40 CFR Part 63 — National Emission Standards for Hazardous Air Pollutants for Source Categories
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PART 63—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES Authority: 42 U.S.C. 7401 et seq. Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted. Subpart A—General Provisions Source: 59 FR 12430, Mar. 16, 1994, unless otherwise noted. § 63.1 Applicability. (a) General. (2) This part contains national emission standards for hazardous air pollutants (NESHAP) established pursuant to section 112 of the Act as amended November 15, 1990. These standards regulate specific categories of stationary sources that emit (or have the potential to emit) one or more hazardous air pollutants listed in this part pursuant to section 112(b) of the Act. This section explains the applicability of such standards to sources affected by them. The standards in this part are independent of NESHAP contained in 40 CFR part 61. The NESHAP in part 61 promulgated by signature of the Administrator before November 15, 1990 (i.e., the date of enactment of the Clean Air Act Amendments of 1990) remain in effect until they are amended, if appropriate, and added to this part. (3) No emission standard or other requirement established under this part shall be interpreted, construed, or applied to diminish or replace the requirements of a more stringent emission limitation or other applicable requirement established by the Administrator pursuant to other authority of the Act (section 111, part C or D or any other authority of this Act), or a standard issued under State authority. The Administrator may specify in a specific standard under this part that facilities subject to other provisions under the Act need only comply with the provisions of that standard. (4)(i) Each relevant standard in this part 63 must identify explicitly whether each provision in this subpart A is or is not included in such relevant standard. (ii) If a relevant part 63 standard incorporates the requirements of 40 CFR part 60, part 61 or other part 63 standards, the relevant part 63 standard must identify explicitly the applicability of each corresponding part 60, part 61, or other part 63 subpart A (General) provision. (iii) The General Provisions in this subpart A do not apply to regulations developed pursuant to section 112(r) of the amended Act, unless otherwise specified in those regulations. (5) [Reserved] (6) To obtain the most current list of categories of sources to be regulated under section 112 of the Act, or to obtain the most recent regulation promulgation schedule established pursuant to section 112(e) of the Act, contact the Office of the Director, Emission Standards Division, Office of Air Quality Planning and Standards, U.S. EPA (MD-13), Research Triangle Park, North Carolina 27711. (7)-(9) [Reserved] (10) For the purposes of this part, time periods specified in days shall be measured in calendar days, even if the word “calendar” is absent, unless otherwise specified in an applicable requirement. (11) For the purposes of this part, if an explicit postmark deadline is not specified in an applicable requirement for the submittal of a notification, application, test plan, report, or other written communication to the Administrator, the owner or operator shall postmark the submittal on or before the number of days specified in the applicable requirement. For example, if a notification must be submitted 15 days before a particular event is scheduled to take place, the notification shall be postmarked on or before 15 days preceding the event; likewise, if a notification must be submitted 15 days after a particular event takes place, the notification shall be postmarked on or before 15 days following the end of the event. The use of reliable non-Government mail carriers that provide indications of verifiable delivery of information required to be submitted to the Administrator, similar to the postmark provided by the U.S. Postal Service, or alternative means of delivery agreed to by the permitting authority, is acceptable. (12) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. Procedures governing the implementation of this provision are specified in § 63.9(i). (b) Initial applicability determination for this part. (i) Emits or has the potential to emit any hazardous air pollutant listed in or pursuant to section 112(b) of the Act; and (ii) Is subject to any standard, limitation, prohibition, or other federally enforceable requirement established pursuant to this part. (2) [Reserved] (3) An owner or operator of a stationary source who is in the relevant source category and who determines that the source is not subject to a relevant standard or other requirement established under this part must keep a record as specified in § 63.10(b)(3). (c) Applicability of this part after a relevant standard has been set under this part. (2) Except as provided in § 63.10(b)(3), if a relevant standard has been established under this part, the owner or operator of an affected source may be required to obtain a title V permit from a permitting authority in the State in which the source is located. Emission standards promulgated in this part for area sources pursuant to section 112(c)(3) of the Act will specify whether— (i) States will have the option to exclude area sources affected by that standard from the requirement to obtain a title V permit (i.e., the standard will exempt the category of area sources altogether from the permitting requirement); (ii) States will have the option to defer permitting of area sources in that category until the Administrator takes rulemaking action to determine applicability of the permitting requirements; or (iii) If a standard fails to specify what the permitting requirements will be for area sources affected by such a standard, then area sources that are subject to the standard will be subject to the requirement to obtain a title V permit without any deferral. (3)-(4) [Reserved] (5) If an area source that otherwise would be subject to an emission standard or other requirement established under this part if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source that is subject to the emission standard or other requirement, such source also shall be subject to the notification requirements of this subpart. (6) A major source may become an area source at any time upon reducing its emissions of and potential to emit hazardous air pollutants, as defined in this subpart, to below the major source thresholds established in § 63.2, subject to the provisions in paragraphs (c)(6)(i) and (ii) of this section. (i) A major source reclassifying to area source status is subject to the applicability of standards, compliance dates and notification requirements specified in (c)(6)(i)(A) of this section. An area source that previously was a major source and becomes a major source again is subject to the applicability of standards, compliance dates, and notification requirements specified in (c)(6)(i)(B) of this section: (A) A major source reclassifying to area source status under this part remains subject to any applicable major source requirements established under this part until the reclassification becomes effective. After the reclassification becomes effective, the source is subject to any applicable area source requirements established under this part immediately, provided the compliance date for the area source requirements has passed. The owner or operator of a major source that becomes an area source subject to newly applicable area source requirements under this part must comply with the initial notification requirements pursuant to § 63.9(b). The owner or operator of a major source that becomes an area source must also provide to the Administrator any change in the information already provided under § 63.9(b) per § 63.9(j). (B) An area source that previously was a major source under this part and that becomes a major source again is subject to the applicable major source requirements established under this part immediately upon becoming a major source again, provided the compliance date for the major source requirements has passed, notwithstanding any provision within the applicable subparts. The owner or operator of an area source that becomes a major source again must comply with the initial notification pursuant to § 63.9(b). The owner or operator must also provide to the Administrator any change in the information already provided under § 63.9(b) per § 63.9(j). (ii) Becoming an area source does not absolve a source subject to an enforcement action or investigation for major source violations or infractions from the consequences of any actions occurring when the source was major. Becoming a major source does not absolve a source subject to an enforcement action or investigation for area source violations or infractions from the consequences of any actions occurring when the source was an area source. (d) [Reserved] (e) If the Administrator promulgates an emission standard under section 112(d) or (h) of the Act that is applicable to a source subject to an emission limitation by permit established under section 112(j) of the Act, and the requirements under the section 112(j) emission limitation are substantially as effective as the promulgated emission standard, the owner or operator may request the permitting authority to revise the source's title V permit to reflect that the emission limitation in the permit satisfies the requirements of the promulgated emission standard. The process by which the permitting authority determines whether the section 112(j) emission limitation is substantially as effective as the promulgated emission standard must include, consistent with part 70 or 71 of this chapter, the opportunity for full public, EPA, and affected State review (including the opportunity for EPA's objection) prior to the permit revision being finalized. A negative determination by the permitting authority constitutes final action for purposes of review and appeal under the applicable title V operating permit program. [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16595, Apr. 5, 2002; 85 FR 73885, Nov. 19, 2020; 89 FR 73307, Sept. 10, 2024; 90 FR 1041, Jan. 7, 2025; 91 FR 60, Jan. 2, 2026] § 63.2 Definitions. The terms used in this part are defined in the Act or in this section as follows: Act et seq., Actual emissions Administrator Affected source, Alternative emission limitation Alternative emission standard Alternative test method Approved permit program Area source Commenced Compliance date Compliance schedule (2) In the case of an affected source that is required to comply with applicable requirements by a future date, a statement that the source will meet such requirements on a timely basis and, if required by an applicable requirement, a detailed schedule of the dates by which each step toward compliance will be reached; or (3) In the case of an affected source not in compliance with all applicable requirements established under this part, a schedule of remedial measures, including an enforceable sequence of actions or operations with milestones and a schedule for the submission of certified progress reports, where applicable, leading to compliance with a relevant standard, limitation, prohibition, or any federally enforceable requirement established pursuant to section 112 of the Act for which the affected source is not in compliance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based. Construction Continuous emission monitoring system Continuous monitoring system Continuous opacity monitoring system Continuous parameter monitoring system Effective date (1) With regard to an emission standard established under this part, the date of promulgation in the Federal Register (2) With regard to an alternative emission limitation or equivalent emission limitation determined by the Administrator (or a State with an approved permit program), the date that the alternative emission limitation or equivalent emission limitation becomes effective according to the provisions of this part. Emission standard Emissions averaging EPA Equivalent emission limitation Excess emissions and continuous monitoring system performance report Existing source Federally enforceable (1) Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to section 112 of the Act as amended in 1990; (2) New source performance standards established pursuant to section 111 of the Act, and emission standards established pursuant to section 112 of the Act before it was amended in 1990; (3) All terms and conditions in a title V permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable; (4) Limitations and conditions that are part of an approved State Implementation Plan (SIP) or a Federal Implementation Plan (FIP); (5) Limitations and conditions that are part of a Federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by the EPA in accordance with 40 CFR part 51; (6) Limitations and conditions that are part of an operating permit where the permit and the permitting program pursuant to which it was issued meet all of the following criteria: (i) The operating permit program has been submitted to and approved by EPA into a State implementation plan (SIP) under section 110 of the CAA; (ii) The SIP imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits which do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not “federally enforceable” by EPA; (iii) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the SIP or enforceable under the SIP, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the SIP, or that are otherwise “federally enforceable”; (iv) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and (v) The permit in question was issued only after adequate and timely notice and opportunity for comment for EPA and the public. (7) Limitations and conditions in a State rule or program that has been approved by the EPA under subpart E of this part for the purposes of implementing and enforcing section 112; and (8) Individual consent agreements that the EPA has legal authority to create. Fixed capital cost Force majeure Fugitive emissions Hazardous air pollutant Issuance Major source Malfunction Monitoring (1) Indicator(s) of performance—the parameter or parameters you measure or observe for demonstrating proper operation of the pollution control measures or compliance with the applicable emissions limitation or standard. Indicators of performance may include direct or predicted emissions measurements (including opacity), operational parametric values that correspond to process or control device (and capture system) efficiencies or emissions rates, and recorded findings of inspection of work practice activities, materials tracking, or design characteristics. Indicators may be expressed as a single maximum or minimum value, a function of process variables (for example, within a range of pressure drops), a particular operational or work practice status (for example, a damper position, completion of a waste recovery task, materials tracking), or an interdependency between two or among more than two variables. (2) Measurement techniques—the means by which you gather and record information of or about the indicators of performance. The components of the measurement technique include the detector type, location and installation specifications, inspection procedures, and quality assurance and quality control measures. Examples of measurement techniques include continuous emission monitoring systems, continuous opacity monitoring systems, continuous parametric monitoring systems, and manual inspections that include making records of process conditions or work practices. (3) Monitoring frequency—the number of times you obtain and record monitoring data over a specified time interval. Examples of monitoring frequencies include at least four points equally spaced for each hour for continuous emissions or parametric monitoring systems, at least every 10 seconds for continuous opacity monitoring systems, and at least once per operating day (or week, month, etc.) for work practice or design inspections. (4) Averaging time—the period over which you average and use data to verify proper operation of the pollution control approach or compliance with the emissions limitation or standard. Examples of averaging time include a 3-hour average in units of the emissions limitation, a 30-day rolling average emissions value, a daily average of a control device operational parametric range, and an instantaneous alarm. New affected source (1) Emission reduction impacts of controlling individual sources versus groups of sources; (2) Cost effectiveness of controlling individual equipment; (3) Flexibility to accommodate common control strategies; (4) Cost/benefits of emissions averaging; (5) Incentives for pollution prevention; (6) Feasibility and cost of controlling processes that share common equipment (e.g., product recovery devices); (7) Feasibility and cost of monitoring; and (8) Other relevant factors. New source One-hour period, Opacity Owner or operator Performance audit Performance evaluation Performance test Permit modification Permit program Permit revision Permitting authority (2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661). Pollution Prevention source reduction (1) Source reduction (i) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal; and (ii) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants. (2) The term source reduction (3) The term source reduction Potential to emit Reconstruction, (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and (2) It is technologically and economically feasible for the reconstructed source to meet the relevant standard(s) established by the Administrator (or a State) pursuant to section 112 of the Act. Upon reconstruction, an affected source, or a stationary source that becomes an affected source, is subject to relevant standards for new sources, including compliance dates, irrespective of any change in emissions of hazardous air pollutants from that source. Regulation promulgation schedule Federal Register. Relevant standard (1) An emission standard; (2) An alternative emission standard; (3) An alternative emission limitation; or (4) An equivalent emission limitation established pursuant to section 112 of the Act that applies to the collection of equipment, activities, or both regulated by such standard or limitation. A relevant standard may include or consist of a design, equipment, work practice, or operational requirement, or other measure, process, method, system, or technique (including prohibition of emissions) that the Administrator (or a State) establishes for new or existing sources to which such standard or limitation applies. Every relevant standard established pursuant to section 112 of the Act includes subpart A of this part, as provided by § 63.1(a)(4), and all applicable appendices of this part or of other parts of this chapter that are referenced in that standard. Responsible official (1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representative is approved in advance by the Administrator. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA). (4) For affected sources (as defined in this part) applying for or subject to a title V permit: “responsible official” shall have the same meaning as defined in part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever is applicable. Run Shutdown Six-minute period Source at a Performance Track member facility www.epa.gov/PerformanceTrack Standard conditions Startup State Stationary source Test method Title V permit Visible emission Working day [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16596, Apr. 5, 2002; 68 FR 32600, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 72 FR 27443, May 16, 2007; 85 FR 63418, Oct. 7, 2020; 85 FR 73885, Nov. 19, 2020] § 63.3 Units and abbreviations. Used in this part are abbreviations and symbols of units of measure. These are defined as follows: (a) System International (SI) units of measure: A = ampere g = gram Hz = hertz J = joule °K = degree Kelvin kg = kilogram l = liter m = meter m 3 mg = milligram = 10 −3 ml = milliliter = 10 −3 mm = millimeter = 10 −3 Mg = megagram = 10 6 MJ = megajoule mol = mole N = newton ng = nanogram = 10 −9 nm = nanometer = 10 −9 Pa = pascal s = second V = volt W = watt Ω = ohm µg = microgram = 10 −6 µl = microliter = 10 −6 (b) Other units of measure: Btu = British thermal unit °C = degree Celsius (centigrade) cal = calorie cfm = cubic feet per minute cc = cubic centimeter cu ft = cubic feet d = day dcf = dry cubic feet dcm = dry cubic meter dscf = dry cubic feet at standard conditions dscm = dry cubic meter at standard conditions eq = equivalent °F degree Fahrenheit ft = feet ft 2 ft 3 gal = gallon gr = grain g-eq = gram equivalent g-mole = gram mole hr = hour in. = inch in. H 2 K = 1,000 kcal = kilocalorie lb = pound lpm = liter per minute meq = milliequivalent min = minute MW = molecular weight oz = ounces ppb = parts per billion ppbw = parts per billion by weight ppbv = parts per billion by volume ppm = parts per million ppmw = parts per million by weight ppmv = parts per million by volume psia = pounds per square inch absolute psig = pounds per square inch gage °R = degree Rankine scf = cubic feet at standard conditions scfh = cubic feet at standard conditions per hour scm = cubic meter at standard conditions scmm = cubic meter at standard conditions per minute sec = second sq ft = square feet std = at standard conditions v/v = volume per volume yd 2 yr = year (c) Miscellaneous: act = actual avg = average I.D. = inside diameter M = molar N = normal O.D. = outside diameter % = percent [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002] § 63.4 Prohibited activities and circumvention. (a) Prohibited activities. (2) No owner or operator subject to the provisions of this part shall fail to keep records, notify, report, or revise reports as required under this part. (3)-(5) [Reserved] (b) Circumvention. (1) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere; (2) The use of gaseous diluents to achieve compliance with a relevant standard for visible emissions; and (c) Fragmentation. [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002] § 63.5 Preconstruction review and notification requirements. (a) Applicability. (2) This section includes notification requirements for new affected sources and reconstructed affected sources that are not major-emitting affected sources and that are or become subject to a relevant promulgated emission standard after the effective date of a relevant standard promulgated under this part. (b) Requirements for existing, newly constructed, and reconstructed sources. (2) [Reserved] (3) After the effective date of any relevant standard promulgated by the Administrator under this part, no person may, without obtaining written approval in advance from the Administrator in accordance with the procedures specified in paragraphs (d) and (e) of this section, do any of the following: (i) Construct a new affected source that is major-emitting and subject to such standard; (ii) Reconstruct an affected source that is major-emitting and subject to such standard; or (iii) Reconstruct a major source such that the source becomes an affected source that is major-emitting and subject to the standard. (4) After the effective date of any relevant standard promulgated by the Administrator under this part, an owner or operator who constructs a new affected source that is not major-emitting or reconstructs an affected source that is not major-emitting that is subject to such standard, or reconstructs a source such that the source becomes an affected source subject to the standard, must notify the Administrator of the intended construction or reconstruction. The notification must be submitted in accordance with the procedures in § 63.9(b). (5) [Reserved] (6) After the effective date of any relevant standard promulgated by the Administrator under this part, equipment added (or a process change) to an affected source that is within the scope of the definition of affected source under the relevant standard must be considered part of the affected source and subject to all provisions of the relevant standard established for that affected source. (c) [Reserved] (d) Application for approval of construction or reconstruction. (1) General application requirements. (ii) A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum: (A) The applicant's name and address; (B) A notification of intention to construct a new major affected source or make any physical or operational change to a major affected source that may meet or has been determined to meet the criteria for a reconstruction, as defined in § 63.2 or in the relevant standard; (C) The address (i.e., physical location) or proposed address of the source; (D) An identification of the relevant standard that is the basis of the application; (E) The expected date of the beginning of actual construction or reconstruction; (F) The expected completion date of the construction or reconstruction; (G) [Reserved] (H) The type and quantity of hazardous air pollutants emitted by the source, reported in units and averaging times and in accordance with the test methods specified in the relevant standard, or if actual emissions data are not yet available, an estimate of the type and quantity of hazardous air pollutants expected to be emitted by the source reported in units and averaging times specified in the relevant standard. The owner or operator may submit percent reduction information if a relevant standard is established in terms of percent reduction. However, operating parameters, such as flow rate, shall be included in the submission to the extent that they demonstrate performance and compliance; and (I) [Reserved] (J) Other information as specified in paragraphs (d)(2) and (d)(3) of this section. (iii) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in paragraphs (d)(1)(ii)(H) and (d)(2) of this section shall submit the actual, measured emissions data and other correct information as soon as available but no later than with the notification of compliance status required in § 63.9(h) (see § 63.9(h)(5)). (2) Application for approval of construction. (3) Application for approval of reconstruction. (i) A brief description of the affected source and the components that are to be replaced; (ii) A description of present and proposed emission control systems (i.e., equipment or methods). The description of the equipment to be used for the control of emissions shall include each control device for each hazardous air pollutant and the estimated control efficiency (percent) for each control device. The description of the method to be used for the control of emissions shall include an estimated control efficiency (percent) for that method. Such technical information shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of the calculations; (iii) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source; (iv) The estimated life of the affected source after the replacements; and (v) A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Administrator's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so. (vi) If in the application for approval of reconstruction the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or other requirements, the owner or operator need not submit the information required in paragraphs (d)(3)(iii) through (d)(3)(v) of this section. (4) Additional information. (e) Approval of construction or reconstruction. (ii) In addition, in the case of reconstruction, the Administrator's determination under this paragraph will be based on: (A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new source; (B) The estimated life of the source after the replacements compared to the life of a comparable entirely new source; (C) The extent to which the components being replaced cause or contribute to the emissions from the source; and (D) Any economic or technical limitations on compliance with relevant standards that are inherent in the proposed replacements. (2)(i) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of construction or reconstruction within 60 calendar days after receipt of sufficient information to evaluate an application submitted under paragraph (d) of this section. The 60-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete. The Administrator will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted. (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (3) Before denying any application for approval of construction or reconstruction, the Administrator will notify the applicant of the Administrator's intention to issue the denial together with— (i) Notice of the information and findings on which the intended denial is based; and (ii) Notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator to enable further action on the application. (4) A final determination to deny any application for approval will be in writing and will specify the grounds on which the denial is based. The final determination will be made within 60 calendar days of presentation of additional information or arguments (if the application is complete), or within 60 calendar days after the final date specified for presentation if no presentation is made. (5) Neither the submission of an application for approval nor the Administrator's approval of construction or reconstruction shall— (i) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or (ii) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act. (f) Approval of construction or reconstruction based on prior State preconstruction review. (i) The owner or operator of the new affected source or reconstructed affected source has undergone a preconstruction review and approval process in the State in which the source is (or would be) located and has received a federally enforceable construction permit that contains a finding that the source will meet the relevant promulgated emission standard, if the source is properly built and operated. (ii) Provide a statement from the State or other evidence (such as State regulations) that it considered the factors specified in paragraph (e)(1) of this section. (2) The owner or operator must submit to the Administrator the request for approval of construction or reconstruction under this paragraph (f)(2) no later than the application deadline specified in paragraph (d)(1) of this section (see also § 63.9(b)(2)). The owner or operator must include in the request information sufficient for the Administrator's determination. The Administrator will evaluate the owner or operator's request in accordance with the procedures specified in paragraph (e) of this section. The Administrator may request additional relevant information after the submittal of a request for approval of construction or reconstruction under this paragraph (f)(2). [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16598, Apr. 5, 2002] § 63.6 Compliance with standards and maintenance requirements. (a) Applicability. (i) The Administrator (or a State with an approved permit program) has granted an extension of compliance consistent with paragraph (i) of this section; or (ii) The President has granted an exemption from compliance with any relevant standard in accordance with section 112(i)(4) of the Act. (2) If an area source that otherwise would be subject to an emission standard or other requirement established under this part if it were a major source subsequently increases its emissions of hazardous air pollutants (or its potential to emit hazardous air pollutants) such that the source is a major source, such source shall be subject to the relevant emission standard or other requirement. (b) Compliance dates for new and reconstructed sources. (2) Except as specified in paragraphs (b)(3) and (4) of this section, the owner or operator of a new or reconstructed affected source that has an initial startup after the effective date of a relevant standard established under this part pursuant to section 112(d), (f), or (h) of the Act must comply with such standard upon startup of the source. (3) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established under this part pursuant to section 112(d), 112(f), or 112(h) of the Act but before the effective date (that is, promulgation) of such standard shall comply with the relevant emission standard not later than the date 3 years after the effective date if: (i) The promulgated standard (that is, the relevant standard) is more stringent than the proposed standard; for purposes of this paragraph, a finding that controls or compliance methods are “more stringent” must include control technologies or performance criteria and compliance or compliance assurance methods that are different but are substantially equivalent to those required by the promulgated rule, as determined by the Administrator (or his or her authorized representative); and (ii) The owner or operator complies with the standard as proposed during the 3-year period immediately after the effective date. (4) The owner or operator of an affected source for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of a relevant standard established pursuant to section 112(f) shall not be required to comply with the section 112(f) emission standard until the date 10 years after the date construction or reconstruction is commenced, except that, if the section 112(f) standard is promulgated more than 10 years after construction or reconstruction is commenced, the owner or operator must comply with the standard as provided in paragraphs (b)(1) and (2) of this section. (5) The owner or operator of a new source that is subject to the compliance requirements of paragraph (b)(3) or (4) of this section must notify the Administrator in accordance with § 63.9(d) (6) [Reserved] (7) When an area source increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source, the portion of the facility that meets the definition of a new affected source must comply with all requirements of that standard applicable to new sources. The source owner or operator must comply with the relevant standard upon startup. (c) Compliance dates for existing sources. (2) If an existing source is subject to a standard established under this part pursuant to section 112(f) of the Act, the owner or operator must comply with the standard by the date 90 days after the standard's effective date, or by the date specified in an extension granted to the source by the Administrator under paragraph (i)(4)(ii) of this section, whichever is later. (3)-(4) [Reserved] (5) Except as provided in paragraph (b)(7) of this section, the owner or operator of an area source that increases its emissions of (or its potential to emit) hazardous air pollutants such that the source becomes a major source and meets the definition of an existing source in the applicable major source standard shall be subject to relevant standards for existing sources. Except as provided in paragraph § 63.1(c)(6)(i)(B), such sources must comply by the date specified in the standards for existing area sources that become major sources. If no such compliance date is specified in the standards, the source shall have a period of time to comply with the relevant emission standard that is equivalent to the compliance period specified in the relevant standard for existing sources in existence at the time the standard becomes effective. (d) [Reserved] (e) Operation and maintenance requirements. (ii) Malfunctions must be corrected as soon as practicable after their occurrence. To the extent that an unexpected event arises during a startup, shutdown, or malfunction, an owner or operator must comply by minimizing emissions during such a startup, shutdown, and malfunction event consistent with safety and good air pollution control practices. (iii) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards. (2) [Reserved] (3) Startup, shutdown, and malfunction plan. (A) Ensure that, at all times, the owner or operator operates and maintains each affected source, including associated air pollution control and monitoring equipment, in a manner which satisfies the general duty to minimize emissions established by paragraph (e)(1)(i) of this section; (B) Ensure that owners or operators are prepared to correct malfunctions as soon as practicable after their occurrence in order to minimize excess emissions of hazardous air pollutants; and (C) Reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation). (ii) [Reserved] (iii) When actions taken by the owner or operator during a startup or shutdown (and the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), or malfunction (including actions taken to correct a malfunction) are consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, the owner or operator must keep records for that event which demonstrate that the procedures specified in the plan were followed. These records may take the form of a “checklist,” or other effective form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan and describes the actions taken for that event. In addition, the owner or operator must keep records of these events as specified in paragraph 63.10(b), including records of the occurrence and duration of each startup or shutdown (if the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), or malfunction of operation and each malfunction of the air pollution control and monitoring equipment. Furthermore, the owner or operator shall confirm that actions taken during the relevant reporting period during periods of startup, shutdown, and malfunction were consistent with the affected source's startup, shutdown and malfunction plan in the semiannual (or more frequent) startup, shutdown, and malfunction report required in § 63.10(d)(5). (iv) If an action taken by the owner or operator during a startup, shutdown, or malfunction (including an action taken to correct a malfunction) is not consistent with the procedures specified in the affected source's startup, shutdown, and malfunction plan, and the source exceeds any applicable emission limitation in the relevant emission standard, then the owner or operator must record the actions taken for that event and must report such actions within 2 working days after commencing actions inconsistent with the plan, followed by a letter within 7 working days after the end of the event, in accordance with § 63.10(d)(5) (unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator). (v) The owner or operator must maintain at the affected source a current startup, shutdown, and malfunction plan and must make the plan available upon request for inspection and copying by the Administrator. In addition, if the startup, shutdown, and malfunction plan is subsequently revised as provided in paragraph (e)(3)(viii) of this section, the owner or operator must maintain at the affected source each previous (i.e., superseded) version of the startup, shutdown, and malfunction plan, and must make each such previous version available for inspection and copying by the Administrator for a period of 5 years after revision of the plan. If at any time after adoption of a startup, shutdown, and malfunction plan the affected source ceases operation or is otherwise no longer subject to the provisions of this part, the owner or operator must retain a copy of the most recent plan for 5 years from the date the source ceases operation or is no longer subject to this part and must make the plan available upon request for inspection and copying by the Administrator. The Administrator may at any time request in writing that the owner or operator submit a copy of any startup, shutdown, and malfunction plan (or a portion thereof) which is maintained at the affected source or in the possession of the owner or operator. Upon receipt of such a request, the owner or operator must promptly submit a copy of the requested plan (or a portion thereof) to the Administrator. The owner or operator may elect to submit the required copy of any startup, shutdown, and malfunction plan to the Administrator in an electronic format. If the owner or operator claims that any portion of such a startup, shutdown, and malfunction plan is confidential business information entitled to protection from disclosure under section 114(c) of the Act or 40 CFR 2.301, the material which is claimed as confidential must be clearly designated in the submission. (vi) To satisfy the requirements of this section to develop a startup, shutdown, and malfunction plan, the owner or operator may use the affected source's standard operating procedures (SOP) manual, or an Occupational Safety and Health Administration (OSHA) or other plan, provided the alternative plans meet all the requirements of this section and are made available for inspection or submitted when requested by the Administrator. (vii) Based on the results of a determination made under paragraph (e)(1)(i) of this section, the Administrator may require that an owner or operator of an affected source make changes to the startup, shutdown, and malfunction plan for that source. The Administrator must require appropriate revisions to a startup, shutdown, and malfunction plan, if the Administrator finds that the plan: (A) Does not address a startup, shutdown, or malfunction event that has occurred; (B) Fails to provide for the operation of the source (including associated air pollution control and monitoring equipment) during a startup, shutdown, or malfunction event in a manner consistent with the general duty to minimize emissions established by paragraph (e)(1)(i) of this section; (C) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control and monitoring equipment as quickly as practicable; or (D) Includes an event that does not meet the definition of startup, shutdown, or malfunction listed in § 63.2. (viii) The owner or operator may periodically revise the startup, shutdown, and malfunction plan for the affected source as necessary to satisfy the requirements of this part or to reflect changes in equipment or procedures at the affected source. Unless the permitting authority provides otherwise, the owner or operator may make such revisions to the startup, shutdown, and malfunction plan without prior approval by the Administrator or the permitting authority. However, each such revision to a startup, shutdown, and malfunction plan must be reported in the semiannual report required by § 63.10(d)(5). If the startup, shutdown, and malfunction plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction but was not included in the startup, shutdown, and malfunction plan at the time the owner or operator developed the plan, the owner or operator must revise the startup, shutdown, and malfunction plan within 45 days after the event to include detailed procedures for operating and maintaining the source during similar malfunction events and a program of corrective action for similar malfunctions of process or air pollution control and monitoring equipment. In the event that the owner or operator makes any revision to the startup, shutdown, and malfunction plan which alters the scope of the activities at the source which are deemed to be a startup, shutdown, or malfunction, or otherwise modifies the applicability of any emission limit, work practice requirement, or other requirement in a standard established under this part, the revised plan shall not take effect until after the owner or operator has provided a written notice describing the revision to the permitting authority. (ix) The title V permit for an affected source must require that the owner or operator develop a startup, shutdown, and malfunction plan which conforms to the provisions of this part, but may do so by citing to the relevant subpart or subparagraphs of paragraph (e) of this section. However, any revisions made to the startup, shutdown, and malfunction plan in accordance with the procedures established by this part shall not be deemed to constitute permit revisions under part 70 or part 71 of this chapter and the elements of the startup, shutdown, and malfunction plan shall not be considered an applicable requirement as defined in § 70.2 and § 71.2 of this chapter. Moreover, none of the procedures specified by the startup, shutdown, and malfunction plan for an affected source shall be deemed to fall within the permit shield provision in section 504(f) of the Act. (f) Compliance with nonopacity emission standards Applicability. (2) Methods for determining compliance. (ii) The Administrator will determine compliance with nonopacity emission standards in this part by evaluation of an owner or operator's conformance with operation and maintenance requirements, including the evaluation of monitoring data, as specified in § 63.6(e) and applicable subparts of this part. (iii) If an affected source conducts performance testing at startup to obtain an operating permit in the State in which the source is located, the results of such testing may be used to demonstrate compliance with a relevant standard if— (A) The performance test was conducted within a reasonable amount of time before an initial performance test is required to be conducted under the relevant standard; (B) The performance test was conducted under representative operating conditions for the source; (C) The performance test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in § 63.7(e) of this subpart; and (D) The performance test was appropriately quality-assured, as specified in § 63.7(c). (iv) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this part by review of records, inspection of the source, and other procedures specified in applicable subparts of this part. (v) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards in this part by evaluation of an owner or operator's conformance with operation and maintenance requirements, as specified in paragraph (e) of this section and applicable subparts of this part. (3) Finding of compliance. (g) Use of an alternative nonopacity emission standard. Federal Register Federal Register (2) An owner or operator requesting permission under this paragraph shall, unless otherwise specified in an applicable subpart, submit a proposed test plan or the results of testing and monitoring in accordance with § 63.7 and § 63.8, a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. Any testing or monitoring conducted to request permission to use an alternative nonopacity emission standard shall be appropriately quality assured and quality controlled, as specified in § 63.7 and § 63.8. (3) The Administrator may establish general procedures in an applicable subpart that accomplish the requirements of paragraphs (g)(1) and (g)(2) of this section. (h) Compliance with opacity and visible emission standards Applicability. (2) Methods for determining compliance. (ii) [Reserved] (iii) If an affected source undergoes opacity or visible emission testing at startup to obtain an operating permit in the State in which the source is located, the results of such testing may be used to demonstrate compliance with a relevant standard if— (A) The opacity or visible emission test was conducted within a reasonable amount of time before a performance test is required to be conducted under the relevant standard; (B) The opacity or visible emission test was conducted under representative operating conditions for the source; (C) The opacity or visible emission test was conducted and the resulting data were reduced using EPA-approved test methods and procedures, as specified in § 63.7(e); and (D) The opacity or visible emission test was appropriately quality-assured, as specified in § 63.7(c) of this section. (3) [Reserved] (4) Notification of opacity or visible emission observations. (5) Conduct of opacity or visible emission observations. (i) For the purpose of demonstrating initial compliance, opacity or visible emission observations shall be conducted concurrently with the initial performance test required in § 63.7 unless one of the following conditions applies: (A) If no performance test under § 63.7 is required, opacity or visible emission observations shall be conducted within 60 days after achieving the maximum production rate at which a new or reconstructed source will be operated, but not later than 120 days after initial startup of the source, or within 120 days after the effective date of the relevant standard in the case of new sources that start up before the standard's effective date. If no performance test under § 63.7 is required, opacity or visible emission observations shall be conducted within 120 days after the compliance date for an existing or modified source; or (B) If visibility or other conditions prevent the opacity or visible emission observations from being conducted concurrently with the initial performance test required under § 63.7, or within the time period specified in paragraph (h)(5)(i)(A) of this section, the source's owner or operator shall reschedule the opacity or visible emission observations as soon after the initial performance test, or time period, as possible, but not later than 30 days thereafter, and shall advise the Administrator of the rescheduled date. The rescheduled opacity or visible emission observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial performance test conducted under § 63.7. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity or visible emission observations from being made concurrently with the initial performance test in accordance with procedures contained in Test Method 9 or Test Method 22 in appendix A of part 60 of this chapter. (ii) For the purpose of demonstrating initial compliance, the minimum total time of opacity observations shall be 3 hours (30 6-minute averages) for the performance test or other required set of observations (e.g., for fugitive-type emission sources subject only to an opacity emission standard). (iii) The owner or operator of an affected source to which an opacity or visible emission standard in this part applies shall conduct opacity or visible emission observations in accordance with the provisions of this section, record the results of the evaluation of emissions, and report to the Administrator the opacity or visible emission results in accordance with the provisions of § 63.10(d). (iv) [Reserved] (v) Opacity readings of portions of plumes that contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity emission standards. (6) Availability of records. (7) Use of a continuous opacity monitoring system. (ii) Whenever an opacity emission test method has not been specified in an applicable subpart, or an owner or operator of an affected source is required to conduct Test Method 9 observations (see appendix A of part 60 of this chapter), the owner or operator may submit, for compliance purposes, COMS data results produced during any performance test required under § 63.7 in lieu of Method 9 data. If the owner or operator elects to submit COMS data for compliance with the opacity emission standard, he or she shall notify the Administrator of that decision, in writing, simultaneously with the notification under § 63.7(b) of the date the performance test is scheduled to begin. Once the owner or operator of an affected source has notified the Administrator to that effect, the COMS data results will be used to determine opacity compliance during subsequent performance tests required under § 63.7, unless the owner or operator notifies the Administrator in writing to the contrary not later than with the notification under § 63.7(b) of the date the subsequent performance test is scheduled to begin. (iii) For the purposes of determining compliance with the opacity emission standard during a performance test required under § 63.7 using COMS data, the COMS data shall be reduced to 6-minute averages over the duration of the mass emission performance test. (iv) The owner or operator of an affected source using a COMS for compliance purposes is responsible for demonstrating that he/she has complied with the performance evaluation requirements of § 63.8(e), that the COMS has been properly maintained, operated, and data quality-assured, as specified in § 63.8(c) and § 63.8(d), and that the resulting data have not been altered in any way. (v) Except as provided in paragraph (h)(7)(ii) of this section, the results of continuous monitoring by a COMS that indicate that the opacity at the time visual observations were made was not in excess of the emission standard are probative but not conclusive evidence of the actual opacity of an emission, provided that the affected source proves that, at the time of the alleged violation, the instrument used was properly maintained, as specified in § 63.8(c), and met Performance Specification 1 in appendix B of part 60 of this chapter, and that the resulting data have not been altered in any way. (8) Finding of compliance. (9) Adjustment to an opacity emission standard. (ii) The Administrator may grant such a petition upon a demonstration by the owner or operator that— (A) The affected source and its associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests; (B) The performance tests were performed under the conditions established by the Administrator; and (C) The affected source and its associated air pollution control equipment were incapable of being adjusted or operated to meet the relevant opacity emission standard. (iii) The Administrator will establish an adjusted opacity emission standard for the affected source meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity emission standard at all times during which the source is meeting the mass or concentration emission standard. The Administrator will promulgate the new opacity emission standard in the Federal Register. (iv) After the Administrator promulgates an adjusted opacity emission standard for an affected source, the owner or operator of such source shall be subject to the new opacity emission standard, and the new opacity emission standard shall apply to such source during any subsequent performance tests. (i) Extension of compliance with emission standards. (2) Extension of compliance for early reductions and other reductions Early reductions. (ii) Other reductions. (3) Request for extension of compliance. (4)(i)(A) The owner or operator of an existing source who is unable to comply with a relevant standard established under this part pursuant to section 112(d) of the Act may request that the Administrator (or a State, when the State has an approved part 70 permit program and the source is required to obtain a part 70 permit under that program, or a State, when the State has been delegated the authority to implement and enforce the emission standard for that source) grant an extension allowing the source up to 1 additional year to comply with the standard, if such additional period is necessary for the installation of controls. An additional extension of up to 3 years may be added for mining waste operations, if the 1-year extension of compliance is insufficient to dry and cover mining waste in order to reduce emissions of any hazardous air pollutant. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and who is otherwise required to obtain a title V permit shall apply for such permit or apply to have the source's title V permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under this paragraph will be incorporated into the affected source's title V permit according to the provisions of part 70 or Federal title V regulations in this chapter (42 U.S.C. 7661), whichever are applicable. (B) Any request under this paragraph for an extension of compliance with a relevant standard must be submitted in writing to the appropriate authority no later than 120 days prior to the affected source's compliance date (as specified in paragraphs (b) and (c) of this section), except as provided for in paragraph (i)(4)(i)(C) of this section. Nonfrivolous requests submitted under this paragraph will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the date of denial. Emission standards established under this part may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards. (C) An owner or operator may submit a compliance extension request after the date specified in paragraph (i)(4)(i)(B) of this section provided the need for the compliance extension arose after that date, and before the otherwise applicable compliance date and the need arose due to circumstances beyond reasonable control of the owner or operator. This request must include, in addition to the information required in paragraph (i)(6)(i) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problems. Nonfrivolous requests submitted under this paragraph will stay the applicability of the rule as to the emission points in question until such time as the request is granted or denied. A denial will be effective as of the original compliance date. (ii) The owner or operator of an existing source unable to comply with a relevant standard established under this part pursuant to section 112(f) of the Act may request that the Administrator grant an extension allowing the source up to 2 years after the standard's effective date to comply with the standard. The Administrator may grant such an extension if he/she finds that such additional period is necessary for the installation of controls and that steps will be taken during the period of the extension to assure that the health of persons will be protected from imminent endangerment. Any request for an extension of compliance with a relevant standard under this paragraph must be submitted in writing to the Administrator not later than 90 calendar days after the effective date of the relevant standard. (5) The owner or operator of an existing source that has installed BACT or technology required to meet LAER [as specified in paragraph (i)(2)(ii) of this section] prior to the promulgation of a relevant emission standard in this part may request that the Administrator grant an extension allowing the source 5 years from the date on which such installation was achieved, as determined by the Administrator, to comply with the standard. Any request for an extension of compliance with a relevant standard under this paragraph shall be submitted in writing to the Administrator not later than 120 days after the promulgation date of the standard. The Administrator may grant such an extension if he or she finds that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard. (6)(i) The request for a compliance extension under paragraph (i)(4) of this section shall include the following information: (A) A description of the controls to be installed to comply with the standard; (B) A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include: ( 1 ( 2 ( 3 ( 4 (C)-(D) (ii) The request for a compliance extension under paragraph (i)(5) of this section shall include all information needed to demonstrate to the Administrator's satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard. (7) Advice on requesting an extension of compliance may be obtained from the Administrator (or the State with an approved permit program). (8) Approval of request for extension of compliance. (9) Based on the information provided in any request made under paragraphs (i)(4) through (i)(6) of this section, or other information, the Administrator (or the State with an approved permit program) may grant an extension of compliance with an emission standard, as specified in paragraphs (i)(4) and (i)(5) of this section. (10) The extension will be in writing and will— (i) Identify each affected source covered by the extension; (ii) Specify the termination date of the extension; (iii) Specify the dates by which steps toward compliance are to be taken, if appropriate; (iv) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and (v)(A) Under paragraph (i)(4), specify any additional conditions that the Administrator (or the State) deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period; or (B) Under paragraph (i)(5), specify any additional conditions that the Administrator deems necessary to assure the proper operation and maintenance of the installed controls during the extension period. (11) The owner or operator of an existing source that has been granted an extension of compliance under paragraph (i)(10) of this section may be required to submit to the Administrator (or the State with an approved permit program) progress reports indicating whether the steps toward compliance outlined in the compliance schedule have been reached. The contents of the progress reports and the dates by which they shall be submitted will be specified in the written extension of compliance granted under paragraph (i)(10) of this section. (12)(i) The Administrator (or the State with an approved permit program) will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (i)(4)(i) or (i)(5) of this section. The Administrator (or the State) will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete. (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (iii) Before denying any request for an extension of compliance, the Administrator (or the State with an approved permit program) will notify the owner or operator in writing of the Administrator's (or the State's) intention to issue the denial, together with— (A) Notice of the information and findings on which the intended denial is based; and (B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator (or the State) before further action on the request. (iv) The Administrator's final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made. (13)(i) The Administrator will notify the owner or operator in writing of approval or intention to deny approval of a request for an extension of compliance within 30 calendar days after receipt of sufficient information to evaluate a request submitted under paragraph (i)(4)(ii) of this section. The 30-day approval or denial period will begin after the owner or operator has been notified in writing that his/her application is complete. The Administrator (or the State) will notify the owner or operator in writing of the status of his/her application, that is, whether the application contains sufficient information to make a determination, within 15 calendar days after receipt of the original application and within 15 calendar days after receipt of any supplementary information that is submitted. (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 calendar days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (iii) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with— (A) Notice of the information and findings on which the intended denial is based; and (B) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request. (iv) A final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 calendar days after presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made. (14) The Administrator (or the State with an approved permit program) may terminate an extension of compliance at an earlier date than specified if any specification under paragraph (i)(10)(iii) or (iv) of this section is not met. Upon a determination to terminate, the Administrator will notify, in writing, the owner or operator of the Administrator's determination to terminate, together with: (i) Notice of the reason for termination; and (ii) Notice of opportunity for the owner or operator to present in writing, within 15 calendar days after he/she is notified of the determination to terminate, additional information or arguments to the Administrator before further action on the termination. (iii) A final determination to terminate an extension of compliance will be in writing and will set forth the specific grounds on which the termination is based. The final determination will be made within 30 calendar days after presentation of additional information or arguments, or within 30 calendar days after the final date specified for the presentation if no presentation is made. (15) [Reserved] (16) The granting of an extension under this section shall not abrogate the Administrator's authority under section 114 of the Act. (j) Exemption from compliance with emission standards. [59 FR 12430, Mar. 16, 1994, as amended at 67 FR 16599, Apr. 5, 2002; 68 FR 32600, May 30, 2003; 71 FR 20454, Apr. 20, 2006; 85 FR 73885, Nov. 19, 2020; 86 FR 13821, Mar. 11, 2021] § 63.7 Performance testing requirements. (a) Applicability and performance test dates. (2) Except as provided in paragraph (a)(4) of this section, if required to do performance testing by a relevant standard, and unless a waiver of performance testing is obtained under this section or the conditions of paragraph (c)(3)(ii)(B) of this section apply, the owner or operator of the affected source must perform such tests within 180 days of the compliance date for such source. (i)-(viii) [Reserved] (ix) Except as provided in paragraph (a)(4) of this section, when an emission standard promulgated under this part is more stringent than the standard proposed (see § 63.6(b)(3)), the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date, or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard. (3) The Administrator may require an owner or operator to conduct performance tests at the affected source at any other time when the action is authorized by section 114 of the Act. (4) If a force majeure is about to occur, occurs, or has occurred for which the affected owner or operator intends to assert a claim of force majeure: (i) The owner or operator shall notify the Administrator, in writing as soon as practicable following the date the owner or operator first knew, or through due diligence should have known that the event may cause or caused a delay in testing beyond the regulatory deadline specified in paragraph (a)(2) or (a)(3) of this section, or elsewhere in this part, but the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification shall occur as soon as practicable. (ii) The owner or operator shall provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure occurs. (iii) The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Administrator. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable. (iv) Until an extension of the performance test deadline has been approved by the Administrator under paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii) of this section, the owner or operator of the affected facility remains strictly subject to the requirements of this part. (b) Notification of performance test. (2) In the event the owner or operator is unable to conduct the performance test on the date specified in the notification requirement specified in paragraph (b)(1) of this section due to unforeseeable circumstances beyond his or her control, the owner or operator must notify the Administrator as soon as practicable and without delay prior to the scheduled performance test date and specify the date when the performance test is rescheduled. This notification of delay in conducting the performance test shall not relieve the owner or operator of legal responsibility for compliance with any other applicable provisions of this part or with any other applicable Federal, State, or local requirement, nor will it prevent the Administrator from implementing or enforcing this part or taking any other action under the Act. (c) Quality assurance program. (2)(i) Submission of site-specific test plan. (ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of test data precision; an example of internal QA is the sampling and analysis of replicate samples. (iii) The performance testing shall include a test method performance audit (PA) during the performance test. The PAs consist of blind audit samples supplied by an accredited audit sample provider and analyzed during the performance test in order to provide a measure of test data bias. Gaseous audit samples are designed to audit the performance of the sampling system as well as the analytical system and must be collected by the sampling system during the compliance test just as the compliance samples are collected. If a liquid or solid audit sample is designed to audit the sampling system, it must also be collected by the sampling system during the compliance test. If multiple sampling systems or sampling trains are used during the compliance test for any of the test methods, the tester is only required to use one of the sampling systems per method to collect the audit sample. The audit sample must be analyzed by the same analyst using the same analytical reagents and analytical system and at the same time as the compliance samples. Retests are required when there is a failure to produce acceptable results for an audit sample. However, if the audit results do not affect the compliance or noncompliance status of the affected facility, the compliance authority may waive the reanalysis requirement, further audits, or retests and accept the results of the compliance test. Acceptance of the test results shall constitute a waiver of the reanalysis requirement, further audits, or retests. The compliance authority may also use the audit sample failure and the compliance test results as evidence to determine the compliance or noncompliance status of the affected facility. A blind audit sample is a sample whose value is known only to the sample provider and is not revealed to the tested facility until after they report the measured value of the audit sample. For pollutants that exist in the gas phase at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in air or nitrogen that can be introduced into the sampling system of the test method at or near the same entry point as a sample from the emission source. If no gas phase audit samples are available, an acceptable alternative is a sample of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. For samples that exist only in a liquid or solid form at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. An accredited audit sample provider (AASP) is an organization that has been accredited to prepare audit samples by an independent, third party accrediting body. (A) The source owner, operator, or representative of the tested facility shall obtain an audit sample, if commercially available, from an AASP for each test method used for regulatory compliance purposes. No audit samples are required for the following test methods: Methods 3A and 3C of appendix A-3 of part 60 of this chapter; Methods 6C, 7E, 9, and 10 of appendix A-4 of part 60; Methods 18 and 19 of appendix A-6 of part 60; Methods 20, 22, and 25A of appendix A-7 of part 60; Methods 30A and 30B of appendix A-8 of part 60; and Methods 303, 318, 320, and 321 of appendix A of this part. If multiple sources at a single facility are tested during a compliance test event, only one audit sample is required for each method used during a compliance test. The compliance authority responsible for the compliance test may waive the requirement to include an audit sample if they believe that an audit sample is not necessary. “Commercially available” means that two or more independent AASPs have blind audit samples available for purchase. If the source owner, operator, or representative cannot find an audit sample for a specific method, the owner, operator, or representative shall consult the EPA Web site at the following URL, www.epa.gov/ttn/emc, (B) An AASP shall have and shall prepare, analyze, and report the true value of audit samples in accordance with a written technical criteria document that describes how audit samples will be prepared and distributed in a manner that will ensure the integrity of the audit sample program. An acceptable technical criteria document shall contain standard operating procedures for all of the following operations: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (C) The accrediting body shall have a written technical criteria document that describes how it will ensure that the AASP is operating in accordance with the AASP technical criteria document that describes how audit samples are to be prepared and distributed. This document shall contain standard operating procedures for all of the following operations: ( 1 ( 2 ( 3 (D) The technical criteria documents for the accredited sample providers and the accrediting body shall be developed through a public process guided by a voluntary consensus standards body (VCSB). The VCSB shall operate in accordance with the procedures and requirements in the Office of Management and Budget Circular A-119. http://standards.gov/standards_gov/a119.cfm. http://www.epa.gov/ttn/emc. (iv) The owner or operator of an affected source shall submit the site-specific test plan to the Administrator upon the Administrator's request at least 60 calendar days before the performance test is scheduled to take place, that is, simultaneously with the notification of intention to conduct a performance test required under paragraph (b) of this section, or on a mutually agreed upon date. (v) The Administrator may request additional relevant information after the submittal of a site-specific test plan. (3) Approval of site-specific test plan. (A) Notice of the information and findings on which the intended disapproval is based; and (B) Notice of opportunity for the owner or operator to present, within 30 calendar days after he/she is notified of the intended disapproval, additional information to the Administrator before final action on the plan. (ii) In the event that the Administrator fails to approve or disapprove the site-specific test plan within the time period specified in paragraph (c)(3)(i) of this section, the following conditions shall apply: (A) If the owner or operator intends to demonstrate compliance using the test method(s) specified in the relevant standard or with only minor changes to those tests methods (see paragraph (e)(2)(i) of this section), the owner or operator must conduct the performance test within the time specified in this section using the specified method(s); (B) If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the Administrator approves the use of the alternative method when the Administrator approves the site-specific test plan (if review of the site-specific test plan is requested) or after the alternative method is approved (see paragraph (f) of this section). However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval 45 days after submission of the site-specific test plan or request to use an alternative method. The owner or operator is authorized to conduct the performance test within 60 calendar days after he/she is authorized to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding three sentences, the owner or operator may proceed to conduct the performance test as required in this section (without the Administrator's prior approval of the site-specific test plan) if he/she subsequently chooses to use the specified testing and monitoring methods instead of an alternative. (iii) Neither the submission of a site-specific test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall— (A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or (B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act. (d) Performance testing facilities. (1) Sampling ports adequate for test methods applicable to such source. This includes: (i) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and (ii) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures; (2) Safe sampling platform(s); (3) Safe access to sampling platform(s); (4) Utilities for sampling and testing equipment; and (5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source. (e) Conduct of performance tests. (2) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this section, in each relevant standard, and, if required, in applicable appendices of parts 51, 60, 61, and 63 of this chapter unless the Administrator— (i) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology (see definition in § 63.90(a)). Such changes may be approved in conjunction with approval of the site-specific test plan (see paragraph (c) of this section); or (ii) Approves the use of an intermediate or major change or alternative to a test method (see definitions in § 63.90(a)), the results of which the Administrator has determined to be adequate for indicating whether a specific affected source is in compliance; or (iii) Approves shorter sampling times or smaller sample volumes when necessitated by process variables or other factors; or (iv) Waives the requirement for performance tests because the owner or operator of an affected source has demonstrated by other means to the Administrator's satisfaction that the affected source is in compliance with the relevant standard. (3) Unless otherwise specified in a relevant standard or test method, each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the relevant standard. For the purpose of determining compliance with a relevant standard, the arithmetic mean of the results of the three runs shall apply. Upon receiving approval from the Administrator, results of a test run may be replaced with results of an additional test run in the event that— (i) A sample is accidentally lost after the testing team leaves the site; or (ii) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or (iii) Extreme meteorological conditions occur; or (iv) Other circumstances occur that are beyond the owner or operator's control. (4) Nothing in paragraphs (e)(1) through (e)(3) of this section shall be construed to abrogate the Administrator's authority to require testing under section 114 of the Act. (f) Use of an alternative test method General. (2) The owner or operator of an affected source required to do performance testing by a relevant standard may use an alternative test method from that specified in the standard provided that the owner or operator— (i) Notifies the Administrator of his or her intention to use an alternative test method at least 60 days before the performance test is scheduled to begin; (ii) Uses Method 301 in appendix A of this part to validate the alternative test method. This may include the use of specific procedures of Method 301 if use of such procedures are sufficient to validate the alternative test method; and (iii) Submits the results of the Method 301 validation process along with the notification of intention and the justification for not using the specified test method. The owner or operator may submit the information required in this paragraph well in advance of the deadline specified in paragraph (f)(2)(i) of this section to ensure a timely review by the Administrator in order to meet the performance test date specified in this section or the relevant standard. (3) The Administrator will determine whether the owner or operator's validation of the proposed alternative test method is adequate and issue an approval or disapproval of the alternative test method. If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified in the relevant standard, the owner or operator is authorized to conduct the performance test using an alternative test method after the Administrator approves the use of the alternative method. However, the owner or operator is authorized to conduct the performance test using an alternative method in the absence of notification of approval/disapproval 45 days after submission of the request to use an alternative method and the request satisfies the requirements in paragraph (f)(2) of this section. The owner or operator is authorized to conduct the performance test within 60 calendar days after he/she is authorized to demonstrate compliance using an alternative test method. Notwithstanding the requirements in the preceding three sentences, the owner or operator may proceed to conduct the performance test as required in this section (without the Administrator's prior approval of the site-specific test plan) if he/she subsequently chooses to use the specified testing and monitoring methods instead of an alternative. (4) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative test method for the purposes of demonstrating compliance with a relevant standard, the Administrator may require the use of a test method specified in a relevant standard. (5) If the owner or operator uses an alternative test method for an affected source during a required performance test, the owner or operator of such source shall continue to use the alternative test method for subsequent performance tests at that affected source until he or she receives approval from the Administrator to use another test method as allowed under § 63.7(f). (6) Neither the validation and approval process nor the failure to validate an alternative test method shall abrogate the owner or operator's responsibility to comply with the requirements of this part. (g) Data analysis, recordkeeping, and reporting. (2) Contents of a performance test, CMS performance evaluation, or CMS quality assurance test report (electronic or paper submitted copy). Unless otherwise specified in a relevant standard, test method, CMS performance specification, or quality assurance requirement for a CMS, or as otherwise approved by the Administrator in writing, the report shall include the elements identified in paragraphs (g)(2)(i) through (vi) of this section. (i) General identification information for the facility including a mailing address, the physical address, the owner or operator or responsible official (where applicable) and his/her email address, and the appropriate Federal Registry System (FRS) number for the facility. (ii) Purpose of the test including the applicable regulation requiring the test, the pollutant(s) and other parameters being measured, the applicable emission standard, and any process parameter component, and a brief process description. (iii) Description of the emission unit tested including fuel burned, control devices, and vent characteristics; the appropriate source classification code (SCC); the permitted maximum process rate (where applicable); and the sampling location. (iv) Description of sampling and analysis procedures used and any modifications to standard procedures, quality assurance procedures and results, record of process operating conditions that demonstrate the applicable test conditions are met, and values for any operating parameters for which limits were being set during the test. (v) Where a test method, CEMS, PEMS, or COMS performance specification, or on-going quality assurance requirement for a CEMS, PEMS, or COMS requires you record or report, the following shall be included in your report: Record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, chain-of-custody documentation, and example calculations for reported results. (vi) Identification of the company conducting the performance test including the primary office address, telephone number, and the contact for this test including his/her email address. (3) For a minimum of 5 years after a performance test is conducted, the owner or operator shall retain and make available, upon request, for inspection by the Administrator the records or results of such performance test and other data needed to determine emissions from an affected source. (h) Waiver of performance tests. (2) Individual performance tests may be waived upon written application to the Administrator if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the source is being operated under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request. (3) Request to waive a performance test. (ii) If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report [such as those required under § 63.6(i), § 63.9(h), and § 63.10(e) or specified in a relevant standard or in the source's title V permit], but it shall be submitted at least 60 days before the performance test if the site-specific test plan required under paragraph (c) of this section is not submitted. (iii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test. (4) Approval of request to waive performance test. (i) Approves or denies an extension of compliance under § 63.6(i)(8); or (ii) Approves or disapproves a site-specific test plan under § 63.7(c)(3); or (iii) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or (iv) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable. (5) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source. [59 FR 12430, Mar. 16, 1994, as amended at 65 FR 62215, Oct. 17, 2000; 67 FR 16602, Apr. 5, 2002; 72 FR 27443, May 16, 2007; 75 FR 55655, Sept. 13, 2010; 79 FR 11277, Feb. 27, 2014; 81 FR 59825, Aug. 30, 2016; 83 FR 56725, Nov. 14, 2018] § 63.8 Monitoring requirements. (a) Applicability. (2) For the purposes of this part, all CMS required under relevant standards shall be subject to the provisions of this section upon promulgation of performance specifications for CMS as specified in the relevant standard or otherwise by the Administrator. (3) [Reserved] (4) Additional monitoring requirements for control devices used to comply with provisions in relevant standards of this part are specified in § 63.11. (b) Conduct of monitoring. (i) Specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures (see § 63.90(a) for definition); or (ii) Approves the use of an intermediate or major change or alternative to any monitoring requirements or procedures (see § 63.90(a) for definition). (iii) Owners or operators with flares subject to § 63.11(b) are not subject to the requirements of this section unless otherwise specified in the relevant standard. (2)(i) When the emissions from two or more affected sources are combined before being released to the atmosphere, the owner or operator may install an applicable CMS for each emission stream or for the combined emissions streams, provided the monitoring is sufficient to demonstrate compliance with the relevant standard. (ii) If the relevant standard is a mass emission standard and the emissions from one affected source are released to the atmosphere through more than one point, the owner or operator must install an applicable CMS at each emission point unless the installation of fewer systems is— (A) Approved by the Administrator; or (B) Provided for in a relevant standard (e.g., instead of requiring that a CMS be installed at each emission point before the effluents from those points are channeled to a common control device, the standard specifies that only one CMS is required to be installed at the vent of the control device). (3) When more than one CMS is used to measure the emissions from one affected source (e.g., multiple breechings, multiple outlets), the owner or operator shall report the results as required for each CMS. However, when one CMS is used as a backup to another CMS, the owner or operator shall report the results from the CMS used to meet the monitoring requirements of this part. If both such CMS are used during a particular reporting period to meet the monitoring requirements of this part, then the owner or operator shall report the results from each CMS for the relevant compliance period. (c) Operation and maintenance of continuous monitoring systems. (ii) The owner or operator must keep the necessary parts for routine repairs of the affected CMS equipment readily available. (iii) The owner or operator of an affected source must develop a written startup, shutdown, and malfunction plan for CMS as specified in § 63.6(e)(3). (2)(i) All CMS must be installed such that representative measures of emissions or process parameters from the affected source are obtained. In addition, CEMS must be located according to procedures contained in the applicable performance specification(s). (ii) Unless the individual subpart states otherwise, the owner or operator must ensure the read out (that portion of the CMS that provides a visual display or record), or other indication of operation, from any CMS required for compliance with the emission standard is readily accessible on site for operational control or inspection by the operator of the equipment. (3) All CMS shall be installed, operational, and the data verified as specified in the relevant standard either prior to or in conjunction with conducting performance tests under § 63.7. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system. (4) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all CMS, including COMS and CEMS, shall be in continuous operation and shall meet minimum frequency of operation requirements as follows: (i) All COMS shall complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period. (ii) All CEMS for measuring emissions other than opacity shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (5) Unless otherwise approved by the Administrator, minimum procedures for COMS shall include a method for producing a simulated zero opacity condition and an upscale (high-level) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of all the analyzer's internal optical surfaces and all electronic circuitry, including the lamp and photodetector assembly normally used in the measurement of opacity. (6) The owner or operator of a CMS that is not a CPMS, which is installed in accordance with the provisions of this part and the applicable CMS performance specification(s), must check the zero (low-level) and high-level calibration drifts at least once daily in accordance with the written procedure specified in the performance evaluation plan developed under paragraphs (e)(3)(i) and (ii) of this section. The zero (low-level) and high-level calibration drifts must be adjusted, at a minimum, whenever the 24-hour zero (low-level) drift exceeds two times the limits of the applicable performance specification(s) specified in the relevant standard. The system shall allow the amount of excess zero (low-level) and high-level drift measured at the 24-hour interval checks to be recorded and quantified whenever specified. For COMS, all optical and instrumental surfaces exposed to the effluent gases must be cleaned prior to performing the zero (low-level) and high-level drift adjustments; the optical surfaces and instrumental surfaces must be cleaned when the cumulative automatic zero compensation, if applicable, exceeds 4 percent opacity. The CPMS must be calibrated prior to use for the purposes of complying with this section. The CPMS must be checked daily for indication that the system is responding. If the CPMS system includes an internal system check, results must be recorded and checked daily for proper operation. (7)(i) A CMS is out of control if— (A) The zero (low-level), mid-level (if applicable), or high-level calibration drift (CD) exceeds two times the applicable CD specification in the applicable performance specification or in the relevant standard; or (B) The CMS fails a performance test audit (e.g., cylinder gas audit), relative accuracy audit, relative accuracy test audit, or linearity test audit; or (C) The COMS CD exceeds two times the limit in the applicable performance specification in the relevant standard. (ii) When the CMS is out of control, the owner or operator of the affected source shall take the necessary corrective action and shall repeat all necessary tests which indicate that the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour the owner or operator conducts a performance check (e.g., calibration drift) that indicates an exceedance of the performance requirements established under this part. The end of the out-of-control period is the hour following the completion of corrective action and successful demonstration that the system is within the allowable limits. During the period the CMS is out of control, recorded data shall not be used in data averages and calculations, or to meet any data availability requirement established under this part. (8) The owner or operator of a CMS that is out of control as defined in paragraph (c)(7) of this section shall submit all information concerning out-of-control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in § 63.10(e)(3). (d) Quality control program. (2) The owner or operator of an affected source that is required to use a CMS and is subject to the monitoring requirements of this section and a relevant standard shall develop and implement a CMS quality control program. As part of the quality control program, the owner or operator shall develop and submit to the Administrator for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in paragraph (e)(3)(i) of this section, according to the procedures specified in paragraph (e). In addition, each quality control program shall include, at a minimum, a written protocol that describes procedures for each of the following operations: (i) Initial and any subsequent calibration of the CMS; (ii) Determination and adjustment of the calibration drift of the CMS; (iii) Preventive maintenance of the CMS, including spare parts inventory; (iv) Data recording, calculations, and reporting; (v) Accuracy audit procedures, including sampling and analysis methods; and (vi) Program of corrective action for a malfunctioning CMS. (3) The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the performance evaluation plan on record to be made available for inspection, upon request, by the Administrator, for a period of 5 years after each revision to the plan. Where relevant, e.g., program of corrective action for a malfunctioning CMS, these written procedures may be incorporated as part of the affected source's startup, shutdown, and malfunction plan to avoid duplication of planning and recordkeeping efforts. (e) Performance evaluation of continuous monitoring systems General. (2) Notification of performance evaluation. (3)(i) Submission of site-specific performance evaluation test plan. (ii) The internal QA program shall include, at a minimum, the activities planned by routine operators and analysts to provide an assessment of CMS performance. The external QA program shall include, at a minimum, systems audits that include the opportunity for on-site evaluation by the Administrator of instrument calibration, data validation, sample logging, and documentation of quality control data and field maintenance activities. (iii) The owner or operator of an affected source shall submit the site-specific performance evaluation test plan to the Administrator (if requested) at least 60 days before the performance test or performance evaluation is scheduled to begin, or on a mutually agreed upon date, and review and approval of the performance evaluation test plan by the Administrator will occur with the review and approval of the site-specific test plan (if review of the site-specific test plan is requested). (iv) The Administrator may request additional relevant information after the submittal of a site-specific performance evaluation test plan. (v) In the event that the Administrator fails to approve or disapprove the site-specific performance evaluation test plan within the time period specified in § 63.7(c)(3), the following conditions shall apply: (A) If the owner or operator intends to demonstrate compliance using the monitoring method(s) specified in the relevant standard, the owner or operator shall conduct the performance evaluation within the time specified in this subpart using the specified method(s); (B) If the owner or operator intends to demonstrate compliance by using an alternative to a monitoring method specified in the relevant standard, the owner or operator shall refrain from conducting the performance evaluation until the Administrator approves the use of the alternative method. If the Administrator does not approve the use of the alternative method within 30 days before the performance evaluation is scheduled to begin, the performance evaluation deadlines specified in paragraph (e)(4) of this section may be extended such that the owner or operator shall conduct the performance evaluation within 60 calendar days after the Administrator approves the use of the alternative method. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance evaluation as required in this section (without the Administrator's prior approval of the site-specific performance evaluation test plan) if he/she subsequently chooses to use the specified monitoring method(s) instead of an alternative. (vi) Neither the submission of a site-specific performance evaluation test plan for approval, nor the Administrator's approval or disapproval of a plan, nor the Administrator's failure to approve or disapprove a plan in a timely manner shall— (A) Relieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or with any other applicable Federal, State, or local requirement; or (B) Prevent the Administrator from implementing or enforcing this part or taking any other action under the Act. (4) Conduct of performance evaluation and performance evaluation dates. (5) Reporting performance evaluation results. (ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under § 63.7 and described in § 63.6(d)(6) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation under this paragraph. The copies shall be provided at least 15 calendar days before the performance test required under § 63.7 is conducted. (f) Use of an alternative monitoring method General. (2) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this part including, but not limited to, the following: (i) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases; (ii) Alternative monitoring requirements when the affected source is infrequently operated; (iii) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions; (iv) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements; (v) Alternate methods for converting pollutant concentration measurements to units of the relevant standard; (vi) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells; (vii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard; (viii) Alternative CMS that do not meet the design or performance requirements in this part, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator may require that such demonstration be performed for each affected source; or (ix) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point. (3) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in this section or in the relevant standard. If the results of the specified and alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail. (4)(i) Request to use alternative monitoring procedure. (ii) The application must contain a description of the proposed alternative monitoring system which addresses the four elements contained in the definition of monitoring in § 63.2 and a performance evaluation test plan, if required, as specified in paragraph (e)(3) of this section. In addition, the application must include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method. (iii) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (f)(4)(i) above to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this section or the relevant standard. (iv) Application for minor changes to monitoring procedures, as specified in paragraph (b)(1) of this section, may be made in the site-specific performance evaluation plan. (5) Approval of request to use alternative monitoring procedure. (A) Notice of the information and findings on which the intended disapproval is based; and (B) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information. (ii) The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements of paragraph (f)(5)(i) of this section. (iii) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (f)(5)(i) of this section, the owner or operator of such source shall continue to use the alternative monitoring method until he or she receives approval from the Administrator to use another monitoring method as allowed by § 63.8(f). (6) Alternative to the relative accuracy test. (i) Criteria for approval of alternative procedures. (ii) Petition to use alternative to relative accuracy test. (iii) Rescission of approval to use alternative to relative accuracy test. (g) Reduction of monitoring data. (2) The owner or operator of each COMS shall reduce all data to 6-minute averages calculated from 36 or more data points equally spaced over each 6-minute period. Data from CEMS for measurement other than opacity, unless otherwise specified in the relevant standard, shall be reduced to 1-hour averages computed from four or more data points equally spaced over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being performed. During these periods, a valid hourly average shall consist of at least two data points with each representing a 15-minute period. Alternatively, an arithmetic or integrated 1-hour average of CEMS data may be used. Time periods for averaging are defined in § 63.2. (3) The data may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O 2 (4) All emission data shall be converted into units of the relevant standard for reporting purposes using the conversion procedures specified in that standard. After conversion into units of the relevant standard, the data may be rounded to the same number of significant digits as used in that standard to specify the emission limit (e.g., rounded to the nearest 1 percent opacity). (5) Monitoring data recorded during periods of unavoidable CMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level adjustments must not be included in any data average computed under this part. For the owner or operator complying with the requirements of § 63.10(b)(2)(vii)(A) or (B), data averages must include any data recorded during periods of monitor breakdown or malfunction. [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16603, Apr. 5, 2002; 71 FR 20455, Apr. 20, 2006; 79 FR 11277, Feb. 27, 2014; 83 FR 56725, Nov. 14, 2018] § 63.9 Notification requirements. (a) Applicability and general information. (2) For affected sources that have been granted an extension of compliance under subpart D of this part, the requirements of this section do not apply to those sources while they are operating under such compliance extensions. (3) If any State requires a notice that contains all the information required in a notification listed in this section, the owner or operator may send the Administrator a copy of the notice sent to the State to satisfy the requirements of this section for that notification. (4)(i) Before a State has been delegated the authority to implement and enforce notification requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit notifications to the appropriate Regional Office of the EPA (to the attention of the Director of the Division indicated in the list of the EPA Regional Offices in § 63.13). (ii) After a State has been delegated the authority to implement and enforce notification requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit notifications to the delegated State authority (which may be the same as the permitting authority). In addition, if the delegated (permitting) authority is the State, the owner or operator shall send a copy of each notification submitted to the State to the appropriate Regional Office of the EPA, as specified in paragraph (a)(4)(i) of this section. The Regional Office may waive this requirement for any notifications at its discretion. (b) Initial notifications. (ii) If an area source subsequently becomes a major source that is subject to the emission standard or other requirement, such source shall be subject to the notification requirements of this section. Area sources previously subject to major source requirements that become major sources again are also subject to the notification requirements of this paragraph and must submit the notification according to the requirements of paragraph (k) of this section. (iii) Affected sources that are required under this paragraph to submit an initial notification may use the application for approval of construction or reconstruction under § 63.5(d) of this subpart, if relevant, to fulfill the initial notification requirements of this paragraph. (2) The owner or operator of an affected source that has an initial startup before the effective date of a relevant standard under this part shall notify the Administrator in writing that the source is subject to the relevant standard. The notification, which shall be submitted not later than 120 calendar days after the effective date of the relevant standard (or within 120 calendar days after the source becomes subject to the relevant standard), shall provide the following information: (i) The name and address of the owner or operator; (ii) The address (i.e., physical location) of the affected source; (iii) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date; (iv) A brief description of the nature, size, design, and method of operation of the source and an identification of the types of emission points within the affected source subject to the relevant standard and types of hazardous air pollutants emitted; and (v) A statement of whether the affected source is a major source or an area source. (3) [Reserved] (4) The owner or operator of a new or reconstructed major affected source for which an application for approval of construction or reconstruction is required under § 63.5(d) must provide the following information in writing to the Administrator: (i) A notification of intention to construct a new major-emitting affected source, reconstruct a major-emitting affected source, or reconstruct a major source such that the source becomes a major-emitting affected source with the application for approval of construction or reconstruction as specified in § 63.5(d)(1)(i); and (ii)-(iv) [Reserved] (v) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date. (5) The owner or operator of a new or reconstructed affected source for which an application for approval of construction or reconstruction is not required under § 63.5(d) must provide the following information in writing to the Administrator: (i) A notification of intention to construct a new affected source, reconstruct an affected source, or reconstruct a source such that the source becomes an affected source, and (ii) A notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date. (iii) Unless the owner or operator has requested and received prior permission from the Administrator to submit less than the information in § 63.5(d), the notification must include the information required on the application for approval of construction or reconstruction as specified in § 63.5(d)(1)(i). (c) Request for extension of compliance. (d) Notification that source is subject to special compliance requirements. (e) Notification of performance test. (f) Notification of opacity and visible emission observations. (g) Additional notification requirements for sources with continuous monitoring systems. (1) A notification of the date the CMS performance evaluation under § 63.8(e) is scheduled to begin, submitted simultaneously with the notification of the performance test date required under § 63.7(b). If no performance test is required, or if the requirement to conduct a performance test has been waived for an affected source under § 63.7(h), the owner or operator shall notify the Administrator in writing of the date of the performance evaluation at least 60 calendar days before the evaluation is scheduled to begin; (2) A notification that COMS data results will be used to determine compliance with the applicable opacity emission standard during a performance test required by § 63.7 in lieu of Method 9 or other opacity emissions test method data, as allowed by § 63.6(h)(7)(ii), if compliance with an opacity emission standard is required for the source by a relevant standard. The notification shall be submitted at least 60 calendar days before the performance test is scheduled to begin; and (3) A notification that the criterion necessary to continue use of an alternative to relative accuracy testing, as provided by § 63.8(f)(6), has been exceeded. The notification shall be delivered or postmarked not later than 10 days after the occurrence of such exceedance, and it shall include a description of the nature and cause of the increased emissions. (h) Notification of compliance status. (2)(i) Before a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this part, the owner or operator of such source shall submit to the Administrator a notification of compliance status, signed by the responsible official who shall certify its accuracy, attesting to whether the source has complied with the relevant standard. The notification shall list— (A) The methods that were used to determine compliance; (B) The results of any performance tests, opacity or visible emission observations, continuous monitoring system (CMS) performance evaluations, and/or other monitoring procedures or methods that were conducted; (C) The methods that will be used for determining continuing compliance, including a description of monitoring and reporting requirements and test methods; (D) The type and quantity of hazardous air pollutants emitted by the source (or surrogate pollutants if specified in the relevant standard), reported in units and averaging times and in accordance with the test methods specified in the relevant standard; (E) If the relevant standard applies to both major and area sources, an analysis demonstrating whether the affected source is a major source (using the emissions data generated for this notification); (F) A description of the air pollution control equipment (or method) for each emission point, including each control device (or method) for each hazardous air pollutant and the control efficiency (percent) for each control device (or method); and (G) A statement by the owner or operator of the affected existing, new, or reconstructed source as to whether the source has complied with the relevant standard or other requirements. (ii) The notification must be sent before the close of business on the 60th day following the completion of the relevant compliance demonstration activity specified in the relevant standard (unless a different reporting period is specified in the standard, in which case the letter must be sent before the close of business on the day the report of the relevant testing or monitoring results is required to be delivered or postmarked). For example, the notification shall be sent before close of business on the 60th (or other required) day following completion of the initial performance test and again before the close of business on the 60th (or other required) day following the completion of any subsequent required performance test. If no performance test is required but opacity or visible emission observations are required to demonstrate compliance with an opacity or visible emission standard under this part, the notification of compliance status shall be sent before close of business on the 30th day following the completion of opacity or visible emission observations. Notifications may be combined as long as the due date requirement for each notification is met. (3) After a title V permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source's title V permit, including reports required under this part. After a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this part, the owner or operator of such source shall submit the notification of compliance status to the appropriate permitting authority following completion of the relevant compliance demonstration activity specified in the relevant standard. (4) [Reserved] (5) If an owner or operator of an affected source submits estimates or preliminary information in the application for approval of construction or reconstruction required in § 63.5(d) in place of the actual emissions data or control efficiencies required in paragraphs (d)(1)(ii)(H) and (d)(2) of § 63.5, the owner or operator shall submit the actual emissions data and other correct information as soon as available but no later than with the initial notification of compliance status required in this section. (6) Advice on a notification of compliance status may be obtained from the Administrator. (i) Adjustment to time periods or postmark deadlines for submittal and review of required communications. (ii) An owner or operator shall request the adjustment provided for in paragraphs (i)(2) and (i)(3) of this section each time he or she wishes to change an applicable time period or postmark deadline specified in this part. (2) Notwithstanding time periods or postmark deadlines specified in this part for the submittal of information to the Administrator by an owner or operator, or the review of such information by the Administrator, such time periods or deadlines may be changed by mutual agreement between the owner or operator and the Administrator. An owner or operator who wishes to request a change in a time period or postmark deadline for a particular requirement shall request the adjustment in writing as soon as practicable before the subject activity is required to take place. The owner or operator shall include in the request whatever information he or she considers useful to convince the Administrator that an adjustment is warranted. (3) If, in the Administrator's judgment, an owner or operator's request for an adjustment to a particular time period or postmark deadline is warranted, the Administrator will approve the adjustment. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an adjustment within 15 calendar days of receiving sufficient information to evaluate the request. (4) If the Administrator is unable to meet a specified deadline, he or she will notify the owner or operator of any significant delay and inform the owner or operator of the amended schedule. (j) Change in information already provided. e.g., (1) The name and address of the owner or operator; (2) The address ( i.e., (3) An identification of the standard being reclassified from and to (if applicable); and (4) Date of effectiveness of the reclassification. (k) Electronic submission of notifications or reports. https://cdx.epa.gov/ (1) If you are required to electronically submit a notification or report by this paragraph (k) through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the electronic submittal requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (k)(1)(i) through (vii) of this section. (i) You must have been or will be precluded from accessing CEDRI and submitting a required notification or report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (ii) The outage must have occurred within the period of time beginning 5 business days prior to the date that the notification or report is due. (iii) The outage may be planned or unplanned. (iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (v) You must provide to the Administrator a written description identifying: (A) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (B) A rationale for attributing the delay in submitting beyond the regulatory deadline to EPA system outage; (C) Measures taken or to be taken to minimize the delay in submitting; and (D) The date by which you propose to submit, or if you have already met the electronic submittal requirement in this paragraph (k) at the time of the notification, the date you submitted the notification or report. (vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (vii) In any circumstance, the notification or report must be submitted electronically as soon as possible after the outage is resolved. (2) If you are required to electronically submit a notification or report by this paragraph (k) through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the electronic submittal requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(2)(i) through (v) of this section. (i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a notification or report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (ii) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in submitting through CEDRI. (iii) You must provide to the Administrator: (A) A written description of the force majeure event; (B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (C) Measures taken or to be taken to minimize the delay in reporting; and (D) The date by which you propose to submit the notification or report, or if you have already met the electronic submittal requirement in this paragraph (k) at the time of the notification, the date you submitted the notification or report. (iv) The decision to accept the claim of force majeure and allow an extension to the submittal deadline is solely within the discretion of the Administrator. (v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 85 FR 73885, Nov. 19, 2020; 89 FR 73307, Sept. 10, 2024; 91 FR 60, Jan. 2, 2026] § 63.10 Recordkeeping and reporting requirements. (a) Applicability and general information. (2) For affected sources that have been granted an extension of compliance under subpart D of this part, the requirements of this section do not apply to those sources while they are operating under such compliance extensions. (3) If any State requires a report that contains all the information required in a report listed in this section, an owner or operator may send the Administrator a copy of the report sent to the State to satisfy the requirements of this section for that report. (4)(i) Before a State has been delegated the authority to implement and enforce recordkeeping and reporting requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit reports to the appropriate Regional Office of the EPA (to the attention of the Director of the Division indicated in the list of the EPA Regional Offices in § 63.13). (ii) After a State has been delegated the authority to implement and enforce recordkeeping and reporting requirements established under this part, the owner or operator of an affected source in such State subject to such requirements shall submit reports to the delegated State authority (which may be the same as the permitting authority). In addition, if the delegated (permitting) authority is the State, the owner or operator shall send a copy of each report submitted to the State to the appropriate Regional Office of the EPA, as specified in paragraph (a)(4)(i) of this section. The Regional Office may waive this requirement for any reports at its discretion. (5) If an owner or operator of an affected source in a State with delegated authority is required to submit periodic reports under this part to the State, and if the State has an established timeline for the submission of periodic reports that is consistent with the reporting frequency(ies) specified for such source under this part, the owner or operator may change the dates by which periodic reports under this part shall be submitted (without changing the frequency of reporting) to be consistent with the State's schedule by mutual agreement between the owner or operator and the State. For each relevant standard established pursuant to section 112 of the Act, the allowance in the previous sentence applies in each State beginning 1 year after the affected source's compliance date for that standard. Procedures governing the implementation of this provision are specified in § 63.9(i). (6) If an owner or operator supervises one or more stationary sources affected by more than one standard established pursuant to section 112 of the Act, he/she may arrange by mutual agreement between the owner or operator and the Administrator (or the State permitting authority) a common schedule on which periodic reports required for each source shall be submitted throughout the year. The allowance in the previous sentence applies in each State beginning 1 year after the latest compliance date for any relevant standard established pursuant to section 112 of the Act for any such affected source(s). Procedures governing the implementation of this provision are specified in § 63.9(i). (7) If an owner or operator supervises one or more stationary sources affected by standards established pursuant to section 112 of the Act (as amended November 15, 1990) and standards set under part 60, part 61, or both such parts of this chapter, he/she may arrange by mutual agreement between the owner or operator and the Administrator (or the State permitting authority) a common schedule on which periodic reports required by each relevant (i.e., applicable) standard shall be submitted throughout the year. The allowance in the previous sentence applies in each State beginning 1 year after the stationary source is required to be in compliance with the relevant section 112 standard, or 1 year after the stationary source is required to be in compliance with the applicable part 60 or part 61 standard, whichever is latest. Procedures governing the implementation of this provision are specified in § 63.9(i). (b) General recordkeeping requirements. (2) The owner or operator of an affected source subject to the provisions of this part shall maintain relevant records for such source of— (i) The occurrence and duration of each startup or shutdown when the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards; (ii) The occurrence and duration of each malfunction of operation (i.e., process equipment) or the required air pollution control and monitoring equipment; (iii) All required maintenance performed on the air pollution control and monitoring equipment; (iv)(A) Actions taken during periods of startup or shutdown when the source exceeded applicable emission limitations in a relevant standard and when the actions taken are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)); or (B) Actions taken during periods of malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) when the actions taken are different from the procedures specified in the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)); (v) All information necessary, including actions taken, to demonstrate conformance with the affected source's startup, shutdown, and malfunction plan (see § 63.6(e)(3)) when all actions taken during periods of startup or shutdown (and the startup or shutdown causes the source to exceed any applicable emission limitation in the relevant emission standards), and malfunction (including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation) are consistent with the procedures specified in such plan. (The information needed to demonstrate conformance with the startup, shutdown, and malfunction plan may be recorded using a “checklist,” or some other effective form of recordkeeping, in order to minimize the recordkeeping burden for conforming events); (vi) Each period during which a CMS is malfunctioning or inoperative (including out-of-control periods); (vii) All required measurements needed to demonstrate compliance with a relevant standard (including, but not limited to, 15-minute averages of CMS data, raw performance testing measurements, and raw performance evaluation measurements, that support data that the source is required to report); (A) This paragraph applies to owners or operators required to install a continuous emissions monitoring system (CEMS) where the CEMS installed is automated, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. An automated CEMS records and reduces the measured data to the form of the pollutant emission standard through the use of a computerized data acquisition system. In lieu of maintaining a file of all CEMS subhourly measurements as required under paragraph (b)(2)(vii) of this section, the owner or operator shall retain the most recent consecutive three averaging periods of subhourly measurements and a file that contains a hard copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard. (B) This paragraph applies to owners or operators required to install a CEMS where the measured data is manually reduced to obtain the reportable form of the standard, and where the calculated data averages do not exclude periods of CEMS breakdown or malfunction. In lieu of maintaining a file of all CEMS subhourly measurements as required under paragraph (b)(2)(vii) of this section, the owner or operator shall retain all subhourly measurements for the most recent reporting period. The subhourly measurements shall be retained for 120 days from the date of the most recent summary or excess emission report submitted to the Administrator. (C) The Administrator or delegated authority, upon notification to the source, may require the owner or operator to maintain all measurements as required by paragraph (b)(2)(vii), if the administrator or the delegated authority determines these records are required to more accurately assess the compliance status of the affected source. (viii) All results of performance tests, CMS performance evaluations, and opacity and visible emission observations; (ix) All measurements as may be necessary to determine the conditions of performance tests and performance evaluations; (x) All CMS calibration checks; (xi) All adjustments and maintenance performed on CMS; (xii) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements under this part, if the source has been granted a waiver under paragraph (f) of this section; (xiii) All emission levels relative to the criterion for obtaining permission to use an alternative to the relative accuracy test, if the source has been granted such permission under § 63.8(f)(6); and (xiv) All documentation supporting initial notifications and notifications of compliance status under § 63.9. (3) If an owner or operator determines that his or her existing or new stationary source is in the source category regulated by a standard established pursuant to section 112 of the Act, but that source is not subject to the relevant standard (or other requirement established under this part) because of enforceable limitations on the source's potential to emit, or the source otherwise qualifies for an exclusion, the owner or operator must keep a record of the applicability determination. The applicability determination must be kept on site at the source for a period of 5 years after the determination, or until the source changes its operations to become an affected source subject to the relevant standard (or other requirement established under this part), whichever comes first if the determination is made prior to January 19, 2021. The applicability determination must be kept until the source changes its operations to become an affected source subject to the relevant standard (or other requirement established under this part) if the determination was made on or after January 19, 2021. The record of the applicability determination must be signed by the person making the determination and include an emissions analysis (or other information) that demonstrates the owner or operator's conclusion that the source is unaffected ( e.g., (c) Additional recordkeeping requirements for sources with continuous monitoring systems. (1) All required CMS measurements (including monitoring data recorded during unavoidable CMS breakdowns and out-of-control periods); (2)-(4) [Reserved] (5) The date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks; (6) The date and time identifying each period during which the CMS was out of control, as defined in § 63.8(c)(7); (7) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during startups, shutdowns, and malfunctions of the affected source; (8) The specific identification (i.e., the date and time of commencement and completion) of each time period of excess emissions and parameter monitoring exceedances, as defined in the relevant standard(s), that occurs during periods other than startups, shutdowns, and malfunctions of the affected source; (9) [Reserved] (10) The nature and cause of any malfunction (if known); (11) The corrective action taken or preventive measures adopted; (12) The nature of the repairs or adjustments to the CMS that was inoperative or out of control; (13) The total process operating time during the reporting period; and (14) All procedures that are part of a quality control program developed and implemented for CMS under § 63.8(d). (15) In order to satisfy the requirements of paragraphs (c)(10) through (c)(12) of this section and to avoid duplicative recordkeeping efforts, the owner or operator may use the affected source's startup, shutdown, and malfunction plan or records kept to satisfy the recordkeeping requirements of the startup, shutdown, and malfunction plan specified in § 63.6(e), provided that such plan and records adequately address the requirements of paragraphs (c)(10) through (c)(12). (d) General reporting requirements. (2) Reporting results of performance tests. (3) Reporting results of opacity or visible emission observations. (4) Progress reports. (5)(i) Periodic startup, shutdown, and malfunction reports. (ii) Immediate startup, shutdown, and malfunction reports. (e) Additional reporting requirements for sources with continuous monitoring systems General. (2) Reporting results of continuous monitoring system performance evaluations. (ii) The owner or operator of an affected source using a COMS to determine opacity compliance during any performance test required under § 63.7 and described in § 63.6(d)(6) shall furnish the Administrator two or, upon request, three copies of a written report of the results of the COMS performance evaluation conducted under § 63.8(e). The copies shall be furnished at least 15 calendar days before the performance test required under § 63.7 is conducted. (3) Excess emissions and continuous monitoring system performance report and summary report. (A) More frequent reporting is specifically required by a relevant standard; (B) The Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source; or (C) [Reserved] (D) The affected source is complying with the Performance Track Provisions of § 63.16, which allows less frequent reporting. (ii) Request to reduce frequency of excess emissions and continuous monitoring system performance reports. (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods) the affected source's excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance with the relevant standard; (B) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this subpart and the relevant standard; and (C) The Administrator does not object to a reduced frequency of reporting for the affected source, as provided in paragraph (e)(3)(iii) of this section. (iii) The frequency of reporting of excess emissions and continuous monitoring system performance (and summary) reports required to comply with a relevant standard may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator's conformance with operation and maintenance requirements. Such information may be used by the Administrator to make a judgment about the source's potential for noncompliance in the future. If the Administrator disapproves the owner or operator's request to reduce the frequency of reporting, the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the Administrator to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted. (iv) As soon as CMS data indicate that the source is not in compliance with any emission limitation or operating parameter specified in the relevant standard, the frequency of reporting shall revert to the frequency specified in the relevant standard, and the owner or operator shall submit an excess emissions and continuous monitoring system performance (and summary) report for the noncomplying emission points at the next appropriate reporting period following the noncomplying event. After demonstrating ongoing compliance with the relevant standard for another full year, the owner or operator may again request approval from the Administrator to reduce the frequency of reporting for that standard, as provided for in paragraphs (e)(3)(ii) and (e)(3)(iii) of this section. (v) Content and submittal dates for excess emissions and monitoring system performance reports. (vi) Summary report. (A) The company name and address of the affected source; (B) An identification of each hazardous air pollutant monitored at the affected source; (C) The beginning and ending dates of the reporting period; (D) A brief description of the process units; (E) The emission and operating parameter limitations specified in the relevant standard(s); (F) The monitoring equipment manufacturer(s) and model number(s); (G) The date of the latest CMS certification or audit; (H) The total operating time of the affected source during the reporting period; (I) An emission data summary (or similar summary if the owner or operator monitors control system parameters), including the total duration of excess emissions during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to startup/shutdown, control equipment problems, process problems, other known causes, and other unknown causes; (J) A CMS performance summary (or similar summary if the owner or operator monitors control system parameters), including the total CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes; (K) A description of any changes in CMS, processes, or controls since the last reporting period; (L) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and (M) The date of the report. (vii) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is less than 1 percent of the total operating time for the reporting period, and CMS downtime for the reporting period is less than 5 percent of the total operating time for the reporting period, only the summary report shall be submitted, and the full excess emissions and continuous monitoring system performance report need not be submitted unless required by the Administrator. (viii) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is 1 percent or greater of the total operating time for the reporting period, or the total CMS downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, both the summary report and the excess emissions and continuous monitoring system performance report shall be submitted. (4) Reporting continuous opacity monitoring system data produced during a performance test. (f) Waiver of recordkeeping or reporting requirements. (2) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, in the Administrator's judgment, the affected source is achieving the relevant standard(s), or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request. (3) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under § 63.6(i), any required compliance progress report or compliance status report required under this part (such as under §§ 63.6(i) and 63.9(h)) or in the source's title V permit, or an excess emissions and continuous monitoring system performance report required under paragraph (e) of this section, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted. (4) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when he/she— (i) Approves or denies an extension of compliance; or (ii) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or (iii) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable. (5) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Administrator. (6) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source. [59 FR 12430, Mar. 16, 1994, as amended at 64 FR 7468, Feb. 12, 1999; 67 FR 16604, Apr. 5, 2002; 68 FR 32601, May 30, 2003; 69 FR 21752, Apr. 22, 2004; 71 FR 20455, Apr. 20, 2006; 85 FR 73886, Nov. 19, 2020] § 63.11 Control device and work practice requirements. (a) Applicability. (2) This section contains requirements for control devices used to comply with applicable subparts of this part. The requirements are placed here for administrative convenience and apply only to facilities covered by subparts referring to this section. (3) This section also contains requirements for an alternative work practice used to identify leaking equipment. This alternative work practice is placed here for administrative convenience and is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor. (b) Flares. (2) Flares shall be steam-assisted, air-assisted, or non-assisted. (3) Flares shall be operated at all times when emissions may be vented to them. (4) Flares shall be designed for and operated with no visible emissions, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. Test Method 22 in appendix A of part 60 of this chapter shall be used to determine the compliance of flares with the visible emission provisions of this part. The observation period is 2 hours and shall be used according to Method 22. (5) Flares shall be operated with a flame present at all times. The presence of a flare pilot flame shall be monitored using a thermocouple or any other equivalent device to detect the presence of a flame. (6) An owner/operator has the choice of adhering to the heat content specifications in paragraph (b)(6)(ii) of this section, and the maximum tip velocity specifications in paragraph (b)(7) or (b)(8) of this section, or adhering to the requirements in paragraph (b)(6)(i) of this section. (i)(A) Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0 percent (by volume) or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity V max V max H2 1 2 Where: V max K 1 K 2 X H2 (B) The actual exit velocity of a flare shall be determined by the method specified in paragraph (b)(7)(i) of this section. (ii) Flares shall be used only with the net heating value of the gas being combusted at 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or with the net heating value of the gas being combusted at 7.45 M/scm (200 Btu/scf) or greater if the flares is non-assisted. The net heating value of the gas being combusted in a flare shall be calculated using the following equation: Where: H T K = Constant = where the standard temperature for (g-mole/scm) is 20 °C. C i H i n = Number of sample components. (7)(i) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity less than 18.3 m/sec (60 ft/sec), except as provided in paragraphs (b)(7)(ii) and (b)(7)(iii) of this section. The actual exit velocity of a flare shall be determined by dividing by the volumetric flow rate of gas being combusted (in units of emission standard temperature and pressure), as determined by Test Method 2, 2A, 2C, or 2D in appendix A to 40 CFR part 60 of this chapter, as appropriate, by the unobstructed (free) cross-sectional area of the flare tip. (ii) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (b)(7)(i) of this section, equal to or greater than 18.3 m/sec (60 ft/sec) but less than 122 m/sec (400 ft/sec), are allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf). (iii) Steam-assisted and nonassisted flares designed for and operated with an exit velocity, as determined by the method specified in paragraph (b)(7)(i) of this section, less than the velocity V max max Log 10 max T Where: V max 28.8 = Constant. 31.7 = Constant. H T (8) Air-assisted flares shall be designed and operated with an exit velocity less than the velocity V max max V max T Where: V max 8.71 = Constant. 0.708 = Constant. H T (c) Alternative work practice for monitoring equipment for leaks. (1) Applicable subpart (2) Equipment (3) Imaging (4) Optical gas imaging instrument (5) Repair (6) Leak (i) Any emissions imaged by the optical gas instrument; (ii) Indications of liquids dripping; (iii) Indications by a sensor that a seal or barrier fluid system has failed; or (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 21 monitor that exceed the leak definition in the applicable subpart to which the equipment is subject. (d) The alternative work practice standard for monitoring equipment for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor. (1) An owner or operator of an affected source subject to 40 CFR parts 60, 61, 63, or 65 can choose to comply with the alternative work practice requirements in paragraph (e) of this section instead of using the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking equipment. The owner or operator must document the equipment, process units, and facilities for which the alternative work practice will be used to identify leaks. (2) Any leak detected when following the leak survey procedure in paragraph (e)(3) of this section must be identified for repair as required in the applicable subpart. (3) If the alternative work practice is used to identify leaks, re-screening after an attempted repair of leaking equipment must be conducted using either the alternative work practice or the 40 CFR part 60, Appendix A-7, Method 21 monitor at the leak definition required in the applicable subparts to which the equipment is subject. (4) The schedule for repair is as required in the applicable subpart. (5) When this alternative work practice is used for detecting leaking equipment, choose one of the monitoring frequencies listed in Table 1 to subpart A of this part in lieu of the monitoring frequency specified for regulated equipment in the applicable subpart. Reduced monitoring frequencies for good performance are not applicable when using the alternative work practice. (6) When this alternative work practice is used for detecting leaking equipment, the following are not applicable for the equipment being monitored: (i) Skip period leak detection and repair; (ii) Quality improvement plans; or (iii) Complying with standards for allowable percentage of valves and pumps to leak. (7) When the alternative work practice is used to detect leaking equipment, the regulated equipment in paragraph (d)(1)(i) of this section must also be monitored annually using a 40 CFR part 60, Appendix A-7, Method 21 monitor at the leak definition required in the applicable subpart. The owner or operator may choose the specific monitoring period (for example, first quarter) to conduct the annual monitoring. Subsequent monitoring must be conducted every 12 months from the initial period. Owners or operators must keep records of the annual Method 21 screening results, as specified in paragraph (i)(4)(vii) of this section. (e) An owner or operator of an affected source who chooses to use the alternative work practice must comply with the requirements of paragraphs (e)(1) through (e)(5) of this section. (1) Instrument specifications. (i) Provide the operator with an image of the potential leak points for each piece of equipment at both the detection sensitivity level and within the distance used in the daily instrument check described in paragraph (e)(2) of this section. The detection sensitivity level depends upon the frequency at which leak monitoring is to be performed. (ii) Provide a date and time stamp for video records of every monitoring event. (2) Daily instrument check. (i) Calculate the mass flow rate to be used in the daily instrument check by following the procedures in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section. (A) For a specified population of equipment to be imaged by the instrument, determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, within the distance to be used in paragraph (e)(2)(iv)(B) of this section, at or below the standard detection sensitivity level. (B) Multiply the standard detection sensitivity level, corresponding to the selected monitoring frequency in Table 1 of subpart A of this part, by the mass fraction of detectable chemicals from the stream identified in paragraph (e)(2)(i)(A) of this section to determine the mass flow rate to be used in the daily instrument check, using the following equation. Where: E dic x i sds E sds k = Total number of detectable chemicals emitted from the leaking equipment and seen by the optical gas imaging instrument. (ii) Start the optical gas imaging instrument according to the manufacturer's instructions, ensuring that all appropriate settings conform to the manufacturer's instructions. (iii) Use any gas chosen by the user that can be viewed by the optical gas imaging instrument and that has a purity of no less than 98 percent. (iv) Establish a mass flow rate by using the following procedures: (A) Provide a source of gas where it will be in the field of view of the optical gas imaging instrument. (B) Set up the optical gas imaging instrument at a recorded distance from the outlet or leak orifice of the flow meter that will not be exceeded in the actual performance of the leak survey. Do not exceed the operating parameters of the flow meter. (C) Open the valve on the flow meter to set a flow rate that will create a mass emission rate equal to the mass rate calculated in paragraph (e)(2)(i) of this section while observing the gas flow through the optical gas imaging instrument viewfinder. When an image of the gas emission is seen through the viewfinder at the required emission rate, make a record of the reading on the flow meter. (v) Repeat the procedures specified in paragraphs (e)(2)(ii) through (e)(2)(iv) of this section for each configuration of the optical gas imaging instrument used during the leak survey. (vi) To use an alternative method to demonstrate daily instrument checks, apply to the Administrator for approval of the alternative under § 63.177 or § 63.178, whichever is applicable. (3) Leak survey procedure. (4) Recordkeeping. (i) The equipment, processes, and facilities for which the owner or operator chooses to use the alternative work practice. (ii) The detection sensitivity level selected from Table 1 to subpart A of this part for the optical gas imaging instrument. (iii) The analysis to determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, as specified in paragraph (e)(2)(i)(A) of this section. (iv) The technical basis for the mass fraction of detectable chemicals used in the equation in paragraph (e)(2)(i)(B) of this section. (v) The daily instrument check. Record the distance, per paragraph (e)(2)(iv)(B) of this section, and the flow meter reading, per paragraph (e)(2)(iv)(C) of this section, at which the leak was imaged. Keep a video record of the daily instrument check for each configuration of the optical gas imaging instrument used during the leak survey (for example, the daily instrument check must be conducted for each lens used). The video record must include a time and date stamp for each daily instrument check. The video record must be kept for 5 years. (vi) Recordkeeping requirements in the applicable subpart. (vii) The results of the annual Method 21 screening required in paragraph (h)(7) of this section. Records must be kept for all regulated equipment specified in paragraph (h)(1) of this section. Records must identify the equipment screened, the screening value measured by Method 21, the time and date of the screening, and calibration information required in the existing applicable subparts. (5) Reporting. CCG-AWP@EPA.GOV. [59 FR 12430, Mar. 16, 1994, as amended at 63 FR 24444, May 4, 1998; 65 FR 62215, Oct. 17, 2000; 67 FR 16605, Apr. 5, 2002; 73 FR 78211, Dec. 22, 2008] § 63.12 State authority and delegations. (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from— (1) Adopting and enforcing any standard, limitation, prohibition, or other regulation applicable to an affected source subject to the requirements of this part, provided that such standard, limitation, prohibition, or regulation is not less stringent than any requirement applicable to such source established under this part; (2) Requiring the owner or operator of an affected source to obtain permits, licenses, or approvals prior to initiating construction, reconstruction, modification, or operation of such source; or (3) Requiring emission reductions in excess of those specified in subpart D of this part as a condition for granting the extension of compliance authorized by section 112(i)(5) of the Act. (b)(1) Section 112(l) of the Act directs the Administrator to delegate to each State, when appropriate, the authority to implement and enforce standards and other requirements pursuant to section 112 for stationary sources located in that State. Because of the unique nature of radioactive material, delegation of authority to implement and enforce standards that control radionuclides may require separate approval. (2) Subpart E of this part establishes procedures consistent with section 112(l) for the approval of State rules or programs to implement and enforce applicable Federal rules promulgated under the authority of section 112. Subpart E also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities granted through a section 112(l) approval. (c) All information required to be submitted to the EPA under this part also shall be submitted to the appropriate state agency of any state to which authority has been delegated under section 112(l) of the Act, provided that each specific delegation may exempt sources from a certain federal or state reporting requirement. Any information required to be submitted electronically by this part via the EPA's CEDRI may, at the discretion of the delegated authority, satisfy the requirements of this paragraph. The Administrator may permit all or some of the information to be submitted to the appropriate state agency only, instead of to the EPA and the state agency with the exception of federal electronic reporting requirements under this part. Sources may not be exempted from federal electronic reporting requirements. [59 FR 12430, Mar. 16, 1994, as amended at 85 FR 73887, Nov. 19, 2020] § 63.13 Addresses of State air pollution control agencies and EPA Regional Offices. (a) All requests, reports, applications, submittals, and other communications to the Administrator pursuant to this part shall be submitted to the appropriate Regional Office of the U.S. Environmental Protection Agency indicated in the following table. If a request, report, application, submittal, or other communication is required by this part to be submitted electronically via the EPA's CEDRI then such submission satisfies the requirements of this paragraph (a). Table 1 to Paragraph ( a Region Address State I Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. II Director, Air and Waste Management Division, 26 Federal Plaza, New York, NY 10278 New Jersey, New York, Puerto Rico, Virgin Islands. III Director, Air Protection Division, 1650 Arch Street, Philadelphia, PA 19103 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV Director, Air and Radiation Division, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V Director, Air and Radiation Division, 77 West Jackson Blvd., Chicago, IL 60604-3507 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI Director; Enforcement and Compliance Assurance Division; U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270-2102 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219 Iowa, Kansas, Missouri, Nebraska. VIII Director, Air and Toxics Technical Enforcement Program, Office of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT, 1595 Wynkoop Street, Denver, CO 80202-1129 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX Director, Air Division, 75 Hawthorne Street, San Francisco, CA 94105 Arizona, California, Hawaii, Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. X Director, Office of Air Quality, 1200 Sixth Avenue (OAQ-107), Seattle, WA 98101 Alaska, Idaho, Oregon, Washington. (b) All information required to be submitted to the Administrator under this part also shall be submitted to the appropriate State agency of any State to which authority has been delegated under section 112(l) of the Act. The owner or operator of an affected source may contact the appropriate EPA Regional Office for the mailing addresses for those States whose delegation requests have been approved. (c) If any State requires a submittal that contains all the information required in an application, notification, request, report, statement, or other communication required in this part, an owner or operator may send the appropriate Regional Office of the EPA a copy of that submittal to satisfy the requirements of this part for that communication. [59 FR 12430, Mar. 16, 1994, as amended at 63 FR 66061, Dec. 1, 1998; 67 FR 4184, Jan. 29, 2002; 68 FR 32601, May 30, 2003; 68 FR 35792, June 17, 2003; 73 FR 24871, May 6, 2008; 75 FR 69532, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 2019; 85 FR 73887, Nov. 19, 2020; 89 FR 86748, Oct. 31, 2024] § 63.14 Incorporations by reference. (a)(1) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, the U.S. Environmental Protection Agency (EPA) must publish a document in the Federal Register www.archives.gov/federal-register/cfr/ibr-locations fr.inspection@nara.gov (2) The IBR material may be obtained from the sources in the following paragraphs of this section or from one or more private resellers listed in this paragraph (a)(2). For material that is no longer commercially available, contact: the EPA (see paragraph (a)(1) of this section). (i) Accuris Standards Store, 321 Inverness Drive, South Englewood, CO, 80112; phone: (800) 332-6077; website: https://store.accuristech.com (ii) American National Standards Institute (ANSI), 25 West 43rd Street, Fourth Floor, New York, NY 10036-7417; phone: (212) 642-4980; email: info@ansi.org www.ansi.org (iii) GlobalSpec, 257 Fuller Road, Suite NFE 1100, Albany, NY 12203-3621; phone: (800) 261-2052; website: https://standards.globalspec.com (iv) Nimonik Document Center, 401 Roland Way, Suite 224, Oakland, CA, 94624; phone (650) 591-7600; email: info@document-center.com www.document-center.com (v) Techstreet, phone: (855) 999-9870; email: store@techstreet.com www.techstreet.com (b) American Conference of Governmental Industrial Hygienists (ACGIH), Customer Service Department, 1330 Kemper Meadow Drive, Cincinnati, Ohio 45240, telephone number (513) 742-2020. (1) Industrial Ventilation: A Manual of Recommended Practice, 22nd Edition, 1995, Chapter 3, “Local Exhaust Hoods” and Chapter 5, “Exhaust System Design Procedure.” IBR approved for §§ 63.843(b) and 63.844(b). (2) Industrial Ventilation: A Manual of Recommended Practice, 23rd Edition, 1998, Chapter 3, “Local Exhaust Hoods” and Chapter 5, “Exhaust System Design Procedure.” IBR approved for §§ 63.1503, 63.1506(c), 63.1512(e), Table 2 to subpart RRR, Table 3 to subpart RRR, and appendix A to subpart RRR, and § 63.2984(e). (3) Industrial Ventilation: A Manual of Recommended Practice for Design, 27th Edition, 2010. IBR approved for §§ 63.1503, 63.1506(c), 63.1512(e), Table 2 to subpart RRR, Table 3 to subpart RRR, and appendix A to subpart RRR, and § 63.2984(e). (c) American Petroleum Institute (API), 200 Massachusetts Ave. NW, Suite 1100, Washington, DC 20001; phone: (202) 682-8000; website: www.api.org (1) API Publication 2517, Evaporative Loss from External Floating-Roof Tanks, Third Edition, February 1989; IBR approved for §§ 63.111; 63.1402; 63.2406; 63.7944. (2) API Publication 2518, Evaporative Loss from Fixed-roof Tanks, Second Edition, October 1991; IBR approved for § 63.150(g). (3) API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks, First Edition, April 1997; IBR approved for §§ 63.1251; 63.12005. (4) API Manual of Petroleum Measurement Specifications (MPMS) Chapter 19.2 (API MPMS 19.2), Evaporative Loss From Floating-Roof Tanks, Fourth Edition, August 2020; IBR approved for § 63.101(b). (d) American Public Health Association, 1015 18th Street NW, Washington, DC 20036; phone (844) 232-3707; email: standardmethods@subscritpionoffice.com www.standardmethods.org (1) Standard Method 5210, Biochemical Oxygen Demand (BOD), revised December 10, 2019; IBR approved for § 63.457(c) (2) [Reserved] (e) American Society of Heating, Refrigerating, and Air-Conditioning Engineers at 1791 Tullie Circle, NE., Atlanta, GA 30329 orders@ashrae.org. (1) American Society of Heating, Refrigerating, and Air-Conditioning Engineers Method 52.1, Gravimetric and Dust-Spot Procedures for Testing Air-Cleaning Devices Used in General Ventilation for Removing Particulate Matter (2) ANSI/ASHRAE Standard 52.2-2017, Method of Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size, (f) American Society of Mechanical Engineers (ASME), Two Park Avenue, New York, NY 10016-5990; phone: (800) 843-2763; email: CustomerCare@asme.org www.asme.org (1) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], issued August 31, 1981; §§ 63.116(c) and (h); 63.128(a); 63.145(i); 63.309(k); 63.365(b); 63.457(k); 63.490(g); 63.772(e) and (h); 63.865(b); 63.997(e); 63.1282(d) and (g); 63.1426(c); 63.1450(a), (b), (d), (e), (f), and (g); 63.1625(b); table 5 to subpart EEEE; §§ 63.3166(a); 63.3360(e); 63.3545(a); 63.3555(a); 63.4166(a); 63.4362(a); 63.4766(a); 63.4965(a); 63.5160(d); table 4 to subpart UUUU; table 3 to subpart YYYY; table 5 to subpart AAAAA; § 63.7322(b); table 5 to subpart DDDDD; §§ 63.7822(b); 63.7824(e); 63.7825(b); 63.8000(d); table 4 to subpart JJJJJ; table 4 to subpart KKKKK; §§ 63.9307(c); 63.9323(a); 63.9621(b) and (c); table 4 to subpart SSSSS; table 5 of subpart UUUUU; table 1 to subpart ZZZZZ; §§ 63.11148(e); 63.11155(e); 63.11162(f); 63.11163(g); table 4 to subpart JJJJJJ; §§ 63.11410(j); 63.11551(c); 63.11646(a); 63.11945(d). (2) [Reserved] (g) The Association of Florida Phosphate Chemists, P.O. Box 1645, Bartow, Florida 33830. (1) Book of Methods Used and Adopted By The Association of Florida Phosphate Chemists, Seventh Edition 1991: (i) Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample, IBR approved for § 63.606(f), § 63.626(f). (ii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method A—Volumetric Method, IBR approved for § 63.606(f), § 63.626(f). (iii) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method B—Gravimetric Quimociac Method, IBR approved for § 63.606(f), § 63.626(f). (iv) Section IX, Methods of Analysis For Phosphate Rock, No. 3 Phosphorus-P2O5 or Ca3(PO4)2, Method C—Spectrophotometric Method, IBR approved for § 63.606(f), § 63.626(f). (v) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method A—Volumetric Method, IBR approved for § 63.606(f), § 63.626(f), and (g). (vi) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method B—Gravimetric Quimociac Method, IBR approved for § 63.606(f), § 63.626(f), and (g). (vii) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P2O5, Method C—Spectrophotometric Method, IBR approved for § 63.606(f), § 63.626(f), and (g). (2) [Reserved] (h) Association of Official Analytical Chemists (AOAC) International, Customer Services, Suite 400, 2200 Wilson Boulevard, Arlington, Virginia 22201-3301, Telephone (703) 522-3032, Fax (703) 522-5468. (1) AOAC Official Method 929.01 Sampling of Solid Fertilizers, Sixteenth edition, 1995, IBR approved for § 63.626(g). (2) AOAC Official Method 929.02 Preparation of Fertilizer Sample, Sixteenth edition, 1995, IBR approved for § 63.626(g). (3) AOAC Official Method 957.02 Phosphorus (Total) in Fertilizers, Preparation of Sample Solution, Sixteenth edition, 1995, IBR approved for § 63.626(g). (4) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g). (5) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g). (6) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method, Sixteenth edition, 1995, IBR approved for § 63.626(g). (7) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method, Sixteenth edition, 1995, IBR approved for § 63.626(g). (i) ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-2959; phone: (800) 262-1373; website: www.astm.org (1) ASTM D95-05 (Reapproved 2010), Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation, approved May 1, 2010, IBR approved for § 63.10005(i) and table 6 to subpart DDDDD. (2) ASTM D240-09 Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter, approved July 1, 2009, IBR approved for table 6 to subpart DDDDD. (3) ASTM Method D388-05, Standard Classification of Coals by Rank, approved September 15, 2005, IBR approved for §§ 63.7575, 63.10042, and 63.11237. (4) ASTM Method D396-10, Standard Specification for Fuel Oils, including Appendix X1, approved October 1, 2010, IBR approved for § 63.10042. (5) ASTM D396-10, Standard Specification for Fuel Oils, approved October 1, 2010, IBR approved for §§ 63.7575 and 63.11237. (6) ASTM D523-89, Standard Test Method for Specular Gloss, IBR approved for § 63.782. (7) ASTM D975-11b, Standard Specification for Diesel Fuel Oils, approved December 1, 2011, IBR approved for § 63.7575. (8) ASTM D1193-77, Standard Specification for Reagent Water, IBR approved for appendix A to part 63: Method 306, Sections 7.1.1 and 7.4.2. (9) ASTM D1193-91, Standard Specification for Reagent Water, IBR approved for appendix A to part 63: Method 306, Sections 7.1.1 and 7.4.2. (10) ASTM D1331-89, Standard Test Methods for Surface and Interfacial Tension of Solutions of Surface Active Agents, IBR approved for appendix A to part 63: Method 306B, Sections 6.2, 11.1, and 12.2.2. (11) ASTM D1475-90, Standard Test Method for Density of Paint, Varnish Lacquer, and Related Products, IBR approved for appendix A to subpart II. (12) ASTM D1475-13, Standard Test Method for Density of Liquid Coatings, Inks, and Related Products, approved November 1, 2013, IBR approved for §§ 63.3151(b), 63.3941(b) and (c), 63.3951(c), 63.4141(b) and (c), 63.4551(c), 63.4741(b) and (c), 63.4751(c), and 63.4941(b) and (c). (13) ASTM Method D1835-05, Standard Specification for Liquefied Petroleum (LP) Gases, approved April 1, 2005, IBR approved for §§ 63.2292, 63.7575, and 63.11237. (14) ASTM D1945-03 (Reapproved 2010), Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved January 1, 2010, IBR approved for §§ 63.670(j), 63.772(h), and 63.1282(g). (15) ASTM D1945-14, Standard Test Method for Analysis of Natural Gas by Gas Chromatography, Approved November 1, 2014, IBR approved for § 63.670(j). (16) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved for § 63.11(b). (17) ASTM D1946-90 (Reapproved 1994), Standard Method for Analysis of Reformed Gas by Gas Chromatography, 1994, IBR approved for §§ 63.11(b), 63.987(b), and 63.1412. (18) ASTM D1963-85 (Reapproved 1996), Standard Test Method for Specific Gravity of Drying Oils, Varnishes, Resins, and Related Materials at 25/25 °C, approved November 29, 1985, IBR approved for § 63.3360(c). (19) ASTM D2013/D2013M-09, Standard Practice for Preparing Coal Samples for Analysis, (Approved November 1, 2009), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (20) ASTM D2099-00, Standard Test Method for Dynamic Water Resistance of Shoe Upper Leather by the Maeser Water Penetration Tester, IBR approved for § 63.5350. (21) ASTM D2111-10 (Reapproved 2015), Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures, approved June 1, 2015, IBR approved for §§ 63.3360(c), 63.3951(c), 63.4141(b) and (c), 63.4551(c), and 63.4741(a). (22) ASTM D2216-05, Standard Test Methods for Laboratory Determination of Water (Moisture) Content of Soil and Rock by Mass, IBR approved for the definition of “Free organic liquids” in § 63.10692. (23) ASTM D2234/D2234M-10, Standard Practice for Collection of a Gross Sample of Coal, approved January 1, 2010, IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (24) ASTM D2369-93, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II. (25) ASTM D2369-95, Standard Test Method for Volatile Content of Coatings, IBR approved for appendix A to subpart II. (26) ASTM D2369-10 (Reapproved 2015)e1, Standard Test Method for Volatile Content of Coatings, approved June 1, 2015, IBR approved for §§ 63.3151(a), 63.3360(c), 63.3961(j), 63.4141(a) and (b), 63.4161(h), 63.4321(e), 63.4341(e), 63.4351(d), 63.4541(a), and 63.4561(j), appendix A to subpart PPPP, and §§ 63.4741(a), 63.4941(a) and (b), 63.4961(j), and 63.8055(b). (27) ASTM D2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for § 63.11(b). (28) ASTM D2382-88, Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method), IBR approved for § 63.11(b). (29) ASTM D2697-86 (Reapproved 1998), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, IBR approved for §§ 63.3521(b), and 63.5160(c). (30) ASTM D2697-03 (Reapproved 2014), Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings, approved July 1, 2014, IBR approved for §§ 63.3161(f), 63.3360(c), 63.3941(b), 63.4141(b), 63.4741(a) and (b), 63.4941(b), and 63.8055(b). (31) ASTM D2879-83, Standard Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, Approved November 28, 1983, IBR approved for §§ 63.111, 63.1402, 63.2406, 63.7944, and 63.12005. (32) ASTM D2879-96, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, (Approved 1996), IBR approved for §§ 63.111, and 63.12005. (33) ASTM D2879-23, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, approved December 1, 2023; IBR approved for § 63.101(b). (34) ASTM D2908-74, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved June 27, 1974, IBR approved for § 63.1329(c). (35) ASTM D2908-91, Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 15, 1991, IBR approved for § 63.1329(c). (36) ASTM D2908-91(Reapproved 2001), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 15, 1991, IBR approved for § 63.1329(c). (37) ASTM D2908-91(Reapproved 2005), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved December 1, 2005, IBR approved for § 63.1329(c). (38) ASTM D2908-91(Reapproved 2011), Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography, Approved May 1, 2011, IBR approved for § 63.1329(c). (39) ASTM D2986-95A, “Standard Practice for Evaluation of Air Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test,” approved September 10, 1995, IBR approved for section 7.1.1 of Method 315 in appendix A to this part. (40) ASTM D3173-03 (Reapproved 2008), Standard Test Method for Moisture in the Analysis Sample of Coal and Coke, (Approved February 1, 2008), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (41) ASTM D3257-93, Standard Test Methods for Aromatics in Mineral Spirits by Gas Chromatography, IBR approved for § 63.786(b). (42) ASTM D3370-76, Standard Practices for Sampling Water, Approved August 27, 1976, IBR approved for § 63.1329(c). (43) ASTM D3370-95a, Standard Practices for Sampling Water from Closed Conduits, Approved September 10, 1995, IBR approved for § 63.1329(c). (44) ASTM D3370-07, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2007, IBR approved for § 63.1329(c). (45) ASTM D3370-08, Standard Practices for Sampling Water from Closed Conduits, Approved October 1, 2008, IBR approved for § 63.1329(c). (46) ASTM D3370-10, Standard Practices for Sampling Water from Closed Conduits, Approved December 1, 2010, IBR approved for § 63.1329(c). (47) ASTM D3588-98 (Reapproved 2003), Standard Practice for Calculating Heat Value, Compressibility Factor, and Relative Density of Gaseous Fuels, (Approved May 10, 2003), IBR approved for §§ 63.772(h) and 63.1282(g). (48) ASTM D3695-88, Standard Test Method for Volatile Alcohols in Water by Direct Aqueous-Injection Gas Chromatography, IBR approved for § 63.365(e). (49) ASTM D3792-91, Standard Method for Water Content of Water-Reducible Paints by Direct Injection into a Gas Chromatograph, IBR approved for appendix A to subpart II. (50) ASTM D3912-80, Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782. (51) ASTM D3960-98, Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings, approved November 10, 1998, IBR approved for §§ 63.3360(c) and 63.8055(b). (52) ASTM D4006-11, Standard Test Method for Water in Crude Oil by Distillation, including Annex A1 and Appendix X1, (Approved June 1, 2011), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD. (53) ASTM D4017-81, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II. (54) ASTM D4017-90, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II. (55) ASTM D4017-96a, Standard Test Method for Water in Paints and Paint Materials by the Karl Fischer Titration Method, IBR approved for appendix A to subpart II. (56) ASTM D4057-06 (Reapproved 2011), Standard Practice for Manual Sampling of Petroleum and Petroleum Products, including Annex A1, (Approved June 1, 2011), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD. (57) ASTM D4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants, IBR approved for § 63.782. (58) ASTM D4084-07, Standard Test Method for Analysis of Hydrogen Sulfide in Gaseous Fuels (Lead Acetate Reaction Rate Method), (Approved June 1, 2007), IBR approved for table 6 to subpart DDDDD. (59) ASTM D4177-95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, including Annexes A1 through A6 and Appendices X1 and X2, (Approved May 1, 2010), IBR approved for § 63.10005(i) and table 6 to subpart DDDDD. (60) ASTM D4208-02 (Reapproved 2007), Standard Test Method for Total Chlorine in Coal by the Oxygen Bomb Combustion/Ion Selective Electrode Method, approved May 1, 2007, IBR approved for table 6 to subpart DDDDD. (61) ASTM D4239-14e1, “Standard Test Method for Sulfur in the Analysis Sample of Coal and Coke Using High-Temperature Tube Furnace Combustion,” approved March 1, 2014, IBR approved for § 63.849(f). (62) ASTM D4256-89, Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782. (63) ASTM D4256-89 (Reapproved 94), Standard Test Method for Determination of the Decontaminability of Coatings Used in Light-Water Nuclear Power Plants, IBR approved for § 63.782. (64) ASTM D4282-15, Standard Test Method for Determination of Free Cyanide in Water and Wastewater by Microdiffusion, Approved July 15, 2015, IBR approved for § 63.1103(g). (65) ASTM D4606-03 (Reapproved 2007), Standard Test Method for Determination of Arsenic and Selenium in Coal by the Hydride Generation/Atomic Absorption Method, (Approved October 1, 2007), IBR approved for table 6 to subpart DDDDD. (66) ASTM D4809-95, Standard Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR approved for § 63.11(b). (67) ASTM D4840-99 (Reapproved 2018) e (68) ASTM D4891-89 (Reapproved 2006), Standard Test Method for Heating Value of Gases in Natural Gas Range by Stoichiometric Combustion, (Approved June 1, 2006), IBR approved for §§ 63.772(h) and 63.1282(g). (69) ASTM D5066-91 (Reapproved 2017), Standard Test Method for Determination of the Transfer Efficiency Under Production Conditions for Spray Application of Automotive Paints-Weight Basis, approved June 1, 2017, IBR approved for § 63.3161(g). (70) ASTM D5087-02, Standard Test Method for Determining Amount of Volatile Organic Compound (VOC) Released from Solventborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), IBR approved for § 63.3165(e) and appendix A to subpart IIII. (71) ASTM D5192-09, Standard Practice for Collection of Coal Samples from Core, (Approved June 1, 2009), IBR approved for table 6 to subpart DDDDD. (72) ASTM D5198-09, Standard Practice for Nitric Acid Digestion of Solid Waste, (Approved February 1, 2009), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (73) ASTM D5228-92, Standard Test Method for Determination of Butane Working Capacity of Activated Carbon, (Reapproved 2005), IBR approved for § 63.11092(b). (74) ASTM D5291-02, Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants, IBR approved for appendix A to subpart MMMM. (75) ASTM D5790-95 (Reapproved 2012), Standard Test Method for Measurement of Purgeable Organic Compounds in Water by Capillary Column Gas Chromatography/Mass Spectrometry, Approved June 15, 2012, IBR approved for § 63.2485(h) and Table 4 to subpart UUUU. (76) ASTM D5864-11, Standard Test Method for Determining Aerobic Aquatic Biodegradation of Lubricants or Their Components, (Approved March 1, 2011), IBR approved for table 6 to subpart DDDDD. (77) ASTM D5865-10a, Standard Test Method for Gross Calorific Value of Coal and Coke, (Approved May 1, 2010), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (78) ASTM D5954-98 (Reapproved 2006), Test Method for Mercury Sampling and Measurement in Natural Gas by Atomic Absorption Spectroscopy, (Approved December 1, 2006), IBR approved for table 6 to subpart DDDDD. (79) ASTM D5965-02 (Reapproved 2013), Standard Test Methods for Specific Gravity of Coating Powders, approved June 1, 2013, IBR approved for §§ 63.3151(b) and 63.3951(c). (80) ASTM D6053-00, Standard Test Method for Determination of Volatile Organic Compound (VOC) Content of Electrical Insulating Varnishes, IBR approved for appendix A to subpart MMMM. (81) ASTM D6093-97 (Reapproved 2003), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, IBR approved for §§ 63.3521 and 63.5160(c). (82) ASTM D6093-97 (Reapproved 2016), Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer, approved December 1, 2016, IBR approved for §§ 63.3161(f), 63.3360(c), 63.3941(b), 63.4141(b), 63.4741(a) and (b), and 63.4941(b). (83) ASTM D6196-03 (Reapproved 2009), Standard Practice for Selection of Sorbents, Sampling, and Thermal Desorption Analysis Procedures for Volatile Organic Compounds in Air, Approved March 1, 2009, IBR approved for appendix A to this part: Method 325A and Method 325B. (84) ASTM D6266-00a (Reapproved 2017), Standard Test Method for Determining the Amount of Volatile Organic Compound (VOC) Released from Waterborne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement), approved July 1, 2017, IBR approved for § 63.3165(e). (85) ASTM D6323-98 (Reapproved 2003), Standard Guide for Laboratory Subsampling of Media Related to Waste Management Activities, (Approved August 10, 2003), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (86) ASTM D6348-03, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved October 1, 2003, IBR approved for §§ 63.457(b), 63.997(e), and 63.1349, table 5 to subpart EEEE, table 4 to subpart UUUU, table 4 subpart ZZZZ, and table 8 to subpart HHHHHHH. (87) ASTM D6348-03 (Reapproved 2010), Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, including Annexes A1 through A8, Approved October 1, 2010, IBR approved for §§ 63.1571(a), 63.4751(i), 63.4752(e), 63.4766(b), 63.7142(a) and (b), tables 4 and 5 to subpart JJJJJ, tables 4 and 6 to subpart KKKKK, tables 1, 2, and 5 to subpart UUUUU and appendix B to subpart UUUUU. (88) ASTM D6348-12e1, Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for §§ 63.997(e), 63.1571(a), and 63.2354(b), table 4 to subpart DDDD, table 5 to subpart EEEE, table 4 to subpart UUUU, §§ 63.7142(a) and (b) and 63.8000(d), and table 4 to subpart SSSSS. (89) ASTM D6348-12 (Reapproved 2020), Standard Test Method for Determination of Gaseous Compounds by Extractive Direct Interface Fourier Transform Infrared (FTIR) Spectroscopy, Approved February 1, 2012, IBR approved for §§ 63.109(a); 63.365(b); 63.509(a); 63.7322(d), (e), and (g); 63.7825(g) and (h); table 5 to subpart AAAAA. (90) ASTM D6350-98 (Reapproved 2003), Standard Test Method for Mercury Sampling and Analysis in Natural Gas by Atomic Fluorescence Spectroscopy, (Approved May 10, 2003), IBR approved for table 6 to subpart DDDDD. (91) ASTM D6357-11, Test Methods for Determination of Trace Elements in Coal, Coke, and Combustion Residues from Coal Utilization Processes by Inductively Coupled Plasma Atomic Emission Spectrometry, (Approved April 1, 2011), IBR approved for table 6 to subpart DDDDD. (92) ASTM D6376-10, “Standard Test Method for Determination of Trace Metals in Petroleum Coke by Wavelength Dispersive X-Ray Fluorescence Spectroscopy,” Approved July 1, 2010, IBR approved for § 63.849(f). (93) ASTM D6420-99, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, IBR approved for §§ 63.5799 and 63.5850. (94) ASTM D6420-99 (Reapproved 2004), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry (Approved October 1, 2004), IBR approved for §§ 63.457(b), 63.772(a), 63.772(e), 63.1282(a) and (d), and table 8 to subpart HHHHHHH. (95) ASTM D6420-99 (Reapproved 2010), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, Approved October 1, 2010, IBR approved for §§ 63.670(j); table 4 to subpart UUUU; 63.1450(f); 63.7142(b); appendix A to this part. (96) ASTM D6420-18, Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry, approved November 1, 2018, IBR approved for §§ 63.101(b); 63.115(g); 63.116(c); 63.126(d); 63.128(a); 63.139(c); 63.145(d) and (i); 63.150(g); 63.180(d); 63.305(c); 63.482(b); 63.485(t); 63.488(b); 63.490(c) and (e); 63.496(b); 63.500(c); 63.501(a); 63.502(j); 63.503(a) and (g); 63.525(a) and (e); 63.987(b); 63.997(e); 63.1423(b); 63.1426(c); 63.2354(b); table 5 to subpart EEEE; §§ 63.2450(j); 63.8000(d). (97) ASTM D6522-00, Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, IBR approved for § 63.9307(c). (98) ASTM D6522-00 (Reapproved 2005), Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, (Approved October 1, 2005), IBR approved for table 4 to subpart ZZZZ, table 5 to subpart DDDDDD, table 4 to subpart JJJJJJ, and §§ 63.772(e) and (h)) and 63.1282(d) and (g). (99) ASTM D6522-11 Standard Test Method for Determination of Nitrogen Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, and Process Heaters Using Portable Analyzers, Approved December 1, 2011, IBR approved for § 63.1961(a) and table 3 to subpart YYYY. (100) ASTM D6721-01 (Reapproved 2006), Standard Test Method for Determination of Chlorine in Coal by Oxidative Hydrolysis Microcoulometry, (Approved April 1, 2006), IBR approved for table 6 to subpart DDDDD. (101) ASTM D6722-01 (Reapproved 2006), Standard Test Method for Total Mercury in Coal and Coal Combustion Residues by the Direct Combustion Analysis, (Approved April 1, 2006), IBR approved for Table 6 to subpart DDDDD and Table 5 to subpart JJJJJJ. (102) ASTM D6735-01 (Reapproved 2009), Standard Test Method for Measurement of Gaseous Chlorides and Fluorides from Mineral Calcining Exhaust Sources—Impinger Method, IBR approved for § 63.7142(b), tables 4 and 5 to subpart JJJJJ, and tables 4 and 6 to subpart KKKKK. (103) ASTM D6751-11b, Standard Specification for Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, (Approved July 15, 2011), IBR approved for §§ 63.7575 and 63.11237. (104) ASTM D6784-02 (Reapproved 2008), Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), Approved April 1, 2008; IBR approved for §§ 63.2465(d); 63.11646(a); 63.11647(a) and (d); tables 1, 2, 5, 11, 12t, and 13 to subpart DDDDD; tables 4 and 5 to subpart JJJJJ; tables 4 and 6 to subpart KKKKK; table 4 to subpart JJJJJJ. (105) ASTM D6784-16, Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), Approved March 1, 2016; IBR approved for §§ 63.1450(d); table 5 to subpart AAAAA; 63.7322(c); 63.9621(d); table 5 to subpart UUUUU; appendix A to subpart UUUUU. (106) ASTM D6784-24, Standard Test Method for Elemental, Oxidized, Particle-Bound and Total Mercury Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), Approved March 1, 2024; IBR approved for § 63.11496(f). (107) ASTM D6883-04, Standard Practice for Manual Sampling of Stationary Coal from Railroad Cars, Barges, Trucks, or Stockpiles, (Approved June 1, 2004), IBR approved for table 6 to subpart DDDDD. (108) ASTM D6886-18, Standard Test Method for Determination of the Weight Percent Individual Volatile Organic Compounds in Waterborne Air-Dry Coatings by Gas Chromatography, approved October 1, 2018, IBR approved for § 63.2354(c). (109) ASTM D7237-18, Standard Test Method for Free Cyanide and Aquatic Free Cyanide with Flow Injection Analysis (FIA) Utilizing Gas Diffusion Separation and Amperometric Detection, Approved December 1, 2018, IBR approved for § 63.1103(g). (110) ASTM D7430-11ae1, Standard Practice for Mechanical Sampling of Coal, (Approved October 1, 2011), IBR approved for table 6 to subpart DDDDD. (111) ASTM D7520-16, Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere, approved April 1, 2016; IBR approved for §§ 63.1450(c), (e), and (g); 63.1453(h); 63.1625(b); table 3 to subpart LLLLL; §§ 63.7823(c) through (f), 63.7833(g); 63.11423(c). (112) [Reserved] (113) ASTM E145-94 (Reapproved 2001), Standard Specification for Gravity-Convection and Forced-Ventilation Ovens, IBR approved for appendix A to subpart PPPP. (114) ASTM E180-93, Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals, IBR approved for § 63.786(b). (115) ASTM E260-91, General Practice for Packed Column Gas Chromatography, IBR approved for §§ 63.750(b) and 63.786(b). (116) ASTM E260-96, General Practice for Packed Column Gas Chromatography, IBR approved for §§ 63.750(b) and 63.786(b). (117) ASTM E515-95 (Reapproved 2000), Standard Test Method for Leaks Using Bubble Emission Techniques, IBR approved for § 63.425(i). (118) ASTM E711-87 (Reapproved 2004), Standard Test Method for Gross Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter, (Approved August 28, 1987), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (119) ASTM E776-87 (Reapproved 2009), Standard Test Method for Forms of Chlorine in Refuse-Derived Fuel, (Approved July 1, 2009), IBR approved for table 6 to subpart DDDDD. (120) ASTM E871-82 (Reapproved 2006), Standard Test Method for Moisture Analysis of Particulate Wood Fuels, (Approved November 1, 2006), IBR approved for table 6 to subpart DDDDD and table 5 to subpart JJJJJJ. (121) ASTM UOP539-12, Refinery Gas Analysis by GC, Copyright 2012 (to UOP), IBR approved for § 63.670(j). Note 2 to paragraph (i): Standards listed in this paragraph (i) may also be available from standards resellers including the Standards Store, https://global.ihs.com. (j) Bay Area Air Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, California 94109, http://www.arb.ca.gov/DRDB/BA/CURHTML/ST/st30.pdf. (1) “BAAQMD Source Test Procedure ST-30—Static Pressure Integrity Test, Underground Storage Tanks,” adopted November 30, 1983, and amended December 21, 1994, IBR approved for § 63.11120(a). (2) [Reserved] (k) British Standards Institute, 389 Chiswick High Road, London W4 4AL, United Kingdom. (1) BS EN 1593:1999, Non-destructive Testing: Leak Testing—Bubble Emission Techniques, IBR approved for § 63.425(i). (2) BS EN 14662-4:2005, Ambient air quality standard method for the measurement of benzene concentrations—Part 4: Diffusive sampling followed by thermal desorption and gas chromatography, Published June 27, 2005, IBR approved for appendix A to this part: Method 325A and Method 325B. (l) California Air Resources Board (CARB), 1001 I Street, P.O. Box 2815, Sacramento, CA 95812-2815, Telephone (916) 327-0900, http://www.arb.ca.gov/ (1) Method 310, “Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds (ROC) in Aerosol Coating Products,” amended May 25, 2018, IBR approved for § 63.8055(b). (2) Method 428, “Determination Of Polychlorinated Dibenzo-P-Dioxin (PCDD), Polychlorinated Dibenzofuran (PCDF), and Polychlorinated Biphenyle Emissions from Stationary Sources,” amended September 12, 1990, IBR approved for § 63.849(a)(13) and (14). (3) Method 429, Determination of Polycyclic Aromatic Hydrocarbon (PAH) Emissions from Stationary Sources, Adopted September 12, 1989, Amended July 28, 1997, IBR approved for § 63.1625(b). (4) California Air Resources Board Vapor Recovery Test Procedure TP-201.1—“Volumetric Efficiency for Phase I Vapor Recovery Systems,” adopted April 12, 1996, and amended February 1, 2001 and October 8, 2003, IBR approved for § 63.11120(b). (5) California Air Resources Board Vapor Recovery Test Procedure TP-201.1E—“Leak Rate and Cracking Pressure of Pressure/Vacuum Vent Valves,” adopted October 8, 2003, IBR approved for § 63.11120(a). (6) California Air Resources Board Vapor Recovery Test Procedure TP-201.3—“Determination of 2-Inch WC Static Pressure Performance of Vapor Recovery Systems of Dispensing Facilities,” adopted April 12, 1996 and amended March 17, 1999, IBR approved for § 63.11120(a). (m) Composite Panel Association, 19465 Deerfield Avenue, Suite 306, Leesburg, VA 20176, Telephone (703)724-1128, and www.compositepanel.org. (1) ANSI A135.4-2012, Basic Hardboard, approved June 8, 2012, IBR approved for § 63.4781. (2) [Reserved] (n) Environmental Protection Agency. Air and Radiation Docket and Information Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number (202) 566-1745. (1) California Regulatory Requirements Applicable to the Air Toxics Program, (2) New Jersey's Toxic Catastrophe Prevention Act Program, (3) Delaware Department of Natural Resources and Environmental Control, Division of Air and Waste Management, Accidental Release Prevention Regulation, sections 1 through 5 and sections 7 through 14, effective January 11, 1999, IBR approved for § 63.99(a). (4) State of Delaware Regulations Governing the Control of Air Pollution (October 2000), IBR approved for § 63.99(a). (5) Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007. IBR approved for § 63.99(a). (6)
(i) New Hampshire Regulations at Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective September 1, 2018, (including a letter from Robert R. Scott, Commissioner, Department of Environmental Services, State of New Hampshire, to David J. Alukonis, Director, Office of Legislative Services, dated October 23, 2018, certifying that the enclosed rule, Env-Sw 2100, is the official version of this rule), IBR approved for § 63.99(a). (ii) New Hampshire Code of Administrative Rules: Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 (certified with June 23, 2017 letter from Clark B. Freise, Assistant Commissioner, Department of Environmental Services, State of New Hampshire), as follows: Revision Notes #1 and #2; Part Env-A 1801-1807, excluding Env-A 1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A 1802.04, Env-A 1802.07-1802.09, Env-A 1802.13, Env-A 1802.15-1802.17, Env-A 1802.25, Env-A 1802.31, Env-A 1802.37, Env-A 1802.40, Env-A 1802.44, and Env-A 1803.05-1803.09; and Appendices B, C, and D; IBR approved for § 63.99(a). (7) Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009. IBR approved for § 63.99(a). (8) California South Coast Air Quality Management District's “Spray Equipment Transfer Efficiency Test Procedure for Equipment User, May 24, 1989,” IBR approved for §§ 63.11173(e) and 63.11516(d). (9) California South Coast Air Quality Management District's “Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns, September 26, 2002,” Revision 0, IBR approved for §§ 63.11173(e) and 63.11516(d). (10) Rhode Island Regulations at Title 250 Department of Environmental Management, Chapter 120 Air Resources, Subchapter 05 Air Pollution Control: (i) 250-RICR-120-05-0. Part 0 General Definitions Regulation, effective as of January 4, 2022, excluding 0.2 “Application”; IBR approved for § 63.99(a). (ii) 250-RICR-120-05-36. Part 36 Control of Emissions from Organic Solvent Cleaning, effective as of June 13, 2022, excluding 36.2 “Application”, 36.5.A.28, “Industrial solvent cleaning”, 36.6.D, and 36.17 “Requirements for Industrial Cleaning Solvents”; IBR approved for § 63.99(a). (11) Missouri Department of Natural Resources regulations, 10 CSR 10-6.255, Chemical Accident Prevention for Agricultural Anhydrous Ammonia, effective February 28, 2025. Incorporation by reference approved for § 63.99(a). (12) Alaska Statute 42.45.045. Renewable energy grant fund and recommendation program, available at http://www.legis.state.ak.us/basis/folio.asp (13) Vermont Air Pollution Control Regulations, Chapter 5, Air Pollution Control, section 5-253.11, Perchloroethylene Dry Cleaning, effective as of December 15, 2016. Incorporation by reference approved for § 63.99(a). (o) U.S. Environmental Protection Agency (EPA), 1200 Pennsylvania Avenue NW, Washington, DC 20460; phone: (202) 272-0167; website: www.epa.gov/aboutepa/forms/contact-epa (1) EPA/100/R-10/005, Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds, December 2010; IBR approved for §§ 63.1450(f); 63.1459; table 2 to subpart QQQ; table 1 to subpart AAAAA. (Available at https://www.epa.gov/sites/default/files/2013-09/documents/tefs-for-dioxin-epa-00-r-10-005-final.pdf. (2) EPA-453/R-01-005, National Emission Standards for Hazardous Air Pollutants (NESHAP) for Integrated Iron and Steel Plants—Background Information for Proposed Standards, Final Report, January 2001; IBR approved for § 63.7491(g). (3) EPA-454/B-08-002, Quality Assurance Handbook for Air Pollution Measurement Systems; Volume IV: Meteorological Measurements, Version 2.0 (Final), Issued March 2008; IBR approved for §§ 63.184(c); 63.7792(b). (4) EPA-454/R-98-015, Fabric Filter Bag Leak Detection Guidance, September 1997; IBR approved for §§ 63.548(e); 63.864(e); 63.7525(j); 63.8450(e); 63.8600(e); 63.9632(a); 63.9804(f); 63.11224(f); 63.11423(e). (Available at: https://nepis.epa.gov/Exe/ZyPDF.cgi?Dockey=2000D5T6.pdf. (5) EPA-454/R-99-005, Office of Air Quality Planning and Standards (OAQPS), Meteorological Monitoring Guidance for Regulatory Modeling Applications, February 2000; IBR approved for appendix A to this part. (6) EPA/600/R-12/531, EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards, May 2012; IBR approved for § 63.2163(b). (7) EPA-625/3-89-016, Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and 1989 Update, March 1989; IBR approved for § 63.1513(d). (8) EPA-821-R-02-019, Method 1631 Revision E, Mercury in Water by Oxidation, Purge and Trap, and Cold Vapor Atomic Absorption Fluorescence Spectrometry, Revision E, August 2002; IBR approved for table 6 to subpart DDDDD. (9) EPA Method 200.8, Determination of Trace Elements in Waters and Wastes by Inductively Coupled Plasma—Mass Spectrometry, Revision 5.4, 1994; IBR approved for table 6 to subpart DDDDD. (10) In EPA Publication No. SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods (Available from: www.epa.gov/hw-sw846/sw-846-compendium (i) SW-846-0011, Sampling for Selected Aldehyde and Ketone Emissions from Stationary Sources, Revision 0, December 1996; IBR approved for table 4 to subpart DDDD. (ii) SW-846-3020A, Acid Digestion of Aqueous Samples And Extracts For Total Metals For Analysis By GFAA Spectroscopy, Revision 1, July 1992; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ. (iii) SW-846-3050B, Acid Digestion of Sediments, Sludges, and Soils, Revision 2, December 1996; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ. (iv) SW-846-5030B, Purge-And-Trap For Aqueous Samples, Revision 2, December 1996; IBR approved for §§ 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c). (v) SW-846-5031, Volatile, Nonpurgeable, Water-Soluble Compounds by Azeotropic Distillation, Revision 0, December 1996; IBR approved for §§ 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c). (vi) SW-846-7470A, Mercury In Liquid Waste (Manual Cold-Vapor Technique), Revision 1, September 1994; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ. (vii) SW-846-7471B, Mercury In Solid Or Semisolid Waste (Manual Cold-Vapor Technique), Revision 2, February 2007; IBR approved for table 6 to subpart DDDDD; table 5 to subpart JJJJJJ. (viii) SW-846-8015C, Nonhalogenated Organics by Gas Chromatography, Revision 3, February 2007; IBR approved for §§ 63.11960; 63.11980; table 10 to subpart HHHHHHH. (ix) SW-846-8260B, Volatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 2, December 1996; IBR approved for §§ 63.1107(a); 63.11960; 63.11980; table 10 to subpart HHHHHHH. (x) SW-846-8260D, Volatile Organic Compounds By Gas Chromatography/Mass Spectrometry, Revision 4, June 2018; IBR approved for §§ 63.109(b), (c), (d), and (e); 63.509(b) and (c); 63.2492(b) and (c). (xi) SW-846-8270D, Semivolatile Organic Compounds by Gas Chromatography/Mass Spectrometry (GC/MS), Revision 4, February 2007; IBR approved for §§ 63.1107(a); 63.11960; 63.11980; table 10 to subpart HHHHHHH. (xii) SW-846-8315A, Determination of Carbonyl Compounds by High Performance Liquid Chromatography (HPLC), Revision 1, December 1996; IBR approved for §§ 63.11960; 63.11980; table 10 to subpart HHHHHHH. (xiii) SW-846-5050, Bomb Preparation Method for Solid Waste, Revision 0, September 1994; IBR approved for table 6 to subpart DDDDD. (xiv) SW-846-6010C, Inductively Coupled Plasma-Atomic Emission Spectrometry, Revision 3, February 2007; IBR approved for table 6 to subpart DDDDD. (xv) SW-846-6020A, Inductively Coupled Plasma-Mass Spectrometry, Revision 1, February 2007; IBR approved for table 6 to subpart DDDDD. (xvi) SW-846-7060A, Arsenic (Atomic Absorption, Furnace Technique), Revision 1, September 1994; IBR approved for table 6 to subpart DDDDD. (xvii) SW-846-7740, Selenium (Atomic Absorption, Furnace Technique), Revision 0, September 1986; IBR approved for table 6 to subpart DDDDD. (xviii) SW-846-9056, Determination of Inorganic Anions by Ion Chromatography, Revision 1, February 2007; IBR approved for table 6 to subpart DDDDD. (xix) SW-846-9076, Test Method for Total Chlorine in New and Used Petroleum Products by Oxidative Combustion and Microcoulometry, Revision 0, September 1994; IBR approved for table 6 to subpart DDDDD. (xx) SW-846-9250, Chloride (Colorimetric, Automated Ferricyanide AAI), Revision 0, September 1986; IBR approved for table 6 to subpart DDDDD. (11)-(30) [Reserved] (31) EPA/100/R-10/005, Recommended Toxicity Equivalence Factors (TEFs) for Human Health Risk Assessments of 2, 3, 7, 8-Tetrachlorodibenzo-p-dioxin and Dioxin-Like Compounds, December 2010; IBR approved for § 63.1459 and table 2 to subpart QQQ. (Available at https://www.epa.gov/sites/default/files/2013-09/documents/tefs-for-dioxin-epa-00-r-10-005-final.pdf.) (p) International Standards Organization (ISO), 1, ch. de la Voie-Creuse, Case postale 56, CH-1211 Geneva 20, Switzerland, + 41 22 749 01 11, http://www.iso.org/iso/home.htm. (1) ISO 6978-1:2003(E), Natural Gas—Determination of Mercury—Part 1: Sampling of Mercury by Chemisorption on Iodine, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD. (2) ISO 6978-2:2003(E), Natural gas—Determination of Mercury—Part 2: Sampling of Mercury by Amalgamation on Gold/Platinum Alloy, First edition, October 15, 2003, IBR approved for table 6 to subpart DDDDD. (3) ISO 16017-2:2003(E): Indoor, ambient and workplace air—sampling and analysis of volatile organic compounds by sorbent tube/thermal desorption/capillary gas chromatography—Part 2: Diffusive sampling, May 15, 2003, IBR approved for appendix A to this part: Method 325A and Method 325B. (q) National Council of the Paper Industry for Air and Stream Improvement, Inc. (NCASI), P.O. Box 133318, Research Triangle Park, NC 27709-3318 or at http://www.ncasi.org. (1) NCASI Method DI/MEOH-94.03, Methanol in Process Liquids and Wastewaters by GC/FID, Issued May 2000, IBR approved for §§ 63.457 and 63.459. (2) NCASI Method CI/WP-98.01, Chilled Impinger Method For Use At Wood Products Mills to Measure Formaldehyde, Methanol, and Phenol, 1998, Methods Manual, IBR approved for table 4 to subpart DDDD. (3) NCASI Method DI/HAPS-99.01, Selected HAPs In Condensates by GC/FID, Issued February 2000, IBR approved for § 63.459(b). (4) NCASI Method IM/CAN/WP-99.02, Impinger/Canister Source Sampling Method for Selected HAPs and Other Compounds at Wood Products Facilities, January 2004, Methods Manual, IBR approved for table 4 to subpart DDDD. (5) NCASI Method ISS/FP A105.01, Impinger Source Sampling Method for Selected Aldehydes, Ketones, and Polar Compounds, December 2005, Methods Manual, IBR approved for table 4 to subpart DDDD and §§ 63.4751(i) and 63.4752(e). (r) National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800. (1) Handbook 44, Specificiations, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices 1998, IBR approved for § 63.1303(e). (2) “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, Third Edition. (A suffix of “A” in the method number indicates revision one (the method has been revised once). A suffix of “B” in the method number indicates revision two (the method has been revised twice). (i) Method 0023A, “Sampling Method for Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofuran Emissions from Stationary Sources,” Revision 2, dated August 2018, IBR approved for § 63.1208(b). (ii) Method 9071B, “n-Hexane Extractable Material (HEM) for Sludge, Sediment, and Solid Samples,” dated April 1998, IBR approved for § 63.7824(e). (iii) Method 9095A, “Paint Filter Liquids Test,” dated December 1996, IBR approved for §§ 63.7700(b) and 63.7765. (iv) Method 9095B, “Paint Filter Liquids Test,” (revision 2), dated November 2004, IBR approved for the definition of “Free organic liquids” in §§ 63.10692, 63.10885(a), and the definition of “Free liquids” in § 63.10906. (v) SW-846 74741B, Revision 2, “Mercury in Solid or Semisolid Waste (Manual Cold-Vapor Technique),” February 2007, IBR approved for § 63.11647(f). (3) National Institute of Occupational Safety and Health (NIOSH) test method compendium, “NIOSH Manual of Analytical Methods,” NIOSH publication no. 94-113, Fourth Edition, August 15, 1994. (i) NIOSH Method 2010, “Amines, Aliphatic,” Issue 2, August 15, 1994, IBR approved for § 63.7732(g). (ii) [Reserved] (s) North American Electric Reliability Corporation, 1325 G Street, NW., Suite 600, Washington, DC 20005-3801, http://www.nerc.com, http://www.nerc.com/files/EOP0002-3_1.pdf. (1) North American Electric Reliability Corporation Reliability Standard EOP-002-3, Capacity and Energy Emergencies, adopted August 5, 2010, IBR approved for § 63.6640(f). (2)[Reserved] (t) Technical Association of the Pulp and Paper Industry (TAPPI), 15 Technology Parkway South, Norcross, GA 30092, (800) 332-8686, http://www.tappi.org. (1) TAPPI T 266, Determination of Sodium, Calcium, Copper, Iron, and Manganese in Pulp and Paper by Atomic Absorption Spectroscopy (Reaffirmation of T 266 om-02), Draft No. 2, July 2006, IBR approved for table 6 to subpart DDDDD. (2) [Reserved] (u) Texas Commission on Environmental Quality (TCEQ) Library, Post Office Box 13087, Austin, Texas 78711-3087; phone: (512) 239-0028; email: info@www.tceq.texas.gov www.tceq.texas.gov (1) “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources,” Revision Number One, dated January 2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, January 31, 2003; IBR approved for §§ 63.104(f) and (g); 63.654(c) and (g); 63.655(i); 63.1086(e); 63.1089; 63.2490(d); 63.2525(r); 63.11920. (Available from: www.tceq.texas.gov/downloads/compliance/investigations/assistance/samplingappp.pdf (2) [Reserved] [79 FR 11277, Feb. 27, 2014] Editorial Notes: 1. For Federal Register www.govinfo.gov. 2. At 91 FR 37274, June 22, 2026, as required by the Congressional Review Act and Public Law 119-14, the Environmental Protection Agency removed all amendments to § 63.14 published at 89 FR 94886, Nov. 29, 2024. § 63.15 Availability of information and confidentiality. (a) Availability of information. (2) The availability to the public of information provided to or otherwise obtained by the Administrator under this part shall be governed by part 2 of this chapter. (b) Confidentiality. (2) The contents of a title V permit shall not be entitled to protection under section 114(c) of the Act; however, information submitted as part of an application for a title V permit may be entitled to protection from disclosure. § 63.16 Performance Track Provisions. (a) Notwithstanding any other requirements in this part, an affected source at any major source or any area source at a Performance Track member facility, which is subject to regular periodic reporting under any subpart of this part, may submit such periodic reports at an interval that is twice the length of the regular period specified in the applicable subparts; provided, that for sources subject to permits under 40 CFR part 70 or 71 no interval so calculated for any report of the results of any required monitoring may be less frequent than once in every six months. (b) Notwithstanding any other requirements in this part, the modifications of reporting requirements in paragraph (c) of this section apply to any major source at a Performance Track member facility which is subject to requirements under any of the subparts of this part and which has: (1) Reduced its total HAP emissions to less than 25 tons per year; (2) Reduced its emissions of each individual HAP to less than 10 tons per year; and (3) Reduced emissions of all HAPs covered by each MACT standard to at least the level required for full compliance with the applicable emission standard. (c) For affected sources at any area source at a Performance Track member facility and which meet the requirements of paragraph (b)(3) of this section, or for affected sources at any major source that meet the requirements of paragraph (b) of this section: (1) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using add-on control technology, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is meeting the emission standard by continuing to use that control technology. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3). (2) If the emission standard to which the affected source is subject is based on add-on control technology, and the affected source complies by using pollution prevention, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions to levels at or below those required by the applicable emission standard. The affected source must maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3). (3) If the emission standard to which the affected source is subject is based on pollution prevention, and the affected source complies by using pollution prevention and reduces emissions by an additional 50 percent or greater than required by the applicable emission standard, then all required reporting elements in the periodic report may be met through an annual certification that the affected source is continuing to use pollution prevention to reduce HAP emissions by an additional 50 percent or greater than required by the applicable emission standard. The affected source must maintain records of all calculations that demonstrate the level of HAP emissions required by the emission standard as well as the level of HAP emissions achieved by the affected source. The affected source must continue to meet all relevant monitoring and recordkeeping requirements. The compliance certification must meet the requirements delineated in Clean Air Act section 114(a)(3). (4) Notwithstanding the provisions of paragraphs (c)(1) through (3), of this section, for sources subject to permits under 40 CFR part 70 or 71, the results of any required monitoring and recordkeeping must be reported not less frequently than once in every six months. [69 FR 21753, Apr. 22, 2004] Table 1 to Subpart A of Part 63—Detection Sensitivity Levels (grams per hour) Monitoring frequency per subpart a Detection sensitivity level Bi-Monthly 60 Semi-Quarterly 85 Monthly 100 a [73 FR 78213, Dec. 22, 2008] Subpart B—Requirements for Control Technology Determinations for Major Sources in Accordance With Clean Air Act Sections, Sections 112(g) and 112(j) Source: 59 FR 26449, May 20, 1994, unless otherwise noted. § 63.40 Applicability of §§ 63.40 through 63.44. (a) Applicability. (b) Overall requirements. (c) Exclusion for electric utility steam generating units. (d) Relationship to State and local requirements. (e) Exclusion for stationary sources in deleted source categories. (f) Exclusion for research and development activities. [61 FR 68399, Dec. 27, 1996] § 63.41 Definitions. Terms used in this subpart that are not defined in this section have the meaning given to them in the Act and in subpart A. Affected source Affected States (1) Whose air quality may be affected and that are contiguous to the State in which a MACT determination is made in accordance with this subpart; or (2) Whose air quality may be affected and that are within 50 miles of the major source for which a MACT determination is made in accordance with this subpart. Available information (1) A relevant proposed regulation, including all supporting information; (2) Background information documents for a draft or proposed regulation; (3) Data and information available for the Control Technology Center developed pursuant to section 113 of the Act; (4) Data and information contained in the Aerometric Informational Retrieval System including information in the MACT data base; (5) Any additional information that can be expeditiously provided by the Administrator; and (6) For the purpose of determinations by the permitting authority, any additional information provided by the applicant or others, and any additional information considered available by the permitting authority. Construct a major source (1) To fabricate, erect, or install at any greenfield site a stationary source or group of stationary sources which is located within a contiguous area and under common control and which emits or has the potential to emit 10 tons per year of any HAP's or 25 tons per year of any combination of HAP, or (2) To fabricate, erect, or install at any developed site a new process or production unit which in and of itself emits or has the potential to emit 10 tons per year of any HAP or 25 tons per year of any combination of HAP, unless the process or production unit satisfies criteria in paragraphs (2) (i) through (vi) of this definition. (i) All HAP emitted by the process or production unit that would otherwise be controlled under the requirements of this subpart will be controlled by emission control equipment which was previously installed at the same site as the process or production unit; (ii) (A) The permitting authority has determined within a period of 5 years prior to the fabrication, erection, or installation of the process or production unit that the existing emission control equipment represented best available control technology (BACT), lowest achievable emission rate (LAER) under 40 CFR part 51 or 52, toxics—best available control technology (T-BACT), or MACT based on State air toxic rules for the category of pollutants which includes those HAP's to be emitted by the process or production unit; or (B) The permitting authority determines that the control of HAP emissions provided by the existing equipment will be equivalent to that level of control currently achieved by other well-controlled similar sources (i.e., equivalent to the level of control that would be provided by a current BACT, LAER, T-BACT, or State air toxic rule MACT determination); (iii) The permitting authority determines that the percent control efficiency for emissions of HAP from all sources to be controlled by the existing control equipment will be equivalent to the percent control efficiency provided by the control equipment prior to the inclusion of the new process or production unit; (iv) The permitting authority has provided notice and an opportunity for public comment concerning its determination that criteria in paragraphs (2)(i), (2)(ii), and (2)(iii) of this definition apply and concerning the continued adequacy of any prior LAER, BATC, T-BACT, or State air toxic rule MACT determination; (v) If any commenter has asserted that a prior LAER, BACT, T-BACT, or State air toxic rule MACT determination is no longer adequate, the permitting authority has determined that the level of control required by that prior determination remains adequate; and (vi) Any emission limitations, work practice requirements, or other terms and conditions upon which the above determinations by the permitting authority are applicable requirements under section 504(a) and either have been incorporated into any existing title V permit for the affected facility or will be incorporated into such permit upon issuance. Control technology (1) Reduce the quantity of, or eliminate emissions of, such pollutants through process changes, substitution of materials or other modifications; (2) Enclose systems or processes to eliminate emissions; (3) Collect, capture or treat such pollutants when released from a process, stack, storage or fugitive emissions point; (4) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or (5) Are a combination of paragraphs (1) through (4) of this definition. Effective date of section 112(g)(2)(B) in a State or local jurisdiction Electric utility steam generating unit Greenfield suite List of Source Categories Maximum achievable control technology (MACT) emission limitation for new sources Notice of MACT Approval Permitting authority Process or production unit Reconstruct a major source (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable process or production unit; and (2) It is technically and economically feasible for the reconstructed major source to meet the applicable maximum achievable control technology emission limitation for new sources established under this subpart. Research and development activities de minimis Similar source [61 FR 68399, Dec. 27, 1996] § 63.42 Program requirements governing construction or reconstruction of major sources. (a) Adoption of program. (1) To require that any owner or operator of a stationary source comply with any requirement adopted by the permitting authority which is not intended to implement section 112(g) with respect to construction or reconstruction of major sources of HAP; or (2) To preclude the permitting authority from enforcing any requirements not intended to implement section 112(g) with respect to construction or reconstruction of major sources of HAP under any other provision of applicable law. (b) Failure to adopt program. (c) Prohibition. (1) The major source in question has been specifically regulated or exempted from regulation under a standard issued pursuant to section 112(d), section 112(h) or section 112(j) in part 63, and the owner and operator has fully complied with all procedures and requirements for preconstruction review established by that standard, including any applicable requirements set forth in subpart A of this part 63; or (2) The permitting authority has made a final and effective case-by-case determination pursuant to the provisions of § 63.43 such that emissions from the constructed or reconstructed major source will be controlled to a level no less stringent than the maximum achievable control technology emission limitation for new sources. [61 FR 68400, Dec. 27, 1996, as amended at 64 FR 35032, June 30, 1999] § 63.43 Maximum achievable control technology (MACT) determinations for constructed and reconstructed major sources. (a) Applicability. (b) Requirements for constructed and reconstructed major sources. (c) Review options. (2) When an owner or operator is not required to obtain or revise a title V permit (or other permit issued pursuant to title V of the Act) before construction or reconstruction, the owner or operator (unless the owner or operator voluntarily follows the process to obtain a title V permit) shall either, at the discretion of the permitting authority: (i) Apply for and obtain a Notice of MACT Approval according to the procedures outlined in paragraphs (f) through (h) of this section; or (ii) Apply for a MACT determination under any other administrative procedures for preconstruction review and approval established by the permitting authority for a State or local jurisdiction which provide for public participation in the determination, and ensure that no person may begin actual construction or reconstruction of a major source in that State or local jurisdiction unless the permitting authority determines that the MACT emission limitation for new sources will be met. (3) When applying for a permit pursuant to title V of the Act, an owner or operator may request approval of case-by-case MACT determinations for alternative operating scenarios. Approval of such determinations satisfies the requirements of section 112(g) of each such scenario. (4) Regardless of the review process, the MACT emission limitation and requirements established shall be effective as required by paragraph (j) of this section, consistent with the principles established in paragraph (d) of this section, and supported by the information listed in paragraph (e) of this section. The owner or operator shall comply with the requirements in paragraphs (k) and (l) of this section, and with all applicable requirements in subpart A of this part. (d) Principles of MACT determinations. (1) The MACT emission limitation or MACT requirements recommended by the applicant and approved by the permitting authority shall not be less stringent than the emission control which is achieved in practice by the best controlled similar source, as determined by the permitting authority. (2) Based upon available information, as defined in this subpart, the MACT emission limitation and control technology (including any requirements under paragraph (d)(3) of this section) recommended by the applicant and approved by the permitting authority shall achieve the maximum degree of reduction in emissions of HAP which can be achieved by utilizing those control technologies that can be identified from the available information, taking into consideration the costs of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements associated with the emission reduction. (3) The applicant may recommend a specific design, equipment, work practice, or operational standard, or a combination thereof, and the permitting authority may approve such a standard if the permitting authority specifically determines that it is not feasible to prescribe or enforce an emission limitation under the criteria set forth in section 112(h)(2) of the Act. (4) If the Administrator has either proposed a relevant emission standard pursuant to section 112(d) or section 112(h) of the Act or adopted a presumptive MACT determination for the source category which includes the constructed or reconstructed major source, then the MACT requirements applied to the constructed or reconstructed major source shall have considered those MACT emission limitations and requirements of the proposed standard or presumptive MACT determination. (e) Application requirements for a case-by-case MACT determination. (2) In each instance where a constructed or reconstructed major source would require additional control technology or a change in control technology, the application for a MACT determination shall contain the following information: (i) The name and address (physical location) of the major source to be constructed or reconstructed; (ii) A brief description of the major source to be constructed or reconstructed and identification of any listed source category or categories in which it is included; (iii) The expected commencement date for the construction or reconstruction of the major source; (iv) The expected completion date for construction or reconstruction of the major source; (v) the anticipated date of start-up for the constructed or reconstructed major source; (vi) The HAP emitted by the constructed or reconstructed major source, and the estimated emission rate for each such HAP, to the extent this information is needed by the permitting authority to determine MACT; (vii) Any federally enforceable emission limitations applicable to the constructed or reconstructed major source; (viii) The maximum and expected utilization of capacity of the constructed or reconstructed major source, and the associated uncontrolled emission rates for that source, to the extent this information is needed by the permitting authority to determine MACT; (ix) The controlled emissions for the constructed or reconstructed major source in tons/yr at expected and maximum utilization of capacity, to the extent this information is needed by the permitting authority to determine MACT; (x) A recommended emission limitation for the constructed or reconstructed major source consistent with the principles set forth in paragraph (d) of this section; (xi) The selected control technology to meet the recommended MACT emission limitation, including technical information on the design, operation, size, estimated control efficiency of the control technology (and the manufacturer's name, address, telephone number, and relevant specifications and drawings, if requested by the permitting authority); (xii) Supporting documentation including identification of alternative control technologies considered by the applicant to meet the emission limitation, and analysis of cost and non-air quality health environmental impacts or energy requirements for the selected control technology; and (xiii) Any other relevant information required pursuant to subpart A. (3) In each instance where the owner or operator contends that a constructed or reconstructed major source will be in compliance, upon startup, with case-by-case MACT under this subpart without a change in control technology, the application for a MACT determination shall contain the following information: (i) The information described in paragraphs (e)(2)(i) through (e)(2)(x) of this section; and (ii) Documentation of the control technology in place. (f) Administrative procedures for review of the Notice of MACT Approval. (2) The permitting authority will initially approve the recommended MACT emission limitation and other terms set forth in the application, or the permitting authority will notify the owner or operator in writing of its intent to disapprove the application, within 30 calendar days after the owner or operator is notified in writing that the application is complete. (3) The owner or operator may present, in writing, within 60 calendar days after receipt of notice of the permitting authority's intent to disapprove the application, additional information or arguments pertaining to, or amendments to, the application for consideration by the permitting authority before it decides whether to finally disapprove the application. (4) The permitting authority will either initially approve or issue a final disapproval of the application within 90 days after it notifies the owner or operator of an intent to disapprove or within 30 days after the date additional information is received from the owner or operator; whichever is earlier. (5) A final determination by the permitting authority to disapprove any application will be in writing and will specify the grounds on which the disapproval is based. If any application is finally disapproved, the owner or operator may submit a subsequent application concerning construction or reconstruction of the same major source, provided that the subsequent application has been amended in response to the stated grounds for the prior disapproval. (6) An initial decision to approve an application for a MACT determination will be set forth in the Notice of MACT Approval as described in paragraph (g) of this section. (g) Notice of MACT Approval. (2) The Notice of MACT Approval will specify any notification, operation and maintenance, performance testing, monitoring, reporting and record keeping requirements. The Notice of MACT Approval shall include: (i) In addition to the MACT emission limitation or MACT work practice standard established under this subpart, additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure Federal enforceability of the MACT emission limitation; (ii) Compliance certifications, testing, monitoring, reporting and record keeping requirements that are consistent with the requirements of § 70.6(c) of this chapter; (iii) In accordance with section 114(a)(3) of the Act, monitoring shall be capable of demonstrating continuous compliance during the applicable reporting period. Such monitoring data shall be of sufficient quality to be used as a basis for enforcing all applicable requirements established under this subpart, including emission limitations; (iv) A statement requiring the owner or operator to comply with all applicable requirements contained in subpart A of this part; (3) All provisions contained in the Notice of MACT Approval shall be federally enforceable upon the effective date of issuance of such notice, as provided by paragraph (j) of this section. (4) The Notice of MACT Approval shall expire if construction or reconstruction has not commenced within 18 months of issuance, unless the permitting authority has granted an extension which shall not exceed an additional 12 months. (h) Opportunity for public comment on the Notice of MACT Approval. (i) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the permitting authority's initial decision to approve the application; (ii) A 30-day period for submittal of public comment; and (iii) A notice by prominent advertisement in the area affected of the location of the source information and initial decision specified in paragraph (h)(1)(i) of this section. (2) At the discretion of the permitting authority, the Notice of MACT Approval setting forth the initial decision to approve the application may become final automatically at the end of the comment period if no adverse comments are received. If adverse comments are received, the permitting authority shall have 30 days after the end of the comment period to make any necessary revisions in its analysis and decide whether to finally approve the application. (i) EPA notification. (j) Effective date. (k) Compliance date. (l) Compliance with MACT determinations. (2) An owner or operator of a constructed or reconstructed major source which has obtained a MACT determination shall be deemed to be in compliance with section 112(g)(2)(B) of the Act only to the extent that the constructed or reconstructed major source is in compliance with all requirements set forth in the final Notice of MACT Approval, the title V permit (in those instances where the owner or operator either is required or elects to obtain such a permit before construction or reconstruction), or any other final notice of approval issued pursuant to paragraph (c)(2)(ii) of this section. Any violation of such requirements by the owner or operator shall be deemed by the permitting authority and by EPA to be a violation of the prohibition on construction or reconstruction in section 112(g)(2)(B) for whatever period the owner or operator is determined to be in violation of such requirements, and shall subject the owner or operator to appropriate enforcement action under the Act. (m) Reporting to the Administrator. [61 FR 68401, Dec. 27, 1996] § 63.44 Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirement. (a) If the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which would be deemed to be a constructed or reconstructed major source under this subpart before the date that the owner or operator has obtained a final and legally effective MACT determination under any of the review options available pursuant to § 63.43, the owner or operator of the source(s) shall comply with the promulgated standard or determination rather than any MACT determination under section 112(g) by the permitting authority, and the owner or operator shall comply with the promulgated standard by the compliance date in the promulgated standard. (b) If the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority makes a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this subpart and has been subject to a prior case-by-case MACT determination pursuant to § 63.43, and the owner and operator obtained a final and legally effective case-by-case MACT determination prior to the promulgation date of such emission standard, then the permitting authority shall (if the initial title V permit has not yet been issued) issue an initial operating permit which incorporates the emission standard or determination, or shall (if the initial title V permit has been issued) revise the operating permit according to the reopening procedures in 40 CFR part 70 or part 71, whichever is relevant, to incorporate the emission standard or determination. (1) The EPA may include in the emission standard established under section 112(d) or section 112(h) of the Act a specific compliance date for those sources which have obtained a final and legally effective MACT determination under this subpart and which have submitted the information required by § 63.43 to the EPA before the close of the public comment period for the standard established under section 112(d) of the Act. Such date shall assure that the owner or operator shall comply with the promulgated standard as expeditiously as practicable, but not longer than 8 years after such standard is promulgated. In that event, the permitting authority shall incorporate the applicable compliance date in the title V operating permit. (2) If no compliance date has been established in the promulgated 112(d) or 112(h) standard or section 112(j) determination, for those sources which have obtained a final and legally effective MACT determination under this subpart, then the permitting authority shall establish a compliance date in the permit that assures that the owner or operator shall comply with the promulgated standard or determination as expeditiously as practicable, but not longer than 8 years after such standard is promulgated or a section 112(j) determination is made. (c) Notwithstanding the requirements of paragraphs (a) and (b) of this section, if the Administrator promulgates an emission standard under section 112(d) or section 112(h) of the Act or the permitting authority issues a determination under section 112(j) of the Act that is applicable to a stationary source or group of sources which was deemed to be a constructed or reconstructed major source under this subpart and which is the subject of a prior case-by-case MACT determination pursuant to § 63.43, and the level of control required by the emission standard issued under section 112(d) or section 112(h) or the determination issued under section 112(j) is less stringent than the level of control required by any emission limitation or standard in the prior MACT determination, the permitting authority is not required to incorporate any less stringent terms of the promulgated standard in the title V operating permit applicable to such source(s) and may in its discretion consider any more stringent provisions of the prior MACT determination to be applicable legal requirements when issuing or revising such an operating permit. [61 FR 68404, Dec. 27, 1996] §§ 63.45-63.49 [Reserved] § 63.50 Applicability. (a) General applicability. (2) The requirements of this section through § 63.56 apply to: (i) The owner or operator of affected sources within a source category or subcategory under this part that are located at a major source that is subject to an approved title V permit program and for which the Administrator has failed to promulgate emission standards by the section 112(j) deadlines. If title V applicability has been deferred for a source category, then section 112(j) is not applicable for sources in that category within that State, local or tribal jurisdiction until those sources become subject to title V permitting requirements; and (ii) Permitting authorities with an approved title V permit program. (b) Relationship to State and local requirements. Nothing in §§ 63.50 through 63.56 shall prevent a State or local regulatory agency from imposing more stringent requirements, as a matter of State or local law, than those contained in §§ 63.50 through 63.56. (c) The procedures in §§ 63.50 through 63.56 apply for each affected source only after the section 112(j) deadline for the source category or subcategory in question has passed, and only until such time as a generally applicable Federal standard governing that source has been promulgated under section 112(d) or 112(h) of the Act. Once a generally applicable Federal standard governing that source has been promulgated, the owner or operator of the affected source and the permitting authority are not required to take any further actions to develop an equivalent emission limitation under section 112(j) of the Act. (d) Any final equivalent emission limitation for an affected source which is issued by the permitting authority pursuant to §§ 63.50 through 63.56 prior to promulgation of a generally applicable Federal standard governing that source under section 112(d) or 112(h) of the Act shall be deemed an applicable Federal requirement adopted pursuant to section 112(j) of the Act. Each such equivalent emission limitation shall take effect upon issuance of the permit containing that limitation under section 112(j)(5) of the Act, and shall remain applicable to the source until such time as it may be revised or supplanted pursuant to the procedures established by §§ 63.50 through 63.56. Such a final equivalent emission limitation, and all associated requirements adopted pursuant to § 63.52(f)(2), are directly enforceable under Federal law regardless of whether or not any permit in which they may be contained remains in effect. [59 FR 26449, May 20, 1994, as amended at 67 FR 16605, Apr. 5, 2002; 68 FR 32601, May 30, 2003] § 63.51 Definitions. Terms used in §§ 63.50 through 63.56 that are not defined in this section have the meaning given to them in the Act, or in subpart A of this part. Affected source Available information (1) A relevant proposed regulation, including all supporting information; (2) Relevant background information documents for a draft or proposed regulation. (3) Any relevant regulation, information or guidance collected by the Administrator establishing a MACT floor finding and/or MACT determination. (4) Relevant data and information available from the Clean Air Technology Center developed pursuant to section 112(l)(3) of the Act. (5) Relevant data and information contained in the Aerometric Information Retrieval System (AIRS). (6) Any additional information that can be expeditiously provided by the Administrator, and (7) Any information provided by applicants in an application for a permit, permit modification, administrative amendment, or Notice of MACT Approval pursuant to the requirements of this subpart. (8) Any additional relevant information provided by the applicant. Control technology (1) Reduce the quantity, or eliminate emissions, of such pollutants through process changes, substitution of materials or other modifications; (2) Enclose systems or processes to eliminate emissions; (3) Collect, capture, or treat such pollutants when released from a process, stack, storage or fugitive emissions point; (4) Are design, equipment, work practice, or operational standards (including requirements for operator training or certification) as provided in 42 U.S.C. 7412(h); or (5) Are a combination of paragraphs (1) through (4) of this definition. Enhanced review Equivalent emission limitation Maximum achievable control technology (MACT) emission limitation for existing sources Maximum achievable control technology (MACT) emission limitation for new sources Maximum Achievable Control Technology (MACT) floor (1) For existing sources: (i) The average emission limitation achieved by the best performing 12 percent of the existing sources in the United States (for which the Administrator has emissions information), excluding those sources that have, within 18 months before the emission standard is proposed or within 30 months before such standard is promulgated, whichever is later, first achieved a level of emission rate or emission reduction which complies, or would comply if the source is not subject to such standard, with the lowest achievable emission rate (as defined in section 171 of the Act) applicable to the source category and prevailing at the time, in the category or subcategory, for categories and subcategories of stationary sources with 30 or more sources; or (ii) The average emission limitation achieved by the best performing five sources (for which the Administrator has or could reasonably obtain emissions information) in the category or subcategory, for categories or subcategories with fewer than 30 sources; (2) For new sources, the emission limitation achieved in practice by the best controlled similar source. New affected source (1) Emission reduction impacts of controlling individual sources versus groups of sources; (2) Cost effectiveness of controlling individual equipment; (3) Flexibility to accommodate common control strategies; (4) Cost/benefits of emissions averaging; (5) Incentives for pollution prevention; (6) Feasibility and cost of controlling processes that share common equipment (e.g., product recovery devices); (7) Feasibility and cost of monitoring; and (8) Other relevant factors. Permitting authority Research or laboratory activities Section 112(j) deadline Similar source Source category schedule for standards [59 FR 26449, May 20, 1994, as amended at 61 FR 21372, May 10, 1996; 64 FR 26314, May 14, 1999; 67 FR 16605, Apr. 5, 2002] § 63.52 Approval process for new and existing affected sources. (a) Sources subject to section 112(j) as of the section 112(j) deadline. (1) The owner or operator must submit an application for a title V permit or for a revision to an existing title V permit or a pending title V permit meeting the requirements of § 63.53(a) by the section 112(j) deadline if the owner or operator can reasonably determine that one or more sources at the major source belong in the category or subcategory subject to section 112(j). (2) If an application was not submitted under paragraph (a)(1) of this section and if notified by the permitting authority, the owner or operator must submit an application for a title V permit or for a revision to an existing title V permit or a pending title V permit meeting the requirements of § 63.53(a) within 30 days after being notified in writing by the permitting authority that one or more sources at the major source belong to such category or subcategory. Permitting authorities are not required to make such notification. (3) The requirements in paragraphs (a)(3)(i) through (ii) of this section apply when the owner or operator has obtained a title V permit that incorporates a case-by-case MACT determination by the permitting authority under section 112(g) or has submitted a title V permit application for a revision that incorporates a case-by-case MACT determination under section 112(g), but has not submitted an application for a title V permit revision that addresses the emission limitation requirements of section 112(j). (i) When the owner or operator has a title V permit that incorporates a case-by-case MACT determination by the permitting authority under section 112(g), the owner or operator must submit an application meeting the requirements of § 63.53(a) for a title V permit revision within 30 days of the section 112(j) deadline or within 30 days of being notified in writing by the permitting authority that one or more sources at the major source belong in such category or subcategory. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements. (ii) When the owner or operator has submitted a title V permit application that incorporates a case-by-case MACT determination by the permitting authority under section 112(g), but has not received the permit incorporating the section 112(g) requirements, the owner or operator must continue to pursue a title V permit that addresses the emission limitation requirements of section 112(g). Within 30 days of issuance of that title V permit, the owner or operator must submit an application meeting the requirements of § 63.53(a) for a change to the existing title V permit. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements. (b) Sources that become subject to section 112(j) after the section 112(j) deadline and that do not have a title V permit addressing section 112(j) requirements. (1) When one or more sources in a category or subcategory subject to the requirements of this subpart are installed at a major source, or result in the source becoming a major source due to the installation, and the installation does not invoke section 112(g) requirements, the owner or operator must submit an application meeting the requirements of § 63.53(a) within 30 days of startup of the source. This application shall be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources. (2) The requirements in this paragraph apply when one or more sources in a category or subcategory subject to this subpart are installed at a major source, or result in the source becoming a major source due to the installation, and the installation does require emission limitations to be established and permitted under section 112(g), and the owner or operator has not submitted an application for a title V permit revision that addresses the emission limitation requirements of section 112(j). In this case, the owner or operator must apply for and obtain a title V permit that addresses the emission limitation requirements of section 112(g). Within 30 days of issuance of that title V permit, the owner or operator must submit an application meeting the requirements of § 63.53(a) for a revision to the existing title V permit. Using the procedures established in paragraph (e) of this section, the permitting authority must determine whether the emission limitations adopted pursuant to the prior case-by-case MACT determination under section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. If the permitting authority determines that the emission limitations previously adopted to effectuate section 112(g) are substantially as effective as the emission limitations which the permitting authority would otherwise adopt to effectuate section 112(j) for the source, then the permitting authority must retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j). The title V permit applicable to that source must be revised accordingly. If the permitting authority does not retain the existing emission limitations in the permit as the emission limitations to effectuate section 112(j), the MACT requirements of this subpart are satisfied upon issuance of a revised title V permit incorporating any additional section 112(j) requirements. (3) The owner or operator of an area source that, due to a relaxation in any federally enforceable emission limitation (such as a restriction on hours of operation), increases its potential to emit hazardous air pollutants such that the source becomes a major source that is subject to this subpart, must submit an application meeting the requirements of § 63.53(a) for a title V permit or for an application for a title V permit revision within 30 days after the date that such source becomes a major source. This application must be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, must apply to such sources. (4) On or after April 5, 2002, if the Administrator establishes a lesser quantity emission rate under section 112(a)(1) of the Act that results in an area source becoming a major source that is subject to this subpart, then the owner or operator of such a major source must submit an application meeting the requirements of § 63.53(a) for a title V permit or for a change to an existing title V permit or pending title V permit on or before the date 6 months after the date that such source becomes a major source. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources. (c) Sources that have a title V permit addressing section 112(j) requirements. (1) If the title V permit already provides the appropriate requirements that address the events that occur under paragraph (c) of this section subsequent to the section 112(j) deadline, then the source must comply with the applicable new source MACT or existing source MACT requirements as specified in the permit, and the section 112(j) requirements are thus satisfied. (2) If the title V permit does not contain the appropriate requirements that address the events that occur under paragraph (c) of this section subsequent to the section 112(j) deadline, then the owner or operator must submit an application for a revision to the existing title V permit that meets the requirements of § 63.53(a). The application must be submitted within 30 days of beginning construction and must be reviewed using the procedures established in paragraph (e) of this section. Existing source MACT requirements (including relevant compliance deadlines), as specified in a title V permit issued pursuant to the requirements of this subpart, shall apply to such sources. (d) Requests for applicability determination or notice of MACT approval. (2) In addition to meeting the requirements of paragraphs (a), (b), and (c) of this section, the owner or operator of a new affected source may submit an application for a Notice of MACT Approval before construction, pursuant to § 63.54. (e) Permit application review. (2) Notwithstanding paragraph (e)(1) of this section, the owner or operator may request either an applicability determination or an equivalency determination by the permitting authority as provided in paragraphs (e)(2)(i) and (ii) of this section. (i) Each owner or operator who submitted a request for an applicability determination pursuant to paragraph (d)(1) of this section on or before May 15, 2002, which remains pending before the permitting authority on May 30, 2003, and who still wishes to obtain such a determination, must resubmit that request by July 29, 2003, or by the date which is 60 days after the Administrator publishes in the Federal Register (ii) As specified in paragraphs (a) and (b) of this section, an owner or operator who has submitted an application meeting the requirements of § 63.53(a) may request a determination by the permitting authority of whether emission limitations adopted pursuant to a prior case-by-case MACT determination under section 112(g) that apply to one or more sources at a major source in a relevant category or subcategory are substantially as effective as the emission limitations which the permitting authority would otherwise adopt pursuant to section 112(j) for the source in question. Such a request must be submitted by the date for the category or subcategory in question specified in Table 1 to this subpart. Any owner or operator who previously submitted such a request under a prior version of this paragraph (e)(2)(ii) need not resubmit the request. Each request for an equivalency determination under this paragraph (e)(2)(ii), regardless of when it was submitted, will be construed in the alternative as a complete application for an equivalent emission limitation under section 112(j). The process for determination by the permitting authority of whether the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations which the permitting authority would otherwise adopt under section 112(j) must include the opportunity for full public, EPA, and affected State review prior to a final determination. If the permitting authority determines that the emission limitations in the prior case-by-case MACT determination are substantially as effective as the emission limitations which the permitting authority would otherwise adopt under section 112(j), then the permitting authority must adopt the existing emission limitations in the permit as the emission limitations to effectuate section 112(j) for the source in question. If more than 3 years remain on the current title V permit, the owner or operator must submit an application for a title V permit revision to make any conforming changes in the permit required to adopt the existing emission limitations as the section 112(j) MACT emission limitations. If less than 3 years remain on the current title V permit, any required conforming changes must be made when the permit is renewed. If the permitting authority determines that the emission limitations in the prior case-by-case MACT determination under section 112(g) are not substantially as effective as the emission limitations which the permitting authority would otherwise adopt for the source in question under section 112(j), the permitting authority must make a new MACT determination and adopt a title V permit incorporating an appropriate equivalent emission limitation under section 112(j). Such a determination constitutes final action for purposes of judicial review under 40 CFR 70.4(b)(3)(x) and corresponding State title V program provisions. (3) Within 60 days of submittal of the Part 2 MACT application, the permitting authority must notify the owner or operator in writing whether the application is complete or incomplete. The Part 2 MACT application shall be deemed complete on the date it was submitted unless the permitting authority notifies the owner or operator in writing within 60 days of the submittal that the Part 2 MACT application is incomplete. A Part 2 MACT application is complete if it is sufficient to begin processing the application for a title V permit addressing section 112(j) requirements. In the event that the permitting authority disapproves a permit application or determines that the application is incomplete, the owner or operator must revise and resubmit the application to meet the objections of the permitting authority. The permitting authority must specify a reasonable period in which the owner or operator is required to remedy the deficiencies in the disapproved or incomplete application. This period may not exceed 6 months from the date the owner or operator is first notified that the application has been disapproved or is incomplete. (4) Following submittal of a Part 1 or Part 2 MACT application, the permitting authority may request additional information from the owner or operator. The owner or operator must respond to such requests in a timely manner. (5) If the owner or operator has submitted a timely and complete application as required by this section, any failure to have a title V permit addressing section 112(j) requirements shall not be a violation of section 112(j), unless the delay in final action is due to the failure of the applicant to submit, in a timely manner, information required or requested to process the application. Once a complete application is submitted, the owner or operator shall not be in violation of the requirement to have a title V permit addressing section 112(j) requirements. (f) Permit content. (1) The title V permit must contain an emission standard or emission limitation that is equivalent to existing source MACT and an emission standard or emission limitation that is equivalent to new source MACT for control of emissions of hazardous air pollutants. The MACT emission standards or limitations must be determined by the permitting authority and must be based on the degree of emission reductions that can be achieved if the control technologies or work practices are installed, maintained, and operated properly. The permit must also specify the affected source and the new affected source. If construction of a new affected source or reconstruction of an affected source commences after a title V permit meeting the requirements of section 112(j) has been issued for the source, the new source MACT compliance dates must apply. (2) The title V permit must specify any notification, operation and maintenance, performance testing, monitoring, and reporting and recordkeeping requirements. In developing the title V permit, the permitting authority must consider and specify the appropriate provisions of subpart A of this part. The title V permit must also include the information in paragraphs (f)(2)(i) through (iii) of this section. (i) In addition to the MACT emission limitation required by paragraph (f)(1) of this section, additional emission limits, production limits, operational limits or other terms and conditions necessary to ensure practicable enforceability of the MACT emission limitation. (ii) Compliance certifications, testing, monitoring, reporting and recordkeeping requirements that are consistent with requirements established pursuant to title V and paragraph (h) of this section. (iii) Compliance dates by which the owner or operator must be in compliance with the MACT emission limitation and all other applicable terms and conditions of the permit. (A) The owner or operator of an affected source subject to the requirements of this subpart must comply with the emission limitation(s) by the date established in the source's title V permit. In no case shall such compliance date be later than 3 years after the issuance of the permit for that source, except where the permitting authority issues a permit that grants an additional year to comply in accordance with section 112(i)(3)(B) of the Act, or unless otherwise specified in section 112(i), or in subpart D of this part. (B) The owner or operator of a new affected source, as defined in the title V permit meeting the requirements of section 112(j), that is subject to the requirements of this subpart must comply with a new source MACT level of control immediately upon startup of the new affected source. (g) Permit issuance dates. (h) Enhanced monitoring. (i) MACT emission limitations. (2) The owner or operator of new affected sources subject to paragraph (c)(1) of this section must comply with all requirements of this subpart that are applicable to new affected sources, including the compliance date for new affected sources established in paragraph (f)(2)(iii)(B) of this section. [67 FR 16606, Apr. 5, 2002; 68 FR 32602, May 30, 2003] § 63.53 Application content for case-by-case MACT determinations. (a) Part 1 MACT application. (1) The name and address (physical location) of the major source. (2) A brief description of the major source and an identification of the relevant source category. (3) An identification of the types of emission points belonging to the relevant source category. (4) An identification of any affected sources for which a section 112(g) MACT determination has been made. (b) Part 2 MACT application. (2) The Part 2 application for a MACT determination must contain the information in paragraphs (b)(2)(i) through (b)(2)(v) of this section. (i) For a new affected source, the anticipated date of startup of operation. (ii) Each emission point or group of emission points at the affected source which is part of a category or subcategory for which a Part 2 MACT application is required, and each of the hazardous air pollutants emitted at those emission points. When the Administrator has proposed a standard pursuant to section 112(d) or 112(h) of the Act for a category or subcategory, such information may be limited to those emission points and hazardous air pollutants which would be subject to control under the proposed standard. (iii) Any existing Federal, State, or local limitations or requirements governing emissions of hazardous air pollutants from those emission points which are part of a category or subcategory for which a Part 2 application is required. (iv) For each identified emission point or group of affected emission points, an identification of control technology in place. (v) Any additional emission data or other information specifically requested by the permitting authority. (3) The Part 2 application for a MACT determination may, but is not required to, contain the following information: (i) Recommended emission limitations for the affected source and support information consistent with § 63.52(f). The owner or operator may recommend a specific design, equipment, work practice, or operational standard, or combination thereof, as an emission limitation. (ii) A description of the control technologies that would be applied to meet the emission limitation including technical information on the design, operation, size, estimated control efficiency and any other information deemed appropriate by the permitting authority, and identification of the affected sources to which the control technologies must be applied. (iii) Relevant parameters to be monitored and frequency of monitoring to demonstrate continuous compliance with the MACT emission limitation over the applicable reporting period. [67 FR 16609, Apr. 5, 2002, as amended at 68 FR 32602, May 30, 2003] § 63.54 Preconstruction review procedures for new affected sources. The requirements of this section apply to an owner or operator who constructs a new affected source subject to § 63.52(c)(1). The purpose of this section is to describe alternative review processes that the permitting authority may use to make a MACT determination for the new affected source. (a) Review process for new affected sources. (2) If an owner or operator is not required to obtain or revise a title V permit before construction of the new affected source (and has not elected to do so), but the new affected source is covered by any preconstruction or preoperation review requirements established pursuant to section 112(g) of the Act, then the owner or operator must comply with those requirements in order to ensure that the requirements of section 112(j) and (g) are satisfied. If the new affected source is not covered by section 112(g), the permitting authority, in its discretion, may issue a Notice of MACT Approval, or the equivalent, in accordance with the procedures set forth in paragraphs (b) through (f) of this section, or an equivalent permit review process, before construction or operation of the new affected source. (3) Regardless of the review process, the MACT determination shall be consistent with the principles established in § 63.55. The application for a Notice of MACT Approval or a title V permit, permit modification, or administrative amendment, whichever is applicable, shall include the documentation required by § 63.53. (b) Optional administrative procedures for preconstruction or preoperation review for new affected sources. (1) The permitting authority will notify the owner or operator in writing as to whether the application for a MACT determination is complete or whether additional information is required. (2) The permitting authority will approve an applicant's proposed control technology, or the permitting authority will notify the owner or operator in writing of its intention to disapprove a control technology. (3) The owner or operator may present in writing, within a time frame specified by the permitting authority, additional information, considerations, or amendments to the application before the permitting authority's issuance of a final disapproval. (4) The permitting authority will issue a preliminary approval or issue a disapproval of the application, taking into account additional information received from the owner or operator. (5) A determination to disapprove any application will be in writing and will specify the grounds on which the disapproval is based. (6) Approval of an applicant's proposed control technology must be set forth in a Notice of MACT Approval (or the equivalent) as described in § 63.52(f). (c) Opportunity for public comment on Notice of MACT Approval. (1) Availability for public inspection in at least one location in the area affected of the information submitted by the owner or operator and of the permitting authority's tentative determination; (2) A period for submittal of public comment of at least 30 days; and (3) A notice by prominent advertisement in the area affected of the location of the source information and analysis specified in § 63.52(f). The form and content of the notice must be substantially equivalent to that found in § 70.7 of this chapter. (4) An opportunity for a public hearing, if one is requested. The permitting authority will give at least 30 days notice in advance of any hearing. (d) Review by the EPA and affected States. (e) Compliance with MACT determinations. (f) Equivalency under section 112(l). [59 FR 26449, May 20, 1994, as amended at 67 FR 16610, Apr. 5, 2002] § 63.55 Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations. (a) Requirements for permitting authorities. (1) Emission limitations must be established for the equipment and activities within the affected sources within a source category or subcategory for which the section 112(j) deadline has passed. (2) Each emission limitation for an existing affected source must reflect the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the permitting authority, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines is achievable by affected sources in the category or subcategory for which the section 112(j) deadline has passed. This limitation must not be less stringent than the MACT floor which must be established by the permitting authority according to the requirements of section 112(d)(3)(A) and (B) and must be based upon available information. (3) Each emission limitation for a new affected source must reflect the maximum degree of reduction in emissions of hazardous air pollutants (including a prohibition on such emissions, where achievable) that the permitting authority, taking into consideration the cost of achieving such emission reduction and any non-air quality health and environmental impacts and energy requirements, determines is achievable. This limitation must not be less stringent than the emission limitation achieved in practice by the best controlled similar source which must be established by the permitting authority according to the requirements of section 112(d)(3). This limitation must be based upon available information. (4) The permitting authority must select a specific design, equipment, work practice, or operational standard, or combination thereof, when it is not feasible to prescribe or enforce an equivalent emission limitation due to the nature of the process or pollutant. It is not feasible to prescribe or enforce a limitation when the Administrator determines that hazardous air pollutants cannot be emitted through a conveyance designed and constructed to capture such pollutant, or that any requirement for, or use of, such a conveyance would be inconsistent with any Federal, State, or local law, or the application of measurement methodology to a particular class of sources is not practicable due to technological and economic limitations. (5) Nothing in this subpart shall prevent a State or local permitting authority from establishing an emission limitation more stringent than required by Federal regulations. (b) Reporting to EPA. [67 FR 16610, Apr. 5, 2002] § 63.56 Requirements for case-by-case determination of equivalent emission limitations after promulgation of subsequent MACT standard. (a) If the Administrator promulgates a relevant emission standard that is applicable to one or more affected sources within a major source before the date a permit application under this paragraph (a) is approved, the title V permit must contain the promulgated standard rather than the emission limitation determined under § 63.52, and the owner or operator must comply with the promulgated standard by the compliance date in the promulgated standard. (b) If the Administrator promulgates a relevant emission standard under section 112(d) or (h) of the Act that is applicable to a source after the date a permit is issued pursuant to § 63.52 or § 63.54, the permitting authority must incorporate requirements of that standard in the title V permit upon its next renewal. The permitting authority must establish a compliance date in the revised permit that assures that the owner or operator must comply with the promulgated standard within a reasonable time, but not longer than 8 years after such standard is promulgated or 8 years after the date by which the owner or operator was first required to comply with the emission limitation established by the permit, whichever is earlier. However, in no event shall the period for compliance for existing sources be shorter than that provided for existing sources in the promulgated standard. (c) Notwithstanding the requirements of paragraph (a) or (b) of this section, the requirements of paragraphs (c)(1) and (2) of this section shall apply. (1) If the Administrator promulgates an emission standard under section 112(d) or (h) that is applicable to an affected source after the date a permit application under this paragraph is approved under § 63.52 or § 63.54, the permitting authority is not required to change the emission limitation in the permit to reflect the promulgated standard if the permitting authority determines that the level of control required by the emission limitation in the permit is substantially as effective as that required by the promulgated standard pursuant to § 63.1(e). (2) If the Administrator promulgates an emission standard under section 112(d) or (h) of the Act that is applicable to an affected source after the date a permit application is approved under § 63.52 or § 63.54, and the level of control required by the promulgated standard is less stringent than the level of control required by any emission limitation in the prior MACT determination, the permitting authority is not required to incorporate any less stringent emission limitation of the promulgated standard in the title V permit and may in its discretion consider any more stringent provisions of the MACT determination to be applicable legal requirements when issuing or revising such a title V permit. Table 1 to Subpart B of Part 63—Section 112( j Due date MACT standard 10/30/03 Combustion Turbines. 1 Organic Liquids Distribution. 2 4/28/04 Industrial Boilers, Institutional/Commercial Boilers and Process Heaters. 3 4 11/14/05 Industrial Boilers, Institutional/Commercial Boilers, and Process Heaters. 5 6 1 2 3 4 5 6 [68 FR 32603, May 30, 2003, as amended at 70 FR 39664, July 11, 2005] Table 2 to Subpart B of Part 63—MON Source Categories Manufacture of Paints, Coatings, and Adhesives. Alkyd Resins Production. Maleic Anhydride Copolymers Production. Polyester Resins Production. Polymerized Vinylidene Chloride Production. Polymethyl Methacrylate Resins Production. Polyvinyl Acetate Emulsions Production. Polyvinyl Alcohol Production. Polyvinyl Butyral Production. Ammonium Sulfate Production-Caprolactam By-Product Plants. Quaternary Ammonium Compounds Production. Benzyltrimethylammonium Chloride Production. Carbonyl Sulfide Production. Chelating Agents Production. Chlorinated Paraffins Production. Ethylidene Norbornene Production. Explosives Production. Hydrazine Production. OBPA/1,3-Diisocyanate Production. Photographic Chemicals Production. Phthalate Plasticizers Production. Rubber Chemicals Manufacturing. Symmetrical Tetrachloropyridine Production. [68 FR 32603, May 30, 2003] Subpart C—List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List § 63.60 Deletion of caprolactam from the list of hazardous air pollutants. The substance caprolactam (CAS number 105602) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1). [61 FR 30823, June 18, 1996] § 63.61 Deletion of methyl ethyl ketone from the list of hazardous air pollutants. The substance methyl ethyl ketone (MEK, 2-Butanone) (CAS Number 78-93-3) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1). [70 FR 75059, Dec. 19, 2005] § 63.62 Redefinition of glycol ethers listed as hazardous air pollutants. The following definition of the glycol ethers category of hazardous air pollutants applies instead of the definition set forth in 42 U.S.C. 7412(b)(1), footnote 2: Glycol ethers include mono- and di-ethers of ethylene glycol, diethylene glycol, and triethylene glycol R-(OCH 2 2 n Where: n = 1, 2, or 3; R = alkyl C7 or less; or R = phenyl or alkyl substituted phenyl; R′= H or alkyl C7 or less; or OR′ consisting of carboxylic acid ester, sulfate, phosphate, nitrate, or sulfonate. [65 FR 47348, Aug. 2, 2000] § 63.63 Deletion of ethylene glycol monobutyl ether from the list of hazardous air pollutants. The substance ethylene glycol monobutyl ether (EGBE,2-Butoxyethanol) (CAS Number 111-76-2) is deleted from the list of hazardous air pollutants established by 42 U.S.C. 7412(b)(1). [69 FR 69325, Nov. 29, 2004] § 63.64 Additions of substances to the list of hazardous air pollutants. (a) The substance 1-bromopropane, or 1-BP, also known as n-propyl bromide or nPB (CAS No. 106-94-5) is added to the list of hazardous air pollutants established by Clean Air Act (CAA) section 112(b)(1), 42 U.S.C. 7412(b)(1). (b) [Reserved] [87 FR 396, Jan. 5, 2022] §§ 63.65-63.69 [Reserved] Subpart D—Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants § 63.70 Applicability. The provisions of this subpart apply to an owner or operator of an existing source who wishes to obtain a compliance extension from a standard issued under section 112(d) of the Act. The provisions of this subpart also apply to a State or local agency acting pursuant to a permit program approved under title V of the Act. The Administrator will carry out the provisions of this subpart for any State that does not have an approved permit program. § 63.71 Definitions. All terms used in this subpart not defined in this section are given the same meaning as in the Act. Act Actual emissions Artificially or substantially greater emissions EPA conditional method EPA reference method Equipment leaks Existing source Hazardous air pollutant (HAP) High-risk pollutant Malfunction Not feasible to prescribe or enforce a numerical emission limitation Permitting authority Post-reduction year Responsible official (1) For a corporation, a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representative is approved in advance by the permitting authority. (2) For a partnership or sole proprietorship, a general partner or the proprietor, respectively. (3) For a municipality, State, Federal, or other public agency, either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., Regional Administrators of EPA). Reviewing agency State [57 FR 61992, Dec. 29, 1992, as amended at 59 FR 59924, Nov. 21, 1994] § 63.72 General provisions for compliance extensions. (a) Except as provided in paragraph (f) of this section, a permitting authority acting pursuant to a permitting program approved under Title V of the Act shall by permit allow an existing source to meet an alternative emission limitation in lieu of an emission limitation promulgated under section 112(d) of the Act for a period of 6 years from the compliance date of the otherwise applicable standard provided the source owner or operator demonstrates: (1) According to the requirements of § 63.74 that the source has achieved a reduction of 90 percent (95 percent or more in the case of hazardous air pollutants which are particulates) in emissions of: (i) Total hazardous air pollutants from the source; (ii) Total hazardous air pollutants from the source as adjusted for high-risk pollutant weighting factors, if applicable. (2) That such reduction was achieved before proposal of an applicable standard or, for sources eligible to qualify for an alternative emission limitation as specified in paragraph (c) of this section, before January 1, 1994. (b) A source granted an alternative emission limitation shall comply with an applicable standard issued under section 112(d) of the Act immediately upon expiration of the six year compliance extension period specified in paragraph (a) of this section. (c) An existing source that achieves the reduction specified in paragraph (a)(1) of this section after proposal of an applicable section 112(d) standard but before January 1, 1994, may qualify for an alternative emission limitation under paragraph (a) of this section if the source makes an enforceable commitment, prior to proposal of the applicable standard, to achieve such reduction. The enforceable commitment shall be made according to the procedures and requirements of § 63.75. (d) For each permit issued to a source under paragraph (a) of this section, there shall be established as part of the permit an enforceable alternative emission limitation for hazardous air pollutants reflecting the reduction which qualified the source for the alternative emission limitation. (e) An alternative emission limitation shall not be available with respect to standards or requirements promulgated to provide an ample margin of safety to protect public health pursuant to section 112(f) of the Act, and the Administrator will, for the purpose of determining whether a standard under section 112(f) of the Act is necessary, review emissions from sources granted an alternative emission limitation under this subpart at the same time that other sources in the category or subcategory are reviewed. (f) Nothing in this subpart shall preclude a State from requiring hazardous air pollutant reductions in excess of 90 percent (95 percent in the case of particulate hazardous air pollutants) as a condition of such State granting an alternative emission limitation authorized in paragraph (a) of this section. § 63.73 Source. (a) An alternative emission limitation may be granted under this subpart to an existing source. For the purposes of this subpart only, a source is defined as follows: (1) A building structure, facility, or installation identified as a source by the EPA in appendix B of this part; (2) All portions of an entire contiguous plant site under common ownership or control that emit hazardous air pollutants; (3) Any portion of an entire contiguous plant site under common ownership or control that emits hazardous air pollutants and can be identified as a facility, building, structure, or installation for the purposes of establishing standards under section 112(d) of the Act; or (4) Any individual emission point or combination of emission points within a contiguous plant site under common control, provided that emission reduction from such point or aggregation of points constitutes a significant reduction of hazardous air pollutant emissions of the entire contiguous plant site. (b) For purposes of paragraph (a)(4) of this section, emissions reductions are considered significant if they are made from base year emissions of not less than: (1) A total of 10 tons per year of hazardous air pollutants where the total emissions of hazardous air pollutants in the base year from the entire contiguous plant site is greater than 25 tons per; or (2) A total of 5 tons per year of hazardous air pollutants where the total emissions of hazardous air pollutants in the base year from the entire contiguous plant site is less than or equal to 25 tons per year. § 63.74 Demonstration of early reduction. (a) An owner or operator applying for an alternative emission limitation shall demonstrate achieving early reductions as required by § 63.72(a)(1) by following the procedures in this section. (b) An owner or operator shall establish the source for the purposes of this subpart by documenting the following information: (1) A description of the source including: a site plan of the entire contiguous plant site under common control which contains the source, markings on the site plan locating the parts of the site that constitute the source, and the activity at the source which causes hazardous air pollutant emissions; (2) A complete list of all emission points of hazardous air pollutants in the source, including identification numbers and short descriptive titles; and (3) A statement showing that the source conforms to one of the allowable definition options from § 63.73. For a source conforming to the option in § 63.73(a)(4), the total base year emissions from the source, as determined pursuant to this section, shall be demonstrated to be at least: (i) 5 tons per year, for cases in which total hazardous air pollutant emissions from the entire contiguous plant site under common control are 25 tons per year or less as calculated under paragraph (1) of this section; or (ii) 10 tons per year in all other cases. (c) An owner or operator shall establish base year emissions for the source by providing the following information: (1) The base year chosen, where the base year shall be 1987 or later except that the base year may be 1985 or 1986 if the owner or operator of the source can demonstrate that emission data for the source for 1985 or 1986 was submitted to the Administrator pursuant to an information request issued under section 114 of the Act and was received by the Administrator prior to November 15, 1990; (2) The best available data accounting for actual emissions, during the base year, of all hazardous air pollutants from each emission point listed in the source in paragraph (b)(2) of this section; (3) The supporting basis for each emission number provided in paragraph (c)(2) of this section including: (i) For test results submitted as the supporting basis, a description of the test protocol followed, any problems encountered during the testing, and a discussion of the validity of the method for measuring the subject emissions; and (ii) For calculations based on emission factors, material balance, or engineering principles and submitted as the supporting basis, a step-by-step description of the calculations, including assumptions used and their bases, and a brief rationale for the validity of the calculation method used; and (4) Evidence that the emissions provided under paragraph (c)(2) of this section are not artificially or substantially greater than emissions in other years prior to implementation of emission reduction measures. (d) An owner or operator shall establish post-reduction emissions by providing the following information: (1) For the emission points listed in the source in paragraph (b)(2) of this section, a description of all control measures employed to achieve the emission reduction required by § 63.72(a)(1); (2) The best available data accounting for actual emissions, during the year following the applicable emission reduction deadline as specified in § 63.72(a)(2), of all hazardous air pollutants from each emission point in the source listed pursuant to paragraph (b)(2) of this section. (3) The supporting basis for each emission number provided in paragraph (d)(2) of this section including: (i) For test results submitted as the supporting basis, a description of the test protocol followed, any problems encountered during the testing, and a discussion of the validity of the method for measuring the subject emissions; and (ii) For calculations based on emission factors, material balance, or engineering principles and submitted as the supporting basis, a step-by-step description of the calculations, including assumptions used and their bases, and a brief rationale for the validity of the calculation method used; (4) [Reserved] (5) Evidence that there was no increase in radionuclide emissions from the source. (e)(1) An owner or operator shall demonstrate that both total base year emissions and total base year emissions adjusted for high-risk pollutants, as applicable, have been reduced by at least 90 percent for gaseous hazardous air pollutants emitted and 95 percent for particulate hazardous air pollutants emitted by determining the following for gaseous and particulate emissions separately: (i) Total base year emissions, calculated by summing all base year emission data from paragraph (c)(2) of this section; (ii) Total post-reduction emissions, calculated by summing all post-reduction emission data from paragraph (d)(2) of this section; (iii) (If applicable) Total base year emissions adjusted for high-risk pollutants, calculated by multiplying each emission number for a pollutant from paragraph (c)(2) of this section by the appropriate weighting factor for the pollutant from Table 1 in paragraph (f) of this section and then summing all weighted emission data; (iv) (If applicable) Total post-reduction emissions adjusted for high-risk pollutants, calculated by multiplying each emission number for a pollutant from paragraph (d)(2) of this section by the appropriate weighting factor for the pollutant from Table 1 and then summing all weighted emission data; and (v) Percent reductions, calculated by dividing the difference between base year and post-reduction emissions by the base year emissions. Separate demonstrations are required for total gaseous and particulate emissions, and total gaseous and particulate emissions adjusted for high-risk pollutants. (2) If any points in the source emit both particulate and gaseous pollutants, as an alternative to the demonstration required in paragraph (e)(1) of this section, an owner or operator may demonstrate: (i) A weighted average percent reduction for all points emitting both particulate and gaseous pollutants where the weighted average percent reduction is determined by where % W Σ M g Σ M p (ii) The reductions required in paragraph (e)(1) of this section for all other points in the source. (f) If lower rates or hours are used to achieve all or part of the emission reduction, any hazardous air pollutant emissions that occur from a compensating increase in rates or hours from the same activity elsewhere within the plant site which contains the source shall be counted in the post-reduction emissions from the source. If emission reductions are achieved by shutting down process equipment and the shutdown equipment is restarted or replaced anywhere within the plant site, any hazardous air pollutant emissions from the restarted or replacement equipment shall be counted in the post-reduction emissions for the source. Table 1—List of High-Risk Pollutants CAS No. Chemical Weighting factor 53963 2-Acetylaminofluorene 100 107028 Acrolein 100 79061 Acrylamide 10 107131 Acrylonitrile 10 0 Arsenic compounds 100 1332214 Asbestos 100 71432 Benzene 10 92875 Benzidine 1000 0 Beryllium compounds 10 542881 Bis(chloromethyl) ether 1000 106990 1,3-Butadiene 10 0 Cadmium compounds 10 57749 Chlordane 100 532274 2-Chloroacetophenone 100 0 Chromium compounds 100 107302 Chloromethyl methyl ether 10 0 Coke oven emissions 10 334883 Diazomethane 10 132649 Dibenzofuran 10 96128 1,2-Dibromo-3-chloropropane 10 111444 Dichloroethyl ether (Bis(2-chloroethyl) ether) 10 79447 Dimethylcarbamoyl chloride 100 122667 1,2-Diphenylhydrazine 10 106934 Ethylene dibromide 10 151564 Ethylenimine (Aziridine) 100 75218 Ethylene oxide 10 76448 Heptachlor 100 118741 Hexachlorobenezene 100 77474 Hexachlorocyclopentadiene 10 302012 Hydrazine 100 0 Manganese compounds 10 0 Mercury compounds 100 60344 Methyl hydrazine 10 624839 Methyl isocyanate 10 0 Nickel compounds 10 62759 N-Nitrosodimethylamine 100 684935 N-Nitroso-N-methylurea 1000 56382 Parathion 10 75445 Phosgene 10 7803512 Phosphine 10 7723140 Phosphorus 10 75558 1,2-Propylenimine 100 1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin 100,000 8001352 Toxaphene (chlorinated camphene) 100 75014 Vinyl chloride 10 (g) The best available data representing actual emissions for the purpose of establishing base year or post-reduction emissions under this section shall consist of documented results from source tests using an EPA Reference Method, EPA Conditional Method, or the owner's or operator's source test method which has been validated pursuant to Method 301 of appendix A of this part. However, if one of the following conditions exists, an owner or operator may submit, in lieu of results from source tests, calculations based on engineering principles, emission factors, or material balance data as actual emission data for establishing base year or post-reduction emissions: (1) No applicable EPA Reference Method, EPA Conditional Method, or other source test method exists; (2) It is not technologically or economically feasible to perform source tests; (3) It can be demonstrated to the satisfaction of the reviewing agency that the calculations will provide emission estimates of accuracy comparable to that of any applicable source test method; (4) For base year emission estimates only, the base year conditions no longer exist at an emission point in the source and emission data could not be produced for such an emission point, by performing source tests under currently existing conditions and converting the test results to reflect base year conditions, that is more accurate than an estimate produced by using engineering principles, emission factors, or a material balance; or (5) The emissions from one or a set of emission points in the source are small compared to total source emissions and potential errors in establishing emissions from such points will not have a significant effect on the accuracy of total emissions established for the source. (h) For base year or post-reduction emissions established under this section that are not supported by source test data, the source owner or operator shall include the reason source testing was not performed. (i) [Reserved] (j) The EPA average emission factors for equipment leaks cannot be used under this subpart to establish base year emissions for equipment leak sources, unless the base year emission number calculated using the EPA average emission factors for equipment leaks also is used as the post-reduction emission number for equipment leaks from the source. (k) A source owner or operator shall not establish base year or post-reduction emissions that include any emissions from the source exceeding allowable emission levels specified in any applicable law, regulation, or permit condition. (l) For sources subject to paragraph (b)(3)(i) of this section, an owner or operator shall document total base year emissions from an entire contiguous plant site under common control by providing the information required pursuant to paragraphs (b)(2), (c)(2), and (e)(1)(i) of this section for all hazardous air pollutants from all emission points in the contiguous plant site under common control. (m) If a new pollutant is added to the list of hazardous air pollutants or high-risk pollutants, any source emitting such pollutant will not be required to revise an early reduction demonstration pursuant to this section if: (1) Alternative emission limits have previously been specified by permit for the source as provided for in § 63.72(a); or (2) The base year emissions submitted in an enforceable commitment have previously been approved by the reviewing agency. [57 FR 61992, Dec. 29, 1992, as amended at 58 FR 62543, Nov. 29, 1993; 59 FR 53110, Oct. 21, 1994] § 63.75 Enforceable commitments. (a) To make an enforceable commitment an owner or operator shall submit a commitment to achieve the early reductions required under § 63.72(a)(1) to the appropriate EPA Regional Office and a copy of the commitment to the appropriate State, except that the commitment shall be submitted to the State and a copy to the EPA Regional Office if the State has an approved permitting program under Title V of the Act. A copy shall also be submitted to both the EPA Stationary Source Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, DC 20460 and the EPA Emission Standards Division (MD-13), Research Triangle Park, NC 27711; attention both to the Early Reductions Officer. The commitment shall contain: (1) The name and address of the source; (2) The name and telephone number of the source owner or operator or other responsible official who can be contacted concerning the commitment; (3) An alternative mailing address if correspondence is to be directed to a location other than that given in paragraph (a)(1) of this section; (4) All information specified in § 63.74(b), (c) and (e)(1)(i), which defines and describes the source and establishes the base year hazardous air pollutant emissions from the source; (5) The general plan for achieving the required hazardous air pollutant emissions reductions at the source including descriptions of emission control equipment to be employed, process changes or modifications to be made, and any other emission reduction measures to be used; and (6) A statement of commitment, signed by a responsible official of the source, containing the following: (i) A statement providing the post-reduction emission levels for total hazardous air pollutants and high-risk pollutants, as applicable, from the source on an annual basis which reflect a 90 percent (95 percent for particulate pollutants) reduction from base year emissions; (ii) A statement certifying that the base year emission data submitted as part of the enforceable commitment constitute the best available data for base year emissions from the source, are correct to the best of the responsible official's knowledge, and are within allowable levels specified in any applicable law, regulation, or permit; (iii) A statement that it is understood by the source owner or operator that submission of base year emissions constitutes a response to an EPA request under the authority of section 114 of the Act and that the commitment is subject to enforcement according to § 63.80; and (iv) A statement committing the source owner or operator to achieving the emission levels, listed in paragraph (a)(6), (i) of this section, at the source before January 1, 1994. (b) The following language may be used to satisfy the requirements of paragraphs (a)(6)(ii) through (a)(6)(iv) of this section: I certify to the best of my knowledge that the base year emissions given above are correct and constitute the best available data for base year emissions from the source, and acknowledge that these estimates are being submitted in response to an EPA request under section 114 of the Act. I further certify that the base year emissions provided for all emission points in the source do not exceed allowable emission levels specified in any applicable law, regulation, or permit condition. I commit to achieve before January 1, 1994, the stated post-reduction emission level(s) at the source, which will provide the 90 (95) percent reduction required to qualify for the compliance extension, and acknowledge that this commitment is enforceable as specified in title 40, part 63, subpart D, of the Code of Federal Regulations. (c) A commitment for a source shall be submitted prior to proposal of an applicable standard issued under section 112(d) of the Act. Commitments received after the proposal date shall be void. (d) If test results for one or more emission points in a source are required to support base year emissions in an enforceable commitment but are not available prior to proposal of an applicable standard issued under section 112(d) of the Act, the test results may be submitted after the enforceable commitment is made but no later than 180 days after proposal of an applicable standard. In such cases, the enforceable commitment shall contain the best substitute emission data for the points in the source for which test results will be submitted later. (e) An owner or operator may rescind such a commitment prior to December 1, 1993 without penalty and forfeit the opportunity to obtain a six year compliance extension under this subpart. (f) An enforceable commitment submitted under this section shall not be in effect and enforceable until the base year emissions contained in the commitment have been approved according to the procedures in § 63.76. An owner or operator is under no obligation to continue to seek approval of commitments that have not been approved by December 1, 1993. (g) The control measure information required under § 63.74(d)(1) as part of post-reduction emission documentation and submitted in a permit application according to the provisions of § 63.77 shall become part of an existing enforceable commitment upon receipt of the permit application by the permitting authority. An owner or operator shall notify the permitting authority of any change made to the source during calendar year 1994 which affects such control measure information and shall mail the notice within 5 days (postmark date) of making the change. The notice shall be considered an amendment to the source's enforceable commitment. [57 FR 61992, Dec. 29, 1992, as amended at 58 FR 34370, June 25, 1993; 58 FR 62543, Nov. 29, 1993; 59 FR 59924, Nov. 21, 1994] § 63.76 Review of base year emissions. (a) Pursuant to the procedures of this section, the appropriate reviewing agency shall review and approve or disapprove base year emission data submitted in an enforceable commitment under § 63.75 or in a request letter from an applicant that wishes to participate in the early reduction program but who is not required to submit an enforceable commitment. For review requests submitted to a State agency as the appropriate reviewing agency, a copy of the request also shall be submitted to the applicable EPA Regional Office. For review requests submitted to the EPA Regional Office as the appropriate reviewing agency, a copy of the request also shall be sent to the applicable State agency. Copies also shall be submitted to the EPA Stationary Source Compliance Division (EN-341W), 1200 Pennsylvania Ave., NW., Washington, DC 20460 and the EPA Emission Standards Division (MD-13), Research Triangle Park, NC 27711; to the attention of the Early Reductions Officer. (b) Within 30 days of receipt of an enforceable commitment or base year emission data, the reviewing agency shall advise the applicant that: (1) The base year emission data are complete as submitted; or (2) The base year emission data are not complete and include a list of deficiencies that must be corrected before review can proceed. (c) EPA will publish a notice in the Federal Register (d) Within 60 days of a determination that a base year emission data submission is complete, the reviewing agency shall evaluate the adequacy of the submission with respect to the requirements of § 63.74 (b) and (c) and either: (1) Determine to approve the submission and publish a notice in a newspaper of general circulation in the area where the source is located or in a State publication designed to give general public notice, providing the aggregate base year emission data for the source and the rationale for the proposed approval, noting the availability of the nonconfidential information contained in the submission for public inspection in at least one location in the community in which the source is located, providing for a public hearing upon request by an interested party, and establishing a 30 day public comment period that can be extended to 60 days upon request by an interested party; or (2) Determine to disapprove the base year emission data and give notice to the applicant of the reasons for the disapproval. An applicant may correct disapproved base year data and submit revised data for review in accordance with this subsection, except that the review of a revision shall be accomplished within 30 days. (e) If no adverse public comments are received by the reviewing agency on proposed base year data for a source, the data shall be considered approved at the close of the public comment period and a notice of the approval shall be sent to the applicant and published by the reviewing agency by advertisement in the area affected. (f) If adverse comments are received and the reviewing agency agrees that corrections are needed, the reviewing agency shall give notice to the applicant of the disapproval and reasons for the disapproval. An applicant may correct disapproved base year emission data and submit revised emission data. If a revision is submitted by the applicant that, to the satisfaction of the reviewing agency, takes into account the adverse comments, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and send notice of the approval to the applicant. (g) If adverse comments are received and the reviewing agency determines that the comments do not warrant changes to the base year emission data, the reviewing agency will publish by advertisement in the area affected a notice containing the approved base year emission data for the source and the reasons for not accepting the adverse comments. A notice of the approval also shall be sent to the applicant. (h) If an applicant submits revised emission data under paragraph (d)(2) or (f) of this section for a source subject to an enforceable commitment, the applicant also shall submit an amended enforceable commitment which takes into account the revised base year emissions. (i) If revised base year emission data are not submitted or notice of intent to submit revised data is not provided to the permitting authority by an applicant within 90 days of receiving adverse comments or a notice of disapproved base year emission data for a source that is subject to an enforceable commitment, the enforceable commitment shall be considered withdrawn and a notice to that effect shall be sent by the reviewing agency to the applicant. § 63.77 Application procedures. (a) To apply for an alternative emission limitation under § 63.72, an owner or operator of the source shall file a permit application with the appropriate permitting authority. (b) Except as provided in paragraph (e) of this section, the permit application shall contain the information required by § 63.74, as applicable, and the additional information required for a complete permit application as specified by the applicable permit program established pursuant to title V of the Act. (c) Permit applications under this section for sources not subject to enforceable commitments shall be submitted by the later of the following dates: (1) 120 days after proposal of an otherwise applicable standard issued under section 112(d) of the Act; or (2) 120 days after the date an applicable permit program is approved or established pursuant to title V of the Act. (d) Permit applications for sources subject to enforceable commitments pursuant to § 63.75 shall be submitted no later than April 30, 1994. (e) If the post-reduction year does not end at least one month before the permit application deadline under paragraph (c) of this section, the source may file the post-reduction emissions information required under § 63.74(d)(2), (d)(3), and (d)(5) later as a supplement to the original permit application. In such cases, this supplemental information shall be submitted to the permitting authority no later than one month after the end of the post-reduction year. (f) If a source test will be the supporting basis for establishing post-reduction emissions for one or more emissions units in the early reductions source, the test results shall be submitted by the applicable deadline for submittal of a permit application as specified in paragraph (c) or (d) of this section. (g) Review and disposition of permit applications submitted under this section will be accomplished according to the provisions of the applicable permit program established pursuant to title V of the Act. [58 FR 62543, Nov. 29, 1993, as amended at 59 FR 59924, Nov. 21, 1994] § 63.78 Early reduction demonstration evaluation. (a) The permitting authority will evaluate an early reduction demonstration submitted by the source owner or operator in a permit application with respect to the requirements of § 63.74. (b) An application for a compliance extension may be denied if, in the judgement of the permitting authority, the owner or operator has failed to demonstrate that the requirements of § 63.74 have been met. Specific reasons for denial include, but are not limited to: (1) The information supplied by the owner or operator is incomplete; (2) The required 90 percent reduction (95 percent in cases where the hazardous air pollutant is particulate matter) has not been demonstrated; (3) The base year or post-reduction emissions are incorrect, based on methods or assumptions that are not valid, or not sufficiently reliable or well documented to determine with reasonable certainty that required reductions have been achieved; or (4) The emission of hazardous air pollutants or the performance of emission control measures is unreliable so as to preclude determination that the required reductions have been achieved or will continue to be achieved during the extension period. § 63.79 Approval of applications. (a) If an early reduction demonstration is approved and other requirements for a complete permit application are met, the permitting authority shall establish by a permit issued pursuant to title V of the Act enforceable alternative emissions limitations for the source reflecting the reduction which qualified the source for the extension. However, if it is not feasible to prescribe a numerical emissions limitation for one or more emission points in the source, the permitting authority shall establish such other requirements, reflecting the reduction which qualified the source for an extension, in order to assure the source achieves the 90 percent or 95 percent reduction, as applicable. (b) An alternative emissions limitation or other requirement prescribed pursuant to paragraph (a) of this section shall be effective and enforceable immediately upon issuance of the permit for the source and shall expire exactly six years after the compliance date of an otherwise applicable standard issued pursuant to section 112(d) of the Act. § 63.80 Enforcement. (a) All base year or post-reduction emissions information described in § 63.74 and required to be submitted as part of a permit application under § 63.77 or an enforceable commitment under § 63.75 shall be considered to have been requested by the Administrator under the authority of section 114 of the Act. (b) Fraudulent statements contained in any base year or post-reduction emissions submitted to a State or EPA Regional Office under this subpart shall be considered violations of section 114 of the Act and of this subpart and, thus, actionable under section 113 of the Act and can be considered, in appropriate cases, violations of 18 U.S.C. 1001, the general false swearing provision of the United States Code. (c) If a source subject to an enforceable commitment fails to achieve reductions before January 1, 1994, sufficient to qualify the source for an extension under this subpart, the source shall be considered to be in violation of the commitment and shall be subject to enforcement action under section 113 of the Act. (d) If an early reduction demonstration in a permit application filed under § 63.77 is disapproved for a source not subject to an enforceable commitment, the owner or operator shall comply with an applicable standard issued under section 112(d) of the Act by the compliance date specified in such standard. (e) If an early reduction demonstration in a permit application filed under § 63.77 is disapproved for a source that is subject to an enforceable commitment, the owner or operator shall comply with an applicable standard issued under section 112(d) of the Act by the compliance date specified in such standard and will be subject to enforcement action under section 113 of the Act. (f) A violation of an alternative emission limitation or other requirement established by permit under § 63.79 (a) or (b) for the source is enforceable pursuant to the authority of section 113 of the Act notwithstanding any demonstration of continuing 90 percent (95 percent for hazardous air pollutants which are particulates) emission reduction over the entire source. § 63.81 Rules for special situations. (a) If more than one standard issued under section 112(d) of the Act would be applicable to a source as defined under § 63.73, then the date of proposal referred to in §§ 63.72(a)(2), 63.72(c), 63.74(d)(4), 63.75(c), and 63.77(c) is the date the first applicable standard is proposed. (b) Sources emitting radionuclides are not required to reduce radionuclides by 90 (95) percent. Radionuclides may not be increased from the source as a result of the early reductions demonstration. Subpart E—Approval of State Programs and Delegation of Federal Authorities § 63.90 Program overview. The regulations in this subpart establish procedures consistent with section 112(l) of the Clean Air Act (Act) (42 U.S.C. 7401-7671q). This subpart establishes procedures for the approval of State rules, programs, or other requirements such as permit terms and conditions to be implemented and enforced in place of certain otherwise applicable section 112 Federal rules, emission standards, or requirements (including section 112 rules promulgated under the authority of the Act prior to the 1990 Amendments to the Act). The authority to implement and enforce section 112 Federal rules as promulgated without changes may be delegated under procedures established in this subpart. In this process, States may seek approval of a State mechanism for receiving delegation of existing and future unchanged Federal section 112 standards. This subpart clarifies which part 63, subpart A General Provisions authorities can be delegated to States. This subpart also establishes procedures for the review and withdrawal of section 112 implementation and enforcement authorities delegated through this subpart. This subpart also establishes procedures for the approval of State rules or programs to establish limitations on the potential to emit pollutants listed in or pursuant to section 112(b) of the Act. (a) Definitions. Alternative requirements Applicability criteria Approval Compliance and enforcement measures Intermediate change to monitoring (1) Use of a continuous emission monitoring system (CEMS) in lieu of a parameter monitoring approach; (2) Decreased frequency for non-continuous parameter monitoring or physical inspections; (3) Changes to quality control requirements for parameter monitoring; and (4) Use of an electronic data reduction system in lieu of manual data reduction. Intermediate change to test method (1) Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix, and use of a different impinger absorbing solution; (2) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest; and (3) “Combining” a federally required method with another proven method for application to processes emitting multiple pollutants. Level of control (1)(i) Each hazardous air pollutant, if individual pollutants are subject to emission limitations, and (ii) The aggregate total of hazardous air pollutants, if the aggregate grouping is subject to emission limitations, provided that the rule, program, or requirement would not lead to an increase in risk to human health or the environment; and (2) Each substance regulated under part 68 of this chapter. (3) Test methods and associated procedures and averaging times are integral to the level of control. Local agency Major change to monitoring (1) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation; (2) Use of a predictive emission monitoring system (PEMS) in place of a required continuous emission monitoring system (CEMS); (3) Use of alternative calibration procedures that do not involve calibration gases or test cells; (4) Use of an analytical technology that differs from that specified by a performance specification; (5) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system, or continuous parameter monitoring system; (6) Decreased monitoring frequency for a leak detection and repair program; and (7) Use of alternative averaging times for reporting purposes. Major change to recordkeeping/reporting (1) A modification to federally required recordkeeping or reporting that: (i) May decrease the stringency of the required compliance and enforcement measures for the relevant standards; (ii) May have national significance (e.g., might affect implementation of the applicable regulation for other affected sources, might set a national precedent); or (iii) Is not site-specific. (2) Examples of major changes to recordkeeping and reporting include, but are not limited to: (i) Decreases in the record retention for all records; (ii) Waiver of all or most recordkeeping or reporting requirements; (iii) Major changes to the contents of reports; or (iv) Decreases in the reliability of recordkeeping or reporting (e.g., manual recording of monitoring data instead of required automated or electronic recording, or paper reports where electronic reporting may have been required). Major change to test method (1) Use of an unproven analytical finish; (2) Use of a method developed to fill a test method gap; (3) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation; and (4) Combining two or more sampling/analytical methods (at least one unproven) into one for application to processes emitting multiple pollutants. Minor change to monitoring (1) A modification to federally required monitoring that: (i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standard; (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the monitoring requirements); and (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. (2) Examples of minor changes to monitoring include, but are not limited to: (i) Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements; (ii) Increased monitoring frequency; and (iii) Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation. Minor change to recordkeeping/reporting means: (1) A modification to federally required recordkeeping or reporting that: (i) Does not decrease the stringency of the compliance and enforcement measures for the relevant standards; (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the recordkeeping or reporting requirement); and (iii) Is site-specific. (2) Examples of minor changes to recordkeeping or reporting include, but are not limited to: (i) Changes to recordkeeping necessitated by alternatives to monitoring; (ii) Increased frequency of recordkeeping or reporting, or increased record retention periods; (iii) Increased reliability in the form of recording monitoring data, e.g., electronic or automatic recording as opposed to manual recording of monitoring data; (iv) Changes related to compliance extensions granted pursuant to § 63.6(i); (v) Changes to recordkeeping for good cause shown for a fixed short duration, e.g., facility shutdown; (vi) Changes to recordkeeping or reporting that is clearly redundant with equivalent recordkeeping/reporting requirements; and (vii) Decreases in the frequency of reporting for area sources to no less than once a year for good cause shown, or for major sources to no less than twice a year as required by title V, for good cause shown. Minor change to test method (1) A modification to a federally enforceable test method that: (i) Does not decrease the stringency of the emission limitation or standard; (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation for other affected sources, does not set a national precedent, and individually does not result in a revision to the test method); and (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. (2) Examples of minor changes to a test method include, but are not limited to: (i) Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix; and (ii) Changes in recovery and analytical techniques such as a change in quality control/quality assurance requirements needed to adjust for analysis of a certain sample matrix. Partial approval (1) A State's legal authorities that fully meet the criteria of § 63.91(d)(3)(ii)-(v), and substantially meet the criteria of § 63.91(d)(3)(i) as appropriate; or (2) A State rule or program that meets the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 with the exception of a separable portion of that State rule or program which fails to meet those criteria. A separable portion of a State rule or program is defined as a section(s) of a rule or a portion(s) of a program which can be acted upon independently without affecting the overall integrity of the rule or program as a whole. Program State agency, Stringent or stringency Title V operating permit programs (b) Local agency coordination with State and territorial agencies. (c) Tribal authority. (d) Authorities retained by the Administrator. (i) The authority to add or delete pollutants from the list of hazardous air pollutants established under section 112(b); (ii)-(iii) [Reserved] (iv) The authority to add source categories to or delete source categories from the Federal source category list established under section 112(c)(1) or to subcategorize categories on the Federal source category list after proposal of a relevant emission standard; (v) The authority to revise the source category schedule established under section 112(e) by moving a source category to a later date for promulgation; and (vi) Any other authorities determined to be nondelegable by the Administrator. (2) Nothing in this subpart shall prohibit the Administrator from enforcing any applicable rule, emission standard or requirement established under section 112. (3) Nothing in this subpart shall affect the authorities and obligations of the Administrator or the State under title V of the Act or under regulations promulgated pursuant to that title. (e) Federally-enforceable requirements. (f) Standards not subject to modification or substitution. (g) Selection of delegation options. (2) In the case of § 63.94 submittals, if the identified sources in any source category comprise a subset of the sources in that category, the State must accept delegation under one other section of this subpart for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter. (3) If the Administrator partially approves the State request per § 63.91(f), the State may submit a request for the remaining section 112 rules, emission standards, or requirements in that category under another section of this subpart. [65 FR 55835, Sept. 14, 2000] § 63.91 Criteria for straight delegation and criteria common to all approval options. (a) Applicable approval criteria. (1) Unchanged Federal section 112 rules (“straight delegation”). (2) State rules, programs, or requirements that are different from the Federal rule. (3) Separable portions of State rules, programs, or requirements (“partial approval”). (4) Programs under part 68 of this chapter, prevention of accidental releases. (5) Limits on the potential to emit section 112 pollutants. (b) Approval process. If . . . Then . . . And then . . . (1) A request for approval is received the Administrator will review the request for approval and determine whether the request is complete according to the criteria in this subpart if a request is incomplete, the Administrator will notify the State of the specific deficient elements of the request. (2) A complete request for approval is received the Administrator will seek public comment for a minimum of 30 days through a Federal Register the Administrator will require that comments be submitted concurrently to the State. (3) A complete request for approval is received and there has been a period of public comment the Administrator will either approve, partially approve, or disapprove the State rule, program, or requirement within 180 days of receipt of a complete request (4) The Administrator finds that all of the criteria of this section are met and all of the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 are met the Administrator will approve or partially approve the State rule, program, or requirement the Administrator will publish it in the Federal Register, (5) The Administrator finds that any of the criteria of this section are not met, or any of the criteria of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 under which the request for approval was made are not met the Administrator will notify the State of any revisions or additions necessary to obtain approval any resubmittal by a State of a request for approval will be considered a new request under this subpart. (6) A State rule, program, or requirement is disapproved unless the State can revise the submittal to meet the criteria, the Administrator will disapprove the State rule, program, or requirement the Administrator will publish the disapproval in the Federal Register. (c) Enforcement. (i) The approved State rule, program, or requirement shall be federally enforceable from the date the Administrator signs the approval, with two exceptions. For States that implement unchanged Federal requirements (§ 63.91, straight delegation) via their title V permit program, and for States using the equivalency by permit option (63.94), the approved requirements shall be federally enforceable on the date of issuance or revision of the title V permit. (ii) In the case of a partial approval under paragraph (f)(1) of this section, only those authorities of the State request found to meet the requirements of this section will be approved; the remaining Federal authorities will be implemented and enforced by EPA. (iii) For partial approvals under paragraph (f)(3) of this section, only the portion of the State rule that is approved will be federally enforceable; the remainder continues to be State enforceable only. (2) When a State rule, program, or requirement is approved by the Administrator under this subpart, applicable title V permits shall be revised according to the provisions of § 70.7(f) of this chapter. (i) Each permit shall specify the origin of the alternative conditions per § 70.6 (a)(i) of this chapter and specifically reference the Federal Register (ii) When approved alternative requirements are incorporated in a permit, those requirements must be clearly identified and carried forward in any subsequent permit revisions or renewals. If the permit is not renewed, or if a revision or renewal does not carry the alternate requirements forward, then the Federal section 112 requirements become the applicable requirements. (3) If approval is withdrawn under § 63.96, all otherwise applicable Federal rules and requirements shall be enforceable in accordance with the compliance schedule established in the withdrawal notice and relevant title V permits shall be revised according to the provisions of § 70.7(f) of this chapter. (d) Criteria for approval. (2) Once a State has satisfied the § 63.91(d) up-front approval requirements, it only needs to reference the previous demonstration and reaffirm that is still meets the criteria for any subsequent equivalency submittals. (3) Interim or final title V program approval will satisfy the criteria set forth in § 63.91(d), up-front approval criteria. Alternatively, the State must provide the following items in paragraphs (d)(3)(i) through (v) of this section to the Administrator: (i) A written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State has the necessary legal authority to implement and to enforce the State rule, program, or requirement upon approval and to assure compliance by all sources within the State with each applicable section 112 rule, emission standard, or requirement. For full approval, the State must have the following legal authorities concerning enforcement and compliance assurance: (A) The State shall have enforcement authorities that meet the requirements of § 70.11 of this chapter, except that tribal authorities shall have enforcement authorities that meet the requirements of part 49 of this chapter, the Tribal Air Rule. (B) The State shall have authority to request information from regulated sources regarding their compliance status. (C) The State shall have authority to inspect sources and any records required to determine a source's compliance status. (D) If a State delegates authorities to a local agency, the State must retain enforcement authority unless the local agency has authorities that meet the requirements of § 70.11 of this chapter. (ii) A copy of State statutes, regulations, and requirements that contain the appropriate provisions granting authority to implement and enforce the State rule, program, or requirement upon approval. (iii) A demonstration that the State has adequate resources to implement and enforce all aspects of the rule, program, or requirement upon approval (except for authorities explicitly retained by the Administrator, such as those pursuant to paragraph (f) of this section or pursuant to part 49 of this chapter), which includes: (A) A description in narrative form of the scope, structure, coverage, and processes of the State program. (B) A description of the organization and structure of the agency or agencies that will have responsibility for administering the program. (C) A description of the agency's capacity to carry out the State program, including the number, occupation, and general duties of the employees. (iv) A schedule demonstrating expeditious State implementation of the rule, program, or requirement upon approval. (v) A plan that assures expeditious compliance by all sources subject to the State rule, program, or requirement upon approval. The plan should include, at a minimum, a complete description of the State's compliance tracking and enforcement program, including but not limited to inspection strategies. (4) If any of the State documents that are required to support an approval under this subpart are readily available to the EPA and to the public, the State may cite the relevant portions of the documents or indicate where they are available (e.g., by providing an Internet address) rather than provide copies. (5) Electronic documents. Submission of electronic documents shall comply with the requirements of 40 CFR part 3—(Electronic reporting). (e) Revisions. (1)(i) The State shall provide the Administrator with a written finding by the State Attorney General (or for a local agency or tribal authority, the General Counsel with full authority to represent the local agency or tribal authority) that the State's revised legal authorities are adequate to continue to implement and to enforce all previously approved State rules and the approved State program (as applicable) and adequate to continue to assure compliance by all sources within the State with approved rules, the approved program, the approved permit, or other requirements (as applicable) and each applicable section 112 rule, emission standard, or requirement. (ii) If the Administrator determines that the written finding is not adequate, the State shall request approval of the revised rule, program, permit, or other requirement according to the provisions of paragraph (e)(2) of this section. (2) The State shall request approval under this subpart for any revised rule, program, permit, or other requirement. (i) If the Administrator approves the revised rule, program, permit, or other requirement, the revision will replace the previously approved rule, program, permit, or other requirement. (ii) If the Administrator disapproves the revised rule, program, permit, or other requirement, the Administrator will initiate procedures under § 63.96 to withdraw approval of any previously approved rule, program, permit, or other requirement that may be affected by the revised authorities. (iii) Until such time as the Administrator approves or withdraws approval of a revised rule, program, permit, or other requirement, the previously approved rule, program, permit, or requirement remains federally enforceable and the revision is not federally enforceable. (3) If the EPA amends, or otherwise revises a promulgated section 112 rule or requirement in a way that increases its stringency, the EPA will notify any State which has received delegation under this subpart of the need to revise their equivalency demonstration. (i) The EPA Regional Office will consult with the affected State(s) to set a time frame for the State(s) to submit a revised equivalency demonstration. (ii) The revised equivalency demonstration will be reviewed and approved or disapproved according to the procedures set forth in this section and § 63.91, § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97, whichever are applicable. (f) Partial approval. If . . . Then . . . And . . . (1) A State's legal authorities submitted under this subpart substantially meet the requirements of paragraph (d)(3)(i) of this section, but are not fully approvable the Administrator may grant a partial approval with the State's consent The EPA will continue to implement and enforce those authorities under paragraph (d)(3)(i) of this section that are not approved. (2) Any of the other requirements in paragraphs (d)(3)(ii)-(v) of this section are not approvable the Administrator will disapprove the submittal (3) A rule, requirement, or program submitted under this subpart meets the requirements of § 63.92, § 63.93, § 63.94, § 63.95, or § 63.97 as appropriate, with the exception of a separable portion of that rule, requirement, or program the Administrator may remove that separable portion with the State's consent the Administrator may then grant a partial approval of the portion of the rule, requirement, or program that meets the requirements of this subpart. (4) the Administrator determines that there are too many areas of deficiency or that separating the responsibilities between Federal and State government would be too cumbersome and complex the Administrator may disapprove the submittal in its entirety (g) Subpart A, Delegable authorities. (1) A State may ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category I”, in paragraph (g)(1)(i) of this section. The EPA Regional Office will delegate any such authorities at their discretion. (i) “Category I” shall consist of the following authorities: Category I Authorities (A) Section 63.1, Applicability Determinations (B) Section 63.6(e), Operation and Maintenance Requirements—Responsibility for Determining Compliance (C) Section 63.6(f), Compliance with Non-Opacity Standards—Responsibility for Determining Compliance (D) Section 63.6(h), Compliance with Opacity and Visible Emissions Standards—Responsibility for Determining Compliance (E) Sections 63.7(c)(2)(i) and (d), Approval of Site-Specific Test Plans (F) Section 63.7(e)(2)(i), Approval of Minor Alternatives to Test Methods (G) Section 63.7(e)(2)(ii) and (f), Approval of Intermediate Alternatives to Test Methods (H) Section 63.7(e)(iii), Approval of Shorter Sampling Times and Volumes When Necessitated by Process Variables or Other Factors (I) Sections 63.7(e)(2)(iv), (h)(2), and (h)(3), Waiver of Performance Testing (J) Sections 63.8(c)(1) and (e)(1), Approval of Site-Specific Performance Evaluation (Monitoring) Test Plans (K) Section 63.8(f), Approval of Minor Alternatives to Monitoring (L) Section 63.8(f), Approval of Intermediate Alternatives to Monitoring (M) Section 63.9 and 63.10, Approval of Adjustments to Time Periods for Submitting Reports (N) Section 63.10(f), Approval of Minor Alternatives to Recordkeeping and Reporting (O) Section 63.7(a)(4), Extension of Performance Test Deadline (ii) The State must maintain a record of all approved alternatives to all monitoring, testing, recordkeeping, and reporting requirements and provide this list of alternatives to its EPA Regional Office at least semi-annually, or on a more frequent basis if requested by the Regional Office. The Regional Office may audit the State-approved alternatives and disapprove any that it determines are inappropriate, after discussion with the State. If changes are disapproved, the State must notify the source that it must revert to the original applicable monitoring, testing, recordkeeping, and/or reporting requirements (either those requirements of the original section 112 requirement, the alternative requirements approved under this subpart, or the previously approved site-specific alternative requirements). Also, in cases where the source does not maintain the conditions which prompted the approval of the alternatives to the monitoring, testing, recordkeeping, and/or reporting requirements, the State (or EPA Regional Office) must require the source to revert to the original monitoring, testing, recordkeeping, and reporting requirements, or more stringent requirements, if justified. (2)(i) A State may not ask the appropriate EPA Regional Office to delegate any of the authorities listed as “Category II” in paragraph (g)(2)(ii) of this section. (ii) “Category II” shall consist of the following authorities: Category II Authorities (A) Section 63.6(g), Approval of Alternative Non-Opacity Emission Standards (B) Section 63.6(h)(9), Approval of Alternative Opacity Standards (C) Sections 63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods (D) Section 63.8(f), Approval of Major Alternatives to Monitoring (E) Section 63.10(f), Approval of Major Alternatives to Recordkeeping and Reporting [65 FR 55837, Sept. 14, 2000, as amended at 70 FR 59887, Oct. 13, 2005; 72 FR 27443, May 16, 2007] § 63.92 Approval of State requirements that adjust a section 112 rule. Under this section a State may seek approval of State requirements that make pre-approved adjustments to a Federal section 112 rule, emission standard, or requirement that are unambiguously no less stringent than the Federal rule, emission standard, or requirement. (a) Approval process. Federal Register, (2) If the Administrator finds that any one of the State adjustments to the Federal rule is in any way ambiguous with respect to the stringency of applicability, level of control, compliance and enforcement measures, or the compliance date for any affected source or emission point, the Administrator will either disapprove the State request or consider the request under § 63.93. (3) Within 60 days of receiving a complete request for approval under this section, the Administrator will either approve or disapprove the State request. If approved, the change will be effective upon signature of the Federal Register (4) Requirements submitted for approval under this section shall include either title V permits, title V general permits, Federal new source review permits, or State rules. Permits must already be issued to be used under this section. (5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source, even if the source takes steps that would otherwise release it from an obligation to have a permit. (b) Criteria for approval. (1) A demonstration that the public within the State has had adequate notice and opportunity to submit written comment on the State requirements, and (2) A demonstration that each State adjustment to the Federal rule individually results in requirements that: (i) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to applicability; (ii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to level of control for each affected source and emission point; (iii) Are unequivocally no less stringent than the otherwise applicable Federal rule with respect to compliance and enforcement measures for each affected source and emission point; and (iv) Assure compliance by every affected source no later than would be required by the otherwise applicable Federal rule. (3) State adjustments to Federal section 112 rules which may be part of an approved rule under this section are: (i) Lowering a required emission rate or de minimis (ii) Adding a design, work practice, operational standard, emission rate or other such requirement; (iii) Increasing a required control efficiency; (iv) Increasing the frequency of required reporting, testing, sampling or monitoring; (v) Adding to the amount of information required for records or reports; (vi) Decreasing the amount of time to come into compliance; (vii) Subjecting additional emission points or sources within a source category to control requirements; (viii) Any adjustments allowed in a specific section 112 rule; (ix) Minor editorial, formatting, and other nonsubstantive changes; or (x) Identical alternative requirements previously approved by the Administrator in another local agency within the same State, if previously noticed that the alternative requirements would be applicable in the jurisdiction seeking approval under this section. [65 FR 55840, Sept. 14, 2000] § 63.93 Approval of State requirements that substitute for a section 112 rule. Under this section a State may seek approval of State requirements which differ from a Federal section 112 rule for which they would substitute, such that the State requirements do not qualify for approval under § 63.92. (a) Approval process. Federal Register (2) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of this section and the criteria of § 63.91 are met, the Administrator will approve the State requirements under this section, publish the approved requirements in the Federal Register, (3) If the Administrator finds that any of the requirements of this section or § 63.91 have not been met, the Administrator may partially approve or disapprove the State requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what actions that State can take to make the requirements approvable. (4) Requirements submitted for approval under this section shall include either: State rules, title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, or State operating permits. Permits must already be issued to be used under this section. (5) If the State uses a permit as the basis of alternative requirements under this section, the relevant permit terms and conditions must remain applicable to the source even if it takes steps that would otherwise release it from an obligation to have a permit. (6) Within 180 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request. (b) Criteria for approval. (1) Applicability criteria that are no less stringent than those in the respective Federal rule; (2) Levels of control (including associated performance test methods) and compliance and enforcement measures that result in emission reductions from each affected source or accidental release prevention program requirements for each affected source that are no less stringent than would result from the otherwise applicable Federal rule; (3) A compliance schedule that requires each affected source to be in compliance within a time frame consistent with the deadlines established in the otherwise applicable Federal rule; and (4) At a minimum, the approved State requirements must include the following compliance and enforcement measures. (For requirements addressing the accidental release prevention program, minimum compliance and enforcement provisions are described in § 63.95.) (i) The approved requirements must include monitoring or another method for determining compliance. (ii) If a standard in the approved rule is not instantaneous, a maximum averaging time must be established. (iii) The requirements must establish an obligation to periodically monitor for compliance using the monitoring or another method established in paragraph (b)(4)(i) of this section sufficient to yield reliable data that are representative of the source's compliance status. [65 FR 55841, Sept. 14, 2000] § 63.94 Approval of State permit terms and conditions that substitute for a section 112 rule. Under this section a State may seek approval of State permit terms and conditions to be implemented and enforced in lieu of specified existing and future Federal section 112 rules, emission standards, or requirements promulgated under section 112, for those affected sources permitted by the State under part 70 of this chapter. The State may not seek approval under this section for permit terms and conditions that implement and enforce part 68 requirements. (a) Up-front approval process. Federal Register (2) If, after review of all public comments, and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of § 63.91 are met, the Administrator will approve the State program. The approved program will be published in the Federal Register (3) If the Administrator finds that any of the criteria of paragraph (b) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State program. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the programs approvable. (4) Within 90 days of receiving a complete request for approval under this section, the Administrator will either approve, partially approve, or disapprove the State request. (b) Criteria for up-front approval. (1)(i) To the extent possible, an identification of all specific sources in source categories listed pursuant to subsection 112(c) for which the State is seeking authority to implement and enforce alternative requirements under this section; (ii) If the identified sources in any source category comprise a subset of the sources in that category within the State's jurisdiction, the State shall request delegation for the remainder of the sources in that category that are required to be permitted by the State under part 70 of this chapter. The State shall request delegation for the remainder of the sources in that category under another section of this subpart. (iii) Prior to submitting a request for one or more sources within a source category, the State shall consult with their EPA Regional Office regarding the number of sources in a category eligible for submittal under this option. Based on the Regional Office's decision, the State shall limit the number of sources for which it submits permit requirements. (2) To the extent possible, an identification of all existing and future section 112 emission standards for which the State is seeking authority under this section to implement and enforce alternative requirements. (3) If, after approval of the initial list of source categories identified in paragraph (b)(2) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the up-front approval submission, and identify the addition to the lists. The Administrator will follow the process outlined in paragraph (a) of this section for up-front approval. (4) A one-time demonstration that the State has an approved title V operating permit program and that the program permits the affected sources. (c) Approval process for alternative requirements. (2) [Reserved] (3) If, the Administrator receives a complete request and finds the pre-draft title V permit terms and conditions submitted by the State meet the criteria of paragraph (d), the Administrator will approve the State's alternative requirements (by approving the pre-draft permit terms and conditions) and notify the State in writing of the approval. (4) The Administrator may approve the State's alternative requirements on the condition that the State makes certain changes to the pre-draft title V permit terms and conditions and includes the changes in the complete pre-draft, proposed, and final title V permits for the affected sources. If the Administrator approves the alternative requirements on the condition that the State makes certain changes to them, the State shall make those changes or the alternative requirements will not be federally enforceable when they are included in the final permit, even if the Administrator does not object to the proposed permit. Until the Administrator affirmatively approves the State's alternative requirements (by approving the pre-draft permit terms and conditions) under this paragraph, and those requirements (permit terms) are incorporated into the final title V permit for any affected source, the otherwise applicable Federal emission standard(s) remain the federally enforceable and applicable requirements for that source. (5) If, after evaluating the pre-draft title V permit terms and conditions that were submitted by the State, the Administrator finds that the criteria of paragraph (d) of this section have not been met, the Administrator will disapprove the State's alternative requirements and notify the State in writing of the disapproval. In the notice of disapproval, the Administrator will specify the deficient or nonapprovable elements of the State's alternative requirements. (6) Within 90 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State's alternative requirements. (7) Nothing in this section precludes the State from submitting alternative requirements in the form of title V permit terms and conditions or title V general permit terms and conditions for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal emission standards for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of § 63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the permit terms and conditions within 90 days of receiving a complete request for approval. (d) Approval criteria for alternative requirements. (1) Identify the specific, practicably enforceable terms and conditions with which the source would be required to comply upon issuance, renewal, or revision of the title V permit. The State shall submit permit terms and conditions that reflect all of the requirements of the otherwise applicable Federal section 112 rule, emission standard, or requirement. The State shall identify for the Administrator the specific permit terms and conditions that contain alternative requirements. (2) Identify specifically how the alternative requirements in the form of permit terms and conditions are the same as or differ from the requirements in the otherwise applicable Federal section 112 rule, emission standard, or requirement (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements in the form of permit terms and conditions and the requirements of the Federal section 112 rule, emission standard, or requirement. (3) The State shall provide the Administrator with detailed documentation that demonstrates that the alternative requirements meet the criteria specified in § 63.93(b), i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements. (e) Incorporation of permit terms and conditions into title V permits. (2) In the notice of pre-draft permit availability, and in each pre-draft, proposed, and final permit, the State shall indicate prominently that the permit contains alternative section 112 requirements. In the notice of pre-draft permit availability, the State shall specifically solicit public comment on the alternative requirements. In addition, the State shall attach all documents supporting the approved equivalency determination for those alternative requirements to each pre-draft, proposed, and final permit. [65 FR 55841, Sept. 14, 2000] § 63.95 Additional approval criteria for accidental release prevention programs. (a) A State submission for approval of a part 68 program must meet the criteria and be in accordance with the procedures of this section, § 63.91, and, where appropriate, either § 63.92 or § 63.93. (b) The State part 68 program application shall contain the following elements consistent with the procedures in § 63.91 and, where appropriate, either § 63.92 or § 63.93 of this subpart, for at least the chemicals listed in part 68 subpart F (“federally-listed chemicals”) that an approvable State Accidental Release Prevention program is regulating: (1)(i) A demonstration of the State's authority and resources to implement and enforce regulations that are no less stringent than the regulations of part 68, subparts A through G and § 68.200 of this chapter; and (ii) A requirement that any source subject to the State's part 68 program submit a Risk Management Plan (RMP) that reports at least the same information in the same format as required under part 68, subpart G of this chapter. (2) A State's RMP program may require reporting of information not required by the Federal program, and these requirements (like any other additional State requirements) will become federally enforceable upon approval. The extent to which EPA will be able to help a State collect and report additional information through EPA's electronic RMP submission system will be determined on a case-by-case basis. (3) Procedures for reviewing risk management plans and providing technical assistance to stationary sources, including small businesses. (4) A demonstration of the State's authority to enforce all part 68 requirements must be made, including an auditing strategy that complies with § 68.220 of this chapter. (c) A State may request approval for a program that covers all of the federally-listed chemicals (a “complete program”) or a program covering less than all of the federally-listed chemicals (a “partial program”) as long as the State takes delegation of the full part 68 program for the federally-listed chemicals it regulates. [65 FR 55843, Sept. 14, 2000] § 63.96 Review and withdrawal of approval. (a) Submission of information for review of approval. (i) Copies of any State statutes, rules, regulations or other requirements that have amended, repealed or revised the approved State rule or program since approval or since the immediately previous EPA review; (ii) Information to demonstrate adequate State enforcement and compliance monitoring activities with respect to all approved State rules and with all section 112 rules, emission standards or requirements; (iii) Information to demonstrate adequate funding, staff, and other resources to implement and enforce the State's approved rule or program; (iv) A schedule for implementing the State's approved rule or program that assures compliance with all section 112 rules and requirements that the EPA has promulgated since approval or since the immediately previous EPA review, (v) A list of part 70 or other permits issued, amended, revised, or revoked since approval or since immediately previous EPA review, for sources subject to a State rule or program approved under this subpart. (vi) A summary of enforcement actions by the State regarding violations of section 112 requirements, including but not limited to administrative orders and judicial and administrative complaints and settlements. (2) Upon request by the Administrator, the State shall demonstrate that each State rule, emission standard or requirement applied to an individual source is no less stringent as applied than the otherwise applicable Federal rule, emission standard or requirement. (b) Withdrawal of approval of a state rule or program. (2) Based on any public comment received and any response to that comment by the State, the Administrator will notify the State of any changes in identified deficiencies or actions needed to correct identified deficiencies. If the State does not correct the identified deficiencies within 90 days after receiving revised notice of deficiencies, the Administrator shall withdraw approval of the State's rule or program upon a determination that: (i) The State no longer has adequate authorities to assure compliance or re-sources to implement and enforce the approved rule or program, or (ii) The State is not adequately implementing or enforcing the approved rule or program, or (iii) An approved rule or program is not as stringent as the otherwise applicable Federal rule, emission standard or requirement. (3) The Administrator may withdraw approval for part of a rule, for a rule, for part of a program, or for an entire program. (4) Any State rule, program or portion of a State rule or program for which approval is withdrawn is no longer Federally enforceable. The Federal rule, emission standard or requirement that would have been applicable in the absence of approval under this will be the federally enforceable rule, emission standard or requirement. (i) Upon withdrawal of approval, the Administrator will publish an expeditious schedule for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements. Such schedule shall include interim emission limits where appropriate. During this transition, sources must be operated in a manner consistent with good air pollution control practices for minimizing emissions. (ii) Upon withdrawal, the State shall reopen, under the provisions of § 70.7(f) of this chapter, the part 70 permit of each source subject to the previously approved rules or programs in order to assure compliance through the permit with the applicable requirements for each source. (iii) If the Administrator withdraws approval of State rules applicable to sources that are not subject to part 70 permits, the applicable State rules are no longer Federally enforceable. (iv) If the Administrator withdraws approval of a portion of a State rule or program, other approved portions of the State rule or program that are not withdrawn shall remain in effect. (v) Any applicable Federal emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act. (5) If a rule approved under § 63.93 is withdrawn under the provisions of § 63.96(b)(2) (i) or (ii), and, at the time of withdrawal, the Administrator finds the rule to be no less stringent than the otherwise applicable Federal requirement, the Administrator will grant equivalency to the previously approved State rule under the appropriate provisions of this part. (6) A State may submit a new rule, program or portion of a rule or program for approval after the Administrator has withdrawn approval of the State's rule, program or portion of a rule or program. The Administrator will determine whether the new rule or program or portion of a rule or program is approvable according to the criteria and procedures of § 63.91 and either of § 63.92, § 63.93 or § 63.94. (7) A State may voluntarily withdraw from an approved State rule, program or portion of a rule or program by notifying the EPA and all affected sources subject to the rule or program and providing notice and opportunity for comment to the public within the State. (i) Upon voluntary withdrawal by a State, the Administrator will publish a timetable for sources subject to the previously approved State rule or program to come into compliance with applicable Federal requirements. (ii) Upon voluntary withdrawal, the State must reopen and revise the part 70 permits of all sources affected by the withdrawal as provided for in this section and § 70.7(f), and the Federal rule, emission standard, or requirement that would have been applicable in the absence of approval under this subpart will become the applicable requirement for the source. (iii) Any applicable Federal section 112 rule, emission standard or requirement shall remain enforceable by the EPA as specified in section 112(l)(7) of the Act. (iv) Voluntary withdrawal shall not be effective sooner than 180 days after the State notifies the EPA of its intent to voluntarily withdraw. [65 FR 55843, Sept. 14, 2000] § 63.97 Approval of a State program that substitutes for section 112 requirements. Under this section, a State may seek approval of a State program to be implemented and enforced in lieu of specified existing or future Federal emission standards or requirements promulgated under section 112. A State may not seek approval under this section for a program that implements and enforces part 68 requirements. (a) Up-front approval process. Federal Register (2) [Reserved] (3) The Administrator will require that comments be submitted concurrently to the State. (4) If, after review of all public comments and State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (b) of this section and the criteria of § 63.91 are met, the Administrator will approve or partially approve the State program. The approved State program will be published in the Federal Register (5) If the Administrator finds that any of the criteria of paragraph (b) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State program. (6) The Administrator will either approve, partially approve, or disapprove the State request: (i) Within 90 days after receipt of a complete request for approval of a State program submitted under paragraph (b)(1) or (b)(2) of this section; or (ii) Within 180 days after receipt of a complete request for approval of a State program submitted under paragraphs (b)(1) or (b)(2) and paragraph (b)(3) of this section. (b) Criteria for up-front approval. (1) For every request for program approval under this section, the State shall provide the Administrator, to the extent possible, with an identification of the initial specific source categories listed pursuant to section 112(c) and an identification of all existing and future section 112 emission standards or other requirements for which the State is seeking authority to implement and enforce alternative requirements under this section. (2) If, after approval of the initial list of specific source categories identified in paragraph (b)(1) of this section, the State adds source categories for approval under this option, the State shall submit an addendum to the approval submission, and identify the addition to the list. (3) In addition, the State may provide the Administrator with one or more of the following program elements for approval under this paragraph: (i) Alternative requirements in State rules, regulations, or general permits (or other enforceable mechanisms) that apply generically to one or more categories of sources and for which the State seeks approval to implement and enforce in lieu of specific existing Federal section 112 emission standards or requirements. The Administrator may approve or disapprove the alternative requirements in these rules, regulations, or permits when approving or disapproving the State's up-front submittal under this paragraph. After approval of the alternative generic rules, regulations or general permits, and after new Federal emission standards or requirements are promulgated, the State may extend the applicability of approved generic alternative requirements to additional source categories by repeating the approval process specified in paragraph (a) of this section. To be approvable, any request for approval of generic alternative requirements during the up-front approval process shall meet the criteria in paragraph (d) of this section. (ii) A description of the mechanisms that are enforceable as a matter of State law that the State will use to implement and enforce alternative requirements for area sources. The mechanisms that may be approved under this paragraph include title V permits, title V general permits, Federal new source review permits, board and administrative orders, permits issued pursuant to permit templates, state permits, and State rules that apply to categories of sources. The State shall demonstrate to the Administrator that the State has adequate resources and authorities to implement and enforce alternative section 112 requirements using the State mechanisms. (c) Approval process for alternative requirements. (2) [Reserved] (3) After receiving a complete request for approval under this section and making a preliminary determination on its equivalence, the Administrator will seek public comment for a minimum of 21 days through a Federal Register (4) If, after review of public comments and any State responses to comments submitted to the Administrator, the Administrator finds that the criteria of paragraph (d) of this section and the criteria of § 63.91 are met, the Administrator will approve the State's alternative requirements. The approved alternative requirements will be published in the Federal Register (5) If the Administrator finds that any of the requirements of paragraph (d) of this section or § 63.91 have not been met, the Administrator will partially approve or disapprove the State's alternative requirements. For any partial approvals or disapprovals, the Administrator will provide the State with the basis for the partial approval or disapproval and what action the State can take to make the alternative requirements approvable. (6) Within 180 days of receiving a complete request for approval under this paragraph, the Administrator will either approve, partially approve, or disapprove the State request. (7) Nothing in this section precludes the State from submitting alternative requirements for approval under this paragraph at the same time the State submits its program to the Administrator for up-front approval under paragraph (a) of this section, provided that the Federal rules, emission standards, or requirements for which the State submits alternative requirements are promulgated at the time of the State's submittal. If the Administrator finds that the criteria of § 63.91 and the criteria of paragraphs (b) and (d) of this section are met, the Administrator will approve both the State program and the alternative requirements within 180 days of receiving a complete request for approval. Alternatively, following up-front approval, the State may submit alternative requirements for approval under this paragraph at any time after promulgation of the Federal emission standards or requirements. (d) Approval criteria for alternative requirements. (1) Include copies of all State rules, regulations, permits, or other enforceable mechanisms that contain the alternative requirements for which the State is seeking approval. These documents shall also contain requirements that reflect all of the requirements of the otherwise applicable Federal section 112 rules, emission standards or requirements for which the State is not submitting alternatives. The State shall identify for the Administrator the specific requirements with which sources in a source category are required to comply, including the specific alternative requirements. (2) Identify specifically how the alternative requirements are the same as or differ from the requirements in the otherwise applicable Federal rule, emission standards, or requirements (including any applicable requirements in subpart A or other subparts or appendices). The State shall provide this identification in a side-by-side comparison of the State's requirements and the requirements of the Federal rule, emission standards, or requirements. (3) The State shall provide the Administrator with detailed documentation that demonstrates the State's belief that the alternative requirements meet the criteria specified in § 63.93(b) of this subpart, i.e., that the alternative requirements are at least as stringent as the otherwise applicable Federal requirements. [65 FR 55844, Sept. 14, 2000] § 63.98 [Reserved] § 63.99 Delegated Federal authorities. (a) This section lists the specific source categories that have been delegated to the air pollution control agencies in each State under the procedures described in this subpart. (1) Alabama. Part 63 Major & Area Source Rule Delegations—Alabama 1 Source category Subpart ADEM 2 JCDH 3 HDNR 4 1 HON F, G, H, I X X X 2 Polyvinyl Chloride & Co-polymers, VACATED on 5/11/05 J 3 Coke Ovens L X X X 4 Dry Cleaners M X X X 5 Chromium Electroplating N X X X 6 EtO Commercial Sterilization O X X X 7 Chromium Cooling Towers Q X X X 8 Gasoline Distribution (stage 1) R X X X 9 Pulp & Paper I S X X X 10 Halogenated Solvent Cleaning T X X X 11 Polymer & Resins 1 U X X X 12 Polymer & Resins 2 W X X X 13 Secondary Lead Smelters X X X X 14 Marine Tank Vessel Loading Y X X 15 Phosphoric Acid Mfg AA X X X 16 Phosphate Fertilizers Prod BB X X X 17 Petroleum Refineries CC X X X 18 Offsite Waste & Recovery DD X X X Tanks; Level 1 OO X X X Containers PP X X X Surface Impoundments QQ X X X Drain Systems RR X X X Oil-Water Separators VV X X X 19 Magnetic Tape EE X X X 20 Aerospace Industry GG X X X 21 Oil & Natural Gas Prod HH X X X Area Source Requirements >>. 22 Shipbuilding and Repair II X X X 23 Wood Furniture Mfg JJ X X X 24 Printing & Publishing KK X X X 25 Primary Aluminum LL 26 Pulp & Paper II (Combustion sources) MM X X X 27 Generic MACT: Control Devices SS X X X Eq. Leaks—Level 1 TT X X X Eq. Leaks—Level 2 UU X X X Tanks—Level 2 WW X X X 28 Generic MACT: Ethylene Mfg XX & YY X X X Carbon Black YY X X X Spandex Prod YY X X X Cyanide Chemical Mfg YY X X X Acetal Resins YY X X X Acrylic/Modacrylic Fibers YY X X X Hydrogen Fluoride Prod YY X X X Polycarbonates Prod YY X X X 29 Steel Pickeling CCC X X X 30 Mineral Wool Prod DDD X X X 31 Hazardous Waste Combustion (Phase I) EEE X X X 32 Boilers that burn Haz. Waste (Phase II) EEE X X X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X X 34 Pharmaceutical Prod GGG X X X 35 Nat. Gas Transmission & Storage HHH X X X 36 Flexible Polyurethane Foam Prod III X X X 37 Polymer & Resins 4 JJJ X X X 38 Portland Cement LLL X X X 39 Pesticide Active Ingredients MMM X X X 40 Wool Fiberglass NNN X X X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X X X 42 Polyether Polyols Prod PPP X X X 43 Primary Copper QQQ X 44 Secondary Aluminum Prod RRR X X X 45 Primary Lead Smelting TTT 46 Petro Refineries (FCC units) UUU X X X 47 POTW VVV X X X 48 Ferroalloys XXX X X X 49 Municipal Landfills AAAA X X X 50 Nutritional Yeast CCCC X X X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X X 52 Organic Liquids Distribution (non-gas) EEEE X X X 53 Misc. Organic NESHAP FFFF X X X 54 Vegetable Oil GGGG X X X 55 Wet Formed Fiberglass HHHH X X X 56 Auto & Light Duty Truck (coating) IIII X X X 57 Paper & Other Webs JJJJ X X X 58 Metal Can (coating) KKKK X X X 59 Misc. Metal Parts (coating) MMMM X X X 60 Large Appliances (coating) NNNN X X X 61 Printing, Coating, & Dyeing Fabrics OOOO X X X 62 Plastic Parts & Products (coating) PPPP X X X 63 Wood Building Products QQQQ X X X 64 Metal Furniture (coating) RRRR X X X 65 Metal Coil (coating) SSSS X X X 66 Leather Tanning & Finishing TTTT X 67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X 68 Boat Manufacturing VVVV X X X 69 Reinforced Plastic Composites WWWW X X X 70 Rubber Tire Mfg XXXX X X X 71 Stationary Combustion Turbines YYYY X X X 72 Reciprocating Int. Combustion Engines ZZZZ X X X Area Source Requirements >>. 73 Lime Manufacturing AAAAA X X X 74 Semiconductor Production BBBBB X X X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD 77 Iron Foundries EEEEE X X X 78 Integrated Iron & Steel FFFFF X X X 79 Site Remediation GGGGG X X X 80 Misc. Coating Manufacturing HHHHH X X X 81 Mercury Cell Chlor-Alkali IIIII X X X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK 84 Asphalt Roofing & Processing LLLLL X X X 85 Flex. Polyurethane Foam Fabrication MMMMM X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X X X 87 Engine & Rocket Test Facilities PPPPP X X X 88 Friction Materials Manufacturing QQQQQ X X X 89 Taconite Iron Ore RRRRR X X X 90 Refactories SSSSS X 91 Primary Magnesium TTTTT X X X Area Source Rules 92 Hospital Sterilizers WWWWW 93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY 94 Iron & Steel foundries ZZZZZ 95 Gasoline Distribution—Bulk BBBBBB 96 Gasoline Dispensing Facilities CCCCCC 97 PVC & Copolymers Prod DDDDDD X X 98 Primary Copper EEEEEE X X 99 Secondary Copper Smelting FFFFFF X X 100 Primary Nonferrous Metals GGGGGG X X 101 Paint Stripping HHHHHH Auto-Body Refinishing Plastic Parts & Prod. (coating) 102 Acrylic/Modacrylic Fibers Prod LLLLLL 103 Carbon Black Prod MMMMMM 104 Chemical Mfg. Chrom NNNNNN 105 Flex. Polyurethane Foam Fab OOOOOO Flex. Polyurethane Foam Prod 106 Lead Acid Battery Mfg PPPPPP 107 Wood Preserving QQQQQQ 108 Clay Ceramics Mfg RRRRRR 109 Glass Mfg SSSSSS 110 Secondary Nonferrous Metals TTTTTT 110 Plating and Polishing WWWWWW 112 Industrial Mach. & Eq. Finishing XXXXXX Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Heating Eq. Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg 113 Ferroalloys Production YYYYYY Ferro/Silico Manganese 1 2 3 4 (ii) Alabama Department of Environmental Management (ADEM) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Prattville Mill, Prattville, Alabama, for subpart MM of this part—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills. This action is contingent upon ADEM including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (2) Alaska. Delegation Status for Part 63 Standards—Alaska Subpart Alaska Department of Environmental Conservation (1/18/97) A General Provisions 1 X D Early Reductions X F HON-SOCMI G HON-Process Vents H HON-Equipment Leaks I HON-Negotiated Leaks L Coke Oven Batteries M Perc Dry Cleaning X N Chromium Electroplating X 2 O Ethylene Oxide Sterilizers Q Industrial Process Cooling Towers X R Gasoline Distribution X S Pulp and Paper T Halogenated Solvent Cleaning X U Polymers and Resins I W Polymers and Resins II-Epoxy X Secondary Lead Smelting Y Marine Tank Vessel Loading X CC Petroleum Refineries X DD Off-Site Waste and Recovery X EE Magnetic Tape Manufacturing GG Aerospace Manufacturing & Rework II Shipbuilding and Ship Repair X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum OO Tanks—Level 1 PP Containers QQ Surface Impoundments RR Individual Drain Systems VV Oil-Water Separators and Organic-Water Separators EEE Hazardous Waste Combustors JJJ Polymers and Resins IV 1 2 (ii) [Reserved] Note to paragraph ( a The date in parenthesis indicates the effective date of the federal rules that have been adopted by and delegated to the Alaska Department of Environmental Conservation. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency. (3) Arizona. Table 3 to Paragraph (a)(3)(i)—Delegation Status for Part 63 Standards—Arizona Subpart Description ADEQ 1 MCAQD 2 PDEQ 3 PCAQCD 4 GRIC 5 A General Provisions X X X X X F Synthetic Organic Chemical Manufacturing Industry X X X X X G Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater X X X X X H Organic Hazardous Air Pollutants: Equipment Leaks X X X X X I Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X X X X X J Polyvinyl Chloride and Copolymers Production X X X X L Coke Oven Batteries X X X X X M Perchloroethylene Dry Cleaning X X X X X N Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X X X X X O Ethylene Oxide Sterilization Facilities X X X X X Q Industrial Process Cooling Towers X X X X X R Gasoline Distribution Facilities X X X X X S Pulp and Paper X X X X T Halogenated Solvent Cleaning X X X X X U Group I Polymers and Resins X X X X X W Epoxy Resins Production and Non-Nylon Polyamides Production X X X X X X Secondary Lead Smelting X X X X Y Marine Tank Vessel Loading Operations X X AA Phosphoric Acid Manufacturing Plants X X X X BB Phosphate Fertilizers Production Plants X X X X CC Petroleum Refineries X X X X DD Off-Site Waste and Recovery Operations X X X X X EE Magnetic Tape Manufacturing Operations X X X X X GG Aerospace Manufacturing and Rework Facilities X X X X X HH Oil and Natural Gas Production Facilities X X X X II Shipbuilding and Ship Repair (Surface Coating) X JJ Wood Furniture Manufacturing Operations X X X X X KK Printing and Publishing Industry X X X X X LL Primary Aluminum Reduction Plants X X X X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X X X X NN Wool Fiberglass Manufacturing at Area Sources X OO Tanks—Level 1 X X X X X PP Containers X X X X X QQ Surface Impoundments X X X X X RR Individual Drain Systems X X X X X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X X X TT Equipment Leaks—Control Level 1 X X X X UU Equipment Leaks—Control Level 2 X X X X VV Oil-Water Separators and Organic-Water Separators X X X X X WW Storage Vessels (Tanks)—Control Level 2 X X X X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X X X X YY Generic MACT Standards X X X X CCC Steel Pickling X X X X DDD Mineral Wool Production X X X X EEE Hazardous Waste Combustors X X X X GGG Pharmaceuticals Production X X X X HHH Natural Gas Transmission and Storage Facilities X X X X III Flexible Polyurethane Foam Production X X X X JJJ Group IV Polymers and Resins X X X X X LLL Portland Cement Manufacturing Industry X X X MMM Pesticide Active Ingredient Production X X X X NNN Wool Fiberglass Manufacturing X X X X OOO Manufacture of Amino/Phenolic Resins X X X X PPP Polyether Polyols Production X X X X QQQ Primary Copper Smelting X X X RRR Secondary Aluminum Production X X X X TTT Primary Lead Smelting X X X UUU Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units X X X VVV Publicly Owned Treatment Works X X X X XXX Ferroalloys Production X X X X AAAA Municipal Solid Waste Landfills X X X X CCCC Manufacturing of Nutritional Yeast X X X X DDDD Plywood and Composite Wood Products X X X X EEEE Organic Liquids Distribution (non-gasoline) X X X X FFFF Miscellaneous Organic Chemical Manufacturing X X X X GGGG Solvent Extraction for Vegetable Oil Production X X X X HHHH Wet-Formed Fiberglass Mat Production X X X X IIII Surface Coating of Automobiles and Light-Duty Trucks X X X JJJJ Paper and Other Web Coating X X X X KKKK Surface Coating of Metal Cans X X X X MMMM Miscellaneous Metal Parts and Products X X X X NNNN Large Appliances X X X X OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X X X X PPPP Surface Coating of Plastic Parts and Products X X X QQQQ Wood Building Products X X X X RRRR Surface Coating of Metal Furniture X X X X SSSS Surface Coating of Metal Coil X X X X TTTT Leather Finishing Operations X X X X UUUU Cellulose Products Manufacturing X X X X VVVV Boat Manufacturing X X X X WWWW Reinforced Plastics Composites Production X X X X XXXX Tire Manufacturing X X X X YYYY Stationary Combustion Turbines X X X X ZZZZ Stationary Reciprocating Internal Combustion Engines X X X AAAAA Lime Manufacturing Plants X X X X BBBBB Semiconductor Manufacturing X X X X CCCCC Coke Oven: Pushing, Quenching and Battery Stacks X X X X DDDDD Industrial, Commercial, and Institutional Boiler and Process Heaters X X X EEEEE Iron and Steel Foundries X X X X FFFFF Integrated Iron and Steel X X X X GGGGG Site Remediation X X X X HHHHH Miscellaneous Coating Manufacturing X X X X IIIII Mercury Emissions from Mercury Cell Chlor-Alkali Plants X X X X JJJJJ Brick and Structural Clay Products Manufacturing X X X X KKKKK Clay Ceramics Manufacturing X X X X LLLLL Asphalt Roofing and Processing X X X X MMMMM Flexible Polyurethane Foam Fabrication Operation X X X X NNNNN Hydrochloric Acid Production X X X X PPPPP Engine Test Cells/Stands X X X X QQQQQ Friction Products Manufacturing X X X X RRRRR Taconite Iron Ore Processing X X X X SSSSS Refractory Products Manufacturing X X X X TTTTT Primary Magnesium Refining X X X X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X WWWWW Hospital Ethylene Oxide Sterilizers X X YYYYY Area Sources: Electric Arc Furnace Steelmaking Facilities X X ZZZZZ Iron and Steel Foundries Area Sources X X BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X X CCCCCC Gasoline Dispensing Facilities X X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X EEEEEE Primary Copper Smelting Area Sources X FFFFFF Secondary Copper Smelting Area Sources X GGGGGG Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium X X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X JJJJJJ Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources X X LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X MMMMMM Carbon Black Production Area Sources X X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X PPPPPP Lead Acid Battery Manufacturing Area Sources X X QQQQQQ Wood Preserving Area Sources X X RRRRRR Clay Ceramics Manufacturing Area Sources X X SSSSSS Glass Manufacturing Area Sources X X TTTTTT Secondary Nonferrous Metals Processing Area Sources X X VVVVVV Chemical Manufacturing Industry—Area Sources X X WWWWWW Area Source Standards for Plating and Polishing Operations X X XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X X YYYYYY Area Sources: Ferroalloys Production Facilities X X ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X X AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources X X BBBBBBB Chemical Preparations Industry—Area Sources X X CCCCCCC Paint and Allied Products Manufacturing—Area Sources X X DDDDDDD Prepared Feeds Manufacturing—Area Sources X X EEEEEEE Gold Mine Ore Processing and Production—Area Sources X X HHHHHHH Polyvinyl Chloride and Copolymers Production X X 1 2 3 4 5 (ii) [Reserved] (4) Arkansas. Delegation Status for Part 63 Standards—State of Arkansas 1 Subpart Source category DEQ 2 A General Provisions X F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X H HON—Equipment Leaks X I HON—Certain Processes Negotiated Equipment Leak Regulation X J Polyvinyl Chloride and Copolymers Production ( 3 K (Reserved) L Coke Oven Batteries X M Perchloroethylene Dry Cleaning X N Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Sterilizers X P (Reserved) Q Industrial Process Cooling Towers X R Gasoline Distribution X S Pulp and Paper Industry X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V (Reserved) W Epoxy Resins Production and Non-Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading X Z (Reserved) AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing X FF (Reserved) GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair Facilities X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X NN Wool Fiberglass Manufacturing at Area Sources OO Tanks-Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X TT Equipment Leaks—Control Level 1 X UU Equipment Leaks—Control Level 2 Standards X VV Oil—Water Separators and Organic—Water Separators X WW Storage Vessels (Tanks)—Control Level 2 X XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X YY Generic Maximum Achievable Control Technology Standards X ZZ-BBB (Reserved) CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF (Reserved) GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X KKK (Reserved) LLL Portland Cement Manufacturing X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Amino/Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS (Reserved) TTT Primary Lead Smelting X UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works (POTW) X WWW (Reserved) XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X CCCC Nutritional Yeast Manufacturing X DDDD Plywood and Composite Wood Products 4 EEEE Organic Liquids Distribution X FFFF Misc. Organic Chemical Production and Processes (MON) X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet Formed Fiberglass Mat Production X IIII Auto & Light Duty Truck (Surface Coating) X JJJJ Paper and other Web (Surface Coating) X KKKK Metal Can (Surface Coating) X MMMM Misc. Metal Parts and Products (Surface Coating) X NNNN Surface Coating of Large Appliances X OOOO Fabric Printing, Coating, and Dyeing X PPPP Surface Coating of Plastic Parts and Products X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating of Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Products Manufacturing X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Rubber Tire Manufacturing X YYYY Stationary Combustion Turbines X ZZZZ Reciprocating Internal Combustion Engines (RICE) X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters 5 EEEEE Iron and Steel Foundries X FFFFF Integrated Iron and Steel X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing 6 KKKKK Clay Ceramics Manufacturing 6 LLLLL Asphalt Roofing and Processing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production, Fumed Silica Production X OOOOO (Reserved) PPPPP Engine Test Facilities X QQQQQ Friction Products Manufacturing X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacture X TTTTT Primary Magnesium Refining X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 7 VVVVV (Reserved) WWWWW Hospital Ethylene Oxide Sterilizers XXXXX (Reserved) YYYYY Electric Arc Furnace Steelmaking Area Sources X ZZZZZ Iron and Steel Foundries Area Sources AAAAAA (Reserved) BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities CCCCCC Gasoline Dispensing Facilities DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources EEEEEE Primary Copper Smelting Area Sources X FFFFFF Secondary Copper Smelting Area Sources X GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources IIIIII (Reserved) JJJJJJ Industrial, Commercial, and Institutional Boilers: Area Sources KKKKKK (Reserved) LLLLLL Acrylic and Modacrylic Fibers Production Area Sources MMMMMM Carbon Black Production Area Sources X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources PPPPPP Lead Acid Battery Manufacturing Area Sources QQQQQQ Wood Preserving Area Sources RRRRRR Clay Ceramics Manufacturing Area Sources SSSSSS Glass Manufacturing Area Sources X TTTTTT Secondary Nonferrous Metals Processing Area Sources UUUUUU (Reserved) VVVVVV Chemical Manufacturing Area Sources X WWWWWW Plating and Polishing Operations Area Sources XXXXXX Nine Metal Fabrication and Finishing Categories Area Sources YYYYYY Ferroalloys Production Facilities Area Sources ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources BBBBBBB Chemical Preparations Industry Area Sources CCCCCCC Paints and Allied Products Manufacturing Area Sources DDDDDDD Prepared Feeds Manufacturing Area Sources EEEEEEE Gold Mine Ore Processing and Production Area Sources FFFFFFF Reserved GGGGGGG Reserved HHHHHHH Polyvinyl Chloride and Copolymers Production X 1 2 e.g., 3 Mossville Environmental Action Network EPA, 4 5 6 7 (5) California California major sources. (B) California area sources. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 ( 10 ( 11 ( 12 ( 13 (ii) California approvals other than straight delegation. California Regulatory Requirements Applicable to the Air Toxics Program, (A) The material incorporated in Chapter 1 of the California Regulatory Requirements Applicable to the Air Toxics Program ( 1 ( i ( ii ( iii (B) [Reserved] (C) The material incorporated in Chapter 3 of the California Regulatory Requirements Applicable to the Air Toxics Program (South Coast Air Quality Management District Rule 1421) pertains to the perchloroethylene dry cleaning source category in the South Coast Air Quality Management District, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities, as it applies to area sources only, as defined in § 63.320(h). ( 1 ( i ( ii (D) [Reserved] (E) The material incorporated in Chapter 5 of the California Regulatory Requirements Applicable to the Air Toxics Program (California Code of Regulations, Title 17, section 93102) pertains to the chromium electroplating and anodizing source category in the State of California, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of subpart N—National Emission Standards for Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks. ( 1 Title V requirements. ( 2 Limits on maximum cumulative potential rectifier usage. ( 3 Permitting Agencies' breakdown/malfunction rules. ( 4 Performance test requirements. (6)-(7) [Reserved] (8) Delaware. (ii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A, effective September 11, 1999 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart A pertains to owners and operators of stationary sources in the State of Delaware that are subject to emission standard requirements of the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subparts M, N and Q and 40 CFR part 63 and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart A. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart A, in accordance with the final rule, published in the Federal Register (iii) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M, effective October 11, 2000 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart M pertains to owners and operators of perchloroethylene drycleaning facilities and has been approved under the procedures in § 63.91 and § 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart M. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart M, in accordance with the final rule, published in the Federal Register (iv) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N, effective October 11, 2000 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart N pertains to owners and operators of hard and decorative chromium electroplating and chromium anodizing tanks and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart N. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart N, in accordance with the final rule, published in the Federal Register (v) Affected sources must comply with the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q, effective May 11, 1998 (incorporated by reference as specified in § 63.14). The material incorporated in the State of Delaware Regulations Governing the Control of Air Pollution, Regulation No. 38, subpart Q pertains to owners and operators of industrial process cooling towers and has been approved under the procedures in §§ 63.91 and 63.92 to be implemented and enforced in place of 40 CFR part 63, subpart Q. Delaware is delegated the authority to implement and enforce its regulation in place of 40 CFR part 63, subpart Q, in accordance with the final rule, published in the Federal Register (9) District of Columbia. (10) Florida. Part 63 Major & Area Source Rule Delegations—Florida 1 Source category Subpart FDEP 1 HON F, G, H, I X 2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J X 3 Coke Ovens L X 4 Dry Cleaners M X 5 Chromium Electroplating N X 6 EtO Commercial Sterilization O X 7 Chromium Cooling Towers Q X 8 Gasoline Distribution (stage 1) R X 9 Pulp & Paper I S X 10 Halogenated Solvent Cleaning T X 11 Polymer & Resins 1 U X 12 Polymer & Resins 2 W X 13 Secondary Lead Smelters X X 14 Marine Tank Vessel Loading Y X 15 Phosphoric Acid Mfg AA X 16 Phosphate Fertilizers Prod BB X 17 Petroleum Refineries CC X 18 Offsite Waste & Recovery DD X Tanks; Level 1 OO X Containers PP X Surface Impoundments QQ X Drain Systems RR X Oil-Water Separators VV X 19 Magnetic Tape EE X 20 Aerospace Industry GG X 21 Oil & Natural Gas Prod HH X Area Source Requirements >>. 22 Shipbuilding and Repair II X 23 Wood Furniture Mfg JJ X 24 Printing & Publishing KK X 25 Primary Aluminum LL X 26 Pulp & Paper II (Combustion sources) MM X 27 Generic MACT: Control Devices SS X Eq. Leaks—Level 1 TT X Eq. Leaks—Level 2 UU X Tanks—Level 2 WW X 28 Generic MACT: Ethylene Mfg XX & YY X Carbon Black YY X Spandex Prod YY X Cyanide Chemical Mfg YY X Acetal Resins YY X Acrylic/Modacrylic Fibers YY X Hydrogen Fluoride Prod YY X Polycarbonates Prod YY X 29 Steel Pickeling CCC X 30 Mineral Wool Prod DDD X 31 Hazardous Waste Combustion (Phase I) EEE X 32 Boilers that burn Haz. Waste (Phase II) EEE X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X 34 Pharmaceutical Prod GGG X 35 Nat. Gas Transmission & Storage HHH X 36 Flexible Polyurethane Foam Prod III X 37 Polymer & Resins 4 JJJ X 38 Portland Cement LLL X 39 Pesticide Active Ingredients MMM X 40 Wool Fiberglass NNN X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X 42 Polyether Polyols Prod PPP X 43 Primary Copper QQQ X 44 Secondary Aluminum Prod RRR X 45 Primary Lead Smelting TTT X 46 Petro Refineries (FCC units) UUU X 47 POTW VVV X 48 Ferroalloys XXX X 49 Municipal Landfills AAAA X 50 Nutritional Yeast CCCC X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X 52 Organic Liquids Distribution (non-gas) EEEE X 53 Misc. Organic NESHAP FFFF X 54 Vegetable Oil GGGG X 55 Wet Formed Fiberglass HHHH X 56 Auto & Light Duty Truck (coating) IIII X 57 Paper & Other Webs JJJJ X 58 Metal Can (coating) KKKK X 59 Misc. Metal Parts (coating) MMMM X 60 Large Appliances (coating) NNNN X 61 Printing, Coating, & Dyeing Fabrics OOOO X 62 Plastic Parts & Products (coating) PPPP X 63 Wood Building Products QQQQ X 64 Metal Furniture (coating) RRRR X 65 Metal Coil (coating) SSSS X 66 Leather Tanning & Finishing TTTT X 67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X 68 Boat Manufacturing VVVV X 69 Reinforced Plastic Composites WWWW X 70 Rubber Tire Mfg XXXX X 71 Stationary Combustion Turbines YYYY X 72 Reciprocating Int. Combustion Engines ZZZZ X Area Source Requirements >>. 73 Lime Manufacturing AAAAA X 74 Semiconductor Production BBBBB X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD 77 Iron Foundries EEEEE X 78 Integrated Iron & Steel FFFFF X 79 Site Remediation GGGGG X 80 Misc. Coating Manufacturing HHHHH X 81 Mercury Cell Chlor-Alkali IIIII X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ X 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK X 84 Asphalt Roofing & Processing LLLLL X 85 Flex. Polyurethane Foam Fabrication MMMMM X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X 87 Engine & Rocket Test Facilities PPPPP X 88 Friction Materials Manufacturing QQQQQ X 89 Taconite Iron Ore RRRRR X 90 Refactories SSSSS X 91 Primary Magnesium TTTTT X Area Source Rules 92 Hospital Sterilizers WWWWW 93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY X 94 Iron & Steel foundries ZZZZZ X 95 Gasoline Distribution—Bulk BBBBBB 96 Gasoline Dispensing Facilities CCCCCC 97 PVC & Copolymers Prod DDDDDD X 98 Primary Copper EEEEEE X 99 Secondary Copper Smelting FFFFFF X 100 Primary Nonferrous Metals GGGGGG X 101 Paint Stripping HHHHHH Auto-Body Refinishing Plastic Parts & Prod. (coating) 102 Acrylic/Modacrylic Fibers Prod LLLLLL X 103 Carbon Black Prod MMMMMM X 104 Chemical Mfg. Chrom NNNNNN X 105 Flex. Polyurethane Foam Fab OOOOOO X Flex. Polyurethane Foam Prod 106 Lead Acid Battery Mfg PPPPPP X 107 Wood Preserving QQQQQQ X 108 Clay Ceramics Mfg RRRRRR X 109 Glass Mfg SSSSSS X 110 Secondary Nonferrous Metals TTTTTT X 110 Plating and Polishing WWWWWW 112 Industrial Mach. & Eq. Finishing XXXXXX Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Heating Eq. Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg 113 Ferroalloys Production YYYYYY Ferro/Silico Manganese 1 (ii) [Reserved] (11) Georgia. Part 63 Major & Area Source Rule Delegations—Georgia 1 Source category Subpart GEPD 1 HON F, G, H, I X 2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J X 3 Coke Ovens L X 4 Dry Cleaners M X 5 Chromium Electroplating N X 6 EtO Commercial Sterilization O X 7 Chromium Cooling Towers Q X 8 Gasoline Distribution (stage 1) R X 9 Pulp & Paper I S X 10 Halogenated Solvent Cleaning T X 11 Polymer & Resins 1 U X 12 Polymer & Resins 2 W X 13 Secondary Lead Smelters X X 14 Marine Tank Vessel Loading Y X 15 Phosphoric Acid Mfg AA X 16 Phosphate Fertilizers Prod BB X 17 Petroleum Refineries CC X 18 Offsite Waste & Recovery DD X Tanks; Level 1 OO X Containers PP X Surface Impoundments QQ X Drain Systems RR X Oil-Water Separators VV X 19 Magnetic Tape EE X 20 Aerospace Industry GG X 21 Oil & Natural Gas Prod HH X Area Source Requirements >>. 22 Shipbuilding and Repair II X 23 Wood Furniture Mfg JJ X 24 Printing & Publishing KK X 25 Primary Aluminum LL 26 Pulp & Paper II (Combustion sources) MM X 27 Generic MACT: Control Devices SS X Eq. Leaks—Level 1 TT X Eq. Leaks—Level 2 UU X Tanks—Level 2 WW X 28 Generic MACT: Ethylene Mfg XX & YY X Carbon Black YY X Spandex Prod YY X Cyanide Chemical Mfg YY X Acetal Resins YY X Acrylic/Modacrylic Fibers YY X Hydrogen Fluoride Prod YY X Polycarbonates Prod YY X 29 Steel Pickeling CCC X 30 Mineral Wool Prod DDD X 31 Hazardous Waste Combustion (Phase I) EEE X 32 Boilers that burn Haz. Waste (Phase II) EEE X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X 34 Pharmaceutical Prod GGG X 35 Nat. Gas Transmission & Storage HHH X 36 Flexible Polyurethane Foam Prod I I I X 37 Polymer & Resins 4 JJJ X 38 Portland Cement LLL X 39 Pesticide Active Ingredients MMM X 40 Wool Fiberglass NNN X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X 42 Polyether Polyols Prod PPP X 43 Primary Copper QQQ X 44 Secondary Aluminum Prod RRR X 45 Primary Lead Smelting TTT X 46 Petro Refineries (FCC units) UUU X 47 POTW VVV X 48 Ferroalloys XXX X 49 Municipal Landfills AAAA X 50 Nutritional Yeast CCCC X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X 52 Organic Liquids Distribution (non-gas) EEEE X 53 Misc. Organic NESHAP FFFF X 54 Vegetable Oil GGGG X 55 Wet Formed Fiberglass HHHH X 56 Auto & Light Duty Truck (coating) IIII X 57 Paper & Other Webs JJJJ X 58 Metal Can (coating) KKKK X 59 Misc. Metal Parts (coating) MMMM X 60 Large Appliances (coating) NNNN X 61 Printing, Coating, & Dyeing Fabrics OOOO X 62 Plastic Parts & Products (coating) PPPP X 63 Wood Building Products QQQQ X 64 Metal Furniture (coating) RRRR X 65 Metal Coil (coating) S S S S X 66 Leather Tanning & Finishing TTTT X 67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X 68 Boat Manufacturing VVVV X 69 Reinforced Plastic Composites WWWW X 70 Rubber Tire Mfg XXXX X 71 Stationary Combustion Turbines YYYY X 72 Reciprocating Int. Combustion Engines ZZZZ X Area Source Requirements >>. 73 Lime Manufacturing AAAAA X 74 Semiconductor Production BBBBB X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD 77 Iron Foundries EEEEE X 78 Integrated Iron & Steel FFFFF X 79 Site Remediation GGGGG X 80 Misc. Coating Manufacturing HHHHH X 81 Mercury Cell Chlor-Alkali IIIII X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK 84 Asphalt Roofing & Processing LLLLL X 85 Flex. Polyurethane Foam Fabrication MMMMM X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X 87 Engine & Rocket Test Facilities PPPPP X 88 Friction Materials Manufacturing QQQQQ X 89 Taconite Iron Ore RRRRR X 90 Refactories SSSSS X 91 Primary Magnesium TTTTT X Area Source Rules 92 Hospital Sterilizers WWWWW 93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY 94 Iron & Steel foundries ZZZZZ 95 Gasoline Distribution—Bulk BBBBBB 96 Gasoline Dispensing Facilities CCCCCC 97 PVC & Copolymers Prod DDDDDD 98 Primary Copper EEEEEE 99 Secondary Copper Smelting FFFFFF 100 Primary Nonferrous Metals GGGGGG Paint Stripping 101 Auto-Body Refinishing HHHHHH Plastic Parts & Prod. (coating) 102 Acrylic/Modacrylic Fibers Prod LLLLLL 103 Carbon Black Prod MMMMMM 104 Chemical Mfg. Chrom NNNNNN Flex. Polyurethane Foam Fab 105 Flex. Polyurethane Foam Prod OOOOOO 106 Lead Acid Battery Mfg PPPPPP 107 Wood Preserving QQQQQQ 108 Clay Ceramics Mfg RRRRRR 109 Glass Mfg SSSSSS 110 Secondary Nonferrous Metals TTTTTT 110 Plating and Polishing WWWWWW 112 Industrial Mach. & Eq. Finishing XXXXXX Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Heating Eq. Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg 113 Ferroalloys Production YYYYYY Ferro/Silico Manganese 1 (ii) Georgia Environmental Protection Division (GEPD) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Augusta Mill, Augusta, Georgia, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon GEPD including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (12) [Reserved] (13) Idaho. Delegation Status of Part 63 NESHAPS—State of Idaho 1 Subpart IDEQ A. General Provisions X D. Early Reductions X F. HON-SOCMI X G. HON-Process Vents X H. HON-Equipment Leaks X I. HON-Negotiated Leaks X L. Coke Oven Batteries X M. Perchloroethylene Dry Cleaning X N. Chromium Electroplating X O. Ethylene Oxide Sterilizers X Q. Industrial Process Cooling Towers X R. Gasoline Distribution X S. Pulp and Paper X T. Halogenated Solvent Cleaning X U. Polymers and Resins I X W. Polymers and Resins II—Epoxy X X. Secondary Lead Smelting X Y. Marine Tank Vessel Loading X AA. Phosphoric Acid Manufacturing Plants X BB. Phosphate Fertilizers Production Plants X CC. Petroleum Refineries X DD. Off-Site Waste and Recovery X EE. Magnetic Tape Manufacturing X GG. Aerospace Manufacturing & Rework X HH. Oil and Natural Gas Production Facilities X II. Shipbuilding and Ship Repair X JJ. Wood Furniture Manufacturing Operations X KK. Printing and Publishing Industry X LL. Primary Aluminum X OO. Tanks—Level 1 X PP. Containers X QQ. Surface Impoundments X RR. Individual Drain Systems X SS. Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process TT. Equipment Leaks—Control Level 1 X UU. Equipment Leaks—Control Level 2 X VV. Oil-Water Separators and Organic-Water Separators X WW. Storage Vessels (Tanks)—Control Level 2 X YY. Source Categories: Generic MACT X CCC. Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X DDD. Mineral Wool Production X EEE. Hazardous Waste Combustors X GGG. Pharmaceuticals Production X HHH. Natural Gas Transmission and Storage Facilities X III. Flexible Polyurethane Foam Production X JJJ. Polymers and Resins IV X LLL. Portland Cement Manufacturing X MMM. Pesticide Active Ingredient Production X NNN. Wool Fiberglass Manufacturing X OOO. Manufacture of Amino Phenolic Resins X PPP. Polyether Polyols Production X RRR. Secondary Aluminum Production X TTT. Primary Lead Smelting X VVV. Publicly Owned Treatment Works X XXX. Ferroalloys Production: Ferromanganese & Silicomanganese X 1 (ii) [Reserved] (14)-(17) [Reserved] (18) Kentucky. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Kentucky Department of Environmental Protection for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Part 63 Major and Area Source Rule Delegations—Kentucky 1 Source category Subpart KDEP 2 LAPCD 3 1 HON F,G,H,I X X 2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J 3 Coke Ovens L X X 4 Dry Cleaners M X X 5 Chromium Electroplating N X X 6 EtO Commercial Sterilization O X X 7 Chromium Cooling Towers Q X X 8 Gasoline Distribution (stage 1) R X X 9 Pulp & Paper I S X X 10 Halogenated Solvent Cleaning T X X 11 Polymer & Resins 1 U X X 12 Polymer & Resins 2 W X X 13 Secondary Lead Smelters X X X 14 Marine Tank Vessel Loading Y X X 15 Phosphoric Acid Mfg AA X X 16 Phosphate Fertilizers Prod BB X X 17 Petroleum Refineries CC X X 18 Offsite Waste & Recovery DD X X Tanks; Level 1 OO X X Containers PP X X Surface Impoundments QQ X X Drain Systems RR X X Oil-Water Separators VV X X 19 Magnetic Tape EE X X 20 Aerospace Industry GG X X 21 Oil & Natural Gas Prod HH X X Area Source Requirements >>. X 22 Shipbuilding and Repair II X X 23 Wood Furniture Mfg JJ X X 24 Printing & Publishing KK X X 25 Primary Aluminum LL X 26 Pulp & Paper II (Combustion sources) MM X X 27 Generic MACT: Control Devices SS X X Eq. Leaks—Level 1 TT X X Eq. Leaks—Level 2 UU X X Tanks—Level 2 WW X X 28 General MACT: Ethylene Mfg XX & YY X X Carbon Black YY X X Spandex Prod YY X X Cyanide Chemical Mfg YY X X Acetal Resins YY X X Acrylic/Modacrylic Fibers YY X X Hydrogen Fluoride Prod YY X X Polycarbonates Prod YY X X 29 Steel Pickling CCC X X 30 Mineral Wool Prod DDD X X 31 Hazardous Waste Combustion (Phase I) EEE X X 32 Boilers that burn Haz. Waste (Phase II) EEE X X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X 34 Pharmaceutical Prod GGG X X 35 Nat. Gas Transmission & Storage HHH X X 36 Flexible Polyurethane Foam Prod III X X 37 Polymer & Resins 4 JJJ X X 38 Portland Cement LLL X X 39 Pesticide Active Ingredients MMM X X 40 Wool Fiberglass NNN X X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X X 42 Polyether Polyols Prod PPP X X 43 Primary Copper QQQ X X 44 Secondary Aluminum Prod RRR X X 45 Primary Lead Smelting TTT X 46 Petro Refineries (FCC units) UUU X X 47 POTW VVV X X 48 Ferroalloys XXX X X 49 Municipal Landfills AAAA X X 50 Nutritional Yeast CCCC X X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X 52 Organic Liquids Distribution (non-gas) EEEE X X 53 Misc. Organic NESHAP FFFF X X 54 Vegetable Oil GGGG X X 55 Wet Formed Fiberglass HHHH X X 56 Auto & Light Duty Truck (coating) IIII X X 57 Paper & Other Webs JJJJ X X 58 Metal Can (coating) KKKK X X 59 Misc. Metal Parts (coating) MMMM X X 60 Large Appliances (coating) NNNN X X 61 Printing, Coating, & Dyeing Fabrics OOOO X X 62 Plastic Parts & Products (coating) PPPP X X 63 Wood Building Products QQQQ X X 64 Metal Furniture (coating) RRRR X X 65 Metal Coil (coating) SSSS X X 66 Leather Tanning & Finishing TTTT X X 67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X X 68 Boat Manufacturing VVVV X X 69 Reinforced Plastic Composites WWWW X X 70 Rubber Tire Mfg XXXX X X 71 Stationary Combustion Turbines YYYY X X 72 Reciprocating Int. Combustion Engines ZZZZ X X Area Source Requirements >>. X 73 Lime Manufacturing AAAAA X X 74 Semiconductor Production BBBBB X X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07. DDDDD 77 Iron Foundries EEEEE X X 78 Integrated Iron & Steel FFFFF X X 79 Site Remediation GGGGG X X 80 Misc. Coating Manufacturing HHHHH X X 81 Mercury Cell Chlor-Alkali IIIII X X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK 84 Asphalt Roofing & Processing LLLLL X X 85 Flex. Polyurethane Foam Fabrication MMMMM X X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X X 87 Engine & Rocket Test Facilities PPPPP X X 88 Friction Materials Manufacturing QQQQQ X X 89 Taconite Iron Ore RRRRR X X 90 Refactories SSSSS X X 91 Primary Magnesium TTTTT X X Ares Source Rules 92 Hospital Sterilizers WWWWW X 93 Electric Arc Furnaces Stainless and Nonstainless Steel Mfg YYYYY X 94 Iron & Steel foundries ZZZZZ X 95 Gasoline Distribution—Bulk BBBBBB X 96 Gasoline Dispensing Facilities CCCCCC X 97 PVC & Copolymers Prod DDDDDD X 98 Primary Copper EEEEEE X 99 Secondary Copper Smelting FFFFFF X 100 Primary Nonferrous Metals Paint Stripping GGGGGG X 101 Auto-Body Refinishing Plastic Parts & Prod. (coating) HHHHHH X 102 Acrylic/Modacrylic Fibers Prod LLLLLL X 103 Carbon Black Prod MMMMMM X 104 Chemical Mfg. Chrom Flex. Polyurethane Foam Fab NNNNNN X 105 Flex. Polyurethane Foam Prod OOOOOO X 106 Lead Acid Battery Mfg PPPPPP X 107 Wood Preserving QQQQQQ X 108 Clay Ceramics Mfg RRRRRR 109 Glass Mfg SSSSSS 110 Secondary Nonferrous Metals TTTTTT 111 Plating and Polishing WWWWWW 112 Hearing Eq. Mfg XXXXXX Industrial Mach. & Eq. Finishing Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg Ferroalloys Production 113 Ferro/Silico Manganese YYYYYY 1 2 3 (ii) [Reserved] (19) Louisiana. (i) The following table lists the specific part 63 standards that have been delegated unchanged to the Louisiana Department of Environmental Quality for all sources. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law, regulations, policy, guidance, and determinations. Some authorities cannot be delegated and are retained by EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after July 1, 2021, are not delegated. Delegation Status for Part 63 Standards—State of Louisiana [Excluding Indian Country] Subpart Source category LDEQ 1 A General Provisions X B Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act Sections, 112(g) and 112(j) No C List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List No D Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants No E Approval of State Programs and Delegation of Federal Authorities No F Synthetic Organic Chemical Manufacturing Industry (SOCMI) X G SOCMI for Process Vents, Storage Vessels, Transfer Operations and Wastewater X H Equipment Leaks and Fenceline Monitoring for All Emission Sources X I Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X J Polyvinyl Chloride and Copolymers Production No K [Reserved] L Coke Oven Batteries X M Perchloroethylene Air Emission Standards for Dry Cleaning Facilities X N Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Emissions Standards for Sterilization Facilities X P [Reserved] Q Industrial Process Cooling Towers X R Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Sessions) X S Pulp and Paper Industry X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V [Reserved] W Epoxy Resins Production and Non-Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading Operations X Z [Reserved] AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing Operations X FF [Reserved] GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair (Surface Coating) X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X NN Wool Fiberglass Manufacturing at Area Sources X OO Tanks-Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X TT Equipment Leaks—Control Level 1 X UU Equipment Leaks—Control Level 2 Standards X VV Oil-Water Separators and Organic-Water Separators X WW Storage Vessels (Tanks)—Control Level 2 X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X YY Generic Maximum Achievable Control Technology Standards X ZZ-BBB [Reserved] CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF [Reserved] GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X KKK [Reserved] LLL Portland Cement Manufacturing Industry X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Manufacture of Amino/Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS [Reserved] TTT Primary Lead Smelting X UUU Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works X WWW [Reserved] XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X BBBB [Reserved] CCCC Manufacturing of Nutritional Yeast X DDDD Plywood and Composite Wood Products 2 EEEE Organic Liquids Distribution (Non-Gasoline) X FFFF Miscellaneous Organic Chemical Manufacturing X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet-Formed Fiberglass Mat Production X IIII Surface Coating of Automobiles and Light-Duty Trucks X JJJJ Paper and other Web Coating X KKKK Surface Coating of Metal Cans X MMMM Surface Coating of Miscellaneous Metal Parts and Products X NNNN Surface Coating of Large Appliances X OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X PPPP Surface Coating of Plastic Parts and Products X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating for Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Products Manufacturing X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Rubber Tire Manufacturing X YYYY Stationary Combustion Turbines X ZZZZ Stationary Reciprocating Internal Combustion Engines X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters No EEEEE Iron and Steel Foundries X FFFFF Integrated Iron and Steel Manufacturing Facilities X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X KKKKK Clay Ceramics Manufacturing X LLLLL Asphalt Processing and Asphalt Roofing Manufacturing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production X OOOOO [Reserved] PPPPP Engine Test Cells/Stands X QQQQQ Friction Materials Manufacturing Facilities X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacturing X TTTTT Primary Magnesium Refining X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 3 VVVVV [Reserved] WWWWW Hospital Ethylene Oxide Sterilizers X XXXXX [Reserved] YYYYY Area Sources: Electric Arc Furnace Steelmaking Sources X ZZZZZ Iron and Steel Foundries Area Sources X AAAAAA [Reserved] BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X CCCCCC Gasoline Dispensing Facilities X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X EEEEEE Primary Copper Smelting Area Sources X FFFFFF Secondary Copper Smelting Area Sources X GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X IIIIII [Reserved] JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X KKKKKK [Reserved] LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X MMMMMM Carbon Black Production Area Sources X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X PPPPPP Lead Acid Battery Manufacturing Area Sources X QQQQQQ Wood Preserving Area Sources X RRRRRR Clay Ceramics Manufacturing Area Sources X SSSSSS Glass Manufacturing Area Sources X TTTTTT Secondary Nonferrous Metals Processing Area Sources X UUUUUU [Reserved] VVVVVV Chemical Manufacturing Area Sources X WWWWWW Area Source Standards for Plating and Polishing Operations X XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X YYYYYY Area Sources: Ferroalloys Production Facilities X ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X AAAAAAA Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing X BBBBBBB Area Sources: Chemical Preparation Industry X CCCCCCC Area Sources: Paints and Allied Products Manufacturing X DDDDDDD Prepared Feeds Areas Sources X EEEEEEE Gold Mine Ore Processing and Production Area Source Category X FFFFFFF-GGGGGGG [Reserved] HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X Appendix A Test Methods X Appendix B Sources Defined by Rarely Reduction Provisions X Appendix C Determination of the Fraction Biodegraded (F bio X Appendix D Alternative Validation Procedure for EPA Waste and Wastewater Methods X Appendix E Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions X 1 e.g., 2 3 (20) Maine. (i) [Reserved] (ii) Maine Department of Environmental Protection (ME DEP) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Lincoln Pulp and Paper, located in Lincoln, Maine, for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon ME DEP including, in title V permits, terms and conditions that are no less stringent than the federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (iii) Affected area sources within Maine must comply with the Maine Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(20)(iii)(A) of this section: (A) The material incorporated into the Maine Department of Environmental Protection regulations at Chapter 125, Perchloroethylene Dry Cleaner Regulation, effective as of June 2, 1991, last amended on June 24, 2009, pertaining to dry cleaning facilities in the State of Maine jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in § 63.320(h). ( 1 ( i ( ii ( 2 (B) [Reserved] (21) Maryland. (ii) Maryland is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Maryland Department of the Environment and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule. (iii) EPA has granted the Maryland Department of the Environment (MDE) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the MDE may establish and enforce alternative State requirements for MeadWestvaco Company's Luke Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills found at 40 CFR part 63, subpart MM. The MDE may only establish alternative requirements for the Luke Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The MDE must, in order to establish alternative requirements for the Luke Mill under its EPA approved EBP program: submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and issue a CAA Title V permit for the Luke Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the MDE has issued a final CAA Title V permit incorporating them, MeadWestvaco Company's Luke Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart MM. (22) Massachusetts. (i) [Reserved] (ii) Affected area sources within Massachusetts must comply with the Massachusetts Regulations Applicable to Hazardous Air Pollutants (incorporated by reference as specified in § 63.14) as described in paragraph (a)(22)(ii)(A) of this section: (A) The material incorporated into the Massachusetts Department of Environmental Protection regulations at 310 CMR 7.26(10)-(16), Air Pollution Control, effective as of September 5, 2008, corrected March 6, 2009, and 310 CMR 70.00, Environmental Results Program Certification, effective as of December 28, 2007, pertaining to dry cleaning facilities in the Commonwealth of Massachusetts jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008, for area sources only, as defined in § 63.320(h). ( 1 ( i ( ii (B) [Reserved] (23)-(24) [Reserved] (25) Mississippi. Part 63 Major & Area Source Rule Delegations—Mississippi 1 Source category Subpart MDEQ 1 HON F, G, H, I X 2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J 3 Coke Ovens L X 4 Dry Cleaners M X 5 Chromium Electroplating N X 6 EtO Commercial Sterilization O X 7 Chromium Cooling Towers Q X 8 Gasoline Distribution (stage 1) R X 9 Pulp & Paper I S X 10 Halogenated Solvent Cleaning T X 11 Polymer & Resins 1 U X 12 Polymer & Resins 2 W X 13 Secondary Lead Smelters X X 14 Marine Tank Vessel Loading Y X 15 Phosphoric Acid Mfg AA X 16 Phosphate Fertilizers Prod BB X 17 Petroleum Refineries CC X 18 Offsite Waste & Recovery DD X Tanks; Level 1 OO X Containers PP X Surface Impoundments QQ X Drain Systems RR X Oil-Water Separators VV X 19 Magnetic Tape EE X 20 Aerospace Industry GG X 21 Oil & Natural Gas Prod HH X Area Source Requirements >>. 22 Shipbuilding and Repair II X 23 Wood Furniture Mfg JJ X 24 Printing & Publishing KK X 25 Primary Aluminum LL X 26 Pulp & Paper II (Combustion sources) MM X 27 Generic MACT: Control Devices SS X Eq. Leaks—Level 1 TT X Eq. Leaks—Level 2 UU X Tanks—Level 2 WW X 28 Generic MACT: Ethylene Mfg XX & YY X Carbon Black YY X Spandex Prod YY X Cyanide Chemical Mfg YY X Acetal Resins YY X Acrylic/Modacrylic Fibers YY X Hydrogen Fluoride Prod YY X Polycarbonates Prod YY X 29 Steel Pickeling CCC X 30 Mineral Wool Prod DDD X 31 Hazardous Waste Combustion (Phase I) EEE X 32 Boilers that burn Haz. Waste (Phase II) EEE X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X 34 Pharmaceutical Prod GGG X 35 Nat. Gas Transmission & Storage HHH X 36 Flexible Polyurethane Foam Prod III X 37 Polymer & Resins 4 JJJ X 38 Portland Cement LLL X 39 Pesticide Active Ingredients MMM X 40 Wool Fiberglass NNN X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X 42 Polyether Polyols Prod PPP X 43 Primary Copper QQQ X 44 Secondary Aluminum Prod RRR X 45 Primary Lead Smelting TTT X 46 Petro Refineries (FCC units) UUU X 47 POTW VVV X 48 Ferroalloys XXX X 49 Municipal Landfills AAAA X 50 Nutritional Yeast CCCC X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X 52 Organic Liquids Distribution (non-gas) EEEE X 53 Misc. Organic NESHAP FFFF X 54 Vegetable Oil GGGG X 55 Wet Formed Fiberglass HHHH X 56 Auto & Light Duty Truck (coating) IIII X 57 Paper & Other Webs JJJJ X 58 Metal Can (coating) KKKK X 59 Misc. Metal Parts (coating) MMMM X 60 Large Appliances (coating) NNNN X 61 Printing, Coating, & Dyeing Fabrics OOOO X 62 Plastic Parts & Products (coating) PPPP X 63 Wood Building Products QQQQ X 64 Metal Furniture (coating) RRRR X 65 Metal Coil (coating) SSSS X 66 Leather Tanning & Finishing TTTT X 67 Cellulose Ethers Prod. Misc. Viscose Processes UUUU X 68 Boat Manufacturing VVVV X 69 Reinforced Plastic Composites WWWW X 70 Rubber Tire Mfg XXXX X 71 Stationary Combustion Turbines YYYY X 72 Reciprocating Int. Combustion Engines ZZZZ X Area Source Requirements >>. 73 Lime Manufacturing AAAAA X 74 Semiconductor Production BBBBB X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD 77 Iron Foundries EEEEE X 78 Integrated Iron & Steel FFFFF X 79 Site Remediation GGGGG X 80 Misc. Coating Manufacturing HHHHH X 81 Mercury Cell Chlor-Alkali IIIII X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK 84 Asphalt Roofing & Processing LLLLL X 85 Flex. Polyurethane Foam Fabrication MMMMM X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X 87 Engine & Rocket Test Facilities PPPPP X 88 Friction Materials Manufacturing QQQQQ X 89 Taconite Iron Ore RRRRR X 90 Refactories SSSSS X 91 Primary Magnesium TTTTT X Area Source Rules 92 Hospital Sterilizers WWWWW X 93 Stainless and Nonstainless Steel Mfg. Electric Arc Furnaces YYYYY X 94 Iron & Steel foundries ZZZZZ X 95 Gasoline Distribution—Bulk BBBBBB X 96 Gasoline Dispensing Facilities CCCCCC X 97 PVC & Copolymers Prod. DDDDDD X 98 Primary Copper EEEEEE X 99 Secondary Copper Smelting FFFFFF X 100 Primary Nonferrous Metals GGGGGG X Paint Stripping 101 Auto-Body Refinishing HHHHHH Plastic Parts & Prod. (coating) 102 Acrylic/Modacrylic Fibers Prod LLLLLL X 103 Carbon Black Prod MMMMMM X 104 Chemical Mfg. Chrom NNNNNN X Flex. Polyurethane Foam Fab 105 Flex. Polyurethane Foam Prod OOOOOO X 106 Lead Acid Battery Mfg. PPPPPP X 107 Wood Preserving QQQQQQ X 108 Clay Ceramics Mfg RRRRRR X 109 Glass Mfg SSSSSS X 110 Secondary Nonferrous Metals TTTTTT X 110 Plating and Polishing WWWWWW X 112 Heating Eq. Mfg XXXXXX X Industrial Mach. & Eq. Finishing Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg 113 Ferroalloys Production YYYYYY 1 (ii) [Reserved] (26) Affected agricultural anhydrous ammonia facilities within Missouri must comply with the Chemical Accident Prevention for Agricultural Anhydrous Ammonia 10 CSR 10-6.255 (incorporated by reference, see § 63.14). 10 CSR 10-6.255 of Missouri's Code of State Regulations pertains to agricultural anhydrous ammonia facilities in the State of Missouri's jurisdiction and have been approved under the procedures of § 63.93 and § 63.95 to be implemented and enforced in place of 40 CFR part 68 by the State. (27)-(28) [Reserved] (29) Nevada. Table 11 to Paragraph ( a i Subpart Description NDEP 1 Washoe 2 Clark 3 A General Provisions X X X F Synthetic Organic Chemical Manufacturing Industry X X G Synthetic Organic Chemical Manufacturing Industry: Process Vents, Storage Vessels, Transfer Operations, and Wastewater X X H Organic Hazardous Air Pollutants: Equipment Leaks X X I Organic Hazardous Air Pollutants: Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X X J Polyvinyl Chloride and Copolymers Production X X L Coke Oven Batteries X X M Perchloroethylene Dry Cleaning X X X N Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X X X O Ethylene Oxide Sterilization Facilities X X X Q Industrial Process Cooling Towers X X R Gasoline Distribution Facilities X X X S Pulp and Paper X X T Halogenated Solvent Cleaning X X X U Group I Polymers and Resins X X W Epoxy Resins Production and Non-Nylon Polyamides Production X X X Secondary Lead Smelting X X Y Marine Tank Vessel Loading Operations X AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing Operations X X GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X X II Shipbuilding and Ship Repair (Surface Coating) X X JJ Wood Furniture Manufacturing Operations X X KK Printing and Publishing Industry X X X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X OO Tanks—Level 1 X X PP Containers X X QQ Surface Impoundments X X RR Individual Drain Systems X X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X TT Equipment Leaks—Control Level 1 X X UU Equipment Leaks—Control Level 2 X X VV Oil-Water Separators and Organic-Water Separators X X WW Storage Vessels (Tanks)—Control Level 2 X X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X X YY Generic MACT Standards X X CCC Steel Pickling X X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X X GGG Pharmaceuticals Production X X HHH Natural Gas Transmission and Storage Facilities X X III Flexible Polyurethane Foam Production X X JJJ Group IV Polymers and Resins X X LLL Portland Cement Manufacturing Industry X X MMM Pesticide Active Ingredient Production X X NNN Wool Fiberglass Manufacturing X OOO Manufacture of Amino/Phenolic Resins X X PPP Polyether Polyols Production X X QQQ Primary Copper Smelting X X RRR Secondary Aluminum Production X TTT Primary Lead Smelting X X UUU Petroleum Refineries: Catalytic Cracking, Catalytic Reforming, and Sulfur Recovery Units X X VVV Publicly Owned Treatment Works X X X XXX Ferroalloys Production X AAAA Municipal Solid Waste Landfills X X CCCC Manufacturing of Nutritional Yeast X DDDD Plywood and Composite Wood Products X X EEEE Organic Liquids Distribution (non-gasoline) X X X FFFF Miscellaneous Organic Chemical Manufacturing X X GGGG Solvent Extraction for Vegetable Oil Production X X HHHH Wet-Formed Fiberglass Mat Production X X IIII Surface Coating of Automobiles and Light-Duty Trucks X X JJJJ Paper and Other Web Coating X X KKKK Surface Coating of Metal Cans X X MMMM Miscellaneous Metal Parts and Products X X NNNN Large Appliances X X OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X X PPPP Surface Coating of Plastic Parts and Products X X QQQQ Wood Building Products X X RRRR Surface Coating of Metal Furniture X X SSSS Surface Coating of Metal Coil X X TTTT Leather Finishing Operations X X UUUU Cellulose Products Manufacturing X X VVVV Boat Manufacturing X X WWWW Reinforced Plastics Composites Production X X X XXXX Tire Manufacturing X X YYYY Stationary Combustion Turbines X X ZZZZ Stationary Reciprocating Internal Combustion Engines X X X AAAAA Lime Manufacturing Plants X X BBBBB Semiconductor Manufacturing X X CCCCC Coke Oven: Pushing, Quenching and Battery Stacks X X DDDDD Industrial, Commercial, and Institutional Boiler and Process Heaters X X EEEEE Iron and Steel Foundries X X FFFFF Integrated Iron and Steel X X GGGGG Site Remediation X X HHHHH Miscellaneous Coating Manufacturing X X IIIII Mercury Emissions from Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X X KKKKK Clay Ceramics Manufacturing X X LLLLL Asphalt Roofing and Processing X X MMMMM Flexible Polyurethane Foam Fabrication Operation X X NNNNN Hydrochloric Acid Production X X PPPPP Engine Test Cells/Stands X X QQQQQ Friction Products Manufacturing X X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacturing X X TTTTT Primary Magnesium Refining X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X WWWWW Hospital Ethylene Oxide Sterilizers X X X YYYYY Electric Arc Furnace Steelmaking Facilities (area sources) X ZZZZZ Iron and Steel Foundries Area Sources X X BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants and Pipeline Facilities X X X CCCCCC Gasoline Dispensing Facilities X X X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X EEEEEE Primary Copper Smelting Area Sources X X FFFFFF Secondary Copper Smelting Area Sources X X GGGGGG Primary Nonferrous Metals Area Sources—Zinc, Cadmium, and Beryllium X X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X X JJJJJJ Industrial, Commercial, and Institutional Boilers and Process Heaters—Area Sources X LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X MMMMMM Carbon Black Production Area Sources X X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X X PPPPPP Lead Acid Battery Manufacturing Area Sources X X QQQQQQ Wood Preserving Area Sources X X RRRRRR Clay Ceramics Manufacturing Area Sources X X SSSSSS Glass Manufacturing Area Sources X X TTTTTT Secondary Nonferrous Metals Processing Area Sources X X VVVVVV Chemical Manufacturing Industry—Area Sources X X WWWWWW Area Source Standards for Plating and Polishing Operations X X X XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X X X YYYYYY Area Sources: Ferroalloys Production Facilities X ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X X AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing—Area Sources X X BBBBBBB Chemical Preparations Industry—Area Sources X X CCCCCCC Paint and Allied Products Manufacturing—Area Sources X X DDDDDDD Prepared Feeds Manufacturing—Area Sources X EEEEEEE Gold Mine Ore Processing and Production—Area Sources X X 1 2 3 (ii) [Reserved] (30) New Hampshire. (ii) New Hampshire Department of Environmental Services (NH DES) may implement and enforce alternative requirements in the form of title V permit terms and conditions for Groveton Paper Board Inc. of Groveton, NH and Pulp & Paper of America, LLC of Berlin, NH for subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and subpart MM—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-Alone Semi-chemical Pulp Mills. This action is contingent upon NH DES including, in title V permits, terms and conditions that are no less stringent than the Federal standard and have been approved by EPA. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (iii) Affected inactive waste disposal sites not operated after July 9, 1981 within New Hampshire must comply with New Hampshire Regulations Chapter Env-Sw 2100: Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective September 1, 2018 (incorporated by reference, see § 63.14) as described in paragraph (a)(30)(iii)(A) of this section: (A) The material incorporated by reference from Chapter Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, pertains to inactive waste disposal sites not operated after July 9, 1981 in the State of New Hampshire's jurisdiction, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal NESHAPs for Inactive Waste Disposal Sites (40 CFR 61.151). (B) [Reserved] (iv) Affected asbestos facilities ( i.e., (A) The material incorporated by reference from Chapter Env-A 1800, Asbestos Management and Control, pertains to those affected sources in the State of New Hampshire's jurisdiction, and has been approved under the procedures in § 63.93 to be implemented and enforced in place of the federal NESHAPs found at 40 CFR part 61, subpart M (except those listed under paragraph (a)(30)(iii) of this section). (B) [Reserved] (31) New Jersey. (A) Except for authorities identified as not being delegated, the regulations incorporated in New Jersey's “Toxic Catastrophe Prevention Act Program,” Title 7, Chapter 31, of the New Jersey Administrative Code: Subchapter 1, “General Provisions” (sections 1.1 to 1.10 except for the definition of “What if Checklist”), Subchapter 2, “Hazard Assessment,” Subchapter 3, “Minimum Requirements for a Program 2 TCPA Risk Management Program,” Subchapter 4, “Minimum Requirements for a Program 3 TCPA Risk Management Program,” Subchapter 5, “Emergency Response,” Subchapter 6, “Extraordinarily Hazardous Substances,” Subchapter 7, “Risk Management Plan and TCPA Submission,” and Subchapter 8, “Other Federal Requirements,” (effective July 20, 1998), pertain to the sources affected by 40 CFR part 68 and have been approved under the procedures in §§ 63.91, 63.93 and 63.95 to be implemented and enforced in place of 40 CFR part 68, Subparts A through H, as may be amended. ( 1 ( i ( ii (32) New Mexico. (i) The following table lists the specific part 63 standards that have been delegated unchanged to State and local air pollution agencies in New Mexico. The “X” symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law and regulations. Some authorities cannot be delegated and are retained by the EPA. These include certain General Provisions authorities and specific parts of some standards. Any amendments made to these rules after January 23, 2017 are not delegated. Delegation Status for Part 63 Standards [Excluding Indian country] Subpart Source category NMED 1 2 ABCAQCB 1 3 A General Provisions X X D Early Reductions X X F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X X G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X X H HON—Equipment Leaks X X I HON—Certain Processes Negotiated Equipment Leak Regulation X X J Polyvinyl Chloride and Copolymers Production ( 4 ( 4 K (Reserved) L Coke Oven Batteries X X M Perchloroethylene Dry Cleaning X X N Chromium Electroplating and Chromium Anodizing Tanks X X O Ethylene Oxide Sterilizers X X P (Reserved) Q Industrial Process Cooling Towers X X R Gasoline Distribution X X S Pulp and Paper Industry X X T Halogenated Solvent Cleaning X X U Group I Polymers and Resins X X V (Reserved) W Epoxy Resins Production and Non-Nylon Polyamides Production X X X Secondary Lead Smelting X X Y Marine Tank Vessel Loading X X Z (Reserved) AA Phosphoric Acid Manufacturing Plants X X BB Phosphate Fertilizers Production Plants X X CC Petroleum Refineries X X DD Off-Site Waste and Recovery Operations X X EE Magnetic Tape Manufacturing X X FF (Reserved) GG Aerospace Manufacturing and Rework Facilities X X HH Oil and Natural Gas Production Facilities X X II Shipbuilding and Ship Repair Facilities X X JJ Wood Furniture Manufacturing Operations X X KK Printing and Publishing Industry X X LL Primary Aluminum Reduction Plants X X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X X NN Wool Fiberglass Manufacturing Area Sources X X OO Tanks—Level 1 X X PP Containers X X QQ Surface Impoundments X X RR Individual Drain Systems X X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X X TT Equipment Leaks—Control Level 1 X X UU Equipment Leaks—Control Level 2 Standards X X VV Oil—Water Separators and Organic—Water Separators X X WW Storage Vessels (Tanks)—Control Level 2 X X XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X X YY Generic Maximum Achievable Control Technology Standards X X ZZ-BBB (Reserved) CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X X DDD Mineral Wool Production X X EEE Hazardous Waste Combustors X X FFF (Reserved) GGG Pharmaceuticals Production X X HHH Natural Gas Transmission and Storage Facilities X X III Flexible Polyurethane Foam Production X X JJJ Group IV Polymers and Resins X X KKK (Reserved) LLL Portland Cement Manufacturing X X MMM Pesticide Active Ingredient Production X X NNN Wool Fiberglass Manufacturing X X OOO Amino/Phenolic Resins X X PPP Polyether Polyols Production X X QQQ Primary Copper Smelting X X RRR Secondary Aluminum Production X X SSS (Reserved) TTT Primary Lead Smelting X X UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X X VVV Publicly Owned Treatment Works (POTW) X X WWW (Reserved) XXX Ferroalloys Production: Ferromanganese and Silicomanganese X X AAAA Municipal Solid Waste Landfills X X CCCC Nutritional Yeast Manufacturing X X DDDD Plywood and Composite Wood Products 5 5 EEEE Organic Liquids Distribution X X FFFF Misc. Organic Chemical Production and Processes (MON) X X GGGG Solvent Extraction for Vegetable Oil Production X X HHHH Wet Formed Fiberglass Mat Production X X IIII Auto and Light Duty Truck (Surface Coating) X X JJJJ Paper and other Web (Surface Coating) X X KKKK Metal Can (Surface Coating) X X MMMM Misc. Metal Parts and Products (Surface Coating) X X NNNN Surface Coating of Large Appliances X X OOOO Fabric Printing Coating and Dyeing X X PPPP Plastic Parts (Surface Coating) X X QQQQ Surface Coating of Wood Building Products X X RRRR Surface Coating of Metal Furniture X X SSSS Surface Coating for Metal Coil X X TTTT Leather Finishing Operations X X UUUU Cellulose Production Manufacture X X VVVV Boat Manufacturing X X WWWW Reinforced Plastic Composites Production X X XXXX Rubber Tire Manufacturing X X YYYY Combustion Turbines X X ZZZZ Reciprocating Internal Combustion Engines (RICE) X X AAAAA Lime Manufacturing Plants X X BBBBB Semiconductor Manufacturing X X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X X DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters 6 6 EEEEE Iron Foundries X X FFFFF Integrated Iron and Steel X X GGGGG Site Remediation X X HHHHH Miscellaneous Coating Manufacturing X X IIIII Mercury Cell Chlor-Alkali Plants X X JJJJJ Brick and Structural Clay Products Manufacturing 7 7 KKKKK Clay Ceramics Manufacturing 7 7 LLLLL Asphalt Roofing and Processing X X MMMMM Flexible Polyurethane Foam Fabrication Operation X X NNNNN Hydrochloric Acid Production, Fumed Silica Production X X OOOOO (Reserved) PPPPP Engine Test Facilities X X QQQQQ Friction Products Manufacturing X X RRRRR Taconite Iron Ore Processing X X SSSSS Refractory Products Manufacture X X TTTTT Primary Magnesium Refining X X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units 8 8 VVVVV (Reserved) WWWWW Hospital Ethylene Oxide Sterilizers X X XXXXX (Reserved) YYYYY Electric Arc Furnace Steelmaking Area Sources X X ZZZZZ Iron and Steel Foundries Area Sources X X AAAAAA (Reserved) BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X X CCCCCC Gasoline Dispensing Facilities X X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X X EEEEEE Primary Copper Smelting Area Sources X X FFFFFF Secondary Copper Smelting Area Sources X X GGGGGG Primary Nonferrous Metals Area Source: Zinc, Cadmium, and Beryllium X X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X X IIIIII (Reserved) JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X X KKKKKK (Reserved) LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X X MMMMMM Carbon Black Production Area Sources X X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X X PPPPPP Lead Acid Battery Manufacturing Area Sources X X QQQQQQ Wood Preserving Area Sources X X RRRRRR Clay Ceramics Manufacturing Area Sources X X SSSSSS Glass Manufacturing Area Sources X X TTTTTT Secondary Nonferrous Metals Processing Area Sources X X UUUUUU (Reserved) VVVVVV Chemical Manufacturing Area Sources X X WWWWWW Plating and Polishing Operations Area Sources X X XXXXXX Metal Fabrication and Finishing Area Sources X X YYYYYY Ferroalloys Production Facilities Area Sources X X ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X X AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X X BBBBBBB Chemical Preparation Industry Area Sources X X CCCCCCC Paints and Allied Products Manufacturing Area Sources X X DDDDDDD Prepared Feeds Areas Sources X X EEEEEEE Gold Mine Ore Processing and Production Area Sources X X FFFFFFF-GGGGGGG (Reserved) HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X X 1 e.g., 2 Federal Register 3 Federal Register 4 Mossville Environmental Action Network EPA, 5 See 6 See 7 See See 8 See See (ii)[Reserved] (33) [Reserved] (34) North Carolina. Part 63 Major & Area Source Rule Delegations—North Carolina 1 Source category Subpart NCDENR FCEAD 2 MCDEP 3 WNC 4 HON F, G, H, I X X X X Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J Coke Ovens L X X X X Dry Cleaners M X X X X Chromium Electroplating N X X X X EtO Commercial Sterilization O X X X X Chromium Cooling Towers Q X X X X Gasoline Distribution (stage 1) R X X X X Pulp & Paper I S X X X X Halogenated Solvent Cleaning T X X X X Polymer & Resins 1 U X X X X Polymer & Resins 2 W X X X X Secondary Lead Smelters X X X X X Marine Tank Vessel Loading Y X X X X Phosphoric Acid Mfg AA X X X X Phosphate Fertilizers Prod BB X X X X Petroleum Refineries CC X X X X Offsite Waste & Recovery DD X X X X Tanks; Level 1 OO X X X X Containers PP X X X X Surface Impoundments QQ X X X X Drain Systems RR X X X X Oil-Water Separators VV X X X X Magnetic Tape EE X X X X Aerospace Industry GG X X X X Oil & Natural Gas Prod HH X X X X Area Source Requirements >>. Shipbuilding and Repair II X X X X Wood Furniture Mfg JJ X X X X Printing & Publishing KK X X X X Primary Aluminum LL X X X X Pulp & Paper II (Combustion sources) MM X X X X Generic MACT Control Devices SS X X X X Eq. Leaks—Level 1 TT X X X X Eq. Leaks—Level 2 UU X X X X Tanks—Level 2 WW X X X X Generic MACT Ethylene Mfg XX & YY X X X X Carbon Black YY X X X X Spandex Prod YY X X X X Cyanide Chemical Mfg YY X X X X Acetal Resins YY X X X X Acrylic/Modacrylic Fibers YY X X X X Hydrogen Fluoride Prod YY X X X X Polycarbonates Prod YY X X X X Steel Pickeling CCC X X X X Mineral Wool Prod DDD X X X X Hazardous Waste Combustion (Phase I) EEE X X X X Boilers that burn Haz. Waste (Phase II) EEE X X X X HCL Prod. Furnaces burning Haz. Waste (P II) EEE X X X X Pharmaceutical Prod GGG X X X X Nat. Gas Transmission & Storage HHH X X X X Flexible Polyurethane Foam Prod III X X X X Polymer & Resins 4 JJJ X X X X Portland Cement LLL X X X X Pesticide Active Ingredients MMM X X X X Wool Fiberglass NNN X X X X Polymer & Resins 3 (Amino & Phenolic) OOO X X X X Polyether Polyols Prod PPP X X X X Primary Copper QQQ X X X X Secondary Aluminum Prod RRR X X X X Primary Lead Smelting TTT X X X X Petro Refineries (FCC units) UUU X X X X POTW VVV X X X X Ferroalloys XXX X X X X Municipal Landfills AAAA X X X X Nutritional Yeast CCCC X X X X Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X X X X Organic Liquids Distribution (non-gas) EEEE X X X X Misc. Organic NESHAP FFFF X X X X Vegetable Oil GGGG X X X X Wet Formed Fiberglass HHHH X X X X Auto & Light Duty Truck (coating) IIII X X X X Paper & Other Webs JJJJ X X X X Metal Can (coating) KKKK X X X X Misc. Metal Parts (coating) MMMM X X X X Large Appliances (coating) NNNN X X X X Printing, Coating, & Dyeing Fabrics OOOO X X X X Plastic Parts & Products (coating) PPPP X X X X Wood Building Products QQQQ X X X X Metal Furniture (coating) RRRR X X X X Metal Coil (coating) SSSS X X X X Leather Tanning & Finishing TTTT X X X X Cellulose Ethers Prod. Misc. Viscose Processes UUUU X X X X Boat Manufacturing VVVV X X X X Reinforced Plastic Composites WWWW X X X X Rubber Tire Mfg XXXX X X X X Stationary Combustion Turbines YYYY X X X X Reciprocating Int. Combustion Engines ZZZZ X X X X Area Source Requirements >>. Lime Manufacturing AAAAA X X X X Semiconductor Production BBBBB X X X X Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X X X X Industrial/Commercial/Institutional DDDDD Boilers & Process Heaters, VACATED on 7/30/07 Iron Foundries EEEEE X X X X Integrated Iron & Steel FFFFF X X X X Site Remediation GGGGG X X X X Misc. Coating Manufacturing HHHHH X X X X Mercury Cell Chlor-Alkali IIIII X X X X Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK Asphalt Roofing & Processing LLLLL X X X X Flex. Polyurethane Foam Fabrication MMMMM X X X X Hydrochloric Acid Prod/Fumed Silica NNNNN X X X X Engine & Rocket Test Facilities PPPPP X X X X Friction Materials Manufacturing QQQQQ X X X X Taconite Iron Ore RRRRR X X X X Refactories SSSSS X X X X Primary Magnesium TTTTT X X X X Area Source Rules Hospital Sterilizers WWWWW X X X X Stainless and Nonstainless Steel Mfg Electric Arc Furnaces YYYYY X X X X Iron & Steel foundries ZZZZZ X X X X Gasoline Distribution—Bulk BBBBBB X X X X Gasoline Dispensing Facilities CCCCCC X X X X PVC & Copolymers Prod DDDDDD X X X X Primary Copper EEEEEE X X X X Secondary Copper Smelting FFFFFF X X X X Primary Nonferrous Metals GGGGGG X X X X Paint Stripping Auto-Body Refinishing HHHHHH X X X X Plastic Parts & Prod. (coating) Acrylic/Modacrylic Fibers Prod LLLLLL X X X X Carbon Black Prod MMMMMM X X X X Chemical Mfg. Chrom NNNNNN X X X X Flex. Polyurethane Foam Fab OOOOOO X X X X Flex. Polyurethane Foam Prod Lead Acid Battery Mfg PPPPPP X X X X Wood Preserving QQQQQQ X X X X Clay Ceramics Mfg RRRRRR X X X X Glass Mfg SSSSSS X X X X Secondary Nonferrous Metals TTTTTT X X X X Plating and Polishing WWWWWW X X X X Industrial Mach. & Eq. Finishing XXXXXX X X X X Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg Heating Eq. Mfg Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg Ferroalloys Production YYYYYY X X X X Ferro/Silico Manganese 1 2 3 4 (ii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Riegelwood mill, Riegelwood, North Carolina; International Paper Roanoke Rapids mill, Roanoke Rapids, North Carolina; Blue Ridge Paper Products, Canton, North Carolina; Weyerhaeuser New Bern facility, New Bern, North Carolina; and Weyerhaeuser Plymouth facility, Plymouth, North Carolina, for Subpart S of this Part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry and Subpart MM of this Part—National Emissions Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite and Stand-alone Semi-chemical Pulp Mills. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (iii) North Carolina Department of Environment and Natural Resources (NC DENR) may implement and enforce alternative requirements in the form of title V permit terms and conditions for New South Lumber Company, Inc. Graham Plant, Alamance County, North Carolina; HDM Furniture Industries, Inc., Henredon Furniture Plant 1 & 2, Burke County, North Carolina; Kohler Co., DBA Baker Furniture, Burke County, North Carolina; Bernhardt Furniture Company Plants 3 & 7, Caldwell County, North Carolina; Thomasville Furniture Industries, Inc., Lenoir Plant, Caldwell County, North Carolina; Kincaid Furniture Company, Inc., Plant No. 1, Caldwell County, North Carolina; Hickory Chair Company, Catawba County, North Carolina; Uniboard USA LLC, Chatham County, North Carolina; Georgia Pacific Whiteville Plant, Columbus County, North Carolina; West Fraser, Inc., Armour Lumber Mill, Columbus County, North Carolina; Weyerhaeuser NR Company, New Bern Lumber Facility, Craven County, North Carolina; Linwood Furniture, Inc., Davidson County, North Carolina; Warvel Products, Inc., Davidson County, North Carolina; Thomasville Furniture Industries, Inc., Plant C/M/W/SB, Davidson County, North Carolina; Lexington Furniture Inc., Plant 5, Davidson County, North Carolina; Stanley Furniture Company, Inc., Graham County, North Carolina; Georgia Pacific, Creedmoor Chip-N-Saw Plant, Granville County, North Carolina; JELD-WEN, Inc., McDowell County, North Carolina; Weyerhaeuser NR Company, Martin County, North Carolina; Jordan Lumber & Supply Co., Montgomery County, North Carolina; Troy Lumber Co., Montgomery County, North Carolina; Unilin Flooring N.V., Montgomery County, North Carolina; West Fraser, Seaboard Lumber Mill, Northampton County, North Carolina; Georgia Pacific Roxboro, Person County, North Carolina; Louisiana Pacific Corp., Roxboro, Person County, North Carolina; Weyerhaeuser Company, Grifton, Pitt County, North Carolina; Vaughan Bassett Furniture Co., Elkin Furniture, Surry County, North Carolina; Weyerhaeuser NR Company, Elkin Facility, Surry County, North Carolina; Georgia Pacific Plywood/OSB/CNS, Dudley, Wayne County, North Carolina; Louisiana Pacific Corp., Roaring River, Wilkes County, North Carolina; and American Drew, Inc., Plant 13, Wilkes County, North Carolina, for subpart DDDD of this Part-National Emissions Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products. This action is contingent upon NC DENR including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirements applicable to the sources remain the Federal section 112 requirements until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (35) North Dakota. (ii) The most current delegation status table for National Emission Standards for Hazardous Air Pollutants for Source Categories in Region VIII can be found online at http://www.epa.gov/region8/air-program. (36) [Reserved] (37) Oklahoma. Table 14 to Paragraph (a)(37)(i) [Applies to sources located in certain areas of Indian country] Subpart Source category ODEQ 1 A General Provisions X B Requirements for Control Technology Determinations for Major Sources in Accordance with Clean Air Act sections 112(g) and 112(j) X 2 C List of Hazardous Air Pollutants, Petitions Process, Lesser Quantity Designations, Source Category List No D Regulations Governing Compliance Extensions for Early Reductions of Hazardous Air Pollutants No E Approval of State Programs and Delegation of Federal Authorities No F Synthetic Organic Chemical Manufacturing Industry (SOCMI) X G SOCMI for Process Vents, Storage Vessels, Transfer Operations and Wastewater X H Equipment Leaks and Fenceline Monitoring for All Emission Sources X I Certain Processes Subject to the Negotiated Regulation for Equipment Leaks X J Polyvinyl Chloride and Copolymers Production ( 3 K (Reserved) L Coke Oven Batteries X M Perchloroethylene Air Emission Standards for Dry Cleaning Facilities X N Chromium Emissions from Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Emissions Standards for Sterilization Facilities X P (Reserved) Q Industrial Process Cooling Towers X R Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Sessions) X S Pulp and Paper Industry X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V (Reserved) W Epoxy Resins Production and Non-Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading Operations X Z (Reserved) AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing Operations X FF (Reserved) GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair (Surface Coating) X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X NN Wool Fiberglass Manufacturing at Area Sources X OO Tanks—Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process X TT Equipment Leaks—Control Level 1 X UU Equipment Leaks—Control Level 2 Standards X VV Oil-Water Separators and Organic-Water Separators X WW Storage Vessels (Tanks)—Control Level 2 X XX Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations X YY Generic Maximum Achievable Control Technology Standards X ZZ-BBB (Reserved) CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF (Reserved) GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X KKK (Reserved) LLL Portland Cement Manufacturing Industry X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Manufacture of Amino/Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS (Reserved) TTT Primary Lead Smelting X UUU Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works X WWW (Reserved) XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X BBBB (Reserved) CCCC Nutritional Yeast Manufacturing X DDDD Plywood and Composite Wood Products X 4 EEEE Organic Liquids Distribution (Non-Gasoline) X FFFF Miscellaneous Organic Chemical Manufacturing X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet-Formed Fiberglass Mat Production X IIII Surface Coating of Automobiles and Light-Duty Trucks X JJJJ Paper and other Web Coating X KKKK Surface Coating of Metal Cans X MMMM Surface Coating of Miscellaneous Metal Parts and Products X NNNN Surface Coating of Large Appliances X OOOO Printing, Coating, and Dyeing of Fabrics and Other Textiles X PPPP Surface Coating of Plastic Parts and Products X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating for Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Products Manufacturing X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Rubber Tire Manufacturing X YYYY Stationary Combustion Turbines X ZZZZ Stationary Reciprocating Internal Combustion Engines X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial, Commercial, and Institutional Boilers and Process Heaters X 5 EEEEE Iron and Steel Foundries X FFFFF Integrated Iron and Steel Manufacturing Facilities X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X 6 KKKKK Clay Ceramics Manufacturing X 6 LLLLL Asphalt Processing and Asphalt Roofing Manufacturing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production X OOOOO (Reserved) PPPPP Engine Test Cells/Stands X QQQQQ Friction Materials Manufacturing Facilities X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacturing X TTTTT Primary Magnesium Refining X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X 7 VVVVV (Reserved) WWWWW Hospital Ethylene Oxide Sterilizers X XXXXX (Reserved) YYYYY Area Sources: Electric Arc Furnace Steelmaking Sources X ZZZZZ Iron and Steel Foundries Area Sources X AAAAAA (Reserved) BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X CCCCCC Gasoline Dispensing Facilities X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X EEEEEE Primary Copper Smelting Area Sources X FFFFFF Secondary Copper Smelting Area Sources X GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X IIIIII (Reserved) JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X KKKKKK (Reserved) LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X MMMMMM Carbon Black Production Area Sources X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X PPPPPP Lead Acid Battery Manufacturing Area Sources X QQQQQQ Wood Preserving Area Sources X RRRRRR Clay Ceramics Manufacturing Area Sources X SSSSSS Glass Manufacturing Area Sources X TTTTTT Secondary Nonferrous Metals Processing Area Sources X UUUUUU (Reserved) VVVVVV Chemical Manufacturing Area Sources X WWWWWW Area Source Standards for Plating and Polishing Operations X XXXXXX Area Source Standards for Nine Metal Fabrication and Finishing Source Categories X YYYYYY Area Sources: Ferroalloys Production Facilities X ZZZZZZ Area Source Standards for Aluminum, Copper, and Other Nonferrous Foundries X AAAAAAA Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing X BBBBBBB Area Sources: Chemical Preparation Industry X CCCCCCC Area Sources: Paints and Allied Products Manufacturing X DDDDDDD Prepared Feeds Areas Sources X EEEEEEE Gold Mine Ore Processing and Production Area Source Category X FFFFFFF-GGGGGGG (Reserved) HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X Appendix A Test Methods X Appendix B Sources Defined by Rarely Reduction Provisions X Appendix C Determination of the Fraction Biodegraded (F bio X Appendix D Alternative Validation Procedure for EPA Waste and Wastewater Methods X Appendix E Monitoring Procedure for Nonthoroughly Mixed Open Biological Treatment Systems at Kraft Pulp Mills Under Unsafe Sampling Conditions X 1 e.g., 2 3 Mossville Environmental Action Network EPA, 4 5 6 7 (ii) [Reserved] (38) Oregon. Delegation Status of Part 63 NESHAPS—State of Oregon 1 Subpart 2 ODEQ 3 LRAPA 4 A General Provisions 5 X X D Early Reductions F HON-SOCMI X X G HON-Process Vents X X H HON-Equipment Leaks X X I HON-Negotiated Leaks X X L Coke Oven Batteries X X M Perchloroethylene Dry Cleaning X X N Chromium Electroplating X X O Ethylene Oxide Sterilizers X X Q Industrial Process Cooling Towers X X R Gasoline Distribution X X S Pulp and Paper X X T Halogenated Solvent Cleaning X X U Polymers and Resins I X X W Polymers and Resins II-Epoxy X X X Secondary Lead Smelting X X Y Marine Tank Vessel Loading X X AA Phosphoric Acid Manufacturing Plants X X BB Phosphate Fertilizers Production Plants X X CC Petroleum Refineries X X DD Off-Site Waste and Recovery X X EE Magnetic Tape Manufacturing X X GG Aerospace Manufacturing & Rework X X HH Oil and Natural Gas Production Facilities X X II Shipbuilding and Ship Repair X X JJ Wood Furniture Manufacturing Operations X X KK Printing and Publishing Industry X X LL Primary Aluminum X X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills X X OO Tanks—Level 1 X X PP Containers X X QQ Surface Impoundments X X RR Individual Drain Systems X X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process X X TT Equipment Leaks—Control Level 1 X X UU Equipment Leaks—Control Level 2 X X VV Oil-Water Separators and Organic-Water Separators X X WW Storage Vessels (Tanks)—Control Level 2 X X YY Source Categories: Generic MACT X X CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X X DDD Mineral Wool Production X X EEE Hazardous Waste Combustors X X GGG Pharmaceuticals Production X X HHH Natural Gas Transmission and Storage Facilities X X III Flexible Polyurethane Foam Production X X JJJ Polymers and Resins IV X X LLL Portland Cement Manufacturing X X MMM Pesticide Active Ingredient Production X X NNN Wool Fiberglass Manufacturing X X OOO Manufacture of Amino Phenolic Resins X X PPP Polyether Polyols Production X X RRR Secondary Aluminum Production X X TTT Primary Lead Smelting X X VVV Publicly Owned Treatment Works X X XXX Ferroalloys Production: Ferromanganese & Silico manganese X X CCCC Manufacture of Nutritional Yeast X X GGGG Extraction of Vegetable Oil X X 1 see 2 i.e. 3 4 5 see (39) Pennsylvania. (ii) Pennsylvania is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the Pennsylvania Department of Environmental Protection and approved by EPA Region III, at sources not subject to the permitting requirements of 40 CFR part 70, in accordance with the final rule, dated September 13, 2001, effective November 13, 2001, and any mutually acceptable amendments to the terms described in the direct final rule. (iii) Philadelphia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is requested by the City of Philadelphia Department of Public Health Air Management Services and approved by EPA Region III, at sources within the City of Philadelphia, in accordance with the final rule, dated January 29, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule. (iv) Allegheny County is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards at sources within Allegheny County, in accordance with the final rule, dated January 30, 2002, effective April 1, 2002, and any mutually acceptable amendments to the terms described in the direct final rule. (v) Allegheny County is not delegated the authority to implement and enforce the provisions of 40 CFR part 68 and all future unchanged amendments to 40 CFR part 68 at sources within Allegheny County, in accordance with the final rule, dated March 5, 2019, effective April 4, 2019. (40) Rhode Island. (i) [Reserved] (ii) Affected organic solvent cleaning sources within Rhode Island must comply with the Rhode Island regulations applicable to hazardous air pollutants, 250-RICR-120-05-0 and 250-RICR-120-05-36 (incorporated by reference as specified in § 63.14), as described in paragraph (a)(40)(ii)(A) of this section: (A) 250-RICR-120-05-0 and 250-RICR-120-05-36 pertain to organic solvent cleaning facilities in the State of Rhode Island's jurisdiction, and have been approved under the procedures in § 63.93 to be implemented and enforced in place of the Federal Halogenated Solvent NESHAP found at 40 CFR part 63, subpart T (except for those provisions listed under paragraphs (a)(40)(ii)(A)( 1 i ( 1 ( i ( ii ( 2 (B) [Reserved] (41) South Carolina. Part 63 Major & Area Source Rule Delegations—South Carolina 1 Source category Subpart SCDHEC 1 HON F, G, H, I X 2 Polyvinyl Chloride & Co-polymers VACATED on 5/11/05 J 3 Coke Ovens L X 4 Dry Cleaners M X 5 Chromium Electroplating N X 6 EtO Commercial Sterilization O X 7 Chromium Cooling Towers Q X 8 Gasoline Distribution (stage 1) R X 9 Pulp & Paper I S X 10 Halogenated Solvent Cleaning T X 11 Polymer & Resins 1 U X 12 Polymer & Resins 2 W X 13 Secondary Lead Smelters X X 14 Marine Tank Vessel Loading Y X 15 Phosphoric Acid Mfg AA X 16 Phosphate Fertilizers Prod BB X 17 Petroleum Refineries CC X 18 Offsite Waste & Recovery DD X Tanks; Level 1 OO X Containers PP X Surface Impoundments QQ X Drain Systems RR X Oil-Water Separators VV X 19 Magnetic Tape EE X 20 Aerospace Industry GG X 21 Oil & Natural Gas Prod HH X Area Source Requirements >>. X 22 Shipbuilding and Repair I I X 23 Wood Furniture Mfg J J X 24 Printing & Publishing KK X 25 Primary Aluminum LL X 26 Pulp & Paper II (Combustion sources) MM X 27 Generic MACT: Control Devices SS X Eq. Leaks—Level 1 TT X Eq. Leaks—Level 2 UU X Tanks—Level 2 WW X 28 Generic MACT: Ethylene Mfg XX & YY X Carbon Black YY X Spandex Prod YY X Cyanide Chemical Mfg YY X Acetal Resins YY X Acrylic/Modacrylic Fibers YY X Hydrogen Fluoride Prod YY X Polycarbonates Prod YY X 29 Steel Pickeling CCC X 30 Mineral Wool Prod DDD X 31 Hazardous Waste Combustion (Phase I) EEE X 32 Boilers that burn Haz. Waste (Phase II) EEE X 33 HCL Prod. Furnaces burning Haz. Waste (P II) EEE X 34 Pharmaceutical Prod GGG X 35 Nat. Gas Transmission & Storage HHH X 36 Flexible Polyurethane Foam Prod I I I X 37 Polymer & Resins 4 JJJ X 38 Portland Cement LLL X 39 Pesticide Active Ingredients MMM X 40 Wool Fiberglass NNN X 41 Polymer & Resins 3 (Amino & Phenolic) OOO X 42 Polyether Polyols Prod PPP X 43 Primary Copper QQQ X 44 Secondary Aluminum Prod RRR X 45 Primary Lead Smelting TTT X 46 Petro Refineries (FCC units) UUU X 47 POTW V V V X 48 Ferroalloys X X X X 49 Municipal Landfills AAAA X 50 Nutritional Yeast CCCC X 51 Plywood and Composite Wood Prod. (Partial Vacatur Oct. 07) DDDD X 52 Organic Liquids Distribution (non-gas) EEEE X 53 Misc. Organic NESHAP FFFF X 54 Vegetable Oil GGGG X 55 Wet Formed Fiberglass HHHH X 56 Auto & Light Duty Truck (coating) I I I I X 57 Paper & Other Webs JJJJ X 58 Metal Can (coating) KKKK X 59 Misc. Metal Parts (coating) MMMM X 60 Large Appliances (coating) NNNN X 61 Printing, Coating, & Dyeing Fabrics OOOO X 62 Plastic Parts & Products (coating) PPPP X 63 Wood Building Products QQQQ X 64 Metal Furniture (coating) RRRR X 65 Metal Coil (coating) SSSS X 66 Leather Tanning & Finishing TTTT X 67 Cellulose Ethers Prod Misc. Viscose Processes UUUU X 68 Boat Manufacturing VVVV X 69 Reinforced Plastic Composites WWWW X 70 Rubber Tire Mfg XXXX X 71 Stationary Combustion Turbines YYYY X 72 Reciprocating Int. Combustion Engines ZZZZ X Area Source Requirements >>. X 73 Lime Manufacturing AAAAA X 74 Semiconductor Production BBBBB X 75 Coke Ovens: (Push/Quench/Battery/Stacks) CCCCC X 76 Industrial/Commercial/Institutional Boilers & Process Heaters, VACATED on 7/30/07 DDDDD 77 Iron Foundries EEEEE X 78 Integrated Iron & Steel FFFFF X 79 Site Remediation GGGGG X 80 Misc. Coating Manufacturing HHHHH X 81 Mercury Cell Chlor-Alkali IIIII X 82 Brick & Structural Clay Products, VACATED on 6/18/07 JJJJJ 83 Clay Ceramics Manufacturing, VACATED on 6/18/07 KKKKK 84 Asphalt Roofing & Processing LLLLL X 85 Flex. Polyurethane Foam Fabrication MMMMM X 86 Hydrochloric Acid Prod/Fumed Silica NNNNN X 87 Engine & Rocket Test Facilities PPPPP X 88 Friction Materials Manufacturing QQQQQ X 89 Taconite Iron Ore RRRRR X 90 Refactories SSSSS X 91 Primary Magnesium TTTTT X Area Source Rules 92 Hospital Sterilizers WWWWW X 93 Stainless and Nonstainless Steel Mfg Electric Arc Furnaces YYYYY X 94 Iron & Steel foundries ZZZZZ X 95 Gasoline Distribution—Bulk BBBBBB X 96 Gasoline Dispensing Facilities CCCCCC X 97 PVC & Copolymers Prod DDDDDD X 98 Primary Copper EEEEEE X 99 Secondary Copper Smelting FFFFFF X 100 Primary Nonferrous Metals GGGGGG X 101 Paint Stripping HHHHHH X Auto-Body Refinishing Plastic Parts & Prod. (coating) 102 Acrylic/Modacrylic Fibers Prod LLLLLL X 103 Carbon Black Prod MMMMMM X 104 Chemical Mfg. Chrom NNNNNN X 105 Flex. Polyurethane Foam Fab OOOOOO X Flex. Polyurethane Foam Prod 106 Lead Acid Battery Mfg PPPPPP X 107 Wood Preserving QQQQQQ X 108 Clay Ceramics Mfg RRRRRR X 109 Glass Mfg SSSSSS X 110 Secondary Nonferrous Metals TTTTTT X 110 Plating and Polishing WWWWWW X 112 Heating Eq. Mfg XXXXXX X Industrial Mach. & Eq. Finishing Elect. & Electronics Eq. Finishing Fabricated Metal Prod Fabricated Plate Work (Boiler Shop) Fabricated Structural Metal Mfg 113 Ferro/Silico Manganese YYYYYY X Iron and Steel Forging Primary Metals Prod. Mfg Valves and Pipe Fittings Mfg Ferroalloys Production 1 (ii) South Carolina Department of Health and Environmental Control (SC DHEC) may implement and enforce alternative requirements in the form of title V permit terms and conditions for International Paper Georgetown Mill, Georgetown, South Carolina, for subpart S of this part—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry. This action is contingent upon SC DHEC including, in title V permits, terms and conditions that are no less stringent than the Federal standard. In addition, the requirement applicable to the source remains the Federal section 112 requirement until EPA has approved the alternative permit terms and conditions and the final title V permit is issued. (42) [Reserved] (43) Tennessee. (ii) Reserved. (44) Texas. Delegation Status for Part 63 Standards—State of Texas 1 [Excluding Indian Country] Subpart Source category TCEQ 2 A General Provisions X F Hazardous Organic NESHAP (HON)—Synthetic Organic Chemical Manufacturing Industry (SOCMI) X G HON—SOCMI Process Vents, Storage Vessels, Transfer Operations and Wastewater X H HON—Equipment Leaks X I HON—Certain Processes Negotiated Equipment Leak Regulation X J Polyvinyl Chloride and Copolymers Production ( 3 K (Reserved) L Coke Oven Batteries X M Perchloroethylene Dry Cleaning X N Chromium Electroplating and Chromium Anodizing Tanks X O Ethylene Oxide Sterilizers X P (Reserved) Q Industrial Process Cooling Towers X R Gasoline Distribution X S Pulp and Paper Industry X T Halogenated Solvent Cleaning X U Group I Polymers and Resins X V (Reserved) W Epoxy Resins Production and Non-Nylon Polyamides Production X X Secondary Lead Smelting X Y Marine Tank Vessel Loading X Z (Reserved) AA Phosphoric Acid Manufacturing Plants X BB Phosphate Fertilizers Production Plants X CC Petroleum Refineries X DD Off-Site Waste and Recovery Operations X EE Magnetic Tape Manufacturing X FF (Reserved) GG Aerospace Manufacturing and Rework Facilities X HH Oil and Natural Gas Production Facilities X II Shipbuilding and Ship Repair Facilities X JJ Wood Furniture Manufacturing Operations X KK Printing and Publishing Industry X LL Primary Aluminum Reduction Plants X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfide, and Stand-Alone Semichemical Pulp Mills X NN Wool Fiberglass Manufacturing Area Sources X OO Tanks-Level 1 X PP Containers X QQ Surface Impoundments X RR Individual Drain Systems X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process TT Equipment Leaks—Control Level 1 X UU Equipment Leaks—Control Level 2 Standards X VV Oil—Water Separators and Organic—Water Separators X WW Storage Vessels (Tanks)—Control Level 2 X XX Ethylene Manufacturing Process Units Heat Exchange Systems and Waste Operations X YY Generic Maximum Achievable Control Technology Standards X ZZ-BBB (Reserved) CCC Steel Pickling—HCI Process Facilities and Hydrochloric Acid Regeneration X DDD Mineral Wool Production X EEE Hazardous Waste Combustors X FFF (Reserved) GGG Pharmaceuticals Production X HHH Natural Gas Transmission and Storage Facilities X III Flexible Polyurethane Foam Production X JJJ Group IV Polymers and Resins X KKK (Reserved) LLL Portland Cement Manufacturing X MMM Pesticide Active Ingredient Production X NNN Wool Fiberglass Manufacturing X OOO Amino/Phenolic Resins X PPP Polyether Polyols Production X QQQ Primary Copper Smelting X RRR Secondary Aluminum Production X SSS (Reserved) TTT Primary Lead Smelting X UUU Petroleum Refineries—Catalytic Cracking Units, Catalytic Reforming Units and Sulfur Recovery Plants X VVV Publicly Owned Treatment Works (POTW) X WWW (Reserved) XXX Ferroalloys Production: Ferromanganese and Silicomanganese X AAAA Municipal Solid Waste Landfills X CCCC Nutritional Yeast Manufacturing X DDDD Plywood and Composite Wood Products X 4 EEEE Organic Liquids Distribution X FFFF Misc. Organic Chemical Production and Processes (MON) X GGGG Solvent Extraction for Vegetable Oil Production X HHHH Wet Formed Fiberglass Mat Production X IIII Auto & Light Duty Truck (Surface Coating) X JJJJ Paper and other Web (Surface Coating) X KKKK Metal Can (Surface Coating) X MMMM Misc. Metal Parts and Products (Surface Coating) X NNNN Surface Coating of Large Appliances X OOOO Fabric Printing Coating and Dyeing X PPPP Plastic Parts (Surface Coating) X QQQQ Surface Coating of Wood Building Products X RRRR Surface Coating of Metal Furniture X SSSS Surface Coating for Metal Coil X TTTT Leather Finishing Operations X UUUU Cellulose Production Manufacture X VVVV Boat Manufacturing X WWWW Reinforced Plastic Composites Production X XXXX Rubber Tire Manufacturing X YYYY Combustion Turbines X ZZZZ Reciprocating Internal Combustion Engines (RICE) X AAAAA Lime Manufacturing Plants X BBBBB Semiconductor Manufacturing X CCCCC Coke Ovens: Pushing, Quenching and Battery Stacks X DDDDD Industrial/Commercial/Institutional Boilers and Process Heaters Major Sources X 5 EEEEE Iron Foundries X FFFFF Integrated Iron and Steel X GGGGG Site Remediation X HHHHH Miscellaneous Coating Manufacturing X IIIII Mercury Cell Chlor-Alkali Plants X JJJJJ Brick and Structural Clay Products Manufacturing X 6 KKKKK Clay Ceramics Manufacturing X 6 LLLLL Asphalt Roofing and Processing X MMMMM Flexible Polyurethane Foam Fabrication Operation X NNNNN Hydrochloric Acid Production, Fumed Silica Production X OOOOO (Reserved) PPPPP Engine Test Facilities X QQQQQ Friction Products Manufacturing X RRRRR Taconite Iron Ore Processing X SSSSS Refractory Products Manufacture X TTTTT Primary Magnesium Refining X UUUUU Coal and Oil-Fired Electric Utility Steam Generating Units X 7 VVVVV (Reserved) WWWWW Hospital Ethylene Oxide Sterilizers Area Sources X XXXXX (Reserved) YYYYY Electric Arc Furnace Steelmaking Facilities Area Sources X ZZZZZ Iron and Steel Foundries Area Sources X AAAAAA (Reserved) BBBBBB Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities X CCCCCC Gasoline Dispensing Facilities Area Sources X DDDDDD Polyvinyl Chloride and Copolymers Production Area Sources X EEEEEE Primary Copper Smelting Area Sources X FFFFFF Secondary Copper Smelting Area Sources X GGGGGG Primary Nonferrous Metals Area Sources: Zinc, Cadmium, and Beryllium X HHHHHH Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources X IIIIII (Reserved) JJJJJJ Industrial, Commercial, and Institutional Boilers Area Sources X KKKKKK (Reserved) LLLLLL Acrylic and Modacrylic Fibers Production Area Sources X MMMMMM Carbon Black Production Area Sources X NNNNNN Chemical Manufacturing Area Sources: Chromium Compounds X OOOOOO Flexible Polyurethane Foam Production and Fabrication Area Sources X PPPPPP Lead Acid Battery Manufacturing Area Sources X QQQQQQ Wood Preserving Area Sources X RRRRRR Clay Ceramics Manufacturing Area Sources X SSSSSS Glass Manufacturing Area Sources X TTTTTT Secondary Nonferrous Metals Processing Area Sources X UUUUUU (Reserved) VVVVVV Chemical Manufacturing Area Sources X WWWWWW Plating and Polishing Operations Area Sources X XXXXXX Metal Fabrication and Finishing Area Sources X YYYYYY Ferroalloys Production Facilities Area Sources X ZZZZZZ Aluminum, Copper, and Other Nonferrous Foundries Area Sources X AAAAAAA Asphalt Processing and Asphalt Roofing Manufacturing Area Sources X BBBBBBB Chemical Preparations Industry Area Sources X CCCCCCC Paints and Allied Products Manufacturing Area Sources X DDDDDDD Prepared Feeds Manufacturing Area Sources X EEEEEEE Gold Mine Ore Processing and Production Area Sources FFFFFFF—GGGGGGG (Reserved) HHHHHHH Polyvinyl Chloride and Copolymers Production Major Sources X 1 2 e.g., 3 70 FR 13018 Mossville Environmental Action Network EPA, 4 5 6 7 (ii) Affected sources within Texas shall comply with the Federal requirements of 40 CFR part 63—subpart A—General Provisions, adopted by reference by the Texas Commission on Environmental Quality (TCEQ), with the exception of § 63.5(e)(2)(i), § 63.6(i)(12)(i), § 63.6(i)(13)(i) and (ii), § 63.8(e)(5)(ii), § 63.9(i)(3), and § 63.10(e)(2)(ii). The TCEQ has adopted alternative provisions for the cited exceptions above and affected sources in Texas that are subject to the requirements of Subpart A shall comply with the requirements established at Texas Administrative Code, Title 30, Part 1, Chapter 113, Subchapter C, section 113.100. (45) [Reserved] (46) Vermont. (A) The material incorporated into the Vermont Air Pollution Regulations at Chapter 5, Air Pollution Control, section 5-253.11, Perchloroethylene Dry Cleaning (effective as of December 15, 2016) pertaining to area source dry cleaning facilities in the State of Vermont jurisdiction, and approved under the procedures in § 63.93 to be implemented and enforced in place of the requirements for area source dry cleaning facilities in the Federal NESHAP for Perchloroethylene Dry Cleaning Facilities (subpart M of this part), effective as of July 11, 2008. For purposes of this paragraph (a)(46) the term “area source dry cleaning facilities” means any source that qualifies as an area source under § 63.320(h). ( 1 Authorities not delegated. i ( ii ( 2 (B) [Reserved] (ii) [Reserved] (47) Virginia. (ii) Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the Virginia Department of Environmental Quality and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated January 8, 2002, effective March 11, 2002, and any mutually acceptable amendments to the terms described in the direct final rule. (iii) EPA has granted the Virginia Department of Environmental Quality (DEQ) “up-front” approval to implement an Equivalency by Permit (EBP) program under which the Virginia DEQ may establish and enforce alternative State requirements for International Paper Company's Franklin Mill in lieu of those of the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for the Pulp and Paper Industry found at 40 CFR part 63, subpart S. The Virginia DEQ may only establish alternative requirements for the Franklin Mill which are equivalent to and at least as stringent as the otherwise applicable Federal requirements. The VA DEQ must, in order to establish alternative requirements for the Franklin Mill under its EPA approved EBP program: (1) Submit to EPA for review pre-draft Clean Air Act (CAA) Title V permit terms specifying alternative requirements which are at least as stringent as the otherwise applicable Federal requirements, (2) obtain EPA's written approval of the alternative pre-draft CAA Title V permit requirements, and (3) issue a CAA Title V permit for the Franklin Mill which contains the approved alternative requirements. Until EPA has approved the alternative permit terms and conditions and the Virginia DEQ has issued a final CAA Title V permit incorporating them, International Paper Company's Franklin Mill will remain subject to the Federal NESHAP requirements found at 40 CFR part 63, subpart S. (48) Washington. Delegation Status for Part 63 Standards—State of Washington 1 40 CFR Part 63, Subparts 2 Ecology 3 BCAA 4 NWAPA 5 OAPCA 6 PSCAA 7 SCAPCA 8 SWCAA 9 YRCAA 10 A General Provisions 11 X X X X X X X X D Early Reductions X X X X X X X X F HON-SOCMI X X X X X X X X G HON-Process Vents X X X X X X X X H HON-Equipment Leaks X X X X X X X X I HON-Negotiated Leaks X X X X X X X X L Coke Oven Batteries X X X X X X X X M Perchloroethylene Dry Cleaning X 3 X 4 X X 7 X 8 X X 10 N Chromium Electroplating X X X X X X X X O Ethylene Oxide Sterilizers X X X X X X X X Q Industrial Process Cooling Towers X X X X X X X X R Gasoline Distribution X X X X X X X X S Pulp and Paper 12 X 5 X 6 X 7 X 8 X 9 X 10 T Halogenated Solvent Cleaning X X X X X X X X U Polymers and Resins I X X X X X X X X W Polymers and Resins II-Epoxy X X X X X X X X X Secondary Lead Smelting X X X X X X X X Y Marine Tank Vessel Loading X X X X X X AA Phosphoric Acid Manufacturing Plants X X X X X X X BB Phosphate Fertilizers Production Plants X X X X X X X CC Petroleum Refineries X X X X X X X X DD Off-Site Waste and Recovery X X X X X X X X EE Magnetic Tape Manufacturing X X X X X X X X GG Aerospace Manufacturing & Rework X X X X X X X X HH Oil and Natural Gas Production Facilities X X X X X X X II Shipbuilding and Ship Repair X X X X X X X X JJ Wood Furniture Manufacturing Operations X X X X X X X X KK Printing and Publishing Industry X X X X X X X X LL Primary Aluminum 13 X MM Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills 14 X OO Tanks—Level 1 X X X X X X X PP Containers X X X X X X X QQ Surface Impoundments X X X X X X X RR Individual Drain Systems X X X X X X X SS Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or Process X X X X X X X TT Equipment Leaks—Control Level 1 X X X X X X X UU Equipment Leaks—Control Level 2 X X X X X X X VV Oil-Water Separators and Organic-Water Separators X X X X X X X WW Storage Vessels (Tanks)—Control Level 2 X X X X X YY Source Categories: Generic MACT X X X X X CCC Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants X X X X X DDD Mineral Wool Production X X X X X EEE Hazardous Waste Combustors X X X X X GGG Pharmaceuticals Production X X X X X HHH Natural Gas Transmission and Storage Facilities X X X X X III Flexible Polyurethane Foam Production X X X X X X JJJ Polymers and Resins IV X X X X X X LLL Portland Cement Manufacturing X X X X X MMM Pesticide Active Ingredient Production X X X X X NNN Wool Fiberglass Manufacturing X X X X X OOO Manufacture of Amino Phenolic Resins X X X X X PPP Polyether Polyols Production X X X X X RRR Secondary Aluminum Production X X X X TTT Primary Lead Smelting X X X X X VVV Publicly Owned Treatment Works X X X X X XXX Ferroalloys Production: Ferromanganese & Silicomanganese X X X X X CCCC Manufacture of Nutritional Yeast X GGGG Extraction of Vegetable Oil X VVVV Boat Manufacturing 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (ii) Affected area sources within Puget Sound Clean Air's jurisdiction must comply with Puget Sound Clean Air's Regulation III, sections 3.03, Perchloroethylene Dry Cleaners, (incorporated by reference as specified in 40 CFR 63.14) as follows: (A) The material incorporated in Puget Sound Clean Air's Regulation III, section 3.03, Perchloroethylene Dry Cleaners, pertains to the perchloroethylene dry cleaning source category in the Puget Sound Clean Air jurisdiction, and has been approved under the procedures in 40 CFR 63.93 to be implemented and enforced in place of the federal NESHAPs for Perchloroethylene Dry Cleaning Facilities (40 CFR part 63, subpart M), for area sources, as defined in 40 CFR 63.320(h). ( 1 ( i ( ii (B) [Reserved] Note to paragraph ( a Dates in parenthesis indicate the effective date of the federal rules that have been adopted by and delegated to the state or local air pollution control agency. Therefore, any amendments made to these delegated rules after this effective date are not delegated to the agency. (49) West Virginia. (ii) West Virginia is delegated the authority to implement and enforce all existing 40 CFR part 63 standards and all future unchanged 40 CFR part 63 standards, if delegation is sought by the West Virginia Department of Environmental Protection and approved by EPA Region III, at affected sources which are not located at major sources, as defined in 40 CFR part 70, in accordance with the final rule, dated April 2, 2002, effective June 3, 2002, and any mutually acceptable amendments to the terms described in the direct final rule. [61 FR 25399, May 21, 1996] Editorial Note: For Federal Register www.govinfo.gov. Subpart F—National Emission Standards for Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry Source: 59 FR 19454, Apr. 22, 1994, unless otherwise noted. § 63.100 Applicability and designation of source. (a) This subpart provides applicability provisions, definitions, and other general provisions that are applicable to subparts G and H of this part. This subpart also provides requirements for certain heat exchange systems, maintenance wastewater, and flares. (b) Except as provided in paragraphs (b)(4) and (c) of this section, the provisions of subparts F, G, and H of this part apply to chemical manufacturing process units that meet all the criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) of this section: (1) Manufacture as a primary product one or more of the chemicals listed in paragraphs (b)(1)(i) or (b)(1)(ii) of this section. (i) One or more of the chemicals listed in table 1 of this subpart; or (ii) One or more of the chemicals listed in paragraphs (b)(1)(ii)(A) or (b)(1)(ii)(B) of this section: (A) Tetrahydrobenzaldehyde (CAS Number 100-50-5); or (B) Crotonaldehyde (CAS Number 123-73-9). (2) Use as a reactant or manufacture as a product, or co-product, one or more of the organic hazardous air pollutants listed in table 2 of this subpart; (3) Are located at a plant site that is a major source as defined in section 112(a) of the Act. (4) The owner or operator of a chemical manufacturing processing unit is exempt from all requirements of subparts F, G, and H of this part until not later than April 22, 1997 if the owner or operator certifies, in a notification to the appropriate EPA Regional Office, not later than May 14, 1996, that the plant site at which the chemical manufacturing processing unit is located emits, and will continue to emit, during any 12-month period, less than 10 tons per year of any individual hazardous air pollutants (HAP), and less than 25 tons per year of any combination of HAP. (i) If such a determination is based on limitations and conditions that are not federally enforceable (as defined in subpart A of this part), the owner or operator shall document the basis for the determination as specified in paragraphs (b)(4)(i)(A) through (b)(4)(i)(C) and comply with the recordkeeping requirement in 63.103(f). (A) The owner or operator shall identify all HAP emission points at the plant site, including those emission points subject to and emission points not subject to subparts F, G, and H; (B) The owner or operator shall calculate the amount of annual HAP emissions released from each emission point at the plant site, using acceptable measurement or estimating techniques for maximum expected operating conditions at the plant site. Examples of estimating procedures that are considered acceptable include the calculation procedures in § 63.150 of subpart G, the early reduction demonstration procedures specified in §§ 63.74 (c)(2), (c)(3), (d)(2), (d)(3), and (g), or accepted engineering practices. If the total annual HAP emissions for the plant site are annually reported under Emergency Planning and Community Right-to-Know Act (EPCRA) section 313, then such reported annual emissions may be used to satisfy the requirements of § 63.100(b)(4)(i)(B). (C) The owner or operator shall sum the amount of annual HAP emissions from all emission points on the plant site. If the total emissions of any one HAP are less than 10 tons per year and the total emissions of any combination of HAP are less than 25 tons per year, the plant site qualifies for the exemption described in paragraph (b)(4) of this section, provided that emissions are kept below these thresholds. (ii) If such a determination is based on limitations and conditions that are federally enforceable (as defined in subpart A of this part), the owner or operator is not subject to the provisions of paragraph (b)(4) of this section. (c) The owner or operator of a chemical manufacturing process unit that meets the criteria specified in paragraphs (b)(1) and (b)(3) of this section but does not use as a reactant or manufacture as a product or co-product, any organic hazardous air pollutant listed in table 2 of this subpart shall comply only with the requirements of § 63.103(e) of this subpart. To comply with this subpart, such chemical manufacturing process units shall not be required to comply with the provisions of subpart A of this part. (d) The primary product of a chemical manufacturing process unit shall be determined according to the procedures specified in paragraphs (d)(1), (d)(2), (d)(3), and (d)(4) of this section. (1) If a chemical manufacturing process unit produces more than one intended chemical product, the product with the greatest annual design capacity on a mass basis determines the primary product of the process. (2) If a chemical manufacturing process unit has two or more products that have the same maximum annual design capacity on a mass basis and if one of those chemicals is listed in table 1 of this subpart, then the listed chemical is considered the primary product and the chemical manufacturing process unit is subject to this subpart. If more than one of the products is listed in table 1 of this subpart, then the owner or operator may designate as the primary product any of the listed chemicals and the chemical manufacturing process unit is subject to this subpart. (3) For chemical manufacturing process units that are designed and operated as flexible operation units producing one or more chemicals listed in table 1 of this subpart, the primary product shall be determined for existing sources based on the expected utilization for the five years following April 22, 1994 and for new sources based on the expected utilization for the first five years after initial start-up. (i) If the predominant use of the flexible operation unit, as described in paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section, is to produce one or more chemicals listed in table 1 of this subpart, then the flexible operation unit shall be subject to the provisions of subparts F, G, and H of this part. (A) If the flexible operation unit produces one product for the greatest annual operating time, then that product shall represent the primary product of the flexible operation unit. (B) If the flexible operation unit produces multiple chemicals equally based on operating time, then the product with the greatest annual production on a mass basis shall represent the primary product of the flexible operation unit. (ii) The determination of applicability of this subpart to chemical manufacturing process units that are designed and operated as flexible operation units shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (4) Notwithstanding the provisions of paragraph (d)(3) of this section, for chemical manufacturing process units that are designed and operated as flexible operation units producing a chemical listed in paragraph (b)(1)(ii) of this section, the primary product shall be determined for existing sources based on the expected utilization for the five years following May 12, 1998 and for new sources based on the expected utilization for the first five years after initial start-up. (i) The predominant use of the flexible operation unit shall be determined according to paragraphs (d)(3)(i)(A) and (d)(3)(i)(B) of this section. If the predominant use is to produce one of the chemicals listed in paragraph (b)(1)(ii) of this section, then the flexible operation unit shall be subject to the provisions of this subpart and subparts G and H of this part. (ii) The determination of applicability of this subpart to chemical manufacturing process units that are designed and operated as flexible operation units shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (e) The source to which this subpart applies is the collection of all chemical manufacturing process units and the associated equipment at a major source that meet the criteria specified in paragraphs (b)(1) through (3) of this section. The source includes the process vents; storage vessels; transfer racks; waste management units; maintenance wastewater; heat exchange systems; equipment identified in § 63.149; and pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, surge control vessels, and bottoms receivers that are associated with that collection of chemical manufacturing process units. The source also includes equipment required by, or utilized as a method of compliance with, subparts F, G, or H of this part which may include control devices and recovery devices. (1) This subpart applies to maintenance wastewater and heat exchange systems within a source that is subject to this subpart; and also applies to flares used to reduce organic HAP emissions from a source. (2) This subpart F and subpart G of this part apply to process vents, storage vessels, transfer racks, equipment identified in § 63.149 of subpart G of this part, and wastewater streams and associated treatment residuals within a source that is subject to this subpart. (3) This subpart and subpart H of this part apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, instrumentation systems, surge control vessels, and bottoms receivers within a source that is subject to this subpart. Subpart H also contains fenceline monitoring requirements that apply to all emission sources ( i.e., e.g., (f) The source includes the emission points listed in paragraphs (f)(1) through (f)(11) of this section, but those emission points are not subject to the requirements of this subpart F and subparts G and H of this part. This subpart does not require emission points that are listed in paragraphs (f)(1) through (f)(11) of this section to comply with the provisions of subpart A of this part. (1) Equipment that is located within a chemical manufacturing process unit that is subject to this subpart but the equipment does not contain organic hazardous air pollutants. (2) Stormwater from segregated sewers; (3) Water from fire-fighting and deluge systems in segregated sewers; (4) Spills; (5) Water from safety showers; (6) Water from testing of deluge systems; (7) Water from testing of firefighting systems; (8) Except for storage vessels in ethylene oxide service, vessels storing organic liquids that contain organic hazardous air pollutants only as impurities; (9) Loading racks, loading arms, or loading hoses that only transfer liquids containing organic hazardous air pollutants as impurities; (10) Loading racks, loading arms, or loading hoses that vapor balance during all loading operations; and (11) Equipment that is intended to operate in organic hazardous air pollutant service, as defined in § 63.101, for less than 300 hours during the calendar year. (g) The owner or operator shall follow the procedures specified in paragraphs (g)(1) through (g)(4) of this section to determine whether a storage vessel is part of the source to which this subpart applies. (1) Where a storage vessel is dedicated to a chemical manufacturing process unit, the storage vessel shall be considered part of that chemical manufacturing process unit. (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the storage vessel is part of the source to which this subpart applies. (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the storage vessel is not part of the source to which this subpart applies. (2) If a storage vessel is not dedicated to a single chemical manufacturing process unit, then the applicability of this subpart F and subpart G of this part shall be determined according to the provisions in paragraphs (g)(2)(i) through (g)(2)(iii) of this section. (i) If a storage vessel is shared among chemical manufacturing process units and one of the process units has the predominant use, as determined by paragraph (g)(2)(i)(A) and (g)(2)(i)(B) of this section, then the storage vessel is part of that chemical manufacturing process unit. (A) If the greatest input into the storage vessel is from a chemical manufacturing process unit that is located on the same plant site, then that chemical manufacturing process unit has the predominant use. (B) If the greatest input into the storage vessel is provided from a chemical manufacturing process unit that is not located on the same plant site, then the predominant use is the chemical manufacturing process unit on the same plant site that receives the greatest amount of material from the storage vessel. (ii) If a storage vessel is shared among chemical manufacturing process units so that there is no single predominant use, and at least one of those chemical manufacturing process units is subject to this subpart, the storage vessel shall be considered to be part of the chemical manufacturing process unit that is subject to this subpart. If more than one chemical manufacturing process unit is subject to this subpart, the owner or operator may assign the storage vessel to any of the chemical manufacturing process units subject to this subpart. (iii) If the predominant use of a storage vessel varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (g)(2)(iii)(A) and (g)(2)(iii)(B) of this section, as applicable. This determination shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding April 22, 1994. (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding May 12, 1998. (iv) If there is a change in the material stored in the storage vessel, the owner or operator shall reevaluate the applicability of this subpart to the vessel. (3) Where a storage vessel is located at a major source that includes one or more chemical manufacturing process units which place material into, or receive materials from the storage vessel, but the storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart F and subpart G of this part shall be determined according to the provisions in paragraphs (g)(3)(i) through (g)(3)(iv) of this section. (i) The storage vessel may only be assigned to a chemical manufacturing process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw material, as appropriate). With respect to any chemical manufacturing process unit, an intervening storage vessel means a storage vessel connected by hard-piping to the chemical manufacturing process unit and to the storage vessel in the tank farm so that product or raw material entering or leaving the chemical manufacturing process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (ii) If there is no chemical manufacturing process unit at the major source that meets the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, this subpart F and subpart G of this part do not apply to the storage vessel. (iii) If there is only one chemical manufacturing process unit at the major source that meets the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that chemical manufacturing process unit. Applicability of this subpart F and subpart G to this part to the storage vessel shall then be determined according to the provisions of paragraph (b) of this section. (iv) If there are two or more chemical manufacturing process units at the major source that meet the criteria of paragraph (g)(3)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those chemical manufacturing process units according to the provisions of paragraph (g)(2) of this section. The predominant use shall be determined among only those chemical manufacturing process units that meet the criteria of paragraph (g)(3)(i) of this section. Applicability of this subpart F and subpart G of this part to the storage vessel shall then be determined according to the provisions of paragraph (b) of this section. (4) If the storage vessel begins receiving material from (or sending material to) another chemical manufacturing process unit, or ceases to receive material from (or send material to) a chemical manufacturing process unit, or if the applicability of this subpart F and subpart G of this part to a storage vessel has been determined according to the provisions of paragraphs (g)(2)(i) and (g)(2)(ii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the storage vessel. (h) The owner or operator shall follow the procedures specified in paragraphs (h)(1) and (h)(2) of this section to determine whether the arms and hoses in a loading rack are part of the source to which this subpart applies. (1) Where a loading rack is dedicated to a chemical manufacturing process unit, the loading rack shall be considered part of that specific chemical manufacturing process unit. (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section and the loading rack does not meet the criteria specified in paragraphs (f)(9) and (f)(10) of this section, then the loading rack is considered a transfer rack (as defined in § 63.101 of this subpart) and is part of the source to which this subpart applies. (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading rack is not considered a transfer rack (as defined in § 63.101 of this subpart) and is not a part of the source to which this subpart applies. (2) If a loading rack is shared among chemical manufacturing process units, then the applicability of this subpart F and subpart G of this part shall be determined at each loading arm or loading hose according to the provisions in paragraphs (h)(2)(i) through (h)(2)(iv) of this section. (i) Each loading arm or loading hose that is dedicated to the transfer of liquid organic hazardous air pollutants listed in table 2 of this subpart from a chemical manufacturing process unit to which this subpart applies is part of that chemical manufacturing process unit and is part of the source to which this subpart applies unless the loading arm or loading hose meets the criteria specified in paragraphs (f)(9) or (f)(10) of this section. (ii) If a loading arm or loading hose is shared among chemical manufacturing process units, and one of the chemical manufacturing process units provides the greatest amount of the material that is loaded by the loading arm or loading hose, then the loading arm or loading hose is part of that chemical manufacturing process unit. (A) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading arm or loading hose is part of the source to which this subpart applies unless the loading arm or loading hose meets the criteria specified in paragraphs (f)(9) or (f)(10) of this section. (B) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the loading arm or loading hose is not part of the source to which this subpart applies. (iii) If a loading arm or loading hose is shared among chemical manufacturing process units so that there is no single predominant use as described in paragraph (h)(2)(ii) of this section and at least one of those chemical manufacturing process units is subject to this subpart, then the loading arm or hose is part of the chemical manufacturing process unit that is subject to this subpart. If more than one of the chemical manufacturing process units is subject to this subpart, the owner or operator may assign the loading arm or loading hose to any of the chemical manufacturing process units subject to this subpart. (iv) If the predominant use of a loading arm or loading hose varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B) of this section, as applicable. This determination shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the 12-month period preceding April 22, 1994. (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding May 12, 1998. (3) If a loading rack that was dedicated to a single chemical manufacturing process unit begins to serve another chemical manufacturing process unit, or if applicability was determined under the provisions of paragraphs (h)(2)(i) through (h)(2)(iii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the loading rack, loading arm, or loading hose. (i) Except as provided in paragraph (i)(4) of this section, the owner or operator shall follow the procedures specified in paragraphs (i)(1) through (i)(3) and (i)(5) of this section to determine whether the vent(s) from a distillation unit is part of the source to which this subpart applies. (1) Where a distillation unit is dedicated to a chemical manufacturing process unit, the distillation column shall be considered part of that chemical manufacturing process unit. (i) If the chemical manufacturing process unit is subject to this subpart according to the criteria specified in paragraph (b) of this section, then the distillation unit is part of the source to which this subpart applies. (ii) If the chemical manufacturing process unit is not subject to this subpart according to the criteria specified in paragraph (b) of this section, then the distillation unit is not part of the source to which this subpart applies. (2) If a distillation unit is not dedicated to a single chemical manufacturing process unit, then the applicability of this subpart and subpart G of this part shall be determined according to the provisions in paragraphs (i)(2)(i) through (i)(2)(iv) of this section. (i) If the greatest input to the distillation unit is from a chemical manufacturing process unit located on the same plant site, then the distillation unit shall be assigned to that chemical manufacturing process unit. (ii) If the greatest input to the distillation unit is provided from a chemical manufacturing process unit that is not located on the same plant site, then the distillation unit shall be assigned to the chemical manufacturing process unit located at the same plant site that receives the greatest amount of material from the distillation unit. (iii) If a distillation unit is shared among chemical manufacturing process units so that there is no single predominant use as described in paragraphs (i)(2)(i) and (i)(2)(ii) of this section, and at least one of those chemical manufacturing process units is subject to this subpart, the distillation unit shall be assigned to the chemical manufacturing process unit that is subject to this subpart. If more than one chemical manufacturing process unit is subject to this subpart, the owner or operator may assign the distillation unit to any of the chemical manufacturing process units subject to this subpart. (iv) If the predominant use of a distillation unit varies from year to year, then the applicability of this subpart shall be determined according to the criteria in paragraphs (i)(2)(iv)(A) and (i)(2)(iv)(B), as applicable. This determination shall be included as part of an operating permit application or as otherwise specified by the permitting authority. (A) For chemical manufacturing process units that produce one or more of the chemicals listed in table 1 of this subpart and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding April 22, 1994. (B) For chemical manufacturing process units that produce one or more of the chemicals listed in paragraph (b)(1)(ii) of this section and meet the criteria in paragraphs (b)(2) and (b)(3) of this section, the applicability shall be based on the utilization that occurred during the year preceding May 12, 1998. (3) If the chemical manufacturing process unit to which the distillation unit is assigned is subject to this subpart, then each vent from the individual distillation unit shall be considered separately to determine whether it is a process vent (as defined in § 63.101 of this subpart). Each vent that is a process vent is part of the source to which this subpart applies. (4) If the distillation unit is part of one of the chemical manufacturing process units listed in paragraphs (i)(4)(i) through (i)(4)(iii) of this section, then each vent from the individual distillation unit shall be considered separately to determine whether it is a process vent (as defined in § 63.101 of this subpart). Each vent that is a process vent is part of the source to which this subpart applies: (i) The Aromex unit that produces benzene, toluene, and xylene; (ii) The unit that produces hexane; or (iii) The unit that produces cyclohexane. (5) If a distillation unit that was dedicated to a single chemical manufacturing process unit, or that was part of a chemical manufacturing unit identified in paragraphs (i)(4)(i) through (i)(4)(iii) of this section, begins to serve another chemical manufacturing process unit, or if applicability was determined under the provisions of paragraphs (i)(2)(i) through (i)(2)(iii) of this section and there is a change so that the predominant use may reasonably have changed, the owner or operator shall reevaluate the applicability of this subpart to the distillation unit. (j) The provisions of subparts F, G, and H of this part do not apply to the processes specified in paragraphs (j)(1) through (j)(6) of this section. Subparts F, G, and H do not require processes specified in paragraphs (j)(1) through (j)(6) to comply with the provisions of subpart A of this part. (1) Research and development facilities, regardless of whether the facilities are located at the same plant site as a chemical manufacturing process unit that is subject to the provisions of subparts F, G, or H of this part. (2) Petroleum refining process units, regardless of whether the units supply feedstocks that include chemicals listed in table 1 of this subpart to chemical manufacturing process units that are subject to the provisions of subparts F, G, or H of this part. (3) Ethylene production units, regardless of whether the units supply feedstocks that include chemicals listed in table 1 of this subpart to chemical manufacturing process units that are subject to the provisions of subpart F, G, or H of this part. (4) Batch process vents within a chemical manufacturing process unit. (5) Chemical manufacturing process units that are located in coke by-product recovery plants. (6) Solvent reclamation, recovery, or recycling operations at hazardous waste TSDF facilities requiring a permit under 40 CFR part 270 that are separate entities and not part of a SOCMI chemical manufacturing process unit. (k) Except as provided in paragraphs (l), (m), and (p) of this section, sources subject to subpart F, G, or H of this part are required to achieve compliance on or before the dates specified in paragraphs (k)(1) through (8) and (10) and (11) of this section. (1)(i) New sources that commence construction or reconstruction after December 31, 1992, but before August 27, 1996 shall be in compliance with this subpart F, subparts G and H of this part upon initial start-up or by April 22, 1994, whichever is later, as provided in § 63.6(b) of subpart A of this part, and further, where start-up occurs before January 17, 1997 shall also be in compliance with this subpart F and subparts G and H of this part (as amended on January 17, 1997) by January 17, 1997, except that, with respect to all new sources that commenced construction or reconstruction after December 31, 1992, and before August 27, 1996: (A) Heat exchange systems and maintenance wastewater, that are part of a new source on which construction or reconstruction commenced after December 31, 1992, but before August 27, 1996, shall be in compliance with this subpart F no later than initial start-up or 180 days after January 17, 1997, whichever is later; (B) Process wastewater streams and equipment subject to § 63.149, that are part of a new source on which construction or reconstruction commenced after December 31, 1992, but before August 27, 1996, shall be in compliance with this subpart F and subpart G of this part no later than initial start-up or 180 days after January 17, 1997, whichever is later; and (ii) New sources that commence construction after August 26, 1996 shall be in compliance with this subpart F, subparts G and H of this part upon initial start-up or by January 17, 1997, whichever is later. (2) Existing sources shall be in compliance with this subpart F and subpart G of this part no later than the dates specified in paragraphs (k)(2)(i) and (k)(2)(ii) of this section, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) of subpart G of this part or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. (i) Process vents, storage vessels, and transfer racks at an existing source shall be in compliance with the applicable sections of this subpart and subpart G of this part no later than April 22, 1997. (ii) Heat exchange systems and maintenance wastewater shall be in compliance with the applicable sections of this subpart, and equipment subject to § 63.149 and process wastewater streams shall be in compliance with the applicable sections of this subpart and subpart G of this part no later than April 22, 1999, except as provided in paragraphs (k)(2)(ii)(A) and (k)(2)(ii)(B) of this section. (A) If a process wastewater stream or equipment subject to § 63.149 is subject to the control requirements of subpart G of this part due to the contribution of nitrobenzene to the total annual average concentration (as determined according to the procedures in § 63.144(b) of subpart G of this part), the wastewater stream shall be in compliance no later than January 18, 2000. (B) If a process wastewater stream is used to generate credits in an emissions average in accordance with § 63.150 of subpart G of this part, the process wastewater stream shall be in compliance with the applicable sections of subpart G of this part no later than April 22, 1997. (3) Existing sources shall be in compliance with subpart H of this part no later than the dates specified in paragraphs (k)(3)(i) through (k)(3)(v) of this section, except as provided for in paragraphs (k)(4) through (k)(8) of this section, unless an extension has been granted by the Administrator as provided in § 63.182(a)(6) of this part or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. The group designation for each process unit is indicated in table 1 of this subpart. (i) Group I: October 24, 1994. (ii) Group II: January 23, 1995. (iii) Group III: April 24, 1995. (iv) Group IV: July 24, 1995. (v) Group V: October 23, 1995. (4) Existing chemical manufacturing process units in Groups I and II as identified in table 1 of this subpart shall be in compliance with the requirements of § 63.164 no later than May 10, 1995, for any compressor meeting one or more of the criteria in paragraphs (k)(4)(i) through (iv) of this section, if the work can be accomplished without a process unit shutdown, as defined in § 63.101. (i) The seal system will be replaced; (ii) A barrier fluid system will be installed; (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system; or (iv) The compressor must be modified to permit connecting the compressor to a closed vent system. (5) Existing chemical manufacturing process units shall be in compliance with the requirements of § 63.164 in subpart H no later than 1 year after the applicable compliance date specified in paragraph (k)(3) of this section, for any compressor meeting the criteria in paragraphs (k)(5)(i) through (k)(5)(iv) of this section. (i) The compressor meets one or more of the criteria specified in paragraphs (k)(4) (i) through (iv) of this section; (ii) The work can be accomplished without a process unit shutdown as defined in § 63.101; (iii) The additional time is actually necessary due to the unavailability of parts beyond the control of the owner or operator; and (iv) The owner or operator submits a request to the appropriate EPA Regional Office at the addresses listed in § 63.13 of subpart A of this part no later than 45 days before the applicable compliance date in paragraph (k)(3) of this section, but in no event earlier than May 10, 1995. The request shall include the information specified in paragraphs (k)(5)(iv)(A) through (k)(5)(iv)(E) of this section. Unless the EPA Regional Office objects to the request within 30 days after receipt, the request shall be deemed approved. (A) The name and address of the owner or operator and the address of the existing source if it differs from the address of the owner or operator; (B) The name, address, and telephone number of a contact person for further information; (C) An identification of the chemical manufacturing process unit, and of the specific equipment for which additional compliance time is required; (D) The reason compliance can not reasonably be achieved by the applicable date specified in paragraphs (k)(3)(i) through (k)(3)(v) of this section; and (E) The date by which the owner or operator expects to achieve compliance. (6)(i) If compliance with the compressor provisions of § 63.164 cannot reasonably be achieved without a process unit shutdown, as defined in § 63.101, the owner or operator shall achieve compliance no later than April 22, 1996, except as provided for in paragraph (k)(6)(ii) of this section. The owner or operator who elects to use this provision shall comply with the requirements of § 63.103(g). (ii) If compliance with the compressor provisions of § 63.164 of subpart H of this part can not be achieved without replacing the compressor or recasting the distance piece, the owner or operator shall achieve compliance no later than April 22, 1997. The owner or operator who elects to use this provision shall also comply with the requirements of § 63.103(g) of this subpart. (7) Existing sources shall be in compliance with the provisions of § 63.170 of subpart H no later than April 22, 1997. (8) If an owner or operator of a chemical manufacturing process unit subject to the provisions of subparts F, G, and H of part 63 plans to implement pollution prevention measures to eliminate the use or production of HAP listed in table 2 of this subpart by October 23, 1995, the provisions of subpart H do not apply regardless of the compliance dates specified in paragraph (k)(3) of this section. The owner or operator who elects to use this provision shall comply with the requirements of § 63.103(h) of this subpart. (9) All terms in this subpart F or subpart G of this part that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), unless specified otherwise in the section or subsection that imposes the requirement, refer to the standard calendar periods. (i) Notwithstanding time periods specified in this subpart F or subpart G of this part for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (ii) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraphs (k)(9)(ii)(A) or (k)(9)(ii)(B) of this section, as appropriate. (A) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (B) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (iii) In all instances where a provision of this subpart F or subpart G of this part requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided the task is conducted at a reasonable interval after completion of the task during the previous period. (10) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the requirements listed in paragraphs (k)(10)(i) through (viii) of this section upon initial startup or on July 15, 2027, whichever is later. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the requirements listed in paragraphs (k)(10)(i) through (viii) of this section upon initial startup, or on July 15, 2024, whichever is later. (i) The general requirements specified in paragraph (q)(4)(iii) of this section, §§ 63.102(e) and (f), 63.103(b)(1), (b)(3)(ii), and (c)(2)(iv), 63.107(j), 63.108, 63.110(h)(2) and (j)(1), and § 63.148(f)(4), (i)(3)(iii), and (j)(4). (ii) For heat exchange systems, the requirements specified in § 63.104(a)(3) and (a)(4)(v) (g), (h), (i), (j), and (l). (iii) For process vents, the requirements specified in §§ 63.113(a)(4) and (5), (k), and (l), 63.114(a)(5)(v) and (d)(3), 63.115(g), 63.116(g), 63.117(g), and 63.118(f)(7) and (n). (iv) For storage vessels, the requirements specified in §§ 63.119(a)(6), 63.119(b)(5)(ix) through (xii), 63.119(b)(7), 63.119(f)(3)(iv), 63.120(d)(1)(iii), and footnotes b and c of tables 5 and 6 to subpart G of this part. For pressure vessels, the requirements specified in §§ 63.119(a)(7), 63.122(j), and 63.123(b). (v) For transfer operations, the requirements specified in §§ 63.126(h)(1), 63.127(b)(4) and (d)(3), and 63.130(a)(2)(iv), (b)(3), and (d)(7). (vi) For process wastewater, the requirements specified in §§ 63.132(a)(2)(i)(C) and (b)(3)(i)(C), 63.135(b)(4), 63.139(d)(5), and 63.145(a)(10). (vii) For equipment leaks and pressure relief devices, the requirements specified in §§ 63.165(a) and (e), 63.170(b), 63.172(j)(4), 63.181(g)(3)(iii), and 63.182(d)(2)(xix). (viii) The other notification, reports, and records requirements specified in § 63.152(c)(2)(ii)(F), table 3 to subpart G of this part, item 3 in column 3 for presence of flow and monthly inspections of sealed valves for all control devices, table 7 to subpart G of this part, item 3 in column 3 for presence of flow and monthly inspections of sealed valves for all control devices and vapor balancing systems, and table 20 to subpart G of this part, item (8)(iii). (11) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the ethylene oxide requirements in §§ 63.104(k), 63.109, 63.113(j), 63.119(a)(5), 63.120(d)(9), 63.124, 63.163(a)(1)(iii), (b)(2)(iv), (c)(4), and (e)(7), 63.168(b)(2)(iv) and (d)(5), 63.171(f), and 63.174(a)(3), (b)(3)(vi), (b)(5), and (g)(3), upon initial startup or on July 15, 2026, whichever is later. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the ethylene oxide requirements listed in §§ 63.104(k), 63.109, 63.113(j), 63.119(a)(5), 63.120(d)(9), § 63.124, 63.163(a)(1)(iii), (b)(2)(iv), (c)(4), and (e)(7), 63.168(b)(2)(iv) and (d)(5), § 63.171(f), and 63.174(a)(3), (b)(3)(vi), (b)(5), and (g)(3), upon initial startup or on July 15, 2024, whichever is later. (12) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must commence fenceline monitoring according to the requirements in § 63.184 by no later than July 15, 2026, however requirements for corrective actions are not required until on or after July 15, 2027. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the fenceline monitoring requirements listed in § 63.184 upon initial startup, or on July 15, 2024, whichever is later. (l)(1) If an additional chemical manufacturing process unit meeting the criteria specified in paragraph (b) of this section is added to a plant site that is a major source as defined in section 112(a) of the Act, the addition shall be subject to the requirements for a new source in subparts F, G, and H of this part if: (i) It is an addition that meets the definition of construction in § 63.2 of subpart A of this part; (ii)(A) Such construction commenced after December 31, 1992 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in table 1 of this subpart; (B) Such construction commenced after August 22, 1997 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section; and (iii) The addition has the potential to emit 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP's, unless the Administrator establishes a lesser quantity. (2) If any change is made to a chemical manufacturing process unit subject to this subpart, the change shall be subject to the requirements of a new source in subparts F, G, and H of this part if: (i) It is a change that meets the definition of reconstruction in § 63.2 of subpart A of this part; and (ii)(A) Such reconstruction commenced after December 31, 1992 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in table 1 of this subpart; and (B) Such construction commenced after August 22, 1997 for chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section. (3) If an additional chemical manufacturing process unit is added to a plant site or a change is made to a chemical manufacturing process unit and the addition or change is determined to be subject to the new source requirements according to paragraph (l)(1) or (l)(2) of this section: (i) The new or reconstructed source shall be in compliance with the new source requirements of subparts F, G, and H of this part upon initial start-up of the new or reconstructed source or by April 22, 1994, whichever is later; and (ii) The owner or operator of the new or reconstructed source shall comply with the reporting and recordkeeping requirements in subparts F, G, and H of this part that are applicable to new sources. The applicable reports include, but are not limited to: (A) The application for approval of construction or reconstruction which shall be submitted by the date specified in § 63.151(b)(2)(ii) of subpart G of this part, or an Initial Notification as specified in § 63.151(b)(2)(iii) of subpart G of this part; (B) Changes that meet the criteria in § 63.151(j) of subpart G of this part, unless the information has been submitted in an operating permit application or amendment; (C) The Notification of Compliance Status as required by § 63.152(b) of subpart G of this part for the new or reconstructed source; (D) Periodic Reports and Other Reports as required by § 63.152(c) and (d) of subpart G of this part; (E) Reports required by § 63.182 of subpart H of this part; and (F) Reports and notifications required by sections of subpart A of this part that are applicable to subparts F, G, and H of this part, as identified in table 3 of this subpart. (4) If an additional chemical manufacturing process unit is added to a plant site, or if an emission point is added to an existing chemical manufacturing process unit, or if another deliberate operational process change creating an additional Group 1 emission point(s) is made to an existing chemical manufacturing process unit, or if a surge control vessel or bottoms receiver becomes subject to § 63.170 of subpart H, or if a compressor becomes subject to § 63.164 of subpart H, and if the addition or change is not subject to the new source requirements as determined according to paragraph (l)(1) or (l)(2) of this section, the requirements in paragraphs (l)(4)(i) through (l)(4)(iii) of this section shall apply. Examples of process changes include, but are not limited to, changes in production capacity, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph and paragraph (m) of this section, process changes do not include: Process upsets, unintentional temporary process changes, and changes that are within the equipment configuration and operating conditions documented in the Notification of Compliance Status required by § 63.152(b) of subpart G of this part. (i) The added emission point(s) and any emission point(s) within the added or changed chemical manufacturing process unit are subject to the requirements of subparts F, G, and H of this part for an existing source; (ii) The added emission point(s) and any emission point(s) within the added or changed chemical manufacturing process unit shall be in compliance with subparts F, G, and H of this part by the dates specified in paragraph (l)(4)(ii) (A) or (B) of this section, as applicable. (A) If a chemical manufacturing process unit is added to a plant site or an emission point(s) is added to an existing chemical manufacturing process unit, the added emission point(s) shall be in compliance upon initial start-up of the added chemical manufacturing process unit or emission point(s) or by 3 years after April 22, 1994, whichever is later. (B) If a deliberate operational process change to an existing chemical manufacturing process unit causes a Group 2 emission point to become a Group 1 emission point, if a surge control vessel or bottoms receiver becomes subject to § 63.170, or if a compressor becomes subject to § 63.164, the owner or operator shall be in compliance upon initial start-up or by 3 years after April 22, 1994, whichever is later, unless the owner or operator demonstrates to the Administrator that achieving compliance will take longer than making the change. If this demonstration is made to the Administrator's satisfaction, the owner or operator shall follow the procedures in paragraphs (m)(1) through (3) of this section to establish a compliance date. (iii) The owner or operator of a chemical manufacturing process unit or emission point that is added to a plant site and is subject to the requirements for existing sources shall comply with the reporting and recordkeeping requirements of subparts F, G, and H of this part that are applicable to existing sources, including, but not limited to, the reports listed in paragraphs (l)(4)(iii) (A) through (E) of this section. A change to an existing chemical manufacturing process unit shall be subject to the reporting requirements for existing sources, including but not limited to, the reports listed in paragraphs (l)(4)(iii)(A) through (E) of this section if the change meets the criteria specified in § 63.118(g), (h), (i), or (j) of subpart G of this part for process vents or the criteria in § 63.155(i) or (j) of subpart G of this part. The applicable reports include, but are not limited to: (A) Reports specified in § 63.151(i) and (j) of subpart G of this part, unless the information has been submitted in an operating permit application or amendment; (B) The Notification of Compliance Status as required by § 63.152(b) of subpart G of this part for the emission points that were added or changed; (C) Periodic Reports and other reports as required by § 63.152 (c) and (d) of subpart G of this part; (D) Reports required by § 63.182 of subpart H of this part; and (E) Reports and notifications required by sections of subpart A of this part that are applicable to subparts F, G, and H of this part, as identified in table 3 of this subpart. (m) If a change that does not meet the criteria in paragraph (l)(4) of this section is made to a chemical manufacturing process unit subject to subparts F and G of this part, and the change causes a Group 2 emission point to become a Group 1 emission point (as defined in § 63.101), then the owner or operator shall comply with the requirements of subpart G of this part for the Group 1 emission point as expeditiously as practicable, but in no event later than 3 years after the emission point becomes Group 1. (1) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. (2) The compliance schedule shall be submitted with the report required in § 63.151(i)(2) of subpart G of this part for emission points included in an emissions average or § 63.151(j)(1) or subpart G of this part for emission points not in an emissions average, unless the compliance schedule has been submitted in an operating permit application or amendment. (3) The Administrator shall approve the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. (n) Rules stayed for reconsideration. (o) Sections stayed for reconsideration. (p) Compliance dates for chemical manufacturing process units that produce crotonaldehyde or tetrahydrobenzaldehyde. (1) If the source consists only of chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraph (b)(1)(ii) of this section, new sources shall comply by the date specified in paragraph (p)(1)(i) of this section and existing sources shall comply by the dates specified in paragraphs (p)(1)(ii) and (p)(1)(iii) of this section. (i) Upon initial start-up or May 12, 1998, whichever is later. (ii) This subpart and subpart G of this part by May 14, 2001, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. When April 22, 1994 is referred to in this subpart and subpart G of this part, May 12, 1998 shall be used as the applicable date for that provision. When December 31, 1992 is referred to in this subpart and subpart G of this part, August 22, 1997 shall be used as the applicable date for that provision. (iii) Subpart H of this part by May 12, 1999, unless an extension has been granted by the Administrator as provided in § 63.151(a)(6) or granted by the permitting authority as provided in § 63.6(i) of subpart A of this part. When April 22, 1994 is referred to in subpart H of this part, May 12, 1998 shall be used as the applicable date for that provision. When December 31, 1992 is referred to in subpart H of this part, August 22, 1997 shall be used as the applicable date for that provision. (2) If the source consists of a combination of chemical manufacturing process units that produce as a primary product one or more of the chemicals listed in paragraphs (b)(1)(i) and (b)(1)(ii) of this section, new chemical manufacturing process units that meet the criteria in paragraph (b)(1)(ii) of this section shall comply by the date specified in paragraph (p)(1)(i) of this section and existing chemical manufacturing process units producing crotonaldehyde and/or tetrahydrobenzaldehyde shall comply by the dates specified in paragraphs (p)(1)(ii) and (p)(1)(iii) of this section. (q) If the owner or operator of a process vent, or of a gas stream transferred subject to § 63.113(i), is unable to comply with the provisions of §§ 63.113 through 63.118 by the applicable compliance date specified in paragraph (k), (l), or (m) of this section for the reasons stated in paragraph (q)(1), (3), or (5) of this section, the owner or operator shall comply with the applicable provisions in §§ 63.113 through 63.118 as expeditiously as practicable, but in no event later than the date approved by the Administrator pursuant to paragraph (q)(2), (4), or (6) of this section, respectively. For requests under paragraph (q)(1) or (3) of this section, the date approved by the Administrator may be earlier than, and shall not be later than, the later of January 22, 2004, or 3 years after the transferee's refusal to accept the stream for disposal. For requests submitted under paragraph (q)(5) of this section, the date approved by the Administrator may be earlier than, and shall not be later than, 3 years after the date of publication of the amendments to this subpart or to subpart G of this part which created the need for an extension of the compliance. (1) If the owner or operator has been sending a gas stream for disposal as described in § 63.113(i) prior to January 22, 2001, and the transferee does not submit a written certification as described in § 63.113(i)(2) and ceases to accept the gas stream for disposal, the owner or operator shall comply with paragraph (q)(2) of this section. (2)(i) An owner or operator directed to comply with paragraph (q)(2) of this section shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. (ii) The compliance schedule and justification shall be submitted no later than 90 days after the transferee ceases to accept the gas stream for disposal. (iii) The Administrator shall approve the compliance schedule or request changes within 120 days of receipt of the compliance schedule and justification. (3) Except as specified in paragraph (q)(4)(iii) of this section, if the owner or operator has been sending the gas stream for disposal as described in § 63.113(i) to a transferee who had submitted a written certification as described in § 63.113(i)(2), and the transferee revokes its written certification, the owner or operator shall comply with paragraphs (q)(4)(i) and (ii) of this section. During the period between the date when the owner or operator receives notice of revocation of the transferee's written certification and the compliance date established under paragraph (q)(4) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions to the extent practical. For purposes of this paragraph (q)(3), the term “excess emissions” means emissions in excess of those that would have occurred if the transferee had continued managing the gas stream in compliance with the requirements in §§ 63.113 through 63.118. The measures to be taken shall be identified in the applicable startup, shutdown, and malfunction plan. If the measures that can be reasonably taken will change over time, so that a more effective measure which could not reasonably be taken initially would be reasonable at a later date, the Administrator may require the more effective measure by a specified date (in addition to or instead of any other measures taken sooner or later than that date) as a condition of approval of the compliance schedule. (4)(i) An owner or operator directed to comply with this paragraph (q)(4) shall submit to the Administrator for approval the documents specified in paragraphs (q)(4)(i)(A) through (E) of this section no later than 90 days after the owner or operator receives notice of revocation of the transferee's written certification. (A) A request for determination of a compliance date. (B) A justification for the request for determination of a compliance date. (C) A compliance schedule. (D) A justification for the compliance schedule. (E) A description of the measures that will be taken to minimize excess emissions until the new compliance date, and the date when each measure will first be implemented. The owner or operator shall describe how, and to what extent, each measure will minimize excess emissions, and shall justify any period of time when measures are not in place. (ii) The Administrator shall approve or disapprove the request for determination of a compliance date and the compliance schedule, or request changes, within 120 days after receipt of the documents specified in paragraphs (q)(4)(i)(A) through (E) of this section. Upon approving the request for determination and compliance schedule, the Administrator shall specify a reasonable compliance date consistent with the introductory text in paragraph (q) of this section. (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (q)(3) of this section no longer applies. (5) If the owner's or operator's inability to meet otherwise applicable compliance deadlines is due to amendments of this subpart or of subpart G of this part published on or after January 22, 2001, and neither condition specified in paragraph (q)(1) or (3) of this section is applicable, the owner or operator shall comply with paragraph (q)(6) of this section. (6)(i) An owner or operator directed to comply with this paragraph (6)(i) shall submit to the Administrator for approval, a request for determination of a compliance date, a compliance schedule, a justification for the determination of a compliance date, and a justification for the compliance schedule. (ii) The documents required to be submitted under paragraph (q)(6)(i) of this section shall be submitted no later than 120 days after publication of the amendments of this subpart or of subpart G of this part which necessitate the request for an extension. (iii) The Administrator shall approve or disapprove the request for a determination of a compliance date, or request changes, within 120 days after receipt of the request for determination of a compliance date, the compliance schedule, and the two justifications. If the request for determination of a compliance date is disapproved, the compliance schedule is disapproved and the owner or operator shall comply by the applicable date specified in paragraph (k),(l), or (m) of this section. If the request for the determination of a compliance date is approved, the Administrator shall specify, at the time of approval, a reasonable compliance date consistent with the introductory text in paragraph (q) of this section. [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18023, 18028, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 64574, Dec. 5, 1996; 62 FR 2729, Jan. 17, 1997; 63 FR 26081, May 12, 1998; 64 FR 20191, Apr. 26, 1999; 66 FR 6927, Jan. 22, 2001; 89 FR 43153, May 16, 2024] § 63.101 Definitions. (a) The following terms as used in subparts F, G, and H of this part shall have the meaning given them in subpart A of this part: Act, actual emissions, Administrator, affected source, approved permit program, commenced, compliance date, construction, continuous monitoring system, continuous parameter monitoring system, effective date, emission standard, emissions averaging, EPA, equivalent emission limitation, existing source, Federally enforceable, fixed capital cost, hazardous air pollutant, lesser quantity, major source, malfunction, new source, owner or operator, performance evaluation, performance test, permit program, permitting authority, reconstruction, relevant standard, responsible official, run, standard conditions, State, and stationary source. (b) All other terms used in this subpart and subparts G and H of this part shall have the meaning given them in the Act and in this section. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for purposes of subparts F, G, and H of this part. Air oxidation reactor Ancillary activities i.e., Annual average concentration, Annual average flow rate, Automated monitoring and recording system Batch operation Batch process Batch process vent Batch product-process equipment train Bench-scale batch process Boiler Bottoms receiver Breakthrough By compound By-product Car-seal e.g., Chemical manufacturing process unit or CMPU Closed biological treatment process Closed-loop system Closed-purge system Closed vent system Combustion device Compliance date Connector Container, 3 Continuous record Continuous recorder Continuous seal Continuous vapor processing system Control device Co-product Cover, Dioxins and furans Distillate receiver Distillation unit Double block and bleed system Duct work Emission point Empty or emptying Enhanced biological treatment system or enhanced biological treatment process Equipment leak Equipment Ethylene production unit 4 4 External floating roof Fill filling First attempt at repair Fixed roof Flame zone Flexible operation unit Floating roof Flow indicator Fuel gas Fuel gas system Group 1 process vent Group 1 storage vessel Group 1 transfer rack Group 1 wastewater stream Group 2 process vent Group 2 storage vessel Group 2 transfer rack Group 2 wastewater stream Halogenated vent stream halogenated stream Halogens hydrogen halides 2 2 Hard-piping Heat exchange system i.e., e.g., Impurity In ethylene oxide service (i) For equipment leaks, any equipment that contains or contacts a fluid (liquid or gas) that is at least 0.1 percent by weight of ethylene oxide. If information exists that suggests ethylene oxide could be present in equipment, the equipment is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the equipment does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in equipment, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (ii) For heat exchange systems, any heat exchange system in a process that cools process fluids (liquid or gas) that are 0.1 percent or greater by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a heat exchange system, then the heat exchange system is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the heat exchange system does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in a heat exchange system, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (iii) For process vents, each Group 1 and Group 2 process vent in a process that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the sum of all these process vents within the process would emit uncontrolled, ethylene oxide emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information exists that suggests ethylene oxide could be present in a Group 1 or Group 2 process vent, then the Group 1 or Group 2 process vent is considered to be “in ethylene oxide service” unless an analysis is performed as specified in § 63.109 to demonstrate that the Group 1 or Group 2 process vent does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in a Group 1 or Group 2 process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (iv) For storage vessels, storage vessels of any capacity and vapor pressure storing a liquid that is at least 0.1 percent by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a storage vessel, then the storage vessel is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the storage vessel does not meet the definition of being “in ethylene oxide service”. The exemption for “vessels storing organic liquids that contain organic hazardous air pollutants only as impurities” listed in the definition of “storage vessel” in this section does not apply for storage vessels that may be in ethylene oxide service. Examples of information that could suggest ethylene oxide could be present in a storage vessel, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (v) For wastewater streams, any wastewater stream that contains total annual average concentration of ethylene oxide greater than or equal to 1 parts per million by weight at any flow rate. If knowledge exists that suggests ethylene oxide could be present in a wastewater stream, then the wastewater stream is considered to be “in ethylene oxide service” unless sampling and analysis is performed as specified in § 63.109 to demonstrate that the wastewater stream does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in a wastewater stream, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. In food/medical service (i) A dilution of product quality so that the product would not meet written specifications, (ii) An exothermic reaction which is a safety hazard, (iii) The intended reaction to be slowed down or stopped, or (iv) An undesired side reaction to occur. In gas/vapor service In heavy liquid service In light liquid service (i) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C, (ii) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream, and (iii) The fluid is a liquid at operating conditions. Note 1 to In light liquid service: In liquid service In organic hazardous air pollutant in organic HAP service In vacuum service In volatile organic compound in VOC service (i) The piece of equipment contains or contacts a process fluid that is at least 10 percent VOC by weight (see § 60.2 of this chapter for the definition of VOC, and § 60.485(d) of this chapter to determine whether a piece of equipment is not in VOC service); and (ii) The piece of equipment is not in heavy liquid service as defined in § 60.481 of this chapter. Incinerator Individual drain system Initial start-up In-situ sampling systems Instrumentation system e.g., Intermittent vapor processing system Internal floating roof Junction box Liquid-mounted seal Liquids dripping Loading cycle Loading rack Maintenance wastewater Maximum true vapor pressure (i) In accordance with methods described in API MPMS 19.2 (incorporated by reference as specified in § 63.14); or (ii) As obtained from standard reference texts; or (iii) As determined by the ASTM D2879-23 (incorporated by reference as specified in § 63.14); or (iv) Any other method approved by the Administrator. Metallic shoe seal mechanical shoe seal Non-automated monitoring and recording system Nonrepairable Oil-water separator organic-water separator On-site On site Open biological treatment process Open-ended valve or line Operating permit Organic hazardous air pollutant organic HAP Organic monitoring device Petroleum refining process, petroleum refining process unit, Plant site Point of determination (i) At the point of determination or (ii) Downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of table 8 or table 9 compounds as determined in § 63.144. Such changes include losses by air emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy hazardous air pollutants. Point of transfer (i) If the transfer is to an off-site location for control, the point where the conveyance crosses the property line; or (ii) If the transfer is to an on-site location not owned or operated by the owner or operator of the source, the point where the conveyance enters the operation or equipment of the transferee. Polymerizing monomer e.g., e.g., Pressure release Pressure relief device or valve Pressure-assisted multi-point flare i.e., Pressure vessel Primary fuel Process heater Process unit Process unit shutdown Process vent Process wastewater Process wastewater stream Product Product separator Product tank drawdown Product tank, e.g., Rack-weighted average partial pressure Equation 1 to Paragraph (b) Rack-Weighted Average Partial Pressure Where: P = Rack-weighted average partial pressure, kilopascals. P i i i G i I = Each liquid that contains HAP that is transferred at the rack. Reactor Recapture device Recovery device i.e., Reference control technology for process vents Reference control technology for storage vessels Reference control technology for transfer racks Reference control technology for wastewater (i) Controls specified in §§ 63.133 through 63.137; (ii) A steam stripper meeting the specifications of § 63.138(d) or any of the other alternative control measures specified in § 63.138(b), (c), (e), (f), (g), or (h); and (iii) A control device to reduce by 95 percent (or to an outlet concentration of 20 parts per million by volume for combustion devices or for noncombustion devices controlling air emissions from waste management units other than surface impoundments or containers) the organic hazardous air pollutants emissions in the vapor streams vented from wastewater tanks, oil-water separators, containers, surface impoundments, individual drain systems, and treatment processes (including the design steam stripper) managing wastewater. Relief valve Repaired (i) Is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable sections of subpart H of this part, and (ii) Unless otherwise specified in applicable provisions of subpart H of this part, is monitored as specified in § 63.180(b) and (c), as appropriate, to verify that emissions from the equipment are below the applicable leak definition. Research and development facility de minimis Residual Routed to a process or route to a process Sampling connection system Screwed connector i.e., Secondary fuel Sensor Set pressure Sewer line Shutdown Simultaneous loading Single-seal system Source affected source source Specific gravity monitoring device Start-up Start-up, shutdown, and malfunction plan Steam jet ejector Storage vessel (i) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (ii) Vessels with capacities smaller than 38 cubic meters; (iii) Except for storage vessels in ethylene oxide service, vessels storing organic liquids that contain organic hazardous air pollutants only as impurities; (iv) Bottoms receiver tanks; (v) Surge control vessels; or (vi) Wastewater storage tanks. Wastewater storage tanks are covered under the wastewater provisions. Surface impoundment Surge control vessel Table 8 compound Table 9 compound Temperature monitoring device The 33/50 program Total organic compounds TOC), Total resource effectiveness index value TRE index value Transfer operation Transfer rack (i) Racks, arms, or hoses that only transfer liquids containing organic hazardous air pollutants as impurities; or (ii) Racks, arms, or hoses that vapor balance during all loading operations. Treatment process Unit operation Vapor balancing system Vapor collection system, Vapor-mounted seal Vent stream, Waste management unit Wastewater (i) Contains either: (A) An annual average concentration of table 9 compounds of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater, or (B) An annual average concentration of table 9 compounds of at least 10,000 parts per million by weight at any flow rate, and that (ii) Is discarded from a chemical manufacturing process unit that meets all of the criteria specified in § 63.100 (b)(1) through (3). Wastewater is process wastewater or maintenance wastewater. Wastewater stream Wastewater tank e.g., Water seal controls e.g., [59 FR 19454, Apr. 22, 1994, as amended at 60 FR 18024, Apr. 10, 1995; 60 FR 63626, Dec. 12, 1995; 62 FR 2731, Jan. 17, 1997; 65 FR 26497, May 8, 2000; 66 FR 6928, Jan. 22, 2001; 89 FR 43155, May 16, 2024] § 63.102 General standards. (a) Except as specified in paragraph (e) of this section, owners and operators of sources subject to this subpart shall comply with the requirements of subparts G and H of this part as specified in paragraphs (a)(1) through (4) of this section. (1) The provisions set forth in this subpart and subpart G of this part shall apply at all times except during periods of start-up or shutdown (as defined in § 63.101 of this subpart), malfunction, or non-operation of the chemical manufacturing process unit (or specific portion thereof) resulting in cessation of the emissions to which this subpart and subpart G of this part apply. However, if a start-up, shutdown, malfunction or period of non-operation of one portion of a chemical manufacturing process unit does not affect the ability of a particular emission point to comply with the specific provisions to which it is subject, then that emission point shall still be required to comply with the applicable provisions of this subpart and subpart G of this part during the start-up, shutdown, malfunction or period of non-operation. For example, if there is an overpressure in the reactor area, a storage vessel in the chemical manufacturing process unit would still be required to be controlled in accordance with § 63.119. Similarly, the degassing of a storage vessel would not affect the ability of a process vent to meet the requirements of § 63.113. (2) The provisions set forth in subpart H of this part shall apply at all times except during periods of start-up or shutdown, malfunction, or process unit shutdown (as defined in § 63.101(b)), or non-operation of the chemical manufacturing process unit (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which subpart H of this part applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with the provisions of this subpart or subpart G or H of this part during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment, if the shutdown would contravene requirements of this subpart or subpart G or H of this part applicable to such items of equipment. This paragraph does not apply if the item of equipment is malfunctioning, or if the owner or operator must shut down the equipment to avoid damage due to a contemporaneous start-up, shutdown, or malfunction of the chemical manufacturing process unit or portion thereof. (4) During start-ups, shutdowns, and malfunctions when the requirements of this subpart and subparts G and/or H of this part do not apply pursuant to paragraphs (a)(1) through (3) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions to the extent practical. The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan required in § 63.6(e)(3)), review of operation and maintenance records, and inspection of the source. The measures to be taken may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention, monitoring, and/or changes in the manner of operation of the source. Back-up control devices are not required but may be used if available. (b) If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in organic HAP emissions at least equivalent to the reduction in organic HAP emissions from that source achieved under any design, equipment, work practice, or operational standards in subpart G or H of this part, the Administrator will publish in the Federal Register (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. (2) Any notice under this paragraph (b) shall be published only after public notice and an opportunity for a hearing. (3) Any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information showing that the alternative means achieves equivalent emission reductions. (c) Each owner or operator of a source subject to this subpart shall obtain a permit under 40 CFR part 70 or part 71 from the appropriate permitting authority by the date determined by 40 CFR part 70 or part 71, as appropriate. (1) If the EPA has approved a State operating permit program under 40 CFR part 70, the permit shall be obtained from the State authority. If the State operating permit program has not been approved, the source shall apply to the EPA Regional Office. (2) [Reserved] (d) The requirements in this subpart and subparts G and H of this part are federally enforceable under section 112 of the Act on and after the dates specified in § 63.100(k) of this subpart. (e) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (a) of this section does not apply. Instead, owners and operators of sources as defined in § 63.101 shall comply with the requirements in this subpart and subparts G and H of this part at all times, except during periods of nonoperation of the source (or specific portion thereof) resulting in cessation of the emissions to which this subpart or subpart G or H of this part applies. (f) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), at all times, owners and operators must operate and maintain any source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require owners and operators to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [89 FR 43163, May 16, 2024] § 63.103 General compliance, reporting, and recordkeeping provisions. (a) Table 3 of this subpart specifies the provisions of subpart A that apply and those that do not apply to owners and operators of sources subject to subparts F, G, and H of this part. (b) Performance tests and initial compliance determinations shall be required only as specified in subparts G and H of this part. (1) Initial performance tests and compliance determinations shall be conducted according to the schedule and procedures in § 63.7(a) and the applicable sections of subparts G and H of this part. Beginning no later than the compliance dates specified in § 63.100(k)(10), except as outlined in subpart H of this part, conduct subsequent performance tests no later than 60 calendar months after the previous performance test. (2) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 calendar days before the performance test is scheduled to allow the Administrator the opportunity to have an observer present during the test. (3) Performance tests shall be conducted as specified in paragraph (b)(3)(i) or (ii) of this section.(i) Except as specified in paragraph (b)(3)(ii) of this section, performance tests shall be conducted according to the provisions of § 63.7(e), except that performance tests shall be conducted at maximum representative operating conditions for the process. During the performance test, an owner or operator may operate the control or recovery device at maximum or minimum representative operating conditions for monitored control or recovery device parameters, whichever results in lower emission reduction. (ii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (b)(3)(i) of this section no longer applies and instead the owner or operator may not conduct performance tests during periods of malfunction. Owners and operators must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, owners and operators must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (4) Data shall be reduced in accordance with the EPA-approved methods specified in the applicable subpart or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part. (5) Performance tests may be waived with approval of the Administrator as specified in § 63.7(h)(2) of subpart A of this part. Owners or operators of sources subject to subparts F, G, and H of this part who apply for a waiver of a performance test shall submit the application by the dates specified in paragraph (b)(5)(i) of this section rather than the dates specified in § 63.7(h)(3) of subpart A of this part. (i) If a request is made for an extension of compliance under § 63.151(a)(6) of subpart G or § 63.6(i) of subpart A of this part, the application for a waiver of an initial performance test shall accompany the information required for the request for an extension of compliance. If no extension of compliance is requested, the application for a waiver of an initial performance test shall be submitted no later than 90 calendar days before the Notification of Compliance Status required in § 63.152(b) of subpart G of this part is due to be submitted. (ii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the source performing the required test. (6) The owner or operator of a flexible operation unit shall conduct all required compliance demonstrations during production of the primary product. The owner or operator is not required to conduct compliance demonstrations for operating conditions during production of a product other than the primary product. Except as otherwise provided in this subpart or in subpart G or subpart H of this part, as applicable, the owner or operator shall operate each control device, recovery device, and/or recapture device that is required or used for compliance, and associated monitoring systems, without regard for whether the product that is being produced is the primary product or a different product. Except as otherwise provided in this subpart, subpart G and/or subpart H of this part, as applicable, operation of a control device, recapture device and/or recovery device required or used for compliance such that the daily average of monitored parameter values is outside the parameter range established pursuant to § 63.152(b)(2), or such that the monitoring data show operation inconsistent with the monitoring plan established pursuant to § 63.120(d)(2) or § 63.181(g)(1)(iv), shall constitute a violation of the required operating conditions. (c) Each owner or operator of a source subject to subparts F, G, and H of this part shall keep copies of all applicable reports and records required by subparts F, G, and H of this part for at least 5 years; except that, if subparts G or H require records to be maintained for a time period different than 5 years, those records shall be maintained for the time specified in subpart G or H of this part. If an owner or operator submits copies of reports to the applicable EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of reports. (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. The remaining four and one-half years of records may be retained offsite. Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (2) The owner or operator subject to subparts F, G, and H of this part shall keep the records specified in this paragraph, as well as records specified in subparts G and H. (i) Records of the occurrence and duration of each start-up, shutdown, and malfunction of operation of process equipment or of air pollution control equipment or continuous monitoring systems used to comply with this subpart or subpart G or H of this part during which excess emissions (as defined in § 63.102(a)(4)) occur. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph (c)(2)(i) no longer applies; however, for historical compliance purposes, a copy of these records must be retained and available on-site for at least five years after the date of occurrence. (ii) For each start-up, shutdown, and malfunction during which excess emissions (as defined in § 63.102(a)(4)) occur, records that the procedures specified in the source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. For example, if a start-up, shutdown, and malfunction plan includes procedures for routing a control device to a backup control device ( e.g., (iii) For continuous monitoring systems used to comply with subpart G of this part, records documenting the completion of calibration checks and maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately.inning no later than the compliance dates specified in § 63.100(k)(10), the manufacturer's specifications specified in paragraph (c)(2)(iii) of this section must include a schedule for calibrations, preventative maintenance procedures, a schedule for preventative maintenance, and corrective actions to be taken if a calibration fails. If a continuous monitoring system calibration fails, the continuous monitoring system is considered to be inoperative until the owner or operator takes corrective action and the system passes calibration. The owner or operator must record the nature and cause of instances when the continuous monitoring system is inoperative and the corrective action taken. (3) Records of start-up, shutdown and malfunction and continuous monitoring system calibration and maintenance are not required if they pertain solely to Group 2 emission points, as defined in § 63.101, that are not included in an emissions average. For each source as defined in § 63.101, on and after July 15, 2027, the phrase “start-up, shutdown and malfunction and” in this paragraph (c)(3) no longer applies. (d) Unless required to be submitted electronically via the EPA's CEDRI, all reports required under this subpart and subparts G and H of this part must be sent to the Administrator at the addresses listed in § 63.13, except that requests for permission to use an alternative means of compliance as provided for in § 63.102(b) of this subpart and application for approval of a nominal efficiency as provided for in § 63.150 (i)(1) through (6) must be submitted to the Director of the EPA Office of Air Quality Planning and Standards rather than to the Administrator or delegated authority. (1) Wherever subpart A of this part specifies “postmark” dates, submittals may be sent by methods other than the U.S. Mail ( e.g., (2) If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media. (e) The owner or operator of a chemical manufacturing process unit which meets the criteria of § 63.100(b)(1) and (3), but not the criteria of § 63.100(b)(2), shall comply with the requirements of either paragraph (e)(1) or (2) of this section. (1) Retain information, data, and analysis used to determine that the chemical manufacturing process unit does not use as a reactant or manufacture as a product or co-product any organic hazardous air pollutant. Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (2) When requested by the Administrator, demonstrate that the chemical manufacturing process unit does not use as a reactant or manufacture as a product or co-product any organic hazardous air pollutant. (f) To qualify for the exemption specified in § 63.100(b)(4), the owner or operator shall maintain the documentation of the information required pursuant to § 63.100(b)(4)(i), and documentation of any update of this information requested by the EPA Regional Office, and shall provide the documentation to the EPA Regional Office upon request. The EPA Regional Office will notify the owner or operator, after reviewing such documentation, if the source does not qualify for the exemption specified in § 63.100(b)(4). In such cases, compliance with subpart H shall be required no later than 90 days after expiration of the applicable compliance date in § 63.100(k)(3), but in no event earlier than 90 days after the date of such notification by the EPA Regional Office. Compliance with this subpart and subpart G of this part shall be no later than April 22, 1997, or as otherwise specified in § 63.100(k)(2)(ii), unless an extension has been granted by the EPA Regional Office or permitting authority as provided in § 63.6(i). (g) An owner or operator who elects to use the compliance extension provisions of § 63.100(k)(6)(i) or (ii) shall submit a compliance extension request to the appropriate EPA Regional Office no later than 45 days before the applicable compliance date in § 63.100(k)(3), but in no event is submittal required earlier than May 10, 1995. The request shall contain the information specified in § 63.100(k)(5)(iv) and the reason compliance cannot reasonably be achieved without a process unit shutdown, as defined in 40 CFR 63.101 or without replacement of the compressor or recasting of the distance piece. (h) An owner or operator who elects to use the compliance extension provisions of § 63.100(k)(8) shall submit to the appropriate EPA Regional Office a brief description of the process change, identify the HAP eliminated, and the expected date of cessation of use or production of HAP. The description shall be submitted no later than May 10, 1995, or with the Notice of Compliance Status as required in § 63.182(c), whichever is later. [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 60 FR 18024, Apr. 10, 1995; 62 FR 2733, Jan. 17, 1997; 63 FR 26082, May 12, 1998; 89 FR 43164, May 16, 2024] § 63.104 Heat exchange system requirements. (a) Unless one or more of the conditions specified in paragraphs (a)(1) through (6) or paragraph (l) of this section are met, owners and operators of sources subject to this subpart shall monitor each heat exchange system used to cool process equipment in a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (3), except for chemical manufacturing process units meeting the condition specified in § 63.100(c), according to the provisions in either paragraph (b) or (c) of this section, and if applicable, paragraph (g) of this section. Whenever a leak is detected, the owner or operator shall comply with the requirements in paragraph (d) of this section, and if applicable, paragraphs (h) through (j) of this section. Owners and operators of heat exchange systems in a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (3) must also comply with paragraph (k) of this section. (1) The heat exchange system is operated with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side. (2) There is an intervening cooling fluid, containing less than 5 percent by weight of total hazardous air pollutants listed in table 4 of this subpart, between the process and the cooling water. This intervening fluid serves to isolate the cooling water from the process fluid and the intervening fluid is not sent through a cooling tower or discharged. For purposes of this section, discharge does not include emptying for maintenance purposes. (3) The once-through heat exchange system is subject to a National Pollution Discharge Elimination System (NPDES) permit with an allowable discharge limit of 1 part per million or less above influent concentration or 10 percent or less above influent concentration, whichever is greater. For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), this paragraph (a)(3) no longer applies. (4) Except as specified in paragraph (a)(4)(v) of this section, the once-through heat exchange system is subject to an NPDES permit that: (i) Requires monitoring of a parameter(s) or condition(s) to detect a leak of process fluids into cooling water; (ii) Specifies or includes the normal range of the parameter or condition; (iii) Requires monitoring for the parameters selected as leak indicators no less frequently than monthly for the first six months and quarterly thereafter; and (iv) Requires the owner or operator to report and correct leaks to the cooling water when the parameter or condition exceeds the normal range. (v) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), this paragraph (a)(4) no longer applies. (b) The owner or operator who elects to comply with the requirements of paragraph (a) of this section by monitoring the cooling water for the presence of one or more organic hazardous air pollutants or other representative substances whose presence in cooling water indicates a leak shall comply with the requirements specified in paragraphs (b)(1) through (b)(6) of this section. The cooling water shall be monitored for total hazardous air pollutants, total volatile organic compounds, total organic carbon, one or more speciated HAP compounds, or other representative substances that would indicate the presence of a leak in the heat exchange system. (1) The cooling water shall be monitored monthly for the first 6 months and quarterly thereafter to detect leaks. (2)(i) For recirculating heat exchange systems (cooling tower systems), the monitoring of speciated hazardous air pollutants or total hazardous air pollutants refers to the hazardous air pollutants listed in table 4 of this subpart. (ii) For once-through heat exchange systems, the monitoring of speciated hazardous air pollutants or total hazardous air pollutants refers to the hazardous air pollutants listed in table 9 of subpart G of this part. (3) The concentration of the monitored substance(s) in the cooling water shall be determined using any EPA-approved method listed in part 136 of this chapter as long as the method is sensitive to concentrations as low as 10 parts per million and the same method is used for both entrance and exit samples. Alternative methods may be used upon approval by the Administrator. (4) The samples shall be collected either at the entrance and exit of each heat exchange system or at locations where the cooling water enters and exits each heat exchanger or any combination of heat exchangers. (i) For samples taken at the entrance and exit of recirculating heat exchange systems, the entrance is the point at which the cooling water leaves the cooling tower prior to being returned to the process equipment and the exit is the point at which the cooling water is introduced to the cooling tower after being used to cool the process fluid. (ii) For samples taken at the entrance and exit of once-through heat exchange systems, the entrance is the point at which the cooling water enters and the exit is the point at which the cooling water exits the plant site or chemical manufacturing process units. (iii) For samples taken at the entrance and exit of each heat exchanger or any combination of heat exchangers in chemical manufacturing process units, the entrance is the point at which the cooling water enters the individual heat exchanger or group of heat exchangers and the exit is the point at which the cooling water exits the heat exchanger or group of heat exchangers. (5) A minimum of three sets of samples shall be taken at each entrance and exit as defined in paragraph (b)(4) of this section. The average entrance and exit concentrations shall then be calculated. The concentration shall be corrected for the addition of any makeup water or for any evaporative losses, as applicable. (6) A leak is detected if the exit mean concentration is found to be greater than the entrance mean using a one-sided statistical procedure at the 0.05 level of significance and the amount by which it is greater is at least 1 part per million or 10 percent of the entrance mean, whichever is greater. (c) The owner or operator who elects to comply with the requirement of paragraph (a) of this section by monitoring using a surrogate indicator of heat exchange system leaks shall comply with the requirements specified in paragraphs (c)(1) through (c)(3) of this section. Surrogate indicators that could be used to develop an acceptable monitoring program are ion specific electrode monitoring, pH, conductivity or other representative indicators. (1) The owner or operator shall prepare and implement a monitoring plan that documents the procedures that will be used to detect leaks of process fluids into cooling water. The plan shall require monitoring of one or more surrogate indicators or monitoring of one or more process parameters or other conditions that indicate a leak. Monitoring that is already being conducted for other purposes may be used to satisfy the requirements of this section. The plan shall include the information specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section. (i) A description of the parameter or condition to be monitored and an explanation of how the selected parameter or condition will reliably indicate the presence of a leak. (ii) The parameter level(s) or conditions(s) that shall constitute a leak. This shall be documented by data or calculations showing that the selected levels or conditions will reliably identify leaks. The monitoring must be sufficiently sensitive to determine the range of parameter levels or conditions when the system is not leaking. When the selected parameter level or condition is outside that range, a leak is indicated. (iii) The monitoring frequency which shall be no less frequent than monthly for the first 6 months and quarterly thereafter to detect leaks. (iv) The records that will be maintained to document compliance with the requirements of this section. (2) If a substantial leak is identified by methods other than those described in the monitoring plan and the method(s) specified in the plan could not detect the leak, the owner or operator shall revise the plan and document the basis for the changes. The owner or operator shall complete the revisions to the plan no later than 180 days after discovery of the leak. (3) The owner or operator shall maintain, at all times, the monitoring plan that is currently in use. The current plan shall be maintained on-site, or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. If the monitoring plan is superseded, the owner or operator shall retain the most recent superseded plan at least until 5 years from the date of its creation. The superseded plan shall be retained on-site (or accessible from a central location by computer or other means that provides access within two hours after a request) for at least 6 months after its creation. (d) If a leak is detected according to the criteria of paragraph (b) or (c) of this section, the owner or operator shall comply with the requirements in paragraphs (d)(1) and (d)(2) of this section, except as provided in paragraph (e) of this section. (1) The leak shall be repaired as soon as practical but not later than 45 calendar days after the owner or operator receives results of monitoring tests indicating a leak. The leak shall be repaired unless the owner or operator demonstrates that the results are due to a condition other than a leak. (2) Once the leak has been repaired, the owner or operator shall confirm that the heat exchange system has been repaired within 7 calendar days of the repair or startup, whichever is later. (e) Delay of repair of heat exchange systems for which leaks have been detected is allowed if the equipment is isolated from the process. Delay of repair is also allowed if repair is technically infeasible without a shutdown and any one of the conditions in paragraph (e)(1) or (e)(2) of this section is met. All time periods in paragraphs (e)(1) and (e)(2) of this section shall be determined from the date when the owner or operator determines that delay of repair is necessary. (1) If a shutdown is expected within the next 2 months, a special shutdown before that planned shutdown is not required. (2) If a shutdown is not expected within the next 2 months, the owner or operator may delay repair as provided in paragraph (e)(2)(i) or (e)(2)(ii) of this section. Documentation of a decision to delay repair shall state the reasons repair was delayed and shall specify a schedule for completing the repair as soon as practical. (i) If a shutdown for repair would cause greater emissions than the potential emissions from delaying repair, the owner or operator may delay repair until the next shutdown of the process equipment associated with the leaking heat exchanger. The owner or operator shall document the basis for the determination that a shutdown for repair would cause greater emissions than the emissions likely to result from delaying repair as specified in paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section. (A) The owner or operator shall calculate the potential emissions from the leaking heat exchanger by multiplying the concentration of total hazardous air pollutants listed in table 4 of this subpart in the cooling water from the leaking heat exchanger by the flowrate of the cooling water from the leaking heat exchanger by the expected duration of the delay. The owner or operator may calculate potential emissions using total organic carbon concentration instead of total hazardous air pollutants listed in table 4 of this subpart. (B) The owner or operator shall determine emissions from purging and depressurizing the equipment that will result from the unscheduled shutdown for the repair. (ii) If repair is delayed for reasons other than those specified in paragraph (e)(2)(i) of this section, the owner or operator may delay repair up to a maximum of 120 calendar days. The owner shall demonstrate that the necessary parts or personnel were not available. (f)(1) Required records. (i) Monitoring data required by this section indicating a leak and the date when the leak was detected, and if demonstrated not to be a leak, the basis for that determination; (ii) Records of any leaks detected by procedures subject to paragraph (c)(2) of this section and the date the leak was discovered; (iii) The dates of efforts to repair leaks; and (iv) The method or procedure used to confirm repair of a leak and the date repair was confirmed. (2) Reports. (i) The owner or operator shall report the presence of the leak by identifying the heat exchange system and the date that the leak was detected. (ii) The owner or operator shall report whether or not the leak has been repaired. (iii) The owner or operator shall report the reason(s) for delay of repair. If delay of repair is invoked due to the reasons described in paragraph (e)(2) of this section, documentation of emissions estimates must also be submitted. (iv) If the leak remains unrepaired, the owner or operator shall report the expected date of repair. (v) If the leak is repaired, the owner or operator shall report the date the leak was successfully repaired. (vi) For each heat exchange system subject to paragraph (g) or (l) of this section, the following information must be submitted in each semi-annual periodic report required by § 63.152(c). (A) The number of heat exchange systems at the plant site subject to the monitoring requirements in paragraph (g) or (l) of this section during the reporting period. (B) The number of heat exchange systems subject to the monitoring requirements in paragraph (g) or (l) of this section at the plant site found to be leaking during the reporting period. (C) For each monitoring location where a leak was identified during the reporting period, identification of the monitoring location ( e.g., (D) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with paragraph (g) of this section) or the measured concentration of the monitored substance(s) (if complying with paragraph (l) of this section) measured during re-monitoring to verify repair, and the re-monitoring date ( i.e., (E) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair was completed or is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with paragraph (g) of this section) or the measured concentration of the monitored substance(s) (if complying with paragraph (l) of this section) and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate in pounds of the potential total hydrocarbon emissions or monitored substance(s) emissions over the reporting period associated with the delayed repair. (3) Additional records. (i) Monitoring data required by paragraph (g) or (l) of this section that indicate a leak, the date the leak was detected, or, if applicable, the basis for determining there is no leak. (ii) The dates of efforts to repair leaks. (iii) The method or procedures used to confirm repair of a leak and the date the repair was confirmed. (iv) Documentation of delay of repair as specified in paragraphs (f)(3)(iv)(A) through (f)(3)(iv)(D) of this section. (A) The reason(s) for delaying repair. (B) A schedule for completing the repair as soon as practical. (C) The date and concentration or mass emissions rate of the leak as first identified and the results of all subsequent monitoring events during the delay of repair. (D) An estimate of the potential total hydrocarbon emissions (if monitoring the cooling water for leaks according to paragraph (g)(1) of this section) or monitored substance(s) emissions (if monitoring the cooling water for leaks according to paragraph (l) of this section) from the leaking heat exchange system or heat exchanger for each required delay of repair monitoring interval following the procedures in paragraphs (f)(3)(iv)(D)( 1 4 ( 1 ( 2 1 4 ( 3 ( 4 (g) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), owners and operators must monitor the cooling water for the presence of total strippable hydrocarbons that indicate a leak according to paragraph (g)(1) of this section, and if an owner or operator detects a leak pursuant to the procedures in this paragraph, then the owner or operator must repair it according to paragraphs (h) and (i) of this section, unless repair is delayed according to paragraph (j) of this section. The requirements in this paragraph do not apply to heat exchange systems that have a maximum cooling water flow rate of 10 gallons per minute or less. (1) For each recirculating heat exchange system subject to the requirements of paragraph (g) of this section, owners and operators must collect and analyze a sample from the location(s) described in either paragraph (g)(1)(i) or (ii) of this section. (i) Each cooling tower return line or any representative riser within the cooling tower prior to exposure to air for each heat exchange system. (ii) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). (2) For each once-through heat exchange system, owners and operators must collect and analyze a sample from the location(s) described in paragraph (g)(2)(i) of this section. The owner or operator may also elect to collect and analyze an additional sample from the location(s) described in paragraph (g)(2)(ii) of this section. (i) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). The selected monitoring location may be at a point where discharges from multiple heat exchange systems are combined provided that the combined cooling water flow rate at the monitoring location does not exceed 40,000 gallons per minute. (ii) The inlet water feed line for a once-through heat exchange system prior to any heat exchanger. If multiple heat exchange systems use the same water feed ( i.e., (3) If an owner or operator complies with the total strippable hydrocarbon concentration leak action level as specified in paragraph (g)(4) of this section, then the owner or operator must comply with the requirements in paragraph (g)(3)(i) of this section. If an owner or operator complies with the total hydrocarbon mass emissions rate leak action level as specified in paragraph (g)(4) of this section, then the owner or operator must comply with the requirements in paragraphs (g)(3)(i) and (ii) of this section. (i) Owners and operators must determine the total strippable hydrocarbon concentration (in parts per million by volume (ppmv) as methane) at each monitoring location using the “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14) using a flame ionization detector (FID) analyzer for on-site determination as described in Section 6.1 of the Modified El Paso Method. (ii) Owners and operators must convert the total strippable hydrocarbon concentration (in ppmv as methane) to a total hydrocarbon mass emissions rate (as methane) using the calculations in Section 7.0 of “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14). (4) Except as specified in paragraph (g)(6) of this section, for each heat exchange system, owners and operators must initially monitor monthly for 6-months beginning upon startup and monitor quarterly thereafter using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, the owner or operator may monitor quarterly using a leak action level defined as a total hydrocarbon mass emissions rate from the heat exchange system (as methane) of 0.18 kg/hr. If a leak is detected as specified in paragraph (g)(5) of this section, then owners and operators must monitor monthly until the leak has been repaired according to the requirements in paragraph (h) or (i) of this section. Once the leak has been repaired according to the requirements in paragraph (h) or (i) of this section, quarterly monitoring for the heat exchange system may resume. The monitoring frequencies specified in this paragraph also apply to the inlet water feed line for a once-through heat exchange system, if monitoring of the inlet water feed is elected as provided in paragraph (g)(2)(ii) of this section. (5) A leak is defined as described in paragraph (g)(5)(i) or (ii) of this section, as applicable. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (g)(2)(ii) of this section, a leak is detected if the difference in the measurement value of the sample taken from a location specified in paragraph (g)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (g)(2)(ii) of this section equals or exceeds the leak action level. (ii) For all other heat exchange systems, a leak is detected if a measurement value of the sample taken from a location specified in paragraph (g)(1)(i) or (ii) or (g)(2)(i) of this section equals or exceeds the leak action level. (6) For heat exchange systems in ethylene oxide service, as defined in § 63.101, the monitoring frequency is weekly. (h) If a leak is detected using the methods described in paragraph (g) of this section, owners and operators must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraph (h)(6) or (j) of this section. Repair must include re-monitoring at the monitoring location where the leak was identified according to the method specified in paragraph (g)(3) of this section to verify that the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is below the applicable leak action level. Repair may also include performing the additional monitoring in paragraph (i) of this section to verify that the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is below the applicable leak action level. Actions that can be taken to achieve repair include but are not limited to: (1) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (2) Blocking the leaking tube within the heat exchanger; (3) Changing the pressure so that water flows into the process fluid; (4) Replacing the heat exchanger or heat exchanger bundle; or (5) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (6) For heat exchange systems in ethylene oxide service, as defined in § 63.101, paragraph (j) of this section does not apply, and owners and operators must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 15 days after the sample was collected. Delay of repair of heat exchange systems in ethylene oxide service for which leaks have been detected is allowed if the equipment is isolated from the process such that it is no longer in ethylene oxide service. (i) If an owner or operator detects a leak when monitoring a cooling tower return line under paragraph (g)(1)(i) of this section, then the owner or operator may conduct additional monitoring of each heat exchanger or group of heat exchangers associated with the heat exchange system for which the leak was detected, as provided in paragraph (g)(1)(ii) of this section. If no leaks are detected when monitoring according to the requirements of paragraph (g)(1)(ii) of this section, the heat exchange system is considered to have met the repair requirements through re-monitoring of the heat exchange system, as provided in paragraph (h) of this section. (j) Owners and operators may delay repair when one of the conditions in paragraph (j)(1) or (2) of this section is met and the leak is less than the delay of repair action level specified in paragraph (j)(3) of this section. Owners and operators must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak. (1) If the repair is technically infeasible without a shutdown and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then the owner or operator may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monitoring, the delay of repair action level is exceeded, then owners and operators must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (2) If the necessary equipment, parts, or personnel are not available and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then the owner or operator may delay the repair for a maximum of 120 calendar days. Owners and operators must demonstrate that the necessary equipment, parts, or personnel were not available. If, during subsequent monitoring, the delay of repair action level is exceeded, then owners and operators must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (3) The delay of repair action level is a total strippable hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, the delay of repair action level is a total hydrocarbon mass emissions rate (as methane) of 1.8 kg/hr. The delay of repair action level is assessed as described in paragraph (j)(3)(i) or (ii) of this section, as applicable. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (g)(2)(ii) of this section, the delay of repair action level is exceeded if the difference in the measurement value of the sample taken from a location specified in paragraph (g)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (g)(2)(ii) of this section equals or exceeds the delay of repair action level. (ii) For all other heat exchange systems, the delay of repair action level is exceeded if a measurement value of the sample taken from a location specified in paragraph (g)(1)(i), (1)(ii), or (2)(i) of this section equals or exceeds the delay of repair action level. (k) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), owners and operators must not inject water into or dispose of water through any heat exchange system in a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (3) if the water contains any amount of ethylene oxide, has been in contact with any process stream containing ethylene oxide, or the water is considered wastewater as defined in § 63.101. (l) If 99 percent by weight or more of the organic compounds that could leak into the heat exchange system are water soluble and have a Henry's Law Constant less than 5.0E-6 atmospheres-cubic meters/mol at 25 degrees Celsius, beginning no later than the compliance dates specified in § 63.100(k)(10), owners and operators may monitor the cooling water for leaks according to the requirements in paragraph (b) of this section in lieu of using the Modified El Paso Method. If an owner or operator detects a leak according to paragraph (b) of this section, then the owner or operator must repair it according to paragraph (l)(1) of this section, unless repair is delayed according to paragraph (l)(2) of this section. (1) If a leak is detected using the methods described in paragraph (l) of this section, the owner or operator must repair the leak as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraph (l)(2) of this section. Repair must include re-monitoring at the monitoring location where the leak was identified to verify that the criteria in paragraph (b)(6) of this section is no longer met. Actions that can be taken to achieve repair include but are not limited to: (i) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (ii) Blocking the leaking tube within the heat exchanger; (iii) Changing the pressure so that water flows into the process fluid; (iv) Replacing the heat exchanger or heat exchanger bundle; or (v) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (2) The owner or operator may delay repair when the conditions in paragraph (e) of this section are met. [62 FR 2733, Jan. 17, 1997, as amended at 89 FR 43166, May 16, 2024] § 63.105 Maintenance wastewater requirements. (a) Each owner or operator of a source subject to this subpart shall comply with the requirements of paragraphs (b) through (e) of this section for maintenance wastewaters containing those organic HAP's listed in table 9 of subpart G of this part. (b) The owner or operator shall prepare a description of maintenance procedures for management of wastewaters generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maintenance, and repair (i.e., a maintenance-turnaround) and during periods which are not shutdowns (i.e., routine maintenance). The descriptions shall: (1) Specify the process equipment or maintenance tasks that are anticipated to create wastewater during maintenance activities. (2) Specify the procedures that will be followed to properly manage the wastewater and control organic HAP emissions to the atmosphere; and (3) Specify the procedures to be followed when clearing materials from process equipment. (c) The owner or operator shall modify and update the information required by paragraph (b) of this section as needed following each maintenance procedure based on the actions taken and the wastewaters generated in the preceding maintenance procedure. (d) The owner or operator shall incorporate the procedures described in paragraphs (b) and (c) of this section as part of the startup, shutdown, and malfunction plan required under § 63.6(e)(3). For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (e) The owner or operator shall maintain a record of the information required by paragraphs (b) and (c) of this section as part of the start-up, shutdown, and malfunction plan required under § 63.6(e)(3). For each source as defined in § 63.101, on and after July 15, 2027, the phrase “as part of the start-up, shutdown, and malfunction plan required under § 63.6(e)(3)” in this paragraph no longer applies. [59 FR 19454, Apr. 22, 1994, as amended at 60 FR 63626, Dec. 12, 1995; 71 FR 20456, Apr. 20, 2006; 89 FR 43169, May 16, 2024] § 63.106 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to requirements in §§ 63.100, 63.102, and 63.104. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37344, June 23, 2003] § 63.107 Identification of process vents subject to this subpart. (a) The owner or operator shall use the criteria specified in this § 63.107 to determine whether there are any process vents associated with an air oxidation reactor, distillation unit, or reactor that is in a source subject to this subpart. A process vent is the point of discharge to the atmosphere (or the point of entry into a control device, if any) of a gas stream if the gas stream has the characteristics specified in paragraphs (b) through (h) of this section, or meets the criteria specified in paragraph (i) of this section. (b) Some, or all, of the gas stream originates as a continuous flow from an air oxidation reactor, distillation unit, or reactor during operation of the chemical manufacturing process unit. (c) The discharge to the atmosphere (with or without passing through a control device) meets at least one of the conditions specified in paragraphs (c)(1) through (3) of this section. (1) Is directly from an air oxidation reactor, distillation unit, or reactor; or (2) Is from an air oxidation reactor, distillation unit, or reactor after passing solely (i.e., without passing through any other unit operation for a process purpose) through one or more recovery devices within the chemical manufacturing process unit; or (3) Is from a device recovering only mechanical energy from a gas stream that comes either directly from an air oxidation reactor, distillation unit, or reactor, or from an air oxidation reactor, distillation unit, or reactor after passing solely (i.e., without passing through any other unit operation for a process purpose) through one or more recovery devices within the chemical manufacturing process unit. (d) The gas stream contains greater than 0.005 weight percent total organic HAP at the point of discharge to the atmosphere (or at the point of entry into a control device, if any). (e) The air oxidation reactor, distillation unit, or reactor is part of a chemical manufacturing process unit that meets the criteria of § 63.100(b). (f) The gas stream is in the gas phase from the point of origin at the air oxidation reactor, distillation unit, or reactor to the point of discharge to the atmosphere (or to the point of entry into a control device, if any). (g) The gas stream is discharged to the atmosphere either on-site, off-site, or both. (h) The gas stream is not any of the items identified in paragraphs (h)(1) through (9) of this section. (1) A relief valve discharge. (2) A leak from equipment subject to subpart H of this part. (3) A gas stream going to a fuel gas system as defined in § 63.101. (4) A gas stream exiting a control device used to comply with § 63.113. (5) A gas stream transferred to other processes (on-site or off-site) for reaction or other use in another process (i.e., for chemical value as a product, isolated intermediate, byproduct, or coproduct, or for heat value). (6) A gas stream transferred for fuel value (i.e., net positive heating value), use, reuse, or for sale for fuel value, use, or reuse. (7) A storage vessel vent or transfer operation vent subject to § 63.119 or § 63.126. (8) A vent from a waste management unit subject to §§ 63.132 through 63.137. (9) A gas stream exiting an analyzer. (i) Except as specified in paragraph (j) of this section, the gas stream would meet the characteristics specified in paragraphs (b) through (g) of this section, but, for purposes of avoiding applicability, has been deliberately interrupted, temporarily liquefied, routed through any item of equipment for no process purpose, or disposed of in a flare that does not meet the criteria in § 63.11(b), or an incinerator that does not reduce emissions of organic HAP by 98 percent or to a concentration of 20 parts per million by volume, whichever is less stringent. (j) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the phrase “disposed of in a flare that does not meet the criteria in § 63.11(b)” in paragraph (i) of this section is replaced with “disposed of in a flare that does not meet the criteria in § 63.108”. [66 FR 6928, Jan. 22, 2001, as amended at 89 FR 43169, May 16, 2024] § 63.108 Flare requirements. (a) For any flare that is used to reduce organic HAP emissions from a chemical manufacturing process unit, the owner or operator may elect to comply with the requirements in this section in lieu of the requirements of § 63.11(b) and the requirements referenced therein. The owner or operator may also elect to comply with the requirements in this section pursuant to the overlap provisions provided in § 63.110(j). However, for each source as defined in § 63.101 and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), the provisions specified in paragraphs (a)(1) through (22) of this section no longer apply. Instead, if an owner or operator reduces organic HAP emissions from a chemical manufacturing process unit by venting emissions through a closed-vent system to a steam-assisted, air-assisted, non-assisted, or pressure-assisted multi-point flare, then the owner or operator must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671, including the provisions in tables 12 and 13 to subpart CC of this part, except as specified in paragraphs (b) through (o) of this section. This requirement also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from a chemical manufacturing process unit, as determined on an annual average basis. For purposes of compliance with this paragraph, the following terms are defined in § 63.641: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam. (1) Section 63.107(i) related to criteria in § 63.11(b); (2) Section 63.113(a)(1); (3) Section 63.114(a)(2); (4) Section 63.116(a)(1) through (3); (5) Section 63.117(a)(5)(i) through (iii); (6) Section 63.118(f)(5); (7) The last sentence in § 63.119(e)(1) related to flares; (8) Section 63.120(e)(1) through (6); (9) Section 63.122(c)(2) and (g)(3); (10) Section 63.126(b)(2)(i); (11) Section 63.127(a)(2); (12) Section 63.128(b)(1) through (3); (13) Section 63.129(a)(5)(i) through (iii); (14) Section 63.130(a)(2)(i), (c), and (d)(5); (15) Section 63.139(c)(3) and (d)(3); (16) Section 63.145(j)(1) through (3); (17) Section 63.146(b)(7)(i)(A) through (C); (18) V63.147(d)(1); (19) Section 63.172(d); (20) Section 63.180(e)(1) through (3); (21) Section 63.181(g)(1)(iii); and (22) The phrase “including periods when a flare pilot light system does not have a flame” in § 63.181(g)(2)(i) of subpart H of this part. (b) When determining compliance with the pilot flame requirements specified in § 63.670(b) and (g), substitute “pilot flame or flare flame” for each occurrence of “pilot flame.” (c) When determining compliance with the flare tip velocity and combustion zone operating limits specified in § 63.670(d) and (e), the requirement effectively applies starting with the 15-minute block that includes a full 15 minutes of the flaring event. The owner or operator is required to demonstrate compliance with the velocity and NHVcz requirements starting with the block that contains the fifteenth minute of a flaring event. The owner or operator is not required to demonstrate compliance for the previous 15-minute block in which the event started and contained only a fraction of flow. (d) Instead of complying with § 63.670(o)(2)(i), owners and operators must develop and implement the flare management plan no later than the compliance dates specified in § 63.100(k)(10). (e) Instead of complying with § 63.670(o)(2)(iii), if required to develop a flare management plan and submit it to the Administrator, then owners and operators must also submit all versions of the plan in portable document format (PDF) to the EPA following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Hazardous Organic Chemical Manufacturing Sector Lead. (f) Section 63.670(o)(3)(ii) and all references to it do not apply. Instead, the owner or operator must comply with the maximum flare tip velocity operating limit at all times. (g) Substitute “chemical manufacturing process unit” for each occurrence of “petroleum refinery.” (h) Each occurrence of “refinery” does not apply. (i) If a pressure-assisted multi-point flare is used as a control device, then owners and operators must meet the following conditions: (1) The owner or operator is not required to comply with the flare tip velocity requirements in § 63.670(d) and (k); (2) The NHVcz for pressure-assisted mulit-point flares is 800 Btu/scf; (3) Owners and operators must determine the 15-minute block average NHVvg using only the direct calculation method specified in § 63.670(l)(5)(ii); (4) Instead of complying with § 63.670(b) and (g), if a pressure-assisted multi-point flare uses cross-lighting on a stage of burners rather than having an individual pilot flame on each burner, then owners and operators must operate each stage of the pressure-assisted multi-point flare with a flame present at all times when regulated material is routed to that stage of burners. Each stage of burners that cross-lights in the pressure-assisted multi-point flare must have at least two pilots with at least one continuously lit and capable of igniting all regulated material that is routed to that stage of burners. Each 15-minute block during which there is at least one minute where no pilot flame is present on a stage of burners when regulated material is routed to the flare is a violation of the standard. Violations in different 15-minute blocks from the same event are considered separate violations. The pilot flame(s) on each stage of burners that use cross-lighting must be continuously monitored by a thermocouple or any other equivalent device used to detect the presence of a flame; (5) Unless the owner or operator chooses to conduct a cross-light performance demonstration as specified in this paragraph, owners and operators must ensure that if a stage of burners on the flare uses cross-lighting, that the distance between any two burners in series on that stage is no more than 6 feet when measured from the center of one burner to the next burner. A distance greater than 6 feet between any two burners in series may be used provided the owner or operator conducts a performance demonstration that confirms the pressure-assisted multi-point flare will cross-light a minimum of three burners and the spacing between the burners and location of the pilot flame must be representative of the projected installation. The compliance demonstration must be approved by the permitting authority and a copy of this approval must be maintained onsite. The compliance demonstration report must include: a protocol describing the test methodology used, associated test method QA/QC parameters, the waste gas composition and NHVcz of the gas tested, the velocity of the waste gas tested, the pressure-assisted multi-point flare burner tip pressure, the time, length, and duration of the test, records of whether a successful cross-light was observed over all of the burners and the length of time it took for the burners to cross-light, records of maintaining a stable flame after a successful cross-light and the duration for which this was observed, records of any smoking events during the cross-light, waste gas temperature, meteorological conditions ( e.g., (6) Owners and operators must install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system for each staging valve to ensure that the flare operates within the proper range of conditions as specified by the manufacturer. The pressure monitor must meet the requirements in table 13 to subpart CC of this part. (7) If a pressure-assisted multi-point flare is operating under the requirements of an approved alternative means of emission limitations, owners and operators must either continue to comply with the terms of the alternative means of emission limitations or comply with the provisions in paragraphs (i)(1) through (6) of this section. (j) If an owner or operator chooses to determine compositional analysis for net heating value with a continuous process mass spectrometer, then the owner or operator must comply with the requirements specified in paragraphs (j)(1) through (7) of this section. (1) Owners and operators must meet the requirements in § 63.671(e)(2). The owner or operator may augment the minimum list of calibration gas components found in § 63.671(e)(2) with compounds found during a pre-survey or known to be in the gas through process knowledge. (2) Calibration gas cylinders must be certified to an accuracy of 2 percent and traceable to National Institute of Standards and Technology (NIST) standards. (3) For unknown gas components that have similar analytical mass fragments to calibration compounds, the owner or operator may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, the owner or operator may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's NHVvg. (4) The owner or operator may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane. (5) Owners and operators must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds. (6) Owners and operators must meet applicable requirements in Performance Specification 9 in appendix B to part 60 of this chapter for continuous monitoring system acceptance including, but not limited to, performing an initial multi-point calibration check at three concentrations following the procedure in section 10.1 and performing the periodic calibration requirements listed for gas chromatographs in table 13 to subpart CC of this part, for the process mass spectrometer. The owner or operator may use the alternative sampling line temperature allowed under Net Heating Value by Gas Chromatograph in table 13 to subpart CC of this part. (7) The average instrument calibration error (CE) for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using equation 1 to this paragraph. Equation 1 to Paragraph (j)(7) Where: C m C a (k) If an owner or operator use a gas chromatograph or mass spectrometer for compositional analysis for net heating value, then the owner or operator may choose to use the CE of NHV measured Equation 2 to Paragraph (k) Where: NHV measured NHV a (l) Instead of complying with § 63.670(q), owners and operators must comply with the reporting requirements specified in paragraphs (l)(1) and (2) of this section. (1) The initial notification requirements specified in § 63.152(b)(7). (2) The Periodic Report required by § 63.152(c) must include the items specified in paragraphs (l)(2)(i) through (vi) of this section. (i) Records as specified in paragraph (m)(1) of this section for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame or flare flame is present. Include the start and stop time and date of each 15-minute block. (ii) Visible emission records as specified in paragraph (m)(2)(iv) of this section for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. Indicate the date and start and end times for each period. (iii) The periods specified in paragraph (m)(6) of this section. Indicate the date and start and end times for each period, and the net heating value operating parameter(s) determined following the methods in § 63.670(k) through (n) as applicable. (iv) For flaring events meeting the criteria in § 63.670(o)(3) and paragraph (f) of this section: (A) The start and stop time and date of the flaring event. (B) The length of time in minutes for which emissions were visible from the flare during the event. (C) For steam-assisted, air-assisted, and non-assisted flares, the start date, start time, and duration in minutes for periods of time that the flare tip velocity exceeds the maximum flare tip velocity determined using the methods in § 63.670(d)(2) and the maximum 15-minute block average flare tip velocity in ft/sec recorded during the event. (D) Results of the root cause and corrective actions analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (v) For pressure-assisted multi-point flares, the periods of time when the pressure monitor(s) on the main flare header show the burners operating outside the range of the manufacturer's specifications. Indicate the date and start and end times for each period. (vi) For pressure-assisted multi-point flares, the periods of time when the staging valve position indicator monitoring system indicates a stage should not be in operation and is or when a stage should be in operation and is not. Indicate the date and start and end times for each period. (m) Instead of complying with § 63.670(p), owners and operators must keep the flare monitoring records specified in paragraphs (m)(1) through (14) of this section. (1) Retain records of the output of the monitoring device used to detect the presence of a pilot flame or flare flame as required in § 63.670(b) and the presence of a pilot flame as required in paragraph (i)(4) of this section for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame or flare flame is present when regulated material is routed to a flare for a minimum of 5 years. For a pressure-assisted multi-point flare that uses cross-lighting, retain records of each 15-minute block during which there was at least one minute that no pilot flame is present on each stage when regulated material is routed to a flare for a minimum of 5 years. The owner or operator may reduce the collected minute-by-minute data to a 15-minute block basis with an indication of whether there was at least one minute where no pilot flame or flare flame was present. (2) Retain records of daily visible emissions observations as specified in paragraphs (m)(2)(i) through (iv) of this section, as applicable, for a minimum of 3 years. (i) To determine when visible emissions observations are required, the record must identify all periods when regulated material is vented to the flare. (ii) If visible emissions observations are performed using Method 22 in appendix A-7 to part 60 of this chapter, then the record must identify whether the visible emissions observation was performed, the results of each observation, total duration in minutes of observed visible emissions, and whether it was a 5-minute or 2-hour observation. Record the date and start time of each visible emissions observation. (iii) If a video surveillance camera is used pursuant to § 63.670(h)(2), then the record must include all video surveillance images recorded, with time and date stamps. (iv) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, then the record must include the date and start and end time of the 2-hour period and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible. (3) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i), along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, then retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, then retain records of the 15-minute block average temperature, pressure, and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. (4) The flare vent gas compositions specified to be monitored under § 63.670(j). Retain records of individual component concentrations from each compositional analysis for a minimum of 2 years. If an NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. (5) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n) as applicable. (6) All periods during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) and paragraph (i) of this section when regulated material is being routed to the flare. (7) All periods during which the owner or operator does not perform flare monitoring according to the procedures in § 63.670(g) through (j). (8) For pressure-assisted multi-point flares, if a stage of burners on the flare uses cross-lighting, then a record of any changes made to the distance between burners. (9) For pressure-assisted multi-point flares, all periods when the pressure monitor(s) on the main flare header show burners are operating outside the range of the manufacturer's specifications. Indicate the date and time for each period, the pressure measurement, the stage(s) and number of burners affected, and the range of manufacturer's specifications. (10) For pressure-assisted multi-point flares, all periods when the staging valve position indicator monitoring system indicates a stage of the pressure-assisted multi-point flare should not be in operation and when a stage of the pressure-assisted multi-point flare should be in operation and is not. Indicate the date and time for each period, whether the stage was supposed to be open, but was closed or vice versa, and the stage(s) and number of burners affected. (11) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow. (12) Records when the flow of vent gas exceeds the smokeless capacity of the flare, including start and stop time and dates of the flaring event. (13) Records of the root cause analysis and corrective action analysis conducted as required in § 63.670(o)(3) and paragraph (f) of this section, including an identification of the affected flare, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.670(o)(5)(i). (14) For any corrective action analysis for which implementation of corrective actions are required in § 63.670(o)(5), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (n) The owner or operator may elect to comply with the alternative means of emissions limitation requirements specified in § 63.670(r) in lieu of the requirements in § 63.670(d) through (f), as applicable. However, instead of complying with § 63.670(r)(3)(iii), owners and operators must also submit the alternative means of emissions limitation request to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (C404-02), Attention: Hazardous Organic Chemical Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC 27703. (o) The referenced provisions specified in paragraphs (o)(1) through (4) of this section do not apply when demonstrating compliance with this section. (1) Section 63.670(o)(4)(iv) of subpart CC of this part. (2) The last sentence of § 63.670(o)(6). (3) The phrase “that were not caused by a force majeure (4) The phrase “that were not caused by a force majeure [89 FR 43169, May 16, 2024] § 63.109 Procedures for determining whether process vents, storage vessels, equipment, wastewater, and heat exchange systems are in ethylene oxide service. This section applies beginning no later than the compliance dates specified in § 63.100(k)(11). To determine if process vents, storage vessels, equipment leaks, wastewater, and heat exchange systems are in ethylene oxide service, as defined in § 63.101, owners and operators must comply with the requirements in paragraphs (a) through (e) of this section, as applicable. (a) Except as specified in paragraph (a)(7) of this section, for each Group 1 and Group 2 process vent stream, owners and operators must measure the flow rate and concentration of ethylene oxide of each process vent as specified in paragraphs (a)(1) through (6) of this section. (1) Measurements must be made prior to any dilution of the vent streams. (2) Measurements may be made on the combined vent streams at a chemical manufacturing process unit or for each separate vent stream. (3) The sampling site shall be after the last recovery device (if any recovery devices are present) but prior to the inlet of any control device that is present and prior to release to the atmosphere. Method 1 or 1A of appendix A-1 to part 60 of this chapter, as appropriate, must be used for the selection of the sampling sites. For vents smaller than 0.10 meter in diameter, sample at one point at the center of the duct. (4) The gas volumetric flow rate must be determined using Method 2, 2A, 2C, 2D, 2F, or 2G of appendices A-1 and A-2 to part 60 of this chapter (respectively), as appropriate. (5) Except as specified in paragraph (a)(6) of this section, the concentration of ethylene oxide must be determined using Method 18 of appendix A-6 to part 60 of this chapter, or Method 320 of appendix A to this part. (6) You may elect to use ASTM D6348-12 (Reapproved 2020) (incorporated by reference, § 63.14) in lieu of Method 320 of appendix A to this part as specified in paragraph (a)(5) of this section. To comply with this paragraph, annexes Al through A8 to ASTM D6348-12 (Reapproved 2020) are mandatory; the percent (%) R must be determined for each target analyte using Equation A5.5 of ASTM D6348-12 (Reapproved 2020) Annex A5 (Analyte Spiking Technique); and in order for the test data to be acceptable for a compound, the %R must be 70% ≥ R ≤ 130%. If the %R value does not meet this criterion for a target compound, then the test data is not acceptable for that compound and the test must be repeated for that analyte ( i.e., Equation 1 to Paragraph (a)(6) Reported Results = (Measured Concentration in the Stack × 100)/%R. (7) The requirements specified in paragraphs (a)(1) through (6) of this section for an initial measurement or initial performance test do not apply if the conditions specified in paragraphs (a)(7)(i) through (iv) of this section are met for a previously conducted measurement or performance test. (i) No changes have been made to the process since the time of the measurement or performance test; (ii) The operating conditions and test methods used during measurement or performance test conform to the ethylene oxide related requirements of this subpart; (iii) The control device and process parameter values established during the previously conducted measurement or performance test are used to demonstrate continuous compliance with the ethylene oxide related requirements of this subpart; and (iv) The previously conducted measurement or performance test was completed within the last 60 months. (b) For storage vessels, owners and operators must determine the concentration of ethylene oxide of the fluid stored in the storage vessels by complying with the requirements in paragraph (b)(1) or (2) of this section. (1) The owner or operator must measure concentration of ethylene oxide of the fluid stored in the storage vessel using Method 624.1 of appendix A to 40 CFR part 136, or preparation by Method SW-846-5031 or SW-846-5030B and analysis by Method SW-846-8260D (incorporated by reference, see § 63.14). The owner or operator may not use a preservative in the collected sample; the owner or operator must store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and the owner or operator must analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. If owners and operators collect a sample from a pressure vessel, then the owner or operator must maintain the sample under pressure both during and following sampling. (2) Unless specified by the Administrator, the owner or operator may calculate the concentration of ethylene oxide of the fluid stored in the storage vessels if information specific to the fluid stored is available. Information specific to the fluid stored includes concentration data from safety data sheets. (c) For equipment leaks, owners and operators must comply with the requirements in paragraphs (c)(1) through (4) of this section. (1) Each piece of equipment within a chemical manufacturing process unit that can reasonably be expected to contain equipment in ethylene oxide service is presumed to be in ethylene oxide service unless the owner or operator demonstrates that the piece of equipment is not in ethylene oxide service. For a piece of equipment to be considered not in ethylene oxide service, it must be determined that the percent ethylene oxide content of the process fluid that is contained in or contacts equipment can be reasonably expected to not exceed 0.1 percent by weight on an annual average basis. For purposes of determining the percent ethylene oxide content of the process fluid, owners and operators must use Method 18 of appendix A-6 to part 60 of this chapter, for gaseous process fluid, and Method 624.1 of appendix A to part 136 of this chapter, or preparation by Method SW-846-5031 and analysis by Method SW-846-8260D (both incorporated by reference, see § 63.14) for liquid process fluid. In lieu of preparation by Method SW-846-5031, owners and operators may use Method SW-846-5030B (incorporated by reference, see § 63.14), as long as: the owner or operator does not use a preservative in the collected sample; the owner or operator stores the sample with minimal headspace as cold as possible and at least below 4 degrees C; and the owner or operator analyzes the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. (2) Unless specified by the Administrator, owners and operators may use good engineering judgment rather than the procedures specified in paragraph (c)(1) of this section to determine that the percent ethylene oxide content of the process fluid that is contained in or contacts equipment does not exceed 0.1 percent by weight. (3) Owners and operators may revise a determination for whether a piece of equipment is in ethylene oxide service by following the procedures in paragraph (c)(1) of this section, or by documenting that a change in the process or raw materials no longer causes the equipment to be in ethylene oxide service. (4) Samples used in determining the ethylene oxide content must be representative of the process fluid that is contained in or contacts the equipment. (d) For wastewater, owners and operators must determine the concentration of ethylene oxide of each wastewater stream using Method 624.1 of appendix A to part 136 of this chapter, or preparation by either Method SW-846-5031 or SW-846-5030B and analysis by Method SW-846-8260D (incorporated by reference, see § 63.14). The owner or operator may not use a preservative in the collected sample; the owner or operator must store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and the owner or operator must analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. (e) For heat exchange systems, owners and operators must comply with the requirements in paragraph (e)(1) or (2) of this section. (1) Determine the concentration of ethylene oxide of the process fluid cooled by the heat exchange system using Method 624.1 of appendix A to part 136 of this chapter, or preparation by either Method SW-846-5031 or SW-846-5030B and analysis by Method SW-846-8260D (incorporated by reference, see § 63.14). The owner or operator may not use a preservative in the collected sample; the owner or operator must store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and the owner or operator must analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. soon as possible, but in no case longer than 7 days from the time the sample was collected. (2) Unless specified by the Administrator, owners and operators may use good engineering judgment rather than the procedures specified in paragraph (e)(1) of this section to determine that the percent ethylene oxide content of the process fluid cooled by the heat exchange system does not exceed 0.1 percent by weight. [89 FR 43173, May 16, 2024] Table 1 to Subpart F of Part 63—Synthetic Organic Chemical Manufacturing Industry Chemicals Chemical name a CAS No. b Group Acenaphthene 83329 V Acetal 105577 V Acetaldehyde 75070 II Acetamide 60355 II Acetanilide 103844 II Acetic acid 64197 II Acetic anhydride 108247 II Acetoacetanilide 102012 III Acetone 67641 I Acetone cyanohydrin 75865 V Acetonitrile 75058 I Acetophenone 98862 I Acrolein 107028 IV Acrylamide 79061 I Acrylic acid 79107 IV Acrylonitrile 107131 I Adiponitrile 111693 I Alizarin 72480 V Alkyl anthraquinones 008 V Allyl alcohol 107186 I Allyl chloride 107051 IV Allyl cyanide 109751 IV Aminophenol sulfonic acid 0010 V Aminophenol (p-) 123308 I Aniline 62533 I Aniline hydrochloride 142041 III Anisidine (o-) 90040 II Anthracene 120127 V Anthraquinone 84651 III Azobenzene 103333 I Benzaldehyde 100527 III Benzene 71432 I Benzenedisulfonic acid 98486 I Benzenesulfonic acid 98113 I Benzil 134816 III Benzilic acid 76937 III Benzoic acid 65850 III Benzoin 119539 III Benzonitrile 100470 III Benzophenone 119619 I Benzotrichloride 98077 III Benzoyl chloride 98884 III Benzyl acetate 140114 III Benzyl alcohol 100516 III Benzyl benzoate 120514 III Benzyl chloride 100447 III Benzyl dichloride 98873 III Biphenyl 92524 I Bisphenol A 80057 III Bis(Chloromethyl) Ether 542881 I Bromobenzene 108861 I Bromoform 75252 V Bromonaphthalene 27497514 IV Butadiene (1,3-) 106990 II Butanediol (1,4-) 110634 I Butyl acrylate (n-) 141322 V Butylene glycol (1,3-) 107880 II Butyrolactone 96480 I Caprolactam 105602 II Carbaryl 63252 V Carbazole 86748 V Carbon disulfide 75150 IV Carbon tetrabromide 558134 II Carbon tetrachloride 56235 I Carbon tetrafluoride 75730 II Chloral 75876 II Chloroacetic acid 79118 II Chloroacetophenone (2-) 532274 I Chloroaniline (p-) 106478 II Chlorobenzene 108907 I 2-Chloro-1,3-butadiene (Chloroprene) 126998 II Chlorodifluoroethane 25497294 V Chlorodifluoromethane 75456 I Chloroform 67663 I Chloronaphthalene 25586430 IV Chloronitrobenzene 121733 I (m-). Chloronitrobenzene 88733 I (o-). Chloronitrobenzene 100005 I (p-). Chlorophenol (m-) 108430 II Chlorophenol (o-) 95578 II Chlorophenol (p-) 106489 II Chlorotoluene (m-) 108418 III Chlorotoluene (o-) 95498 III Chlorotoluene (p-) 106434 III Chlorotrifluoromethane 75729 II Chrysene 218019 V Cresol and cresylic acid (m-) 108394 III Cresol and cresylic acid (o-) 95487 III Cresol and cresylic acid (p-) 106445 III Cresols and cresylic acids (mixed) 1319773 III Cumene 98828 I Cumene hydroperoxide 80159 I Cyanoacetic acid 372098 II Cyclohexane 110827 I Cyclohexanol 108930 I Cyclohexanone 108941 I Cyclohexylamine 108918 III Cyclooctadienes 29965977 II Decahydronaphthalene 91178 IV Diacetoxy-2-Butene (1,4-) 0012 V Diaminophenol hydrochloride 137097 V Dibromomethane 74953 V Dichloroaniline (mixed isomers) 27134276 I Dichlorobenzene (p-) 106467 I Dichlorobenzene (m-) 541731 I Dichlorobenzene (o-) 95501 I Dichlorobenzidine 91941 I (3,3′-). Dichlorodifluoromethane 75718 I Dichloroethane (1,2-) (Ethylenedichloride) (EDC) 107062 I Dichloroethyl ether (bis(2-chloroethyl)ether) 111444 I Dichloroethylene (1,2-) 540590 II Dichlorophenol (2,4-) 120832 III Dichloropropene (1,3-) 542756 II Dichlorotetrafluoro- 1320372 V ethane. Dichloro-1-butene (3,4-) 760236 II Dichloro-2-butene (1,4-) 764410 V Diethanolamine (2,2′-Iminodiethanol) 111422 I Diethyl sulfate 64675 II Diethylamine 109897 IV Diethylaniline (2,6-) 579668 V Diethylene glycol 111466 I Diethylene glycol dibutyl ether 112732 I Diethylene glycol diethyl ether 112367 I Diethylene glycol dimethyl ether 111966 I Diethylene glycol monobutyl ether acetate 124174 I Diethylene glycol monobutyl ether 112345 I Diethylene glycol monoethyl ether acetate 112152 I Diethylene glycol monoethyl ether 111900 I Diethylene glycol monohexyl ether 112594 V Diethylene glycol monomethyl ether acetate 629389 V Diethylene glycol monomethyl ether 111773 I Dihydroxybenzoic acid (Resorcylic acid) 27138574 V Dimethylbenzidine 119937 II (3,3′-). Dimethyl ether 115106 IV Dimethylformamide (N,N-) 68122 II Dimethylhydrazine 57147 II (1,1-). Dimethyl sulfate 77781 I Dimethyl terephthalate 120616 II Dimethylamine 124403 IV Dimethylaminoethanol (2-) 108010 I Dimethylaniline (N,N′) 121697 III Dinitrobenzenes (NOS) c 25154545 I Dinitrophenol (2,4-) 51285 III Dinitrotoluene (2,4-) 121142 III Dioxane (1,4-) (1,4-Diethyleneoxide) 1239 11I Dioxolane (1,3-) 646060 I Diphenyl methane 101815 I Diphenyl oxide 101848 I Diphenyl thiourea 102089 III Diphenylamine 122394 III Dipropylene glycol 110985 I Di-o-tolyguanidine 97392 III Dodecanedioic acid 693232 I Dodecyl benzene (branched) 123013 V Dodecyl phenol (branched) 121158585 V Dodecylaniline 28675174 V Dodecylbenzene (n-) 121013 I Dodecylphenol 27193868 III Epichlorohydrin (1-chloro-2,3-epoxypropane) 106898 I Ethanolamine 141435 I Ethyl acrylate 140885 II Ethylbenzene 100414 I Ethyl chloride (Chloroethane) 75003 IV Ethyl chloroacetate 105395 II Ethylamine 75047 V Ethylaniline (N-) 103695 III Ethylaniline (o-) 578541 III Ethylcellulose 9004573 V Ethylcyanoacetate 105566 V Ethylene carbonate 96491 I Ethylene dibromide (Dibromoethane) 106934 I Ethylene glycol 107211 I Ethylene glycol diacetate 111557 I Ethylene glycol dibutyl ether 112481 V Ethylene glycol diethyl ether 629141 I (1,2-diethoxyethane). Ethylene glycol 110714 I dimethyl ether Ethylene glycol monoacetate 542596 V Ethylene glycol monobutyl ether 112072 I acetate. Ethylene glycol monobutyl ether 111762 I Ethylene glycol monoethyl ether 111159 I acetate. Ethylene glycol monoethyl ether 110805 I Ethylene glycol monohexyl ether 112254 V Ethylene glycol monomethyl ether acetate 110496 I Ethylene glycol monomethyl ether 109864 I Ethylene glycol monooctyl ether 002 V Ethylene glycol monophenyl ether 122996 I Ethylene glycol monopropyl ether 2807309 I Ethylene oxide 75218 I Ethylenediamine 107153 II Ethylenediamine tetraacetic acid 60004 V Ethylenimine (Aziridine) 151564 II Ethylhexyl acrylate (2-isomer) 103117 II Fluoranthene 206440 V Formaldehyde 50000 I Formamide 75127 II Formic acid 64186 II Fumaric acid 110178 I Glutaraldehyde 111308 IV Glyceraldehyde 367475 V Glycerol 56815 II Glycine 56406 II Glyoxal 107222 II Hexachlorobenzene 118741 II Hexachlorobutadiene 87683 II Hexachloroethane 67721 II Hexadiene (1,4-) 592450 II Hexamethylene- 100970 I tetramine. Hexane 110543 V Hexanetriol (1,2,6-) 106694 IV Hydroquinone 123319 I Hydroxyadipaldehyde 141311 V Isobutyl acrylate 106638 V Isobutylene 115117 V Isophorone 78591 IV Isophorone nitrile 0017 V Isophthalic acid 121915 III Isopropylphenol 25168063 III Linear alkylbenzene __ d I Maleic anhydride 108316 I Maleic hydrazide 123331 I Malic acid 6915157 I Metanilic acid 121471 I Methacrylic acid 79414 V Methanol 67561 IV Methionine 63683 I Methyl acetate 79209 IV Methyl acrylate 96333 V Methyl bromide (Bromomethane) 74839 IV Methyl chloride (Chloromethane) 74873 IV Methyl ethyl ketone (2-butanone) 78933 V Methyl formate 107313 II Methyl hydrazine 60344 IV Methyl isobutyl carbinol 108112 IV Methyl isobutyl ketone (Hexone) 108101 IV Methyl isocyanate 624839 IV Methyl mercaptan 74931 IV Methyl methacrylate 80626 IV Methyl phenyl carbinol 98851 II Methyl tert-butyl ether 1634044 V Methylamine 74895 IV Methylaniline (N-) 100618 III Methylcyclohexane 108872 III Methylcyclohexanol 25639423 V Methylcyclohexanone 1331222 III Methylene chloride (Dichloromethane) 75092 I Methylene dianiline (4,4′-isomer) 101779 I Methylene diphenyl diisocyanate (4,4′-) (MDI) 101688 III Methylionones (a-) 79696 V Methylpentynol 77758 V Methylstyrene (a-) 98839 I Naphthalene 91203 IV Naphthalene sulfonic acid (a-) 85472 IV Naphthalene sulfonic acid (b-) 120183 IV Naphthol (a-) 90153 IV Naphthol (b-) 135193 IV Naphtholsulfonic acid (1-) 567180 V Naphthylamine sulfonic acid (1,4-) 84866 V Naphthylamine sulfonic acid (2,1-) 81163 V Naphthylamine (1-) 134327 V Naphthylamine (2-) 91598 V Nitroaniline (m-) 99092 II Nitroaniline (o-) 88744 I Nitroanisole (o-) 91236 III Nitroanisole (p-) 100174 III Nitrobenzene 98953 I Nitronaphthalene (1-) 86577 IV Nitrophenol (p-) 100027 III Nitrophenol (o-) 88755 III Nitropropane (2-) 79469 II Nitrotoluene (all isomers) 1321126 III Nitrotoluene (o-) 88722 III Nitrotoluene (m-) 99081 III Nitrotoluene (p-) 99990 III Nitroxylene 25168041 V Nonylbenzene (branched) 1081772 V Nonylphenol 25154523 V Octene-1 111660 I Octylphenol 27193288 III Paraformaldehyde 30525894 I Paraldehyde 123637 II Pentachlorophenol 87865 III Pentaerythritol 115775 I Peracetic acid 79210 II Perchloromethyl mercaptan 594423 IV Phenanthrene 85018 V Phenetidine (p-) 156434 III Phenol 108952 III Phenolphthalein 77098 III Phenolsulfonic acids (all isomers) 1333397 III Phenyl anthranilic acid (all isomers) 91407 III Phenylenediamine (p-) 106503 I Phloroglucinol 108736 III Phosgene 75445 IV Phthalic acid 88993 III Phthalic anhydride 85449 III Phthalimide 85416 III Phthalonitrile 91156 III Picoline (b-) 108996 II Piperazine 110850 I Propiolactone (beta-) 57578 I Propionaldehyde 123386 IV Propionic acid 79094 I Propylene carbonate 108327 V Propylene dichloride (1,2-dichloropropane) 78875 IV Propylene glycol 57556 I Propylene glycol monomethyl ether 107982 I Propylene oxide 75569 I Pyrene 129000 V Pyridine 110861 II p-tert-Butyl toluene 98511 III Quinone 106514 III Resorcinol 108463 I Salicylic acid 69727 III Sodium methoxide 124414 IV Sodium phenate 139026 III Stilbene 588590 III Styrene 100425 I Succinic acid 110156 I Succinonitrile 110612 I Sulfanilic acid 121573 III Sulfolane 126330 II Tartaric acid 526830 I Terephthalic acid 100210 II Tetrabromophthalic anhydride 632791 III Tetrachlorobenzene (1,2,4,5-) 95943 I Tetrachloroethane (1,1,2,2-) 79345 II Tetrachloroethylene (Perchloroethylene) 127184 I Tetrachlorophthalic- 117088 III anhydride. Tetraethyl lead 78002 IV Tetraethylene glycol 112607 I Tetraethylene- 112572 V pentamine. Tetrahydrofuran 109999 I Tetrahydronapthalene 119642 IV Tetrahydrophthalic anhydride 85438 II Tetramethylene- 110601 II diamine. Tetramethylethylenediamine 110189 V Tetramethyllead 75741 V Toluene 108883 I Toluene 2,4 diamine 95807 II Toluene 2,4 diisocyanate 584849 II Toluene diisocyanates (mixture) 26471625 II Toluene sulfonic acids 104154 III Toluenesulfonyl chloride 98599 III Toluidine (o-) 95534 II Trichloroaniline- 634935 III (2,4,6-). Trichlorobenzene (1,2,3-) 87616 V Trichlorobenzene (1,2,4-) 120821 I Trichloroethane 71556 II (1,1,1-) Trichloroethane (1,1,2-) (Vinyl trichloride) 79005 II Trichloroethylene 79016 I Trichlorofluoromethane 75694 I Trichlorophenol 95954 I (2,4,5-). (1,1,2-) Trichloro 76131 I (1,2,2-) trifluoroethane. Triethanolamine 102716 I Triethylamine 121448 IV Triethylene glycol 112276 I Triethylene glycol 112492 I dimethyl ether. Triethylene glycol monoethyl ether 112505 V Triethylene glycol monomethyl ether 112356 I Trimethylamine 75503 IV Trimethylcyclohexanol 933482 IV Trimethylcyclo- 2408379 IV hexanone. Trimethylcyclo- 34216347 V hexylamine. Trimethylolpropane 77996 I Trimethylpentane (2,2,4-) 540841 V Tripropylene glycol 24800440 V Vinyl acetate 108054 II Vinyl chloride (Chloroethylene) 75014 I Vinyl toluene 25013154 III Vinylcyclohexene (4-) 100403 II Vinylidene chloride 75354 II (1,1-dichloroethylene). Vinyl(N-)-pyrrolidone(2-) 88120 V Xanthates 140896 V Xylene sulfonic acid 25321419 III Xylenes (NOS) c 1330207 I Xylene (m-) 108383 I Xylene (o-) 95476 I Xylene (p-) 106423 I Xylenols (Mixed) 1300716 V Xylidene 1300738 III a b c d [59 FR 19454, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 61 FR 31439, June 20, 1996; 63 FR 26082, May 12, 1998] Table 2 to Subpart F of Part 63—Organic Hazardous Air Pollutants Chemical name a b CAS No. c Acenaphthene 83329 Acetaldehyde 75070 Acetamide 60355 Acetonitrile 75058 Acetophenone 98862 Acrolein 107028 Acrylamide 79061 Acrylic acid 79107 Acrylonitrile 107131 Alizarin 72480 Allyl chloride 107051 Aniline 62533 Anisidine (o-) 90040 Anthracene 120127 Anthraquinone 84651 Benzene 71432 Benzotrichloride 98077 Benzyl chloride 100447 Biphenyl 92524 Bis(chloromethyl)ether 542881 Bromoform 75252 Bromonaphthalene 27497514 Butadiene (1,3-) 106990 Carbon disulfide 75150 Carbon tetrachloride 56235 Chloroacetic acid 79118 Chloroacetophenone (2-) 532274 Chlorobenzene 108907 2-Chloro-,1,3-butadiene (Chloroprene) 126998 Chloroform 67663 Chloronaphthalene 25586430 Chrysene 218019 Cresols and cresylic acids (mixed) 1319773 Cresol and cresylic acid (o-) 95487 Cresol and cresylic acid (m-) 108394 Cresol and cresylic acid (p-) 106445 Cumene 98828 Dichlorobenzene (p-) 106467 Dichlorobenzidine (3,3′-) 91941 Dichloroethane (1,2-) (Ethylene dichloride) (EDC) 107062 Dichloroethylether (Bis(2-chloroethyl)ether) 111444 Dichloropropene (1,3-) 542756 Diethanolamine (2,2′-Iminodiethanol) 111422 Dimethylaniline (N,N-) 121697 Diethyl sulfate 64675 Dimethylbenzidine (3,3′-) 119937 Dimethylformamide (N,N-) 68122 Dimethylhydrazine (1,1-) 58147 Dimethylphthalate 131113 Dimethylsulfate 77781 Dinitrophenol (2,4-) 51285 Dinitrotoluene (2,4-) 121142 Dioxane (1,4-) (1,4-Diethyleneoxide) 123911 1,2-Diphenylhydrazine 122667 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106898 Ethyl acrylate 140885 Ethylbenzene 100414 Ethyl chloride (Chloroethane) 75003 Ethylene dibromide (Dibromoethane) 106934 Ethylene glycol 107211 Ethylene oxide 75218 Ethylidene dichloride (1,1-Dichloroethane) 75343 Fluoranthene 206440 Formaldehyde 50000 Glycol ethers d Hexachlorobenzene 118741 Hexachlorobutadiene 87683 Hexachloroethane 67721 Hexane 110543 Hydroquinone 123319 Isophorone 78591 Maleic anhydride 108316 Methanol 67561 Methylbromide (Bromomethane) 74839 Methylchloride (Chloromethane) 74873 Methyl hydrazine 60344 Methyl isobutyl ketone (Hexone) 108101 Methyl isocyanate 624839 Methyl methacrylate 80626 Methyl tert-butyl ether 1634044 Methylene chloride (Dichloromethane) 75092 Methylene diphenyl diisocyanate (4,4′-) (MDI) 101688 Methylenedianiline (4,4′-) 101779 Naphthalene 91203 Naphthalene sulfonic acid (α) 85472 Naphthalene sulfonic acid (β) 120183 Naphthol (α) 90153 Naphthol (β) 135193 Naphtholsulfonic acid (1-) 567180 Naphthylamine sulfonic acid (1,4-) 84866 Naphthylamine sulfonic acid (2,1-) 81163 Naphthylamine (1-) 134327 Naphthylamine (2-) 91598 Nitronaphthalene (1-) 86577 Nitrobenzene 98953 Nitrophenol (p-) 100027 Nitropropane (2-) 79469 Phenanthrene 85018 Phenol 108952 Phenylenediamine (p-) 106503 Phosgene 75445 Phthalic anhydride 85449 Propiolactone (beta-) 57578 Propionaldehyde 123386 Propylene dichloride (1,2-Dichloropropane) 78875 Propylene oxide 75569 Pyrene 129000 Quinone 106514 Styrene 100425 Tetrachloroethane (1,1,2,2-) 79345 Tetrachloroethylene (Perchloroethylene) 127184 Tetrahydronaphthalene 119642 Toluene 108883 Toluene diamine (2,4-) 95807 Toluene diisocyanate (2,4-) 584849 Toluidine (o-) 95534 Trichlorobenzene (1,2,4-) 120821 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 Trichloroethane (1,1,2-) (Vinyl trichloride) 79005 Trichloroethylene 79016 Trichlorophenol (2,4,5-) 95954 Triethylamine 121448 Trimethylpentane (2,2,4-) 540841 Vinyl acetate 108054 Vinyl chloride (Chloroethylene) 75014 Vinylidene chloride (1,1-Dichloroethylene) 75354 Xylenes (NOS) 1330207 Xylene (m-) 108383 Xylene (o-) 95476 Xylene (p-) 106423 a b c d 2 2n n = 1, 2, or 3; R = alkyl or aryl groups; and R″ = R, H or groups which, when removed, yield glycol ethers with the structure: R-(OCH 2 2n Polymers are excluded from the glycol category. [62 FR 2735, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006] Table 3 to Subpart F of Part 63—General Provisions Applicability to Subparts F, G, and H a Reference Applies to subparts F, G, and H Comment 63.1(a)(1) Yes Overlap clarified in § 63.101, § 63.111, § 63.161. 63.1(a)(2) Yes 63.1(a)(3) Yes § 63.110 and § 63.160(b) of subparts G and H identify which standards are overridden. 63.1(a)(4) No Subpart F specifies applicability of each paragraph in subpart A to subparts F, G, and H. 63.1 (a)(5)-(a)(9) No 63.1(a)(10) No Subparts F, G, and H specify calendar or operating day. 63.1(a)(11) No Subpart F § 63.103(d) specifies acceptable methods for submitting reports. a 63.1 (a)(12)-(a)(14) Yes 63.1(b)(1) No Subpart F specifies applicability. 63.1(b)(2) Yes 63.1(b)(3) No 63.1(c)(1) No Subpart F specifies applicability. 63.1(c)(2) No Area sources are not subject to subparts F, G, and H. 63.1(c)(3) No 63.1(c)(4) Yes 63.1(c)(5) No Subparts G and H specify applicable notification requirements. 63.1(c)(6) Yes 63.1(d) No 63.1(e) No Subparts F, G, and H established before permit program. 63.2 Yes Subpart F § 63.101(a) specifies those subpart A definitions that apply to the HON. Subpart F definition of “source” is equivalent to subpart A definition of “affected source.” 63.3 No Units of measure are spelled out in subparts F, G, and H. 63.4 (a)(1)-(a)(3) Yes 63.4(a)(4) No This is a reserved paragraph in subpart A of part 63. 63.4(a)(5) Yes 63.4(b) Yes 63.4(c) Yes 63.5(a)(1) Yes Except the terms “source” and “stationary source” in § 63.5(a)(1) should be interpreted as having the same meaning as “affected source.” 63.5(a)(2) Yes 63.5(b)(1) Yes Except § 63.100(l) defines when construction or reconstruction is subject to standards for new sources. 63.5(b)(2) No This is a reserved paragraph in subpart A of part 63. 63.5(b)(3) Yes 63.5(b)(4) Yes Except the cross reference to § 63.9(b) is limited to § 63.9(b) (4) and (5). Subpart F overrides § 63.9 (b)(1) through (b)(3). 63.5(b)(5) Yes 63.5(b)(6) Yes Except § 63.100(l) defines when construction or reconstruction is subject to standards for new sources. 63.5(c) No This is a reserved paragraph in subpart A of part 63. 63.5(d)(1)(i) No For subpart G, see § 63.151(b) (2)(ii) and (2)(iii) for the applicability and timing of this submittal; for subpart H, see § 63.182(b) (2)(ii) and (b)(2)(iii) for applicability and timing of this submittal. 63.5(d)(1)(ii) Yes Except § 63.5(d)(1)(ii)(H) does not apply. 63.5(d)(1)(iii) No Subpart G requires submittal of the Notification of Compliance Status in § 63.152(b); subpart H specifies requirements in § 63.182(c). 63.5(d)(2) No 63.5(d)(3) Yes—subpart G No—subpart H Except § 63.5(d)(3)(ii) does not apply to subpart G. 63.5(d)(4) Yes 63.5(e) Yes 63.5(f)(1) Yes 63.5(f)(2) Yes Except the cross-reference to § 63.5(d)(1) is changed to § 63.151(b)(2)(ii) of subpart G and to § 63.182(b)(2)(ii) of subpart H. The cross-reference to § 63.5(b)(2) does not apply. 63.6(a) Yes 63.6(b)(1) No Subparts F and H specify compliance dates for sources subject to subparts F, G, and H. 63.6(b)(2) No 63.6(b)(3) Yes 63.6(b)(4) No May apply when standards are proposed under Section 112(f) of the Clean Air Act. 63.6(b)(5) No Subparts G and H include notification requirements. 63.6(b)(6) No 63.6(b)(7) No 63.6(c)(1) No Subpart F specifies the compliance dates for subparts G and H. 63.6(c)(2) No 63.6(c)(3) No 63.6(c)(4) No 63.6(c)(5) Yes 63.6(d) [Reserved] 63.6(e) Yes c Except as otherwise specified for individual paragraphs. Does not apply to Group 2 emission points unless they are included in an emissions average. b c 63.6(e)(1)(i) No This is addressed by § 63.102(a)(4) and (f) of subpart F. 63.6(e)(1)(ii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(1)(iii) Yes 63.6(e)(2) [Reserved] 63.6(e)(3)(i) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(i)(A) No This is addressed by § 63.102(a)(4). 63.6(e)(3)(i)(B) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(i)(C) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(ii) [Reserved] 63.6(e)(3)(iii) No Recordkeeping and reporting are specified in § 63.103(c)(2) of subpart F and § 63.152(d)(1) of subpart G. 63.6(e)(3)(iv) No Recordkeeping and reporting are specified in § 63.103(c)(2) of subpart F and § 63.152(d)(1) of subpart G. 63.6(e)(3)(v) No Records retention requirements are specified in § 63.103(c). 63.6(e)(3)(vi) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(vii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(viii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(e)(3)(ix) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.6(f)(1) No § 63.102(a) and (e) of subpart F specifies when the standards apply. 63.6(f)(2)(i) Yes 63.6(f)(2)(ii) Yes—subpart G No—subpart H § 63.152(c)(2) of subpart G specifies the use of monitoring data in determining compliance with subpart G. 63.6(f)(2)(iii) (A), (B), and (C) Yes 63.6(f)(2)(iii)(D) No 63.6(f)(2)(iv) Yes 63.6(f)(2)(v) Yes 63.6(f)(3) Yes 63.6(g) No Procedures specified in § 63.102(b) of subpart F. 63.6(h) No 63.6(i)(1) Yes 63.6(i)(2) Yes 63.6(i)(3) No For subpart G, § 63.151(a)(6) specifies procedures; for subpart H, § 63.182(a)(6) specifies procedures. 63.6(i)(4)(i)(A) Yes 63.6(i)(4)(i)(B) No Dates are specified in § 63.151(a)(6)(i) of subpart G and § 63.182(a)(6)(i) of subpart H. 63.6(i)(4)(ii) No 63.6(i) (5)-(14) Yes 63.6(i)(15) No 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)(1) No Subparts F, G, and H specify required testing and compliance demonstration procedures. 63.7(a)(2) No For subpart G, test results must be submitted in the Notification of Compliance Status due 150 days after compliance date, as specified in § 63.152(b); for subpart H, all test results subject to reporting are reported in periodic reports. 63.7(a)(3) Yes 63.7(a)(4) Yes 63.7(b) No 63.7(c) No 63.7(d) Yes 63.7(e)(1) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 See § 63.103(b)(3). 63.7(e)(2) Yes 63.7(e)(3) No Subparts F, G, and H specify test methods and procedures. 63.7(e)(4) Yes 63.7(f) Yes 63.7(g) No Performance test reporting specified in § 63.152(b) of subpart G: Not applicable to subpart H because no performance test required by subpart H. 63.7(h)(1) Yes 63.7(h)(2) Yes 63.7(h)(3) No § 63.103(b)(5) of subpart F specifies provisions for requests to waive performance tests. 63.7(h)(4) No 63.7(h)(5) Yes 63.8(a)(1) Yes 63.8(a)(2) No 63.8(a)(3) [Reserved] 63.8(a)(4) Yes, except for flares subject to § 63.108 63.8(b)(1) Yes 63.8(b)(2) No Subparts G and H specify locations to conduct monitoring. 63.8(b)(3) Yes 63.8(c)(1)(i) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.8(c)(1)(ii) No For subpart G, submit as part of periodic report required by § 63.152(c); for subpart H, retain as required by § 63.181(g)(2)(ii). 63.8(c)(1)(iii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 63.8(c)(2) Yes 63.8(c)(3) Yes 63.8(c)(4) No Subpart G specifies monitoring frequency by kind of emission point and control technology used (e.g., § 63.111, § 63.120(d)(2), § 63.143, and § 63.152(f)); subpart H does not require use of continuous monitoring systems. 63.8 (c)(5)-(c)(8) No 63.8(d) No 63.8(e) No 63.8 (f)(1)-(f)(3) Yes 63.8(f)(4)(i) No Timeframe for submitting request specified in § 63.151(f) or (g) of subpart G; not applicable to subpart H because subpart H specifies acceptable alternative methods. 63.8(f)(4)(ii) Yes 63.8(f)(4)(iii) No 63.8(f)(5)(i) Yes 63.8(f)(5)(ii) No 63.8(f)(5)(iii) Yes 63.8(f)(6) No Subparts G and H do not require continuous emission monitoring. 63.8(g) No Data reduction procedures specified in § 63.152(f) and (g) of subpart G; not applicable to subpart H. 63.9(a) Yes 63.9(b)(1) No Specified in § 63.151(b)(2) of subpart G; specified in § 63.182(b) of subpart H. 63.9(b)(2) No Initial Notification provisions are specified in § 63.151(b) of subpart G; in § 63.182(b) of subpart H. 63.9(b)(3) No 63.9(b)(4) Yes Except that the notification in § 63.9(b)(4)(i) shall be submitted at the time specified in § 63.151(b)(2)(ii) of subpart G; in § 63.182(b)(2) of subpart H. 63.9(b)(5) Yes Except that the notification in § 63.9(b)(5) shall be submitted at the time specified in § 63.151(b)(2)(ii) of subpart G; in § 63.182 (b)(2) of subpart H. 63.9(c) Yes 63.9(d) Yes 63.9(e) No 63.9(f) No 63.9(g) No 63.9(h) No § 63.152(b) of subpart G and § 63.182 (c) of subpart H specify Notification of Compliance Status requirements. 63.9(i) Yes 63.9(j) Yes Only as related to change to major source status. 63.9(k) Yes 63.10(a) Yes 63.10(b)(1) No § 63.103(c) of subpart F specifies record retention requirements. 63.10(b)(2) No § 63.103(c) of subpart F specifies required records. 63.10(b)(3) No 63.10(c) No 63.10(d)(1) No 63.10(d)(2) No § 63.152(b) of subpart G specifies performance test reporting; not applicable to subpart H. 63.10(d)(3) No 63.10(d)(4) Yes 63.10(d)(5) Yes, before July 15, 2027. No, beginning on and after July 15, 2027 Except that, before July 15, 2027, reports required by § 63.10(d)(5) shall be submitted at the time specified in § 63.152(d) of subpart G and in § 63.182(d) of subpart H. 63.10(e) No 63.10(f) Yes 63.11-63.15 Yes, except 63.11(b) does not apply to flares subject to § 63.108 a e.g., b c [62 FR 2737, Jan. 17, 1997, as amended at 71 FR 20456, Apr. 20, 2006; 85 FR 73887, Nov. 19, 2020; 89 FR 43174, May 16, 2024] Table 4 to Subpart F of Part 63—Organic Hazardous Air Pollutants Subject to Cooling Tower Monitoring Requirements in § 63.104 Chemical name CAS a Acetaldehyde 75070 Acetonitrile 75058 Acetophenone 98862 Acrolein 107028 Acrylonitrile 107131 Allyl chloride 107051 Aniline 62533 Anisidine (o-) 90040 Benzene 71432 Benzyl chloride 100447 Biphenyl 92524 Bromoform 75252 Butadiene (1,3-) 106990 Carbon disulfide 75150 Carbon tetrachloride 56235 Chloroacetophenone (2-) 532274 Chlorobenzene 108907 2-Chloro-1,3-butadiene (Chloroprene) 126998 Chloroform 67663 Cresol and cresylic acid (o-) 95487 Cresol and cresylic acid (m-) 108394 Cresol and cresylic acid (p-) 106445 Cumene 98828 Dichlorobenzene (p-) 106467 Dichlorobenzidine (3,3″-) 91941 Dichloroethane (1,2-) (Ethylene dichloride) (EDC) 107062 Dichloroethyl ether (Bis(2-chloroethyl)ether) 111444 Dichloropropene (1,3-) 542756 Diethylene glycol diethyl ether 112367 Diethylene glycol dimethyl ether 111966 Diethyl sulfate 64675 Dimethylaniline (N,N-) 121697 Dimethylhydrazine (1,1-) 57147 Dimethyl phthalate 131113 Dimethyl sulfate 77781 Dinitrophenol (2,4-) 51285 Dinitrotoluene (2,4-) 121142 Dioxane (1,4-) (1,4-Diethyleneoxide) 123911 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106898 Ethyl acrylate 140885 Ethylbenzene 100414 Ethyl chloride (Chloroethane) 75003 Ethylene dibromide (Dibromoethane) 106934 Ethylene glycol dimethyl ether 110714 Ethylene glycol monobutyl ether acetate 112072 Ethylene glycol monoethyl ether acetate 111159 Ethylene glycol monoethyl ether 110805 Ethylene glycol monomethyl ether 109864 Ethylene glycol monomethyl ether acetate 110496 Ethylene glycol monopropyl ether 2807309 Ethylene oxide 75218 Ethylidene dichloride (1,1-Dichloroethane) 75343 Formaldehyde 50000 Hexachlorobenzene 118741 Hexachlorobutadiene 87683 Hexachloroethane 67721 Hexane 110543 Isophorone 78591 Methanol 67561 Methyl bromide (Bromomethane) 74839 Methyl chloride (Chloromethane) 74873 Methyl hydrazine 60344 Methyl isobutyl ketone (Hexone) 108101 Methyl methacrylate 80626 Methyl tert-butyl ether 1634044 Methylene chloride (Dichloromethane) 75092 Methylenedianiline (4,4″-) 101779 Naphthalene 91203 Nitrobenzene 98953 Nitropropane (2-) 79469 Phenol 108952 Phenylenediamine (p-) 106503 Phosgene 75445 Propionaldehyde 123386 Propylene dichloride (1,2-Dichloropropane) 78875 Propylene oxide 75569 Quinone 106514 Styrene 100425 Tetrachloroethane (1,1,2,2-) 79345 Tetrachloroethylene (Perchloroethylene) 127184 Toluene 108883 Toluidine (o-) 95534 Trichlorobenzene (1,2,4-) 120821 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 Trichloroethane (1,1,2-) (Vinyl trichloride) 79005 Trichloroethylene 79016 Trichlorophenol (2,4,5-) 95954 Triethylamine 121448 Trimethylpentane (2,2,4-) 540841 Vinyl acetate 108054 Vinyl chloride (chloroethylene) 75014 Vinylidene chloride (1,1-Dichloroethylene) 75354 Xylene (m-) 108383 Xylene (o-) 95476 Xylene (p-) 106423 a [62 FR 2740, Jan. 17, 1997, as amended at 71 FR 76614, Dec. 21, 2006; 89 FR 43175, May 16, 2024] Subpart G—National Emission Standards for Hazardous Air Pollutants From the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater Source: 59 FR 19468, Apr. 22, 1994, unless otherwise noted. § 63.110 Applicability. (a) This subpart applies to all process vents, storage vessels, transfer racks, wastewater streams, and in-process equipment subject to § 63.149 within a source subject to subpart F of this part. (b) Overlap with other regulations for storage vessels. (2) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 storage vessel that is also subject to the provisions of 40 CFR part 61, subpart Y is required to comply only with the provisions of this subpart. (3) Except as specified in paragraph (j) of this section, after the compliance dates specified in § 63.100, a Group 2 storage vessel that is also subject to the provisions of 40 CFR part 61, subpart Y is required to comply only with the provisions of part 61, subpart Y, of this chapter. The recordkeeping and reporting requirements of part 61, subpart Y, will be accepted as compliance with the recordkeeping and reporting requirements of this subpart. (c) Overlap with other regulations for transfer racks. (2) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 2 transfer rack that is also subject to the provisions of 40 CFR part 61, subpart BB is required to comply with the provisions of either paragraph (c)(2)(i) or (c)(2)(ii) of this subpart. (i) Except as provided in paragraph (j) of this section, if the transfer rack is subject to the control requirements specified in § 61.302 of this chapter, then the transfer rack is required to comply with the control requirements of § 61.302. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of part 61, subpart BB, of this chapter or with the testing, monitoring, recordkeeping, and reporting requirements specified in this subpart for Group 1 transfer racks. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) or in an operating permit application or amendment. (ii) If the transfer rack is subject only to reporting and recordkeeping requirements under 40 CFR part 61, subpart BB, then the transfer rack is required to comply only with the reporting and recordkeeping requirements specified in this subpart for Group 2 transfer racks and is exempt from the reporting and recordkeeping requirements in 40 CFR part 61, subpart BB. (d) Overlap with other regulations for process vents. (2) After the compliance dates specified in § 63.100, the owner or operator of a Group 2 process vent that is also subject to the provisions of part 60, subpart III, of this chapter shall determine requirements according to paragraphs (d)(2)(i) and (ii) of this section. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart III, the process vent is required to comply with the provisions in paragraphs (d)(2)(i)(A) through (d)(2)(i)(C) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart III for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart III for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and (C) The control requirements in § 60.612 of 40 CFR part 60, subpart III. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart III or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment. (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart III, the process vent is required to comply only with the provisions specified in paragraphs (d)(2)(ii)(A) through (d)(2)(ii)(D) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart III for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart III for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; (C) If the provisions of both this subpart and 40 CFR part 60, subpart III require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (D) If only the provisions of 40 CFR part 60, subpart III require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart III for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (3) After the compliance dates specified in 63.100, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of part 60, subpart III, of this chapter elects to control the process vent to the levels required in § 63.113(a)(1) or (2) without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d), then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of part 60, subpart III. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (4) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 process vent that is also subject to the provisions of 40 CFR part 60, subpart NNN is required to comply only with the provisions of this subpart. (5) After the compliance dates specified in § 63.100, the owner or operator of a Group 2 process vent that is also subject to the provisions of 40 CFR part 60, subpart NNN shall determine requirements according to paragraphs (d)(5)(i) and (ii) of this section. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart NNN, the process vent is required to comply with the provisions in paragraphs (d)(5)(i)(A) through (d)(5)(i)(C) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and (C) The control requirements in § 60.662 of 40 CFR part 60, subpart NNN. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart NNN or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment. (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart NNN, the process vent is required to comply only with the provisions specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(D) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart NNN for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; (C) If the provisions of both this subpart and 40 CFR part 60, subpart NNN require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (D) If only the provisions of 40 CFR part 60, subpart NNN require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart NNN for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (6) After the compliance dates specified in § 63.100, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of part 60, subpart NNN, of this chapter elects to control the process vent to the levels required in § 63.113(a)(1) or (2) without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d), then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of part 60, subpart NNN. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (7) After the compliance dates specified in § 63.100 of subpart F of this part, a Group 1 process vent that is also subject to the provisions of 40 CFR part 60, subpart RRR is required to comply only with the provisions of this subpart. (8) After the compliance dates specified in § 63.100, the owner or operator of a Group 2 process vent that is also subject to the provisions of part 60, subpart RRR, of this chapter shall determine requirements according to paragraphs (d)(8)(i) and (ii) of this section. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (i) If the Group 2 process vent has a TRE value less than 1 as determined by the procedures in 40 CFR part 60, subpart RRR, the process vent is required to comply with the provisions in paragraphs (d)(8)(i)(A) through (d)(8)(i)(C) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; and (C) The control requirements in § 60.702 of 40 CFR part 60, subpart RRR. The owner or operator may elect to comply with either the associated testing, monitoring, reporting, and recordkeeping requirements of 40 CFR part 60, subpart RRR or with the testing, monitoring, reporting, and recordkeeping requirements specified in this subpart for Group 1 process vents. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment. (ii) If the Group 2 process vent has a TRE value greater than or equal to 1 as determined by the procedures in 40 CFR part 60, subpart RRR, the process vent is required to comply only with the provisions specified in paragraphs (d)(8)(ii)(A) through (d)(8)(ii)(D) of this section. (A) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for applicability determination and the associated recordkeeping and reporting; (B) The provisions in both this subpart and in 40 CFR part 60, subpart RRR for process changes and recalculation of the TRE index value and the associated recordkeeping and reporting; (C) If the provisions of both this subpart and 40 CFR part 60, subpart RRR require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in this subpart for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (D) If only the provisions of 40 CFR part 60, subpart RRR require continuous monitoring of recovery device operating parameters, the process vent is required to comply only with the provisions that are specified in 40 CFR part 60, subpart RRR for continuous monitoring of recovery device operating parameters and the associated testing, reporting, and recordkeeping. (9) After the compliance dates specified in § 63.100, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of part 60, subpart RRR, of this chapter elects to control the process vent to the levels required in § 63.113(a)(1) or (2) without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d), then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of part 60, subpart RRR. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (10) As an alternative to the requirements of paragraphs (d)(2), (d)(3), (d)(5), (d)(6), (d)(8), and/or (d)(9) of this section as applicable, if a chemical manufacturing process unit has equipment subject to the provisions of this subpart and equipment subject to the provisions of 40 CFR part 60, subpart III, NNN, or RRR, the owner or operator may elect to apply this subpart to all such equipment in the chemical manufacturing process unit. If the owner or operator elects this method of compliance, all total organic compounds minus methane and ethane, in such equipment shall be considered for purposes of applicability and compliance with this subpart, as if they were organic hazardous air pollutants. Compliance with the provisions of this subpart, in the manner described in this paragraph, shall be deemed to constitute compliance with 40 CFR part 60, subpart III, NNN, or RRR, as applicable. (e) Overlap with other regulations for wastewater. (i) Comply with the provisions of this subpart; and (ii) For any Group 2 wastewater stream or organic stream whose benzene emissions are subject to control through the use of one or more treatment processes or waste management units under the provisions of 40 CFR part 61, subpart FF on or after December 31, 1992, comply with the requirements of this subpart for Group 1 wastewater streams. (2) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any Group 1 or Group 2 wastewater stream that is also subject to provisions in 40 CFR parts 260 through 272 shall comply with the requirements of either paragraph (e)(2)(i) or (e)(2)(ii) of this section. (i) For each Group 1 or Group 2 wastewater stream, the owner or operator shall comply with the more stringent control requirements (e.g., waste management units, numerical treatment standards, etc.) and the more stringent testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272. The owner or operator shall keep a record of the information used to determine which requirements were the most stringent and shall submit this information if requested by the Administrator; or (ii) The owner or operator shall submit, no later than four months before the applicable compliance date specified in § 63.100 of subpart F of this part, a request for a case-by-case determination of requirements. The request shall include the information specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. (A) Identification of the wastewater streams that are subject to this subpart and to provisions in 40 CFR parts 260 through 272, determination of the Group 1/Group 2 status of those streams, determination of whether or not those streams are listed or exhibit a characteristic as specified in 40 CFR part 261, and determination of whether the waste management unit is subject to permitting under 40 CFR part 270. (B) Identification of the specific control requirements (e.g., waste management units, numerical treatment standards, etc.) and testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272. (f) Overlap with the Vinyl Chloride NESHAP. (2) Except as specified in paragraph (j) of this section, after the compliance dates specified in § 63.100, the owner or operator of any Group 2 process vent that is also subject to the provisions of part 61, subpart F, of this chapter shall comply with the provisions specified in either paragraph (f)(2)(i) or (ii) of this section. (i) If the process vent is already controlled by a combustion device meeting the requirements of 40 CFR part 61, subpart F, then the owner or operator shall comply with either the associated testing, monitoring, reporting, and recordkeeping provisions for Group 1 process vents in this subpart or the testing, monitoring, reporting, and recordkeeping provisions of 40 CFR part 61, subpart F. The owner or operator shall indicate this decision in either the Notification of Compliance Status specified in § 63.152(b) of this subpart or in an operating permit application or amendment. (ii) If the process vent is not already controlled by a combustion device, then the owner or operator shall comply with the provisions of both this subpart and 40 CFR part 61, subpart F. (3) After the compliance dates specified in § 63.100, if an owner or operator of a process vent subject to this subpart that is also subject to the provisions of part 61, subpart F, of this chapter elects to control the process vent to the levels required in § 63.113(a)(1) or (2) without calculating the TRE index value for the vent according to the procedures specified in § 63.115(d), then the owner or operator shall comply with the testing, monitoring, reporting, and recordkeeping provisions of this subpart and shall be exempt from the testing, monitoring, reporting, and recordkeeping provisions of part 61, subpart F. For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (4) Except as specified in paragraph (j) of this section, after the compliance dates specified in § 63.100, the owner or operator of a Group 1 or Group 2 wastewater stream that is also subject to the provisions of 40 CFR part 61, subpart F shall comply with the provisions of either paragraph (f)(4)(i) or (ii) of this section. (i) The owner or operator shall comply with the provisions of both this subpart and 40 CFR part 61, subpart F or (ii) The owner or operator may submit, no later than four months before the applicable compliance date specified in § 63.100 of subpart F of this part, information demonstrating how compliance with 40 CFR Part 61, subpart F, will also ensure compliance with this subpart. The information shall include a description of the testing, monitoring, reporting, and recordkeeping that will be performed. (g) Rules stayed for reconsideration. (h) Overlap with other regulations for monitoring, recordkeeping, or reporting with respect to combustion devices, recovery devices, or recapture devices. (2) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10) of subpart F of this part, paragraph (h)(1) of this section no longer applies. (i) Alternative means of compliance (i) For Group 1 and Group 2 process vents, 40 CFR part 65, subpart D, satisfies the requirements of §§ 63.102, 63.103, 63.112 through 63.118, 63.148, 63.151, and 63.152. (ii) For Group 1 storage vessels, 40 CFR part 65, subpart C, satisfies the requirements of §§ 63.102, 63.103, 63.112, 63.119 through 63.123, 63.148, 63.151, and 63.152. (iii) For Group 1 transfer racks, 40 CFR part 65, subpart E, satisfies the requirements of §§ 63.102, 63.103, 63.112, 63.126 through 63.130, 63.148, 63.151, and 63.152. (iv) For equipment, comply with § 63.160(g). (2) Part 63, subpart A. (j) Overlap with other regulations for flares. (2) Owners and operators of flares that are subject to the flare related requirements of this subpart and flare related requirements of any other regulation in part 60, 61, or 63 of this chapter, may elect to comply with the requirements in § 63.108 in lieu of all flare related requirements in any other regulation in part 60, 61, or 63. [59 FR 19468, Apr. 22, 1994, as amended at 59 FR 53360, Oct. 24, 1994; 60 FR 5321, Jan. 27, 1995; 61 FR 64575, Dec. 5, 1996; 62 FR 2742, Jan. 17, 1997; 65 FR 78284, Dec. 14, 2000; 66 FR 6929, Jan. 22, 2001; 89 FR 43175, May 16, 2024] § 63.111 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart F of this part. [89 FR 43177, May 16, 2024] § 63.112 Emission standard. (a) The owner or operator of an existing source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the following equation: E A 1 2 1 2 1 2 1C 2 where: E A 0.02Σ EPV 1 Σ EPV 2 0.05Σ ES 1 Σ ES 2 0.02Σ ETR 1 Σ ETR 2 Σ EWW 1C 1C Σ EWW 2 The emissions level represented by this equation is dependent on the collection of emission points in the source. The level is not fixed and can change as the emissions from each emission point change or as the number of emission points in the source changes. (b) The owner or operator of a new source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the equation in paragraph (a) of this section. (c) The owner or operator of an existing source shall demonstrate compliance with the emission standard in paragraph (a) of this section by following the procedures specified in paragraph (e) of this section for all emission points, or by following the emissions averaging compliance approach specified in paragraph (f) of this section for some emission points and the procedures specified in paragraph (e) of this section for all other emission points within the source. (d) The owner or operator of a new source shall demonstrate compliance with the emission standard in paragraph (b) of this section only by following the procedures in paragraph (e) of this section. The owner or operator of a new source may not use the emissions averaging compliance approach. (e) The owner or operator of an existing or new source may comply with the process vent provisions in §§ 63.113 through 63.118 of this subpart, the storage vessel provisions in §§ 63.119 through 63.123 of this subpart, the transfer operation provisions in §§ 63.126 through 63.130 of this subpart, the wastewater provisions in §§ 63.131 through 63.147 of this subpart, the leak inspection provisions in § 63.148, and the provisions in § 63.149 of this subpart. (1) The owner or operator using this compliance approach shall also comply with the requirements of § 63.151 and § 63.152 of this subpart, as applicable. (2) The owner or operator using this compliance approach is not required to calculate the annual emission rate specified in paragraph (a) of this section. (3) When emissions of different kinds (e.g., emissions from process vents, transfer operations, storage vessels, process wastewater, and/or in-process equipment subject to § 63.149 of this subpart) are combined, and at least one of the emission streams would be classified as Group 1 in the absence of combination with other emission streams, the owner or operator shall comply with the requirements of either paragraph (e)(3)(i) or paragraph (e)(3)(ii) of this section. (i) Comply with the applicable requirements of this subpart for each kind of emissions in the stream (e.g., the requirements in §§ 63.113 through 63.118 of this subpart G for process vents, and the requirements of §§ 63.126 through 63.130 for transfer operations); or (ii) Comply with the first set of requirements identified in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section which applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as Group 1 in the absence of combination with other emission streams, or the owner chooses to consider that emission stream to be Group 1 for purposes of this paragraph. Compliance with the first applicable set of requirements identified in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section constitutes compliance with all other requirements in paragraphs (e)(3)(ii)(A) through (e)(3)(ii)(E) of this section applicable to other types of emissions in the combined stream. (A) The requirements of this subpart for Group 1 process vents, including applicable monitoring, recordkeeping, and reporting; (B) The requirements of this subpart for Group 1 transfer racks, including applicable monitoring, recordkeeping, and reporting; (C) The requirements of § 63.119(e) for control of emissions from Group 1 storage vessels, including monitoring, recordkeeping, and reporting; (D) The requirements of § 63.139 for control devices used to control emissions from waste management units, including applicable monitoring, recordkeeping, and reporting; or (E) The requirements of § 63.139 for closed vent systems for control of emissions from in-process equipment subject to § 63.149, including applicable monitoring, recordkeeping, and reporting. (f) The owner or operator of an existing source may elect to control some of the emission points within the source to different levels than specified under §§ 63.113 through 63.148 of this subpart by using an emissions averaging compliance approach as long as the overall emissions for the source do not exceed the emission level specified in paragraph (a) of this section. The owner or operator using emissions averaging must meet the requirements in paragraphs (f)(1) and (f)(2) of this section. (1) Calculate emission debits and credits for those emission points involved in the emissions average as specified in § 63.150 of this subpart; and (2) Comply with the requirements of § 63.151 and § 63.152 of this subpart, as applicable. (g) A State may restrict the owner or operator of an existing source to using only the procedures in paragraph (e) of this section to comply with the emission standard in paragraph (a) of this section. (h) Where the provisions of this subpart require a performance test, waiver of that requirement shall be addressed only as provided in § 63.103(b)(5) of subpart F of this part. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2744, Jan. 17, 1997] § 63.113 Process vent provisions—reference control technology. (a) The owner or operator of a Group 1 process vent as defined in this subpart shall comply with the requirements of paragraph (a)(1), (2), (3), or (4) of this section, and paragraph (a)(5) of this section. The owner or operator who transfers a gas stream that has the characteristics specified in § 63.107(b) through (h) or meets the criteria specified in § 63.107(i) to an off-site location or an on-site location not owned or operated by the owner or operator of the source for disposal shall comply with the requirements of paragraph (i) of this section. (1) Reduce emissions of organic HAP using a flare. (i) Except as specified in § 63.108(a), the flare shall comply with the requirements of § 63.11(b). (ii) Halogenated vent streams, as defined in § 63.111, shall not be vented to a flare. (2) Reduce emissions of total organic hazardous air pollutants by 98 weight-percent or to a concentration of 20 parts per million by volume. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, corrected to 3-percent oxygen, and compliance can be determined by measuring either organic hazardous air pollutants or total organic carbon using the procedures in § 63.116. (i) Compliance with paragraph (a)(2) of this section may be achieved by using any combination of combustion, recovery, and/or recapture devices, except that a recovery device may not be used to comply with paragraph (a)(2) of this section by reducing emissions of total organic hazardous air pollutants by 98 weight-percent, except as provided in paragraph (a)(2)(ii) of this section. (ii) An owner or operator may use a recovery device, alone or in combination with one or more combustion or recapture devices, to reduce emissions of total organic hazardous air pollutants by 98 weight-percent if all the conditions of paragraphs (a)(2)(ii)(A) through (a)(2)(ii)(D) of this section are met. (A) The recovery device (and any combustion device or recapture device which operates in combination with the recovery device to reduce emissions of total organic hazardous air pollutants by 98 weight-percent) was installed before the date of proposal of the subpart of this part 63 that makes this subpart G applicable to process vents in the chemical manufacturing process unit. (B) The recovery device that will be used to reduce emissions of total organic hazardous air pollutants by 98 weight-percent is the last recovery device before emission to the atmosphere. (C) The recovery device, alone or in combination with one or more combustion or recapture devices, is capable of reducing emissions of total organic hazardous air pollutants by 98 weight-percent, but is not capable of reliably reducing emissions of total organic hazardous air pollutants to a concentration of 20 parts per million by volume. (D) If the owner or operator disposed of the recovered material, the recovery device would comply with the requirements of this subpart for recapture devices. (3) Except as specified in paragraph (a)(4) of this section, achieve and maintain a TRE index value greater than 1.0 at the outlet of the final recovery device, or prior to release of the vent stream to the atmosphere if no recovery device is present. If the TRE index value is greater than 1.0, the process vent shall comply with the provisions for a Group 2 process vent specified in either paragraph (d) or (e) of this section, whichever is applicable. (4) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the provisions specified in paragraphs (a)(4)(i) through (xv) of this section no longer apply. Instead, an owner or operator of a Group 1 process vent as defined in § 63.101 must comply with the requirements of paragraph (a)(1) or (2) of this section; and an owner or operator of a Group 2 process vent as defined in § 63.101 must comply with the requirements of paragraph (f) or (g) of this section. (i) Paragraphs (a)(3), (d), and (e) of this section; (ii) Section 63.114(b) and (c)(2); (iii) Section 63.115(d), except (d)(2)(v); (iv) The following phrases in § 63.115(e): “TRE index value”, “changes that are within the range on which the original TRE calculation was based”, and “the recalculated TRE index value is less than or equal to 1.0, or less than or equal to 4.0 but greater than 1.0”; (v) The following phrases in § 63.115(f): “TRE index value”, and “regardless of the TRE index value determined at the location specified in § 63.115(a)”; (vi) The last two sentences in § 63.115(f)(2): “If the combined vent stream is a Group 2 process vent as determined by the previous sentence, but one or more of the HON streams, or combinations of HON streams, has a TRE index value greater than 1 but less than or equal to 4, the combined vent stream is a process vent with a TRE index value greater than 1 but less than or equal to 4. In this case, the owner or operator shall monitor the combined vent stream as required by § 63.114(b).”; (vii) The phrase in § 63.117(a): “or the provisions for Group 2 process vents with a TRE index value greater than 1.0 but less than or equal to 4.0 in § 63.113(d)”; (viii) The phrase in § 63.117(a)(3): “TRE determinations or”; (ix) Section 63.117(a)(7) and (b); (x) Section 63.118(b), (c), (d)(3), (e)(3), (h), (i), (j), and (k)(4); (xi) The following phrase in § 63.118(g)(2): “and TRE index value”; (xii) The last sentence in § 63.150(g)(2)(iii)(B)( 2 (xiii) The phrase in § 63.150(m)(2)(i): “and TRE index value”; (xiv) The last sentence in § 63.151(d)(6)(i); and (xv) Table 4 to subpart G of this part. (5) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), an owner or operator of a Group 1 process vent as defined in § 63.101 that contains chlorine, hydrogen chloride, or any other chlorinated compound must reduce emissions of dioxins and furans (toxic equivalency basis) to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen. (b) If a boiler or process heater is used to comply with the percent reduction requirement or concentration limit specified in paragraph (a)(2) of this section, then the vent stream shall be introduced into the flame zone of such a device. (c) Halogenated vent streams from Group 1 process vents that are combusted shall be controlled according to paragraph (c)(1) or (2) of this section. (1) If a combustion device is used to comply with paragraph (a)(2) of this section for a halogenated vent stream, then the gas stream exiting the combustion device shall be conveyed to a halogen reduction device, such as a scrubber, before it is discharged to the atmosphere. (i) Except as provided in paragraph (c)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111 of this subpart, by 99 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilogram per hour. (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111, by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilograms per hour. (2) A halogen reduction device, such as a scrubber or other technique, may be used to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilogram per hour prior to any combustion control device, and thus make the vent stream nonhalogenated; the vent stream must comply with the requirements of paragraph (a)(1) or (2) of this section. (d) Except as specified in paragraph (a)(4) of this section, the owner or operator of a Group 2 process vent having a flow rate greater than or equal to 0.005 standard cubic meter per minute, a HAP concentration greater than or equal to 50 parts per million by volume, and a TRE index value greater than 1.0 but less than or equal to 4.0 shall maintain a TRE index value greater than 1.0 and shall comply with the monitoring of recovery device parameters in § 63.114(b) or (c), the TRE index calculations of § 63.115 of this subpart, and the applicable reporting and recordkeeping provisions of §§ 63.117 and 63.118. Such owner or operator is not subject to any other provisions of §§ 63.114 through 63.118. (e) Except as specified in paragraph (a)(4) of this section, the owner or operator of a Group 2 process vent with a TRE index value greater than 4.0 shall maintain a TRE index value greater than 4.0, comply with the provisions for calculation of a TRE index value in § 63.115 and the reporting and recordkeeping provisions in §§ 63.117(b) and 63.118(c) and (h), and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118. (f) Except as specified in paragraph (l) of this section, the owner or operator of a Group 2 process vent with a flow rate less than 0.005 standard cubic meter per minute shall maintain a flow rate less than 0.005 standard cubic meter per minute; comply with the Group determination procedures in § 63.115 (a), (b), and (e); and the reporting and recordkeeping requirements in §§ 63.117(c), 63.118(d), and 63.118(i); and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118. (g) Except as specified in paragraph (l) of this section, the owner or operator of a Group 2 process vent with a total organic HAP concentration less than 50 parts per million by volume shall maintain a total organic HAP concentration less than 50 parts per million by volume; comply with the Group determination procedures in § 63.115(a), (c), and (e); the reporting and recordkeeping requirements in §§ 63.117(d) and 63.118(e) and (j); and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118. (h) The owner or operator of a process vent complying with paragraph (a)(1) or (2) of this section is not required to perform the group determination described in § 63.115. (i) Off-site control or on-site control not owned or operated by the source. e.g., (i) Comply with the provisions specified in § 63.114(d) for each gas stream prior to transfer. (ii) Notify the transferee that the gas stream contains organic hazardous air pollutants that are to be treated in accordance with the provisions of this subpart. The notice shall be submitted to the transferee initially and whenever there is a change in the required control. (2) The owner or operator may not transfer the gas stream unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat any gas stream transferred under this paragraph (i) and received from a source subject to the requirements of this subpart in accordance with the requirements of either §§ 63.113 through 63.118, or § 63.102(b), or subpart D of this part if alternative emission limitations have been granted the transferor in accordance with those provisions. The certifying entity may revoke the written certification by sending a written statement to EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph (i). Upon expiration of the notice period, the owner or operator may not transfer the gas stream to the transferee. Records retained by the transferee shall be retained in accordance with § 63.103(c). (3) By providing this written certification to EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (i)(2) of this section with respect to any transfer covered by the written certification. Failure to abide by any of those provisions with respect to such transfers may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources. (4) Written certifications and revocation statements to EPA from the transferees of such gas streams shall be signed by a responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in § 63.13. Such written certifications are not transferable by the transferee. (j) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), if the Group 1 or Group 2 process vent contains ethylene oxide such that it is considered to be in ethylene oxide service, as defined in § 63.101, then the owner or operator must comply with the requirements of paragraphs (j)(1) or (2) of this section in addition to all other applicable requirements specified elsewhere in this section. (1) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a flare; or (2) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a control device that reduces ethylene oxide by greater than or equal to 99.9 percent by weight, or to a concentration less than 1 ppmv for each process vent or to less than 5 pounds per year for all combined process vents within the process. If a combustion device is used, the ethylene oxide concentration of 1 ppmv must be corrected to 3 percent oxygen. (k) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), an owner or operator may designate a process vent as a maintenance vent if the vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed, or placed into service. The owner or operator must comply with the applicable requirements in paragraphs (k)(1) through (4) of this section for each maintenance vent. Any vent designated as a maintenance vent is only subject to the maintenance vent provisions in this paragraph (k) and the associated reporting and recordkeeping requirements in § 63.118(f)(9) and (m), respectively. The owner or operator does not need to designate a maintenance vent as a Group 1 or Group 2 process vent nor identify maintenance vents in a Notification of Compliance Status report. (1) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements of § 63.108, as applicable, or using any combination of a non-flare combustion, recovery, and/or recapture device meeting the requirements in paragraph (a)(2) of this section until one of the following conditions, as applicable, is met. (i) The concentration of the vapor in the equipment served by the maintenance vent is less than 10 percent of its lower explosive limit (LEL) and has an outlet concentration less than or equal to 20 ppmv hydrogen halide and halogen HAP. (ii) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (iii) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC). (iv) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (k)(1)(i) through (iii) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (2) Except for maintenance vents complying with the alternative in paragraph (k)(1)(iii) of this section, the owner or operator must determine the concentration or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (3) For maintenance vents complying with the alternative in paragraph (k)(1)(iii) of this section, the owner or operator must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. (4) In addition to complying with the requirements in paragraphs (k)(1) through (3) of this section, for process vents in ethylene oxide service, subject to the requirements of § 63.124 that are designated as maintenance vents, owners and operators may not release more than 1.0 tons of ethylene oxide from all maintenance vents combined per any consecutive 12-month period. The owner or operator must keep monthly records of the quantity in tons of ethylene oxide released from each maintenance vent and include a description of the method used to estimate this quantity. (l) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (f) and (g) of this section no longer apply. Instead, the owner or operator of a Group 2 process vent with a total organic HAP mass flow rate less than 1.0 pound per hour shall maintain a total organic HAP mass flow rate less than 1.0 pound per hour; comply with the Group determination procedures in § 63.115(g); and the reporting and recordkeeping requirements in §§ 63.117(g) and 63.118(n); and is not subject to monitoring or any other provisions of §§ 63.114 through 63.118. [89 FR 43177, May 16, 2024] § 63.114 Process vent provisions—monitoring requirements. (a) Each owner or operator of a process vent that uses a combustion device to comply with the requirements in § 63.113(a)(1), (2), or (5), or that uses a recovery device or recapture device to comply with the requirements in § 63.113(a)(2), shall install monitoring equipment specified in paragraph (a)(1), (2), (3), (4), (5), or (6) of this section, depending on the type of device used. All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used, except as specified in § 63.108(a), the following monitoring equipment is required: A device (including but not limited to a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame. (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, the following monitoring equipment is required: a temperature monitoring device in the firebox equipped with a continuous recorder. This requirement does not apply to gas streams that are introduced with primary fuel or are used as the primary fuel. (4) Where a scrubber is used with an incinerator, boiler, or process heater in the case of halogenated vent streams, the following monitoring equipment is required for the scrubber. (i) A pH monitoring device equipped with a continuous recorder shall be installed to monitor the pH of the scrubber effluent. (ii) A flow meter equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas flow rate shall be determined using one of the procedures specified in paragraphs (a)(4)(ii)(A) through (C) of this section. (A) The owner or operator may determine gas flow rate using the design blower capacity, with appropriate adjustments for pressure drop. (B) If the scrubber is subject to rules in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart specified in § 63.100(k), the owner or operator may determine gas flow rate by the method that had been utilized to comply with those rules. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas flow rate determination plan that documents an appropriate method which will be used to determine the gas flow rate. The plan shall require determination of gas flow rate by a method which will at least provide a value for either a representative or the highest gas flow rate anticipated in the scrubber during representative operating conditions other than startups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas flow rate, and a description of the records that will be maintained to document the determination of gas flow rate. The owner or operator shall maintain the plan as specified in § 63.103(c). For each source as defined in § 63.101, on and after July 15, 2027, the phrase “other than startups, shutdowns, or malfunctions” in this paragraph no longer applies. (5) Where a recovery device or recapture device is used to comply with the requirements of § 63.113(a)(2) or (5), the owner or operator shall utilize the appropriate monitoring device identified in paragraph (a)(5)(i), (ii), (iii), (iv), or (v) of this section. All monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (i) Install either an organic monitoring device equipped with a continuous recorder; (ii) Where an absorber is the final recovery device in the recovery system, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device, each equipped with a continuous recorder shall be used; (iii) Where a condenser is the final recovery device in the recovery system, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder shall be used; (iv) Except as specified in paragraph (a)(5)(v) of this section, where a carbon adsorber is the final recovery device in the recovery system, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle shall be used. (v) Beginning no later than the compliance dates specified in § 63.100(k)(10), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (a)(5)(v)(A) through (C) of this section. (A) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (B) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (a)(5)(v)(C)( 2 (C) Comply with paragraph (a)(5)(v)(C)( 1 2 ( 1 ( 2 (6) Where sorbent injection is used, the following monitoring equipment is required for the sorbent injection system: (i) A sorbent injection rate monitoring device ( e.g., (ii) A flow measurement device equipped with a continuous recorder to monitor the carrier gas flow rate. (b) Except as specified in § 63.113(a)(4), each owner or operator of a process vent with a TRE index value greater than 1.0 as specified under § 63.113(a)(3) or (d) that uses one or more recovery devices shall install either an organic monitoring device equipped with a continuous recorder or the monitoring equipment specified in paragraph (b)(1), (2), or (3) of this section, depending on the type of recovery device used. All monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. Monitoring is not required for process vents with TRE index values greater than 4.0 as specified in § 63.113(e). (1) Where an absorber is the final recovery device in the recovery system, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device, each equipped with a continuous recorder shall be used; (2) Where a condenser is the final recovery device in the recovery system, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder shall be used; (3) Where a carbon adsorber is the final recovery device in the recovery system, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle shall be used. (c) An owner or operator of a process vent may request approval to monitor parameters other than those listed in paragraph (a) or (b) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) or § 63.152(e) of this subpart. Approval shall be requested if the owner or operator: (1) Uses a combustion device other than an incinerator, boiler, process heater, or flare; or (2) Except as specified in § 63.113(a)(4), maintains a TRE greater than 1.0 but less than or equal to 4.0 without a recovery device or with a recovery device other than the recovery devices listed in paragraphs (a) and (b) of this section; or (3) Uses one of the combustion or recovery or recapture devices listed in paragraphs (a) and (b) of this section, but seeks to monitor a parameter other than those specified in paragraphs (a) and (b) of this section. (d) The owner or operator of a process vent shall comply with paragraphs (d)(1) or (2) and (d)(3) of this section for any bypass line between the origin of the gas stream ( i.e., (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert the gas stream to the atmosphere; or (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the non-diverting position and the gas stream is not diverted through the bypass line (3) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission standards in § 63.112) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) The last sentence in paragraph (d) of this section no longer applies. Instead, the exemptions specified in paragraphs (d)(3)(ii)(A) and (B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4) of subpart H of this part, equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (d) of this section. (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in § 60.482-6(a)(2), (b), and (c) of this chapter or follow requirements codified in another regulation that are the same as § 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (d). (e) The owner or operator shall establish a range that indicates proper operation of the control or recovery device for each parameter monitored under paragraphs (a), (b), and (c) of this section based on the results of the most recent performance test. In order to establish the range, the information required in § 63.152(b) shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. The range may be based upon a prior performance test conducted for determining compliance with a regulation promulgated by the EPA, and the owner or operator is not required to conduct an initial performance test under § 63.116, if the prior performance test was conducted using the same methods specified in § 63.116 and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. Subsequent performance tests must be conducted according to § 63.103(b)(1). [89 FR 43179, May 16, 2024] § 63.115 Process vent provisions—methods and procedures for process vent group determination. (a) For purposes of determining vent stream flow rate, total organic HAP or total organic carbon concentration or TRE index value as applicable, as specified under paragraph (b), (c), or (d) of this section, the sampling site shall be after the last recovery device (if any recovery devices are present) but prior to the inlet of any control device that is present and prior to release to the atmosphere. (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling site. (2) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter. (b) Except as specified in paragraph (g) of this section, to demonstrate that a vent stream flow rate is less than 0.005 standard cubic meter per minute in accordance with the Group 2 process vent definition of this subpart, the owner or operator shall measure flow rate by the following procedures: (1) The sampling site shall be selected as specified in paragraph (a) of this section. (2) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. (c) Except as specified in paragraph (g) of this section, each owner or operator seeking to demonstrate that a vent stream has an organic HAP concentration below 50 parts per million by volume in accordance with the Group 2 process vent definition of this subpart shall measure either total organic HAP or TOC concentration using the following procedures: (1) The sampling site shall be selected as specified in paragraph (a) of this section. (2) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be used to measure concentration; alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used. (3) Where Method 18 of 40 CFR part 60, appendix A is used, the following procedures shall be used to calculate parts per million by volume concentration: (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (ii) The concentration of either TOC (minus methane and ethane) or organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section as applicable. (A) The TOC concentration (C TOC where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. (B) The total organic HAP concentration (C HAP (4) Where Method 25A of 40 CFR part 60, appendix A is used, the following procedures shall be used to calculate parts per million by volume TOC concentration: (i) Method 25A of 40 CFR part 60, appendix A, shall be used only if a single organic HAP compound is greater than 50 percent of total organic HAP, by volume, in the vent stream. (ii) The vent stream composition may be determined by either process knowledge, test data collected using an appropriate EPA method, or a method or data validated according to the protocol in Method 301 of appendix A of this part. Examples of information that could constitute process knowledge include calculations based on material balances, process stoichiometry, or previous test results provided the results are still relevant to the current vent stream conditions. (iii) The organic HAP used as the calibration gas for Method 25A of 40 CFR part 60, appendix A shall be the single organic HAP compound present at greater than 50 percent of the total organic HAP by volume. (iv) The span value for Method 25A of 40 CFR part 60, appendix A shall be 50 parts per million by volume. (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (vi) The owner or operator shall demonstrate that the concentration of TOC including methane and ethane measured by Method 25A of 40 CFR part 60, appendix A is below 25 parts per million by volume to be considered a Group 2 vent with an organic HAP concentration below 50 parts per million by volume and to qualify for the low concentration exclusion in § 63.113(g) of this subpart. (d) Except as specified in § 63.113(a)(4), to determine the TRE index value, the owner or operator shall conduct a TRE determination and calculate the TRE index value according to the procedures in paragraph (d)(1) or (2) of this section and the TRE equation in paragraph (d)(3) of this section. (1) Engineering assessment may be used to determine vent stream flow rate, net heating value, TOC emission rate, and total organic HAP emission rate for the representative operating condition expected to yield the lowest TRE index value. (i) If the TRE value calculated using such engineering assessment and the TRE equation in paragraph (d)(3) of this section is greater than 4.0, then the owner or operator is not required to perform the measurements specified in paragraph (d)(2) of this section. (ii) If the TRE value calculated using such engineering assessment and the TRE equation in paragraph (d)(3) of this section is less than or equal to 4.0, then the owner or operator is required to perform the measurements specified in paragraph (d)(2) of this section for group determination or consider the process vent a Group 1 vent and comply with the emission reduction specified in § 63.113(a) of this subpart. (iii) Engineering assessment includes, but is not limited to, the following: (A) Previous test results provided the tests are representative of current operating practices at the process unit. (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (C) Maximum flow rate, TOC emission rate, organic HAP emission rate, or net heating value limit specified or implied within a permit limit applicable to the process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 ( 4 (E) All data, assumptions, and procedures used in the engineering assessment shall be documented. (2) Except as provided in paragraph (d)(1) of this section, vent stream flow rate, net heating value, TOC emission rate, and total organic HAP emission rate shall be measured and calculated according to the procedures in paragraphs (d)(2)(i) through (v) of this section and used as input to the TRE index value calculation in paragraph (d)(3) of this section. (i) The vent stream volumetric flow rate (Q s (ii) The molar composition of the vent stream, which is used to calculate net heating value, shall be determined using the following methods: (A) Method 18 of 40 CFR part 60, appendix A to measure the concentration of each organic compound. (B) American Society for Testing and Materials D1946-77 to measure the concentration of carbon monoxide and hydrogen. (C) Method 4 of 40 CFR part 60, appendix A, to measure the moisture content of the vent stream. (iii) The net heating value of the vent stream shall be calculated using the following equation: where: H T s K l −7 −1 B ws ws C j H j (iv) The emission rate of TOC (minus methane and ethane) (E TOC HAP where: E = Emission rate of TOC (minus methane and ethane) or emission rate of total organic HAP in the sample, kilograms per hour. K 2 −6 −1 C j j M j Q s (v) In order to determine whether a vent stream is halogenated, the mass emission rate of halogen atoms contained in organic compounds shall be calculated. (A) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume, by compound) shall be determined based on the following procedures: ( 1 ( 2 ( 3 ( 4 (B) The following equation shall be used to calculate the mass emission rate of halogen atoms: where: E = mass of halogen atoms, dry basis, kilogram per hour. K 2 −6 −1 C j M ji L ji Q = Flow rate of gas stream, dry standard cubic meters per minute, determined according to paragraph (d)(1) or (d)(2)(i) of this section. j = Halogenated compound j in the gas stream. i = Halogen atom i in compound j of the gas stream. n = Number of halogenated compounds j in the gas stream. m = Number of different halogens i in each compound j of the gas stream. (3) The owner or operator shall calculate the TRE index value of the vent stream using the equations and procedures in this paragraph. (i) The equation for calculating the TRE index for a vent stream controlled by a flare or incinerator is as follows: where: TRE = TRE index value. E HAP Q s H T E TOC a,b,c,d = Coefficients presented in table 1 of this subpart, selected in accordance with paragraphs (d)(3)(ii) and (iii) of this section. (ii) The owner or operator of a nonhalogenated vent stream shall calculate the TRE index value based on the use of a flare, a thermal incinerator with 0 percent heat recovery, and a thermal incinerator with 70 percent heat recovery and shall select the lowest TRE index value. The owner or operator shall use the applicable coefficients in table 1 of this subpart for nonhalogenated vent streams located within existing sources and the applicable coefficients in table 2 of this subpart for nonhalogenated vent streams located within new sources. (iii) The owner or operator of a halogenated vent stream shall calculate the TRE index value based on the use of a thermal incinerator with 0 percent heat recovery, and a scrubber. The owner or operator shall use the applicable coefficients in table 1 of this subpart for halogenated vent streams located within existing sources and the applicable coefficients in table 2 of this subpart for halogenated vent streams located within new sources. (e) Except as specified in § 63.113(a)(4), the owner or operator of a Group 2 process vent shall recalculate the TRE index value, flow, or organic hazardous air pollutants concentration for each process vent, as necessary to determine whether the vent is Group 1 or Group 2, whenever process changes are made that could reasonably be expected to change the vent to a Group 1 vent. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original TRE calculation was based. (1) The TRE index value, flow rate, or organic HAP concentration shall be recalculated based on measurements of vent stream flow rate, TOC, and organic HAP concentrations, and heating values as specified in § 63.115 (a), (b), (c), and (d) of this subpart, as applicable, or on best engineering assessment of the effects of the change. Engineering assessments shall meet the specifications in paragraph (d)(1) of this section. (2) Where the recalculated TRE index value is less than or equal to 1.0, or less than or equal to 4.0 but greater than 1.0, the recalculated flow rate is greater than or equal to 0.005 standard cubic meter per minute, or the recalculated concentration is greater than or equal to 50 parts per million by volume, the owner or operator shall submit a report as specified in § 63.118 (g), (h), (i), or (j) of this subpart and shall comply with the appropriate provisions in § 63.113 of this subpart by the dates specified in § 63.100 of subpart F of this part. (f) Except as specified in § 63.113(a)(4), notwithstanding any other provisions of this subpart, in any case where a process vent includes one or more gas streams that are not from a source subject to this subpart (hereafter called “non-HON streams” for purposes of this paragraph), and one or more gas streams that meet the criteria in § 63.107(b) through (h) or the criteria in § 63.107(i) (hereafter called “HON streams” for purposes of this paragraph), the owner or operator may elect to comply with paragraphs (f)(1) through (3) of this section. (1) The owner or operator may determine the characteristics (flow rate, total organic HAP concentration, and TRE index value) for each HON stream, or combination of HON streams, at a representative point as near as practical to, but before, the point at which it is combined with one or more non-HON streams. (2) If one or more of the HON streams, or combinations of HON streams, has the characteristics (determined at the location specified in paragraph (f)(1) of this section) associated with a Group 1 process vent, the combined vent stream is a Group 1 process vent. Except as specified in paragraph (f)(3) of this section, if none of the HON streams, or combinations of HON streams, when determined at the location specified in paragraph (f)(1) of this section, has the characteristics associated with a Group 1 process vent, the combined vent stream is a Group 2 process vent regardless of the TRE index value determined at the location specified in § 63.115(a). If the combined vent stream is a Group 2 process vent as determined by the previous sentence, but one or more of the HON streams, or combinations of HON streams, has a TRE index value greater than 1 but less than or equal to 4, the combined vent stream is a process vent with a TRE index value greater than 1 but less than or equal to 4. In this case, the owner or operator shall monitor the combined vent stream as required by § 63.114(b). (3) Paragraphs (f)(1) and (2) of this section are not intended to apply instead of any other subpart of this part. If another subpart of this part applies to one or more of the non-HON streams contributing to the combined vent stream, that subpart may impose emission control requirements such as, but not limited to, requiring the combined vent stream to be classified and controlled as a Group 1 process vent. (g) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (b) and (c) of this section no longer apply. Instead, to demonstrate that a vent stream total organic HAP mass flow rate is less than 1.0 pound per hour in accordance with the Group 2 process vent definition of this subpart, the owner or operator must use the following procedures: (1) The sampling site must be selected as specified in paragraph (a) of this section. (2) Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60 of this chapter, respectively, or Method 320 of appendix A to this part must be used to measure concentration. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18 or Method 320, if the target compounds are all known and are all listed in section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (3) Where Method 18 of appendix A-6 to part 60 of this chapter, Method 320 of appendix A to this part, or ASTM D6420-18 is used, the following procedures must be used to calculate the total organic HAP mass flow rate: (i) The minimum sampling time for each run must be 1 hour in which either an integrated sample or four grab samples must be taken. If grab sampling is used, then the samples must be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (ii) The mass rate of total organic HAP for each run must be computed using the following equation: Equation 6 to Paragraph (g)(3)(ii) Where: E HAP K = 1.675 × 10 -7 -1 Q = Flowrate of gas stream, dry standard cubic feet per minute), where standard temperature is 68 °F (20 °C), determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. The flowrate may be based solely on an engineering assessment if measurements cannot be made with EPA reference methods. C j M i j = Individual organic HAP compound in the gas stream. The list of organic HAPs is provided in table 2 of subpart F of this part. n = Number of organic HAP compounds j in the gas stream. (iii) The owner or operator must demonstrate that the emission rate of total organic HAP is less than 1.0 pound per hour for the vent stream to be considered a Group 2 process vent. (4) Where Method 25A of appendix A-7 to part 60 of this chapter is used, the following procedures must be used to calculate parts per million by volume TOC concentration: (i) Method 25A of appendix A-7 to part 60 of this chapter must be used only if a single organic HAP compound is greater than 50 percent of total organic HAP, by volume, in the vent stream. (A) This organic HAP must be used as the calibration gas for Method 25A of appendix A-7 to part 60 of this chapter. (B) Use of Method 25A of appendix A-7 to part 60 of this chapter is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (ii) The span value for Method 25A of appendix A-7 to part 60 of this chapter must be equal to approximately twice the expected concentration of TOC in the gas stream. (iii) The minimum sampling time for each run must be 1 hour. The results must be corrected to a dry basis. You must use Method 4 of appendix A-3 to part 60 of this chapter to convert the Method 25A results to a dry basis. (iv) The mass rate of TOC for each run must be computed using the following equation: Equation 7 to Paragraph (g)(4)(iv) Where: E TOC K = 1.675 × 10 -7 -1 C = Concentration of TOC in the gas stream as measured by Method 25A of appendix A to part 60 of this chapter ppmv dry basis. The concentration may be based solely on an engineering assessment if measurements cannot be made with EPA reference methods. M = Molecular weight of the organic HAP used as the calibration gas, lb/lb-mole. Q = Flowrate of gas stream, dry standard cubic feet per minute), where standard temperature is 68 °F (20 °C), determined using Method 2, 2A, 2C, or 2D of appendix A-1 to part 60 of this chapter, as appropriate. The flowrate may be based solely on an engineering assessment if measurements cannot be made with EPA reference methods. (v) The owner or operator must demonstrate that the emission rate of TOC is less than 1.0 pound per hour for the vent stream to be considered a Group 2 process vent. (5) The requirements specified in paragraphs (g)(1) through (4) of this section for an initial measurement or initial performance test do not apply if the conditions specified in paragraphs (g)(5)(i) through (iv) of this section are met for a previously conducted measurement or performance test. (i) No changes have been made to the process since the time of the measurement or performance test; (ii) The operating conditions and test methods used during measurement or performance test conform to the requirements in paragraphs (g)(1) through (4) of this section; (iii) The control device and process parameter values established during the previously conducted measurement or performance test are used to demonstrate continuous compliance with the related requirements of this subpart, if applicable; and (iv) The previously conducted measurement or performance test was completed within the last 60 months. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 66 FR 6931, Jan. 22, 2001; 89 FR 43181, May 16, 2024] § 63.116 Process vent provisions—performance test methods and procedures to determine compliance. (a) When a flare is used to comply with § 63.113(a)(1), the owner or operator shall comply with paragraphs (a)(1) through (3) of this section except as specified in § 63.108(a). The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6). (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. (b) An owner or operator is not required to conduct a performance test when any control device specified in paragraphs (b)(1) through (b)(5) of this section is used. (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (2) A boiler or process heater into which the gas stream is introduced with the primary fuel or is used as the primary fuel. (3) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same methods specified in this section and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes is not required to conduct an initial performance test. Subsequent performance tests must be conducted according to § 63.103(b)(1). (4) A boiler or process heater burning hazardous waste for which the owner or operator: (i) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 266, subpart H, of this chapter; (ii) Has certified compliance with the interim status requirements of part 266, subpart H, of this chapter; (iii) Meets the requirement specified in paragraph (b)(4)(v) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (iv) Meets the requirement specified in paragraph (b)(4)(v) of this section, complies with subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (v) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4) and each performance test required by § 63.1207(d) must show compliance with the dioxins and furans emission limit specified in § 63.113(a)(5). (5) A hazardous waste incinerator for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of part 264, subpart O, of this chapter; (ii) Has certified compliance with the interim status requirements of part 265, subpart O, of this chapter. (iii) Meets the requirement specified in paragraph (b)(5)(v) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements subpart EEE of this part; or (iv) Meets the requirement specified in paragraph (b)(5)(v) of this section, complies with the requirements subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (v) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4) and each performance test required by § 63.1207(d) must show compliance with the dioxins and furans emission limit specified in § 63.113(a)(5). (c) Except as provided in paragraphs (a) and (b) of this section, an owner or operator using a control device to comply with the organic HAP concentration limit or percent reduction efficiency requirements in § 63.113(a)(2) of this subpart shall conduct performance tests using the procedures in paragraphs (c)(1) through (4) of this section according to the schedule in § 63.103(b)(1) of subpart F of this part. The organic HAP concentration and percent reduction may be measured as either total organic HAP or as TOC minus methane and ethane according to the procedures specified. (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites. (i) For determination of compliance with the 98 percent reduction of total organic HAP requirement of § 63.113(a)(2) of this subpart, sampling sites shall be located at the inlet of the control device as specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section, and at the outlet of the control device. (A) The control device inlet sampling site shall be located after the final product recovery device. (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP or TOC (minus methane and ethane) concentrations in all vent streams and primary and secondary fuels introduced into the boiler or process heater. (ii) For determination of compliance with the 20 parts per million by volume total organic HAP limit in § 63.113(a)(2) of this subpart, the sampling site shall be located at the outlet of the control device. (2) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. (3) To determine compliance with the 20 parts per million by volume total organic HAP limit in § 63.113(a)(2) of this subpart, the owner or operator shall use Method 18 of appendix A-6 to part 60 of this chapter to measure either TOC minus methane and ethane or total organic HAP. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part, may be used. The following procedures shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen: (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (ii) The concentration of either TOC (minus methane or ethane) or total organic HAP shall be calculated according to paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section. (A) The TOC concentration (C TOC where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. (B) The total organic HAP concentration (C HAP (iii) The concentration of TOC or total organic HAP shall be corrected to 3 percent oxygen if a combustion device is the control device. (A) Method 3A of appendix A-2 to part 60 of this chapter or the manual method in ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) shall be used to determine the oxygen concentration (%O2d). The samples shall be taken during the same time that the TOC (minus methane or ethane) or total organic HAP samples are taken. (B) The concentration corrected to 3 percent oxygen (C c Where: C c C m %0 2d (4) To determine compliance with the 98 percent reduction requirement of § 63.113(a)(2), the owner or operator shall use Method 18 of appendix A-6 to part 60 of this chapter; alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A to this part may be used. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The following procedures shall be used to calculate percent reduction efficiency: (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time such as 15 minute intervals during the run. (ii) The mass rate of either TOC (minus methane and ethane) or total organic HAP (E i o (A) The following equations shall be used: where: C ij oj E i o M ij oj Q i o K 2 −6 −1 (B) Where the mass rate of TOC is being calculated, all organic compounds (minus methane and ethane) measured by Method 18 of appendix A-6 to part 60 of this chapter or ASTM D6420-18 (incorporated by reference, see § 63.14) are summed using the equation in paragraph (c)(4)(ii)(A) of this section. (C) Where the mass rate of total organic HAP is being calculated, only the organic HAP species shall be summed using the equation in paragraph (c)(4)(ii)(A) of this section. The list of organic HAP's is provided in table 2 of subpart F of this part. (iii) The percent reduction in TOC (minus methane and ethane) or total organic HAP shall be calculated as follows: where: R = Control efficiency of control device, percent. E i E o (iv) If the vent stream entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total organic HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total organic HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total organic HAP exiting the combustion device, respectively. (d) An owner or operator using a combustion device followed by a scrubber or other halogen reduction device to control halogenated vent streams in compliance with § 63.113(c)(1) shall conduct performance tests to determine compliance with the control efficiency or emission limits for hydrogen halides and halogens according to the schedule in § 63.103(b)(1). (1) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator determining compliance with the less than 0.45 kilogram per hour outlet emission limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to any releases to the atmosphere. (2) Except as provided in paragraph (d)(5) of this section, Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration, in milligrams per dry standard cubic meter, of total hydrogen halides and halogens that may be present in the vent stream. The mass emissions of each hydrogen halide and halogen compound shall be calculated from the measured concentrations and the gas stream flow rate. (3) To determine compliance with the percent removal efficiency, the mass emissions for any hydrogen halides and halogens present at the inlet of the scrubber or other halogen reduction device shall be summed together. The mass emissions of the compounds present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements. (4) To demonstrate compliance with the less than 0.45 kilogram per hour outlet emission limit, the test results must show that the mass emission rate of total hydrogen halides and halogens measured at the outlet of the scrubber or other halogen reduction device is below 0.45 kilogram per hour. (5) The owner or operator may use any other method to demonstrate compliance if the method or data has been validated according to the applicable procedures of Method 301 of appendix A of this part. (e) An owner or operator using a scrubber or other halogen reduction device to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilogram per hour prior to a combustion control device in compliance with § 63.113(c)(2) of this subpart shall determine the halogen atom mass emission rate prior to the combustor according to the procedures in § 63.115(d)(2)(v) of this subpart. (f) To demonstrate compliance with the emission limits and work practice standards specified in § 63.113(j) for process vents in ethylene oxide service, owners and operators must meet the requirements specified in § 63.124. (g) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), an owner or operator using a recapture device to comply with the organic HAP concentration limit or percent reduction efficiency requirements in § 63.113(a)(2) shall conduct a performance test using the same procedures specified in paragraph (c) of this section, except the term “recapture device” is substituted for “control device.” (h) To demonstrate compliance with the dioxins and furans emission limit specified in § 63.113(a)(5), owners and operators must conduct performance tests using the procedures in paragraphs (h)(1) through (6) of this section according to the schedule in § 63.103(b)(1). (1) The performance test must consist of three test runs. Collect at least 3 dry standard cubic meters of gas per test run. (2) Use Method 1 or 1A of appendix A-1 to 40 CFR part 60 to select the sampling sites at the sampling location. The sampling location must be at the outlet of the final control device. (3) Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of appendix A-1 to part 60 of this chapter. (4) Use Method 4 of appendix A-3 to part 60 of this chapter to convert the volumetric flowrate to a dry basis. (5) Measure the concentration of each tetra- through octa-chlorinated dioxin and furan congener emitted using Method 23 of appendix A-7 to part 60 of this chapter. (i) For each dioxin and furan congener, multiply the congener concentration by its corresponding toxic equivalency factor specified in table 38 to this subpart. For determination of toxic equivalency, zero may be used for congeners with a concentration less than the estimated detection limit (EDL). For congeners with estimated maximum pollutant concentration (EMPC) results, if the value is less than the EDL, zero may be used. Otherwise, the EMPC value must be used in the calculation of toxic equivalency. (ii) Sum the products calculated in accordance with paragraph (h)(5)(i) of this section to obtain the total concentration of dioxins and furans emitted in terms of toxic equivalency. (6) The concentration of dioxins and furans shall be corrected to 3 percent oxygen. Use Method 3A of 40 CFR part 60, appendix A, or the manual method in ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) to determine the oxygen concentration (%O2d). The oxygen concentration must be determined concurrently with Method 23 of appendix A-7 to part 60 of this chapter. The concentration corrected to 3 percent oxygen (Cc) shall be computed using the following equation: Where: C c C m %O2d = Concentration of oxygen, dry basis, percent by volume. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2746, Jan. 17, 1997; 64 FR 20191, Apr. 26, 1999; 66 FR 6931, Jan. 22, 2001; 89 FR 43183, May 16, 2024] § 63.117 Process vent provisions—reporting and recordkeeping requirements for group and TRE determinations and performance tests. (a) Except as specified in § 63.113(a)(4), each owner or operator subject to the control provisions for Group 1 process vents in § 63.113(a) or the provisions for Group 2 process vents with a TRE index value greater than 1.0 but less than or equal to 4.0 in § 63.113(d) shall: (1) Keep an up-to-date, readily accessible record of the data specified in paragraphs (a)(4) through (10) of this section, as applicable, and (2) Include the data in paragraphs (a)(4) through (10) of this section in the Notification of Compliance Status report as specified in § 63.152(b) of this subpart. (3) Except as specified in § 63.113(a)(4), if any subsequent TRE determinations or performance tests are conducted after the Notification of Compliance Status has been submitted, report the data in paragraphs (a)(4) through (a)(10) of this section in the next Periodic Report as specified in § 63.152(c). (4) Record and report the following when using a combustion device to achieve a 98 weight percent reduction in organic HAP or an organic HAP concentration of 20 parts per million by volume, as specified in § 63.113(a)(2): (i) The parameter monitoring results for incinerators, catalytic incinerators, boilers or process heaters specified in table 3 of this subpart, and averaged over the same time period of the performance testing. (ii) For an incinerator, the percent reduction of organic HAP or TOC achieved by the incinerator determined as specified in § 63.116(c), or the concentration of organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.116(c) at the outlet of the incinerator on a dry basis corrected to 3 percent oxygen. (iii) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater. (iv) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the vent stream is introduced with combustion air or used as a secondary fuel and is not mixed with the primary fuel, the percent reduction of organic HAP or TOC, or the concentration of organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.116(c) at the outlet of the combustion device on a dry basis corrected to 3 percent oxygen. (5) Except as specified in § 63.108)(a), record and report the following when using a flare to comply with § 63.113(a)(1): (i) Flare design ( i.e., (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.116(a); and (iii) All periods during the compliance determination when the pilot flame is absent. (6) Record and report the following when using a scrubber following a combustion device to control a halogenated vent stream: (i) The percent reduction or scrubber outlet mass emission rate of total hydrogen halides and halogens as specified in § 63.116(d); (ii) The pH of the scrubber effluent; and (iii) The scrubber liquid to gas ratio. (7) Except as specified in § 63.113(a)(4), record and report the following when achieving and maintaining a TRE index value greater than 1.0 but less than 4.0 as specified in § 63.113(a)(3) or (d): (i) The parameter monitoring results for absorbers, condensers, or carbon adsorbers, as specified in table 4 to this subpart, and averaged over the same time period of the measurements of vent stream flow rate and concentration used in the TRE determination (both measured while the vent stream is normally routed and constituted), and (ii) The measurements and calculations performed to determine the TRE index value of the vent stream. (8) Record and report the halogen concentration in the vent stream determined according to the procedures specified in § 63.115(d)(2)(v). (9) When using a recapture device to achieve a 98 weight percent reduction in organic HAP or an organic HAP concentration of 20 parts per million by volume, as specified in § 63.113(a)(2), record and report the parameter monitoring results for absorbers, condensers, or carbon adsorbers, as specified in table 3 of this subpart, and averaged over the same time period of the performance testing. (10) Record and report the following when using a control device, recapture device, or recovery device to meet the dioxins and furans emissions limit. (i) The parameter monitoring results, as specified in table 3 of this subpart, for the applicable device and averaged over the same time period of the performance testing. (ii) The dioxins and furans concentration on a toxic equivalency basis (nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen) determined as specified in § 63.116(h). (b) Except as specified in § 63.113(a)(4), the owner or operator of a Group 2 process vent with a TRE index greater than 4.0 as specified in § 63.113(e), shall maintain records and submit as part of the Notification of Compliance Status specified in § 63.152, measurements, engineering assessments, and calculations performed to determine the TRE index value of the vent stream. Documentation of engineering assessments shall include all data, assumptions, and procedures used for the engineering assessments, as specified in § 63.115(d)(1). (c) Except as specified in paragraph (g) of this section, each owner or operator who elects to demonstrate that a process vent is a Group 2 process vent based on a flow rate less than 0.005 standard cubic meter per minute must submit to the Administrator the flow rate measurement using methods and procedures specified in § 63.115(a) and (b) with the Notification of Compliance Status specified in § 63.152. (d) Except as specified in paragraph (g) of this section, each owner or operator who elects to demonstrate that a process vent is a Group 2 process vent based on organic HAP or TOC concentration less than 50 parts per million by volume must submit to the Administrator an organic HAP or TOC concentration measurement using the methods and procedures specified in § 63.115(a) and (c) with the Notification of Compliance Status specified in § 63.152. (e) If an owner or operator uses a control or recovery device other than those listed in tables 3 and 4 to this subpart or requests approval to monitor a parameter other than those specified in tables 3 and 4 to this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures as required under § 63.151(f) or § 63.152(e). The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (f) For each parameter monitored according to tables 3 or 4 to this subpart or paragraph (e) of this section, the owner or operator shall establish a range for the parameter that indicates proper operation of the control or recovery device. In order to establish the range, the information required in § 63.152(b) shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. (g) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (c) and (d) of this section no longer apply. Instead, each owner or operator demonstrating that a process vent is a Group 2 process vent based on total organic HAP mass flow rate less than 1.0 pound per hour must submit to the Administrator a total organic HAP measurement using the methods and procedures specified in § 63.115(g) with the Notification of Compliance Status specified in § 63.152. [89 FR 43184, May 16, 2024] § 63.118 Process vent provisions—periodic reporting and recordkeeping requirements. (a) Each owner or operator using a control device to comply with § 63.113(a)(1), (2), or (5) shall keep the following records up-to-date and readily accessible: (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.114(a) to this subpart and listed in table 3 to this subpart or specified by the Administrator in accordance with § 63.114(c) and § 63.117(e). For flares, the hourly records and records of pilot flame outages specified in table 3 to this subpart shall be maintained in place of continuous records. (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.152(f). For flares complying with § 63.11(b), records of the times and duration of all periods during which all pilot flames are absent shall be kept rather than daily averages. For flares complying with § 63.108, the owner or operator must comply with the recordkeeping requirements specified therein. (3) Hourly records of whether the flow indicator specified under § 63.114(d)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times and durations of all periods when the gas stream is diverted to the atmosphere or the monitor is not operating. (4) Where a seal mechanism is used to comply with § 63.114(d)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanism has been done, and shall record the duration of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. (5) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (a)(1) through (4) of this section. For each flow event from a bypass line subject to the requirements in § 63.114(d), the owner or operator must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (b) Except as specified in § 63.113(a)(4), each owner or operator using a recovery device or other means to achieve and maintain a TRE index value greater than 1.0 but less than 4.0 as specified in § 63.113(a)(3) or (d) shall keep the following records up-to-date and readily accessible: (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.114(b) to this subpart and listed in table 4 to this subpart or specified by the Administrator in accordance with § 63.114(c) and § 63.114(e) and (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.152(f). If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in table 4 to this subpart shall be kept instead of the daily averages. (c) Except as specified in § 63.113(a)(4), each owner or operator subject to the provisions of this subpart and who elects to demonstrate compliance with the TRE index value greater than 4.0 under § 63.113(e) or greater than 1.0 under § 63.113(a)(3) or (d) shall keep up-to-date, readily accessible records of: (1) Any process changes as defined in § 63.115(e); and (2) Any recalculation of the TRE index value pursuant to § 63.115(e). (d) Except as specified in paragraph (n) of this section, each owner or operator who elects to comply by maintaining a flow rate less than 0.005 standard cubic meter per minute under § 63.113(f), shall keep up-to-date, readily accessible records of: (1) Any process changes as defined in § 63.115(e) that increase the vent stream flow rate, (2) Any recalculation or measurement of the flow rate pursuant to § 63.115(e), and (3) Except as specified in § 63.113(a)(4), if the flow rate increases to 0.005 standard cubic meter per minute or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d). (e) Except as specified in paragraph (n) of this section, each owner or operator who elects to comply by maintaining an organic HAP concentration less than 50 parts per million by volume organic HAP concentration under § 63.113(g) shall keep up-to-date, readily accessible records of: (1) Any process changes as defined in § 63.115(e) that increase the organic HAP concentration of the vent stream, (2) Any recalculation or measurement of the concentration pursuant to § 63.115(e), and (3) Except as specified in § 63.113(a)(4), if the organic HAP concentration increases to 50 parts per million by volume or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d). (f) Each owner or operator who elects to comply with the requirements of § 63.113 of this subpart shall submit to the Administrator Periodic Reports of the following recorded information according to the schedule in § 63.152. (1) Reports of daily average values of monitored parameters for all operating days when the daily average values recorded under paragraphs (a) and (b) of this section were outside the ranges established in the Notification of Compliance Status or operating permit, including the date that the parameter was outside the range. (2) For Group 1 points, reports of the duration (in hours) of periods when monitoring data is not collected for each excursion caused by insufficient monitoring data as defined in § 63.152(c)(2)(ii)(A), including the start date of such periods. (3) Reports of the times and durations of all periods recorded under paragraph (a)(3) of this section when the gas stream is diverted to the atmosphere through a bypass line and if applicable, the information in paragraph (f)(7) of this section. Include the start date, start time and duration in hours of each period. (4) Reports of all periods recorded under paragraph (a)(4) of this section in which the seal mechanism is broken, the bypass line valve position has changed, or the key to unlock the bypass line valve was checked out and if applicable, the information in paragraph (f)(7) of this section. Include the start date, start time and duration in hours of each period. (5) Except as specified in paragraph (a) of § 63.108, reports of the times and durations of all periods recorded under paragraph (a)(2) of this section in which all pilot flames of a flare were absent. (6) Reports of all carbon bed regeneration cycles during which the parameters recorded under paragraph (b)(2)(v) of this section were outside the ranges established in the Notification of Compliance Status or operating permit. Include the identification of the carbon bed, the monitored parameter that was outside the established range, and the start date, start time and duration in hours of the regeneration cycle. (7) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (f)(3) and (4) of this section. For bypass lines subject to the requirements in § 63.114(d), the Periodic Report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (8) For process vents in ethylene oxide service subject to the requirements of § 63.124, the Periodic Report must include the records for periods specified in paragraph (l)(2) of this section. Indicate the start date and time and end date and time for each period. (9) For any maintenance vent release exceeding the applicable limits in § 63.113(k)(1), the compliance report must include the information specified in paragraphs (f)(9)(i) through (iv) of this section. For the purposes of this reporting requirement, if an owner or operator complies with § 63.113(k)(1)(iv) then the owner or operator must report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required. (i) Identification of the maintenance vent and the equipment served by the maintenance vent. (ii) The date and time the maintenance vent was opened to the atmosphere. (iii) The LEL in percent, vessel pressure in psig, or mass in pounds of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in § 63.113(k)(1)(ii) was used and active purging was initiated while the concentration of the vapor was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (iv) An estimate of the mass in pounds of organic HAP released during the entire atmospheric venting event. (g) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent to become a Group 1 process vent, the owner or operator shall submit a report within 180 calendar days after the process change as specified in § 63.151(j). The report shall include: (1) A description of the process change; (2) Except as specified in § 63.113(a)(4), the results of the recalculation of the flow rate, organic HAP concentration, and TRE index value required under § 63.115(e) and recorded under paragraph (c), (d), or (e) of this section; and (3) A statement that the owner or operator will comply with the provisions of § 63.113 for Group 1 process vents by the dates specified in subpart F of this part. (h) Except as specified in § 63.113(a)(4), whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with a TRE greater than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include: (1) A description of the process change, (2) The results of the recalculation of the TRE index value required under § 63.115(e) and recorded under paragraph (c) of this section, and (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d). (i) Except as specified in § 63.113(a)(4), whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with a flow rate less than 0.005 standard cubic meter per minute to become a Group 2 process vent with a flow rate of 0.005 standard cubic meter per minute or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include: (1) A description of the process change, (2) The results of the recalculation of the flow rate and the TRE determination required under § 63.115(e) and recorded under paragraph (d) of this section, and (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d). (j) Except as specified in § 63.113(a)(4), whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with an organic HAP concentration less than 50 parts per million by volume to become a Group 2 process vent with an organic HAP concentration of 50 parts per million by volume or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next periodic report. The report shall include: (1) A description of the process change, (2) The results of the recalculation of the organic HAP concentration and the TRE determination required under § 63.115(e) and recorded under paragraph (e) of this section, and (3) A statement that the owner or operator will comply with the requirements specified in § 63.113(d). (k) The owner or operator is not required to submit a report of a process change if one of the conditions listed in paragraph (k)(1), (2), (3), or (4) of this section is met. (1) The process change does not meet the definition of a process change in § 63.115(e), or (2) The vent stream flow rate is recalculated according to § 63.115(e) and the recalculated value is less than 0.005 standard cubic meter per minute, or (3) The organic HAP concentration of the vent stream is recalculated according to § 63.115(e) and the recalculated value is less than 50 parts per million by volume, or (4) Except as specified in § 63.113(a)(4), the TRE index value is recalculated according to § 63.115(e) and the recalculated value is greater than 4.0. (l) For process vents in ethylene oxide service subject to the requirements of § 63.124, owners and operators must keep the records specified in paragraphs (l)(1) and (2) of this section in addition to those records specified elsewhere in this section. (1) For process vents, include all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations used to determine the total uncontrolled ethylene oxide mass emission rate for the sum of all vent gas streams. (2) If emissions are vented through a closed-vent system to a non-flare control device, then the owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.124(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the identification of the control device, the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period.(m) For each maintenance vent opening subject to the requirements of § 63.113(k), owners and operators must keep the applicable records specified in paragraphs (m)(1) through (5) of this section. (1) Owners and operators must maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (2) If complying with the requirements of § 63.113(k)(1)(i), and the concentration of the vapor at the time of the vessel opening exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the concentration of the vapor at the time of the vessel opening. (3) If complying with the requirements of § 63.113(k)(1)(ii), and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the concentration of the vapor at the time of the active purging was initiated exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the concentration of the vapors in the equipment when active purging was initiated. (4) If complying with the requirements of § 63.113(k)(1)(iii), records of the estimating procedures used to determine the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 50 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening that contains greater than 50 pounds of VOC for which the deinventory procedures specified in paragraph (m)(1) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph (m)(4), records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (5) If complying with the requirements of § 63.113(k)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and concentration of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. (n) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (d) and (e) of this section no longer apply. Instead, each owner or operator demonstrating that a process vent is a Group 2 process vent based on total organic HAP mass flow rate less than 1.0 pound per hour under § 63.113(l), shall keep up-to-date, readily accessible records of: (1) Any process changes that increase the vent stream mass flow rate, and (2) Any recalculation or measurement of the mass flow rate pursuant to § 63.115(g). [89 FR 43185, May 16, 2024] § 63.119 Storage vessel provisions—reference control technology. (a) For each storage vessel to which this subpart applies, the owner or operator shall comply with the requirements of paragraphs (a)(1) through (6) of this section according to the schedule provisions of § 63.100. For each pressure vessel to which this subpart applies, the owner or operator must comply with the requirements of paragraph (a)(7) of this section. (1) For each Group 1 storage vessel (as defined in table 5 of this subpart for existing sources and table 6 of the subpart for new sources) storing a liquid for which the maximum true vapor pressure of the total organic hazardous air pollutants in the liquid is less than 76.6 kilopascals, the owner or operator shall reduce hazardous air pollutants emissions to the atmosphere either by operating and maintaining a fixed roof and internal floating roof, an external floating roof, an external floating roof converted to an internal floating roof, a closed vent system and control device, routing the emissions to a process or a fuel gas system, or vapor balancing in accordance with the requirements in paragraph (b), (c), (d), (e), (f), or (g) of this section, or equivalent as provided in § 63.121 of this subpart. (2) For each Group 1 storage vessel (as defined in table 5 of this subpart for existing sources and table 6 of this subpart for new sources) storing a liquid for which the maximum true vapor pressure of the total organic hazardous air pollutants in the liquid is greater than or equal to 76.6 kilopascals, the owner or operator shall operate and maintain a closed vent system and control device meeting the requirements specified in paragraph (e) of this section, route the emissions to a process or a fuel gas system as specified in paragraph (f) of this section, vapor balance as specified in paragraph (g) of this section, or equivalent as provided in § 63.121 of this subpart. (3) For each Group 2 storage vessel that is not part of an emissions average as described in § 63.150 of this subpart, the owner or operator shall comply with the recordkeeping requirement in § 63.123(a) of this subpart and is not required to comply with any other provisions in §§ 63.119 through 63.123 of this subpart. (4) For each Group 2 storage vessel that is part of an emissions average, the owner or operator shall comply with the emissions averaging provisions in § 63.150 of this subpart. (5) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), if the storage vessel (of any capacity and vapor pressure) stores liquid containing ethylene oxide such that the storage vessel is considered to be in ethylene oxide service, as defined in § 63.101, then the owner or operator must comply with the requirements of paragraph (a)(5)(i) or (ii) of this section in addition to all other applicable requirements specified elsewhere in this section. (i) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a flare; or (ii) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a control device that reduces ethylene oxide by greater than or equal to 99.9 percent by weight, or to a concentration less than 1 ppmv for each storage vessel vent. (6) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), for each storage vessel subject to paragraph (a)(1), (2), or (5) of this section, the owner or operator must comply with paragraphs (a)(6)(i) through (iv) of this section during storage vessel shutdown operations ( i.e., (i) Remove liquids from the storage vessel as much as practicable. (ii) Comply with one of the following: (A) Reduce emissions of total organic HAP by venting emissions through a closed vent system to a flare. (B) Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices. (C) Reduce emissions of total organic HAP by routing emissions to a fuel gas system or process and meet the requirements specified in paragraph (f) of this section. (iii) Maintain records necessary to demonstrate compliance with the requirements in § 63.102(f) of subpart F of this part including, if appropriate, records of existing standard site procedures used to empty and degas (deinventory) equipment for safety purposes. (iv) For floating roof storage vessels, the storage vessel may be opened to set up equipment ( e.g., (7) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), for each pressure vessel as defined in § 63.101 that is considered a Group 1 storage vessel (as defined in table 5 of this subpart for existing sources and table 6 of the subpart for new sources), you must operate and maintain the pressure vessel, as specified in paragraphs (a)(7)(i) through (v) of this section. (i) The pressure vessel must be designed to operate with no detectable emissions at all times. (ii) Except for connectors in ethylene oxide service, gas/vapor or light liquid valves in ethylene oxide service, light liquid pumps in ethylene oxide service, and PRDs in ethylene oxide service, and except for equipment that meet the criteria specified in § 63.168(h) and (i) (for valves in gas/vapor service and in light liquid service) and in § 63.174(f) and (h) (for connectors in gas/vapor service and in light liquid service), you must monitor each point on the pressure vessel through which total organic hazardous air pollutants could potentially be emitted by conducting initial and annual performance tests using Method 21 of appendix A-7 to part 60 of this chapter (iii) Each instrument reading greater than 500 ppmv is a violation. (iv) Estimate the flow rate and total regulated material emissions from the defect. Assume the pressure vessel has been emitting for half of the time since the last performance test, unless other information supports a different assumption. (v) Whenever total organic hazardous air pollutants are in the pressure vessel, you must operate the pressure vessel as a closed system that vents through a closed vent system to a control device as specified in paragraph (e) of this section, as applicable. For purposes of compliance with this paragraph, a release of total organic hazardous air pollutants through a pressure vessel's pressure relief device to the atmosphere is a violation. (b) The owner or operator who elects to use a fixed roof and an internal floating roof, as defined in § 63.111, to comply with the requirements of paragraph (a)(1) of this section shall comply with the requirements specified in paragraphs (b)(1) through (7) of this section. Note: The intent of paragraphs (b)(1) and (2) of this section is to avoid having a vapor space between the floating roof and the stored liquid for extended periods. Storage vessels may be emptied for purposes such as routine storage vessel maintenance, inspections, petroleum liquid deliveries, or transfer operations. Storage vessels where liquid is left on walls, as bottom clingage, or in pools due to floor irregularity are considered completely empty. (1) The internal floating roof shall be floating on the liquid surface at all times except when the floating roof must be supported by the leg supports during the periods specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section. (i) During the initial fill. (ii) After the vessel has been completely emptied and degassed. (iii) When the vessel is completely emptied before being subsequently refilled. (2) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical. (3) Each internal floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. Except as provided in paragraph (b)(3)(iv) of this section, the closure device shall consist of one of the devices listed in paragraph (b)(3)(i), (b)(3)(ii), or (b)(3)(iii) of this section. (i) A liquid-mounted seal as defined in § 63.111 of this subpart. (ii) A metallic shoe seal as defined in § 63.111 of this subpart. (iii) Two seals mounted one above the other so that each forms a continuous closure that completely covers the space between the wall of the storage vessel and the edge of the internal floating roof. The lower seal may be vapor- mounted, but both must be continuous seals. (iv) If the internal floating roof is equipped with a vapor-mounted seal as of December 31, 1992, the requirement for one of the seal options specified in paragraphs (b)(3)(i), (b)(3)(ii), and (b)(3)(iii) of this section does not apply until the earlier of the dates specified in paragraphs (b)(3)(iv)(A) and (b)(3)(iv)(B) of this section. (A) The next time the storage vessel is emptied and degassed. (B) No later than 10 years after April 22, 1994. (4) Automatic bleeder vents are to be closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the roof leg supports. (5) Except as provided in paragraph (b)(5)(viii) of this section, each internal floating roof shall meet the specifications listed in paragraphs (b)(5)(i) through (vii) of this section, and (b)(5)(ix) through (xii) of this section. (i) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents is to provide a projection below the liquid surface. (ii) Except as specified in paragraph (b)(5)(ix) of this section, each opening in the internal floating roof except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains shall be equipped with a cover or lid. The cover or lid shall be equipped with a gasket. (iii) Each penetration of the internal floating roof for the purposes of sampling shall be a sample well. Each sample well shall have a slit fabric cover that covers at least 90 percent of the opening. (iv) Each automatic bleeder vent shall be gasketed. (v) Each rim space vent shall be gasketed. (vi) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover. (vii) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover. (viii) If the internal floating roof does not meet any one of the specifications listed in paragraphs (b)(5)(i) through (b)(5)(vii) of this section as of December 31, 1992, the requirement for meeting those specifications does not apply until the earlier of the dates specified in paragraphs (b)(5)(viii)(A) and (b)(5)(viii)(B) of this section. (A) The next time the storage vessel is emptied and degassed. (B) No later than 10 years after April 22, 1994. (ix) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (b)(5)(i) of this section no longer applies. Instead, each opening in the internal floating roof except those for automatic bleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and deck drains shall be equipped with a deck cover. The deck cover shall be equipped with a gasket between the cover and the deck. (x) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), each opening for an unslotted guidepole shall be equipped with a pole wiper, and each unslotted guidepole shall be equipped with a gasketed cap on the top of the guidepole. (xi) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), each opening for a slotted guidepole shall be equipped with one of the control device configurations specified in paragraphs (b)(5)(xi)(A) and (B) of this section. (A) A pole wiper and a pole float. The wiper or seal of the pole float shall be at or above the height of the pole wiper. (B) A pole wiper and a pole sleeve. (xii) Each unslotted guidepole cap shall be closed at all times except when gauging the liquid level or taking liquid samples. (6) Each cover or lid on any opening in the internal floating roof shall be closed (i.e., no visible gaps), except when the cover or lid must be open for access. Covers on each access hatch and each gauge float well shall be bolted or fastened so as to be air-tight when they are closed. Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting. (7) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), owners and operators that use a continuous sweep, purge, or inert blanket between the internal floating roof and fixed roof that causes a pressure/vacuum vent to remain continuously open to the atmosphere where uncontrolled emissions are greater than or equal to 1.0 pound per hour of total organic HAP must route emissions through a closed vent system and control device and comply with paragraph (e) of this section. (c) The owner or operator who elects to use an external floating roof, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) of this section shall comply with the requirements specified in paragraphs (c)(1) through (c)(4) of this section. (1) Each external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. (i) Except as provided in paragraph (c)(1)(iv) of this section, the closure device is to consist of two seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal. (ii) Except as provided in paragraph (c)(1)(v) of this section, the primary seal shall be either a metallic shoe seal or a liquid-mounted seal. (iii) Except during the inspections required by § 63.120(b) of this subpart, both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion. (iv) If the external floating roof is equipped with a liquid-mounted or metallic shoe primary seal as of December 31, 1992, the requirement for a secondary seal in paragraph (c)(1)(i) of this section does not apply until the earlier of the dates specified in paragraphs (c)(1)(iv)(A) and (c)(1)(iv)(B) of this section. (A) The next time the storage vessel is emptied and degassed. (B) No later than 10 years after April 22, 1994. (v) If the external floating roof is equipped with a vapor-mounted primary seal and a secondary seal as of December 31, 1992, the requirement for a liquid-mounted or metallic shoe primary seal in paragraph (c)(1)(ii) of this section does not apply until the earlier of the dates specified in paragraphs (c)(1)(v)(A) and (c)(1)(v)(B) of this section. (A) The next time the storage vessel is emptied and degassed. (B) No later than 10 years after April 22, 1994. (2) Each external floating roof shall meet the specifications listed in paragraphs (c)(2)(i) through (c)(2)(xii) of this section. (i) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in the noncontact external floating roof shall provide a projection below the liquid surface except as provided in paragraph (c)(2)(xii) of this section. (ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof is to be equipped with a gasketed cover, seal or lid which is to be maintained in a closed position (i.e., no visible gap) at all times except when the cover or lid must be open for access. Covers on each access hatch and each gauge float well shall be bolted or fastened so as to be air-tight when they are closed. (iii) Automatic bleeder vents are to be closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the roof leg supports. (iv) Rim space vents are to be set to open only when the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting. (v) Automatic bleeder vents and rim space vents are to be gasketed. (vi) Each roof drain that empties into the stored liquid is to be provided with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening. (vii) Each unslotted guide pole well shall have a gasketed sliding cover or a flexible fabric sleeve seal. (viii) Each unslotted guide pole shall have on the end of the pole a gasketed cap which is closed at all times except when gauging the liquid level or taking liquid samples. (ix) Each slotted guide pole well shall have a gasketed sliding cover or a flexible fabric sleeve seal. (x) Each slotted guide pole shall have a gasketed float or other device which closes off the liquid surface from the atmosphere. (xi) Each gauge hatch/sample well shall have a gasketed cover which is closed at all times except when the hatch or well must be open for access. (xii) If each opening in a noncontact external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents does not provide a projection below the liquid surface as of December 31, 1992, the requirement for providing these projections below the liquid surface does not apply until the earlier of the dates specified in paragraphs (c)(2)(xii)(A) and (c)(2)(xii)(B) of this section. (A) The next time the storage vessel is emptied and degassed. (B) No later than 10 years after April 22, 1994. Note: The intent of paragraphs (c)(3) and (c)(4) of this section is to avoid having a vapor space between the floating roof and the stored liquid for extended periods. Storage vessels may be emptied for purposes such as routine storage vessel maintenance, inspections, petroleum liquid deliveries, or transfer operations. Storage vessels where liquid is left on walls, as bottom clingage, or in pools due to floor irregularity are considered completely empty. (3) The external floating roof shall be floating on the liquid surface at all times except when the floating roof must be supported by the leg supports during the periods specified in paragraphs (c)(3)(i) through (c)(3)(iii) of this section. (i) During the initial fill. (ii) After the vessel has been completely emptied and degassed. (iii) When the vessel is completely emptied before being subsequently refilled. (4) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical. (d) The owner or operator who elects to use an external floating roof converted to an internal floating roof (i.e., fixed roof installed above external floating roof) to comply with paragraph (a)(1) of this section shall comply with paragraphs (d)(1) and (d)(2) of this section. (1) Comply with the requirements for internal floating roof vessels specified in paragraphs (b)(1), (2), and (3) of this section; and (2) Comply with the requirements for deck fittings that are specified for external floating roof vessels in paragraphs (c)(2)(i) through (c)(2)(xii) of this section. (e) The owner or operator who elects to use a closed vent system and control device, as defined in § 63.111, to comply with the requirements of paragraph (a)(1) or (2) of this section, or the owner or operator who meets the requirements specified in paragraph (b)(7) of this section, shall comply with the requirements specified in paragraphs (e)(1) through (7) of this section. (1) Except as provided in paragraph (e)(2) of this section, the control device shall be designed and operated to reduce inlet emissions of total organic HAP by 95 percent or greater. Except as specified in § 63.108(a), if a flare is used as the control device, it shall meet the specifications described in the general control device requirements of § 63.11(b). (2) If the owner or operator can demonstrate that a control device installed on a storage vessel on or before December 31, 1992 is designed to reduce inlet emissions of total organic HAP by greater than or equal to 90 percent but less than 95 percent, then the control device is required to be operated to reduce inlet emissions of total organic HAP by 90 percent or greater. (3) Except as specified in (e)(7) of this section, periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraph (e)(1) or (2) of this section, as applicable, shall not exceed 240 hours per year. (4) Except as specified in (e)(7) of this section, the specifications and requirements in paragraphs (e)(1) and (2) of this section for control devices do not apply during periods of planned routine maintenance. (5) Except as specified in (e)(7) of this section, the specifications and requirements in paragraphs (e)(1) and (2) of this section for control devices do not apply during a control system malfunction. (6) An owner or operator may use a combination of control devices to achieve the required reduction of total organic hazardous air pollutants specified in paragraph (e)(1) of this section. An owner or operator may use a combination of control devices installed on a storage vessel on or before December 31, 1992 to achieve the required reduction of total organic hazardous air pollutants specified in paragraph (e)(2) of this section. (7) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (e)(3) through (5) of this section no longer apply. Instead, whenever gases or vapors containing total organic HAP are routed from a storage vessel through a closed vent system connected to a control device used to comply with the requirements of paragraph (e)(1) or (2) of this section, the control device must be operating, except the control device may only be bypassed for the purpose of performing planned routine maintenance of the control device. When the control device is bypassed, the owner or operator must comply with paragraphs (e)(7)(i) through (iii) of this section. (i) The control device may only be bypassed when the planned routine maintenance cannot be performed during periods that storage vessel emissions are vented to the control device. (ii) On an annual basis, the total time that the closed-vent system or control device is bypassed to perform planned routine maintenance shall not exceed 240 hours per each calendar year. (iii) The level of material in the storage vessel shall not be increased during periods that the closed vent system or control device is bypassed to perform planned routine maintenance. (f) The owner or operator who elects to route emissions to a fuel gas system or to a process, as defined in § 63.111 of this subpart, to comply with the requirements of paragraph (a)(1) or (a)(2) of this section shall comply with the requirements in paragraphs (f)(1) through (f)(3) of this section, as applicable. (1) If emissions are routed to a fuel gas system, there is no requirement to conduct a performance test or design evaluation. If emissions are routed to a process, the organic hazardous air pollutants in the emissions shall predominantly meet one of, or a combination of, the ends specified in paragraphs (f)(1)(i) through (f)(1)(iv) of this section. The owner or operator shall comply with the compliance demonstration requirements in § 63.120(f). (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not organic hazardous air pollutants; (iii) Incorporated into a product; and/or (iv) Recovered. (2) If the emissions are conveyed by a system other than hard-piping, any conveyance system operated under positive pressure shall be subject to the requirements of § 63.148 of this subpart. (3) The fuel gas system or process shall be operating at all times when organic hazardous air pollutants emissions are routed to it except as provided in § 63.102(a)(1) and in paragraphs (f)(3)(i) through (iv) of this section. Whenever the owner or operator bypasses the fuel gas system or process, the owner or operator shall comply with the recordkeeping requirement in § 63.123(h). Bypassing is permitted if the owner or operator complies with one or more of the conditions specified in paragraphs (f)(3)(i) through (iv) of this section. (i) The liquid level in the storage vessel is not increased; (ii) The emissions are routed through a closed vent system to a control device complying with § 63.119(e); or (iii) Except as specified in paragraph (f)(3)(iv) of this section, the total aggregate amount of time during which the emissions bypass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except start-ups/shutdowns/malfunctions or product changeovers of flexible operation units and periods when the storage vessel has been emptied and degassed), does not exceed 240 hours. (iv) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (f)(3)(iii) of this section no longer applies. Instead, if you elect to route emissions from storage vessels to a fuel gas system or to a process to comply with the requirements of paragraph (a)(1), (2), or (5) of this section, the fuel gas system or process may only be bypassed when the planned routine maintenance cannot be performed during periods that storage vessel emissions are vented to the fuel gas system or process, and the total aggregate amount of time during which the breathing loss emissions bypass the fuel gas system or process during the calendar year without being routed to a control device must not exceed 240 hours. The level of material in the storage vessel shall not be increased during periods that the fuel gas system or process is bypassed to perform routine maintenance. (g) The owner or operator who elects to vapor balance to comply with the requirements of paragraphs (a)(1) and (2) of this section shall comply with paragraphs (g)(1) through (7) of this section and the recordkeeping requirements of § 63.123(i). (1) The vapor balancing system must be designed and operated to route organic HAP vapors displaced from loading of the storage vessel to the railcar, tank truck, or barge from which the storage vessel is filled. (2) Tank trucks and railcars must have a current certification in accordance with the U.S. Department of Transportation pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars. Barges must have a current certification of vapor-tightness through testing in accordance with 40 CFR 63.565. (3) Hazardous air pollutants must only be unloaded from tank trucks or railcars when vapor collection systems are connected to the storage vessel's vapor collection system. (4) No pressure relief device on the storage vessel, or on the railcar or tank truck, shall open during loading or as a result of diurnal temperature changes (breathing losses). (5) Pressure relief devices must be set to no less than 2.5 psig at all times to prevent breathing losses. Pressure relief devices may be set at values less than 2.5 psig if the owner or operator provides rationale in the notification of compliance status report explaining why the alternative value is sufficient to prevent breathing losses at all times. The owner or operator shall comply with paragraphs (g)(5)(i) through (iii) of this section for each pressure relief valve. (i) The pressure relief valve shall be monitored quarterly using the method described in § 63.180(b). (ii) An instrument reading of 500 ppmv or greater defines a leak. (iii) When a leak is detected, it shall be repaired as soon as practicable, but no later than 5 days after it is detected, and the owner or operator shall comply with the recordkeeping requirements of § 63.181(d)(1) through (4). (6) Railcars, tank trucks, or barges that deliver HAP to a storage vessel must be reloaded or cleaned at a facility that utilizes the control techniques specified in paragraph (g)(6)(i) or (ii) of this section. (i) The railcar, tank truck, or barge must be connected to a closed vent system with a control device that reduces inlet emissions of HAP by 95 percent by weight or greater. (ii) A vapor balancing system designed and operated to collect organic HAP vapor displaced from the tank truck, railcar, or barge during reloading must be used to route the collected HAP vapor to the storage vessel from which the liquid being transferred originated. (7) The owner or operator of the facility where the railcar, tank truck, or barge is reloaded or cleaned must comply with paragraphs (g)(7)(i) through (iii) of this section. (i) Submit to the owner or operator of the storage vessel and to the Administrator a written certification that the reloading or cleaning facility will meet the requirements of this section. The certifying entity may revoke the written certification by sending a written statement to the owner or operator of the storage vessel giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements of this paragraph (g)(7). (ii) If complying with paragraph (g)(6)(i) of this section, comply with the requirements for closed vent system and control device specified in §§ 63.119 through 63.123. The notification and reporting requirements in § 63.122 do not apply to the owner or operator of the offsite cleaning or reloading facility. (iii) If complying with paragraph (g)(6)(ii) of this section, keep the records specified in § 63.123(i)(3). (iv) After the compliance dates specified in § 63.100(k) at an offsite reloading or cleaning facility subject to paragraph (g) of this section, compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of paragraph (g)(7)(ii) or (iii) of this section. You must identify in your Notification of Compliance Status report required by § 63.152(b), the subpart to the part 63 with which the owner or operator of the reloading or cleaning facility complies. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2747, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004; 71 FR 76614, Dec. 21, 2006; 89 FR 43188, May 16, 2024] § 63.120 Storage vessel provisions—procedures to determine compliance. (a) To demonstrate compliance with § 63.119(b) of this subpart (storage vessel equipped with a fixed roof and internal floating roof) or with § 63.119(d) of this subpart (storage vessel equipped with an external floating roof converted to an internal floating roof), the owner or operator shall comply with the requirements in paragraphs (a)(1) through (a)(7) of this section. (1) The owner or operator shall visually inspect the internal floating roof, the primary seal, and the secondary seal (if one is in service), according to the schedule specified in paragraphs (a)(2) and (a)(3) of this section. (2) For vessels equipped with a single-seal system, the owner or operator shall perform the inspections specified in paragraphs (a)(2)(i) and (a)(2)(ii) of this section. (i) Visually inspect the internal floating roof and the seal through manholes and roof hatches on the fixed roof at least once every 12 months after initial fill, or at least once every 12 months after the compliance date specified in § 63.100 of subpart F of this part. (ii) Visually inspect the internal floating roof, the seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed, and at least once every 10 years after the compliance date specified in § 63.100 of subpart F of this part. (3) For vessels equipped with a double-seal system as specified in § 63.119(b)(3)(iii) of this subpart, the owner or operator shall perform either the inspection required in paragraph (a)(3)(i) of this section or the inspections required in both paragraphs (a)(3)(ii) and (a)(3)(iii) of this section. (i) The owner or operator shall visually inspect the internal floating roof, the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied and degassed and at least once every 5 years after the compliance date specified in § 63.100 of subpart F of this part; or (ii) The owner or operator shall visually inspect the internal floating roof and the secondary seal through manholes and roof hatches on the fixed roof at least once every 12 months after initial fill, or at least once every 12 months after the compliance date specified in § 63.100 of subpart F of this part, and (iii) Visually inspect the internal floating roof, the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the vessel is emptied and degassed and at least once every 10 years after the compliance date specified in § 63.100 of subpart F of this part. (4) If during the inspections required by paragraph (a)(2)(i) or (a)(3)(ii) of this section, the internal floating roof is not resting on the surface of the liquid inside the storage vessel and is not resting on the leg supports; or there is liquid on the floating roof; or the seal is detached; or there are holes or tears in the seal fabric; or there are visible gaps between the seal and the wall of the storage vessel, the owner or operator shall repair the items or empty and remove the storage vessel from service within 45 calendar days. If a failure that is detected during inspections required by paragraph (a)(2)(i) or (a)(3)(ii) of this section cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical. (5) Except as provided in paragraph (a)(6) of this section, for all the inspections required by paragraphs (a)(2)(ii), (a)(3)(i), and (a)(3)(iii) of this section, the owner or operator shall notify the Administrator in writing at least 30 calendar days prior to the refilling of each storage vessel to afford the Administrator the opportunity to have an observer present. (6) If the inspection required by paragraph (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this section is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel, the owner or operator shall notify the Administrator at least 7 calendar days prior to the refilling of the storage vessel. Notification may be made by telephone and immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, the notification including the written documentation may be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to refilling. (7) If during the inspections required by paragraph (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this section, the internal floating roof has defects; or the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before refilling the storage vessel with organic HAP. (b) To demonstrate compliance with § 63.119(c) of this subpart (storage vessel equipped with an external floating roof), the owner or operator shall comply with the requirements specified in paragraphs (b)(1) through (b)(10) of this section. (1) Except as provided in paragraph (b)(7) of this section, the owner or operator shall determine the gap areas and maximum gap widths between the primary seal and the wall of the storage vessel, and the secondary seal and the wall of the storage vessel according to the frequency specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section. (i) For an external floating roof vessel equipped with primary and secondary seals, measurements of gaps between the vessel wall and the primary seal shall be performed during the hydrostatic testing of the vessel or by the compliance date specified in § 63.100 of subpart F of this part, whichever occurs last, and at least once every 5 years thereafter. (ii) For an external floating roof vessel equipped with a liquid-mounted or metallic shoe primary seal and without a secondary seal as provided for in § 63.119(c)(1)(iv) of this subpart, measurements of gaps between the vessel wall and the primary seal shall be performed by the compliance date specified in § 63.100 of subpart F of this part and at least once per year thereafter, until a secondary seal is installed. When a secondary seal is installed above the primary seal, measurements of gaps between the vessel wall and both the primary and secondary seals shall be performed within 90 calendar days of installation of the secondary seal, and according to the frequency specified in paragraphs (b)(1)(i) and (b)(1)(iii) of this section thereafter. (iii) For an external floating roof vessel equipped with primary and secondary seals, measurements of gaps between the vessel wall and the secondary seal shall be performed by the compliance date specified in § 63.100 of subpart F of this part and at least once per year thereafter. (iv) If any storage vessel ceases to store organic HAP for a period of 1 year or more, or if the maximum true vapor pressure of the total organic HAP's in the stored liquid falls below the values defining Group 1 storage vessels specified in table 5 or table 6 of this subpart for a period of 1 year or more, measurements of gaps between the vessel wall and the primary seal, and gaps between the vessel wall and the secondary seal shall be performed within 90 calendar days of the vessel being refilled with organic HAP. (2) Except as provided in paragraph (b)(7) of this section, the owner or operator shall determine gap widths and gap areas in the primary and secondary seals (seal gaps) individually by the procedures described in paragraphs (b)(2)(i) through (b)(2)(iii) of this section. (i) Seal gaps, if any, shall be measured at one or more floating roof levels when the roof is not resting on the roof leg supports. (ii) Seal gaps, if any, shall be measured around the entire circumference of the vessel in each place where an 0.32 centimeter ( 1/8 (iii) The total surface area of each gap described in paragraph (b)(2)(ii) of this section shall be determined by using probes of various widths to measure accurately the actual distance from the vessel wall to the seal and multiplying each such width by its respective circumferential distance. (3) The owner or operator shall add the gap surface area of each gap location for the primary seal and divide the sum by the nominal diameter of the vessel. The accumulated area of gaps between the vessel wall and the primary seal shall not exceed 212 square centimeters per meter of vessel diameter and the width of any portion of any gap shall not exceed 3.81 centimeters. (4) The owner or operator shall add the gap surface area of each gap location for the secondary seal and divide the sum by the nominal diameter of the vessel. The accumulated area of gaps between the vessel wall and the secondary seal shall not exceed 21.2 square centimeters per meter of vessel diameter and the width of any portion of any gap shall not exceed 1.27 centimeters. These seal gap requirements may be exceeded during the measurement of primary seal gaps as required by paragraph (b)(1)(i) and (b)(1)(ii) of this section. (5) The primary seal shall meet the additional requirements specified in paragraphs (b)(5)(i) and (b)(5)(ii) of this section. (i) Where a metallic shoe seal is in use, one end of the metallic shoe shall extend into the stored liquid and the other end shall extend a minimum vertical distance of 61 centimeters above the stored liquid surface. (ii) There shall be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope. (6) The secondary seal shall meet the additional requirements specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section. (i) The secondary seal shall be installed above the primary seal so that it completely covers the space between the roof edge and the vessel wall except as provided in paragraph (b)(4) of this section. (ii) There shall be no holes, tears, or other openings in the seal or seal fabric. (7) If the owner or operator determines that it is unsafe to perform the seal gap measurements required in paragraphs (b)(1) and (b)(2) of this section or to inspect the vessel to determine compliance with paragraphs (b)(5) and (b)(6) of this section because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with the requirements in either paragraph (b)(7)(i) or (b)(7)(ii) of this section. (i) The owner or operator shall measure the seal gaps or inspect the storage vessel no later than 30 calendar days after the determination that the roof is unsafe, or (ii) The owner or operator shall empty and remove the storage vessel from service no later than 45 calendar days after determining that the roof is unsafe. If the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include an explanation of why it was unsafe to perform the inspection or seal gap measurement, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the vessel will be emptied as soon as practical. (8) The owner or operator shall repair conditions that do not meet requirements listed in paragraphs (b)(3), (b)(4), (b)(5), and (b)(6) of this section (i.e., failures) no later than 45 calendar days after identification, or shall empty and remove the storage vessel from service no later than 45 calendar days after identification. If during seal gap measurements required in paragraph (b)(1) and (b)(2) of this section or during inspections necessary to determine compliance with paragraphs (b)(5) and (b)(6) of this section a failure is detected that cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical. (9) The owner or operator shall notify the Administrator in writing at least 30 calendar days in advance of any gap measurements required by paragraph (b)(1) or (2) of this section to afford the Administrator the opportunity to have an observer present. (10) The owner or operator shall visually inspect the external floating roof, the primary seal, secondary seal, and fittings each time the vessel is emptied and degassed. (i) If the external floating roof has defects; the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area, the owner or operator shall repair the items as necessary so that none of the conditions specified in this paragraph exist before filling or refilling the storage vessel with organic HAP. (ii) Except as provided in paragraph (b)(10)(iii) of this section, for all the inspections required by paragraph (b)(10) of this section, the owner or operator shall notify the Administrator in writing at least 30 calendar days prior to filling or refilling of each storage vessel with organic HAP to afford the Administrator the opportunity to inspect the storage vessel prior to refilling. (iii) If the inspection required by paragraph (b)(10) of this section is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel with organic HAP, the owner or operator shall notify the Administrator at least 7 calendar days prior to refilling of the storage vessel. Notification may be made by telephone and immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, this notification including the written documentation may be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to the refilling. (c) To demonstrate compliance with § 63.119(d) of this subpart (storage vessel equipped with an external floating roof converted to an internal floating roof), the owner or operator shall comply with the requirements of paragraph (a) of this section. (d) To demonstrate compliance with § 63.119(e) (storage vessel equipped with a closed vent system and control device) using a control device other than a flare, the owner or operator shall comply with the requirements in paragraphs (d)(1) through (7) of this section, except as provided in paragraphs (d)(8) and (9) of this section. (1) Except as provided in paragraph (d)(1)(iii) of this section, the owner or operator shall either prepare a design evaluation, which includes the information specified in paragraph (d)(1)(i) of this section or submit the results of a performance test as described in paragraph (d)(1)(ii) of this section. (i) The design evaluation shall include documentation demonstrating that the control device being used achieves the required control efficiency during reasonably expected maximum filling rate. This documentation is to include a description of the gas stream which enters the control device, including flow and organic HAP content under varying liquid level conditions, and the information specified in paragraphs (d)(1)(i)(A) through (E) of this section, as applicable. (A) If the control device receives vapors, gases or liquids, other than fuels, from emission points other than storage vessels subject to this subpart, the efficiency demonstration is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device. (B) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C is used to meet the emission reduction requirement specified in § 63.119 (e)(1) or (2), as applicable, documentation that those conditions exist is sufficient to meet the requirements of paragraph (d)(1)(i) of this section. (C) Except as provided in paragraph (d)(1)(i)(B) of this section, for thermal incinerators, the design evaluation shall include the autoignition temperature of the organic HAP, the flow rate of the organic HAP emission stream, the combustion temperature, and the residence time at the combustion temperature. (D) For carbon adsorbers, the design evaluation shall include the affinity of the organic HAP vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity of the feed gases, the temperature of the feed gases, the flow rate of the organic HAP emission stream, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included. (E) For condensers, the design evaluation shall include the final temperature of the organic HAP vapors, the type of condenser, and the design flow rate of the organic HAP emission stream. (ii) If the control device used to comply with § 63.119(e) is also used to comply with § 63.113(a)(2), § 63.126(b)(1), or § 63.139(c), the performance test required by § 63.116(c), § 63.128(a), or § 63.139(d)(1) is acceptable to demonstrate compliance with § 63.119(e). The owner or operator is not required to prepare a design evaluation for the control device as described in paragraph (d)(1)(i) of this section, if the performance tests meets the criteria specified in paragraphs (d)(1)(ii)(A) and (B) of this section. (A) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 63.119 (e)(1) or (2), as applicable; and (B) The performance test is submitted as part of the Notification of Compliance Status required by § 63.151(b). If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (d)(1)(iii)(A) through (C) of this section. (A) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (B) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (d)(1)(iii)(C)( 2 (C) Comply with paragraph (d)(1)(iii)(C)( 1 2 ( 1 ( 2 (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.151 (b), a monitoring plan containing the information specified in paragraph (d)(2)(i) of this section and in either paragraph (d)(2)(ii) or (iii) of this section. This paragraph does not apply if the owner or operator complies with paragraph (d)(1)(iii) of this section. (i) A description of the parameter or parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed ( e.g., (ii) The documentation specified in paragraph (d)(1)(i) of this section, if the owner or operator elects to prepare a design evaluation; or (iii) The information specified in paragraph (d)(2)(iii) (A) and (B) of this section if the owner or operator elects to submit the results of a performance test. (A) Identification of the storage vessel and control device for which the performance test will be submitted, and (B) Identification of the emission point(s) that share the control device with the storage vessel and for which the performance test will be conducted. (3) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraphs (d)(3)(i) and, if applicable, (d)(3)(ii) of this section. This paragraph does not apply if the owner or operator complies with paragraph (d)(1)(iii) of this section. (i) The operating range for each monitoring parameter identified in the monitoring plan. The specified operating range shall represent the conditions for which the control device is being properly operated and maintained. (ii) Results of the performance test described in paragraph (d)(1)(ii) of this section. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (4) The owner or operator shall demonstrate compliance with the requirements of §§ 63.119(e)(3) and (7) (planned routine maintenance of a control device, during which the control device does not meet the specifications of § 63.119 (e)(1) or (2), as applicable, shall not exceed 240 hours per year) by including in each Periodic Report required by § 63.152(c) the information specified in § 63.122(g)(1). (5) The owner or operator shall monitor the parameters specified in the Notification of Compliance Status required in § 63.152(b) or in the operating permit and shall operate and maintain the control device such that the monitored parameters remain within the ranges specified in the Notification of Compliance Status. (6) Except as provided in paragraph (d)(7) of this section, each closed vent system shall be inspected as specified in § 63.148. The initial and annual inspections required by § 63.148(b) shall be done during filling of the storage vessel. (7) For any fixed roof tank and closed vent system that are operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148. (8) A design evaluation or performance test is not required, if the owner or operator uses a combustion device meeting the criteria in paragraph (d)(8)(i), (ii), (iii), or (iv) of this section. (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (ii) A boiler or process heater burning hazardous waste for which the owner or operator: (A) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 266, subpart H, of this chapter; (B) Has certified compliance with the interim status requirements of part 266, subpart H, of this chapter; (C) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (D) Complies with subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (iii) A hazardous waste incinerator for which the owner or operator: (A) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 264, subpart O, of this chapter; (B) Has certified compliance with the interim status requirements of part 265, subpart O, of this chapter; (C) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements subpart EEE of this part; or (D) Complies with the requirements subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (iv) A boiler or process heater into which the vent stream is introduced with the primary fuel. (9) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), paragraph (d)(1)(i) of this section no longer applies to storage vessels in ethylene oxide service, as defined in § 63.101. (e) Except as specified in paragraph (a) of § 63.108, to demonstrate compliance with § 63.119(e) (storage vessel equipped with a closed vent system and control device) using a flare, the owner or operator shall comply with the requirements in paragraphs (e)(1) through (6) of this section. (1) The owner or operator shall perform the compliance determination specified in § 63.11(b) of subpart A of this part. (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraphs (e)(2)(i) through (e)(2)(iii) of this section. (i) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by paragraph (e)(1) of this section; and (iii) All periods during the compliance determination when the pilot flame is absent. (3) The owner or operator shall demonstrate compliance with the requirements of §§ 63.119(e)(3) and (7) (planned routine maintenance of a flare, during which the flare does not meet the specifications of § 63.119(e)(1), shall not exceed 240 hours per year) by including in each Periodic Report required by § 63.152(c) the information specified in § 63.122(g)(1). (4) The owner or operator shall continue to meet the general control device requirements specified in § 63.11(b) of subpart A of this part. (5) Except as provided in paragraph (e)(6) of this section, each closed vent system shall be inspected as specified in § 63.148 of this subpart. The inspections required to be performed in accordance with § 63.148(c) of this subpart shall be done during filling of the storage vessel. (6) For any fixed roof tank and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart. (f) To demonstrate compliance with § 63.119(f) of this subpart (storage vessel routed to a process), the owner or operator shall prepare a design evaluation (or engineering assessment) that demonstrates the extent to which one or more of the ends specified in § 63.119(f)(1)(i) through (f)(1)(iv) are being met. The owner or operator shall submit the design evaluation as part of the Notification of Compliance Status required by § 63.152(b) of this subpart. (g) To demonstrate compliance with the emission limits and work practice standards specified in § 63.119(a)(5) for storage vessels in ethylene oxide service, owners and operators must meet the requirements specified in § 63.124. [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997; 89 FR 43190, May 16, 2024] § 63.121 Storage vessel provisions—alternative means of emission limitation. (a) Determination of equivalence to the reduction in emissions achieved by the requirements of § 63.119 (b), (c), or (d) of this subpart will be evaluated according to § 63.102(b) of subpart F of this part. (b) The determination of equivalence referred to in paragraph (a) of this section will be based on the application to the Administrator which shall include the information specified in either paragraph (b)(1) or (b)(2) of this section. (1) Actual emissions tests that use full-size or scale-model storage vessels that accurately collect and measure all organic HAP emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or (2) An engineering analysis that the Administrator determines is an accurate method of determining equivalence. § 63.122 Storage vessel provisions—reporting. (a) For each Group 1 storage vessel, the owner or operator shall comply with the requirements of paragraphs (a)(1) through (a)(5) of this section. (1) The owner or operator shall submit an Initial Notification as required by § 63.151(b) of this subpart. (2) [Reserved] (3) The owner or operator shall submit a Notification of Compliance Status as required by § 63.152(b) of this subpart and shall submit as part of the Notification of Compliance Status the information specified in paragraph (c) of this section. (4) The owner or operator shall submit Periodic Reports as required by § 63.152(c) of this subpart and shall submit as part of the Periodic Reports the information specified in paragraphs (d), (e), (f), (g), and (i) of this section. (5) The owner or operator shall submit, as applicable, other reports as required by § 63.152(d) of this subpart, containing the information specified in paragraph (h) of this section. (b) An owner or operator who elects to comply with § 63.119(e) of this subpart by using a closed vent system and a control device other than a flare shall submit, as part of the Monitoring Plan, the information specified in § 63.120(d)(2)(i) of this subpart and the information specified in either § 63.120(d)(2)(ii) of this subpart or § 63.120(d)(2)(iii) of this subpart. (c) An owner or operator who elects to comply with § 63.119(e) of this subpart by using a closed vent system and a control device shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in either paragraph (c)(1) or (c)(2) of this section. An owner or operator who elects to comply with § 63.119(f) of this subpart by routing emissions to a process or to a fuel gas system shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in paragraph (c)(3) of this section. (1) If a control device other than a flare is used, the owner or operator shall submit the information specified in § 63.120(d)(3)(i) and, if applicable, (d)(3)(ii) of this subpart. (2) Except as specified in paragraph (a) of § 63.108, if a flare is used, the owner or operator shall submit the information specified in § 63.120(e)(2)(i), (e)(2)(ii) through (iii). (3) If emissions are routed to a process, the owner or operator shall submit the information specified in § 63.120(f). If emissions are routed to a fuel gas system, the owner or operator shall submit a statement that the emission stream is connected to the fuel gas system and whether the conveyance system is subject to the requirements of § 63.148. (d) An owner or operator who elects to comply with § 63.119(b) of this subpart by using a fixed roof and an internal floating roof or with § 63.119(d) of this subpart by using an external floating roof converted to an internal floating roof shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, the results of each inspection conducted in accordance with § 63.120(a) of this subpart in which a failure is detected in the control equipment. (1) For vessels for which annual inspections are required under § 63.120 (a)(2)(i) or (a)(3)(ii) of this subpart, the specifications and requirements listed in paragraphs (d)(1)(i) through (d)(1)(iii) of this section apply. (i) A failure is defined as any time in which the internal floating roof is not resting on the surface of the liquid inside the storage vessel and is not resting on the leg supports; or there is liquid on the floating roof; or the seal is detached from the internal floating roof; or there are holes, tears, or other openings in the seal or seal fabric; or there are visible gaps between the seal and the wall of the storage vessel. (ii) Except as provided in paragraph (d)(1)(iii) of this section, each Periodic Report shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made or the date the storage vessel was emptied. (iii) If an extension is utilized in accordance with § 63.120(a)(4) of this subpart, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in § 63.120(a)(4) of this subpart; and describe the date the storage vessel was emptied and the nature of and date the repair was made. (2) For vessels for which inspections are required under § 63.120 (a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of this subpart, the specifications and requirements listed in paragraphs (d)(2)(i) and (d)(2)(ii) of this section apply. (i) A failure is defined as any time in which the internal floating roof has defects; or the primary seal has holes, tears, or other openings in the seal or the seal fabric; or the secondary seal (if one has been installed) has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area. (ii) Each Periodic Report required under § 63.152(c) of this subpart shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The Periodic Report shall also describe the nature of and date the repair was made. (e) An owner or operator who elects to comply with § 63.119(c) of this subpart by using an external floating roof shall meet the periodic reporting requirements specified in paragraphs (e)(1), (e)(2), and (e)(3) of this section. (1) The owner or operator shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, documentation of the results of each seal gap measurement made in accordance with § 63.120(b) of this subpart in which the requirements of § 63.120 (b)(3), (b)(4), (b)(5), or (b)(6) of this subpart are not met. This documentation shall include the information specified in paragraphs (e)(1)(i) through (e)(1)(iv) of this section. (i) The date of the seal gap measurement. (ii) The raw data obtained in the seal gap measurement and the calculations described in § 63.120 (b)(3) and (b)(4) of this subpart. (iii) A description of any condition specified in § 63.120 (b)(5) or (b)(6) of this subpart that is not met. (iv) A description of the nature of and date the repair was made, or the date the storage vessel was emptied. (2) If an extension is utilized in accordance with § 63.120(b)(7)(ii) or (b)(8) of this subpart, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in § 63.120(b)(7)(ii) or (b)(8) of this subpart, as applicable; and describe the date the vessel was emptied and the nature of and date the repair was made. (3) The owner or operator shall submit, as part of the Periodic Report required under § 63.152(c) of this subpart, documentation of any failures that are identified during visual inspections required by § 63.120(b)(10) of this subpart. This documentation shall meet the specifications and requirements in paragraphs (e)(3)(i) and (e)(3)(ii) of this section. (i) A failure is defined as any time in which the external floating roof has defects; or the primary seal has holes, or other openings in the seal or the seal fabric; or the secondary seal has holes, tears, or other openings in the seal or the seal fabric; or the gaskets no longer close off the liquid surface from the atmosphere; or the slotted membrane has more than 10 percent open area. (ii) Each Periodic Report required under § 63.152(c) of this subpart shall include the date of the inspection, identification of each storage vessel in which a failure was detected, and a description of the failure. The periodic report shall also describe the nature of and date the repair was made. (f) An owner or operator who elects to comply with § 63.119(d) of this subpart by using an external floating roof converted to an internal floating roof shall comply with the periodic reporting requirements of paragraph (d) of this section. (g) An owner or operator who elects to comply with § 63.119(e) by installing a closed vent system and control device shall submit, as part of the next Periodic Report required by § 63.152(c), the information specified in paragraphs (g)(1) through (4) of this section. (1) As required by § 63.120(d)(4) and (e)(3), the Periodic Report shall include the information specified in paragraphs (g)(1)(i) through (iii) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of § 63.119 (e)(1) or (2), as applicable. (i) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods. (ii) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of § 63.119 (e)(1) or (2), as applicable, due to planned routine maintenance. (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), for each storage vessel for which planned routine maintenance was performed during the previous 6 months, report the identification of the storage vessel and the height of the liquid in the storage vessel at the time the control device is bypassed to conduct the planned routine maintenance and at the time the control device is placed back in service after completing the routine maintenance. These reports shall include the date and time the liquid height was measured. (2) If a control device other than a flare is used, the Periodic Report shall describe each occurrence when the monitored parameters were outside of the parameter ranges documented in the Notification of Compliance Status in accordance with § 63.120(d)(3)(i). The description shall include the information specified in paragraphs (g)(2)(i) and (ii) of this section. (i) Identification of the control device for which the measured parameters were outside of the established ranges, the date, and the parameter that was outside of the established ranges, and (ii) Cause for the measured parameters to be outside of the established ranges. (3) Except as specified in paragraph (a) of § 63.108, if a flare is used, the Periodic Report shall describe each occurrence when the flare does not meet the general control device requirements specified in § 63.11(b) and shall include the information specified in paragraphs (g)(3)(i) and (ii) of this section. (i) Identification of the flare which does not meet the general requirements specified in § 63.11(b), and (ii) Reason the flare did not meet the general requirements specified in § 63.11(b). (4) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.120(d)(1)(iii), the owner or operator must report the date of each instance when breakthrough, as defined in § 63.101, is detected between the first and second adsorber and the adsorber is not replaced according to § 63.120(d)(1)(iii)(C)( 1 (h) An owner or operator who elects to comply with § 63.119 (b), (c), or (d) of this subpart shall submit, as applicable, the reports specified in paragraphs (h)(1) and (h)(2) of this section. (1) In order to afford the Administrator the opportunity to have an observer present, the owner or operator shall notify the Administrator of the refilling of a storage vessel that has been emptied and degassed. (i) If the storage vessel is equipped with an internal floating roof as specified in § 63.119(b) of this subpart, the notification shall meet the requirements of either § 63.120 (a)(5) or (a)(6) of this subpart, as applicable. (ii) If the storage vessel is equipped with an external floating roof as specified in § 63.119(c) of this subpart, the notification shall meet the requirements of either § 63.120 (b)(10)(ii) or (b)(10)(iii) of this subpart, as applicable. (iii) If the storage vessel is equipped with an external floating roof converted into an internal floating roof as specified in § 63.119(d) of this subpart, the notification shall meet the requirements of either § 63.120 (a)(5) or (a)(6) of this subpart, as applicable. (2) In order to afford the Administrator the opportunity to have an observer present, the owner or operator of a storage vessel equipped with an external floating roof as specified in § 63.119(c) of this subpart shall notify the Administrator of any seal gap measurements. This notification shall meet the requirements of § 63.120(b)(9) of this subpart. (i) For pressure vessels subject to the requirements of § 63.119(a)(7), if you obtain an instrument reading greater than 500 ppmv of a leak when monitoring a pressure vessel in accordance with § 63.119(a)(7)(ii), then the Periodic Report must include an identification of the pressure vessel and a copy of the records specified in § 63.123(b)(2). [59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997; 89 FR 43192, May 16, 2024] § 63.123 Storage vessel provisions—recordkeeping. (a) Each owner or operator of a Group 1 or Group 2 storage vessel shall keep readily accessible records showing the dimensions of the storage vessel and an analysis showing the capacity of the storage vessel. This record shall be kept as long as the storage vessel retains Group 1 or Group 2 status and is in operation. For each Group 2 storage vessel, the owner or operator is not required to comply with any other provisions of §§ 63.119 through 63.123 of this subpart other than those required by this paragraph unless such vessel is part of an emissions average as described in § 63.150 of this subpart. (b) Each owner or operator of a pressure vessel subject to the requirements of § 63.119(a)(7) shall keep readily accessible records as specified in paragraphs (b)(1) and (2) of this section. (1) The date of each performance test conducted according to § 63.119(a)(7)(ii). (2) The record of each performance test conducted according to § 63.119(a)(7)(ii), including the following: (i) Date each defect was detected and the instrument reading (in ppmv) during the performance test. (ii) Date of the next performance test that shows the instrument reading is less than 500 ppmv and the instrument reading (in ppmv) during the performance test. (iii) Start and end dates of each period after the date in paragraph (b)(2)(i) of this section when the pressure vessel was completely empty. (iv) Estimated emissions from each defect. (c) An owner or operator who elects to comply with § 63.119(b) of this subpart shall keep a record that each inspection required by § 63.120(a) of this subpart was performed. (d) An owner or operator who elects to comply with § 63.119(c) of this subpart shall keep records describing the results of each seal gap measurement made in accordance with § 63.120(b) of this subpart. The records shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b) (3) and (4) of this subpart. (e) An owner or operator who elects to comply with § 63.119(d) of this subpart shall keep a record that each inspection required by § 63.120 (a) and (c) of this subpart was performed. (f) An owner or operator who elects to comply with § 63.119(e) of this subpart shall keep in a readily accessible location the records specified in paragraphs (f)(1) and (f)(2) of this section. (1) A record of the measured values of the parameters monitored in accordance with § 63.120(d)(5) of this subpart. (2) A record of the planned routine maintenance performed on the control device including the duration of each time the control device does not meet the specifications of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, due to the planned routine maintenance. Such a record shall include the information specified in paragraphs (f)(2)(i) and (f)(2)(ii) of this section. (i) The first time of day and date the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, were not met at the beginning of the planned routine maintenance, and (ii) The first time of day and date the requirements of § 63.119 (e)(1) or (e)(2) of this subpart, as applicable, were met at the conclusion of the planned routine maintenance. (g) An owner or operator who elects to utilize an extension in emptying a storage vessel in accordance with § 63.120 (a)(4), (b)(7)(ii), or (b)(8) of this subpart shall keep in a readily accessible location, the documentation specified in § 63.120 (a)(4), (b)(7)(ii), or (b)(8), as applicable. (h) An owner or operator who uses the bypass provisions of § 63.119(f)(3) shall keep in a readily accessible location the records specified in paragraphs (h)(1) through (3) of this section. (1) The reason it was necessary to bypass the process equipment or fuel gas system; (2) The duration of the period when the process equipment or fuel gas system was bypassed; (3) Documentation or certification of compliance with the applicable provisions of § 63.119(f)(3)(i) through (iv). (i) An owner or operator who elects to comply with § 63.119(g) shall keep the records specified in paragraphs (i)(1) through (3) of this section. (1) A record of the U.S. Department of Transportation certification required by § 63.119(g)(2). (2) A record of the pressure relief vent setting specified in § 63.119(g)(5). (3) If complying with § 63.119(g)(6)(ii), keep the records specified in paragraphs (i)(3)(i) and (ii) of this section. (i) A record of the equipment to be used and the procedures to be followed when reloading the railcar, tank truck, or barge and displacing vapors to the storage vessel from which the liquid originates. (ii) A record of each time the vapor balancing system is used to comply with § 63.119(g)(6)(ii). (j) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.120(d)(1)(iii), the owner or operator must keep the applicable records specified in (j)(1) through (3) of this section. (1) Breakthrough limit and bed life established according to § 63.120(d)(1)(iii)(A). (2) Each outlet HAP or TOC concentration measured according to § 63.120(d)(1)(iii)(B) and (C). (3) Date and time you last replaced the adsorbent. (k) For storage vessels in ethylene oxide service, subject to the requirements of § 63.124, owners and operators must keep the records specified in paragraphs (k)(1) and (2) of this section in addition to those records specified elsewhere in this section. (1) For storage vessels in ethylene oxide service, records of the concentration of ethylene oxide of the fluid stored in each storage vessel. (2) If emissions are vented through a closed-vent system to a non-flare control device, then the owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.124(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. [59 FR 19468, Apr. 22, 1996, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2748, Jan. 17, 1997; 69 FR 76863, Dec. 23, 2004; 89 FR 43193, May 16, 2024] § 63.124 Process vents and storage vessels that are in ethylene oxide service—procedures to determine compliance. This section applies beginning no later than the compliance dates specified in § 63.100(k)(11). In order to demonstrate compliance with the emission limits and work practice standards specified in § 63.113(j) (for process vents in ethylene oxide service) and § 63.119(a)(5) (for storage vessels in ethylene oxide service), owners and operators must meet the requirements specified in paragraphs (a) and (b) of this section. (a) For initial compliance, owners and operators must comply with paragraphs (a)(1) through (4) of this section, as applicable. (1) If an owner or operator chooses to reduce emissions of ethylene oxide by venting emissions through a closed vent system to a flare as specified in § 63.113(j)(1) or § 63.119(a)(5)(i), then the owner or operator must comply with § 63.148 and conduct the initial visible emissions demonstration required by § 63.670(h) as specified in § 63.108. (2) If an owner or operator chooses to reduce emissions of ethylene oxide by venting emissions through a closed vent system to a non-flare control device that reduces ethylene oxide by greater than or equal to 99.9 percent by weight as specified in § 63.113(j)(2) or § 63.119(a)(5)(ii), then the owner or operator must comply with § 63.148 and paragraphs (a)(2)(i) through (viii) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the percent reduction requirement at the inlet and outlet of the control device. For purposes of compliance with this paragraph, owners and operators may not use a design evaluation. This paragraph does not apply if the conditions specified in paragraphs (a)(2)(i)(A) through (D) of this section are met for a previously conducted measurement or performance test. (A) No changes have been made to the process since the time of the measurement or performance test; (B) The operating conditions and test methods used during measurement or performance test conform to the ethylene oxide related requirements of this subpart; (C) The control device and process parameter values established during the previously conducted measurement or performance test are used to demonstrate continuous compliance with the ethylene oxide related requirements of this subpart; and (D) The previously conducted measurement or performance test was completed within the last 60 months. (ii) Conduct the performance test according to the procedures in § 63.116(c). Except as specified in § 63.109(a)(6), use Method 18 of appendix A-6 to part 60 of this chapter or Method 320 of appendix A to this part to determine the ethylene oxide concentration. Use Method 1 or 1A of appendix A-1 to part 60 of this chapter to select the sampling sites at each sampling location. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of appendix A-2 to part 60 of this chapter. Use Method 4 of appendix A-3 to part 60 of this chapter convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of ethylene oxide entering the control device and exiting the control device using equations 1 and 2 to this paragraph. Equations 1 and 2 to Paragraph (a)(2)(iii) E ,inlet ,inlet inlet E ,outlet ,outlet outlet Where: E ,inlet ,outlet C ,inlet ,outlet M = Molecular weight of ethylene oxide, 44.05 grams per gram-mole. Q inlet outlet K = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram per gram) (minutes per hour), where standard temperature (gram-mole per standard cubic meter) is 20 °C. (iv) Calculate the percent reduction from the control device using equation 3 to this paragraph. An owner or operator has demonstrated initial compliance with § 63.113(j)(2) or § 63.119(a)(5)(ii) if the overall reduction of ethylene oxide is greater than or equal to 99.9 percent by weight. Equation 3 to Paragraph (a)(2)(iv) Percent reduction = (E ,inlet ,outlet ,inlet Where: E ,inlet ,outlet (v) If a new control device is installed, then conduct a performance test of the new device following the procedures in paragraphs (a)(2)(i) through (iv) of this section. (vi) If an owner or operator vents emissions through a closed vent system to a scrubber with a reactant tank, then the owner or operator must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vi)(A) through (C) of this section during the performance test. (A) Scrubber liquid-to-gas ratio (L/G), determined from the total scrubber liquid inlet flow rate and the inlet or exit gas flow rate. Determine the average L/G during the performance test as the average of the test run averages. Alternatively, separately monitor the total scrubber liquid flow rate and gas flow rate through the scrubber. Determine the average total scrubber liquid flow rate and gas flow through the scrubber as the average of the test run averages. (B) Scrubber liquid pH of the liquid in the reactant tank. The pH may be measured at any point between the discharge from the scrubber column and the inlet to the reactant tank. Determine the average pH during the performance test as the average of the test run averages. (C) Temperature of the scrubber liquid entering the scrubber column. The temperature may be measured at any point after the heat exchanger and prior to entering the top of the scrubber column. Determine the average inlet scrubber liquid temperature as the average of the test run averages. (vii) If an owner or operator vents emissions through a closed vent system to a thermal oxidizer, then the owner or operator must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vii)(A) and (B) of this section during the performance test. (A) Combustion chamber temperature. Determine the average combustion chamber temperature during the performance test as the average of the test run averages. (B) Flue gas flow rate. Determine the average flue gas flow rate during the performance test as the average of the test run averages. (viii) If an owner or operator vents emissions through a closed vent system to a control device other than a flare, scrubber with a reactant tank, or thermal oxidizer, then the owner or operator must notify the Administrator of the operating parameters that are planned to be monitored during the performance test prior to establishing operating parameter limits for the control device. (3) If an owner or operator chooses to reduce emissions of ethylene oxide by venting emissions through a closed vent system to a non-flare control device that reduces ethylene oxide to less than 1 ppmv as specified in § 63.113(j)(2) or § 63.119(a)(5)(ii), then the owner or operator must comply with § 63.148 and either paragraph (a)(3)(i) or (ii) of this section. (i) Install a continuous emissions monitoring system (CEMS) to continuously monitor the ethylene oxide concentration at the exit of the control device. The CEMS must meet the requirements of either paragraph (a)(3)(i)(A) or (B) of this section. Comply with the requirements specified in § 63.2450(j) for CEMS. (A) An FTIR CEMS meeting the requirements of Performance Specification 15 of appendix B to part 60 of this chapter. (B) A gas chromatographic CEMS meeting the requirements of Performance Specification 9 of appendix B to part 60 of this chapter. (ii) If the owner or operator does not install a CEMS under paragraph (a)(3)(i) of this section, then the owner or operator must comply with paragraphs (a)(3)(ii)(A) through (C) of this section. (A) Conduct an initial performance test at the outlet of the control device that is used to comply with the concentration requirement. (B) Conduct the performance test according to the procedures in § 63.116(c). Except as specified in § 63.109(a)(6), use Method 18 of appendix A-6 to part 60 of this chapter or Method 320 of appendix A to this part to determine the ethylene oxide concentration. If the non-flare control device is a combustion device, correct the ethylene oxide concentration to 3 percent oxygen according to § 63.116(c)(iii)(B), except “TOC or organic HAP” and “TOC (minus methane and ethane) or organic HAP” in the Variables C c m (C) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (4) If owners and operators choose to reduce emissions of ethylene oxide by venting emissions through a closed vent system to a non-flare control device that reduces ethylene oxide to less than 5 pounds per year for all combined process vents within the process as specified in § 63.113(j)(2), then the owner or operator must comply with § 63.148 and paragraphs (a)(4)(i) through (iv) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the mass emission limit requirement at the outlet of the control device. (ii) Conduct the performance test according to the procedures in § 63.116(c). Except as specified in § 63.109(a)(6), use Method 18 of appendix A-6 to part 60 of this chapter or Method 320 of appendix A to this part to determine the ethylene oxide concentration. Use Method 1 or 1A of appendix A-1 to part 60 of this chapter to select the sampling site. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. Use Method 4 of appendix A-3 to part 60 of this chapter to convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of ethylene oxide exiting the control device using Equation 2 to paragraph (a)(2)(iii) of this section. An owner or operator has demonstrated initial compliance with § 63.113(j)(2) if the ethylene oxide from all process vents (controlled and uncontrolled) within the process is less than 5 pounds per year when combined. (iv) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (b) For continuous compliance, owners and operators must comply with paragraphs (b)(1) through (6) of this section, as applicable. (1) If an owner or operator chooses to reduce emissions of ethylene oxide by venting emissions through a closed vent system to a flare as specified in § 63.113(j)(1) or § 63.119(a)(5)(i), then the owner or operator must comply with §§ 63.148 and 63.108. (2) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a non-flare control device that reduces ethylene oxide to less than 1 ppmv as specified in § 63.113(j)(2) or § 63.119(a)(5)(ii), and you choose to comply with paragraph (a)(3)(i) of this section, then continuously monitor the ethylene oxide concentration at the exit of the control device using an FTIR CEMS meeting the requirements of Performance Specification 15 of appendix B to part 60 of this chapter and § 63.2450(j). If an owner or operator uses an FTIR CEMS, then the owner or operator does not need to conduct the performance testing required in paragraph (b)(3) of this section or the operating parameter monitoring required in paragraphs (b)(4) through (6) of this section. (3) Conduct a performance test no later than 60 months after the previous performance test and reestablish operating parameter limits following the procedures in paragraph (a)(2) through (4) of this section. The Administrator may request a repeat performance test at any time. For purposes of compliance with this paragraph, owners and operators may not use a design evaluation. (4) If an owner or operator vents emissions through a closed vent system to a scrubber with a reactant tank, then the owner or operator must comply with § 63.148 and meet the operating parameter limits specified in paragraphs (b)(4)(i) through (v) of this section. (i) Minimum scrubber liquid-to-gas ratio (L/G), equal to the average L/G measured during the most recent performance test. Determine total scrubber liquid inlet flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 1.9 liters per minute (0.5 gallons per minute), whichever is greater. Determine gas flow rate at either the inlet or the exit of the scrubber with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater. If gas flow rate is determined at the inlet of the scrubber, ensure that all gas flow through the scrubber is accounted for at the measurement location. Compliance with the minimum L/G operating limit must be determined continuously on a 1-hour block basis. Alternatively, minimum total scrubber liquid flow rate, equal to the average total scrubber liquid inlet flow rate measured during the most recent performance test, and maximum gas flow rate through the scrubber, equal to the average gas flow rate through the scrubber during the most recent performance test. Compliance with the total scrubber liquid flow rate and gas flow rate through the scrubber must be determined continuously on a 1-hour block basis. (ii) Maximum scrubber liquid pH of the liquid in the reactant tank, equal to the average pH measured during the most recent performance test. Compliance with the pH operating limit must be determined continuously on a 1-hour block basis. Use a pH sensor with a minimum accuracy of ±0.2 pH units. (iii) Pressure drop across the scrubber column, within the pressure drop range specified by the manufacturer or established based on engineering analysis. Compliance with the pressure drop operating limit must be determined continuously on a 1-hour block basis. Use pressure sensors with a minimum accuracy of ±5 percent over the normal operating range or 0.12 kilopascals, whichever is greater. (iv) Maximum temperature of the scrubber liquid entering the scrubber column, equal to the average temperature measured during the most recent performance test. Compliance with the inlet scrubber liquid temperature operating limit must be determined continuously on a 1-hour block basis. Use a temperature sensor with a minimum accuracy of ±1 percent over the normal range of the temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. (v) Liquid feed pressure to the scrubber column within the feed pressure range specified by the manufacturer or established based on engineering analysis. Compliance with the liquid feed pressure operating limit must be determined continuously on a 1-hour block basis. Use a pressure sensor with a minimum accuracy of ±5 percent over the normal operating range or 0.12 kilopascals, whichever is greater. (5) If an owner or operator vents emissions through a closed vent system to a thermal oxidizer, then the owner or operator must comply with § 63.148, and the owner or operator must meet the operating parameter limits specified in paragraphs (b)(5)(i) and (ii) of this section and the requirements in paragraph (b)(5)(iii) of this section. (i) Minimum combustion chamber temperature, equal to the average combustion chamber temperature measured during the most recent performance test. Determine combustion chamber temperature with a temperature sensor with a minimum accuracy of at least ±1 percent over the normal range of temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. Compliance with the minimum combustion chamber temperature operating limit must be determined continuously on a 1-hour block basis. (ii) Maximum flue gas flow rate, equal to the average flue gas flow rate measured during the most recent performance test. Determine flue gas flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater. Compliance with the maximum flue gas flow rate operating limit must be determined continuously on a 1-hour block basis. (iii) The owner or operator must maintain the thermal oxidizer in accordance with good combustion practices that ensure proper combustion. Good combustion practices include, but are not limited to, proper burner maintenance, proper burner alignment, proper fuel to air distribution and mixing, routine inspection, and preventative maintenance. (6) If an owner or operator vents emissions through a closed vent system to a control device other than a flare, scrubber with a reactant tank, or thermal oxidizer, then the owner or operator must comply with § 63.148, and the owner or operator must monitor the operating parameters identified in paragraph (a)(2)(viii) of this section and meet the established operating parameter limits to ensure continuous compliance. The frequency of monitoring and averaging time will be determined based upon the information provided to the Administrator. [89 FR 43193, May 16, 2024] § 63.125 [Reserved] § 63.126 Transfer operations provisions—reference control technology. (a) For each Group 1 transfer rack the owner or operator shall equip each transfer rack with a vapor collection system and control device. (1) Each vapor collection system shall be designed and operated to collect the organic hazardous air pollutants vapors displaced from tank trucks or railcars during loading, and to route the collected hazardous air pollutants vapors to a process, or to a fuel gas system, or to a control device as provided in paragraph (b) of this section. (2) Each vapor collection system shall be designed and operated such that organic HAP vapors collected at one loading arm will not pass through another loading arm in the rack to the atmosphere. (3) Whenever organic hazardous air pollutants emissions are vented to a process, fuel gas system, or control device used to comply with the provisions of this subpart, the process, fuel gas system, or control device shall be operating. (b) For each Group 1 transfer rack the owner or operator shall comply with paragraph (b)(1), (b)(2), (b)(3), or (b)(4) of this section. (1) Use a control device to reduce emissions of total organic hazardous air pollutants by 98 weight-percent or to an exit concentration of 20 parts per million by volume. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, corrected to 3-percent oxygen. If a boiler or process heater is used to comply with the percent reduction requirement, then the vent stream shall be introduced into the flame zone of such a device. Compliance may be achieved by using any combination of combustion, recovery, and/or recapture devices. (2) Reduce emissions of organic HAP's using a flare. (i) Except as specified in § 63.108(a), the flare shall comply with the requirements of § 63.11(b). (ii) Halogenated vent streams, as defined in § 63.111 of this subpart, shall not be vented to a flare. (3) Reduce emissions of organic hazardous air pollutants using a vapor balancing system designed and operated to collect organic hazardous air pollutants vapors displaced from tank trucks or railcars during loading; and to route the collected hazardous air pollutants vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected to a common header, or to compress and route to a process collected hazardous air pollutants vapors. (4) Route emissions of organic hazardous air pollutants to a fuel gas system or to a process where the organic hazardous air pollutants in the emissions shall predominantly meet one of, or a combination of, the ends specified in paragraphs (b)(4)(i) through (b)(4)(iv) of this section. (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not organic hazardous air pollutants; (iii) Incorporated into a product; and/or (iv) Recovered. (c) For each Group 2 transfer rack, the owner or operator shall maintain records as required in § 63.130(f). No other provisions for transfer racks apply to the Group 2 transfer rack. (d) Halogenated emission streams from Group 1 transfer racks that are combusted shall be controlled according to paragraph (d)(1) or (d)(2) of this section. Determination of whether a vent stream is halogenated shall be made using procedures in (d)(3). (1) If a combustion device is used to comply with paragraph (b)(1) of this section for a halogenated vent stream, then the vent stream exiting the combustion device shall be ducted to a halogen reduction device, including, but not limited to, a scrubber before it is discharged to the atmosphere. (i) Except as provided in paragraph (d)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111, by 99 percent or shall reduce the outlet mass emission rate of total hydrogen halides and halogens to 0.45 kilograms per hour or less. (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens, as defined in § 63.111, by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilograms per hour. (2) A halogen reduction device, such as a scrubber, or other technique may be used to make the vent stream non-halogenated by reducing the vent stream halogen atom mass emission rate to less than 0.45 kilograms per hour prior to any combustion control device used to comply with the requirements of paragraphs (b)(1) or (b)(2) of this section. (3) In order to determine whether a vent stream is halogenated, the mass emission rate of halogen atoms contained in organic compounds shall be calculated. (i) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume by compound) shall be determined based on the following procedures: (A) Process knowledge that no halogen or hydrogen halides are present in the process, or (B) Applicable engineering assessment as specified in § 63.115(d)(1)(iii), or (C) Concentration of organic compounds containing halogens measured by Method 18 of appendix A to part 60 of this chapter, (D) Any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part, or (E) ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18 of appendix A-6 to part 60 of this chapter, if the target compounds are all known and are all listed in section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (ii) The following equation shall be used to calculate the mass emission rate of halogen atoms: where: E = Mass of halogen atoms, dry basis, kilograms per hour. K 2 −6 −1 C j M ji L ji V s j = Halogenated compound j in the gas stream. i = Halogen atom i in compound j of the gas stream. n = Number of halogenated compounds j in the gas stream. m = Number of different halogens i in each compound j of the gas stream. (e) For each Group 1 transfer rack the owner or operator shall load organic HAP's into only tank trucks and railcars which: (1) Have a current certification in accordance with the U. S. Department of Transportation pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or (2) Have been demonstrated to be vapor-tight within the preceding 12 months, as determined by the procedures in § 63.128(f) of this subpart. Vapor-tight means that the truck or railcar tank will sustain a pressure change of not more than 750 pascals within 5 minutes after it is pressurized to a minimum of 4,500 pascals. (f) The owner or operator of a transfer rack subject to the provisions of this subpart shall load organic HAP's to only tank trucks or railcars equipped with vapor collection equipment that is compatible with the transfer rack's vapor collection system. (g) The owner or operator of a transfer rack subject to this subpart shall load organic HAP's to only tank trucks or railcars whose collection systems are connected to the transfer rack's vapor collection systems. (h) Except as specified in paragraph (h)(1) of this section, the owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure-relief device in the transfer rack's vapor collection system or in the organic hazardous air pollutants loading equipment of each tank truck or railcar shall begin to open during loading. Pressure relief devices needed for safety purposes are not subject to this paragraph (h). (1) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), this paragraph (h) does not apply. Instead, pressure relief devices are subject to the requirements specified in § 63.165(e). (2) [Reserved] (i) Each valve in the vent system that would divert the vent stream to the atmosphere, either directly or indirectly, shall be secured in a non-diverting position using a carseal or a lock-and-key type configuration, or shall be equipped with a flow indicator. Except as specified in paragraph (i)(1) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief devices needed for safety purposes is not subject to this paragraph (i). (1) For each source as defined in § 63.101, on and after July 15, 2027, the last sentence in paragraph (i) of this section no longer applies. Instead, the exemptions specified in paragraphs (i)(1)(i) and (ii) of this section apply. (i) Except for pressure relief devices subject to § 63.165(e)(4) of subpart H of this part, equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (i). (ii) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in § 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as § 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (i). (2) [Reserved] [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997; 89 FR 43196, May 16, 2024] § 63.127 Transfer operations provisions—monitoring requirements. (a) Each owner or operator of a Group 1 transfer rack equipped with a combustion device used to comply with the 98 percent total organic hazardous air pollutants reduction or 20 parts per million by volume outlet concentration requirements in § 63.126(b)(1) of this subpart shall install, calibrate, maintain, and operate according to the manufacturers' specifications (or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately) the monitoring equipment specified in paragraph (a)(1), (a)(2), (a)(3), or (a)(4) of this section, as appropriate. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used, except as specified in § 63.108(a), a device (including but not limited to a thermocouple, infrared sensor, or an ultra-violet beam sensor) capable of continuously detecting the presence of a pilot flame is required. (3) Where a boiler or process heater with a design heat input capacity less than 44 megawatts is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all vent streams are introduced with the primary fuel or are used as the primary fuel is exempt from this requirement. (4) Where a scrubber is used with an incinerator, boiler, or process heater in the case of halogenated vent streams, the following monitoring equipment is required for the scrubber: (i) A pH monitoring device equipped with a continuous recorder shall be installed to monitor the pH of the scrubber effluent. (ii) A flow meter equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the procedures specified in paragraphs (a)(4)(ii)(A) through (a)(4)(ii)(C) of this section. (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop. (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart specified in § 63.100(k) of subpart F of this part, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method which will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method which will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than start-ups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 63.103(c). For each source as defined in § 63.101, on and after July 15, 2027, the phrase “other than start-ups, shutdowns, or malfunctions” in this paragraph no longer applies. (b) Each owner or operator of a Group 1 transfer rack that uses a recovery device or recapture device to comply with the 98-percent organic hazardous air pollutants reduction or 20 parts per million by volume hazardous air pollutants concentration requirements in § 63.126(b)(1) of this subpart shall install either an organic monitoring device equipped with a continuous recorder, or the monitoring equipment specified in paragraph (b)(1), (b)(2), or (b)(3) of this section, depending on the type of recovery device or recapture device used. All monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (1) Where an absorber is used, a scrubbing liquid temperature monitoring device equipped with a continuous recorder shall be used; and a specific gravity monitoring device equipped with a continuous recorder shall be used. (2) Where a condenser is used, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder shall be used. (3) Except as specified in paragraph (b)(4) of this section, where a carbon adsorber is used, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle shall be used. (4) Beginning no later than the compliance dates specified in § 63.100(k)(10), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (b)(4)(iii)(B) of this section. The owner or operator must measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of appendix A-7 to part 60 of this chapter using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of part 60, appendix A-7, using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (b)(4)(iii)(A) of this section and comply with the monitoring frequency according to paragraph (b)(4)(iii)(B) of this section. (A) The first adsorber in series must be replaced immediately when breakthrough, as defined in § 63.101, is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph, “immediately” means within 8 hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. The owner or operator must monitor at the outlet of the first adsorber within 3 days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (b)(4)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than 2 months of life remaining, at least weekly if the adsorbent has between 2 months and 2 weeks of life remaining, and at least daily if the adsorbent has 2 weeks or less of life remaining. (c) An owner or operator of a Group 1 transfer rack may request approval to monitor parameters other than those listed in paragraph (a) or (b) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) or § 63.152(e) of this subpart. Approval shall be requested if the owner or operator: (1) Seeks to demonstrate compliance with the standards specified in § 63.126(b) of this subpart with a control device other than an incinerator, boiler, process heater, flare, absorber, condenser, or carbon adsorber; or (2) Uses one of the control devices listed in paragraphs (a) and (b) of this section, but seeks to monitor a parameter other than those specified in paragraphs (a) and (b) of this subpart. (d) The owner or operator of a Group 1 transfer rack using a closed vent system that contains bypass lines that could divert a vent stream flow away from the control device used to comply with § 63.126(b) shall comply with paragraph (d)(1) or (2) and (d)(3) of this section. Except as specified in paragraph (d)(3) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.130(b). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (2) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. (i) A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. (ii) If a car-seal has been broken or a valve position changed, the owner or operator shall record that the vent stream has been diverted. The car-seal or lock-and-key combination shall be returned to the secured position as soon as practicable but not later than 15 calendar days after the change in position is detected. (3) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission standards in § 63.112) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) The last sentence in paragraph (d) of this section no longer applies. Instead, the exemptions specified in paragraph (d)(3)(ii)(A) and (B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4), equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (d). (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in § 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as § 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (d). (e) The owner or operator shall establish a range that indicates proper operation of the control device for each parameter monitored under paragraphs (a), (b), and (c) of this section. In order to establish the range, the information required in § 63.152(b)(2) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2749, Jan. 17, 1997; 89 FR 43197, May 16, 2024] § 63.128 Transfer operations provisions—test methods and procedures. (a) A performance test is required for determining compliance with the reduction of total organic HAP emissions in § 63.126(b) of this subpart for all control devices except as specified in paragraph (c) of this section. Performance test procedures are as follows: (1) For control devices shared between transfer racks and process vents, the performance test procedures in § 63.116(c) of this subpart shall be followed. (2) A performance test shall consist of three runs. (3) All testing equipment shall be prepared and installed as specified in the appropriate test methods. (4) For control devices shared between multiple arms that load simultaneously, the minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (5) For control devices that are capable of continuous vapor processing but do not meet the conditions in (a)(7)(i)(B) of this section. (A) Sampling sites shall be located at the inlet and outlet of the control device, except as provided in paragraph (a)(7)(i)(B) of this section. (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of paragraph (a)(1) or (a)(4) of this section, each run shall represent at least one complete filling period, during which liquid organic HAP's are loaded, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (6) For intermittent vapor processing systems that do not meet the conditions in paragraph (a)(1) or (a)(4) of this section, each run shall represent at least one complete control device cycle, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (7) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of sampling sites. (i) For an owner or operator complying with the 98-percent total organic HAP reduction requirements in § 63.126(b)(1) of this subpart, sampling sites shall be located as specified in paragraph (a)(7)(i)(A) or (a)(7)(i)(B) of this section. (A) Sampling sites shall be located at the inlet and outlet of the control device, except as provided in paragraph (a)(7)(i)(B) of this section. (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP or TOC (minus methane and ethane) concentrations in all vent streams and primary and secondary fuels introduced into the boiler or process heater. A sampling site shall also be located at the outlet of the boiler or process heater. (ii) For an owner or operator complying with the 20 parts per million by volume limit in § 63.126(b)(1) of this subpart, the sampling site shall be located at the outlet of the control device. (8) The volumetric flow rate, in standard cubic meters per minute at 20 °C, shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A as appropriate. (9) For the purpose of determining compliance with the 20 parts per million by volume limit in § 63.126(b)(1), Method 18 or Method 25A of appendices A-6 and A-7 to part 60 of this chapter, respectively, shall be used to measure either organic compound concentration or organic HAP concentration, except as provided in paragraphs (a)(11) and (12) of this sec (i) If Method 25A of appendix A-7 to part 60 of this chapter is used, the following procedures shall be used to calculate the concentration of organic compounds (C T (A) The principal organic HAP in the vent stream shall be used as the calibration gas. (B) The span value for Method 25A of appendix A-7 to part 60 of this chapter shall be between 1.5 and 2.5 times the concentration being measured. (C) Use of Method 25A of appendix A-7 to part 60 of this chapter is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (D) The concentration of TOC shall be corrected to 3 percent oxygen using the procedures and equation in paragraph (a)(9)(v) of this section. (ii) If Method 18 of appendix A-6 to 40 CFR part 60 is used to measure the concentration of organic compounds or ASTM D6420-18 (incorporated by reference, see § 63.14), the organic compound concentration (CT) is the sum of the individual components and shall be computed for each run using the following equation: Equation 1 to Paragraph (a)(9)(ii) Where: C T C j n = Number of components in the sample. (iii) If an owner or operator uses Method 18 of appendix A-6 to 40 CFR part 60 or ASTM D6420-18 (incorporated by reference, see § 63.14) to compute total organic HAP concentration rather than organic compounds concentration, the equation in paragraph (a)(9)(ii) of this section shall be used except that only organic HAP species shall be summed. The list of organic HAP's is provided in table 2 to subpart F of this part. (iv) Method 3A of appendix A-2 to 40 CFR part 60 or the manual method in ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) shall be used to determine the oxygen concentration. The sampling site shall be the same as that of the organic hazardous air pollutants or organic compound samples, and the samples shall be taken during the same time that the organic hazardous air pollutants or organic compound samples are taken. (v) The organic compound concentration corrected to 3 percent oxygen (Cc) shall be calculated using the following equation: Equation 2 to Paragraph (a)(9)(v) Where: Cc = Concentration of organic compounds corrected to 3 percent oxygen, dry basis, parts per million by volume. C T %O2d = Concentration of oxygen, dry basis, percent by volume. (10) For the purpose of determining compliance with the 98-percent reduction requirement in § 63.126(b)(1), Method 18 or Method 25A of appendices A-6 and A-7 to part 60 of this chapter, respectively, shall be used, except as provided in paragraphs (a)(11) and (12) of this section. (i) For the purpose of determining compliance with the reduction efficiency requirement, organic compound concentration may be measured in lieu of organic HAP concentration. (ii) If Method 25A of appendix A-7 to part 60 of this chapter is used to measure the concentration of organic compounds (C T (A) An emission testing interval shall consist of each 15-minute period during the performance test. For each interval, a reading from each measurement shall be recorded. (B) The average organic compound concentration and the volume measurement shall correspond to the same emissions testing interval. (C) The mass at the inlet and outlet of the control device during each testing interval shall be calculated as follows: Equation 3 to Paragraph (a)(10)(ii)(C) Mj = FKVs C T Where: Mj = Mass of organic compounds emitted during testing interval j, kilograms. Vs = Volume of air-vapor mixture exhausted at standard conditions, 20 °C and 760 millimeters mercury, standard cubic meters. C T K = Density, kilograms per standard cubic meter organic HAP. 659 kilograms per standard cubic meter organic HAP. (Note: The density term cancels out when the percent reduction is calculated. Therefore, the density used has no effect. The density of hexane is given so that it can be used to maintain the units of Mj.) F = 10 -6 -1 (D) The organic compound mass emission rates at the inlet and outlet of the control device shall be calculated as follows: Equations 4 and 5 to Paragraph (a)(10)(ii)(D) Where: E i o M ij oj T = Total time of all testing intervals, hours. n = Number of testing intervals. (iii) If Method 18 of appendix A-6 to 40 CFR part 60 or ASTM D6420-18 (incorporated by reference, see § 63.14) is used to measure organic compounds, the mass rates of organic compounds (Ei, Eo) shall be computed using the following equations: Equations 6 and 7 to Paragraph (a)(10)(iii) Where: C ij oj MW ij oj Q i o K 2 -6 -1 (iv) Where Method 18 or 25A of appendices A-6 and A-7 to part 60 of this chapter, respectively, or ASTM D6420-18 (incorporated by reference, see § 63.14) is used to measure the percent reduction in organic compounds, the percent reduction across the control device shall be calculated as follows: Equation 8 to Paragraph (a)(10)(iv) Where: R = Control efficiency of control device, percent. E i E o (11) The owner or operator may use any methods or data other than Method 18 or Method 25A of 40 CFR part 60, appendix A, if the method or data has been validated according to Method 301 of appendix A of this part. (12) ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18 of appendix A-6 to part 60 of this chapter, if the target compounds are all known and are all listed in section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (b) Except as specified in § 63.108(a), when a flare is used to comply with § 63.126(b)(2), the owner or operator shall comply with paragraphs (b)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). The observation period shall be as specified in paragraph (b)(1)(i) or (ii) of this section instead of the 2-hour period specified in § 63.11(b)(4). (i) If the loading cycle is less than 2 hours, then the observation period for that run shall be for the entire loading cycle. (ii) If additional loading cycles are initiated within the 2-hour period, then visible emission observations shall be conducted for the additional cycles. (2) Determine the net heating value of the gas being combusted, using the techniques specified in § 63.11(b)(6). (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. (c) An owner or operator is not required to conduct a performance test when any of the conditions specified in paragraphs (c)(1) through (c)(7) of this section are met. (1) When a boiler or process heater with a design heat input capacity of 44 megawatts or greater is used. (2) When a boiler or process heater burning hazardous waste is used for which the owner or operator: (i) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 266, subpart H, of this chapter; (ii) Has certified compliance with the interim status requirements of part 266, subpart H, of this chapter; (iii) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (iv) Complies with subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (3) When emissions are routed to a fuel gas system or when a boiler or process heater is used and the vent stream is introduced with the primary fuel. (4) When a vapor balancing system is used. (5) When emissions are recycled to a chemical manufacturing process unit. (6) When a transfer rack transfers less than 11.8 million liters per year and the owner or operator complies with the requirements in paragraph (h) of this section or uses a flare to comply with § 63.126(b)(2) of this subpart. (7) When a hazardous waste incinerator is used for which the owner or operator: (i) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 264, subpart O, of this chapter; (ii) Has certified compliance with the interim status requirements of part 265, subpart O, of this chapter; (iii) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements subpart EEE of this part; or (iv) Complies with the requirements subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (d) An owner or operator using a combustion device followed by a scrubber or other halogen reduction device to control a halogenated transfer vent stream in compliance with § 63.126(d) of this subpart shall conduct a performance test to determine compliance with the control efficiency or emission limits for hydrogen halides and halogens. (1) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator complying with the 0.45 kilogram per hour outlet mass emission rate limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to release to the atmosphere. (2) Except as provided in paragraph (d)(5) of this section, Method 26 or 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration in milligrams per dry standard cubic meter of the hydrogen halides and halogens that may be present in the stream. The mass emission rate of each hydrogen halide and halogen compound shall be calculated from the concentrations and the gas stream flow rate. (3) To determine compliance with the percent emissions reduction limit, the mass emission rate for any hydrogen halides and halogens present at the scrubber inlet shall be summed together. The mass emission rate of the compounds present at the scrubber outlet shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements. (4) To demonstrate compliance with the 0.45 kilograms per hour mass emission rate limit, the test results must show that the mass emission rate of the total hydrogen halides and halogens measured at the scrubber outlet is below 0.45 kilograms per hour. (5) The owner or operator may use any other method or data to demonstrate compliance if the method or data has been validated according to the protocol of Method 301 of appendix A of this part. (e) The owner or operator shall inspect the vapor collection system and vapor balancing system, according to the requirements for vapor collection systems in § 63.148 of this subpart. (1) Inspections shall be performed only while a tank truck or railcar is being loaded. (2) For vapor collection systems only, an inspection shall be performed prior to each performance test required to demonstrate compliance with § 63.126(b)(1) of this subpart. (3) For each vapor collection system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart. (f) For the purposes of demonstrating vapor tightness to determine compliance with § 63.126(e)(2) of this subpart, the following procedures and equipment shall be used: (1) The pressure test procedures specified in Method 27 of 40 CFR part 60, appendix A; and (2) A pressure measurement device which has a precision of ±2.5 millimeters of mercury or better and which is capable of measuring above the pressure at which the tank truck or railcar is to be tested for vapor tightness. (g) An owner or operator using a scrubber or other halogen reduction device to reduce the vent stream halogen atom mass emission rate to less than 0.45 kilograms per hour prior to a combustion device used to comply with § 63.126(d)(2) shall determine the halogen atom mass emission rate prior to the combustor according to the procedures in paragraph (d)(3) of this section. (h) For transfer racks that transfer less than 11.8 million liters per year of liquid organic HAP's, the owner or operator may comply with the requirements in paragraphs (h)(1) through (h)(3) of this section instead of the requirements in paragraph (a) or (b) of this section. (1) The owner or operator shall prepare, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, a design evaluation that shall document that the control device being used achieves the required control efficiency during reasonably expected maximum loading conditions. This documentation is to include a description of the gas stream which enters the control device, including flow and organic HAP content, and the information specified in paragraphs (h)(1)(i) through (h)(1)(v) of this section, as applicable. (i) If the control device receives vapors, gases, or liquids, other than fuels, from emission points other than transfer racks subject to this subpart, the efficiency demonstration is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device. (ii) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 degrees Celsius is used to meet the 98-percent emission reduction requirement, documentation that those conditions exist is sufficient to meet the requirements of paragraph (h)(1) of this section. (iii) Except as provided in paragraph (h)(1)(ii) of this section, for thermal incinerators, the design evaluation shall include the autoignition temperature of the organic HAP, the flow rate of the organic HAP emission stream, the combustion temperature, and the residence time at the combustion temperature. (iv) Except as provided in § 63.127(b)(4), for carbon adsorbers, the design evaluation shall include the affinity of the organic HAP vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity of the feed gases, the temperature of the feed gases, the flow rate of the organic HAP emission stream, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included. (v) For condensers, the design evaluation shall include the final temperature of the organic HAP vapors, the type of condenser, and the design flow rate of the organic HAP emission stream. (2) The owner or operator shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the operating range for each monitoring parameter identified for each control device. The specified operating range shall represent the conditions for which the control device can achieve the 98-percent-or-greater emission reduction required by § 63.126(b)(1) of this subpart. (3) The owner or operator shall monitor the parameters specified in the Notification of Compliance Status required in § 63.152(b) of this subpart or operating permit and shall operate and maintain the control device such that the monitored parameters remain within the ranges specified in the Notification of Compliance Status, except as provided in §§ 63.152(c) and 63.152(f) of this subpart. [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2750, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001; 89 FR 43198, May 16, 2024] § 63.129 Transfer operations provisions—reporting and recordkeeping for performance tests and notification of compliance status. (a) Each owner or operator of a Group 1 transfer rack shall: (1) Keep an up-to-date, readily accessible record of the data specified in paragraphs (a)(4) through (a)(8) of this section, as applicable. (2) Include the data specified in paragraphs (a)(4) through (a)(7) of this section in the Notification of Compliance Status report as specified in § 63.152(b) of this subpart. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (3) If any subsequent performance tests are conducted after the Notification of Compliance Status has been submitted, report the data in paragraphs (a)(4) through (a)(7) of this section in the next Periodic Report as specified in § 63.152(c) of this subpart. (4) Record and report the following when using a control device other than a flare to achieve a 98 weight percent reduction in total organic HAP or a total organic HAP concentration of 20 parts per million by volume, as specified in § 63.126(b)(1) of this subpart: (i) The parameter monitoring results for thermal incinerators, catalytic incinerators, boilers or process heaters, absorbers, condensers, or carbon adsorbers specified in table 7 of this subpart, recorded during the performance test, and averaged over the time period of the performance testing. (ii) The percent reduction of total organic HAP or TOC achieved by the control device determined as specified in § 63.128(a) of this subpart, or the concentration of total organic HAP or TOC (parts per million by volume, by compound) determined as specified in § 63.128(a) of this subpart at the outlet of the control device. For combustion devices, the concentration shall be reported on a dry basis corrected to 3 percent oxygen. (iii) The parameters shall be recorded at least every 15 minutes. (iv) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater. (5) Except as specified in paragraph (a) of § 63.108, record and report the following when using a flare to comply with § 63.126(b)(2): (i) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.128(b) of this subpart; and (iii) All periods during the compliance determination when the pilot flame is absent. (6) Record and report the following when using a scrubber following a combustion device to control a halogenated vent stream, as specified in § 63.126(d) of this subpart: (i) The percent reduction or scrubber outlet mass emission rate of total hydrogen halides and halogens determined according to the procedures in § 63.128(d) of this subpart; (ii) The parameter monitoring results for scrubbers specified in table 7 of this subpart, and averaged over the time period of the performance test; and (iii) The parameters shall be recorded at least every 15 minutes. (7) Record and report the halogen concentration in the vent stream determined according to the procedures as specified in § 63.128(d) of this subpart. (8) Report that the emission stream is being routed to a fuel gas system or a process, when complying using § 63.126(b)(4). (b) If an owner or operator requests approval to use a control device other than those listed in table 7 of this subpart or to monitor a parameter other than those specified in table 7 of this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures as required under § 63.151(f) or § 63.152(e) of this subpart. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (c) For each parameter monitored according to table 7 of this subpart or paragraph (b) of this section, the owner or operator shall establish a range for the parameter that indicates proper operation of the control device. In order to establish the range, the information required in § 63.152(b)(2) of this subpart shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. (d) Each owner or operator shall maintain a record describing in detail the vent system used to vent each affected transfer vent stream to a control device. This document shall list all valves and vent pipes that could vent the stream to the atmosphere, thereby bypassing the control device; identify which valves are secured by car-seals or lock-and-key type configurations; and indicate the position (open or closed) of those valves which have car-seals. Except as specified in paragraph (d)(1) of this section, equipment leaks such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph. (1) For each source as defined in § 63.101, on and after July 15, 2027, the last sentence in paragraph (d) of this section no longer applies. Instead, the exemptions specified in paragraph (d)(1)(i) and (d)(1)(ii) of this section apply. (i) Except for pressure relief devices subject to § 63.165(e)(4) of subpart H of this part, equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (d) of this section. (ii) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (d) of this section. (2) [Reserved] (e) An owner or operator meeting the requirements of § 63.128(h) of this subpart shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the information specified in § 63.128(h)(1) of this subpart. (f) An owner or operator meeting the requirements of § 63.128(h) of this subpart shall submit, as part of the Notification of Compliance Status required by § 63.152(b) of this subpart, the operating range for each monitoring parameter identified for each control device. [59 FR 19468, Apr. 22, 1994, as amended at 61 FR 64576, Dec. 5, 1996; 62 FR 2750, Jan. 17, 1997; 64 FR 20191, Apr. 26, 1999; 89 FR 43199, May 16, 2024] § 63.130 Transfer operations provisions—periodic recordkeeping and reporting. (a) Each owner or operator using a control device to comply with § 63.126(b)(1) or (b)(2) of this subpart shall keep the following up-to-date, readily accessible records: (1) While the transfer vent stream is being vented to the control device, continuous records of the equipment operating parameters specified to be monitored under § 63.127, and listed in table 7 of this subpart or specified by the Administrator in accordance with §§ 63.127(c) and 63.129(b). For flares complying with§ 63.11(b), the hourly records and records of pilot flame outages specified in table 7 shall be maintained in place of continuous records. For flares complying with § 63.108, the owner or operator must comply with the recordkeeping requirements specified therein. (2) Records of the daily average value of each monitored parameter for each operating day determined according to the procedures specified in § 63.152(f), except as provided in paragraphs (a)(2)(i) through (a)(2)(iv) of this section. (i) For flares, except as specified in paragraph (a) of § 63.108, records of the times and duration of all periods during which the pilot flame is absent shall be kept rather than daily averages. (ii) If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in table 7 to this subpart shall be kept instead of the daily averages. (iii) Except as specified in paragraph (a)(2)(iv) of this section, records of the duration of all periods when the vent stream is diverted through bypass lines shall be kept rather than daily averages. (iv) For each flow event from a bypass line subject to the requirements in § 63.127(d) for each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must also maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (3) For boilers or process heaters, records of any changes in the location at which the vent stream is introduced into the flame zone as required under the reduction of total organic HAP emissions in § 63.126(b)(1) of this subpart. (b) If a vapor collection system containing valves that could divert the emission stream away from the control device is used, each owner or operator of a Group 1 transfer rack subject to the provisions of § 63.127(d) shall keep up-to-date, readily accessible records of: (1) Hourly records of whether the flow indicator specified under § 63.127(d)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (2) Where a seal mechanism is used to comply with § 63.127(d)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken, as listed in table 7 of this subpart. (3) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (b)(1) and (b)(2) of this section. For each flow event from a bypass line subject to the requirements in § 63.127(d), the owner or operator must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (c) Except as specified in paragraph (a) of § 63.108, each owner or operator of a Group 1 transfer rack who uses a flare to comply with § 63.126(b)(2) shall keep up-to-date, readily accessible records of the flare pilot flame monitoring specified under § 63.127(a)(2). (d) Each owner or operator of a transfer rack subject to the requirements of § 63.126 shall submit to the Administrator Periodic Reports of the following information according to the schedule in § 63.152(c): (1) Reports of daily average values of monitored parameters for all operating days when the daily average values were outside the range established in the Notification of Compliance Status or operating permit. Additionally, report the identification of the transfer rack, the monitored parameter out of range, and the date of such occurrences. (2) Reports of the start date and duration (in hours) of periods when monitoring data are not collected for each excursion caused by insufficient monitoring data as defined in § 63.152(c)(2)(ii)(A). (3) Reports of the start date and time and duration (in hours) of all periods recorded under paragraph (b)(1) of this section when the vent stream was diverted from the control device, and if applicable, the information in paragraph (d)(7) of this section. (4) Reports of the start date and time and duration (in hours) recorded under paragraph (b)(2) of this section when maintenance is performed on car-sealed valves, when the car seal is broken, when the bypass line valve position is changed, or the key for a lock-and-key type configuration has been checked out, and if applicable, the information in paragraph (d)(7) of this section. (5) Except as specified in paragraph (a) of § 63.108, reports of the times and durations of all periods recorded under paragraph (a)(2)(i) of this section in which all pilot flames of a flare were absent. (6) Reports of all carbon bed regeneration cycles during which the parameters recorded under paragraph (a)(2)(ii) of this section were outside the ranges established in the Notification of Compliance Status or operating permit. Include the identification of the carbon bed, the monitored parameter that was outside the established range, and the start date, start time, and duration (in hours) for the regeneration cycle in the report. (7) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (d)(3) and (d)(4) of this section. For bypass lines subject to the requirements in § 63.127(d), the Periodic Report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (e) The owner or operator of a Group 1 transfer rack shall record that the verification of DOT tank certification or Method 27 testing, required in § 63.126(e) of this subpart, has been performed. Various methods for the record of verification can be used, such as: A check off on a log sheet; a list of DOT serial numbers or Method 27 data; or a position description for gate security, showing that the security guard will not allow any trucks on site that do not have the appropriate documentation. (f) Each owner or operator of a Group 1 or Group 2 transfer rack shall record, update annually, and maintain the information specified in paragraphs (f)(1) through (f)(3) of this section in a readily accessible location on site: (1) An analysis demonstrating the design and actual annual throughput of the transfer rack; (2) An analysis documenting the weight-percent organic HAP's in the liquid loaded. Examples of acceptable documentation include but are not limited to analyses of the material and engineering calculations. (3) An analysis documenting the annual rack weighted average HAP partial pressure of the transfer rack. (i) For Group 2 transfer racks that are limited to transfer of organic HAP's with partial pressures less than 10.3 kilopascals, documentation is required of the organic HAP's (by compound) that are transferred. The rack weighted average partial pressure does not need to be calculated. (ii) For racks transferring one or more organic HAP's with partial pressures greater than 10.3 kilopascals, as well as one or more organic HAP's with partial pressures less than 10.3 kilopascals, a rack weighted partial pressure shall be documented. The rack weighted average HAP partial pressure shall be weighted by the annual throughput of each chemical transferred. [59 FR 19468, Apr. 22, 1994, as amended at 62 FR 2750, Jan. 17, 1997; 66 FR 6932, Jan. 22, 2001; 89 FR 43200, May 16, 2024] § 63.131 [Reserved] § 63.132 Process wastewater provisions—general. (a) Existing sources. (1) Determine wastewater streams to be controlled for Table 9 compounds. (i) Comply with paragraph (c) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream. (iii) Comply with paragraph (f) of this section. (2) Requirements for Group 1 wastewater streams. (i) Comply with the applicable requirements for wastewater tanks, surface impoundments, containers, individual drain systems, and oil/water separators as specified in § 63.133 through § 63.137 of this subpart, except as provided in paragraphs (a)(2)(i)(A) through (a)(2)(i)(C) of this section and § 63.138(a)(3). (A) Except as specified in paragraph (a)(2)(i)(C) of this section, the waste management units may be equipped with pressure relief devices that vent directly to the atmosphere provided the pressure relief device is not used for planned or routine venting of emissions. (B) Except as specified in paragraph (a)(2)(i)(C) of this section, the pressure relief device remains in a closed position at all times except when it is necessary for the pressure relief device to open for the purpose of preventing physical damage or permanent deformation of the waste management unit in accordance with good engineering and safety practices. (C) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (a)(2)(i)(A) and (a)(2)(i)(B) of this section do not apply. Instead, pressure relief devices are subject to the requirements specified in § 63.165(e) of subpart H of this part. (ii) Comply with the applicable requirements for control of Table 9 compounds as specified in § 63.138 of this subpart. Alternatively, the owner or operator may elect to comply with the treatment provisions specified in § 63.132(g) of this subpart. (iii) Comply with the applicable monitoring and inspection requirements specified in § 63.143 of this subpart. (iv) Comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146 and 63.147 of this subpart. (3) Requirements for Group 2 wastewater streams. (b) New sources. (1) Determine wastewater streams to be controlled for Table 8 compounds. (i) Comply with paragraph (d) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 8 compounds; or (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream for Table 8 compounds. (iii) Comply with paragraph (f) of this section. (2) Determine wastewater streams to be controlled for Table 9 compounds. (i) Comply with paragraph (c) of this section, determining whether the wastewater stream is Group 1 or Group 2 for Table 9 compounds; or (ii) Comply with paragraph (e) of this section, designating the wastewater stream as a Group 1 wastewater stream. (iii) Comply with paragraph (f) of this section. (3) Requirements for Group 1 wastewater streams. (i) Comply with the applicable requirements for wastewater tanks, surface impoundments, containers, individual drain systems, and oil/water separators specified in the requirements of § 63.133 through § 63.137 of this subpart, except as provided in paragraphs (b)(3)(i)(A) through (b)(3)(i)(C) of this section and § 63.138(a)(3) of this subpart. (A) Except as specified in paragraph (b)(3)(i)(C) of this section, the waste management units may be equipped with pressure relief devices that vent directly to the atmosphere provided the pressure relief device is not used for planned or routine venting of emissions. (B) Except as specified in paragraph (b)(3)(i)(C) of this section, the pressure relief device remains in a closed position at all times except when it is necessary for the pressure relief device to open for the purpose of preventing physical damage or permanent deformation of the waste management unit in accordance with good engineering and safety practices. (C) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraphs (b)(3)(i)(A) and (b)(3)(i)(B) of this section do not apply. Instead, pressure relief devices are subject to the requirements specified in § 63.165(e). (ii) Comply with the applicable requirements for control of Table 8 compounds specified in § 63.138 of this subpart. Alternatively, the owner or operator may elect to comply with the provisions specified in § 63.132(g) of this subpart. (iii) Comply with the applicable monitoring and inspection requirements specified in § 63.143 of this subpart. (iv) Comply with the applicable recordkeeping and reporting requirements specified in §§ 63.146 and 63.147 of this subpart. (4) Requirements for Group 2 wastewater streams. (c) How to determine Group 1 or Group 2 status for Table 9 compounds. (1) A wastewater stream is a Group 1 wastewater stream for Table 9 compounds if: (i) The total annual average concentration of Table 9 compounds is greater than or equal to 10,000 parts per million by weight at any flow rate; (ii) The total annual average concentration of Table 9 compounds is greater than or equal to 1,000 parts per million by weight and the annual average flow rate is greater than or equal to 10 liters per minute; or (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), the process wastewater stream contains ethylene oxide such that it is considered to be in ethylene oxide service, as defined in § 63.101. (2) A wastewater stream is a Group 2 wastewater stream for Table 9 compounds if it is not a Group 1 wastewater stream for Table 9 compounds by the criteria in paragraph (c)(1) of this section. (3) The owner or operator of a Group 2 wastewater shall re-determine group status for each Group 2 stream, as necessary, to determine whether the stream is Group 1 or Group 2 whenever process changes are made that could reasonably be expected to change the stream to a Group 1 stream. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or whenever there is a replacement, removal, or addition of recovery or control equipment. For purposes of this paragraph (c)(3), process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original determination was based. (d) How to determine Group 1 or Group 2 status for Table 8 compounds. (1) A wastewater stream is a Group 1 wastewater stream for Table 8 compounds if: (i) The annual average flow rate is 0.02 liter per minute or greater and the annual average concentration of any individual table 8 compound is 10 parts per million by weight or greater; or (ii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11), the process wastewater stream contains ethylene oxide such that it is considered to be in ethylene oxide service, as defined in § 63.101. (2) A wastewater stream is a Group 2 wastewater stream for Table 8 compounds if it does not meet the criteria specified in paragraph (d)(1)(ii) of this section, and the annual average flow rate is less than 0.02 liter per minute or the annual average concentration for each individual Table 8 compound is less than 10 parts per million by weight. (3) The owner or operator of a Group 2 wastewater shall re-determine group status for each Group 2 stream, as necessary, to determine whether the stream is Group 1 or Group 2 whenever process changes are made that could reasonably be expected to change the stream to a Group 1 stream. Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or whenever there is a replacement, removal, or addition of recovery or control equipment. For purposes of this paragraph (d)(3), process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the range on which the original determination was based. (e) How to designate a Group 1 wastewater stream. (1) From the point of determination for each wastewater stream that is included in the Group 1 designation to the location where the owner or operator elects to designate such wastewater stream(s) as a Group 1 wastewater stream, the owner or operator shall comply with all applicable emission suppression requirements specified in §§ 63.133 through 63.137. (2) From the location where the owner or operator designates a wastewater stream or mixture of wastewater streams to be a Group 1 wastewater stream, such Group 1 wastewater stream shall be managed in accordance with all applicable emission suppression requirements specified in §§ 63.133 through 63.137 and with the treatment requirements in § 63.138 of this part. (f) Owners or operators of sources subject to this subpart shall not discard liquid or solid organic materials with a concentration of greater than 10,000 parts per million of Table 9 compounds (as determined by analysis of the stream composition, engineering calculations, or process knowledge, according to the provisions of § 63.144(b) of this subpart) from a chemical manufacturing process unit to water or wastewater, unless the receiving stream is managed and treated as a Group 1 wastewater stream. This prohibition does not apply to materials from the activities listed in paragraphs (f)(1) through (f)(4) of this section. (1) Equipment leaks; (2) Except as specified in paragraph (f)(5) of this sections, activities included in maintenance or startup/shutdown/malfunction plans; (3) Spills; or (4) Samples of a size not greater than reasonably necessary for the method of analysis that is used. (5) For each source as defined in § 63.101, on and after July 15, 2027, the phrase “or startup/shutdown/malfunction” in paragraph (f)(2) of this section does not apply. (g) Off-site treatment or on-site treatment not owned or operated by the source. (1) The owner or operator transferring the wastewater stream or residual shall: (i) Comply with the provisions specified in §§ 63.133 through 63.137 of this subpart for each waste management unit that receives or manages a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream prior to shipment or transport. (ii) Include a notice with the shipment or transport of each Group 1 wastewater stream or residual removed from a Group 1 wastewater stream. The notice shall state that the wastewater stream or residual contains organic hazardous air pollutants that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing (for example, discharge to a publicly-owned treatment works), the notice shall be submitted to the treatment operator initially and whenever there is a change in the required treatment. (2) The owner or operator may not transfer the wastewater stream or residual unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat any Group 1 wastewater stream or residual removed from a Group 1 wastewater stream received from a source subject to the requirements of this subpart in accordance with the requirements of either §§ 63.133 through 63.147, or § 63.102(b) of subpart F, or subpart D of this part if alternative emission limitations have been granted the transferor in accordance with those provisions. The certifying entity may revoke the written certification by sending a written statement to the EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph. Upon expiration of the notice period, the owner or operator may not transfer the wastewater stream or residual to the treatment operation. (3) By providing this written certification to the EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (g)(2) of this section with respect to any shipment of wastewater or residual covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by the EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources. (4) Written certifications and revocation statements, to the EPA from the transferees of wastewater or residuals shall be signed by the responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in 40 CFR 63.13. Such written certifications are not transferable by the treater. [62 FR 2751, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001; 71 FR 76614, Dec. 21, 2006; 89 FR 43201, May 16, 2024] § 63.133 Process wastewater provisions—wastewater tanks. (a) For each wastewater tank that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of either paragraph (a)(1) or (a)(2) of this section as specified in table 10 of this subpart. (1) The owner or operator shall operate and maintain a fixed roof except that if the wastewater tank is used for heating wastewater, or treating by means of an exothermic reaction or the contents of the tank is sparged, the owner or operator shall comply with the requirements specified in paragraph (a)(2) of this section. (2) The owner or operator shall comply with the requirements in paragraphs (b) through (h) of this section and shall operate and maintain one of the emission control techniques listed in paragraphs (a)(2)(i) through (a)(2)(iv) of this section. (i) A fixed roof and a closed vent system that routes the organic hazardous air pollutants vapors vented from the wastewater tank to a control device. (ii) A fixed roof and an internal floating roof that meets the requirements specified in § 63.119(b) of this subpart; (iii) An external floating roof that meets the requirements specified in §§ 63.119(c), 63.120(b)(5), and 63.120(b)(6) of this subpart; or (iv) An equivalent means of emission limitation. Determination of equivalence to the reduction in emissions achieved by the requirements of paragraphs (a)(2)(i) through (a)(2)(iii) of this section will be evaluated according to § 63.102(b) of subpart F of this part. The determination will be based on the application to the Administrator which shall include the information specified in either paragraph (a)(2)(iv)(A) or (a)(2)(iv)(B) of this section. (A) Actual emissions tests that use full-size or scale-model wastewater tanks that accurately collect and measure all organic hazardous air pollutants emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or (B) An engineering evaluation that the Administrator determines is an accurate method of determining equivalence. (b) If the owner or operator elects to comply with the requirements of paragraph (a)(2)(i) of this section, the fixed roof shall meet the requirements of paragraph (b)(1) of this section, the control device shall meet the requirements of paragraph (b)(2) of this section, and the closed vent system shall meet the requirements of paragraph (b)(3) of this section. (1) The fixed-roof shall meet the following requirements: (i) Except as provided in paragraph (b)(4) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart. (ii) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that the wastewater tank contains a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream except when it is necessary to use the opening for wastewater sampling, removal, or for equipment inspection, maintenance, or repair. (2) The control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139 of this subpart. (3) Except as provided in paragraph (b)(4) of this section, the closed vent system shall be inspected in accordance with the requirements of § 63.148. (4) For any fixed roof tank and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148. (c) If the owner or operator elects to comply with the requirements of paragraph (a)(2)(ii) of this section, the floating roof shall be inspected according to the procedures specified in § 63.120(a)(2) and (a)(3) of this subpart. (d) Except as provided in paragraph (e) of this section, if the owner or operator elects to comply with the requirements of paragraph (a)(2)(iii) of this section, seal gaps shall be measured according to the procedures specified in § 63.120(b)(2)(i) through (b)(4) of this subpart and the wastewater tank shall be inspected to determine compliance with § 63.120(b)(5) and (b)(6) of this subpart. (e) If the owner or operator determines that it is unsafe to perform the seal gap measurements specified in § 63.120(b)(2)(i) through (b)(4) of this subpart or to inspect the wastewater tank to determine compliance with § 63.120(b)(5) and (b)(6) of this subpart because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with the requirements in either paragraph (e)(1) or (e)(2) of this section. (1) The owner or operator shall measure the seal gaps or inspect the wastewater tank within 30 calendar days of the determination that the floating roof is unsafe, or (2) The owner or operator shall empty and remove the wastewater tank from service within 45 calendar days of determining that the roof is unsafe. If the wastewater tank cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include an explanation of why it was unsafe to perform the inspection or seal gap measurement, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the wastewater tank will be emptied as soon as practical. (f) Except as provided in paragraph (e) of this section, each wastewater tank shall be inspected initially, and semi-annually thereafter, for improper work practices in accordance with § 63.143 of this subpart. For wastewater tanks, improper work practice includes, but is not limited to, leaving open any access door or other opening when such door or opening is not in use. (g) Except as provided in paragraph (e) of this section, each wastewater tank shall be inspected for control equipment failures as defined in paragraph (g)(1) of this section according to the schedule in paragraphs (g)(2) and (g)(3) of this section. (1) Control equipment failures for wastewater tanks include, but are not limited to, the conditions specified in paragraphs (g)(1)(i) through (g)(1)(ix) of this section. (i) The floating roof is not resting on either the surface of the liquid or on the leg supports. (ii) There is stored liquid on the floating roof. (iii) A rim seal is detached from the floating roof. (iv) There are holes, tears, cracks or gaps in the rim seal or seal fabric of the floating roof. (v) There are visible gaps between the seal of an internal floating roof and the wall of the wastewater tank. (vi) There are gaps between the metallic shoe seal or the liquid mounted primary seal of an external floating roof and the wall of the wastewater tank that exceed 212 square centimeters per meter of tank diameter or the width of any portion of any gap between the primary seal and the tank wall exceeds 3.81 centimeters. (vii) There are gaps between the secondary seal of an external floating roof and the wall of the wastewater tank that exceed 21.2 square centimeters per meter of tank diameter or the width of any portion of any gap between the secondary seal and the tank wall exceeds 1.27 centimeters. (viii) Where a metallic shoe seal is used on an external floating roof, one end of the metallic shoe does not extend into the stored liquid or one end of the metallic shoe does not extend a minimum vertical distance of 61 centimeters above the surface of the stored liquid. (ix) A gasket, joint, lid, cover, or door has a crack or gap, or is broken. (2) The owner or operator shall inspect for the control equipment failures in paragraphs (g)(1)(i) through (g)(1)(viii) of this section according to the schedule specified in paragraphs (c) and (d) of this section. (3) The owner or operator shall inspect for the control equipment failures in paragraph (g)(1)(ix) of this section initially, and semi-annually thereafter. (h) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. If a failure that is detected during inspections required by this section cannot be repaired within 45 calendar days and if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical. [62 FR 2753, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999; 89 FR 43202, May 16, 2024] § 63.134 Process wastewater provisions—surface impoundments. (a) For each surface impoundment that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b), (c), and (d) of this section. (b) The owner or operator shall operate and maintain on each surface impoundment either a cover ( e.g., (1) The cover and all openings shall meet the following requirements: (i) Except as provided in paragraph (b)(4) of this section, the cover and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart. (ii) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the surface impoundment except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair. (iii) The cover shall be used at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the surface impoundment except during removal of treatment residuals in accordance with 40 CFR 268.4 or closure of the surface impoundment in accordance with 40 CFR 264.228. (2) Floating flexible membrane covers shall meet the requirements specified in paragraphs (b)(2)(i) through (b)(2)(vii) of this section. (i) The floating flexible cover shall be designed to float on the liquid surface during normal operations, and to form a continuous barrier over the entire surface area of the liquid. (ii) The cover shall be fabricated from a synthetic membrane material that is either: (A) High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (100 mils); or (B) A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in paragraph (b)(2)(ii)(A) of this section, and chemical and physical properties that maintain the material integrity for the intended service life of the material. (iii) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings. (iv) Except as provided for in paragraph (b)(2)(v) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. (v) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal. (vi) The closure devices shall be made of suitable materials that will minimize exposure of organic hazardous air pollutants to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered in designing the closure devices shall include: The effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed. (vii) Whenever a Group 1 wastewater stream or residual from a Group 1 wastewater stream is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position. Opening of closure devices or removal of the cover is allowed to provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations and/or to remove accumulated sludge or other residues from the bottom of surface impoundment. Openings shall be maintained in accordance with § 63.148 of this subpart. (3) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart. (4) Except as provided in paragraph (b)(5) of this section, the closed vent system shall be inspected in accordance with § 63.148. (5) For any cover and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148. (c) Each surface impoundment shall be inspected initially, and semi-annually thereafter, for improper work practices and control equipment failures in accordance with § 63.143 of this subpart. (1) For surface impoundments, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use. (2) For surface impoundments, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a crack or gap, or is broken. (d) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. [62 FR 2754, Jan. 17, 1997, as amended at 64 FR 20191, Apr. 26, 1999; 89 FR 43202, May 16, 2024] § 63.135 Process wastewater provisions—containers. (a) For each container that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b) through (f) of this section. (b) The owner or operator shall operate and maintain a cover on each container used to handle, transfer, or store a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with the following requirements: (1) Except as provided in paragraph (d)(4) of this section, if the capacity of the container is greater than 0.42 m 3 (2) If the capacity of the container is less than or equal to 0.42 m 3 (i) The container must meet existing Department of Transportation specifications and testing requirements under 49 CFR part 178; or (ii) Except as provided in paragraph (d)(4) of this section, the cover and all openings shall be maintained without leaks as specified in § 63.148 of this subpart. (3) Except as specified in paragraph (b)(4) of this section, the cover and all openings shall be maintained in a closed position ( e.g., (4) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), pressure relief devices are subject to the requirements specified in § 63.165(e) of subpart H of this part. (c) For containers with a capacity greater than or equal to 0.42 m 3 (1) The submerged fill pipe outlet shall extend to no more than 6 inches or within two fill pipe diameters of the bottom of the container while the container is being filled. (2) The cover shall remain in place and all openings shall be maintained in a closed position except for those openings required for the submerged fill pipe and for venting of the container to prevent physical damage or permanent deformation of the container or cover. (d) During treatment of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, including aeration, thermal or other treatment, in a container, whenever it is necessary for the container to be open, the container shall be located within an enclosure with a closed vent system that routes the organic hazardous air pollutants vapors vented from the container to a control device. (1) Except as provided in paragraph (d)(4) of this section, the enclosure and all openings (e.g., doors, hatches) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart. (2) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart. (3) Except as provided in paragraph (d)(4) of this section, the closed vent system shall be inspected in accordance with § 63.148 of this subpart. (4) For any enclosure and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148 of this subpart. (e) Each container shall be inspected initially, and semi-annually thereafter, for improper work practices and control equipment failures in accordance with § 63.143 of this subpart. (1) For containers, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use. (2) For containers, control equipment failure includes, but is not limited to, any time a cover or door has a gap or crack, or is broken. (f) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification. [62 FR 2755, Jan. 17, 1997, as amended at 89 FR 43202, May 16, 2024] § 63.136 Process wastewater provisions—individual drain systems. (a) For each individual drain system that receives or manages a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (b), (c), and (d) or with paragraphs (e), (f), and (g) of this section. (b) If the owner or operator elects to comply with this paragraph, the owner or operator shall operate and maintain on each opening in the individual drain system a cover and if vented, route the vapors to a process or through a closed vent system to a control device. The owner or operator shall comply with the requirements of paragraphs (b)(1) through (b)(5) of this section. (1) The cover and all openings shall meet the following requirements: (i) Except as provided in paragraph (b)(4) of this section, the cover and all openings (e.g., access hatches, sampling ports) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart. (ii) The cover and all openings shall be maintained in a closed position at all times that a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream is in the drain system except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair. (2) The control device shall be designed, operated, and inspected in accordance with § 63.139 of this subpart. (3) Except as provided in paragraph (b)(4) of this section, the closed vent system shall be inspected in accordance with § 63.148. (4) For any cover and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.148. (5) The individual drain system shall be designed and operated to segregate the vapors within the system from other drain systems and the atmosphere. (c) Each individual drain system shall be inspected initially, and semi- annually thereafter, for improper work practices and control equipment failures, in accordance with the inspection requirements specified in table 11 of this subpart. (1) For individual drain systems, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use for sampling or removal, or for equipment inspection, maintenance, or repair. (2) For individual drain systems, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a gap or crack, or is broken. (d) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification. (e) If the owner or operator elects to comply with this paragraph, the owner or operator shall comply with the requirements in paragraphs (e)(1) through (e)(3) of this section: (1) Each drain shall be equipped with water seal controls or a tightly fitting cap or plug. The owner or operator shall comply with paragraphs (e)(1)(i) and (e)(1)(ii) of this section. (i) For each drain equipped with a water seal, the owner or operator shall ensure that the water seal is maintained. For example, a flow-monitoring device indicating positive flow from a main to a branch water line supplying a trap or water being continuously dripped into the trap by a hose could be used to verify flow of water to the trap. Visual observation is also an acceptable alternative. (ii) If a water seal is used on a drain receiving a Group 1 wastewater, the owner or operator shall either extend the pipe discharging the wastewater below the liquid surface in the water seal of the receiving drain, or install a flexible shield (or other enclosure which restricts wind motion across the open area between the pipe and the drain) that encloses the space between the pipe discharging the wastewater to the drain receiving the wastewater. (Water seals which are used on hubs receiving Group 2 wastewater for the purpose of eliminating cross ventilation to drains carrying Group 1 wastewater are not required to have a flexible cap or extended subsurface discharging pipe.) (2) Each junction box shall be equipped with a tightly fitting solid cover (i.e., no visible gaps, cracks, or holes) which shall be kept in place at all times except during inspection and maintenance. If the junction box is vented, the owner or operator shall comply with the requirements in paragraph (e)(2)(i) or (e)(2)(ii) of this section. (i) The junction box shall be vented to a process or through a closed vent system to a control device. The closed vent system shall be inspected in accordance with the requirements of § 63.148 and the control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139. (ii) If the junction box is filled and emptied by gravity flow (i.e., there is no pump) or is operated with no more than slight fluctuations in the liquid level, the owner or operator may vent the junction box to the atmosphere provided that the junction box complies with the requirements in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. (A) The vent pipe shall be at least 90 centimeters in length and no greater than 10.2 centimeters in nominal inside diameter. (B) Water seals shall be installed and maintained at the wastewater entrance(s) to or exit from the junction box restricting ventilation in the individual drain system and between components in the individual drain system. The owner or operator shall demonstrate (e.g., by visual inspection or smoke test) upon request by the Administrator that the junction box water seal is properly designed and restricts ventilation. (3) Each sewer line shall not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visible gaps or cracks in joints, seals, or other emission interfaces. (f) Equipment used to comply with paragraphs (e)(1), (e)(2), or (e)(3) of this section shall be inspected as follows: (1) Each drain using a tightly fitting cap or plug shall be visually inspected initially, and semi-annually thereafter, to ensure caps or plugs are in place and that there are no gaps, cracks, or other holes in the cap or plug. (2) Each junction box shall be visually inspected initially, and semi-annually thereafter, to ensure that there are no gaps, cracks, or other holes in the cover. (3) The unburied portion of each sewer line shall be visually inspected initially, and semi-annually thereafter, for indication of cracks or gaps that could result in air emissions. (g) Except as provided in § 63.140 of this subpart, when a gap, hole, or crack is identified in a joint or cover, first efforts at repair shall be made no later than 5 calendar days after identification, and repair shall be completed within 15 calendar days after identification. [62 FR 2755, Jan. 17, 1997, as amended at 89 FR 43202, May 16, 2024] § 63.137 Process wastewater provisions—oil-water separators. (a) For each oil-water separator that receives, manages, or treats a Group 1 wastewater stream or a residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the requirements of paragraphs (c) and (d) of this section and shall operate and maintain one of the following: (1) A fixed roof and a closed vent system that routes the organic hazardous air pollutants vapors vented from the oil-water separator to a control device. The fixed roof, closed vent system, and control device shall meet the requirements specified in paragraph (b) of this section; (2) A floating roof meeting the requirements in 40 CFR part 60, subpart QQQ § 60.693-2 (a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the oil-water separator where it is infeasible to construct and operate a floating roof, such as over the weir mechanism, the owner or operator shall operate and maintain a fixed roof, closed vent system, and control device that meet the requirements specified in paragraph (b) of this section. (3) An equivalent means of emission limitation. Determination of equivalence to the reduction in emissions achieved by the requirements of paragraphs (a)(1) and (a)(2) of this section will be evaluated according to § 63.102(b) of subpart F of this part. The determination will be based on the application to the Administrator which shall include the information specified in either paragraph (a)(3)(i) or (a)(3)(ii) of this section. (i) Actual emissions tests that use full-size or scale-model oil-water separators that accurately collect and measure all organic hazardous air pollutants emissions from a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or (ii) An engineering evaluation that the Administrator determines is an accurate method of determining equivalence. (b) If the owner or operator elects to comply with the requirements of paragraphs (a)(1) or (a)(2) of this section, the fixed roof shall meet the requirements of paragraph (b)(1) of this section, the control device shall meet the requirements of paragraph (b)(2) of this section, and the closed vent system shall meet the requirements of paragraph (b)(3) of this section. (1) The fixed-roof shall meet the following requirements: (i) Except as provided in paragraph (b)(4) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.148 of this subpart. (ii) Each opening shall be maintained in a closed, sealed position (e.g., covered by a lid that is gasketed and latched) at all times that the oil-water separator contains a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair. (2) The control device shall be designed, operated, and inspected in accordance with the requirements of § 63.139 of this subpart. (3) Except as provided in paragraph (b)(4) of this section, the closed vent system shall be inspected in accordance with the requirements of § 63.148. (4) For any fixed roof and closed vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements of § 63.148. (c) If the owner or operator elects to comply with the requirements of paragraph (a)(2) of this section, seal gaps shall be measured according to the procedures specified in 40 CFR part 60, subpart QQQ § 60.696(d)(1) and the schedule specified in paragraphs (c)(1) and (c)(2) of this section. (1) Measurement of primary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream and once every 5 years thereafter. (2) Measurement of secondary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream and once every year thereafter. (d) Each oil-water separator shall be inspected initially, and semi-annually thereafter, for improper work practices in accordance with § 63.143 of this subpart. For oil-water separators, improper work practice includes, but is not limited to, leaving open or ungasketed any access door or other opening when such door or opening is not in use. (e) Each oil-water separator shall be inspected for control equipment failures as defined in paragraph (e)(1) of this section according to the schedule specified in paragraphs (e)(2) and (e)(3) of this section. (1) For oil-water separators, control equipment failure includes, but is not limited to, the conditions specified in paragraphs (e)(1)(i) through (e)(1)(vii) of this section. (i) The floating roof is not resting on either the surface of the liquid or on the leg supports. (ii) There is stored liquid on the floating roof. (iii) A rim seal is detached from the floating roof. (iv) There are holes, tears, or other open spaces in the rim seal or seal fabric of the floating roof. (v) There are gaps between the primary seal and the separator wall that exceed 67 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the primary seal and the separator wall exceeds 3.8 centimeters. (vi) There are gaps between the secondary seal and the separator wall that exceed 6.7 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the secondary seal and the separator wall exceeds 1.3 centimeters. (vii) A gasket, joint, lid, cover, or door has a gap or crack, or is broken. (2) The owner or operator shall inspect for the control equipment failures in paragraphs (e)(1)(i) through (e)(1)(vi) of this section according to the schedule specified in paragraph (c) of this section. (3) The owner or operator shall inspect for control equipment failures in paragraph (e)(1)(vii) of this section initially, and semi-annually thereafter. (f) Except as provided in § 63.140 of this subpart, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. [62 FR 2756, Jan. 17, 1997, as amended at 89 FR 43202, May 16, 2024] § 63.138 Process wastewater provisions—performance standards for treatment processes managing Group 1 wastewater streams and/or residuals removed from Group 1 wastewater streams. (a) General requirements. (1) Existing source. (2) New source. Note to paragraph ( a The requirements for Table 8 and/or Table 9 compounds are similar and often identical. (3) Biological treatment processes. (4) Performance tests and design evaluations. Note to paragraph ( a Some open biological treatment processes may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine whether the biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test. (5) Control device requirements. (6) Residuals: general. (7) Treatment using a series of treatment processes. (i)(A) For combinations of treatment processes, the wastewater stream shall be conveyed by hard-piping between the treatment processes. For combinations of control devices, the vented gas stream shall be conveyed by hard-piping between the control devices. (B) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 63.133 through § 63.137 of this subpart except as provided in paragraph (a)(3) of this section. (C) The owner or operator shall identify, and keep a record of, the combination of treatment processes or of control devices, including identification of the first and last treatment process or control device. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status. (D) The performance test or design evaluation shall determine compliance across the combination of treatment processes or control devices. If a performance test is conducted, the “inlet” shall be the point at which the wastewater stream or residual enters the first treatment process, or the vented gas stream enters the first control device. The “outlet” shall be the point at which the treated wastewater stream exits the last treatment process, or the vented gas stream exits the last control device. (ii)(A) For combinations of treatment processes, each treatment process shall meet the applicable requirements of § 63.133 through § 63.137 of this subpart except as provided in paragraph (a)(3) of this section. (B) The owner or operator shall identify, and keep a record of, the combination of treatment processes, including identification of the first and last treatment process. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status. (C) The owner or operator shall determine the mass removed or destroyed by each treatment process. The performance test or design evaluation shall determine compliance for the combination of treatment processes by adding together the mass removed or destroyed by each treatment process. (b) Control options: Group 1 wastewater streams for Table 9 compounds. (1) 50 ppmw concentration option. (i) Reduce, by removal or destruction, the total concentration of Table 9 compounds to a level less than 50 parts per million by weight as determined by the procedures specified in § 63.145(b) of this subpart. (ii) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater stream is designated as a Group 1 wastewater stream as specified in § 63.132(e). Dilution shall not be used to achieve compliance with this option. (2) Other compliance options. (3) 1 ppmw ethylene oxide concentration. (c) Control options: Group 1 wastewater streams for Table 8 compounds. (1) 10 ppmw concentration option. (i) Reduce, by removal or destruction, the concentration of the individual Table 8 compounds to a level less than 10 parts per million by weight as determined in the procedures specified in § 63.145(b) of this subpart. (ii) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater stream is designated as a Group 1 wastewater stream as specified in § 63.132(e). Dilution shall not be used to achieve compliance with this option. (2) Other compliance options. (3) 1 ppmw ethylene oxide concentration. (d) Design steam stripper option. (1) Minimum active column height of 5 meters, (2) Countercurrent flow configuration with a minimum of 10 actual trays, (3) Minimum steam flow rate of 0.04 kilograms of steam per liter of wastewater feed within the column, (4) Minimum wastewater feed temperature to the steam stripper of 95 °C, or minimum column operating temperature of 95 °C, (5) Maximum liquid loading of 67,100 liters per hour per square meter, and (6) Operate at nominal atmospheric pressure. (e) Percent mass removal/destruction option. (1) Reduce mass flow rate of Table 8 and/or Table 9 compounds by 99 percent. (2) Reduce mass flow rate of Table 8 and/or Table 9 compounds by Fr value. (f) Required mass removal (RMR) option. (g) 95-percent RMR option, for biological treatment processes. (1) Except as provided in paragraph (g)(4) of this section, the owner or operator shall ensure that all Group 1 and Group 2 wastewater streams from chemical manufacturing process units subject to this rule entering a biological treatment unit are treated to destroy at least 95-percent total mass of all Table 8 and/or Table 9 compounds. (2) For open biological treatment processes compliance shall be determined using the procedures specified in § 63.145(g) of this subpart. For closed aerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145 (e) or (g) of this subpart. For closed anaerobic biological treatment processes compliance shall be determined using the procedures specified in § 63.145(e) of this subpart. (3) For each treatment process or waste management unit that receives, manages, or treats wastewater streams subject to this paragraph, from the point of determination of each Group 1 or Group 2 wastewater stream to the biological treatment unit, the owner or operator shall comply with §§ 63.133 through § 63.137 of this subpart for control of air emissions. When complying with this paragraph, the term Group 1, whether used alone or in combination with other terms, in § 63.133 through § 63.137 of this subpart shall mean both Group 1 and Group 2. (4) If a wastewater stream is in compliance with the requirements in paragraph (b)(1), (c)(1), (d), (e), (f), or (h) of this section before entering the biological treatment unit, the hazardous air pollutants mass of that wastewater is not required to be included in the total mass flow rate entering the biological treatment unit for the purpose of demonstrating compliance. (h) Treatment in a RCRA unit option. (1) The wastewater stream or residual is discharged to a hazardous waste incinerator for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O; (ii) Has certified compliance with the interim status requirements of 40 CFR part 265, subpart O; (iii) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements subpart EEE of this part; or (iv) Complies with the requirements subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (2) The wastewater stream or residual is discharged to a process heater or boiler burning hazardous waste for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H; (iii) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (iv) Complies with subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (3) The wastewater stream or residual is discharged to an underground injection well for which the owner or operator has been issued a final permit under 40 CFR part 270 or 40 CFR part 144 and complies with the requirements of 40 CFR part 122. The owner or operator shall comply with all applicable requirements of this subpart prior to the point where the wastewater enters the underground portion of the injection well. (i) One megagram total source mass flow rate option. (1) All Group 1 wastewater streams at the source. (i) Calculate the annual average mass flow rate for each Group 1 wastewater stream by multiplying the annual average flow rate of the wastewater stream, as determined by procedures specified in § 63.144(c), times the total annual average concentration of Table 8 and/or Table 9 compounds, as determined by procedures specified in § 63.144(b) of this subpart. (The mass flow rate of compounds in a wastewater stream that is Group 1 for both Table 8 and Table 9 compounds should be included in the annual average mass flow rate only once.) (ii) Calculate the total source mass flow rate from all Group 1 wastewater streams by adding together the annual average mass flow rate calculated for each Group 1 wastewater stream. (2) Untreated and partially treated Group 1 wastewater streams. (i) Calculate the annual average mass flow rate in each wastewater stream by multiplying the annual average flow rate of the wastewater stream, as determined by procedures specified in § 63.144(c), times the total annual average concentration of Table 8 and/or Table 9 compounds, as determined by procedures specified in § 63.144(b). (The mass flow rate of compounds in a wastewater stream that are Group 1 for both Table 8 and Table 9 compounds should be included in the annual average mass flow rate only once.) When determining the total source mass flow rate for the purposes of paragraph (i)(2)(i)(B) of this section, the concentration and flow rate shall be determined at the location specified in paragraph (i)(2)(i)(B) of this section and not at the location specified in § 63.144(b) and (c). (A) For each untreated Group 1 wastewater stream, the annual average flow rate and the total annual average concentration shall be determined for that stream's point of determination. (B) For each Group 1 wastewater stream that is treated to levels less stringent than those required by paragraph (b) or (c) of this section, the annual average flow rate and total annual average concentration shall be determined at the discharge from the treatment process or series of treatment processes. (C) The annual average mass flow rate for Group 1 wastewater streams treated to the levels required by paragraph (b) or (c) of this section is not included in the calculation of the total source mass flow rate. (ii) The total source mass flow rate shall be calculated by summing the annual average mass flow rates from all Group 1 wastewater streams, except those excluded by paragraph (i)(2)(i)(C) of this section. (iii) The owner or operator of each waste management unit that receives, manages, or treats a partially treated wastewater stream prior to or during treatment shall comply with the requirements of §§ 63.133 through 63.137, as applicable. For a partially treated wastewater stream that is stored, conveyed, treated, or managed in a waste management unit meeting the requirements of §§ 63.133 through 63.137, the owner or operator shall follow the procedures in paragraph (i)(2)(i)(B) of this section to calculate mass flow rate. A wastewater stream, either untreated or partially treated, where the mass flow rate has been calculated following the procedures in paragraph (i)(2)(i)(A) of this section, is exempt from the requirements of §§ 63.133 through 63.137. (3) Wastewater streams included in this option shall be identified in the Notification of Compliance Status required by § 63.152(b). (j) Design evaluations or performance tests for treatment processes. (1) A design evaluation and supporting documentation that addresses the operating characteristics of the treatment process and that is based on operation at a representative wastewater stream flow rate and a concentration under which it would be most difficult to demonstrate compliance. For closed biological treatment processes, the actual mass removal shall be determined by a mass balance over the unit. The mass flow rate of Table 8 or Table 9 compounds exiting the treatment process shall be the sum of the mass flow rate of Table 8 or Table 9 compounds in the wastewater stream exiting the biological treatment process and the mass flow rate of the vented gas stream exiting the control device. The mass flow rate entering the treatment process minus the mass flow rate exiting the process determines the actual mass removal. (2) Performance tests conducted using test methods and procedures that meet the applicable requirements specified in § 63.145 of this subpart. (3) The provisions of paragraphs (j)(1) and (j)(2) of this section do not apply to design stream strippers which meet the requirements of paragraph (d) of this section. (k) Residuals. (1) Recycle the residual to a production process or sell the residual for the purpose of recycling. Once a residual is returned to a production process, the residual is no longer subject to this section. (2) Return the residual to the treatment process. (3) Treat the residual to destroy the total combined mass flow rate of Table 8 and/or Table 9 compounds by 99 percent or more, as determined by the procedures specified in § 63.145(c) or (d) of this subpart. (4) Comply with the requirements for RCRA treatment options specified in § 63.138(h) of this subpart. [62 FR 2757, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001; 89 FR 43202, May 16, 2024] § 63.139 Process wastewater provisions—control devices. (a) For each control device or combination of control devices used to comply with the provisions in §§ 63.133 through 63.138 of this subpart, the owner or operator shall operate and maintain the control device or combination of control devices in accordance with the requirements of paragraphs (b) through (f) of this section. (b) Whenever organic hazardous air pollutants emissions are vented to a control device which is used to comply with the provisions of this subpart, such control device shall be operating. (c) The control device shall be designed and operated in accordance with paragraph (c)(1), (2), (3), (4), or (5) of this section. (1) An enclosed combustion device (including but not limited to a vapor incinerator, boiler, or process heater) shall meet the conditions in paragraph (c)(1)(i), (ii), or (iii) of this section, alone or in combination with other control devices. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (i) Reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device by 95 percent by weight or greater; (ii) Achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume on a dry basis corrected to 3 percent oxygen. The owner or operator shall use either Method 18 of appendix A-6 to part 60 of this chapter, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part, or ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method; or (iii) Provide a minimum residence time of 0.5 seconds at a minimum temperature of 760 °C. (2) A vapor recovery system (including but not limited to a carbon adsorption system or condenser), alone or in combination with other control devices, shall reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device of 95 percent by weight or greater or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135. (3) Except as specified in paragraph (a) of § 63.108, a flare shall comply with the requirements of § 63.11(b). (4) A scrubber, alone or in combination with other control devices, shall reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions in such a manner that 95 weight-percent is either removed, or destroyed by chemical reaction with the scrubbing liquid or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135. (5) Any other control device used shall, alone or in combination with other control devices, reduce the total organic compound emissions, less methane and ethane, or total organic hazardous air pollutants emissions vented to the control device by 95 percent by weight or greater or achieve an outlet total organic compound concentration, less methane and ethane, or total organic hazardous air pollutants concentration of 20 parts per million by volume. The 20 parts per million by volume performance standard is not applicable to compliance with the provisions of § 63.134 or § 63.135. (d) Except as provided in paragraphs (d)(4) and (5) of this section, an owner or operator shall demonstrate that each control device or combination of control devices achieves the appropriate conditions specified in paragraph (c) of this section by using one or more of the methods specified in paragraphs (d)(1), (2), or (3) of this section. (1) Performance tests conducted using the test methods and procedures specified in § 63.145(i) for control devices other than flares; or (2) A design evaluation that addresses the vent stream characteristics and control device operating parameters specified in paragraphs (d)(2)(i) through (vii) of this section. (i) For a thermal vapor incinerator, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperature in the combustion zone and the combustion zone residence time. (ii) For a catalytic vapor incinerator, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet. (iii) For a boiler or process heater, the design evaluation shall consider the vent stream composition, constituent concentrations, and flow rate; shall establish the design minimum and average flame zone temperatures and combustion zone residence time; and shall describe the method and location where the vent stream is introduced into the flame zone. (iv) For a condenser, the design evaluation shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. (v) For a carbon adsorption system that regenerates the carbon bed directly on-site in the control device such as a fixed-bed adsorber, the design evaluation shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon. (vi) For a carbon adsorption system that does not regenerate the carbon bed directly on-site in the control device such as a carbon canister, the design evaluation shall consider the vent stream composition, constituent concentrations, mass or volumetric flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule. (vii) For a scrubber, the design evaluation shall consider the vent stream composition; constituent concentrations; liquid-to-vapor ratio; scrubbing liquid flow rate and concentration; temperature; and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent stream organic compound concentration level and will include the additional information in paragraphs (d)(2)(vii)(A) and (B) of this section for trays and a packed column scrubber. (A) Type and total number of theoretical and actual trays; (B) Type and total surface area of packing for entire column, and for individual packed sections if column contains more than one packed section. (3) For flares, except as specified in paragraph (a) of § 63.108, the compliance determination specified in § 63.11(b) and § 63.145(j) of this subpart. (4) An owner or operator using any control device specified in paragraphs (d)(4)(i) through (iv) of this section is exempt from the requirements in paragraphs (d)(1) through (3) of this section and from the requirements in § 63.6(f), and from the requirements of paragraph (e) of this section. (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (ii) A boiler or process heater into which the emission stream is introduced with the primary fuel. (iii) A boiler or process heater burning hazardous waste for which the owner or operator: (A) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 266, subpart H of this chapter; (B) Has certified compliance with the interim status requirements of part 266, subpart H of this chapter; (C) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (D) Complies with subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (iv) A hazardous waste incinerator for which the owner or operator: (A) Has been issued a final permit under part 270 of this chapter and complies with the requirements of part 264, subpart O of this chapter; (B) Has certified compliance with the interim status requirements of part 265, subpart O of this chapter; (C) Has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements subpart EEE of this part; or (D) Complies with the requirements subpart EEE of this part and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (5) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the requirements specified in paragraphs (d)(1) and (2) of this section do not apply. Instead, the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (d)(5)(i) through (iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (d)(5)(iii)(B) of this section. The owner or operator must measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of appendix A-7 to 40 CFR part 60, using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of appendix A-7 to 40 CFR part 60, using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (d)(5)(iii)(A) of this section, and comply with the monitoring frequency according to paragraph (d)(5)(iii)(B) of this section. (A) The first adsorber in series must be replaced immediately when breakthrough, as defined in § 63.101, is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph, “immediately” means within 8 hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. The owner or operator must monitor at the outlet of the first adsorber within 3 days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (d)(5)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than 2 months of life remaining, at least weekly if the adsorbent has between 2 months and 2 weeks of life remaining, and at least daily if the adsorbent has 2 weeks or less of life remaining. (e) The owner or operator of a control device that is used to comply with the provisions of this section shall monitor the control device in accordance with § 63.143 of this subpart. (f) Except as provided in § 63.140 of this subpart, if gaps, cracks, tears, or holes are observed in ductwork, piping, or connections to covers and control devices during an inspection, a first effort to repair shall be made as soon as practical but no later than 5 calendar days after identification. Repair shall be completed no later than 15 calendar days after identification or discovery of the defect. [62 FR 2760, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 89 FR 43203, May 16, 2024] § 63.140 Process wastewater provisions—delay of repair. (a) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified, is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.101 of subpart F of this part, or if the owner or operator determines that emissions of purged material from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of this equipment shall occur by the end of the next shutdown. (b) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified, is allowed if the equipment is emptied or is no longer used to treat or manage Group 1 wastewater streams or residuals removed from Group 1 wastewater streams. (c) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified is also allowed if additional time is necessary due to the unavailability of parts beyond the control of the owner or operator. Repair shall be completed as soon as practical. The owner or operator who uses this provision shall comply with the requirements of § 63.147(b)(7) to document the reasons that the delay of repair was necessary. [62 FR 2762, Jan. 17, 1997, as amended at 66 FR 6933, Jan. 22, 2001] §§ 63.141-63.142 [Reserved] § 63.143 Process wastewater provisions—inspections and monitoring of operations. (a) For each wastewater tank, surface impoundment, container, individual drain system, and oil-water separator that receives, manages, or treats a Group 1 wastewater stream, a residual removed from a Group 1 wastewater stream, a recycled Group 1 wastewater stream, or a recycled residual removed from a Group 1 wastewater stream, the owner or operator shall comply with the inspection requirements specified in table 11 of this subpart. (b) For each design steam stripper and biological treatment unit used to comply with § 63.138 of this subpart, the owner or operator shall comply with the monitoring requirements specified in table 12 of this subpart. (c) If the owner or operator elects to comply with Item 1 in table 12 to this subpart, the owner or operator shall request approval to monitor appropriate parameters that demonstrate proper operation of the biological treatment unit. The request shall be submitted according to the procedures specified in § 63.151(f), and shall include a description of planned reporting and recordkeeping procedures. The owner or operator shall include as part of the submittal the basis for the selected monitoring frequencies and the methods that will be used. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (d) If the owner or operator elects to comply with Item 3 in table 12 of this subpart, the owner or operator shall request approval to monitor appropriate parameters that demonstrate proper operation of the selected treatment process. The request shall be submitted according to the procedures specified in § 63.151(f) of this subpart, and shall include a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (e) Except as provided in paragraphs (e)(4) and (e)(5) of this section, for each control device used to comply with the requirements of §§ 63.133 through 63.139 of this subpart, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart, and with the requirements specified in paragraph (e)(1), (e)(2), or (e)(3) of this section. (1) The owner or operator shall comply with the monitoring requirements specified in table 13 of this subpart; or (2) The owner or operator shall use an organic monitoring device installed at the outlet of the control device and equipped with a continuous recorder. Continuous recorder is defined in § 63.111 of this subpart; or (3) The owner or operator shall request approval to monitor parameters other than those specified in paragraphs (e)(1) and (e)(2) of this section. The request shall be submitted according to the procedures specified in § 63.151(f) of this subpart, and shall include a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (4) For a boiler or process heater in which all vent streams are introduced with primary fuel, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart but the owner or operator is exempt from the monitoring requirements specified in paragraphs (e)(1) through (e)(3) of this section. (5) For a boiler or process heater with a design heat input capacity of 44 megawatts or greater, the owner or operator shall comply with the requirements in § 63.139(d) of this subpart but the owner or operator is exempt from the monitoring requirements specified in paragraphs (e)(1) through (e)(3) of this section. (f) For each parameter monitored in accordance with paragraph (c), (d), or (e) of this section, the owner or operator shall establish a range that indicates proper operation of the treatment process or control device. In order to establish the range, the owner or operator shall comply with the requirements specified in §§ 63.146(b)(7)(ii)(A) and (b)(8)(ii) of this subpart. (g) Monitoring equipment shall be installed, calibrated, and maintained according to the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. [62 FR 2762, Jan. 17, 1997, as amended at 89 FR 43204, May 16, 2024] § 63.144 Process wastewater provisions—test methods and procedures for determining applicability and Group 1/Group 2 determinations (determining which wastewater streams require control). (a) Procedures to determine applicability. (1) Determine Group 1 or Group 2 status. (2) Designate as Group 1. (b) Procedures to establish concentrations, when determining Group status under paragraph (a)(1) of this section. (1) Existing sources. (2) New sources. (3) Knowledge of the wastewater. (4) Bench-scale or pilot-scale test data. (5) Test data from sampling at the point of determination or at a location downstream of the point of determination. (i) Methods. (A) Method 25D. (B) Method 305. (C) Methods 624 and 625. (D) Method 1624 and Method 1625. (E) Other EPA method(s). (F) Method(s) other than EPA method. (G) Method 8260B. (H) Method 316. (I) Methods for ethylene oxide. (ii) Sampling plan. (iii) Validation of methods. (A) Validation of EPA methods and other methods. (B) Validation for EPA methods. (iv) Calculations of average concentration. (6) Adjustment for concentrations determined downstream of the point of determination. (c) Procedures to determine flow rate, when evaluating Group status under paragraph (a)(1) of this section. (1) Knowledge of the wastewater. (2) Historical records. (3) Measurements of flow rate. (4) Adjustment for flow rates determined downstream of the point of determination. [62 FR 2762, Jan. 17, 1997, as amended at 79 FR 11283, Feb. 27, 2014; 89 FR 43205, May 16, 2024] § 63.145 Process wastewater provisions—test methods and procedures to determine compliance. (a) General. (1) Performance tests and design evaluations for treatment processes. Note: Some open biological treatment processes may not require a performance test. Refer to § 63.145(h) and table 36 of this subpart to determine whether the biological treatment process meets the criteria that exempt the owner or operator from conducting a performance test. (2) Performance tests and design evaluations for control devices. (3) Representative process unit operating conditions. (4) Representative treatment process or control device operating conditions. (i) Range of operating conditions. (ii) Consideration of residence time. (5) Testing equipment. (6) Compounds not required to be considered in performance tests or design evaluations. (i) Compounds not used or produced by the chemical manufacturing process unit; or (ii) Compounds with concentrations at the point of determination that are below 1 part per million by weight; or (iii) Compounds with concentrations at the point of determination that are below the lower detection limit where the lower detection limit is greater than 1 part per million by weight. The method shall be an analytical method for wastewater which has that compound as a target analyte. (7) Treatment using a series of treatment processes. (i) The owner or operator shall conduct the performance test across each series of treatment processes. For each series of treatment processes, inlet concentration and flow rate shall be measured either where the wastewater stream enters the first treatment process in a series of treatment processes, or prior to the first treatment process as specified in § 63.145(a)(9) of this subpart. For each series of treatment processes, outlet concentration and flow rate shall be measured where the wastewater stream exits the last treatment process in the series of treatment processes, except when the last treatment process is an open or a closed aerobic biological treatment process demonstrating compliance by using the procedures in § 63.145 (f) or (g) of this subpart. When the last treatment process is either an open or a closed aerobic biological treatment process demonstrating compliance by using the procedures in § 63.145 (f) or (g) of this subpart, inlet and outlet concentrations and flow rates shall be measured as provided in paragraphs (a)(7)(i)(A) and (a)(7)(i)(B) of this section. The mass flow rates removed or destroyed by the series of treatment processes and by the biological treatment process are all used to calculate actual mass removal (AMR) as specified in § 63.145(f)(5)(ii) of this subpart. (A) The inlet and outlet to the series of treatment processes prior to the biological treatment process are the points at which the wastewater enters the first treatment process and exits the last treatment process in the series, respectively, except as provided in paragraph (a)(9)(ii) of this section. (B) The inlet to the biological treatment process shall be the point at which the wastewater enters the biological treatment process or the outlet from the series of treatment processes identified in paragraph (a)(7)(i)(A) of this section, except as provided in paragraph (a)(9)(ii) of this section. (ii) The owner or operator shall conduct the performance test across each treatment process in the series of treatment processes. The mass flow rate removed or destroyed by each treatment process shall be added together to determine whether compliance has been demonstrated using § 63.145 (c), (d), (e), (f), and (g), as applicable. If a biological treatment process is one of the treatment processes in the series of treatment processes, the inlet to the biological treatment process shall be the point at which the wastewater enters the biological treatment process, or the inlet to the equalization tank if all the criteria of paragraph (a)(9)(ii) of this section are met. (8) When using a biological treatment process to comply with § 63.138 of this subpart, the owner or operator may elect to calculate the AMR using a subset of Table 8 and/or Table 9 compounds determined at the point of determination or downstream of the point of determination with adjustment for concentration and flowrate changes made according to § 63.144(b)(6) and § 63.144(c)(4) of this subpart, respectively. All Table 8 and/or Table 9 compounds measured to determine the RMR, except as provided by § 63.145(a)(6), shall be included in the RMR calculation. (9) The owner or operator determining the inlet for purposes of demonstrating compliance with § 63.145 (e), (f), or (g) of this subpart may elect to comply with paragraph (a)(9)(i) or (a)(9)(ii) of this section. (i) When wastewater is conveyed exclusively by hard-piping from the point of determination to a treatment process that is either the only treatment process or the first in a series of treatment processes (i.e., no treatment processes or other waste management units are used upstream of this treatment process to store, handle, or convey the wastewater), the inlet to the treatment process shall be at any location from the point of determination to where the wastewater stream enters the treatment process. When samples are taken upstream of the treatment process and before wastewater streams have converged, the owner or operator shall ensure that the mass flow rate of all Group 1 wastewater streams is accounted for when using § 63.138 (e) or (f) to comply and that the mass flow rate of all Group 1 and Group 2 wastewater streams is accounted for when using § 63.138(g) to comply, except as provided in § 63.145(a)(6). (ii) The owner or operator may consider the inlet to the equalization tank as the inlet to the biological treatment process if all the criteria in paragraphs (a)(9)(ii)(A) through (a)(9)(ii)(C) of this section are met. The outlet from the series of treatment processes prior to the biological treatment process is the point at which the wastewater exits the last treatment process in the series prior to the equalization tank, if the equalization tank and biological treatment process are part of a series of treatment processes. The owner or operator shall ensure that the mass flow rate of all Group 1 wastewater streams is accounted for when using § 63.138 (e) or (f) to comply and that the mass flow rate of all Group 1 and Group 2 wastewater streams is accounted for when using § 63.138(g) to comply, except as provided in § 63.145(a)(6). (A) The wastewater is conveyed by hard-piping from either the last previous treatment process or the point of determination to the equalization tank. (B) The wastewater is conveyed from the equalization tank exclusively by hard-piping to the biological treatment process and no treatment processes or other waste management units are used to store, handle, or convey the wastewater between the equalization tank and the biological treatment process. (C) The equalization tank is equipped with a fixed roof and a closed vent system that routes emissions to a control device that meets the requirements of § 63.133(a)(2)(i) and § 63.133 (b)(1) through (b)(4) of this subpart. (10) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the requirement of paragraph (a)(3) of this section no longer applies. Instead, owners and operators must comply with the conditions specified in § 63.103(b)(3)(ii) of subpart F of this part. (b) Noncombustion treatment process—concentration limits. (c) Noncombustion, nonbiological treatment process: Percent mass removal/destruction option. (1) Concentration. (2) Flow rate. (3) Calculation of mass flow rate—for noncombustion, nonbiological treatment processes. Where: QMW a b a b ρ = Density of the wastewater, kilograms per cubic meter. Q a, k b, k a, k b, k C T, a, k T, b, k T, a, k T, b, k p = Number of runs. k = Identifier for a run. 10 6 (4) Percent removal calculation for mass flow rate. Where: E = Removal or destruction efficiency of the treatment process, percent. QMW a b a b (5) Calculation of flow-weighted average of Fr values. (6) Compare mass removal efficiency to required efficiency. (d) Combustion treatment processes: percent mass removal/destruction option. (1) Concentration in wastewater stream entering the combustion treatment process. (2) Flow rate of wastewater entering the combustion treatment process. (3) Calculation of mass flow rate in wastewater stream entering combustion treatment processes. Where: QMW a ρ = Density of the wastewater stream, kilograms per cubic meter. Q a, k C T, a, k p = Number of runs. k = Identifier for a run. (4) Concentration in vented gas stream exiting the combustion treatment process. (5) Volumetric flow rate of vented gas stream exiting the combustion treatment process. (6) Calculation of mass flow rate of vented gas stream exiting combustion treatment processes. (Eqn WW5) [Reserved] Where: CG a, i b, i a, i b, i QMG a b a b MW i QG a b a b K 2 −9 −1 i = Identifier for a compound. n = Number of components in the sample. (7) Destruction efficiency calculation. Where: E = Destruction efficiency of Table 8 or Table 9 compounds for the combustion unit, percent. QMW a QMG b (8) Calculation of flow-weighted average of Fr values. Where: Fr avg C i, a, k Q a, k Fr i (9) Calculate flow-weighted average of Fr values and compare to mass destruction efficiency. (e) Non-combustion treatment processes including closed biological treatment processes: RMR option. (1) Concentration in wastewater stream. (2) Flow rate. (3) Calculation of RMR for non-combustion treatment processes including closed biological treatment processes. (i) When using § 63.138(f) to comply, the required mass removal of Table 8 and/or Table 9 compounds for each Group 1 wastewater stream shall be calculated using Equation WW9. Where: RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour. ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter. Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour. i = Identifier for a compound. n = Number of Table 8 or Table 9 compounds in stream. C i Fr i 10 9 3 (ii) When using § 63.138(g) to comply, the required mass removal is 95 percent of the mass flow rate for all Group 1 and Group 2 wastewater streams combined for treatment. The required mass removal of Table 8 and/or Table 9 compounds for all Group 1 and Group 2 wastewater streams combined for treatment when complying with § 63.138(g) shall be calculated using the following equation: Where: RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour. ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter. Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour. i = Identifier for a compound. n = Number of Table 8 or Table 9 compounds in stream. C i 10 9 3 (4)(i) The required mass removal is calculated by summing the required mass removal for each Group 1 wastewater stream to be combined for treatment when complying with § 63.138(f). (ii) The required mass removal is calculated by summing the required mass removal for all Group 1 and Group 2 wastewater streams combined for treatment when complying with § 63.138(g). (5) The AMR calculation procedure for non-combustion treatment processes including closed biological treatment processes. Where: AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by treatment process or series of treatment processes, kilograms per hour. QMW a QMW b (6) Compare RMR to AMR. (f) Open or closed aerobic biological treatment processes: Required mass removal (RMR) option. (1) Concentration in wastewater stream. (2) Flow rate. (3) Calculation of RMR for open or closed aerobic biological treatment processes. Where: RMR = Required mass removal for treatment process or series of treatment processes, kilograms per hour. ρ = Density of the Group 1 wastewater stream, kilograms per cubic meter. Q = Volumetric flow rate of wastewater stream at the point of determination, liters per hour. i = Identifier for a compound. n = Number of Table 8 or Table 9 compounds in stream. C i Fr i 10 9 3 (4) The required mass removal is calculated by adding together the required mass removal for each Group 1 wastewater stream to be combined for treatment. (5) Actual mass removal calculation procedure for open or closed aerobic biological treatment processes. (i) Calculate AMR for the open or closed aerobic biological treatment process as follows: Where: AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by open or closed biological treatment process, kilograms per hour. QMW a F bio bio (ii) Calculate AMR across a series of treatment units where the last treatment unit is an open or closed aerobic biological treatment process as follows: Where: AMR = Actual mass removal of Table 8 or Table 9 compounds achieved by a series of treatment processes, kilograms per hour. QMW a QMW b F bio bio (6) Compare RMR to AMR. (g) Open or closed aerobic biological treatment processes: 95-percent mass removal option. (1) The owner or operator shall comply with the requirements specified in paragraphs (f)(1), (f)(2), and (f)(5) of this section to determine AMR. References to Group 1 wastewater streams shall be deemed Group 1 and Group 2 wastewater streams for the purposes of this paragraph. (2) Compare RMR to AMR. (h) Site-specific fraction biodegraded bio bio bio (1) Performance test exemption. bio (i) The biological treatment process meets the definition of “enhanced biological treatment process” in § 63.111 of this subpart. (ii) At least 99 percent by weight of all compounds on table 36 of this subpart that are present in the aggregate of all wastewater streams using the biological treatment process to comply with § 63.138 of this subpart are compounds on list 1 of table 36 of this subpart. (2) F bio bio bio (i) Enhanced biological treatment processes. bio bio bio 1 (ii) Biological treatment processes that are not enhanced biological treatment processes. bio bio (i) Performance tests for control devices other than flares. (1) Sampling sites. (2) Concentration in gas stream entering or exiting the control device. i.e., (3) Volumetric flow rate of gas stream entering or exiting the control device. (4) Calculation of TOC concentration. T Where: CG T CGS i j i = Identifier for a compound. n = Number of components in the sample. j = Identifier for a sample. m = Number of samples in the sample run. (5) Calculation of total organic hazardous air pollutants concentration. HAP HAP (6) Percent oxygen correction for combustion control devices. (i) Oxygen concentration. (ii) 3 percent oxygen calculation. c Where: CG c CG T %0 2d (7) Mass rate calculation. Where: CG a, i b, i a, i b, i QMG a b a b MW i QG a b a b K 2 −9 −1 i = Identifier for a compound. n = Number of components in the sample. (8) Percent reduction calculation. Where: E = Destruction efficiency of control device, percent. QMG a b b (9) Compare mass destruction efficiency to required efficiency. (j) Except as specified in paragraph (a) of § 63.108, when a flare is used to comply with § 63.139(c), the owner or operator shall comply with paragraphs (j)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6). (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. [62 FR 2765, Jan. 17, 1997, as amended at 63 FR 67793, Dec. 9, 1998; 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001; 89 FR 43205, May 16, 2024] § 63.146 Process wastewater provisions—reporting. (a) For each waste management unit, treatment process, or control device used to comply with §§ 63.138 (b)(1), (c)(1), (d), (e), (f), or (g) of this subpart for which the owner or operator seeks to monitor a parameter other than those specified in table 11, table 12, or table 13 of this subpart, the owner or operator shall submit a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g) of this subpart. (b) The owner or operator shall submit the information specified in paragraphs (b)(1) through (b)(9) of this section as part of the Notification of Compliance Status required by § 63.152(b) of this subpart. (1) Requirements for Group 2 wastewater streams. (i) Process unit identification and description of the process unit. (ii) Stream identification code. (iii) For existing sources, concentration of table 9 compound(s) in parts per million, by weight. For new sources, concentration of table 8 and/or table 9 compound(s) in parts per million, by weight. Include documentation of the methodology used to determine concentration. (iv) Flow rate in liter per minute. (2) For each new and existing source, the owner or operator shall submit the information specified in table 15 of this subpart for Table 8 and/or Table 9 compounds. (3) [Reserved] (4) For each treatment process identified in table 15 of this subpart that receives, manages, or treats a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit the information specified in table 17 of this subpart. (5) For each waste management unit identified in table 15 of this subpart that receives or manages a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit the information specified in table 18 of this subpart. (6) For each residual removed from a Group 1 wastewater stream, the owner or operator shall report the information specified in table 19 of this subpart. (7) For each control device used to comply with §§ 63.133 through 63.139 of this subpart, the owner or operator shall report the information specified in paragraphs (b)(7)(i) and (b)(7)(ii) of this section. (i) Except as specified in paragraph (a) of § 63.108, for each flare, the owner or operator shall submit the information specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C) of this section. (A) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (B) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.139(c)(3) of this subpart; and (C) Reports of the times and durations of all periods during the compliance determination when the pilot flame is absent or the monitor is not operating. (ii) For each control device other than a flare, the owner or operator shall submit the information specified in paragraph (b)(7)(ii)(A) of this section and in either paragraph (b)(7)(ii)(B) or (b)(7)(ii)(C) of this section. (A) The information on parameter ranges specified in § 63.152(b)(2) of this subpart for the applicable parameters specified in table 13 of this subpart, unless the parameter range has already been established in the operating permit; and either (B) The design evaluation specified in § 63.139(d)(2) of this subpart; or (C) Results of the performance test specified in § 63.139(d)(1) of this subpart. Performance test results shall include operating ranges of key process and control parameters during the performance test; the value of each parameter being monitored in accordance with § 63.143 of this subpart; and applicable supporting calculations. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (8) For each treatment process used to comply with § 63.138(b)(1), (c)(1), (d), (e), (f), or (g) of this subpart, the owner or operator shall submit the information specified in paragraphs (b)(8)(i) and (b)(8)(ii) of this section. (i) For Items 1 and 2 in table 12 of this subpart, the owner or operator shall submit the information specified in paragraphs (b)(8)(i)(A) and (b)(8)(i)(B) of this section. An owner or operator using the design steam stripper compliance option specified § 63.138(d) of this subpart does not have to submit the information specified in paragraph (b)(8)(i)(A) or (b)(8)(i)(B) of this section. However, the monitoring requirements specified in Item 2 of table 12 of this subpart still apply. (A) The information on parameter ranges specified in § 63.152(b)(2) of this subpart for the parameters approved by the Administrator, unless the parameter range has already been established in the operating permit. (B) Results of the initial measurements of the parameters approved by the Administrator and any applicable supporting calculations. (ii) For Item 3 in table 12 of this subpart, the owner or operator shall submit the information on parameter ranges specified in § 63.152(b)(2) of this subpart for the parameters specified in Item 3 of table 12 of this subpart, unless the parameter range has already been established in the operating permit. (9) For each waste management unit or treatment process used to comply with § 63.138(b)(1), (c)(1), (e), (f), or (g), the owner or operator shall submit the information specified in either paragraph (b)(9)(i) or (ii) of this section. (i) The design evaluation and supporting documentation specified in § 63.138(j)(1) of this subpart. (ii) Results of the performance test specified in § 63.138(j)(2) of this subpart. Performance test results shall include operating ranges of key process and control parameters during the performance test; the value of each parameter being monitored in accordance with § 63.143 of this subpart; and applicable supporting calculations. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (c) For each waste management unit that receives, manages, or treats a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream, the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) of this subpart the results of each inspection required by § 63.143(a) of this subpart in which a control equipment failure was identified. Control equipment failure is defined for each waste management unit in §§ 63.133 through 63.137 of this subpart. Each Periodic Report shall include the date of the inspection, identification of each waste management unit in which a control equipment failure was detected, description of the failure, and description of the nature of and date the repair was made. (d) Except as provided in paragraph (f) of this section, for each treatment process used to comply with § 63.138(b)(1), (c)(1), (d), (e), (f), or (g), the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) the information specified in paragraphs (d)(1), (2), and (3) of this section for the monitoring required by § 63.143(b), (c), and (d). (1) For Item 1 in table 12, the owner or operator shall submit the results of measurements that indicate that the biological treatment unit is outside the range established in the Notification of Compliance Status or operating permit. Include the identification of the biological treatment unit, the parameter that was out of range and the date that the parameter is out of range. (2) For Item 2 in table 12, the owner or operator shall submit the monitoring results for each operating day during which the daily average value of a continuously monitored parameter is outside the range established in the Notification of Compliance Status or operating permit. Include the identification of the treatment process, the parameter that was out of range, and the date the parameter was out of range. (3) For Item 3 in table 12 of this subpart, the owner or operator shall submit the monitoring results for each operating day during which the daily average value of any monitored parameter approved in accordance with § 63.151 (f) was outside the range established in the Notification of Compliance Status or operating permit. Include the identification of the treatment process, the parameter that was out of range, and the date the parameter was out of range. (e) Except as provided in paragraph (f) of this section, for each control device used to comply with §§ 63.133 through 63.139, the owner or operator shall submit as part of the next Periodic Report required by § 63.152(c) the information specified in either paragraph (e)(1) or (e)(2) of this section. (1) The information specified in table 20 of this subpart, including the date of each occurrence, or (2) If the owner or operator elects to comply with § 63.143(e)(2) of this subpart, i.e., (f) Where the owner or operator obtains approval to use a treatment process or control device other than one for which monitoring requirements are specified in § 63.143 of this subpart, or to monitor parameters other than those specified in table 12 or 13 of this subpart, the Administrator will specify appropriate reporting requirements. (g) If an extension is utilized in accordance with § 63.133(e)(2) or § 63.133(h) of this subpart, the owner or operator shall include in the next periodic report the information specified in § 63.133 (e)(2) or § 63.133(h). [62 FR 2774, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001; 89 FR 43206, May 16, 2024] § 63.147 Process wastewater provisions—recordkeeping. (a) The owner or operator transferring a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream in accordance with § 63.132(g) of this subpart shall keep a record of the notice sent to the treatment operator stating that the wastewater stream or residual contains organic hazardous air pollutants which are required to be managed and treated in accordance with the provisions of this subpart. (b) The owner or operator shall keep in a readily accessible location the records specified in paragraphs (b)(1) through (8) of the section. (1) A record that each waste management unit inspection required by §§ 63.133 through 63.137 of this subpart was performed. (2) A record that each inspection for control devices required by § 63.139 of this subpart was performed. (3) A record of the results of each seal gap measurement required by §§ 63.133(d) and 63.137(c) of this subpart. The records shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b)(2), (3), and (4) of this subpart. (4) For Item 1 and Item 3 of table 12 of this subpart, the owner or operator shall keep the records approved by the Administrator. (5) Except as provided in paragraph (e) of this section, continuous records of the monitored parameters specified in Item 2 of table 12 and table 13 of this subpart, and in § 63.143(e)(2) of this subpart. (6) Documentation of a decision to use an extension, as specified in § 63.133(e)(2) or (h) of this subpart, which shall include a description of the failure, documentation that alternate storage capacity is unavailable, and specification of a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical. (7) Documentation of a decision to use a delay of repair due to unavailability of parts, as specified in § 63.140(c), shall include a description of the failure, the reason additional time was necessary (including a statement of why replacement parts were not kept on site and when the manufacturer promised delivery), and the date when repair was completed. (8) Requirements for Group 2 wastewater streams. (i) Process unit identification and description of the process unit. (ii) Stream identification code. (iii) For existing sources, concentration of table 9 compound(s) in parts per million, by weight. For new sources, concentration of table 8 and/or table 9 compound(s) in parts per million, by weight. Include documentation of the methodology used to determine concentration. (iv) Flow rate in liter per minute. (c) For each boiler or process heater used to comply with §§ 63.133 through 63.139 of this subpart, the owner or operator shall keep a record of any changes in the location at which the vent stream is introduced into the flame zone as required in § 63.139(c)(1) of this subpart. (d) The owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day as specified in § 63.152(f), except as provided in paragraphs (d)(1) through (4) of this section. (1) For flares, except as specified in paragraph (a) of § 63.108, records of the times and duration of all periods during which the pilot flame is absent shall be kept rather than daily averages. (2) Regenerative carbon adsorbers. (i) Records of the total regeneration stream mass flow for each carbon bed regeneration cycle. (ii) Records of the temperature of the carbon bed after each regeneration cycle. (3) Non-regenerative carbon adsorbers. (i)(A) Record of how the monitoring frequency, as specified in table 13 of this subpart, was determined. (B) Records of when organic compound concentration of adsorber exhaust was monitored. (C) Records of when the carbon was replaced. (ii)(A) Record of how the carbon replacement interval, as specified in table 13 of this subpart, was determined. (B) Records of when the carbon was replaced. (4) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.139(d)(5), the owner or operator must keep the applicable records specified in (d)(4)(i) through (d)(4)(iii) of this section. (i) Breakthrough limit and bed life established according to § 63.139(d)(5)(i). (ii) Each outlet HAP or TOC concentration measured according to §§ 63.139(d)(5)(ii) and (d)(5)(iii). (iii) Date and time you last replaced the adsorbent. (e) Where the owner or operator obtains approval to use a control device other than one for which monitoring requirements are specified in § 63.143 of this subpart, or to monitor parameters other than those specified in table 12 or table 13 of this subpart, the Administrator will specify appropriate recordkeeping requirements. (f) If the owner or operator uses process knowledge to determine the annual average concentration of a wastewater stream as specified in § 63.144(b)(3) of this subpart and/or uses process knowledge to determine the annual average flow rate as specified in § 63.144(c)(1) of this subpart, and determines that the wastewater stream is not a Group 1 wastewater stream, the owner or operator shall keep in a readily accessible location the documentation of how process knowledge was used to determine the annual average concentration and/or the annual average flow rate of the wastewater stream. [62 FR 2775, Jan. 17, 1997, as amended at 64 FR 20192, Apr. 26, 1999; 66 FR 6933, Jan. 22, 2001; 89 FR 43206, May 16, 2024] § 63.148 Leak inspection provisions. (a) Except as provided in paragraph (k) of this section, for each vapor collection system, closed vent system, fixed roof, cover, or enclosure required to comply with this section, the owner or operator shall comply with the requirements of paragraphs (b) through (j) of this section. (b) Except as provided in paragraphs (g) and (h) of this section, each vapor collection system and closed vent system shall be inspected according to the procedures and schedule specified in paragraphs (b)(1) and (b)(2) of this section and each fixed roof, cover, and enclosure shall be inspected according to the procedures and schedule specified in paragraph (b)(3) of this section. (1) If the vapor collection system or closed vent system is constructed of hard-piping, the owner or operator shall: (i) Conduct an initial inspection according to the procedures in paragraph (c) of this section, and (ii) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (2) If the vapor collection system or closed vent system is constructed of ductwork, the owner or operator shall: (i) Conduct an initial inspection according to the procedures in paragraph (c) of this section, and (ii) Conduct annual inspections according to the procedures in paragraph (c) of this section. (iii) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (3) For each fixed roof, cover, and enclosure, the owner or operator shall conduct initial visual inspections and semi-annual visual inspections for visible, audible, or olfactory indications of leaks as specified in §§ 63.133 through 63.137 of this subpart. (c) Each vapor collection system and closed vent system shall be inspected according to the procedures specified in paragraphs (c)(1) through (c)(5) of this section. (1) Inspections shall be conducted in accordance with Method 21 of 40 CFR part 60, appendix A. (2)(i) Except as provided in paragraph (c)(2)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the process fluid not each individual volatile organic compound in the stream. For process streams that contain nitrogen, air, or other inerts which are not organic hazardous air pollutants or volatile organic compounds, the average stream response factor shall be calculated on an inert-free basis. (ii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (c)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (c)(2)(i) of this section. (3) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (4) Calibration gases shall be as follows: (i) Zero air (less than 10 parts per million hydrocarbon in air); and (ii) Mixtures of methane in air at a concentration less than 10,000 parts per million. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (c)(2)(i) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (5) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects to not adjust readings for background, all such instrument readings shall be compared directly to the applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in §§ 63.180(b) and (c) of subpart H of this part. The owner or operator shall subtract background reading from the maximum concentration indicated by the instrument. (6) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining compliance. (d) Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (e) of this section. (1) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (2) Repair shall be completed no later than 15 calendar days after the leak is detected, except as provided in paragraph (d)(3) of this section. (3) For leaks found in vapor collection systems used for transfer operations, repairs shall be completed no later than 15 calendar days after the leak is detected or at the beginning of the next transfer loading operation, whichever is later. (e) Delay of repair of a vapor collection system, closed vent system, fixed roof, cover, or enclosure for which leaks have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.101 of subpart F of this part, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next shutdown. (f) For each vapor collection system or closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall comply with the provisions of either paragraph (f)(1) or (f)(2), and (f)(4) of this section, except as provided in paragraph (f)(3) of this section. (1) Install, calibrate, maintain, and operate a flow indicator that determines whether vent stream flow is present at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3) of this subpart. The flow indicator shall be installed at the entrance to any bypass line; or (2) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. (3) Except as specified in paragraph (f)(4) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph. (4) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission suppression requirements specified in §§ 63.133 through 63.137) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) Paragraph (f)(3) of this section no longer applies. Instead, the exemptions specified in paragraphs (f)(4)(ii)(A) and (f)(4)(ii)(B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4), equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (f) of this section. (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (f) of this section. (g) Any parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (i)(1) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) of this section if: (1) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraphs (b)(1), (b)(2), or (b)(3)(i) of this section; and (2) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times. (h) Any parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (i)(2) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs (b)(1), (b)(2), and (b)(3)(i) of this section if: (1) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (2) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (i) The owner or operator shall record the information specified in paragraphs (i)(1) through (i)(5) of this section. (1) Identification of all parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect, an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment. (2) Identification of all parts of the vapor collection system, closed vent system, fixed roof, cover, or enclosure that are designated as difficult to inspect, an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment. (3) For each vapor collection system or closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (i)(3)(i) or (i)(3)(ii) of this section in addition to the information specified in paragraph (i)(3)(iii) of this section. (i) Hourly records of whether the flow indicator specified under paragraph (f)(1) of this section was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (ii) Where a seal mechanism is used to comply with paragraph (f)(2) of this section, hourly records of flow are not required. In such cases, the owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken. (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (i)(3)(i) or (i)(3)(ii) of this section. For each flow event from a bypass line subject to the requirements in paragraph (f) of this section, the owner or operator must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (4) For each inspection during which a leak is detected, a record of the information specified in paragraphs (i)(4)(i) through (i)(4)(viii) of this section. (i) The instrument identification numbers; operator name or initials; and identification of the equipment. (ii) The date the leak was detected and the date of the first attempt to repair the leak. (iii) Maximum instrument reading measured by the method specified in paragraph (d) of this section after the leak is successfully repaired or determined to be nonrepairable. (iv) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (v) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown. (vi) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days. (vii) Dates of shutdowns that occur while the equipment is unrepaired. (viii) The date of successful repair of the leak. (5) For each inspection conducted in accordance with paragraph (c) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (6) For each visual inspection conducted in accordance with paragraph (b)(1)(ii) or (b)(3)(ii) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (j) The owner or operator shall submit with the reports required by § 63.182(b) of subpart H of this part or with the reports required by § 63.152(c) of this subpart, the information specified in paragraphs (j)(1) through (3) of this section and if applicable, the information in paragraph (j)(4) of this section. (1) The information specified in paragraph (i)(4) of this section; (2) Reports of the times of all periods recorded under paragraph (i)(3)(i) of this section when the vent stream is diverted from the control device through a bypass line, including the start date, start time, and duration in hours; and (3) Reports of all periods recorded under paragraph (i)(3)(ii) of this section in which the seal mechanism is broken, the bypass line valve position has changed, or the key to unlock the bypass line valve was checked out. Include the start date, start time, and duration in hours for each period. (4) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (j)(1) through (3) of this section. For bypass lines subject to the requirements in paragraph (f) of this section, the Periodic Report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (k) If a closed vent system subject to this section is also subject to § 63.172, the owner or operator shall comply with the provisions of § 63.172 and is exempt from the requirements of this section. [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 62 FR 2775, Jan. 17, 1997; 64 FR 20192, Apr. 26, 1999; 89 FR 43206, May 16, 2024] § 63.149 Control requirements for certain liquid streams in open systems within a chemical manufacturing process unit. (a) The owner or operator shall comply with the provisions of table 35 of this subpart, for each item of equipment meeting all the criteria specified in paragraphs (b) through (d) and either paragraph (e)(1) or (e)(2) of this section. (b) The item of equipment is of a type identified in table 35 of this subpart; (c) The item of equipment is part of a chemical manufacturing process unit that meets the criteria of § 63.100(b) of subpart F of this part; (d) The item of equipment is controlled less stringently than in table 35 and is not listed in § 63.100(f) of subpart F of this part, and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, or H of this part; and (e) The item of equipment: (1) is a drain, drain hub, manhole, lift station, trench, pipe, or oil/water separator that conveys water with a total annual average concentration greater than or equal to 10,000 parts per million by weight of Table 9 compounds at any flowrate; or a total annual average concentration greater than or equal to 1,000 parts per million by weight of Table 9 compounds at an annual average flow rate greater than or equal to 10 liters per minute. At a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 63.100(l)(2), the criteria of this paragraph are also met if the item of equipment conveys water with an annual average concentration greater than or equal to 10 parts per million by weight of any Table 8 compound at an annual average flow rate greater than or equal to 0.02 liter per minute, or (2) Is a tank that receives one or more streams that contain water with a total annual average concentration greater than or equal to 1,000 ppm (by weight) of Table 9 compounds at an annual average flowrate greater than or equal to 10 liters per minute. At a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2), the criteria of this paragraph are also met if the tank receives one or more streams that contain water with an annual average concentration greater than or equal to 10 parts per million by weight of any Table 8 compound at an annual average flow rate greater than or equal to 0.02 liter per minute. The owner or operator of the source shall determine the characteristics of the stream as specified in paragraphs (e)(2) (i) and (ii) of this section. (i) The characteristics of the stream being received shall be determined at the inlet to the tank. (ii) The characteristics shall be determined according to the procedures in § 63.144 (b) and (c). [62 FR 2776, Jan. 17, 1997] § 63.150 Emissions averaging provisions. (a) This section applies to owners or operators of existing sources who seek to comply with the emission standard in § 63.112(a) of this subpart by using emissions averaging according to § 63.112(f) of this subpart rather than following the provisions of §§ 63.113 through 63.148 of this subpart. Notwithstanding the definition of process vent in § 63.101 and the sampling site designation in § 63.115(a), for purposes of this section the location of a process vent shall be defined, and the characteristics of its gas stream shall be determined, consistent with paragraph (g)(2)(i) of this section. (b) Unless an operating permit application has been submitted, the owner or operator shall develop and submit for approval an Implementation Plan containing all of the information required in § 63.151(d) of this subpart for all points to be included in an emissions average. The Implementation Plan or operating permit application shall identify all emission points to be included in the emissions average. This must include any Group 1 emission points to which the reference control technology (defined in § 63.111 of this subpart) is not applied and all other emission points being controlled as part of the average. (c) The following emission points can be used to generate emissions averaging credits, if control was applied after November 15, 1990 and if sufficient information is available to determine the appropriate value of credits for the emission point: (1) Group 2 emission points. (2) Group 1 emission points that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies must be submitted and approved as provided in paragraph (i) of this section. (3) Emission points from which emissions are reduced by pollution prevention measures. Percent reductions for pollution prevention measures shall be determined as specified in paragraph (j) of this section. (i) For a Group 1 emission point, the pollution prevention measure must reduce emissions more than the reference control technology would have had the reference control technology been applied to the emission point instead of the pollution prevention measure except as provided in paragraph (c)(3)(ii) of this section. (ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 emission point, the pollution prevention measure alone does not have to reduce emissions more than the reference control technology, but the combination of the pollution prevention measure and other controls must reduce emissions more than the reference control technology would have had it been applied instead. (d) The following emission points cannot be used to generate emissions averaging credits: (1) Emission points already controlled on or before November 15, 1990, unless the level of control is increased after November 15, 1990, in which case credit will be allowed only for the increase in control after November 15, 1990. (2) Group 1 emission points that are controlled by a reference control technology, unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph (i) of this section. For example, it is not allowable to claim that an internal floating roof meeting the specifications of § 63.119(b) of this subpart applied to a storage vessel is achieving greater than 95 percent control. (3) Emission points on shut-down process units. Process units that are shut down cannot be used to generate credits or debits. (4) Wastewater that is not process wastewater or wastewater streams treated in biological treatment units. These two types of wastewater cannot be used to generate credits or debits. For the purposes of this section, the terms wastewater and wastewater stream are used to mean process wastewater. (5) Emission points controlled to comply with a State or Federal rule other than this subpart, unless the level of control has been increased after November 15, 1990 above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average. (e) For all points included in an emissions average, the owner or operator shall: (1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology for those emission points. Equations in paragraph (g) of this section shall be used to calculate debits. (2) Calculate and record monthly credits for all Group 1 or Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph (h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph (c) of this section may be included in the credit calculation, whereas those described in paragraph (d) of this section shall not be included. (3) Demonstrate that annual credits calculated according to paragraph (h) of this section are greater than or equal to debits calculated for the same annual compliance period according to paragraph (g) of this section. (i) The owner or operator may choose to include more than the required number of credit-generating emission points in an average in order to increase the likelihood of being in compliance. (ii) The initial demonstration in the Implementation Plan or operating permit application that credit-generating emission points will be capable of generating sufficient credits to offset the debits from the debit-generating emission points must be made under representative operating conditions. After the compliance date, actual operating data will be used for all debit and credit calculations. (4) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis. (5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.152(c) of this subpart. Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.152(c)(5)(iv)(B) of this subpart. (f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs (g) and (h) of this section, respectively, and shall not include emissions from the following: (1) More than 20 individual Group 1 or Group 2 emission points. Where pollution prevention measures (as specified in paragraph (j)(1) of this section) are used to control emission points to be included in an emissions average, no more than 25 emission points may be included in the average. For example, if two emission points to be included in an emissions average are controlled by pollution prevention measures, the average may include up to 22 emission points. (2) Periods of start-up, shutdown, and malfunction as described in the source's start-up, shutdown, and malfunction plan required by § 63.6(e)(3). For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (3) Periods of monitoring excursions as defined in § 63.152(c)(2)(ii)(A) of this subpart. For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of this section. (i) No credits would be assigned to the credit-generating emission point. (ii) Maximum debits would be assigned to the debit-generating emission point. (iii) The owner or operator may demonstrate to the Administrator that full or partial credits or debits should be assigned using the procedures in paragraph (l) of this section. (g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or is controlled to a level less stringent than the reference control technology, and the emissions allowed for the Group 1 emission point. Debits shall be calculated as follows: (1) The overall equation for calculating source-wide debits is: where: Debits and all terms of the equation are in units of megagrams per month, and EPV iACTUAL (0.02) EPV iu ES iACTUAL (0.05) ES iu ETR iACTUAL (0.02) ETR iu EWW iACTUAL EWW ic n = The number of emission points being included in the emissions average. The value of n is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater. (2) Emissions from process vents shall be calculated according to paragraphs (g)(2)(i) through (iii) of this section. (i) The location of a process vent shall be defined, and the characteristics of its gas stream shall be determined at a point that meets the conditions in either paragraph (g)(2)(i)(A) or (B) of this section and the conditions in paragraphs (g)(2)(i)(C) through (E) of this section. (A) The point is after the final recovery device (if any recovery devices are present). (B) If a gas stream included in an emissions average is combined with one or more other gas streams after a final recovery device (if any recovery devices are present), then for each gas stream, the point is at a representative point after any final recovery device and as near as feasible to, but before, the point of combination of the gas streams. (C) The point is before any control device (for process vents, recovery devices shall not be considered control devices). (D) The point is before discharge to the atmosphere. (E) The measurement site for determination of the characteristics of the gas stream was selected using Method 1 or 1A of 40 CFR part 60, appendix A. (ii) The following equation shall be used for each process vent i to calculate EPV iu Where: EPV iu Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Method 2, 2A, 2C, or 2D of part 60, appendix A, as appropriate. h = Monthly hours of operation during which positive flow is present in the vent, hours per month. Cj = Concentration, parts per million by volume, dry basis, of organic HAP j as measured by Method 18 of part 60, appendix A, or ASTM D6420-18 (incorporated by reference, see § 63.14). Mj = Molecular weight of organic HAP j, gram per gram-mole. n = Number of organic HAP's. (A) The values of Q, C j j j j (iii) The following procedures and equations shall be used to calculate EPV iACTUAL (A) If the vent is not controlled by a control device or pollution prevention measure, EPV iACTUAL iu iu (B) If the vent is controlled using a control device or a pollution prevention measure achieving less than 98-percent reduction, ( 1 ( 2 iACTUAL. ( 3 (3) Emissions from storage vessels shall be calculated as follows: (i) The following equation shall be used for each storage vessel i to calculate ES iu where: ES iu L B L W 12 = Constant, months per year. (A) Breathing loss emissions shall be calculated using the following equation: where: M v P A P = True vapor pressure of the HAP at liquid storage temperature, pounds per square inch absolute. See table 21 of this subpart. D = Tank diameter, feet. H = Average vapor space height, feet. Use vessel-specific values or an assumed value of one-half the height. Δ T = Average ambient diurnal temperature change, °F. A typical value of 20 °F may be used. F p p C = Adjustment factor for small diameter tanks, dimensionless; use C = 1 for diameter ≥30 feet; use C = 0.0771D − 0.0013D 2 K C (B) Working losses shall be calculated using the following equation: L W −8 v N C where: V = Tank capacity, gallon. N = Number of turnovers per year. K N M v C (C) The owner or operator may elect to calculate ES iu ( 1 ( 2 (ii) The following procedures and equations shall be used for each fixed roof storage vessel i that is not controlled with a floating roof to calculate ES iACTUAL (A) If the vessel is not controlled, ES iACTUAL iu iu (B) Except as provided in paragraph (g)(3)(ii)(C) of this section, if the vessel is controlled using a control device or pollution prevention measure achieving less than 95-percent reduction, ( 1 ( 2 (C) If the vessel is controlled according to the provisions of § 63.119(e)(2) of this section whereby the control device is only required to achieve at least 90-percent reduction, the vessel shall not be considered to be generating debits. (iii) The following equation shall be used for each internal floating roof vessel i that does not meet the specifications of § 63.119(b) or (d) of this subpart to calculate ES iACTUAL where: L W L R L F L D 12 = Constant, months per year. (A) Withdrawal loss emissions shall be calculated using the following equation: where: Q = Throughput, gallon per year; (gallon/turnover) * (turnovers per year). C = Shell clingage factor, barrel per 1,000 square foot, see table 23 of this subpart. WL = Average liquid density, pound per gallon. D = Tank diameter, feet. N c F c (B) Rim seal loss emissions shall be calculated using the following equation: where: M v D = Tank diameter, feet. K c K s n V = Average wind speed at the source, miles per hour. A value of 10 miles per hour may be assumed if source-specific data are not available. n = Seal related wind speed exponent, dimensionless, see table 26 of this subpart. 2,205 = Constant, pounds per megagram. P* = Vapor pressure function, dimensionless, and where: P A P = True vapor pressure at liquid storage temperature, pounds per square inch absolute. (C) Fitting loss emissions shall be calculated using the following equation: where: F f where: N Fi Fi K Fi Fi n = Number of different types of fittings, dimensionless. P*, M v c (D) Deck seam loss emissions shall be calculated using the following equation: where: K D K D K D S D D, P*, M v c (iv) The following equation shall be used for each external floating roof vessel i that does not meet the specifications of § 63.119(c) of this subpart to calculate ES iACTUAL where: L W L R L F 12 = Constant, months per year. (A) Withdrawal loss emissions shall be calculated using the following equation: where: Q = Throughput, gallons per year. C = Shell clingage factor, barrel per 1,000 square foot, see table 23 of this subpart. W L D = Vessel diameter, feet. (B) Rim seal loss emissions shall be calculated using the following equation: where: K s N V = Average wind speed, miles per hour, at the source. A value of 10 miles per hour may be assumed if source-specific data are not available. N = Seal wind speed exponent, dimensionless, see table 29 of this subpart. P* = Vapor pressure function, dimensionless, as defined in paragraph (g)(3)(iii)(B) of this section. D = Vessel diameter, feet. M V K c 2,205 = Constant, pounds per megagram. (C) Fitting loss emissions shall be calculated using the following equation: where: F F where: N Fi Fi K Fi K Fi Fai Fbi mi Fa Fb V, P*, M v c (4) Emissions from transfer racks shall be calculated as follows: (i) The following equation shall be used for each transfer rack i to calculate ETR iu where: ETR iu S = Saturation factor, dimensionless (see table 33 of this subpart). P = Weighted average rack partial pressure of organic HAP's transferred at the rack during the month, kilopascals. M = Weighted average molecular weight of organic HAP's transferred at the transfer rack during the month, gram per gram-mole. G = Monthly volume of organic HAP's transferred, liters per month. T = Weighted rack bulk liquid loading temperature during the month, Kelvin ( °C + 273). (ii) The following equation shall be used for each transfer rack i to calculate the weighted average rack partial pressure: where: P j G = Monthly volume of organic HAP transferred, liters per month, and G j n = Number of organic HAP's transferred at the transfer rack. (iii) The following equation shall be used for each transfer rack i to calculate the weighted average rack molecular weight: where: M j G, G j (iv) The following equation shall be used for each transfer rack i to calculate the monthly weighted rack bulk liquid loading temperature: where: T j G, G j (v) The following procedures and equations shall be used to calculate ETR iACTUAL (A) If the transfer rack is not controlled, ETR iACTUAL iu iu (B) If the transfer rack is controlled using a control device or a pollution prevention measure achieving less than the 98-percent reduction, ( 1 ( 2 (5) Emissions from wastewater shall be calculated as follows: (i) The following equation shall be used for each wastewater stream i to calculate EWW ic where: EWW ic Q i H i s = Total number of table 9 HAP in wastewater stream i. Fr m Fe m HAP im (A) HAP im (B) Values for Q i im im i im im (C) If there is a change to the process or operation such that the previously measured values of Q i im im i im im (ii) The following equation shall be used to calculate EWW iACTUAL i i m im Where: EWW iACTUAL (iii) The following equation shall be used to calculate EWW iACTUAL i i m im Where: EWW iACTUAL PR im Where: HAP im-in HAP im-out R i (h) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from a Group 1 or Group 2 emission point that has been controlled after November 15, 1990 to a level more stringent than what is required by this subpart or any other State or Federal rule or statute. Credits shall be calculated as follows: (1) The overall equation for calculating source-wide credits is: where: Credits and all terms of the equation are in units of megagrams per month, the baseline date is November 15, 1990, and: D = Discount factor = 0.9 for all credit generating emission points except those controlled by a pollution prevention measure, which will not be discounted. EPV1 iACTUAL (0.02) EPV1 iu iu EPV2 iACTUAL EPV2 iBASE ES1 iACTUAL (0.05) ES1 iu iu ES2 iACTUAL ES2 iBASE ETR1 iACTUAL (0.02) ETR1 iu iu ETR2 iACTUAL ETR2 iBASE EWW1 iACTUAL EWW1 ic EWW2 iACTUAL EWW2 iBASE n = Number of Group 1 emission points included in the emissions average. The value of n is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater. m = Number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for process vents, storage vessels, transfer racks, and wastewater. (i) For an emission point controlled using a reference control technology, the percent reduction for calculating credits shall be no greater than the nominal efficiency associated with the reference control technology, unless a higher nominal efficiency is assigned as specified in paragraph (h)(1)(ii) of this section. (ii) For an emission point controlled to a level more stringent than the reference control technology, the nominal efficiency for calculating credits shall be assigned as described in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedures in paragraph (i) of this section. (iii) For an emission point controlled using a pollution prevention measure, the nominal efficiency for calculating credits shall be as determined as described in paragraph (j) of this section. (2) Emissions from process vents shall be determined as follows: (i) Uncontrolled emissions from Group 1 process vents, EPV1 iu iu (ii) Actual emissions from Group 1 process vents controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, EPV1 iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 process vents, EPV2 iACTUAL (A) For a Group 2 process vent controlled by a control device, a recovery device applied as a pollution prevention project, or a pollution prevention measure, if the control achieves a percent reduction less than or equal to 98 percent reduction, ( 1 iu iu 3 ( 2 1 3 4 ( 3 iu iu iu ( 4 (B) For a Group 2 process vent controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction, (iv) Emissions from Group 2 process vents at baseline, EPV2 iBASE (A) If the process vent was uncontrolled on November 15, 1990, EPV2 iBASE iu iu (B) If the process vent was controlled on November 15, 1990, where EPV2 iu iu 1 3 (C) If a recovery device was added to a process vent as part of a pollution prevention project initiated after November 15, 1990, EPV2 iBASE iu iu 3 (3) Emissions from storage vessels shall be determined as follows: (i) Uncontrolled emissions from Group 1 storage vessels, ES1 iu iu (ii) Actual emissions from Group 1 storage vessels controlled using a technology with an approved nominal efficiency greater than 95 percent or a pollution prevention measure achieving greater than 95 percent emission reduction, ES1 iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 storage vessels, ES2 iACTUAL (A) For a Group 2 storage vessel controlled using a control device or a pollution prevention measure (other than an internal or external floating roof) achieving a percent reduction less than or equal to 95-percent reduction, ( 1 iu iu ( 2 1 2 ( 3 (B) If a Group 2 storage vessel is controlled with an internal or external floating roof not meeting the specifications of § 63.119 (b), (c), or (d) of this subpart, ES2 iACTUAL iACTUAL (C) For a Group 2 storage vessel controlled using a technology with an approved nominal efficiency greater than 95 percent or a pollution prevention measure achieving greater than 95 percent reduction, (iv) Emissions from Group 2 storage vessels at baseline, ES2 iBASE (A) If the fixed-roof vessel was uncontrolled on November 15, 1990, ES2 iBASE iu iu (B) If the storage vessel was controlled on November 15, 1990: ( 1 iACTUAL iBASE ( 2 iACTUAL iBASE ( 3 iBASE where ES2 iu iu 1 2 (4) Emissions from transfer racks shall be determined as follows: (i) Uncontrolled emissions from Group 1 transfer racks, ETR1 iu iu (ii) Actual emissions from Group 1 transfer racks controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, ETR iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 transfer racks, ETR2 iACTUAL (A) For a Group 2 transfer rack controlled by a control device or a pollution prevention measure achieving a percent reduction less than or equal to 98 percent reduction, ( 1 iu iu ( 2 1 2 (B) For a Group 2 transfer rack controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction, (iv) Emissions from Group 2 transfer racks at baseline, ETR2 iBASE (A) If the transfer rack was uncontrolled on November 15, 1990, ETR2 iBASE iu iu (B) If the transfer rack was controlled on November 15, 1990, where ETR2 iu iu 1 2 (5) Emissions from wastewater shall be determined as follows: (i) EWW1 ic ic (ii) EWW2 iBASE iACTUAL (iii) EWW2 iBASE iACTUAL (iv) For Group 2 wastewater streams that are managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, EWW2 iACTUAL (A) EWW2 iACTUAL iACTUAL (B) EWW2 iACTUAL iACTUAL (v) The following equations for EWW1iACTUAL shall be used to calculate emissions from each Group 1 wastewater stream i that is managed according to the requirements of §§ 63.133 through 63.137 of this subpart, as applicable, and is controlled to a level more stringent than the reference control technology. (A) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency in the concentration of table 9 HAP for stream i greater than that of the design steam stripper specified in § 63.138(d) of this subpart, and the control device used to reduce table 9 HAP emissions from the vapor stream(s) vented from the treatment process(es) achieves a percent reduction equal to 95 percent, the following equation shall be used. All terms in this equation are as defined and determined in paragraph (g)(5) of this section. (B) If the Group 1 wastewater stream i is not controlled using a treatment process or series of treatment processes with a nominal reduction efficiency in the table 9 HAP concentration greater than that of the design steam stripper specified in § 63.138(d) of this subpart, but the vapor stream(s) vented from the treatment process(es) are controlled using a device with an approved nominal efficiency greater than 95 percent, the following equation shall be used. All terms other than nominal efficiency are as defined and determined in paragraph (g)(5) of this section. (C) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency in the table 9 HAP concentration greater than that of the design steam stripper specified in § 63.138(d) of this subpart, and the vapor stream(s) vented from the treatment process are controlled using a device with an approved nominal efficiency greater than 95 percent, the following equation shall be used. All terms other than nominal efficiency are as defined and determined in paragraph (g)(5) of this section. (i) The following procedures shall be followed to establish nominal efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this section shall be followed for control technologies that are different in use or design from the reference control technologies and achieve greater percent reductions than the percent efficiencies assigned to the reference control technologies in § 63.111 of this subpart. (1) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology, and the different control technology will be used in more than three applications at a single plant-site, the owner or operator shall submit the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to the Director of the EPA Office of Air Quality Planning and Standards in writing: (i) Emission stream characteristics of each emission point to which the control technology is or will be applied including the kind of emission point, flow, organic HAP concentration, and all other stream characteristics necessary to design the control technology or determine its performance. (ii) Description of the control technology including design specifications. (iii) Documentation demonstrating to the Administrator's satisfaction the control efficiency of the control technology. This may include performance test data collected using an appropriate EPA method or any other method validated according to Method 301 of appendix A of this part. If it is infeasible to obtain test data, documentation may include a design evaluation and calculations. The engineering basis of the calculation procedures and all inputs and assumptions made in the calculations shall be documented. (iv) A description of the parameter or parameters to be monitored to ensure that the control technology will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters). (2) The Administrator shall determine within 120 calendar days whether an application presents sufficient information to determine nominal efficiency. The Administrator reserves the right to request specific data in addition to the items listed in paragraph (i)(1) of this section. (3) The Administrator shall determine within 120 calendar days of the submittal of sufficient data whether a control technology shall have a nominal efficiency and the level of that nominal efficiency. If, in the Administrator's judgment, the control technology achieves a level of emission reduction greater than the reference control technology for a particular kind of emission point, the Administrator will publish a Federal Register (4) The Administrator may condition permission to take emission credits for use of the control technology on requirements that may be necessary to ensure operation and maintenance to achieve the specified nominal efficiency. (5) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology and the different control technology will be used in no more than three applications at a single plant site, the information listed in paragraphs (i)(1)(i) through (i)(1)(iv) can be submitted to the permitting authority for the source for approval instead of the Administrator. (i) In these instances, use and conditions for use of the control technology can be approved by the permitting authority as part of an operating permit application or modification. The permitting authority shall follow the procedures specified in paragraphs (i)(2) through (i)(4) of this section except that, in these instances, a Federal Register (ii) If, in reviewing the application, the permitting authority believes the control technology has broad applicability for use by other sources, the permitting authority shall submit the information provided in the application to the Director of the EPA Office of Air Quality Planning and Standards. The Administrator shall review the technology for broad applicability and may publish a Federal Register (6) If, in reviewing an application for a control technology for an emission point, the Administrator or permitting authority determines the control technology is not different in use or design from the reference control technology, the Administrator or permitting authority shall deny the application. (j) The following procedures shall be used for calculating the efficiency (percent reduction) of pollution prevention measures: (1) A pollution prevention measure is any practice which meets the criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section. (i) A pollution prevention measure is any practice that results in a lesser quantity of organic HAP emissions per unit of product released to the atmosphere prior to out-of-process recycling, treatment, or control of emissions, while the same product is produced. (ii) Pollution prevention measures may include: substitution of feedstocks that reduce HAP emissions; alterations to the production process to reduce the volume of materials released to the environment; equipment modifications; housekeeping measures; and in-process recycling that returns waste materials directly to production as raw materials. Production cutbacks do not qualify as pollution prevention. (2) The emission reduction efficiency of pollution prevention measures implemented after November 15, 1990, can be used in calculating the actual emissions from an emission point in the debit and credit equations in paragraphs (g) and (h) of this section. When the term “organic HAP” is used in § 63.150(j)(2) in reference to wastewater emission points, the term “table 9 HAP” shall apply for the purposes of this paragraph. (i) For pollution prevention measures, the percent reduction used in the equations in paragraphs (g)(2) through (g)(5) of this section and paragraphs (h)(2) through (h)(5) of this section is the percent difference between the monthly organic HAP emissions for each emission point after the pollution prevention measure for the most recent month versus monthly emissions from the same emission point before the pollution prevention measure, adjusted by the volume of product produced during the two monthly periods. (ii) The following equation shall be used to calculate the percent reduction of a pollution prevention measure for each emission point. where: Percent reduction = Efficiency of pollution prevention measure (percent organic HAP reduction). E B E pp P B B P pp (A) The monthly emissions before the pollution prevention measure, E B (B) For wastewater, E B Where: n = Number of wastewater streams. Q Bi H Bi s = Total number of table 9 HAP in wastewater stream i. Fe m HAP Bim (C) If the pollution prevention measure was implemented prior to April 22, 1994, records may be used to determine E B (D) The monthly emissions after the pollution prevention measure, E pp (E) For wastewater, E pp where n, Q ppi ppi m ppim ppi ppi ppim (iii) All equations, calculations, test procedures, test results, and other information used to determine the percent reduction achieved by a pollution prevention measure for each emission point shall be fully documented. (iv) The same pollution prevention measure may reduce emissions from multiple emission points. In such cases, the percent reduction in emissions for each emission point must be calculated. (v) For the purposes of the equations in paragraphs (h)(2) through (h)(5) of this section, used to calculate credits for emission points controlled more stringently than the reference control technology, the nominal efficiency of a pollution prevention measure is equivalent to the percent reduction of the pollution prevention measure. When a pollution prevention measure is used, the owner or operator of a source is not required to apply to the Administrator for a nominal efficiency and is not subject to paragraph (i) of this section. (k) The owner or operator must demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the operating permit authority, greater risk to human health or the environment than if the emission points were controlled according to the provisions in §§ 63.113 through 63.148. (1) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the operating permit authority. (i) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination. (ii) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use. (2) Owners and operators shall provide documentation demonstrating the hazard or risk equivalency of their proposed emissions average in their operating permit application or in their Implementation Plan if an operating permit application has not yet been submitted. (3) An emissions averaging plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the emissions averaging plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.113 through 63.148 of this subpart. (4) A hazard or risk equivalency demonstration must: (i) Be a quantitative, bona fide chemical hazard or risk assessment; (ii) Account for differences in chemical hazard or risk to human health or the environment; and (iii) Meet any requirements set by the Administrator for such demonstrations. (l) For periods of excursions, an owner or operator may request that the provisions of paragraphs (l)(1) through (l)(4) of this section be followed instead of the procedures in paragraphs (f)(3)(i) and (f)(3)(ii) of this section. (1) The owner or operator shall notify the Administrator of excursions in the Periodic Reports as required in § 63.152 of this subpart. (2) The owner or operator shall demonstrate that other types of monitoring data or engineering calculations are appropriate to establish that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. This demonstration shall be made to the Administrator's satisfaction, and the Administrator may establish procedures of demonstrating compliance that are acceptable. (3) The owner or operator shall provide documentation of the excursion and the other type of monitoring data or engineering calculations to be used to demonstrate that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. (4) The Administrator may assign full or partial credit and debits upon review of the information provided. (m) For each Group 1 or Group 2 emission point included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for Group 1 emission points complying with §§ 63.113 through 63.148 of this subpart. The specific requirements for process vents, storage vessels, transfer racks, and wastewater are identified in paragraphs (m)(1) through (m)(6) of this section. (1) The source shall implement the following testing, monitoring, recordkeeping, and reporting procedures for each process vent equipped with a flare, incinerator, boiler, or process heater. (i) Determine, consistent with paragraph (g)(2)(i) of this section, whether the process vent is Group 1 or Group 2 according to the procedures in § 63.115. (ii) Conduct performance tests to determine percent reduction as specified in § 63.116 of this subpart; (iii) Monitor the operating parameters, keep records, and submit reports specified in § 63.114, § 63.117(a), and § 63.118 (a), (f), and (g) of this subpart, as appropriate for the specific control device. (2) The source shall implement the following procedures for each process vent equipped with a carbon adsorber, absorber, or condenser but not equipped with a control device: (i) Except as specified in § 63.113(a)(4), determine, consistent with paragraph (g)(2)(i) of this section, the flow rate, organic HAP concentration, and TRE index value using the methods specified in § 63.115; (ii) Monitor the operating parameters, keep records, and submit reports specified in § 63.114, § 63.117(a), and § 63.118(b), (f), and (g) of this subpart, as appropriate for the specific recovery device. (3) The source shall implement the following procedures for each storage vessel controlled with an internal floating roof, external roof, or a closed vent system with a control device, as appropriate to the control technique: (i) Perform the monitoring or inspection procedures in § 63.120 of this subpart, (ii) Perform the reporting and recordkeeping procedures in §§ 63.122 and 63.123 of this subpart, and (iii) For closed vent systems with control devices, conduct an initial design evaluation and submit an operating plan as specified in § 63.120(d) and § 63.122(a)(2) and (b) of this subpart. (4) The source shall implement the following procedures for each transfer rack controlled with a vapor balancing system, or a vapor collection system and an incinerator, flare, boiler, process heater, adsorber, condenser, or absorber, as appropriate to the control technique: (i) The monitoring and inspection procedures in § 63.127 of this subpart, (ii) The testing and compliance procedures in § 63.128 of this subpart, and (iii) The reporting and recordkeeping procedures in § 63.129 and § 63.130 of this subpart. (5) The source shall implement the following procedures for wastewater emission points, as appropriate to the control techniques: (i) For wastewater treatment processes, conduct tests as specified in § 63.138(j) of this subpart. (ii) Conduct inspections and monitoring as specified in § 63.143 of this subpart. (iii) A recordkeeping program as specified in § 63.147 of this subpart. (iv) A reporting program as specified in § 63.146 of this subpart. (6) If an emission point in an emissions average is controlled using a pollution prevention measure or a device or technique for which no monitoring parameters or inspection procedures are specified in § 63.114, § 63.120, § 63.127, or § 63.143 of this subpart, the owner or operator shall submit the information specified in § 63.151(f) of this subpart in the Implementation Plan or operating permit application. (n) Records of all information required to calculate emission debits and credits shall be retained for five years. (o) Initial Notifications, Implementation Plans, Notifications of Compliance Status, Periodic Reports, and other reports shall be submitted as required by § 63.151 and § 63.152 of this subpart. [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 64 FR 20192, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001; 89 FR 43207, May 16, 2024] § 63.151 Initial notification. (a) Each owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (a)(1) through (a)(5) of this section. Owners or operators requesting an extension of compliance shall also submit the report listed in paragraph (a)(6) of this section. (1) An Initial Notification described in paragraph (b) of this section, and (2) An Implementation Plan for new sources subject to this subpart or for emission points to be included in an emissions average, unless an operating permit application has been submitted prior to the date the Implementation Plan is due and the owner or operator has elected to include the information specified in § 63.152(e) in that application. The submittal date and contents of the Implementation Plan are specified in paragraphs (c) and (d) of this section. (3) A Notification of Compliance Status described in § 63.152 of this subpart, (4) Periodic Reports described in § 63.152 of this subpart, and (5) Other reports described in § 63.152 of this subpart. (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing source up to 1 additional year to comply with section 112(d) standards. (i) For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application or as part of the Initial Notification or as a separate submittal. Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in § 63.100(k)(2), § 63.100(l)(4), and § 63.100(m) of subpart F of this part, except as provided for in paragraph (a)(6)(iv) of this section. The dates specified in § 63.6(i) of subpart A of this part for submittal of requests for extensions shall not apply to sources subject to this subpart G. (ii) A request for an extension of compliance must include the data described in § 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this part. (iii) The requirements in § 63.6(i)(8) through (i)(14) of subpart A will govern the review and approval of requests for extensions of compliance with this subpart. (iv) An owner or operator may submit a compliance extension request after the date specified in paragraph (a)(6)(i) of this section provided the need for the compliance extension arose after that date and before the otherwise applicable compliance date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information in paragraph (a)(6)(ii) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problem. (7) The reporting requirements for storage vessels are located in § 63.122 of this subpart. (b) Each owner or operator of an existing or new source subject to subpart G shall submit a written Initial Notification to the Administrator, containing the information described in paragraph (b)(1) of this section, according to the schedule in paragraph (b)(2) of this section. The Initial Notification provisions in § 63.9(b)(2), (b)(3), and (b)(6) of subpart A shall not apply to owners or operators of sources subject to subpart G. (1) The Initial Notification shall include the following information: (i) The name and address of the owner or operator; (ii) The address (physical location) of the affected source; (iii) An identification of the kinds of emission points within the source that are subject to this subpart; (iv) An identification of the chemical manufacturing processes subject to subpart G; and (v) A statement of whether the source can achieve compliance by the relevant compliance date specified in § 63.100 of subpart F. (2) The Initial Notification shall be submitted according to the schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this section, as applicable. (i) For an existing source, the Initial Notification shall be submitted within 120 calendar days after the date of promulgation, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (ii) For a new source that has an initial start-up 90 calendar days after the date of promulgation of this subpart or later, the application for approval of construction or reconstruction required by § 63.5(d) of subpart A shall be submitted in lieu of the Initial Notification. The application shall be submitted as soon as practicable before construction or reconstruction is planned to commence (but it need not be sooner than 90 calendar days after the date of promulgation of this subpart). For a new source that reclassifies to major source status after January 19, 2021 and greater than 90 days after the initial start-up, the source shall submit the initial notification required by § 63.9(b) no later than 120 days after the source becomes subject to this subpart. (iii) For a new source that has an initial start-up prior to 90 calendar days after the date of promulgation, the Initial Notification shall be submitted within 90 calendar days after the date of promulgation of this subpart, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The application for approval of construction or reconstruction described in § 63.5(d) of subpart A is not required for these sources. (c) Each owner or operator of an existing source with emission points that will be included in an emissions average or new source subject to this subpart must submit an Implementation Plan to the Administrator by the dates specified in paragraphs (c)(1) and (c)(2) of this section, unless an operating permit application accompanied by the information specified in § 63.152(e) of this subpart has been submitted. The Implementation Plan for emissions averaging is subject to Administrator approval. (1) Each owner or operator of an existing source subject to this subpart who elects to comply with § 63.112 of this subpart by using emissions averaging for any emission points, and who has not submitted an operating permit application accompanied by the information specified in § 63.152(e) of this subpart at least 18 months prior to the compliance dates specified in § 63.100 of subpart F of this part, shall develop an Implementation Plan for emissions averaging. For existing sources, the Implementation Plan for those emission points to be included in an emissions average shall be submitted no later than 18 months prior to the compliance dates in § 63.100 of subpart F of this part. (2) Each owner or operator of a new source shall submit an Implementation Plan by the date specified in paragraphs (c)(2)(i) or (c)(2)(ii) of this section, as applicable, unless an operating permit application containing the information in paragraph (e) of this section has been submitted by that date. (i) For a new source that has an initial start-up 90 calendar days after the date of promulgation of this subpart or later, the Implementation Plan shall be submitted with the application for approval of construction or reconstruction by the date specified in paragraph (b)(2)(ii) of this section. (ii) For a new source that has an initial start-up prior to 90 calendar days after the date of promulgation, the Implementation Plan shall be submitted within 90 calendar days after the date of promulgation of this subpart. (3) The Administrator shall determine within 120 calendar days whether the Implementation Plan submitted by sources using emissions averaging presents sufficient information. The Administrator shall either approve the Implementation Plan, request changes, or request that the owner or operator submit additional information. Once the Administrator receives sufficient information, the Administrator shall approve, disapprove, or request changes to the plan within 120 calendar days. (d) Each owner or operator required to submit an Implementation Plan for emissions averaging shall include in the plan, for all emission points included in the emissions average, the information listed in paragraphs (d)(1) through (d)(8) of this section. (1) The identification of all emission points in the planned emissions average and notation of whether each point is a Group 1 or Group 2 emission point as defined in § 63.111 of this subpart. (2) The projected emission debits and credits for each emission point and the sum for the emission points involved in the average calculated according to § 63.150 of this subpart. The projected credits must be greater than the projected debits, as required under § 63.150(e)(3) of this subpart. (3) The specific control technology or pollution prevention measure that will be used for each emission point included in the average and date of application or expected date of application. (4) The specific identification of each emission point affected by a pollution prevention measure. To be considered a pollution prevention measure, the criteria in § 63.150(j)(1) of this subpart must be met. If the same pollution prevention measure reduces or eliminates emissions from multiple emission points in the average, the owner or operator must identify each of these emission points. (5) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in § 63.150(m), (n), and (o) of this subpart that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance. (6) Documentation of the information listed in paragraph (d)(6)(i) through (d)(6)(v) of this section for each process vent, storage vessel, or transfer rack included in the average. (i) The values of the parameters used to determine whether the emission point is Group 1 or Group 2. Except as specified in § 63.113(a)(4), where TRE index value is used for process vent group determination, the estimated or measured values of the parameters used in the TRE equation in § 63.115(d) (flow rate, organic HAP emission rate, TOC emission rate, and net heating value) and the resulting TRE index value shall be submitted. (ii) The estimated values of all parameters needed for input to the emission debit and credit calculations in § 63.150 (g) and (h) of this subpart. These parameter values, or as appropriate, limited ranges for the parameter values, shall be specified in the source's Implementation Plan (or operating permit) as enforceable operating conditions. Changes to these parameters must be reported as required by paragraph (i)(2)(ii) of this section. (iii) The estimated percent reduction if a control technology achieving a lower percent reduction than the efficiency of the reference control technology, as defined in § 63.111 of this subpart, is or will be applied to the emission point. (iv) The anticipated nominal efficiency if a control technology achieving a greater percent emission reduction than the efficiency of the reference control technology is or will be applied to the emission point. The procedures in § 63.150(i) of this subpart shall be followed to apply for a nominal efficiency. (v) The operating plan required in § 63.122(a)(2) and (b) for each storage vessel controlled with a closed vent system with a control device other than a flare. (7) The information specified in § 63.151(f) of this subpart shall be included in the Implementation Plan for: (i) Each process vent or transfer rack controlled by a pollution prevention measure or control technique for which monitoring parameters or inspection procedures are not specified in § 63.114, § 63.126(b)(3), or § 63.127 of this subpart, and (ii) Each storage vessel controlled by pollution prevention or a control technique other than an internal or external floating roof or a closed vent system with a control device. (8) Documentation of the information listed in paragraph (d)(8)(i) through (d)(8)(iv) for each process wastewater stream included in the average. (i) The information used to determine whether the wastewater stream is a Group 1 or Group 2 wastewater stream. (ii) The estimated values of all parameters needed for input to the wastewater emission credit and debit calculations in § 63.150 (g)(5) and (h)(5) of this subpart. (iii) The estimated percent reduction if: (A) A control technology that achieves an emission reduction less than or equal to the emission reduction achieved by the design steam stripper, as specified in § 63.138(g) of this subpart, is or will be applied to the wastewater stream, or (B) A control technology achieving less than or equal to 95 percent emission reduction is or will be applied to the vapor stream(s) vented and collected from the treatment processes, or (C) A pollution prevention measure is or will be applied. (iv) The anticipated nominal efficiency if the owner or operator plans to apply for a nominal efficiency under § 63.150(i) of this subpart. A nominal efficiency shall be applied for if: (A) A control technology is or will be applied to the wastewater stream and achieves an emission reduction greater than the emission reduction achieved by the design steam stripper as specified in § 63.138(g) of this subpart, or (B) A control technology achieving greater than 95 percent emission reduction is or will be applied to the vapor stream(s) vented and collected from the treatment processes. (v) For each pollution prevention measure, treatment process, or control device used to reduce air emissions of organic HAP's from wastewater and for which no monitoring parameters or inspection procedures are specified in § 63.143 of this subpart, the information specified in § 63.151(f) of this subpart shall be included in the Implementation Plan. (e) An owner or operator expressly referred to this paragraph shall report, in an Implementation Plan, operating permit application, or as otherwise specified by the permitting authority, the information listed in paragraphs (e)(1) through (e)(5) of this section. (1) A list designating each emission point complying with §§ 63.113 through 63.149 and whether each emission point is Group 1 or Group 2, as defined in § 63.111. For each process vent within the source, provide the information listed in paragraphs (e)(1)(i) through (iv) of this section. (i) The chemical manufacturing process unit(s) that is the origin of all or part of the vent stream that exits the process vent. (ii) The type(s) of unit operations (i.e., an air oxidation reactor, distillation unit, or reactor) that creates the vent stream that exits the process vent. (iii) For a Group 2 process vent, the last recovery device, if any. (iv) For a Group 1 process vent, the control device, or other equipment used for compliance. (2) The control technology or method of compliance that will be applied to each Group 1 emission point. (3) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in §§ 63.113 through 63.149 of this subpart that are applicable to each emission point will be implemented beginning on the date of compliance. (4) The operating plan required in § 63.122(a)(2) and (b) of this subpart for each storage vessel controlled with a closed vent system with a control device other than a flare. (5) The monitoring information in § 63.151(f) of this subpart if, for any emission point, the owner or operator of a source seeks to comply through use of a control technique other than those for which monitoring parameters are specified in § 63.114 for process vents, § 63.127 for transfer, and § 63.143 for process wastewater. (f) The owner or operator who has been directed by any section of this subpart that expressly references this paragraph to set unique monitoring parameters or who requests approval to monitor a different parameter than those listed in § 63.114 for process vents, § 63.127 for transfer, or § 63.143 for process wastewater of this subpart shall submit the information specified in paragraphs (f)(1), (f)(2), and (f)(3) of this section with the operating permit application or as otherwise specified by the permitting authority. (1) A description of the parameter(s) to be monitored to ensure the control technology or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s). (2) A description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation of the control device, the schedule for this demonstration, and a statement that the owner or operator will establish a range for the monitored parameter as part of the Notification of Compliance Status report required in § 63.152(b) of this subpart, unless this information has already been included in the operating permit application. (3) The frequency and content of monitoring, recording, and reporting if monitoring and recording is not continuous, or if reports of daily average values when the monitored parameter value is outside the range established in the operating permit or Notification of Compliance Status will not be included in Periodic Reports required under § 63.152(c) of this subpart. The rationale for the proposed monitoring, recording, and reporting system shall be included. (g) An owner or operator may request approval to use alternatives to the continuous operating parameter monitoring and recordkeeping provisions listed in §§ 63.114, 63.117, and 63.118 for process vents, §§ 63.127, 63.129, and 63.130 for transfer operations, and §§ 63.143, 63.146, and 63.147 for wastewater. (1) Requests shall be included in the operating permit application or as otherwise specified by the permitting authority and shall contain the information specified in paragraphs (g)(3) through (g)(5) of this section, as applicable. (2) The provisions in § 63.8(f)(5)(i) of subpart A shall govern the review and approval of requests. (3) An owner or operator of a source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and generating continuous records may request approval to use a non-automated system with less frequent monitoring. (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average values shall be calculated from these hourly values and recorded. (ii) The request shall contain: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the source does not have an automated monitoring and recording system; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control device operating conditions considering typical variability of the specific process and control device operating parameter being monitored. (4) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency (for example once every 15 minutes) but records all values that meet set criteria for variation from previously recorded values. (i) The requested system shall be designed to: (A) Measure the operating parameter value at least once every 15 minutes. (B) Record at least four values each hour during periods of operation. (C) Record the date and time when monitors are turned off or on. (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident. (E) Compute daily average values of the monitored operating parameter based on recorded data. (F) If the daily average is not an excursion, as defined in § 63.152(c)(2)(ii), the data for that operating day may be converted to hourly average values and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain a description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained, the method for calculating daily averages, and a demonstration that the system meets all criteria in paragraph (g)(4)(i) of this section. (5) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f) of subpart A of this part. (h) The owner or operator required to prepare an Implementation Plan, or otherwise required to submit a report, under paragraph (c), (d), or (e) of this section shall also submit a supplement for any additional alternative controls or operating scenarios that may be used to achieve compliance. (i) The owner or operator of a source required to submit an Implementation Plan for emissions averaging under paragraphs (c) and (d) of this section shall also submit written updates of the Implementation Plan to the Administrator for approval under the circumstances described in paragraphs (i)(1) and (i)(2) of this section unless the relevant information has been included and submitted in an operating permit application or amendment. (1) The owner or operator who plans to make a change listed in paragraph (i)(1)(i) or (i)(1)(ii) of this section shall submit an Implementation Plan update at least 120 calendar days prior to making the change. (i) Whenever an owner or operator elects to achieve compliance with the emissions averaging provisions in § 63.150 of this subpart by using a control technique other than that specified in the Implementation Plan or plans to monitor a different parameter or operate a control device in a manner other than that specified in the Implementation Plan. (ii) Whenever an emission point or a chemical manufacturing process unit is added to an existing source and is planned to be included in an emissions average, or whenever an emission point not included in the emissions average described in the Implementation Plan is to be added to an emissions average. The information in paragraph (d) of this section shall be updated to include the additional emission point. (2) The owner or operator who has made a change listed in paragraph (i)(2)(i) or (i)(2)(ii) of this section shall submit an Implementation Plan update within 90 calendar days after the information regarding the change is known to the source. The update may be submitted in the next quarterly Periodic Report if the change is made after the date the Notification of Compliance status is due. (i) Whenever a process change is made such that the group status of any emission point in an emissions average changes. (ii) Whenever a value of a parameter in the emission credit or debit equations in § 63.150(g) or (h) changes such that it is outside the range specified in the Implementation Plan and causes a decrease in the projected credits or an increase in the projected debits. (3) The Administrator shall approve or request changes to the Implementation Plan update within 120 calendar days of receipt of sufficient information regarding the change for emission points included in emissions averages. (j) The owner or operator of a source subject to this subpart, for emission points that are not included in an emissions average, shall report to the Administrator under the circumstances described in paragraphs (j)(1), (j)(2), and (j)(3) of this section unless the relevant information has been included and submitted in an operating permit application or amendment, or as otherwise specified by the permitting authority. The information shall be submitted within 180 calendar days after the change is made or the information regarding the change is known to the source. The update may be submitted in the next Periodic Report if the change is made after the date the Notification of Compliance Status is due. (1) Whenever a deliberate change is made such that the group status of any emission point changes. The information submitted shall include a compliance schedule as specified in § 63.100 of subpart F of this part if the emission point becomes Group 1. (2) Whenever an owner or operator elects to achieve compliance with this subpart by using a control technique other than that previously reported to the Administrator or to the permitting authority, or plans to monitor a different parameter, or operate a control device in a manner other than that previously reported. (3) Whenever an emission point or a chemical manufacturing process unit is added to a source, written information specified under paragraphs (e)(1) through (e)(5) of this section, containing information on the new emission point(s) shall be submitted to the EPA regional office where the source is located. [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63628, Dec. 12, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 64576, Dec. 5, 1996; 64 FR 20195, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001; 85 FR 73887, Nov. 19, 2020; 89 FR 43208, May 16, 2024] § 63.152 General reporting and continuous records. (a) The owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (a)(1) through (a)(5) of this section and keep continuous records of monitored parameters as specified in paragraph (f) of this section. Owners or operators requesting an extension of compliance shall also submit the report described in § 63.151(a)(6) of this subpart. (1) An Initial Notification described in § 63.151(b) of this subpart. (2) An Implementation Plan described in § 63.151(c), (d), and (e) of this subpart for existing sources with emission points that are included in an emissions average or for new sources. (3) A Notification of Compliance Status described in paragraph (b) of this section. (4) Periodic Reports described in paragraph (c) of this section. (5) Other reports described in paragraphs (d) and (e) of this section. (b) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status within 150 calendar days after the compliance dates specified in § 63.100 of subpart F of this part. (1) The notification shall include the results of any emission point group determinations, performance tests, inspections, continuous monitoring system performance evaluations, values of monitored parameters established during performance tests, and any other information used to demonstrate compliance or required to be included in the Notification of Compliance Status under § 63.110 (h) for regulatory overlaps, under § 63.117 for process vents, § 63.122 for storage vessels, § 63.129 for transfer operations, § 63.146 for process wastewater, and § 63.150 for emission points included in an emissions average. (i) For performance tests and group determinations that are based on measurements, the Notification of Compliance Status shall include one complete test report for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other information required in § 63.117 for process vents, § 63.129 for transfer, and § 63.146 for process wastewater shall be submitted, but a complete test report is not required. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with paragraph (h) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (ii) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (2) For each monitored parameter for which a range is required to be established under § 63.114 for process vents, § 63.127 for transfer, § 63.143 for process wastewater, § 63.150(m) for emission points in emissions averages, or § 63.151(f), or § 63.152(e), the Notification of Compliance Status shall include the information in paragraphs (b)(2)(i), (b)(2)(ii), and (b)(2)(iii) of this section, unless the range and the operating day definition have been established in the operating permit. The recordkeeping and reporting requirements applicable to storage vessels are located in §§ 63.122 and 63.123. (i) The specific range of the monitored parameter(s) for each emission point; (ii) The rationale for the specific range for each parameter for each emission point, including any data and calculations used to develop the range and a description of why the range indicates proper operation of the control device. (A) If a performance test is required by this subpart for a control device, the range shall be based on the parameter values measured during the performance test and may be supplemented by engineering assessments and/or manufacturer's recommendations. Performance testing is not required to be conducted over the entire range of permitted parameter values. (B) If a performance test is not required by this subpart for a control device, the range may be based solely on engineering assessments and/or manufacturer's recommendations. (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (3) For emission points included in an emissions average, the Notification of Compliance Status shall include the values of all parameters needed for input to the emission credit and debit equations in § 63.150 (g) and (h), calculated or measured according to the procedures in § 63.150 (g) and (h) of this subpart, and the resulting calculation of credits and debits for the first quarter of the year. The first quarter begins on the compliance date specified in § 63.100 of subpart F. (4) If any emission point is subject to this subpart and to other standards as specified in § 63.110 of this subpart and if the provisions of § 63.110 of this subpart allow the owner or operator to choose which testing, monitoring, reporting, and recordkeeping provisions will be followed, then the Notification of Compliance Status shall indicate which rule's requirements will be followed for testing, monitoring, reporting, and recordkeeping. (5) An owner or operator who transfers a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream for treatment pursuant to § 63.132(g) shall include in the Notification of Compliance Status the name and location of the transferee and a description of the Group 1 wastewater stream or residual sent to the treatment facility. (6) An owner or operator complying with § 63.113(i) shall include in the Notification of Compliance Status, or where applicable, a supplement to the Notification of Compliance Status, the name and location of the transferee, and the identification of the Group 1 process vent. (7) For flares subject to the requirements in § 63.108, owners and operators must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for flare monitoring. The supplement to the Notification of Compliance Status must include flare design ( e.g., (8) For process vents and storage vessels subject to the requirements of § 63.124, owners and operators must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. The supplement to the Notification of Compliance Status must identify all process vents and storage vessels that are in ethylene oxide service as defined in § 63.101, the method(s) used to control ethylene oxide emissions from each process vent and storage vessel ( i.e., (i) For process vents, all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations used to determine the total uncontrolled ethylene oxide mass emission rate for the sum of all vent gas streams; and (ii) For storage vessels, include the concentration of ethylene oxide of the fluid stored in each storage vessel. (9) For adsorbers subject to the requirements of §§ 63.114(a)(5)(v), 63.120(d)(1)(iii), 63.127(b)(4), and 63.139(d)(5), you must also submit the information listed in paragraphs (b)(9)(i) and (ii) of this section in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. (i) Whether the adsorber cannot be regenerated or is a regenerative adsorber(s) that is regenerated offsite. (ii) The breakthrough limit and adsorber bed life established during the initial performance test or design evaluation of the adsorber. (10) For Group 2 process vents subject to the requirements in § 63.113(l), owners and operators must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. The supplement to the Notification of Compliance Status must identify each Group 2 process vent and include the data and calculations specified in § 63.115(g) that are used to demonstrate that the total organic HAP mass flow rate of each vent stream is less than 1.0 pound per hour. (c) The owner or operator of a source subject to this subpart shall submit Periodic Reports. On and after July 15, 2027 or once the reporting template for this subpart has been available on the CEDRI website for 1 year, whichever date is later, owners and operators must submit all subsequent reports following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Hazardous Organic Chemical Manufacturing Sector Lead. Owners and operators must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) Except as specified under paragraphs (c)(5) and (c)(6) of this section, a report containing the information in paragraphs (c)(2), (c)(3), (c)(4), and (c)(7) of this section shall be submitted semiannually no later than 60 calendar days after the end of each 6-month period. The first report shall be submitted no later than 8 months after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due. All periodic reports must contain the company name and address (including county), as well as the beginning and ending dates of the reporting period. (2) Except as provided in paragraph (c)(2)(iv) of this section, for an owner or operator of a source complying with the provisions of §§ 63.113 through 63.147 for any emission points, Periodic Reports shall include all information specified in §§ 63.117 and 63.118 for process vents, § 63.122 for storage vessels, §§ 63.129 and 63.130 for transfer operations, and § 63.146 for process wastewater, including reports of each excursion ( i.e., (i) Report the affected sources or equipment, the monitored parameter that was exceeded and the date of each excursion. (ii) The parameter monitoring data for Group 1 emission points and emission points included in emissions averages that are required to perform continuous monitoring shall be used to determine compliance with the required operating conditions for the monitored control devices or recovery devices. For each excursion as specified in paragraphs (c)(2)(ii)(A) through (c)(2)(ii)(E) of this section, or paragraph (g)(2)(iv) of this section, except for excused excursions described therein, the owner or operator shall be deemed to have failed to have applied the control in a manner that achieves the required operating conditions and must report the information specified in paragraph (c)(2)(ii)(F) of this section. (A) An excursion means any of the three cases listed in paragraph (c)(2)(ii)(A)( 1 2 3 1 2 3 ( 1 ( 2 ( 3 ( 4 2 3 (B) The number of excused excursions for each control device or recovery device for each semiannual period is specified in paragraphs (c)(2)(ii)(B)( 1 6 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (C) A monitored parameter that is outside its established range or monitoring data that are not collected are excursions. However, if the conditions in paragraph (c)(2)(ii)(C)( 1 2 ( 1 Periods of startup, shutdown, or malfunction. ( 2 Periods of nonoperation. (D) Nothing in paragraph (c)(2)(ii) of this section shall be construed to allow or excuse a monitoring parameter excursion caused by any activity that violates other applicable provisions of subpart A, F, or G of this part. (E) Paragraph (c)(2)(ii) of this section, except paragraph (c)(2)(ii)(C) of this section, shall apply only to emission points and control devices or recovery devices for which continuous monitoring is required by §§ 63.113 through 63.150. (F) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), for each excursion that is not an excused excursion, the report must include a list of the affected sources or equipment, the monitored parameter for which there was an excursion, the date of the excursion, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, the cause of the excursion (including unknown cause, if applicable), as applicable, and the corrective action taken. (iii) Periodic Reports shall include the daily average values of monitored parameters for both excused and unexcused excursions, as defined in paragraph (c)(2)(ii)(A) of this section. For excursions caused by lack of monitoring data, the affected equipment or source, the monitored parameter, the start date and duration in hours of periods when monitoring data were not collected shall be specified. (iv) The provisions of paragraphs (c)(2) of this section, and (c)(2)(i) through (iii) of this section, do not apply to any storage vessel for which the owner or operator is not required, by the applicable monitoring plan established under § 63.120(d)(2), to keep continuous records. If continuous records are required, the owner or operator shall specify, in the monitoring plan, whether the provisions of paragraphs (c)(2) of this section, and (c)(2)(i) through (iii) of this section apply. (3) Except as specified in paragraph (c)(3)(iii) of this section, if any performance tests are reported in a Periodic Report, the following information shall be included: (i) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (b)(1)(ii) of this section. (ii) For additional tests performed for the same kind of emission point using the same method, results and any other information required in § 63.117 for process vents, § 63.129 for transfer, and § 63.146 for process wastewater shall be submitted, but a complete test report is not required. (iii) If the performance test report is submitted electronically through the EPA's CEDRI in accordance with paragraph (h) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Periodic Report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the Periodic Report is submitted. (4) Periodic Reports shall include the information in paragraphs (c)(4)(i) through (iv) of this section, as applicable: (i) For process vents, reports of process changes as required under § 63.118(g), (h), (i), and (j), (ii) Any supplements required under § 63.151(i) and (j), (iii) Notification if any Group 2 emission point becomes a Group 1 emission point, including a compliance schedule as required in § 63.100, and (iv) For gas streams sent for disposal pursuant to § 63.113(i) or for process wastewater streams sent for treatment pursuant to § 63.132(g), reports of changes in the identity of the transferee. (5) The owner or operator of a source shall submit quarterly reports for all emission points included in an emissions average. (i) The quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status no later than 5 months after the compliance date specified in § 63.100. (ii) The quarterly reports shall include the information specified in this paragraph for all emission points included in an emissions average. (A) The credits and debits calculated each month during the quarter; (B) A demonstration that debits calculated for the quarter are not more than 1.30 times the credits calculated for the quarter, as required under § 63.150(e)(4). (C) The values of any inputs to the credit and debit equations in § 63.150(g) and (h) that change from month to month during the quarter or that have changed since the previous quarter; (D) Results of any performance tests conducted during the reporting period including one complete report for each test method used for a particular kind of emission point as described in paragraph (c)(3) of this section. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with paragraph (h) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Periodic Report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the Periodic Report is submitted.; (E) Reports of daily average values of monitored parameters for both excused and unexcused excursions as defined in paragraph (c)(2)(ii)(A) of this section. For excursions caused by lack of monitoring data, the duration of periods when monitoring data were not collected shall be specified. Include the affected sources or equipment, monitored parameter, and the date for each excursion. (iii) Paragraphs (c)(2)(i) through (iii) of this section shall govern the use of monitoring data to determine compliance for Group 1 and Group 2 points included in emissions averages. For storage vessels to which the provisions of paragraphs (c)(2)(i) through (iii) of this section do not apply (as specified in paragraph (c)(2)(iv) of this section), the owner or operator is required to comply with the provisions of the applicable monitoring plan, and monitoring records may be used to determine compliance. (iv) Every fourth quarterly report shall include the following: (A) A demonstration that annual credits are greater than or equal to annual debits as required by § 63.150(e)(3); and (B) A certification of compliance with all the emissions averaging provisions in § 63.150. (6) The owner or operator of a source shall submit reports quarterly for particular emission points not included in an emissions average under the circumstances described in paragraphs (c)(6)(i) through (v) of this section. (i) The owner or operator of a source subject to this subpart shall submit quarterly reports for a period of one year for an emission point that is not included in an emissions average if: (A) The emission point has more excursions, as defined in paragraph (c)(2)(ii) of this section, than the number of excused excursions allowed under paragraph (c)(2)(ii)(B) of this section for a semiannual reporting period; and (B) The Administrator requests the owner or operator to submit quarterly reports for the emission point. (ii) The quarterly reports shall include all information in paragraphs (c)(2), (3), and (4) of this section applicable to the emission point(s) for which quarterly reporting is required under paragraph (c)(6)(i) of this section. Information applicable to other emission points within the source shall be submitted in the semiannual reports required under paragraph (c)(1) of this section. (iii) Quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter. (iv) After quarterly reports have been submitted for an emission point for one year, the owner or operator may return to semiannual reporting for the emission point unless the Administrator requests the owner or operator to continue to submit quarterly reports. (v) Paragraphs (c)(2)(i) through (iii) of this section shall govern the use of monitoring data to determine compliance for Group 1 emission points. For storage vessels to which the provisions of paragraphs (c)(2)(i) through (iii) of this section do not apply (as specified in paragraph (c)(2)(iv) of this section), the owner or operator is required to comply with the provisions of the applicable monitoring plan, and monitoring records may be used to determine compliance. (7) The information specified in § 63.108(l)(2) of subpart F of this part. (d) Other reports shall be submitted as specified in subpart A of this part or in §§ 63.113 through 63.151 of this subpart. These reports are: (1) Reports of start-up, shutdown, and malfunction required by § 63.10(d)(5). The start-up, shutdown and malfunction reports may be submitted on the same schedule as the Periodic Reports required under paragraph (c) of this section instead of the schedule specified in § 63.10(d)(5). For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (2) For storage vessels, the notifications of inspections required by § 63.122 (h)(1) and (h)(2) of this subpart. (3) For owners or operators of sources required to request approval for a nominal control efficiency for use in calculating credits for an emissions average, the information specified in § 63.150(i) of this subpart. (4) If an owner or operator transfers for disposal a gas stream that has the characteristics specified in § 63.107(b) through (h) or meets the criteria specified in § 63.107(i) to an off-site location or an on-site location not owned or operated by the owner or operator of the source and the vent stream was not included in the information submitted with the Notification of Compliance Status or a previous periodic report, the owner or operator shall submit a supplemental report. The supplemental report shall be submitted no later than July 23, 2001 or with the next periodic report, whichever is later. The report shall provide the information listed in paragraphs (d)(4)(i) through (iv) of this section. (i) The chemical manufacturing process unit(s) that is the origin of all or part of the vent stream that exits the process vent. (ii) The type(s) of unit operations (i.e., an air oxidation reactor, distillation unit, or reactor) that creates the vent stream that exits the process vent. (iii) For a Group 2 process vent, the last recovery device, if any. (iv) For a Group 1 process vent, the identity of the transferee. (e) An owner or operator subject to this subpart shall submit the information specified in paragraphs (e)(1) through (e)(4) of this section with the operating permit application or as otherwise specified by the permitting authority. The owner or operator shall submit written updates as amendments to the operating permit application on the schedule and under the circumstances described in § 63.151(j) of this subpart. Notwithstanding, if the owner or operator has an operating permit under 40 CFR part 70 or 71, the owner or operator shall follow the schedule and format required by the permitting authority. (1) The information specified in § 63.151 (f) or (g) of this subpart for any emission points for which the owner or operator requests approval to monitor a unique parameter or use an alternative monitoring and recording system, and (2) The information specified in § 63.151(d) of this subpart for points included in an emissions average. (3) The information specified in § 63.151(e) of this subpart for points not included in an emissions average. (4) The information specified in § 63.151(h) as applicable. (f) Owners or operators required to keep continuous records by §§ 63.118, 63.130, 63.147, 63.150, or other sections of this subpart shall keep records as specified in paragraphs (f)(1) through (f)(7) of this section, unless an alternative recordkeeping system has been requested and approved under § 63.151(f) or (g) or § 63.152(e) or under § 63.8(f), and except as provided in paragraph (c)(2)(ii)(C) of this section or in paragraph (g) of this section. If a monitoring plan for storage vessels pursuant to § 63.120(d)(2)(i) requires continuous records, the monitoring plan shall specify which provisions, if any, of paragraphs (f)(1) through (f)(7) of this section apply. Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (1) The monitoring system shall measure data values at least once every 15 minutes. (2) The owner or operator shall record either: (i) Each measured data value; or (ii) Block average values for 15-minute or shorter periods calculated from all measured data values during each period or at least one measured data value per minute if measured more frequently than once per minute. (3) If the daily average value of a monitored parameter for a given operating day is within the range established in the Notification of Compliance Status or operating permit, the owner or operator shall either: (i) Retain block hourly average values for that operating day for 5 years and discard, at or after the end of that operating day, the 15-minute or more frequent average values and readings recorded under paragraph (f)(2) of this section; or (ii) Retain the data recorded in paragraph (f)(2) of this section for 5 years. (4) If the daily average value of a monitored parameter for a given operating day is outside the range established in the Notification of Compliance Status or operating permit, the owner or operator shall retain the data recorded that operating day under paragraph (f)(2) of this section for 5 years. (5) Daily average values of each continuously monitored parameter shall be calculated for each operating day, and retained for 5 years, except as specified in paragraphs (f)(6) and (f)(7) of this section. (i) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous. (ii) The operating day shall be the period defined in the operating permit or the Notification of Compliance Status. It may be from midnight to midnight or another daily period. (6) If all recorded values for a monitored parameter during an operating day are within the range established in the Notification of Compliance Status or operating permit, the owner or operator may record that all values were within the range and retain this record for 5 years rather than calculating and recording a daily average for that operating day. For these operating days, the records required in paragraph (f)(3) of this section shall also be retained for 5 years. (7) Except as specified in paragraph (f)(7)(vi) of this section monitoring data recorded during periods identified in paragraphs (f)(7)(i) through (f)(7)(v) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; (ii) Start-ups; (iii) Shutdowns; (iv) Malfunctions; (v) Periods of non-operation of the chemical manufacturing process unit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (vi) For each source as defined in § 63.101, on and after July 15, 2027, paragraphs (f)(7)(ii) through (f)(7)(iv) no longer apply. (g) For any parameter with respect to any item of equipment, the owner or operator may implement the recordkeeping requirements in paragraph (g)(1) or (g)(2) of this section as alternatives to the continuous operating parameter monitoring and recordkeeping provisions listed in §§ 63.114, 63.117, and 63.118 for process vents, §§ 63.127, 63.129, and 63.130 for transfer operations, §§ 63.143, 63.146, and 63.147 for wastewater, and/or § 63.152(f), except that § 63.152(f)(7) shall apply. The owner or operator shall retain each record required by paragraph (g)(1) or (g)(2) of this section as provided in § 63.103(c) of subpart F of this part, except as provided otherwise in paragraph (g)(1) or (g)(2) of this section. (1) The owner or operator may retain only the daily average value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (g)(1)(i) through (vi) of this section are met. An owner or operator electing to comply with the requirements of paragraph (g)(1) of this section shall notify the Administrator in the Notification of Compliance Status or, if the Notification of Compliance Status has already been submitted, in the periodic report immediately preceding implementation of the requirements of paragraph (g)(1) of this section. (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation other than startups, shutdowns, or malfunctions ( e.g., e.g., (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (g)(1)(ii)(A) through (C) of this section. All instances in an operating day constitute a single occurrence. (A) The running average is above the maximum or below the minimum established limits; (B) The running average is based on at least 6 1-hour average values; and (C) The running average reflects a period of operation other than a startup, shutdown, or malfunction. For each source as defined in § 63.101, on and after July 15, 2027, the phrase “other than a startup, shutdown, or malfunction” in this paragraph no longer applies. (iii) The monitoring system is capable of detecting unchanging data during periods of operation other than startups, shutdowns, or malfunctions, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience ( e.g., (iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph (g)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (g)(1) of this section, at the times specified in paragraphs (g)(1)(v)(A) through (C) of this section. The owner or operator shall document that the required verifications occurred. (A) Upon initial installation. (B) Annually after initial installation. (C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the records identified in paragraphs (g)(1)(vi)(A) through (C) of this section. (A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of paragraph (g) of this section. (B) A description of the applicable monitoring system(s), and of how compliance will be achieved with each requirement of paragraph (g)(1)(i) through (g)(1)(v) of this section. The description shall include monitoring equipment manufacturer(s) and model number(s) and the pollutant or parameter monitored, and identify the location and format ( e.g., (C) A description, and the date, of any change to the monitoring system that would reasonably be expected to affect its ability to comply with the requirements of paragraph (g)(1) of this section. (D) Owners and operators subject to paragraph (g)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current, but not less than 5 years from the date of its creation. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain the most recent superseded description at least until 5 years from the date of its creation. The superseded description shall be retained on-site (or accessible from a central location by computer that provides access within 2 hours after a request) at least 6 months after its creation. Thereafter, the superseded description may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (g)(1) of this section, and a period of 6 consecutive months has passed without an excursion as defined in paragraph (g)(2)(iv) of this section, the owner or operator is no longer required to record the daily average value for that parameter for that unit of equipment, for any operating day when the daily average value is less than the maximum, or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring was required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next periodic report. The notification shall identify the parameter and unit of equipment. (ii) If, on any operating day after the owner or operator has ceased recording daily averages as provided in paragraph (g)(2) of this section, there is an excursion as defined in paragraph (g)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average value for each day, and shall notify the Administrator in the next periodic report. The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (g)(2)(iv) of this section. (iii) The owner or operator shall retain the records specified in paragraphs (g)(1) (i), (ii), (iii), (iv), (v), and (vi) of this section. For any calendar week, if compliance with paragraphs (g)(1) (i), (ii), (iii), and (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation other than a startup, shutdown, or malfunction. For each source as defined in § 63.101, on and after July 15, 2027, the phrase “other than a startup, shutdown, or malfunction” in this paragraph no longer applies. (iv) For purposes of paragraph (g) of this section, an excursion means that the daily average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value, except as provided in paragraphs (g)(2)(iv)(A) and (B) of this section. (A) The daily average value during any startup, shutdown, or malfunction shall not be considered an excursion for purposes of this paragraph (g)(2), if the owner or operator operates the source during such periods in accordance with § 63.102(a)(4). For each source as defined in § 63.101, on and after July 15, 2027, this paragraph no longer applies. (B) An excused excursion, as described in § 63.152(c)(2)(ii)(B) and (C), shall not be considered an excursion for purposes of this paragraph (g)(2). (h) Beginning no later than July 15, 2024, owners and operators must submit performance test reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each performance test required by this subpart, owners and operators must submit the results of the performance test following the procedures specified in § 63.9(k). Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (ht tps:// www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert [59 FR 19468, Apr. 22, 1994, as amended at 60 FR 63629, Dec. 12, 1995; 61 FR 64577, Dec. 5, 1996; 62 FR 2776, Jan. 17, 1997; 64 FR 20195, Apr. 26, 1999; 66 FR 6934, Jan. 22, 2001; 71 FR 20456, Apr. 20, 2006; 89 FR 43208, May 16, 2024] § 63.153 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.110, 63.112 through 63.113, 63.119, 63.126, 63.132 through 63.140, 63.148 through 63.149, and 63.150(i)(1) through (4). Follow the requirements in § 63.121 to request permission to use an alternative means of emission limitation for storage vessels. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37344, June 23, 2003, as amended at 89 FR 43212, May 16, 2024] Table 1 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for Existing Source Nonhalogenated and Halogenated Vent Streams Type of Stream Control Device Basis Values of Coefficients a b c d Nonhalogenated Flare 1.935 3.660 × 10 −1 −7.687 × 10 −3 −7.333 × 10 −4 Thermal Incinerator 0 Percent Heat Recovery 1.492 6.267 × 10 −2 3.177 × 10 −2 −1.159 × 10 −3 Thermal Incinerator 70 Percent Heat Recovery 2.519 1.183 × 10 −2 1.300 × 10 −2 4.790 × 10 −2 Halogenated Thermal Incinerator and Scrubber 3.995 5.200 × 10 −2 −1.769 × 10 −3 9.700 × 10 −4 Table 1A to Subpart G of Part 63—Applicable 40 CFR Part 63 General Provisions 40 CFR part 63, subpart A, provisions applicable to subpart G § 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4) § 63.2 § 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), (d)(3)(iii) through (d)(3)(vi), (d)(4), (e), (f)(1), and (f)(2) § 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j) § 63.9(a)(2), (b)(4)(i), a a § 63.10(d)(4) § 63.11 (c), (d), and (e) § 63.12(b) a [59 FR 19468, Apr. 22, 1994, as amended at 73 FR 78213, Dec. 22, 2008; 85 FR 73887, Nov. 19, 2020] Table 2 to Subpart G of Part 63—Process Vents—Coefficients for Total Resource Effectiveness for New Source Nonhalogenated and Halogenated Vent Streams Type of stream Control device basis Values of Coefficients a b c d Nonhalogenated Flare 0.5276 0.0998 − −3 −2.000 × 10 −4 Thermal Incinerator 0 Percent Heat Recovery 0.4068 0.0171 8.664 × 10 −3 −3.162 × 10 −4 Thermal Incinerator 70 Percent Heat Recovery 0.6868 3.209 × 10 −3 3.546 × 10 −3 1.306 × 10 −2 Halogenated Thermal Incinerator and Scrubber 1.0895 1.417 × 10 −2 −4.822 × 10 −4 2.645 × 10 −4 Table 3 to Subpart G of Part 63—Process Vents—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements for Control Devices and Recapture Devices Table 3 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements for Control Devices and Recapture Devices Control or recapture device Parameters to be monitored a Recordkeeping and reporting requirements for monitored parameters Thermal incinerator, other than a thermal oxidizer used to comply with § 63.124 Firebox temperature b 1. Continuous records. c d 3. Record the daily average firebox temperature for each operating day. e 4. Report all daily average temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Thermal oxidizer used to comply with § 63.124 Combustion chamber temperature [63.124(b)(5)(i)] 1. Continuous records. c d 3. Record each 1-hour block average firebox temperature for each operating day. 4. Report all 1-hour block temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Thermal oxidizer used to comply with § 63.124 (Continued) Flue gas flow rate [63.124(b)(5)(ii)] 1. Continuous records. c d 3. Record each 1-hour block average flue gas flow rate for each operating day. 4. Report all 1-hour block flue gas flow rates that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Catalytic incinerator Temperature upstream and downstream of the catalyst bed [63.114(a)(1)(ii)] 1. Continuous records. c d 3. Record the daily average upstream temperature and temperature difference across the catalyst bed for each operating day. e 4. Report all daily average upstream temperatures that are outside the range established in the NCS or operating permit—PR. 5. Report all daily average temperature differences across the catalyst bed that are outside the range established in the NCS or operating permit—PR. g 6. Report all operating days when insufficient monitoring data are collected. f Flare (if meeting the requirements of § 63.11(b)) Presence of a flame at the pilot light [§ 63.114(a)(2)] 1. Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS. d 3. Record the times and durations of all periods when all pilot flames are absent or the monitor is not operating. 4. Report the times and durations of all periods when all pilot flames of a flare are absent—PR. g Flare (if meeting the requirements of § 63.108) The parameters are specified in § 63.108 1. Records as specified in § 63.108(m) of subpart F of this part. 2. Report information as specified in § 63.108(l) of subpart F of this part—PR. g Boiler or process heater with a design heat input capacity less than 44 megawatts and vent stream is not Firebox temperature b 1. Continuous records. c d e 4. Report all daily average firebox temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber for halogenated vent streams ( Note: pH of scrubber effluent [§ 63.114(a)(4)(i)], and 1. Continuous records. c d 3. Record the daily average pH of the scrubber effluent for each operating day. e 4. Report all daily average pH values of the scrubber effluent that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber for halogenated vent streams ( Note: Scrubber liquid and gas flow rates [§ 63.114(a)(4)(ii)] 1. Continuous records of scrubber liquid flow rate. c d 3. Record the daily average scrubber liquid/gas ratio for each operating day. e 4. Report all daily average scrubber liquid/gas ratios that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g All control devices Presence of flow diverted to the atmosphere from the control device [§ 63.114(d)(1)] or 1. Hourly records of whether the flow indicator was operating and whether diversion was detected at any time during each hour. g 3. For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), record and report the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours—PR. g All control devices (Continued) Monthly inspections of sealed valves [§ 63.114(d)(2)] 1. Records that monthly inspections were performed. g 3. For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), record and report the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours—PR. g All recapture devices (as an alternative to the below for absorbers, condensers, and carbon adsorbers) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device [§ 63.114(a)(5)(i)] 1. Continuous records. c d 3. Record the daily average concentration level or reading for each operating day. e 4. Report all daily average concentration levels or readings that are outside the range established in the NCS or operating permit—PR. g Absorber h Exit temperature of the absorbing liquid [§ 63.114(a)(5)(ii)], and 1. Continuous records. c d 3. Record the daily average exit temperature of the absorbing liquid for each operating day. e 4. Report all the daily average exit temperatures of the absorbing liquid that are outside the range established in the NCS or operating permit—PR. g Absorber h Exit specific gravity [§ 63.114(a)(5)(ii)] 1. Continuous records. c d 3. Record the daily average exit specific gravity for each operating day. e 4. Report all daily average exit specific gravity values that are outside the range established in the NCS or operating permit—PR. g Condenser h Exit (product side) temperature [§ 63.114(a)(5)(iii)] 1. Continuous records. c d 3. Record the daily average exit temperature for each operating day e 4. Report all daily average exit temperatures that are outside the range established in the NCS or operating permit—PR. g Carbon adsorber h Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) [§ 63.114(a)(5)(iv)], and 1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle. d 3. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS or operating permit—PR. g Carbon adsorber h Temperature of the carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] [§ 63.114(a)(5)(iv)] 1. Records of the temperature of the carbon bed after each regeneration. d 3. Report all carbon bed regeneration cycles during which temperature of the carbon bed after regeneration is outside the range established in the NCS or operating permit—PR. g Carbon adsorber h Outlet HAP or TOC concentration [§ 63.114(a)(5)(v)] For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.114(a)(5)(v), the owner or operator must record each outlet HAP or TOC concentration measured according to §§ 63.114(a)(5)(v)(B) and (C). Carbon adsorber h Adsorbent replacement [§ 63.114(a)(5)(v)] 1. For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.114(a)(5)(v), the owner or operator must record date and time the adsorbent was last replaced. Carbon adsorber h Breakthrough [§ 63.114(a)(5)(v)] For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.114(a)(5)(v), the owner or operator must: 1. Record breakthrough limit and bed life established according to § 63.114(a)(5)(v)(A). 2. Report the date of each instance when breakthrough, as defined in § 63.101, is detected between the first and second adsorber and the adsorber is not replaced according to § 63.114(a)(5)(v)(A)( 1 g Scrubber with a reactant tank used to comply with § 63.124 Liquid-to-gas ratio [§ 63.124(b)(4)(i)] 1. Continuous records. c d 3. Record each 1-hour block L/G of the scrubber for each operating day. 4. Report all 1-hour block L/G values of the scrubber that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber with a reactant tank used to comply with § 63.124 (Continued) In lieu of liquid-to-gas ratio, scrubber total liquid flow rate and gas flow rate through scrubber [§ 63.124(b)(4)(i)] 1. Continuous records. c d 3. Record each 1-hour block total scrubber liquid flow rate and each 1-hour block gas flow rate through the scrubber for each operating day. 4. Report all 1-hour block total scrubber liquid flow rate values and all 1-hour block gas flow rate through the scrubber values that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber with a reactant tank used to comply with § 63.124 (Continued) pH of liquid in reactant tank [§ 63.124(b)(4)(ii)] 1. Continuous records. c d 3. Record each 1-hour block pH of liquid in reactant tank for each operating day. 4. Report all 1-hour block values of the pH of liquid in reactant tank that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber with a reactant tank used to comply with § 63.124 (Continued) Pressure drop [§ 63.124(b)(4)(iii)] 1. Continuous records. c d 3. Record each 1-hour block pressure drop of the scrubber for each operating day. 4. Report all 1-hour block pressure drop values that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber with a reactant tank used to comply with § 63.124 (Continued) Temperature of scrubbing liquid entering column [§ 63.124(b)(4)(iv)] 1. Continuous records. c d 3. Record each 1-hour block temperature of scrubbing liquid entering column for each operating day. 4. Report all 1-hour block values of the temperature of scrubbing liquid entering column that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Scrubber with a reactant tank used to comply with § 63.124 (Continued) Liquid feed pressure [§ 63.124(b)(4)(v)] 1. Continuous records. c d 3. Record each 1-hour block liquid feed pressure of the scrubber for each operating day. 4. Report all 1-hour block liquid feed pressure values that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Sorbent injection Sorbent injection rate b 1. Continuous records. c d 3. Record the daily average sorbent injection rate for each operating day. e 4. Report all daily average sorbent injection rates that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Sorbent injection (Continued) Carrier gas flow rate b 1. Continuous records. c d 3. Record the daily average carrier gas flow rate for each operating day. e 4. Report all daily average carrier gas flow rates that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g a b c d e f g h [89 FR 43212, May 16, 2024] Table 4 to Subpart G of Part 63—Process Vents—Monitoring, Recordkeeping, and Reporting Requirements for Maintaining a TRE Index Value >1.0 and. ≤4.0 [No Longer Applicable in Accordance With § 63.113(a)(4)] Final recovery device Parameters to be monitored a Recordkeeping and reporting requirements for monitored parameters Absorber b Exit temperature of the absorbing liquid [63.114(b)(1)], and 1. Continuous records c d 3. Record the daily average exit temperature of the absorbing liquid for each operating day e 4. Report all the daily average exit temperatures of the absorbing liquid that are outside the range established in the NCS or operating permit—PR f Exit specific gravity [63.114(b)(1)] 1. Continuous records. 3. Record the daily average exit specific gravity for each operating day e 4. Report all daily average exit specific gravity values that are outside the range established in the NCS or operating permit—PR. Condenser d Exit (product side) temperature [63.114(b)(2)] 1. Continuous records. 3. Record the daily average exit temperature for each operating day e 4. Report all daily average exit temperatures that are outside the range established in the NCS or operating permit—PR. Carbon adsorber d Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) [63.114(b)(3)], and 1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle. 3. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS or operating permit—PR. Temperature of the carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] [63.114(b)(3)] 1. Records of the temperature of the carbon bed after each regeneration. 3. Report all carbon bed regeneration cycles during which temperature of the carbon bed after regeneration is outside the range established in the NCS or operating permit—PR. All recovery devices (as an alternative to the above) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device [63.114 (b)] 1. Continuous records. 3. Record the daily average concentration level or reading for each operating day e 4. Report all daily average concentration levels or readings that are outside the range established in the NCS or operating permit—PR. a b c d e f [59 FR 19453, Apr. 22, 1994, as amended at 89 FR 43215, May 16, 2024] Table 5 to Subpart G of Part 63—Group 1 Storage Vessels at Existing Sources Table 5 to Subpart G of Part 63—Group 1 Storage Vessels at Existing Sources Vessel capacity Vapor pressure a 75 ≤ capacity <151 b b 38 ≤ capacity <151 c c 151 ≤ capacity ≥5.2 a b c [89 FR 43215, May 16, 2024] Table 6 to Subpart G of Part 63—Group 1 Storage Vessels at New Sources Table 6 to Subpart G of Part 63—Group 1 Storage Vessels at New Sources Vessel capacity Vapor pressure a 38 ≤ capacity <151 b ≥13.1 b 38 ≤ capacity <151 c ≥6.9 c 151 ≤ capacity ≥0.7 a b c [89 FR 43216, May 16, 2024] Table 7 to Subpart G of Part 63—Transfer Operations—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts per Million by Volume Table 7 to Subpart G of Part 63—Transfer Operations—Monitoring, Recordkeeping, and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic Hazardous Air Pollutants Emissions or a Limit of 20 Parts per Million by Volume Control device Parameters to be monitored a Recordkeeping and reporting requirements for monitored parameters Thermal incinerator Firebox temperature b 1. Continuous records c d 3. Record the daily average firebox temperature for each operating day. e f g Catalytic incinerator Temperature upstream and downstream of the catalyst bed [§ 63.127(a)(1)(ii)] 1. Continuous records during loading. 3. Record the daily average upstream temperature and temperature difference across catalyst bed for each operating day. e 4. Report all daily average upstream temperatures that are outside the range established in the NCS or operating permit—PR. 5. Report all daily average temperature differences across the catalyst bed that are outside the range established in the NCS or operating permit—PR. 6. Report all operating days when insufficient monitoring data are collected. f Boiler or process heater with a design heat input capacity less than 44 megawatts and vent stream is not introduced with or as the primary fuel Firebox temperature b 1. Continuous records during loading. e 4. Report all daily average firebox temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient data are collected f Flare (if meeting the requirements of § 63.126(b)(2)(i)) Presence of a flame at the pilot light [§ 63.127(a)(2)] 1. Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS. 3. Record the times and durations of all periods when all pilot flames are absent or the monitor is not operating. 4. Report the duration of all periods when all pilot flames of a flare are absent—PR. Flare (if meeting the requirements of § 63.108) The parameters are specified in § 63.108 1. Records as specified in § 63.108(m) of subpart F of this part. Scrubber for halogenated vent streams ( Note: pH of scrubber effluent [§ 63.127(a)(4)(i)], and 1. Continuous records during loading. 3. Record the daily average pH of the scrubber effluent for each operating day. e 4. Report all daily average pH values of the scrubber effluent that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Scrubber liquid and gas flow rates [§ 63.127(a)(4)(ii)] 1. Continuous records during loading of scrubber liquid flow rate. 3. Record the daily average scrubber liquid/gas ratio for each operating day. e 4. Report all daily average scrubber liquid/gas ratios that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Absorber h Exit temperature of the absorbing liquid [§ 63.127(b)(1)], and 1. Continuous records during loading. 3. Record the daily average exit temperature of the absorbing liquid for each operating day. e 4. Report all daily average exit temperatures of the absorbing liquid that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Exit specific gravity [§ 63.127(b)(1)] 1. Continuous records during loading. 3. Record the daily average exit specific gravity for each operating day. e 4. Report all daily average exit specific gravity values that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Condenser h Exit (product side) temperature [§ 63.127(b)(2)] 1. Continuous records during loading. 3. Record the daily average exit temperature for each operating day. e 4. Report all daily average exit temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Carbon adsorber h Total regeneration stream mass or volumetric or volumetric flow during carbon bed regeneration cycle(s) [§ 63.127(b)(3)], and 1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle. 3. Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Temperature of the carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] [§ 63.127(b)(3)] 1. Records of the temperature of the carbon bed after each regeneration. 3. Report all the carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration is outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f Outlet HAP or TOC concentration [§ 63.127(b)(4)] For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.127(b)(4), the owner or operator must record each outlet HAP or TOC concentration measured according to §§ 63.127(b)(4)(ii) and (iii). Adsorbent replacement [§ 63.127(b)(4)] 1. For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.127(b)(4), the owner or operator must record date and time the adsorbent was last replaced. Breakthrough [§ 63.127(b)(4)] For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.127(b)(4), the owner or operator must: 1. Record breakthrough limit and bed life established according to § 63.127(b)(4)(i). 2. Report the date of each instance when breakthrough, as defined in § 63.101, is detected between the first and second adsorber and the adsorber is not replaced according to § 63.127(b)(4)(iii)(A)—PR. All recovery devices (as an alternative to the above) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device [§ 63.127(b)] 1. Continuous records during loading. d 4. Report all daily average concentration levels or readings that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f All control devices and vapor balancing systems Presence of flow diverted to the atmosphere from the control device [§ 63.127(d)(1)] or 1. Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour. 3. For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), record and report the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours—PR. Monthly inspections of sealed valves [§ 63.127(d)(2)] 1. Records that monthly inspections were performed. 3. For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), record and report the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours—PR. a b c d e f g h [89 FR 43216, May 16, 2024] Table 8 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New Sources Chemical name CAS No. a Allyl chloride 107051 Benzene 71432 Butadiene (1,3-) 106990 Carbon disulfide 75150 Carbon tetrachloride 56235 Cumene 98828 Ethyl chloride (Chloroethane) 75003 Ethylbenzene 100414 Ethylene oxide 75218 Ethylidene dichloride 75343 (1,1-Dichloroethane). Hexachlorobutadiene 87683 Hexachloroethane 67721 Hexane 100543 Methyl bromide (Bromomethane) 74839 Methyl chloride (Chloromethane) 74873 Phosgene 75445 Tetrachloroethylene (Perchloroethylene) 127184 Toluene 108883 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 Trichloroethylene 79016 Trimethylpentane (2,2,4-) 540841 Vinyl chloride (chloroethylene) 75014 Vinylidene chloride 75354 (1,1-Dichloroethylene). Xylene (m-) 108383 Xylene (p-) 106423 a Note. [59 FR 19453, Apr. 22, 1994, as amended at 89 FR 43218, May 16, 2024] Table 9 to Subpart G of Part 63—Organic HAP's Subject to the Wastewater Provisions for Process Units at New and Existing Sources and Corresponding Fraction Removed (Fr) Values Chemical name CAS No. a Fr Acetaldehyde 75070 0.95 Acetonitrile 75058 0.62 Acetophenone 98862 0.72 Acrolein 107028 0.96 Acrylonitrile 107131 0.96 Allyl chloride 107051 0.99 Benzene 71432 0.99 Benzyl chloride 100447 0.99 Biphenyl 92524 0.99 Bromoform 75252 0.99 Butadiene (1,3-) 106990 0.99 Carbon disulfide 75150 0.99 Carbon tetrachloride 56235 0.99 Chlorobenzene 108907 0.99 Chloroform 67663 0.99 Chloroprene (2-Chloro-1,3-butadiene) 126998 0.99 Cumene 98828 0.99 Dichlorobenzene (p-) 106467 0.99 Dichloroethane (1,2-) (Ethylene dichloride) 107062 0.99 Dichloroethyl ether (Bis(2-chloroethyl)ether) 111444 0.87 Dichloropropene (1,3-) 542756 0.99 Diethyl sulfate 64675 0.90 Dimethyl sulfate 77781 0.53 Dimethylaniline (N,N-) 121697 0.99 Dimethylhydrazine (1,1-) 57147 0.57 Dinitrophenol (2,4-) 51285 0.99 Dinitrotoluene (2,4-) 121142 0.38 Dioxane (1,4-) (1,4-Diethyleneoxide) 123911 0.37 Epichlorohydrin(1-Chloro-2,3-epoxypropane) 106898 0.91 Ethyl acrylate 140885 0.99 Ethylbenzene 100414 0.99 Ethyl chloride (Chloroethane) 75003 0.99 Ethylene dibromide (Dibromomethane) 106934 0.99 Ethylene glycol dimethyl ether 110714 0.90 Ethylene glycol monobutyl ether acetate 112072 0.76 Ethylene glycol monomethyl ether acetate 110496 0.28 Ethylene oxide 75218 0.98 Ethylidene dichloride (1,1-Dichloroethane) 75343 0.99 Hexachlorobenzene 118741 0.99 Hexachlorobutadiene 87683 0.99 Hexachloroethane 67721 0.99 Hexane 110543 0.99 Isophorone 78591 0.60 Methanol 67561 0.31 Methyl bromide (Bromomethane) 74839 0.99 Methyl chloride (Chloromethane) 74873 0.99 Methyl isobutyl ketone (Hexone) 108101 0.99 Methyl methacrylate 80626 0.98 Methyl tert-butyl ether 1634044 0.99 Methylene chloride (Dichloromethane) 75092 0.99 Naphthalene 91203 0.99 Nitrobenzene 98953 0.80 Nitropropane (2-) 79469 0.98 Phosgene 75445 0.99 Propionaldehyde 123386 0.99 Propylene dichloride (1,2-Dichloropropane) 78875 0.99 Propylene oxide 75569 0.99 Styrene 100425 0.99 Tetrachloroethane (1,1,2,2-) 79345 0.99 Tetrachloroethylene (Perchloroethylene) 127184 0.99 Toluene 108883 0.99 Toluidine (o-) 95534 0.44 Trichlorobenzene (1,2,4-) 120821 0.99 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 0.99 Trichloroethane (1,1,2-) (Vinyl trichloride) 79005 0.99 Trichloroethylene 79016 0.99 Trichlorophenol (2,4,5-) 95954 0.96 Triethylamine 121448 0.99 Trimethylpentane (2,2,4-) 540841 0.99 Vinyl acetate 108054 0.99 Vinyl chloride (Chloroethylene) 75014 0.99 Vinylidene chloride (1,1-Dichloroethylene) 75354 0.99 Xylene (m-) 108383 0.99 Xylene (o-) 95476 0.99 Xylene (p-) 106423 0.99 a [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006] Table 10 to Subpart G of Part 63—Wastewater—Compliance Options for Wastewater Tanks Capacity (m 3 Maximum true vapor pressure (kPa) Control requirements <75 § 63.133(a)(1) “75 and <151 <13.1 § 63.133(a)(1) “151 <5.2 § 63.133(a)(1) Table 11 to Subpart G of Part 63—Wastewater—Inspection and Monitoring Requirements for Waste Management Units To comply with Inspection or monitoring requirement Frequency of inspection or monitoring Method Tanks: 63.133(b)(1) Inspect fixed roof and all openings for leaks Initially Semi-annually Visual. 63.133(c) Inspect floating roof in accordance with §§ 63.120 (a)(2) and (a)(3) See § 63.120 (a)(2) and (a)(3) Visual. 63.133(d) Measure floating roof seal gaps in accordance with §§ 63.120 (b)(2)(i) through (b)(4) See § 63.120 (b)(2)(i) through (b)(4). —Primary seal gaps Once every 5 years Initially Annually —Secondary seal gaps 63.133(f) 63.133(g) Inspect wastewater tank for control equipment failures and improper work practices Initially Semi-annually Visual. Surface impoundments: 63.134(b)(1) Inspect cover and all openings for leaks Initially Semi-annually Visual. 63.134(c) Inspect surface impoundment for control equipment failures and improper work practices Initially Semi-annually Visual. Containers: 63.135(b)(1), 63.135(b)(2) (ii) Inspect cover and all openings for leaks Initially Semi-annually Visual. 63.135(d)(1) Inspect enclosure and all openings for leaks Initially Semi-annually Visual. 63.135(e) Inspect container for control equipment failures and improper work practices Initially Semi-annually Visual. Individual Drain Systems a 63.136(b)(1) Inspect cover and all openings to ensure there are no gaps, cracks, or holes Initially Semi-annually Visual. 63.136(c) Inspect individual drain system for control equipment failures and improper work practices Initially Semi-annually Visual. 63.136(e)(1) Verify that sufficient water is present to properly maintain integrity of water seals Initially Semi-annually Visual. 63.136(e)(2), 63.136(f)(1) Inspect all drains using tightly-fitted caps or plugs to ensure caps and plugs are in place and properly installed Initially Semi-annually Visual. 63.136(f)(2) Inspect all junction boxes to ensure covers are in place and have no visible gaps, cracks, or holes Initially Semi-annually Visual or smoke test or other means as specified. 63.136(f)(3) Inspect unburied portion of all sewer lines for cracks and gaps Initially Semi-annually Visual. Oil-water separators: 63.137(b)(1) Inspect fixed roof and all openings for leaks Initially Semi-annually Visual. 63.137(c) Measure floating roof seal gaps in accordance with 40 CFR 60.696(d)(1) Initially b See 40 CFR 60.696(d)(1). —Primary seal gaps Once every 5 years 63.137(c) —Secondary seal gaps Initially b 63.137(d) Inspect oil-water separator for control equipment failures and improper work practices Initially Semi-annually Visual. a b Table 12 to Subpart G of Part 63—Monitoring Requirements for Treatment Processes To comply with Parameters to be monitored Frequency Methods 1. Required mass removal of Table 8 and/or Table 9 compound(s) from wastewater treated in a properly operated biological treatment unit, § 63.138(f), and § 63.138(g) Appropriate parameters as specified in § 63.143(c) and approved by permitting authority Appropriate frequency as specified in § 63.143 and approved by permitting authority Appropriate methods as specified in § 63.143 and as approved by permitting authority. 2. Steam stripper (i) Steam flow rate; and Continuously Integrating steam flow monitoring device equipped with a continuous recorder. (ii) Wastewater feed mass flow rate; and Continuously Liquid flow meter installed at stripper influent and equipped with a continuous recorder. (iii) Wastewater feed temperature; or Continuously (A) Liquid temperature monitoring device installed at stripper influent and equipped with a continuous or recorder; or 3. Other treatment processes or alternative monitoring parameters to those listed in item 2 of this table Other parameters may be monitored upon approval from the Administrator with the requirements specified in § 63.151(f) Table 13 to Subpart G of Part 63—Wastewater—Monitoring Requirements for Control Devices Table 13 to Subpart G of Part 63—Wastewater—Monitoring Requirements for Control Devices Control device Monitoring equipment required Parameters to be monitored Frequency All control devices 1. Flow indicator installed at all bypass lines to the atmosphere and equipped with continuous recorder b or 1. Presence of flow diverted from the control device to the atmosphere or Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour. 2. Valves sealed closed with car-seal or lock-and-key configuration 2. Monthly inspections of sealed valves Monthly. Thermal Incinerator Temperature monitoring device installed in firebox or in ductwork immediately downstream of firebox a b Firebox temperature Continuous. Catalytic Incinerator Temperature monitoring device installed in gas stream immediately before and after catalyst bed and equipped with a continuous recorder b 1. Temperature upstream of catalyst bed or Continuous. Flare (if meeting the requirements of § 63.139(c)(3)) Heat sensing device installed at the pilot light and equipped with a continuous recorder a Presence of a flame at the pilot light Hourly records of whether the monitor was continuously operating and whether the pilot flame was continuously present during each hour. Flare (if meeting the requirements of § 63.108) The monitoring equipment is specified in § 63.108 The parameters are specified in § 63.108 The frequency is specified in § 63.108. Boiler or process heater <44 megawatts and vent stream is not mixed with the primary fuel Temperature monitoring device installed in firebox a b Combustion temperature Continuous. Condenser Temperature monitoring device installed at condenser exit and equipped with continuous recorder b Condenser exit (product side) temperature Continuous. Carbon adsorber (regenerative, regenerated onsite) Integrating regeneration stream flow monitoring device having an accuracy of ±10 percent, and Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) For each regeneration cycle, record the total regeneration stream mass or volumetric flow. Carbon bed temperature monitoring device Temperature of carbon bed after regeneration [and within 15 minutes of completing any cooling cycle(s)] For each regeneration cycle and within 15 minutes of completing any cooling cycle, record the carbon bed temperature. Carbon adsorber (Non-regenerative or regenerative, regenerated offsite) Organic compound concentration monitoring device c Organic compound concentration of adsorber exhaust Daily or at intervals no greater than 20 percent of the design carbon replacement interval, whichever is greater. The monitoring equipment is specified in § 63.139(d)(5) The parameters are specified in § 63.139(d)(5) The frequency is specified in § 63.139(d)(5). Organic monitoring device d Organic monitoring device installed at the outlet of the control device Organic compound concentration of control device exhaust Continuous. Alternative monitoring parameters Other parameters may be monitored upon approval from the Administrator in accordance with the requirements in § 63.143(e)(3) a b c d [89 FR 43218, May 16, 2024] Tables 14-14b to Subpart G of Part 63 [Reserved] Table 15 to Subpart G of Part 63—Wastewater—Information on Table 8 and/or Table 9 Compounds To Be Submitted With Notification of Compliance Status for Process Units at New and/or Existing Sources a b Process unit identification code c Stream identification code Concentration of table 8 and/or table 9 compound(s) (ppmw) d e Flow rate (lpm) e f Group 1 or Group 2 g Compliance approach h Treatment process(es) identification i Waste management unit(s) identification Intended control device a b c d e f g h Table 16 to Subpart G of Part 63 [Reserved] Table 17 to Subpart G of Part 63—Information for Treatment Processes To Be Submitted With Notification of Compliance Status a b Treatment process identification c Description d Wastewater stream(s) treated e Monitoring parameters f a b c d e f Table 18 to Subpart G of Part 63—Information for Waste Management Units To Be Submitted With Notification of Compliance Status a b Waste management unit identification c Description d Wastewater stream(s) received or managed e a b c d e Table 19 to Subpart G of Part 63—Wastewater—Information on Residuals To Be Submitted With Notification of Compliance Status a b Residual identification c Residual description d Wastewater stream identification e Treatment process f Fate g Control device identification code Control device description h Control device efficiency i a b c d e f g h i Table 20 to Subpart G of Part 63—Wastewater—Periodic Reporting Requirements for Control Devices Subject to § 63.139 Used To Comply With §§ 63.13 Through 63.139 Table 20 to Subpart G of Part 63—Wastewater—Periodic Reporting Requirements for Control Devices Subject to § 63.139 Used To Comply With §§ 63.13 Through 63.139 Control device Reporting requirements (1) Thermal Incinerator. Report all daily average a b c (2) Catalytic Incinerator (i) Report all daily average a b (ii) Report all daily average a b (iii) Report all operating days when insufficient monitoring data are collected. c (3) Boiler or Process Heater with a design heat input capacity less than 44 megawatts and vent stream is not mixed with the primary fuel Report all daily average a b c (4a) Flare (if meeting the requirements of § 63.139(c)(3)) Report the duration of all periods when all pilot flames are absent. (4b) Flare (if meeting the requirements of § 63.108) The reporting requirements are specified in § 63.108(l) of subpart F of this part. (5) Condenser Report all daily average a b c (6) Carbon Adsorber (Regenerative) (i) Report all carbon bed regeneration cycles when the total regeneration stream mass or volumetric flow is outside the range established in the NCS b (ii) Report all carbon bed regeneration cycles during which the temperature of the carbon bed after regeneration is outside the range established in the NCS b (iii) Report all operating days when insufficient monitoring data are collected c (iv) For each regenerative adsorber that is regenerated offsite subject to the requirements in § 63.139(d)(5) report the date of each instance when breakthrough, as defined in § 63.101, is detected between the first and second adsorber and the adsorber is not replaced according to § 63.139(d)(5)(iii)(A). (7) Carbon Adsorber (Non-Regenerative) (i) Report all operating days when inspections not done according to the schedule developed as specified in table 13 of this subpart. (ii) Report all operating days when carbon has not been replaced at the frequency specified in table 13 of this subpart. (iii) For each nonregenerative adsorber subject to the requirements in § 63.139(d)(5), report the date of each instance when breakthrough, as defined in § 63.101, is detected between the first and second adsorber and the adsorber is not replaced according to § 63.139(d)(5)(iii)(A). (8) All Control Devices (i) Report the times and durations of all periods when the vent stream is diverted through a bypass line or the monitor is not operating, or (ii) Report all monthly inspections that show the valves are moved to the diverting position or the seal has been changed. (iii) For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10), report the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (9) Thermal Incinerator, Catalytic Incinerator, Boiler, Process Heater, Condenser, or Carbon Adsorber using a continuous organic monitoring device as specified in § 63.143(e)(2) (i) Report all daily average a c c a b c [89 FR 43219, May 16, 2024] Table 21 to Subpart G of Part 63—Average Storage Temperature (T s Tank Color Average Storage Temperature (T s White T A Aluminum T A Gray T A Black T A a A Table 22 to Subpart G of Part 63—Paint Factors for Fixed Roof Tanks Tank color Paint factors (F p Roof Shell Good Poor White White 1.00 1.15 Aluminum (specular) White 1.04 1.18 White Aluminum (specular) 1.16 1.24 Aluminum (specular) Aluminum (specular) 1.20 1.29 White Aluminum (diffuse) 1.30 1.38 Aluminum (diffuse) Aluminum (diffuse) 1.39 1.46 White Gray 1.30 1.38 Light gray Light gray 1.33 1.44 Medium gray Medium gray 1.40 1.58 Table 23 to Subpart G of Part 63—Average Clingage Factors ( c a Liquid Shell condition Light rust b Dense rust Gunite lined Gasoline 0.0015 0.0075 0.15 Single component stocks 0.0015 0.0075 0.15 Crude oil 0.0060 0.030 0.60 a b Table 24 to Subpart G of Part 63—Typical Number of Columns as a Function of Tank Diameter for Internal Floating Roof Tanks With Column Supported Fixed Roofs a Tank diameter range (D in feet) Typical number of columns, (N C 0 <D ≤85 1 85 <D ≤100 6 100 <D ≤120 7 120 <D ≤135 8 135 <D ≤150 9 150 <D ≤170 16 170 <D ≤190 19 190 <D ≤220 22 220 <D ≤235 31 235 <D ≤270 37 270 <D ≤275 43 275 <D ≤290 49 290 <D ≤330 61 330 <D ≤360 71 360 <D ≤400 81 a Table 25 to Subpart G of Part 63—Effective Column Diameter (F c Column type F c 9-inch by 7-inch built-up columns 1.1 8-inch-diameter pipe columns 0.7 No construction details known 1.0 Table 26 to Subpart G of Part 63—Seal Related Factors for Internal Floating Roof Vessels Seal type K S n Liquid mounted resilient seal: Primary seal only 3.0 0 With rim-mounted secondary seal a 1.6 0 Vapor mounted resilient seal: Primary seal only 6.7 0 With rim-mounted secondary seal a 2.5 0 a Table 27 to Subpart G of Part 63—Summary of Internal Floating Deck Fitting Loss Factors (K F F Deck fitting type Deck fitting loss factor (K F a Typical number of fittings (N F Access hatch 1. Bolted cover, gasketed 1.6 Unbolted cover, gasketed 11 Unbolted cover, ungasketed b Automatic gauge float well 1. Bolted cover, gasketed 5.1 Unbolted cover, gasketed 15 Unbolted cover, ungasketed b Column well (see Table 24). Builtup column-sliding cover, gasketed 33 Builtup column-sliding cover, ungasketed b Pipe column-flexible fabric sleeve seal 19 Pipe column-sliding cover, gasketed 32 Pipe column-sliding cover, ungasketed Ladder well 1. Sliding cover, gasketed 56 Sliding cover, ungasketed b Roof leg or hanger well (5 + D/10 + D 2 c Adjustable b Fixed 0 Sample pipe or well 1. Slotted pipe-sliding cover, gasketed 44 Slotted pipe-sliding cover, ungasketed 57 Sample well-slit fabric seal, 10 percent open area b Stub drain, 1-in diameter d 1.2 (D 2 c Vacuum breaker 1. Weighted mechanical actuation, gasketed b Weighted mechanical actuation, ungasketed 0.9 a F b c d Table 28 to Subpart G of Part 63—Deck Seam Length Factors a D Deck construction Typical deck seam length factor Continuous sheet construction b 5-feet wide sheets 0.2 c 6-feet wide sheets 0.17 7-feet wide sheets 0.14 Panel construction d 5 × 7.5 feet rectangular 0.33 5 × 12 feet rectangular 0.28 a D b D c d D Table 29 to Subpart G of Part 63—Seal Related Factors for External Floating Roof Vessels Seal type Welded vessels Riveted vessels K S N K S N Metallic shoe seal: Primary seal only 1.2 1.5 1.3 1.5 With shoe-mounted secondary seal 0.8 1.2 1.4 1.2 With rim-mounted secondary seal 0.2 1.0 0.2 1.6 Liquid mounted resilient seal: Primary seal only 1.1 1.0 a NA With weather shield 0.8 0.9 NA NA With rim-mounted secondary seal 0.7 0.4 NA NA Vapor mounted resilient seal: Primary seal only 1.2 2.3 NA NA With weather shield 0.9 2.2 NA NA With rim-mounted secondary seal 0.2 2.6 NA NA a Table 30 to Subpart G of Part 63—Roof Fitting Loss Factors, K Fa Fb a T Fitting type and construction details Loss factors b Typical number of fittings, N T K Fa K Fb m m (dimensionless) Access hatch (24-in-diameter well) 1. Bolted cover, gasketed 0 0 c Unbolted cover, ungasketed 2.7 7.1 1.0 Unbolted cover, gasketed 2.9 0.41 1.0 Unslotted guide-pole well (8-in-diameter unslotted pole, 21-in-diameter well) 1. Ungasketed sliding cover 0 67 c Gasketed sliding cover 0 3.0 1.4 Slotted guide-pole/sample well (8-in-diameter unslotted pole, 21-in-diameter well) ( d Ungasketed sliding cover, without float 0 310 1.2 Ungasketed sliding cover, with float 0 29 2.0 Gasketed sliding cover, without float 0 260 1.2 Gasketed sliding cover, with float 0 8.5 1.4 Gauge-float well (20-inch diameter) 1. Unbolted cover, ungasketed 2.3 5.9 c Unbolted cover, gasketed 2.4 0.34 1.0 Bolted cover, gasketed 0 0 0 Gauge-hatch/sample well (8-inch diameter) 1. Weighted mechanical actuation, gasketed 0.95 0.14 c Weighted mechanical actuation, ungasketed 0.91 2.4 1.0 Vacuum breaker (10-in-diameter well) N F6 Weighted mechanical actuation, gasketed 1.2 0.17 c Weighted mechanical actuation, ungasketed 1.2 3.0 1.0 Roof drain (3-in-diameter) N F7 Open 0 7.0 e N F8 f 90 percent closed 0.51 0.81 1.0 Roof leg (3-in-diameter) N F8 f Adjustable, pontoon area 1.5 0.20 c Adjustable, center area 0.25 0.067 c Adjustable, double-deck roofs 0.25 0.067 1.0 Fixed 0 0 0 Roof leg (2 1 2 N F8 f Adjustable, pontoon area 1.7 0 0 Adjustable, center area 0.41 0 0 Adjustable, double-deck roofs 0.41 0 0 Fixed 0 0 0 Rim vent (6-in-diameter) 1 g Weighted mechanical actuation, gasketed 0.71 0.10 c Weighted mechanical actuation, ungasketed 0.68 1.8 1.0 a Fa Fb b c d e f 1 2 g Table 31 to Subpart G of Part 63—Typical Number of Vacuum Breakers, N F6 a F7 Tank diameter D (feet) b No. of vacuum breakers, N F6 No. of roof drains, N F7 c Pontoon roof Double-deck roof 50 1 1 1 100 1 1 1 150 2 2 2 200 3 2 3 250 4 3 5 300 5 3 7 350 6 4 d 400 7 4 d a b c d Table 32 to Subpart G of Part 63—Typical Number of Roof Legs, a F8 Tank diameter D (feet) b Pontoon roof No. of legs on double-deck roof No. of pontoon legs No. of center legs 30 4 2 6 40 4 4 7 50 6 6 8 60 9 7 10 70 13 9 13 80 15 10 16 90 16 12 20 100 17 16 25 110 18 20 29 120 19 24 34 130 20 28 40 140 21 33 46 150 23 38 52 160 26 42 58 170 27 49 66 180 28 56 74 190 29 62 82 200 30 69 90 210 31 77 98 220 32 83 107 230 33 92 115 240 34 101 127 250 34 109 138 260 36 118 149 270 36 128 162 280 37 138 173 290 38 148 186 300 38 156 200 310 39 168 213 320 39 179 226 330 40 190 240 340 41 202 255 350 42 213 270 360 44 226 285 370 45 238 300 380 46 252 315 390 47 266 330 400 48 281 345 a b Table 33 to Subpart G of Part 63—Saturation Factors Cargo carrier Mode of operation S factor Tank trucks and rail tank cars Submerged loading of a clean cargo tank 0.50 Submerged loading: dedicated normal service 0.60 Submerged loading: dedicated vapor balance service 1.00 Splash loading of a clean cargo tank 1.45 Splash loading: dedicated normal service 1.45 Splash loading: dedicated vapor balance service 1.00 Table 34 to Subpart G of Part 63—Fraction Measured (F m e Chemical name CAS Number a F m F e Acetaldehyde 75070 1.00 0.48 Acetonitrile 75058 0.99 0.36 Acetophenone 98862 0.31 0.14 Acrolein 107028 1.00 0.43 Acrylonitrile 107131 1.00 0.43 Allyl chloride 107051 1.00 0.89 Benzene 71432 1.00 0.80 Benzyl chloride 100447 1.00 0.47 Biphenyl 92524 0.86 0.45 Bromoform 75252 1.00 0.49 Butadiene (1,3-) 106990 1.00 0.98 Carbon disulfide 75150 1.00 0.92 Carbon tetrachloride 56235 1.00 0.94 Chlorobenzene 108907 1.00 0.73 Chloroform 67663 1.00 0.78 Chloroprene (2-Chloro-1,3-butadiene) 126998 1.00 0.68 Cumene 98828 1.00 0.88 Dichlorobenzene (p-) 106467 1.00 0.72 Dichloroethane (1,2-) (Ethylene dichloride) 107062 1.00 0.64 Dichloroethyl ether (Bis(2-Chloroethyl ether)) 111444 0.76 0.21 Dichloropropene (1,3-) 542756 1.00 0.76 Diethyl sulfate 64675 0.0025 0.11 Dimethyl sulfate 77781 0.086 0.079 Dimethylaniline (N,N-) 121697 0.00080 0.34 Dimethylhydrazine (1,1-) 57147 0.38 0.054 Dinitrophenol (2,4-) 51285 0.0077 0.060 Dinitrotoluene (2,4-) 121142 0.085 0.18 Dioxane (1,4-) (1,4-Diethyleneoxide) 123911 0.87 0.18 Epichlorohydrin(1-Chloro-2,3-epoxypropane) 106898 0.94 0.35 Ethyl acrylate 140885 1.00 0.48 Ethylbenzene 100414 1.00 0.83 Ethyl chloride (Chloroethane) 75003 1.00 0.90 Ethylene dibromide (Dibromomethane) 106934 1.00 0.57 Ethylene glycol dimethyl ether 110714 0.86 0.32 Ethylene glycol monobutyl ether acetate 112072 0.043 0.067 Ethylene glycol monomethyl ether acetate 110496 0.093 0.048 Ethylene oxide 75218 1.00 0.50 Ethylidene dichloride (1,1-Dichloroethane) 75343 1.00 0.79 Hexachlorobenzene 118741 0.97 0.64 Hexachlorobutadiene 87683 0.88 0.86 Hexachloroethane 67721 0.50 0.85 Hexane 110543 1.00 1.00 Isophorone 78591 0.51 0.11 Methanol 67561 0.85 0.17 Methyl bromide (Bromomethane) 74839 1.00 0.85 Methyl chloride (Chloromethane) 74873 1.00 0.84 Methyl isobutyl ketone (Hexone) 108101 0.98 0.53 Methyl methacrylate 80626 1.00 0.37 Methyl tert-butyl ether 1634044 1.00 0.57 Methylene chloride (Dichloromethane) 75092 1.00 0.77 Naphthalene 91203 0.99 0.51 Nitrobenzene 98953 0.39 0.23 Nitropropane (2-) 79469 0.99 0.44 Phosgene 75445 1.00 0.87 Propionaldehyde 123386 1.00 0.41 Propylene dichloride (1,2-Dichloropropane) 78875 1.00 0.72 Propylene oxide 75569 1.00 0.60 Styrene 100425 1.00 0.80 Tetrachloroethane (1,1,2,2-) 79345 1.00 0.46 Tetrachloroethylene (Perchloroethylene) 127184 1.00 0.92 Toluene 108883 1.00 0.80 Toluidine (o-) 95534 0.15 0.052 Trichlorobenzene (1,2,4-) 120821 1.00 0.64 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 1.00 0.91 Trichloroethane (1,1,2-) (Vinyl Trichloride) 79005 1.00 0.60 Trichloroethylene 79016 1.00 0.87 Trichlorophenol (2,4,5-) 95954 0.11 0.086 Triethylamine 121448 1.00 0.38 Trimethylpentane (2,2,4-) 540841 1.00 1.00 Vinyl acetate 108054 1.00 0.59 Vinyl chloride (Chloroethylene) 75014 1.00 0.97 Vinylidene chloride (1,1-Dichloroethylene) 75354 1.00 0.94 Xylene (m-) 108383 1.00 0.82 Xylene (o-) 95476 1.00 0.79 Xylene (p-) 106423 1.00 0.82 a [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006] Table 35 to Subpart G of Part 63—Control Requirements for Items of Equipment That Meet the Criteria of § 63.149 of Subpart G Item of equipment Control requirement a Drain or drain hub (a) Tightly fitting solid cover (TFSC); or Manhole b (a) TFSC; or Lift station (a) TFSC; or Trench (a) TFSC; or Pipe Each pipe shall have no visible gaps in joints, seals, or other emission interfaces. Oil/Water separator (a) Equip with a fixed roof and route vapors to a process or to a fuel gas system, or equip with a closed vent system that routes vapors to a control device meeting the requirements of § 63.139(c); or Tank c Maintain a fixed roof. d e a b c 3 d e Table 36 to Subpart G of Part 63—Compound Lists Used for Compliance Demonstrations for Enhanced Biological Treatment Processes (See § 63.145( h List 1 List 2 Acetonitrile Acetaldehyde. Acetophenone Acrolein. Acrylonitrile Allyl Chloride. Biphenyl Benzene. Chlorobenzene Benzyl Chloride, Dichloroethyl Ether Bromoform. Diethyl Sulfate Bromomethane. Dimethyl Sulfate Butadiene 1,3. Dimethyl Hydrazine 1,1 Carbon Disulfide. Dinitrophenol 2,4 Carbon Tetrachloride Dinitrotoluene 2,4 Chloroethane (ethyl chloride). Dioxane 1,4 Chloroform. Ethylene Glycol Monobutyl Chloroprene. Ethylene Glycol Monomethyl Cumene (isopropylbenzene). Ethylene Glycol Dimethyl Ether Dibromoethane 1,2. Hexachlorobenzene Dichlorobenzene 1,4. Isophorone Dichloroethane 1,2. Methanol Dichloroethane 1,1 (ethylidene dichloride). Methyl Methacrylate Dichloroethene 1,1 (vinylidene chloride). Nitrobenzene Dichloropropane 1,2. Toluidine Dichloropropene 1,3. Trichlorobenzene 1,2,4. Dimethylaniline N,N. Trichlorophenol 2,4,6 Epichlorohydrin. Triethylamine Ethyl Acrylate. Ethylbenzene. Ethylene Oxide. Ethylene Dibromide. Hexachlorobutadiene. Hexachloroethane. Hexane-n. Methyl Isobutyl Ketone. Methyl Tertiary Butyl Ether. Methyl Chloride. Methylene Chloride (dichloromethane). Naphthalene. Nitropropane 2 Phosgene. Propionaldehyde. Propylene Oxide. Styrene. Tetrachloroethane 1,1,2,2. TolueneTrichloroethane 1,1,1 (methyl chloroform). Trichloroethane 1,1,2. Trichloroethylene. Trimethylpentane 2,2,4. Vinyl Chloride. Vinyl Acetate. Xylene-m. Xylene-o. Xylene-p. [59 FR 19468, Apr. 22, 1994, as amended at 71 FR 76615, Dec. 21, 2006] Table 37 to Subpart G of Part 63—Default Biorates for List 1 Compounds Compound name Biorate, K1 Acetonitrile 0.100 Acetophenone 0.538 Acrylonitrile 0.750 Biphenyl 5.643 Chlorobenzene 10.000 Dichloroethyl ether 0.246 Diethyl sulfate 0.105 Dimethyl hydrazine(1,1) 0.227 DIMethyl sulfate 0.178 Dinitrophenol 2,4 0.620 Dinitrotoluene(2,4) 0.784 Dioxane(1,4) 0.393 Ethylene glycol dimethyl ether 0.364 Ethylene glycol monomethyl ether acetate 0.159 Ethylene glycol monobutyl ether acetate 0.496 Hexachlorobenzene 16.179 ISophorone 0.598 Methanol 0.200 Methyl methacrylate 4.300 Nitrobenzene 2.300 Toluidine (-0) 0.859 Trichlorobenzene 1,2,4 4.393 Trichlorophenol 2,4,5 4.477 Triethylamine 1.064 Table 38 to Subpart G of Part 63—Toxic Equivalency Factors Table 38 to Subpart G of Part 63—Toxic Equivalency Factors Dioxin and furan congener Toxic 1,2,3,7,8-pentachlorodibenzo-p-dioxin 1 1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.01 octachlorodibenzo-p-dioxin 0.0003 2,3,7,8-tetrachlorodibenzofuran 0.1 2,3,4,7,8-pentachlorodibenzofuran 0.3 1,2,3,7,8-pentachlorodibenzofuran 0.03 1,2,3,4,7,8-hexachlorodibenzofuran 0.1 1,2,3,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,7,8,9-hexachlorodibenzofuran 0.1 2,3,4,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorodibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorodibenzofuran 0.01 Octachlorodibenzofuran 0.0003 [89 FR 43220, May 16, 2024] Figure 1 to Subpart G of Part 63—Definitions of Terms Used in Wastewater Equations Main Terms AMR = Actual mass removal of Table 8 and/or Table 9 compounds achieved by treatment process or a series of treatment processes, kg/hr. C = Concentration of Table 8 and/or Table 9 compounds in wastewater, ppmw. CG = Concentration of TOC (minus methane and ethane) or total organic hazardous air pollutants, in vented gas stream, dry basis, ppmv. CG c CGS = Concentration of sample compounds in vented gas stream, dry basis, ppmv. E = Removal or destruction efficiency, percent. F bio f bio Fm = Compound-specific fraction measured factor, unitless (listed in table 34). Fr = Fraction removal value for Table 8 and/or Table 9 compounds, unitless (listed in Table 9). Fr avg i = Identifier for a compound. j = Identifier for a sample. k = Identifier for a run. K 2 −9 −1 3 3 m = Number of samples. M = Mass, kg. MW = Molecular weight, kg/kg-mole. n = Number of compounds. p = Number of runs. %O 2d Q = Volumetric flowrate of wastewater, m 3 QG = Volumetric flow rate of vented gas stream, dry standard, m 3 QMG = Mass flowrate of TOC (minus methane and ethane) or organic hazardous air pollutants, in vented gas stream, kg/hr. QMW = Mass flowrate of Table 8 and/or Table 9 compounds in wastewater, kg/hr. ρ = Density, kg/m 3 RMR = Required mass removal achieved by treatment process or a series of treatment processes, kg/hr. t T Subscripts a = Entering. b = Exiting. i = Identifier for a compound. j = Identifier for a sample. k = Identifier for a run. m = Number of samples. n = Number of compounds. p = Number of runs. T = Total; sum of individual. [59 FR 19468, Apr. 22, 1994, as amended at 59 FR 29201, June 6, 1994; 61 FR 63629, Dec. 12, 1995; 62 FR 2779, Jan. 17, 1997; 63 FR 67793, Dec. 9, 1998; 64 FR 20195, Apr. 26, 1999; 65 FR 78284, Dec. 14, 2000; 66 FR 6935, Jan. 22, 2001] Subpart H—National Emission Standards for Hazardous Air Pollutants for Equipment Leaks and Fenceline Monitoring for All Emission Sources Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted. § 63.160 Applicability and designation of source. (a) The provisions of this subpart apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems, and control devices or closed vent systems required by this subpart that are intended to operate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subject to the provisions of a specific subpart in 40 CFR part 63 that references this subpart. (b) After the compliance date for a process unit, equipment to which this subpart applies that are also subject to the provisions of: (1) Part 60 of this chapter will be required to comply only with the provisions of this subpart, except as specified in §§ 60.480a(e)(2)(i) and 60.480b(e)(2)(i) of this chapter. (2) 40 CFR part 61 will be required to comply only with the provisions of this subpart. (c) If a process unit subject to the provisions of this subpart has equipment to which this subpart does not apply, but which is subject to a standard identified in paragraph (c)(1), (2), or (3) of this section, the owner or operator may elect to apply this subpart to all such equipment in the process unit. If the owner or operator elects this method of compliance, all VOC in such equipment shall be considered, for purposes of applicability and compliance with this subpart, as if it were organic hazardous air pollutant (HAP). Compliance with the provisions of this subpart, in the manner described in this paragraph, shall be deemed to constitute compliance with the standard identified in paragraph (c)(1), (2), or (3) of this section. (1) Part 60, subpart VV, VVa, VVb, GGG, or KKK, of this chapter, except as specified in §§ 60.480a(e)(2)(i) and 60.480b(e)(2)(i) of this chapter; (2) Part 61, subpart F or J of this chapter; or (3) Part 264, subpart BB of this chapter or part 265, subpart BB of this chapter. (d) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (b) of this section. (e) Except as provided in any subpart that references this subpart, lines and equipment not containing process fluids are not subject to the provisions of this subpart. Utilities, and other non-process lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process unit. (f) The provisions of this subpart do not apply to research and development facilities or to bench-scale batch processes, regardless of whether the facilities or processes are located at the same plant site as a process subject to the provisions of this subpart. (g) Alternative means of compliance (1) Option to comply with 40 CFR part 65. (2) Part 65, subpart C or F. (3) Part 63, subpart A. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 64 FR 20198, Apr. 26, 1999; 65 FR 78285, Dec. 14, 2000; 89 FR 43220, May 16, 2024] § 63.161 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart F of this part, except as provided in any subpart that references this subpart. [89 FR 43221, May 16, 2024] § 63.162 Standards: General. (a) Compliance with this subpart will be determined by review of the records required by § 63.181 of this subpart and the reports required by § 63.182 of this subpart, review of performance test results, and by inspections. (b)(1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§ 63.163 through 63.170, and §§ 63.172 through 63.174 of this subpart as provided in § 63.177. (2) If the Administrator makes a determination that a means of emission limitation is a permissible alternative to the requirements of §§ 63.163 through 63.170, and §§ 63.172 through 63.174 of this subpart, the owner or operator shall comply with the alternative. (c) Each piece of equipment in a process unit to which this subpart applies shall be identified such that it can be distinguished readily from equipment that is not subject to this subpart. Identification of the equipment does not require physical tagging of the equipment. For example, the equipment may be identified on a plant site plan, in log entries, or by designation of process unit boundaries by some form of weatherproof identification. (d) Equipment that is in vacuum service is excluded from the requirements of this subpart. (e) Equipment that is in organic HAP service less than 300 hours per calendar year is excluded from the requirements of §§ 63.163 through 63.174 of this subpart and § 63.178 of this subpart if it is identified as required in § 63.181(j) of this subpart. (f) When each leak is detected as specified in §§ 63.163 and 63.164; §§ 63.168 and 63.169; and §§ 63.172 through 63.174 of this subpart, the following requirements apply: (1) Clearly identify the leaking equipment. (2) The identification on a valve may be removed after it has been monitored as specified in §§ 63.168(f)(3), and 63.175(e)(7)(i)(D) of this subpart, and no leak has been detected during the follow-up monitoring. If the owner or operator elects to comply using the provisions of § 63.174(c)(1)(i) of this subpart, the identification on a connector may be removed after it is monitored as specified in § 63.174(c)(1)(i) and no leak is detected during that monitoring. (3) The identification which has been placed on equipment determined to have a leak, except for a valve or for a connector that is subject to the provisions of § 63.174(c)(1)(i), may be removed after it is repaired. (g) Except as provided in paragraph (g)(1) of this section, all terms in this subpart that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), refer to the standard calendar periods unless specified otherwise in the section or subsection that imposes the requirement. (1) If the initial compliance date does not coincide with the beginning of the standard calendar period, an owner or operator may elect to utilize a period beginning on the compliance date, or may elect to comply in accordance with the provisions of paragraphs (g)(2) or (g)(3) of this section. (2) Time periods specified in this subpart for completion of required tasks may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part. For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (3) Except as provided in paragraph (g)(1) or (g)(2) of this section, where the period specified for compliance is a standard calendar period, if the initial compliance date does not coincide with the beginning of the calendar period, compliance shall be required according to the schedule specified in paragraphs (g)(3)(i) or (g)(3)(ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (4) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during each period, provided the task is conducted at a reasonable interval after completion of the task during the previous period. (h) In all cases where the provisions of this subpart require an owner or operator to repair leaks by a specified time after the leak is detected, it is a violation of this subpart to fail to take action to repair the leaks within the specified time. If action is taken to repair the leaks within the specified time, failure of that action to successfully repair the leak is not a violation of this subpart. However, if the repairs are unsuccessful, a leak is detected and the owner or operator shall take further action as required by applicable provisions of this subpart. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 62 FR 2789, Jan. 17, 1997; 68 FR 37345, June 23, 2003] § 63.163 Standards: Pumps in light liquid service. (a) The provisions of this section apply to each pump that is in light liquid service. (1) The provisions are to be implemented on the dates specified in the specific subpart in 40 CFR part 63 that references this subpart in the phases specified below: (i) For each group of existing process units at existing sources subject to the provisions of subparts F or I of this part, the phases of the standard are: (A) Phase I, beginning on the compliance date; (B) Phase II, beginning no later than 1 year after the compliance date; and (C) Phase III, beginning no later than 2 1/2 (ii) For new sources subject to the provisions of subparts F or I of this part, the applicable phases of the standard are: (A) After initial start-up, comply with the Phase II requirements; and (B) Beginning no later than 1 year after initial start-up, comply with the Phase III requirements. (iii) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for each pump in ethylene oxide service, as defined in § 63.101, that is added to a CMPU, and for each pump in ethylene oxide service, that replaces a pump in ethylene oxide service, owners and operators must initially monitor for leaks within 5 days after initial startup of the equipment. (2) The owner or operator of a source subject to the provisions of subparts F or I of this part may elect to meet the requirements of a later phase during the time period specified for an earlier phase. (3) Sources subject to other subparts in 40 CFR part 63 that reference this subpart shall comply on the dates specified in the applicable subpart. (b)(1) The owner or operator of a process unit subject to this subpart shall monitor each pump monthly to detect leaks by the method specified in § 63.180(b) of this subpart and shall comply with the requirements of paragraphs (a) through (d) of this section, except as provided in § 63.162(b) of this subpart and paragraphs (e) through (j) of this section. (2) Except as specified in paragraph (b)(2)(iv) of this section, the instrument reading, as determined by the method as specified in § 63.180(b), that defines a leak in each phase of the standard is: (i) For Phase I, an instrument reading of 10,000 parts per million or greater. (ii) For Phase II, an instrument reading of 5,000 parts per million or greater. (iii) For Phase III, an instrument reading of: (A) 5,000 parts per million or greater for pumps handling polymerizing monomers; (B) 2,000 parts per million or greater for pumps in food/medical service; and (C) 1,000 parts per million or greater for all other pumps. (iv) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for pumps in ethylene oxide service, as defined in § 63.101, the instrument reading that defines a leak for pumps is 500 parts per million or greater. (3) Each pump shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. If there are indications of liquids dripping from the pump seal, a leak is detected. (c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in paragraph (c)(3) of this section or § 63.171 of this subpart. (2) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. First attempts at repair include, but are not limited to, the following practices where practicable: (i) Tightening of packing gland nuts. (ii) Ensuring that the seal flush is operating at design pressure and temperature. (3) Except as specified in paragraph (c)(4) of this section, for pumps in Phase III to which a 1,000 parts per million leak definition applies, repair is not required unless an instrument reading of 2,000 parts per million or greater is detected. (4) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for pumps in ethylene oxide service, as defined in § 63.101, paragraph (c)(3) of this section is not applicable. (d)(1) The owner or operator shall decide no later than the first monitoring period whether to calculate percent leaking pumps on a process unit basis or on a source-wide basis. Once the owner or operator has decided, all subsequent percent calculations shall be made on the same basis. (2) If, in Phase III, calculated on a 6-month rolling average, the greater of either 10 percent of the pumps in a process unit or three pumps in a process unit leak, the owner or operator shall implement a quality improvement program for pumps that complies with the requirements of § 63.176 of this subpart. (3) The number of pumps at a process unit shall be the sum of all the pumps in organic HAP service, except that pumps found leaking in a continuous process unit within 1 month after start-up of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (4) Percent leaking pumps shall be determined by the following equation: %P L L S T S where: %P L P L P T P S (e) Except as specified in paragraph (e)(7) of this section, each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraphs (a) through (d) of this section, provided the following requirements are met: (1) Each dual mechanical seal system is: (i) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure; or (ii) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or (iii) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (2) The barrier fluid is not in light liquid service. (3) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (4) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. (i) If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the pump shall be monitored as specified in § 63.180(b) of this subpart to determine if there is a leak of organic HAP in the barrier fluid. (ii) If an instrument reading of 1,000 parts per million or greater is measured, a leak is detected. (5) Each sensor as described in paragraph (e)(3) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (6)(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. (ii) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(6)(i) of this section, or if, based on the criteria established in paragraph (e)(6)(i) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (iii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart. (iv) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (7) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for pumps in ethylene oxide service, as defined in § 63.101, paragraph (e) of this section is not applicable. (f) Any pump that is designed with no externally actuated shaft penetrating the pump housing is exempt from the requirements of paragraphs (a) through (c) of this section. (g) Any pump that is routed to a process or fuel gas system or equipped with a closed vent system capable of capturing and transporting leakage from the pump to a control device meeting the requirements of § 63.172 is exempt from the requirements of paragraphs (a)(1)(iii), and (b) through (e) of this section. (h) Any pump that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(3) and (e)(4) of this section, and the daily requirements of paragraph (e)(5) of this section, provided that each pump is visually inspected as often as practicable and at least monthly. (i) If more than 90 percent of the pumps at a process unit meet the criteria in either paragraph (e) or (f) of this section, the process unit is exempt from the requirements of paragraph (d) of this section. (j) Any pump that is designated, as described in § 63.181(b)(7)(i), as an unsafe-to-monitor pump is exempt from the requirements of paragraphs (a)(1)(iii), and (b) through (e) of this section if: (1) The owner or operator of the pump determines that the pump is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (a)(1)(iii), and (b) through (d) of this section; and (2) The owner or operator of the pump has a written plan that requires monitoring of the pump as frequently as practical during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 61 FR 31439, June 20, 1996; 62 FR 2789, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 89 FR 43221, May 16, 2024] § 63.164 Standards: Compressors. (a) Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluid to the atmosphere, except as provided in § 63.162(b) of this subpart and paragraphs (h) and (i) of this section. (b) Each compressor seal system as required in paragraph (a) of this section shall be: (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure; or (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream. (c) The barrier fluid shall not be in light liquid service. (d) Each barrier fluid system as described in paragraphs (a) through (c) of this section shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both. (e)(1) Each sensor as required in paragraph (d) of this section shall be observed daily or shall be equipped with an alarm unless the compressor is located within the boundary of an unmanned plant site. (2) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both. (f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under paragraph (e)(2) of this section, a leak is detected. (g)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart. (2) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (h) A compressor is exempt from the requirements of paragraphs (a) through (g) of this section if it is equipped with a system to capture and transport leakage from the compressor drive shaft seal to a process or a fuel gas system or to a closed vent system that captures and transports leakage from the compressor to a control device meeting the requirements of § 63.172 of this subpart. (i) Any compressor that is designated, as described in § 63.181(b)(2)(ii) of this subpart, to operate with an instrument reading of less than 500 parts per million above background, is exempt from the requirements of paragraphs (a) through (h) of this section if the compressor: (1) Is demonstrated to be operating with an instrument reading of less than 500 parts per million above background, as measured by the method specified in § 63.180(c) of this subpart; and (2) Is tested for compliance with paragraph (i)(1) of this section initially upon designation, annually, and at other times requested by the Administrator. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 62 FR 2790, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 89 FR 43221, May 16, 2024] § 63.165 Standards: Pressure relief devices in gas/vapor service or light liquid service. (a) Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with an instrument reading of less than 500 parts per million above background except as provided in paragraph (b) of this section, as measured by the method specified in § 63.180(c). For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), this paragraph (a) no longer applies and instead the owner or operator must comply with paragraph (e) of this section. (b) Except as specified in paragraph (e) of this section, comply with paragraphs (b)(1) and (b)(2) of this section. (1) After each pressure release, the pressure relief device shall be returned to a condition indicated by an instrument reading of less than 500 parts per million above background, as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in § 63.171. (2) No later than 5 calendar days after the pressure release and being returned to organic HAP service, the pressure relief device shall be monitored to confirm the condition indicated by an instrument reading of less than 500 parts per million above background, as measured by the method specified in § 63.180(c). (c) Except as specified in paragraph (e) of this section, any pressure relief device that is routed to a process or fuel gas system or equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in § 63.172 is exempt from the requirements of paragraphs (a) and (b) of this section. (d) Except as specified in paragraph (e) of this section, comply with paragraphs (d)(1) and (d)(2) of this section. (1) Any pressure relief device that is equipped with a rupture disk upstream of the pressure relief device is exempt from the requirements of paragraphs (a) and (b) of this section, provided the owner or operator complies with the requirements in paragraph (d)(2) of this section. (2) After each pressure release, a rupture disk shall be installed upstream of the pressure relief device as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in § 63.171. (e) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), except as specified in paragraph (e)(4) of this section, owners and operators must comply with the requirements specified in paragraphs (e)(1) and (2) of this section for pressure relief devices, such as relief valves or rupture disks, in organic HAP gas or vapor service instead of the pressure relief device requirements of paragraph (a) through (d) of this section. Except as specified in paragraphs (e)(4) and (5) of this section, owners and operators must also comply with the requirements specified in paragraphs (e)(3), (6), (7), and (8) of this section for all pressure relief devices in organic HAP service. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as specified in § 63.180(c), no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (ii) If the pressure relief device includes a rupture disk, either comply with the requirements in paragraph (e)(2)(i) of this section (and do not replace the rupture disk) or install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. (iii) If the pressure relief device consists only of a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. Owners and operators must not initiate startup of the equipment served by the rupture disk until the rupture disc is replaced. (3) Pressure release management. (i) Owners and operators must equip each affected pressure relief device with a device(s) or use a monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system must be either specific to the pressure relief device itself or must be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) Owners and operators must apply at least three redundant prevention measures to each affected pressure relief device and document these measures. Examples of prevention measures include: (A) Flow, temperature, liquid level and pressure indicators with deadman switches, monitors, or automatic actuators. Independent, non-duplicative systems within this category count as separate redundant prevention measures. (B) Documented routine inspection and maintenance programs and/or operator training (maintenance programs and operator training may count as only one redundant prevention measure). (C) Inherently safer designs or safety instrumentation systems. (D) Deluge systems. (E) Staged relief system where the initial pressure relief device (with lower set release pressure) discharges to a flare or other closed vent system and control device. (iii) If any affected pressure relief device releases to atmosphere as a result of a pressure release event, owners and operators must perform root cause analysis and corrective action analysis according to the requirement in paragraph (e)(6) of this section and implement corrective actions according to the requirements in paragraph (e)(7) of this section. Owners and operators must also calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.182(d)(2)(xviii). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) Owners and operators must determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. (v) Except for pressure relief devices described in paragraphs (e)(4) and (5) of this section, the following release events from an affected pressure relief device are a violation of the pressure release management work practice standards. (A) Except as specified in paragraph (e)(3)(v)(D) of this section, any release event for which the root cause of the event was determined to be operator error or poor maintenance. (B) Except as specified in paragraph (e)(3)(v)(D) of this section, a second release event from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment. (C) Except as specified in paragraph (e)(3)(v)(D) of this section, a third release event from a single pressure relief device in a 3 calendar year period for any reason. (D) Paragraphs (e)(3)(v)(A) through (e)(3)(v)(C) of this section do not apply to pressure relief devices in ethylene oxide service, as defined in § 63.101; instead, any release event from an affected pressure relief device in ethylene oxide service is a violation of the pressure release management work practice standards. (4) Pressure relief devices routed to a control device, process, fuel gas system, or drain system. (ii) Both the closed vent system and control device (if applicable) referenced in paragraph (e)(4)(i) of this section must meet the applicable requirements specified in § 63.172. (iii) The drain system (if applicable) referenced in paragraph (e)(4)(i) of this section must meet the applicable requirements specified in § 63.136(e). (5) Pressure relief devices exempted from pressure release management requirements. (i) Pressure relief devices in heavy liquid service, as defined in § 63.161. (ii) Thermal expansion relief valves. (iii) Pressure relief devices on mobile equipment. (iv) Pilot-operated pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, to the fuel gas system, or to a drain system. (v) Balanced bellows pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, to the fuel gas system, or to a drain system. (6) Root cause analysis and corrective action analysis. (i) Owners and operators may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices installed on the same equipment to release. (ii) [Reserved] (iii) Except as provided in paragraph (e)(6)(i) of this section, if more than one pressure relief device has a release during the same time period, an initial root cause analysis must be conducted separately for each pressure relief device that had a release. If the initial root cause analysis indicates that the release events have the same root cause(s), the initially separate root cause analyses may be recorded as a single root cause analysis and a single corrective action analysis may be conducted. (7) Corrective action implementation. (i) All corrective action(s) must be implemented within 45 days of the event for which the root cause and corrective action analyses were required or as soon thereafter as practicable. If the owner or operator concludes that no corrective action should be implemented, the owner or operator must record and explain the basis for that conclusion no later than 45 days following the event. (ii) For corrective actions that cannot be fully implemented within 45 days following the event for which the root cause and corrective action analyses were required, owners and operators must develop an implementation schedule to complete the corrective action(s) as soon as practicable. (iii) No later than 45 days following the event for which a root cause and corrective action analyses were required, owners and operators must record the corrective action(s) completed to date, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (8) Flowing pilot-operated pressure relief devices. [89 FR 43221, May 16, 2024] § 63.166 Standards: Sampling connection systems. (a) Each sampling connection system shall be equipped with a closed-purge, closed-loop, or closed-vent system, except as provided in § 63.162(b) of this subpart. Gases displaced during filling of the sample container are not required to be collected or captured. (b) Each closed-purge, closed-loop, or closed-vent system as required in paragraph (a) of this section shall: (1) Return the purged process fluid directly to the process line; or (2) Collect and recycle the purged process fluid to a process; or (3) Be designed and operated to capture and transport the purged process fluid to a control device that complies with the requirements of § 63.172 of this subpart; or (4) Collect, store, and transport the purged process fluid to a system or facility identified in paragraph (b)(4)(i), (ii), or (iii) of this section. (i) A waste management unit as defined in § 63.111 of subpart G of this part, if the waste management unit is subject to, and operated in compliance with the provisions of subpart G of this part applicable to group 1 wastewater streams. If the purged process fluid does not contain any organic HAP listed in Table 9 of subpart G of part 63, the waste management unit need not be subject to, and operated in compliance with the requirements of 40 CFR part 63, subpart G applicable to group 1 wastewater streams provided the facility has an NPDES permit or sends the wastewater to an NPDES permitted facility. (ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR part 262, 264, 265, or 266; or (iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261. (c) In-situ [59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31439, June 20, 1996] § 63.167 Standards: Open-ended valves or lines. (a)(1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve, except as provided in § 63.162(b) of this subpart and paragraphs (d) and (e) of this section. (2) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring process fluid flow through the open-ended valve or line, or during maintenance or repair. (b) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (c) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (a) of this section at all other times. (d) Open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset are exempt from the requirements of paragraphs (a), (b) and (c) of this section. (e) Open-ended valves or lines containing materials which would autocatalytically polymerize or, would present an explosion, serious overpressure, or other safety hazard if capped or equipped with a double block and bleed system as specified in paragraphs (a) through (c) of this section are exempt from the requirements of paragraph (a) through (c) of this section. [59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996] § 63.168 Standards: Valves in gas/vapor service and in light liquid service. (a) The provisions of this section apply to valves that are either in gas service or in light liquid service. (1) The provisions are to be implemented on the dates set forth in the specific subpart in 40 CFR part 63 that references this subpart as specified in paragraph (a)(1)(i), (a)(1)(ii), or (a)(1)(iii) of this section. (i) For each group of existing process units at existing sources subject to the provisions of subpart F or I of this part, the phases of the standard are: (A) Phase I, beginning on the compliance date; (B) Phase II, beginning no later than 1 year after the compliance date; and (C) Phase III, beginning no later than 2 1/2 (ii) For new sources subject to the provisions of subpart F or I of this part, the applicable phases of the standard are: (A) After initial start-up, comply with the Phase II requirements; and (B) Beginning no later than 1 year after initial start-up, comply with the Phase III requirements. (iii) Sources subject to other subparts in 40 CFR part 63 that reference this subpart shall comply on the dates specified in the applicable subpart. (2) The owner or operator of a source subject to this subpart may elect to meet the requirements of a later phase during the time period specified for an earlier phase. (3) The use of monitoring data generated before April 22, 1994 to qualify for less frequent monitoring is governed by the provisions of § 63.180(b)(6) of this subpart. (b) The owner or operator of a source subject to this subpart shall monitor all valves, except as provided in § 63.162(b) of this subpart and paragraphs (h) and (i) of this section, at the intervals specified in paragraphs (c) and (d) of this section and shall comply with all other provisions of this section, except as provided in § 63.171, § 63.177, § 63.178, and § 63.179 of this subpart. (1) The valves shall be monitored to detect leaks by the method specified in § 63.180(b) of this subpart. (2) Except as specified in paragraph (b)(2)(iv) of this section, the instrument reading that defines a leak in each phase of the standard is: (i) For Phase I, an instrument reading of 10,000 parts per million or greater. (ii) For Phase II, an instrument reading of 500 parts per million or greater. (iii) For Phase III, an instrument reading of 500 parts per million or greater. (iv) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for valves in ethylene oxide service, as defined in § 63.101, that are either in gas service or in light liquid service the instrument reading that defines a leak is 100 parts per million or greater. (c) In Phases I and II, each valve shall be monitored quarterly. (d) Except as specified in paragraph (d)(5) of this section, in Phase III, the owner or (1) At process units with 2 percent or greater leaking valves, calculated according to paragraph (e) of this section, the owner or operator shall either: (i) Monitor each valve once per month; or (ii) Within the first year after the onset of Phase III, implement a quality improvement program for valves that complies with the requirements of § 63.175 (d) or (e) of this subpart and monitor quarterly. (2) At process units with less than 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter, except as provided in paragraphs (d)(3) and (d)(4) of this section. (3) At process units with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 quarters. (4) At process units with less than 0.5 percent leaking valves, the owner or operator may elect to monitor each valve once every 4 quarters. (5) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for valves in ethylene oxide service, as defined in § 63.101, that are either in gas service or in light liquid service the monitoring period is once per month. (e)(1) Percent leaking valves at a process unit shall be determined by the following equation: %V L L T C where: %V L V L V T V C C (2) For use in determining monitoring frequency, as specified in paragraph (d) of this section, the percent leaking valves shall be calculated as a rolling average of two consecutive monitoring periods for monthly, quarterly, or semiannual monitoring programs; and as an average of any three out of four consecutive monitoring periods for annual monitoring programs. (3)(i) Nonrepairable valves shall be included in the calculation of percent leaking valves the first time the valve is identified as leaking and nonrepairable and as required to comply with paragraph (e)(3)(ii) of this section. Otherwise, a number of nonrepairable valves (identified and included in the percent leaking calculation in a previous period) up to a maximum of 1 percent of the total number of valves in organic HAP service at a process unit may be excluded from calculation of percent leaking valves for subsequent monitoring periods. (ii) If the number of nonrepairable valves exceeds 1 percent of the total number of valves in organic HAP service at a process unit, the number of nonrepairable valves exceeding 1 percent of the total number of valves in organic HAP service shall be included in the calculation of percent leaking valves. (f)(1) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in § 63.171 of this subpart. (2) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (3) When a leak has been repaired, the valve shall be monitored at least once within the first 3 months after its repair. (i) The monitoring shall be conducted as specified in § 63.180 (b) and (c), as appropriate, to determine whether the valve has resumed leaking. (ii) Periodic monitoring required by paragraphs (b) through (d) of this section may be used to satisfy the requirements of this paragraph (f)(3), if the timing of the monitoring period coincides with the time specified in this paragraph (f)(3). Alternatively, other monitoring may be performed to satisfy the requirements of this paragraph (f)(3), regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in this paragraph (f)(3). (iii) If a leak is detected by monitoring that is conducted pursuant to paragraph (f)(3) of this section, the owner or operator shall follow the provisions of paragraphs (f)(3)(iii)(A) and (f)(3)(iii)(B) of this section, to determine whether that valve must be counted as a leaking valve for purposes of § 63.168(e) of this subpart. (A) If the owner or operator elected to use periodic monitoring required by paragraphs (b) through (d) of this section to satisfy the requirements of paragraph (f)(3) of this section, then the valve shall be counted as a leaking valve. (B) If the owner or operator elected to use other monitoring, prior to the periodic monitoring required by paragraphs (b) through (d) of this section, to satisfy the requirements of paragraph (f)(3) of this section, then the valve shall be counted as a leaking valve unless it is repaired and shown by periodic monitoring not to be leaking. (g) First attempts at repair include, but are not limited to, the following practices where practicable: (1) Tightening of bonnet bolts, (2) Replacement of bonnet bolts, (3) Tightening of packing gland nuts, and (4) Injection of lubricant into lubricated packing. (h) Any valve that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor valve is exempt from the requirements of paragraphs (b) through (f) of this section if: (1) The owner or operator of the valve determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (b) through (d) of this section; and (2) The owner or operator of the valve has a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable. (i) Any valve that is designated, as described in § 63.181(b)(7)(ii) of this subpart, as a difficult-to-monitor valve is exempt from the requirements of paragraphs (b) through (d) of this section if: (1) The owner or operator of the valve determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface or it is not accessible at anytime in a safe manner; (2) The process unit within which the valve is located is an existing source or the owner or operator designates less than 3 percent of the total number of valves in a new source as difficult-to-monitor; and (3) The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year. (j) Any equipment located at a plant site with fewer than 250 valves in organic HAP service is exempt from the requirements for monthly monitoring and a quality improvement program specified in paragraph (d)(1) of this section. Instead, the owner or operator shall monitor each valve in organic HAP service for leaks once each quarter, or comply with paragraph (d)(3) or (d)(4) of this section except as provided in paragraphs (h) and (i) of this section. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997; 89 FR 43223, May 16, 2024] § 63.169 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service. (a) Pumps, valves, connectors, and agitators in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and instrumentation systems shall be monitored within 5 calendar days by the method specified in § 63.180(b) of this subpart if evidence of a potential leak to the atmosphere is found by visual, audible, olfactory, or any other detection method. If such a potential leak is repaired as required in paragraphs (c) and (d) of this section, it is not necessary to monitor the system for leaks by the method specified in § 63.180(b) of this subpart. (b) If an instrument reading of 10,000 parts per million or greater for agitators, 5,000 parts per million or greater for pumps handling polymerizing monomers, 2,000 parts per million or greater for all other pumps (including pumps in food/medical service), or 500 parts per million or greater for valves, connectors, instrumentation systems, and pressure relief devices is measured, a leak is detected. (c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart. (2) The first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (3) For equipment identified in paragraph (a) of this section that is not monitored by the method specified in § 63.180(b), repaired shall mean that the visual, audible, olfactory, or other indications of a leak to the atmosphere have been eliminated; that no bubbles are observed at potential leak sites during a leak check using soap solution; or that the system will hold a test pressure. (d) First attempts at repair include, but are not limited to, the practices described under §§ 63.163(c)(2) and 63.168(g) of this subpart, for pumps and valves, respectively. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 60 FR 18029, Apr. 10, 1995; 62 FR 2790, Jan. 17, 1997; 65 FR 78285, Dec. 14, 2000] § 63.170 Standards: Surge control vessels and bottoms receivers. (a) Except as specified in paragraph (b) of this section, each surge control vessel or bottoms receiver that is not routed back to the process and that meets the conditions specified in table 2 or table 3 of this subpart shall be equipped with a closed-vent system that routes the organic vapors vented from the surge control vessel or bottoms receiver back to the process or to a control device that complies with the requirements in § 63.172, except as provided in § 63.162(b), or comply with the requirements of § 63.119(b) or (c). (b) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), paragraph (a) of this section no longer applies. Instead, each surge control vessel and bottoms receiver that is not routed back to the process and emits greater than or equal to 1.0 lb/hr of total organic HAP must be equipped with a closed-vent system that routes the organic vapors vented from the surge control vessel or bottoms receiver back to the process or to a control device that complies with the requirements in § 63.172, except as provided in § 63.162(b), or comply with the requirements of § 63.113(a)(1) or (a)(2). [89 FR 43224, May 16, 2024] § 63.171 Standards: Delay of repair. (a) Except as specified in paragraph (f) of this section, delay of repair of equipment for which leaks have been detected is allowed if repair within 15 days is technically infeasible without a process unit shutdown. Repair of this equipment shall occur by the end of the next process unit shutdown. (b) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in organic HAP service. (c) Except as specified in paragraph (f) of this section, delay of repair for valves, connectors, and agitators is also allowed if: (1) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and (2) When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with § 63.172 of this subpart. (d) Except as specified in paragraph (f) of this section, delay of repair for pumps is also allowed if: (1) Repair requires replacing the existing seal design with a new system that the owner or operator has determined under the provisions of § 63.176(d) of this subpart will provide better performance or: (i) A dual mechanical seal system that meets the requirements of § 63.163(e) of this subpart, (ii) A pump that meets the requirements of § 63.163(f) of this subpart, or (iii) A closed-vent system and control device that meets the requirements of § 63.163(g) of this subpart; and (2) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected. (e) Except as specified in paragraph (f) of this section, delay of repair beyond a process unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit shutdown will not be allowed unless the third process unit shutdown occurs sooner than 6 months after the first process unit shutdown. (f) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), delay of repair is not allowed for light liquid pumps in ethylene oxide service, gas/vapor and light liquid valves in ethylene oxide service, and connectors in ethylene oxide service. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 65 FR 78285, Dec. 14, 2000; 89 FR 43224, May 16, 2024] § 63.172 Standards: Closed-vent systems and control devices. (a) Owners or operators of closed-vent systems and control devices used to comply with provisions of this subpart shall comply with the provisions of this section, except as provided in § 63.162(b) of this subpart. (b) Recovery or recapture devices ( e.g., (c) Enclosed combustion devices shall be designed and operated to reduce the organic hazardous air pollutant emissions or volatile organic compounds emissions vented to them with an efficiency of 95 percent or greater, or to an exit concentration of 20 parts per million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less stringent, or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 °C. (d) Except as specified in paragraph (a) of § 63.108, flares used to comply with this subpart shall comply with the requirements of § 63.11(b). (e) Owners or operators of control devices that are used to comply with the provisions of this subpart shall monitor these control devices to ensure that they are operated and maintained in conformance with their design. Note: The intent of this provision is to ensure proper operation and maintenance of the control device. (f) Except as provided in paragraphs (k) and (l) of this section, each closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (f)(1) and (f)(2) of this section. (1) If the closed-vent system is constructed of hard-piping, the owner or operator shall: (i) Conduct an initial inspection according to the procedures in paragraph (g) of this section, and (ii) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (2) If the vapor collection system or closed-vent system is constructed of duct work, the owner or operator shall: (i) Conduct an initial inspection according to the procedures in paragraph (g) of this section, and (ii) Conduct annual inspections according to the procedures in paragraph (g) of this section. (g) Each closed-vent system shall be inspected according to the procedures in § 63.180(b) of this subpart. (h) Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (i) of this section. (1) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (2) Repair shall be completed no later than 15 calendar days after the leak is detected, except as provided in paragraph (i) of this section. (i) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next process unit shutdown. (j) For each closed-vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall comply with the provisions of either paragraphs (j)(1) or (j)(2), and (j)(4) of this section, except as provided in paragraph (j)(3) of this section. (1) Install, set or adjust, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3) of subpart G of this part. The flow indicator shall be installed at the entrance to any bypass line; or (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass line. (3) Except as specified in paragraph (j)(4) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph. (4) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10): (i) The use of a bypass line at any time on a closed vent system (used to comply with the provisions of this subpart) to divert emissions to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) Paragraph (j)(3) of this section does not apply. Instead, the exemptions specified in paragraph (j)(4)(ii)(A) and (j)(4)(ii)(B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4), equipment such as low leg drains and equipment subject to the requirements specified in subpart H of this part are not subject to this paragraph (j) of this section. (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (j) of this section. (k) Any parts of the closed-vent system that are designated, as described in paragraph 63.181(b)(7)(i), as unsafe to inspect are exempt from the inspection requirements of paragraphs (f)(1) and (f)(2) of this section if: (1) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (f)(1) or (f)(2) of this section; and (2) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times, but not more frequently than annually. (l) Any parts of the closed-vent system that are designated, as described in § 63.181 (b)(7)(i) of this subpart, as difficult to inspect are exempt from the inspection requirements of paragraphs (f)(1) and (f)(2) of this section if: (1) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (2) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (m) Whenever organic HAP emissions are vented to a closed-vent system or control device used to comply with the provisions of this subpart, such system or control device shall be operating. (n) After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any control device subject to this subpart that is also subject to monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subpart BB, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subpart BB, may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart, or with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, as described in this paragraph, which shall constitute compliance with the monitoring, recordkeeping and reporting requirements of this subpart. The owner or operator shall identify which option has been chosen, in the next periodic report required by § 63.182(d). [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997; 89 FR 43224, May 16, 2024] § 63.173 Standards: Agitators in gas/vapor service and in light liquid service. (a)(1) Each agitator shall be monitored monthly to detect leaks by the methods specified in § 63.180(b) of this subpart, except as provided in § 63.162(b) of this subpart. (2) If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected. (b)(1) Each agitator shall be checked by visual inspection each calendar week for indications of liquids dripping from the agitator. (2) If there are indications of liquids dripping from the agitator, a leak is detected. (c)(1) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart. (2) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (d) Each agitator equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (a) of this section, provided the requirements specified in paragraphs (d)(1) through (d)(6) of this section are met: (1) Each dual mechanical seal system is: (i) Operated with the barrier fluid at a pressure that is at all times greater than the agitator stuffing box pressure; or (ii) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or (iii) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (2) The barrier fluid is not in light liquid organic HAP service. (3) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (4) Each agitator is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. (i) If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the agitator shall be monitored as specified in § 63.180(b) of this subpart to determine the presence of organic HAP in the barrier fluid. (ii) If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected. (5) Each sensor as described in paragraph (d)(3) of this section is observed daily or is equipped with an alarm unless the agitator is located within the boundary of an unmanned plant site. (6)(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. (ii) If indications of liquids dripping from the agitator seal exceed the criteria established in paragraph (d)(6)(i) of this section, or if, based on the criteria established in paragraph (d)(6)(i) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (iii) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart. (iv) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (e) Any agitator that is designed with no externally actuated shaft penetrating the agitator housing is exempt from paragraphs (a) through (c) of this section. (f) Any agitator if it is equipped with a system to capture and transport leakage from the agitator to a process or a fuel gas system or to a closed vent system that captures and transports leakage from the agitator to a control device meeting the requirements of § 63.172 is exempt from the requirements of paragraphs (a) through (c) of the section. (g) Any agitator that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(1) and (d)(4) of this section, and the daily requirements of paragraph (d)(5) of this section, provided that each agitator is visually inspected as often as practical and at least monthly. (h) Any agitator that is difficult-to-monitor is exempt from the requirements of paragraphs (a) through (d) of this section if: (1) The owner or operator determines that the agitator cannot be monitored without elevating the monitoring personnel more than two meters above a support surface or it is not accessible at anytime in a safe manner; (2) The process unit within which the agitator is located is an existing source or the owner or operator designates less than three percent of the total number of agitators in a new source as difficult-to-monitor; and (3) The owner or operator follows a written plan that requires monitoring of the agitator at least once per calendar year. (i) Any agitator that is obstructed by equipment or piping that prevents access to the agitator by a monitor probe is exempt from the monitoring requirements of paragraphs (a) through (d) of this section. (j) Any agitator that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor agitator is exempt from the requirements of paragraphs (a) through (d) of this section if: (1) The owner or operator of the agitator determines that the agitator is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (a) through (d) of this section; and (2) The owner or operator of the agitator has a written plan that requires monitoring of the agitator as frequently as practical during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable. [59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 89 FR 43224, May 16, 2024] § 63.174 Standards: Connectors in gas/vapor service and in light liquid service. (a) The owner or operator of a process unit subject to this subpart shall monitor all connectors in gas/vapor and light liquid service, except as provided in § 63.162(b) of this subpart, and in paragraphs (f) through (h) of this section, at the intervals specified in paragraph (b) of this section. (1) The connectors shall be monitored to detect leaks by the method specified in § 63.180(b) of this subpart. (2) Except as specified in paragraph (a)(3) of this section, if an instrument reading greater than or equal to 500 parts per million is measured, a leak is detected. (3) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, the instrument reading that defines a leak for connectors is 100 parts per million or greater. (b) The owner or operator shall monitor for leaks at the intervals specified in either paragraph (b)(1) or (b)(2) of this section and in paragraphs (b)(3) through (b)(5) of this section. (1) For each group of existing process units within an existing source, by no later than 12 months after the compliance date, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section. (2) For new sources, within the first 12 months after initial start-up or by no later than 12 months after the date of promulgation of a specific subpart that references this subpart, whichever is later, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section. (3) After conducting the initial survey required in paragraph (b)(1) or (b)(2) of this section, the owner or operator shall perform all subsequent monitoring of connectors at the frequencies specified in paragraphs (b)(3)(i) through (b)(3)(v) of this section, except as provided in paragraphs (b)(3)(vi) and (c)(2) of this section: (i) Once per year (i.e., 12-month period), if the percent leaking connectors in the process unit was 0.5 percent or greater during the last required annual or biennial monitoring period. (ii) Once every 2 years, if the percent leaking connectors was less than 0.5 percent during the last required monitoring period. An owner or operator may comply with this paragraph by monitoring at least 40 percent of the connectors in the first year and the remainder of the connectors in the second year. The percent leaking connectors will be calculated for the total of all monitoring performed during the 2-year period. (iii) If the owner or operator of a process unit in a biennial leak detection and repair program calculates less than 0.5 percent leaking connectors from the 2-year monitoring period, the owner or operator may monitor the connectors one time every 4 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 20 percent of the connectors each year until all connectors have been monitored within 4 years. (iv) If a process unit complying with the requirements of paragraph (b) of this section using a 4-year monitoring interval program has greater than or equal to 0.5 percent but less than 1 percent leaking connectors, the owner or operator shall increase the monitoring frequency to one time every 2 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 40 percent of the connectors in the first year and the remainder of the connectors in the second year. The owner or operator may again elect to use the provisions of paragraph (b)(3)(iii) of this section when the percent leaking connectors decreases to less than 0.5 percent. (v) If a process unit complying with requirements of paragraph (b)(3)(iii) of this section using a 4-year monitoring interval program has 1 percent or greater leaking connectors, the owner or operator shall increase the monitoring frequency to one time per year. The owner or operator may again elect to use the provisions of paragraph (b)(3)(iii) of this section when the percent leaking connectors decreases to less than 0.5 percent. (vi) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, the monitoring period is once every month and paragraph (c)(2) of this section is not applicable. (4) The use of monitoring data generated before April 22, 1994 to qualify for less frequent monitoring is governed by the provisions of § 63.180(b)(6). (5) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for each connector in ethylene oxide service, as defined in § 63.101, that is added to a CMPU, and for each connector in ethylene oxide service that replaces a connector in ethylene oxide service, owners and operators must initially monitor for leaks within 5 days after initial startup of the equipment. (c)(1)(i) Except as provided in paragraph (c)(1)(ii) of this section, each connector that has been opened or has otherwise had the seal broken shall be monitored for leaks when it is reconnected or within the first 3 months after being returned to organic hazardous air pollutants service. If the monitoring detects a leak, it shall be repaired according to the provisions of paragraph (d) of this section, unless it is determined to be nonrepairable, in which case it is counted as a nonrepairable connector for the purposes of paragraph (i)(2) of this section. (ii) As an alternative to the requirements in paragraph (c)(1)(i) of this section, an owner or operator may choose not to monitor connectors that have been opened or otherwise had the seal broken. In this case, the owner or operator may not count nonrepairable connectors for the purposes of paragraph (i)(2) of this section. The owner or operator shall calculate the percent leaking connectors for the monitoring periods described in paragraph (b) of this section, by setting the nonrepairable component, C AN (iii) An owner or operator may switch alternatives described in paragraphs (c)(1) (i) and (ii) of this section at the end of the current monitoring period he is in, provided that it is reported as required in § 63.182 of this subpart and begin the new alternative in annual monitoring. The initial monitoring in the new alternative shall be completed no later than 12 months after reporting the switch. (2) As an alternative to the requirements of paragraph (b)(3) of this section, each screwed connector 2 inches or less in nominal inside diameter installed in a process unit before the dates specified in paragraph (c)(2)(iii) or (c)(2)(iv) of this section may: (i) Comply with the requirements of § 63.169 of this subpart, and (ii) Be monitored for leaks within the first 3 months after being returned to organic hazardous air pollutants service after having been opened or otherwise had the seal broken. If that monitoring detects a leak, it shall be repaired according to the provisions of paragraph (d) of this section. (iii) For sources subject to subparts F and I of this part, the provisions of paragraph (c)(2) of this section apply to screwed connectors installed before December 31, 1992. (iv) For sources not identified in paragraph (c)(2)(iii) of this section, the provisions of paragraph (c)(2) of this section apply to screwed connectors installed before the date of proposal of the applicable subpart of this part that references this subpart. (d) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (g) of this section and in § 63.171 of this subpart. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (e) [Reserved] (f) Any connector that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor connector is exempt from the requirements of paragraph (a) of this section if: (1) The owner or operator determines that the connector is unsafe to monitor because personnel would be exposed to an immediate danger as a result of complying with paragraphs (a) through (e) of this section; and (2) The owner or operator has a written plan that requires monitoring of the connector as frequently as practicable during safe to monitor periods, but not more frequently than the periodic schedule otherwise applicable. (g) Except as specified in paragraph (g)(3) of this section, any connector that is designated, as described in § 63.181(b)(7)(iii), as an unsafe-to-repair connector is exempt from the requirements of paragraphs (a), (d), and (e) of this section if: (1) The owner or operator determines that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraph (d) of this section; and (2) The connector will be repaired before the end of the next scheduled process unit shutdown. (3) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, paragraph (g) of this section is no longer applicable. (h)(1) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined), is exempt from the monitoring requirements of paragraphs (a) and (c) of this section and from the recordkeeping and reporting requirements of § 63.181 and § 63.182 of this subpart. An inaccessible connector is one that is: (i) Buried; (ii) Insulated in a manner that prevents access to the connector by a monitor probe; (iii) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold which would allow access to connectors up to 7.6 meters (25 feet) above the ground; (v) Inaccessible because it would require elevating the monitoring personnel more than 2 meters above a permanent support surface or would require the erection of scaffold; or (vi) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment. (2) If any inaccessible or ceramic or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the leak shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in § 63.171 of this subpart and paragraph (g) of this section. (3) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (i) For use in determining the monitoring frequency, as specified in paragraph (b) of this section, the percent leaking connectors shall be calculated as specified in paragraphs (i)(1) and (i)(2) of this section. (1) For the first monitoring period, use the following equation: % C L L t C where: % C L C L C t C C C (2) For subsequent monitoring periods, use the following equation: % C L L AN t C where: % C L C L C AN t C t C C C (j) Optional credit for removed connectors. If an owner or operator eliminates a connector subject to monitoring under paragraph (b) of this section, the owner or operator may receive credit for elimination of the connector, as described in paragraph (i) of this section, provided the requirements in paragraphs (j)(1) through (j)(4) are met. (1) The connector was welded after the date of proposal of the specific subpart that references this subpart. (2) The integrity of the weld is demonstrated by monitoring it according to the procedures in § 63.180(b) of this subpart or by testing using X-ray, acoustic monitoring, hydrotesting, or other applicable method. (3) Welds created after the date of proposal but before the date of promulgation of a specific subpart that references this subpart are monitored or tested by 3 months after the compliance date specified in the applicable subpart. (4) Welds created after promulgation of the subpart that references this subpart are monitored or tested within 3 months after being welded. (5) If an inadequate weld is found or the connector is not welded completely around the circumference, the connector is not considered a welded connector and is therefore not exempt from the provisions of this subpart. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 89 FR 43224, May 16, 2024] § 63.175 Quality improvement program for valves. (a) In Phase III, an owner or operator may elect to comply with one of the alternative quality improvement programs specified in paragraphs (d) and (e) of this section. The decision to use one of these alternative provisions to comply with the requirements of § 63.168(d)(1)(ii) of this subpart must be made during the first year of Phase III for existing process units and for new process units. (b) An owner or operator of a process unit subject to the requirements of paragraph (d) or (e) of this section shall comply with those requirements until the process unit has fewer than 2 percent leaking valves, calculated as a rolling average of 2 consecutive quarters, as specified in § 63.168(e) of this subpart. (c) After the process unit has fewer than 2 percent leaking valves, the owner or operator may elect to comply with the requirements in § 63.168 of this subpart, to continue to comply with the requirements in paragraph (e) (or (d), if appropriate) of this section, or comply with both the requirements in § 63.168 and § 63.175. (1) If the owner or operator elects to continue the quality improvement program, the owner or operator is exempt from the requirements for performance trials as specified in paragraph (e)(6) of this section, or further progress as specified in paragraph (d)(4) of this section, as long as the process unit has fewer than 2 percent leaking valves calculated according to § 63.168(e). (2) If the owner or operator elects to comply with both paragraph (e) of this section and § 63.168 of this subpart, he may also take advantage of the lower monitoring frequencies associated with lower leak rates in § 63.168 (d)(2), (d)(3), and (d)(4) of this subpart. (3) If the owner or operator elects not to continue the quality improvement program, the program is no longer an option if the process unit again exceeds 2 percent leaking valves, and in such case, monthly monitoring will be required. (d) The following requirements shall be met if an owner or operator elects to use a quality improvement program to demonstrate further progress: (1) The owner or operator shall continue to comply with the requirements in § 63.168 of this subpart except each valve shall be monitored quarterly. (2) The owner or operator shall collect the following data, and maintain records as required in § 63.181(h)(1) of this subpart, for each valve in each process unit subject to the quality improvement program: (i) The maximum instrument reading observed in each monitoring observation before repair, the response factor for the stream if appropriate, the instrument model number, and date of the observation. (ii) Whether the valve is in gas or light liquid service. (iii) If a leak is detected, the repair methods used and the instrument readings after repair. (3) The owner or operator shall continue to collect data on the valves as long as the process unit remains in the quality improvement program. (4) The owner or operator must demonstrate progress in reducing the percent leaking valves each quarter the process unit is subject to the requirements of paragraph (d) of this section, except as provided in paragraphs (d)(4)(ii) and (d)(4)(iii) of this section. (i) Demonstration of progress shall mean that for each quarter there is at least a 10-percent reduction in the percent leaking valves from the percent leaking valves determined for the preceding monitoring period. The percent leaking valves shall be calculated as a rolling average of two consecutive quarters of monitoring data. The percent reduction shall be calculated using the rolling average percent leaking valves, according to the following: %LV R AVG1 AVG2 AVG1 where: %LV R %LV AVG1 Li Li = 1 %LV AVG2 Li = 1 Li = 2 where: %V Li Li = 1 Li = 2 (ii) An owner or operator who fails for two consecutive rolling averages to demonstrate at least a 10-percent reduction per quarter in percent leaking valves, and whose overall average percent reduction based on two or more rolling averages is less than 10 percent per quarter, shall either comply with the requirements in § 63.168(d)(1)(i) of this subpart using monthly monitoring or shall comply using a quality improvement program for technology review as specified in paragraph (e) of this section. If the owner or operator elects to comply with the requirements of paragraph (e) of this section, the schedule for performance trials and valve replacements remains as specified in paragraph (e) of this section. (iii) As an alternative to the provisions in paragraph (d)(4)(i), an owner or operator may use the procedure specified in paragraphs (d)(4)(iii)(A) and (d)(4)(iii)(B) of this section to demonstrate progress in reducing the percent leaking valves. (A) The percent reduction that must be achieved each quarter shall be calculated as follows: %RR = percent reduction required each quarter, as calculated according to § 63.168(e) %V L (B) The owner or operator shall achieve less than 2 percent leaking valves no later than 2 years after electing to use the demonstration of progress provisions in § 63.175(d) of this subpart. (e) The following requirements shall be met if an owner or operator elects to use a quality improvement program of technology review and improvement: (1) The owner or operator shall comply with the requirements in § 63.168 of this subpart except the requirement for monthly monitoring in § 63.168(d)(1)(i) of this subpart does not apply. (2) The owner or operator shall collect the data specified below, and maintain records as required in § 63.181(h)(2), for each valve in each process unit subject to the quality improvement program. The data may be collected and the records may be maintained on a process unit or group of process units basis. The data shall include the following: (i) Valve type (e.g., ball, gate, check); valve manufacturer; valve design (e.g., external stem or actuating mechanism, flanged body); materials of construction; packing material; and year installed. (ii) Service characteristics of the stream such as operating pressure, temperature, line diameter, and corrosivity. (iii) Whether the valve is in gas or light liquid service. (iv) The maximum instrument readings observed in each monitoring observation before repair, response factor for the stream if adjusted, instrument model number, and date of the observation. (v) If a leak is detected, the repair methods used and the instrument readings after repair. (vi) If the data will be analyzed as part of a larger analysis program involving data from other plants or other types of process units, a description of any maintenance or quality assurance programs used in the process unit that are intended to improve emission performance. (3) The owner or operator shall continue to collect data on the valves as long as the process unit remains in the quality improvement program. (4) The owner or operator shall inspect all valves removed from the process unit due to leaks. The inspection shall determine which parts of the valve have failed and shall include recommendations, as appropriate, for design changes or changes in specifications to reduce leak potential. (5)(i) The owner or operator shall analyze the data collected to comply with the requirements of paragraph (e)(2) of this section to determine the services, operating or maintenance practices, and valve designs or technologies that have poorer than average emission performance and those that have better than average emission performance. The analysis shall determine if specific trouble areas can be identified on the basis of service, operating conditions or maintenance practices, equipment design, or other process specific factors. (ii) The analysis shall also be used to identify any superior performing valve technologies that are applicable to the service(s), operating conditions, or valve designs associated with poorer than average emission performance. A superior performing valve technology is one for which a group of such valves has a leak frequency of less than 2 percent for specific applications in such a process unit. A candidate superior performing valve technology is one demonstrated or reported in the available literature or through a group study as having low emission performance and as being capable of achieving less than 2 percent leaking valves in the process unit. (iii) The analysis shall include consideration of: (A) The data obtained from the inspections of valves removed from the process unit due to leaks, (B) Information from the available literature and from the experience of other plant sites that will identify valve designs or technologies and operating conditions associated with low emission performance for specific services, and (C) Information on limitations on the service conditions for the valve design and operating conditions as well as information on maintenance procedures to ensure continued low emission performance. (iv) The data analysis may be conducted through an inter- or intra-company program (or through some combination of the two approaches) and may be for a single process unit, a company, or a group of process units. (v) The first analysis of the data shall be completed no later than 18 months after the start of Phase III. The first analysis shall be performed using a minimum of two quarters of data. An analysis of the data shall be done each year the process unit is in the quality improvement program. (6) A trial evaluation program shall be conducted at each plant site for which the data analysis does not identify superior performing valve designs or technologies that can be applied to the operating conditions and services identified as having poorer than average performance, except as provided in paragraph (e)(6)(v) of this section. The trial program shall be used to evaluate the feasibility of using in the process unit the valve designs or technologies that have been identified by others as having low emission performance. (i) The trial program shall include on-line trials of valves or operating and maintenance practices that have been identified in the available literature or in analysis by others as having the ability to perform with leak rates below 2 percent in similar services, as having low probability of failure, or as having no external actuating mechanism in contact with the process fluid. If any of the candidate superior performing valve technologies is not included in the performance trials, the reasons for rejecting specific technologies from consideration shall be documented as required in § 63.181(h)(5)(ii) of this subpart. (ii) The number of valves in the trial evaluation program shall be the lesser of 1 percent or 20 valves for programs involving single process units and the lesser of 1 percent or 50 valves for programs involving groups of process units. (iii) The trial evaluation program shall specify and include documentation of: (A) The candidate superior performing valve designs or technologies to be evaluated, the stages for evaluating the identified candidate valve designs or technologies, including the estimated time period necessary to test the applicability; (B) The frequency of monitoring or inspection of the equipment; (C) The range of operating conditions over which the component will be evaluated; and (D) Conclusions regarding the emission performance and the appropriate operating conditions and services for the trial valves. (iv) The performance trials shall initially be conducted for, at least, a 6-month period beginning not later than 18 months after the start of Phase III. Not later than 24 months after the start of Phase III, the owner or operator shall have identified valve designs or technologies that, combined with appropriate process, operating, and maintenance practices, operate with low emission performance for specific applications in the process unit. The owner or operator shall continue to conduct performance trials as long as no superior performing design or technology has been identified, except as provided in paragraph (e)(6)(vi) of this section. The compilation of candidate and demonstrated superior emission performance valve designs or technologies shall be amended in the future, as appropriate, as additional information and experience is obtained. (v) Any plant site with fewer than 400 valves and owned by a corporation with fewer than 100 total employees shall be exempt from trial evaluations of valves. Plant sites exempt from the trial evaluations of valves shall begin the program at the start of the fourth year of Phase III. (vi) An owner or operator who has conducted performance trials on all candidate superior emission performance technologies suitable for the required applications in the process unit may stop conducting performance trials provided that a superior performing design or technology has been demonstrated or there are no technically feasible candidate superior technologies remaining. The owner or operator shall prepare an engineering evaluation documenting the physical, chemical, or engineering basis for the judgment that the superior emission performance technology is technically infeasible or demonstrating that it would not reduce emissions. (7) Each owner or operator who elects to use a quality improvement program for technology review and improvement shall prepare and implement a valve quality assurance program that details purchasing specifications and maintenance procedures for all valves in the process unit. The quality assurance program may establish any number of categories, or classes, of valves as needed to distinguish among operating conditions and services associated with poorer than average emission performance as well as those associated with better than average emission performance. The quality assurance program shall be developed considering the findings of the data analysis required under paragraph (e)(5) of this section, if applicable, the findings of the trial evaluation required in paragraph (e)(6) of this section, and the operating conditions in the process unit. The quality assurance program shall be reviewed and, as appropriate, updated each year as long as the process unit has 2 percent or more leaking valves. (i) The quality assurance program shall: (A) Establish minimum design standards for each category of valves. The design standards shall specify known critical parameters such as tolerance, manufacturer, materials of construction, previous usage, or other applicable identified critical parameters; (B) Require that all equipment orders specify the design standard (or minimum tolerances) for the valve; (C) Include a written procedure for bench testing of valves that specifies performance criteria for acceptance of valves and specifies criteria for the precision and accuracy of the test apparatus. All valves repaired off-line after preparation of the quality assurance plan shall be bench-tested for leaks. This testing may be conducted by the owner or operator of the process unit, by the vendor, or by a designated representative. The owner or operator shall install only those valves that have been documented through bench-testing to be nonleaking. (D) Require that all valves repaired on-line be monitored using the method specified in § 63.180(b) of this subpart for leaks for 2 successive months, after repair. (E) Provide for an audit procedure for quality control of purchased equipment to ensure conformance with purchase specifications. The audit program may be conducted by the owner or operator of the process unit or by a designated representative. (F) Detail off-line valve maintenance and repair procedures. These procedures shall include provisions to ensure that rebuilt or refurbished valves will meet the design specifications for the valve type and will operate such that emissions are minimized. (ii) The quality assurance program shall be established no later than the start of the third year of Phase III for plant sites with 400 or more valves or owned by a corporation with 100 or more employees; and no later than the start of the fourth year of Phase III for plant sites with less than 400 valves and owned by a corporation with less than 100 employees. (8) Beginning at the start of the third year of Phase III for plant sites with 400 or more valves or owned by a corporation with 100 or more employees and at the start of the fourth year of Phase III for plant sites with less than 400 valves and owned by a corporation with less than 100 employees, each valve that is replaced for any reason shall be replaced with a new or modified valve that complies with the quality assurance standards for the valve category and that is identified as superior emission performance technology. Superior emission performance technology means valves or valve technologies identified with emission performance that, combined with appropriate process, operating, and maintenance practices, will result in less than 2 percent leaking valves for specific applications in a large population, except as provided in paragraph (e)(8)(ii) of this section. (i) The valves shall be maintained as specified in the quality assurance program. (ii) If a superior emission performance technology cannot be identified, then valve replacement shall be with one of (if several) the lowest emission performance technologies that has been identified for the specific application. [59 FR 19568, Apr. 22, 1994, as amended at 60 FR 63631, Dec. 12, 1995] § 63.176 Quality improvement program for pumps. (a) In Phase III, if, on a 6-month rolling average, the greater of either 10 percent of the pumps in a process unit (or plant site) or three pumps in a process unit (or plant site) leak, the owner or operator shall comply with the requirements of this section as specified below: (1) Pumps that are in food/medical service or in polymerizing monomer service shall comply with all requirements except for those specified in paragraph (d)(8) of this section. (2) Pumps that are not in food/medical or polymerizing monomer service shall comply with all requirements of this section. (b) The owner or operator shall comply with the requirements of this section until the number of leaking pumps is less than the greater of either 10 percent of the pumps or three pumps, calculated as a 6-month rolling average, in the process unit (or plant site). Once the performance level is achieved, the owner or operator shall comply with the requirements in § 63.163 of this subpart. (c) If in a subsequent monitoring period, the process unit (or plant site) has greater than 10 percent of the pumps leaking or three pumps leaking (calculated as a 6-month rolling average), the owner or operator shall resume the quality improvement program starting at performance trials. (d) The quality improvement program shall include the following: (1) The owner or operator shall comply with the requirements in § 63.163 of this subpart. (2) The owner or operator shall collect the following data, and maintain records as required in § 63.181(h)(3), for each pump in each process unit (or plant site) subject to the quality improvement program. The data may be collected and the records may be maintained on a process unit or plant site basis. (i) Pump type (e.g., piston, horizontal or vertical centrifugal, gear, bellows); pump manufacturer; seal type and manufacturer; pump design (e.g., external shaft, flanged body); materials of construction; if applicable, barrier fluid or packing material; and year installed. (ii) Service characteristics of the stream such as discharge pressure, temperature, flow rate, corrosivity, and annual operating hours. (iii) The maximum instrument readings observed in each monitoring observation before repair, response factor for the stream if appropriate, instrument model number, and date of the observation. (iv) If a leak is detected, the repair methods used and the instrument readings after repair. (v) If the data will be analyzed as part of a larger analysis program involving data from other plants or other types of process units, a description of any maintenance or quality assurance programs used in the process unit that are intended to improve emission performance. (3) The owner or operator shall continue to collect data on the pumps as long as the process unit (or plant site) remains in the quality improvement program. (4) The owner or operator shall inspect all pumps or pump seals which exhibited frequent seal failures and were removed from the process unit due to leaks. The inspection shall determine the probable cause of the pump seal failure or of the pump leak and shall include recommendations, as appropriate, for design changes or changes in specifications to reduce leak potential. (5)(i) The owner or operator shall analyze the data collected to comply with the requirements of paragraph (d)(2) of this section to determine the services, operating or maintenance practices, and pump or pump seal designs or technologies that have poorer than average emission performance and those that have better than average emission performance. The analysis shall determine if specific trouble areas can be identified on the basis of service, operating conditions or maintenance practices, equipment design, or other process specific factors. (ii) The analysis shall also be used to determine if there are superior performing pump or pump seal technologies that are applicable to the service(s), operating conditions, or pump or pump seal designs associated with poorer than average emission performance. A superior performing pump or pump seal technology is one with a leak frequency of less than 10 percent for specific applications in the process unit or plant site. A candidate superior performing pump or pump seal technology is one demonstrated or reported in the available literature or through a group study as having low emission performance and as being capable of achieving less than 10 percent leaking pumps in the process unit (or plant site). (iii) The analysis shall include consideration of: (A) The data obtained from the inspections of pumps and pump seals removed from the process unit due to leaks; (B) Information from the available literature and from the experience of other plant sites that will identify pump designs or technologies and operating conditions associated with low emission performance for specific services; and (C) Information on limitations on the service conditions for the pump seal technology operating conditions as well as information on maintenance procedures to ensure continued low emission performance. (iv) The data analysis may be conducted through an inter- or intra-company program (or through some combination of the two approaches) and may be for a single process unit, a plant site, a company, or a group of process units. (v) The first analysis of the data shall be completed no later than 18 months after the start of the quality improvement program. The first analysis shall be performed using a minimum of 6 months of data. An analysis of the data shall be done each year the process unit is in the quality improvement program. (6) A trial evaluation program shall be conducted at each plant site for which the data analysis does not identify use of superior performing pump seal technology or pumps that can be applied to the areas identified as having poorer than average performance, except as provided in paragraph (d)(6)(v) of this section. The trial program shall be used to evaluate the feasibility of using in the process unit (or plant site) the pump designs or seal technologies, and operating and maintenance practices that have been identified by others as having low emission performance. (i) The trial program shall include on-line trials of pump seal technologies or pump designs and operating and maintenance practices that have been identified in the available literature or in analysis by others as having the ability to perform with leak rates below 10 percent in similar services, as having low probability of failure, or as having no external actuating mechanism in contact with the process fluid. If any of the candidate superior performing pump seal technologies or pumps is not included in the performance trials, the reasons for rejecting specific technologies from consideration shall be documented as required in § 63.181(h)(5)(ii). (ii) The number of pump seal technologies or pumps in the trial evaluation program shall be the lesser of 1 percent or two pumps for programs involving single process units and the lesser of 1 percent or five pumps for programs involving a plant site or groups of process units. The minimum number of pumps or pump seal technologies in a trial program shall be one. (iii) The trial evaluation program shall specify and include documentation of: (A) The candidate superior performing pump seal designs or technologies to be evaluated, the stages for evaluating the identified candidate pump designs or pump seal technologies, including the time period necessary to test the applicability; (B) The frequency of monitoring or inspection of the equipment; (C) The range of operating conditions over which the component will be evaluated; and (D) Conclusions regarding the emission performance and the appropriate operating conditions and services for the trial pump seal technologies or pumps. (iv) The performance trials shall initially be conducted, at least, for a 6-month period beginning not later than 18 months after the start of the quality improvement program. No later than 24 months after the start of the quality improvement program, the owner or operator shall have identified pump seal technologies or pump designs that, combined with appropriate process, operating, and maintenance practices, operate with low emission performance for specific applications in the process unit. The owner or operator shall continue to conduct performance trials as long as no superior performing design or technology has been identified, except as provided in paragraph (d)(6)(vi) of this section. The initial list of superior emission performance pump designs or pump seal technologies shall be amended in the future, as appropriate, as additional information and experience is obtained. (v) Any plant site with fewer than 400 valves and owned by a corporation with fewer than 100 employees shall be exempt from trial evaluations of pump seals or pump designs. Plant sites exempt from the trial evaluations of pumps shall begin the pump seal or pump replacement program at the start of the fourth year of the quality improvement program. (vi) An owner or operator who has conducted performance trials on all alternative superior emission performance technologies suitable for the required applications in the process unit may stop conducting performance trials provided that a superior performing design or technology has been demonstrated or there are no technically feasible alternative superior technologies remaining. The owner or operator shall prepare an engineering evaluation documenting the physical, chemical, or engineering basis for the judgment that the superior emission performance technology is technically infeasible or demonstrating that it would not reduce emissions. (7) Each owner or operator shall prepare and implement a pump quality assurance program that details purchasing specifications and maintenance procedures for all pumps and pump seals in the process unit. The quality assurance program may establish any number of categories, or classes, of pumps as needed to distinguish among operating conditions and services associated with poorer than average emission performance as well as those associated with better than average emission performance. The quality assurance program shall be developed considering the findings of the data analysis required under paragraph (d)(5) of this section, if applicable, the findings of the trial evaluation required in paragraph (d)(6) of this section, and the operating conditions in the process unit. The quality assurance program shall be updated each year as long as the process unit has the greater of either 10 percent or more leaking pumps or has three leaking pumps. (i) The quality assurance program shall: (A) Establish minimum design standards for each category of pumps or pump seal technology. The design standards shall specify known critical parameters such as tolerance, manufacturer, materials of construction, previous usage, or other applicable identified critical parameters; (B) Require that all equipment orders specify the design standard (or minimum tolerances) for the pump or the pump seal; (C) Provide for an audit procedure for quality control of purchased equipment to ensure conformance with purchase specifications. The audit program may be conducted by the owner or operator of the plant site or process unit or by a designated representative; and (D) Detail off-line pump maintenance and repair procedures. These procedures shall include provisions to ensure that rebuilt or refurbished pumps and pump seals will meet the design specifications for the pump category and will operate such that emissions are minimized. (ii) The quality assurance program shall be established no later than the start of the third year of the quality improvement program for plant sites with 400 or more valves or 100 or more employees; and no later than the start of the fourth year of the quality improvement program for plant sites with less than 400 valves and less than 100 employees. (8) Beginning at the start of the third year of the quality improvement program for plant sites with 400 or more valves or 100 or more employees and at the start of the fourth year of the quality improvement program for plant sites with less than 400 valves and less than 100 employees, the owner or operator shall replace, as described in paragraphs (d)(8)(i) and (d)(8)(ii) of this section, the pumps or pump seals that are not superior emission performance technology with pumps or pump seals that have been identified as superior emission performance technology and that comply with the quality assurance standards for the pump category. Superior emission performance technology is that category or design of pumps or pump seals with emission performance which, when combined with appropriate process, operating, and maintenance practices, will result in less than 10 percent leaking pumps for specific applications in the process unit or plant site. Superior emission performance technology includes material or design changes to the existing pump, pump seal, seal support system, installation of multiple mechanical seals or equivalent, or pump replacement. (i) Pumps or pump seals shall be replaced at the rate of 20 percent per year based on the total number of pumps in light liquid service. The calculated value shall be rounded to the nearest nonzero integer value. The minimum number of pumps or pump seals shall be one. Pump replacement shall continue until all pumps subject to the requirements of § 63.163 of this subpart are pumps determined to be superior performance technology. (ii) The owner or operator may delay replacement of pump seals or pumps with superior technology until the next planned process unit shutdown, provided the number of pump seals and pumps replaced is equivalent to the 20 percent or greater annual replacement rate. (iii) The pumps shall be maintained as specified in the quality assurance program. § 63.177 Alternative means of emission limitation: General. (a) Permission to use an alternative means of emission limitation under section 112(h)(3) of the Act shall be governed by the following procedures in paragraphs (b) through (e) of this section. (b) Where the standard is an equipment, design, or operational requirement: (1) Each owner or operator applying for permission to use an alternative means of emission limitation under § 63.6(g) of subpart A of this part shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation. (2) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements. (3) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same emission reduction as the equipment, design, and operational requirements. (c) Where the standard is a work practice: (1) Each owner or operator applying for permission shall be responsible for collecting and verifying test data for an alternative means of emission limitation. (2) For each kind of equipment for which permission is requested, the emission reduction achieved by the required work practices shall be demonstrated for a minimum period of 12 months. (3) For each kind of equipment for which permission is requested, the emission reduction achieved by the alternative means of emission limitation shall be demonstrated. (4) Each owner or operator applying for permission shall commit, in writing, for each kind of equipment to work practices that provide for emission reductions equal to or greater than the emission reductions achieved by the required work practices. (5) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices and will consider the commitment in paragraph (c)(4) of this section. (6) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart. (d) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation. (e)(1) Manufacturers of equipment used to control equipment leaks of an organic HAP may apply to the Administrator for permission for an alternative means of emission limitation that achieves a reduction in emissions of the organic HAP achieved by the equipment, design, and operational requirements of this subpart. (2) The Administrator will grant permission according to the provisions of paragraphs (b), (c), and (d) of this section. § 63.178 Alternative means of emission limitation: Batch processes. (a) As an alternative to complying with the requirements of §§ 63.163 through 63.171 and §§ 63.173 through 63.176, an owner or operator of a batch process that operates in organic HAP service during the calendar year may comply with one of the standards specified in paragraphs (b) and (c) of this section, or the owner or operator may petition for approval of an alternative standard under the provisions of § 63.177 of this subpart. The alternative standards of this section provide the options of pressure testing or monitoring the equipment for leaks. The owner or operator may switch among the alternatives provided the change is documented as specified in § 63.181. (b) The following requirements shall be met if an owner or operator elects to use pressure testing of batch product-process equipment to demonstrate compliance with this subpart. An owner or operator who complies with the provisions of this paragraph is exempt from the monitoring provisions of § 63.163, §§ 63.168 and 63.169, and §§ 63.173 through 63.176 of this subpart. (1) Each time equipment is reconfigured for production of a different product or intermediate, the batch product-process equipment train shall be pressure-tested for leaks before organic HAP is first fed to the equipment and the equipment is placed in organic HAP service. (i) When the batch product-process train is reconfigured to produce a different product, pressure testing is required only for the new or disturbed equipment. (ii) Each batch product process that operates in organic HAP service during a calendar year shall be pressure tested at least once during that calendar year. (iii) Pressure testing is not required for routine seal breaks, such as changing hoses or filters, which are not part of the reconfiguration to produce a different product or intermediate. (2) The batch product process equipment shall be tested either using the procedures specified in § 63.180(f) of this subpart for pressure or vacuum loss or with a liquid using the procedures specified in § 63.180(g) of this subpart. (3)(i) For pressure or vacuum tests, a leak is detected if the rate of change in pressure is greater than 6.9 kilopascals (1 psig) in 1 hour or if there is visible, audible, or olfactory evidence of fluid loss. (ii) For pressure tests using a liquid, a leak is detected if there are indications of liquids dripping or if there is other evidence of fluid loss. (4)(i) If a leak is detected, it shall be repaired and the batch product-process equipment shall be retested before start-up of the process. (ii) If a batch product-process fails the retest or the second of two consecutive pressure tests, it shall be repaired as soon as practicable, but not later than 30 calendar days after the second pressure test, provided the conditions specified in paragraph (d) of this section are met. (c) The following requirements shall be met if an owner or operator elects to monitor the equipment to detect leaks by the method specified in § 63.180(b) of this subpart to demonstrate compliance with this subpart. (1) The owner or operator shall comply with the requirements of §§ 63.163 through 63.170, and §§ 63.172 through 63.176 of this subpart. (2) The equipment shall be monitored for leaks by the method specified in § 63.180(b) of this subpart when the equipment is in organic HAP service, in use with an acceptable surrogate volatile organic compound which is not an organic HAP, or is in use with any other detectable gas or vapor. (3) The equipment shall be monitored for leaks as specified below: (i) Each time the equipment is reconfigured for the production of a new product, the reconfigured equipment shall be monitored for leaks within 30 days of start-up of the process. This initial monitoring of reconfigured equipment shall not be included in determining percent leaking equipment in the process unit. (ii) Connectors shall be monitored in accordance with the requirements in § 63.174 of this subpart. (iii) Equipment other than connectors shall be monitored at the frequencies specified in table 1 of this subpart. The operating time shall be determined as the proportion of the year the batch product-process that is subject to the provisions of this subpart is operating. (iv) The monitoring frequencies specified in table 1 of this subpart are not requirements for monitoring at specific intervals and can be adjusted to accommodate process operations. An owner or operator may monitor anytime during the specified monitoring period (e.g., month, quarter, year), provided the monitoring is conducted at a reasonable interval after completion of the last monitoring campaign. For example, if the equipment is not operating during the scheduled monitoring period, the monitoring can be done during the next period when the process is operating. (4) If a leak is detected, it shall be repaired as soon as practicable but not later than 15 calendar days after it is detected, except as provided in paragraph (d) of this section. (d) Delay of repair of equipment for which leaks have been detected is allowed if the replacement equipment is not available providing the following conditions are met: (1) Equipment supplies have been depleted and supplies had been sufficiently stocked before the supplies were depleted. (2) The repair is made no later than 10 calendar days after delivery of the replacement equipment. § 63.179 Alternative means of emission limitation: Enclosed-vented process units. Process units enclosed in such a manner that all emissions from equipment leaks are vented through a closed-vent system to a control device meeting the requirements of § 63.172 of this subpart are exempt from the requirements of § 63.163, through 63.171, and §§ 63.173 and 63.174 of this subpart. The enclosure shall be maintained under a negative pressure at all times while the process unit is in operation to ensure that all emissions are routed to a control device. § 63.180 Test methods and procedures. (a) Each owner or operator subject to the provisions of this subpart shall comply with the test methods and procedures requirements provided in this section. (b) Monitoring, as required under this subpart, shall comply with the following requirements: (1) Monitoring shall comply with Method 21 of 40 CFR part 60, appendix A. (2)(i) Except as provided for in paragraph (b)(2)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in Section 3.1.2(a) of Method 21 shall be for the average composition of the process fluid not each individual VOC in the stream. For process streams that contain nitrogen, water, air, or other inerts which are not organic HAP's or VOC's, the average stream response factor may be calculated on an inert-free basis. The response factor may be determined at any concentration for which monitoring for leaks will be conducted. (ii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (b)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (b)(2)(i) of this section. (3) The instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (4) Calibration gases shall be: (i) Zero air (less than 10 parts per million of hydrocarbon in air); and (ii) Mixtures of methane in air at the concentrations specified in paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (b)(2)(i) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (A) For Phase I, a mixture of methane or other compounds, as applicable, in air at a concentration of approximately, but less than, 10,000 parts per million. (B) For Phase II, a mixture of methane or other compounds, as applicable, and air at a concentration of approximately, but less than, 10,000 parts per million for agitators, 5,000 parts per million for pumps, and 500 parts per million for all other equipment, except as provided in paragraph (b)(4)(iii) of this section. (C) For Phase III, a mixture of methane or other compounds, as applicable, and air at a concentration of approximately, but less than, 10,000 parts per million methane for agitators; 2,000 parts per million for pumps in food/medical service; 5,000 parts per million for pumps in polymerizing monomer service; 1,000 parts per million for all other pumps; and 500 parts per million for all other equipment, except as provided in paragraph (b)(4)(iii) of this section. (iii) The instrument may be calibrated at a higher methane concentration than the concentration specified for that piece of equipment. The concentration of the calibration gas may exceed the concentration specified as a leak by no more than 2,000 parts per million. If the monitoring instrument's design allows for multiple calibration scales, then the lower scale shall be calibrated with a calibration gas that is no higher than 2,000 parts per million above the concentration specified as a leak and the highest scale shall be calibrated with a calibration gas that is approximately equal to 10,000 parts per million. If only one scale on an instrument will be used during monitoring, the owner or operator need not calibrate the scales that will not be used during that day's monitoring. (5) Monitoring shall be performed when the equipment is in organic HAP service, in use with an acceptable surrogate volatile organic compound which is not an organic HAP, or is in use with any other detectable gas or vapor. (6) Monitoring data that do not meet the criteria specified in paragraphs (b)(1) through (b)(5) of this section may be used to qualify for less frequent monitoring under the provisions in § 63.168(d)(2) and (d)(3) or § 63.174(b)(3)(ii) or (b)(3)(iii) of this subpart provided the data meet the conditions specified in paragraphs (b)(6)(i) and (b)(6)(ii) of this section. (i) The data were obtained before April 22, 1994. (ii) The departures from the criteria specified in paragraphs (b)(1) through (b)(5) of this section or from the specified monitoring frequency of § 63.168(c) are minor and do not significantly affect the quality of the data. Examples of minor departures are monitoring at a slightly different frequency (such as every six weeks instead of monthly or quarterly), following the performance criteria of section 3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this section, or monitoring at a different leak definition if the data would indicate the presence or absence of a leak at the concentration specified in this subpart. Failure to use a calibrated instrument is not considered a minor departure. (c) When equipment is monitored for compliance as required in §§ 63.164(i), 63.165(a) or (e)(1), and 63.172(f) or when equipment subject to a leak definition of 500 ppm is monitored for leaks as required by this subpart, the owner or operator may elect to adjust or not to adjust the instrument readings for background. If an owner or operator elects to not adjust instrument readings for background, the owner or operator shall monitor the equipment according to the procedures specified in paragraphs (b)(1) through (4) of this section. In such case, all instrument readings shall be compared directly to the applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall monitor the equipment according to the procedures specified in paragraphs (c)(1) through (c)(4) of this section. (1) The requirements of paragraphs (b) (1) through (4) of this section shall apply. (2) The background level shall be determined, using the same procedures that will be used to determine whether the equipment is leaking. (3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21 of 40 CFR part 60, appendix A. (4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 parts per million for determining compliance. (d)(1) Each piece of equipment within a process unit that can reasonably be expected to contain equipment in organic HAP service is presumed to be in organic HAP service unless an owner or operator demonstrates that the piece of equipment is not in organic HAP service. For a piece of equipment to be considered not in organic HAP service, it must be determined that the percent organic HAP content can be reasonably expected not to exceed 5 percent by weight on an annual average basis. For purposes of determining the percent organic HAP content of the process fluid that is contained in or contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be used. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (2)(i) An owner or operator may use good engineering judgment rather than the procedures in paragraph (d)(1) of this section to determine that the percent organic HAP content does not exceed 5 percent by weight. When an owner or operator and the Administrator do not agree on whether a piece of equipment is not in organic HAP service, however, the procedures in paragraph (d)(1) of this section shall be used to resolve the disagreement. (ii) Conversely, the owner or operator may determine that the organic HAP content of the process fluid does not exceed 5 percent by weight by, for example, accounting for 98 percent of the content and showing that organic HAP is less than 3 percent. (3) If an owner or operator determines that a piece of equipment is in organic HAP service, the determination can be revised after following the procedures in paragraph (d)(1) of this section, or by documenting that a change in the process or raw materials no longer causes the equipment to be in organic HAP service. (4) Samples used in determining the percent organic HAP content shall be representative of the process fluid that is contained in or contacts the equipment. (e) When a flare is used to comply with § 63.172(d), the owner or operator shall comply with paragraphs (e)(1) through (3) of this section, except as specified in paragraph (a) of § 63.108. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6). (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. (f) The following procedures shall be used to pressure test batch product-process equipment for pressure or vacuum loss to demonstrate compliance with the requirements of § 63.178(b)(3)(i) of this subpart. (1) The batch product-process equipment train shall be pressurized with a gas to a pressure less than the set pressure of any safety relief devices or valves or to a pressure slightly above the operating pressure of the equipment, or alternatively, the equipment shall be placed under a vacuum. (2) Once the test pressure is obtained, the gas source or vacuum source shall be shut off. (3) The test shall continue for not less than 15 minutes unless it can be determined in a shorter period of time that the allowable rate of pressure drop or of pressure rise was exceeded. The pressure in the batch product-process equipment shall be measured after the gas or vacuum source is shut off and at the end of the test period. The rate of change in pressure in the batch product-process equipment shall be calculated using the following equation: where: Δ P/t = Change in pressure, psig/hr. P f P i t f i (4) The pressure shall be measured using a pressure measurement device (gauge, manometer, or equivalent) which has a precision of ±2.5 millimeter mercury in the range of test pressure and is capable of measuring pressures up to the relief set pressure of the pressure relief device. If such a pressure measurement device is not reasonably available, the owner or operator shall use a pressure measurement device with a precision of at least + 10 percent of the test pressure of the equipment and shall extend the duration of the test for the time necessary to detect a pressure loss or rise that equals a rate of one psig per hour. (5) An alternative procedure may be used for leak testing the equipment if the owner or operator demonstrates the alternative procedure is capable of detecting a pressure loss or rise. (g) The following procedures shall be used to pressure-test batch product-process equipment using a liquid to demonstrate compliance with the requirements of § 63.178(b)(3)(ii) of this subpart. (1) The batch product-process equipment train, or section of the train, shall be filled with the test liquid (e.g., water, alcohol) until normal operating pressure is obtained. Once the equipment is filled, the liquid source shall be shut off. (2) The test shall be conducted for a period of at least 60 minutes, unless it can be determined in a shorter period of time that the test is a failure. (3) Each seal in the equipment being tested shall be inspected for indications of liquid dripping or other indications of fluid loss. If there are any indications of liquids dripping or of fluid loss, a leak is detected. (4) An alternative procedure may be used for leak testing the equipment, if the owner or operator demonstrates the alternative procedure is capable of detecting losses of fluid. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2792, Jan. 17, 1997; 66 FR 6936, Jan. 22, 2001; 89 FR 43225, May 16, 2024] § 63.181 Recordkeeping requirements. (a) An owner or operator of more than one process unit subject to the provisions of this subpart may comply with the recordkeeping requirements for these process units in one recordkeeping system if the system identifies each record by process unit and the program being implemented (e.g., quarterly monitoring, quality improvement) for each type of equipment. All records and information required by this section shall be maintained in a manner that can be readily accessed at the plant site. This could include physically locating the records at the plant site or accessing the records from a central location by computer at the plant site. (b) Except as provided in paragraph (e) of this section, the following information pertaining to all equipment in each process unit subject to the requirements in §§ 63.162 through 63.174 of this subpart shall be recorded: (1)(i) A list of identification numbers for equipment (except connectors exempt from monitoring and recordkeeping identified in § 63.174 of this subpart and instrumentation systems) subject to the requirements of this subpart. Connectors need not be individually identified if all connectors in a designated area or length of pipe subject to the provisions of this subpart are identified as a group, and the number of connectors subject is indicated. With respect to connectors, the list shall be complete no later than the completion of the initial survey required by § 63.174 (b)(1) or (b)(2) of this subpart. (ii) A schedule by process unit for monitoring connectors subject to the provisions of § 63.174(a) of this subpart and valves subject to the provisions of § 63.168(d) of this subpart. (iii) Physical tagging of the equipment to indicate that it is in organic HAP service is not required. Equipment subject to the provisions of this subpart may be identified on a plant site plan, in log entries, or by other appropriate methods. (2)(i) A list of identification numbers for equipment that the owner or operator elects to equip with a closed-vent system and control device, under the provisions of § 63.163(g), § 63.164(h), § 63.165(c) or (e)(4), or § 63.173(f), as applicable. (ii) A list of identification numbers for compressors that the owner or operator elects to designate as operating with an instrument reading of less than 500 parts per million above background, under the provisions of § 63.164(i) of this subpart. (iii) Identification of surge control vessels or bottoms receivers subject to the provisions of this subpart that the owner or operator elects to equip with a closed-vent system and control device, under the provisions of § 63.170 of this subpart. (3)(i) A list of identification numbers for pressure relief devices subject to the provisions in § 63.165(a) or (e)(1), as applicable. (ii) A list of identification numbers for pressure relief devices equipped with rupture disks, under the provisions of § 63.165(d), (e)(2)(ii), or (e)(2)(iii), as applicable. (4) Identification of instrumentation systems subject to the provisions of this subpart. Individual components in an instrumentation system need not be identified. (5) Identification of screwed connectors subject to the requirements of § 63.174(c)(2) of this subpart. Identification can be by area or grouping as long as the total number within each group or area is recorded. (6) The following information shall be recorded for each dual mechanical seal system: (i) Design criteria required in §§ 63.163(e)(6)(i), 63.164(e)(2), and 63.173(d)(6)(i) of this subpart and an explanation of the design criteria; and (ii) Any changes to these criteria and the reasons for the changes. (7) The following information pertaining to all pumps subject to the provisions of § 63.163(j), valves subject to the provisions of § 63.168(h) and (i) of this subpart, agitators subject to the provisions of § 63.173(h) through (j), and connectors subject to the provisions of § 63.174(f) and (g) of this subpart shall be recorded: (i) Identification of equipment designated as unsafe to monitor, difficult to monitor, or unsafe to inspect and the plan for monitoring or inspecting this equipment. (ii) A list of identification numbers for the equipment that is designated as difficult to monitor, an explanation of why the equipment is difficult to monitor, and the planned schedule for monitoring this equipment. (iii) A list of identification numbers for connectors that are designated as unsafe to repair and an explanation why the connector is unsafe to repair. (8)(i) A list of valves removed from and added to the process unit, as described in § 63.168(e)(1) of this subpart, if the net credits for removed valves is expected to be used. (ii) A list of connectors removed from and added to the process unit, as described in § 63.174(i)(1) of this subpart, and documentation of the integrity of the weld for any removed connectors, as required in § 63.174(j) of this subpart. This is not required unless the net credits for removed connectors is expected to be used. (9)(i) For batch process units that the owner or operator elects to monitor as provided under § 63.178(c) of this subpart, a list of equipment added to batch product process units since the last monitoring period required in § 63.178(c)(3)(ii) and (3)(iii) of this subpart. (ii) Records demonstrating the proportion of the time during the calendar year the equipment is in use in a batch process that is subject to the provisions of this subpart. Examples of suitable documentation are records of time in use for individual pieces of equipment or average time in use for the process unit. These records are not required if the owner or operator does not adjust monitoring frequency by the time in use, as provided in § 63.178(c)(3)(iii) of this subpart. (10) For any leaks detected as specified in §§ 63.163 and 63.164; §§ 63.168 and 63.169; and §§ 63.172 through 63.174 of this subpart, a weatherproof and readily visible identification, marked with the equipment identification number, shall be attached to the leaking equipment. (11) For each pressure relief device subject to the pressure release management work practice standards in § 63.165(e), owners and operators must keep the records specified in paragraphs (b)(11)(i) through (iii) of this section in addition to the records specified in paragraph (f) of this section. (i) Records of the prevention measures implemented as required in § 63.165(e)(3)(ii). (ii) Records of the number of releases during each calendar year. Keep these records for the current calendar year and the past 5 calendar years. (iii) For each release to the atmosphere, owners and operators must keep the records specified in paragraphs (b)(11)(iii)(A) through (D) of this section. (A) The start and end time and date of each pressure release to the atmosphere. (B) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event. (C) Records of the root cause analysis and corrective action analysis conducted as required in § 63.165(e)(3)(iii), including an identification of the affected facility, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.165(e)(7)(i). (D) For any corrective action analysis for which implementation of corrective actions are required in § 63.165(e)(7), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (12) For equipment in ethylene oxide service, as defined in § 63.101, records of the percent ethylene oxide content of the process fluid and the method used to determine it. (c) For visual inspections of equipment subject to the provisions of this subpart (e.g., § 63.163(b)(3), § 63.163(e)(4)(i)), the owner or operator shall document that the inspection was conducted and the date of the inspection. The owner or operator shall maintain records as specified in paragraph (d) of this section for leaking equipment identified in this inspection, except as provided in paragraph (e) of this section. These records shall be retained for 2 years. (d) When each leak is detected as specified in §§ 63.163 and 63.164; §§ 63.168 and 63.169; and §§ 63.172 through 63.174 of this subpart, the following information shall be recorded and kept for 2 years: (1) The instrument and the equipment identification number and the operator name, initials, or identification number. (2) The date the leak was detected and the date of first attempt to repair the leak. (3) The date of successful repair of the leak. (4) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable. (5) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup/shutdown/malfunction plan, required by § 63.6(e)(3), for the source or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. For each source as defined in § 63.101, and for each source as defined in § 63.191, on and after July 15, 2027, the sentence “The written procedures may be included as part of the startup/shutdown/malfunction plan, required by § 63.6(e)(3), for the source or may be part of a separate document that is maintained at the plant site.” in this paragraph no longer applies. (ii) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion. (6) Dates of process unit shutdowns that occur while the equipment is unrepaired. (7)(i) Identification, either by list, location (area or grouping), or tagging of connectors that have been opened or otherwise had the seal broken since the last monitoring period required in § 63.174(b) of this subpart, as described in § 63.174(c)(1) of this subpart, unless the owner or operator elects to comply with the provisions of § 63.174(c)(1)(ii) of this subpart. (ii) The date and results of monitoring as required in § 63.174(c) of this subpart. If identification of connectors that have been opened or otherwise had the seal broken is made by location under paragraph (d)(7)(i) of this section, then all connectors within the designated location shall be monitored. (8) The date and results of the monitoring required in § 63.178(c)(3)(i) of this subpart for equipment added to a batch process unit since the last monitoring period required in § 63.178 (c)(3)(ii) and (c)(3)(iii) of this subpart. If no leaking equipment is found in this monitoring, the owner or operator shall record that the inspection was performed. Records of the actual monitoring results are not required. (9) Copies of the periodic reports as specified in § 63.182(d) of this subpart, if records are not maintained on a computerized database capable of generating summary reports from the records. (e) The owner or operator of a batch product process who elects to pressure test the batch product process equipment train to demonstrate compliance with this subpart is exempt from the requirements of paragraphs (b), (c), (d), and (f) of this section. Instead, the owner or operator shall maintain records of the following information: (1) The identification of each product, or product code, produced during the calendar year. It is not necessary to identify individual items of equipment in a batch product process equipment train. (2) [Reserved] (3) Physical tagging of the equipment to identify that it is in organic HAP service and subject to the provisions of this subpart is not required. Equipment in a batch product process subject to the provisions of this subpart may be identified on a plant site plan, in log entries, or by other appropriate methods. (4) The dates of each pressure test required in § 63.178(b) of this subpart, the test pressure, and the pressure drop observed during the test. (5) Records of any visible, audible, or olfactory evidence of fluid loss. (6) When a batch product process equipment train does not pass two consecutive pressure tests, the following information shall be recorded in a log and kept for 2 years: (i) The date of each pressure test and the date of each leak repair attempt. (ii) Repair methods applied in each attempt to repair the leak. (iii) The reason for the delay of repair. (iv) The expected date for delivery of the replacement equipment and the actual date of delivery of the replacement equipment. (v) The date of successful repair. (f) The dates and results of each compliance test required for compressors subject to the provisions in § 63.164(i) and the dates and results of the monitoring following a pressure release for each pressure relief device subject to the provisions in §§ 63.165 (a) and (b) of this subpart. The results shall include: (1) The background level measured during each compliance test. (2) The maximum instrument reading measured at each piece of equipment during each compliance test. (g) The owner or operator shall maintain records of the information specified in paragraphs (g)(1) through (g)(3) of this section for closed-vent systems and control devices subject to the provisions of § 63.172 of this subpart. The records specified in paragraph (g)(1) of this section shall be retained for the life of the equipment. The records specified in paragraphs (g)(2) and (g)(3) of this section shall be retained for 2 years. (1) The design specifications and performance demonstrations specified in paragraphs (g)(1)(i) through (g)(1)(iv) of this section. (i) Detailed schematics, design specifications of the control device, and piping and instrumentation diagrams. (ii) The dates and descriptions of any changes in the design specifications. (iii) Except as specified in paragraph (a) of § 63.108, the flare design ( i.e., (iv) A description of the parameter or parameters monitored, as required in § 63.172(e) of this subpart, to ensure that control devices are operated and maintained in conformance with their design and an explanation of why that parameter (or parameters) was selected for the monitoring. (2) Records of operation of closed-vent systems and control devices, as specified in paragraphs (g)(2)(i) through (g)(2)(iii) of this section. (i) Except as specified in paragraph (a) of § 63.108, dates and durations when the closed-vent systems and control devices required in §§ 63.163 through 63.166, and § 63.170 are not operated as designed as indicated by the monitored parameters, including periods when a flare pilot light system does not have a flame. (ii) Dates and durations during which the monitoring system or monitoring device is inoperative. (iii) Dates and durations of start-ups and shutdowns of control devices required in §§ 63.163 through 63.166, and § 63.170 of this subpart. (3) Records of inspections of closed-vent systems subject to the provisions of § 63.172, as specified in paragraphs (g)(3)(i) through (iii) of this section. (i) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (f)(2) of this subpart during which no leaks were detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (ii) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (f)(2) of this subpart during which leaks were detected, the information specified in paragraph (d) of this section shall be recorded. (iii) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (g)(3)(i) and (ii) of this section. For each flow event from a bypass line subject to the requirements in § 63.172(j), the owner or operator must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (h) Each owner or operator of a process unit subject to the requirements of §§ 63.175 and 63.176 of this subpart shall maintain the records specified in paragraphs (h)(1) through (h)(9) of this section for the period of the quality improvement program for the process unit. (1) For owners or operators who elect to use a reasonable further progress quality improvement program, as specified in § 63.175(d) of this subpart: (i) All data required in § 63.175(d)(2) of this subpart. (ii) The percent leaking valves observed each quarter and the rolling average percent reduction observed in each quarter. (iii) The beginning and ending dates while meeting the requirements of § 63.175(d) of this subpart. (2) For owners or operators who elect to use a quality improvement program of technology review and improvement, as specified in § 63.175(e) of this subpart: (i) All data required in § 63.175(e)(2) of this subpart. (ii) The percent leaking valves observed each quarter. (iii) Documentation of all inspections conducted under the requirements of § 63.175(e)(4) of this subpart, and any recommendations for design or specification changes to reduce leak frequency. (iv) The beginning and ending dates while meeting the requirements of § 63.175(e) of this subpart. (3) For owners or operators subject to the requirements of the pump quality improvement program as specified in § 63.176 of this subpart: (i) All data required in § 63.176(d)(2) of this subpart. (ii) The rolling average percent leaking pumps. (iii) Documentation of all inspections conducted under the requirements of § 63.176(d)(4) of this subpart, and any recommendations for design or specification changes to reduce leak frequency. (iv) The beginning and ending dates while meeting the requirements of § 63.176(d) of this subpart. (4) If a leak is not repaired within 15 calendar days after discovery of the leak, the reason for the delay and the expected date of successful repair. (5) Records of all analyses required in §§ 63.175(e) and 63.176(d) of this subpart. The records will include the following: (i) A list identifying areas associated with poorer than average performance and the associated service characteristics of the stream, the operating conditions and maintenance practices. (ii) The reasons for rejecting specific candidate superior emission performing valve or pump technology from performance trials. (iii) The list of candidate superior emission performing valve or pump technologies, and documentation of the performance trial program items required under §§ 63.175(e)(6)(iii) and 63.176(d)(6)(iii) of this subpart. (iv) The beginning date and duration of performance trials of each candidate superior emission performing technology. (6) All records documenting the quality assurance program for valves or pumps as specified in §§ 63.175(e)(7) and 63.176(d)(7) of this subpart. (7) Records indicating that all valves or pumps replaced or modified during the period of the quality improvement program are in compliance with the quality assurance requirements in § 63.175(e)(7) and § 63.176(d)(7) of this subpart. (8) Records documenting compliance with the 20 percent or greater annual replacement rate for pumps as specified in § 63.176(d)(8) of this subpart. (9) Information and data to show the corporation has fewer than 100 employees, including employees providing professional and technical contracted services. (i) The owner or operator of equipment in heavy liquid service shall comply with the requirements of either paragraph (i)(1) or (i)(2) of this section, as provided in paragraph (i)(3) of this section. (1) Retain information, data, and analyses used to determine that a piece of equipment is in heavy liquid service. (2) When requested by the Administrator, demonstrate that the piece of equipment or process is in heavy liquid service. (3) A determination or demonstration that a piece of equipment or process is in heavy liquid service shall include an analysis or demonstration that the process fluids do not meet the definition of “in light liquid service.” Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (j) Identification, either by list, location (area or group) of equipment in organic HAP service less than 300 hours per year within a process unit subject to the provisions of this subpart under § 63.160 of this subpart. (k) Owners and operators choosing to comply with the requirements of § 63.179 of this subpart shall maintain the following records: (1) Identification of the process unit(s) and the organic HAP's they handle. (2) A schematic of the process unit, enclosure, and closed-vent system. (3) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. (1) For fenceline monitoring systems subject to § 63.184, each owner or operator must keep the records specified in paragraphs (l)(1) through (11) of this section. (1) Coordinates of all passive tube and canister monitors, including co-located samplers and field blanks, and if applicable, the meteorological station. The owner or operator shall determine the coordinates using an instrument with an accuracy of at least 3 meters. The coordinates shall be in decimal degrees with at least five decimal places. (2) The start and stop times and dates for each sample, as well as the tube or canister identifying information. (3) Sampling period average temperature and barometric pressure measurements. (4) For each outlier determined in accordance with Section 9.2 of Method 325A of appendix A of this part the sampler location of and the concentration of the outlier and the evidence used to conclude that the result is an outlier. The evidence must include documentation of accidental contamination by the sample handler. High sample results attributed to unknown causes are not outliers if there is no evidence of sample contamination and the sample does not meet the requirements in Section 9.2 of Method 325A of appendix A of this part. (5) For samples that will be adjusted for offsite impacts, the location of and the concentration measured simultaneously by the additional sampler(s), and the perimeter samplers to which it applies. (6) Individual sample results, the calculated Δc for each monitored compound for each sampling period and the two samples used to determine it, whether correction for offsite impacts was used, and the annual average Δc for each monitored compound calculated after each sampling period. (7) Method detection limit for each sample, including co-located samples and blanks. (8) Documentation of the root cause analysis and any resulting corrective action taken each time an action level is exceeded, including the dates the root cause analysis was initiated and the resulting correction action(s) were taken. If real-time sampling techniques are required under § 63.184(e)(3)(B), the location of the real-time monitors for each 48-hour period. (9) Any corrective action plan developed under § 63.184(f). (10) Other records as required by Methods 325A, 325B, and 327 of appendix A of this part. (11) If monitoring is conducted using canisters in accordance with § 63.184(b), if a near-field source correction is used as provided in § 63.184(g), or if an alternative test method is used that provides time-resolved measurements, records of hourly meteorological data, including temperature, barometric pressure, wind speed and wind direction, calculated daily unit vector wind direction and daily sigma theta, and other records specified in the site-specific monitoring plan. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 60 FR 18030, Apr. 10, 1995; 61 FR 31441, June 20, 1996; 62 FR 2792, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 68 FR 37344, June 23, 2003; 89 FR 43225, May 16, 2024] § 63.182 Reporting requirements. (a) Each owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (a)(1) through (a)(5) of this section. Owners or operators requesting an extension of compliance shall also submit the report listed in paragraph (a)(6) of this section. (1) An Initial Notification described in paragraph (b) of this section, and (2) A Notification of Compliance Status described in paragraph (c) of this section, (3) Periodic Reports described in paragraph (d) of this section, (4) Fenceline Monitoring Reports described in paragraph (e) of this section, and (5) [Reserved] (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing an existing source up to 1 additional year beyond the compliance date specified in the subpart that references this subpart. (i) For purposes of this subpart, a request for an extension shall be submitted to the operating permit authority as part of the operating permit application. If the State in which the source is located does not have an approved operating permit program, a request for an extension shall be submitted to the Administrator as a separate submittal. The dates specified in § 63.6(i) of subpart A of this part for submittal of requests for extensions shall not apply to sources subject to this subpart. (ii) A request for an extension of compliance must include the data described in § 63.6(i)(6)(i) (A), (B), and (D) of subpart A of this part. (iii) The requirements in § 63.6(i)(8) through (i)(14) of subpart A of this part will govern the review and approval of requests for extensions of compliance with this subpart. (b) Each owner or operator of an existing or new source subject to the provisions of this subpart shall submit a written Initial Notification to the Administrator, containing the information described in paragraph (b)(1), according to the schedule in paragraph (b)(2) of this section. The Initial Notification provisions in § 63.9(b)(1) through (b)(3) of subpart A of this part shall not apply to owners or operators of sources subject to this subpart. (1) The Initial Notification shall include the following information: (i) The name and address of the owner or operator; (ii) The address (physical location) of the affected source; (iii) An identification of the chemical manufacturing processes subject to this subpart; and (iv) A statement of whether the source can achieve compliance by the applicable compliance date specified in the subpart in 40 CFR part 63 that references this subpart. (2) The Initial Notification shall be submitted according to the schedule in paragraph (b)(2)(i), (b)(2)(ii), or (b)(2)(iii) of this section, as applicable. (i) For an existing source, the Initial Notification shall be submitted within 120 calendar days after the date of promulgation or no later than 120 calendar days after the source becomes subject to this subpart, whichever is later. (ii) For a new source that has an initial start-up 90 days after the date of promulgation of this subpart or later, the application for approval of construction or reconstruction required by § 63.5(d) of subpart A of this part shall be submitted in lieu of the Initial Notification. The application shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but it need not be sooner than 90 days after the date of promulgation of the subpart that references this subpart). For a new source that reclassifies to major source status after January 19, 2021 and greater than 90 days after the initial start-up, the source shall submit the initial notification required by § 63.9(b) no later than 120 days after the source becomes subject to this subpart. (iii) For a new source that has an initial start-up prior to 90 days after the date of promulgation of the applicable subpart, the Initial Notification shall be submitted within 90 days after the date of promulgation of the subpart that references this subpart, or no later than 120 calendar days after the source becomes subject to this subpart, whichever is later. (c) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status within 90 days after the compliance dates specified in the subpart in this part 63 that references this subpart, except as provided in paragraph (c)(4) of this section. The owner or operator shall also submit a supplement to the Notification of Compliance Status as specified in paragraphs (c)(5) and (6) of this section, if applicable. (1) The notification shall provide the information listed in paragraphs (c)(1)(i) through (c)(1)(iv) of this section for each process unit subject to the requirements of § 63.163 through § 63.174 of this subpart. (i) Process unit identification. (ii) Number of each equipment type (e.g., valves, pumps) excluding equipment in vacuum service. (iii) Method of compliance with the standard (for example, “monthly leak detection and repair” or “equipped with dual mechanical seals”). (iv) Planned schedule for each phase of the requirements in § 63.163 and § 63.168 of this subpart. (2) The notification shall provide the information listed in paragraphs (c)(2)(i) and (c)(2)(ii) of this section for each process unit subject to the requirements of § 63.178(b) of this subpart. (i) Batch products or product codes subject to the provisions of this subpart, and (ii) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this subpart. (3) The notification shall provide the information listed in paragraphs (c)(3)(i) and (c)(3)(ii) of this section for each process unit subject to the requirements in § 63.179 of this subpart. (i) Process unit identification. (ii) A description of the system used to create a negative pressure in the enclosure and the control device used to comply with the requirements of § 63.172 of this subpart. (4) For existing sources subject to subpart F of this part, the Notification of Compliance Status shall be submitted for the group of process units with the earliest compliance date specified in § 63.100(k) of subpart F of this part, by no later than 90 days after the compliance date for that group. The Notification of Compliance Status for each subsequent group shall be submitted as part of the first periodic report that is due not less than 90 days after the compliance date for that group. (5) For pressure relief devices subject to the pressure release management work practice standards in § 63.165(e), owners and operators must also submit the information listed in paragraphs (c)(5)(i) and (ii) of this section in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for pressure relief device monitoring. (i) A description of the monitoring system to be implemented, including the relief devices and process parameters to be monitored, and a description of the alarms or other methods by which operators will be notified of a pressure release. (ii) A description of the prevention measures to be implemented for each affected pressure relief device. (6) For equipment that are in ethylene oxide service, as defined in § 63.101, owners and operators must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. The supplement to the Notification of Compliance Status must identify all equipment that are in ethylene oxide service, and include the percent ethylene oxide content of the process fluid and the method used to determine it. (d) The owner or operator of a source subject to this subpart shall submit Periodic Reports. On and after July 15, 2027 or once the reporting template for this subpart has been available on the CEDRI website for 1 year, whichever date is later, owners and operators must submit all subsequent reports following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Hazardous Organic Chemical Manufacturing Sector Lead. Owners and operators must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) A report containing the information in paragraphs (d)(2), (d)(3), and (d)(4) of this section shall be submitted semiannually starting 6 months after the Notification of Compliance Status, as required in paragraph (c) of this section. The first periodic report shall cover the first 6 months after the compliance date specified in § 63.100(k)(3) of subpart F. Each subsequent periodic report shall cover the 6 month period following the preceding period. (2) For each process unit complying with the provisions of § 63.163 through § 63.174, the summary information listed in paragraphs (d)(2)(i) through (xix) of this paragraph for each monitoring period during the 6-month period. (i) The number of valves for which leaks were detected as described in § 63.168(b) of this subpart, the percent leakers, and the total number of valves monitored; (ii) The number of valves for which leaks were not repaired as required in § 63.168(f) of this subpart, identifying the number of those that are determined nonrepairable; (iii) The number of pumps for which leaks were detected as described in § 63.163(b) of this subpart, the percent leakers, and the total number of pumps monitored; (iv) The number of pumps for which leaks were not repaired as required in § 63.163(c) of this subpart; (v) The number of compressors for which leaks were detected as described in § 63.164(f) of this subpart; (vi) The number of compressors for which leaks were not repaired as required in § 63.164(g) of this subpart; (vii) The number of agitators for which leaks were detected as described in § 63.173(a) and (b) of this subpart; (viii) The number of agitators for which leaks were not repaired as required in § 63.173(c) of this subpart; (ix) The number of connectors for which leaks were detected as described in § 63.174(a) of this subpart, the percent of connectors leaking, and the total number of connectors monitored; (x) [Reserved] (xi) The number of connectors for which leaks were not repaired as required in § 63.174(d) of this subpart, identifying the number of those that are determined nonrepairable; (xii) [Reserved] (xiii) The facts that explain any delay of repairs and, where appropriate, why a process unit shutdown was technically infeasible. (xiv) The results of all monitoring to show compliance with §§ 63.164(i), 63.165(a), and 63.172(f) of this subpart conducted within the semiannual reporting period. (xv) If applicable, the initiation of a monthly monitoring program under § 63.168(d)(1)(i) of this subpart, or a quality improvement program under either §§ 63.175 or 63.176 of this subpart. (xvi) If applicable, notification of a change in connector monitoring alternatives as described in § 63.174(c)(1) of this subpart. (xvii) If applicable, the compliance option that has been selected under § 63.172(n). (xviii) Compliance reports for pressure relief devices subject to the requirements § 63.165(e) must include the information specified in paragraphs (d)(2)(xviii)(A) through (C) of this section. (A) For pressure relief devices in organic HAP gas or vapor service, pursuant to § 63.165(e)(1), report the instrument readings and dates for all readings of 500 ppm or greater. (B) For pressure relief devices in organic HAP gas or vapor service subject to § 63.165(e)(2), report the instrument readings and dates of instrument monitoring conducted. (C) For pressure relief devices in organic HAP service subject to § 63.165(e)(3), report each pressure release to the atmosphere, including pressure relief device identification name or number, the start date, start time, and duration (in minutes) of the pressure release; an estimate of the mass quantity in pounds of each organic HAP released; the results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period; and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (xix) For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10), the owner or operator must comply with this paragraph in addition to the requirements in paragraphs (d)(2)(i) through (d)(2)(xviii) of this section. For bypass lines subject to the requirements in § 63.172(j), the Periodic Report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (3) For owners or operators electing to meet the requirements of § 63.178(b) of this subpart, the report shall include the information listed in paragraphs (i) through (v) of this paragraph for each process unit. (i) Batch product process equipment train identification; (ii) The number of pressure tests conducted; (iii) The number of pressure tests where the equipment train failed the pressure test; (iv) The facts that explain any delay of repairs; and (v) The results of all monitoring to determine compliance with § 63.172(f) of this subpart. (4) The information listed in paragraph (c) of this section for the Notification of Compliance Status for process units with later compliance dates. Any revisions to items reported in earlier Notification of Compliance Status, if the method of compliance has changed since the last report. (e) For fenceline monitoring systems subject to § 63.184, each owner or operator must submit Fenceline Monitoring Reports on a quarterly basis using the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri i.e., (1) Facility name and address (including the county). (2) Year and reporting quarter ( i.e., (3) For each passive tube or canister monitor: The latitude and longitude location coordinates; the sampler name; and identification of the type of sampler ( i.e., (4) The beginning and ending dates for each sampling period. (5) Individual sample results for each monitored compound, reported in units of µg/m3, for each monitor for each sampling period that ends during the reporting period. Results below the method detection limit must be flagged as below the detection limit and reported at the method detection limit. (6) Data flags for each outlier determined in accordance with Section 9.2 of Method 325A of appendix A of this part. For each outlier, the owner or operator must submit the individual sample result of the outlier, as well as the evidence used to conclude that the result is an outlier. The evidence must include documentation of accidental contamination by the sample handler. High sample results attributed to unknown causes are not outliers if there is no evidence of sample contamination and the sample does not meet the requirements in Section 9.2 of Method 325A of appendix A of this part. (7) The concentration difference (Δc) for each monitored compound for each sampling period and the annual average Δc for each monitored compound for each sampling period. (8) Indication of whether the owner or operator was required to develop a corrective action plan under § 63.184(f). (9) Data flags for each monitor for each analyte that was skipped for the sampling period, if the owner or operator uses an alternative sampling frequency under § 63.184(a)(3)(iii) or § 63.184(b)(2)(iii). [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 60 FR 18030, Apr. 10, 1995; 60 FR 63631, Dec. 12, 1995; 62 FR 2792, Jan. 17, 1997; 85 FR 73888, Nov. 19, 2020; 89 FR 43226, May 16, 2024] § 63.183 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.160, 63.162 through 63.176, 63.178 through 63.179. Follow the applicable procedures of § 63.177 to request an alternative means of emission limitation for batch processes and enclosed-vented process units. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37345, June 23, 2003, as amended at 89 FR 43228, May 16, 2024] § 63.184 Fenceline monitoring provisions. For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(12), the owner or operator must conduct sampling along the facility property boundary and analyze the samples in accordance with paragraphs (a) through (i) of this section. Sampling of benzene, 1,3-butadiene, chloroprene, and ethylene dichloride must be conducted in accordance with paragraph (a) of this section. Sampling of ethylene oxide and vinyl chloride must be conducted in accordance with paragraph (b) of this section. Paragraphs (c) through (i) of this section apply for any compound required to be sampled. (a) The owner or operator must conduct sampling along the facility property boundary and analyze the samples in accordance with Methods 325A and 325B of appendix A to this part and paragraphs (a)(1) through (3) of this section. The monitoring perimeter may be located inside the facility, away from the facility property boundary. However, the monitoring perimeter must encompass all potential sources of the target analyte(s) specified in paragraph (a)(1) of this section that are located within the facility's property boundary. (1) The owner or operator must monitor the target analyte(s), as specified in paragraphs (a)(1)(i) through (iv) of this section. The owner or operator must follow the procedure in Section 9.6 of Method 325B of appendix A to this part to determine the detection limit of benzene, 1,3-butadiene, chloroprene, and ethylene dichloride for each sampler used to collect samples and blanks. (i) If an affected source uses, produces, stores, or emits benzene, the owner or operator must include benzene as a target analyte. (ii) If an affected source uses, produces, stores, or emits 1,3-butadiene, the owner or operator must include 1,3-butadiene as a target analyte. (iii) If an affected source uses, produces, stores, or emits chloroprene, the owner or operator must include chloroprene as a target analyte. (iv) If an affected source uses, produces, stores, or emits ethylene dichloride, the owner or operator must include ethylene dichloride as a target analyte. (2) The owner or operator must determine passive monitor locations in accordance with Section 8.2 of Method 325A of appendix A to this part. (i) As it pertains to this subpart, known sources of VOCs, as used in Section 8.2.1.3 in Method 325A of appendix A to this part for siting passive monitors, means a wastewater treatment unit, process unit, or any emission source requiring control according to the requirements of this subpart, including marine vessel loading operations. For marine vessel loading operations, one passive monitor should be sited on the shoreline adjacent to the dock. For this subpart, an additional monitor is not required if the only emission sources within 50 meters of the monitoring boundary are equipment leak sources satisfying all of the conditions in paragraphs (a)(2)(i)(A) through (C) of this section. If a leak is found, it must be repaired no later than 15 calendar days after it is detected with no provisions for delay of repair. If a repair is not completed within 15 calendar days, the additional passive monitor specified in Section 8.2.1.3 in Method 325A of appendix A to this part must be used. (A) The equipment leak sources in organic HAP service within 50 meters of the monitoring boundary are limited to valves, pumps, connectors, sampling connections, and open-ended lines. If compressors, pressure relief devices, or agitators in organic HAP service are present within 50 meters of the monitoring boundary, the additional passive monitoring location specified in Section 8.2.1.3 in Method 325A of appendix A to this part must be used. (B) All equipment leak sources in gas or light liquid service (and in organic HAP service), including valves, pumps, connectors, sampling connections and open-ended lines, must be monitored using Method 21 of appendix A-7 to 40 CFR part 60 no less frequently than quarterly with no provisions for skip period monitoring, or according to the provisions of § 63.11(c) Alternative Work practice for monitoring equipment for leaks. For the purpose of this provision, a leak is detected if the instrument reading equals or exceeds the applicable limits in paragraphs (a)(2)(i)(B)( 1 5 ( 1 ( 2 ( 3 ( 4 ( 5 (C) All equipment leak sources in organic HAP service, including sources in gas, light liquid and heavy liquid service, must be inspected using visual, audible, olfactory, or any other detection method at least monthly. A leak is detected if the inspection identifies a potential leak to the atmosphere or if there are indications of liquids dripping. (ii) If there are 19 or fewer monitoring locations, the owner or operator must collect at least one co-located duplicate sample per sampling period and at least one field blank per sampling period. If there are 20 or more monitoring locations, the owner or operator must collect at least two co-located duplicate samples per sampling period and at least one field blank per sampling period. The co-located duplicates may be collected at any of the perimeter sampling. (iii) Samplers are not required to be placed along internal roads, waterways, or other right of ways that may bisect the facility. If a facility is bounded by a waterway on one or more sides, the shoreline is considered the facility property boundary. (3) The owner or operator must use a sampling period and sampling frequency as specified in paragraphs (a)(3)(i) through (iii) of this section. (i) Sampling period. (ii) Base sampling frequency. (iii) Alternative sampling frequency for burden reduction. (A) For the analyte of interest, if every sample at a monitoring site is at or below the level specified in paragraph (a)(4) of this section for 2 years (52 consecutive samples), every other sampling period can be skipped for that analyte for that monitoring site, i.e., (B) For the analyte of interest, if every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(3)(iii)(A) of this section is at or below the level specified in paragraph (a)(4) of this section for 2 years ( i.e., i.e., (C) For the analyte of interest, if every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(3)(iii)(B) of this section is at or below the level specified in paragraph (a)(4) of this section for 2 years ( i.e., i.e., (D) For the analyte of interest, if every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(3)(iii)(C) of this section is at or below the level specified in paragraph (a)(4) of this section for 2 years ( i.e., (E) If at any time a sample for a monitoring site that is monitored for the analyte at the frequency specified in paragraph (a)(3)(iii)(A) through (D) of this section returns a result for the analyte that is above the level specified in paragraph (a)(4) of this section, the sampling site must return to the original sampling requirements for the analyte of contiguous 14-day sampling periods with no skip periods for one quarter (six 14-day sampling periods). If every sample collected for the analyte during this quarter is at or below the level specified in paragraph (a)(4) of this section, the owner or operator may revert back to the reduced monitoring schedule applicable for that analyte for that monitoring site prior to the sample reading exceeding the level specified in paragraph (a)(4) of this section. If any sample collected for the analyte during this quarter is above the level specified in paragraph (a)(4) of this section, that monitoring site must return to the original sampling requirements for that analyte of contiguous 14-day sampling periods with no skip periods for a minimum of two years. The burden reduction requirements can be used again for that analyte for that monitoring site once the requirements of paragraph (a)(3)(iii)(A) of this section are met again, i.e., (4) To use the alternative sampling frequency outlined in paragraph (a)(3) of this section, an individual monitor must consistently achieve results for the analyte at or below the level specified in paragraphs (a)(4)(i) through (iii) of this section. (i) For benzene, the results must be consistently at or below 0.9 µg/m 3 (ii) For 1,3-butadiene, the results must be consistently at or below 0.3 µg/m 3 (iii) For ethylene dichloride, the results must be consistently at or below 0.4 µg/m 3 (b) The owner or operator must conduct sampling along the facility property boundary and analyze the samples in accordance with Method 327 of appendix A to this part and paragraphs (b)(1) through (3) of this section. (1) The owner or operator must monitor the target analyte(s), as specified in paragraphs (b)(1)(i) and (ii) of this section. (i) If an affected source uses, produces, stores, or emits ethylene oxide, the owner or operator must include ethylene oxide as a target analyte. (ii) If an affected source uses, produces, stores, or emits vinyl chloride, the owner or operator must include vinyl chloride as a target analyte. (2) The owner or operator must use a sampling period and sampling frequency as specified in paragraphs (b)(2)(i) and (ii) of this section. (i) Sampling period. (ii) Base sampling frequency. (iii) Alternative sampling frequency for burden reduction. 3 (A) If every sample at a monitoring site is at or below 0.3 µg/m 3 i.e., (B) If every sample at a sampling site that is monitored at the frequency specified in paragraph (b)(2)(iii)(A) of this section is at or below 0.3 µg/m 3 i.e., i.e., (C) If every sample at a sampling site that is monitored at the frequency specified in paragraph (b)(2)(iii)(B) of this section is at or below 0.3 µg/m 3 i.e., i.e., (D) If every sample at a sampling site that is monitored at the frequency specified in paragraph (b)(2)(iii)(C) of this section is at or below 0.3 µg/m 3 i.e., (E) If at any time a sample for a sampling site that is monitored at the frequency specified in paragraphs (b)(2)(iii)(A) through (E) of this section returns a result that is above 0.3 µg/m 3 3 3 3 i.e., 3 (3) The owner or operator must determine canister sample locations in accordance with paragraphs (b)(3)(i) through (v) of this section. (i) The monitoring perimeter must be located on or inside the facility property boundary. If the monitoring perimeter is located away from the facility property boundary, the monitoring perimeter must encompass all potential sources of the target analyte(s) specified in paragraph (b)(1) of this section that are located within the facility's property boundary. If the site contains process units that are disconnected ( i.e., (ii) The owner or operator must place 8 canisters around the monitoring perimeter during each sampling period. (iii) To determine sampling locations, measure the length of the monitoring perimeter. (A) Locate the point on the monitoring perimeter that is closest to sources of the target analyte(s). If one of the target analytes is ethylene oxide, this point must be the point on the monitoring perimeter that is closest to the sources of ethylene oxide. (B) If the monitoring perimeter is less than or equal to 5,000 meters, divide the monitoring perimeter into 8 evenly spaced sampling points, with one point located in accordance with the requirements of paragraph (b)(3)(iii)(A) of this section. (C) If the monitoring perimeter is greater than 5,000 meters, but less than or equal to 10,000 meters, divide the monitoring perimeter into 16 evenly spaced sampling points, with one point located in accordance with the requirements of paragraph (b)(3)(iii)(A) of this section. (D) If the monitoring perimeter is greater than 10,000 meters, divide the monitoring perimeter into 24 evenly spaced sampling points, with one point located in accordance with the requirements of paragraph (b)(3)(iii)(A) of this section. (iv) Place canisters on the monitoring perimeter at the sampling points as follows. (A) If there are only 8 sampling points for the site, monitor each sampling point during each sampling period. (B) If there are 16 sampling points for the site, number the sampling points consecutively along the monitoring perimeter. During the first sampling period, monitor the odd numbered sampling points. During the second sampling period, monitor the even numbered sampling points. Continue to alternate between the odd numbered and even numbered sampling points in subsequent sampling periods. (C) If there are 24 sampling points for the site, number the sampling points consecutively along the monitoring perimeter. During the first sampling period, monitor every third sampling point starting with the first sampling point ( i.e., i.e., i.e., i.e., (v) If the site consists of small areas disconnected from the main facility, additional monitors must be placed on these areas in accordance with paragraphs (b)(3)(v)(A) through (C) of this section. The monitoring perimeter for the disconnected area(s) must be located between the property boundary of the area and the process unit(s), such that the monitoring perimeter for the disconnected area encompasses all potential sources of the target analyte(s) specified in paragraph (b)(1) of this section. (A) If the disconnected area is less than 50 acres, the owner or operator must sample at two locations each sampling period. One location must be placed in the expected prevailing wind direction for the sampling period, downwind of the main source of emissions of the target analyte(s). The other location must be located on the monitoring perimeter at 180 degrees from the first sample location. (B) If the disconnected area is equal to or greater than 50 acres but less than or equal to 150 acres, the owner or operator must sample at four equally spaced locations. One sampling point must be located on the monitoring perimeter at the point that is closest to sources of the target analyte(s). If one of the target analytes is ethylene oxide, this point must be the point on the monitoring perimeter that is closest to the sources of ethylene oxide. (C) If the disconnected area is greater than 150 acres, the sampling points for the disconnected area must be determined according to paragraphs (b)(3)(ii) through (iv) of this section. (4) At least one co-located duplicate sample and at least one field blank must be collected per sampling period. (5) The owner or operator must follow the procedures in Method 327 of appendix A to this part to determine the detection limit of the target analyte(s) and requirements for quality assurance samples. (c) The owner or operator must collect and record meteorological data according to the applicable requirements in paragraphs (c)(1) through (3) of this section. (1) If monitoring is conducted under paragraph (b) of this section, if a near-field source correction is used as provided in paragraph (g)(2) of this section, or if an alternative test method is used that provides time-resolved measurements, the owner or operator must use an on-site meteorological station in accordance with Section 8.3 of Method 325A of appendix A to this part. Collect and record hourly average meteorological data, including temperature, barometric pressure, wind speed and wind direction and calculate daily unit vector wind direction and daily sigma theta. (2) For cases other than those specified in paragraph (c)(1) of this section, the owner or operator must collect and record sampling period average temperature and barometric pressure using either an on-site meteorological station in accordance with Section 8.3 of Method 325A of appendix A to this part or, alternatively, using data from a National Weather Service (NWS) meteorological station provided the NWS meteorological station is within 40 kilometers (25 miles) of the facility. (3) If an on-site meteorological station is used, the owner or operator must follow the calibration and standardization procedures for meteorological measurements in EPA-454/B-08-002 (incorporated by reference, see § 63.14). (d) Within 45 days of completion of each sampling period, the owner or operator must determine whether the results are above or below the action level for each measured compound as follows. If the owner or operator is required to monitor any small disconnected area(s) of the facility under paragraph (b)(3)(v) of this section, the procedure for determining whether the results are above or below the action level for each measured compound must be performed for the disconnected area(s) separately. (1) The owner or operator must determine the facility impact on the concentration (Δc) of each compound for each sampling period according to either paragraph (d)(1)(i) or (ii) of this section, as applicable. (i) Except when near-field source correction is used as provided in paragraph (d)(1)(ii) of this section, the owner or operator must determine the highest and lowest sample results for each compound individually from the sample pool and calculate each compound's Δc as the difference in these concentrations. Co-located samples must be averaged together for the purposes of determining the concentration at a particular sampling location, and, if applicable, for determining Δc. The owner or operator must adhere to the following procedures when one or more samples for the sampling period are below the method detection limit for a particular compound: (A) If the lowest detected value of a compound is below detection, the owner or operator must use zero as the lowest sample result when calculating Δc. (B) If all sample results are below the method detection limit, the owner or operator must use the highest method detection limit for the sample set as the highest sample result and zero as the lowest sample result when calculating Δc. (C) In the case of co-located samples, if one sample is above the method detection limit while the other sample is below the method detection limit, the owner or operator must use the method detection limit as the result for the sample that is below the method detection limit for purposes of averaging the results to determine the concentration at a particular sampling location, and, if applicable, for determining Δc. (ii) When near-field source correction for a compound is used as provided in paragraph (g) of this section, the owner or operator must determine Δc using the calculation protocols outlined in paragraph (d)(1)(i) of this section, except as provided in this paragraph (d)(1)(ii), and the additional requirements in paragraph (g)(2) of this section, as well as any additional requirements outlined in the approved site-specific monitoring plan. The Δc for the compound for the sampling period is equal to the higher of the values in paragraphs (d)(1)(ii)(A) and (B) of this section. (A) The highest corrected sample result for the compound from a sampling location where near-field source correction for the compound is used during the sampling period. (B) The difference in concentration between the highest sample result that was not corrected for a near-field source for the compound during the sampling period and the lowest sample result for the compound for the sampling period. (2) The owner or operator must calculate the annual average Δc for each monitored compound as follows: (i) For sampling conducted under paragraph (a) of this section, the annual average Δc for each compound is based on the average of the Δc values for the 26 most recent 14-day sampling periods. The owner or operator must update this annual average value after receiving the results of each subsequent 14-day sampling period. (ii) For sampling conducted under paragraph (b) of this section, the annual average Δc for each compound is based on the average of the Δc values for the 73 most recent sampling periods. The owner or operator must update this annual average value after receiving the results of each subsequent sampling period. (3) The action level for each compound is listed in paragraphs (d)(3)(i) through (vi) of this section. If the annual average Δc value for a compound is greater than the listed action level for the compound, the concentration is above the action level, and the owner or operator must conduct a root cause analysis and corrective action in accordance with paragraph (e) of this section. (i) The action level for benzene is 9 micrograms per cubic meter (µg/m 3 (ii) The action level for 1,3-butadiene is 3 µg/m 3 (iii) The action level for chloroprene is 0.8 µg/m 3 (iv) The action level for ethylene oxide is 0.2 µg/m 3 (v) The action level for vinyl chloride is 3 µg/m 3 (vi) The action level for ethylene dichloride is 4 µg/m 3 (e) Once any action level in paragraph (d)(3) of this section has been exceeded, the owner or operator must take the following actions to bring the annual average Δc back below the action level(s). (1) Within 5 days of updating the annual average value as required in paragraph (d)(2) of this section and determining that any action level in paragraph (d)(3) of this section has been exceeded ( i.e., (i) The initial root cause analysis may include, but is not limited to: (A) Leak inspection using Method 21 of appendix A-7 to 40 CFR part 60, optical gas imaging, or handheld monitors. (B) Visual inspection to determine the cause of the high emissions. (C) Operator knowledge of process changes ( e.g., (ii) If the initial root cause cannot be identified using the type of techniques described in paragraph (e)(1)(i) of this section, the owner or operator must employ more frequent sampling and analysis to determine the root cause of the exceedance. (A) The owner or operator may first employ additional monitoring points and shorter sampling periods for Methods 325A and 325B of appendix A to this part for benzene, 1,3-butadiene, chloroprene, or ethylene dichloride or more frequent sampling with Method 327 of appendix A to this part for ethylene oxide or vinyl chloride to determine the root cause of the exceedance. (B) If the owner or operator has not determined the root cause of the exceedance within 30 days of determining that the action level has been exceeded, the owner or operator must employ the appropriate real-time sampling techniques ( e.g., (2) If the underlying primary and other contributing causes of the exceedance are deemed to be under the control of the owner or operator, the owner or operator must take appropriate corrective action as expeditiously as possible to bring annual average fenceline concentrations back below the action level(s) set forth in paragraph (d)(3) of this section. At a minimum, the corrective actions taken must address the underlying primary and other contributing cause(s) determined in the root cause analysis to prevent future exceedances from the same underlying cause(s). (3) The root cause analysis must be completed and initial corrective actions taken no later than 45 days after determining there is an exceedance of an action level. (4) Until the annual average Δc is below the action level again, following completion of the initial corrective action, the owner or operator must conduct a new root cause analysis according to this paragraph (e), and if required, submit a corrective action plan under paragraph (f) of this section following any sampling period for which the sampling start time begins after the completion of the initial corrective actions and for which the Δc for the sampling period is greater than the level specified in paragraphs (e)(4)(i) through (vi) of this section for the compound(s) that initially exceeded the action level. (i) For benzene, a sampling period Δc of 9 µg/m 3 (ii) For 1,3-butadiene, a sampling period Δc of 3 µg/m 3 (iii) For chloroprene, a sampling period Δc of 0.8 µg/m 3 (iv) For ethylene dichloride, a sampling period Δc of 4 µg/m 3 (v) For ethylene oxide, a sampling period Δc of 0.2 µg/m 3 (vi) For vinyl chloride, a sampling period Δc of 3 µg/m 3 (f) An owner or operator must develop a corrective action plan if the conditions in paragraphs (f)(1), (2), or (3) of this section are met. The corrective action plan must describe the corrective action(s) completed to date, additional measures that the owner or operator proposes to employ to reduce annual average fenceline concentrations below the action level(s) set forth in paragraph (d)(3) of this section, and a schedule for completion of these measures. The corrective action plan does not need to be approved by the Administrator. However, if upon review, the Administrator disagrees with the additional measures outlined in the plan, the owner or operator must revise and resubmit the plan within 7 calendar days of receiving comments from the Administrator. (1) If the compound that exceeded the action level was benzene, 1,3-butadiene, chloroprene, or ethylene dichloride, the owner or operator must develop a corrective action plan if, upon completion of the root cause analysis and initial corrective actions required in paragraph (e) of this section, the Δc value for the next sampling period, for which the sampling start time begins after the completion of the initial corrective actions, is greater than the level specified in paragraphs (f)(1)(i) through (iv) of this section for the compound(s) that initially exceeded the action level. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the Δc value for the sampling period following the completion of the initial corrective action is greater than the level specified in paragraphs (f)(1)(i) through (iv) of this section. (i) For benzene, a sampling period Δc of 9 µg/m 3 (ii) For 1,3-butadiene, a sampling period Δc of 3 µg/m 3 (iii) For chloroprene, a sampling period Δc of 0.8 µg/m 3 (iv) For ethylene dichloride, a sampling period Δc of 4 µg/m 3 (2) If the compound that exceeded the action level was ethylene oxide or vinyl chloride, the owner or operator must develop a corrective action plan if, upon completion of the root cause analysis and initial corrective actions required in paragraph (e) of this section, the Δc value for any of the next three sampling periods, for which the sampling start time begins after the completion of the initial corrective actions, is greater than the level specified in paragraphs (f)(2)(i) and (ii) of this section for the compound(s) that initially exceeded the action level. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the Δc value for the sampling period following the completion of the initial corrective action is greater than the level specified in paragraphs (f)(2)(i) and (ii) of this section. (i) For ethylene oxide, a sampling period Δc of 0.2 µg/m 3 (ii) For vinyl chloride, a sampling period Δc of 3 µg/m 3 (3) The owner or operator must develop a corrective action plan if complete implementation of all corrective measures identified in the root cause analysis required by paragraph (e) of this section will require more than 45 days. The owner or operator must submit the corrective action plan to the Administrator no later than 60 days following the completion of the root cause analysis required in paragraph (e) of this section. (g) An owner or operator may request approval from the Administrator for a site-specific monitoring plan to account for offsite upwind sources according to the requirements in paragraphs (g)(1) through (4) of this section. (1) The owner or operator must prepare and submit a site-specific monitoring plan and receive approval of the site-specific monitoring plan prior to using the near-field source alternative calculation for determining Δc provided in paragraph (g)(2) of this section. The site-specific monitoring plan must include, at a minimum, the elements specified in paragraphs (g)(1)(i) through (vi) of this section. The procedures in Section 12 of Method 325A of appendix A to this part are not required, but may be used, if applicable, when determining near-field source contributions. (i) Identification of the near-field source or sources. (ii) Location of the additional monitoring stations that will be used to determine the near-field source concentration contribution. The owner or operator must use additional monitoring stations to determine the near-field source contribution. (iii) Identification of the fenceline monitoring locations impacted by the near-field source. If more than one near-field source is present, identify the near-field source or sources that are expected to contribute to the concentration at that monitoring location. (iv) A description of (including sample calculations illustrating) the planned data reduction; the treatment of invalid data, data below detection limits, and data collected during calm wind periods; and calculations to determine the near-field source concentration contribution for each monitoring location. (v) A detailed description of the measurement technique, measurement location(s), the standard operating procedures, measurement frequency, recording frequency, measurement detection limit, and data quality indicators to ensure accuracy, precision, and validity of the data. (vi) A detailed description of how data will be handled during periods of calm wind conditions ( i.e., (2) When an approved site-specific monitoring plan is used, the owner or operator must determine Δc for comparison with the action level according to paragraph (d) of this section. When determining the highest and lowest sample results for use in the Δc calculation, the concentration for any monitor that has been corrected using an approved site-specific monitoring plan will be corrected according to the procedures specified in paragraphs (g)(2)(i) and (ii) of this section. (i) For each monitoring location corrected using the site-specific monitoring plan, the corrected fenceline concentration at that monitoring station will be equal to the fenceline concentration measured with Methods 325A and 325B or Method 327 of appendix A to this part minus the near-field source contributing concentration at the measurement location determined using the additional measurements and calculation procedures included in the site-specific monitoring plan. (ii) If the fenceline concentration at the monitoring station is below the method detection limit for Methods 325A and 325B or Method 327 of appendix A to this part, no near-field source contribution can be subtracted from that monitoring station for that sampling period. (3) The site-specific monitoring plan must be submitted and approved as described in paragraphs (g)(3)(i) through (iv) of this section. (i) The site-specific monitoring plan must be submitted to the Administrator for approval. (ii) The site-specific monitoring plan must also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Hazardous Organic Chemical Manufacturing Sector Lead, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies may also be submitted to fencelineplan@epa.gov. (iii) The Administrator will approve or disapprove the plan in 90 days. The plan is considered approved if the Administrator either approves the plan in writing or fails to disapprove the plan in writing. The 90-day period begins when the Administrator receives the plan. (iv) If the Administrator finds any deficiencies in the site-specific monitoring plan and disapproves the plan in writing, the owner or operator may revise and resubmit the site-specific monitoring plan following the requirements in paragraphs (g)(3)(i) and (ii) of this section. The 90-day period starts over with the resubmission of the revised monitoring plan. (4) The approval by the Administrator of a site-specific monitoring plan will be based on the completeness, accuracy and reasonableness of the request for a site-specific monitoring plan. Factors that the Administrator will consider in reviewing the request for a site-specific monitoring plan include, but are not limited to, those described in paragraphs (g)(4)(i) through (v) of this section. (i) The identification of the near-field source or sources and evidence of how the sources impact the fenceline concentrations. (ii) The location(s) selected for additional monitoring to determine the near-field source concentration contribution. (iii) The identification of the fenceline monitoring locations impacted by the near-field source or sources. (iv) The appropriateness of the planned data reduction and calculations to determine the near-field source concentration contribution for each monitoring location, including the handling of invalid data, data below the detection limit, and data during calm periods. (v) The adequacy of the description of and rationale for the measurement technique, measurement location(s), the standard operation procedure, measurement frequency, recording frequency, measurement detection limit, and data quality indicators to ensure accuracy, precision, and validity of the data. (h) The owner or operator must comply with the applicable recordkeeping and reporting requirements in §§ 63.181 and 63.182. (i) As outlined in § 63.7(f), the owner or operator may submit a request for an alternative test method. At a minimum, the request must follow the requirements outlined in paragraphs (i)(1) through (7) of this section. (1) The alternative method may be used in lieu of all or a partial number of passive samplers required in Method 325A of appendix A to this part or the canister sampling locations required under paragraph (b) of this section. (2) The alternative method must be validated according to Method 301 in appendix A to this part or contain performance-based procedures and indicators to ensure self-validation. (3) The method detection limit must nominally be at least one-third of the action level for the compound(s) that will be monitored with the alternative method. The alternate test method must describe the procedures used to provide field verification of the detection limit. (4) If the alternative test method will be used to replace some or all passive samplers required under paragraph (a) of this section, the spatial coverage must be equal to or better than the spatial coverage provided in Method 325A of appendix A to this part. If the alternative test method will be used to replace some or all canisters required under paragraph (b) of this section, the spatial coverage must be equal to or better than the spatial coverage provided under paragraph (b) of this section. (i) For path average concentration open-path instruments, the physical path length of the measurement must be no more than a passive sample footprint (the spacing that would be provided by the sorbent traps when following Method 325A of appendix A to this part) or canister sample footprint, as applicable. For example, if Method 325A requires spacing monitors A and B 610 meters (2,000 feet) apart, then the physical path length limit for the measurement at that portion of the fenceline must be no more than 610 meters (2,000 feet). (ii) For range resolved open-path instrument or approach, the instrument or approach must be able to resolve an average concentration over each passive sampler footprint or canister sample footprint within the path length of the instrument. (iii) The extra samplers required in Sections 8.2.1.3 of Method 325A of appendix A to this part may be omitted when they fall within the path length of an open-path instrument. (5) At a minimum, non-integrating alternative test methods must provide a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (6) For alternative test methods capable of real time measurements (less than a 5 minute sampling and analysis cycle), the alternative test method may allow for elimination of data points corresponding to outside emission sources for purpose of calculation of the high point for the two week average. The alternative test method approach must have wind speed, direction and stability class of the same time resolution and within the footprint of the instrument. (7) For purposes of averaging data points to determine the Δc for the individual sampling period, all results measured under the method detection limit must use the method detection limit. For purposes of averaging data points for the individual sampling period low sample result, all results measured under the method detection limit must use zero. [89 FR 43228, May 16, 2024] Table 1 to Subpart H of Part 63—Batch Processes [Monitoring frequency for equipment other than connectors] Operating time Equivalent continuous process monitoring frequency time in use Monthly Quarterly Semiannually 0 to <25 Quarterly Annually Annually. 25 to <50 Quarterly Semiannually Annually. 50 to <75 Bimonthly Three times Semiannually. 75 to 100 Monthly Quarterly Semiannually. [89 FR 43234, May 16, 2024] Table 2 to Subpart H of Part 63—Surge Control Vessels and Bottoms Receivers at Existing Sources Vessel capacity Vapor pressure 1 75 ≤ capacity <151 ≥13.1 151 ≤ capacity a 1 [89 FR 43234, May 16, 2024] Table 3 to Subpart H of Part 63—Surge Control Vessels and Bottoms Receivers at New Sources Vessel capacity Vapor pressure 1 38 ≤ capacity <151 ≥13.1 151 ≤ capacity ≥0.7 1 [89 FR 43234, May 16, 2024] Table 4 to Subpart H of Part 63—Applicable 40 CFR Part 63 General Provisions 40 CFR part 63, subpart A, provisions applicable to subpart H § 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4). § 63.2. § 63.5(a)(1), (a)(2), (b), (d)(1)(ii), (d)(4), (e), (f)(1) and (f)(2). § 63.6(a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j). § 63.9(a)(2), (b)(4)(i), a a § 63.10(d)(4). § 63.11 (c), (d), and (e). § 63.12(b). a [89 FR 43234, May 16, 2024] Subpart I—National Emission Standards for Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks Source: 59 FR 19587, Apr. 22, 1994, unless otherwise noted. § 63.190 Applicability and designation of source. (a) This subpart provides applicability provisions, definitions, and other general provisions that are applicable to sources subject to this subpart. (b) Except as provided in paragraph (b)(7) of this section, the provisions of subparts I and H of this part apply to emissions of the designated organic HAP from the processes specified in paragraphs (b)(1) through (b)(6) of this section that are located at a plant site that is a major source as defined in section 112(a) of the Act. The specified processes are further defined in § 63.191. (1) Styrene-butadiene rubber production (butadiene and styrene emissions only). (2) Polybutadiene rubber production (butadiene emissions only). (3) The processes producing the agricultural chemicals listed in paragraphs (b)(3)(i) through (b)(3)(v) of this section (butadiene, carbon tetrachloride, methylene chloride, and ethylene dichloride emissions only). (i) Captafol ®, (ii) Captan ®, (iii) Chlorothalonil, (iv) Dacthal, and (v) Tordon ® acid. (4) Processes producing the polymers/resins or other chemical products listed in paragraphs (b)(4)(i) through (b)(4)(vi) of this section (carbon tetrachloride, methylene chloride, tetrachloroethylene, chloroform, and ethylene dichloride emissions only). (i) Hypalon ®, (ii) Oxybisphenoxarsine/1,3-diisocyanate (OBPA ®), (iii) Polycarbonates, (iv) Polysulfide rubber, (v) Chlorinated paraffins, and (vi) Symmetrical tetrachloropyridine. (5) Pharmaceutical production processes using carbon tetrachloride or methylene chloride (carbon tetrachloride and methylene chloride emissions only). (6) Processes producing the polymers/resins or other chemical products listed in paragraphs (b)(6)(i) through (b)(6)(v) of this section (butadiene emissions only). (i) [Reserved] (ii) Methylmethacrylate-butadiene-styrene resins (MBS) (iii) Butadiene-furfural cotrimer, (iv) Methylmethacrylate-acrylonitrile-butadiene-styrene (MABS) resins, and (v) Ethylidene norbornene. (7) The owner or operator of a plant site at which a process specified in paragraphs (b)(1) through (b)(6) of this section is located is exempt from all requirements of this subpart I until not later than April 22, 1997 if the owner or operator certifies, in a notification to the appropriate EPA Regional Office, not later than May 14, 1996, that the plant site at which the process is located emits, and will continue to emit, during any 12-month period, less than 10 tons per year of any individual HAP, and less than 25 tons per year of any combination of HAP. (i) If such a determination is based on limitations and conditions that are not federally enforceable (as defined in subpart A of this part), the owner or operator shall document the basis for the determination as specified in paragraphs (b)(7)(i)(A) through (b)(7)(i)(C). (A) The owner or operator shall identify all HAP emission points at the plant site, including those emission points subject to and emission points not subject to subparts F, G, and H of this part; (B) The owner or operator shall calculate the amount of annual HAP emissions released from each emission point at the plant site, using acceptable measurement or estimating techniques for maximum expected operating conditions at the plant site. Examples of estimating procedures that are considered acceptable include the calculation procedures in § 63.150 of subpart G, the early reduction demonstration procedures specified in §§ 63.74(c)(2), (c)(3), (d)(2), (d)(3), and (g), or accepted engineering practices. If the total annual HAP emissions for the plant site are annually reported under EPCRA section 313, then such reported annual emissions may be used to satisfy the requirements of this paragraph. (C) The owner or operator shall sum the amount of annual HAP emissions from all emission points on the plant site. If the total emissions of any one HAP are less than 10 tons per year and the total emissions of any combination of HAP are less than 25 tons per year, the plant site qualifies for the exemption described in paragraph (b)(7) of this section, provided that emissions are kept below these thresholds. (ii) If such a determination is based on limitations and conditions that are federally enforceable, and the plant site is not a major source (as defined in subpart A of this part), the owner or operator is not subject to the provisions of paragraph (b)(7) of this section. (c) The owner or operator of a process listed in paragraph (b) of this section that does not have the designated organic hazardous air pollutants present in the process shall comply only with the requirements of § 63.192(k) of this subpart. To comply with this subpart, such processes shall not be required to comply with the provisions of subpart A of this part. (d) For the purposes of subparts I and H of this part, the source includes pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, and instrumentation systems that are associated with the processes identified in paragraph (b) of this section and are intended to operate in organic hazardous air pollutant service (as defined in § 63.191 of this subpart) for 300 hours or more during the calendar year. If specific items of equipment, comprising part of a process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.) those items of equipment may be aggregated with any process unit within the source for all purposes under subpart H of this part, providing there is no delay in the applicable compliance date in paragraph (e) of this section. (e) The owner or operator of a process subject to this subpart is required to comply with the provisions of subpart H of this part on or before the dates specified in paragraph (e)(1) or (e)(2) of this section, unless the owner or operator eliminates the use or production of all HAP's that cause the process to be subject to this rule no later than 18 months after April 22, 1994. (1) New sources that commence construction or reconstruction after December 31, 1992 shall comply upon initial start-up or April 22, 1994. (2) Existing sources shall comply no later than October 24, 1994, except as provided in paragraphs (e)(3) through (e)(6) of this section or unless an extension has been granted by the EPA Regional Office or operating permit authority, as provided in § 63.6(i) of subpart A of this part. (3) Existing process units shall be in compliance with the requirements of § 63.164 of subpart H no later than May 10, 1995, for any compressor meeting one or more of the criteria in paragraphs (e)(3)(i) through (e)(3)(iv) of this section, if the work can be accomplished without a process unit shutdown, as defined in § 63.161. (i) The seal system will be replaced; (ii) A barrier fluid system will be installed; (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system; or (iv) The compressor must be modified to permit connecting the compressor to a closed vent system. (4) Existing process units shall be in compliance with the requirements of § 63.164 of subpart H no later than January 23, 1996, for any compressor meeting the criteria in paragraphs (e)(4)(i) through (e)(4)(iv) of this section. (i) The compressor meets one or more of the criteria specified in paragraphs (e)(3) (i) through (iv) of this section; (ii) The work can be accomplished without a process unit shutdown as defined in § 63.161; (iii) The additional time is actually necessary due to the unavailability of parts beyond the control of the owner or operator; and (iv) The owner or operator submits a request to the appropriate EPA Regional Office at the addresses listed in § 63.13 of subpart A of this part no later than May 10, 1995. The request shall include the information specified in paragraphs (e)(4)(iv)(A) through (e)(4)(iv)(E) of this section. Unless the EPA Regional Office objects to the request within 30 days after receipt, the request shall be deemed approved. (A) The name and address of the owner or operator and the address of the existing source if it differs from the address of the owner or operator; (B) The name, address, and telephone number of a contact person for further information; (C) An identification of the process unit, and of the specific equipment for which additional compliance time is required; (D) The reason compliance cannot reasonably be achieved by May 10, 1995; and (E) The date by which the owner or operator expects to achieve compliance. (5)(i) If compliance with the compressor provisions of § 63.164 of subpart H of this part cannot reasonably be achieved without a process unit shutdown, as defined in § 63.161 of subpart H, the owner or operator shall achieve compliance no later than April 22, 1996, except as provided in paragraph (e)(5)(ii) of this section. The owner or operator who elects to use this provision shall also comply with the requirements of § 63.192(m) of this subpart. (ii) If compliance with the compressor provisions of § 63.164 of subpart H of this part cannot be achieved without replacing the compressor or recasting the distance piece, the owner or operator shall achieve compliance no later than April 22, 1997. The owner or operator who elects to use this provision shall also comply with the requirements of § 63.192(m) of this subpart. (6) Existing sources shall be in compliance with the provisions of § 63.170 of subpart H no later than April 22, 1997. (f) The provisions of subparts I and H of this part do not apply to research and development facilities or to bench-scale batch processes, regardless of whether the facilities or processes are located at the same plant site as a process subject to the provisions of subpart I and H of this part. (g)(1) If an additional process unit specified in paragraph (b) of this section is added to a plant site that is a major source as defined in Section 112(a) of the CAA, the addition shall be subject to the requirements for a new source in subparts H and I of this part if: (i) It is an addition that meets the definition of construction in § 63.2 of subpart A of this part; (ii) Such construction commenced after December 31, 1992; and (iii) The addition has the potential to emit 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP's, unless the Administrator establishes a lesser quantity. (2) If any change is made to a process subject to this subpart, the change shall be subject to the requirements for a new source in subparts H and I of this part if: (i) It is a change that meets the definition of reconstruction in § 63.2 of subpart A of this part; (ii) Such reconstruction commenced after December 31, 1992. (3) If an additional process unit is added to a plant site or a change is made to a process unit and the addition or change is determined to be subject to the new source requirements according to paragraphs (g)(1) or (g)(2) of this section: (i) The new or reconstructed source shall be in compliance with the new source requirements of subparts H and I of this part upon initial start-up of the new or reconstructed source or by April 22, 1994, whichever is later; and (ii) The owner or operator of the new or reconstructed source shall comply with the reporting and recordkeeping requirements in subparts H and I of this part that are applicable to new sources. The applicable reports include, but are not limited to: (A) Reports required by § 63.182(b), if not previously submitted, § 63.182 (c) and (d) of subpart H of this part; and (B) Reports and notifications required by sections of subpart A of this part that are applicable to subparts H and I of this part, as identified in § 63.192(a) of this subpart. (4) If an additional process unit is added to a plant site, if a surge control vessel or bottoms receiver becomes subject to § 63.170 of subpart H, or if a compressor becomes subject to § 63.164 of subpart H, and if the addition or change is not subject to the new source requirements as determined according to paragraphs (g)(1) or (g)(2) of this section, the requirements in paragraphs (g)(4)(i) through (g)(4)(iii) of this section shall apply. Examples of process changes include, but are not limited to, changes in production capacity, feedstock type, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: process upsets, unintentional temporary process changes, and changes that are within the equipment configuration and operating conditions documented in the Notification of Compliance Status required by § 63.182(c) of subpart H of this part. (i) The added emission point(s) and any emission point(s) within the added or changed process unit are subject to the requirements of subparts H and I of this part for an existing source; (ii) The added emission point(s) and any emission point(s) within the added or changed process unit shall be in compliance with subparts H and I of this part by the dates specified in paragraphs (g)(4)(ii)(A) or (g)(4)(ii)(B) of this section, as applicable. (A) If a process unit is added to a plant site or an emission point(s) is added to an existing process unit, the added process unit or emission point(s) shall be in compliance upon initial start-up of the added process unit or emission point(s) or by April 22, 1997, whichever is later. (B) If a surge control vessel or bottoms receiver becomes subject to § 63.170 of subpart H, if a compressor becomes subject to § 63.164 of subpart H, or if a deliberate operational process change causes equipment to become subject to subpart H of this part, the owner or operator shall be in compliance upon initial start-up or by April 22, 1997, whichever is later, unless the owner or operator demonstrates to the Administrator that achieving compliance will take longer than making the change. The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. The Administrator shall approve the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. (iii) The owner or operator of a process unit or emission point that is added to a plant site and is subject to the requirements for existing sources shall comply with the reporting and recordkeeping requirements of subparts H and I of this part that are applicable to existing sources, including, but not limited to, the reports listed in paragraphs (g)(4)(iii)(A) and (g)(4)(iii)(B) of this section. (A) Reports required by § 63.182 of subpart H of this part; and (B) Reports and notifications required by sections of subpart A of this part that are applicable to subparts H and I of this part, as identified in § 63.192(a) of this subpart. (h) Rules stayed for reconsideration. (i) Sections stayed for reconsideration. (j) If a change that does not meet the criteria in paragraph (g)(4) of this section is made to a process unit subject to subparts H and I of this part, and the change causes equipment to become subject to the provisions of subpart H of this part, then the owner or operator shall comply with the requirements of subpart H of this part for the equipment as expeditiously as practical, but in no event later than three years after the equipment becomes subject. (1) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. (2) The Administrator shall approve the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. [59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 59 FR 53360, Oct. 24, 1994; 59 FR 54132, Oct. 28, 1994; 60 FR 5321, Jan. 27, 1995; 60 FR 18025, Apr. 10, 1995; 61 FR 7718, Feb. 29, 1996; 61 FR 31441, June 20, 1996; 62 FR 2792, Jan. 17, 1997] § 63.191 Definitions. (a) The following terms as used in subparts I and H of this part shall have the meaning given them in subpart A of this part: Act, Administrator, approved permit program, commenced, compliance date, construction, effective date, EPA, equivalent emission limitation, existing source, Federally enforceable, hazardous air pollutant, lesser quantity, major source, malfunction, new source, owner or operator, performance evaluation, performance test, permit program, permitting authority, reconstruction, relevant standard, responsible official, run, standard conditions, State, and stationary source. (b) All other terms used in this subpart and in subpart H of this part shall have the meaning given them in the Act and in this section. If the same term is defined in subpart A or H of this part and in this section, it shall have the meaning given in this section for purposes of subparts I and H of this part. Bench-scale batch process Bottoms receiver Butadiene-furfural cotrimer (R-11) Captafol Captan Chlorinated paraffins Chlorothalonil Dacthal TM TM Ethylidene Norbornene Hypalon TM chlorosulfonated polyethylene Initial start-up In organic hazardous air pollutant service in organic HAP service Methyl Methacrylate-Acrylonitrile-Butadiene-Styrene (MABS) Resins Methyl Methacrylate-Butadiene-Styrene (MBS) Resins On-site On site Oxybisphenoxarsine (OBPA)/1,3-Diisocyanate Pharmaceutical production process Polybutadiene production Polycarbonates Polysulfide rubber Process Unit Research and development facility Source affected source source Styrene-butadiene rubber production Surge control vessel Symmetrical tetrachloropyridine Tordon acid TM TM [59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR 2792, Jan. 17, 1997] § 63.192 Standard. (a)(1) The owner or operator of a source subject to this subpart shall comply with the requirements of subpart H of this part for the processes and designated organic HAP's listed in § 63.190(b) of this subpart. (2) The owner or operator of a pharmaceutical production process subject to this subpart may define a process unit as a set of operations, within a source, producing a product, as all operations collocated within a building or structure or as all affected operations at the source. (b) All provisions in §§ 63.1 through 63.15 of subpart A of this part which apply to owners and operators of sources subject to subparts I and H of this part, are: (1) The applicability provisions of § 63.1 (a)(1), (a)(2), (a)(10), (a)(12) through (a)(14); (2) The definitions of § 63.2 unless changed or modified by specific entry in § 63.191 or § 63.161; (3) The units and abbreviations in § 63.3; (4) The prohibited activities and circumvention provisions of § 63.4 (a)(1), (a)(2), (a)(3), (a)(5), and (b); (5) The construction and reconstruction provisions of § 63.5(a), (b)(1), (b)(3), (d) (except the review is limited to the equipment subject to the provisions of subpart H), (e), and (f); (6)(i) Except as specified in paragraph (b)(12) of this section, the compliance with standards and maintenance requirements of § 63.6(a), (b)(3), (c)(5), (e), (i)(1), (i)(2), (i)(4)(i)(A), (i)(6)(i), (i)(8) through (i)(10), (i)(12) through (i)(14), (i)(16), and (j); (ii) Except as specified in paragraph (b)(12) of this section, the operational and maintenance requirements of § 63.6(e). The startup, shutdown, and malfunction plan requirement of § 63.6(e)(3) is limited to control devices subject to the provisions of subpart H of this part and is optional for other equipment subject to subpart H. The startup, shutdown, and malfunction plan may include written procedures that identify conditions that justify a delay of repair. On and after July 15, 2027, the last two sentences of this paragraph do not apply. (7) With respect to flares, except as specified in paragraph (b)(12) of this section, the performance testing requirements of § 63.7(a)(3), (d), (e)(1), (e)(2), (e)(4), and (h); (8) The notification requirements of § 63.9 (a)(1), (a)(3), (a)(4), (b)(1)(i), (b)(4), (b)(5) (except, use the schedule specified in subpart H), (c), (d), and (i); (9) The recordkeeping and reporting requirements of § 63.10(a) and (f); (10) Except as specified in paragraph (b)(12) of this section, the control device requirements of § 63.11(b); and (11) The provisions of § 63.12 through § 63.15. (12) On and after July 15, 2027, § 63.6(e)(1)(i), (e)(1)(ii), and (e)(3), § 63.7(e)(1), and § 63.11(b) do not apply. Instead, you must comply with paragraphs (b)(12)(i) through (iii) of this section. (i) The owner or operator of a source subject to this subpart shall comply with the requirements at all times, except during periods of nonoperation of the source (or specific portion thereof) resulting in cessation of the emissions to which this subpart or subpart H of this part applies. (ii) At all times, owners and operators subject to this subpart must operate and maintain any source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require owners and operators to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (iii) Owners and operators that use a flare to comply with this subpart must comply with § 63.108. (c) Initial performance tests and initial compliance determinations shall be required only as specified in subpart H of this part. (1) Performance tests and compliance determinations shall be conducted according to the applicable sections of subpart H. (2) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 days before the performance test is scheduled to allow the Administrator the opportunity to have an observer present during the test. Note: This requirement does not apply to equipment subject to monitoring using Method 21 of part 60, appendix A. (3) Performance tests shall be conducted according to the provisions of § 63.7(e), except that performance tests shall be conducted at maximum representative operating conditions for the process except as specified in paragraph (c)(5) of this section. During the performance test, an owner or operator may operate the control or recovery device at maximum or minimum representative operating conditions for monitored control or recovery device parameters, whichever results in lower emission reduction. (4) Data shall be reduced in accordance with the EPA-approved methods specified in the applicable subpart, or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part. (5) On and after July 15, 2027, in lieu of the requirements specified in § 63.7(e)(1) you must conduct performance tests under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (d) An application for approval of construction or reconstruction, 40 CFR 63.5 of this chapter, will not be required if: (1) The new process unit complies with the applicable standards in § 63.162 or § 63.178 of subpart H of this part; and (2) In the next semiannual report required by § 63.182(d) of subpart H of this part, the information in § 63.182(c) of subpart H of this part is reported. (e) If an owner or operator of a process plans to eliminate the use or production of all HAP's that cause the process to be subject to the provisions of subparts I and H of this part no later than 18 months after April 22, 1994, the owner or operator shall submit to the Administrator a brief description of the change, identify the HAP's eliminated, and the expected date of cessation of operation of the current process, by no later than January 23, 1995. (f) Each owner or operator of a source subject to subparts I and H of this part shall keep copies of all applicable reports and records required by subpart H for at least 2 years, except as otherwise specified in subpart H. If an owner or operator submits copies of reports to the applicable EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of reports. (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. (2) The owner or operator subject to subparts I and H of this part shall keep the records specified in this paragraph, as well as records specified in subpart H of this part. (i) Records of the occurrence and duration of each start-up, shutdown, and malfunction of operation of a process subject to this subpart as specified in § 63.190(b). On and after July 15, 2027, this paragraph no longer applies; however, for historical compliance purposes, a copy of these records must be retained and available on-site for at least five years after the date of occurrence. (ii) Records of the occurrence and duration of each malfunction of air pollution control equipment or continuous monitoring systems used to comply with subparts I and H of this part. (iii) For each start-up, shutdown, and malfunction, records that the procedures specified in the source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. These records may take the form of a “checklist,” or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event. On and after July 15, 2027, this paragraph no longer applies; however, for historical compliance purposes, a copy of the plan and these records must be retained and available on-site for at least five years after the date of occurrence. (g) All reports required under subpart H shall be submitted as required in § 63.182. (1) Wherever subpart A specifies “postmark” dates, submittals may be sent by methods other than the U.S. Mail (e.g., by fax or courier). Submittals shall be sent on or before the specified date. (2) If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media. (h) If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in organic HAP emissions at least equivalent to the reduction in organic HAP emissions from that source achieved under any design, equipment, work practice, or operational standards in subpart H of this part, the Administrator will publish in the Federal Register (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. (2) Any notice under paragraph (h) of this section shall be published only after public notice and an opportunity for a hearing. (3) Any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information showing that the alternative means achieves equivalent emission reductions. (i) Each owner or operator of a source subject to this subpart shall obtain a permit under 40 CFR part 70 or part 71 from the appropriate permitting authority. (1) If EPA has approved a State operating permit program under 40 CFR part 70, the permit shall be obtained from the State authority. (2) If the State operating permit program has not been approved, the source shall apply to the EPA regional office pursuant to 40 CFR part 71. (j) The requirements in subparts I and H of this part are Federally enforceable under section 112 of the Act on and after the dates specified in § 63.190(d) of this subpart. (k) The owner or operator of a process unit which meets the criteria of § 63.190 (c), shall comply with the requirements of either paragraph (k)(1) or (k)(2) of this section. (1) Retain information, data, and analysis used to determine that the process unit does not have the designated organic hazardous air pollutant present in the process. Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (2) When requested by the Administrator, demonstrate that the chemical manufacturing process unit does not have the designated organic hazardous air pollutant present in the process. (l) To qualify for the exemption specified in § 63.190(b)(7) of this subpart, the owner or operator shall maintain the documentation of the information required pursuant to § 63.190(b)(7)(i), and documentation of any update of this information requested by the EPA Regional Office, and shall provide the documentation to the EPA Regional Office upon request. The EPA Regional Office will notify the owner or operator, after reviewing such documentation, whether, in the EPA Regional Office's judgement, the source does not qualify for the exemption specified in § 63.190(b)(7) of this subpart. In such cases, compliance with this subpart shall be required no later than 90 days after the date of such notification by the EPA Regional Office. (m) An owner or operator who elects to use the compliance extension provisions of § 63.190(e)(5) (i) or (ii) shall submit a compliance extension request to the appropriate EPA Regional Office no later than May 10, 1995. The request shall contain the information specified in § 63.190(e)(4)(iv) and the reason compliance cannot reasonably be achieved without a process unit shutdown, as defined in § 63.161 of subpart H or replacement of the compressor or recasting of the distance piece. [59 FR 19587, Apr. 22, 1994, as amended at 59 FR 48178, Sept. 20, 1994; 60 FR 18026, 18030, Apr. 10, 1995; 61 FR 31442, June 20, 1996; 62 FR 2793, Jan. 17, 1997; 89 FR 43235, May 16, 2024] § 63.193 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.190 and 63.192(a) through (b), (e), and (h) through (j). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37345, June 23, 2003] Subpart J—National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Source: 67 FR 45891, July 10, 2002, unless otherwise noted. What This Subpart Covers § 63.210 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for polyvinyl chloride (PVC) and copolymers production. § 63.211 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a PVC plant, as defined in 40 CFR 61.61(c) of this chapter, that is a major source of hazardous air pollutants (HAP) emissions or that is located at, or is part of, a major source of HAP emissions. (b) You are a major source of HAP emissions if you own or operate a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year. § 63.212 What parts of my facility does this subpart cover? (a) This subpart applies to each new or existing affected source at PVC and copolymers production operations. (b) The affected source subject to this subpart is the collection of all equipment and activities in vinyl chloride service necessary to produce PVC and copolymers. This subpart applies to the PVC and copolymers production operations that meet the applicability criteria at 40 CFR 61.60(a)(3) of this chapter. (c) An affected source is a new affected source if you commenced construction or reconstruction of the affected source after July 10, 2002. (d) An affected source is existing if it is not new. (e) This subpart does not apply to research and development facilities, as defined in section 112(c)(7) of the Clean Air Act. § 63.213 When do I have to comply with this subpart? (a) If you have a new affected source, you must comply with this subpart according to paragraphs (a)(1) and (2) of this section: (1) If you startup your affected source before July 10, 2002, then you must comply with the standards in this subpart no later than July 10, 2002. (2) If you startup your affected source after July 10, 2002, then you must comply with the standards in this subpart upon startup of your affected source. (b) If you have an existing affected source, you must be in compliance with the standards in this subpart by July 10, 2002. (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP and an affected source subject to this subpart, paragraphs (c)(1) and (2) of this section apply. (1) An area source that meets the criteria of a new affected source as specified at § 63.212(d) must be in compliance with this subpart upon becoming a major source. (2) An area source that meets the criteria of an existing affected source as specified at § 63.212(e) must be in compliance with this subpart upon becoming a major source. Standards and Compliance Requirements § 63.214 What are the requirements I must comply with? (a) You must meet all the requirements in 40 CFR part 61, subpart F of this chapter, as they pertain to processes that manufacture polymerized vinyl chloride, except as specified in paragraphs (a)(1) and (2) of this section. These requirements include the emission standards and compliance, testing, monitoring, notification, recordkeeping, and reporting requirements. (1) Where 40 CFR part 61, subpart F, references 40 CFR part 61, subpart V, a new source must comply with the provisions of 40 CFR part 63, subpart UU, instead of the provisions of 40 CFR part 61, subpart V. (2) Where 40 CFR part 61, subpart F, references 40 CFR part 61, subpart V, an existing source must comply with either the provisions of 40 CFR part 63, subpart UU, or the provisions of 40 CFR part 61, subpart V. (b) Sources that comply with all of the provisions of 40 CFR part 63, subpart UU, are not required to meet any of the provisions of 40 CFR part 61, subpart V. Other Requirements and Information § 63.215 What General Provisions apply to me? (a) All the provisions in 40 CFR part 61, subpart A of this chapter, apply to this subpart. (b) The provisions in subpart A of this part also apply to this subpart as specified in paragraphs (b)(1) through (4) of this section. (1) The general applicability provisions in § 63.1(a)(1) through (8) and (13) through (14). (2) The specific applicability provisions in § 63.1(b) through (e) except for the reference to § 63.10 for recordkeeping procedures. (3) The construction and reconstruction provisions in § 63.5 except for the references to § 63.6 for compliance procedures and the references to § 63.9 for notification procedures. (4) The specific notification procedure of § 63.9(j) and (k) relating to a change in major source status. [67 FR 45891, July 10, 2002, as amended at 85 FR 73888, Nov. 19, 2020] § 63.216 Who administers this subpart? (a) This subpart can be administered by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the primary authority to administer and enforce this subpart. You should contact your EPA Regional Office to find out if the authority to implement and enforce this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the Administrator of EPA and are not transferred to the State, local, or tribal agency. (1) Approval of alternatives to the non-opacity emissions standards in §§ 63.211, 63.212 and 63.214 under 40 CFR 61.12(d) of this chapter. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) [Reserved] (3) Approval of major alternatives to test methods under 40 CFR 61.13(h) of this chapter and as defined in § 63.90. (4) Approval of major alternatives to monitoring under 40 CFR 61.14(g) of this chapter and as defined in § 63.90. (5) Approval of major alternatives to recordkeeping and reporting under 40 CFR 61.10 of this chapter and as defined in § 63.90. § 63.217 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act; 40 CFR 61.02 of this chapter, the NESHAP General Provisions; 40 CFR 61.61 of this chapter, the Vinyl Chloride NESHAP; and, § 63.2, in regard to terms used in §§ 63.1 and 63.5. Subpart K [Reserved] Subpart L—National Emission Standards for Coke Oven Batteries Source: 58 FR 57911, Oct. 27, 1993, unless otherwise noted. § 63.300 Applicability. (a) Unless otherwise specified in §§ 63.306, 63.307, and 63.311, the provisions of this subpart apply to existing by-product coke oven batteries at a coke plant and to existing nonrecovery coke oven batteries at a coke plant on and after the following dates: (1) December 31, 1995, for existing by-product coke oven batteries subject to emission limitations in § 63.302(a)(1) or existing nonrecovery coke oven batteries subject to emission limitations in § 63.303(a); (2) January 1, 2003, for existing by-product coke oven batteries subject to emission limitations in § 63.302(a)(2); (3) July 14, 2005, for existing by-product coke oven batteries subject to emission limitations in § 63.302(a)(3) and for nonrecovery coke oven batteries subject to the emission limitations and requirements in § 63.303(b)(3) or (c); (4) Upon startup for a new nonrecovery coke oven battery subject to the emission limitations and requirements in § 63.303(b), (c), and (d). A new nonrecovery coke oven battery subject to the requirements in § 63.303(d) is one for which construction or reconstruction commenced on or after August 9, 2004; (5) November 15, 1993, for existing by-product and nonrecovery coke oven batteries subject to emission limitations in § 63.304(b)(1) or 63.304(c); (6) January 1, 1998, for existing by-product coke oven batteries subject to emission limitations in § 63.304(b)(2) or 63.304(b)(7); and (7) January 1, 2010, for existing by-product coke oven batteries subject to emission limitations in § 63.304(b)(3) or 63.304(b)(7). (b) The provisions for new sources in §§ 63.302(b) and (c) and 63.303(b) apply to each greenfield coke oven battery and to each new or reconstructed coke oven battery at an existing coke plant if the changes to or addition of a coke oven battery results in an increase in the design capacity of the coke plant as of November 15, 1990, (including any capacity qualifying under § 63.304(b)(6), and the capacity of any coke oven battery subject to a construction permit on November 15, 1990, which commenced operation before October 27, 1993. (c) The provisions of this subpart apply to each brownfield coke oven battery, each padup rebuild, and each cold-idle coke oven battery that is restarted. (d) The provisions of §§ 63.304(b)(2)(i)(A) and 63.304(b)(3)(i) apply to each foundry coke producer as follows: (1) A coke oven battery subject to § 63.304(b)(2)(i)(A) or § 63.304(b)(3)(i) must be a coke oven battery that on January 1, 1992, was owned or operated by a foundry coke producer; and (2)(i) A coke oven battery owned or operated by an integrated steel producer on January 1, 1992, and listed in paragraph (d)(2)(ii) of this section, that was sold to a foundry coke producer before November 15, 1993, shall be deemed for the purposes of paragraph (d)(1) of this section to be owned or operated by a foundry coke producer on January 1, 1992. (ii) The coke oven batteries that may qualify under this provision are the following: (A) The coke oven batteries at the Bethlehem Steel Corporation's Lackawanna, New York facility; and (B) The coke oven batteries at the Rouge Steel Company's Dearborn, Michigan facility. (e) The emission limitations set forth in this subpart shall apply at all times. At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (f) After October 28, 1992, rules of general applicability promulgated under section 112 of the Act, including the General Provisions, may apply to coke ovens provided that the topic covered by such a rule is not addressed in this subpart. [58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20012, Apr. 15, 2005; 89 FR 55731, July 5, 2024] § 63.301 Definitions. Terms used in this subpart are defined in the Act or in this section as follows: Administrator Brownfield coke oven battery Bypass stack Bypass/bleeder stack By-product coke oven battery Certified observer Charge charging period charge or charging period Coke oven battery Coke oven door coke oven door Cold-idle coke oven battery Collecting main Collecting main repair Consecutive charges Corrective action Day Design capacity Fenceline is a location on the border of the coke oven manufacturing facility property. Foundry coke producer Greenfield coke oven battery Heat and/or nonrecovery coke oven i.e., i.e., Heat recovery steam generator Heat recovery steam generator bypass/waste heat stack Heat recovery steam generator main stack Integrated steel producer Malfunction malfunctions. New shed new shed. Nonrecovery coke oven battery Not tall oven battery Offtake system Oven Padup rebuild padup rebuild Pushing, Pushing/charging machine (PCM) Root cause analysis Run Shed Short coke oven battery Shutdown Standpipe cap Startup Tall coke oven battery Temporary seal Topside port lid Waste heat stack [58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000; 71 FR 20456, Apr. 20, 2006; 89 FR 55732, July 5, 2024] § 63.302 Standards for by-product coke oven batteries. (a) Except as provided in § 63.304 or § 63.305, on and after the dates specified in this paragraph, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from each affected existing by-product coke oven battery that exceed any of the following emission limitations or requirements: (1) On and after December 31, 1995; (i) For coke oven doors; (A) 6.0 percent leaking coke oven doors for each tall by-product coke oven battery, as determined according to the procedures in § 63.309(d)(1); and (B) 5.5 percent leaking coke oven doors for each short by-product coke oven battery, as determined according to the procedures in § 63.309(d)(1); (ii) 0.6 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iii) 3.0 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (iv) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (2) On and after January 1, 2003, unless the Administrator promulgates more stringent limits pursuant to section 112(f) of the Act; (i) 5.5 percent leaking coke oven doors for each tall by-product coke oven battery, as determined by the procedures in § 63.309(d)(1); and (ii) 5.0 percent leaking coke oven doors for each short by-product coke oven battery, as determined by the procedures in § 63.309(d)(1). (3) On and after July 14, 2005; (i) 4.0 percent leaking coke oven doors for each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1); (ii) 3.3 percent leaking coke oven doors for each by-product coke oven battery not subject to the emission limitation in paragraph (a)(3)(i) of this section, as determined by the procedures in § 63.309(d)(1); (iii) 0.4 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iv) 2.5 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (v) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (4) On and after July 7, 2025: (i) for facilities with coke production capacity more than or equal to 3 million tpy coke and as determined by the procedures in § 63.309(d)(1), 2.5 percent leaking coke oven doors for each tall by-product coke oven battery and 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery; (ii) for facilities with coke production capacity less than 3 million tpy coke and as determined by the procedures in § 63.309(d)(1), 3.8 percent leaking coke oven doors for each tall by-product coke oven battery and 3.2 percent leaking coke oven doors for each not tall by-product coke oven battery; (iii) 0.32 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iv) 2.1 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (v) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (b) Except as provided in paragraph (c) of this section, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere, coke oven emissions from a by-product coke oven battery subject to the applicability requirements in § 63.300(b) that exceed any of the following emission limitations: (1) 0.0 percent leaking coke oven doors, as determined by the procedures in § 63.309(d)(1); (2) 0.0 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (3) 0.0 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (4) 34 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (c) The emission limitations in paragraph (b) of this section do not apply to the owner or operator of a by-product coke oven battery that utilizes a new recovery technology, including but not limited to larger size ovens, operation under negative pressure, and processes with emission points different from those regulated under this subpart. An owner or operator constructing a new by-product coke oven battery or reconstructing an existing by-product recovery battery that utilizes a new recovery technology shall: (1) Notify the Administrator of the intention to do so, as required in § 63.311(c); and (2) Submit, for the determination under section 112(g)(2)(B) of the Act, and as part of the application for permission to construct or reconstruct, all information and data requested by the Administrator for the determination of applicable emission limitations and requirements for that by-product coke oven battery. (d) Emission limitations and requirements applied to each coke oven battery utilizing a new recovery technology shall be less than the following emission limitations or shall result in an overall annual emissions rate for coke oven emissions for the battery that is lower than that obtained by the following emission limitations on and after July 7, 2025: (1) Coke oven doors on by-product coke oven batteries at facilities with production capacity more than or equal to 3 million tpy coke: (i) 2.5 percent leaking coke oven doors on tall by-product coke oven batteries, as defined in § 63.301 and as determined by the procedures in § 63.309(d)(1); and (ii) 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery, as determined by the procedures in § 63.309(d)(1); (2) For coke oven doors on by-product coke oven batteries at facilities with coke production capacity less than 3 million tpy coke: (i) 3.8 percent leaking coke oven doors on tall by-product coke oven batteries, as determined by the procedures in § 63.309(d)(1); and (ii) 3.2 percent leaking coke oven doors on not tall by-product coke oven batteries, as determined by the procedures in § 63.309(d)(1); (3) 2.1 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); (4) 0.32 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); and (5) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). [58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025] § 63.303 Standards for nonrecovery coke oven batteries. (a) Except as provided in § 63.304, on and after December 31, 1995, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from each affected existing nonrecovery coke oven battery that exceed any of the following emission limitations or requirements: (1) For coke oven doors and common tunnels; (i) 0.0 percent leaking coke oven doors, as determined by the procedures in § 63.309(d)(1); and (ii) The owner or operator shall monitor and record, once per day for each day of operation, the pressure in each oven or in each common battery tunnel during pushing, charging, and coking to ensure that the ovens are operated under a negative pressure. (iii) The date for compliance with paragraphs (a)(1)(i) and (ii) of this section is on and after July 7, 2025. (2) For charging operations, the owner or operator shall implement, for each day of operation, the work practices specified in § 63.306(b)(6) and record the performance of the work practices as required in § 63.306(b)(7). (b) No owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from each affected new nonrecovery coke oven battery subject to the applicability requirements in § 63.300(b) that exceed any of the following emission limitations or requirements: (1) For coke oven doors and common tunnels; (i) 0.0 percent leaking coke oven doors, as determined by the procedures in § 63.309(d)(1); and (ii) The owner or operator shall monitor and record, once per day for each day of operation, the pressure in each oven or in each common battery tunnel during pushing, charging, and coking to ensure that the ovens are operated under a negative pressure. (iii) The date for compliance with paragraphs (b)(1)(i) and (ii) of this section is on and after July 7, 2025, or upon initial startup, whichever is later. (2) For charging operations, the owner or operator shall install, operate, and maintain an emission control system for the capture and collection of emissions in a manner consistent with good air pollution control practices for minimizing emissions from the charging operation; (3) For charging operations, the owner or operator shall implement, for each day of operation, the work practices specified in § 63.306(b)(6) and record the performance of the work practices as required in § 63.306(b)(7). (4) 0.0 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1) (if applicable to the new nonrecovery coke oven battery); and (5) 0.0 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1) (if applicable to the new nonrecovery coke oven battery). (c) Except as provided in § 63.304(a), (b), and (d), the owner or operator of any nonrecovery coke oven battery shall meet the work practice standards in paragraphs (c)(1) and (2) of this section. (1) The owner or operator shall observe each coke oven door after charging and record the oven number of any door from which visible emissions occur. Emissions from coal spilled during charging or from material trapped within the seal area of the door are not considered to be a door leak if the owner or operator demonstrates that the oven is under negative pressure, and that no emissions are visible from the top of the door or from dampers on the door. (2) Except as provided in paragraphs (c)(2)(i) and (ii) of this section, if a coke oven door leak is observed at any time during the coking cycle, the owner or operator shall take corrective action and stop the leak within 15 minutes from the time the leak is first observed. No additional leaks are allowed from doors on that oven for the remainder of that oven's coking cycle. (i) Except as provided in paragraph (c)(2)(ii) of this section, the owner or operator may take corrective action and stop the leak within 45 minutes (instead of 15 minutes) from the time the leak is first observed for a maximum of two times per battery in any semiannual reporting period. (ii) If a worker must enter a cokeside shed to stop a leaking door under the cokeside shed, the owner or operator shall take corrective action and stop the door leak within 45 minutes (instead of 15 minutes) from the time the leak is first observed. The evacuation system and control device for the cokeside shed must be operated at all times there is a leaking door under the cokeside shed. (d) The owner or operator of a new nonrecovery coke oven battery shall meet the emission limitations and work practice standards in paragraphs (d)(1) through (4) of this section. (1) The owner or operator shall not discharge or cause to be discharged to the atmosphere from charging operations any fugitive emissions that exhibit an opacity greater than 20 percent, as determined by the procedures in § 63.309(j). (2) The owner or operator shall not discharge or cause to be discharged to the atmosphere any emissions of particulate matter (PM) from a charging emissions control device that exceed 0.0081 pounds per ton (lbs/ton) of dry coal charged, as determined by the procedures in § 63.309(k). (3) The owner or operator shall observe the exhaust stack of each charging emissions control device at least once each day of operation during charging to determine if visible emissions are present and shall record the results of each daily observation or the reason why conditions did not permit a daily observation. If any visible emissions are observed, the owner or operator must: (i) Take corrective action to eliminate the presence of visible emissions; (ii) Record the cause of the problem creating the visible emissions and the corrective action taken; (iii) Conduct visible emission observations according to the procedures in § 63.309(m) within 24 hours after detecting the visible emissions; and (iv) Report any 6-minute average, as determined according to the procedures in § 63.309(m), that exceeds 10 percent opacity as a deviation in the semiannual compliance report required by § 63.311(d). (4) The owner or operator shall develop and implement written procedures for adjusting the oven uptake damper to maximize oven draft during charging and for monitoring the oven damper setting during each charge to ensure that the damper is fully open. [58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20013, Apr. 15, 2005; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025] § 63.304 Standards for compliance date extension. (a) An owner or operator of an existing coke oven battery (including a cold-idle coke oven battery), a padup rebuild, or a brownfield coke oven battery, may elect an extension of the compliance date for emission limits to be promulgated pursuant to section 112(f) of the Act in accordance with section 112(i)(8). To receive an extension of the compliance date from January 1, 2003, until January 1, 2020, the owner or operator shall notify the Administrator as described in § 63.311(c) that the battery will comply with the emission limitations and requirements in this section in lieu of the applicable emission limitations in § 63.302 or 63.303. (b) Except as provided in paragraphs (b)(4), (b)(5), and (b)(7) of this section and in § 63.305, on and after the dates specified in this paragraph, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from a by-product coke oven battery that exceed any of the following emission limitations: (1) On and after November 15, 1993; (i) 7.0 percent leaking coke oven doors, as determined by the procedures in § 63.309(d)(1); (ii) 0.83 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iii) 4.2 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (iv) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (2) On and after January 1, 1998; (i) For coke oven doors: (A) 4.3 percent leaking coke oven doors for each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1); and (B) 3.8 percent leaking coke oven doors on each by-product coke oven battery not subject to the emission limitation in paragraph (b)(2)(i)(A) of this section, as determined by the procedures in § 63.309(d)(1); (ii) 0.4 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iii) 2.5 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (iv) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (3) On and after January 1, 2010, unless the Administrator promulgates more stringent limits pursuant to section 112(i)(8)(C) of the Act; (i) 4.0 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1); and (ii) 3.3 percent leaking coke oven doors for each by-product coke oven battery not subject to the emission limitation in paragraph (b)(3)(i) of this section, as determined by the procedures in § 63.309(d)(1). (4) No owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from a brownfield or padup rebuild by-product coke oven battery, other than those specified in paragraph (b)(4)(v) of this section, that exceed any of the following emission limitations: (i) For coke oven doors; (A) 4.0 percent leaking coke oven doors for each tall by-product coke oven battery, as determined by the procedures in § 63.309(d)(1); and (B) 3.3 percent leaking coke oven doors on each short by-product coke oven battery, as determined by the procedures in § 63.309(d)(1); (ii) 0.4 percent leaking topside port lids, as determined by the procedures in § 63.309(d)(1); (iii) 2.5 percent leaking offtake system(s), as determined by the procedures in § 63.309(d)(1); and (iv) 12 seconds of visible emissions per charge, as determined by the procedures in § 63.309(d)(2). (v) The requirements of paragraph (b)(4) of this section shall not apply and the requirements of paragraphs (b)(1), (b)(2), and (b)(3) of this section do apply to the following brownfield or padup rebuild coke oven batteries: (A) Bethlehem Steel-Burns Harbor, Battery No. 2; (B) National Steel-Great Lakes, Battery No. 4; and (C) Koppers-Woodward, Battery No. 3. (vi) To retain the exclusion provided in paragraph (b)(4)(v) of this section, a coke oven battery specified in paragraph (b)(4)(v) of this section shall commence construction not later than July 1, 1996, or 1 year after obtaining a construction permit, whichever is earlier. (5) The owner or operator of a cold-idle coke oven battery that shut down on or after November 15, 1990, shall comply with the following emission limitations: (i) For a brownfield coke oven battery or a padup rebuild coke oven battery, coke oven emissions shall not exceed the emission limitations in paragraph (b)(4) of this section; and (ii) For a cold-idle battery other than a brownfield or padup rebuild coke oven battery, coke oven emissions shall not exceed the emission limitations in paragraphs (b)(1) through (b)(3) of this section. (6) The owner or operator of a cold-idle coke oven battery that shut down prior to November 15, 1990, shall submit a written request to the Administrator to include the battery in the design capacity of a coke plant as of November 15, 1990. A copy of the request shall also be sent to Director, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. The Administrator will review and approve or disapprove a request according to the following procedures: (i) Requests will be reviewed for completeness in the order received. A complete request shall include: (A) Battery identification; (B) Design information, including the design capacity and number and size of ovens; and (C) A brief description of the owner or operator's plans for the cold-idle battery, including a statement whether construction of a padup rebuild or a brownfield coke oven battery is contemplated. (ii) A complete request shall be approved if the design capacity of the battery and the design capacity of all previous approvals does not exceed the capacity limit in paragraph (b)(6)(i)(C) of this section. (iii) The total nationwide coke capacity of coke oven batteries that receive approval under paragraph (b)(6) of this section shall not exceed 2.7 million Mg/yr (3.0 million ton/yr). (iv) If a construction permit is required, an approval shall lapse if a construction permit is not issued within 3 years of the approval date, or if the construction permit lapses. (v) If a construction permit is not required, an approval will lapse if the battery is not restarted within 2 years of the approval date. (7) The owner or operator of a by-product coke oven battery with fewer than 30 ovens may elect to comply with an emission limitation of 2 or fewer leaking coke oven doors, as determined by the procedures in § 63.309(d)(4), as an alternative to the emission limitation for coke oven doors in paragraphs (b)(2)(i), (b)(3) (i) through (ii), (b)(4)(i), (b)(5), and (b)(6) of this section. (8) On and after July 7, 2025: (i) 2.5 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1) for facilities with production capacity greater than 3 million tpy coke or 1.7 percent leaking coke oven doors for each not tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1) for facilities with production capacity greater than 3 million tpy coke; and (ii) 3.8 percent leaking coke oven doors on each tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1) for facilities with production capacity less than 3 million tpy coke or 3.2 percent leaking coke oven doors for each not tall by-product coke oven battery and for each by-product coke oven battery owned or operated by a foundry coke producer, as determined by the procedures in § 63.309(d)(1) for facilities with production capacity less than 3 million tpy coke. (c) On and after November 15, 1993, no owner or operator shall cause to be discharged or allow to be discharged to the atmosphere coke oven emissions from an existing nonrecovery coke oven battery that exceed any of the emission limitations or requirements in § 63.303(a). (d) Each owner or operator of an existing coke oven battery qualifying for a compliance date extension pursuant to this section shall make available, no later than January 1, 2000, to the surrounding communities the results of any risk assessment performed by the Administrator to determine the appropriate level of any emission standard established by the Administrator according to section 112(f) of the Act. [58 FR 57911, Oct. 27, 1993, as amended at 65 FR 62215, Oct. 17, 2000; 89 FR 55733, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025] § 63.305 Alternative standards for coke oven doors equipped with sheds. (a) The owner or operator of a new or existing coke oven battery equipped with a shed for the capture of coke oven emissions from coke oven doors and an emission control device for the collection of the emissions may comply with an alternative to the applicable visible emission limitations for coke oven doors in §§ 63.302 and 63.304 according to the procedures and requirements in this section. (b) To qualify for approval of an alternative standard, the owner or operator shall submit to the Administrator a test plan for the measurement of emissions. A copy of the request shall also be sent to the Director, Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, NC 27711. The plan shall describe the procedures to be used for the measurement of particulate matter; the parameters to be measured that affect the shed exhaust rate (e.g., damper settings, fan power) and the procedures for measuring such parameters; and if applicable under paragraph (c)(5)(ii) of this section, the procedures to be used for the measurement of benzene soluble organics, benzene, toluene, and xylene emitted from the control device for the shed. The owner or operator shall notify the Administrator at least 30 days before any performance test is conducted. (c) A complete test plan is deemed approved if no disapproval is received within 60 days of the submittal to the Administrator. After approval of the test plan, the owner or operator shall; (1) Determine the efficiency of the control device for removal of particulate matter by conducting measurements at the inlet and the outlet of the emission control device using Method 5 in appendix A to part 60 of this chapter, with the filter box operated at ambient temperature and in a manner to avoid condensation, with a backup filter; (2) Measure the visible emissions from coke oven doors that escape capture by the shed using Method 22 in appendix A to part 60 of this chapter. For the purpose of approval of an alternative standard, no visible emissions may escape capture from the shed. (i) Visible emission observations shall be taken during conditions representative of normal operations, except that pushing shall be suspended and pushing emissions shall have cleared the shed; and (ii) Method 22 observations shall be performed by an observer certified according to the requirements of Method 9 in appendix A to part 60 of this chapter. The observer shall allow pushing emissions to be evacuated (typically 1 to 2 minutes) before making observations; (3) Measure the opacity of emissions from the control device using Method 9 in appendix A to part 60 of this chapter during conditions representative of normal operations, including pushing; and (i) If the control device has multiple stacks, the owner or operator shall use an evaluation based on visible emissions and opacity to select the stack with the highest opacity for testing under this section; (ii) The highest opacity, expressed as a 6-minute average, shall be used as the opacity standard for the control device. (iii) Alternatively, ASTM D7520-16, (incorporated by reference, see § 63.14) may be used with the following conditions: (A) During the digital camera opacity technique (DCOT) certification procedure outlined in section 9.2 of ASTM D7520-16 (incorporated by reference, see § 63.14), the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand). (B) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in section 8.1 of ASTM D7520-16 (incorporated by reference, see § 63.14). (C) The owner or operator must follow the recordkeeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination. (D) The owner or operator or the DCOT vendor must have a minimum of four independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity. (E) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software, and operator in accordance with ASTM D7520-16 (incorporated by reference, see § 63.14) and these requirements is on the facility, DCOT operator, and DCOT vendor. (4) Thoroughly inspect all compartments of each air cleaning device prior to the performance test for proper operation and for changes that signal the potential for malfunction, including the presence of tears, holes, and abrasions in filter bags; damaged seals; and for dust deposits on the clean side of bags; and (5) Determine the allowable percent leaking doors under the shed using either of the following procedures: (i) Calculate the allowable percent leaking doors using the following equation: where PLD = Allowable percent leaking doors for alternative standard. PLD std eff = Percent control efficiency for particulate matter for emission control device as determined according to paragraph (c)(1) of this section. Table 1—Conversion to Single-Run Limit 30-run limit Single-pass limit (98 percent level) 7.0 11.0 6.0 9.5 5.5 8.7 5.0 8.1 4.3 7.2 4.0 6.7 3.8 6.4 3.3 5.8 or; (ii) Calculate the allowable percent leaking doors using the following procedures: (A) Measure the total emission rate of benzene, toluene, and xylene exiting the control device using Method 18 in appendix A-6 to 40 CFR part 60 and the emission rate of benzene soluble organics entering the control device as described in the test plan submitted pursuant to paragraph (b) of this section. The voluntary consensus standard ASTM D6420-18, (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 18 for benzene, toluene, and xylene; or (B) Measure benzene, toluene, xylene, and benzene soluble organics in the gas in the collector main as described in the test plan submitted pursuant to paragraph (b) of this section; and (C) Calculate the ratio (R) of benzene, toluene, and xylene to benzene soluble organics for the gas in the collector main, or as the sum of the outlet emission rates of benzene, toluene, and xylene, divided by the emission rate of benzene soluble organics as measured at the inlet to the control device; and (D) Calculate the allowable percent leaking doors limit under the shed using the following equation: where R = Ratio of measured emissions of benzene, toluene, and xylene to measured emissions of benzene soluble organics. (iii) If the allowable percent leaking coke oven doors is calculated to exceed 15 percent leaking coke oven doors under paragraphs (c)(5)(i) or (c)(5)(ii) of this section, the owner or operator shall use 15 percent leaking coke oven doors for the purposes of this section. (6) Monitor the parameters that affect the shed exhaust flow rate. (7) The owner or operator may request alternative sampling procedures to those specified in paragraph (c)(5)(ii) (A) and (B) of this section by submitting details on the procedures and the rationale for their use to the Administrator. Alternative procedures shall not be used without approval from the Administrator. (8) The owner or operator shall inform the Administrator of the schedule for conducting testing under the approved test plan and give the Administrator the opportunity to observe the tests. (d) After calculating the alternative standard for allowable percent leaking coke oven doors, the owner or operator shall submit the following information to the Administrator: (1) Identity of the coke oven battery; (2) Visible emission limitation(s) for percent leaking doors currently applicable to the coke oven battery under this subpart and known future limitations for percent leaking coke oven doors; (3) A written report including: (i) Appropriate measurements and calculations used to derive the allowable percent leaking coke oven doors requested as the alternative standard; (ii) Appropriate visible emission observations for the shed and opacity observations for the control device for the shed, including an alternative opacity standard, if applicable, as described in paragraph (c)(3) of this section based on the highest 6-minute average; and (iii) The parameter or parameters (e.g., fan power, damper position, or other) to be monitored and recorded to demonstrate that the exhaust flow rate measured during the test required by paragraph (c)(1) of this section is maintained, and the monitoring plan for such parameter(s). (iv) If the application is for a new shed, one of the following demonstrations: (A) A demonstration, using modeling procedures acceptable to the Administrator, that the expected concentrations of particulate emissions (including benzene soluble organics) under the shed at the bench level, when the proposed alternative standard was being met, would not exceed the expected concentrations of particulate emissions (including benzene soluble organics) if the shed were not present, the regulations under this subpart were met, and the battery was in compliance with federally enforceable limitations on pushing emissions; or (B) A demonstration that the shed (including the evacuation system) has been designed in accordance with generally accepted engineering principles for the effective capture and control of particulate emissions (including benzene soluble organics) as measured at the shed's perimeter, its control device, and at the bench level. (e) The Administrator will review the information and data submitted according to paragraph (d) of this section and may request additional information and data within 60 days of receipt of a complete request. (1) Except for applications subject to paragraph (e)(3) of this section, the Administrator shall approve or disapprove an alternative standard as expeditiously as practicable. The Administrator shall approve an alternative standard, unless the Administrator determines that the approved test plan has not been followed, or any required calculations are incorrect, or any demonstration required under paragraph (d)(3)(iv) of this section does not satisfy the applicable criteria under that paragraph. If the alternative standard is disapproved, the Administrator will issue a written notification to the owner or operator within the 60-day period. (2) The owner or operator shall comply with the applicable visible emission limitation for coke oven doors and all other requirements in this subpart prior to approval of an alternative standard. The owner or operator may apply for an alternative standard at any time after December 4, 1992. (3) An application for an alternative standard to the standard in § 63.304(b)(1)(i) for any shed that is not a new shed that is filed on or before June 15, 1993, is deemed approved if a notice of disapproval has not been received 60 days after submission of a complete request. An approval under paragraph (e)(3) of this section shall be valid for a period of 1 year. (4) Notwithstanding the provisions of paragraph (e) of this section, no alternative standard shall be approved that exceeds 15 percent leaking coke oven doors (yard equivalent). (f) After approval of an alternative standard, the owner or operator shall comply with the following requirements: (1) The owner or operator shall not discharge or allow to be discharged to the atmosphere coke oven emissions from coke oven doors under sheds that exceed an approved alternative standard for percent leaking coke oven doors under sheds. (i) All visible emission observations for compliance determinations shall be performed by a certified observer. (ii) Compliance with the alternative standard for doors shall be determined by a weekly performance test conducted according to the procedures and requirements in § 63.309(d)(5) and Method 303 in appendix A to this part. (iii) If the visible emission limitation is achieved for 12 consecutive observations, compliance shall be determined by monthly rather than weekly performance tests. If any exceedance occurs during a performance test, weekly performance tests shall be resumed. (iv) Observations taken at times other than those specified in paragraphs (f)(1)(ii) and (f)(1)(iii) of this section shall be subject to the provisions of § 63.309(f). (2) The certified observer shall monitor the visible coke oven emissions escaping capture by the shed on a weekly basis. The provision in paragraph (f)(6) of this section is applicable if visible coke oven emissions are observed during periods when pushing emissions have cleared the shed. (3) The owner or operator shall not discharge or allow to be discharged to the atmosphere any visible emissions from the shed's control device exhibiting more than 0 percent opacity unless an alternative limit has been approved under paragraph (e) of this section. (4) The opacity of emissions from the control device for the shed shall be monitored in accordance with the requirements of either paragraph (f)(4)(i) or (ii) of this section, at the election of the owner or operator. (i) The owner or operator shall install, operate, and maintain a continuous opacity monitor, and record the output of the system, for the measurement of the opacity of emissions discharged from the emission control system per §§ 63.300(e) and 63.8(d)(1) and (2). (A) Each continuous opacity monitoring system shall meet the requirements of Performance Specification 1 in appendix B to 40 CFR part 60; and (B) Each continuous opacity monitoring system shall be operated, calibrated, and maintained according to the procedures and requirements specified in 40 CFR part 52; and (C) The owner or operator shall keep the written procedures required by § 63.8(d)(1) and (2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous ( i.e., (ii) A certified observer shall monitor and record at least once each day during daylight hours, opacity observations for the control device for the shed using Method 9 in appendix A-4 to 40 CFR part 60. Alternatively, ASTM D7520-16, (incorporated by reference, see § 63.14) may be used with the following conditions: (A) During the digital camera opacity technique (DCOT) certification procedure outlined in section 9.2 of ASTM D7520-16 (incorporated by reference, see § 63.14), the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand). (B) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in section 8.1 of ASTM D7520-16 (incorporated by reference, see § 63.14). (C) The owner or operator must follow the recordkeeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination. (D) The owner or operator or the DCOT vendor must have a minimum of four independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of anyone reading and the average error must not exceed 7.5 percent opacity. (E) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software, and operator in accordance with ASTM D7520-16 (incorporated by reference, see § 63.14) and these requirements is on the facility, DCOT operator, and DCOT vendor. (5) The owner or operator shall visually inspect the structural integrity of the shed at least once a quarter for defects, such as deterioration of sheet metal (e.g., holes in the shed), that may allow the escape of visible emissions. (i) The owner or operator shall record the time and date a defect is first observed, the time and date the defect is corrected or repaired, and a brief description of repairs or corrective actions taken; (ii) The owner or operator shall temporarily repair the defect as soon as possible, but no later than 5 days after detection of the defect; (iii) Unless a major repair is required, the owner or operator shall perform a complete repair of the defect within 15 days of detection of the defect. If a major repair is required (e.g., replacement of large sections of the shed), the owner or operator shall submit a repair schedule to the enforcement agency. (6) If the no visible emission limit for the shed specified in paragraph (f)(2) of this section is exceeded, the Administrator may require another test for the shed according to the approved test plan as specified in paragraph (c) of this section. If the certified observer observes visible coke oven emissions from the shed, except during periods of pushing or when pushing emissions have not cleared the shed, the owner or operator shall check to ensure that the shed and control device are working properly. (7) The owner or operator shall monitor the parameter(s) affecting shed exhaust flow rate, and record data, in accordance with the approved monitoring plan for these parameters. (8) The owner or operator shall not operate the exhaust system of the shed at an exhaust flow rate lower than that measured during the test required under paragraph (c)(1) of this section, as indicated by the monitored parameters. (g) Each side of a battery subject to an alternative standard for doors under this section shall be treated separately for purposes of §§ 63.306(c) (plan implementation) and 63.306(d) (plan revisions) of this subpart. In making determinations under these provisions for the side of the battery subject to an alternative standard, the requirement that exceedances be independent shall not apply. During any period when work practices for doors for both sides of the battery are required to be implemented, § 63.306(a)(3) shall apply in the same manner as if the provisions of a plan for a single emissions point were required to be implemented. Exceedances of the alternative standard for percent leaking doors under a shed is the only provision in this section implicating implementation of work practice requirements. (h) Multiple exceedances of the visible emission limitation for door leaks and/or the provisions of an alternative standard under this section for door leaks at a battery on a single day shall be considered a single violation. [58 FR 57911, Oct. 27, 1993, as amended at 89 FR 55734, July 5, 2024] § 63.306 Work practice standards. (a) Work practice plan. (1) The work practice plan must address each of the topics specified in paragraph (b) of this section in sufficient detail and with sufficient specificity to allow the reviewing authority to evaluate the plan for completeness and enforceability. (2) The initial plan and any revisions shall be submitted to the Administrator or the delegated State, local, or Tribal authority. The Administrator (or delegated State, local, or Tribal authority) may require revisions to the initial plan only where the Administrator (or delegated State, local, or Tribal authority) finds either that the plan does not address each subject area listed in paragraph (b) of this section for each emission point subject to a visible emission standard under this subpart, or that the plan in unenforceable because it contains requirements that are unclear. (3) During any period of time that an owner or operator is required to implement the provisions of a plan for a particular emission point, the failure to implement one or more obligations under the plan and/or any recordkeeping requirement(s) under § 63.311(f)(4) for the emission point during a particular day is a single violation. (b) Plan components. (1) An initial and refresher training program for all coke plant operating personnel with responsibilities that impact emissions, including contractors, in job requirements related to emission control and the requirements of this subpart, including work practice requirements. Contractors with responsibilities that impact emission control may be trained by the owner or operator or by qualified contractor personnel; however, the owner or operator shall ensure that the contractor training program complies with the requirements of this section. The training program in the plan must include: (i) A list, by job title, of all personnel that are required to be trained and the emission point(s) associated with each job title; (ii) An outline of the subjects to be covered in the initial and refresher training for each group of personnel; (iii) A description of the training method(s) that will be used (e.g., lecture, video tape); (iv) A statement of the duration of initial training and the duration and frequency of refresher training; (v) A description of the methods to be used at the completion of initial or refresher training to demonstrate and document successful completion of the initial and refresher training; and (vi) A description of the procedure to be used to document performance of plan requirements pertaining to daily operation of the coke oven battery and its emission control equipment, including a copy of the form to be used, if applicable, as required under the plan provisions implementing paragraph (b)(7) of this section. (2) Procedures for controlling emissions from coke oven doors on by-product coke oven batteries, including: (i) A program for the inspection, adjustment, repair, and replacement of coke oven doors and jambs, and any other equipment for controlling emissions from coke oven doors, including a defined frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances; (ii) Procedures for identifying leaks that indicate a failure of the emissions control equipment to function properly, including a clearly defined chain of command for communicating information on leaks and procedures for corrective action; (iii) Procedures for cleaning all sealing surfaces of each door and jamb, including identification of the equipment that will be used and a specified schedule or frequency for the cleaning of sealing surfaces; (iv) For batteries equipped with self-sealing doors, procedures for use of supplemental gasketing and luting materials, if the owner or operator elects to use such procedures as part of the program to prevent exceedances; (v) For batteries equipped with hand-luted doors, procedures for luting and reluting, as necessary to prevent exceedances; (vi) Procedures for maintaining an adequate inventory of the number of spare coke oven doors and jambs located onsite; and (vii) Procedures for monitoring and controlling collecting main back pressure, including corrective action if pressure control problems occur. (3) Procedures for controlling emissions from charging operations on by-product coke oven batteries, including: (i) Procedures for equipment inspection, including the frequency of inspections, and replacement or repair of equipment for controlling emissions from charging, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances; (ii) Procedures for ensuring that the larry car hoppers are filled properly with coal; (iii) Procedures for the alignment of the larry car over the oven to be charged; (iv) Procedures for filling the oven (e.g., procedures for staged or sequential charging); (v) Procedures for ensuring that the coal is leveled properly in the oven; and (vi) Procedures and schedules for inspection and cleaning of offtake systems (including standpipes, standpipe caps, goosenecks, dampers, and mains), oven roofs, charging holes, topside port lids, the steam supply system, and liquor sprays. (4) Procedures for controlling emissions from topside port lids on by-product coke oven batteries, including: (i) Procedures for equipment inspection and replacement or repair of topside port lids and port lid mating and sealing surfaces, including the frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances; and (ii) Procedures for sealing topside port lids after charging, for identifying topside port lids that leak, and procedures for resealing. (5) Procedures for controlling emissions from offtake system(s) on by-product coke oven batteries, including: (i) Procedures for equipment inspection and replacement or repair of offtake system components, including the frequency of inspections, the method to be used to evaluate conformance with operating specifications for each type of equipment, and the method to be used to audit the effectiveness of the inspection and repair program for preventing exceedances; (ii) Procedures for identifying offtake system components that leak and procedures for sealing leaks that are detected; and (iii) Procedures for dampering off ovens prior to a push. (6) Procedures for controlling emissions from nonrecovery coke oven batteries including: (i) Procedures for charging coal into the oven, including any special procedures for minimizing air infiltration during charging, maximizing the draft on the oven, and for replacing the door promptly after charging; (ii) If applicable, procedures for the capture and control of charging emissions; (iii) Procedures for cleaning coke from the door sill area for both sides of the battery after completing the pushing operation and before replacing the coke oven door; (iv) Procedures for cleaning coal from the door sill area after charging and before replacing the push side door; (v) Procedures for filling gaps around the door perimeter with sealant material, if applicable; and (vi) Procedures for detecting and controlling emissions from smoldering coal. (7) Procedures for maintaining, for each emission point subject to visible emission limitations under this subpart, a daily record of the performance of plan requirements pertaining to the daily operation of the coke oven battery and its emission control equipment, including: (i) Procedures for recording the performance of such plan requirements; and (ii) Procedures for certifying the accuracy of such records by the owner or operator. (8) Any additional work practices or requirements specified by the Administrator according to paragraph (d) of this section. (c) Implementation of work practice plans. (1) The owner or operator of a coke oven battery subject to visible emission limitations under this subpart on and after November 15, 1993, shall: (i) Implement the provisions of the work practice plan pertaining to a particular emission point following the second independent exceedance of the visible emission limitation for the emission point in any consecutive 6-month period, by no later than 3 days after receipt of written notification of the second such exceedance from the certified observer. For the purpose of this paragraph (c)(1)(i), the second exceedance is “independent” if either of the following criteria is met: (A) The second exceedance occurs 30 days or more after the first exceedance; (B) In the case of coke oven doors, topside port lids, and offtake systems, the 29-run average, calculated by excluding the highest value in the 30-day period, exceeds the value of the applicable emission limitation; or (C) In the case of charging emissions, the 29-day logarithmic average, calculated in accordance with Method 303 in appendix A to this part by excluding the valid daily set of observations in the 30-day period that had the highest arithmetic average, exceeds the value of the applicable emission limitation. (ii) Continue to implement such plan provisions until the visible emission limitation for the emission point is achieved for 90 consecutive days if work practice requirements are implemented pursuant to paragraph (c)(1)(i) of this section. After the visible emission limitation for a particular emission point is achieved for 90 consecutive days, any exceedances prior to the beginning of the 90 days are not included in making a determination under paragraph (c)(1)(i) of this section. (2) The owner or operator of a coke oven battery not subject to visible emission limitations under this subpart until December 31, 1995, shall: (i) Implement the provisions of the work practice plan pertaining to a particular emission point following the second exceedance in any consecutive 6-month period of a federally enforceable emission limitation for that emission point for coke oven doors, topside port lids, offtake systems, or charging operations by no later than 3 days after receipt of written notification from the applicable enforcement agency; and (ii) Continue to implement such plan provisions for 90 consecutive days after the most recent written notification from the enforcement agency of an exceedance of the visible emission limitation. (d) Revisions to plan. (1) The reviewing authority may request the owner or operator to review and revise as needed the work practice emission control plan for a particular emission point if there are 2 exceedances of the applicable visible emission limitation in the 6-month period that starts 30 days after the owner or operator is required to implement work practices under paragraph (c) of this section. In the case of a coke oven battery subject to visual emission limitations under this subpart, the second exceedance must be independent of the criteria in paragraph (c)(1)(i) of this section. (2) The reviewing authority may not request the owner or operator to review and revise the plan more than twice in any 12 consecutive month period for any particular emission point unless the reviewing authority disapproves the plan according to the provisions in paragraph (d)(6) of this section. (3) If the certified observer calculates that a second exceedance (or, if applicable, a second independent exceedance) has occurred, the certified observer shall notify the owner or operator. No later than 10 days after receipt of such a notification, the owner or operator shall notify the reviewing authority of any finding of whether work practices are related to the cause or the solution of the problem. The notification is subject to review by the reviewing authority according to the provisions in paragraph (d)(6) of this section. (4) The owner or operator shall submit a revised work practice plan within 60 days of notification from the reviewing authority under paragraph (d)(1) of this section, unless the reviewing authority grants an extension of time to submit the revised plan. (5) If the reviewing authority requires a plan revision, the reviewing authority may require the plan to address a subject area or areas in addition to those in paragraph (b) of this section, if the reviewing authority determines that without plan coverage of such an additional subject area, there is a reasonable probability of further exceedances of the visible emission limitation for the emission point for which a plan revision is required. (6) The reviewing authority may disapprove a plan revision required under paragraph (d) of this section if the reviewing authority determines that the revised plan is inadequate to prevent exceedances of the visible emission limitation under this subpart for the emission point for which a plan revision is required or, in the case of a battery not subject to visual emission limitations under this subpart, other federally enforceable emission limitations for such emission point. The reviewing authority may also disapprove the finding that may be submitted pursuant to paragraph (d)(3) of this section if the reviewing authority determines that a revised plan is needed to prevent exceedances of the applicable visible emission limitations. [58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003] § 63.307 Standards for bypass/bleeder stacks. (a)(1) Except as otherwise provided in this section, on or before March 31, 1994, the owner or operator of an existing by-product recovery battery for which a notification was not submitted under paragraph (e)(1) of this section shall install a bypass/bleeder stack flare system that is capable of controlling 120 percent of the normal gas flow generated by the battery, which shall thereafter be operated and maintained. (2) Coke oven emissions shall not be vented to the atmosphere through bypass/bleeder stacks, except through the flare system or the alternative control device as described in paragraph (d) of this section. (3) The owner or operator of a brownfield coke oven battery or a padup rebuild shall install such a flare system before startup, and shall properly operate and maintain the flare system. (b) Each flare installed pursuant to this section shall meet the following requirements: (1) Each flare shall be designed for a net heating value of 8.9 MJ/scm (240 Btu/scf) if a flare is steam-assisted or air-assisted, or a net value of 7.45 MJ/scm (200 Btu/scf) if the flare is non-assisted. (2) Each flare shall have either a continuously operable pilot flame or an electronic igniter that meets the requirements of paragraphs (b)(3) and (b)(4) of this section. (3) Each electronic igniter shall meet the following requirements: (i) Each flare shall be equipped with at least two igniter plugs with redundant igniter transformers; (ii) The ignition units shall be designed failsafe with respect to flame detection thermocouples (i.e., any flame detection thermocouples are used only to indicate the presence of a flame, are not interlocked with the ignition unit, and cannot deactivate the ignition system); and (iii) Integral battery backup shall be provided to maintain active ignition operation for a minimum of 15 minutes during a power failure. (iv) Each electronic igniter shall be operated to initiate ignition when the bleeder valve is not fully closed as indicated by an “OPEN” limit switch. (4) Each flare installed to meet the requirements of this paragraph (b) that does not have an electronic igniter shall be operated with a pilot flame present at all times as determined by § 63.309(h)(2). (c) Each flare installed to meet the requirements of this section shall be operated with no visible emissions, as determined by the methods specified in § 63.309(h)(1), except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. (d) As an alternative to the installation, operation, and maintenance of a flare system as required in paragraph (a) of this section, the owner or operator may petition the Administrator for approval of an alternative control device or system that achieves at least 98 percent destruction or control of coke oven emissions vented to the alternative control device or system. (e) The owner or operator of a by-product coke oven battery is exempt from the requirements of this section if the owner or operator: (1) Submits to the Administrator, no later than November 10, 1993, a formal commitment to close the battery permanently; and (2) Closes the battery permanently no later than December 31, 1995. In no case may the owner or operator continue to operate a battery for which a closure commitment is submitted, past December 31, 1995. (f) Any emissions resulting from the installation of flares (or other pollution control devices or systems approved pursuant to paragraph (d) of this section) shall not be used in making new source review determinations under part C and part D of title I of the Act. § 63.308 Standards for collecting mains. (a) On and after November 15, 1993, the owner or operator of a by-product coke oven battery shall inspect the collecting main for leaks at least once daily according to the procedures in Method 303 in appendix A to this part. (b) The owner or operator shall record the time and date a leak is first observed, the time and date the leak is temporarily sealed, and the time and date of repair. (c) The owner or operator shall temporarily seal any leak in the collecting main as soon as possible after detection, but no later than 4 hours after detection of the leak. (d) The owner or operator shall initiate a collecting main repair as expeditiously as possible, but no later than 5 calendar days after initial detection of the leak. The repair shall be completed within 15 calendar days after initial detection of the leak unless an alternative schedule is approved by the Administrator. § 63.309 Performance tests and procedures. (a) Except as otherwise provided, a daily performance test shall be conducted each day, 7 days per week for each new and existing coke oven battery, the results of which shall be used in accordance with procedures specified in this subpart to determine compliance with each of the applicable visible emission limitations for coke oven doors, topside port lids, offtake systems, and charging operations in this subpart. If a facility pushes and charges only at night, then that facility must, at its option, change their schedule and charge during daylight hours or provide adequate lighting so that visible emission inspections can be made at night. “Adequate lighting” will be determined by the enforcement agency. The performance test should be based on representative performance ( i.e., (1) Each performance test is to be conducted according to the procedures and requirements in this section and in Method 303 or 303A in appendix A to this part or Methods 9 and 22 in appendix A to part 60 of this chapter (where applicable). (2) Each performance test is to be conducted by a certified observer. (3) The certified observer shall complete any reasonable safety training program offered by the owner or operator prior to conducting any performance test at a coke oven battery. (4) Except as otherwise provided in paragraph (a)(5) of this section, the owner or operator shall pay an inspection fee to the enforcement agency each calendar quarter to defray the costs of the daily performance tests required under paragraph (a) of this section. (i) The inspection fee shall be determined according to the following formula: where F = Fees to be paid by owner or operator. H = Total person hours for inspections: 4 hours for 1 coke oven battery, 6.25 hours for 2 coke oven batteries, 8.25 hours for 3 coke oven batteries. For more than 3 coke oven batteries, use these hours to calculate the appropriate estimate of person hours. S = Current average hourly rate for private visible emission inspectors in the relevant market. (ii) The enforcement agency may revise the value for H in equation 3 within 3 years after October 27, 1993 to reflect the amount of time actually required to conduct the inspections required under paragraph (a) of this section. (iii) The owner or operator shall not be required to pay an inspection fee (or any part thereof) under paragraph (a)(4) of this section, for any monitoring or inspection services required by paragraph (a) of this section that the owner or operator can demonstrate are covered by other fees collected by the enforcement agency. (iv) Upon request, the enforcement agency shall provide the owner or operator information concerning the inspection services covered by any other fees collected by the enforcement agency, and any information relied upon under paragraph (a)(4)(ii) of this section. (5)(i) The EPA shall be the enforcement agency during any period of time that a delegation of enforcement authority is not in effect or a withdrawal of enforcement authority under § 63.313 is in effect, and the Administrator is responsible for performing the inspections required by this section, pursuant to § 63.313(c). (ii) Within thirty (30) days of receiving notification from the Administrator that the EPA is the enforcement agency for a coke oven battery, the owner or operator shall enter into a contract providing for the inspections and performance tests required under this section to be performed by a Method 303 certified observer. The inspections and performance tests will be conducted at the expense of the owner or operator, during the period that the EPA is the implementing agency. (b) The enforcement agency shall commence daily performance tests on the applicable date specified in § 63.300 (a) or (c). (c) The certified observer shall conduct each performance test according to the requirements in this paragraph: (1) The certified observer shall conduct one run each day to observe and record visible emissions from each coke oven door (except for doors covered by an alternative standard under § 63.305), topside port lid, and offtake system on each coke oven battery. The certified observer also shall conduct five runs to observe and record the seconds of visible emissions per charge for five consecutive charges from each coke oven battery. The observer may perform additional runs as needed to obtain and record a visible emissions value (or set of values) for an emission point that is valid under Method 303 or Method 303A in appendix A to this part. Observations from fewer than five consecutive charges shall constitute a valid set of charging observations only in accordance with the procedures and conditions specified in sections 3.8 and 3.9 of Method 303 in appendix A to this part. (2) If a valid visible emissions value (or set of values) is not obtained for a performance test, there is no compliance determination for that day. Compliance determinations will resume on the next day that a valid visible emissions value (or set of values) is obtained. (3) After each performance test for a by-product coke oven battery, the certified observer shall check and record the collecting main pressure according to the procedures in section 6.3 of Method 303 in appendix A to this part. (i) The owner or operator shall demonstrate pursuant to Method 303 in appendix A to this part the accuracy of the pressure measurement device upon request of the certified observer; (ii) The owner or operator shall not adjust the pressure to a level below the range of normal operation during or prior to the inspection; (4) The certified observer shall monitor visible emissions from coke oven doors subject to an alternative standard under § 63.305 on the schedule specified in § 63.305(f). (5) If applicable, the certified observer shall monitor the opacity of any emissions escaping the control device for a shed covering doors subject to an alternative standard under § 63.305 on the schedule specified in § 63.305(f). (6) In no case shall the owner or operator knowingly block a coke oven door, or any portion of a door for the purpose of concealing emissions or preventing observations by the certified observer. (d) Using the observations obtained from each performance test, the enforcement agency shall compute and record, in accordance with the procedures and requirements of Method 303 or 303A in appendix A to this part, for each day of operations on which a valid emissions value (or set of values) is obtained: (1) The 30-run rolling average of the percent leaking coke oven doors, topside port lids, and offtake systems on each coke oven battery, using the equations in sections 12.5, 12.6, and 12.7 of Method 303 (or section 12 of Method 303A) in appendix A to this part; (2) For by-product coke oven battery charging operations, the logarithmic 30-day rolling average of the seconds of visible emissions per charge for each battery, using the equation in section 12.4 of Method 303 in appendix A to this part; (3) For a battery subject to an alternative emission limitation for coke oven doors on by-product coke oven batteries pursuant to § 63.305, the 30-run rolling average of the percent leaking coke oven doors for any side of the battery not subject to such alternative emission limitation; (4) For a by-product coke oven battery subject to the small battery emission limitation for coke oven doors pursuant to § 63.304(b)(7), the 30-run rolling average of the number of leaking coke oven doors; (5) For an approved alternative emission limitation for coke oven doors according to § 63.305, the weekly or monthly observation of the percent leaking coke oven doors using Method 303 in appendix A to this part, the percent opacity of visible emissions from the control device for the shed using Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (incorporated by reference, see § 63.14), and visible emissions from the shed using Method 22 in appendix A-7 to 40 CFR part 60; (e) The certified observer shall make available to the implementing agency as well as to the owner or operator, a copy of the daily inspection results by the end of the day and shall make available the calculated rolling average for each emission point to the owner or operator as soon as practicable following each performance test. The information provided by the certified observer is not a compliance determination. For the purpose of notifying an owner or operator of the results obtained by a certified observer, the person does not have to be certified. (f) Compliance shall not be determined more often than the schedule provided for performance tests under this section. If additional valid emissions observations are obtained (or in the case of charging, valid sets of emission observations), the arithmetic average of all valid values (or valid sets of values) obtained during the day shall be used in any computations performed to determine compliance under paragraph (d) of this section or determinations under § 63.306. (g) Compliance with the alternative standards for nonrecovery coke oven batteries in § 63.303; shed inspection, maintenance requirements, and monitoring requirements for parameters affecting the shed exhaust or pushing/charging machine or equivalent device flow rate for batteries subject to alternative standards for coke oven doors under § 63.305; work practice emission control plan requirements in § 63.306; standards for bypass/bleeder stacks in § 63.307; and standards for collecting mains in § 63.308 is to be determined by the enforcement agency based on review of records and inspections. (h) For a flare installed to meet the requirements of § 63.307(b): (1) Compliance with the provisions in § 63.307(c) (visible emissions from flares) shall be determined using Method 22 in appendix A to part 60 of this chapter, with an observation period of 2 hours; and (2) Compliance with the provisions in § 63.307(b)(4) (flare pilot light) shall be determined using a thermocouple or any other equivalent device. (i) No observations obtained during any program for training or for certifying observers under this subpart shall be used to determine compliance with the requirements of this subpart or any other federally enforceable standard. (j) The owner or operator of a new nonrecovery coke oven battery shall conduct a performance test once each week to demonstrate compliance with the opacity limit in § 63.303(d)(1). The owner or operator shall conduct each performance test according to the procedures and requirements in paragraphs (j)(1) through (3) of this section. (1) Using a certified observer, determine the average opacity of five consecutive charges per week for each charging emissions capture system if charges can be observed according to the requirements of Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporated by reference, see § 63.14), except as specified in paragraphs (j)(1)(i) and (ii) of this section. (i) Instead of the procedures in section 2.4 of Method 9 in appendix A-4 to 40 CFR part 60 or section 8.4 of ASTM D7520-16 (as applicable; incorporated by reference, see § 63.14), record observations to the nearest 5 percent at 15-second intervals for at least five consecutive charges. (ii) Instead of the procedures in section 2.5 of Method 9 in appendix A-4 to 40 CFR part 60 or section 8.5 of ASTM D7520-16 (as applicable; incorporated by reference, see § 63.14), determine and record the highest 3-minute average opacity for each charge from the consecutive observations recorded at 15-second intervals. (2) Opacity observations are to start when the door is removed for charging and end when the door is replaced. (3) Using the observations recorded from each performance test, the certified observer shall compute and record the average of the highest 3-minute averages for five consecutive charges. (k) The owner or operator of a new nonrecovery coke oven battery shall conduct a performance test to demonstrate initial compliance with the emission limitations for a charging emissions control device in § 63.303(d)(2) within 180 days of the compliance date that is specified for the affected source in § 63.300(a)(4) and report the results in the notification of compliance status. The owner or operator shall prepare a site-specific test plan according to the requirements in § 63.7(c) and shall conduct each performance test according to the requirements in paragraphs (a) and (k)(1) through (4) of this section. (1) Determine the concentration of PM according to the following test methods in appendices A-1 through A-3 to 40 CFR part 60 (i) Method 1 to select sampling port locations and the number of traverse points. Sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. You may also use as an alternative to Method 3B, the manual method (but not instrumental procedures) for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas, ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14). (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 5 or 5D, as applicable, to determine the concentration of front half PM in the stack gas. (2) During each PM test run, sample only during periods of actual charging when the capture system fan and control device are engaged. Collect a minimum sample volume of 30 dry standard cubic feet (dscf) during each test run. Three valid test runs are needed to comprise a performance test. Each run must start at the beginning of a charge and finish at the end of a charge (i.e., sample for an integral number of charges). (3) Determine and record the total combined weight of tons of dry coal charged during the duration of each test run. (4) Compute the process-weighted mass emissions (E p Where: E p C = Concentration of PM, grains per dry standard cubic foot (gr/dscf); Q = Volumetric flow rate of stack gas, dscf/hr; T = Total time during a run that a sample is withdrawn from the stack during charging, hr; P = Total amount of dry coal charged during the test run, tons; and K = Conversion factor, 7,000 grains per pound (gr/lb). (l) The owner or operator of a new nonrecovery coke oven battery shall conduct subsequent performance tests for each charging emissions control device subject to the PM emissions limit in § 63.303(d)(2) at least once during each term of their title V operating permit. (m) Visible emission observations of a charging emissions control device required by § 63.303(d)(3)(iii) must be performed by a certified observer according to Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporated by reference, see § 63.14) for one 6-minute period. [58 FR 57911, Oct. 27, 1993, as amended at 68 FR 37345, June 23, 2003; 70 FR 20013, Apr. 15, 2005; 89 FR 55735, July 5, 2024] § 63.310 [Reserved] § 63.311 Reporting and recordkeeping requirements. (a) General requirements. (b) Initial compliance certification. (1) Statement signed by the owner or operator, certifying that a bypass/bleeder stack flare system or an approved alternative control device or system has been installed as required in § 63.307. (2) Statement, signed by the owner or operator, certifying that all work practice standards for charging operations have been met as required in § 63.303(b)(3). (3) Statement, signed by the owner or operator, certifying that all work practice standards for door leaks have been met as required in § 63.303(c). (4) Statement, signed by the owner or operator, that all applicable emission limitations in § 63.303(d)(1) and (2) for a new nonrecovery coke oven battery have been met. The owner or operator shall also include the results of the PM performance test required in § 63.309(k). (5) Statement, signed by the owner or operator, certifying that all work practice standards in § 63.303(d)(3) and (4) for a new nonrecovery coke oven battery have been met. (c) Notifications. (1) Intention to construct a new coke oven battery (including reconstruction of an existing coke oven battery and construction of a greenfield coke oven battery), a brownfield coke oven battery, or a padup rebuild coke oven battery, including the anticipated date of startup. (2) Election to meet emission limitation(s) in this subpart as follows: (i) Notification of election to meet the emission limitations in § 63.304(b)(1) or § 63.304(c) either in lieu of or in addition to the applicable emission limitations in § 63.302(a) or § 63.303(a) must be received by the Administrator on or before November 15, 1993; or (ii) Notification of election to meet the emission limitations in § 63.302(a)(1) or § 63.303(a), as applicable, must be received by the Administrator on or before December 31, 1995; and (iii) Notification of election to meet the emission limitations in § 63.304(b) (2) through (4) and § 63.304(c) or election to meet residual risk standards to be developed according to section 112(f) of the Act in lieu of the emission standards in § 63.304 must be received on or before January 1, 1998. (3) Intention to conduct a PM performance test for a new nonrecovery coke oven battery subject to the requirements in § 63.303(d)(2). The owner or operator shall provide written notification according to the requirements in § 63.7(b). (d) Semiannual compliance certification. (1) Certification, signed by the owner or operator, that no coke oven gas was vented, except through the bypass/bleeder stack flare system of a by-product coke oven battery during the reporting period or that a venting report has been submitted according to the requirements in paragraph (e) of this section. (2) Certification, signed by the owner or operator, that work practices were implemented if applicable under § 63.306. (3) Certification, signed by the owner or operator, that all work practices for nonrecovery coke oven batteries were implemented as required in § 63.303(b)(3). (4) Certification, signed by the owner or operator, that all coke oven door leaks on a nonrecovery battery were stopped according to the requirements in § 63.303(c)(2) and (3). If a coke oven door leak was not stopped according to the requirements in § 63.303(c)(2) and (3), or if the door leak occurred again during the coking cycle, the owner or operator must report the information in paragraphs (d)(4)(i) through (iv) of this section. (i) The oven number of each coke oven door for which a leak was not stopped according to the requirements in § 63.303(c)(2) and (3) or for a door leak that occurred again during the coking cycle. (ii) The total duration of the leak from the time the leak was first observed. (iii) The cause of the leak (including unknown cause, if applicable), any actions taken to minimize emissions in accordance with and § 63.300(e), the corrective action taken to stop the leak. (iv) Whether the failure occurred during a period of startup, shutdown or malfunction. (5) Certification, signed by the owner or operator, that the opacity of emissions from charging operations for a new nonrecovery coke oven battery did not exceed 20 percent. If the opacity limit in § 63.303(d)(1) was exceeded, the owner or operator must report the number, duration, and cause of the deviation (including unknown cause, if applicable), and the corrective action taken (6) Before September 3, 2024, report the results of any PM performance test for a charging emissions control device for a new nonrecovery coke oven battery conducted during the reporting period as required in § 63.309(l). Beginning on September 3, 2024, report PM performance test results according to paragraph (i) of this section. (7) Certification, signed by the owner or operator, that all work practices for a charging emissions control device for a new nonrecovery coke oven battery were implemented as required in § 63.303(d)(3). If a Method 9 in appendix A-4 to 40 CFR part 60 or ASTM D7520-16 (as applicable; incorporation by reference, see § 63.14) visible emissions observation exceeds 10 percent, the owner or operator must report the duration and cause of the deviation (including unknown cause, if applicable), and the corrective action taken. (8) Certification, signed by the owner or operator, that all work practices for oven dampers on a new nonrecovery coke oven battery were implemented as required in § 63.303(d)(4). (9) Facility name and address (including the county) and the beginning and ending date of the reporting period. (e) Report for the venting of coke oven gas other than through a flare system. (f) Recordkeeping. (1) For nonrecovery coke oven batteries, (i) Records of daily pressure monitoring, if applicable according to § 63.303(a)(1)(ii) or § 63.303(b)(1)(ii). (ii) Records demonstrating the performance of work practice requirements according to § 63.306(b)(7). This requirement applies to nonrecovery coke oven batteries subject to the work practice requirements in § 63.303(a)(2) or § 63.303(b)(3). (iii) Design characteristics of each emission control system for the capture and collection of charging emissions, as required by § 63.303(b)(2). (iv) Records to demonstrate compliance with the work practice requirement for door leaks in § 63.303(c). These records must include the oven number of each leaking door, total duration of the leak from the time the leak was first observed, the cause of the leak (including unknown cause, if applicable), the corrective action taken to return the affected unit to its normal or usual manner operation, and the amount of time taken to stop the leak from the time the leak was first observed. Beginning on January 2, 2025, an estimate of the quantity of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and whether the failure occurred during a period of startup, shutdown or malfunction. If you failed to meet an applicable standard, the compliance report must include the start date, start time, cause, and duration (in hours) of each failure. For each failure, beginning on January 2, 2025, the compliance report must include a list of the affected sources or equipment, actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (v) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in § 63.303(c)(1)(iv). (vi) Records of weekly performance tests to demonstrate compliance with the opacity limit for charging operations in § 63.303(d)(1). These records must include calculations of the highest 3-minute averages for each charge, the average opacity of five charges, and, if applicable, records demonstrating why five consecutive charges were not observed (e.g., the battery was charged only at night). (vii) Records of all PM performance tests for a charging emissions control device to demonstrate compliance with the limit in § 63.303(d)(2). (viii) Records of all daily visible emission observations for a charging emission control device to demonstrate compliance with the requirements limit in § 63.303(d)(3). (ix) Records to demonstrate compliance with the work practice requirements for oven uptake damper monitoring and adjustments in § 63.303(d)(4). (2) For an approved alternative emission limitation according to § 63.305; (i) Monitoring records for parameter(s) that indicate the exhaust flow rate is maintained; (ii) If applicable under § 63.305(f)(4)(i); (A) Records of opacity readings from the continuous opacity monitor for the control device for the shed. Beginning on January 2, 2025, if you failed to meet an applicable standard, the compliance report must include whether the failure occurred during a period of startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment; the start date, start time, and duration (in hours) of each failure; and any corrective actions taken to return the affected unit to its normal or usual manner of operation. For each failure, beginning on January 2, 2025, the compliance report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions; and (B) Records that demonstrate the continuous opacity monitoring system meets the requirements of Performance Specification 1 in appendix B to part 60 of this chapter and the operation and maintenance requirements in part 52 of this chapter; and (iii) Records of quarterly visual inspections as specified in § 63.305(f)(5), including the time and date a defect is detected and repaired. (3) A copy of the work practice plan required by § 63.306 and any revision to the plan; (4) If the owner or operator is required under § 63.306(c) to implement the provisions of a work practice plan for a particular emission point, the following records regarding the implementation of plan requirements for that emission point during the implementation period; (i) Copies of all written and audiovisual materials used in the training, the dates of each class, the names of the participants in each class, and documentation that all appropriate personnel have successfully completed the training required under § 63.306(b)(1); (ii) The records required to be maintained by the plan provisions implementing § 63.306(b)(7); (iii) Records resulting from audits of the effectiveness of the work practice program for the particular emission point, as required under § 63.306(b)(2)(i), 63.306(b)(3)(i), 63.306(b)(4)(i), or 63.306(b)(5)(i); and (iv) If the plan provisions for coke oven doors must be implemented, records of the inventory of doors and jambs as required under § 63.306(b)(2)(vi); and (5) The design drawings and engineering specifications for the bypass/bleeder stack flare system or approved alternative control device or system as required under § 63.307. (g) Record availability. (1) Requests under paragraph (g) of this section shall be submitted in writing or electronically, and shall identify the records or reports that are subject to the request with reasonable specificity; (2) The owner or operator shall produce the reports for inspection and copying within a reasonable period of time, not to exceed 30 days. A reasonable fee may be charged for copying (except for the first copy of any document), which shall not exceed the copying fee charged by the Administrator under part 2 of this chapter; (3) Nothing in paragraph (g) of this section shall require the production for inspection or copying of any portion of a document that contains trade secrets or confidential business information that the Administrator would be prohibited from disclosing to the public under part 2 of this chapter; and (4) The inspection or copying of a document under paragraph (g) of this section shall not in any way affect any property right of the owner or operator in such document under laws for the protection of intellectual property, including the copyright laws. (h) Electronic reporting of compliance certification reports. (i) Electronic Reporting of Performance Tests. https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (j) Fenceline monitoring reporting. https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) Facility name and address (including the county). (2) Year and reporting quarter ( i.e., (3) For each passive tube monitor: The latitude and longitude location coordinates; the sampler name; and identification of the type of sampler ( i.e., (4) The beginning and ending dates for each sampling period. (5) Individual sample results for benzene reported in units of micrograms per cubic meter ( m 3 (6) Data flags that indicate each monitor that was skipped for the sampling period, if the owner or operator uses an alternative sampling frequency under § 63.314(a)(2)(iii). (7) Data flags for each outlier determined in accordance with section 9.2 of Method 325A in appendix A to this part. For each outlier, the owner or operator must submit the individual sample result of the outlier, as well as the evidence used to conclude that the result is an outlier. (8) The biweekly concentration difference (Δc) for benzene for each sampling period and, beginning the first quarterly report with sufficient data to calculate an annual average, the annual average Δc for benzene for each sampling period. (9) Indication of whether the owner or operator was required to develop a corrective action plan under § 63.314(e) of this subpart. (k) Confidential business information (CBI). (1) The EPA will make all the information submitted through CEDRI available to the public without further notice to you. Do not use CEDRI to submit information you claim as CBI. Although we do not expect persons to assert a claim of CBI, if you wish to assert a CBI claim for some of the information submitted under paragraphs (h) or (i) of this section, you must submit a complete file, including information claimed to be CBI, to the EPA. (2) For performance test reports according to paragraph (j) of this section, the file must be generated using the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. (3) Clearly mark the part or all of the information that you claim to be CBI. Information not marked as CBI may be authorized for public release without prior notice. Information marked as CBI will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. (4) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OAQPS CBI Office at the email address oaqpscbi@epa.gov, oaqpscbi@epa.gov (5) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OAQPS Document Control Officer (C404-02), OAQPS, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711, Attention Group Leader, Measurement Policy Group or Coke Oven Sector Lead as indicated in paragraph (k)(4) of this section. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope. (6) All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. (7) You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described in paragraphs (h), (i), or (j) of this section. (l) Fenceline monitoring recordkeeping. (1) Coordinates of all fenceline monitors, including co-located samplers and field blanks, and if applicable, the meteorological station. The owner or operator shall determine the coordinates using an instrument with an accuracy of at least 3 meters. The coordinates shall be in decimal degrees with at least five decimal places. (2) The start and stop times and dates for each sample, as well as the tube identifying information. (3) Sampling period average temperature and barometric pressure measurements. (4) For each outlier determined in accordance with Section 9.2 of Method 325A in appendix A to this part, the sampler location of and the concentration of the outlier and the evidence used to conclude that the result is an outlier. (5) For samples that will be adjusted for a background, the location of and the concentration measured simultaneously by the background sampler(s), and the perimeter samplers to which it applies. (6) Individual sample results, the calculated Δc for benzene for each sampling period and the two samples used to determine it, whether background correction was used, and the annual average Δc calculated after each sampling period. (7) Method detection limit for each sample, including co-located samples and blanks. (8) Documentation of the root cause analysis and any corrective action taken each time the action level was exceeded, including the dates the root cause analysis was initiated and the resulting correction action(s) were taken. (9) Any corrective action plan developed under § 63.314(e). (10) Other records as required by Methods 325A and 325B in appendix A to this part. (11) If a near-field source correction is used as provided in § 63.314(f), or if an alternative test method is used that provides time-resolved measurements, records of hourly meteorological data, including temperature, barometric pressure, wind speed and wind direction, calculated daily unit vector wind direction and daily sigma theta, and other records specified in the site-specific monitoring plan. [58 FR 57911, Oct. 27, 1993, as amended at 70 FR 20014, Apr. 15, 2005; 85 FR 73888, Nov. 19, 2020; 89 FR 55735, July 5, 2024; 90 FR 30004, July 8, 2025; 90 FR 56012, Dec. 5, 2025] § 63.312 Existing regulations and requirements. (a) The owner or operator shall comply with all applicable State implementation plan emission limits and (subject to any expiration date) all federally enforceable emission limitations which are contained in an order, decree, permit, or settlement agreement for the control of emissions from offtake systems, topside port lids, coke oven doors, and charging operations in effect on September 15, 1992, or which have been modified according to the provisions of paragraph (c) of this section. (b) Nothing in this subpart shall affect the enforcement of such State implementation plan emission limitations (or, subject to any expiration date, such federally enforceable emission limitations contained in an order, decree, permit, or settlement agreement) in effect on September 15, 1992, or which have been modified according to the provisions in paragraph (c) of this section. (c) No such State implementation plan emission limitation (or, subject to any expiration date, such federally enforceable emission limitation contained in an order, decree, permit, or settlement agreement) in effect on September 15, 1992, may be modified under the Act unless: (1) Such modification is consistent with all requirements of section 110 of the Act; and either (i) Such modification ensures that the applicable emission limitations and format (e.g., single pass v. multiday average) in effect on September 15, 1992, will continue in effect; or (ii) Such modification includes a change in the method of monitoring (except frequency unless frequency was indicated in the State implementation plan, or subject to any expiration date, other federally enforceable requirements contained in an order, decree, permit, or settlement agreement) that is more stringent than the method of monitoring in effect on September 15, 1992, and that ensures coke oven emission reductions greater than the emission reductions required on September 15, 1992. The burden of proof in demonstrating the stringency of the methods of monitoring is borne by the party requesting the modification and must be made to the satisfaction of the Administrator; or (iii) Such modification makes the emission limitations more stringent while holding the format unchanged, makes the format more stringent while holding the emission limitations unchanged, or makes both more stringent. (2) Any industry application to make a State implementation plan revision or other adjustment to account for differences between Method 303 in appendix A to this part and the State's method based on paragraph (c)(1)(ii) of this section shall be submitted within 12 months after October 27, 1993. (d) Except as specified in § 63.307(f), nothing in this subpart shall limit or affect any authority or obligation of Federal, State, or local agencies to establish emission limitations or other requirements more stringent than those specified in this subpart. (e) Except as provided in § 63.302(c), section 112(g) of the Act shall not apply to sources subject to this subpart. § 63.313 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (d) of this section are retained by the Administrator and cannot be transferred to the State, local, or Tribal agency. (c) Withdrawal of authority: (1) Whenever the Administrator learns that a delegated agency has not fully carried out the inspections and performance tests required under § 63.309 for each applicable emission point of each battery each day, the Administrator shall immediately notify the agency. Unless the delegated agency demonstrates to the Administrator's satisfaction within 15 days of notification that the agency is consistently carrying out the inspections and performance tests required under § 63.309 in the manner specified in the preceding sentence, the Administrator shall notify the coke oven battery owner or operator that inspections and performance tests shall be carried out according to § 63.309(a)(5). When the Administrator determines that the delegated agency is prepared to consistently perform all the required inspections and performance tests each day, the Administrator shall give the coke oven battery owner or operator at least 15 days notice that implementation will revert to the previously delegated agency. (2) In addition to the provisions in paragraph (c)(1) of this section, the Administrator may also withdraw delegation of authority pursuant to the provisions of § 63.96 of subpart E of this part. (d) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (d)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.300 and 63.302 through 63.308 (except the authorities in 63.306(a)(2) and (d)). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of any changes to section 2 of Method 303 in appendix A of this part. (4) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (5) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (6) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37346, June 23, 2003, as amended at 89 FR 55738, July 5, 2024] § 63.314 Fenceline monitoring provisions. For each by-product coke oven battery facility as defined in § 63.301, beginning no later than July 7, 2025, the owner or operator of a coke manufacturing facility shall conduct sampling along the facility property boundary and analyze the samples in accordance with paragraphs (a) through (g) of this section. (a) The owner or operator must conduct sampling along the facility property boundary and analyze the samples in accordance with Methods 325A and 325B in appendix A to this part and paragraphs (a)(1) through (a)(2) of this section. The monitoring perimeter may be located within the facility, inside the facility property boundary. However, the monitoring perimeter must encompass all potential sources of benzene that are located within the facility's property boundary. (1) The target analyte is benzene. The owner or operator must follow the procedure in section 9.6 of Method 325B in appendix A to this part to determine the detection limit of benzene for each sampler used to collect samples and blanks. (2) The owner or operator must use a sampling period and sampling frequency as specified in paragraphs (a)(2)(i) through (a)(2)(iii) of this section. (i) A 14-day sampling period must be used unless a shorter sampling period is determined to be necessary under paragraph (e) or (g) of this section. A sampling period is defined as the period during which a sampling tube is deployed at a specific sampling location with the diffusive sampling end cap in-place and does not include the time required to analyze the sample. For the purpose of this subpart, a 14-day sampling period may be no shorter than 13 calendar days and no longer than 15 calendar days, but the routine sampling period must be 14 calendar days. (ii) Except as provided in paragraph (a)(2)(iii) of this section, the frequency of sample collection must be once each contiguous 14-day sampling period, such that the beginning of the next 14-day sampling period begins immediately upon the completion of the previous 14-day sampling period. (iii) When an individual monitor consistently achieves results for benzene at or below the level specified in paragraph (a)(3) of this section, the owner or operator may elect to use the applicable minimum sampling frequency specified in paragraphs (a)(2)(iii)(A) through (E) of this section for that monitoring site. When calculating Δc for the monitoring period when using this alternative for burden reduction, use zero for the lowest sampling result for each monitoring period where one or more samples was not taken and/or analyzed for benzene. (A) If every sample at a monitoring site is at or below the level specified in paragraph (a)(3) of this section for 2 years (52 consecutive samples), every other sampling period can be skipped for that monitoring site, i.e., (B) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(A) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e., i.e., (C) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(B) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e., i.e., (D) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(C) of this section is at or below the level specified in paragraph (a)(3) of this section for 2 years ( i.e., (E) If at any time a sample for a monitoring site that is monitored at the frequency specified in paragraph (a)(2)(iii)(A) through (D) of this section returns a result that is above the level specified in paragraph (a)(3) of this section, the sampling site must return to the original sampling requirements of contiguous 14-day sampling periods with no skip periods for one quarter (six 14-day sampling periods). If every sample collected during this quarter is at or below the level specified in paragraph (a)(3) of this section, the owner or operator may revert back to the reduced monitoring schedule applicable for that monitoring site prior to the sample reading exceeding the level specified in paragraph (a)(3) of this section. If any sample collected during this quarter is above the level specified in paragraph (a)(3) of this section, that monitoring site must return to the original sampling requirements of contiguous 14-day sampling periods with no skip periods for a minimum of two years. The burden reduction requirements can be used again for that monitoring site once the requirements of paragraph (a)(2)(iii)(A) of this section are met again, i.e., (3) To use the alternative sampling frequency outlined in paragraph (a)(2) of this section, an individual monitor must consistently achieve results for benzene at or below 0.7 m 3 (b) The owner or operator shall collect and record meteorological data according to the applicable requirements in paragraphs (b)(1) through (3) of this section. (1) If a near-field source correction is used as provided in paragraph (f)(2) of this section and/or if an alternative test method is used that provides time-resolved measurements, the owner or operator must use an on-site meteorological station in accordance with section 8.3 of Method 325A in appendix A to this part. Collect and record hourly average meteorological data, including temperature, barometric pressure, wind speed and wind direction, and calculate daily unit vector wind direction and daily sigma theta. (2) For cases other than those specified in paragraph (b)(1) of this section, the owner or operator shall collect and record sampling period average temperature and barometric pressure using either an on-site meteorological station in accordance with section 8.3 of Method 325A in appendix A to this part or, alternatively, using data from a National Weather Service (NWS) meteorological station provided the NWS meteorological station is within 40 kilometers (25 miles) of the coke manufacturing facility. (3) If an on-site meteorological station is used, the owner or operator shall follow the calibration and standardization procedures for meteorological measurements in EPA-454/B-08-002 (incorporated by reference, see § 63.14). (c) Within 45 days of completion of each sampling period, the owner or operator shall determine whether the results are above or below the action level as follows. (1) The owner or operator must determine the facility impact on the benzene concentration (Δc) for each sampling period according to either paragraph (c)(1)(i) or (ii) of this section, as applicable. (i) Except when near-field source correction is used as provided in paragraph (c)(1)(ii) of this section, the owner or operator shall determine the highest and lowest sample results for benzene concentrations from the sample pool and calculate Δc as the difference in these concentrations. Co-located samples must be averaged together for the purposes of determining the benzene concentration for that sampling location, and, if applicable, for determining Δc. The owner or operator shall adhere to the following procedures when one or more samples for the sampling period are below the method detection limit for benzene: (A) If the lowest detected value of benzene is below detection, the owner or operator shall use zero as the lowest sample result when calculating Δc. (B) If all sample results are below the method detection limit, the owner or operator shall use the method detection limit as the highest sample result and zero as the lowest sample result when calculating Δc. (C) In the case of co-located samples, if one sample is above the method detection limit while the other sample is below the method detection limit, the owner or operator must use the method detection limit as the result for the sample that is below the method detection limit for purposes of averaging the results to determine the concentration at a particular sampling location, and, if applicable, for determining Δc. (ii) When near-field source correction is used as provided in paragraph (f)(2) of this section, the owner or operator must determine Δc using the calculation protocols outlined in paragraph (c)(1)(i) of this section except as provided in this paragraph (c)(1)(ii), and the additional requirements in paragraph (f)(2) of this section, as well as any additional requirements outlined in the approved site-specific monitoring plan. The Δc for the sampling period is equal to the higher of the values in paragraphs (c)(1)(ii)(A) and (B) of this section. (A) The highest corrected sample result from a sampling location where near-field source correction is used during the sampling period. (B) The difference in concentration between the highest sample result that was not corrected for a near-field source during the sampling period and the lowest sample result for the sampling period. (2) The owner or operator must calculate the annual average Δc based on the average of the 26 most recent 14-day sampling periods. The owner or operator must update this annual average value after receiving the results of each subsequent 14-day sampling period. (3) The action level for benzene is 7 m 3 m 3 (d) Once the action level in paragraph (c)(3) of this section has been exceeded, the owner or operator must take the following actions to bring the annual average Δc back below the action level. (1) Within 5 days of updating the annual average value as required in paragraph (c)(2) of this section and determining that the action level in paragraph (c)(3) of this section has been exceeded ( i.e., (i) Root cause analysis may include, but is not limited to: (A) Leak inspection using Method 21 in appendix A-7 to 40 CFR part 60, optical gas imaging, or handheld monitors. (B) Visual inspection to determine the cause of the high benzene emissions. (C) Employing progressively more frequent sampling, analysis and meteorology ( e.g., (D) Operator knowledge of process changes ( e.g., (ii) If the root cause cannot be identified using the type of techniques described in paragraph (d)(1)(i) of this section, the owner or operator must employ more frequent sampling and analysis to determine the root cause of the exceedance. (A) The owner or operator may first employ additional monitoring points and shorter sampling periods for Methods 325A and 325B in appendix A to this part for benzene to determine the root cause of the exceedance. (B) If the owner or operator has not determined the root cause of the exceedance within 30 days of determining that the action level has been exceeded, the owner or operator must employ the appropriate real-time sampling techniques ( e.g., (2) If either the underlying primary or other contributing causes of the exceedance are deemed to be under the control of the owner or operator and subject to a regulation codified in 40 CFR part 63, except as provided in paragraph (c)(3) of this section, the owner or operator must take appropriate corrective action as expeditiously as possible to bring annual average fenceline concentrations back below the action level set forth in paragraph (c)(3) of this section and to prevent future exceedances from the same underlying cause(s). (3) If the underlying primary or other contributing cause of the exceedance is under the control of the owner or operator but not subject to a regulation codified in 40 CFR part 63, as evidenced through the root cause analysis in paragraph (d)(1) of this section and supported by appropriate real-time sampling techniques consistent with paragraph (d)(1)(ii)(B) of this section, the owner or operator is not required to take corrective action under this subpart at any portion of the facility not subject to a regulation codified in 40 CFR part 63. However, the owner or operator must add additional monitoring locations in accordance with section 8.2.1.3 of EPA Method 325A in appendix A to this part or update their site-specific monitoring plan to add additional real-time monitors to account and correct for this near-field source of emissions not subject to a regulation codified in 40 CFR part 63 within 60 days of determining the underlying cause. (4) The root cause analysis must be completed and initial corrective actions, if applicable, taken no later than 45 days after determining there is an exceedance of an action level. (5) Except as noted in paragraph (d)(6) of this section, until the annual average Δc is below the action level again, following the completion of the initial corrective action, the owner or operator must conduct a new root cause analysis according to this paragraph (d), and if required, submit a corrective action plan under paragraph (e) of this section following any sampling period for which the Δc for the sampling period is greater than the action level in paragraph (c)(3) of this section. (6) This paragraph applies when an owner or operator is required under paragraph (d)(3) of this section to update the site-specific monitoring plan to account for an additional near-field emission source. Until the annual average Δc is below the action level again, following implementation of the approved revision to the site-specific monitoring plan, the owner or operator must conduct a new root cause analysis according to this paragraph (d), and if required, submit a corrective action plan under paragraph (e) of this section following any sampling period for which the Δc for the sampling period is greater than the action level in paragraph (c)(3) of this section. (e) An owner or operator must develop a corrective action plan if any of the conditions in paragraphs (e)(1) through (e)(3) of this section are met. The corrective action plan must describe the corrective action(s) completed to date, additional measures that the owner or operator proposes to employ to reduce annual average fenceline concentrations below the action level set forth in paragraph (c)(3) of this section, and a schedule for completion of these measures. The corrective action plan does not need to be approved by the Administrator. However, if upon review, the Administrator disagrees with the additional measures outlined in the plan, the owner or operator must revise and resubmit the plan within 7 calendar days of receiving comments from the Administrator. (1) Except as noted in paragraph (e)(3) of this section, if upon completion of the root cause analysis and initial corrective actions required under paragraph (d) of the section, the Δc value for the next sampling period, for which the sampling start time begins after the completion of the initial corrective actions, is greater than the level specified in paragraph (c)(3) of this section. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the Δc value for the sampling period following the completion of the initial corrective action is greater than the level specified in paragraph (c)(3) of this section. (2) The owner or operator must develop a corrective action plan if complete implementation of all corrective measures identified in the root cause analysis required by paragraph (e) of this section will require more than 45 days. The owner or operator must submit the corrective action plan to the Administrator no later than 60 days following the completion of the root cause analysis required in paragraph (d) of this section. (3) The owner or operator must develop a corrective action plan if upon completion of the root cause analysis and following implementation of the approved revision to the site-specific monitoring plan required under paragraph (d)(3) of this section, the Δc value for the next sampling period, for which the sampling start time begins after implementation of the approved revision to the site-specific monitoring plan, is greater than the level specified in paragraph (c)(3) of this section. The corrective action plan must include the implementation of real-time sampling techniques to locate the primary and other contributing causes of the exceedance. The owner or operator must submit the corrective action plan to the Administrator within 60 days after receiving the analytical results indicating that the Δc value for the sampling period following the implementation of the approved revision to the site-specific monitoring plan is greater than the level specified in paragraph (c)(3) of this section. (f) An owner or operator may request approval from the Administrator for a site-specific monitoring plan to account for offsite upwind sources or onsite sources not subject to a regulation codified in 40 CFR part 63 according to the requirements in paragraphs (f)(1) through (4) of this section. (1) The owner or operator must prepare and submit a site-specific monitoring plan and receive approval of the site-specific monitoring plan prior to using the near-field source alternative calculation for determining Δc provided in paragraph (f)(2) of this section. The site-specific monitoring plan shall include, at a minimum, the elements specified in paragraphs (f)(1)(i) through (v) of this section. The procedures in section 12 of Method 325A in appendix A to this part are not required, but may be used, if applicable, when determining near-field source contributions. (i) Identification of the near-field source or sources. For onsite sources, specify that the onsite source is not subject to a regulation codified in 40 CFR part 63 and identify any federal regulation or federally enforceable permit condition the source is subject to. (ii) Identification of the fenceline monitoring locations impacted by the near-field source. If more than one near-field source is present, identify the near-field source or sources that are expected to contribute to the concentration at each monitoring location. (iii) A description of (including sample calculations illustrating) the planned data reduction; treatment of invalid data and data below detection limits; and calculations to determine the near-field source concentration contribution for each monitoring location. (iv) A detailed description of the measurement technique, measurement location(s), the standard operating procedures, measurement frequency, recording frequency, measurement detection limit, and data quality indicators to ensure accuracy, precision, and validity of the data. If you are accounting for on-site sources, you must use a real-time sampling technique ( e.g., (v) A detailed description of how data will be handled during periods of calm wind conditions ( i.e., (2) When an approved site-specific monitoring plan is used, the owner or operator shall determine Δc for comparison with action level according to paragraph (c) of this section. When determining the sample results for use in the Δc calculation, the concentration for any monitor that has been corrected using an approved site-specific monitoring plan will be corrected according to the procedures specified in paragraphs (f)(2)(i) and (ii) of this section. (i) For each monitoring location corrected using the site-specific monitoring plan, the corrected fenceline concentration at that monitoring station will be equal to the fenceline concentration measured with Methods 325A and 325B in appendix A to this part minus the near-field source contributing concentration at the measurement location determined using the additional measurements and calculation procedures included in the approved site-specific monitoring plan. (ii) If the fenceline concentration at the monitoring station is below the method detection limit for Methods 325A and 325B in appendix A to this part, no near-field source contribution can be subtracted from that monitoring station for that sampling period. (3) The site-specific monitoring plan shall be submitted and approved as described in paragraphs (f)(3)(i) through (iv) of this section. (i) The site-specific monitoring plan must be submitted to the Administrator for approval. (ii) The site-specific monitoring plan shall also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (D243-02), Attention: Metals and Inorganic Chemicals Group, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies also may be submitted to fencelineplan@epa.gov. (iii) The Administrator shall approve or disapprove the plan in 120 days. The plan shall be considered approved if the Administrator either approves the plan in writing or fails to disapprove the plan in writing. The 120-day period shall begin when the Administrator confirms receipt of a complete site-specific monitoring plan. (iv) If the Administrator finds any deficiencies in the site-specific monitoring plan and disapproves the plan in writing, the owner or operator may revise and resubmit the site-specific monitoring plan following the requirements in paragraphs (f)(3)(i) and (ii) of this section. The 120-day period starts over with the resubmission of the revised monitoring plan. The Administrator may indicate in writing that a submitted plan is incomplete and specify the information necessary for completeness. (4) The approval by the Administrator of a site-specific monitoring plan will be based on the completeness, accuracy and reasonableness of the request for a site-specific monitoring plan. Factors that the Administrator will consider in reviewing the request for a site-specific monitoring plan include, but are not limited to, those described in paragraphs (f)(4)(i) through (v) of this section. (i) The identification of the near-field source or sources and evidence of how the sources impact the fenceline concentration. (ii) The location(s) selected for additional monitoring to determine the near-field source concentration contribution. (iii) The identification of the fenceline monitoring locations impacted by the near-field source or sources. (iv) The appropriateness of the planned data reduction and calculations to determine the near-field source concentration contribution for each monitoring location, including the handling of invalid data, data below the detection limit, and data during calm periods. (v) The adequacy of the description of and the rationale for the measurement technique, measurement location(s), the standard operating procedure, the measurement and recording frequency, measurement detection limit, and data quality indicators proposed to ensure accuracy, precision, and validity of the data. (g) The owner or operator shall comply with the applicable recordkeeping and reporting requirements in § 63.311. (h) As outlined in § 63.7(f), the owner or operator may submit a request for an alternative test method. At a minimum, the request must follow the requirements outlined in paragraphs (h)(1) through (7) of this section. (1) The alternative method may be used in lieu of all samplers or a partial number of the passive samplers required in Method 325A in appendix A to this part. (2) The alternative method must be validated according to Method 301 in appendix A of this part or contain performance-based procedures and indicators to ensure self-validation. (3) The method detection limit must nominally be at least one-third of the action level. The alternate test method must describe the procedures used to provide field verification of the detection limit in the sample matrix being measured. (4) If the alternative test method will be used to replace some or all passive samplers required under paragraph (a) of this section, the spatial coverage must be equal to or better than the spatial coverage provided in Method 325A in appendix A to this part. (i) For path average concentration open-path instruments, the physical path length of the measurement shall be no more than a passive sample footprint (the spacing that would be provided by the sorbent traps when following Method 325A). For example, if Method 325A requires spacing monitors A and B 610 meters (2000 feet) apart, then the physical path length limit for the measurement at that portion of the fenceline shall be no more than 610 meters (2000 feet). (ii) For range resolved open-path instrument or approach, the instrument or approach must be able to resolve an average concentration over each passive sampler footprint within the path length of the instrument. (iii) The extra samplers required in sections 8.2.1.3 of Method 325A may be omitted when they fall within the path length of an open-path instrument. (5) At a minimum, non-integrating alternative test methods must provide a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (6) For alternative test methods capable of real time measurements (less than a 5-minute sampling and analysis cycle), the alternative test method may allow for elimination of data points corresponding to outside emission sources for purpose of calculation of the high point for the two-week average. The alternative test method approach must have wind speed, direction and stability class of the same time resolution and within the footprint of the instrument. (7) For purposes of averaging data points to determine the Δc for the 14-day average high sample result, all results measured under the method detection limit must use the method detection limit. For purposes of averaging data points for the 14-day average low sample result, all results measured under the method detection limit must use zero. [89 FR 55738, July 5, 2024, as amended at 90 FR 30004, July 8, 2025; 90 FR 56013, Dec. 5, 2025] Appendix A to Subpart L of Part 63—Operating Coke Oven Batteries as of April 1, 1992 No. Plant Battery 1 ABC Coke, Tarrant, AL A 5 6 2 Acme Steel, Chicago, IL 1 2 3 Armco, Inc., Middletown, OH 1 2 3 4 Armco, Inc., Ashland, KY 3 4 5 Bethlehem Steel, Bethlehem, PA A 2 3 6 Bethlehem Steel, Burns Harbor, IN 1 2 7 Bethlehem Steel, Lackawanna, NY 7 8 8 Citizens Gas, Indianapolis, IN E H 1 9 Empire Coke, Holt, AL 1 2 10 Erie Coke, Erie, PA A B 11 Geneva Steel, Provo, UT 1 2 3 4 12 Gulf States Steel, Gadsden, AL 2 3 13 Inland Steel, East Chicago, IN 6 7 9 10 11 14 Jewell Coal and Coke, Vansant, VA 2 3A 3B 3C 15 Koppers, Woodward, AL 1 2A 2B 4A 4B 5 16 LTV Steel, Cleveland, OH 6 7 17 LTV Steel, Pittsburgh, PA P1 P2 P3N P3S P4 18 LTV Steel, Chicago, IL 2 19 LTV Steel, Warren, OH 4 20 National Steel, Ecorse, MI 5 21 National Steel, Granite City, IL A B 22 New Boston Coke, Portsmouth, OH 1 23 Sharon Steel, Monessen, PA 1B 2 24 Shenango, Pittsburgh, PA 1 4 25 Sloss Industries, Birmingham, AL 3 4 5 26 Toledo Coke, Toledo, OH C 27 Tonawanda Coke, Buffalo, NY 1 28 USX, Clairton, PA 1 2 3 7 8 9 13 14 15 19 20 B 29 USX, Gary, IN 2 3 5 7 30 Wheeling-Pittsburgh, E. Steubenville, WV 1 3 8 [58 FR 57911, Oct. 27, 1993; 59 FR 1992, Jan. 13, 1994] Subpart M—National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities Source: 58 FR 49376, Sept. 22, 1993, unless otherwise noted. § 63.320 Applicability. (a) The provisions of this subpart apply to the owner or operator of each dry cleaning facility that uses perchloroethylene. (b) The compliance date for a new dry cleaning system depends on the date that construction or reconstruction commences. (1) Each dry cleaning system that commences construction or reconstruction on or after December 9, 1991 and before December 21, 2005, shall be in compliance with the provisions of this subpart except § 63.322(o) beginning on September 22, 1993 or immediately upon startup, whichever is later, except for dry cleaning systems complying with section 112(i)(2) of the Clean Air Act; and shall be in compliance with the provisions of § 63.322(o) beginning on July 28, 2008, except as provided by § 63.6(b)(4), as applicable. (2)(i) Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005 shall be in compliance with the provisions of this subpart, except § 63.322(o), immediately upon startup; and shall be in compliance with the provisions of § 63.322(o) beginning on July 27, 2006 or immediately upon startup, whichever is later. (ii) Each dry cleaning system that commences construction or reconstruction on or after December 21, 2005, but before July 13, 2006, and is located in a building with a residence, shall be in compliance with the provisions of this subpart, except § 63.322(o), immediately upon startup; shall be in compliance with the provisions of § 63.322(o)(5)(ii) beginning on July 27, 2006; and shall be in compliance with the provisions of § 63.322(o)(5)(i) beginning on July 27, 2009. (3) Each dry cleaning system that commences construction or reconstruction on or after July 27, 2006, shall be in compliance with the provisions of this subpart, including § 63.322(o), immediately upon startup. (c) Each dry cleaning system that commenced construction or reconstruction before December 9, 1991, and each new transfer machine system and its ancillary equipment that commenced construction or reconstruction on or after December 9, 1991 and before September 22, 1993, shall comply with §§ 63.322(c), (d), (i), (j), (k), (l), and (m); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) beginning on December 20, 1993, and shall comply with other provisions of this subpart except § 63.322(o) by September 23, 1996; and shall comply with § 63.322(o) by July 28, 2008. (d) Each existing dry-to-dry machine and its ancillary equipment located in a dry cleaning facility that includes only dry-to-dry machines, and each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, as well as each existing dry-to-dry machine and its ancillary equipment, located in a dry cleaning facility that includes both transfer machine system(s) and dry-to-dry machine(s) is exempt from §§ 63.322, 63.323, and 63.324, except §§ 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3), (o)(4) and (o)(5)(i); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the total PCE consumption of the dry cleaning facility is less than 530 liters (140 gallons) per year. Consumption is determined according to § 63.323(d). (e) Each existing transfer machine system and its ancillary equipment, and each new transfer machine system and its ancillary equipment installed between December 9, 1991, and September 22, 1993, located in a dry cleaning facility that includes only transfer machine system(s), is exempt from §§ 63.322, 63.323, and 63.324, except §§ 63.322(c), (d), (i), (j), (k), (l), (m), (o)(1), (o)(3) and (o)(4); 63.323(d); and 63.324(a), (b), (d)(1), (d)(2), (d)(3), (d)(4), and (e) if the PCE consumption of the dry cleaning facility is less than 760 liters (200 gallons) per year. Consumption is determined according to § 63.323(d). (f) If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to § 63.323(d) is initially less than the amounts specified in paragraph (d) or (e) of this section, but later exceeds those amounts, the existing dry cleaning system(s) and new transfer machine system(s) and its (their) ancillary equipment installed between December 9, 1991 and September 22, 1993 in the dry cleaning facility must comply with § 63.322, § 63.323, and § 63.324 by 180 calendar days from the date that the facility determines it has exceeded the amounts specified, or by September 23, 1996, whichever is later. (g) A dry cleaning facility is a major source if the facility emits or has the potential to emit more than 9.1 megagrams per year (10 tons per year) of perchloroethylene to the atmosphere. In lieu of measuring a facility's potential to emit perchloroethylene emissions or determining a facility's potential to emit perchloroethylene emissions, a dry cleaning facility is a major source if: (1) It includes only dry-to-dry machine(s) and has a total yearly perchloroethylene consumption greater than 8,000 liters (2,100 gallons) as determined according to § 63.323(d); or (2) It includes only transfer machine system(s) or both dry-to-dry machine(s) and transfer machine system(s) and has a total yearly perchloroethylene consumption greater than 6,800 liters (1,800 gallons) as determined according to § 63.323(d). (h) A dry cleaning facility is an area source if it does not meet the conditions of paragraph (g) of this section. (i) If the total yearly perchloroethylene consumption of a dry cleaning facility determined according to § 63.323(d) is initially less than the amounts specified in paragraph (g) of this section, but then exceeds those amounts, the dry cleaning facility becomes a major source and all dry cleaning systems located at that dry cleaning facility must comply with the appropriate requirements for major sources under §§ 63.322, 63.323, and 63.324 by 180 calendar days from the date that the facility determines it has exceeded the amount specified, or by September 23, 1996, whichever is later. (j) All coin-operated dry cleaning machines are exempt from the requirements of this subpart. (k) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources. [58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 61 FR 27788, June 3, 1996; 61 FR 49265, Sept. 19, 1996; 64 FR 69643, Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005; 71 FR 42743, July 27, 2006; 73 FR 39874, July 11, 2008] § 63.321 Definitions. Administrator Ancillary equipment Area source Articles Biweekly Carbon adsorber Coin-operated dry cleaning machine Colorimetric detector tube Construction, Desorption Diverter valve Dry cleaning Dry cleaning cycle Dry cleaning facility Dry cleaning machine Dry cleaning machine drum Dry cleaning system Dryer Dry-to-dry machine Exhaust damper Existing Filter Halogenated hydrocarbon detector Heating coil Major source Muck cooker New PCE gas analyzer Perceptible leaks (1) The odor of perchloroethylene; (2) Visual observation, such as pools or droplets of liquid; or (3) The detection of gas flow by passing the fingers over the surface of equipment. Perchloroethylene consumption Reclaimer Reconstruction, Refrigerated condenser Refrigerated condenser coil Residence Responsible official (1) For a corporation: A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more dry cleaning facilities; (2) For a partnership: A general partner; (3) For a sole proprietorship: The owner; or (4) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking official. Room enclosure Source, Still Temperature sensor Transfer machine system (1) A washer and dryer(s); (2) A washer and reclaimer(s); or (3) A dry-to-dry machine and reclaimer(s). Vapor barrier enclosure Vapor leak Washer Water separator Year Yearly [58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42744, July 27, 2006] § 63.322 Standards. (a) The owner or operator of each existing dry cleaning system and of each new transfer machine system and its ancillary equipment installed between December 9, 1991 and September 22, 1993 shall comply with either paragraph (a)(1) or (a)(2) of this section and shall comply with paragraph (a)(3) of this section if applicable. (1) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser or an equivalent control device. (2) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a carbon adsorber installed on the dry cleaning machine prior to September 22, 1993. (3) Contain the dry cleaning machine inside a room enclosure if the dry cleaning machine is a transfer machine system located at a major source. Each room enclosure shall be: (i) Constructed of materials impermeable to perchloroethylene; and (ii) Designed and operated to maintain a negative pressure at each opening at all times that the machine is operating. (b) The owner or operator of each new dry-to-dry machine and its ancillary equipment and of each new transfer machine system and its ancillary equipment installed after September 22, 1993: (1) Shall route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser or an equivalent control device; (2) Shall eliminate any emission of perchloroethylene during the transfer of articles between the washer and dryer(s); and (3) Shall pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning machine drum through a carbon adsorber or equivalent control device immediately before or as the door of the dry cleaning machine is opened if the dry cleaning machine is located at a major source. (c) The owner or operator shall close the door of each dry cleaning machine immediately after transferring articles to or from the machine, and shall keep the door closed at all other times. (d) The owner or operator of each dry cleaning system shall operate and maintain the system according to the manufacturers' specifications and recommendations. (e) Each refrigerated condenser used for the purposes of complying with paragraph (a) or (b) of this section and installed on a dry-to-dry machine, dryer, or reclaimer: (1) Shall be operated to not vent or release the air-perchloroethylene gas-vapor stream contained within the dry cleaning machine to the atmosphere while the dry cleaning machine drum is rotating; (2) Shall be monitored according to § 63.323(a)(1); and (3) Shall prevent air drawn into the dry cleaning machine when the door of the machine is open from passing through the refrigerated condenser. (f) Each refrigerated condenser used for the purpose of complying with paragraph (a) of this section and installed on a washer: (1) Shall be operated to not vent the air-perchloroethylene gas-vapor contained within the washer to the atmosphere until the washer door is opened; (2) Shall be monitored according to § 63.323(a)(2); and (3) Shall not use the same refrigerated condenser coil for the washer that is used by a dry-to-dry machine, dryer, or reclaimer. (g) Each carbon adsorber used for the purposes of complying with paragraph (a) or (b) of this section: (1) Shall not be bypassed to vent or release any air-perchloroethylene gas-vapor stream to the atmosphere at any time; and (2) Shall be monitored according to the applicable requirements in § 63.323 (b) or (c). (h) Each room enclosure used for the purposes of complying with paragraph (a)(3) of this section: (1) Shall be operated to vent all air from the room enclosure through a carbon adsorber or an equivalent control device; and (2) Shall be equipped with a carbon adsorber that is not the same carbon adsorber used to comply with paragraph (a)(2) or (b)(3) of this section. (i) The owner or operator of an affected facility shall drain all cartridge filters in their housing, or other sealed container, for a minimum of 24 hours, or shall treat such filters in an equivalent manner, before removal from the dry cleaning facility. (j) The owner or operator of an affected facility shall store all PCE and wastes that contain PCE in solvent tanks or solvent containers with no perceptible leaks. The exception to this requirement is that containers for separator water may be uncovered, as necessary, for proper operation of the machine and still. (k) The owner or operator of a dry cleaning system shall inspect the system weekly for perceptible leaks while the dry cleaning system is operating. Inspection with a halogenated hydrocarbon detector or PCE gas analyzer also fulfills the requirement for inspection for perceptible leaks. The following components shall be inspected: (1) Hose and pipe connections, fittings, couplings, and valves; (2) Door gaskets and seatings; (3) Filter gaskets and seatings; (4) Pumps; (5) Solvent tanks and containers; (6) Water separators; (7) Muck cookers; (8) Stills; (9) Exhaust dampers; (10) Diverter valves; and (11) All Filter housings. (l) The owner or operator of a dry cleaning facility with a total facility consumption below the applicable consumption levels of § 63.320(d) or (e) shall inspect the components listed in paragraph (k) of this section biweekly for perceptible leaks while the dry cleaning system is operating. (m) The owner or operator of a dry cleaning system shall repair all leaks detected under paragraph (k) or (o)(1) of this section within 24 hours. If repair parts must be ordered, either a written or verbal order for those parts shall be initiated within 2 working days of detecting such a leak. Such repair parts shall be installed within 5 working days after receipt. (n) If parameter values monitored under paragraphs (e), (f), or (g) of this section do not meet the values specified in § 63.323(a), (b), or (c), adjustments or repairs shall be made to the dry cleaning system or control device to meet those values. If repair parts must be ordered, either a written or verbal order for such parts shall be initiated within 2 working days of detecting such a parameter value. Such repair parts shall be installed within 5 working days after receipt. (o) Additional requirements: (1) The owner or operator of a dry cleaning system shall inspect the components listed in paragraph (k) of this section for vapor leaks monthly while the component is in operation. (i) Area sources shall conduct the inspections using a halogenated hydrocarbon detector or PCE gas analyzer that is operated according to the manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery. (ii) Major sources shall conduct the inspections using a PCE gas analyzer operated according to EPA Method 21. (iii) Any inspection conducted according to this paragraph shall satisfy the requirements to conduct an inspection for perceptible leaks under § 63.322(k) or (l) of this subpart. (2) The owner or operator of each dry cleaning system installed after December 21, 2005, at an area source shall route the air-PCE gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-PCE gas-vapor stream from inside the dry cleaning machine drum through a non-vented carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions. (3) The owner or operator of any dry cleaning system shall eliminate any emission of PCE during the transfer of articles between the washer and the dryer(s) or reclaimer(s). (4) The owner or operator shall eliminate any emission of PCE from any dry cleaning system that is installed (including relocation of a used machine) after December 21, 2005, and that is located in a building with a residence. (5)(i) After December 21, 2020, the owner or operator shall eliminate any emission of PCE from any dry cleaning system that is located in a building with a residence. (ii) Sources demonstrating compliance under Section 63.320(b)(2)(ii) shall comply with paragraph (o)(5)(ii)(A) through (C), in addition to the other applicable requirements of this section: (A) Operate the dry cleaning system inside a vapor barrier enclosure. The exhaust system for the enclosure shall be operated at all times that the dry cleaning system is in operation and during maintenance. The entry door to the enclosure may be open only when a person is entering or exiting the enclosure. (B) Route the air-perchloroethylene gas-vapor stream contained within each dry cleaning machine through a refrigerated condenser and pass the air-perchloroethylene gas-vapor stream from inside the dry cleaning drum through a carbon adsorber or equivalent control device immediately before the door of the dry cleaning machine is opened. The carbon adsorber must be desorbed in accordance with manufacturer's instructions. (C) Inspect the machine components listed in paragraph (k) of this section for vapor leaks weekly while the component is in operation. These inspections shall be conducted using a halogenated hydrocarbon detector or PCE gas analyzer that is operated according to the manufacturer's instructions. The operator shall place the probe inlet at the surface of each component interface where leakage could occur and move it slowly along the interface periphery. [58 FR 49376, Sept. 22, 1993, as amended at 61 FR 49265, Sept. 19, 1996; 71 FR 42744, July 27, 2006] § 63.323 Test methods and monitoring. (a) When a refrigerated condenser is used to comply with § 63.322(a)(1) or (b)(1): (1) The owner or operator shall monitor on a weekly basis the parameters in either paragraph (a)(1)(i) or (ii) of this section. (i) The refrigeration system high pressure and low pressure during the drying phase to determine if they are in the range specified in the manufacturer's operating instructions. (ii) The temperature of the air-perchloroethylene gas-vapor stream on the outlet side of the refrigerated condenser on a dry-to-dry machine, dryer, or reclaimer with a temperature sensor to determine if it is equal to or less than 7.2 °C (45 °F) before the end of the cool-down or drying cycle while the gas-vapor stream is flowing through the condenser. The temperature sensor shall be used according to the manufacturer's instructions and shall be designed to measure a temperature of 7.2 °C (45 °F) to an accuracy of ±1.1 °C (±2 °F). (2) The owner or operator shall calculate the difference between the temperature of the air-perchloroethylene gas-vapor stream entering the refrigerated condenser on a washer and the temperature of the air-perchloroethylene gas-vapor stream exiting the refrigerated condenser on the washer weekly to determine that the difference is greater than or equal to 11.1 °C (20 °F). (i) Measurements of the inlet and outlet streams shall be made with a temperature sensor. Each temperature sensor shall be used according to the manufacturer's instructions, and designed to measure at least a temperature range from 0 °C (32 °F) to 48.9 °C (120 °F) to an accuracy of ±1.1 °C (±2 °F). (ii) The difference between the inlet and outlet temperatures shall be calculated weekly from the measured values. (b) When a carbon adsorber is used to comply with § 63.322(a)(2) or exhaust is passed through a carbon adsorber immediately upon machine door opening to comply with § 63.322(b)(3), the owner or operator shall measure the concentration of PCE in the exhaust of the carbon adsorber weekly with a colorimetric detector tube or PCE gas analyzer. The measurement shall be taken while the dry cleaning machine is venting to that carbon adsorber at the end of the last dry cleaning cycle prior to desorption of that carbon adsorber or removal of the activated carbon to determine that the PCE concentration in the exhaust is equal to or less than 100 parts per million by volume. The owner or operator shall: (1) Use a colorimetric detector tube or PCE gas analyzer designed to measure a concentration of 100 parts per million by volume of PCE in air to an accuracy of ±25 parts per million by volume; and (2) Use the colorimetric detector tube or PCE gas analyzer according to the manufacturer's instructions; and (3) Provide a sampling port for monitoring within the exhaust outlet of the carbon adsorber that is easily accessible and located at least 8 stack or duct diameters downstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet; and 2 stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, inlet, or outlet. (c) If the air-PCE gas vapor stream is passed through a carbon adsorber prior to machine door opening to comply with § 63.322(b)(3), the owner or operator of an affected facility shall measure the concentration of PCE in the dry cleaning machine drum at the end of the dry cleaning cycle weekly with a colorimetric detector tube or PCE gas analyzer to determine that the PCE concentration is equal to or less than 300 parts per million by volume. The owner or operator shall: (1) Use a colorimetric detector tube or PCE gas analyzer designed to measure a concentration of 300 parts per million by volume of PCE in air to an accuracy of ±75 parts per million by volume; and (2) Use the colorimetric detector tube or PCE gas analyzer according to the manufacturer's instructions; and (3) Conduct the weekly monitoring by inserting the colorimetric detector or PCE gas analyzer tube into the open space above the articles at the rear of the dry cleaning machine drum immediately upon opening the dry cleaning machine door. (d) When calculating yearly perchloroethylene consumption for the purpose of demonstrating applicability according to § 63.320, the owner or operator shall perform the following calculation on the first day of every month: (1) Sum the volume of all perchloroethylene purchases made in each of the previous 12 months, as recorded in the log described in § 63.324(d)(1). (2) If no perchloroethylene purchases were made in a given month, then the perchloroethylene consumption for that month is zero gallons. (3) The total sum calculated in paragraph (d) of this section is the yearly perchloroethylene consumption at the facility. [58 FR 49376, Sept. 22, 1993, as amended at 71 FR 42745, July 27, 2006; 71 FR 55280, Sept. 21, 2006; 73 FR 39874, July 11, 2008] § 63.324 Reporting and recordkeeping requirements. (a) Each owner or operator of a dry cleaning facility shall notify the Administrator or delegated State authority in writing within 270 calendar days after September 23, 1993 (i.e., June 18, 1994) and provide the following information: (1) The name and address of the owner or operator; (2) The address (that is, physical location) of the dry cleaning facility; (3) A brief description of the type of each dry cleaning machine at the dry cleaning facility; (4) Documentation as described in § 63.323(d) of the yearly perchloroethylene consumption at the dry cleaning facility for the previous year to demonstrate applicability according to § 63.320; or an estimation of perchloroethylene consumption for the previous year to estimate applicability with § 63.320; and (5) A description of the type of control device(s) that will be used to achieve compliance with § 63.322 (a) or (b) and whether the control device(s) is currently in use or will be purchased. (6) Documentation to demonstrate to the Administrator's satisfaction that each room enclosure used to meet the requirements of § 63.322(a)(3) meets the requirements of § 63.322(a)(3) (i) and (ii). (b) Each owner or operator of a dry cleaning facility shall submit to the Administrator or delegated State authority by registered mail on or before the 30th day following the compliance dates specified in § 63.320 (b) or (c) or June 18, 1994, whichever is later, a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy: (1) The yearly perchloroethylene solvent consumption limit based upon the yearly solvent consumption calculated according to § 63.323(d); (2) Whether or not they are in compliance with each applicable requirement of § 63.322; and (3) All information contained in the statement is accurate and true. (c) Each owner or operator of an area source dry cleaning facility that exceeds the solvent consumption limit reported in paragraph (b) of this section shall submit to the Administrator or a delegated State authority by registered mail on or before the dates specified in § 63.320 (f) or (i), a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy: (1) The new yearly perchloroethylene solvent consumption limit based upon the yearly solvent consumption calculated according to § 63.323(d); (2) Whether or not they are in compliance with each applicable requirement of § 63.322; and (3) All information contained in the statement is accurate and true. (d) Each owner or operator of a dry cleaning facility shall keep receipts of perchloroethylene purchases and a log of the following information and maintain such information on site and show it upon request for a period of 5 years: (1) The volume of perchloroethylene purchased each month by the dry cleaning facility as recorded from perchloroethylene purchases; if no perchloroethylene is purchased during a given month then the owner or operator would enter zero gallons into the log; (2) The calculation and result of the yearly perchloroethylene consumption determined on the first day of each month as specified in § 63.323(d); (3) The dates when the dry cleaning system components are inspected for leaks, as specified in § 63.322(k), (l), or (o)(1), and the name or location of dry cleaning system components where leaks are detected; (4) The dates of repair and records of written or verbal orders for repair parts to demonstrate compliance with § 63.322(m) and (n); (5) The date and monitoring results (temperature sensor or pressure gauge) as specified in § 63.323 if a refrigerated condenser is used to comply with § 63.322(a), (b), or (o); and (6) The date and monitoring results, as specified in § 63.323, if a carbon adsorber is used to comply with § 63.322(a)(2), or (b)(3). (e) Each owner or operator of a dry cleaning facility shall retain onsite a copy of the design specifications and the operating manuals for each dry cleaning system and each emission control device located at the dry cleaning facility. (f) Each owner or operator of a dry cleaning facility shall submit to the Administrator or delegated State authority by registered mail on or before July 28, 2008 a notification of compliance status providing the following information and signed by a responsible official who shall certify its accuracy: (1) The name and address of the owner or operator; (2) The address (that is, physical location) of the dry cleaning facility; (3) If they are located in a building with a residence(s), even if the residence is vacant at the time of this notification; (4) If they are located in a building with no other tenants, leased space, or owner occupants; (5) Whether they are a major or area source; (6) The yearly PCE solvent consumption based upon the yearly solvent consumption calculated according to § 63.323(d); (7) Whether or not they are in compliance with each applicable requirement of § 63.322; and (8) All information contained in the statement is accurate and true. (g) Each owner or operator of a dry cleaning facility that reclassifies from a major source to an area source must follow the procedures of § 63.9(j) and (k) to provide notification of the change in status. [58 FR 49376, Sept. 22, 1993, as amended at 58 FR 66289, Dec. 20, 1993; 71 FR 42745, July 27, 2006; 73 FR 39875, July 11, 2008; 85 FR 73888, Nov. 19, 2020] § 63.325 Determination of equivalent emission control technology. (a) Any person requesting that the use of certain equipment or procedures be considered equivalent to the requirements under § 63.322 shall collect, verify, and submit to the Administrator the following information to show that the alternative achieves equivalent emission reductions: (1) Diagrams, as appropriate, illustrating the emission control technology, its operation and integration into or function with dry-to-dry machine(s) or transfer machine system(s) and their ancillary equipment during each portion of the normal dry cleaning cycle; (2) Information quantifying vented perchloroethylene emissions from the dry-to-dry machine(s) or transfer machine system(s) during each portion of the dry cleaning cycle with and without the use of the candidate emission control technology; (3) Information on solvent mileage achieved with and without the candidate emission control technology. Solvent mileage is the average weight of articles cleaned per volume of perchloroethylene used. Solvent mileage data must be of continuous duration for at least 1 year under the conditions of a typical dry cleaning operation. This information on solvent mileage must be accompanied by information on the design, configuration, operation, and maintenance of the specific dry cleaning system from which the solvent mileage information was obtained; (4) Identification of maintenance requirements and parameters to monitor to ensure proper operation and maintenance of the candidate emission control technology; (5) Explanation of why this information is considered accurate and representative of both the short-term and the long-term performance of the candidate emission control technology on the specific dry cleaning system examined; (6) Explanation of why this information can or cannot be extrapolated to dry cleaning systems other than the specific system(s) examined; and (7) Information on the cross-media impacts (to water and solid waste) of the candidate emission control technology and demonstration that the cross-media impacts are less than or equal to the cross-media impacts of a refrigerated condenser. (b) For the purpose of determining equivalency to control equipment required under § 63.322, the Administrator will evaluate the petition to determine whether equivalent control of perchloroethylene emissions has been adequately demonstrated. (c) Where the Administrator determines that certain equipment and procedures may be equivalent, the Administrator will publish a notice in the Federal Register Federal Register. § 63.326 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.320 and 63.322(a) through (j). Follow the requirements in § 63.325 to demonstrate that alternative equipment or procedures are equivalent to the requirements of § 63.322. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37347, June 23, 2003] Subpart N—National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks Source: 60 FR 4963, Jan. 25, 1995, unless otherwise noted. § 63.340 Applicability and designation of sources. (a) The affected source to which the provisions of this subpart apply is each chromium electroplating or chromium anodizing tank at facilities performing hard chromium electroplating, decorative chromium electroplating, or chromium anodizing. (b) Owners or operators of affected sources subject to the provisions of this subpart must also comply with the requirements of subpart A of this part, according to the applicability of subpart A of this part to such sources, as identified in Table 1 of this subpart. (c) Process tanks associated with a chromium electroplating or chromium anodizing process, but in which neither chromium electroplating nor chromium anodizing is taking place, are not subject to the provisions of this subpart. Examples of such tanks include, but are not limited to, rinse tanks, etching tanks, and cleaning tanks. Likewise, tanks that contain a chromium solution, but in which no electrolytic process occurs, are not subject to this subpart. An example of such a tank is a chrome conversion coating tank where no electrical current is applied. (d) Affected sources in which research and laboratory operations are performed are exempt from the provisions of this subpart when such operations are taking place. (e) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources. [60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 64 FR 69643, Dec. 14, 1999; 70 FR 75345, Dec. 19, 2005] § 63.341 Definitions and nomenclature. (a) Definitions. Add-on air pollution control device Affirmative defense Air pollution control technique Base metal Bath component Chemical fume suppressant Chromic acid 3 Chromium anodizing Chromium anodizing tank Chromium electroplating tank Composite mesh-pad system Contains hexavalent chromium Decorative chromium electroplating 2 Electroplating or anodizing bath Emission limitation Enclosed hard chromium electroplating tank Existing affected source Facility Fiber-bed mist eliminator Foam blanket Fresh water Hard chromium electroplating 2 Hexavalent chromium Large, hard chromium electroplating facility Maximum cumulative potential rectifier capacity New affected source Open surface hard chromium electroplating tank Operating parameter value Packed-bed scrubber Perfluorooctane sulfonic acid (PFOS)-based fume suppressant Research or laboratory operation Small, hard chromium electroplating facility Stalagmometer Surface tension Tank operation Tensiometer Trivalent chromium Trivalent chromium process Wetting agent (b) Nomenclature. (1) AMR = the allowable mass emission rate from each type of affected source subject to the same emission limitation in milligrams per hour (mg/hr). (2) AMR sys (3) EL = the applicable emission limitation from § 63.342 in milligrams per dry standard cubic meter (mg/dscm). (4) IA total (5) IDA i (6) IDA i,a (7) VR = the total of ventilation rates for each type of affected source subject to the same emission limitation in dry standard cubic meters per minute (dscm/min). (8) VR inlet (9) VR inlet,a (10) VR tot [60 FR 4963, Jan. 25, 1995, as amended at 69 FR 42894, July 19, 2004; 77 FR 58242, Sept. 19, 2012] § 63.342 Standards. (a)(1) At all times, each owner or operator must operate and maintain any affected source subject to the requirements of this subpart, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (2) Each owner or operator of an affected source subject to the provisions of this subpart shall comply with these requirements in this section on and after the compliance dates specified in § 63.343(a). All affected sources are regulated by applying maximum achievable control technology. (b) Applicability of emission limitations. (i) To establish the affirmative defense in any action to enforce such a standard, the owner or operator must timely meet the reporting requirements of paragraph (b)(1)(ii) of this section, and must prove by a preponderance of evidence that: (A) The violation was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (B) Repairs were made as expeditiously as possible when exceeded violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (C) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (D) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (E) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment, and human health; and (F) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (G) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (H) At all times, the affected sources were operated in a manner consistent with good practices for minimizing emissions; and (I) A written root cause analysis was prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (ii) Report. (2) If an owner or operator is controlling a group of tanks with a common add-on air pollution control device, the emission limitations of paragraphs (c), (d), and (e) of this section apply whenever any one affected source is operated. The emission limitation that applies to the group of affected sources is: (i) The emission limitation identified in paragraphs (c), (d), and (e) of this section if the affected sources are performing the same type of operation (e.g., hard chromium electroplating), are subject to the same emission limitation, and are not controlled by an add-on air pollution control device also controlling nonaffected sources; (ii) The emission limitation calculated according to § 63.344(e)(3) if affected sources are performing the same type of operation, are subject to the same emission limitation, and are controlled with an add-on air pollution control device that is also controlling nonaffected sources; and (iii) The emission limitation calculated according to § 63.344(e)(4) if affected sources are performing different types of operations, or affected sources are performing the same operations but subject to different emission limitations, and are controlled with an add-on air pollution control device that may also be controlling emissions from nonaffected sources. (c)(1) Standards for open surface hard chromium electroplating tanks. (i) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 milligrams of total chromium per dry standard cubic meter (mg/dscm) of ventilation air (4.8 × 10 −6 (ii) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 × 10 −6 (iii) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes per centimeter (dynes/cm) (2.8 × 10 −3 −3 (iv) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of ventilation air (2.6 × 10 −6 (v) After September 21, 2015, the owner or operator of an affected open surface hard chromium electroplating tank shall not add PFOS-based fume suppressants to any affected open surface hard chromium electroplating tank. (2) Standards for enclosed hard chromium electroplating tanks. (i) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.011 mg/dscm of ventilation air (4.8 × 10 −6 (ii) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.015 mg/dscm (6.6 × 10 −6 (iii) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes/cm (2.8 × 10 −3 −3 (iv) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in § 63.344(f)(1)(i) for all enclosed hard chromium electroplating tanks that are existing affected sources and are located at large hard chromium electroplating facilities; or (v) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in § 63.344(f)(1)(ii) if the enclosed hard chromium electroplating tank is an existing affected source and is located at a small, hard chromium electroplating facility. (vi) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm of ventilation air (2.6 × 10 −6 (vii) Not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate determined by using the calculation procedure in § 63.344(f)(1)(iii) if the enclosed hard chromium electroplating tank is a new affected source. (viii) After September 21, 2015, the owner or operator of an affected enclosed hard chromium electroplating tank shall not add PFOS-based fume suppressants to any affected enclosed hard chromium electroplating tank. (3)(i) An owner or operator may demonstrate the size of a hard chromium electroplating facility through the definitions in § 63.341(a). Alternatively, an owner or operator of a facility with a maximum cumulative potential rectifier capacity of 60 million amp-hr/yr or more may be considered small if the actual cumulative rectifier capacity is less than 60 million amp-hr/yr as demonstrated using the following procedures: (A) If records show that the facility's previous annual actual rectifier capacity was less than 60 million amp-hr/yr, by using nonresettable ampere-hr meters and keeping monthly records of actual ampere-hr usage for each 12-month rolling period following the compliance date in accordance with § 63.346(b)(12). The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months; or (B) By accepting a federally-enforceable limit on the maximum cumulative potential rectifier capacity of a hard chromium electroplating facility and by maintaining monthly records in accordance with § 63.346(b)(12) to demonstrate that the limit has not been exceeded. The actual cumulative rectifier capacity for the previous 12-month rolling period shall be tabulated monthly by adding the capacity for the current month to the capacities for the previous 11 months. (ii) Once the monthly records required to be kept by § 63.346(b)(12) and by this paragraph (c)(3)(ii) show that the actual cumulative rectifier capacity over the previous 12-month rolling period corresponds to the large designation, the owner or operator is subject to the emission limitation identified in paragraph (c)(1)(i), (iii), (c)(2)(i), (iii), or (iv) of this section, in accordance with the compliance schedule of § 63.343(a)(5). (d) Standards for decorative chromium electroplating tanks using a chromic acid bath and chromium anodizing tanks. (1) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.007 mg/dscm (3.1 × 10 −6 (2) Not allowing the concentration of total chromium in the exhaust gas stream discharged to the atmosphere to exceed 0.006 mg/dscm (2.6 × 10 −6 (3) If a chemical fume suppressant containing a wetting agent is used, not allowing the surface tension of the electroplating or anodizing bath contained within the affected tank to exceed 40 dynes/cm (2.8 × 10 −3 −3 (4) After September 21, 2015, the owner or operator of an affected decorative chromium electroplating tank or an affected chromium anodizing tank shall not add PFOS-based fume suppressants to any affected decorative chromium electroplating tank or chromium anodizing tank. (e) Standards for decorative chromium electroplating tanks using a trivalent chromium bath. (2) After September 21, 2015, the owner or operator of an affected decorative chromium electroplating tank using a trivalent chromium bath shall not add PFOS-based fume suppressants to any affected decorative chromium electroplating tank. (3) Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that uses a trivalent chromium bath that does not incorporate a wetting agent as a bath ingredient is subject to the standards of paragraph (d) of this section. (4) Each owner or operator of an existing, new, or reconstructed decorative chromium electroplating tank that had been using a trivalent chromium bath that incorporated a wetting agent and ceases using this type of bath must fulfill the reporting requirements of § 63.347(i)(3) and comply with the applicable emission limitation within the timeframe specified in § 63.343(a)(7). (f) Operation and maintenance practices. (1)(i) At all times, including periods of startup, shutdown, and malfunction, owners or operators shall operate and maintain any affected source, including associated air pollution control devices and monitoring equipment, in a manner consistent with good air pollution control practices. (ii) Malfunctions shall be corrected as soon as practicable after their occurrence. (iii) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards. (2)(i) Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results; review of the operation and maintenance plan, procedures, and records; and inspection of the source. (ii) Based on the results of a determination made under paragraph (f)(2)(i) of this section, the Administrator may require that an owner or operator of an affected source make changes to the operation and maintenance plan required by paragraph (f)(3) of this section for that source. Revisions may be required if the Administrator finds that the plan: (A) Does not address a malfunction that has occurred; (B) Fails to provide for the proper operation of the affected source, the air pollution control techniques, or the control system and process monitoring equipment during a malfunction in a manner consistent with good air pollution control practices; or (C) Does not provide adequate procedures for correcting malfunctioning process equipment, air pollution control techniques, or monitoring equipment as quickly as practicable. (3) Operation and maintenance plan. (A) The plan shall specify the operation and maintenance criteria for the affected source, the add-on air pollution control device (if such a device is used to comply with the emission limits), and the process and control system monitoring equipment, and shall include a standardized checklist to document the operation and maintenance of this equipment; (B) For sources using an add-on control device or monitoring equipment to comply with this subpart, the plan shall incorporate the operation and maintenance practices for that device or monitoring equipment, as identified in Table 1 of this section, if the specific equipment used is identified in Table 1 of this section; (C) If the specific equipment used is not identified in Table 1 of this section, the plan shall incorporate proposed operation and maintenance practices. These proposed operation and maintenance practices shall be submitted for approval as part of the submittal required under § 63.343(d); (D) The plan shall specify procedures to be followed to ensure that equipment or process malfunctions due to poor maintenance or other preventable conditions do not occur; and (E) The plan shall include a systematic procedure for identifying malfunctions of process equipment, add-on air pollution control devices, and process and control system monitoring equipment and for implementing corrective actions to address such malfunctions. (F) The plan shall include housekeeping procedures, as specified in Table 2 of this section. (ii) If the operation and maintenance plan fails to address or inadequately addresses an event that meets the characteristics of a malfunction at the time the plan is initially developed, the owner or operator shall revise the operation and maintenance plan within 45 days after such an event occurs. The revised plan shall include procedures for operating and maintaining the process equipment, add-on air pollution control device, or monitoring equipment during similar malfunction events, and a program for corrective action for such events. (iii) Recordkeeping associated with the operation and maintenance plan is identified in § 63.346(b). Reporting associated with the operation and maintenance plan is identified in § 63.347 (g) and (h) and paragraph (f)(3)(iv) of this section. (iv) If actions taken by the owner or operator during periods of malfunction are inconsistent with the procedures specified in the operation and maintenance plan required by paragraph (f)(3)(i) of this section, the owner or operator shall record the actions taken for that event and shall report by phone such actions within 2 working days after commencing actions inconsistent with the plan. This report shall be followed by a letter within 7 working days after the end of the event, unless the owner or operator makes alternative reporting arrangements, in advance, with the Administrator. (v) The owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected source or until the source is no longer subject to the provisions of this subpart. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the operation and maintenance plan on record to be made available for inspection, upon request, by the Administrator for a period of 5 years after each revision to the plan. (vi) To satisfy the requirements of paragraph (f)(3) of this section, the owner or operator may use applicable standard operating procedure (SOP) manuals, Occupational Safety and Health Administration (OSHA) plans, or other existing plans, provided the alternative plans meet the requirements of this section. (g) The standards in this section that apply to chromic acid baths shall not be met by using a reducing agent to change the form of chromium from hexavalent to trivalent. Table 1 to § 63.342—Summary of Operation and Maintenance Practices Control technique Operation and maintenance practices Frequency Composite mesh-pad (CMP) system 1. Visually inspect device to ensure there is proper drainage, no chronic acid buildup on the pads, and no evidence of chemical attack on the structural integrity of the device 1. 1/quarter. 2. Visually inspect back portion of the mesh pad closest to the fan to ensure there is no breakthrough of chromic acid mist 2. 1/quarter. 3. Visually inspect ductwork from tank to the control device to ensure there are no leaks 3. 1/quarter. 4. Perform washdown of the composite mesh-pads in accordance with manufacturers recommendations 4. Per manufacturer. Packed-bed scrubber (PSB) 1. Visually inspect device to ensure there is proper drainage, no chromic acid buildup on the packed beds, and no evidence of chemical attack on the structural integrity of the device 1. 1/quarter. 2. Visually inspect back portion of the chevron blade mist eliminator to ensure that it is dry and there is no breakthrough of chromic acid mist 2. 1/quarter. 3. Same as number 3 above 3. 1/quarter. 4. Add fresh makeup water to the top of the packed bed a b 4. Whenever makeup is added. PBS/CMP system 1. Same as for CMP system 1. 1/quarter. 2. Same as for CMP system 2. 1/quarter. 3. Same as for CMP system 3. 1/quarter. 4. Same as for CMP system 4. Per manufacturer. Fiber-bed mist eliminator c 1. Visually inspect fiber-bed unit and prefiltering device to ensure there is proper drainage, no chromic acid buildup in the units, and no evidence of chemical attack on the structural integrity of the devices 1. 1/quarter. 2. Visually inspect ductwork from tank or tanks to the control device to ensure there are no leaks 2. 1/quarter. 3. Perform washdown of fiber elements in accordance with manufacturers recommendations 3. Per manufacturer. Air pollution control device (APCD) not listed in rule To be proposed by the source for approval by the Administrator To be proposed by the source for approval by the Administrator. Monitoring Equipment Pitot tube Backflush with water, or remove from the duct and rinse with fresh water. Replace in the duct and rotate 180 degrees to ensure that the same zero reading is obtained. Check pitot tube ends for damage. Replace pitot tube if cracked or fatigued 1/quarter. Stalagmometer Follow manufacturers recommendations a b c Table 2 to § 63.342—Housekeeping Practices For You must: At this minimum frequency 1. Any substance used in an affected chromium electroplating or chromium anodizing tank that contains hexavalent chromium (a) Store the substance in a closed container in an enclosed storage area or building; AND At all times, except when transferring the substance to and from the container. 2. Each affected tank, to minimize spills of bath solution that result from dragout. Note: this measure does not require the return of contaminated bath solution to the tank. This requirement applies only as the parts are removed from the tank. Once away from the tank area, any spilled solution must be handled in accordance with Item 4 of these housekeeping measures (a) Install drip trays that collect and return to the tank any bath solution that drips or drains from parts as the parts are removed from the tank; OR Prior to operating the tank. 3. Each spraying operation for removing excess chromic acid from parts removed from, and occurring over, an affected tank Install a splash guard to minimize overspray during spraying operations and to ensure that any hexavalent chromium laden liquid captured by the splash guard is returned to the affected chromium electroplating or anodizing tank Prior to any such spraying operation. 4. Each operation that involves the handling or use of any substance used in an affected chromium electroplating or chromium anodizing tank that contains hexavalent chromium Begin clean up, or otherwise contain, all spills of the substance. Note: substances that fall or flow into drip trays, pans, sumps, or other containment areas are not considered spills Within 1 hour of the spill. 5. Surfaces within the enclosed storage area, open floor area, walkways around affected tanks contaminated with hexavalent chromium from an affected chromium electroplating or chromium anodizing tank (a) Clean the surfaces using one or more of the following methods: HEPA vacuuming; Hand-wiping with a damp cloth; Wet mopping; Hose down or rinse with potable water that is collected in a wastewater collection system; Other cleaning method approved by the permitting authority; OR At least once every 7 days if one or more chromium electroplating or chromium anodizing tanks were used, or at least after every 40 hours of operating time of one or more affection chromium electroplating or chromium anodizing tank, whichever is later. 6. All buffing, grinding, or polishing operations that are located in the same room as chromium electroplating or chromium anodizing operations Separate the operation from any affected electroplating or anodizing operation by installing a physical barrier; the barrier may take the form of plastic strip curtains Prior to beginning the buffing, grinding, or polishing operation. 7. All chromium or chromium-containing wastes generated from housekeeping activities Store, dispose, recover, or recycle the wastes using practices that do not lead to fugitive dust and in accordance with hazardous waste requirements At all times. [60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 61 FR 27787, June 3, 1996; 62 FR 42920, Aug. 11, 1997; 68 FR 37347, June 23, 2003; 69 FR 42894, July 19, 2004; 71 FR 20456, Apr. 20, 2006; 77 FR 58243, Sept. 19, 2012] § 63.343 Compliance provisions. (a) Compliance dates. (2) The owner or operator of a new or reconstructed affected source that has an initial startup after September 19, 2012, shall comply immediately upon startup of the source. (3) The owner or operator of an existing area source that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for existing major sources, including the reporting provisions of § 63.347(g), immediately upon becoming a major source. (4) The owner or operator of a new area source (i.e., an area source for which construction or reconstruction was commenced after February 8, 2012, that increases actual or potential emissions of hazardous air pollutants such that the area source becomes a major source must comply with the provisions for new major sources, immediately upon becoming a major source. (5) An owner or operator of an existing hard chromium electroplating tank or tanks located at a small, hard chromium electroplating facility that increases its maximum cumulative potential rectifier capacity, or its actual cumulative rectifier capacity, such that the facility becomes a large, hard chromium electroplating facility must comply with the requirements of § 63.342(c)(1)(i) for all hard chromium electroplating tanks at the facility no later than 1 year after the month in which monthly records required by §§ 63.342(c)(2) and 63.346(b)(12) show that the large designation is met, or by the compliance date specified in paragraph (a)(1)(ii) of this section, whichever is later. (6) Request for an extension of compliance. (i) The owner or operator of an existing affected source who is unable to comply with a relevant standard under this subpart may request that the Administrator (or a State, when the State has an approved part 70 permit program and the source is required to obtain a part 70 permit under that program, or a State, when the State has been delegated the authority to implement and enforce the emission standard for that source) grant an extension allowing the owner or operator up to 1 additional year to comply with the standard for the affected source. The owner or operator of an affected source who has requested an extension of compliance under this paragraph and is otherwise required to obtain a title V permit for the source shall apply for such permit or apply to have the title V permit revised to incorporate the conditions of the extension of compliance. The conditions of an extension of compliance granted under this paragraph will be incorporated into the owner or operator's title V permit for the affected source(s) according to the provisions of 40 CFR part 70 or 40 CFR part 71, whichever is applicable. (ii) Any request under this paragraph for an extension of compliance with a relevant standard shall be submitted in writing to the appropriate authority not later than 6 months before the affected source's compliance date as specified in this section. (7) An owner or operator of a decorative chromium electroplating tank that uses a trivalent chromium bath that incorporates a wetting agent, and that ceases using the trivalent chromium process, must comply with the emission limitation now applicable to the tank within 1 year of switching bath operation. (8) After March 19, 2013, the owner or operator of an affected source that is subject to the standards in paragraphs § 63.342(c) or (d) shall implement the housekeeping procedures specified in Table 2 of § 63.342. (b) Methods to demonstrate initial compliance. (2) If the owner or operator of an affected source meets all of the following criteria, an initial performance test is not required to be conducted under this subpart: (i) The affected source is a hard chromium electroplating tank, a decorative chromium electroplating tank or a chromium anodizing tank; and (ii) A wetting agent is used in the plating or anodizing bath to inhibit chromium emissions from the affected source; and (iii) The owner or operator complies with the applicable surface tension limit of § 63.342(c)(1)(iii), (c)(2)(iii), or (d)(2) as demonstrated through the continuous compliance monitoring required by paragraph (c)(5)(ii) of this section. (3) If the affected source is a decorative chromium electroplating tank using a trivalent chromium bath, and the owner or operator is subject to the provisions of § 63.342(e), an initial performance test is not required to be conducted under this subpart. (c) Monitoring to demonstrate continuous compliance. (1) Composite mesh-pad systems. (ii) On and after the date on which the initial performance test is required to be completed under § 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the composite mesh-pad system once each day that any affected source is operating. To be in compliance with the standards, the composite mesh-pad system shall be operated within ±2 inches of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests. (iii) The owner or operator of an affected source complying with the emission limitations in § 63.343 through the use of a composite mesh-pad system may repeat the performance test and establish as a new site-specific operating parameter the pressure drop across the composite mesh-pad system according to the requirements in paragraphs (c)(1)(i) or (ii) of this section. To establish a new site-specific operating parameter for pressure drop, the owner or operator shall satisfy the requirements specified in paragraphs (c)(1)(iii)(A) through (D) of this section. (A) Determine the outlet chromium concentration using the test methods and procedures in § 63.344(c); (B) Establish the site-specific operating parameter value using the procedures § 63.344(d)(5); (C) Satisfy the recordkeeping requirements in § 63.346(b)(6) through (8); and (D) Satisfy the reporting requirements in § 63.347(d) and (f). (iv) The requirement to operate a composite mesh-pad system within the range of pressure drop values established under paragraphs (c)(1)(i) through (iii) of this section does not apply during automatic washdown cycles of the composite mesh-pad system. (2) Packed-bed scrubber systems. (ii) On and after the date on which the initial performance test is required to be completed under § 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the velocity pressure at the inlet to the packed-bed system and the pressure drop across the scrubber system once each day that any affected source is operating. To be in compliance with the standards, the scrubber system shall be operated within ±10 percent of the velocity pressure value established during the initial performance test, and within ±1 inch of water column of the pressure drop value established during the initial performance test, or within the range of compliant operating parameter values established during multiple performance tests. (3) Packed-bed scrubber/composite mesh-pad system. (4) Fiber-bed mist eliminator. (ii) On and after the date on which the initial performance test is required to be completed under § 63.7, the owner or operator of an affected source, or group of affected sources under common control, shall monitor and record the pressure drop across the fiber-bed mist eliminator, and the control device installed upstream of the fiber bed to prevent plugging, once each day that any affected source is operating. To be in compliance with the standards, the fiber-bed mist eliminator and the upstream control device shall be operated within ±1 inch of water column of the pressure drop value established during the initial performance test, or shall be operated within the range of compliant values for pressure drop established during multiple performance tests. (5) Wetting agent-type or combination wetting agent-type/foam blanket fume suppressants. (ii) On and after the date on which the initial performance test is required to be completed under § 63.7, the owner or operator of an affected source shall monitor the surface tension of the electroplating or anodizing bath. Operation of the affected source at a surface tension greater than the value established during the performance test, or greater than 40 dynes/cm, as measured by a stalagmometer, or 33 dynes/cm, as measured by a tensiometer, if the owner or operator is using this value in accordance with paragraph (c)(5)(i) of this section, shall constitute noncompliance with the standards. The surface tension shall be monitored according to the following schedule: (iii) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every 4 hours must be resumed, with a decrease in monitoring frequency allowed following the procedures of paragraphs (c)(5)(ii) (B) and (C) of this section. (6) Foam blanket-type fume suppressants. (ii) On and after the date on which the initial performance test is required to be completed under § 63.7, the owner or operator of an affected source shall monitor the foam blanket thickness of the electroplating or anodizing bath. Operation of the affected source at a foam blanket thickness less than the value established during the performance test, or less than 2.54 cm (1 inch) if the owner or operator is using this value in accordance with paragraph (c)(6)(i) of this section, shall constitute noncompliance with the standards. The foam blanket thickness shall be measured according to the following schedule: (iii) Once a bath solution is drained from the affected tank and a new solution added, the original monitoring schedule of once every hour must be resumed, with a decrease in monitoring frequency allowed following the procedures of paragraphs (c)(6)(ii) (B) and (C) of this section. (7) Fume suppressant/add-on control device. (ii) If the owner or operator of an affected source uses both a fume suppressant and add-on control device, but only one of these techniques is needed to comply with the applicable emission limit, monitoring requirements as identified in paragraphs (c) (1) through (6) of this section, and work practice standards of Table 1 of § 63.342, apply only for the control technique used to achieve compliance. (8) Use of an alternative monitoring method. (ii) After receipt and consideration of an application for an alternative monitoring method, the Administrator may approve alternatives to any monitoring methods or procedures of this subpart including, but not limited to, the following: (A) Alternative monitoring requirements when installation or use of monitoring devices specified in this subpart would not provide accurate measurements due to interferences caused by substances within the effluent gases; or (B) Alternative locations for installing monitoring devices when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements. (d) An owner or operator who uses an air pollution control device not listed in this section shall submit a description of the device, test results collected in accordance with § 63.344(c) verifying the performance of the device for reducing chromium emissions to the atmosphere to the level required by this subpart, a copy of the operation and maintenance plan referenced in § 63.342(f) including operation and maintenance practices, and appropriate operating parameters that will be monitored to establish continuous compliance with the standards. The monitoring plan submitted identifying the continuous compliance monitoring is subject to the Administrator's approval. [60 FR 4963, Jan. 25, 1995; 60 FR 33122, June 27, 1995, as amended at 62 FR 42920, Aug. 11, 1997; 68 FR 37347, June 23, 2003; 69 FR 42895, July 19, 2004; 77 FR 58245, Sept. 19, 2012] § 63.344 Performance test requirements and test methods. (a) Performance test requirements. (1) A brief process description; (2) Sampling location description(s); (3) A description of sampling and analytical procedures and any modifications to standard procedures; (4) Test results; (5) Quality assurance procedures and results; (6) Records of operating conditions during the test, preparation of standards, and calibration procedures; (7) Raw data sheets for field sampling and field and laboratory analyses; (8) Documentation of calculations; and (9) Any other information required by the test method. (b)(1) If the owner or operator of an affected source conducts performance testing at startup to obtain an operating permit in the State in which the affected source is located, the results of such testing may be used to demonstrate compliance with this subpart if: (i) The test methods and procedures identified in paragraph (c) of this section were used during the performance test; (ii) The performance test was conducted under representative operating conditions for the source; (iii) The performance test report contains the elements required by paragraph (a) of this section; (iv) The owner or operator of the affected source for which the performance test was conducted has sufficient data to establish the operating parameter value(s) that correspond to compliance with the standards, as required for continuous compliance monitoring under § 63.343(c); (v) The performance test was conducted after January 25, 1995; (vi) As of September 19, 2012 the source was using the same emissions controls that were used during the compliance test; (vii) As of September 19, 2012, the source was operating under conditions that are representative of the conditions under which the source was operating during the compliance test; and (viii) Based on approval from the permitting authority. (2) [Reserved] (c) Test methods. (1) Method 306 or Method 306A, “Determination of Chromium Emissions From Decorative and Hard Chromium Electroplating and Anodizing Operations,” appendix A of this part shall be used to determine the chromium concentration from hard or decorative chromium electroplating tanks or chromium anodizing tanks. The sampling time and sample volume for each run of Methods 306 and 306A, appendix A of this part shall be at least 120 minutes and 1.70 dscm (60 dscf), respectively. Methods 306 and 306A, appendix A of this part allow the measurement of either total chromium or hexavalent chromium emissions. For the purposes of this standard, sources using chromic acid baths must demonstrate compliance with the emission limits of § 63.342 by measuring the total chromium. (2) The California Air Resources Board (CARB) Method 425 (which is available by contacting the California Air Resources Board, 1102 Q Street, Sacramento, California 95814) may be used to determine the chromium concentration from hard and decorative chromium electroplating tanks and chromium anodizing tanks if the following conditions are met: (i) If a colorimetric analysis method is used, the sampling time and volume shall be sufficient to result in 33 to 66 micrograms of catch in the sampling train. (ii) If Atomic Absorption Graphite Furnace (AAGF) or Ion Chromatography with a Post-column Reactor (ICPCR) analyses were used, the sampling time and volume should be sufficient to result in a sample catch that is 5 to 10 times the minimum detection limit of the analytical method (i.e., 1.0 microgram per liter of sample for AAGF and 0.5 microgram per liter of sample for ICPCR). (iii) In the case of either paragraph (c)(2) (i) or (ii) of this section, a minimum of 3 separate runs must be conducted. The other requirements of § 63.7 that apply to affected sources, as indicated in Table 1 of this subpart, must also be met. (3) Method 306B, “Surface Tension Measurement and Recordkeeping for Tanks Used at Decorative Chromium Electroplating and Anodizing Facilities,” appendix A of this part shall be used to measure the surface tension of electroplating and anodizing baths. (4) Alternate test methods may also be used if the method has been validated using Method 301, appendix A of this part and if approved by the Administrator. Procedures for requesting and obtaining approval are contained in § 63.7(f). (5) The South Coast Air Quality Management District (SCAQMD) Method 205.1 (which is available by contacting the South Coast AQMD, 21865 Copley Dr, Diamond Bar, CA 91765) may be used to determine the total chromium concentration from hard and decorative chromium electroplating tanks and chromium anodizing tanks. (d) Establishing site-specific operating parameter values. (2) All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the affected source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include execution of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system. (i) Specifications for differential pressure measurement devices used to measure velocity pressure shall be in accordance with section 2.2 of Method 2 (40 CFR part 60, appendix A). (ii) Specification for differential pressure measurement devices used to measure pressure drop across a control system shall be in accordance with manufacturer's accuracy specifications. (3) The surface tension of electroplating and anodizing baths shall be measured using Method 306B, “Surface Tension Measurement and Recordkeeping for Tanks used at Decorative Chromium Electroplating and Anodizing Facilities,” appendix A of this part. This method should also be followed when wetting agent type or combination wetting agent/foam blanket type fume suppressants are used to control chromium emissions from a hard chromium electroplating tank and surface tension measurement is conducted to demonstrate continuous compliance. (4) The owner or operator of a source required to measure the velocity pressure at the inlet to an add-on air pollution control device in accordance with § 63.343(c)(2), shall establish the site-specific velocity pressure as follows: (i) Locate a velocity traverse port in a section of straight duct that connects the hooding on the plating tank or tanks with the control device. The port shall be located as close to the control system as possible, and shall be placed a minimum of 2 duct diameters downstream and 0.5 diameter upstream of any flow disturbance such as a bend, expansion, or contraction (see Method 1, 40 CFR part 60, appendix A). If 2.5 diameters of straight duct work does not exist, locate the port 0.8 of the duct diameter downstream and 0.2 of the duct diameter upstream from any flow disturbance. (ii) A 12-point velocity traverse of the duct to the control device shall be conducted along a single axis according to Method 2 (40 CFR part 60, appendix A) using an S-type pitot tube; measurement of the barometric pressure and duct temperature at each traverse point is not required, but is suggested. Mark the S-type pitot tube as specified in Method 1 (40 CFR part 60, appendix A) with 12 points. Measure the velocity pressure (Δ p) values for the velocity points and record. Determine the square root of the individual velocity point Δ p values and average. The point with the square root value that comes closest to the average square root value is the point of average velocity. The Δ p value measured for this point during the performance test will be used as the reference for future monitoring. (5) The owner or operator of a source required to measure the pressure drop across the add-on air pollution control device in accordance with § 63.343(c) (1) through (4) may establish the pressure drop in accordance with the following guidelines: (i) Pressure taps shall be installed at any of the following locations: (A) At the inlet and outlet of the control system. The inlet tap should be installed in the ductwork just prior to the control device and the corresponding outlet pressure tap should be installed on the outlet side of the control device prior to the blower or on the downstream side of the blower; (B) On each side of the packed bed within the control system or on each side of each mesh pad within the control system; or (C) On the front side of the first mesh pad and back side of the last mesh pad within the control system. (ii) Pressure taps shall be sited at locations that are: (A) Free from pluggage as possible and away from any flow disturbances such as cyclonic demisters. (B) Situated such that no air infiltration at measurement site will occur that could bias the measurement. (iii) Pressure taps shall be constructed of either polyethylene, polybutylene, or other nonreactive materials. (iv) Nonreactive plastic tubing shall be used to connect the pressure taps to the device used to measure pressure drop. (v) Any of the following pressure gauges can be used to monitor pressure drop: a magnehelic gauge, an inclined manometer, or a “U” tube manometer. (vi) Prior to connecting any pressure lines to the pressure gauge(s), each gauge should be zeroed. No calibration of the pressure gauges is required. (e) Special compliance provisions for multiple sources controlled by a common add-on air pollution control device. (2) When multiple affected sources performing the same type of operation (e.g., all are performing hard chromium electroplating), and subject to the same emission limitation, are controlled with an add-on air pollution control device that is not controlling emissions from any other type of affected operation or from any nonaffected sources, the applicable emission limitation identified in § 63.342 must be met at the outlet of the add-on air pollution control device. (3) When multiple affected sources performing the same type of operation and subject to the same emission limitation are controlled with a common add-on air pollution control device that is also controlling emissions from sources not affected by these standards, the following procedures should be followed to determine compliance with the applicable emission limitation in § 63.342: (i) Calculate the cross-sectional area of each inlet duct (i.e., uptakes from each hood) including those not affected by the standard. (ii) Determine the total sample time per test run by dividing the total inlet area from all tanks connected to the control system by the total inlet area for all ducts associated with affected sources, and then multiply this number by 2 hours. The calculated time is the minimum sample time required per test run. (iii) Perform Method 306 or 306A testing and calculate an outlet mass emission rate. (iv) Determine the total ventilation rate from the affected sources (VR inlet where VR tot i total inlet (v) Establish the allowable mass emission rate of the system (AMR sys where Σ VR inlet sys (4) When multiple affected sources performing different types of operations (e.g., hard chromium electroplating, decorative chromium electroplating, or chromium anodizing) are controlled by a common add-on air pollution control device that may or may not also be controlling emissions from sources not affected by these standards, or if the affected sources controlled by the common add-on air pollution control device perform the same operation but are subject to different emission limitations (e.g., because one is a new hard chromium plating tank and one is an existing small, hard chromium plating tank), the following procedures should be followed to determine compliance with the applicable emission limitation in § 63.342: (i) Follow the steps outlined in paragraphs (e)(3)(i) through (e)(3)(iii) of this section. (ii) Determine the total ventilation rate for each type of affected source (VR inlet where VR tot i,a total inlet,a (iii) Establish the allowable mass emission rate in mg/hr for each type of affected source that is controlled by the add-on air pollution control device using equation 4, 5, 6, or 7 as appropriate: VR hc1 hc1 hc1 VR hc2 hc2 hc2 VR dc dc dc VR ca ca ca where “hc” applies to the total of ventilation rates for all hard chromium electroplating tanks subject to the same emission limitation, “dc” applies to the total of ventilation rates for the decorative chromium electroplating tanks, “ca” applies to the total of ventilation rates for the chromium anodizing tanks, and EL is the applicable emission limitation from § 63.342 in mg/dscm. There are two equations for hard chromium electroplating tanks because different emission limitations may apply (e.g., a new tank versus an existing, small tank). (iv) Establish the allowable mass emission rate of the system (AMR sys The allowable mass emission rate calculated from equation 8 should be equal to or more than the outlet three-run average mass emission rate determined from Method 306 or 306A testing in order for the source to be in compliance with the standards. (5) Each owner or operator that uses the special compliance provisions of this paragraph to demonstrate compliance with the emission limitations of § 63.342 shall submit the measurements and calculations to support these compliance methods with the notification of compliance status required by § 63.347(e). (6) Each owner or operator that uses the special compliance provisions of this section to demonstrate compliance with the emission limitations of § 63.342 shall repeat these procedures if a tank is added or removed from the control system regardless of whether that tank is a nonaffected source. If the new nonaffected tank replaces an existing nonaffected tank of the same size and is connected to the control system through the same size inlet duct then this procedure does not have to be repeated. (f) Compliance provisions for the mass rate emission standard for enclosed hard chromium electroplating tanks. (i)(A) The owner or operator of an enclosed hard chromium electroplating tank that is an existing affected source and is located at a large hard chromium electroplating facility who chooses to meet the mass emission rate standard in § 63.342(c)(2)(iv) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 9: (B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from Method 306 testing is less than or equal to the maximum allowable mass emission rate calculated from equation 9. (ii)(A) The owner or operator of an enclosed hard chromium electroplating tank that is an existing affected source located at a small hard chromium electroplating facility who chooses to meet the mass emission rate standard in § 63.342(c)(2)(v) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 10: (B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 of appendix A to part 63 is less than or equal to the maximum allowable mass emission rate calculated from equation 10. (iii)(A) The owner or operator of an enclosed hard chromium electroplating tank that is a new source who chooses to meet the mass emission rate standard in § 63.342(c)(2)(vii) shall determine compliance by not allowing the mass rate of total chromium in the exhaust gas stream discharged to the atmosphere to exceed the maximum allowable mass emission rate calculated using equation 11: (B) Compliance with the alternative mass emission limit is demonstrated if the three-run average mass emission rate determined from testing using Method 306 or 306A of appendix A to part 63 is less than or equal to the maximum allowable mass emission rate calculated from equation 11. [60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 69 FR 42896, July 19, 2004; 77 FR 58246, Sept. 19, 2012; 79 FR 11283, Feb. 27, 2014] § 63.345 Provisions for new and reconstructed sources. (a) This section identifies the preconstruction review requirements for new and reconstructed affected sources that are subject to, or become subject to, this subpart. (b) New or reconstructed affected sources. (1) After January 25, 1995, whether or not an approved permit program is effective in the State in which an affected source is (or would be) located, no person may construct a new affected source or reconstruct an affected source subject to this subpart, or reconstruct a source such that it becomes an affected source subject to this subpart, without submitting a notification of construction or reconstruction to the Administrator. The notification shall contain the information identified in paragraphs (b) (2) and (3) of this section, as appropriate. (2) The notification of construction or reconstruction required under paragraph (b)(1) of this section shall include: (i) The owner or operator's name, title, and address; (ii) The address (i.e., physical location) or proposed address of the affected source if different from the owner's or operator's; (iii) A notification of intention to construct a new affected source or make any physical or operational changes to an affected source that may meet or has been determined to meet the criteria for a reconstruction as defined in § 63.2; (iv) An identification of subpart N of this part as the basis for the notification; (v) The expected commencement and completion dates of the construction or reconstruction; (vi) The anticipated date of (initial) startup of the affected source; (vii) The type of process operation to be performed (hard or decorative chromium electroplating, or chromium anodizing); (viii) A description of the air pollution control technique to be used to control emissions from the affected source, such as preliminary design drawings and design capacity if an add-on air pollution control device is used; and (ix) An estimate of emissions from the source based on engineering calculations and vendor information on control device efficiency, expressed in units consistent with the emission limits of this subpart. Calculations of emission estimates should be in sufficient detail to permit assessment of the validity of the calculations. (3) If a reconstruction is to occur, the notification required under paragraph (b)(1) of this section shall include the following in addition to the information required in paragraph (b)(2) of this section: (i) A brief description of the affected source and the components to be replaced; (ii) A brief description of the present and proposed emission control technique, including the information required by paragraphs (b)(2) (viii) and (ix) of this section; (iii) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new source; (iv) The estimated life of the affected source after the replacements; and (v) A discussion of any economic or technical limitations the source may have in complying with relevant standards or other requirements after the proposed replacements. The discussion shall be sufficiently detailed to demonstrate to the Administrator's satisfaction that the technical or economic limitations affect the source's ability to comply with the relevant standard and how they do so. (vi) If in the notification of reconstruction, the owner or operator designates the affected source as a reconstructed source and declares that there are no economic or technical limitations to prevent the source from complying with all relevant standards or requirements, the owner or operator need not submit the information required in paragraphs (b)(3) (iii) through (v) of this section. (4) The owner or operator of a new or reconstructed affected source that submits a notification in accordance with paragraphs (b) (1) through (3) of this section is not subject to approval by the Administrator. Construction or reconstruction is subject only to notification and can begin upon submission of a complete notification. (5) Submittal timeframes. (i) If construction or reconstruction commences after January 25, 1995, the notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence. (ii) If the construction or reconstruction had commenced and initial startup had not occurred before January 25, 1995, the notification shall be submitted as soon as practicable before startup but no later than 60 days after January 25, 1995. § 63.346 Recordkeeping requirements. (a) The owner or operator of each affected source subject to these standards shall fulfill all recordkeeping requirements outlined in this section and in the General Provisions to 40 CFR part 63, according to the applicability of subpart A of this part as identified in Table 1 of this subpart. (b) The owner or operator of an affected source subject to the provisions of this subpart shall maintain the following records for such source: (1) Inspection records for the add-on air pollution control device, if such a device is used, and monitoring equipment, to document that the inspection and maintenance required by the work practice standards of § 63.342(f) and Table 1 of § 63.342 have taken place. The record can take the form of a checklist and should identify the device inspected, the date of inspection, a brief description of the working condition of the device during the inspection, and any actions taken to correct deficiencies found during the inspection. (2) Records of all maintenance performed on the affected source, the add-on air pollution control device, and monitoring equipment, except routine housekeeping practices; (3) Records of the occurrence, duration, and cause (if known) of each malfunction of process, add-on air pollution control, and monitoring equipment; (4) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.342(a)(1), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation; (5) Other records, which may take the form of checklists, necessary to demonstrate consistency with the provisions of the operation and maintenance plan required by § 63.342(f)(3); (6) Test reports documenting results of all performance tests; (7) All measurements as may be necessary to determine the conditions of performance tests, including measurements necessary to determine compliance with the special compliance procedures of § 63.344(e); (8) Records of monitoring data required by § 63.343(c) that are used to demonstrate compliance with the standard including the date and time the data are collected; (9) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during malfunction of the process, add-on air pollution control, or monitoring equipment; (10) The specific identification (i.e., the date and time of commencement and completion) of each period of excess emissions, as indicated by monitoring data, that occurs during periods other than malfunction of the process, add-on air pollution control, or monitoring equipment; (11) The total process operating time of the affected source during the reporting period; (12) Records of the actual cumulative rectifier capacity of hard chromium electroplating tanks at a facility expended during each month of the reporting period, and the total capacity expended to date for a reporting period, if the owner or operator is using the actual cumulative rectifier capacity to determine facility size in accordance with § 63.342(c)(2); (13) For sources using fume suppressants to comply with the standards, records of the date and time that fume suppressants are added to the electroplating or anodizing bath and records of the fume suppressant manufacturer and product name; (14) For sources complying with § 63.342(e), records of the bath components purchased, with the wetting agent clearly identified as a bath constituent contained in one of the components; (15) Any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements, if the source has been granted a waiver under § 63.10(f); and (16) All documentation supporting the notifications and reports required by § 63.9, § 63.10, and § 63.347. (c) All records shall be maintained for a period of 5 years in accordance with § 63.10(b)(1). [60 FR 4963, Jan. 25, 1995, as amended at 77 FR 58248, Sept. 19, 2012] § 63.347 Reporting requirements. (a) The owner or operator of each affected source subject to these standards shall fulfill all reporting requirements outlined in this section and in the General Provisions to 40 CFR part 63, according to the applicability of subpart A as identified in Table 1 of this subpart. These reports shall be made to the Administrator at the appropriate address as identified in § 63.13 or to the delegated State authority. (1) Reports required by subpart A of this part and this section may be sent by U.S. mail, fax, or by another courier. (i) Submittals sent by U.S. mail shall be postmarked on or before the specified date. (ii) Submittals sent by other methods shall be received by the Administrator on or before the specified date. (2) If acceptable to both the Administrator and the owner or operator of an affected source, reports may be submitted on electronic media. (b) The reporting requirements of this section apply to the owner or operator of an affected source when such source becomes subject to the provisions of this subpart. (c) Initial notifications. (i) The name, title, and address of the owner or operator; (ii) The address (i.e., physical location) of each affected source; (iii) A statement that subpart N of this part is the basis for this notification; (iv) Identification of the applicable emission limitation and compliance date for each affected source; (v) A brief description of each affected source, including the type of process operation performed; (vi) For sources performing hard chromium electroplating, the maximum potential cumulative potential rectifier capacity; (vii) For sources performing hard chromium electroplating, a statement of whether the affected source(s) is located at a small or a large, hard chromium electroplating facility and whether this will be demonstrated through actual or maximum potential cumulative rectifier capacity; (viii) For sources performing hard chromium electroplating, a statement of whether the owner or operator of an affected source(s) will limit the maximum potential cumulative rectifier capacity in accordance with § 63.342(c)(2) such that the hard chromium electroplating facility is considered small; and (ix) A statement of whether the affected source is located at a major source or an area source as defined in § 63.2. (2) The owner or operator of a new or reconstructed affected source that has an initial startup after January 25, 1995 shall submit an initial notification (in addition to the notification of construction or reconstruction required by § 63.345(b) as follows: (i) A notification of the date when construction or reconstruction was commenced, shall be submitted simultaneously with the notification of construction or reconstruction, if construction or reconstruction was commenced before January 25, 1995; (ii) A notification of the date when construction or reconstruction was commenced, shall be submitted no later than 30 calendar days after such date, if construction or reconstruction was commenced after January 25, 1995; and (iii) A notification of the actual date of startup of the source shall be submitted within 30 calendar days after such date. (d) Notification of performance test. (2) In the event the owner or operator is unable to conduct the performance test as scheduled, the provisions of § 63.7(b)(2) apply. (e) Notification of compliance status. (2) If the State in which the source is located has not been delegated the authority to implement the rule, each time a notification of compliance status is required under this part, the owner or operator of an affected source shall submit to the Administrator a notification of compliance status, signed by the responsible official (as defined in § 63.2) who shall certify its accuracy, attesting to whether the affected source has complied with this subpart. If the State has been delegated the authority, the notification of compliance status shall be submitted to the appropriate authority. The notification shall list for each affected source: (i) The applicable emission limitation and the methods that were used to determine compliance with this limitation; (ii) If a performance test is required by this subpart, the test report documenting the results of the performance test, which contains the elements required by § 63.344(a), including measurements and calculations to support the special compliance provisions of § 63.344(e) if these are being followed; (iii) The type and quantity of hazardous air pollutants emitted by the source reported in mg/dscm or mg/hr if the source is using the special provisions of § 63.344(e) to comply with the standards. (If the owner or operator is subject to the construction and reconstruction provisions of § 63.345 and had previously submitted emission estimates, the owner or operator shall state that this report corrects or verifies the previous estimate.) For sources not required to conduct a performance test in accordance with § 63.343(b), the surface tension measurement may fulfill this requirement; (iv) For each monitored parameter for which a compliant value is to be established under § 63.343(c), the specific operating parameter value, or range of values, that corresponds to compliance with the applicable emission limit; (v) The methods that will be used to determine continuous compliance, including a description of monitoring and reporting requirements, if methods differ from those identified in this subpart; (vi) A description of the air pollution control technique for each emission point; (vii) A statement that the owner or operator has completed and has on file the operation and maintenance plan as required by the work practice standards in § 63.342(f); (viii) If the owner or operator is determining facility size based on actual cumulative rectifier capacity in accordance with § 63.342(c)(2), records to support that the facility is small. For existing sources, records from any 12-month period preceding the compliance date shall be used or a description of how operations will change to meet a small designation shall be provided. For new sources, records of projected rectifier capacity for the first 12-month period of tank operation shall be used; (ix) A statement by the owner or operator of the affected source as to whether the source has complied with the provisions of this subpart. (3) For sources required to conduct a performance test by § 63.343(b), the notification of compliance status shall be submitted to the Administrator no later than 90 calendar days following completion of the compliance demonstration required by § 63.7 and § 63.343(b). (4) For sources that are not required to complete a performance test in accordance with § 63.343(b), the notification of compliance status shall be submitted to the Administrator no later than 30 days after the compliance date specified in § 63.343(a), except the date on which sources in California shall monitor the surface tension of the anodizing bath is extended to January 25, 1998. (f) Reports of performance test results. (2) Reports of performance test results shall be submitted no later than 90 days following the completion of the performance test, and shall be submitted as part of the notification of compliance status required by paragraph (e) of this section. (3)(i) Within 60 days after the date of completing each performance test (defined in § 63.2) as required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, required by this subpart to the EPA's WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA's Central Data Exchange (CDX) ( www.epa.gov/cdx http://www.epa.gov/ttn/chief/ert/index.html (g) Ongoing compliance status reports for major sources. (i) The Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source; or (ii) The monitoring data collected by the owner or operator of the affected source in accordance with § 63.343(c) show that the emission limit has been exceeded, in which case quarterly reports shall be submitted. Once an owner or operator of an affected source reports an exceedance, ongoing compliance status reports shall be submitted quarterly until a request to reduce reporting frequency under paragraph (g)(2) of this section is approved. (2) Request to reduce frequency of ongoing compliance status reports. (A) For 1 full year (e.g., 4 quarterly or 12 monthly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit; (B) The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of subpart A of this part and this subpart; and (C) The Administrator does not object to a reduced reporting frequency for the affected source, as provided in paragraphs (g)(2) (ii) and (iii) of this section. (ii) The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change, and the Administrator does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. Such information may be used by the Administrator to make a judgment about the source's potential for noncompliance in the future. If the Administrator disapproves the owner or operator's request to reduce reporting frequency, the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the Administrator to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted. (iii) As soon as the monitoring data required by § 63.343(c) show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to quarterly, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Administrator to reduce the reporting frequency as allowed by paragraph (g)(2) of this section. (3) Contents of ongoing compliance status reports. (i) The company name and address of the affected source; (ii) An identification of the operating parameter that is monitored for compliance determination, as required by § 63.343(c); (iii) The relevant emission limitation for the affected source, and the operating parameter value, or range of values, that correspond to compliance with this emission limitation as specified in the notification of compliance status required by paragraph (e) of this section; (iv) The beginning and ending dates of the reporting period; (v) A description of the type of process performed in the affected source; (vi) The total operating time of the affected source during the reporting period; (vii) If the affected source is a hard chromium electroplating tank and the owner or operator is limiting the maximum cumulative rectifier capacity in accordance with § 63.342(c)(2), the actual cumulative rectifier capacity expended during the reporting period, on a month-by-month basis; (viii) A summary of operating parameter values, including the total duration of excess emissions during the reporting period as indicated by those values, the total duration of excess emissions expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total duration of excess emissions during the reporting period into those that are due to process upsets, control equipment malfunctions, other known causes, and unknown causes; (ix) A certification by a responsible official, as defined in § 63.2, that the work practice standards in § 63.342(f) were followed in accordance with the operation and maintenance plan for the source; (x) If the operation and maintenance plan required by § 63.342(f)(3) was not followed, an explanation of the reasons for not following the provisions, an assessment of whether any excess emission and/or parameter monitoring exceedances are believed to have occurred, and a copy of the report(s) required by § 63.342(f)(3)(iv) documenting that the operation and maintenance plan was not followed; (xi) A description of any changes in monitoring, processes, or controls since the last reporting period; (xii) The number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.342(a)(1), including actions taken to correct a malfunction. (xiii) The name, title, and signature of the responsible official who is certifying the accuracy of the report; and (xiv) The date of the report. (4) When more than one monitoring device is used to comply with the continuous compliance monitoring required by § 63.343(c), the owner or operator shall report the results as required for each monitoring device. However, when one monitoring device is used as a backup for the primary monitoring device, the owner or operator shall only report the results from the monitoring device used to meet the monitoring requirements of this subpart. If both devices are used to meet these requirements, then the owner or operator shall report the results from each monitoring device for the relevant compliance period. (h) Ongoing compliance status reports for area sources. (1) The owner or operator of an affected source that is located at an area source site shall prepare a summary report to document the ongoing compliance status of the affected source. The report shall contain the information identified in paragraph (g)(3) of this section, shall be completed annually and retained on site, and made available to the Administrator upon request. The report shall be completed annually except as provided in paragraph (h)(2) of this section. (2) Reports of exceedances. (A) The total duration of excess emissions (as indicated by the monitoring data collected by the owner or operator of the affected source in accordance with § 63.343(c)) is 1 percent or greater of the total operating time for the reporting period; or (B) The total duration of malfunctions of the add-on air pollution control device and monitoring equipment is 5 percent or greater of the total operating time. (ii) Once an owner or operator of an affected source reports an exceedance as defined in paragraph (h)(2)(i) of this section, ongoing compliance status reports shall be submitted semiannually until a request to reduce reporting frequency under paragraph (h)(3) of this section is approved. (iii) The Administrator may determine on a case-by-case basis that the summary report shall be completed more frequently and submitted, or that the annual report shall be submitted instead of being retained on site, if these measures are necessary to accurately assess the compliance status of the source. (3) Request to reduce frequency of ongoing compliance status reports. (A) For 1 full year (e.g., 2 semiannual or 4 quarterly reporting periods), the ongoing compliance status reports demonstrate that the affected source is in compliance with the relevant emission limit; (B) The owner or operator continues to comply with all applicable recordkeeping and monitoring requirements of subpart A of this part and this subpart; and (C) The Administrator does not object to a reduced reporting frequency for the affected source, as provided in paragraphs (h)(3) (ii) and (iii) of this section. (ii) The frequency of submitting ongoing compliance status reports may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change, and the Administrator does not object to the intended change. In deciding whether to approve a reduced reporting frequency, the Administrator may review information concerning the source's previous performance history during the 5-year recordkeeping period prior to the intended change, or the recordkeeping period since the source's compliance date, whichever is shorter. Records subject to review may include performance test results, monitoring data, and evaluations of an owner or operator's conformance with emission limitations and work practice standards. Such information may be used by the Administrator to make a judgement about the source's potential for noncompliance in the future. If the Administrator disapproves the owner or operator's request to reduce reporting frequency, the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the Administrator to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted. (iii) As soon as the monitoring data required by § 63.343(c) show that the source is not in compliance with the relevant emission limit, the frequency of reporting shall revert to semiannual, and the owner shall state this exceedance in the ongoing compliance status report for the next reporting period. After demonstrating ongoing compliance with the relevant emission limit for another full year, the owner or operator may again request approval from the Administrator to reduce the reporting frequency as allowed by paragraph (h)(3) of this section. (i) Reports associated with trivalent chromium baths. (1) Within 180 days after January 25, 1995, submit an initial notification that includes: (i) The same information as is required by paragraphs (c)(1) (i) through (v) of this section; and (ii) A statement that a trivalent chromium process that incorporates a wetting agent will be used to comply with § 63.342(e); and (iii) The list of bath components that comprise the trivalent chromium bath, with the wetting agent clearly identified; and (2) Within 30 days of the compliance date specified in § 63.343(a), a notification of compliance status that contains an update of the information submitted in accordance with paragraph (i)(1) of this section or a statement that the information is still accurate; and (3) Within 30 days of a change to the trivalent chromium electroplating process, a report that includes: (i) A description of the manner in which the process has been changed and the emission limitation, if any, now applicable to the affected source; (ii) If a different emission limitation applies, the applicable information required by paragraph (c)(1) of this section; and (iii) The notification and reporting requirements of paragraphs (d), (e), (f), (g), and (h) of this section, which shall be submitted in accordance with the schedules identified in those paragraphs. [60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 62 FR 4465, Jan. 30, 1997, 62 FR 42921, Aug. 11, 1997; 69 FR 42897, July 19, 2004; 77 FR 58248, Sept. 19, 2012; 85 FR 73888, Nov. 19, 2020] § 63.348 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.340, 63.342(a) through (e) and (g), and 63.343(a). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37347, June 23, 2003] Table 1 to Subpart N of Part 63—General Provisions Applicability to Subpart N General provisions Applies to subpart N Comment 63.1(a)(1) Yes Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence. 63.1(a)(2) Yes 63.1(a)(3) Yes 63.1(a)(4) Yes Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. 63.1(a)(5) No [Reserved] 63.1(a)(6) Yes 63.1(a)(7)-(9) No [Reserved] 63.1(a)(10) Yes 63.1(a)(11) Yes § 63.347(a) of subpart N also allows report submissions via fax and on electronic media. 63.1(a)(12) Yes 63.1(b)(1) No § 63.340 of subpart N specifies applicability. 63.1(b)(2) No [Reserved] 63.1(b)(3) No This provision in subpart A is being deleted. Also, all affected area and major sources are subject to subpart N; there are no exemptions. 63.1(c)(1) Yes Subpart N clarifies the applicability of each paragraph in subpart A to sources subject to subpart N. 63.1(c)(2) Yes § 63.340(e) of Subpart N exempts area sources from the obligation to obtain Title V operating permits. 63.1(c)(3)-(4) No [Reserved] 63.1(c)(5) No Subpart N clarifies that an area source that becomes a major source is subject to the requirements for major sources. 63.1(c)(6) Yes 63.1(e) Yes 63.2 Yes Additional terms defined in § 63.341; when overlap between subparts A and N occurs, subpart N takes precedence. 63.3 Yes Other units used in subpart N are defined in that subpart. 63.4(a)(1)-(2) Yes 63.4(a)(3)-(5) No [Reserved] 63.4(b)-(c) Yes 63.5(a) Yes Except replace the term “source” and “stationary source” in § 63.5(a) (1) and (2) of subpart A with “affected sources.” 63.5(b)(1) Yes 63.5(b)(2) No [Reserved] 63.5(b)(3) Yes Applies only to major affected sources. 63.5(b)(4) No Subpart N (§ 63.345) specifies requirements for the notification of construction or reconstruction for affected sources that are not major. 63.5(b)(5) No [Reserved] 63.5(b)(6) Yes 63.5(c) No [Reserved] 63.5(d)(1)(i) No § 63.345(c)(5) of subpart N specifies when the application or notification shall be submitted. 63.5(d)(1)(ii) Yes Applies to major affected sources that are new or reconstructed. 63.5(d)(1)(iii) Yes Except information should be submitted with the Notification of Compliance Status required by § 63.347(e) of subpart N. 63.5(d)(2) Yes Applies to major affected sources that are new or reconstructed except: (1) replace “source” in § 63.5(d)(2) of subpart A with “affected source”; and (2) actual control efficiencies are submitted with the Notification of Compliance Status required by § 63.347(e). 63.5(d)(3)-(4) Yes Applies to major affected sources that are new or reconstructed. 63.5(e) Yes Applies to major affected sources that are new or reconstructed. 63.5(f)(1) Yes Except replace “source” in § 63.5(f)(1) of subpart A with “affected source.” 63.5(f)(2) No New or reconstructed affected sources shall submit the request for approval of construction or reconstruction under § 63.5(f) of subpart A by the deadline specified in § 63.345(c)(5) of subpart N. 63.6(a) Yes 63.6(b)(1)-(2) Yes Except replace “source” in § 63.6(b)(1)-(2) of part A with “affected source.” 63.6(b)(3)-(4) Yes 63.6(b)(5) Yes Except replace “source” in § 63.6(b)(5) of subpart A with “affected source.” 63.6(b)(7) No Provisions for new area sources that become major sources are contained in § 63.343(a)(4) of subpart N. 63.6(c)(1)-(2) Yes Except replace “source” in § 63.6(c)(1)-(2) of subpart A with “affected source.” 63.6(c)(3)-(4) No [Reserved] 63.6(c)(5) No Compliance provisions for existing area sources that become major sources are contained in § 63.343(a)(3) of subpart N. 63.6(d) No [Reserved] 63.6(e)(1)-(3) No § 63.342(f) of subpart N contains work practice standards (operation and maintenance requirements) that override these provisions. 63.6(f)(1) No § 63.342(b) of subpart N specifies when the standards apply. 63.6(f)(2)(i)-(ii) Yes 63.6(f)(2)(iii) No § 63.344(b) of subpart N specifies instances in which previous performance test results for existing sources are acceptable. 63.6(f)(2)(iv) Yes 63.6(f)(2)(v) Yes 63.6(f)(3) Yes 63.6(g) Yes 63.6(h)(1) No SSM Exception 63.6(h)(2) No Subpart N does not contain any opacity or visible emission standards. 63.6(i)(1) Yes 63.6(i)(2) Yes Except replace “source” in § 63.6(i)(2)(i) and (ii) of subpart A with “affected source.” 63.6(i)(3) Yes 63.6(i)(4)(i) No § 63.343(a)(6) of subpart N specifies the procedures for obtaining an extension of compliance and the date by which such requests must be submitted. 63.6(i)(4)(ii) Yes 63.6(i)(5) Yes 63.6(i)(6)(i) Yes This paragraph only references “paragraph (i)(4) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.6(i)(6)(ii) Yes 63.6(i)(7) Yes 63.6(i)(8) Yes This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.6(i)(9) Yes This paragraph only references “paragraphs (i)(4) through (i)(6) of this section” and “paragraphs (i)(4) and (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.6(i)(10)(i)-(iv) Yes 63.6(i)(10)(v)(A) Yes This paragraph only references “paragraph (i)(4)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.6(i)(10)(v)(B) Yes 63.6(i)(11) Yes 63.6(i)(12)(i) Yes This paragraph only references “paragraph (i)(4)(i) or (i)(5) of this section” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.6(i)(12)(ii)-(iii) Yes 63.6(i)(13) Yes 63.6(i)(14) Yes 63.6(i)(15) No [Reserved] 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)(1) Yes 63.7(a)(2)(i)-(viii) No [Reserved] 63.7(a)(2)(ix) Yes 63.7(a)(3) Yes 63.7(a)(4) Yes 63.7(b)(1) No § 63.347(d) of subpart N requires notification prior to the performance test. § 63.344(a) of subpart N requires submission of a site-specific test plan upon request. 63.7(b)(2) Yes 63.7(c) No § 63.344(a) of subpart N specifies what the test plan should contain, but does not require test plan approval or performance audit samples. 63.7(d) Yes Except replace “source” in the first sentence of § 63.7(d) of subpart A with “affected source.” 63.7(e)(1) No See § 63.344(a). Any cross reference to § 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.344(a). 63.7(e)(2)-(4) Yes Subpart N also contains test methods specific to affected sources covered by that subpart. 63.7(f) Yes § 63.344(c)(2) of subpart N identifies CARB Method 425 as acceptable under certain conditions. 63.7(g)(1) No Subpart N identifies the items to be reported in the compliance test [§ 63.344(a)] and the timeframe for submitting the results [§ 63.347(f)]. 63.7(g)(2) No [Reserved] 63.7(g)(3) Yes 63.7(h)(1)-(2) Yes 63.7(h)(3)(i) Yes This paragraph only references “§ 63.6(i)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. 63.7(h)(3)(ii)-(iii) Yes 63.7(h)(4)-(5) Yes 63.8(a)(1) Yes 63.8(a)(2) No Work practice standards are contained in § 63.342(f) of subpart N. 63.8(a)(3) No [Reserved] 63.8(a)(4) No 63.8(b)(1) Yes 63.8(b)(2) No § 63.344(d) of subpart N specifies the monitoring location when there are multiple sources. 63.9(b)(3) No [Reserved] 63.8(c)(1)(i) No Subpart N requires proper maintenance of monitoring devices expected to be used by sources subject to subpart N. 63.8(c)(1)(ii) No § 63.342(f)(3)(iv) of subpart N specifies reporting when the O&M plan is not followed. 63.8(c)(1)(iii) No § 63.343(f)(2) identifies the criteria for whether O&M procedures are acceptable. 63.8(c)(2)-(3) No § 63.344(d)(2) requires appropriate use of monitoring devices. 63.8(c)(4)-(7) No 63.8(d) No Maintenance of monitoring devices is required by §§ 63.342(f) and 63.344(d)(2) of subpart N. 63.8(e) No There are no performance evaluation procedures for the monitoring devices expected to be used to comply with subpart N. 63.8(f)(1) Yes 63.8(f)(2) No Instances in which the Administrator may approve alternatives to the monitoring methods and procedures of subpart N are contained in § 63.343(c)(8) of subpart N. 63.8(f)(3) Yes 63.8(f)(4) Yes 63.8(f)(5) Yes 63.8(f)(6) No Subpart N does not require the use of CEM's. 63.8(g) No Monitoring data does not need to be reduced for reporting purposes because subpart N requires measurement once/day. 63.9(a) Yes 63.9(b)(1)(i)-(ii) No § 63.343(a)(3) of subpart N requires area sources to comply with major source provisions if an increase in HAP emissions causes them to become major sources. 63.9(b)(1)(iii) No § 63.347(c)(2) of subpart N specifies initial notification requirements for new or reconstructed affected sources. 63.9(b)(2) No § 63.347(c)(1) of subpart N specifies the information to be contained in the initial notification. 63.9(b)(3) No § 63.347(c)(2) of subpart N specifies notification requirements for new or reconstructed sources that are not major affected sources. 63.9(b)(4) No 63.9(b)(5) No 63.9(c) Yes This paragraph only references “§ 63.6(i)(4) through § 63.6(i)(6)” for compliance extension provisions. But, § 63.343(a)(6) of subpart N also contains provisions for requesting a compliance extension. Subpart N provides a different timeframe for submitting the request than § 63.6(i)(4). 63.9(d) Yes This paragraph only references “the notification dates established in paragraph (g) of this section.” But, § 63.347 of subpart N also contains notification dates. 63.9(e) No Notification of performance test is required by § 63.347(d) of subpart N. 63.9(f) No 63.9(g) No Subpart N does not require a performance evaluation or relative accuracy test for monitoring devices. 63.9(h)(1)-(3) No § 63.347(e) of subpart N specifies information to be contained in the notification of compliance status and the timeframe for submitting this information. 63.9(h)(4) No [Reserved] 63.9(h)(5) No Similar language has been incorporated into § 63.347(e)(2)(iii) of subpart N. 63.9(h)(6) Yes 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2) No § 63.346(b) of subpart N specifies the records that must be maintained. 63.10(b)(3) No Subpart N applies to major and area sources. 63.10(c) No Applicable requirements of § 63.10(c) have been incorporated into § 63.346(b) of subpart N. 63.10(d)(1) Yes 63.10(d)(2) No § 63.347(f) of subpart N specifies the timeframe for reporting performance test results. 63.10(d)(3) No Subpart N does not contain opacity or visible emissions standards. 63.10(d)(4) Yes 63.10(d)(5) No § 63.342(f)(3)(iv) and § 63.347(g)(3) of subpart N specify reporting associated with malfunctions. 63.10(e) No § 63.347(g) and (h) of subpart N specify the frequency of periodic reports of monitoring data used to establish compliance. Applicable requirements of § 63.10(e) have been incorporated into § 63.347(g) and (h). 63.10(f) Yes 63.11 No Flares will not be used to comply with the emission limits. 63.12-63.15 Yes [60 FR 4963, Jan. 25, 1995, as amended at 61 FR 27787, June 3, 1996; 70 FR 75345, Dec. 19, 2005; 77 FR 58248, Sept. 19, 2012; 85 FR 73889, Nov. 19, 2020] Subpart O—Ethylene Oxide Emissions Standards for Sterilization Facilities Source: 89 FR 24172, Apr. 5, 2024, unless otherwise noted. § 63.360 Applicability. (a) You are subject to the requirements of this subpart if you own or operate a sterilization facility that has an affected source specified in paragraph (b) of this section. Table 6 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. (b) The affected sources subject to this subpart are: (1) Each SCV at any sterilization facility; (2) Each ARV at any sterilization facility; (3) Each CEV at any sterilization facility; (4) The collection of all Group 1 room air emissions at any sterilization facility; and (5) The collection of all Group 2 room air emissions at any sterilization facility. (c) An existing affected source is one the construction or reconstruction of which was commenced on or before April 13, 2023. (d) A new affected source is one the construction or reconstruction of which is commenced after April 13, 2023. (e) An SCV, ARV, or CEV is reconstructed if you meet the reconstruction criteria as defined in § 63.2, and if you commence reconstruction after April 13, 2023. (f) This subpart does not apply to beehive fumigators. (g) This subpart does not apply to research or laboratory facilities as defined in section 112(c)(7) of title III of the Clean Air Act Amendment of 1990. (h) This subpart does not apply to EtO sterilization operations at stationary sources such as hospitals, doctor's offices, clinics, or other facilities whose primary purpose is to provide medical or dental services to humans or animals. (i) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources. (j) You must comply with the provisions of this subpart no later than the dates specified in paragraphs (j)(1) through (17) of this section: (1) If you own or operate an existing affected source, you must comply with the applicable provisions of this subpart no later than the dates specified in tables 1 through 5 to this subpart, as applicable. (2) If you own or operate a new affected source, and the initial startup of your affected source is on or before April 5, 2024, you must comply with the provisions of this subpart no later than April 5, 2024. (3) If you own or operate a new affected source, and the initial startup is after April 5, 2024, you must comply with the provisions of this subpart upon startup of your affected source. (4) If existing SCV, ARV, or CEV or parts of an existing collection of Group 1 or Group 2 room air emissions are replaced such that the replacement meets the definition of reconstruction in § 63.2 and the reconstruction commenced after April 13, 2023, then the existing affected source becomes a new affected source. The reconstructed source must comply with the requirements for a new affected source upon initial startup of the reconstructed source or by April 5, 2024, whichever is later. (5) All existing SCVs at facilities that meet or exceed 1 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (6) All existing SCVs at facilities that do not exceed 1 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (7) All new SCVs at facilities that increase their EtO use over a year after startup such that the SCV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (8) All existing ARVs at facilities that meet or exceed 10 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (9) All existing ARVs at facilities that do not exceed 10 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use after thereafter, such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (10) All new ARVs at facilities that increase their EtO use over a year after startup such that the ARV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (11) All existing CEVs at facilities that do not exceed 60 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the CEV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (12) All new CEVs at facilities that increase their EtO use over a year after startup such that the CEV becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (13) All existing collections of Group 1 room air emissions at facilities that do not exceed 40 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the collection of Group 1 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (14) All new Group 1 room air emissions at facilities that increase their EtO use over a year after startup such that the Group 1 room air emissions become subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (15) All existing collections of Group 2 room air emissions at facilities that meet or exceed 4 tpy of EtO use within any consecutive 12-month period after April 7, 2025, that increase their EtO use after April 6, 2026, such that the collection of Group 2 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (16) All existing collections of Group 2 room air emissions at facilities that do not exceed 4 tpy of EtO use within any consecutive 12-month period after April 6, 2026, that increase their EtO use thereafter, such that the collection of Group 2 room air emissions becomes subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. (17) All new Group 2 room air emissions at facilities that increase their EtO use over a year after startup such that the Group 2 room air emissions become subject to a more stringent emission standard, immediately upon becoming subject to the more stringent emission standard. § 63.361 Definitions. Terms and nomenclature used in this subpart are defined in the Clean Air Act (the Act) as amended in 1990, §§ 63.2 and 63.3, or in this section. For the purposes of this subpart, if the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section. Acid-water scrubber Aeration Aeration room Aeration room vent (ARV) Catalytic oxidizer Chamber exhaust vent (CEV) Combination sterilization unit i.e., Combined emission stream Continuous monitoring system (CMS) Control System Residence Time Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation, parameter value, or best management practice; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart or that is included in the operating permit for any facility required to obtain such a permit. EtO dispensing e.g., Gas/solid reactor Group 1 room air emissions Group 2 room air emissions Indoor EtO storage e.g., Initial startup Injection room e.g., Maximum ethylene glycol concentration Maximum gas/solid reactor pressure drop Maximum liquor tank level Maximum scrubber liquor pH Minimum stack volumetric flow rate Minimum temperature at the inlet to the catalyst bed Minimum temperature difference across the catalyst bed Minimum temperature in or immediately downstream of the firebox Natural draft opening (NDO) Operating day Peak shaver Permanent total enclosure (PTE) Post-aeration handling of sterilized material Post-injection handling of containers e.g., Pre-aeration handling of sterilized material Rolling sum Single-item sterilization Sterilization chamber Sterilization chamber vent (SCV) Sterilization facility Sterilization operation Thermal oxidizer Vacuum pump operation § 63.362 Standards. (a) Compliance date. (b) Applicability of standards. (c) SCV. (d) ARV. (e) CEV. (f) Group 1 room air emissions. (g) Group 2 room air emissions. (h) Capture systems. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control system. (2) All sterilization operations creating exhaust gases for which the compliance demonstration is applicable are contained within the capture system. (i) Requirements for combined emission streams. (1) Monitoring after emission streams are combined. (i) The combined emission streams limit for each 30-operating day period is determined daily by using equation 1 to this paragraph. Where: CES Combined M 30day i.e., 30day 30day Max(ER) = The most stringent emission reduction standard specified in tables 1 through 5 of this subpart applicable to any of the constituent streams, in decimal format. (ii) The 30-operating day rolling sum of emissions for the combined emission stream ( i.e., Combined Combined (iii) Compliance with the combined emission streams limitation shall be determined by demonstrating that E Combined Combined (2) Monitoring before emission streams are combined. (i) The combined emission streams limit for each 30-operating day period is determined daily by using equation 2 to this paragraph. Where: CES Streams M c,i i.e., c,i 30day ER i i. i = Non-SCV constituent emission stream index. n = Total number of non-SCV constituent emission streams. M c,j 1 ER j j = SCV emission stream index. m = Total number of SCV emission streams. (ii) The 30-operating day rolling sum emissions for the combined emission stream ( i.e., Combined Combined (iii) Compliance with the combined emission streams limitation shall be determined by demonstrating that E Combined Streams (3) If room air emissions are both subject to an emission standard and split between two or more control systems, then these control systems must be treated as part of the same control system. (j) Site-wide emission limitation. (1) SWEL based upon facility EtO use. (i) The SWEL for each 30-operating day period is determined daily by using equation 3 to this paragraph. Where: SWEL Fac M Fac 0.99 = Adjustment factor for EtO residual in sterilized product. ER SCV (ii) The 30-operating day rolling sum of emissions are determined daily using equation 4 to this paragraph. Where: E Fac E o,i i, i n = Total number of exhaust stacks (iii) Compliance with the SWEL based upon facility EtO usage shall be determined by demonstrating that E Fac (2) SWEL based upon emissions streams. 1 (i) The SWEL for each 30-operating day period is determined daily by using equation 5 to this paragraph. Where: SWEL Streams M c,i i.e., c,i 30day ER i i, i = Non-SCV emission streams index. n = Total number of non-SCV emission streams. M c,j 1 ER j j = SCV emission stream index. m = Total number of SCV emission streams. (ii) The 30-operating day rolling sum of emissions are determined daily using equation 4 to this section. (iii) Compliance with the SWEL based upon emission streams shall be determined by demonstrating that E Fac Streams (3) Boundary. (k) General duty. § 63.363 Compliance and performance provisions. (a) Continuous compliance. (b) Initial compliance for Facilities that use EtO CEMS. i.e., i.e., (1) The CEMS performance test must demonstrate compliance with the applicable EtO standards in tables 1 through 5 to this subpart. Alternatively, the CEMS performance test may demonstrate compliance with § 63.362(i) or (j). (i) You may time-share your CEMS among different measurement points provided that: (A) The measurement points are approximately equidistant from the CEMS; (B) The sampling time at each measurement point is at least 3 times as long as the CEMS response time; (C) The CEMS completes at least one complete cycle of operation for each shared measurement point within a 15-minute period; and (D) The CEMS meets the other requirements of PS 19. (2) You must collect hourly data from auxiliary monitoring systems during the performance test period, to convert the pollutant concentrations to pounds per hour. (c) Initial compliance demonstration where facility EtO use is less than 100 pounds per year. (1) Conduct an initial compliance demonstration using the procedures listed in § 63.7 of this part according to the applicability in table 6 to this subpart, the procedures listed in this section, and the test methods listed in § 63.365; (2) Complete the initial compliance demonstration within 180 days after the compliance date for the affected source as determined in § 63.360(j). (d) Operating limits for facility where EtO use is less than 100 lb/yr. (1) You must determine the percent emission reduction of the control system used to comply with § 63.362(c) through (g) using the test methods and procedures in § 63.365(d)(1). (2) If an acid-water scrubber(s) is used to comply with a standard, then you must establish as an operating limit: (i) The maximum ethylene glycol concentration using the procedures described in § 63.365(e)(1)(i); (ii) The maximum liquor tank level using the procedures described in § 63.365(e)(1)(ii); or (iii) The maximum scrubber liquor pH using the procedures described in § 63.365(e)(1)(iii). (3) If a thermal oxidizer(s) is used to comply with a standard, you must establish as an operating limit the minimum temperature in or immediately downstream of the firebox using the procedures described in § 63.365(e)(2). (4) If a catalytic oxidizer(s) is used to comply with the standard, you must establish as operating limits both: (i) The minimum temperature at the inlet to the catalyst bed using the procedures described in § 63.365(e)(3); and (ii) The minimum temperature difference across the catalyst bed using the procedures described in § 63.365(e)(3). (5) If a gas/solid reactor(s) is used to comply with the standard, you must establish as an operating limit the pressure drop across the media beds and conduct weekly sampling and analysis of the media. Determine the maximum gas/solid reactor pressure drop using the procedures described in § 63.365(e)(4). (e) Other control technology for facility where EtO use is less than 100 lb/yr. (1) Identification of the specific parameters you propose to use as additional operating limits; (2) A discussion of the relationship between these parameters and emissions of regulated pollutants, identifying how emissions of regulated pollutants change with changes in these parameters and how limits on these parameters will serve to limit emissions of regulated pollutants; (3) A discussion of how you will establish the upper and/or lower values which will establish the operating limits for these parameters; (4) A discussion identifying the methods you will use to measure and the instruments you will use to monitor these parameters, as well as the relative accuracy and precision of these methods and instruments; and (5) A discussion identifying the frequency and methods for recalibrating the instruments you will use for monitoring these parameters. (f) Other emission streams. (1) You must comply with paragraph (c) of this section, as applicable. (2) If you are complying with a percent emission reduction standard as specified in tables 1 through 5 to this subpart, you must determine compliance with § 63.362(c) through (g), as applicable, using the test methods and procedures in § 63.365(d)(1). (3) If you are required to operate any portion of the facility under PTE, you must initially demonstrate that the PTE meets the requirements of Method 204 of 40 CFR part 51, appendix M, and that all exhaust gases from the enclosure are delivered to a control system or stack(s). You must also meet the requirements in § 63.363(f)(3)(i) and either § 63.363(f)(3)(ii) or (iii): (i) Maintain direction of the airflow into the enclosure at all times, verifying daily using the procedures described in § 63.364(f)(5) and meet either of the requirements. (ii) Establish as an operating limit the minimum volumetric flow rate through the affected stack(s) (iii) Install, operate, calibrate, and maintain a continuous pressure differential monitoring system using the procedures described in § 63.364(f)(4). § 63.364 Monitoring requirements. (a) General requirements. (2) If you own or operate an affected source at a facility where EtO use is less than 100 lb/yr that is subject to an emission standard in § 63.362, you may monitor the parameters specified in paragraphs (b), (c), (d), (e), (g), and (i) of this section. All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system. (3) If you own or operate an affected source that is subject to an emission standard in § 63.362 and that is required to monitor using EtO CEMS, you must comply with paragraphs (f), (g), and (i) of this section. (4) If you comply with the management practice for Group 2 room air emissions at area sources, you must comply with paragraph (h) of this section. (5) You must keep the written procedures required by § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., (b) Acid-water scrubbers. (1) Ethylene glycol concentration. (2) Scrubber liquor tank level. i.e., (3) pH. i.e., (i) The pH sensor must be installed in a position that provides a representative measurement of scrubber liquor pH; (ii) The sample must be properly mixed and representative of the fluid to be measured; and (iii) A performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system must be conducted in accordance with your monitoring plan at the time of each performance test but no less frequently than quarterly. (c) Oxidizers. (1) For thermal oxidizers, you must monitor and record at least every 15 minutes the temperature in or immediately downstream of the firebox using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the thermal oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature value, rolled hourly. This must be done by first averaging the temperature readings over a clock hour, i.e., (2) For catalytic oxidizers, you must monitor and record at least every 15 minutes the temperature at the inlet to the catalyst bed using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the catalytic oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature, rolled hourly. This must be done by first averaging the temperature readings over a clock hour, i.e., (3) For catalytic oxidizers, you must monitor and record at least every 15 minutes the temperature increase across the catalyst bed, immediately downstream of the catalytic bed, using the temperature monitor described in paragraph (c)(4) of this section. Monitoring is required when the catalytic oxidizer is operating. A data acquisition system for the temperature monitor shall compute and record each 3-hour average temperature increase, rolled hourly. This must be done by first computing the difference in outlet temperature minus inlet temperature (monitored under paragraph (c)(2)), and second averaging the temperature difference values over a clock hour, i.e., (4) You must install, calibrate, operate, and maintain a temperature monitor with a minimum accuracy of ±1 percent over the normal range of the temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. You must verify the accuracy of the temperature monitor twice each calendar year at least five months apart with a reference temperature monitor (traceable to National Institute of Standards and Technology (NIST) standards or an independent temperature measurement device dedicated for this purpose). During accuracy checking, the probe of the reference device shall be at the same location as that of the temperature monitor being tested. As an alternative, the accuracy of the temperature monitor may be verified in a calibrated oven (traceable to NIST standards). (5) For catalytic oxidizers, if the monitor indicates that the temperature is below the operating limit, within 7 calendar days you must: (i) Correct the temperature or temperature increase so that it falls within the established operating range; or (ii) Replace the catalyst bed. Following replacement of the catalyst bed, you must conduct a new performance test within 180 days and re-establish the operating limits. (d) Gas-solid reactors. (1) Media analysis. (2) Pressure drop. i.e., (e) Performance testing, other control technology. (f) EtO CEMS configurations. (1) EtO CEMS inlet configuration. (i) SCVs. (A) Determine the mass (M SCV,n 1 2 ( 1 c Where: M SCV,n M charge %EO w ( 2 m SCV,n Where: M SCV,n Q m T n %EO v n = number of EtO charges MW SV (B) Determine the adjustment factor ( f I, I, Where: f I M Fac Where: I M c,i i.e., c,i 30day i = Non-SCV emission stream index. n = Total number of non-SCV emission streams. (C)( 1 Where: M SCV f M SCV,n n ( 2 (ii) Room air emissions. (2) EtO CEMS on exhaust configurations. (i) Single unit-single stack configurations. (ii) Unit utilizing common stack with other emission source(s). (A) Install the required CEMS in the duct from each emission source, leading to the common stack; or (B) Install the required CEMS in the common stack. (iii) Unit(s) utilizing common stack with non-commercial sterilization emission source(s). ( 1 ( 2 (B) If you choose the common stack monitoring option: ( 1 ( 2 (iv) Unit with multiple parallel control devices with multiple stacks. (A) Calculate the pollutant emission rate at each stack or duct for each hour in which valid data are obtained for all parameters; (B) Multiply each calculated hourly pollutant emission rate at each stack or duct by the corresponding hourly gas flow rate at that stack or duct; (C) Sum the products determined under paragraph (f)(2)(iv)(B) of this section; and (D) Divide the result obtained in paragraph (f)(2)(I(C) of this section by the total hourly gas flow rate for the unit, summed across all of the stacks or ducts. (g) PTE monitoring. (1) Initial compliance. (2) Continuous compliance. i.e., (3) Continuous flow rate monitoring system for PTE. (i) You must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. (ii) The flow rate monitoring system must be designed to measure the exhaust flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust flow rate. (iii) The flow rate monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (g)(3)(ii) of this section. (iv) The signal conditioner, wiring, power supply, and data acquisition and recording system for the flow rate monitoring system must be compatible with the output signal of the flow rate sensors used in the monitoring system. (v) The flow rate monitoring system must be designed to complete a minimum of one cycle of operation for each successive 15-minute period. (vi) The flow rate sensor must have provisions to determine the daily zero and upscale calibration drift (CD) ( see (A) Conduct the CD tests at two reference signal levels, zero ( e.g., e.g., (B) The absolute value of the difference between the flow monitor response and the reference signal must be equal to or less than 3 percent of the flow monitor span. (vii) You must perform an initial relative accuracy test of the flow rate monitoring system according to section 8.2 of Performance Specification 6 of appendix B to part 60 of the chapter with the exceptions in paragraphs (g)(3)(vii)(A) and (B) of this section. (A) The relative accuracy test is to evaluate the flow rate monitoring system alone rather than a continuous emission rate monitoring system. (B) The relative accuracy of the flow rate monitoring system shall be no greater than 10 percent of the mean value of the reference method data. (viii) You must verify the accuracy of the flow rate monitoring system at least once per year by repeating the relative accuracy test specified in paragraph (g)(3)(vii) of this section. (ix) You must operate the flow rate monitoring system and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction. (4) Pressure differential monitor. (i) This monitoring system must measure the pressure differential between the interior and exterior of the PTE, with at least one monitoring device located in each room that borders the PTE. These monitoring devices shall be designed to provide measurements of pressure differential to at least the nearest 0.001 inches of water and having a complete cycle time no greater than 5 minutes. (ii) A data acquisition system for the monitoring system shall compute and record each 3-hour average pressure differential value, rolled hourly. This must be done by first averaging the pressure differential readings over a clock hour, i.e., (h) Sterilization chamber end-cycle EtO concentration. (1) If you choose a parametric approach for determining chamber EtO concentrations you must document parameter(s) used in the calculation to determine of EtO concentrations and the calculation(s) used to determine the chamber concentration. Any instrumentation used for parametric monitoring must also be identified in the monitoring plan and at a minimum this plan should include the following for each instrument: (i) Parameter measured and measurement principle of the monitor. (ii) Instrument name, model number, serial number, and range. (iii) Manufacturer recommended operation practices, including daily operational check. (iv) Procedures for calibration, the frequency of calibration, and accuracy requirements of the calibration. (v) Description for how the information from the parameter monitor is being collected and stored. (2) If you choose a direct measurement approach for determining chamber EtO calibrations you must document the procedures used for the operation of the instruments. Any instrument used for direct measurement of EtO must be identified in the monitoring plan and at a minimum this plan must include the following information: (i) Instrument name, model number, serial number, and range. (ii) Description of the measurement principle and any potential interferences. (iii) If applicable, the description of the sampling condition system. (iv) Procedures for calibration, the frequency of calibration, and accuracy requirements of the calibration. (v) Description for how the information from the parameter monitor is being collected and stored. (i) EtO usage. (1) Monitor and record on a daily basis, the daily total mass of ethylene oxide, in pounds, used at the facility. The daily total mass must be determined using the methodology specified in § 63.365(c)(1)(i) and (ii). (2) Determine and record daily the 30-operating day rolling ethylene oxide usage rate using equation 6 to this paragraph. Where: M Fac m Fac,i i, i = Operating day index. (3) Determine and record the total mass of EtO used in each calendar month. § 63.365 Test methods and procedures. (a) General Performance testing for facility where EtO use is less than 100 pounds per year. (2) Facilities subject to capture efficiency. (b) Test methods for facility where EtO use is less than 100 pounds per year. APCD, i APCD, o (1) Select the location of the sampling ports and the number of traverse points according to Method 1 of appendix A-1 to part 60 of this chapter. Alternatively, for ducts less than 0.3 meter (12 in.) in diameter, you may choose to locate sample ports according to Method 1A of appendix A-1 to part 60 of this chapter. (2) Determine the flow rate through the control system exhaust(s) continuously during the test period according to either Methods 2, 2A, or 2C of appendix A-1 to part 60 of this chapter, as appropriate. If using Method 2, 2A, or 2C, you must complete velocity traverses immediately before and subsequently after each test run. If your test run is greater than 1 hour, you must also complete a velocity traverse at least every hour. Average the velocity collected during a test run and calculate volumetric flow as outlined in the appropriate method. (3) Determine the oxygen and carbon dioxide concentration of the effluent according to Method 3A or 3B of appendix A-2 to part 60 of this chapter. The manual procedures (but not instrumental procedures) of voluntary consensus standard ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) may be used as an alternative to EPA Method 3B. (4) Determine the moisture content of the stack gas according to Method 4 of appendix A-3 to part 60 of this chapter. Alternatively, you may use an on-line technique that has been validated using Method 301 of appendix A to this part. (5) Determine the EtO concentration according to either paragraph (b)(5)(i) or (ii) of this section. (i) Follow Method 320 of appendix A to this part and the following paragraphs (5)(i)(A) through (D). (A) The instrumentation used for measurement must have the measurement range to properly quantify the EtO in the gas stream. Additionally, for outlet emission streams, the instrumentation must have a method detection limit an order of magnitude below concentration equivalent of the emission limit. (B) Instrumentation used must be continuous in nature with an averaging time of one minute or less. (C) Calibration Spectra and all other analyte spiking required in the method must use EtO gaseous cylinder standard(s) which meet the criteria found in Performance Specification 19 of appendix B to part 60 if this chapter. (D) Other methods and materials may be used; however, these alternative test methods are subject to Administrator approval. (ii) Alternatively, ASTM D6348-12 (Reapproved 2020), (incorporated by reference, see § 63.14) may be used with the following conditions: (A) The test plan preparation and implementation in the Annexes to ASTM D 6348-12 (R2020), Sections A1 through A8 are mandatory; and (B) In ASTM D6348-12 (R2020) Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (equation A5.5). In order for the test data to be acceptable for a compound, %R must be 70% ≥ R ≤ 130%. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte ( i.e., (6) Calculate the mass emission of EtO by using equations 2 and 3 to this paragraph: Where: M APCD, i C EtO,i Qi = average inlet volumetric flow per hour at standard conditions, dscf/hr 44.05 = molecular weight (MW) of EtO, lb/lb-mole MW/385.1 × 10 6 E APCD, o C EtO,o Q o MW/385.1 × 10 9 (c) Alternative approach for SCVs for facility where EtO use is less than 100 pounds per year. (1) Determine the mass (M SCV,n (i) Weigh the EtO gas cylinder(s) used to charge the sterilizer(s) before and after charging. Record these weights to the nearest 45 g (0.1 lb) and calculate the theoretical mass (M SCV,n Where: M SCV,n M charge %E.O. w (ii) Install a calibrated rate meter at the sterilizer inlet(s) and continuously measure the flow rate (Q m SCV,n Where: M SCV,n Q m T n n %E.O. v MW SV (2) Determine the mass rate of EtO sent to controls during the performance test using equation 6 to this paragraph. Where: M SCV M SCV,n T t n f (d) Compliance determination for facility where EtO use is less than 100 pounds per year. (1) You may determine the mass rate emissions of the stream prior to the control system and at the outlet of the control system using the test methods in paragraph (b) of this section. If the vent stream is comprised only of one or more SCVs, then you may use the procedures in paragraph (c) of this section for the mass rate emissions at the inlet. (2) Calculate the total mass of EtO per hour that is routed to the control system by summing the mass of EtO per hour from each vent. (3) Determine percent emission reduction (%ER) using the equation 7 to this paragraph: Where: % ER = percent emission reduction M APCD,i E APCD,o (4) Repeat these procedures two additional times. The arithmetic average percent efficiency of the three runs shall determine the overall efficiency of the control system. (e) Determination of operating limits for control device(s). (1) Acid-water scrubbers. (i) Ethylene glycol concentration. (ii) Scrubber liquor tank level. 1/4 (iii) Scrubber liquor pH. (2) Thermal oxidizers. (i) During the performance test, you must monitor and record the temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox. You must use temperature monitors as described in § 63.364(c)(4). (ii) Use the data collected during the performance test to calculate and record the average temperature for each test run maintained during the performance test. The average temperature of the test runs is the minimum operating limit for your thermal oxidizer, unless it exceeds the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. If this occurs, the minimum operating limit for your thermal oxidizer consists of the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. (iii) Paragraphs (e)(2)(i) and (ii) of this section must be completed for each thermal oxidizer that is involved in the performance test. (3) Catalytic oxidizers. (i) Prior to the start of the performance test, you must check the catalyst bed for channeling, abrasion, and settling. If problems are found during the inspection, you must replace the catalyst bed or take other correction action consistent with the manufacturer's recommendations. (ii) During the performance test, you must monitor and record the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. You must use temperature monitors as described in § 63.364(c)(4). (iii) Use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed maintained for each test run, and then calculate the arithmetic averages of the test runs. These arithmetic averages of the test runs are the minimum operating limits for your catalytic oxidizer, unless it exceeds the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. If this occurs, the minimum operating limit for your catalytic oxidizer consists of the recommended maximum oxidation temperature provided by the oxidation unit manufacturer. (iv) Paragraphs (e)(3)(i) through (iii) of this section must be completed for each catalytic oxidizer that is involved in the performance test. (4) Gas/solid reactors. (5) Other control system for facility where EtO use is less than 100 pounds per year. (f) Determination of compliance with PTE requirement. (1) Determine the capture efficiency by verifying the capture system meets the criteria in section 6 of Method 204 of appendix M to part 51 of this chapter and directs all the exhaust gases from the enclosure to an add-on control device. (2) Ensure that the air passing through all NDOs flows into the enclosure continuously. If the facial velocities (FVs) are less than or equal to 9,000 meters per hour (492 feet per minute), the continuous inward flow of air shall be verified by continuous observation using smoke tubes, streamers, tracer gases, or other means approved by the Administrator over the period that the volumetric flow rate tests required to determine FVs are carried out. If the FVs are greater than 9,000 meters per hour (492 feet per minute), the direction of airflow through the NDOs shall be presumed to be inward at all times without verification. (3) If you are demonstrating continuous compliance through monitoring the volumetric flow rate, you must monitor and record the volumetric flow rate (in cubic feet per second) from the PTE through the stack(s) at least once every 15 minutes during each of the three test runs. Use the data collected during the most recent compliance demonstration to calculate the average volumetric flow rate measured during the compliance demonstration. This volumetric flow rate is the minimum operating limit for the stack. Repeat this procedure for every stack that is included in the compliance demonstration. § 63.366 Reporting requirements. (a) General requirements. (b) Initial compliance report submission. https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) The following information: (i) Date that facility commenced construction or reconstruction; (ii) Hours of commercial sterilization operation over the previous 12 months; and (iii) Monthly EtO use, in tons, over the previous 36 months. (iv) If you are electing to determine the mass of EtO sent to the control device from the SCV(s) via the procedure in § 63.364(f)(1)(i), you must report the daily EtO use from each applicable chamber for the previous 7 months. (v) An indication if you are required to comply with one or more combined emission stream limitations. If so, indicate the affected sources that are included in each combined emission stream limitation. (vi) An indication if you are electing to comply with a site-wide emission limit. If you are electing to comply with a site-wide emission limit, report the daily EtO use over the previous 7 months. (2) If your sterilization facility is demonstrating continuous compliance through periodic performance testing, you must report the following: (i) Control system ID; (ii) Control device ID; (iii) Control device type; and (iv) Recirculation tank ID if an acid-water scrubber is used to meet the emission standard and you elect to comply with the maximum scrubber liquor height limit; (3) You must report the following for each sterilization chamber at your facility: (i) The sterilization chamber ID; (ii) The ID of the control system that the SCV was routed to, if applicable; (iii) The portion of SCV exhaust that was routed to the control system, if applicable; (iv) The ID of the EtO CEMS that was used to monitor SCV emissions, if applicable; (v) The portion of SCV exhaust that was monitored with the EtO CEMS, if applicable; (vi) The ID of the control system that the CEV was routed to, if applicable; (vii) The portion of CEV exhaust that was routed to the control system, if applicable; (viii) The ID of the EtO CEMS that was used to monitor CEV emissions, if applicable; (ix) The portion of CEV exhaust that was monitored with the EtO CEMS, if applicable; (4) If emissions from any room in your facility are subject to an emission standard, you must report the following for each room where there is the potential for EtO emissions: (i) Room ID; (ii) Documentation of emissions occurring within the room, including aeration, EtO storage, EtO dispensing, pre-aeration handling of sterilized material, and post-aeration handling of sterilized material; (iii) The ID of the control system that the room air was routed to, if applicable; (iv) The portion of room air that was routed to the control system, if applicable; (v) The ID of the EtO CEMS that was used to monitor room air emissions, if applicable; (vi) The portion of room air that was monitored with the EtO CEMS, if applicable; (5) If an EtO CEMS was used to demonstrate continuous compliance with an emission standard for more than 30-operating days, you must report the following: (i) The information specified in section 11 of appendix A to this subpart. (ii) The affected sources that are included in each inlet that is being monitored with EtO CEMS; (iii) The IDs of each inlet(s) to and outlet(s) from each control system. (iv) The daily sum of EtO for each inlet, along with 30-operating day rolling sums. (v) The daily sum of EtO emissions from each outlet of the control system, along with 30-operating day rolling sums. (vi) For each day, calculate and report the daily mass emission limit that the control system must achieve based on the previous 30 days of data. For control systems with multiple emission streams, and complying with a combined emission stream limitation in § 63.362(i) or a SWEL in § 63.362(j), report the daily 30-operating day mass emission limit as determined in accordance with CES in § 63.362(i)(1)(i) and (i)(2)(i) or with § 63.362(j)(1)(i) and (j)(2)(i), as applicable. (vii) For each day, the mass of EtO emitted from the control system over the previous 30 operating days. (6) If any portion of your facility is required to be operated with PTE, you must report the following: (i) If you are choosing to demonstrate continuous compliance through the use of volumetric flow rate monitoring, you must report the 3-hr rolling average, rolled hourly volumetric flow from each outlet where air from the PTE is sent, in cubic feet per second. (ii) If you are choosing to demonstrate continuous compliance through use of differential pressure monitoring, you must report the 3-hr rolling average, rolled hourly pressure differential reading, in inches water. (7) If you are complying with the requirement to follow the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door, you must provide a certification from your responsible official that this approach is being followed and you are meeting the monitoring requirements at § 63.362(h). (8) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you must report the following for each room where there are Group 2 room air emissions: (i) Room ID; (ii) Number of room air changes per hour; (iii) Room temperature, in degrees Celsius; and (iv) EtO concentration, in ppmv dry basis (ppbvd). (9) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and EtO use is less than 4 tpy, you are not required to report the information in paragraph (b)(8) of this section if you meet the following requirements: (i) You are complying with the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door; and (ii) The requirements of § 63.363 are met. (10) Report the number of deviations to meet an applicable standard. For each instance, report the date, time, the cause and duration of each deviation. For each deviation the report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to determine the emissions. (c) Quarterly compliance report submission. https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) The information listed in paragraphs (b)(1)(i) through (vi) of this section, with the exception that monthly EtO use, in tons, only needs reported for the previous 12 months; (2) If your sterilization facility is demonstrating continuous compliance through periodic performance testing, you must report the ID for any control system that has not operated since the end of the period covered by the previous compliance report. If a control system has commenced operation since end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(2)(i) through (iv) of this section has changed for a control system that was included in the previous compliance report, you must report the information in paragraphs (b)(2)(i) through (iv) of this section for those control systems; (3) You must report the ID for any sterilization chamber that has not operated since then end of the period covered by the previous compliance report. If a sterilization chamber has commenced operation since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(3)(i) through (ix) of this section has changed for a sterilization chamber that was included in the previous compliance report, you must report the information in paragraphs (b)(3)(i) through (ix) of this section for those sterilization chambers; (4) If emissions from any room in your facility are subject to an emission standard, you must report the ID for any room where there has not been the potential for EtO emissions since the end of the period covered by the previous compliance report. If a room has had the potential for EtO emissions since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(4)(i) through (vi) of this section has changed for a room where there is the potential for EtO emissions that was included in the previous compliance report, you must report the information in paragraphs (b)(4)(i) through (vi) of this section for those rooms; (5) If an EtO CEMS was used to demonstrate continuous compliance, you must report the information specified in paragraphs (b)(5)(i) through (vi) of this section. (6) If any portion of your facility is required to be operated with PTE, you must report the information listed in paragraph (b)(6) of this section. (7) If you are complying with the requirement to follow the best management practice to limit sterilization chamber concentration of EtO to 1 ppmv prior to opening the sterilization chamber door, you must provide a certification from your responsible official that this approach is being followed and you are meeting the monitoring requirements at § 63.362(h). (8) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you must report the ID for any room where Group 2 room air emissions have ceased since end of the period covered by the previous compliance report. If a room has had Group 2 room air emissions since the end of the period covered by the previous compliance report, or if any of the information in paragraphs (b)(8)(i) through (iv) of this section has changed for a room where there are Group 2 room air emissions that were included in the previous compliance report, you must report the information in paragraphs (b)(8)(i) through (iv) of this section for each room where there are Group 2 room air emissions. (9) If you own or operate an existing collection of Group 2 room air emissions at an area source facility and facility EtO use is less than 4 tpy, you are not required to report the information in paragraph (c)(8) of this section if you meet the requirements in paragraph (b)(9) of this section. (10) Report the number of deviations to meet an applicable standard. For each instance, report the date, time, the cause, and duration of each deviation. For each deviation, the report must include a list of the affected sources or equipment, the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to determine the emissions. (d) Construction and reconstruction application. (1) Applicability. (ii) After April 5, 2024, the requirements in this section and in § 63.5 apply to owners or operators who construct a new facility or reconstruct a facility subject to these emissions standards after April 5, 2024. New or reconstructed facilities subject to these emissions standards with an initial startup date before the effective date are not subject to the preconstruction review requirements specified in paragraphs (b)(2) and (3) of this section and § 63.5(d)(3) and (4) and (e). (2) Advance approval. (3) Application for approval of construction or reconstruction. (i) General application requirements. (B) A separate application shall be submitted for each construction or reconstruction. Each application for approval of construction or reconstruction shall include at a minimum: ( 1 ( 2 ( 3 i.e., ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (C) An owner or operator who submits estimates or preliminary information in place of the actual emissions data and analysis required in paragraphs (b)(3)(i)(B)( 8 (ii) Application for approval of construction. (4) Approval of construction or reconstruction based on prior jurisdictional authority preconstruction review. (A) The owner or operator of the new or reconstructed facility subject to these emissions standards has undergone a preconstruction review and approval process in the jurisdictional authority in which the facility is (or would be) located before the effective date and has received a federally enforceable construction permit that contains a finding that the facility will meet these emissions standards as proposed, if the facility is properly built and operated; (B) In making its finding, the jurisdictional authority has considered factors substantially equivalent to those specified in § 63.5(e)(1). (ii) The owner or operator shall submit to the Administrator the request for approval of construction or reconstruction no later than the application deadline specified in paragraph (b)(3)(i) of this section. The owner or operator shall include in the request information sufficient for the Administrator's determination. The Administrator will evaluate the owner or operator's request in accordance with the procedures specified in § 63.5. The Administrator may request additional relevant information after the submittal of a request for approval of construction or reconstruction. (e) Notification requirements. (1) Initial notifications. (ii) The owner or operator of a new or reconstructed facility subject to these emissions standards that has an initial startup date after the effective date and for which an application for approval of construction or reconstruction is required under paragraph (d)(3) of this section and § 63.5(d)(3) and (4) shall provide the following information in writing to the Administrator: (A) A notification of intention to construct a new facility subject to these emissions standards, reconstruct a facility subject to these emissions standards, or reconstruct a facility such that the facility becomes a facility subject to these emissions standards with the application for approval of construction or reconstruction as specified in paragraph (d)(3)(i)(A) of this section; (B) A notification of the date when construction or reconstruction was commenced, submitted simultaneously with the application for approval of construction or reconstruction, if construction or reconstruction was commenced before the effective date of these standards; (C) A notification of the date when construction or reconstruction was commenced, delivered or postmarked no later than 30 days after such date, if construction or reconstruction was commenced after the effective date of these standards; (D) A notification of the anticipated date of startup of the facility, delivered or postmarked not more than 60 days nor less than 30 days before such date; and (E) A notification of the actual date of initial startup of the facility, delivered or postmarked within 15 calendar days after that date. (iii) After the effective date, whether or not an approved permit program is effective in the jurisdictional authority in which a facility subject to these emissions standards is (or would be) located, an owner or operator who intends to construct a new facility subject to these emissions standards or reconstruct a facility subject to these emissions standards, or reconstruct a facility such that it becomes a facility subject to these emissions standards, shall notify the Administrator in writing of the intended construction or reconstruction. The notification shall be submitted as soon as practicable before the construction or reconstruction is planned to commence (but no sooner than the effective date of these standards) if the construction or reconstruction commences after the effective date of the standard. The notification shall be submitted as soon as practicable before the initial startup date but no later than 60 days after the effective date of this standard if the construction or reconstruction had commenced and the initial startup date has not occurred before the standard's effective date. The notification shall include all the information required for an application for approval of construction or reconstruction as specified in paragraph (d)(3) of this section and § 63.5(d)(3) and (4). For facilities subject to these emissions standards, the application for approval of construction or reconstruction may be used to fulfill the initial notification requirements of § 63.9. (2) If an owner or operator of a facility subject to these emissions standards submits estimates or preliminary information in the application for approval of construction or reconstruction required in paragraph (d)(3)(ii) of this section and § 63.5(d)(3), respectively, in place of the actual emissions data or control efficiencies required in paragraphs (d)(3)(i)(B)( 8 (3) If you own or operate an affected source subject to an emissions standard in § 63.362, you must also include the amount of EtO used at the facility during the previous consecutive 12-month period in the initial notification report required by § 63.9(b)(2) and (3). For new sterilization facilities subject to this subpart, the amount of EtO used at the facility shall be an estimate of expected use during the first consecutive 12-month period of operation. (4) Beginning October 7, 2024, you must submit all subsequent Notification of Compliance Status reports in PDF formatto the EPA following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Commercial Sterilization Sector Lead. (f) Performance test submission. (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. (3) CBI. (g) Performance evaluation submission. (1) Performance evaluations of CEMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (2) Performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (3) CBI. (h) Extensions for CDX/CEDRI outages. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (i) Extensions for force majeure events. force majeure force majeure, (1) You may submit a claim if a force majeure force majeure e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. § 63.367 Recordkeeping requirements. (a) If you own or operate an affected source subject to § 63.362, you must comply with the recordkeeping requirements in § 63.10(a) through (c), according to the applicability in table 6 to this subpart, and in this section. All records required to be maintained by this subpart or a subpart referenced by this subpart shall be maintained in such a manner that they can be readily accessed and are suitable for inspection. (b) You must maintain the previous five years of records specified in § 63.366(b) and (c), as applicable. (c) You must maintain the previous five years of records for compliance tests and associated data analysis, as applicable. (d) Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (e) If you are using an EtO CEMS to demonstrate continuous compliance, you must maintain the previous five years of records for all required certification and QA tests. (f) For each deviation from an emission limit, operating limit, or best management practice, you must keep a record of the information specified in paragraph (g)(1) through (4) of this section. The records shall be maintained as specified in § 63.10(b)(1). (1) The occurrence and duration of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment. (2) In the event that an affected unit does not meet an applicable standard, record the number of deviations. For each deviation, record the date, time, cause, and duration of each deviation. (3) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (4) Record actions taken to minimize emissions in accordance with § 63.362(k) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. § 63.368 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out whether implementation and enforcement of this subpart are delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.360 and 63.362. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. Table 1 to Subpart O of Part 63—Standards for SCVs As required in § 63.362(c), for each SCV, you must meet the applicable standard in the following table: For each . . . For which . . . You must . . . You must comply with the standard . . . 1. Existing SCV a. Facility EtO use is at least 10 tpy i. Continuously reduce EtO emissions by 99 percent 1 Until April 6, 2026. b. Facility EtO use is at least 1 tpy but less than 10 tpy i. Continuously reduce EtO emissions by 99 percent 1 Until April 6, 2026. ii. Continuously reduce EtO emissions by 99.8 percent 2 3 No later than April 6, 2026. c. Facility EtO use is at least 30 tpy i. Continuously reduce EtO emissions by 99.99 percent 2 3 No later than April 6, 2026. d. Facility EtO use is at least 10 tpy but less than 30 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 3 No later than April 6, 2026. e. Facility EtO use is less than 1 tpy i. Continuously reduce EtO emissions by 99 percent 2 4 No later than April 5, 2027. 2. New SCV a. Initial startup is on or before April 5, 2024, and facility EtO use is at least 30 tpy i. Continuously reduce EtO emissions by 99.99 percent 2 5 No later than April 5, 2024. b. Initial startup is on or before April 5, 2024, and facility EtO use is at least 10 tpy but less than 30 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 5 No later than April 5, 2024. c. Initial startup is on or before April 5, 2024, and facility EtO use is at least 1 tpy but less than 10 tpy i. Continuously reduce EtO emissions by 99.8 percent 2 5 No later than April 5, 2024. d. Initial startup is on or before April 5, 2024, and facility EtO use is less than 1 tpy i. Continuously reduce EtO emissions by 99 percent 2 6 No later than April 5, 2024. e. Initial startup is after April 5, 2024, and facility EtO use is at least 30 tpy i. Continuously reduce EtO emissions by 99.99 percent 2 5 Upon startup of the source. f. Initial startup is after April 5, 2024, and facility EtO use is at least 10 tpy but less than 30 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 5 Upon startup of the source. g. Initial startup is after April 5, 2024, and facility EtO use is at least 1 tpy but less than 10 tpy i. Continuously reduce EtO emissions by 99.8 percent 2 5 Upon startup of the source. h. Initial startup is after April 5, 2024, and facility EtO use is less than 1 tpy i. Continuously reduce EtO emissions by 99 percent 2 6 Upon startup of the source. 1 2 3 4 5 6 Table 2 to Subpart O of Part 63—Standards for ARVs As required in § 63.362(d), for each ARV, you must meet the applicable standard in the following table: For each . . . For which . . . You must . . . You must comply with the standard . . . 1. Existing ARV a. Facility EtO use is at least 10 tpy i. Continuously reduce EtO emissions by 99 percent 1 Until April 6, 2026. b. Facility EtO use is at least 30 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 3 No later than April 6, 2026. c. Facility EtO use is at least 10 tpy but less than 30 tpy i. Continuously reduce EtO emissions by 99.6 percent 2 3 No later than April 6, 2026. d. Facility EtO use is less than 10 tpy i. Continuously reduce EtO emissions by 99 percent 2 4 No later than April 5, 2027. 2. New ARV a. Initial startup is on or before April 5, 2024, and facility EtO use is at least 10 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 5 No later than April 5, 2024. b. Initial startup is on or before April 5, 2024, and facility EtO use is less than 10 tpy i. Continuously reduce EtO emissions by 99 percent 2 6 No later than April 5, 2024. c. Initial startup is after April 5, 2024, and facility EtO use is at least 10 tpy i. Continuously reduce EtO emissions by 99.9 percent 2 5 Upon startup of the source. d. Initial startup is after April 5, 2024, and facility EtO use is less than 10 tpy i. Continuously reduce EtO emissions by 99 percent 2 6 Upon startup of the source. 1 2 3 4 5 6 Table 3 to Subpart O of Part 63—Standards for CEVs As required in § 63.362(e), for each CEV, you must meet the applicable standard in the following table: For each . . . For which . . . You must . . . You must comply with the standard . . . 1. Existing CEV at a major source facility a. Not applicable i. Continuously reduce EtO emissions by 99.94 percent 1 No later than April 5, 2027. 2. Existing CEV at an area source facility a. Facility EtO use is at least 60 tpy i. Continuously reduce EtO emissions by 99.9 percent 1 2 No later than April 6, 2026. b. Facility EtO use is less than 60 tpy i. Continuously reduce EtO emissions by 99 percent 1 3 No later than April 5, 2027. 3. New CEV at a major source facility a. Initial startup is on or before April 5, 2024 i. Continuously reduce EtO emissions by 99.94 percent 1 No later than April 5, 2024. b. Initial startup is after April 5, 2024 i. Continuously reduce EtO emissions by 99.94 percent 1 Upon startup of the source. 4. New CEV at an area source facility a. Initial startup is on or before April 5, 2024, and facility EtO use is at least 60 tpy i. Continuously reduce EtO emissions by 99.9 percent 1 4 No later than April 5, 2024. b. Initial startup is on or before April 5, 2024, facility EtO use is less than 60 tpy i. Continuously reduce EtO emissions by 99 percent 1 5 No later than April 5, 2024. c. Initial startup is after April 5, 2024, and facility EtO use is at least 60 tpy i. Continuously reduce EtO emissions by 99.9 percent 1 4 Upon startup of the source. d. Initial startup is after April 5, 2024, facility EtO use is less than 60 tpy i. Continuously reduce EtO emissions by 99 percent 1 5 Upon startup of the source. 1 2 3 4 5 Table 4 to Subpart O of Part 63—Standards for Group 1 Room Air Emissions As required in § 63.362(f), for your collection of Group 1 room air emissions at each facility, you must meet the applicable standard in the following table: For each . . . For which . . . You must . . . You must comply with the requirement(s) . . . 1. Existing collection of Group 1 room air emissions at a major source facility a. Not applicable i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 No later than April 5, 2027. 2. Existing collection of Group 1 room air emissions at an area source facility a. Facility EtO use is at least 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 2 1 2 No later than April 6, 2026. b. Facility EtO use is less than 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 3 No later than April 5, 2027. 3. New collection of Group 1 room air emissions at a major source facility a. Initial startup is on or before April 5, 2024 i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 No later than April 5, 2024. b. Initial startup is after April 5, 2024 i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 Upon startup of the source. 4. New collection of Group 1 room air emissions at an area source facility a. Initial startup is on or before April 5, 2024, and facility EtO use is at least 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 4 1 4 No later than April 5, 2024. b. Initial startup is on or before April 5, 2024, and facility EtO use is less than 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 5 1 5 No later than April 5, 2024. c. Initial startup is after April 5, 2024, and facility EtO use is at least 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 4 1 4 Upon startup of the source. d. Initial startup is after April 5, 2024, and facility EtO use is less than 40 tpy i. Operate all areas of the facility that contain Group 1 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 5 1 5 Upon startup of the source. 1 2 3 4 5 Table 5 to Subpart O of Part 63—Standards for Group 2 Room Air Emissions As required in § 63.362(g), for your collection of Group 2 room air emissions, you must meet the applicable standard in the following table: For each . . . For which . . . You must . . . You must comply with the requirement(s) . . . 1. Existing collection of Group 2 room air emissions at a major source facility a. Not applicable i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 No later than April 5, 2027. 2. Existing collection of Group 2 room air emissions at an area source facility a. Facility EtO use is at least 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 2 1 2 No later than April 6, 2026. b. Facility EtO use is at least 4 tpy but less than 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 2 1 2 No later than April 6, 2026. c. Facility EtO use is less than 4 tpy Lower the EtO concentration within each sterilization chamber to 1 ppm before the chamber can be opened 3 No later than April 5, 2027. 3. New collection of Group 2 room air emissions at a major source facility a. Initial startup is on or before April 5, 2024 i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 No later than April 5, 2024. b. Initial startup is after April 5, 2024 i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. Also, 1 Upon startup of the source. 4. New collection of Group 2 room air emissions at an area source facility a. Initial startup is on or before April 5, 2024, and facility EtO use is at least 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 5 1 5 No later than April 5, 2024. b. Initial startup is on or before April 5, 2024, and facility EtO use is less than 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 6 1 6 No later than April 5, 2024. c. Initial startup is after April 5, 2024, and facility EtO use is at least 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 5 1 5 Upon startup of the source. d. Initial startup is after April 5, 2024, and facility EtO use is less than 20 tpy i. Operate all areas of the facility that contain Group 2 room air emissions with PTE, with all exhaust gas streams being captured and routed to a control system. 6 1 6 Upon startup of the source. 1 2 3 4 5 Table 6 to Subpart O of Part 63—Applicability of General Provisions to This Subpart As specified in § 63.360, the parts of the General Provisions that apply to you are shown in the following table: Citation Subject Applies to subpart O § 63.1(a)(1) Applicability Yes, additional terms defined in § 63.361; when overlap between subparts A and O occurs, subpart O takes precedence. § 63.1(a)(2)-(3) Yes. § 63.1(a)(4) Yes. Subpart O clarifies the applicability of each paragraph in subpart A to facilities subject to subpart O. § 63.1(a)(5) [Reserved] No. § 63.1(a)(6)-(8) Yes. § 63.1(a)(9) [Reserved] § 63.1(a)(10)-(14) Yes. § 63.1(b)(1)-(2) Yes. § 63.1(b)(3) No. § 63.1(c)(1) No. Subpart O clarifies the applicability of each paragraph in subpart A to facilities subject to subpart O in this table. § 63.1(c)(2) Yes. § 63.1(c)(3) [Reserved] No. § 63.1(c)(4) Yes. § 63.1(c)(5) No. § 63.360 specifies applicability. § 63.1(c)(6) Yes. § 63.1(d) [Reserved] No. § 63.1(e) Yes. § 63.2 Definitions Yes, additional terms defined in § 63.361; when overlap between subparts A and O occurs, subpart O takes precedence. § 63.3 Units and abbreviations Yes, other units used in subpart O are defined in the text of subpart O. § 63.4(a)(1)-(3) Prohibited activities Yes. § 63.5(a) Construction/Reconstruction No. § 63.366(b)(1) contains applicability requirements for constructed or reconstructed facilities. § 63.5(b)(1) Yes. § 63.5(b)(2) [Reserved] § 63.5(b)(3) No. See § 63.366(b)(2). § 63.5(b)(4)-(6) Yes. § 63.5(c) [Reserved] § 63.5(d)(1)-(2) No. See § 63.366(b)(3). § 63.5(d)(3)-(4) Yes. § 63.5(e) Yes. § 63.5(f)(1)-(2) No. See § 63.366(b)(4). § 63.6(a) Applicability Yes. § 63.6(b)-(c) No. § 63.360(j) specifies compliance dates for facilities. § 63.6(d) [Reserved] § 63.6(e)(1)(i) No. § 63.6(e)(1)(ii) Requirement to correct malfunctions ASAP No. § 63.6(e)(1)(iii) Yes. § 63.6(e)(2) [Reserved] No. § 63.6(e)(3) SSM Plan Requirements No. § 63.6(f)(1) SSM exemption No. § 63.6(f)(2)(i) Methods for Determining Compliance Yes. § 63.6(f)(2)(ii) No. § 63.363 specifies parameters for determining compliance. § 63.6(f)(2)(iii)-(iv) Yes. § 63.6(f)(2)(v) No. § 63.6(f)(3) Yes. § 63.6(g) Alternative Standard Yes. § 63.6(h) Compliance with opacity and visible emission standards No. Subpart O does not contain any opacity or visible emission standards. § 63.6(i)(1)-(14), and (16) Compliance Extension Yes. § 63.6(j) Presidential Compliance Exemption Yes. § 63.7(a) Applicability and Performance Test Dates Yes. § 63.7(b) Notification of Performance Test Yes. § 63.7(c) Quality Assurance/Test Plan Yes. § 63.7(d) Testing Facilities Yes. § 63.7(e)(1) SSM exemption No. § 63.7(e)(2)-(4) Conduct of Performance Tests Yes. § 63.365 also contains test methods specific to facilities subject to the emissions standards. § 63.7(f) Alternative Test Method Yes. § 63.7(g) Performance Test Data Analysis Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported. § 63.7(h) Waiver of Tests Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Yes. § 63.8(a)(2) Performance Specifications Yes. § 63.8(a)(3) [Reserved] No. § 63.8(a)(4) Monitoring with Flares Yes. § 63.8(b)(1) Monitoring Yes. § 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Yes. § 63.8(c)(1)(i) General duty to minimize emissions and CMS operation No. § 63.8(c)(1)(ii) No. A startup, shutdown, and malfunction plan is not required for these standards. § 63.8(c)(1)(iii) Requirement to develop SSM Plan for CMS No. § 63.8(c)(2)-(3) Yes. § 63.8(c)(4)-(5) No. Frequency of monitoring measurements is provided in § 63.364; opacity monitors are not required for these standards. § 63.8(c)(6) No. Performance specifications are contained in § 63.365. § 63.8(c)(7)(i)(A)-(B) No. Performance specifications are contained in § 63.365. § 63.8(c)(7)(i)(C) No. Opacity monitors are not required for these standards. § 63.8(c)(7)(ii) No. Performance specifications are contained in § 63.365. § 63.8(c)(8) No. § 63.8(d)(1)-(2) Yes. § 63.8(d)(3) Written procedures for CMS No. § 63.8(e)(1) CMS Performance Evaluation Yes, but only applies for CEMS, except this subpart specifies how and when the performance evaluation results are reported. § 63.8(e)(2) Yes. § 63.8(e)(3) Yes. § 63.8(e)(4) Yes. § 63.8(e)(5)(i) Yes. § 63.8(e)(5)(ii) No. Opacity monitors are not required for these standards. § 63.8(f)(1)-(5) Yes. § 63.8(f)(6) No. § 63.8(g)(1) Yes. § 63.8(g)(2) No. § 63.8(g)(3)-(5) Yes. § 63.9(a) Notification requirements Yes. § 63.9(b)(1)-(i) Yes. § 63.9(b)(1)(ii)-(iii) Initial Notifications No. § 63.366(c)(1)(i) contains language for facilities that increase usage such that the source becomes subject to the emissions standards. § 63.9(b)(2)-(3) Initial Notifications Yes. § 63.366(c)(3) contains additional information to be included in the initial report for existing and new facilities. § 63.9(b)(4)-(5) Initial Notifications No. § 63.366(c)(1)(ii) and (iii) contains requirements for new or reconstructed facilities subject to the emissions standards. § 63.9(c) Request for Compliance Extension Yes. § 63.9(d) Notification of Special Compliance Requirements for New Sources No. § 63.9(e) Notification of Performance Test Yes. § 63.9(f) Notification of VE/Opacity Test No. Opacity monitors are not required for these standards. § 63.9(g)(1) Additional Notifications When Using CMS Yes. § 63.9(g)(2)-(3) Additional Notifications When Using CMS No. Opacity monitors and relative accuracy testing are not required for these standards. § 63.9(h)(1)-(3) Notification of Compliance Status Yes, except § 63.9(h)(5) does not apply because § 63.366(c)(2) instructs facilities to submit actual data. § 63.9(i) Adjustment of Submittal Deadlines Yes. § 63.9(j) Change in previous information Yes. § 63.9(k) Electronic reporting procedures Yes, as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting Yes. § 63.10(b)(1) Recordkeeping/Reporting Yes. § 63.10(b)(2)(i) Recordkeeping for startup and shutdown No. See 63.367(f) for recordkeeping requirements. § 63.10(b)(2)(ii) Recordkeeping for SSM and failures to meet standards No. See 63.367(f) for recordkeeping requirements. § 63.10(b)(2)(iii) Records related to maintenance of air pollution control equipment Yes. § 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSM No. § 63.10(b)(2)(vi) CMS Records Yes. § 63.10(b)(2)(vii)-(ix) Records Yes. § 63.10(b)(2)(x)-(xi) CMS Records Yes. § 63.10(b)(2)(xii) Records Yes. § 63.10(b)(2)(xiii) Records Yes. § 63.10(b)(2)(xiv) Records Yes. § 63.10(b)(3) Records Yes. § 63.10(c)(1)-(14) Records Yes. § 63.10(c)(15) Use of SSM Plan No. § 63.10(d)(1) General Reporting Requirements Yes. § 63.10(d)(2) Report of Performance Test Results No. This subpart specifies how and when the performance test results are reported. § 63.10(d)(3) Reporting Opacity or VE Observations No. Subpart O does not contain opacity or visible emissions standards. § 63.10(d)(4) Progress Reports Yes. § 63.10(d)(5) SSM Reports No. See § 63.366 for malfunction reporting requirements. § 63.10(e)(1) Additional CEMS Reports Yes. § 63.10(e)(2)(i) Additional CMS Reports Yes, except this subpart specifies how and when the performance evaluation results are reported. § 63.10(e)(2)(ii) Additional COMS Reports No. Opacity monitors are not required for these standards. § 63.10(e)(3)(i)-(iv) Reports Yes. § 63.10(e)(3)(v) Excess Emissions Reports No. § 63.366(b) and (c) specify contents and submittal dates for excess emissions and monitoring system performance reports. § 63.10(e)(3)(vi)-(viii) Excess Emissions Report and Summary Report Yes. § 63.10(e)(4) Reporting COMS data No. Opacity monitors are not required for these standards. § 63.10(f) Waiver for Recordkeeping/Reporting Yes. § 63.11 Control device requirements for flares and work practice requirements for equipment leaks Yes. § 63.12 Delegation Yes. § 63.13 Addresses Yes. § 63.14 Incorporation by Reference Yes. § 63.15 Availability of Information Yes. Appendix A to Subpart O of Part 63—Monitoring Provisions for EtO CEMS 1. Applicability These monitoring provisions apply to the measurement of EtO emissions from commercial sterilization facilities, using CEMS. The CEMS must be capable of measuring EtO in lb/hr. 2. Monitoring of EtO Emissions 2.1 Monitoring System Installation Requirements. 2.2 Primary and Backup Monitoring Systems. i.e., 2.2.1 Redundant Backup Systems. 2.2.2 Non-redundant Backup Monitoring Systems. 2.2.3 Temporary Like-kind Replacement Analyzers. 2.2.4 Quality Assurance Requirements for Non-redundant Backup Monitoring Systems and Temporary Like-kind Replacement Analyzers. 2.2.4.1 When a certified non-redundant backup EtO CEMS or a temporary like-kind replacement EtO analyzer is brought into service, a calibration error test and a linearity check must be performed and passed. A single point system integrity check is also required. 2.2.4.2 Each non-redundant backup EtO CEMS or temporary like-kind replacement EtO analyzer shall comply with all required daily, weekly, and quarterly quality-assurance test requirements in section 5 of this appendix, for as long as the system or analyzer remains in service. 2.2.4.3 For the routine, on-going quality-assurance of a non-redundant backup EtO monitoring system, a relative accuracy test audit (RATA) must be performed and passed at least once every 8 calendar quarters at the unit or stack location(s) where the system will be used. 2.2.4.4 To use a non-redundant backup EtO monitoring system or a temporary like-kind replacement analyzer for more than 720 hours per year at a particular unit or stack location, a RATA must first be performed and passed at that location. 2.3 Monitoring System Equipment, Supplies, Definitions, and General Operation. The following provisions apply: 2.3.1 PS 19, Sections 3.0, 6.0, and 11.0 of appendix B to part 60 of this chapter. 3. Initial Certification Procedures The initial certification procedures for the EtO CEMS used to provide data under this subpart are as follows: 3.1 Your EtO CEMS must be certified according to PS 19, section(s) 13. 3.2 Any additional stack gas flow rate monitoring system(s) needed to express pollutant concentrations in lb/hr must be certified according to part 75 of this chapter. 4. Recertification Procedures Whenever the owner or operator makes a replacement, modification, or change to a certified CEMS that may significantly affect the ability of the system to accurately measure or record pollutant gas concentrations or stack gas flow rates, the owner or operator shall recertify the monitoring system. Furthermore, whenever the owner or operator makes a replacement, modification, or change to the flue gas handling system or the unit operation that may significantly change the concentration or flow profile, the owner or operator shall recertify the monitoring system. The same tests performed for the initial certification of the monitoring system shall be repeated for recertification, unless otherwise specified by the Administrator. Examples of changes that require recertification include: Replacement of a gas analyzer; complete monitoring system replacement, and changing the location or orientation of the sampling probe. 5. On-Going Quality Assurance Requirements On-going QA test requirements for EtO CEMS must be implemented as follows: 5.1 The quality assurance/quality control procedures in Procedure 7 of appendix F to part 60 of this chapter shall apply. 5.2 Stack gas flow rate, diluent gas, and moisture monitoring systems must meet the applicable ongoing QA test requirements of part 75 of this chapter. 5.2.1 Out-of-Control Periods. 5.2.2 Grace Periods. 5.2.2.1 For the flow rate monitoring systems described in section 5.1 of this appendix, a 168 unit or stack operating hour grace period is available for quarterly linearity checks, and a 720 unit or stack operating hour grace period is available for RATAs, as provided, respectively, in sections 2.2.4 and 2.3.3 of appendix B to part 75 of this chapter. 5.2.2.2 For the purposes of this appendix, if the deadline for a required gas audit or RATA of a EtO CEMS cannot be met due to circumstances beyond the control of the owner or operator: 5.2.2.2.1 A 168 unit or stack operating hour grace period is available in which to perform the gas audit; or 5.2.2.2.2 A 720 unit or stack operating hour grace period is available in which to perform the RATA. 5.2.2.3 If a required QA test is performed during a grace period, the deadline for the next test shall be determined as follows: 5.2.2.3.1 For the gas audit of an EtO CEMS, the grace period test only satisfies the audit requirement for the calendar quarter in which the test was originally due. If the calendar quarter in which the grace period audit is performed is a QA operating quarter, an additional gas audit is required for that quarter. 5.2.2.3.2 For the RATA of an EtO CEMS, the next RATA is due within three QA operating quarters after the calendar quarter in which the grace period test is performed. 5.2.3 Conditional Data Validation. i.e., 5.3 Data Validation. 5.3.1 Out-of-Control Periods. 5.3.2 Grace Periods. 5.3.2.1 For the monitoring systems described in section 5.1 of this appendix, a 168 unit or stack operating hour grace period is available for quarterly linearity checks, and a 720 unit or stack operating hour grace period is available for RATAs, as provided, respectively, in sections 2.2.4 and 2.3.3 of appendix B to part 75 of this chapter. 5.3.2.2 For the purposes of this appendix, if the deadline for a required gas audit/data accuracy assessment or RATA of an EtO CEMS cannot be met due to circumstances beyond the control of the owner or operator: 5.3.2.2.1 A 168 unit or stack operating hour grace period is available in which to perform the gas audit or other quarterly data accuracy assessment; or 5.3.2.2.2 A 720 unit or stack operating hour grace period is available in which to perform the RATA. 5.3.2.3 If a required QA test is performed during a grace period, the deadline for the next test shall be determined as follows: 5.3.2.3.1 For a gas audit or RATA of the monitoring systems described in sections 5.1 and 5.2 of this appendix, determine the deadline for the next gas audit or RATA (as applicable) in accordance with section 2.2.4(b) or 2.3.3(d) of appendix B to part 75 of this chapter; treat a gas audit in the same manner as a linearity check. 5.3.2.3.2 For the gas audit or other quarterly data accuracy assessment of an EtO CEMS, the grace period test only satisfies the audit requirement for the calendar quarter in which the test was originally due. If the calendar quarter in which the grace period audit is performed is a QA operating quarter, an additional gas audit/data accuracy assessment is required for that quarter. 5.3.2.3.3 For the RATA of an EtO CEMS, the next RATA is due within three QA operating quarters after the calendar quarter in which the grace period test is performed. 5.3.3 Conditional Data Validation. i.e., 6. Missing Data Requirements For the purposes of this appendix, the owner or operator of an affected unit shall not substitute for missing data from EtO CEMS. Any process operating hour for which quality-assured EtO concentration data are not obtained is counted as an hour of monitoring system downtime. 7. Bias Adjustment Bias adjustment of hourly emissions data from an EtO CEMS is not required. 8. QA/QC Program Requirements The owner or operator shall develop and implement a quality assurance/quality control (QA/QC) program for the EtO CEMS that are used to provide data under this subpart. At a minimum, the program shall include a written plan that describes in detail (or that refers to separate documents containing) complete, step-by-step procedures and operations for the most important QA/QC activities. Electronic storage of the QA/QC plan is permissible, provided that the information can be made available in hard copy to auditors and inspectors. The QA/QC program requirements for the other monitoring systems described in section 5.2 of this appendix are specified in section 1 of appendix B to part 75 of this chapter. 8.1 General Requirements for EtO CEMS. 8.1.1 Preventive Maintenance. 8.1.2 Recordkeeping and Reporting. 8.1.3 Maintenance Records. 8.2 Specific Requirements for EtO CEMS. 8.2.1 Keep a written record of the procedures used for each type of QA test required for each EtO CEMS. Explain how the results of each type of QA test are calculated and evaluated. 8.2.2 Explain how each component of the EtO CEMS will be adjusted to provide correct responses to calibration gases after routine maintenance, repairs, or corrective actions. 9. Data Reduction and Calculations 9.1 Design and operate the EtO CEMS to complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. 9.2 Reduce the EtO concentration data to hourly averages in accordance with § 60.13(h)(2) of this chapter. 9.3 Convert each hourly average EtO concentration to an EtO mass emission rate (lb/hr) using an equation that has the general form of equation A-1 of this appendix: Where: E ho K = Units conversion constant, 1.144E-10 lb/scf-ppbv, Ch = Hourly average EtO concentration, ppbv, Q h ( Note: 9.4 Use equation A-2 of this appendix to calculate the daily total EtO emissions. Report each daily total to the same precision as the most stringent standard that applies to any affected source exhausting to the emission stream ( e.g., Where: E day E ho 9.5 Use equation A-3 of this appendix to calculate the 30-operating day rolling total EtO emissions. Report each 30-operating day rolling total to the same precision as the most stringent standard that applies to any affected source exhausting to the emission stream ( e.g., Where: E 30day E day,i i i 10. Recordkeeping Requirements 10.1 For each EtO CEMS installed at an affected source, and for any other monitoring system(s) needed to convert pollutant concentrations to units of the applicable emissions limit, the owner or operator must maintain a file of all measurements, data, reports, and other information required by this appendix in a form suitable for inspection, for 5 years from the date of each record, in accordance with § 63.367. The file shall contain the information in paragraphs 10.1.1 through 10.1.8 of this section. 10.1.1 Monitoring Plan Records. i.e., 10.1.1.1 Updates. e.g., 10.1.1.2 Contents of the Monitoring Plan. 10.1.1.2.1 Electronic. i.e., 10.1.1.2.2 Hard Copy. 10.1.2 EtO Emissions Records. 10.1.2.1 The date and hour; 10.1.2.2 Monitoring system and component identification codes, as provided in the electronic monitoring plan, for each hour in which the CEMS provides a quality-assured value of EtO concentration (as applicable); 10.1.2.3 The pollutant concentration, for each hour in which a quality-assured value is obtained. Record the data in parts per billion by volume (ppbv), with one leading non-zero digit and one decimal place, expressed in scientific notation. Use the following rounding convention: If the digit immediately following the first decimal place is 5 or greater, round the first decimal place upward (increase it by one); if the digit immediately following the first decimal place is 4 or less, leave the first decimal place unchanged. 10.1.2.4 A special code, indicating whether or not a quality-assured EtO concentration value is obtained for the hour. This code may be entered manually when a temporary like-kind replacement EtO analyzer is used for reporting; and 10.1.2.5 Monitor data availability, as a percentage of unit or stack operating hours, calculated according to § 75.32 of this chapter. 10.1.3 Stack Gas Volumetric Flow Rate Records. 10.1.3.1 Hourly measurements of stack gas volumetric flow rate during unit operation are required to demonstrate compliance with EtO emission standards. 10.1.3.2 Use a flow rate monitor that meets the requirements of part 75 of this chapter to record the required data. You must keep hourly flow rate records, as specified in § 75.57(c)(2) of this chapter. 10.1.4 EtO Emission Rate Records. 10.1.4.1 The date and hour; 10.1.4.2 The hourly EtO emissions rate (lb/hr), for each hour in which valid values of EtO concentration and stack gas volumetric flow rate are obtained for the hour. Report each emission rate to the same precision as the most stringent standard that applies to any affected source exhausting to the emission stream ( e.g., 10.1.4.4 A code indicating that the EtO emission rate was not calculated for the hour, if valid data for EtO concentration and/or any of the other necessary parameters are not obtained for the hour. For the purposes of this appendix, the substitute data values required under part 75 of this chapter for stack gas flow rate are not considered to be valid data. 10.1.5 Certification and Quality Assurance Test Records. 10.1.5.1 EtO CEMS. 10.1.5.1.1 For each required 7-day and daily calibration drift (CD) test or daily calibration error test (including daily calibration transfer standard tests) of the EtO CEMS, record the test date(s) and time(s), reference gas value(s), monitor response(s), and calculated calibration drift or calibration error value(s). If you use the dynamic spiking option for the mid-level calibration drift check under PS 19, you must also record the measured concentration of the native EtO in the flue gas before and after the spike and the spiked gas dilution factor. 10.1.5.1.2 or each required RATA of an EtO CEMS, record the beginning and ending date and time of each test run, the reference method(s) used, and the reference method and EtO CEMS run values. Keep records of stratification tests performed (if any), all of the raw field data, relevant process operating data, and all of the calculations used to determine the relative accuracy. 10.1.5.1.3 For each required measurement error (ME) test of an EtO monitor, record the date and time of each gas injection, the reference gas concentration (low, mid, or high) and the monitor response for each of the three injections at each of the three levels. Also record the average monitor response and the ME at each gas level and the related calculations. 10.1.5.1.4 For each required level of detection (LOD) test of an EtO monitor performed in a controlled environment, record the test date, the concentrations of the reference gas and interference gases, the results of the seven (or more) consecutive measurements of EtO, the standard deviation, and the LOD value. For each required LOD test performed in the field, record the test date, the three measurements of the native source EtO concentration, the results of the three independent standard addition (SA) measurements known as standard addition response (SAR), the effective spike addition gas concentration, the resulting standard addition detection level (SADL) value and all related calculations. For extractive CEMS performing the SA using dynamic spiking, you must record the spiked gas dilution factor. 10.1.5.1.5 For each required ME/level of detection response time test of an EtO monitor, record the test date, the native EtO concentration of the flue gas, the reference gas value, the stable reference gas readings, the upscale/downscale start and end times, and the results of the upscale and downscale stages of the test. 10.1.5.1.6 For each required interference test of an EtO monitor, record (or obtain from the analyzer manufacturer records of): The date of the test; the gas volume/rate, temperature, and pressure used to conduct the test; the EtO concentration of the reference gas used; the concentrations of the interference test gases; the baseline EtO responses for each interferent combination spiked; and the total percent interference as a function of span or EtO concentration. 10.1.5.1.7 For each quarterly relative accuracy audit (RAA) of an EtO monitor, record the beginning and ending date and time of each test run, the reference method used, the EtO concentrations measured by the reference method and CEMS for each test run, the average concentrations measured by the reference method and the CEMS, and the calculated relative accuracy. Keep records of the raw field data, relevant process operating data, and the calculations used to determine the relative accuracy. 10.1.5.1.8 For each quarterly cylinder gas audit (CGA) of an EtO monitor, record the date and time of each injection, and the reference gas concentration (zero, mid, or high) and the monitor response for each injection. Also record the average monitor response and the calculated ME at each gas level. 10.1.5.1.9 For each quarterly dynamic spiking audit (DSA) of an EtO monitor, record the date and time of the zero gas injection and each spike injection, the results of the zero gas injection, the gas concentrations (mid and high) and the dilution factors and the monitor response for each of the six upscale injections as well as the corresponding native EtO concentrations measured before and after each injection. Also record the average dynamic spiking error for each of the upscale gases, the calculated average DSA Accuracy at each upscale gas concentration, and all calculations leading to the DSA Accuracy. 10.1.5.2 Additional Monitoring Systems. 11. Reporting Requirements 11.1 General Reporting Provisions. 11.1.1 Notifications, in accordance with paragraph 11.2 of this section; 11.1.2 Monitoring plan reporting, in accordance with paragraph 11.3 of this section; 11.1.3 Certification, recertification, and QA test submittals, in accordance with paragraph 11.4 of this section; and 11.1.4 Electronic quarterly report submittals, in accordance with paragraph 11.5 of this section. 11.2 Notifications. 11.3 Monitoring Plan Reporting. 11.3.1 For a sterilization facility that begins reporting hourly EtO concentrations with a previously certified CEMS, submit the monitoring plan information in section 10.1.1.2 of this appendix prior to or concurrent with the first required quarterly emissions report. For a new sterilization facility, submit the information in section 10.1.1.2 of this appendix at least 21 days prior to the start of initial certification testing of the CEMS. Also submit the monitoring plan information in § 75.53(g) of this chapter pertaining to any required flow rate monitoring systems within the applicable timeframe specified in this section, if the required records are not already in place. 11.3.2 Update the monitoring plan when required, as provided in paragraph 10.1.1.1 of this appendix. An electronic monitoring plan information update must be submitted either prior to or concurrent with the quarterly report for the calendar quarter in which the update is required. 11.3.3 All electronic monitoring plan submittals and updates shall be made to the Administrator using CEDRI. Hard copy portions of the monitoring plan shall be kept on record according to section 10.1 of this appendix. 11.4 Certification, Recertification, and Quality-Assurance Test Reporting Requirements. 11.4.1 For each daily CD (or calibration error) assessment (including daily calibration transfer standard tests), and for each seven-day calibration drift (CD) test of an EtO monitor, report: 11.4.1.1 Facility ID information; 11.4.1.2 The monitoring component ID; 11.4.1.3 The instrument span and span scale; 11.4.1.4 For each gas injection, the date and time, the calibration gas level (zero or high-level), the reference gas value (ppbv), and the monitor response (ppbv); 11.4.1.5 A flag to indicate whether dynamic spiking was used for the high-level value; 11.4.1.6 Calibration drift (percent of span or reference gas, as applicable); 11.4.1.7 When using the dynamic spiking option, the measured concentration of native EtO before and after each mid-level spike and the spiked gas dilution factor; and 11.4.1.8 Reason for test. 11.4.2 For each RATA of an EtO CEMS, report: 11.4.2.1 Facility ID information; 11.4.2.2 Monitoring system ID number; 11.4.2.3 Type of test ( i.e., 11.4.2.4 Reason for test; 11.4.2.5 The reference method used; 11.4.2.6 Starting and ending date and time for each test run; 11.4.2.7 Units of measure; 11.4.2.8 The measured reference method and CEMS values for each test run, on a consistent moisture basis, in appropriate units of measure; 11.4.2.9 Flags to indicate which test runs were used in the calculations; 11.4.2.10 Arithmetic mean of the CEMS values, of the reference method values, and of their differences; 11.4.2.11 Standard deviation, using equation 7 in section 12.6 of PS 19 in appendix B to part 60 of this chapter; 11.4.2.12 Confidence coefficient, using equation 8 in section 12.6 of PS 19 in appendix B to part 60 of this chapter; 11.4.2.13 t-value; and 11.4.2.14 Relative accuracy calculated using equation 11 in section 12.6 of PS 19 in appendix B to part 60 of this chapter. 11.4.3 For each measurement error (ME) test of an EtO monitor, report: 11.4.3.1 Facility ID information; 11.4.3.2 Monitoring component ID; 11.4.3.3 Instrument span and span scale; 11.4.3.4 For each gas injection, the date and time, the calibration gas level (zero, low, mid, or high), the reference gas value in ppbv and the monitor response. 11.4.3.5 For extractive CEMS, the mean reference value and mean of measured values at each reference gas level (ppbv). 11.4.3.6 ME at each reference gas level; and 11.4.3.7 Reason for test. 11.4.4 For each interference test of an EtO monitoring system, report: 11.4.4.1 Facility ID information; 11.4.4.2 Date of test; 11.4.4.3 Monitoring system ID; 11.4.4.4 Results of the test (pass or fail); 11.4.4.5 Reason for test; and 11.4.4.6 A flag to indicate whether the test was performed: On this particular monitoring system; on one of multiple systems of the same type; or by the manufacturer on a system with components of the same make and model(s) as this system. 11.4.5 For each LOD test of an EtO monitor, report: 11.4.5.1 Facility ID information; 11.4.5.2 Date of test; 11.4.5.3 Reason for test; 11.4.5.4 Monitoring system ID; 11.4.5.5 A code to indicate whether the test was done in a controlled environment or in the field; 11.4.5.6 EtO reference gas concentration; 11.4.5.7 EtO responses with interference gas (seven repetitions); 11.4.5.8 Standard deviation of EtO responses; 11.4.5.9 Effective spike addition gas concentrations; 11.4.5.10 EtO concentration measured without spike; 11.4.5.11 EtO concentration measured with spike; 11.4.5.12 Dilution factor for spike; 11.4.5.13 The controlled environment LOD value (ppbv or ppbv-meters); 11.4.5.14 The field determined standard addition detection level (SADL in ppbv or ppbv-meters); and 11.4.5.15 Result of LOD/SADL test (pass/fail). 11.4.6 For each ME or LOD response time test of an EtO monitor, report: 11.4.6.1 Facility ID information; 11.4.6.2 Date of test; 11.4.6.3 Monitoring component ID; 11.4.6.4 The higher of the upscale or downscale tests, in minutes; and 11.4.6.5 Reason for test. 11.4.7 For each quarterly RAA of an EtO monitor, report: 11.4.7.1 Facility ID information; 11.4.7.2 Monitoring system ID; 11.4.7.3 Begin and end time of each test run; 11.4.7.4 The reference method used; 11.4.7.5 The reference method and CEMS values for each test run, including the units of measure; 11.4.7.6 The mean reference method and CEMS values for the three test runs; 11.4.7.7 The calculated relative accuracy, percent; and 11.4.7.8 Reason for test. 11.4.8 For each quarterly cylinder gas audit of an EtO monitor, report: 11.4.8.1 Facility ID information; 11.4.8.2 Monitoring component ID; 11.4.8.3 Instrument span and span scale; 11.4.8.4 For each gas injection, the date and time, the reference gas level (zero, mid, or high), the reference gas value in ppbv, and the monitor response. 11.4.8.5 For extractive CEMS, the mean reference gas value and mean monitor response at each reference gas level (ppbv). 11.4.8.6 ME at each reference gas level; and 11.4.8.7 Reason for test. 11.4.9 For each quarterly DSA of an EtO monitor, report: 11.4.9.1 Facility ID information; 11.4.9.2 Monitoring component ID; 11.4.9.3 Instrument span and span scale; 11.4.9.4 For the zero gas injection, the date and time, and the monitor response (Note: The zero gas injection from a calibration drift check performed on the same day as the upscale spikes may be used for this purpose.); 11.4.9.5 Zero spike error; 11.4.9.6 For the upscale gas spiking, the date and time of each spike, the reference gas level (mid- or high-), the reference gas value (ppbv), the dilution factor, the native EtO concentrations before and after each spike, and the monitor response for each gas spike; 11.4.9.7 Upscale spike error; 11.4.9.8 DSA at the zero level and at each upscale gas level; and 11.4.9.9 Reason for test. 11.4.10 Reporting Requirements for Diluent Gas, Flow Rate, and Moisture Monitoring Systems. 11.5 Quarterly Reports. 11.5.1 The owner or operator of any affected unit shall use CEDRI to submit electronic quarterly reports to the Administrator in an XML format specified by the Administrator, for each affected unit (or group of units monitored at a common stack). If the certified EtO CEMS is used for the initial compliance demonstration, EtO emissions reporting shall begin with the first operating hour of the 30-operating day compliance demonstration period. Otherwise, EtO emissions reporting shall begin with the first operating hour after successfully completing all required certification tests of the CEMS. 11.5.2 The electronic reports must be submitted within 30 days following the end of each calendar quarter, except for units that have been placed in long-term cold storage. 11.5.3 Each electronic quarterly report shall include the following information: 11.5.3.1 The date of report generation; 11.5.3.2 Facility identification information; 11.5.3.3 The information in sections 10.1.2 through 10.1.4 of this appendix, as applicable to the type(s) of monitoring system(s) used to measure the pollutant concentrations and other necessary parameters. 11.5.3.4 The results of all daily calibrations (including calibration transfer standard tests) of the EtO monitor as described in section 10.1.8.1.1 of this appendix; and 11.5.3.5 If applicable, the results of all daily flow monitor interference checks, in accordance with section 10.1.8.2 of this appendix. 11.5.4 Compliance Certification. Subpart P [Reserved] Subpart Q—National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers Source: 59 FR 46350, Sept. 8, 1994, unless otherwise noted. § 63.400 Applicability. (a) The provisions of this subpart apply to all new and existing industrial process cooling towers that are operated with chromium-based water treatment chemicals and are either major sources or are integral parts of facilities that are major sources as defined in § 63.401. (b) Table 1 of this subpart specifies the provisions of subpart A that apply and those that do not apply to owners and operators of IPCT's subject to this subpart. [59 FR 46350, Sept. 8, 1994, as amended at 71 FR 17738, Apr. 7, 2006] § 63.401 Definitions. Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows: Chromium-based water treatment chemicals Commenced Compliance date Construction Cooling tower Effective date Existing IPCT Industrial process cooling tower, Initial startup Major source New IPCT Owner or operator Potential to emit Reconstruction Responsible official (1) For a corporation: a president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representative is approved in advance by the Administrator. (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively. (3) For a municipality, State, Federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the EPA). (4) For affected sources (as defined in this part) applying for or subject to a title V permit: “responsible official” shall have the same meaning as defined in part 70 of this chapter or Federal title V regulations (42 U.S.C. 7661), whichever is applicable. Water treatment chemicals § 63.402 Standard. No owner or operator of an IPCT shall use chromium-based water treatment chemicals in any affected IPCT. § 63.403 Compliance dates. The requirements of § 63.402 of this subpart shall be applied on the following schedule: (a) For existing IPCT's, the compliance date shall be 18 months after September 8, 1994. (b) For new IPCT's that have an initial startup before September 8, 1994, the compliance date shall be September 8, 1994. (c) For new IPCT's that have an initial startup on or after September 8, 1994, the compliance date shall be the date of the initial startup. § 63.404 Compliance demonstrations. No routine monitoring, sampling, or analysis is required. In accordance with section 114 of the Act, the Administrator or delegated authority can require cooling water sample analysis of an IPCT if there is information to indicate that the IPCT is not in compliance with the requirements of § 63.402 of this subpart. The owner or operator of an IPCT may demonstrate compliance through recordkeeping in accordance with paragraph (c) of this section in lieu of a water sample analysis. If cooling water sample analysis is required: (a) The water sample analysis shall be conducted in accordance with Method 7196, Chromium, Hexavalent (Colorimetric), contained in the Third Edition of “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication SW-846, (November 1986) and its Revision I, (December 1987), which are available for the cost of $110.00 from the Government Printing Office, Superintendent of Documents, Washington, DC 20402, (202) 783-3238 (document number 955-001-00000-1; or Method 3500-Cr D, Colorimetric Method, contained in the 18th Edition of “Standard Methods for the Examination of Water and Wastewaster” (1992), which is available from the American Public Health Association, 1015 15th Street, NW., Washington, DC 20005. These methods were approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be inspected as a part of Docket A-91-65, located at the Air and Radiation Docket and Information Center, room M1500, EPA Central Docket Section, 401 M St., SW., Washington, DC. Copies may be inspected at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. (b) On or after 3 months after the compliance date, a cooling water sample residual hexavalent chromium concentration equal to or less than 0.5 parts per million by weight shall indicate compliance with § 63.402. Alternatively, an owner or operator may demonstrate compliance through record keeping in accordance with paragraph (c). (c) To demonstrate compliance with § 63.402, in lieu of the water sample analysis provided for in paragraph (a) of this section, the owner or operator of each IPCT may maintain records of water treatment chemical purchases, including invoices and other documentation that includes invoices and other documentation that includes date(s) of purchase or shipment, trade name or other information to identify composition of the product, and quantity of the product. (d) Following a request, by the Administrator or delegated authority, under paragraph (a) for a water sample analysis, failure to either meet the concentration level specified in paragraph (b) or provide the records specified in paragraph (c) shall indicate a violation of § 63.402. [59 FR 46350, Sept. 8, 1994, as amended at 63 FR 39519, July 23, 1998; 69 FR 18803, Apr. 9, 2004] § 63.405 Notification requirements. (a) Initial notification. (i) The name and address of the IPCT owner or operator; (ii) The address (i.e., physical location) of the affected IPCT; (iii) A statement that the notification is being submitted as required by this subpart; and (iv) A description of the type of water treatment program used in the affected IPCT, including the chemical name of each corrosion inhibitor ingredient used; the average concentration of those corrosion inhibitor ingredients maintained in the cooling water; and the material safety data sheet for each water treatment chemical or chemical compound used in the IPCT. (2) In accordance with § 63.9(b) of subpart A, owners or operators of all affected IPCT's that have an initial startup on or after September 8, 1994, shall notify the Administrator in writing that the source is subject to the relevant standard no later than 12 months after initial startup or no later than 120 days after the source becomes subject to this subpart, whichever is later. The notification shall provide all the information required in paragraphs (a)(1)(i) through (iv) of this section. (b) Notification of compliance status. (2) The notification of compliance status must: (i) Be signed by a responsible official who also certifies the accuracy of the report; (ii) Certify that source has complied with § 63.402 of this subpart; and (iii) Include the information required in paragraph (a)(1)(iv) of this section. (iv) Include the following statement: I certify that no chromium-based water treatment chemicals have been introduced since (the initial compliance date) into any IPCT located within the facility for any purpose. [59 FR 46350, Sept. 8, 1994, as amended at 85 FR 73889, Nov. 19, 2020] § 63.406 Recordkeeping and reporting requirements. To demonstrate continuing compliance with § 63.402 of this subpart, the owner or operator of each affected IPCT shall maintain copies of the initial notification and the notification of compliance status as required by § 63.405 of this subpart for a period of at least 5 years onsite. § 63.407 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.400 and 63.402 through 63.403. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37348, June 23, 2003] Table 1 to Subpart Q of Part 63—General Provisions Applicability to Subpart Q Reference Applies to Subpart Q Comment 63.1 Yes 63.2 Yes 63.3 No 63.4 Yes 63.5 No 63.6 (a), (b), (c), and (j) Yes 63.6 (d), (e), (f), (g), (h), and (i) No 63.7 No 63.8 No 63.9(a), (b)(1), (b)(3), (c), (h)(1), (h)(3), (h)(6), (j), and (k) Yes § 63.9(k) only as specified in 63.9(j). 63.10 (a), (b)(1), (b)(2)(xii), (b)(2)(xiv), (b)(3), (d), and (f) Yes Section 63.406 requires an onsite record retention of 5 years. 63.10 (b)(2) (i) to (xi), (c), and (e) No 63.11 No 63.12 to 63.15 Yes [59 FR 46350, Sept. 8, 1994, as amended at 85 FR 73889, Nov. 19, 2020] Subpart R—National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations) Source: 59 FR 64318, Dec. 14, 1994, unless otherwise noted. § 63.420 Applicability. (a) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal, except those bulk gasoline terminals meeting either of the criteria listed in paragraph (a)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each bulk gasoline terminal located at a major source as defined in § 63.2. (1) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, E T E T F E ES I where: E T CF = 0.161 for bulk gasoline terminals and pipeline breakout stations that do not handle any reformulated or oxygenated gasoline containing 7.6 percent by volume or greater methyl tert-butyl ether (MTBE), OR CF = 1.0 for bulk gasoline terminals and pipeline breakout stations that handle reformulated or oxygenated gasoline containing 7.6 percent by volume or greater MTBE; CE = control efficiency limitation on potential to emit for the vapor processing system used to control emissions from fixed-roof gasoline storage vessels [value should be added in decimal form (percent divided by 100)]; T F T E T ES T I C = number of valves, pumps, connectors, loading arm valves, and open-ended lines in gasoline service; Q = gasoline throughput limitation on potential to emit or gasoline throughput limit in compliance with paragraphs (c), (d), and (f) of this section (liters/day); K = 4.52 × 10 −6 OR K = (4.5 × 10 −9 EF = emission rate limitation on potential to emit for the gasoline cargo tank loading rack vapor processor outlet emissions (mg of total organic compounds per liter of gasoline loaded); OE = other HAP emissions screening factor for bulk gasoline terminals or pipeline breakout stations (tons per year). OE equals the total HAP from other emission sources not specified in parameters in the equations for E T P T P L = 13 mg/l for gasoline cargo tanks meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in § 60.501 of this chapter, OR L = 304 mg/l for gasoline cargo tanks not meeting the requirement to satisfy the test criteria for a vapor-tight gasoline tank truck in § 60.501 of this chapter; or (2) Bulk gasoline terminals for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in § 63.2. (b) Prior to May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station, except those pipeline breakout stations meeting either of the criteria listed in paragraph (b)(1) or (2) of this section. No later than May 8, 2027, the affected source to which the provisions of this subpart apply is each pipeline breakout station located at a major source as defined in § 63.2. (1) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the result, E P E P F E ES I −6 where: EP = emissions screening factor for pipeline breakout stations, and the definitions for CF, T F E ES (2) Pipeline breakout stations for which the owner or operator has documented and recorded to the Administrator's satisfaction that the facility is not a major source, or is not located within a contiguous area and under common control of a facility that is a major source, as defined in § 63.2. (c) Prior to May 8, 2027, a facility for which the results, E T P (1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section, and approved by the Administrator, is exceeded in any rolling 30-day period; and (2) Maintain records and provide reports in accordance with the provisions of § 63.428(l)(4). (d) Prior to May 8, 2027, a facility for which the results, E T P (1) Operate the facility such that none of the facility parameters used to calculate results under paragraph (a)(1) or (b)(1) of this section is exceeded in any rolling 30-day period; and (2) Maintain records and provide reports in accordance with the provisions of § 63.428(l)(5). (e) The provisions of paragraphs (a)(1) and (b)(1) of this section shall not be used to determine applicability to bulk gasoline terminals or pipeline breakout stations that are either: (1) Located within a contiguous area and under common control with another bulk gasoline terminal or pipeline breakout station, or (2) Located within a contiguous area and under common control with other sources not specified in paragraphs (a)(1) or (b)(1) of this section, that emit or have the potential to emit a hazardous air pollutant. (f) Upon request by the Administrator, the owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of any paragraphs in this section including, but not limited to, the parameters and assumptions used in the applicable equation in paragraph (a)(1) or (b)(1) of this section, shall demonstrate compliance with those paragraphs. (g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart that is also subject to applicable provisions of part 60, subpart Kb, XX, or XXa, of this chapter shall comply only with the provisions in each subpart that contain the most stringent control requirements for that facility. (h) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station is subject to the provisions of 40 CFR part 63, subpart A—General Provisions, as indicated in Table 1. (i) A bulk gasoline terminal or pipeline breakout station with a Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery complying with §§ 63.646, 63.648, 63.649, 63.650, and 63.660 is not subject to the standards in this subpart, except as specified in § 63.650. (j) Notwithstanding any other provision of this subpart, the December 14, 1995, compliance date for existing facilities in §§ 63.424(e) and 63.428(a), (l)(4)(i), and (l)(5)(i) is stayed from December 8, 1995, to March 7, 1996. (k) Each owner or operator of an affected source bulk gasoline terminal or pipeline breakout station must comply with the standards in this part at all times. At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [59 FR 64318, Dec. 14, 1994, as amended at 60 FR 43260, Aug. 18, 1995; 60 FR 62992, Dec. 8, 1995; 62 FR 9092, Feb. 28, 1997; 89 FR 39358, May 8, 2024] § 63.421 Definitions. As used in this subpart, all terms not defined herein shall have the meaning given them in the Act; in subparts A, K, Ka, Kb, and Xxa of part 60 of this chapter; or in subpart A of this part. All terms defined in both subpart A of part 60 of this chapter and subpart A of this part shall have the meaning given in subpart A of this part. For purposes of this subpart, definitions in this section supersede definitions in other parts or subparts. Bulk gasoline terminal (1) Prior to May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship or barge, and has a gasoline throughput greater than 75,700 liters per day. Gasoline throughput shall be the maximum calculated design throughput as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person. (2) On or after May 8, 2027, any gasoline facility which receives gasoline by pipeline, ship, barge, or cargo tank and subsequently loads all or a portion of the gasoline into gasoline cargo tanks for transport to bulk gasoline plants or gasoline dispensing facilities and has a gasoline throughput greater than 20,000 gallons per day (75,700 liters per day). Gasoline throughput shall be the maximum calculated design throughput for the facility as may be limited by compliance with an enforceable condition under Federal, State, or local law and discoverable by the Administrator and any other person. Controlled loading rack, Equipment Flare Gasoline Gasoline cargo tank In gasoline service Limitation(s) on potential to emit Operating parameter value Oxygenated gasoline Pipeline breakout station (1) Prior to May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline or to other facilities. (2) On or after May 8, 2027, a facility along a pipeline containing storage vessels used to relieve surges or receive and store gasoline from the pipeline for reinjection and continued transportation by pipeline to other facilities. Pipeline breakout stations Reformulated gasoline Submerged filling Thermal oxidation system Thermal oxidation systems Uncontrolled loading rack Vapor-tight gasoline cargo tank Volatile organic liquid [59 FR 64318, Dec. 14, 1994, as amended at 62 FR 9093, Feb. 28, 1997; 68 FR 70965, Dec. 19, 2003; 85 FR 78463, Dec. 4, 2020; 89 FR 39358, May 8, 2024] § 63.422 Standards: Loading racks. (a) You must meet either the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (d) of this section. (1) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in § 60.502 of this chapter except for paragraphs (b), (c), and (j) of that section. For purposes of this section, the term “affected facility” used in § 60.502 means the loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart. (2) Each owner or operator of loading racks at a bulk gasoline terminal subject to the provisions of this subpart shall comply with the requirements in § 60.502a of this chapter except for paragraphs (b) and (j) of that section and shall comply with the provisions in paragraphs (b) through (c) of this section. For purposes of this section, the term “gasoline loading rack affected facility” used in § 60.502a means “the loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart.” For purposes of this subpart, the term “vapor-tight gasoline cargo tanks” used in § 60.502a(e) of this chapter shall have the meaning given in § 63.421. As an alternative to the pressure monitoring requirements in § 60.504a(d) of this chapter, you may comply with the requirements specified in § 63.427(f). (b) You must meet either the emission limits in paragraph (b)(1) or (2) of this section, as applicable in paragraph (d) of this section. (1) Emissions to the atmosphere from the vapor collection and processing systems due to the loading of gasoline cargo tanks shall not exceed 10 milligrams of total organic compounds per liter of gasoline loaded. (2) You must comply with the provisions in § 60.502a(c) of this chapter for all loading racks that load gasoline cargo tanks at the bulk gasoline terminals subject to the provisions of this subpart, not just those that are modified or reconstructed. (c) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall discontinue loading any cargo tank that fails vapor tightness according to the test requirements in § 63.425(f), (g), and (h) until vapor tightness documentation for that gasoline cargo tank is obtained which documents that: (1) The tank truck or railcar gasoline cargo tank has been repaired, retested, and subsequently passed either the annual certification test described in § 63.425(e) or the railcar bubble test described in § 63.425(i); or (2) For each gasoline cargo tank failing the test in § 63.425(f) at the facility, the cargo tank meets the test requirements in either § 63.425(g) or (h); or (3) For each gasoline cargo tank failing the test in § 63.425(g) at the facility, the cargo tank meets the test requirements in § 63.425(h). (d) Each owner or operator shall meet the requirements in this section as expeditiously as practicable, but no later than the dates provided in paragraphs (d)(1) through (3) of this section. (1) For facilities that commenced construction on or before February 8, 1994, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section. (2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(1), (b)(1), and (c) of this section upon startup. Beginning no later than May 8, 2027, paragraphs (a)(1) and (b)(1) of this section no longer apply and each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section. (3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraphs (a)(2), (b)(2), and (c) of this section upon startup or July 8, 2024, whichever is later. (e) As an alternative to § 60.502(h) and (i) or § 60.502a(h) and (i) of this chapter as specified in paragraph (a) of this section, the owner or operator may comply with paragraphs (e)(1) and (2) of this section. (1) The owner or operator shall design and operate the vapor processing system, vapor collection system, and liquid loading equipment to prevent gauge pressure in the railcar gasoline cargo tank from exceeding the applicable test limits in § 63.425(e) and (i) during product loading. This level is not to be exceeded when measured by the procedures specified in § 60.503(d) of this chapter during any performance test or performance evaluation conducted under § 63.425(b) or (c). (2) No pressure-vacuum vent in the bulk' gasoline terminal's vapor processing system or vapor collection system may begin to open at a system pressure less than the applicable test limits in § 63.425(e) or (i). [89 FR 39359, May 8, 2024] § 63.423 Standards: Storage vessels. (a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraph (a)(1) or (2) of this section, as applicable in paragraph (c) of this section. (1) Equip each gasoline storage vessel with a design capacity greater than or equal to 75 m 3 (2) Equip each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m 3 (b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall equip each gasoline storage vessel according to the requirements in paragraphs (b)(1) of this section and, if a floating roof is used, either paragraph (b)(2) or (3) of this section, as applicable in paragraph (c) of this section. (1) Equip, maintain, and operate each gasoline storage vessel with a design capacity greater than or equal to 75 m 3 3 (2) Equip, maintain, and operate each internal floating control system to maintain the vapor concentration within the storage vessel above the floating roof at or below 25 percent of the lower explosive limit (LEL) on a 5-minute rolling average basis without the use of purge gas. This standard may require additional controls beyond those specified in paragraph (b)(1) of this section. Compliance with this paragraph (b)(2) shall be determined using the methods in § 63.425(j). A deviation of the LEL level is considered an inspection failure under § 60.113b(a)(2) of this chapter or § 63.1063(d)(2) and must be remedied as such. Any repairs made must be confirmed effective through re-monitoring of the LEL and meeting the level in this paragraph (b)(2) within the timeframes specified in § 60.113b(a)(2) or § 63.1063(e), as applicable. (3) Equip, maintain, and operate each gasoline external floating roof storage vessel with a design capacity greater than or equal to 75 m 3 (c) Each gasoline storage vessel at bulk gasoline terminals and pipeline breakout stations shall be in compliance with the requirements of this section as expeditiously as practicable, but no later than the dates provided in paragraphs (c)(1) through (3) of this section. (1) For facilities that commenced construction on or before February 8, 1994, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first. (2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, each gasoline storage vessel shall meet the requirements in paragraph (a) of this section upon startup. Beginning no later than May 8, 2027, paragraph (a) of this section no longer applies and each gasoline storage vessel shall meet the requirements in paragraphs (b)(1) and (2) of this section no later than May 8, 2027. If applicable, the fitting controls required in paragraph (b)(3) of this section must be installed the next time the storage vessel is completely emptied and degassed, or by May 8, 2034, whichever occurs first. (3) For facilities that commenced construction after June 10, 2022, each owner or operator shall meet the requirements in paragraph (b) of this section upon startup or July 8, 2024, whichever is later. [89 FR 39360, May 8, 2024] § 63.424 Standards: Equipment leaks. (a) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall implement a leak detection and repair program for all equipment in gasoline service according to the requirements in paragraph (b) or (c) of this section, as applicable in paragraph (e) of this section and minimize gasoline vapor losses according to paragraph (d) of this section. (b) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall perform a monthly leak inspection of all equipment in gasoline service. For this inspection, detection methods incorporating sight, sound, and smell are acceptable. Each piece of equipment shall be inspected during the loading of a gasoline cargo tank. (1) A logbook shall be used and shall be signed by the owner or operator at the completion of each inspection. A section of the log shall contain a list, summary description, or diagram(s) showing the location of all equipment in gasoline service at the facility. (2) Each detection of a liquid or vapor leak shall be recorded in the logbook. When a leak is detected, an initial attempt at repair shall be made as soon as practicable, but no later than 5 calendar days after the leak is detected. Repair or replacement of leaking equipment shall be completed within 15 calendar days after detection of each leak, except as provided in paragraph (b)(3) of this section. (3) Delay of repair of leaking equipment will be allowed upon a demonstration to the Administrator that repair within 15 days is not feasible. The owner or operator shall provide the reason(s) a delay is needed and the date by which each repair is expected to be completed. (4) As an alternative to compliance with the provisions in paragraphs (b)(1) through (3) of this section, owners or operators may implement an instrument leak monitoring program that has been demonstrated to the Administrator as at least equivalent. (c) Comply with the requirements in § 60.502a(j) of this chapter except as provided in paragraphs (c)(1) through (3) of this section. (1) The frequency for optical gas imaging (OGI) monitoring shall be semiannually rather than quarterly as specified in § 60.502a(j)(1)(i). (2) The frequency for Method 21 monitoring of pumps and valves shall be semiannually rather than quarterly as specified in § 60.502a(j)(1)(ii)(A) and (B). (3) The frequency of monitoring of pressure relief devices shall be semiannually and within 5 calendar days after each pressure release rather than quarterly and within 5 calendar days after each pressure release as specified in § 60.502a(j)(4)(i). (d) Owners and operators shall not allow gasoline to be handled in a manner that would result in vapor releases to the atmosphere for extended periods of time. Measures to be taken include, but are not limited to, the following: (1) Minimize gasoline spills; (2) Clean up spills as expeditiously as practicable; (3) Cover all open gasoline containers with a gasketed seal when not in use; and (4) Minimize gasoline sent to open waste collection systems that collect and transport gasoline to reclamation and recycling devices, such as oil/water separators. (e) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1) through (3) of this section. (1) For facilities that commenced construction on or before February 8, 1994, meet the requirements in paragraphs (b) and (d) of this section no later than December 15, 1997. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027. (2) For facilities that commenced construction after February 8, 1994, and on or before June 10, 2022, meet the requirements in paragraphs (b) and (d) of this section upon startup. Beginning no later than May 8, 2027, paragraph (b) of this section no longer applies and facilities shall meet the requirements in paragraphs (c) and (d) of this section no later than May 8, 2027. (3) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (c) and (d) of this section upon startup or July 8, 2024, whichever is later. [89 FR 39360, May 8, 2024] § 63.425 Test methods and procedures. (a) Performance test and evaluation requirements. (b) Gasoline loading rack and gasoline storage vessel performance test requirements. (1) Conduct a performance test on the vapor processing and collection systems according to either paragraph (b)(1)(i) or (ii) of this section. (i) Use the test methods and procedures in § 60.503 of this chapter, except a reading of 500 ppm shall be used to determine the level of leaks to be repaired under § 60.503(b) of this chapter, or (ii) Use alternative test methods and procedures in accordance with the alternative test method requirements in § 63.7(f). (2) The performance test requirements of § 60.503(c) of this chapter do not apply to flares defined in § 63.421 and meeting the flare requirements in § 63.11(b). The owner or operator shall demonstrate that the flare and associated vapor collection system is in compliance with the requirements in § 63.11(b) and § 60.503(a), (b), and (d) of this chapter, respectively. (3) For each performance test conducted under paragraph (b)(1) of this section, the owner or operator shall determine a monitored operating parameter value for the vapor processing system using the following procedure: (i) During the performance test, continuously record the operating parameter under § 63.427(a); (ii) Determine an operating parameter value based on the parameter data monitored during the performance test, supplemented by engineering assessments and the manufacturer's recommendations; and (iii) Provide for the Administrator's approval the rationale for the selected operating parameter value, and monitoring frequency and averaging time, including data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the emission standard in § 63.422(b)(1) or § 60.112b(a)(3)(ii) of this chapter. (4) For performance tests performed after the initial test, the owner or operator shall document the reasons for any change in the operating parameter value since the previous performance test. (c) Gasoline loading rack performance test and evaluation requirements. (1) Conduct performance tests or evaluations on the vapor processing and collection systems according to the requirements in § 60.503a(a), (c) and (d) of this chapter. (2) The first performance test or performance evaluation of the continuous emissions monitoring system (CEMS) shall be conducted within 180 days of the date affected source begins compliance with the requirements in § 63.422(b)(2). A previously conducted performance test may be used to satisfy this requirement if the conditions in paragraphs (c)(2)(i) through (v) of this section are met. Prior to conducting this performance test or evaluation, you must continue to meet the monitoring and operating limits that apply based on the previously conducted performance test. (i) The performance test was conducted on or after May 8, 2022. (ii) No changes have been made to the process or control device since the time of the performance test. (iii) The operating conditions, test methods, and test requirements ( e.g., (iv) The temperature in the combustion zone was recorded during the performance test as specified in § 60.503a(c)(8)(i) of this chapter and can be used to establish the operating limit as specified in § 60.503a(c)(8)(ii) through (iv) of this chapter. (v) The performance test demonstrates compliance with the emission limit specified in § 63.422(b)(2). (3) For loading racks complying with the mass loading emission limit in § 60.502a(c)(1) of this chapter, subsequent performance tests shall be conducted no later than 60 calendar months after the previous performance test. (4) For loading racks complying with the concentration emission limit in § 60.502a(c)(2) of this chapter, subsequent performance evaluations of CEMS for the vapor collection and processing system shall be conducted no later than 12 calendar months after the previous performance evaluation. (d) Gasoline storage vessel requirements. (1) If the gasoline storage vessel is subject to the provision in § 63.423(a) or the provision in § 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (b) of this section. (2) If the gasoline storage vessel is subject to the provision in § 63.423(b) and a flare is used as the control device for the gasoline storage vessel, you must comply with the requirements in § 60.502a(c)(3) of this chapter as indicated in paragraphs (d)(2)(i) and (ii) of this section rather than the requirements in § 60.18(e) and (f) of this chapter as specified in § 60.113b(d) of this chapter. (i) At § 60.502a(c)(3)(i) of this chapter, replace “vapors displaced from gasoline cargo tanks during product loading” with “vapors from the gasoline storage vessel.” (ii) Section 60.502a(c)(3)(vi) through (ix) of this chapter does not apply. (e) Annual certification test. (1) Method 27 of appendix A-8 to part 60 of this chapter. i 2 2 i 2 2 (i) The maximum allowable pressure and vacuum changes (Δ p, Δ v) are as shown in the second column of table 1 to this paragraph (e)(1). (ii) The maximum allowable pressure and vacuum changes (Δ p, Δ v) are as shown in the third column of table 1 to this paragraph (e)(1). (iii) Compliance with the provisions of this section shall be achieved as expeditiously as practicable, but no later than the dates provided in paragraphs (e)(1)(iii)(A) and (B) of this section. (A) For facilities that commenced construction on or before June 10, 2022, meet the requirements in paragraph (e)(1)(i) of this section prior to May 8, 2027, and meet the requirements in paragraph (e)(1)(ii) of this section no later than May 8, 2027. (B) For facilities that commenced construction after June 10, 2022, meet the requirements in paragraph (e)(1)(ii) of this section upon startup or July 8, 2024, whichever is later. Table 1 to Paragraph ( e Cargo tank or compartment capacity, liters (gal) Annual certification- 2 2 Annual certification- 2 2 Allowable pressure 2 2 9,464 or more (2,500 or more) 25 (1.0) 12.7 (0.50) 64 (2.5) 9,463 to 5,678 (2,499 to 1,500) 38 (1.5) 19.1 (0.75) 76 (3.0) 5,677 to 3,785 (1,499 to 1,000) 51 (2.0) 25.4 (1.00) 89 (3.5) 3,784 or less (999 or less) 64 (2.5) 31.8 (1.25) 102 (4.0) (2) Pressure test of the cargo tank's internal vapor valve as follows: (i) After completing the tests under paragraph (e)(1) of this section, use the procedures in Method 27 to repressurize the tank to 460 mm H 2 2 (ii) Relieve the pressure in the vapor return line to atmospheric pressure, then reseal the line. After 5 minutes, record the gauge pressure in the vapor return line and manifold. The maximum allowable 5-minute pressure increase is 130 mm H 2 2 (f) Leak detection test. (1) The instrument reading that defines a leak is 10,000 ppm (as propane). Use propane to calibrate the instrument, setting the span at the leak definition. The response time to 90 percent of the final stable reading shall be less than 8 seconds for the detector with the sampling line and probe attached. (2) In addition to the procedures in Method 21, include the following procedures: (i) Perform the test on each compartment during loading of that compartment or while the compartment is still under pressure. (ii) To eliminate a positive instrument drift, the dwell time for each leak detection shall not exceed two times the instrument response time. Purge the instrument with ambient air between each leak detection. The duration of the purge shall be in excess of two instrument response times. (iii) Attempt to block the wind from the area being monitored. Record the highest detector reading and location for each leak. (g) Nitrogen pressure decay field test. (1) Record the cargo tank capacity. Upon completion of the loading operation, record the total volume loaded. Seal the cargo tank vapor collection system at the vapor coupler. The sealing apparatus shall have a pressure tap. Open the internal vapor valve(s) of the cargo tank and record the initial headspace pressure. Reduce or increase, as necessary, the initial headspace pressure to 460 mm H 2 2 (i) The cylinder shall be equipped with a compatible two-stage regulator with a relief valve and a flow control metering valve. The flow rate of the nitrogen shall be no less than 2 cfm. The maximum allowable time to pressurize cargo tanks with headspace volumes of 1,000 gallons or less to the appropriate pressure is 4 minutes. For cargo tanks with a headspace of greater than 1,000 gallons, use as a maximum allowable time to pressurize 4 minutes or the result from the equation below, whichever is greater. T = V h where: T = maximum allowable time to pressurize the cargo tank, min; V h (2) It is recommended that after the cargo tank headspace pressure reaches approximately 460 mm H 2 2 2 2 (3) Reseal the cargo tank vapor collection system and record the headspace pressure after 1 minute. The measured headspace pressure after 1 minute shall be greater than the minimum allowable final headspace pressure (P F where: (P F 2 V s V h 18.0 = initial pressure at start of test, in. H 2 N = 5-minute continuous performance standard at any time from the fourth column of table 1 to paragraph (e)(1) of this section, inches H 2 (4) Conduct the internal vapor valve portion of this test by repressurizing the cargo tank headspace with nitrogen to 460 mm H 2 2 (5) If the decrease in pressure in the vapor collection system is less than at least one of the interval pressure change values in Table 3 of this paragraph, or if the final pressure is equal to or greater than 20 percent of the 1-minute final headspace pressure determined in the test in paragraph (g)(3) of this section, then the cargo tank is considered to be a vapor-tight gasoline cargo tank. Table 3—Pressure Change for Internal Vapor Valve Test Time interval Interval pressure change, mm H 2 2 After 1 minute 28 (1.1) After 2 minutes 56 (2.2) After 3 minutes 84 (3.3) After 4 minutes 112 (4.4) After 5 minutes 140 (5.5) (h) Continuous performance pressure decay test. i 2 2 (i) Railcar bubble leak test procedures. (1) Comply with the requirements of 49 CFR 173.31(d), 179.7, 180.509, and 180.511 for the testing of railcar gasoline cargo tanks. (2) The leakage pressure test procedure required under 49 CFR 180.509(j) and used to show no indication of leakage under 49 CFR 180.511(f) shall be ASTM E 515-95 (incorporated by reference, see § 63.14), BS EN 1593:1999 (incorporated by reference, see § 63.14), or another bubble leak test procedure meeting the requirements in 49 CFR 179.7, 180.505, and 180.509. (3) The alternative requirements in this paragraph (i) may not be used for any railcar gasoline cargo tank that collects gasoline vapors from a vapor balance system permitted under or required by a Federal, State, local, or tribal agency. A vapor balance system is a piping and collection system designed to collect gasoline vapors displaced from a storage vessel, barge, or other container being loaded, and routes the displaced gasoline vapors into the railcar gasoline cargo tank from which liquid gasoline is being unloaded. (j) LEL monitoring procedures. (1) LEL monitoring must be conducted at least once every 12 months and at other times upon request by the Administrator. If the measurement cannot be performed due to wind speeds exceeding those specified in paragraph (j)(3)(iii) of this section, the measurement must be performed within 30 days of the previous attempt. (2) The calibration of the LEL meter must be checked per manufacturer specifications immediately before and after the measurements as specified in paragraphs (j)(2)(i) and (ii) of this section. If tubing will be used for the measurements, the tubing must be attached during calibration so that the calibration gas travels through the entire measurement system. (i) Conduct the span check using a calibration gas recommended by the LEL meter manufacturer. The calibration gas must contain a single hydrocarbon at a concentration corresponding to 50 percent of the LEL ( e.g., e.g., (ii) Check the instrumental offset response using a certified compressed gas cylinder of zero air or an ambient environment that is free of organic compounds. The pre-measurement instrumental offset response must be 0 percent LEL. If the LEL meter does not meet this requirement, the LEL meter must be recalibrated or replaced. (3) Conduct the measurements as specified in paragraphs (j)(3)(i) through (iv) of this section. (i) Measurements of the vapors within the internal floating roof storage vessel must be collected no more than 3 feet above the internal floating roof. (ii) Measurements shall be taken for a minimum of 20 minutes, logging the measurements at least once every 15 seconds, or until one 5-minute average as determined according to paragraph (j)(5)(ii) of this section exceeds the level specified in § 63.423(b)(2). (iii) Measurements shall be taken when the wind speed at the top of the tank is 5 mph or less to the extent practicable, but in no case shall measurements be taken when the sustained wind speed at top of tank is greater than the annual average wind speed at the site or 15 mph, whichever is less. (iv) Measurements should be conducted when the internal floating roof is floating with limited product movement (limited filling or emptying of the tank). (4) To determine the actual vapor concentration within the storage vessel, the percent of the LEL “as the calibration gas” must be corrected according to one of the following procedures. Alternatively, if the LEL meter used has correction factors that can be selected from the meter's program, you may enable this feature to automatically apply one of the correction factors specified in paragraphs (j)(4)(i) and (ii) of this section. (i) Multiply the measurement by the published gasoline vapor correction factor for the specific LEL meter and calibration gas used. (ii) If there is no published correction factor for gasoline vapors for the specific LEL meter used, multiply the measurement by the published correction factor for butane as a surrogate for determining the LEL of gasoline vapors. The correction factor must correspond to the calibration gas used. (5) Use the calculation procedures in paragraphs (j)(5)(i) through (iii) of this section to determine compliance with the LEL level. (i) For each minute while measurements are being taken, determine the one-minute average reading as the arithmetic average of the corrected individual measurements (taken at least once every 15 seconds) during the minute. (ii) Starting with the end of the fifth minute of data, calculate a five-minute rolling average as the arithmetic average of the previous five one-minute readings determined under paragraph (j)(5)(i) of this section. Determine a new five-minute average reading for every subsequent one-minute reading. (iii) Each five-minute rolling average must meet the LEL level specified in § 63.423(b)(2). [59 FR 64318, Dec. 14, 1994; 60 FR 7627, Feb. 8, 1995; 60 FR 32913, June 26, 1995; 68 FR 70965, Dec. 19, 2003; 89 FR 39361, May 8, 2024] § 63.426 Alternative means of emission limitation. For determining the acceptability of alternative means of emission limitation for storage vessels under § 63.423, the provisions of § 60.114b of this chapter apply. § 63.427 Continuous monitoring. (a) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall install, calibrate, certify, operate, and maintain, according to the manufacturer's specifications, a continuous monitoring system (CMS) as specified in paragraph (a)(1), (2), (3), or (4) of this section, except as allowed in paragraph (a)(5) of this section. (1) Where a carbon adsorption system is used, a continuous emission monitoring system (CEMS) capable of measuring organic compound concentration shall be installed in the exhaust air stream. (2) Where a refrigeration condenser system is used, a continuous parameter monitoring system (CPMS) capable of measuring temperature shall be installed immediately downstream from the outlet to the condenser section. Alternatively, a CEMS capable of measuring organic compound concentration may be installed in the exhaust air stream. (3) Where a thermal oxidation system is used, a CPMS capable of measuring temperature must be installed in the firebox or in the ductwork immediately downstream from the firebox in a position before any substantial heat exchange occurs. (4) Where a flare meeting the requirements in § 63.11(b) is used, a heat-sensing device, such as an ultraviolet beam sensor or a thermocouple, must be installed in proximity to the pilot light to indicate the presence of a flame. (5) Monitoring an alternative operating parameter or a parameter of a vapor processing system other than those listed in this paragraph will be allowed upon demonstrating to the Administrator's satisfaction that the alternative parameter demonstrates continuous compliance with the emission standard in § 63.422(b) or § 60.112b(a)(3)(ii) of this chapter. (b) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall operate the vapor processing system in a manner not to exceed the operating parameter value for the parameter described in paragraphs (a)(1) and (2) of this section, or to go below the operating parameter value for the parameter described in paragraph (a)(3) of this section, and established using the procedures in § 63.425(b). In cases where an alternative parameter pursuant to paragraph (a)(5) of this section is approved, each owner or operator shall operate the vapor processing system in a manner not to exceed or not to go below, as appropriate, the alternative operating parameter value. Operation of the vapor processing system in a manner exceeding or going below the operating parameter value, as specified above, shall constitute a violation of the emission standard in § 63.422(b)(1). (c) Except as provided in paragraph (f) of this section, each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall install, calibrate, certify, operate, and maintain a CMS as specified in § 60.504a(a) through (d) of this chapter, as applicable. You may use the limited alternative monitoring methods as specified in § 60.504a(e) of this chapter, if applicable. (d) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall operate the vapor processing system in a manner consistent with the minimum and/or maximum operating parameter value or procedures described in §§ 60.502a(a) and (c) and 60.504a(a) and (c) of this chapter. Operation of the vapor processing system in a manner that constitutes a period of excess emissions or failure to perform procedures required shall constitute a deviation of the emission standard in § 63.422(b)(2). (e) Each owner or operator of gasoline storage vessels subject to the provisions of § 63.423 shall comply with the monitoring requirements in § 60.116b of this chapter, except records shall be kept for at least 5 years. If a closed vent system and control device are used, as specified in § 60.112b(a)(3) of this chapter, to comply with the requirements in § 63.423, the owner or operator shall also comply with the requirements in paragraph (e)(1) or (2) of this section, as applicable. (1) If the gasoline storage vessel is subject to the provision in § 63.423(a) or if the gasoline storage vessel is subject to the provision in § 63.423(b) and a control device other than a flare is used for the gasoline storage vessel, the owner or operator shall also comply with the requirements in paragraph (a) of this section. (2) If the gasoline storage vessel is subject to the provision in § 63.423(b) and a flare is used as the control device for the affected gasoline storage vessel, you must comply with the monitoring requirements in § 60.504a(c) of this chapter. (f) As an alternative to the pressure monitoring requirements in § 60.504a(d) of this chapter, you may comply with the pressure monitoring requirements in § 60.503(d) of this chapter during any performance test or performance evaluation conducted under § 63.425(c) to demonstrate compliance with the provisions in § 60.502a(h) of this chapter. [59 FR 46350, Sept. 8, 1994, as amended at 68 FR 70966, Dec. 19, 2003; 89 FR 39363, May 8, 2024] § 63.428 Recordkeeping and reporting. (a) The initial notifications required for existing affected sources under § 63.9(b)(2) shall be submitted by 1 year after an affected source becomes subject to the provisions of this subpart or by December 16, 1996, whichever is later. Affected sources that are major sources on December 16, 1996, and plan to be area sources by December 15, 1997, shall include in this notification a brief, non-binding description of and schedule for the action(s) that are planned to achieve area source status. (b) Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records in either hardcopy or electronic form of the test results for each gasoline cargo tank loading at the facility for at least 5 years as specified in paragraphs (b)(1) through (3) of this section. Each owner or operator of a bulk gasoline terminal subject to the provisions of this subpart shall keep records for at least 5 years as specified in paragraphs (b)(4) and (5) of this section. (1) Annual certification testing performed under § 63.425(e) and railcar bubble leak testing performed under § 63.425(i); and (2) Continuous performance testing performed at any time at that facility under § 63.425(f), (g), and (h). (3) The documentation file shall be kept up-to-date for each gasoline cargo tank loading at the facility. The documentation for each test shall include, as a minimum, the following information: (i) Name of test: Annual Certification Test—Method 27 (§ 63.425(e)(1)); Annual Certification Test—Internal Vapor Valve (§ 63.425(e)(2)); Leak Detection Test (§ 63.425(f)); Nitrogen Pressure Decay Field Test (§ 63.425(g)); Continuous Performance Pressure Decay Test (§ 63.425(h)); or Railcar Bubble Leak Test Procedure (§ 63.425(i)). (ii) Cargo tank owner's name and address. (iii) Cargo tank identification number. (iv) Test location and date. (v) Tester name and signature. (vi) Witnessing inspector, if any: Name, signature, and affiliation. (vii) Vapor tightness repair: Nature of repair work and when performed in relation to vapor tightness testing. (viii) Test results: tank or compartment capacity; test pressure; pressure or vacuum change, mm of water; time period of test; number of leaks found with instrument; and leak definition. (4) Records of each instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under § 60.502(e)(1) or § 60.502a(e)(1) of this chapter, as applicable, was not provided or available in the terminal's records. These records shall include, at a minimum: (i) Cargo tank owner and address. (ii) Cargo tank identification number. (iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation. (iv) Date proper documentation was received or statement that proper documentation was never received. (5) Records of each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in § 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system. These records shall include, at a minimum: (i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped or improperly connected. (ii) Type of deviation ( e.g., (iii) Cargo tank identification number. (c) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(1) shall: (1) Keep an up-to-date, readily accessible record of the continuous monitoring data required under § 63.427(a). This record shall indicate the time intervals during which loadings of gasoline cargo tanks have occurred or, alternatively, shall record the operating parameter data only during such loadings. The date and time of day shall also be indicated at reasonable intervals on this record. (2) Record and report simultaneously with the notification of compliance status required under § 63.9(h): (i) All data and calculations, engineering assessments, and manufacturer's recommendations used in determining the operating parameter value under § 63.425(b); and (ii) The following information when using a flare under provisions of § 63.11(b) to comply with § 63.422(b): (A) Flare design ( i.e., (B) All visible emissions readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required under § 63.425(b). (3) If an owner or operator requests approval to use a vapor processing system or monitor an operating parameter other than those specified in § 63.427(a), the owner or operator shall submit a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application. (4) Keep written procedures required under § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous ( i.e., (d) Each owner or operator of a bulk gasoline terminal subject to the provisions in § 63.422(b)(2) shall keep records as specified in paragraphs (d)(1) through (4) of this section, as applicable, for a minimum of five years unless otherwise specified in this section: (1) For each thermal oxidation system used to comply with the emission limitations in § 63.422(b)(2) by monitoring the combustion zone temperature as specified in § 60.502a(c)(1)(ii) of this chapter, for each pressure CPMS used to comply with the requirements in § 60.502a(h) of this chapter, and for each vapor recovery system used to comply with the emission limitations in § 63.422(b)(2), maintain records, as applicable, of: (i) The applicable operating or emission limit for the CMS. For combustion zone temperature operating limits, include the applicable date range the limit applies based on when the performance test was conducted. (ii) Each 3-hour rolling average combustion zone temperature measured by the temperature CPMS, each 5-minute average reading from the pressure CPMS, and each 3-hour rolling average total organic compounds (TOC) concentration (as propane) measured by the TOC CEMS. (iii) For each deviation of the 3-hour rolling average combustion zone temperature operating limit, maximum loading pressure specified in § 60.502a(h) of this chapter, or 3-hour rolling average TOC concentration (as propane), the start date and time, duration, cause, and the corrective action taken. (iv) For each period when there was a CMS outage or the CMS was out of control, the start date and time, duration, cause, and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in § 60.504a(e). (v) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check. For TOC CEMS, include the type of CEMS used ( i.e., (vi) TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, also keep records of: (A) The quantity of liquid product loaded in gasoline cargo tanks for the past 10 adsorption cycles prior to the CEMS outage. (B) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles used for the past 10 desorption cycles prior to the CEMS outage. (C) The quantity of liquid product loaded in gasoline cargo tanks for each adsorption cycle while using the alternative. (D) The vacuum pressure, purge gas quantities, and duration of the vacuum/purge cycles for each desorption cycle while using the alternative. (2) For each flare used to comply with the emission limitations in § 63.422(b)(2) and for each thermal oxidation system using the flare monitoring alternative as provided in § 60.502a(c)(1)(iii) of this chapter, maintain records of: (i) The output of the monitoring device used to detect the presence of a pilot flame as required in § 63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame is present when gasoline vapors were routed to the flare for a minimum of 5 years. The record must identify the start and end time and date of each 15-minute block. (ii) Visible emissions observations as specified in paragraphs (d)(2)(ii)(A) and (B) of this section, as applicable, for a minimum of 3 years. (A) If visible emissions observations are performed using Method 22 of appendix A-7 to part 60 of this chapter, the record must identify the date, the start and end time of the visible emissions observation, and the number of minutes for which visible emissions were observed during the observation. If the owner or operator performs visible emissions observations more than one time during a day, include separate records for each visible emissions observation performed. (B) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours but visible emissions observations according to Method 22 of appendix A-7 to part 60 of this chapter were not conducted for the full 2-hour period, the record must include the date, the start and end time of the visible emissions observation, and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator. (iii) Each 15-minute block period during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) when liquid product is being loaded into gasoline cargo tanks for at least 15-minutes identifying the specific operating limit that was not met. (iv) The 15-minute block average cumulative flows for the thermal oxidation system vent gas or flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i), along with the date and start and end time for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, retain records of the 15-minute block average temperature, pressure and molecular weight of the thermal oxidation system vent gas, flare vent gas, or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If you use the supplemental gas flow rate monitoring alternative in § 60.502a(c)(3)(viii) of this chapter, the required supplemental gas flow rate (winter and summer, if applicable) and the actual monitored supplemental gas flow rate for the 15-minute block. Retain the supplemental gas flow rate records for a minimum of 5 years. (v) The thermal oxidation system vent gas or flare vent gas compositions specified to be monitored under § 63.670(j). Retain records of individual component concentrations from each compositional analyses for a minimum of 2 years. If NHV vg (vi) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n), as applicable. (vii) All periods during which the owner or operator does not perform monitoring according to the procedures in § 63.670(g), (i), and (j) or in § 60.502a(c)(3)(vii) and (viii) of this chapter as applicable. Note the start date, start time, and duration in minutes for each period. (viii) An indication of whether “vapors displaced from gasoline cargo tanks during product loading” excludes periods when liquid product is loaded but no gasoline cargo tanks are being loaded or if liquid product loading is assumed to be loaded into gasoline cargo tanks according to the provisions in § 60.502a(c)(3)(i) of this chapter, records of all time periods when “vapors displaced from gasoline cargo tanks during product loading”, and records of time periods when there were no “vapors displaced from gasoline cargo tanks during product loading”. (ix) If you comply with the flare tip velocity operating limit using the one-time flare tip velocity operating limit compliance assessment as provided in § 60.502a(c)(3)(ix) of this chapter, maintain records of the applicable one-time flare tip velocity operating limit compliance assessment for as long as you use this compliance method. (x) For each parameter monitored using a CMS, retain the records specified in paragraphs (d)(2)(x)(A) through (C) of this section, as applicable: (A) For each deviation, record the start date and time, duration, cause, and corrective action taken. (B) For each period when there is a CMS outage or the CMS is out of control, record the start date and time, duration, cause, and corrective action taken. (C) Each inspection or calibration of the CMS including a unique identifier, make, and model number of the CMS, and date of calibration check. (3) Records of all 5-minute time periods during which liquid product is loaded into gasoline cargo tanks or assumed to be loaded into gasoline cargo tanks and records of all 5-minute time periods when there was no liquid product loaded into gasoline cargo tanks. (4) Keep written procedures required under § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you shall keep previous ( i.e., (e) Each owner or operator of storage vessels subject to the provisions of this subpart shall keep records as specified in § 60.115b of this chapter, except records shall be kept for at least 5 years. Additionally, for each storage vessel complying with the provisions in § 63.423(b)(2), keep records of each LEL monitoring event as specified in paragraphs (e)(1) through (9) of this section. (1) Date and time of the LEL monitoring, and the storage vessel being monitored. (2) A description of the monitoring event ( e.g., (3) Wind speed at the top of the storage vessel on the date of LEL monitoring. (4) The LEL meter manufacturer and model number used, as well as an indication of whether tubing was used during the LEL monitoring, and if so, the type and length of tubing used. (5) Calibration checks conducted before and after making the measurements, including both the span check and instrumental offset. This includes the hydrocarbon used as the calibration gas, the Certificate of Analysis for the calibration gas(es), the results of the calibration check, and any corrective action for calibration checks that do not meet the required response. (6) Location of the measurements and the location of the floating roof. (7) Each measurement (taken at least once every 15 seconds). The records should indicate whether the recorded values were automatically corrected using the meter's programming. If the values were not automatically corrected, record both the raw (as the calibration gas) and corrected measurements, as well as the correction factor used. (8) Each 5-minute rolling average reading. (9) If the vapor concentration of the storage vessel was above 25 percent of the LEL on a 5-minue rolling average basis, a description of whether the floating roof was repaired, replaced, or taken out of gasoline service. (f) Each owner or operator complying with the provisions of § 63.424 shall keep records of the information in paragraphs (f)(1) and (2) of this section. (1) Each owner or operator complying with the provisions of § 63.424(b) shall record the following information in the logbook for each leak that is detected: (i) The equipment type and identification number; (ii) The nature of the leak ( i.e., i.e., (iii) The date the leak was detected and the date of each attempt to repair the leak; (iv) Repair methods applied in each attempt to repair the leak; (v) “Repair delayed” and the reason for the delay if the leak is not repaired within 15 calendar days after discovery of the leak; (vi) The expected date of successful repair of the leak if the leak is not repaired within 15 days; and (vii) The date of successful repair of the leak. (2) Each owner or operator complying with the provisions of § 63.424(c) or § 60.503a(a)(2) of this chapter shall keep records of the following information: (i) Types, identification numbers, and locations of all equipment in gasoline service. (ii) For each leak inspection conducted under § 63.424(c) or § 60.503a(a)(2) of this chapter, keep the following records: (A) An indication if the leak inspection was conducted under § 63.424(c) or § 60.503a(a)(2) of this chapter. (B) Leak determination method used for the leak inspection. (iii) For leak inspections conducted with Method 21 of appendix A-7 to part 60 of this chapter, keep the following additional records: (A) Date of inspection. (B) Inspector name. (C) Monitoring instrument identification. (D) Identification of all equipment surveyed and the instrument reading for each piece of equipment. (E) Date and time of instrument calibration and initials of operator performing the calibration. (F) Calibration gas cylinder identification, certification date, and certified concentration. (G) Instrument scale used. (H) Results of the daily calibration drift assessment. (iv) For leak inspections conducted with OGI, keep the records specified in section 12 of appendix K to part 60 of this chapter. (v) For each leak that is detected during a leak inspection or by audio/visual/olfactory methods during normal duties, record the following information: (A) The equipment type and identification number. (B) The date the leak was detected, the name of the person who found the leak, nature of the leak ( i.e., i.e., (C) The date of each attempt to repair the leak and the repair methods applied in each attempt to repair the leak. (D) The date of successful repair of the leak, the method of monitoring used to confirm the repair, and if Method 21 of appendix A-7 to part 60 of this chapter is used to confirm the repair, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60. If OGI is used to confirm the repair, keep video footage of the repair confirmation. (E) For each repair delayed beyond 15 calendar days after discovery of the leak, record “Repair delayed”, the reason for the delay, and the expected date of successful repair. The owner or operator (or designate) whose decision it was that repair could not be carried out in the 15-calendar day timeframe must sign the record. (F) For each leak that is not repairable, the maximum instrument reading measured by Method 21 of appendix A-7 to part 60 of this chapter at the time the leak is determined to be not repairable, a video captured by the OGI camera showing that emissions are still visible, or a signed record that the leak is still detectable via audio/visual/olfactory methods. (g) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall keep the following records for each deviation of an emissions limitation (including operating limit), work practice standard, or operation and maintenance requirement in this subpart. (1) Date, start time, and duration of each deviation. (2) List of the affected sources or equipment for each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Actions taken to minimize emissions. (h) Any records required to be maintained by this subpart that are submitted electronically via the U.S. Environmental Protection Agency (EPA) Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated authority or the EPA as part of an on-site compliance evaluation. (i) Records of each performance test or performance evaluation conducted and each notification and report submitted to the Administrator for at least 5 years. For each performance test, include an indication of whether liquid product loading is assumed to be loaded into gasoline cargo tanks or periods when liquid product is loaded but no gasoline cargo tanks are being loaded are excluded in the determination of the combustion zone temperature operating limit according to the provision in § 60.503a(c)(8)(ii) of this chapter. If complying with the alternative in § 63.427(f), for each performance test or performance evaluation conducted, include the pressure every 5 minutes while a gasoline cargo tank is being loaded and the highest instantaneous pressure that occurs during each loading. (j) Prior to November 4, 2024, each owner or operator of an affected source under this subpart shall submit performance test reports to the Administrator according to the requirements in § 63.13. Beginning on November 4, 2024, within 60 days after the date of completing each performance test and each CEMS performance evaluation required by this subpart, you must submit the results of the performance test following the procedure specified in § 63.9(k). As required by § 63.7(g)(2)(iv), you must include the value for the combustion zone temperature operating parameter limit set based on your performance test in the performance test report. If the monitoring alternative in § 63.427(f) is used, indicate that this monitoring alternative is being used, identify each loading rack that loads gasoline cargo tanks at the bulk gasoline terminal subject to the provisions of this subpart, and report the highest instantaneous pressure monitored during the performance test or performance evaluation for each identified loading rack. Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) and performance evaluations of CEMS measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (k) The owner or operator must submit all Notification of Compliance Status reports in PDF format to the EPA following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Gasoline Distribution Sector Lead. (l) Prior to May 8, 2027, each owner or operator of a source subject to the requirements of this subpart shall submit reports as specified in paragraphs (l)(1) through (5) of this section, as applicable. (1) Each owner or operator subject to the provisions of § 63.424 shall report to the Administrator a description of the types, identification numbers, and locations of all equipment in gasoline service. For facilities electing to implement an instrument program under § 63.424(b)(4), the report shall contain a full description of the program. (i) In the case of an existing source or a new source that has an initial startup date before December 14, 1994, the report shall be submitted with the notification of compliance status required under § 63.9(h), unless an extension of compliance is granted under § 63.6(i). If an extension of compliance is granted, the report shall be submitted on a date scheduled by the Administrator. (ii) In the case of new sources that did not have an initial startup date before December 14, 1994, the report shall be submitted with the application for approval of construction, as described in § 63.5(d). (2) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall include in a semiannual report to the Administrator the following information, as applicable: (i) Each loading of a gasoline cargo tank for which vapor tightness documentation had not been previously obtained by the facility; (ii) Periodic reports as specified in § 60.115b of this chapter; and (iii) The number of equipment leaks not repaired within 5 days after detection. (3) Each owner or operator of a bulk gasoline terminal or pipeline breakout station subject to the provisions of this subpart shall submit an excess emissions report to the Administrator in accordance with § 63.10(e)(3), whether or not a CMS is installed at the facility. The following occurrences are excess emissions events under this subpart, and the following information shall be included in the excess emissions report, as applicable: (i) Each exceedance or failure to maintain, as appropriate, the monitored operating parameter value determined under § 63.425(b)(3). The report shall include the monitoring data for the days on which exceedances or failures to maintain have occurred, and a description and timing of the steps taken to repair or perform maintenance on the vapor collection and processing systems or the CMS. (ii) Each instance of a nonvapor-tight gasoline cargo tank loading at the facility in which the owner or operator failed to take steps to assure that such cargo tank would not be reloaded at the facility before vapor tightness documentation for that cargo tank was obtained. (iii) Each reloading of a nonvapor-tight gasoline cargo tank at the facility before vapor tightness documentation for that cargo tank is obtained by the facility in accordance with § 63.422(c). (iv) For each occurrence of an equipment leak for which no repair attempt was made within 5 days or for which repair was not completed within 15 days after detection: (A) The date on which the leak was detected; (B) The date of each attempt to repair the leak; (C) The reasons for the delay of repair; and (D) The date of successful repair. (4) Each owner or operator of a facility meeting the criteria in § 63.420(c) shall perform the requirements of this paragraph (l)(4), all of which will be available for public inspection: (i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to § 63.420(c) after December 16, 1996, or at startup for new facilities the methods, procedures, and assumptions supporting the calculations for determining criteria in § 63.420(c); (ii) Maintain records to document that the facility parameters established under § 63.420(c) have not been exceeded; and (iii) Report annually to the Administrator that the facility parameters established under § 63.420(c) have not been exceeded. (iv) At any time following the notification required under paragraph (l)(4)(i) of this section and approval by the Administrator of the facility parameters, and prior to any of the parameters being exceeded, the owner or operator may submit a report to request modification of any facility parameter to the Administrator for approval. Each such request shall document any expected HAP emission change resulting from the change in parameter. (5) Each owner or operator of a facility meeting the criteria in § 63.420(d) shall perform the requirements of this paragraph (l)(5), all of which will be available for public inspection: (i) Document and report to the Administrator not later than December 16, 1996, for existing facilities, within 30 days for existing facilities subject to § 63.420(d) after December 16, 1996, or at startup for new facilities the use of the emission screening equations in § 63.420(a)(1) or (b)(1) and the calculated value of E T P (ii) Maintain a record of the calculations in § 63.420 (a)(1) or (b)(1), including methods, procedures, and assumptions supporting the calculations for determining criteria in § 63.420(d); and (iii) At any time following the notification required under paragraph (l)(5)(i) of this section, and prior to any of the parameters being exceeded, the owner or operator may notify the Administrator of modifications to the facility parameters. Each such notification shall document any expected HAP emission change resulting from the change in parameter. (m) On or after May 8, 2027, you must submit to the Administrator semiannual reports with the applicable information in paragraphs (m)(1) through (8) of this section following the procedure specified in paragraph (n) of this section. (1) Report the following general facility information: (i) Facility name. (ii) Facility physical address, including city, county, and State. (iii) Latitude and longitude of facility's physical location. Coordinates must be in decimal degrees with at least five decimal places. (iv) The following information for the contact person: (A) Name. (B) Mailing address. (C) Telephone number. (D) Email address. (v) The type of facility (bulk gasoline terminal or pipeline breakout station). (vi) Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI. (vii) Statement by a responsible official, with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirement in this paragraph (m)(1)(vii). (2) For each thermal oxidation system used to comply with the emission limit in § 60.502a(c)(1) of this chapter by monitoring the combustion zone temperature as specified in § 60.502a(c)(1)(ii), for each pressure CPMS used to comply with the requirements in § 60.502a(h), and for each vapor recovery system used to comply with the emission limitations in § 60.502a(c)(2), report the following information for the CMS: (i) For all instances when the temperature CPMS measured 3-hour rolling averages below the established operating limit or when the vapor collection system pressure exceeded the maximum loading pressure specified in § 60.502a(h) of this chapter when liquid product was being loaded into gasoline cargo tanks or when the TOC CEMS measured 3-hour rolling average concentrations higher than the applicable emission limitation when the vapor recovery system was operating: (A) The date and start time of the deviation. (B) The duration of the deviation in hours. (C) Each 3-hour rolling average combustion zone temperature, average pressure, or 3-hour rolling average TOC concentration during the deviation. For TOC concentration, indicate whether methane is excluded from the TOC concentration. (D) A unique identifier for the CMS. (E) The make, model number, and date of last calibration check of the CMS. (F) The cause of the deviation and the corrective action taken. (ii) For all instances that the temperature CPMS for measuring the combustion zone temperature or pressure CPMS was not operating or out of control when liquid product was loaded into gasoline cargo tanks, or the TOC CEMS was not operating or was out of control when the vapor recovery system was operating: (A) The date and start time of the deviation. (B) The duration of the deviation in hours. (C) A unique identifier for the CMS. (D) The make, model number, and date of last calibration check of the CMS. (E) The cause of the deviation and the corrective action taken. For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, the corrective action taken shall include an indication of the use of the limited alternative for vapor recovery systems in § 60.504a(e). (F) For TOC CEMS outages where the limited alternative for vapor recovery systems in § 60.504a(e) of this chapter is used, report either an indication that there were no deviations from the operating limits when using the limited alternative or report the number of each of the following types of deviations that occurred during the use of the limited alternative for vapor recovery systems in § 60.504a(e). ( 1 ( 2 ( 3 ( 4 (3) For each flare used to comply with the emission limitations in § 60.502a(c)(3) of this chapter and for each thermal oxidation system using the flare monitoring alternative as provided in § 60.502a(c)(1)(iii), report: (i) The date and start and end times for each of the following instances: (A) Each 15-minute block during which there was at least one minute when gasoline vapors were routed to the flare and no pilot flame was present. (B) Each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. Additionally, report the number of minutes for which visible emissions were observed during the observation or an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible based on best information available to the owner or operator. (C) Each 15-minute period for which the applicable operating limits specified in § 63.670(d) through (f) were not met. You must identify the specific operating limit that was not met. Additionally, report the information in paragraphs (m)(3)(i)(C)( 1 3 ( 1 ( 2 ( 3 1 2 (ii) The start date, start time, and duration in minutes for each period when “vapors displaced from gasoline cargo tanks during product loading” were routed to the flare or thermal oxidation system and the applicable monitoring was not performed. (iii) For each instance reported under paragraphs (m)(3)(i) and (ii) of this section that involves CMS, report the following information: (A) A unique identifier for the CMS. (B) The make, model number, and date of last calibration check of the CMS. (C) The cause of the deviation or downtime and the corrective action taken. (4) For any instance in which liquid product was loaded into a gasoline cargo tank for which vapor tightness documentation required under § 60.502a(e)(1) of this chapter was not provided or available in the terminal's records, report: (i) Cargo tank owner and address. (ii) Cargo tank identification number. (iii) Date and time liquid product was loaded into a gasoline cargo tank without proper documentation. (iv) Date proper documentation was received or statement that proper documentation was never received. (5) For each instance when liquid product was loaded into gasoline cargo tanks not using submerged filling, as defined in § 63.421, not equipped with vapor collection equipment that is compatible with the terminal's vapor collection system, or not properly connected to the terminal's vapor collection system, report: (i) Date and time of liquid product loading into gasoline cargo tank not using submerged filling, improperly equipped, or improperly connected. (ii) The type of deviation ( e.g., (iii) Cargo tank identification number. (6) Report the following information for each leak inspection required and each leak identified under § 63.424(c) and § 60.503a(a)(2) of this chapter. (i) For each leak detected during a leak inspection required under § 63.424(c) and § 60.503a(a)(2) of this chapter, report: (A) The date of inspection. (B) The leak determination method (OGI or Method 21). (C) The total number and type of equipment for which leaks were detected. (D) The total number and type of equipment for which leaks were repaired within 15 calendar days. (E) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified. (F) The total number and types of equipment that were placed on the delay of repair, as specified in § 60.502a(j)(8) of this chapter. (ii) For leaks identified under § 63.424(c) by audio/visual/olfactory methods during normal duties report: (A) The total number and type of equipment for which leaks were identified. (B) The total number and type of equipment for which leaks were repaired within 15 calendar days. (C) The total number and type of equipment for which no repair attempt was made within 5 calendar days of the leaks being identified. (D) The total number and type of equipment placed on the delay of repair, as specified in § 60.502a(j)(8) of this chapter. (iii) The total number of leaks on the delay of repair list at the start of the reporting period. (iv) The total number of leaks on the delay of repair list at the end of the reporting period. (v) For each leak that was on the delay of repair list at any time during the reporting period, report: (A) Unique equipment identification number. (B) Type of equipment. (C) Leak determination method (OGI, Method 21, or audio/visual/olfactory). (D) The reason(s) why the repair was not feasible within 15 calendar days. (E) If applicable, the date repair was completed. (7) For each gasoline storage vessel subject to requirements in § 63.423, report: (i) The information specified in § 60.115b(a) or (b) of this chapter or deviations in measured parameter values from the plan specified in § 60.115b(c) of this chapter, depending upon the control equipment installed, or, if applicable, the information specified in § 63.1066(b). (ii) If you are complying with § 63.423(b)(2), for each deviation in LEL monitoring, report: (A) Date and start and end times of the LEL monitoring, and the storage vessel being monitored. (B) Description of the monitoring event, e.g., (C) Wind speed in miles per hour at the top of the storage vessel on the date of LEL monitoring. (D) The highest 5-minute rolling average reading during the monitoring event. (E) Whether the floating roof was repaired, replaced, or taken out of gasoline service. If the floating roof was repaired or replaced, also report the information in paragraphs (m)(7)(ii)(A) through (D) of this section for each re-monitoring conducted to confirm the repair. (8) If there were no deviations from the emission limitations, operating parameters, or work practice standards, then provide a statement that there were no deviations from the emission limitations, operating parameters, or work practice standards during the reporting period. If there were no periods during which a continuous monitoring system (including a CEMS or CPMS) was inoperable or out-of-control, then provide a statement that there were no periods during which a continuous monitoring system was inoperable or out-of-control during the reporting period. (n) Each owner or operator of an affected source under this subpart shall submit semiannual compliance reports with the information specified in paragraph (l) or (m) of this section to the Administrator according to the requirements in § 63.13. Beginning on May 8, 2027, or once the report template for this subpart has been available on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri [89 FR 39364, May 8, 2024] § 63.429 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.420, 63.422 through 63.423, and 63.424. Any owner or operator requesting to use an alternative means of emission limitation for storage vessels covered by § 63.423 must follow the procedures in § 63.426. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart, and any alternatives to § 63.427(a)(1) through (4) per § 63.427(a)(5). (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37348, June 23, 2003, as amended at 89 FR 39370, May 8, 2024] Table 1 to Subpart R of Part 63—General Provisions Applicability to This Subpart Table 1 to Subpart R of Part 63—General Provisions Applicability to This Subpart Reference Applies to this subpart Comment 63.1(a)(1) Yes. 63.1(a)(2) Yes. 63.1(a)(3) Yes. 63.1(a)(4) Yes. 63.1(a)(5) No Section reserved. 63.1(a)(6) Yes. 63.1(a)(7) through (9) No Sections reserved. 63.1(a)(10) Yes. 63.1(a)(11) Yes. 63.1(a)(12) Yes. 63.1(b)(1) No This subpart specifies applicability in § 63.420. 63.1(b)(2) Yes. 63.1(b)(3) Yes Except this subpart specifies additional reporting and recordkeeping for some large area sources in § 63.428. These additional requirements only apply prior to the date the applicability equations are no longer applicable. 63.1(c)(1) Yes. 63.1(c)(2) Yes Some small sources are not subject to this subpart. 63.1(c)(3) No Section reserved. 63.1(c)(4) No Section reserved. 63.1(c)(5) Yes. 63.1(c)(6) Yes. 63.1(d) No Section reserved. 63.1(e) Yes. 63.2 Yes Additional definitions in § 63.421. 63.3(a)-(c) Yes. 63.4(a)(1) and (2) Yes. 63.4(a)(3) through (5) No Sections reserved. 63.4(b) Yes. 63.4(c) Yes. 63.5(a)(1) Yes. 63.5(a)(2) Yes. 63.5(b)(1) Yes. 63.5(b)(2) No Section reserved. 63.5(b)(3) Yes. 63.5(b)(4) Yes. 63.5(b)(5) No Section reserved. 63.5(b)(6) Yes. 63.5(c) No Section reserved. 63.5(d)(1) Yes. 63.5(d)(2) Yes. 63.5(d)(3) Yes. 63.5(d)(4) Yes. 63.5(e) Yes. 63.5(f)(1) Yes. 63.5(f)(2) Yes. 63.6(a) Yes. 63.6(b)(1) Yes. 63.6(b)(2) Yes. 63.6(b)(3) Yes. 63.6(b)(4) Yes. 63.6(b)(5) Yes. 63.6(b)(6) No Section reserved. 63.6(b)(7) Yes. 63.6(c)(1) No This subpart specifies the compliance date. 63.6(c)(2) Yes. 63.6(c)(3) and (4) No Sections reserved. 63.6(c)(5) Yes. 63.6(d) No Section reserved. 63.6(e) No See § 62.420(k) for general duty requirement. 63.6(f)(1) No 63.6(f)(2) Yes. 63.6(f)(3) Yes. 63.6(g) Yes. 63.6(h) No This subpart does not require COMS; this subpart specifies requirements for visible emissions observations for flares. 63.6(i)(1) through (14) Yes. 63.6(i)(15) No Section reserved. 63.6(i)(16) Yes. 63.6(j) Yes. 63.7(a)(1) Yes. 63.7(a)(2) Yes. 63.7(a)(3) Yes. 63.7(a)(4) Yes. 63.7(b) Yes. 63.7(c) Yes. 63.7(d) Yes. 63.7(e)(1) No This subpart specifies performance test conditions. 63.7(e)(2) Yes. 63.7(e)(3) Yes. 63.7(e)(4) Yes. 63.7(f) Yes. 63.7(g) Yes Except this subpart specifies how and when the performance test and performance evaluation results are reported. 63.7(h) Yes. 63.8(a)(1) Yes. 63.8(a)(2) Yes. 63.8(a)(3) No Section reserved. 63.8(a)(4) Yes. 63.8(b)(1) Yes. 63.8(b)(2) Yes. 63.8(b)(3) Yes. 63.8(c)(1) introductory text Yes. 63.8(c)(1)(i) No 63.8(c)(1)(ii) Yes. 63.8(c)(1)(iii) No 63.8(c)(2) Yes. 63.8(c)(3) Yes. 63.8(c)(4) Yes. 63.8(c)(5) No This subpart does not require COMS. 63.8(c)(6) through (8) Yes. 63.8(d)(1) and (2) Yes. 63.8(d)(3) No This subpart specifies CMS records requirements. 63.8(e) Yes Except this subpart specifies how and when the performance evaluation results are reported. 63.8(f)(1) through (5) Yes. 63.8(f)(6) Yes. 63.8(g) Yes. 63.9(a) Yes. 63.9(b)(1) Yes. 63.9(b)(2) Yes Except this subpart allows additional time for existing sources to submit initial notification. Section 63.428(a) specifies submittal by 1 year after being subject to the rule or December 16, 1996, whichever is later. 63.9(b)(3) No Section reserved. 63.9(b)(4) Yes. 63.9(b)(5) Yes. 63.9(c) Yes. 63.9(d) Yes. 63.9(e) Yes. 63.9(f) No 63.9(g) Yes. 63.9(h)(1) through (3) Yes Except this subpart specifies how to submit the Notification of Compliance Status. 63.9(h)(4) No Section reserved. 63.9(h)(5) and (6) Yes. 63.9(i) Yes. 63.9(j) Yes. 63.9(k) Yes. 63.10(a) Yes. 63.10(b)(1) Yes. 63.10(b)(2)(i), (ii), (iv), and (v) No This subpart specifies recordkeeping requirements for deviations. 63.10(b)(2)(iii) and (vi) through (xiv) Yes. 63.10(b)(3) Yes. 63.10(c)(1) Yes. 63.10(c)(2) through (4) No Sections reserved. 63.10(c)(5) through (8) Yes. 63.10(c)(9) No. Section reserved. 63.10(c)(10) through (14) Yes. 63.10(c)(15) No 63.10(d)(1) Yes 63.10(d)(2) No This subpart specifies how and when the performance test results are reported. 63.10(d)(3) No This subpart specifies reporting requirements for visible emissions observations for flares. 63.10(d)(4) Yes. 63.10(d)(5) No 63.10(e)(1) Yes. 63.10(e)(2) through (4) No This subpart specifies reporting requirements for CMS and continuous opacity monitoring systems. 63.10(f) Yes. 63.11(a) and (b) Yes Except these provisions no longer apply upon compliance with the provisions in §§ 63.422(b)(2) and 63.425(d)(2) for flares to meet the requirements specified in §§ 60.502a(c)(3) and 60.504a(c) of this chapter. 63.11(c), (d), and (e) Yes Except these provisions do not apply to monitoring required under § 63.425(b)(1) or (c)(1) and these provisions no longer apply upon compliance with the provisions in § 63.424(c). 63.12 Yes. 63.13 Yes. 63.14 Yes. 63.15 Yes. 63.16 Yes. [89 FR 39370, May 8, 2024] Subpart S—National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry Source: 63 FR 18617, Apr. 15, 1998, unless otherwise noted. § 63.440 Applicability. (a) The provisions of this subpart apply to the owner or operator of processes that produce pulp, paper, or paperboard; that are located at a plant site that is a major source as defined in § 63.2 of subpart A of this part; and that use the following processes and materials: (1) Kraft, soda, sulfite, or semi-chemical pulping processes using wood; or (2) Mechanical pulping processes using wood; or (3) Any process using secondary or non-wood fibers. (b) The affected source to which the existing sourceprovisions of this subpart apply is as follows: (1) For the processes specified in paragraph (a)(1) of this section, the affected source is the total of all HAP emission points in the pulping and bleaching systems; or (2) For the processes specified in paragraphs (a)(2) or (a)(3) of this section, the affected source is the total of all HAP emission points in the bleaching system. (c) The new source provisions of this subpart apply to the total of all HAP emission points at new or existing sources as follows: (1) Each affected source defined in paragraph (b)(1) of this section that commences construction or reconstruction after December 17, 1993; (2) Each pulping system or bleaching system for the processes specified in paragraph (a)(1) of this section that commences construction or reconstruction after December 17, 1993; (3) Each additional pulping or bleaching line at the processes specified in paragraph (a)(1) of this section, that commences construction after December 17, 1993; (4) Each affected source defined in paragraph (b)(2) of this section that commences construction or reconstruction after March 8, 1996; or (5) Each additional bleaching line at the processes specified in paragraphs (a)(2) or (a)(3) of this section, that commences construction after March 8, 1996. (d) Each existing source shall achieve compliance no later than April 16, 2001, except as provided in paragraphs (d)(1) through (d)(3) of this section. (1) Each kraft pulping system shall achieve compliance with the pulping system provisions of § 63.443 for the equipment listed in § 63.443(a)(1)(ii) through (a)(1)(v) as expeditiously as practicable, but in no event later than April 17, 2006 and the owners and operators shall establish dates, update dates, and report the dates for the milestones specified in § 63.455(b). (2) Each dissolving-grade bleaching system at either kraft or sulfite pulping mills shall achieve compliance with the bleach plant provisions of § 63.445 of this subpart as expeditiously as practicable, but in no event later than 3 years after the promulgation of the revised effluent limitation guidelines and standards under 40 CFR 430.14 through 430.17 and 40 CFR 430.44 through 430.47. (3) Each bleaching system complying with the Voluntary Advanced Technology Incentives Program for Effluent Limitation Guidelines in 40 CFR 430.24, shall comply with the requirements specified in either paragraph (d)(3)(i) or (d)(3)(ii) of this section for the effluent limitation guidelines and standards in 40 CFR 430.24. (i) Comply with the bleach plant provisions of § 63.445 of this subpart as expeditiously as practicable, but in no event later than April 16, 2001. (ii) Comply with paragraphs (d)(3)(ii)(A), (d)(3)(ii)(B), and (d)(3)(ii)(C) of this section. (A) The owner or operator of a bleaching system shall comply with the bleach plant provisions of § 63.445 of this subpart as expeditiously as practicable, but in no event later than April 15, 2004. (B) The owner or operator of a bleaching system shall comply with the requirements specified in either paragraph (d)(3)(ii)(B)( 1 2 ( 1 ( 2 (C) Owners and operators shall establish dates, update dates, and report the dates for the milestones specified in § 63.455(b). (e) Each new source, specified as the total of all HAP emission points for the sources specified in paragraph (c) of this section, shall achieve compliance upon start-up or June 15, 1998, whichever is later, as provided in § 63.6(b) of subpart A of this part. (f) Each owner or operator of an affected source with affected process equipment shared by more than one type of pulping process, shall comply with the applicable requirement in this subpart that achieves the maximum degree of reduction in HAP emissions. (g) Each owner or operator of an affected source specified in paragraphs (a) through (c) of this section must comply with the requirements of subpart A—General Provisions of this part, as indicated in table 1 to this subpart. [63 FR 18617, Apr. 15, 1998, as amended at 63 FR 71389, Dec. 28, 1998] § 63.441 Definitions. All terms used in this subpart shall have the meaning given them in the CAA, in subpart A of this part, and in this section as follows: Acid condensate storage tank Affirmative defense Black liquor Bleaching Bleaching line Bleaching stage Bleaching system Boiler Chip steamer Closed-vent system Combustion device Decker system Digester system Emission point Evaporator system Flow indicator HAP High volume, low concentration or HVLC collection system High volume, low concentration or HVLC system Knotter system Kraft pulping Lime kiln Low volume, high concentration or LVHC collection system Low volume, high concentration or LVHC system Mechanical pulping Non-wood pulping Oven-dried pulp or ODP Oxygen delignification system Primary fuel Process wastewater treatment system Pulp washing system Pulping line Pulping process condensates Pulping system Recovery furnace Screen system Secondary fiber pulping Semi-chemical pulping Soda pulping Spent liquor Steam stripper system Strong liquor storage tanks Sulfite pulping Temperature monitoring device Thermal oxidizer Turpentine recovery system Weak liquor storage tank [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 77 FR 55710, Sept. 11, 2012] § 63.442 [Reserved] § 63.443 Standards for the pulping system at kraft, soda, and semi-chemical processes. (a) The owner or operator of each pulping system using the kraft process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems, as specified in paragraphs (c) and (d) of this section. (1) At existing affected sources, the total HAP emissions from the following equipment systems shall be controlled: (i) Each LVHC system; (ii) Each knotter or screen system with total HAP mass emission rates greater than or equal to the rates specified in paragraphs (a)(1)(ii)(A) or (a)(1)(ii)(B) of this section or the combined rate specified in paragraph (a)(1)(ii)(C) of this section. (A) Each knotter system with emissions of 0.05 kilograms or more of total HAP per megagram of ODP (0.1 pounds per ton). (B) Each screen system with emissions of 0.10 kilograms or more of total HAP per megagram of ODP (0.2 pounds per ton). (C) Each knotter and screen system with emissions of 0.15 kilograms or more of total HAP per megagram of ODP (0.3 pounds per ton). (iii) Each pulp washing system; (iv) Each decker system that: (A) Uses any process water other than fresh water or paper machine white water; or (B) Uses any process water with a total HAP concentration greater than 400 parts per million by weight; and (v) Each oxygen delignification system. (2) At new affected sources, the total HAP emissions from the equipment systems listed in paragraphs (a)(1)(i), (a)(1)(iii), and (a)(1)(v) of this section and the following equipment systems shall be controlled: (i) Each knotter system; (ii) Each screen system; (iii) Each decker system; and (iv) Each weak liquor storage tank. (b) The owner or operator of each pulping system using a semi-chemical or soda process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (c) and (d) of this section. (1) At each existing affected source, the total HAP emissions from each LVHC system shall be controlled. (2) At each new affected source, the total HAP emissions from each LVHC system and each pulp washing system shall be controlled. (c) Equipment systems listed in paragraphs (a) and (b) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (d) of this section. The enclosures and closed-vent system shall meet the requirements specified in § 63.450. (d) The control device used to reduce total HAP emissions from each equipment system listed in paragraphs (a) and (b) of this section shall: (1) Reduce total HAP emissions by 98 percent or more by weight; or (2) Reduce the total HAP concentration at the outlet of the thermal oxidizer to 20 parts per million or less by volume, corrected to 10 percent oxygen on a dry basis; or (3) Reduce total HAP emissions using a thermal oxidizer designed and operated at a minimum temperature of 871 °C (1600 °F) and a minimum residence time of 0.75 seconds; or (4) Reduce total HAP emissions using one of the following: (i) A boiler, lime kiln, or recovery furnace by introducing the HAP emission stream with the primary fuel or into the flame zone; or (ii) A boiler or recovery furnace with a heat input capacity greater than or equal to 44 megawatts (150 million British thermal units per hour) by introducing the HAP emission stream with the combustion air. (e) Periods of excess emissions reported under § 63.455 shall not be a violation of § 63.443(c) and (d) provided that the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed the following levels: (1) One percent for control devices used to reduce the total HAP emissions from the LVHC system; and (2) Four percent for control devices used to reduce the total HAP emissions from the HVLC system; and (3) Four percent for control devices used to reduce the total HAP emissions from both the LVHC and HVLC systems. [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 66 FR 80762, Dec. 22, 2000; 77 FR 55710, Sept. 11, 2012] § 63.444 Standards for the pulping system at sulfite processes. (a) The owner or operator of each sulfite process subject to the requirements of this subpart shall control the total HAP emissions from the following equipment systems as specified in paragraphs (b) and (c) of this section. (1) At existing sulfite affected sources, the total HAP emissions from the following equipment systems shall be controlled: (i) Each digester system vent; (ii) Each evaporator system vent; and (iii) Each pulp washing system. (2) At new affected sources, the total HAP emissions from the equipment systems listed in paragraph (a)(1) of this section and the following equipment shall be controlled: (i) Each weak liquor storage tank; (ii) Each strong liquor storage tank; and (iii) Each acid condensate storage tank. (b) Equipment listed in paragraph (a) of this section shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (c) of this section. The enclosures and closed-vent system shall meet the requirements specified in § 63.450. Emissions from equipment listed in paragraph (a) of this section that is not necessary to be reduced to meet paragraph (c) of this section is not required to be routed to a control device. (c) The total HAP emissions from both the equipment systems listed in paragraph (a) of this section and the vents, wastewater, and condensate streams from the control device used to reduce HAP emissions, shall be controlled as follows. (1) Each calcium-based or sodium-based sulfite pulping process shall: (i) Emit no more than 0.44 kilograms of total HAP or methanol per megagram (0.89 pounds per ton) of ODP; or (ii) Remove 92 percent or more by weight of the total HAP or methanol. (2) Each magnesium-based or ammonium-based sulfite pulping process shall: (i) Emit no more than 1.1 kilograms of total HAP or methanol per megagram (2.2 pounds per ton) of ODP; or (ii) Remove 87 percent or more by weight of the total HAP or methanol. § 63.445 Standards for the bleaching system. (a) Each bleaching system that does not use any chlorine or chlorinated compounds for bleaching is exempt from the requirements of this section. Owners or operators of the following bleaching systems shall meet all the provisions of this section: (1) Bleaching systems that use chlorine; (2) Bleaching systems bleaching pulp from kraft, sulfite, or soda pulping processes that use any chlorinated compounds; or (3) Bleaching systems bleaching pulp from mechanical pulping processes using wood or from any process using secondary or non-wood fibers, that use chlorine dioxide. (b) The equipment at each bleaching stage, of the bleaching systems listed in paragraph (a) of this section, where chlorinated compounds are introduced shall be enclosed and vented into a closed-vent system and routed to a control device that meets the requirements specified in paragraph (c) of this section. The enclosures and closed-vent system shall meet the requirements specified in § 63.450. If process modifications are used to achieve compliance with the emission limits specified in paragraphs (c)(2) or (c)(3), enclosures and closed-vent systems are not required, unless appropriate. (c) The control device used to reduce chlorinated HAP emissions (not including chloroform) from the equipment specified in paragraph (b) of this section shall: (1) Reduce the total chlorinated HAP mass in the vent stream entering the control device by 99 percent or more by weight; (2) Achieve a treatment device outlet concentration of 10 parts per million or less by volume of total chlorinated HAP; or (3) Achieve a treatment device outlet mass emission rate of 0.001 kg of total chlorinated HAP mass per megagram (0.002 pounds per ton) of ODP. (d) The owner or operator of each bleaching system subject to paragraph (a)(2) of this section shall comply with paragraph (d)(1) or (d)(2) of this section to reduce chloroform air emissions to the atmosphere, except the owner or operator of each bleaching system complying with extended compliance under § 63.440(d)(3)(ii) shall comply with paragraph (d)(1) of this section. (1) Comply with the following applicable effluent limitation guidelines and standards specified in 40 CFR part 430: (i) Dissolving-grade kraft bleaching systems and lines, 40 CFR 430.14 through 430.17; (ii) Paper-grade kraft and soda bleaching systems and lines, 40 CFR 430.24(a)(1) and (e), and 40 CFR 430.26 (a) and (c); (iii) Dissolving-grade sulfite bleaching systems and lines, 40 CFR 430.44 through 430.47; or (iv) Paper-grade sulfite bleaching systems and lines, 40 CFR 430.54(a) and (c), and 430.56(a) and (c). (2) Use no hypochlorite or chlorine for bleaching in the bleaching system or line. [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999] § 63.446 Standards for kraft pulping process condensates. (a) The requirements of this section apply to owners or operators of kraft processes subject to the requirements of this subpart. (b) The pulping process condensates from the following equipment systems shall be treated to meet the requirements specified in paragraphs (c), (d), and (e) of this section: (1) Each digester system; (2) Each turpentine recovery system; (3) Each evaporator system condensate from: (i) The vapors from each stage where weak liquor is introduced (feed stages); and (ii) Each evaporator vacuum system for each stage where weak liquor is introduced (feed stages). (4) Each HVLC collection system; and (5) Each LVHC collection system. (c) One of the following combinations of HAP-containing pulping process condensates generated, produced, or associated with the equipment systems listed in paragraph (b) of this section shall be subject to the requirements of paragraphs (d) and (e) of this section: (1) All pulping process condensates from the equipment systems specified in paragraphs (b)(1) through (b)(5) of this section. (2) The combined pulping process condensates from the equipment systems specified in paragraphs (b)(4) and (b)(5) of this section, plus pulping process condensate stream(s) that in total contain at least 65 percent of the total HAP mass from the pulping process condensates from equipment systems listed in paragraphs (b)(1) through (b)(3) of this section. (3) The pulping process condensates from equipment systems listed in paragraphs (b)(1) through (b)(5) of this section that in total contain a total HAP mass of 3.6 kilograms or more of total HAP per megagram (7.2 pounds per ton) of ODP for mills that do not perform bleaching or 5.5 kilograms or more of total HAP per megagram (11.1 pounds per ton) of ODP for mills that perform bleaching. (d) The pulping process condensates from the equipment systems listed in paragraph (b) of this section shall be conveyed in a closed collection system that is designed and operated to meet the requirements specified in paragraphs (d)(1) and (d)(2) of this section. (1) Each closed collection system shall meet the individual drain system requirements specified in §§ 63.960, 63.961, and 63.962 of subpart RR of this part, except for closed vent systems and control devices shall be designed and operated in accordance with §§ 63.443(d) and 63.450, instead of in accordance with § 63.693 as specified in § 63.962 (a)(3)(ii), (b)(3)(ii)(A), and (b)(5)(iii); and (2) If a condensate tank is used in the closed collection system, the tank shall meet the following requirements: (i) The fixed roof and all openings (e.g., access hatches, sampling ports, gauge wells) shall be designed and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million above background, and vented into a closed-vent system that meets the requirements in § 63.450 and routed to a control device that meets the requirements in § 63.443(d); and (ii) Each opening shall be maintained in a closed, sealed position (e.g., covered by a lid that is gasketed and latched) at all times that the tank contains pulping process condensates or any HAP removed from a pulping process condensate stream except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair. (e) Each pulping process condensate from the equipment systems listed in paragraph (b) of this section shall be treated according to one of the following options: (1) Recycle the pulping process condensate to an equipment system specified in § 63.443(a) meeting the requirements specified in § 63.443(c) and (d); or (2) Discharge the pulping process condensate below the liquid surface of a biological treatment system and treat the pulping process condensates to meet the requirements specified in paragraph (e)(3), (4), or (5) of this section, and total HAP shall be measured as specified in § 63.457(g); or (3) Treat the pulping process condensates to reduce or destroy the total HAPs by at least 92 percent or more by weight; or (4) At mills that do not perform bleaching, treat the pulping process condensates to remove 3.3 kilograms or more of total HAP per megagram (6.6 pounds per ton) of ODP, or achieve a total HAP concentration of 210 parts per million or less by weight at the outlet of the control device; or (5) At mills that perform bleaching, treat the pulping process condensates to remove 5.1 kilograms or more of total HAP per megagram (10.2 pounds per ton) of ODP, or achieve a total HAP concentration of 330 parts per million or less by weight at the outlet of the control device. (f) Each HAP removed from a pulping process condensate stream during treatment and handling under paragraphs (d) or (e) of this section, except for those treated according to paragraph (e)(2) of this section, shall be controlled as specified in § 63.443(c) and (d). (g) For each control device (e.g., steam stripper system or other equipment serving the same function) used to treat pulping process condensates to comply with the requirements specified in paragraphs (e)(3) through (5) of this section, periods of excess emissions reported under § 63.455 shall not be a violation of paragraphs (d), (e)(3) through (5), and (f) of this section provided that the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed 10 percent. The 10 percent excess emissions allowance does not apply to treatment of pulping process condensates according to paragraph (e)(2) of this section (e.g., the biological wastewater treatment system used to treat multiple (primarily non-condensate) wastewater streams to comply with the Clean Water Act). (h) Each owner or operator of a new or existing affected source subject to the requirements of this section shall evaluate all new or modified pulping process condensates or changes in the annual bleached or non-bleached ODP used to comply with paragraph (i) of this section, to determine if they meet the applicable requirements of this section. (i) For the purposes of meeting the requirements in paragraph (c)(2) or (3) or paragraph (e)(4) or (5) of this section at mills producing both bleached and unbleached pulp products, owners and operators may meet a prorated mass standard that is calculated by prorating the applicable mass standards (kilograms of total HAP per megagram of ODP) for bleached and unbleached mills specified in paragraph (c)(2) or (3) or paragraph (e)(4) or (5) of this section by the ratio of annual megagrams of bleached and unbleached ODP. [63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 63 FR 49459, Sept. 16, 1998; 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012] § 63.447 Clean condensate alternative. As an alternative to the requirements specified in § 63.443(a)(1)(ii) through (a)(1)(v) for the control of HAP emissions from pulping systems using the kraft process, an owner or operator must demonstrate to the satisfaction of the Administrator, by meeting all the requirements below, that the total HAP emissions reductions achieved by this clean condensate alternative technology are equal to or greater than the total HAP emission reductions that would have been achieved by compliance with § 63.443(a)(1)(ii) through (a)(1)(v). (a) For the purposes of this section only the following additional definitions apply. (1) Clean condensate alternative affected source (2) Causticizing system (3) Papermaking system (b) Each owner or operator shall install and operate a clean condensate alternative technology with a continuous monitoring system to reduce total HAP emissions by treating and reducing HAP concentrations in the pulping process water used within the clean condensate alternative affected source. (c) Each owner or operator shall calculate HAP emissions on a kilogram per megagram of ODP basis and measure HAP emissions according to the appropriate procedures contained in § 63.457. (d) Each owner or operator shall determine the baseline HAP emissions for each equipment system and the total of all equipment systems in the clean condensate alternative affected source based on the following: (1) Process and air pollution control equipment installed and operating on December 17, 1993, and (2) Compliance with the following requirements that affect the level of HAP emissions from the clean condensate alternative affected source: (i) The pulping process condensates requirements in § 63.446; (ii) The applicable effluent limitation guidelines and standards in 40 CFR part 430, subparts A, B, D, and E; and (iii) All other applicable requirements of local, State, or Federal agencies or statutes. (e) Each owner or operator shall determine the following HAP emission reductions from the baseline HAP emissions determined in paragraph (d) of this section for each equipment system and the total of all equipment systems in the clean condensate alternative affected source: (1) The HAP emission reduction occurring by complying with the requirements of § 63.443(a)(1)(ii) through (a)(1)(v); and (2) The HAP emissions reduction occurring by complying with the clean condensate alternative technology. (f) For the purposes of all requirements in this section, each owner or operator may use as an alternative, individual equipment systems (instead of total of all equipment systems) within the clean condensate alternative affected source to determine emissions and reductions to demonstrate equal or greater than the reductions that would have been achieved by compliance with § 63.443(a)(1)(ii) through (a)(1)(v). (g) The initial and updates to the control strategy report specified in § 63.455(b) shall include to the extent possible the following information: (1) A detailed description of: (i) The equipment systems and emission points that comprise the clean condensate alternative affected source; (ii) The air pollution control technologies that would be used to meet the requirements of § 63.443(a)(1)(ii) through (a)(1)(v); and (iii) The clean condensate alternative technology to be used. (2) Estimates and basis for the estimates of total HAP emissions and emission reductions to fulfill the requirements of paragraphs (d), (e), and (f) of this section. (h) Each owner or operator shall report to the Administrator by the applicable compliance date specified in § 63.440(d) or (e) the rationale, calculations, test procedures, and data documentation used to demonstrate compliance with all the requirements of this section. [63 FR 18617, Apr. 15, 1998; 63 FR 42239, Aug. 7, 1998, as amended at 64 FR 17563, Apr. 12, 1999] §§ 63.448-63.449 [Reserved] § 63.450 Standards for enclosures and closed-vent systems. (a) Each enclosure and closed-vent system specified in §§ 63.443(c), 63.444(b), and 63.445(b) for capturing and transporting vent streams that contain HAP shall meet the requirements specified in paragraphs (b) through (d) of this section. (b) Each enclosure shall maintain negative pressure at each enclosure or hood opening as demonstrated by the procedures specified in § 63.457(e). Each enclosure or hood opening closed during the initial performance test specified in § 63.457(a) shall be maintained in the same closed and sealed position as during the performance test at all times except when necessary to use the opening for sampling, inspection, maintenance, or repairs. (c) Each component of the closed-vent system used to comply with §§ 63.443(c), 63.444(b), and 63.445(b) that is operated at positive pressure and located prior to a control device shall be designed for and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million by volume above background, as measured by the procedures specified in § 63.457(d). (d) Each bypass line in the closed-vent system that could divert vent streams containing HAP to the atmosphere without meeting the emission limitations in §§ 63.443, 63.444, or 63.445 shall comply with either of the following requirements: (1) On each bypass line, the owner or operator shall install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that is capable of taking periodic readings as frequently as specified in § 63.454(e). The flow indicator shall be installed in the bypass line in such a way as to indicate flow in the bypass line; or (2) For bypass line valves that are not computer controlled, the owner or operator shall maintain the bypass line valve in the closed position with a car seal or a seal placed on the valve or closure mechanism in such a way that valve or closure mechanism cannot be opened without breaking the seal. [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 68 FR 37348, June 23, 2003] §§ 63.451-63.452 [Reserved] § 63.453 Monitoring requirements. (a) Each owner or operator subject to the standards specified in §§ 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 63.446(c), (d), and (e), 63.447(b) or § 63.450(d), shall install, calibrate, certify, operate, and maintain according to the manufacturer's specifications, a continuous monitoring system (CMS, as defined in § 63.2 of this part) as specified in paragraphs (b) through (m) of this section, except as allowed in paragraph (m) of this section. The CMS shall include a continuous recorder. (b) A CMS shall be operated to measure the temperature in the firebox or in the ductwork immediately downstream of the firebox and before any substantial heat exchange occurs for each thermal oxidizer used to comply with the requirements of § 63.443(d)(1) through (d)(3). Owners and operators complying with the HAP concentration requirements in § 63.443(d)(2) may install a CMS to monitor the thermal oxidizer outlet total HAP or methanol concentration, as an alternative to monitoring thermal oxidizer operating temperature. (c) A CMS shall be operated to measure the following parameters for each gas scrubber used to comply with the bleaching system requirements of § 63.445(c) or the sulfite pulping system requirements of § 63.444(c). (1) The pH or the oxidation/reduction potential of the gas scrubber effluent; (2) The gas scrubber vent gas inlet flow rate; and (3) The gas scrubber liquid influent flow rate. (d) As an option to the requirements specified in paragraph (c) of this section, a CMS shall be operated to measure the chlorine outlet concentration of each gas scrubber used to comply with the bleaching system outlet concentration requirement specified in § 63.445(c)(2). (e) The owner or operator of a bleaching system complying with 40 CFR 430.24, shall monitor the chlorine and hypochlorite application rates, in kg of bleaching agent per megagram of ODP, of the bleaching system during the extended compliance period specified in § 63.440(d)(3). (f) A CMS shall be operated to measure the gas scrubber parameters specified in paragraphs (c)(1) through (c)(3) of this section or those site specific parameters determined according to the procedures specified in paragraph (n) of this section to comply with the sulfite pulping system requirements specified in § 63.444(c). (g) A CMS shall be operated to measure the following parameters for each steam stripper used to comply with the treatment requirements in § 63.446(e) (3), (4), or (5): (1) The process wastewater feed rate; (2) The steam feed rate; and (3) The process wastewater column feed temperature. (h) As an option to the requirements specified in paragraph (g) of this section, a CMS shall be operated to measure the methanol outlet concentration to comply with the steam stripper outlet concentration requirement specified in § 63.446 (e)(4) or (e)(5). (i) A CMS shall be operated to measure the appropriate parameters determined according to the procedures specified in paragraph (n) of this section to comply with the condensate applicability requirements specified in § 63.446(c). (j) Each owner or operator using an open biological treatment system to comply with § 63.446(e)(2) shall perform the daily monitoring procedures specified in either paragraph (j)(1) or (2) of this section and shall conduct a performance test each quarter using the procedures specified in paragraph (j)(3) of this section. (1) Comply with the monitoring and sampling requirements specified in paragraphs (j)(1)(i) and (ii) of this section. (i) On a daily basis, monitor the following parameters for each open biological treatment unit: (A) Composite daily sample of outlet soluble BOD 5 (B) Mixed liquor volatile suspended solids; (C) Horsepower of aerator unit(s); (D) Inlet liquid flow; and (E) Liquid temperature. (ii) If the Inlet and Outlet Concentration Measurement Procedure (Procedure 3) in appendix C of this part is used to determine the fraction of HAP compounds degraded in the biological treatment system as specified in § 63.457(l), conduct the sampling and archival requirements specified in paragraphs (j)(1)(ii)(A) and (B) of this section. (A) Obtain daily inlet and outlet liquid grab samples from each biological treatment unit to have HAP data available to perform quarterly performance tests specified in paragraph (j)(3) of this section and the compliance tests specified in paragraph (p) of this section. (B) Store the samples as specified in § 63.457(n) until after the results of the soluble BOD 5 5 5 (2) As an alternative to the monitoring requirements of paragraph (j)(1) of this section, conduct daily monitoring of the site-specific parameters established according to the procedures specified in paragraph (n) of this section. (3) Conduct a performance test as specified in § 63.457(l) within 45 days after the beginning of each quarter and meet the applicable emission limit in § 63.446(e)(2). (i) The performance test conducted in the first quarter (annually) shall be performed for total HAP as specified in § 63.457(g) and meet the percent reduction or mass removal emission limit specified in § 63.446(e)(2). (ii) The remaining quarterly performance tests shall be performed as specified in paragraph (j)(3)(i) of this section except owners or operators may use the applicable methanol procedure in § 63.457(l)(1) or (2) and the value of r determined during the first quarter test instead of measuring the additional HAP to determine a new value of r. (k) Each enclosure and closed-vent system used to comply with § 63.450(a) shall comply with the requirements specified in paragraphs (k)(1) through (k)(6) of this section. (1) For each enclosure opening, a visual inspection of the closure mechanism specified in § 63.450(b) shall be performed at least once every 30 days to ensure the opening is maintained in the closed position and sealed. (2) Each closed-vent system required by § 63.450(a) shall be visually inspected every 30 days and at other times as requested by the Administrator. The visual inspection shall include inspection of ductwork, piping, enclosures, and connections to covers for visible evidence of defects. (3) For positive pressure closed-vent systems or portions of closed-vent systems, demonstrate no detectable leaks as specified in § 63.450(c) measured initially and annually by the procedures in § 63.457(d). (4) Demonstrate initially and annually that each enclosure opening is maintained at negative pressure as specified in § 63.457(e). (5) The valve or closure mechanism specified in § 63.450(d)(2) shall be inspected at least once every 30 days to ensure that the valve is maintained in the closed position and the emission point gas stream is not diverted through the bypass line. (6) If an inspection required by paragraphs (k)(1) through (k)(5) of this section identifies visible defects in ductwork, piping, enclosures or connections to covers required by § 63.450, or if an instrument reading of 500 parts per million by volume or greater above background is measured, or if enclosure openings are not maintained at negative pressure, then the following corrective actions shall be taken as soon as practicable. (i) A first effort to repair or correct the closed-vent system shall be made as soon as practicable but no later than 5 calendar days after the problem is identified. (ii) The repair or corrective action shall be completed no later than 15 calendar days after the problem is identified. Delay of repair or corrective action is allowed if the repair or corrective action is technically infeasible without a process unit shutdown or if the owner or operator determines that the emissions resulting from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown. (l) Each pulping process condensate closed collection system used to comply with § 63.446(d) shall comply with the requirements specified in paragraphs (l)(1) through (l)(3) of this section. (1) Each pulping process condensate closed collection system shall be visually inspected every 30 days and shall comply with the inspection and monitoring requirements specified in § 63.964 of subpart RR of this part, except: (i) Owners or operators shall comply with the recordkeeping requirements of § 63.454 instead of the requirements specified in § 63.964(a)(1)(vi) and (b)(3) of subpart RR of this part. (ii) Owners or operators shall comply with the inspection and monitoring requirements for closed-vent systems and control devices specified in paragraphs (a) and (k) of this section instead of the requirements specified in § 63.964(a)(2) of subpart RR of this part. (2) Each condensate tank used in the closed collection system shall be operated with no detectable leaks as specified in § 63.446(d)(2)(i) measured initially and annually by the procedures specified in § 63.457(d). (3) If an inspection required by this section identifies visible defects in the closed collection system, or if an instrument reading of 500 parts per million or greater above background is measured, then corrective actions specified in § 63.964(b) of subpart RR of this part shall be taken. (m) Each owner or operator using a control device, technique or an alternative parameter other than those specified in paragraphs (b) through (l) of this section shall install a CMS and establish appropriate operating parameters to be monitored that demonstrate, to the Administrator's satisfaction, continuous compliance with the applicable control requirements. (n) To establish or reestablish the value for each operating parameter required to be monitored under paragraphs (b) through (j), (l), and (m) of this section or to establish appropriate parameters for paragraphs (f), (i), (j)(2), and (m) of this section, each owner or operator shall use the following procedures: (1) During the initial performance test required in § 63.457(a) or any subsequent performance test, continuously record the operating parameter; (2) Determinations shall be based on the control performance and parameter data monitored during the performance test, supplemented if necessary by engineering assessments and the manufacturer's recommendations; (3) The owner or operator shall provide for the Administrator's approval the rationale for selecting the monitoring parameters necessary to comply with paragraphs (f), (i), and (m) of this section; and (4) Provide for the Administrator's approval the rationale for the selected operating parameter value, and monitoring frequency, and averaging time. Include all data and calculations used to develop the value and a description of why the value, monitoring frequency, and averaging time demonstrate continuous compliance with the applicable emission standard. (o) Each owner or operator of a control device subject to the monitoring provisions of this section shall operate the control device in a manner consistent with the minimum or maximum (as appropriate) operating parameter value or procedure required to be monitored under paragraphs (a) through (n) of this section and established under this subpart. Except as provided in paragraph (p) of this section, § 63.443(e), or § 63.446(g), operation of the control device below minimum operating parameter values or above maximum operating parameter values established under this subpart or failure to perform procedures required by this subpart shall constitute a violation of the applicable emission standard of this subpart and be reported as a period of excess emissions. (p) The procedures of this paragraph apply to each owner or operator of an open biological treatment system complying with paragraph (j) of this section whenever a monitoring parameter excursion occurs, and the owner or operator chooses to conduct a performance test to demonstrate compliance with the applicable emission limit. A monitoring parameter excursion occurs whenever the monitoring parameters specified in paragraphs (j)(1)(i)(A) through (C) of this section or any of the monitoring parameters specified in paragraph (j)(2) of this section are below minimum operating parameter values or above maximum operating parameter values established in paragraph (n) of this section. (1) As soon as practical after the beginning of the monitoring parameter excursion, the following requirements shall be met: (i) Before the steps in paragraph (p)(1)(ii) or (iii) of this section are performed, all sampling and measurements necessary to meet the requirements in paragraph (p)(2) of this section shall be conducted. (ii) Steps shall be taken to repair or adjust the operation of the process to end the parameter excursion period. (iii) Steps shall be taken to minimize total HAP emissions to the atmosphere during the parameter excursion period. (2) A parameter excursion is not a violation of the applicable emission standard if the results of the performance test conducted using the procedures in this paragraph demonstrate compliance with the applicable emission limit in § 63.446(e)(2). (i) Conduct a performance test as specified in § 63.457 using the monitoring data specified in paragraph (j)(1) or (2) of this section that coincides with the time of the parameter excursion. No maintenance or changes shall be made to the open biological treatment system after the beginning of a parameter excursion that would influence the results of the performance test. (ii) If the results of the performance test specified in paragraph (p)(2)(i) of this section demonstrate compliance with the applicable emission limit in § 63.446(e)(2), then the parameter excursion is not a violation of the applicable emission limit. (iii) If the results of the performance test specified in paragraph (p)(2)(i) of this section do not demonstrate compliance with the applicable emission limit in § 63.446(e)(2) because the total HAP mass entering the open biological treatment system is below the level needed to demonstrate compliance with the applicable emission limit in § 63.446(e)(2), then the owner or operator shall perform the following comparisons: (A) If the value of f bio (B) If the value of f bio (iv) The results of the performance test specified in paragraph (p)(2)(i) of this section shall be recorded as specified in § 63.454(f). (3) If an owner or operator determines that performing the required procedures under paragraph (p)(2) of this section for a nonthoroughly mixed open biological system would expose a worker to dangerous, hazardous, or otherwise unsafe conditions, all of the following procedures shall be performed: (i) Calculate the mass removal or percent reduction value using the procedures specified in § 63.457(l) except the value for f bio (ii) Repeat the procedures in paragraph (p)(3)(i) of this section for every day until the unsafe conditions have passed. (iii) A parameter excursion is a violation of the standard if the percent reduction or mass removal determined in paragraph (p)(3)(i) of this section is less than the percent reduction or mass removal standards specified in § 63.446(e)(2), as appropriate, unless the value of f bio bio (iv) The determination that there is a condition that exposes a worker to dangerous, hazardous, or otherwise unsafe conditions shall be documented according to requirements in § 63.454(e) and reporting in § 63.455(f). (v) The requirements of paragraphs (p)(1) and (2) of this section shall be performed and met as soon as practical but no later than 24 hours after the conditions have passed that exposed a worker to dangerous, hazardous, or otherwise unsafe conditions. (q) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17563, Apr. 12, 1999; 65 FR 80762, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012] § 63.454 Recordkeeping requirements. (a) The owner or operator of each affected source subject to the requirements of this subpart shall comply with the recordkeeping requirements of § 63.10, as shown in Table 1 of this subpart, and the requirements specified in paragraphs (b) through (g) of this section for the monitoring parameters specified in § 63.453. (b) For each applicable enclosure opening, closed-vent system, and closed collection system, the owner or operator shall prepare and maintain a site-specific inspection plan including a drawing or schematic of the components of applicable affected equipment and shall record the following information for each inspection: (1) Date of inspection; (2) The equipment type and identification; (3) Results of negative pressure tests for enclosures; (4) Results of leak detection tests; (5) The nature of the defect or leak and the method of detection (i.e., visual inspection or instrument detection); (6) The date the defect or leak was detected and the date of each attempt to repair the defect or leak; (7) Repair methods applied in each attempt to repair the defect or leak; (8) The reason for the delay if the defect or leak is not repaired within 15 days after discovery; (9) The expected date of successful repair of the defect or leak if the repair is not completed within 15 days; (10) The date of successful repair of the defect or leak; (11) The position and duration of opening of bypass line valves and the condition of any valve seals; and (12) The duration of the use of bypass valves on computer controlled valves. (c) The owner or operator of a bleaching system complying with § 63.440(d)(3)(ii)(B) shall record the daily average chlorine and hypochlorite application rates, in kg of bleaching agent per megagram of ODP, of the bleaching system until the requirements specified in § 63.440(d)(3)(ii)(A) are met. (d) The owner or operator shall record the CMS parameters specified in § 63.453 and meet the requirements specified in paragraph (a) of this section for any new affected process equipment or pulping process condensate stream that becomes subject to the standards in this subpart due to a process change or modification. (e) The owner or operator shall set the flow indicator on each bypass line specified in § 63.450(d)(1) to provide a record of the presence of gas stream flow in the bypass line at least once every 15 minutes. (f) The owner or operator of an open biological treatment system complying with § 63.453(p) shall prepare a written record specifying the results of the performance test specified in § 63.453(p)(2). (g) Recordkeeping of malfunctions. (1) Records of the occurrence and duration of each malfunction of operation (i.e., process equipment) or the air pollution control and monitoring equipment. (2) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.453(q), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. [63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 68 FR 37348, June 23, 2003; 77 FR 55711, Sept. 11, 2012] § 63.455 Reporting requirements. (a) Each owner or operator of a source subject to this subpart shall comply with the reporting requirements of subpart A of this part as specified in Table 1 to subpart S of part 63 and all the following requirements in this section. The initial notification report specified under § 63.9(b)(2) of subpart A of this part shall be submitted by April 15, 1999, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (b) Each owner or operator of a kraft pulping system specified in § 63.440(d)(1) or a bleaching system specified in § 63.440(d)(3)(ii) shall submit, with the initial notification report specified under § 63.9(b)(2) of subpart A of this part and paragraph (a) of this section and update every two years thereafter, a non-binding control strategy report containing, at a minimum, the information specified in paragraphs (b)(1) through (b)(3) of this section in addition to the information required in § 63.9(b)(2) of subpart A of this part. (1) A description of the emission controls or process modifications selected for compliance with the control requirements in this standard. (2) A compliance schedule, including the dates by which each step toward compliance will be reached for each emission point or sets of emission points. At a minimum, the list of dates shall include: (i) The date by which the major study(s) for determining the compliance strategy will be completed; (ii) The date by which contracts for emission controls or process modifications will be awarded, or the date by which orders will be issued for the purchase of major components to accomplish emission controls or process changes; (iii) The date by which on-site construction, installation of emission control equipment, or a process change is to be initiated; (iv) The date by which on-site construction, installation of emissions control equipment, or a process change is to be completed; (v) The date by which final compliance is to be achieved; (vi) For compliance with paragraph § 63.440(d)(3)(ii), the tentative dates by which compliance with effluent limitation guidelines and standards intermediate pollutant load effluent reductions and as available, all the dates for the best available technology's milestones reported in the National Pollutant Discharge Elimination System authorized under section 402 of the Clean Water Act and for the best professional milestones in the Voluntary Advanced Technology Incentives Program under 40 CFR 430.24 (b)(2); and (vii) The date by which the final compliance tests will be performed. (3) Until compliance is achieved, revisions or updates shall be made to the control strategy report required by paragraph (b) of this section indicating the progress made towards completing the installation of the emission controls or process modifications during the 2-year period. (c) The owner or operator of each bleaching system complying with § 63.440(d)(3)(ii)(B) shall certify in the report specified under § 63.10(e)(3) of subpart A of this part that the daily application rates of chlorine and hypochlorite for that bleaching system have not increased as specified in § 63.440(d)(3)(ii)(B) until the requirements of § 63.440(d)(3)(ii)(A) are met. (d) The owner or operator shall meet the requirements specified in paragraph (a) of this section upon startup of any new affected process equipment or pulping process condensate stream that becomes subject to the standards of this subpart due to a process change or modification. (e) If the owner or operator uses the results of the performance test required in § 63.453(p)(2) to revise the approved values or ranges of the monitoring parameters specified in § 63.453(j)(1) or (2), the owner or operator shall submit an initial notification of the subsequent performance test to the Administrator as soon as practicable, but no later than 15 days, before the performance test required in § 63.453(p)(2) is scheduled to be conducted. The owner or operator shall notify the Administrator as soon as practicable, but no later than 24 hours, before the performance test is scheduled to be conducted to confirm the exact date and time of the performance test. (f) To comply with the open biological treatment system monitoring provisions of § 63.453(p)(3), the owner or operator shall notify the Administrator as soon as practicable of the onset of the dangerous, hazardous, or otherwise unsafe conditions that did not allow a compliance determination to be conducted using the sampling and test procedures in § 63.457(l). The notification shall occur no later than 24 hours after the onset of the dangerous, hazardous, or otherwise unsafe conditions and shall include the specific reason(s) that the sampling and test procedures in § 63.457(l) could not be performed. (g) Malfunction reporting requirements. (h) The owner or operator must submit performance test reports as specified in paragraphs (h)(1) through (4) of this section. (1) The owner or operator of an affected source shall report the results of the performance test before the close of business on the 60th day following the completion of the performance test, unless approved otherwise in writing by the Administrator. A performance test is “completed” when field sample collection is terminated. Unless otherwise approved by the Administrator in writing, results of a performance test shall include the analysis of samples, determination of emissions and raw data. A complete test report must include the purpose of the test; a brief process description; a complete unit description, including a description of feed streams and control devices; sampling site description; pollutants measured; description of sampling and analysis procedures and any modifications to standard procedures; quality assurance procedures; record of operating conditions, including operating parameters for which limits are being set, during the test; record of preparation of standards; record of calibrations; raw data sheets for field sampling; raw data sheets for field and laboratory analyses; chain-of-custody documentation; explanation of laboratory data qualifiers; example calculations of all applicable stack gas parameters, emission rates, percent reduction rates, and analytical results, as applicable; and any other information required by the test method and the Administrator. (2) Within 60 days after the date of completing each performance test (defined in § 63.2) as required by this subpart, the owner or operator must submit the results of the performance tests, including any associated fuel analyses, required by this subpart to the EPA's WebFIRE database by using the Compliance and Emissions Data Reporting Interface (CEDRI) that is accessed through the EPA's Central Data Exchange (CDX) ( http://www.epa.gov/cdx http://www.epa.gov/ttn/chief/ert/index.html (3) Within 60 days after the date of completing each CEMS performance evaluation test as defined in § 63.2, the owner or operator must submit relative accuracy test audit (RATA) data to the EPA's CDX by using CEDRI in accordance with paragraph (2) of this section. Only RATA pollutants that can be documented with the ERT (as listed on the ERT Web site) are subject to this requirement. For any performance evaluations with no corresponding RATA pollutants listed on the ERT Web site, the owner or operator must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. (4) All reports required by this subpart not subject to the requirements in paragraphs (h)(2) and (3) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraphs (h)(2) and (3) of this section in paper format [63 FR 18617, Apr. 15, 1998, as amended at 65 FR 80763, Dec. 22, 2000; 77 FR 55711, Sept. 11, 2012; 85 FR 73890, Nov. 19, 2020] § 63.456 Affirmative defense for violation of emission standards during malfunction. In response to an action to enforce the standards set forth in §§ 63.443(c) and (d), 63.444(b) and (c), 63.445(b) and (c), 63.446(c), (d), and (e), 63.447(b) or § 63.450(d), the owner or operator may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) To establish the affirmative defense in any action to enforce such a standard, the owner or operator must timely meet the reporting requirements in paragraph (b) of this section, and must prove by a preponderance of evidence that: (1) The violation: (i) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner, and (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (iv) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (2) Repairs were made as expeditiously as possible when a violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (3) The frequency, amount and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (4) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (5) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment and human health; and (6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (7) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and (9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction. (b) Report. [77 FR 55712, Sept. 11, 2012] § 63.457 Test methods and procedures. (a) Performance tests. (1) Conduct an initial performance test for all emission sources subject to the limitations in §§ 63.443, 63.444, 63.445, 63.446, and 63.447. (2) Conduct repeat performance tests at five-year intervals for all emission sources subject to the limitations in §§ 63.443, 63.444, and 63.445. The first of the 5-year repeat tests must be conducted by September 7, 2015, and thereafter within 60 months from the date of the previous performance test. Five-year repeat testing is not required for the following: (i) Knotter or screen systems with HAP emission rates below the criteria specified in § 63.443(a)(1)(ii). (ii) Decker systems using fresh water or paper machine white water, or decker systems using process water with a total HAP concentration less than 400 parts per million by weight as specified in § 63.443(a)(1)(iv). (b) Vent sampling port locations and gas stream properties. (1) Method 1 or 1A of part 60, appendix A-1, as appropriate, shall be used for selection of the sampling site as follows: (i) To sample for vent gas concentrations and volumetric flow rates, the sampling site shall be located prior to dilution of the vent gas stream and prior to release to the atmosphere; (ii) For determining compliance with percent reduction requirements, sampling sites shall be located prior to the inlet of the control device and at the outlet of the control device; measurements shall be performed simultaneously at the two sampling sites; and (iii) For determining compliance with concentration limits or mass emission rate limits, the sampling site shall be located at the outlet of the control device. (2) No traverse site selection method is needed for vents smaller than 0.10 meter (4.0 inches) in diameter. (3) The vent gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of part 60, appendix A-1, as appropriate. (4) The moisture content of the vent gas shall be measured using Method 4 of part 60, appendix A-3. (5) To determine vent gas concentrations, the owner or operator shall conduct a minimum of three test runs that are representative of normal conditions and average the resulting pollutant concentrations using the following procedures. (i) Method 308 in Appendix A of this part; Method 320 in Appendix A of this part; Method 18 in appendix A-6 of part 60; ASTM D6420-99 (Reapproved 2004) (incorporated by reference in § 63.14(b)(28) of subpart A of this part); or ASTM D6348-03 (incorporated by reference in § 63.14(b)(54) of subpart A of this part) shall be used to determine the methanol concentration. If ASTM D6348-03 is used, the conditions specified in paragraphs (b)(5)(i)(A) though (b)(5)(i)(B) must be met. (A) The test plan preparation and implementation in the Annexes to ASTM D6348-03, sections A1 through A8 are required. (B) In ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5 of ASTM D6348-03). In order for the test data to be acceptable for a compound, %R must be between 70 and 130 percent. If the %R value does not meet this criterion for a target compound, the test data is not acceptable for that compound and the test must be repeated for that analyte following adjustment of the sampling or analytical procedure before the retest. The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound using the following equation: Reported Result = Measured Concentration in the Stack × 100)/%R. (ii) Except for the modifications specified in paragraphs (b)(5)(ii)(A) through (b)(5)(ii)(K) of this section, Method 26A of part 60, appendix A-8 shall be used to determine chlorine concentration in the vent stream. (A) Probe/sampling line. (B) Impinger train. (C) Critical orifice. (D) The following are necessary for the analysis apparatus: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (E) The procedures listed in paragraphs (b)(5)(ii)(E)( 1 7 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (F) The procedures specified in paragraphs (b)(5)(ii)(F)( 1 5 ( 1 Preparation of collection train. ( 2 Leak and flow check procedure. ( 3 Sample collection. ( 4 Sample analysis. ( 5 Interferences. (G) The following calculation shall be performed to determine the corrected sampling flow rate: Where: S C S U BP = Barometric pressure at time of sampling; PW = Saturated partial pressure of water vapor, mm Hg at temperature; and t = Ambient temperature, °C. (H) The following calculation shall be performed to determine the moles of chlorine in the sample: Where: T N T A N Thio (I) The following calculation shall be performed to determine the concentration of chlorine in the sample: Where: S C t S T N T A N Thio (J) The following calculation shall be performed to determine the moles of chlorine dioxide in the sample: Where: T A T N N Thio (K) The following calculation shall be performed to determine the concentration of chlorine dioxide in the sample: Where: S C t S T A T N N Thio (iii) Any other method that measures the total HAP or methanol concentration that has been demonstrated to the Administrator's satisfaction. (6) The minimum sampling time for each of the three test runs shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the test run. (c) Liquid sampling locations and properties. (1) Samples shall be collected using the sampling procedures of the test method listed in paragraph (c)(3) of this section selected to determine liquid stream HAP concentrations; (i) Where feasible, samples shall be taken from an enclosed pipe prior to the liquid stream being exposed to the atmosphere; and (ii) When sampling from an enclosed pipe is not feasible, samples shall be collected in a manner to minimize exposure of the sample to the atmosphere and loss of HAP compounds prior to sampling. (2) The volumetric flow rate of the entering and exiting liquid streams shall be determined using the inlet and outlet flow meters or other methods demonstrated to the Administrator's satisfaction. The volumetric flow rate measurements to determine actual mass removal shall be taken at the same time as the concentration measurements. (3) The owner or operator shall conduct a minimum of three test runs that are representative of normal conditions and average the resulting pollutant concentrations. The minimum sampling time for each test run shall be 1 hour and the grab or composite samples shall be taken at approximately equally spaced intervals over the 1-hour test run period. The owner or operator shall use one of the following procedures to determine total HAP or methanol concentration: (i) Method 305 in Appendix A of this part, adjusted using the following equation: Where: C C i fm i n = Number of individual pollutants, i, summed to calculate total HAP. (ii) For determining methanol concentrations, NCASI Method DI/MEOH-94.03. This test method is incorporated by reference in § 63.14(f)(1) of subpart A of this part. (iii) Any other method that measures total HAP concentration that has been demonstrated to the Administrator's satisfaction. (4) To determine soluble BOD 5 (i) Filter the sample through the filter paper, into an Erlenmeyer flask by applying a vacuum to the flask sidearm. Minimize the time for which vacuum is applied to prevent stripping of volatile organics from the sample. Replace filter paper as often as needed in order to maintain filter times of less than approximately 30 seconds per filter paper. No rinsing of sample container or filter bowl into the Erlenmeyer flask is allowed. (ii) Perform method 5210B on the filtrate obtained in paragraph (c)(4) of this section. Dilution water shall be seeded with 1 milliliter of final effluent per liter of dilution water. Dilution ratios may require adjustment to reflect the lower oxygen demand of the filtered sample in comparison to the total BOD 5 (5) If the test method used to determine HAP concentration indicates that a specific HAP is not detectable, the value determined as the minimum measurement level (MML) of the selected test method for the specific HAP shall be used in the compliance demonstration calculations. To determine the MML for a specific HAP using one of the test methods specified in paragraph (c)(3) of this section, one of the procedures specified in paragraphs (c)(5)(i) and (ii) of this section shall be performed. The MML for a particular HAP must be determined only if the HAP is not detected in the normal working range of the method. (i) To determine the MML for a specific HAP, the following procedures shall be performed each time the method is set up. Set up is defined as the first time the analytical apparatus is placed in operation, after any shut down of 6 months or more, or any time a major component of the analytical apparatus is replaced. (A) Select a concentration value for the specific HAP in question to represent the MML. The value of the MML selected shall not be below the calibration standard of the selected test method. (B) Measure the concentration of the specific HAP in a minimum of three replicate samples using the selected test method. All replicate samples shall be run through the entire analytical procedure. The samples must contain the specific HAP at the selected MML concentration and should be representative of the liquid streams to be analyzed in the compliance demonstration. Spiking of the liquid samples with a known concentration of the target HAP may be necessary to ensure that the HAP concentration in the three replicate samples is at the selected MML. The concentration of the HAP in the spiked sample must be within 50 percent of the proposed MML for the demonstration to be valid. As an alternative to spiking, a field sample above the MML may be diluted to produce a HAP concentration at the MML. To be a valid demonstration, the diluted sample must have a HAP concentration within 20 percent of the proposed MML, and the field sample must not be diluted by more than a factor of five. (C) Calculate the relative standard deviation (RSD) and the upper confidence limit at the 95 percent confidence level using the measured HAP concentrations determined in paragraph (c)(5)(i)(B) of this section. If the upper confidence limit of the RSD is less than 30 percent, then the selected MML is acceptable. If the upper confidence limit of the RSD is greater than or equal to 30 percent, then the selected MML is too low, and the procedures specified in paragraphs (c)(5)(i)(A) through (C) of this section must be repeated. (ii) Provide for the Administrator's approval the selected value of the MML for a specific HAP and the rationale for selecting the MML including all data and calculations used to determine the MML. The approved MML must be used in all applicable compliance demonstration calculations. (6) When using the MML determined using the procedures in paragraph (c)(5)(ii) of this section or when using the MML determined using the procedures in paragraph (c)(5)(i), except during set up, the analytical laboratory conducting the analysis must perform and meet the following quality assurance procedures each time a set of samples is analyzed to determine compliance. (i) Using the selected test method, analyze in triplicate the concentration of the specific HAP in a representative sample. The sample must contain the specific HAP at a concentration that is within a factor of two of the MML. If there are no samples in the set being analyzed that contain the specific HAP at an appropriate concentration, then a sample below the MML may be spiked to produce the appropriate concentration, or a sample at a higher level may be diluted. After spiking, the sample must contain the specific HAP within 50 percent of the MML. If dilution is used instead, the diluted sample must contain the specific HAP within 20 percent of the MML and must not be diluted by more than a factor of five. (ii) Calculate the RSD using the measured HAP concentrations determined in paragraph (c)(6)(i) of this section. If the RSD is less than 20 percent, then the laboratory is performing acceptably. (d) Detectable leak procedures. (1) Method 21, of part 60, appendix A-7; and (2) The instrument specified in Method 21 shall be calibrated before use according to the procedures specified in Method 21 on each day that leak checks are performed. The following calibration gases shall be used: (i) Zero air (less than 10 parts per million by volume of hydrocarbon in air); and (ii) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 parts per million by volume methane or n-hexane. (e) Negative pressure procedures. (1) An anemometer to demonstrate flow into the enclosure opening; (2) Measure the static pressure across the opening; (3) Smoke tubes to demonstrate flow into the enclosure opening; or (4) Any other industrial ventilation test method demonstrated to the Administrator's satisfaction. (f) HAP concentration measurements. (1) As the sum of all individual HAPs; or (2) As methanol. (g) Condensate HAP concentration measurement. (h) Bleaching HAP concentration measurement. (i) Vent gas stream calculations. (1) The total HAP mass emission rate shall be calculated using the following equation: Where: E = Mass emission rate of total HAP from the sampled vent, kilograms per hour. K 2 −6 −1 C j M j Q s n = Number of individual pollutants, i, summed to calculate total HAP. (2) The total HAP mass emission rate per megagram of ODP shall be calculated using the following equation: Where: F = Mass emission rate of total HAP from the sampled vent, in kilograms per megagram of ODP. E = Mass emission rate of total HAP from the sampled vent, in kilograms per hour determined as specified in paragraph (i)(1) of this section. P = The production rate of pulp during the sampling period, in megagrams of ODP per hour. (3) The total HAP percent reduction shall be calculated using the following equation: Where: R = Efficiency of control device, percent. Ei = Inlet mass emission rate of total HAP from the sampled vent, in kilograms of pollutant per hour, determined as specified in paragraph (i)(1) of this section. E o (j) Liquid stream calculations. (1) The mass flow rates of total HAP or methanol entering and exiting the treatment process shall be calculated using the following equations: Where: E b E a K = Density of the liquid stream, kilograms per cubic meter. V bi V ai C bi C ai n = Number of runs. (2) The mass of total HAP or methanol per megagram ODP shall be calculated using the following equation: Where: F = Mass loading of total HAP or methanol in the sample, in kilograms per megagram of ODP. E a P = The production rate of pulp during the sampling period in megagrams of ODP per hour. (3) The percent reduction of total HAP across the applicable treatment process shall be calculated using the following equation: Where: R = Control efficiency of the treatment process, percent. E b E a (4) Compounds that meet the requirements specified in paragraphs (j)(4)(i) or (4)(ii) of this section are not required to be included in the mass flow rate, mass per megagram of ODP, or the mass percent reduction determinations. (i) Compounds with concentrations at the point of determination that are below 1 part per million by weight; or (ii) Compounds with concentrations at the point of determination that are below the lower detection limit where the lower detection limit is greater than 1 part per million by weight. (k) Oxygen concentration correction procedures. (1) The emission rate correction factor and excess air integrated sampling and analysis procedures of Methods 3A or 3B of part 60, appendix A-2 shall be used to determine the oxygen concentration. The samples shall be taken at the same time that the HAP samples are taken. As an alternative to Method 3B, ASME PTC 19.10-1981 [Part 10] may be used (incorporated by reference, see § 63.14(i)(1)). (2) The concentration corrected to 10 percent oxygen shall be computed using the following equation: Where: C c C m %0 2d (l) Biological treatment system percent reduction and mass removal calculations. (1) Percent reduction methanol procedure. Where: R = Percent destruction. f bio r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass. F (nonmethanol) F (methanol) (2) Mass removal methanol procedure. Where: F = Methanol mass removal (kg/Mg ODP). F b f bio r = Ratio of the sum of acetaldehyde, methyl ethyl ketone, and propionaldehyde mass to methanol mass determined using the procedures in paragraph (1) of this section. (3) The owner or operator of a nonthoroughly mixed open biological treatment system using the monitoring requirements specified in § 63.453(p)(3) shall follow the procedures specified in section III.B.1 of appendix E of this part to determine the borate constant, Ks, and characterize the open biological treatment system during the initial and any subsequent performance tests. (m) Condensate segregation procedures. (1) To demonstrate compliance with the percent mass requirements specified in § 63.446(c)(2), the procedures specified in paragraphs (m)(1)(i) through (iii) of this section shall be performed. (i) Determine the total HAP mass of all condensates from each equipment system listed in § 63.446 (b)(1) through (b)(3) using the procedures specified in paragraphs (c) and (j) of this section. (ii) Multiply the total HAP mass determined in paragraph (m)(1)(i) of this section by 0.65 to determine the target HAP mass for the high-HAP fraction condensate stream or streams. (iii) Compliance with the segregation requirements specified in § 63.446(c)(2) is demonstrated if the condensate stream or streams from each equipment system listed in § 63.446(b)(1) through (3) being treated as specified in § 63.446(e) contain at least as much total HAP mass as the target total HAP mass determined in paragraph (m)(1)(ii) of this section. (2) To demonstrate compliance with the percent mass requirements specified in § 63.446(c)(3), the procedures specified in paragraphs (m)(2)(i) through (ii) of this section shall be performed. (i) Determine the total HAP mass contained in the high-HAP fraction condensates from each equipment system listed in § 63.446(b)(1) through (b)(3) and the total condensates streams from the equipment systems listed in § 63.446(b)(4) and (b)(5), using the procedures specified in paragraphs (c) and (j) of this section. (ii) Compliance with the segregation requirements specified in § 63.446(c)(3) is demonstrated if the total HAP mass determined in paragraph (m)(2)(i) of this section is equal to or greater than the appropriate mass requirements specified in § 63.446(c)(3). (n) Open biological treatment system monitoring sampling storage. (o) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. [63 FR 18617, Apr. 15, 1998, as amended at 64 FR 17564, Apr. 12, 1999; 65 FR 80763, Dec. 22, 2000; 66 FR 24269, May 14, 2001; 77 FR 55712, Sept. 11, 2012; 88 FR 18412, Mar. 29, 2023] § 63.458 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.440, 63.443 through 63.447 and 63.450. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of alternatives to using §§ 63.457(b)(5)(iii), 63.457(c)(3)(ii) through (iii), and 63.257(c)(5)(ii), and any major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of alternatives using § 64.453(m) and any major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37348, June 23, 2003] § 63.459 Alternative standards. (a) Flint River Mill. (1) The owner or operator of the pulping system is not required to control total HAP emissions from equipment systems specified in paragraphs (a)(1)(i) and (a)(1)(ii) if the owner or operator complies with paragraphs (a)(2) through (a)(5) of this section. (i) The brownstock diffusion washer vent and first stage brownstock diffusion washer filtrate tank vent in the pulp washing system specified in § 63.443(a)(1)(iii). (ii) The oxygen delignification system specified in § 63.443(a)(1)(v). (2) The owner or operator of the pulping system shall control total HAP emissions from equipment systems listed in paragraphs (a)(2)(i) through (a)(2)(ix) of this section as specified in § 63.443(c) and (d) of this subpart no later than April 16, 2002. (i) The weak liquor storage tank; (ii) The boilout tank; (iii) The utility tank; (iv) The fifty percent solids black liquor storage tank; (v) The south sixty-seven percent solids black liquor storage tank; (vi) The north sixty-seven percent solids black liquor storage tank; (vii) The precipitator make down tanks numbers one, two and three; (viii) The salt cake mix tank; and (ix) The NaSH storage tank. (3) The owner and operator of the pulping system shall operate the Isothermal Cooking system at the site while pulp is being produced in the continuous digester at any time after April 16, 2002. (i) The owner or operator shall monitor the following parameters to demonstrate that isothermal cooking is in operation: (A) Continuous digester dilution factor; and (B) The difference between the continuous digester vapor zone temperature and the continuous digester extraction header temperature. (ii) The isothermal cooking system shall be in operation when the continuous digester dilution factor and the temperature difference between the continuous digester vapor zone temperature and the continuous digester extraction header temperature are maintained as set forth in Table 2: Table 2 to Subpart S—Isothermal Cooking System Operational Values Parameter Instrument number Limit Units Digester Dilution Factor K1DILFAC >0.0 None Difference in Digester Vapor Zone Temperature and Digester 03TI0311 <10 Degrees F. Extraction Header Temperature 03TI0329 (iii) The owner or operator shall certify annually the operational status of the isothermal cooking system. (4) [Reserved] (5) Definitions. Boilout tank Brownstock diffusion washer Continuous digester Fifty percent solids black liquor storage tank First stage brownstock diffusion washer Isothermal cooking system NaSH storage tank North sixty-seven percent solids black liquor storage tank Precipitator make down tank numbers one, two and three Salt cake mix tank South sixty-seven percent solids black liquor storage tank Utility tank Weak gas system Weak liquor storage tank (b) Tomahawk Wisconsin Mill Applicability. (ii) The owner or operator is not required to comply with the provisions of this paragraph (b) if the owner and operator chooses to comply with the otherwise applicable sections of this subpart and provides the EPA with notice. (iii) If the owner or operator chooses to comply with the provisions of this paragraph (b) the owner or operator shall comply with all applicable provisions of this part, including this subpart, except the following: (A) Section 63.443(b); (B) Section 63.443(c); and (C) Section 63.443(d). (2) Collection and routing of HAP emissions. (ii) Each LVHC system shall be enclosed and the HAP emissions shall be vented into a closed-vent system. The enclosures and closed-vent system shall meet requirements specified in paragraph (b)(6) of this section. (iii) The HAP emissions shall be routed as follows: (A) The HAP emissions collected in the closed-vent system from the digester system shall be routed through the primary indirect contact condenser, secondary indirect contact condenser, and evaporator indirect contact condenser; and (B) The HAP emissions collected in the closed-vent system from the evaporator system and foul condensate standpipe shall be routed through the evaporator indirect contact condenser. (3) Collection and routing of pulping process condensates. (A) Primary indirect contact condenser; (B) Secondary indirect contact condenser; and (C) Evaporator indirect contact condenser. (ii) The collected pulping process condensates shall be conveyed in a closed collection system that is designed and operated to meet the requirements specified in paragraph (b)(7) of this section. (iii) The collected pulping process condensates shall be routed in the closed collection system to the wastewater treatment plant anaerobic basins for biodegradation. (iv) The pulping process condensates shall be discharged into the wastewater treatment plant anaerobic basins below the liquid surface of the wastewater treatment plant anaerobic basins. (4) HAP destruction efficiency requirements of the wastewater treatment plant. (ii) The following calculation shall be performed to determine the HAP destruction efficiency by biodegradation in the wastewater treatment plant: Where: HAP d RME fr RME c PPC fr PPC c ABD fr ABD c ODP r (5) Monitoring requirements and parameter ranges. (A) Evaporator indirect contact condenser vent temperature; (B) Pulping process condensates flow rate; (C) Wastewater treatment plant effluent flow rate; and (D) Production rate of ODP. (ii) The owner or operator shall additionally monitor, on a daily basis, in each of the four anaerobic basins, the ratio of volatile acid to alkalinity (VA/A ratio). The owner or operator shall use the test methods identified for determining acidity and alkalinity as specified in 40 CFR 136.3, Table 1B. (iii) The temperature of the evaporator indirect contact condenser vent shall be maintained at or below 140 °F on a continuous basis. (iv) The VA/A ratio in each of the four anaerobic basins shall be maintained at or below 0.5 on a continuous basis. (A) The owner or operator shall measure the methanol concentration of the outfall of any basin, using NCASI Method DI/MEOH 94.03 (incorporated by reference, see § 63.14), when the VA/A ratio of that basin exceeds the following: ( 1 ( 2 (B) If the outfall of that basin measures detect for methanol, the owner or operator shall verify compliance with the emission standard specified in paragraph (b)(4) of this section by conducting a performance test pursuant to the requirements specified in paragraph (b)(8) of this section. (v) The owner or operator may seek to establish or reestablish the parameter ranges, and/or the parameters required to be monitored as provided in paragraphs (b)(5)(i) through (v) of this section, by following the provisions of § 63.453(n)(1) through (4). (6) Standards and monitoring requirements for each enclosure and closed-vent system. (ii) Each enclosure shall be maintained at negative pressure at each enclosure or hood opening as demonstrated by the procedures specified in § 63.457(e). Each enclosure or hood opening closed during the initial performance test shall be maintained in the same closed and sealed position as during the performance test at all times except when necessary to use the opening for sampling, inspection, maintenance, or repairs. (iii) Each component of the closed-vent system that is operated at positive pressure shall be designed for and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million by volume above background, as measured by the procedures specified in § 63.457(d). (iv) Each bypass line in the closed-vent system that could divert vent streams containing HAPs to the atmosphere without meeting the routing requirements specified in paragraph (b)(2) of this section shall comply with either of the following requirements: (A) On each bypass line, the owner or operator shall install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of the presence of gas stream flow in the bypass line at least once every 15 minutes. The flow indicator shall be installed in the bypass line in such a way as to indicate flow in the bypass line; or (B) For bypass line valves that are not computer controlled, the owner or operator shall maintain the bypass line valve in the closed position with a car seal or seal placed on the valve or closure mechanism in such a way that the valve or closure mechanism cannot be opened without breaking the seal. (v) For each enclosure opening, the owner or operator shall perform, at least once every 30 days, a visual inspection of the closure mechanism specified in paragraph (b)(6)(ii) of this section to ensure the opening is maintained in the closed position and sealed. (vi) For each closed-vent system required by paragraph (b)(2) of this section, the owner or operator shall perform a visual inspection every 30 days and at other times as requested by the Administrator. The visual inspection shall include inspection of ductwork, piping, enclosures, and connections to covers for visible evidence of defects. (vii) For positive pressure closed-vent systems, or portions of closed-vent systems, the owner or operator shall demonstrate no detectable leaks as specified in paragraph (b)(6)(iii) of this section, measured initially and annually by the procedures in § 63.457(d). (viii) For each enclosure that is maintained at negative pressure, the owner or operator shall demonstrate initially and annually that it is maintained at negative pressure as specified in § 63.457(e). (ix) For each valve or closure mechanism as specified in paragraph (b)(6)(iv)(B) of this section, the owner or operator shall perform an inspection at least once every 30 days to ensure that the valve is maintained in the closed position and the emissions point gas stream is not diverted through the bypass line. (x) If an inspection required by paragraph (b)(6) of this section identifies visible defects in ductwork, piping, enclosures, or connections to covers required by paragraph (b)(6) of this section, or if an instrument reading of 500 parts per million by volume or greater above background is measured, or if the enclosure openings are not maintained at negative pressure, then the following corrective actions shall be taken as soon as follows: (A) A first effort to repair or correct the closed-vent system shall be made as soon as practicable but no later than 5 calendar days after the problem is identified. (B) The repair or corrective action shall be completed no later than 15 calendar days after the problem is identified. (7) Standards and monitoring requirements for the pulping process condensates closed collection system. (ii) Each closed collection system shall meet the individual drain system requirements specified in §§ 63.960, 63.961, and 63.962, except that the closed vent systems shall be designed and operated in accordance with paragraph (b)(6) of this section, instead of in accordance with § 63.693 as specified in § 63.692(a)(3)(ii), (b)(3)(ii)(A), and (b)(3)(ii)(B)(5)(iii); and (iii) If a condensate tank is used in the closed collection system, the tank shall meet the following requirements: (A) The fixed roof and all openings (e.g., access hatches, sampling ports, gauge wells) shall be designed and operated with no detectable leaks as indicated by an instrument reading of less than 500 parts per million above background, and vented into a closed-vent system that meets the requirements of paragraph (b)(6) of this section and routed in accordance with paragraph (b)(2) of this section; and (B) Each opening shall be maintained in a closed, sealed position (e.g., covered by a lid that is gasketed and latched) at all times that the tank contains pulping process condensates or any HAPs removed from a pulping process condensate stream except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair. (iv) For each pulping process condensate closed collection system used to comply with paragraph (b)(3) of this section, the owner or operator shall perform a visual inspection every 30 days and shall comply with the inspection and monitoring requirements specified in § 63.964 except for the closed-vent system and control device inspection and monitoring requirements specified in § 63.964(a)(2). (8) Quarterly performance testing. (ii) The owner or operator shall use NCASI Method DI/HAPS-99.01 (incorporated by reference, see § 63.14) to collect a grab sample and determine the HAP concentration of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge for the quarterly performance test conducted during the first quarter each year. (iii) For each of the remaining three quarters, the owner or operator may use NCASI Method DI/MEOH 94.03 (incorporated by reference, see § 63.14) as a surrogate to collect and determine the HAP concentration of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge. (iv) The sample used to determine the HAP or Methanol concentration in the Raw Mill Effluent, Pulping Process Condensates, or Anaerobic Basin Discharge shall be a composite of four grab samples taken evenly spaced over an eight hour time period. (v) The Raw Mill Effluent grab samples shall be taken from the raw mill effluent composite sampler. (vi) The Pulping Process Condensates grab samples shall be taken from a line tap on the closed condensate collection system prior to discharge into the wastewater treatment plant. (vii) The Anaerobic Basic Discharge grab samples shall be taken subsequent to the confluence of the four anaerobic basin discharges. (viii) The flow rate of the Raw Mill Effluent, Pulping Process Condensates, and Anaerobic Basin Discharge, and the production rate of ODP shall be averaged over eight hours. (ix) The data collected as specified in paragraphs (b)(5) and (b)(8) of this section shall be used to determine the HAP destruction efficiency of the wastewater treatment plant as specified in paragraph (b)(4)(ii) of this section. (x) The HAP destruction efficiency shall be at least as great as that specified by paragraph (b)(4)(i) of this section. (9) Recordkeeping requirements. (ii) The owner or operator shall comply with the recordkeeping requirements as specified in § 63.454(b). (iii) The owner or operator shall comply with the recordkeeping requirements as specified in § 63.453(d). (10) Reporting requirements. (ii) Each owner or operator shall comply with the reporting requirements as specified in § 63.455(d). (11) Violations. (ii) Periods of excess emissions shall not constitute a violation provided the time of excess emissions divided by the total process operating time in a semi-annual reporting period does not exceed one percent. All periods of excess emission shall be reported, and shall include: (iii) Notwithstanding paragraph (b)(11)(ii) of this section, any excess emissions that present an imminent threat to public health or the environment, or may cause serious harm to public health or the environment, shall constitute a violation. [66 FR 34124, June 27, 2001, as amended at 66 FR 52538, Oct. 16, 2001; 69 FR 19740, Apr. 13, 2004; 77 FR 55713, Sept. 11, 2012] Table 1 to Subpart S of Part 63—General Provisions Applicability to Subpart S a Reference Applies to Comment 63.1(a)(1)-(3) Yes 63.1(a)(4) Yes Subpart S (this table) specifies applicability of each paragraph in subpart A to subpart S. 63.1(a)(5) No Section reserved. 63.1(a)(6) Yes 63.1(a)(7)-(9) No Sections reserved. 63.1(a)(10) No Subpart S and other cross-referenced subparts specify calendar or operating day. 63.1(a)(11)-(12) Yes 63.1(b)(1) No Subpart S specifies its own applicability. 63.1(b)(2) No Section reserved. 63.1(b)(3) Yes 63.1(c)(1)-(2) Yes 63.1(c)(3)-(4) No Sections reserved. 63.1(c)(5) Yes 63.1(c)(6) Yes 63.1(d) No Section reserved. 63.1(e) Yes 63.2 Yes 63.3 Yes 63.4(a)(1)-(2) Yes 63.4(a)(3)-(5) No Sections reserved. 63.4(b) Yes 63.4(c) Yes 63.5(a) Yes 63.5(b)(1) Yes 63.5(b)(2) No Section reserved. 63.5(b)(3)-(4) Yes 63.5(b)(5) No Section reserved. 63.5(b)(6) Yes 63.5(c) No Section reserved. 63.5(d) Yes 63.5(e) Yes 63.5(f) Yes 63.6(a) Yes 63.6(b)(1)-(5) No Subpart S specifies compliance dates for sources subject to subpart S. 63.6(b)(6) No Section reserved. 63.6(b)(7) No Subpart S specifies compliance dates for sources subject to subpart S. 63.6(c)(1)-(2) No Subpart S specifies compliance dates for sources subject to subpart S. 63.6(c)(3)-(4) No Sections reserved. 63.6(c)(5) No Subpart S specifies compliance dates for sources subject to subpart S. 63.6(d) No Section reserved. 63.6(e)(1)(i) No See § 63.453(q) for general duty requirement. 63.6(e)(1)(ii) No 63.6(e)(1)(iii) Yes 63.6(e)(2) No Section reserved. 63.6(e)(3) No 63.6(f)(1) No 63.6(f)(2)-(3) Yes 63.6(g) Yes 63.6(h)(1)-(2) No Pertains to continuous opacity monitors that are not part of this standard. 63.6(h)(3) No Section reserved. 63.6(h)(4)-(9) No Pertains to continuous opacity monitors that are not part of this standard. 63.6(i)(1)-(14) Yes 63.6(i)(15) No Section reserved. 63.6(i)(16) Yes 63.6(j) Yes 63.7(a) Yes 63.7(b) Yes 63.7(c) Yes 63.7(d) Yes 63.7(e)(1) No Replaced with § 63.457(o), which specifies performance testing conditions under subpart S. 63.7(e)(2)-(4) Yes 63.7(f) Yes 63.7(g)(1) Yes 63.7(g)(2) No Section reserved. 63.7(g)(3) Yes 63.7(h) Yes 63.8(a)(1)-(2) Yes 63.8(a)(3) No Section reserved. 63.8(a)(4) Yes 63.8(b)(1) Yes 63.8(b)(2) No Subpart S specifies locations to conduct monitoring. 63.8(b)(3) Yes 63.8(c)(1)-(c)(1)(i) No See § 63.453(q) for general duty requirement (which includes monitoring equipment). 63.8(c)(1)(ii) Yes 63.8(c)(1)(iii) No 63.8(c)(2)-(3) Yes 63.8(c)(4) No Subpart S allows site specific determination of monitoring frequency in § 63.453(n)(4). 63.8(c)(5) No Pertains to continuous opacity monitors that are not part of this standard. 63.8(c)(6)-(8) Yes 63.8(d)(1)-(2) Yes 63.8(d)(3) Yes, except for last sentence, which refers to an SSM plan SSM plans are not required 63.8(e) Yes 63.8(f)(1)-(5) Yes 63.8(f)(6) No Subpart S does not specify relative accuracy test for CEMs. 63.8(g) Yes 63.9(a) Yes 63.9(b)(1)-(2) Yes Initial notifications must be submitted within one year after the source becomes subject to the relevant standard. 63.9(b)(3) No Section reserved. 63.9(b)(4)-(5) Yes 63.9(c) Yes 63.9(d) No Special compliance requirements are only applicable to kraft mills. 63.9(e) Yes 63.9(f) No Pertains to continuous opacity monitors that are not part of this standard. 63.9(g)(1) Yes 63.9(g)(2) No Pertains to continuous opacity monitors that are not part of this standard. 63.9(g)(3) No Subpart S does not specify relative accuracy tests, therefore no notification is required for an alternative. 63.9(h)(1)-(3) Yes 63.9(h)(4) No Section reserved. 63.9(h)(5)-(6) Yes 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i) No 63.10(b)(2)(ii) No See § 63.454(g) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction. 63.10(b)(2)(iii) Yes 63.10(b)(2)(iv)-(v) No 63.10(b)(2)(vi)-(xiv) Yes 63.10(b)(3) Yes 63.10(c)(1) Yes 63.10(c)(2)-(4) No Sections reserved. 63.10(c)(5)-(8) Yes 63.10(c)(9) No Section reserved. 63.10(c)(10)-(11) No See § 63.454(g) for malfunction recordkeeping requirements. 63.10(c)(12)-(14) Yes 63.10(c)(15) No 63.10(d)(1)-(2) Yes 63.10(d)(3) No Pertains to continuous opacity monitors that are not part of this standard. 63.10(d)(4) Yes 63.10(d)(5) No See § 63.455(g) for malfunction reporting requirements. 63.10(e)(1) Yes 63.10(e)(2)(i) Yes 63.10(e)(2)(ii) No Pertains to continuous opacity monitors that are not part of this standard. 63.10(e)(3) Yes 63.10(e)(4) No Pertains to continuous opacity monitors that are not part of this standard. 63.10(f) Yes 63.11-63.15 Yes a [77 FR 55713, Sept. 11, 2012, as amended at 85 FR 73890, Nov. 19, 2020] Subpart T—National Emission Standards for Halogenated Solvent Cleaning Source: 59 FR 61805, Dec. 2, 1994, unless otherwise noted. § 63.460 Applicability and designation of source. (a) The provisions of this subpart apply to each individual batch vapor, in-line vapor, in-line cold, and batch cold solvent cleaning machine that uses any solvent containing methylene chloride (CAS No. 75-09-2), perchloroethylene (CAS No. 127-18-4), trichloroethylene (CAS No. 79-01-6), 1,1,1-trichloroethane (CAS No. 71-55-6), carbon tetrachloride (CAS No. 56-23-5) or chloroform (CAS No. 67-66-3), or any combination of these halogenated HAP solvents, in a total concentration greater than 5 percent by weight, as a cleaning and/or drying agent. The concentration of these solvents may be determined using EPA test method 18, material safety data sheets, or engineering calculations. Wipe cleaning activities, such as using a rag containing halogenated solvent or a spray cleaner containing halogenated solvent are not covered under the provisions of this subpart. (b) Except as noted in appendix C (General Provisions Applicability to subpart T) of this subpart, the provisions of subpart A of this part (General Provisions) apply to owners or operators of any solvent cleaning machine meeting the applicability criteria of paragraph (a) of this section. (c) Except as provided in paragraph (g) of this section, each solvent cleaning machine subject to this subpart that commenced construction or reconstruction after November 29, 1993 shall achieve compliance with the provisions of this subpart, except for § 63.471, immediately upon start-up or by December 2, 1994, whichever is later. (d) Except as provided in paragraph (g) of this section, each solvent cleaning machine subject to this subpart that commenced construction or reconstruction on or before November 29, 1993 shall achieve compliance with the provisions of this subpart, except for § 63.471, no later than December 2, 1997. (e) In delegating implementation and enforcement authority to a State under section 112(d) of the Act, the authority contained in paragraph (f) of this section shall be retained by the Administrator and not transferred to a State. (f) [Reserved] (g) Each continuous web cleaning machine subject to this subpart shall achieve compliance with the provisions of this subpart, except for § 63.471, no later than December 2, 1999. (h) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources. (i) The compliance date for the requirements in § 63.471 depends on the date that construction or reconstruction of the affected facility commences. For purposes of this paragraph, affected facility means all solvent cleaning machines, except solvent cleaning machines used in the manufacture and maintenance of aerospace products, solvent cleaning machines used in the manufacture of narrow tubing, and continuous web cleaning machines, located at a major source that are subject to the facility-wide limits in table 1 of § 63.471(b)(2), and for area sources, affected facility means all solvent cleaning machines, except cold batch cleaning machines, located at an area source that are subject to the facility-wide limits in table 1 of § 63.471(b)(2). (1) Each affected facility that was constructed or reconstructed on or before August 17, 2006, shall be in compliance with the provisions of this subpart no later than May 3, 2010. (2) Each affected facility that was constructed or reconstructed on or after August 17, 2006, shall be in compliance with the provisions of this subpart on May 3, 2007 or immediately upon startup, whichever is later. [59 FR 61805, Dec. 2, 1994; 59 FR 67750, Dec. 30, 1994, as amended at 60 FR 29485, June 5, 1995; 63 FR 68400, Dec. 11, 1998; 68 FR 37349, June 23, 2003; 70 FR 75345, Dec. 19, 2005; 72 FR 25157, May 3, 2007] § 63.461 Definitions. Unless defined below, all terms used in this subpart are used as defined in the 1990 Clean Air Act, or in subpart A of 40 CFR part 63: Administrator Air blanket Air knife system Automated parts handling system Batch cleaning machine Carbon adsorber Clean liquid solvent Cleaning capacity Cold cleaning machine Combined squeegee and air-knife system Consumption Continuous web cleaning machine Cover Cross-rod solvent cleaning machine Downtime mode Dwell Dwell time Emissions Existing Freeboard area Freeboard height Freeboard ratio Freeboard refrigeration device (also called a chiller) Halogenated hazardous air pollutant solvent or halogenated HAP solvent Hoist Idling mode Idling-mode cover Immersion cold cleaning machine In-line cleaning machine or continuous cleaning machine Leak-proof coupling Lip exhaust Monthly reporting period New Open-top vapor cleaning machine Part Primary condenser Reduced room draft Remote reservoir cold cleaning machine Remote reservoir continuous web cleaning machine Soils Solvent/air interface Solvent/air interface area Solvent cleaning machine Solvent vapor zone Squeegee system Sump Sump heater coils Superheated part technology Superheated vapor system Vapor cleaning machine Water layer Working mode Working-mode cover [59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 63 FR 24751, May 5, 1998; 64 FR 67798, Dec. 3, 1999] § 63.462 Batch cold cleaning machine standards. (a) Each owner or operator of an immersion batch cold solvent cleaning machine shall comply with the requirements specified in paragraph (a)(1) or (a)(2) of this section. (1) Employ a tightly fitting cover that shall be closed at all times except during parts entry and removal, and a water layer at a minimum thickness of 2.5 centimeters (1.0 inch) on the surface of the solvent within the cleaning machine, or (2) Employ a tightly fitting cover that shall be closed at all times except during parts entry and removal and a freeboard ratio of 0.75 or greater. (b) Each owner or operator of a remote-reservoir batch cold solvent cleaning machine shall employ a tightly fitting cover over the solvent sump that shall be closed at all times except during the cleaning of parts. (c) Each owner or operator of a batch cold solvent cleaning machine complying with paragraph (a)(2) or (b) of this section shall comply with the work and operational practice requirements specified in paragraphs (c)(1) through (c)(9) of this section as applicable. (1) All waste solvent shall be collected and stored in closed containers. The closed container may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container. (2) If a flexible hose or flushing device is used, flushing shall be performed only within the freeboard area of the solvent cleaning machine. (3) The owner or operator shall drain solvent cleaned parts for 15 seconds or until dripping has stopped, whichever is longer. Parts having cavities or blind holes shall be tipped or rotated while draining. (4) The owner or operator shall ensure that the solvent level does not exceed the fill line. (5) Spills during solvent transfer shall be wiped up immediately. The wipe rags shall be stored in covered containers meeting the requirements of paragraph (c)(1) of this section. (6) When an air- or pump-agitated solvent bath is used, the owner or operator shall ensure that the agitator is operated to produce a rolling motion of the solvent but not observable splashing against tank walls or parts being cleaned. (7) The owner or operator shall ensure that, when the cover is open, the cold cleaning machine is not exposed to drafts greater than 40 meters per minute (132 feet per minute), as measured between 1 and 2 meters (3.3 and 6.6 feet) upwind and at the same elevation as the tank lip. (8) Except as provided in paragraph (c)(9) of this section, sponges, fabric, wood, and paper products shall not be cleaned. (9) The prohibition in paragraph (c)(8) of this section does not apply to the cleaning of porous materials that are part of polychlorinated biphenyl (PCB) laden transformers if those transformers are handled throughout the cleaning process and disposed of in compliance with an approved PCB disposal permit issued in accordance with the Toxic Substances Control Act. (d) Each owner or operator of a batch cold cleaning machine shall submit an initial notification report as described in § 63.468 (a) and (b) and a compliance report as described in § 63.468(c). (e) Each owner or operator subject to the requirements of paragraph (c)(1) through (8) of this section may request to use measures other than those described in these paragraphs. The owner or operator must demonstrate to the Administrator (or delegated State, local, or Tribal authority) that the alternative measures will result in equivalent or better emissions control compared to the measures described in paragraphs (c)(1) through (8) of this section. For example, storing solvent and solvent-laden materials in an enclosed area that is ventilated to a solvent recovery or destruction device may be considered an acceptable alternative. [59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 FR 67799, Dec. 3, 1999; 68 FR 37349, June 23, 2003] § 63.463 Batch vapor and in-line cleaning machine standards. (a) Except as provided in § 63.464 for all cleaning machines, each owner or operator of a solvent cleaning machine subject to the provisions of this subpart shall ensure that each existing or new batch vapor or in-line solvent cleaning machine subject to the provisions of this subpart conforms to the design requirements specified in paragraphs (a)(1) through (7) of this section. The owner or operator of a continuous web cleaning machine shall comply with the requirements of paragraph (g) or (h) of this section, as appropriate, in lieu of complying with this paragraph. (1) Each cleaning machine shall be designed or operated to meet the control equipment or technique requirements in paragraph (a)(1)(i) or (a)(1)(ii) of this section. (i) An idling and downtime mode cover, as described in § 63.463(d)(1)(i), that may be readily opened or closed, that completely covers the cleaning machine openings when in place, and is free of cracks, holes, and other defects. (ii) A reduced room draft as described in § 63.463(e)(2)(ii). (2) Each cleaning machine shall have a freeboard ratio of 0.75 or greater. (3) Each cleaning machine shall have an automated parts handling system capable of moving parts or parts baskets at a speed of 3.4 meters per minute (11 feet per minute) or less from the initial loading of parts through removal of cleaned parts. (4) Each vapor cleaning machine shall be equipped with a device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils. This requirement does not apply to a vapor cleaning machine that uses steam to heat the solvent. (5) Each vapor cleaning machine shall be equipped with a vapor level control device that shuts off sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser. (6) Each vapor cleaning machine shall have a primary condenser. (7) Each cleaning machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber that meets the requirements of paragraph (e)(2)(vii) of this section. (b) Except as provided in § 63.464, each owner or operator of an existing or new batch vapor cleaning machine shall comply with either paragraph (b)(1) or (b)(2) of this section. (1) Each owner or operator of a batch vapor cleaning machine with a solvent/air interface area of 1.21 square meters (13 square feet) or less shall comply with the requirements specified in either paragraph (b)(1)(i) or (b)(1)(ii) of this section. (i) Employ one of the control combinations listed in table 1 of this subpart or other equivalent methods of control as determined using the procedure in § 63.469, equivalent methods of control. Table 1—Control Combinations for Batch Vapor Solvent Cleaning Machines With a Solvent/Air Interface Area of 1.21 Square Meters (13 Square Feet) or Less Option Control combinations 1 Working-mode cover, freeboard ratio of 1.0, superheated vapor. 2 Freeboard refrigeration device, superheated vapor. 3 Working-mode cover, freeboard refrigeration device. 4 Reduced room draft, freeboard ratio of 1.0, superheated vapor. 5 Freeboard refrigeration device, reduced room draft. 6 Freeboard refrigeration device, freeboard ratio of 1.0. 7 Freeboard refrigeration device, dwell. 8 Reduced room draft, dwell, freeboard ratio of 1.0. 9 Freeboard refrigeration device, carbon adsorber. 10 Freeboard ratio of 1.0, superheated vapor, carbon adsorber. Note: (ii) Demonstrate that their solvent cleaning machine can achieve and maintain an idling emission limit of 0.22 kilograms per hour per square meter (0.045 pounds per hour per square foot) of solvent/air interface area as determined using the procedures in § 63.465(a) and appendix A to this part. (2) Each owner or operator of a batch vapor cleaning machine with a solvent/air interface area greater than 1.21 square meters (13 square feet) shall comply with the requirements specified in either paragraph (b)(2)(i) or (b)(2)(ii) of this section. (i) Employ one of the control combinations listed in table 2 of this subpart or other equivalent methods of control as determined using the procedure in § 63.469, equivalent methods of control. Table 2—Control Combinations for Batch Vapor Solvent Cleaning Machines With a Solvent/Air Interface Area Greater than 1.21 Square Meters (13 Square Feet) Option Control combinations 1 Freeboard refrigeration device, freeboard ratio of 1.0, superheated vapor. 2 Dwell, freeboard refrigeration device, reduced room draft. 3 Working-mode cover, freeboard refrigeration device, superheated vapor. 4 Freeboard ratio of 1.0, reduced room draft, superheated vapor. 5 Freeboard refrigeration device, reduced room draft, superheated vapor. 6 Freeboard refrigeration device, reduced room draft, freeboard ratio of 1.0. 7 Freeboard refrigeration device, superheated vapor, carbon adsorber. Note: (ii) Demonstrate that their solvent cleaning machine can achieve and maintain an idling emission limit of 0.22 kilograms per hour per square meter (0.045 pounds per hour per square foot) of solvent/air interface area as determined using the procedures in § 63.465(a) and appendix A of this part. (c) Except as provided in § 63.464 for all cleaning machines, each owner or operator of an in-line cleaning machine shall comply with paragraph (c)(1) or (2) of this section as appropriate. The owner or operator of a continuous web cleaning machine shall comply with the requirements of paragraph (g) or (h) of this section, as appropriate, in lieu of complying with this paragraph. (1) Each owner or operator of an existing in-line cleaning machine shall comply with the requirements specified in either paragraph (c)(1)(i) or (c)(1)(ii) of this section. (i) Employ one of the control combinations listed in table 3 of this subpart or other equivalent methods of control as determined using the procedure in § 63.469, equivalent methods of control. Table 3—Control Combinations for Existing In-Line Solvent Cleaning Machines Option Control combinations 1 Superheated vapor, freeboard ratio of 1.0. 2 Freeboard refrigeration device, freeboard ratio of 1.0. 3 Dwell, freeboard refrigeration device. 4 Dwell, carbon adsorber. Note: (ii) Demonstrate that their solvent cleaning machine can achieve and maintain an idling emission limit of 0.10 kilograms per hour per square meter (0.021 pounds per hour per square foot) of solvent/air interface area as determined using the procedures in § 63.465(a) and appendix A to this part. (2) Each owner or operator of a new in-line cleaning machine shall comply with the requirements specified in either paragraph (c)(2)(i) or (c)(2)(ii) of this section. (i) Employ one of the control combinations listed in table 4 of this subpart or other equivalent methods of control as determined using the procedure in § 63.469, equivalent methods of control section. Table 4—Control Combinations for New In-Line Solvent Cleaning Machines Option Control combinations 1 Superheated vapor, freeboard refrigeration device. 2 Freeboard refrigeration device, carbon adsorber. 3 Superheated vapor, carbon adsorber. Note: (ii) Demonstrate that their solvent cleaning machine can achieve and maintain an idling emission limit of 0.10 kilograms per hour per square meter (0.021 pounds per hour per square foot) of solvent/air interface area as determined using the procedures in § 63.465(a) and appendix A to this part. (d) Except as provided in § 63.464 for all cleaning machines, each owner or operator of an existing or new batch vapor or in-line solvent cleaning machine shall meet all of the following required work and operational practices specified in paragraphs (d)(1) through (12) of this section as applicable. The owner or operator of a continuous web cleaning machine shall comply with the requirements of paragraph (g) or (h) of this section, as appropriate, in lieu of complying with this paragraph. (1) Control air disturbances across the cleaning machine opening(s) by incorporating the control equipment or techniques in paragraph (d)(1)(i) or (d)(1)(ii) of this section. (i) Cover(s) to each solvent cleaning machine shall be in place during the idling mode, and during the downtime mode unless either the solvent has been removed from the machine or maintenance or monitoring is being performed that requires the cover(s) to not be in place. (ii) A reduced room draft as described in § 63.463(e)(2)(ii). (2) The parts baskets or the parts being cleaned in an open-top batch vapor cleaning machine shall not occupy more than 50 percent of the solvent/air interface area unless the parts baskets or parts are introduced at a speed of 0.9 meters per minute (3 feet per minute) or less. (3) Any spraying operations shall be done within the vapor zone or within a section of the solvent cleaning machine that is not directly exposed to the ambient air (i.e., a baffled or enclosed area of the solvent cleaning machine). (4) Parts shall be oriented so that the solvent drains from them freely. Parts having cavities or blind holes shall be tipped or rotated before being removed from any solvent cleaning machine unless an equally effective approach has been approved by the Administrator. (5) Parts baskets or parts shall not be removed from any solvent cleaning machine until dripping has stopped. (6) During startup of each vapor cleaning machine, the primary condenser shall be turned on before the sump heater. (7) During shutdown of each vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off. (8) When solvent is added or drained from any solvent cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface. (9) Each solvent cleaning machine and associated controls shall be maintained as recommended by the manufacturers of the equipment or using alternative maintenance practices that have been demonstrated to the Administrator's satisfaction to achieve the same or better results as those recommended by the manufacturer. (10) Each operator of a solvent cleaning machine shall complete and pass the applicable sections of the test of solvent cleaning procedures in appendix A to this part if requested during an inspection by the Administrator. (11) Waste solvent, still bottoms, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that would allow pressure relief, but would not allow liquid solvent to drain from the container. (12) Sponges, fabric, wood, and paper products shall not be cleaned. (e) Each owner or operator of a solvent cleaning machine complying with paragraph (b), (c), (g), or (h) of this section shall comply with the requirements specified in paragraphs (e)(1) through (4) of this section. (1) Conduct monitoring of each control device used to comply with § 63.463 of this subpart as provided in § 63.466. (2) Determine during each monitoring period whether each control device used to comply with these standards meets the requirements specified in paragraphs (e)(2)(i) through (xi) of this section. (i) If a freeboard refrigeration device is used to comply with these standards, the owner or operator shall ensure that the chilled air blanket temperature (in °F), measured at the center of the air blanket, is no greater than 30 percent of the solvent's boiling point. (ii) If a reduced room draft is used to comply with these standards, the owner or operator shall comply with the requirements specified in paragraphs (e)(2)(ii)(A) and (e)(2)(ii)(B) of this section. (A) Ensure that the flow or movement of air across the top of the freeboard area of the solvent cleaning machine or within the solvent cleaning machine enclosure does not exceed 15.2 meters per minute (50 feet per minute) at any time as measured using the procedures in § 63.466(d). (B) Establish and maintain the operating conditions under which the wind speed was demonstrated to be 15.2 meters per minute (50 feet per minute) or less as described in § 63.466(d). (iii) If a working-mode cover is used to comply with these standards, the owner or operator shall comply with the requirements specified in paragraphs (e)(2)(iii)(A) and (e)(2)(iii)(B) of this section. (A) Ensure that the cover opens only for part entrance and removal and completely covers the cleaning machine openings when closed. (B) Ensure that the working-mode cover is maintained free of cracks, holes, and other defects. (iv) If an idling-mode cover is used to comply with these standards, the owner or operator shall comply with the requirements specified in paragraphs (e)(2)(iv)(A) and (e)(2)(iv)(B) of this section. (A) Ensure that the cover is in place whenever parts are not in the solvent cleaning machine and completely covers the cleaning machine openings when in place. (B) Ensure that the idling-mode cover is maintained free of cracks, holes, and other defects. (v) If a dwell is used to comply with these standards, the owner or operator shall comply with the requirements specified in paragraphs (e)(2)(v)(A) and (e)(2)(v)(B) of this section. (A) Determine the appropriate dwell time for each type of part or parts basket, or determine the maximum dwell time using the most complex part type or parts basket, as described in § 63.465(d). (B) Ensure that, after cleaning, each part is held in the solvent cleaning machine freeboard area above the vapor zone for the dwell time determined for that particular part or parts basket, or for the maximum dwell time determined using the most complex part type or parts basket. (vi) If a superheated vapor system is used to comply with these standards, the owner or operator shall comply with the requirements specified in paragraphs (e)(2)(vi)(A) through (e)(2)(vi)(C) of this section. (A) Ensure that the temperature of the solvent vapor at the center of the superheated vapor zone is at least 10 °F above the solvent's boiling point. (B) Ensure that the manufacturer's specifications for determining the minimum proper dwell time within the superheated vapor system is followed. (C) Ensure that parts remain within the superheated vapor for at least the minimum proper dwell time. (vii) If a carbon adsorber in conjunction with a lip exhaust or other exhaust internal to the cleaning machine is used to comply with these standards, the owner or operator shall comply with the following requirements: (A) Ensure that the concentration of organic solvent in the exhaust from this device does not exceed 100 parts per million of any halogenated HAP compound as measured using the procedure in § 63.466(e). If the halogenated HAP solvent concentration in the carbon adsorber exhaust exceeds 100 parts per million, the owner or operator shall adjust the desorption schedule or replace the disposable canister, if not a regenerative system, so that the exhaust concentration of halogenated HAP solvent is brought below 100 parts per million. (B) Ensure that the carbon adsorber bed is not bypassed during desorption. (C) Ensure that the lip exhaust is located above the solvent cleaning machine cover so that the cover closes below the lip exhaust level. (viii) If a superheated part system is used to comply with the standards for continuous web cleaning machines in paragraph (g) of this section, the owner or operator shall ensure that the temperature of the continuous web part is at least 10 degrees Fahrenheit above the solvent boiling point while the part is traveling through the cleaning machine. (ix) If a squeegee system is used to comply with the continuous web cleaning requirements of paragraph (g)(3)(iii) or (h)(2)(i) of this section, the owner or operator shall comply with the following requirements. (A) Determine the appropriate maximum product throughput for the squeegees used in the squeegee system, as described in § 63.465(f). (B) Conduct the weekly monitoring required by § 63.466(a)(3). Record the results required by § 63.467(a)(6). (C) Calculate the total amount of continuous web product processed since the squeegees were replaced and compare to the maximum product throughput for the squeegees. (D) Ensure squeegees are replaced at or before the maximum product throughput is attained. (E) Redetermine the maximum product throughput for the squeegees if any solvent film is visible on the continuous web part immediately after it exits the cleaning machine. (x) If an air knife system is used to comply with the continuous web cleaning requirements of paragraph (g)(3)(iii) or (h)(2)(i) of this section, the owner or operator shall comply with the following requirements. (A) Determine the air knife parameter and parameter value that demonstrate to the Administrator's satisfaction that the air knife is properly operating. An air knife is properly operating if no visible solvent film remains on the continuous web part after it exits the cleaning machine. (B) Maintain the selected air knife parameter value at the level determined in paragraph (a) of this section. (C) Conduct the weekly monitoring required by § 63.466(a)(3). (D) Redetermine the proper air knife parameter value if any solvent film is visible on the continuous web part immediately after it exits the cleaning machine. (xi) If a combination squeegee and air knife system is used to comply with the continuous web cleaning requirements of paragraph (g)(3)(iii) or (h)(2)(i) of this section, the owner or operator shall comply with the following requirements. (A) Determine the system parameter and value that demonstrate to the Administrator's satisfaction that the system is properly operating. (B) Maintain the selected parameter value at the level determined in paragraph (a) of this section. (C) Conduct the weekly monitoring required by § 63.466(a)(3). (D) Redetermine the proper parameter value if any solvent film is visible on the continuous web part immediately after it exits the cleaning machine. (3) If any of the requirements of paragraph (e)(2) of this section are not met, determine whether an exceedance has occurred using the criteria in paragraphs (e)(3)(i) and (e)(3)(ii) of this section. (i) An exceedance has occurred if the requirements of paragraphs (e)(2)(ii)(B), (e)(2)(iii)(A), (e)(2)(iv)(A), (e)(2)(v), (e)(2)(vi)(B), (e)(2)(vi)(C), (e)(2)(vii)(B), or (e)(2)(vii)(C) of this section have not been met. (ii) An exceedance has occurred if the requirements of paragraphs (e)(2)(i), (e)(2)(ii)(A), (e)(2)(iii)(B), (e)(2)(iv)(B), (e)(2)(vi)(A), or (e)(2)(vii)(A) of this section have not been met and are not corrected within 15 days of detection. Adjustments or repairs shall be made to the solvent cleaning system or control device to reestablish required levels. The parameter must be remeasured immediately upon adjustment or repair and demonstrated to be within required limits. (4) The owner or operator shall report all exceedances and all corrections and adjustments made to avoid an exceedance as specified in § 63.468(h). (f) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the idling emission limit standards in paragraphs (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) of this section shall comply with the requirements specified in paragraphs (f)(1) through (f)(5) of this section. (1) Conduct an initial performance test to comply with the requirements specified in paragraphs (f)(1)(i) and (f)(1)(ii) of this section. (i) Demonstrate compliance with the applicable idling emission limit. (ii) Establish parameters that will be monitored to demonstrate compliance. If a control device is used that is listed in paragraph (e)(2) of this section, then the requirements for that control device as listed in paragraph (e)(2) of this section shall be used unless the owner or operator can demonstrate to the Administrator's satisfaction that an alternative strategy is equally effective. (2) Conduct the periodic monitoring of the parameters used to demonstrate compliance as described in § 63.466(f). (3) Operate the solvent cleaning machine within parameters identified in the initial performance test. (4) If any of the requirements in paragraphs (f)(1) through (f)(3) of this section are not met, determine whether an exceedance has occurred using the criteria in paragraphs (f)(4)(i) and (f)(4)(ii) of this section. (i) If using a control listed in paragraph (e) of this section, the owner or operator shall comply with the appropriate parameter values in paragraph (e)(2) and the exceedance delineations in paragraphs (e)(3)(i) and (e)(3)(ii) of this section. (ii) If using a control not listed in paragraph (e) of this section, the owner or operator shall indicate whether the exceedance of the parameters that are monitored to determine the proper functioning of this control would be classified as an immediate exceedance or whether a 15 day repair period would be allowed. This information must be submitted to the Administrator for approval. (5) The owner or operator shall report all exceedances and all corrections and adjustments made to avoid an exceedance as specified in § 63.468(h). (g) Except as provided in § 63.464 and in paragraph (h) of this section for remote reservoir continuous web cleaning machines, each owner or operator of a continuous web cleaning machine shall comply with paragraphs (g)(1) through (4) of this section for each continuous web cleaning machine. (1) Except as provided in paragraph (g)(2) of this section, install, maintain, and operate one of the following control combinations on each continuous web cleaning machine. (i) For each existing continuous web cleaning machine, the following control combinations are allowed: (A) Superheated vapor or superheated part technology, and a freeboard ratio of 1.0 or greater. (B) Freeboard refrigeration device and a freeboard ratio of 1.0 or greater. (C) Carbon adsorption system meeting the requirements of paragraph (e)(2)(vii) of this section. (ii) For each new continuous web cleaning machine, the following control combinations are allowed: (A) Superheated vapor or superheated part technology, and a freeboard refrigeration device. (B) A freeboard refrigeration device and a carbon adsorber meeting the requirements of paragraph (e)(2)(vii) of this section. (C) Superheated vapor or superheated part technology, and a carbon adsorber meeting the requirements of paragraph (e)(2)(vii) of this section. (2) If a carbon adsorber system can be demonstrated to the Administrator's satisfaction to have an overall solvent control efficiency (i.e., capture efficiency removal efficiency) of 70 percent or greater, this system is equivalent to the options in paragraph (g) of this section. (3) In lieu of complying with the provisions of paragraph (a) of this section, the owner or operator of a continuous web cleaning machine shall comply with the following provisions: (i) Each cleaning machine shall meet one of the following control equipment or technique requirements: (A) An idling and downtime mode cover, as described in paragraph (d)(1)(i) of this section, that may be readily opened or closed; that completely covers the cleaning machine openings when in place; and is free of cracks, holes, and other defects. A continuous web part that completely occupies an entry or exit port when the machine is idle is considered to meet this requirement. (B) A reduced room draft as described in paragraph (e)(2)(ii) of this section. (C) Gasketed or leakproof doors that separate both the continuous web part feed reel and take-up reel from the room atmosphere if the doors are checked according to the requirements of paragraph (e)(2)(iii) of this section. (D) A cleaning machine that is demonstrated to the Administrator's satisfaction to be under negative pressure during idling and downtime and is vented to a carbon adsorption system that meets the requirements of either paragraph (e)(2)(vii) of this section or paragraph (g)(2) of this section. (ii) Each continuous web cleaning machine shall have a freeboard ratio of 0.75 or greater unless that cleaning machine is a remote reservoir continuous web cleaning machine. (iii) Each cleaning machine shall have an automated parts handling system capable of moving parts or parts baskets at a speed of 3.4 meters per minute (11 feet per minute) or less from the initial loading of parts through removal of cleaned parts, unless the cleaning machine is a continuous web cleaning machine that has a squeegee system or air knife system installed, maintained, and operated on the continuous web cleaning machine meeting the requirements of paragraph (e) of this section. (iv) Each vapor cleaning machine shall be equipped with a device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils. This requirement does not apply to a vapor cleaning machine that uses steam to heat the solvent. (v) Each vapor cleaning machine shall be equipped with a vapor level control device that shuts off sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser. (vi) Each vapor cleaning machine shall have a primary condenser. (vii) Each cleaning machine that uses a lip exhaust or any other exhaust within the solvent cleaning machine shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber that meets the requirements of either paragraph (e)(2)(vii) or (g)(2) of this section. (4) In lieu of complying with the provisions of paragraph (d) of this section, the owner or operator of a continuous web cleaning machine shall comply with the following provisions: (i) Control air disturbances across the cleaning machine opening(s) by incorporating one of the following control equipment or techniques: (A) Cover(s) to each solvent cleaning machine shall be in place during the idling mode and during the downtime mode unless either the solvent has been removed from the machine or maintenance or monitoring is being performed that requires the cover(s) in place. A continuous web part that completely occupies an entry or exit port when the machine is idle is considered to meet this requirement. (B) A reduced room draft as described in paragraph (e)(2)(ii) of this section. (C) Gasketed or leakproof doors or covers that separate both the continuous web part feed reel and take-up reel from the room atmosphere if the doors are checked according to the requirements of paragraph (e)(2)(iii) of this section. (D) A cleaning machine that is demonstrated to the Administrator's satisfaction to be under negative pressure during idling and downtime and is vented to a carbon adsorption system that meets either the requirements of paragraph (e)(2)(vii) of this section or paragraph (g)(2) of this section. (ii) Any spraying operations shall be conducted in a section of the solvent cleaning machine that is not directly exposed to the ambient air (i.e., a baffled or enclosed area of the solvent cleaning machine) or within a machine having a door or cover that meets the requirements of paragraph (g)(4)(i)(C) of this section. (iii) During startup of each vapor cleaning machine, the primary condenser shall be turned on before the sump heater. (iv) During shutdown of each vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off. (v) When solvent is added or drained from any solvent cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings, and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface. (vi) Each solvent cleaning machine and associated controls shall be maintained as recommended by the manufacturers of the equipment or using alternative maintenance practices that have been demonstrated to the Administrator's satisfaction to achieve the same or better results as those recommended by the manufacturer. (vii) Waste solvent, still bottoms, sump bottoms, and waste absorbent materials used in the cleaning process for continuous web cleaning machines shall be collected and stored in waste containers. The closed containers may contain a device that would allow pressure relief, but would not allow liquid solvent to drain from the container. (viii) Except as provided in paragraph (g)(4)(ix) of this section, sponges, fabric, wood, and paper products shall not be cleaned. (ix) The prohibition in paragraph (g)(4)(viii) of this section does not apply to absorbent materials that are used as part of the cleaning process of continuous web cleaning machines, including rollers and roller covers. (h) Except as provided in § 63.464, each owner or operator of a remote reservoir continuous web cleaning machine shall comply with paragraphs (h)(1) through (4) of this section. (1) Except as provided in paragraph (h)(2) of this section, install, maintain, and operate one of the following controls on each new remote reservoir continuous web cleaning machine. (i) Superheated vapor or superheated part technology. (ii) A carbon adsorber meeting the requirements of paragraph (e)(2)(vii) of this section. (iii) If a carbon adsorber system can be demonstrated to the Administrator's satisfaction to have an overall solvent control efficiency (i.e., capture efficiency removal efficiency) of 70 percent or greater, this system is equivalent to the options in paragraphs (h)(1)(i) and (h)(1)(ii) of this section. (2) In lieu of complying with the provisions of paragraph (a) of this section, the owner or operator of a remote reservoir continuous web cleaning machine shall comply with the following provisions: (i) Each cleaning machine shall have an automated parts handling system capable of moving parts or parts baskets at a speed of 3.4 meters per minute (11 feet per minute) or less from the initial loading of parts through removal of cleaned parts, unless the cleaning machine is a continuous web cleaning machine that has a squeegee system or air knife system installed, maintained, and operated on the continuous web cleaning machine meeting the requirements of paragraph (e) of this section. (ii) Each vapor cleaning machine shall be equipped with a device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils. (iii) Each vapor cleaning machine shall be equipped with a vapor level control device that shuts off sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser. (iv) Each vapor cleaning machine shall have a primary condenser. (v) Each cleaning machine that uses a lip exhaust or any other exhaust within the solvent cleaning machine shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber that meets the requirements of either paragraph (e)(2)(vii) or (g)(2) of this section. (3) In lieu of complying with the provisions of paragraph (d) of this section, the owner or operator of a remote reservoir continuous web cleaning machine shall comply with the following provisions: (i) Any spraying operations shall be conducted in a section of the solvent cleaning machine that is not directly exposed to the ambient air (i.e., a baffled or enclosed area of the solvent cleaning machine) or within a machine having a door or cover that meets the requirements of paragraph (g)(4)(i)(C) of this section. (ii) During startup of each vapor cleaning machine, the primary condenser shall be turned on before the sump heater. (iii) During shutdown of each vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off. (iv) When solvent is added or drained from any solvent cleaning machine, the solvent shall be transferred using threaded or other leakproof couplings, and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface. (v) Each solvent cleaning machine and associated controls shall be maintained as recommended by the manufacturers of the equipment or using alternative maintenance practices that have been demonstrated to the Administrator's satisfaction to achieve the same or better results as those recommended by the manufacturer. (vi) Waste solvent, still bottoms, sump bottoms, and waste absorbent materials used in the cleaning process for continuous web cleaning machines shall be collected and stored in waste containers. The closed containers may contain a device that would allow pressure relief, but would not allow liquid solvent to drain from the container. (vii) Except as provided in paragraph (h)(3)(viii) of this section, sponges, fabric, wood, and paper products shall not be cleaned. (viii) The prohibition in paragraph (h)(3)(vii) of this section does not apply to absorbent materials that are used as part of the cleaning process of continuous web cleaning machines, including rollers and roller covers. [59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 FR 67799, Dec. 3, 1999; 65 FR 54422, Sept. 8, 2000; 68 FR 37349, June 23, 2003] § 63.464 Alternative standards. (a) As an alternative to meeting the requirements in § 63.463, each owner or operator of a batch vapor or in-line solvent cleaning machine can elect to comply with the requirements of § 63.464. An owner or operator of a solvent cleaning machine who elects to comply with § 63.464 shall comply with the requirements specified in either paragraph (a)(1) or (a)(2) of this section. (1) If the cleaning machine has a solvent/air interface, as defined in § 63.461, the owner or operator shall comply with the requirements specified in paragraphs (a)(1)(i) and (a)(1)(ii) of this section. (i) Maintain a log of solvent additions and deletions for each solvent cleaning machine. (ii) Ensure that the emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in table 5 of this subpart as determined using the procedures in § 63.465(b) and (c). Table 5—Emission Limits for Batch Vapor and In-Line Solvent Cleaning Machines With a Solvent/Air Interface Solvent cleaning machine 3-month rolling average monthly emission limit (kilograms/square meters/month) Batch vapor solvent cleaning machines 150 Existing in-line solvent cleaning machines 153 New in-line solvent cleaning machines 99 (2) If the cleaning machine is a batch vapor cleaning machine and does not have a solvent/air interface, the owner or operator shall comply with the requirements specified in paragraphs (a)(2)(i) and (a)(2)(ii) of this section. (i) Maintain a log of solvent additions and deletions for each solvent cleaning machine. (ii) Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in paragraphs (a)(2)(ii)(A) and (a)(2)(ii)(B) of this section. (A) For cleaning machines with a cleaning capacity, as reported in § 63.468(d), that is less than or equal to 2.95 cubic meters, the emission limit shall be determined using table 6 or equation 1. If using table 6, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, then the lower of the two emission limits applies. (B) For cleaning machines with a cleaning capacity as reported in § 63.468(d), that is greater than 2.95 cubic meters, the emission limit shall be determined using equation 1. EL = 330 * (Vol) 0.6 where: EL = the 3-month rolling average monthly emission limit (kilograms/month). Table 6—Emission Limits for Cleaning Machines Without a Solvent/Air Interface Cleaning capacity (cubic meters) 3-month rolling average monthly emission limit (kilograms/month) 0.00 0 0.05 55 0.10 83 0.15 106 0.20 126 0.25 144 0.30 160 0.35 176 0.40 190 0.45 204 0.50 218 0.55 231 0.60 243 0.65 255 0.70 266 0.75 278 0.80 289 0.85 299 0.90 310 0.95 320 1.00 330 1.05 340 1.10 349 1.15 359 1.20 368 1.25 377 1.30 386 1.35 395 1.40 404 1.45 412 1.50 421 1.55 429 1.60 438 1.65 446 1.70 454 1.75 462 1.80 470 1.85 477 1.90 485 1.95 493 2.00 500 2.05 508 2.10 515 2.15 522 2.20 530 2.25 537 2.30 544 2.35 551 2.40 558 2.45 565 2.50 572 2.55 579 2.60 585 2.65 592 2.70 599 2.75 605 2.80 612 2.85 619 2.90 625 2.95 632 Vol = the cleaning capacity of the solvent cleaning machine (cubic meters). (b) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with § 63.464(a) shall demonstrate compliance with the applicable 3-month rolling average monthly emission limit on a monthly basis as described in § 63.465(b) and (c). (c) If the applicable 3-month rolling average emission limit is not met, an exceedance has occurred. All exceedances shall be reported as required in § 63.468(h). (d) As an alternative to meeting the requirements in § 63.463, each owner or operator of a continuous web cleaning machine can demonstrate an overall cleaning system control efficiency of 70 percent or greater using the procedures in § 63.465(g). This demonstration can be made for either a single cleaning machine or for a solvent cleaning system that contains one or more cleaning machines and ancillary equipment, such as storage tanks and distillation units. If the demonstration is made for a cleaning system, the facility must identify any modifications required to the procedures in § 63.465(g) and they must be approved by the Administrator. [59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999; 65 FR 54423, Sept. 8, 2000] § 63.465 Test methods. (a) Except as provided in paragraphs (f) and (g) of this section for continuous web cleaning machines, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with an idling emission limit standard in § 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall determine the idling emission rate of the solvent cleaning machine using Reference Method 307 in appendix A of this part. (b) Except as provided in paragraph (g) of this section for continuous web cleaning machines, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with § 63.464 shall, on the first operating day of every month ensure that the solvent cleaning machine system contains only clean liquid solvent. This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soils. A fill line must be indicated during the first month the measurements are made. The solvent level within the machine must be returned to the same fill-line each month, immediately prior to calculating monthly emissions as specified in paragraph (c) of this section. The solvent cleaning machine does not have to be emptied and filled with fresh unused solvent prior to the calculations. (c) Except as provided in paragraphs (f) and (g) of this section for continuous web cleaning machines, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with § 63.464 shall, on the first operating day of the month, comply with the requirements specified in paragraphs (c)(1) through (3) of this section. (1) Using the records of all solvent additions and deletions for the previous monthly reporting period required under § 63.464(a), determine solvent emissions (Ei) using equation 2 for cleaning machines with a solvent/air interface and equation 3 for cleaning machines without a solvent/air interface: where: E i E n SA i LSR i SSR i AREA i (2) Determine SSR i (i) From tests conducted using EPA reference method 25d. (ii) By engineering calculations included in the compliance report. (3) Determine the monthly rolling average, EA, for the 3-month period ending with the most recent reporting period using equation 4 for cleaning machines with a solvent/air interface or equation 5 for cleaning machines without a solvent/air interface: Where: EA i EA n E i E n j = 1 = the most recent monthly reporting period. j = 2 = the monthly reporting period immediately prior to j = 1. j = 3 = the monthly reporting period immediately prior to j = 2. (d) Each owner or operator of a batch vapor or in-line solvent cleaning machine using a dwell to comply with § 63.463 shall determine the appropriate dwell time for each part or parts basket using the procedure specified in paragraphs (d)(1) and (d)(2) of this section. (1) Determine the amount of time for the part or parts basket to cease dripping once placed in the vapor zone. The part or parts basket used for this determination must be at room temperature before being placed in the vapor zone. (2) The proper dwell time for parts to remain in the freeboard area above the vapor zone is no less than 35 percent of the time determined in paragraph (d)(1) of this section. (e) An owner or operator of a source shall determine their potential to emit from all solvent cleaning operations, using the procedures described in paragraphs (e)(1) through (e)(3) of this section. A facility's total potential to emit is the sum of the HAP emissions from all solvent cleaning operations, plus all HAP emissions from other sources within the facility. (1) Determine the potential to emit for each individual solvent cleaning using equation 6. PTE i i i i Where: PTE i H i = 8760 hours per year, unless otherwise restricted by a Federally enforceable requirement. W i = 1.95 kilograms per square meter per hour for batch vapor and cold cleaning machines. = 1.12 kilograms per square meter per hour for in-line cleaning machines. SAI i (2) Cleaning machines that do not have a solvent/air interface shall calculate a solvent/air interface area using equation 7. SAI = 2.20 * (Vol) 0.6 Where: SAI = the solvent/air interface area (square meters). Vol = the cleaning capacity of the solvent cleaning machine (cubic meters). (3) Sum the PTE i (f) Each owner or operator of a continuous web cleaning machine using a squeegee system to comply with § 63.463(g)(3) shall determine the maximum product throughput using the method in this paragraph. The maximum product throughput for each squeegee type used at a facility must be determined prior to December 2, 1999, the compliance date for these units. (1) Conduct daily visual inspections of the continuous web part. This monitoring shall be conducted at the point where the continuous web part exits the squeegee system. It is not necessary for the squeegees to be new at the time monitoring is begun if the following two conditions are met: (i) The continuous web part leaving the squeegee system has no visible solvent film. (ii) The amount of continuous web that has been processed through the squeegees since the last replacement is known. (2) Continue daily monitoring until a visible solvent film is noted on the continuous web part. (3) Determine the length of continuous web product that has been cleaned using the squeegee since it was installed. (4) The maximum product throughput for the purposes of this rule is equal to the time it takes to clean 95 percent of the length of product determined in paragraph (f)(3) of this section. This time period, in days, may vary depending on the amount of continuous web product cleaned each day. (g) Each owner or operator of a continuous web cleaning machine demonstrating compliance with the alternative standard of § 63.464(d) shall, on the first day of every month, ensure that the solvent cleaning machine contains only clean liquid solvent. This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soils. A fill-line must be indicated during the first month the measurements are made. The solvent level with the machine must be returned to the same fill-line each month, immediately prior to calculating overall cleaning system control efficiency emissions as specified in paragraph (h) in this section. The solvent cleaning machine does not need to be emptied and filled with fresh unused solvent prior to the calculation. (h) Each owner or operator of a continuous web cleaning machines complying with § 63.464(d) shall, on the first operating day of the month, comply with the following requirements. (1) Using the records of all solvent additions, solvent deletions, and solvent recovered from the carbon adsorption system for the previous monthly reporting period required under § 63.467(e), determine the overall cleaning system control efficiency (E o Where: E o R i Sa i SSR i [59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67801, Dec. 3, 1999; 65 FR 54423, Sept. 8, 2000] § 63.466 Monitoring procedures. (a) Except as provided in paragraph (g) of this section, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the equipment standards in § 63.463(b)(1)(i), (b)(2)(i), (c)(1)(i), (c)(2)(i), (g)(1), or (g)(2) shall conduct monitoring and record the results on a weekly basis for the control devices, as appropriate, specified in paragraphs (a)(1) through (5) of this section. (1) If a freeboard refrigeration device is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the air blanket during the idling mode. (2) If a superheated vapor system is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the superheated solvent vapor zone while the solvent cleaning machine is in the idling mode. (3) If a squeegee system, air knife system, or combination squeegee and air knife system is used to comply with the requirements of § 63.463(g) or (h), the owner or operator shall visually inspect the continuous web part exiting the solvent cleaning machine to ensure that no solvent film is visible on the part. (4) Except as provided in paragraph (a)(5) of this section, if a superheated part system is used to comply with the requirements of § 63.463(g) or (h), the owner or operator shall use a thermometer, thermocouple, or other temperature measurement device to measure the temperature of the continuous web part while it is in the solvent cleaning machine. This measurement can also be taken at the exit of the solvent cleaning machine. (5) As an alternative to complying with paragraph (a)(4) of this section, the owner or operator can provide data, sufficient to satisfy the Administrator, that demonstrate that the part temperature remains above the boiling point of the solvent at all times that the part is within the continuous web solvent cleaning machine. This data could include design and operating conditions such as information supporting any exothermic reaction inherent in the processing. (b) Except as provided in paragraph (g) of this section, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the equipment standards of § 63.463 (b)(1)(i), (b)(2)(i), (c)(1)(i), or (c)(2)(i) shall conduct monitoring and record the results on a monthly basis for the control devices, as appropriate, specified in paragraphs (b)(1) and (b)(2) of this section. (1) If a cover (working-mode, downtime-mode, and/or idling-mode cover) is used to comply with these standards, the owner or operator shall conduct a visual inspection to determine if the cover is opening and closing properly, completely covers the cleaning machine openings when closed, and is free of cracks, holes, and other defects. (2) If a dwell is used, the owner or operator shall determine the actual dwell time by measuring the period of time that parts are held within the freeboard area of the solvent cleaning machine after cleaning. (c) Except as provided in paragraph (g) of this section, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the equipment or idling standards in § 63.463 shall monitor the hoist speed as described in paragraphs (c)(1) through (c)(4) of this section. (1) The owner or operator shall determine the hoist speed by measuring the time it takes for the hoist to travel a measured distance. The speed is equal to the distance in meters divided by the time in minutes (meters per minute). (2) The monitoring shall be conducted monthly. If after the first year, no exceedances of the hoist speed are measured, the owner or operator may begin monitoring the hoist speed quarterly. (3) If an exceedance of the hoist speed occurs during quarterly monitoring, the monitoring frequency returns to monthly until another year of compliance without an exceedance is demonstrated. (4) If an owner or operator can demonstrate to the Administrator's satisfaction in the initial compliance report that the hoist cannot exceed a speed of 3.4 meters per minute (11 feet per minute), the required monitoring frequency is quarterly, including during the first year of compliance. (d) Except as provided in paragraph (g) of this section, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the equipment standards in § 63.463 (b)(1)(i), (b)(2)(i), (c)(1)(i), or (c)(2)(i) using a reduced room draft shall conduct monitoring and record the results as specified in paragraph (d)(1) or (d)(2) of this section. (1) If the reduced room draft is maintained by controlling room parameters (i.e., redirecting fans, closing doors and windows, etc.), the owner or operator shall conduct an initial monitoring test of the windspeed and of room parameters, quarterly monitoring of windspeed, and weekly monitoring of room parameters as specified in paragraphs (d)(1)(i) and (d)(1)(ii) of this section. (i) Measure the windspeed within 6 inches above the top of the freeboard area of the solvent cleaning machine using the procedure specified in paragraphs (d)(1)(i)(A) through (d)(1)(i)(D) of this section. (A) Determine the direction of the wind current by slowly rotating a velometer or similar device until the maximum speed is located. (B) Orient a velometer in the direction of the wind current at each of the four corners of the machine. (C) Record the reading for each corner. (D) Average the values obtained at each corner and record the average wind speed. (ii) Monitor on a weekly basis the room parameters established during the initial compliance test that are used to achieve the reduced room draft. (2) If an enclosure (full or partial) is used to achieve a reduced room draft, the owner or operator shall conduct an initial monitoring test and, thereafter, monthly monitoring tests of the windspeed within the enclosure using the procedure specified in paragraphs (d)(2)(i) and (d)(2)(ii) of this section and a monthly visual inspection of the enclosure to determine if it is free of cracks, holes and other defects. (i) Determine the direction of the wind current in the enclosure by slowly rotating a velometer inside the entrance to the enclosure until the maximum speed is located. (ii) Record the maximum wind speed. (e) Except as provided in paragraph (g) of this section, each owner or operator using a carbon adsorber to comply with this subpart shall measure and record the concentration of halogenated HAP solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the carbon adsorber. The exhaust concentration shall be determined using the procedure specified in paragraphs (e)(1) through (e)(3) of this section. (1) Use a colorimetric detector tube designed to measure a concentration of 100 parts per million by volume of solvent in air to an accuracy of ±25 parts per million by volume. (2) Use the colorimetric detector tube according to the manufacturer's instructions. (3) Provide a sampling port for monitoring within the exhaust outlet of the carbon adsorber that is easily accessible and located at least 8 stack or duct diameters downstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet; and 2 stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, inlet or outlet. (f) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the idling emission limit standards of § 63.463 (b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall comply with the requirements specified in paragraphs (f)(1) and (f)(2) of this section. (1) If using controls listed in paragraphs (a) through (e) of this section, the owner or operator shall comply with the monitoring frequency requirements in paragraphs (a) through (e) of this section. (2) If using controls not listed in paragraphs (a) through (e) of this section, the owner or operator shall establish the monitoring frequency for each control and submit it to the Administrator for approval in the initial test report. (g) Each owner or operator using a control device listed in paragraphs (a) through (e) of this section can use alternative monitoring procedures approved by the Administrator. [59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67802, Dec. 3, 1999] § 63.467 Recordkeeping requirements. (a) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.463 shall maintain records in written or electronic form specified in paragraphs (a)(1) through (7) of this section for the lifetime of the machine. (1) Owner's manuals, or if not available, written maintenance and operating procedures, for the solvent cleaning machine and control equipment. (2) The date of installation for the solvent cleaning machine and all of its control devices. If the exact date for installation is not known, a letter certifying that the cleaning machine and its control devices were installed prior to, or on, November 29, 1993, or after November 29, 1993, may be substituted. (3) If a dwell is used to comply with these standards, records of the tests required in § 63.465(d) to determine an appropriate dwell time for each part or parts basket. (4) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the idling emission limit standards of § 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), or (c)(2)(ii) shall maintain records of the initial performance test, including the idling emission rate and values of the monitoring parameters measured during the test. (5) Records of the halogenated HAP solvent content for each solvent used in a solvent cleaning machine subject to the provisions of this subpart. (6) If a squeegee system is used to comply with these standards, records of the test required by § 63.466(f) to determine the maximum product throughput for the squeegees and records of both the weekly monitoring required by § 63.466(a)(3) for visual inspection and the length of continuous web product cleaned during the previous week. (7) If an air knife system or a combination squeegee and air knife system is used to comply with these standards, records of the determination of the proper operating parameter and parameter value for the air knife system. (b) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with § 63.463 shall maintain records specified in paragraphs (b)(1) through (b)(4) of this section either in electronic or written form for a period of 5 years. (1) The results of control device monitoring required under § 63.466. (2) Information on the actions taken to comply with § 63.463(e) and (f). This information shall include records of written or verbal orders for replacement parts, a description of the repairs made, and additional monitoring conducted to demonstrate that monitored parameters have returned to accepted levels. (3) Estimates of annual solvent consumption for each solvent cleaning machine. (4) If a carbon adsorber is used to comply with these standards, records of the date and results of the weekly measurement of the halogenated HAP solvent concentration in the carbon adsorber exhaust required in § 63.466(e). (c) Except as provided in paragraph (e) of this section for continuous web cleaning machines, each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.464 shall maintain records specified in paragraphs (c)(1) through (3) of this section either in electronic or written form for a period of 5 years. (1) The dates and amounts of solvent that are added to the solvent cleaning machine. (2) The solvent composition of wastes removed from cleaning machines as determined using the procedure described in § 63.465(c)(2). (3) Calculation sheets showing how monthly emissions and the rolling 3-month average emissions from the solvent cleaning machine were determined, and the results of all calculations. (d) Each owner or operator of a solvent cleaning machine without a solvent/air interface complying with the provisions of § 63.464 shall maintain records on the method used to determine the cleaning capacity of the cleaning machine. (e) Each owner or operator of a continuous web cleaning machine complying with the provisions of § 63.464(d) shall maintain the following records in either electronic or written form for a period of 5 years. (1) The dates and amounts of solvent that are added to the solvent cleaning machine. (2) The dates and amounts of solvent that are recovered from the desorption of the carbon adsorber system. (3) The solvent composition of wastes removed from each cleaning machine as determined using the procedures in § 63.465(c)(2). (4) Calculation sheets showing the calculation and results of determining the overall cleaning system control efficiency, as required by § 63.465. [59 FR 61805, Dec. 2, 1994, as amended at 64 FR 67802, Dec. 3, 1999; 68 FR 37349, June 23, 2003] § 63.468 Reporting requirements. (a) Each owner or operator of an existing solvent cleaning machine subject to the provisions of this subpart shall submit an initial notification report to the Administrator no later than August 29, 1995, or no later than 120 days after the source becomes subject to this subpart, whichever is later. This report shall include the information specified in paragraphs (a)(1) through (6) of this section. (1) The name and address of the owner or operator. (2) The address (i.e., physical location) of the solvent cleaning machine(s). (3) A brief description of each solvent cleaning machine including machine type (batch vapor, batch cold, vapor in-line or cold in-line), solvent/air interface area, and existing controls. (4) The date of installation for each solvent cleaning machine or a letter certifying that the solvent cleaning machine was installed prior to, or after, November 29, 1993. (5) The anticipated compliance approach for each solvent cleaning machine. (6) An estimate of annual halogenated HAP solvent consumption for each solvent cleaning machine. (b) Each owner or operator of a new solvent cleaning machine subject to the provisions of this subpart shall submit an initial notification report to the Administrator. New sources for which construction or reconstruction had commenced and initial startup had not occurred before December 2, 1994, shall submit this report as soon as practicable before startup but no later than January 31, 1995, or no later than 120 days after the source becomes subject to this subpart, whichever is later. New sources for which the construction or reconstruction commenced after December 2, 1994, shall submit this report as soon as practicable before the construction or reconstruction is planned to commence or for sources which reclassify to major source status, no later than 120 days after the source becomes subject to this subpart. This report shall include all of the information required in § 63.5(d)(1) of subpart A (General Provisions), with the revisions and additions in paragraphs (b)(1) through (b)(3) of this section. (1) The report shall include a brief description of each solvent cleaning machine including machine type (batch vapor, batch cold, vapor in-line, or cold-line), solvent/air interface area, and existing controls. (2) The report shall include the anticipated compliance approach for each solvent cleaning machine. (3) In lieu of § 63.5(d)(1)(ii)(H) of subpart A of this part, the owner or operator must report an estimate of annual halogenated HAP solvent consumption for each solvent cleaning machine. (c) Each owner or operator of a batch cold solvent cleaning machine subject to the provisions of this subpart shall submit a compliance report to the Administrator. For existing sources, this report shall be submitted to the Administrator no later than 150 days after the compliance date specified in § 63.460(d), or no later than 120 days after the source becomes subject to this subpart, whichever is later. For new sources, this report shall be submitted to the Administrator no later than 150 days after startup or May 1, 1995, or no later than 120 days after the source becomes subject to this subpart, whichever is later. This report shall include the requirements specified in paragraphs (c)(1) through (4) of this section. (1) The name and address of the owner or operator. (2) The address (i.e., physical location) of the solvent cleaning machine(s). (3) A statement, signed by the owner or operator of the solvent cleaning machine, stating that the solvent cleaning machine for which the report is being submitted is in compliance with the provisions of this subpart. (4) The compliance approach for each solvent cleaning machine. (d) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.463 shall submit to the Administrator an initial statement of compliance for each solvent cleaning machine. For existing sources, this report shall be submitted to the Administrator no later than 150 days after the compliance date specified in § 63.460(d), or no later than 120 days after the source becomes subject to this subpart, whichever is later. For new sources, this report shall be submitted to the Administrator no later than 150 days after startup or May 1, 1995, or no later than 120 days after the source becomes subject to this subpart, whichever is later. This statement shall include the requirements specified in paragraphs (d)(1) through (6) of this section. (1) The name and address of the owner or operator. (2) The address (i.e., physical location) of the solvent cleaning machine(s). (3) A list of the control equipment used to achieve compliance for each solvent cleaning machine. (4) For each piece of control equipment required to be monitored, a list of the parameters that are monitored and the values of these parameters measured on or during the first month after the compliance date. (5) Conditions to maintain the wind speed requirements of § 63.463(e)(2)(ii), if applicable. (6) Each owner or operator of a solvent cleaning machine complying with the idling emission limit standards of § 63.463(b)(1)(ii), (b)(2)(ii), (c)(1)(ii), and (c)(2)(ii) shall submit a test report for tests of idling emissions meeting the specifications in Method 307 of appendix A to this subpart. This report shall comply with the requirements specified in paragraphs (d)(6)(i) through (d)(6)(iv) of this section. (i) This test must be on the same specific model cleaner used at the source. The test can be done by the owner or operator of the affected machine or can be supplied by the vendor of that solvent cleaning machine or a third party. (ii) This report must clearly state the monitoring parameters, monitoring frequency and the delineation of exceedances for each parameter. (iii) If a solvent cleaning machine vendor or third party test report is used to demonstrate compliance, it shall include the following for the solvent cleaning machine tested: Name of person(s) or company that performed the test, model name, the date the solvent cleaning machine was tested, serial number, and a diagram of the solvent cleaning machine tested. (iv) If a solvent cleaning machine vendor or third party test report is used, the owner or operator of the solvent cleaning machine shall comply with the requirements specified in either paragraphs (d)(6)(iv)(A) and (d)(6)(iv)(B) of this section. (A) Submit a statement by the solvent cleaning machine vendor that the unit tested is the same as the unit the report is being submitted for. (B) Demonstrate to the Administrator's satisfaction that the solvent emissions from the solvent cleaning machine for which the test report is being submitted are equal to or less than the solvent emissions from the solvent cleaning machine in the vendor test report. (7) If a carbon adsorber is used to comply with these standards, the date and results of the weekly measurement of the halogenated HAP solvent concentration in the carbon adsorber exhaust required in § 63.466(e). (e) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.464 shall submit to the Administrator an initial statement of compliance for each solvent cleaning machine. For existing sources, this report shall be submitted to the Administrator no later than 150 days after the compliance date specified in § 63.460(d). For new sources, this report shall be submitted to the Administrator no later than 150 days after startup or May 1, 1995, whichever is later. The statement shall include the information specified in paragraphs (e)(1) through (e)(4) of this section. (1) The name and address of the solvent cleaning machine owner or operator. (2) The address of the solvent cleaning machine(s). (3) The solvent/air interface area for each solvent cleaning machine or, for cleaning machines without a solvent/air interface, a description of the method used to determine the cleaning capacity and the results. (4) The results of the first 3-month average emissions calculation. (f) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.463 shall submit an annual report by February 1 of the year following the one for which the reporting is being made. This report shall include the requirements specified in paragraphs (f)(1) through (f)(3) of this section. (1) A signed statement from the facility owner or his designee stating that, “All operators of solvent cleaning machines have received training on the proper operation of solvent cleaning machines and their control devices sufficient to pass the test required in § 63.463(d)(10).” (2) An estimate of solvent consumption for each solvent cleaning machine during the reporting period. (3) The reports required under paragraphs (f) and (g) of this section can be combined into a single report for each facility. (g) Each owner or operator of a batch vapor or in-line solvent cleaning machine complying with the provisions of § 63.464 shall submit a solvent emission report every year. This solvent emission report shall contain the requirements specified in paragraphs (g)(1) through (g)(4) of this section. (1) The size and type of each unit subject to this subpart (solvent/air interface area or cleaning capacity). (2) The average monthly solvent consumption for the solvent cleaning machine in kilograms per month. (3) The 3-month monthly rolling average solvent emission estimates calculated each month using the method as described in § 63.465(c). (4) The reports required under paragraphs (f) and (g) of this section can be combined into a single report for each facility. (h) Each owner or operator of a batch vapor or in-line solvent cleaning machine shall submit an exceedance report to the Administrator semiannually except when, the Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the source or, an exceedance occurs. Once an exceedance has occurred the owner or operator shall follow a quarterly reporting format until a request to reduce reporting frequency under paragraph (i) of this section is approved. Exceedance reports shall be delivered or postmarked by the 30th day following the end of each calendar half or quarter, as appropriate. The exceedance report shall include the applicable information in paragraphs (h) (1) through (3) of this section. (1) Information on the actions taken to comply with § 63.463 (e) and (f). This information shall include records of written or verbal orders for replacement parts, a description of the repairs made, and additional monitoring conducted to demonstrate that monitored parameters have returned to accepted levels. (2) If an exceedance has occurred, the reason for the exceedance and a description of the actions taken. (3) If no exceedances of a parameter have occurred, or a piece of equipment has not been inoperative, out of control, repaired, or adjusted, such information shall be stated in the report. (i) An owner or operator who is required to submit an exceedance report on a quarterly (or more frequent) basis may reduce the frequency of reporting to semiannual if the conditions in paragraphs (i)(1) through (i)(3) of this section are met. (1) The source has demonstrated a full year of compliance without an exceedance. (2) The owner or operator continues to comply with all relevant recordkeeping and monitoring requirements specified subpart A (General Provisions) and in this subpart. (3) The Administrator does not object to a reduced frequency of reporting for the affected source as provided in paragraph (e)(3)(iii) of subpart A (General Provisions). (j) [Reserved] (k) Each owner or operator of a solvent cleaning machine requesting an equivalency determination, as described in § 63.469 shall submit an equivalency request report to the Administrator. For existing sources, this report must be submitted to the Administrator no later than June 3, 1996. For new sources, this report must be submitted and approved by the Administrator prior to startup. [59 FR 61805, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 64 FR 69643, Dec. 14, 1999; 71 FR 75346, Dec. 19, 200585 FR 73890, Nov. 19, 2020] § 63.469 Equivalent methods of control. Upon written application, the Administrator may approve the use of equipment or procedures after they have been satisfactorily demonstrated to be equivalent, in terms of reducing emissions of methylene chloride, perchloroethylene, trichloroethylene, 1,1,1-trichloroethane, carbon tetrachloride or chloroform to the atmosphere, to those prescribed for compliance within a specified paragraph of this subpart. The application must contain a complete description of the equipment or procedure and the proposed equivalency testing procedure and the date, time, and location scheduled for the equivalency demonstration. § 63.470 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.460, 63.462(a) through (d), and 63.463 through 63.464 (except for the authorities in § 63.463(d)(9)). Use the procedures in § 63.469 to request the use of alternative equipment or procedures. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37349, June 23, 2003] § 63.471 Facility-wide standards. (a) Each owner or operator of an affected facility shall comply with the requirements specified in this section. For purposes of this section, affected facility means all solvent cleaning machines, except solvent cleaning machines used in the manufacture and maintenance of aerospace products, solvent cleaning machines used in the manufacture of narrow tubing, and continuous web cleaning machines, located at a major source that are subject to the facility-wide limits in paragraph (b)(2) of this section, and for area sources, affected facility means all solvent cleaning machines, except cold batch cleaning machines, located at an area source that are subject to the facility-wide limits in paragraph (b)(2) of this section. (b)(1) Each owner or operator of an affected facility must maintain a log of solvent additions and deletions for each solvent cleaning machine. (2) Each owner or operator of an affected facility must ensure that the total emissions of perchloroethylene (PCE), trichloroethylene (TCE) and methylene chloride (MC) used at the affected facility are equal to or less than the applicable facility-wide 12-month rolling total emission limit presented in Table 1 of this section as determined using the procedures in paragraph (c) of this section. Table 1—Facility-wide Emission Limits for Facilities With Solvent Cleaning Machines Solvents emitted Facility-wide annual emission limits in kg—for general population degreasing machines Facility-wide annual emission limit in kg for military depot PCE only a 4,800 8,000 TCE only 14,100 23,500 MC only 60,000 100,000 Multiple solvents—Calculate the MC-weighted emissions using equation 1 60,000 100,000 a Note: In the equation, the facility emissions of PCE and TCE are weighted according to their carcinogenic potency relative to that of MC. The value of A is 12.5. The value for B is 4.25. Where: WE = Weighted 12-month rolling total emissions in kg (lbs). PCE = 12-month rolling total PCE emissions from all solvent cleaning machines at the facility in kg (lbs). TCE = 12-month rolling total TCE emission from all solvent cleaning machines at the facility in kg (lbs). MC = 12-month rolling total MC emissions from all solvent cleaning machines at the facility in kg (lbs). (c) Each owner or operator of an affected facility shall on the first operating day of every month, demonstrate compliance with the applicable facility-wide emission limit on a 12-month rolling total basis using the procedures in paragraphs (c)(1) through (5) of this section. For purposes of this paragraph, “each solvent cleaning machine” means each solvent cleaning machine that is part of an affected facility regulated by this section. (1) Each owner or operator of an affected facility shall, on the first operating day of every month, ensure that each solvent cleaning machine system contains only clean liquid solvent. This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soiled materials. A fill line must be indicated during the first month the measurements are made. The solvent level within the machine must be returned to the same fill-line each month, immediately prior to calculating monthly emissions as specified in paragraphs (c)(2) and (3) of this section. The solvent cleaning machine does not have to be emptied and filled with fresh unused solvent prior to the calculations. (2) Each owner or operator of an affected facility shall, on the first operating day of the month, using the records of all solvent additions and deletions for the previous month, determine solvent emissions (E unit Where: E unit SA i LSR i SSR i (3) Each owner or operator of an affected facility shall, on the first operating day of the month, determine SSR i (i) From tests conducted using EPA reference method 25d. (ii) By engineering calculations included in the compliance report. (4) Each owner or operator of an affected facility shall on the first operating day of the month, after 12 months of emissions data are available, determine the 12-month rolling total emissions, ET unit Where: ET unit E unit (5) Each owner or operator of an affected facility shall on the first operating day of the month, after 12 months of emissions data are available, determine the 12-month rolling total emissions, ET facility Where: ET facility ET unit (d) If the applicable facility-wide emission limit presented in Table 1 of paragraph (b)(2) is not met, an exceedance has occurred. All exceedances shall be reported as required in § 63.468(h). (e) Each owner or operator of an affected facility shall maintain records specified in paragraphs (e)(1) through (3) of this section either in electronic or written form for a period of 5 years. For purposes of this paragraph, “each solvent cleaning machine” means each solvent cleaning machine that is part of an affected facility regulated by this section. (1) The dates and amounts of solvent that are added to each solvent cleaning machine. (2) The solvent composition of wastes removed from each solvent cleaning machines as determined using the procedure described in paragraph (c)(3) of this section. (3) Calculation sheets showing how monthly emissions and the 12-month rolling total emissions from each solvent cleaning machine were determined, and the results of all calculations. (f) Each owner or operator of an affected facility shall submit an initial notification report to the Administrator no later than May 3, 2010. This report shall include the information specified in paragraphs (f)(1) through (5) of this section. (1) The name and address of the owner or operator of the affected facility. (2) The address (i.e., physical location) of the solvent cleaning machine(s) that is part of an affected facility regulated by this section. (3) A brief description of each solvent cleaning machine at the affected facility including machine type (batch vapor, batch cold, vapor in-line or cold in-line), solvent/air interface area, and existing controls. (4) The date of installation for each solvent cleaning machine. (5) An estimate of annual halogenated HAP solvent consumption for each solvent cleaning machine. (g) Each owner or operator of an affected facility shall submit to the Administrator an initial statement of compliance on or before May 3, 2010. The statement shall include the information specified in paragraphs (g)(1) through (g)(3) of this section. (1) The name and address of the owner or operator of the affected facility. (2) The address (i.e., physical location) of each solvent cleaning machine that is part of an affected facility regulated by this section. (3) The results of the first 12-month rolling total emissions calculation. (h) Each owner or operator of an affected facility shall submit a solvent emission report every year. This solvent emission report shall contain the requirements specified in paragraphs (h)(1) through (h)(3) of this section. (1) The average monthly solvent consumption for the affected facility in kilograms per month. (2) The 12-month rolling total solvent emission estimates calculated each month using the method as described in paragraph (c) of this section. (3) This report can be combined with the annual report required in § 63.468(f) and (g) into a single report for each facility. [72 FR 25158, May 3, 2007] Appendix A to Subpart T of Part 63—Test of Solvent Cleaning Procedures General Questions ______ 1. What is the maximum allowable speed for parts entry and removal? A. 8.5 meters per minute (28 feet per minute). B. 3.4 meters per minute (11 feet per minute). C. 11 meters per minute (36 feet per minute). D. No limit. ______ 2. How do you ensure that parts enter and exit the solvent cleaning machine at the speed required in the regulation? A. Program on computerized hoist monitors speed. B. Can judge the speed by looking at it. C. Measure the time it takes the parts to travel a measured distance. ______ 3. Identify the sources of air disturbances. A. Fans B. Open doors C. Open windows D. Ventilation vents E. All of the above ______ 4. What are the three operating modes? A. Idling, working and downtime B. Precleaning, cleaning, and drying C. Startup, shutdown, off D. None of the above ______ 5. When can parts or parts baskets be removed from the solvent cleaning machine? A. When they are clean B. At any time C. When dripping stops D. Either A or C is correct ______ 6. How must parts be oriented during cleaning? A. It does not matter as long as they fit in the parts basket. B. So that the solvent pools in the cavities where the dirt is concentrated. C. So that solvent drains from them freely. ______ 7. During startup, what must be turned on first, the primary condenser or the sump heater? A. Primary condenser B. Sump heater C. Turn both on at same time D. Either A or B is correct ______ 8. During shutdown, what must be turned off first, the primary condenser or the sump heater? A. Primary condenser B. Sump heater C. Turn both off at same time D. Either A or B is correct ______ 9. In what manner must solvent be added to and removed from the solvent cleaning machine? A. With leak proof couplings B. With the end of the pipe in the solvent sump below the liquid solvent surface. C. So long as the solvent does not spill, the method does not matter. D. A and B ______ 10. What must be done with waste solvent and still and sump bottoms? A. Pour down the drain B. Store in closed container C. Store in a bucket D. A or B ______ 11. What types of materials are prohibited from being cleaned in solvent cleaning machines using halogenated HAP solvents? A. Sponges B. Fabrics C. Paper D. All of the above Control Device Specific Questions [ ] Freeboard Refrigeration Device ______ 1. What temperature must the FRD achieve? A. Below room temperature B. 50 °F C. Below the solvent boiling point D. 30 percent below the solvent boiling point [ ] Working-Mode Cover ______ 2. When can a cover be open? A. While parts are in the cleaning machine B. During parts entry and removal C. During maintenance D. During measurements for compliance purposes E. A and C F. B, C, and D ______ 3. Covers must be maintained in what condition? A. Free of holes B. Free of cracks C. So that they completely seal cleaner opening D. All of the above [ ] Dwell ______ 4. Where must the parts be held for the appropriate dwell time? A. In the vapor zone B. In the freeboard area above the vapor zone C. Above the cleaning machine D. In the immersion sump Answers General Questions 1. B 2. A or C 3. E 4. A 5. C 6. C 7. A 8. B 9. D 10. B 11. D Control Device Specific Questions 1. D 2. F 3. D 4. B [59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995] Appendix B to Subpart T of Part 63—General Provisions Applicability to Subpart T Reference Applies to subpart T Comments BCC BVI 63.1(a) (1)-(3) Yes Yes 63.1(a)(4) Yes Yes Subpart T (this appendix) specifies applicability of each paragraph in subpart A to subpart T. 63.1(a)(5) No No 63.1(a) (6)-(8) Yes Yes 63.1(a)(9) No No 63.1(a)(10) Yes Yes 63.1(a)(11) No No Subpart T allows submittal of notifications and reports through the U.S. mail, fax, and courier. Subpart T requires that the postmark for notifications and reports submitted through the U.S. mail or other non-Governmental mail carriers be on or before deadline specified in an applicable requirement. 63.1(a) (12)-(14) Yes Yes 63.1(b)(1) No No Subpart T specifies applicability. 63.1(b)(2) No Yes 63.1(b)(3) No No Subpart T requires that a record of halogenated cleaning machine applicability determination be kept on site for 5 years, or until the cleaning machine changes its operations. The record shall be sufficiently detailed to allow the Administrator to make a finding about the source's applicability status with regard to subpart T. 63.1(c)(1) Yes Yes 63.1(c)(2) Yes Yes Subpart T, § 63.460(h) exempts area sources subject to this subpart from the obligation to obtain Title V operating permits. 63.1(c)(3) No No 63.1(c)(4) Yes Yes 63.1(c)(5) Yes Yes Subpart T does not require continuous monitoring systems (CMS) or continuous opacity monitoring systems. Therefore, notifications and requirements for CMS and COMS specified in subpart A do not apply to subpart T. 63.1(c)(6) Yes Yes 63.1(d) No No 63.1(e) No Yes 63.2 Yes Yes Subpart T definitions (§ 63.461) for existing and new overlap with the definitions for existing source and new source in subpart A (§ 63.2). Both subpart A and T also define Administrator. 63.3(a)-(c) Yes Yes 63.4(a) (1)-(3) Yes Yes 63.4(a)(4) No No 63.4(a)(5) Yes Yes 63.4(b)-(c) Yes Yes 63.5(a)(1) Yes Yes 63.5(a)(2) Yes Yes 63.5(b)(1) Yes Yes 63.5(b)(2) No No 63.5(b)(3) No No Subpart T overrides the requirement for approval prior to constructing a new or reconstructing an existing major source. 63.5(b)(4)-(6) Yes Yes 63.5(c) No No 63.5 (d)-(f) No No Subpart T overrides the requirement to submit an application for approval of construction or reconstruction of a halogenated solvent cleaning machine. 63.6(a) Yes Yes 63.6(b) (1)-(5) Yes Yes Subpart T, § 63.460, specifies compliance dates. 63.6(b)(6) No No 63.6(b)(7) No No Subpart T has the same requirements for affected halogenated HAP solvent cleaning machine subcategories that are located at area sources as it does for those located at major sources. 63.6(c)(1)-(2) Yes Yes Subpart T allows 3 years from the date of promulgation for both area and major existing sources to comply. 63.6(c) (3)-(4) No No 63.6(c)(5) Yes Yes Subpart T has the same requirements for affected halogenated HAP solvent cleaning machine subcategories that are located at area sources as it does for those located at major sources. Subpart T allows 3 years from the date of promulgation for both area and major existing sources to comply. 63.6(d) No No 63.6(e)(1)-(2) Yes Yes 63.6(e)(3) No No Subpart T overrides the requirement of a startup, shutdown, and malfunction plan. Subpart T specifies startup and shutdown procedures to be followed by an owner or operator for batch vapor and in-line cleaning machines. 63.6(f)-(g) Yes Yes 63.6(h) No No Subpart T does not require compliance with an opacity or visible emission standard. 63.6(i) (1)-(14) Yes Yes 63.6(i)(15) No No 63.6(i)(16) Yes Yes 63.6(j) Yes Yes 63.7(a) No Yes Subpart T gives owners or operators the option to perform an idling emission performance test as a way of demonstrating compliance. Other options are also available that do not require a performance test. 63.7(b) No Yes This is only required for those owners or operators that choose the idling emission standard as their compliance option. 63.7(c)(1) No Yes This is only required for those owners or operators that choose the idling emission standard as their compliance option. 63.7(c) (2)-(3) No No Subpart T does not require a site-specific test plan for the idling emission performance test. 63.7(c)(4) No No Subpart T does not require a performance test that involves the retrieval of gas samples, and therefore this does not apply. 63.7(d) No No Requirements do not apply to the idling emission performance test option. 63.7(e) No Yes 63.7(f) No Yes 63.7(g) No Yes Subpart T specifies what is required to demonstrate idling emission standard compliance through the use of the Environmental Protection Agency test method 307 and control device monitoring. Reports and records of testing and monitoring are required for compliance verification. Three runs of the test are required for compliance, as specified in § 63.7(e) of subpart A. 63.7(h) No No Subpart T does not require the use of a performance test to comply with the standard. The idling emission standard option (which requires an idling emission performance test) is an alternative option offered to owners or operators of batch vapor and in-line cleaning machines for compliance flexibility. 63.8 (a)-(b) Yes Yes 63.8 (c)-(e) No No Subpart T does not require the use of continuous monitoring systems to demonstrate compliance. 63.8(f) Yes Yes 63.8(g) No No Subpart T does not require continuous opacity monitoring systems and continuous monitoring systems data. 63.9(a) (1)-(4) Yes Yes 63.9(b)(1) Yes Yes 63.9(b)(2) Yes Yes Subpart T includes all of those requirements stated in subpart A, except that subpart A also requires a statement as to whether the affected source is a major or an area source, and an identification of the relevant standard (including the source's compliance date). Subpart T also has some more specific information requirements specific to the affected source (see subpart T, §§ 63.468(a)-(b)). 63.9(b)(3) Yes Yes The subpart A and subpart T initial notification reports differ (see above). 63.9(b)(4) No No Subpart T does not require an application for approval of construction or reconstruction. 63.9(b)(5) Yes Yes 63.9(c) Yes Yes 63.9(d) Yes Yes 63.9(e) Yes Yes Under subpart T, this requirement only applies to owners or operators choosing to comply with the idling emissions standard. 63.9(f) No No Subpart T does not require opacity or visible emission observations. 63.9(g)(1) No No Subpart T does not require the use of continuous monitoring systems or continuous opacity monitoring systems. 63.9(h) No No Section 63.468 of subpart T requires an initial statement of compliance for existing sources to be submitted to the Administrator no later than 150 days after the compliance date specified in § 63.460(d) of subpart T. For new sources, this report is to be submitted to the Administrator no later than 150 days from the date specified in § 63.460(c). 63.9(i) Yes Yes 63.9(j) Yes Yes 63.9(k) Yes Yes Only as specified in § 63.9(j). 63.10(a) Yes Yes 63.10(b) No No Recordkeeping requirements are specified in subpart T. 63.10(c) (1)-(15) No No Subpart T does not require continuous monitoring systems. 63.10(d)(1) Yes Yes 63.10(d)(2) No No Reporting requirements are specified in subpart T. 63.10(e) (l)-(2) No No Subpart T does not require continuous emissions monitoring systems. 63.10(e)(3) No No Subpart T does not require continuous monitoring systems. 63.10(e)(4) No No Subpart T does not require continuous opacity monitoring systems. 63.10(f) Yes Yes 63.11(a) Yes Yes 63.11(b) No No Flares are not a control option under subpart T. 63.12 (a)-(c) Yes Yes 63.13 (a)-(c) Yes Yes 63.14 No No Subpart T requirements do not require the use of the test methods incorporated by reference in subpart A. 63.15(a)-(b) Yes Yes BCC = Batch Cold Cleaning Machines. BVI = Batch Vapor and In-line Cleaning Machines. [59 FR 61818, Dec. 2, 1994; 60 FR 29485, June 5, 1995, as amended at 70 FR 75346, Dec. 19, 2005; 85 FR 73891, Nov. 19, 2020] Subpart U—National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins Source: 62 FR 46925, Sept. 5, 1996, unless otherwise noted. § 63.480 Applicability and designation of affected sources. (a) Definition of affected source. (1) An affected source is either an existing affected source or a new affected source. Existing affected source is defined in paragraph (a)(2) of this section, and new affected source is defined in paragraph (a)(3) of this section. (2) An existing affected source is defined as each group of one or more elastomer product process units (EPPU) and associated equipment, as listed in paragraph (a)(4) of this section, that is not part of a new affected source, as defined in paragraph (a)(3) of this section, that is manufacturing the same primary product and that is located at a plant site that is a major source. (3) A new affected source is defined by the criteria in paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation described in paragraph (a)(3)(i) of this section is distinct from those situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this section and from any situation described in paragraph (i) of this section. (i) At a site without HAP emission points before June 12, 1995 (i.e., a “greenfield” site), each group of one or more EPPU and associated equipment, as listed in paragraph (a)(4) of this section, that is manufacturing the same primary product and that is part of a major source on which construction commenced after June 12, 1995; (ii) A group of one or more EPPU meeting the criteria in paragraph (i)(1)(i) of this section; or (iii) A reconstructed affected source meeting the criteria in paragraph (i)(2)(i) of this section. (4) Emission points and equipment. (i) Each waste management unit. (ii) Maintenance wastewater. (iii) Each heat exchange system. (iv) Equipment required by, or utilized as a method of compliance with, this subpart which may include control devices and recovery devices. (5) EPPUs and associated equipment, as listed in paragraph (a)(4) of this section, that are located at plant sites that are not major sources are neither affected sources nor part of an affected source. (b) EPPUs without organic HAP. (1) Retain information, data, and analyses used to document the basis for the determination that the EPPU does not use or manufacture any organic HAP. Types of information that could document this determination include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (2) When requested by the Administrator, demonstrate that the EPPU does not use or manufacture any organic HAP. (c) Emission points not subject to the provisions of this subpart. (1) Equipment that does not contain organic HAP and is located at an EPPU that is part of an affected source; (2) Stormwater from segregated sewers; (3) Water from fire-fighting and deluge systems in segregated sewers; (4) Spills; (5) Water from safety showers; (6) Water from testing of deluge systems; (7) Water from testing of firefighting systems; (8) Vessels and equipment storing and/or handling material that contains no organic HAP or organic HAP as impurities only; and (9) Equipment that is intended to operate in organic HAP service for less than 300 hours during the calendar year. (d) Processes exempted from the affected source. (e) Applicability determination of elastomer equipment included in a process unit producing a non-elastomer product. (f) Primary product determination and applicability. (1) Initial determination. (i) If a process unit only manufactures one product, then that product shall represent the primary product of the process unit. (ii) If a process unit produces more than one intended product at the same time, the primary product shall be determined in accordance with paragraph (f)(1)(ii)(A) or (B) of this section. (A) The product for which the process unit has the greatest annual design capacity on a mass basis shall represent the primary product of the process unit, or (B) If a process unit has the same maximum annual design capacity on a mass basis for two or more products, and if one of those products is an elastomer product, then the elastomer product shall represent the primary product of the process unit. (iii) If a process unit is designed and operated as a flexible operation unit, the primary product shall be determined as specified in paragraphs (f)(1)(iii)(A) or (B) of this section based on the anticipated operations for the 5 years following September 5, 1996 at existing process units, or for the first year after the process unit begins production of any product for new process units. If operations cannot be anticipated sufficiently to allow the determination of the primary product for the specified period, applicability shall be determined in accordance with paragraph (f)(2) of this section. (A) If the flexible operation unit will manufacture one product for the greatest operating time over the specified five year period for existing process units, or the specified one year period for new process units, then that product shall represent the primary product of the flexible operation unit. (B) If the flexible operation unit will manufacture multiple products equally based on operating time, then the product with the greatest expected production on a mass basis over the specified five year period for existing process units, or the specified one year period for new process units shall represent the primary product of the flexible operation unit. (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this section, the primary product of a process unit is an elastomer product, then that process unit shall be designated as an EPPU. That EPPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source, or part of an affected source comprised of other EPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. If the primary product of a process unit is determined to be a product that is not an elastomer product, then that process unit is not an EPPU. (2) If the primary product cannot be determined for a flexible operation unit in accordance with paragraph (f)(1)(iii) of this section, applicability shall be determined in accordance with this paragraph. (i) If the owner or operator cannot determine the primary product in accordance with paragraph (f)(1)(iii) of this section, but can determine that an elastomer product is not the primary product, then that flexible operation unit is not an EPPU. (ii) If the owner or operator cannot determine the primary product in accordance with paragraph (f)(1)(iii) of this section, and cannot determine that an elastomer product is not the primary product as specified in paragraph (f)(2)(i) of this section, applicability shall be determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) of this section. (A) If the flexible operation unit is an existing process unit, the flexible operation unit shall be designated as an EPPU if an elastomer product was produced for 5 percent or greater of the total operating time of the flexible operation unit since March 9, 1999. That EPPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source, or part of an affected source comprised of other EPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. For a flexible operation unit that is designated as an EPPU in accordance with this paragraph, the elastomer product produced for the greatest amount of time since March 9, 1999 shall be designated as the primary product of the EPPU. (B) If the flexible operation unit is a new process unit, the flexible operation unit shall be designated as an EPPU if the owner or operator anticipates that an elastomer product will be manufactured in the flexible operation unit at any time in the first year after the date the unit begins production of any product. That EPPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source, or part of an affected source comprised of other EPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. For a process unit that is designated as an EPPU in accordance with this paragraph, the elastomer product that will be produced shall be designated as the primary product of the EPPU. If more than one elastomer product will be produced, the owner or operator may select which elastomer product is designated as the primary product. (3) Annual applicability determination for non-EPPUs that have produced an elastomer product. (i) For each product produced in the flexible operation unit, the owner or operator shall calculate the percentage of total operating time over which the product was produced during the preceding five-year period. (ii) The owner or operator shall identify the primary product as the product with the highest percentage of total operating time for the preceding five-year period. (iii) If the primary product identified in paragraph (f)(3)(ii) is an elastomer product, the flexible operation unit shall be designated as an EPPU. The owner or operator shall notify the Administrator no later than 45 days after determining that the flexible operation unit is an EPPU, and shall comply with the requirements of this subpart in accordance with paragraph (i)(1) of this section for the flexible operation unit. (4) Applicability determination for non-EPPUs that have not produced an elastomer product. (i) The owner or operator shall use the procedures in paragraph (f)(1) or (f)(2) of this section to determine if the process unit is designated as an EPPU, with the following exception: for existing process units that are determining the primary product in accordance with paragraph (f)(1)(iii) of this section, production shall be projected for the five years following the date that the owner or operator anticipates initiating the production of an elastomer product. (ii) If the unit is designated as an EPPU in accordance with paragraph (f)(4)(i) of this section, the owner or operator shall comply in accordance with paragraph (i)(1) of this section. (5) Compliance for flexible operation units. (i) Whenever a flexible operation unit manufactures a product in which no organic HAP is used or manufactured, the owner or operator is only required to comply with either paragraph (b)(1) or (b)(2) of this section to demonstrate compliance for activities associated with the manufacture of that product. This subpart does not require compliance with the provisions of subpart A of this part for activities associated with the manufacture of a product that meets the criteria of paragraph (b) of this section. (ii) Whenever a flexible operation unit manufactures a product that makes it subject to subpart GGG of this part, the owner or operator is not required to comply with the provisions of this subpart during the production of that product. (6) Owners or operators of EPPUs that are flexible operation units have the option of determining the group status of each emission point associated with the flexible operation unit, in accordance with either paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception of batch front-end process vents. For batch front-end process vents, the owner or operator shall determine the group status in accordance with § 63.488. (i) The owner or operator may determine the group status of each emission point based on emission point characteristics when the primary product is being manufactured. (ii) The owner or operator may determine the group status of each emission point separately for each product produced by the flexible operation unit. For each product, the group status shall be determined using the emission point characteristics when that product is being manufactured and using the Group 1 criteria specified for the primary product. (Note: Under this scenario, it is possible that the group status, and therefore the requirement to achieve emission reductions, for an emission point may change depending on the product being manufactured.) (7) Owners or operators determining the group status of emission points in flexible operation units based solely on the primary product in accordance with paragraph (f)(6)(i) of this section shall establish parameter monitoring levels, as required, in accordance with either paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators determining the group status of emission points in flexible operation units based on each product in accordance with paragraph (f)(6)(ii) of this section shall establish parameter monitoring levels, as required, in accordance with paragraph (f)(7)(i) of this section. (i) Establish separate parameter monitoring levels in accordance with § 63.505(a) for each individual product. (ii) Establish a single parameter monitoring level (for each parameter required to be monitored at each device subject to monitoring requirements) in accordance with § 63.505(a) that would apply for all products. (8) Reporting requirements. (i) If the EPPU manufactures only one elastomer product, identification of that elastomer product. (ii) If the EPPU is designed and operated as a flexible operation unit, the information specified in paragraphs (f)(8)(ii)(A) through (f)(8)(ii)(D) of this section, as appropriate, shall be submitted. (A) If a primary product could be determined, identification of the primary product. (B) Identification of which compliance option, either paragraph (f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner or operator. (C) If the option to establish separate parameter monitoring levels for each product in paragraph (f)(7)(i) of this section is selected, the identification of each product and the corresponding parameter monitoring level. (D) If the option to establish a single parameter monitor level in paragraph (f)(7)(ii) of this section is selected, the parameter monitoring level for each parameter. (9) EPPUs terminating production of all elastomer products. (10) Redetermination of applicability to EPPUs that are flexible operation units. (i) For each product produced in the flexible operation unit, the owner or operator shall calculate the percentage of total operating time in which the product was produced for the preceding five-year period, or since the date that the process unit began production of any product, whichever is shorter. (ii) The owner or operator shall identify the primary product as the product with the highest percentage of total operating time for the period. (iii) If the conditions in (f)(10)(iii)(A) through (C) of this section are met, the flexible operation unit shall no longer be designated as an EPPU after the compliance date of the other subpart and shall no longer be subject to the provisions of this subpart after the date that the process unit is required to be in compliance with the provisions of the other subpart of this part to which it is subject. If the conditions in paragraphs (f)(10)(iii)(A) through (C) of this section are not met, the flexible operation unit shall continue to be considered an EPPU and subject to the requirements of this subpart. (A) The product identified in (f)(10)(ii) of this section is not an elastomer product; and (B) The production of the product identified in (f)(10)(ii) of this section is subject to another subpart of this part; and (C) The owner or operator submits a notification to the Administrator of the pending change in applicability. (g) Storage vessel ownership determination. (1) If a storage vessel is already subject to another subpart of 40 CFR part 63 on September 5, 1996, that storage vessel shall be assigned to the process unit subject to the other subpart. (2) If a storage vessel is dedicated to a single process unit, the storage vessel shall be assigned to that process unit. (3) If a storage vessel is shared among process units, then the storage vessel shall be assigned to that process unit located on the same plant site as the storage vessel that has the greatest input into or output from the storage vessel (i.e., the process unit that has the predominant use of the storage vessel.) (4) If predominant use cannot be determined for a storage vessel that is shared among process units and if only one of those process units is an EPPU subject to this subpart, the storage vessel shall be assigned to that EPPU. (5) If predominant use cannot be determined for a storage vessel that is shared among process units and if more than one of the process units are EPPUs that have different primary products and that are subject to this subpart, then the owner or operator shall assign the storage vessel to any one of the EPPUs sharing the storage vessel. (6) If the predominant use of a storage vessel varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding September 5, 1996 or based on the expected utilization for the 5 years following September 5, 1996, whichever is more representative of the expected operations for that storage vessel for existing affected sources, and based on the expected utilization for the first 5 years after initial start-up for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status, as required by § 63.506(e)(5)(vii). (7) Where a storage vessel is located at a major source that includes one or more process units which place material into, or receive materials from the storage vessel, but the storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart shall be determined according to the provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section. (i) The storage vessel may only be assigned to a process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw material, as appropriate). With respect to any process unit, an intervening storage vessel means a storage vessel connected by hard-piping both to the process unit and to the storage vessel in the tank farm so that product or raw material entering or leaving the process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (ii) If there is no process unit at the major source that meets the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, this subpart does not apply to the storage vessel. (iii) If there is only one process unit at the major source that meets the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that process unit. Applicability of this subpart to the storage vessel shall then be determined according to the provisions of paragraph (a) of this section. (iv) If there are two or more process units at the major source that meet the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those process units according to the provisions of paragraphs (g)(3) through (g)(6) of this section. The predominant use shall be determined among only those process units that meet the criteria of paragraph (g)(7)(i) of this section. (8) If the storage vessel begins receiving material from (or sending material to) a process unit that was not included in the initial determination, or ceases to receive material from (or send material to) a process unit that was included in the initial determination, the owner or operator shall reevaluate the applicability of this subpart to that storage vessel. (h) Recovery operations equipment ownership determination. (1) If recovery operations equipment is already subject to another subpart of 40 CFR part 63 on September 5, 1996, that recovery operations equipment shall be assigned to the process unit subject to the other subpart. (2) If recovery operations equipment is dedicated to a single process unit, the recovery operations equipment shall be assigned to that process unit. (3) If recovery operations equipment is shared among process units, then the recovery operations equipment shall be assigned to that process unit located on the same plant site as the recovery operations equipment that has the greatest input into or output from the recovery operations equipment (i.e., that process unit has the predominant use of the recovery operations equipment). (4) If predominant use cannot be determined for recovery operations equipment that is shared among process units and if one of those process units is an EPPU subject to this subpart, the recovery operations equipment shall be assigned to the EPPU subject to this subpart. (5) If predominant use cannot be determined for recovery operation equipment that is shared among process units and if more than one of the process units are EPPUs that have different primary products and that are subject to this subpart, then the owner or operator shall assign the recovery operation equipment to any one of those EPPUs. (6) If the predominant use of recovery operations equipment varies from year to year, then the predominant use shall be determined based on the utilization that occurred during the year preceding September 5, 1996 for existing affected sources or based on the expected utilization for the 5 years following September 5, 1996 for existing affected sources, whichever is the more representative of the expected operations for the recovery operations equipment, and based on the expected utilization for the first 5 years after initial start-up for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status, as required by § 63.506(e)(5)(viii). (7) If a piece of recovery operations equipment begins receiving material from a process unit that was not included in the initial determination, or ceases to receive material from a process unit that was included in the initial determination, the owner or operator shall reevaluate the applicability of this subpart to that recovery operations equipment. (i) Changes or additions to plant sites. (1) Adding an EPPU to a plant site. (i) If a group of one or more EPPUs that produce the same primary product is added to a plant site, the added group of one or more EPPUs and associated equipment, as listed in paragraph (a)(4) of this section, shall be a new affected source and shall comply with the requirements for a new affected source in this subpart upon initial start-up or by June 19, 2000, whichever is later, if the added group of one or more EPPUs meets the criteria in either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and if the criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this section are met. (A) The construction of the group of one or more EPPUs commenced after June 12, 1995. (B) The construction or reconstruction, for process units that have become EPPUs, commenced after June 12, 1995. (C) The group of one or more EPPUs and associated equipment, as listed in paragraph (a)(4) of this section, has the potential to emit 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP, and the primary product of the group of one or more EPPUs is currently produced at the plant site as the primary product of an affected source; or (D) The primary product of the group of one or more EPPUs is not currently produced at the plant site as the primary product of an affected source, and the plant site meets, or after the addition of the group of one or more EPPUs and associated equipment, as listed in paragraph (a)(4) of this section, will meet the definition of a major source. (ii) If a group of one or more EPPUs that produce the same primary product is added to a plant site, and the group of one or more EPPUs does not meet the criteria specified in paragraph (i)(1)(i) of this section, and the plant site meets, or after the addition will meet, the definition of a major source, the group of one or more EPPUs and associated equipment, as listed in paragraph (a)(4) of this section, shall comply with the requirements for an existing affected source in this subpart upon initial start-up; by June 19, 2001; or by 6 months after notifying the Administrator that a process unit has been designated as an EPPU (in accordance with paragraph (f)(3)(iii) of this section), whichever is later. (2) Adding emission points or making process changes to existing affected sources. (i) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section are met, the entire affected source shall be a new affected source and shall comply with the requirements for a new affected source upon initial start-up or by June 19, 2000, whichever is later. (A) The replacement of components meets the definition of reconstruction in § 63.482(b); and (B) Such reconstruction commenced after June 12, 1995. (ii) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (i)(2)(i)(A) and (i)(2)(i)(B) of this section are not met and that replacement of components creates one or more emission points (i.e., either newly created Group 1 emission points or emission points that change from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, back-end process operations subject to §§ 63.493 and 63.500, and heat exchange systems and equipment leak components subject to § 63.502), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance by 120 days after the date of initial start-up or by the appropriate compliance date specified in § 63.481 (i.e., July 31, 1997 for most equipment leak components subject to § 63.502, and June 19, 2001 for emission points other than equipment leaks), whichever is later. (iii) If an addition or process change (not including a process change that solely replaces components) is made that creates one or more Group 1 emission points (i.e., either newly created Group 1 emission points or emission points that change group status from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, back-end process operations subject to §§ 63.493 through 63.500, and heat exchange systems and equipment leak components subject to § 63.502), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance by 120 days after the date of initial start-up or by the appropriate compliance date specified in § 63.481 (i.e., July 31, 1997 for most equipment leak components subject to § 63.502, and June 19, 2001 for emission points other than equipment leaks), whichever is later. (3) Existing affected source requirements for surge control vessels and bottoms receivers that become subject to subpart H requirements. (4) Existing affected source requirements for compressors that become subject to subpart H requirements. (5) Determining what are and are not process changes. (6) Reporting requirements for owners or operators that change or add to their plant site or affected source. (j) Applicability of this subpart. (1) The emission limitations set forth in this subpart and the emission limitations referred to in this subpart shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. However, if a period of non-operation of one portion of an affected source does not affect the ability of a particular emission point to comply with the emission limitations to which it is subject, then that emission point shall still be required to comply with the applicable emission limitations of this subpart during the period of non-operation. For example, if there is an overpressure in the reactor area, a storage vessel that is part of the affected source would still be required to be controlled in accordance with the emission limitations in § 63.484. (2) The emission limitations set forth in subpart H of this part, as referred to in § 63.502, shall apply at all times, except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized, resulting in cessation of the emissions to which § 63.502 applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment if the shutdown would contravene requirements of this subpart applicable to such items of equipment. (4) Beginning on July 15, 2024, this paragraph (j)(4) no longer applies. In response to an action to enforce the standards set forth in this subpart, an owner or operator may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by a malfunction, as defined in § 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (i) To establish the affirmative defense in any action to enforce such a limit, the owners or operators of a facility must timely meet the notification requirements of paragraph (j)(4)(ii) of this section, and must prove by a preponderance of evidence that: (A) The excess emissions were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design, or better operation and maintenance practices; did not stem from any activity or event that could have been foreseen and avoided, or planned for; and were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; (B) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; (C) The frequency, amount, and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; (D) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (E) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; (F) All emissions monitoring and control systems were kept in operation, if at all possible, consistent with safety and good air pollution control practices; (G) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; (H) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and (I) The owner or operator has prepared a written root cause analysis, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (ii) Notification. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38036, June 19, 2000; 66 FR 36927, July 16, 2001; 71 FR 20456, Apr. 20, 2006; 76 FR 22586, Apr. 21, 2011; 89 FR 43235, May 16, 2024] § 63.481 Compliance dates and relationship of this subpart to existing applicable rules. (a) Affected sources are required to achieve compliance on or before the dates specified in paragraphs (b) through (d) of this section and paragraphs (n) and (o) of this section. Paragraph (e) of this section provides information on requesting compliance extensions. Paragraphs (f) through (l) of this section discuss the relationship of this subpart to subpart A and to other applicable rules. Where an override of another authority of the Act is indicated in this subpart, only compliance with the provisions of this subpart is required. Paragraph (m) of this section specifies the meaning of time periods. (b) Except as specified in paragraphs (n) and (o) of this section, new affected sources that commence construction or reconstruction after June 12, 1995 shall be in compliance with this subpart upon initial start-up or by June 19, 2000, whichever is later. (c) With the exceptions provided in paragraphs (c)(1) through (3) of this section and paragraphs (n) and (o) of this section, existing affected sources shall be in compliance with this subpart no later than June 19, 2001, as provided in § 63.6(c), unless an extension has been granted as specified in paragraph (e) of this section. (1) Existing affected sources producing epichlorohydrin elastomer, butyl rubber, neoprene rubber, and nitrile butadiene rubber shall be in compliance with the applicable emission limitation in § 63.494(a)(4) no later than April 23, 2012. (2) Existing affected sources producing butyl rubber and ethylene propylene rubber shall be in compliance with § 63.485(q)(1) no later than April 23, 2012. (3) Compliance with § 63.502 is covered by paragraph (d) of this section. (d) Except as provided for in paragraphs (d)(1) through (d)(6) of this section, and paragraphs (n) and (o) of this section, existing affected sources shall be in compliance with § 63.502 no later than July 31, 1997, unless an extension has been granted pursuant to paragraph (e) of this section. (1) Compliance with the compressor provisions of § 63.164 shall occur no later than September 5, 1997 for any compressor meeting one or more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this section, if the work can be accomplished without a process unit shutdown, as defined in § 63.161. (i) The seal system will be replaced; (ii) A barrier fluid system will be installed; (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system; or (iv) The compressor will be modified to permit connecting the compressor to a fuel gas system or closed vent system, or be modified so that emissions from the compressor can be routed to a process. (2) Compliance with the compressor provisions of § 63.164 shall occur no later than March 5, 1998, for any compressor meeting all the criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section. (i) The compressor meets one or more of the criteria specified in paragraphs (d)(1)(i) through (d)(1)(iv) of this section; (ii) The work can be accomplished without a process unit shutdown as defined in § 63.161; (iii) The additional time is actually necessary, due to the unavailability of parts beyond the control of the owner or operator; and (iv) The owner or operator submits the request for a compliance extension to the appropriate U.S. Environmental Protection Agency (EPA) Regional Office at the address listed in § 63.13 no later than 45 days before the compliance date. The request for a compliance extension shall contain the information specified in § 63.6(i)(6)(i)(A), (B), and (D). Unless the EPA Regional Office objects to the request for a compliance extension within 30 days after receipt of the request, the request shall be deemed approved. (3) If compliance with the compressor provisions of § 63.164 cannot reasonably be achieved without a process unit shutdown, the owner or operator shall achieve compliance no later than September 5, 1998. The owner or operator who elects to use this provision shall submit a request for an extension of compliance in accordance with the requirements of paragraph (d)(2)(iv) of this section. (4) Compliance with the compressor provisions of § 63.164 shall occur no later than September 5, 1999 for any compressor meeting one or more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of this section. The owner or operator who elects to use these provisions shall submit a request for an extension of compliance in accordance with the requirements of paragraph (d)(2)(iv) of this section. (i) Compliance cannot be achieved without replacing the compressor; (ii) Compliance cannot be achieved without recasting the distance piece; or (iii) Design modifications are required to connect to a closed-vent or recovery system. (5) Compliance with the surge control vessel and bottoms receiver provisions of § 63.170 shall occur no later than June 19, 2001. (6) Compliance with the heat exchange system provisions of § 63.104 shall occur no later than June 19, 2001. (e) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing affected source up to 1 additional year to comply with section 112(d) standards. For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application, or to the Administrator as a separate submittal or as part of the Precompliance Report. Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in paragraphs (b) through (d) of this section, or as specified elsewhere in this subpart, except as provided in paragraph (e)(3) of this section. The dates specified in § 63.6(i) for submittal of requests for extensions shall not apply to this subpart. (1) A request for an extension of compliance shall include the data described in § 63.6(i)(6)(i)(A), (B), and (D). (2) The requirements in §§ 63.6(i)(8) through 63.6(i)(14) shall govern the review and approval of requests for extensions of compliance with this subpart. (3) An owner or operator may submit a compliance extension request after the date specified in paragraph (e) of this section, provided that the need for the compliance extension arose after that date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information specified in paragraph (e)(1) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the circumstances necessitating a request for a compliance extension under this paragraph (e)(3). (f) Table 1 of this subpart specifies the provisions of subpart A that apply and those that do not apply to owners and operators of affected sources subject to this subpart. For the purposes of this subpart, Table 3 of subpart F is not applicable. (g) Table 2 of this subpart summarizes the provisions of subparts F, G, and H that apply and those that do not apply to owners and operators of affected sources subject to this subpart. (h)(1) After the compliance dates specified in this section, an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 63, subpart I, is required to comply only with the provisions of this subpart. (2) Sources subject to 40 CFR part 63, subpart I that have elected to comply through a quality improvement program, as specified in § 63.175 or § 63.176 or both, may elect to continue these programs without interruption as a means of complying with this subpart. In other words, becoming subject to this subpart does not restart or reset the “compliance clock” as it relates to reduced burden earned through a quality improvement program. (i) After the compliance dates specified in this section, a storage vessel that is assigned to an affected source subject to this subpart and that is also subject to the provisions of 40 CFR part 60, subpart Kb is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, that storage vessel shall no longer be subject to 40 CFR part 60, subpart Kb. (j) After the compliance dates specified in this section, an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart VV, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, the source shall no longer be subject to 40 CFR part 60, subpart VV. (k) Applicability of other regulations for monitoring, recordkeeping or reporting with respect to combustion devices, recovery devices, or recapture devices. (2) Owners and operators of flares that are subject to the flare related requirements of this subpart and are also subject to flare related requirements of any other regulation in this part or 40 CFR part 61 or 63, may elect to comply with the requirements in § 63.508 in lieu of all flare related requirements in any other regulation in this part or 40 CFR part 61 or 63. (l) Applicability of other requirements for heat exchange systems or waste management units. (1) After the applicable compliance date specified in this subpart, if a heat exchange system subject to this subpart is also subject to a standard identified in paragraphs (l)(1)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraphs (l)(1)(i) or (ii) of this section shall constitute compliance with the applicable provisions of this subpart with respect to that heat exchange system. (i) Subpart F of this part. (ii) A subpart of this part which requires compliance with § 63.104 (e.g., subpart JJJ of this part). (2) After the applicable compliance date specified in this subpart, if any waste management unit subject to this subpart is also subject to a standard identified in paragraph (l)(2)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraph (l)(2)(i) or (ii) of this section shall constitute compliance with the applicable provisions of this subpart with respect to that waste management unit. (i) Subpart G of this part. (ii) A subpart of this part which requires compliance with §§ 63.132 through 63.147 (e.g., subpart JJJ of this part). (m) All terms in this subpart that define a period of time for completion of required tasks (e.g., monthly, quarterly, annual), unless specified otherwise in the section or paragraph that imposes the requirement, refer to the standard calendar periods. (1) Notwithstanding time periods specified in this subpart for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraphs (m)(2)(i) or (m)(2)(ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 2 weeks for tasks that shall be performed monthly, at least 1 month for tasks that shall be performed each quarter, or at least 3 months for tasks that shall be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided that the task is conducted at a reasonable interval after completion of the task during the previous period. (n) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the requirements listed in paragraphs (n)(1) through (9) of this section upon initial startup or on July 15, 2027, whichever is later. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the requirements listed in paragraphs (n)(1) through (9) of this section upon initial startup, or on July 15, 2024, whichever is later. (1) The general requirements specified in § 63.483(e), § 63.504(a), § 63.504(a)(1)(iii), and § 63.506(e)(6)(iii)(C). (2) For flares, the requirements specified in § 63.508. (3) For storage vessels, the requirements specified in § 63.484(t) and § 63.506(e)(4)(ii)(F)( 6 (4) For continuous front-end process vents, the requirements specified in §§ 63.485(l)(6), (o)(6), (p)(5), (q)(1)(vii), (x), § 63.503(g)(2)(iii)(B)( 4 6 (5) For batch front-end process vents, the requirements specified in §§ 63.487(a)(3), (b)(3), and (e)(1)(iv) and (i), §§ 63.488(d)(2), (e)(4), (f)(2), and (g)(3), §§ 63.489(b)(10) and (d)(3), §§ 63.491(d)(1)(iii), (e)(6), and (h), § 63.492(g), and Table 6 to this subpart, item 3 in column 3 for diversion to the atmosphere and monthly inspections of sealed valves for all control devices. (6) For back-end processes, the requirements specified in §§ 63.497(a)(8) and (d)(3), and § 63.498(d)(5)(v). (7) For wastewater, the requirements specified in §§ 63.501(d), (e), and (f). (8) For equipment leaks, the requirements specified in §§ 63.502(a)(2) and (k)(2). (9) For heat exchange systems, the requirements specified in §§ 63.502(n)(7) and (n)(8). (o) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the chloroprene requirements in §§ 63.484(u), 63.485(y) and (z), 63.487(j), 63.494(a)(7), 63.501(a)(10)(iv), 63.502(a)(3) and (a)(7), 63.509, and 63.510 upon initial startup or on October 15, 2024, whichever is later. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the chloroprene requirements in §§ 63.484(u), 63.485(x) and (z), 63.487(j), 63.494(a)(7), § 63.501(a)(10)(iv), 63.502(q), 63.502(a)(3) and (a)(7), 63.509, and 63.510 upon initial startup, or on July 15, 2024, whichever is later. (p) The compliance schedule for fenceline monitoring is specified in paragraphs (p)(1) and (2) of this section. (1) Except as specified in paragraph (p)(2) of this section, all affected sources that commenced construction or reconstruction on or before April 25, 2023, must commence fenceline monitoring according to the requirements in § 63.502(a)(4) by no later than July 15, 2026, however requirements for corrective actions are not required until on or after July 15, 2027. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the fenceline monitoring requirements listed in § 63.502(a)(4) upon initial startup, or on July 15, 2024, whichever is later. (2) For affected sources producing neoprene, the compliance schedule specified in paragraph (p)(1) of this section does not apply for chloroprene. Instead, all affected sources producing neoprene that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the fenceline monitoring requirements for chloroprene listed in § 63.502(a)(4) and (a)(7) upon initial startup or on October 15, 2024, whichever is later. All affected sources producing neoprene that commenced construction or reconstruction after April 25, 2023, must be in compliance with the fenceline monitoring requirements for chloroprene listed in § 63.502(a)(4) and (a)(7) upon initial startup, or on July 15, 2024, whichever is later. [62 FR 46925, Sept. 5, 1996, as amended at 62 FR 1837, Jan. 14, 1997; 64 FR 11542, Mar. 9, 1999; 64 FR 35028, June 30, 1999; 65 FR 38042, June 19, 2000; 76 FR 22587, Apr. 21, 2011; 89 FR 43236, May 16, 2024] § 63.482 Definitions. (a) The following terms used in this subpart shall have the meaning given them in § 63.2, § 63.101, or the Act, as specified after each term: Act (§ 63.2) Administrator (§ 63.2) Automated monitoring and recording system (§ 63.101) Boiler (§ 63.101) Bottoms receiver (§ 63.101) Breakthrough (§ 63.101) By compound (§ 63.101) By-product (§ 63.101) Car-seal (§ 63.101) Closed-vent system (§ 63.101) Combustion device (§ 63.101) Commenced (§ 63.2) Compliance date (§ 63.2) Connector (§ 63.101) Continuous monitoring system (§ 63.2) Distillation unit (§ 63.101) Duct work (§ 63.101) Emission limitation (Section 302(k) of the Act) Emission standard (§ 63.2) Emissions averaging (§ 63.2) EPA (§ 63.2) Equipment leak (§ 63.101) External floating roof (§ 63.101) Fill or filling (§ 63.101) Fixed capital cost (§ 63.2) Flame zone (§ 63.101) Floating roof (§ 63.101) Flow indicator (§ 63.101) Fuel gas system (§ 63.101) Halogens and hydrogen halides (§ 63.101) Hard-piping (§ 63.101) Hazardous air pollutant (§ 63.2) Heat exchange system (§ 63.101) Impurity (§ 63.101) Incinerator (§ 63.101) In organic hazardous air pollutant service or in organic HAP service (§ 63.101) Instrumentation system (§ 63.101) Internal floating roof (§ 63.101) Lesser quantity (§ 63.2) Major source (§ 63.2) Malfunction (§ 63.2) Oil-water separator or organic-water separator (§ 63.101) Open-ended valve or line (§ 63.101) Operating permit (§ 63.101) Organic monitoring device (§ 63.101) Owner or operator (§ 63.2) Performance evaluation (§ 63.2) Performance test (§ 63.2) Permitting authority (§ 63.2) Plant site (§ 63.101) Potential to emit (§ 63.2) Pressure release (§ 63.101) Primary fuel (§ 63.101) Pressure release (§ 63.101) Pressure relief device (§ 63.101) Pressure vessel (§ 63.101) Process heater (§ 63.101) Process unit shutdown (§ 63.101) Process wastewater (§ 63.101) Process wastewater stream (§ 63.101) Reactor (§ 63.101) Recapture device (§ 63.101) Relief valve (§ 63.101) Repaired (§ 63.101) Research and development facility (§ 63.101) Routed to a process or route to a process (§ 63.101) Run (§ 63.2) Secondary fuel (§ 63.101) Sensor (§ 63.101) Specific gravity monitoring device (§ 63.101) Start-up, shutdown, and malfunction plan (§ 63.101) On and after July 15, 2027, this definition no longer applies. State (§ 63.2) Stationary Source (§ 63.2) Surge control vessel (§ 63.101) Temperature monitoring device (§ 63.101) Test method (§ 63.2) Treatment process (§ 63.101) Unit operation (§ 63.101) Visible emission (§ 63.2) Secondary fuel (§ 63.101) Sensor (§ 63.101) Specific gravity monitoring device (§ 63.101) Start-up, shutdown, and malfunction plan (§ 63.101) On and after July 15, 2027, this definition no longer applies. State (§ 63.2) Stationary Source (§ 63.2) Surge control vessel (§ 63.101) Temperature monitoring device (§ 63.101) Test method (§ 63.2) Treatment process (§ 63.101) Unit operation (§ 63.101) Visible emission (§ 63.2) (b) All other terms used in this subpart shall have the meaning given them in this section. If a term is defined in a subpart referenced in this section, it shall have the meaning given in this section for purposes of this subpart. Affected source Affirmative defense affirmative defense Aggregate batch vent stream Annual average batch vent concentration Annual average batch vent flow rate Annual average concentration, Annual average flow rate, Average batch vent concentration Average batch vent flow rate Back-end Batch cycle Batch emission episode Batch front-end process vent Batch mass input limitation Batch mode i.e., Batch process Batch unit operation Block polymer Butyl rubber Combined vent stream, Combustion device burner Compounding unit Construction Continuous front-end process vent Continuous mode i.e., Continuous process Continuous record Continuous recorder Continuous unit operation Control device Crumb rubber dry weight Dioxins and furans Drawing unit Elastomer Elastomer product (i) Butyl Rubber; (ii) Epichlorohydrin Elastomer; (iii) Ethylene Propylene Rubber; (iv) Hypalon TM (v) Neoprene; (vi) Nitrile Butadiene Rubber; (vii) Nitrile Butadiene Latex; (viii) Polybutadiene Rubber/Styrene Butadiene Rubber by Solution; (ix) Polysulfide Rubber; (x) Styrene Butadiene Rubber by Emulsion; and (xi) Styrene Butadiene Latex. Elastomer product process unit (EPPU) Elastomer type Emission point Emulsion process Epichlorohydrin elastomer Equipment Ethylene-propylene rubber Existing affected source Existing process unit Extruding unit Flexible operation unit Front-end Gas-phased reaction process Glass transition temperature Grade Group 1 batch front-end process vent Group 2 batch front-end process vent Group 1 continuous front-end process vent Group 2 continuous front-end process vent Group 1 storage vessel Group 2 storage vessel Group 1 wastewater stream i.e., Group 2 wastewater stream Halogenated aggregate batch vent stream Halogenated batch front-end process vent Halogenated continuous front-end process vent High conversion latex Highest-HAP recipe Hypalon TM In chloroprene service (i) For process vents, each continuous front-end process vent, each batch front-end process vent, and each back-end process vent in a process at affected sources producing neoprene that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted chloroprene, and when combined, the sum of all these process vents within the process would emit uncontrolled, chloroprene emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information exists that suggests chloroprene could be present in a continuous front-end process vent, batch front-end process vent, or back-end process vent, then the process vent is considered to be “in chloroprene service” unless an analysis is performed as specified in § 63.509 to demonstrate that the process vent does not meet the definition of being “in chloroprene service”. Examples of information that could suggest chloroprene could be present in a process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (ii) For storage vessels, storage vessels of any capacity and vapor pressure in a process at affected sources producing neoprene storing a liquid that is at least 0.1 percent by weight of chloroprene. If knowledge exists that suggests chloroprene could be present in a storage vessel, then the storage vessel is considered to be “in chloroprene service” unless the procedures specified in § 63.509 are performed to demonstrate that the storage vessel does not meet the definition of being “in chloroprene service”. The exemption for vessels “storing and/or handling material that contains no organic HAP, or organic HAP as impurities only” listed in the definition of “storage vessel” in this section does not apply for storage vessels that are in chloroprene service. Examples of information that could suggest chloroprene could be present in a storage vessel, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (iii) For wastewater streams, any wastewater stream in a process at affected sources producing neoprene that contains total annual average concentration of chloroprene greater than or equal to 10 parts per million by weight at any flow rate. If knowledge exists that suggests chloroprene could be present in a wastewater stream, then the wastewater stream is considered to be “in chloroprene service” unless sampling and analysis is performed as specified in § 63.509 to demonstrate that the wastewater stream does not meet the definition of being “in chloroprene service”. Examples of information that could suggest chloroprene could be present in a wastewater stream, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. Initial start-up Latex Latex weight Maintenance wastewater Maximum true vapor pressure Multicomponent system Neoprene New process unit Nitrile butadiene latex Nitrile butadiene rubber On-site or on site Operating day Organic hazardous air pollutant(s) (organic HAP) (i) Is knowingly produced or introduced into the manufacturing process other than as an impurity; and (ii) Is listed in table 2 to subpart F of this part. Polybutadiene rubber by solution Polysulfide rubber Primary product Process section Process unit Process vent Product e.g., Recipe Reconstruction (i) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and (ii) It is technologically and economically feasible for the reconstructed source to meet the provisions of this subpart. Recovery device (i) An individual unit of equipment capable of and normally used for the purpose of recovering chemicals for: (A) Use; (B) Reuse; (C) Fuel value ( i.e., (D) For sale for use, reuse, or fuel value ( i.e., (ii) Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin film evaporation units. For the purposes of the monitoring, recordkeeping, or reporting requirements of this subpart, recapture devices are considered recovery devices. Recovery operations equipment Residual Resin, (i) The polymer is a block polymer; (ii) The manufactured polymer does not require vulcanization to make useful products; (iii) The polymer production process is operated to achieve at least 99 percent monomer conversion; and (iv) The polymer process unit does not recycle unreacted monomer back to the process. Shutdown Solution process Start-up Steady-state conditions Storage vessel (i) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (ii) Except for storage vessels in chloroprene service, vessels with capacities smaller than 38 cubic meters; (iii) Except for storage vessels in chloroprene service, vessels and equipment storing and/or handling material that contains no organic HAP, or organic HAP as impurities only; (iv) Surge control vessels and bottoms receivers; and (v) Wastewater storage tanks. Stripper Stripping Styrene butadiene latex Styrene butadiene rubber by emulsion Styrene butadiene rubber by solution Supplemental combustion air Suspension process Total organic compounds (TOC) Total resource effectiveness index value or TRE index value Vent stream, Waste management unit Wastewater (i) Contains either: (A) An annual average concentration of organic HAP listed in table 5 to this subpart of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater; or (B) An annual average concentration of organic HAP listed in table 5 to this subpart of at least 10,000 parts per million by weight at any flow rate; and (ii) Is discarded from an EPPU that is part of an affected source. Wastewater is process wastewater or maintenance wastewater. Wastewater stream [89 FR 43237, May 16, 2024] § 63.483 Emission standards. (a) At all times, each owner or operator must operate and maintain any affected source subject to the requirements of this subpart, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. Except as allowed under paragraphs (b) through (d) of this section, the owner or operator of an existing or new affected source shall comply with the provisions in paragraphs (a)(1) through (a)(9) of this section. (1) Section 63.484 for storage vessels; (2) Section 63.485 for continuous front-end process vents; (3) Sections 63.486 through 63.492 for batch front-end process vents; (4) Sections 63.493 through 63.500 for back-end process operations; (5) Section 63.501 for wastewater; (6) Section 63.502 for equipment leaks; (7) Section 63.504 for additional test methods and procedures; (8) Section 63.505 for monitoring levels and excursions; and (9) Section 63.506 for general reporting and recordkeeping requirements. (b) When emissions of different kinds (i.e., emissions from continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, storage vessels, process wastewater, and/or in-process equipment subject to § 63.149) are combined, and at least one of the emission streams would be classified as Group 1 in the absence of combination with other emission streams, the owner or operator of an affected source shall comply with the requirements of either paragraph (b)(1) or (b)(2) of this section, as appropriate. For purposes of this paragraph (b), owners or operators of affected sources with combined emission streams containing one or more batch front-end process vents and containing one or more continuous front-end process vents may comply with either paragraph (b)(1) or (b)(2) of this section, as appropriate. For purposes of this paragraph (b), owners or operators of affected sources with combined emission streams containing one or more batch front-end process vents but not containing one or more continuous process vents shall comply with paragraph (b)(3) of this section. (1) Comply with the applicable requirements of this subpart for each kind of emission in the stream as specified in paragraphs (a)(1) through (a)(6) of this section. (2) Comply with the first set of requirements, identified in paragraphs (b)(2)(i) through (b)(2)(v) of this section, which applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as Group 1 in the absence of combination with other emission streams, or the owner or operator chooses to consider that emission stream to be Group 1 for purposes of this paragraph. Compliance with the first applicable set of requirements identified in paragraphs (b)(2)(i) through (b)(2)(v) of this section constitutes compliance with all other requirements in paragraphs (b)(2)(i) through (b)(2)(v) of this section applicable to other types of emissions in the combined stream. (i) The requirements of this subpart for Group 1 continuous front-end process vents, including applicable monitoring, recordkeeping, and reporting; (ii) The requirements of § 63.119(e), as specified in § 63.484, for control of emissions from Group 1 storage vessels, including applicable monitoring, recordkeeping, and reporting; (iii) The requirements of § 63.139, as specified in § 63.501, for control devices used to control emissions from waste management units, including applicable monitoring, recordkeeping, and reporting; (iv) The requirements of § 63.139, as specified in § 63.501, for closed vent systems for control of emissions from in-process equipment subject to § 63.149, as specified in § 63.501, including applicable monitoring, recordkeeping, and reporting; or (v) The requirements of this subpart for aggregate batch vent streams, including applicable monitoring, recordkeeping, and reporting. (3) The owner or operator of an affected source with combined emission streams containing one or more batch front-end process vents, but not containing one or more continuous front-end process vents, shall comply with paragraphs (b)(3)(i) and (b)(3)(ii) of this section. (i) The owner or operator of the affected source shall comply with § 63.486 for the batch front-end process vent stream(s). (ii) The owner or operator of the affected source shall comply with either paragraph (b)(1) or (b)(2) of this section, as appropriate, for the remaining emission streams. (c) Instead of complying with §§ 63.484, 63.485, 63.493, and 63.501, the owner or operator of an existing affected source may elect to control any or all of the storage vessels, continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, back-end process emissions, and wastewater streams and associated waste management units within the affected source, to different levels using an emissions averaging compliance approach that uses the procedures specified in § 63.503. The restrictions concerning which emission points may be included in an emissions average, including how many emission points may be included, are specified in § 63.503(a)(1). An owner or operator electing to use emissions averaging shall still comply with the provisions of §§ 63.484, 63.485, 63. 486, 63.493, and 63.501 for affected source emission points not included in the emissions average. (d) A State may decide not to allow the use of the emissions averaging compliance approach specified in paragraph (c) of this section. (e) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), owners and operators of sources as defined in § 63.480 shall comply with the requirements of this subpart at all times, except during periods of nonoperation of the source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38048, June 19, 2000; 76 FR 22588, Apr. 21, 2011; 89 FR 43242, May 16, 2024] § 63.484 Storage vessel provisions. (a) This section applies to each storage vessel that is assigned to an affected source, as determined by § 63.480(g). Except for those storage vessels exempted by paragraph (b) of this section, the owner or operator of affected sources shall comply with the requirements of §§ 63.119 through 63.123 and 63.148, with the differences noted in paragraphs (c) through (u) of this section, for the purposes of this subpart. (b) Storage vessels described in paragraphs (b)(1) through (b)(7) of this section are exempt from the storage vessel requirements of this section. (1) Storage vessels containing styrene-butadiene latex; (2) Storage vessels containing latex products other than styrene-butadiene latex, located downstream of the stripping operations; (3) Storage vessels containing high conversion latex products; (4) Storage vessels located downstream of the stripping operations at affected sources subject to the back-end residual organic HAP limitation located in § 63.494(a)(1) through (3), that are complying through the use of stripping technology, as specified in § 63.495; (5) Storage vessels containing styrene; (6) Storage vessels containing acrylamide; and (7) Storage vessels containing epichlorohydrin. (c) When the term “storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.482 shall apply for the purposes of this subpart. (d) When the term “Group 1 storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.482 shall apply for the purposes of this subpart. (e) When the term “Group 2 storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.482 shall apply for the purposes of this subpart. (f) When the emissions averaging provisions of § 63.150 are referred to in § 63.119 and § 63.123, the emissions averaging provisions contained in § 63.503 shall apply for the purposes of this subpart. (g) When December 31, 1992 is referred to in § 63.119, June 12, 1995 shall apply instead, for the purposes of this subpart. (h) When April 22, 1994 is referred to in § 63.119, June 19, 2000 shall apply instead, for the purposes of this subpart. (i) The owner or operator of an affected source shall comply with this paragraph instead of § 63.120(d)(1)(ii) for the purposes of this subpart. If the control device used to comply with § 63.119(e) is also used to comply with any of the requirements found in §§ 63.485 through 63.501, the performance test required in or accepted by the applicable requirements in §§ 63.485 through 63.501 is acceptable for demonstrating compliance with § 63.119(e), for the purposes of this subpart. The owner or operator will not be required to prepare a design evaluation for the control device as described in § 63.120(d)(1)(i), if the performance test meets the criteria specified in paragraphs (i)(1) and (i)(2) of this section. (1) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 63.119(e)(1) or § 63.119(e)(2), as applicable; and (2) The performance test is submitted as part of the Notification of Compliance Status required by § 63.506(e)(5). If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.152(h), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (j) When the term “range” is used in §§ 63.120(d)(3)(i), 63.120(d)(5), and 63.122(g)(2), the term “level” shall apply instead, for the purposes of this subpart. (k) For purposes of this subpart, the monitoring plan required by § 63.120(d)(2) shall specify for which control devices the owner or operator has selected to follow the procedures for continuous monitoring specified in § 63.505. For those control devices for which the owner or operator has selected to not follow the procedures for continuous monitoring specified in § 63.505, the monitoring plan shall include a description of the parameter or parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised), as specified in § 63.120(d)(2)(i). (l) For purposes of this subpart, the monitoring plan required by § 63.122(b) shall be included in the Notification of Compliance Status required by § 63.506(e)(5). (m) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.120, 63.122, and 63.123, the Notification of Compliance Status requirements contained in § 63.506(e)(5) shall apply for the purposes of this subpart. (n) When the Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.120 and 63.122, the Periodic Report requirements contained in § 63.506(e)(6) shall apply for the purposes of this subpart. (o) When other reports as required in § 63.152(d) are referred to in § 63.122, the reporting requirements contained in § 63.506(e)(7) shall apply for the purposes of this subpart. (p) When the Initial Notification requirements contained in § 63.151(b) are referred to in §§ 63.119 through 63.123, for the purposes of this subpart the owner or operator of an affected source need not comply. (q) When the determination of equivalence criteria in § 63.102(b) are referred to in § 63.121(a), the provisions in § 63.6(g) shall apply for the purposes of this subpart. (r) When § 63.119(a) requires compliance according to the schedule provisions in § 63.100, owners and operators of affected sources shall instead comply with the requirements in §§ 63.119(a)(1) through 63.119(a)(4) by the compliance date for storage vessels, which is specified in § 63.481. (s) In § 63.120(e)(1), instead of the reference to § 63.11(b), the requirements of § 63.504(c) shall apply. (t) Owners and operators of affected sources must make the substitutions as specified in paragraphs (t)(1) through (4) of this section: (1) Substitute “For each affected source as described in § 63.480” for each occurrence of the phrase “For each source as defined in § 63.101”. (2) Substitute “beginning no later than the compliance dates specified in § 63.481(n)” for each occurrence of the phrase “beginning no later than the compliance dates specified in § 63.100(k)(10)”. (3) Substitute “owners and operators of affected sources as described in § 63.480” for each occurrence of the phrase “owners and operators of sources as defined in § 63.101”. (4) Substitute “§ 63.508” for each occurrence of “§ 63.108”. (u) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o), if the storage vessel (of any capacity and vapor pressure) stores liquid containing chloroprene such that the storage vessel is considered to be in chloroprene service, as defined in § 63.482, then the owner or operator must comply with the requirements of paragraphs (u)(1) through (3) of this section in addition to all other applicable requirements specified in § 63.483 and elsewhere in this section. (1) Reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene by greater than or equal to 98 percent by weight, or to a concentration less than 1 ppmv for each storage vessel vent. If a combustion device is used, the chloroprene concentration of 1 ppmv must be corrected to 3 percent oxygen. (2) To demonstrate compliance with the emission limits specified in paragraph (u)(1) of this section for storage vessels in chloroprene service, owners and operators must meet the requirements specified in § 63.510. (3) Owners and operators must keep the records specified in paragraphs (u)(3)(i) and (u)(3)(ii) of this section in addition to those records specified elsewhere in this section. (i) For storage vessels in chloroprene service, records of the concentration of chloroprene of the fluid stored in each storage vessel. (ii) The owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.510(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38049, June 19, 2000; 76 FR 22588, Apr. 21, 2011; 89 FR 43242, May 16, 2024] § 63.485 Continuous front-end process vent provisions. (a) For each continuous front-end process vent located at an affected source, the owner or operator shall comply with the requirements of §§ 63.113 through 63.118, except as provided for in paragraphs (b) through (z) of this section. The owner or operator of continuous front-end process vents that are combined with one or more batch front-end process vents shall comply with paragraph (o) or (p) of this section. (b) When the term “process vent” is used in §§ 63.113 through 63.118, the term “continuous front-end process vent,” and the definition of this term in § 63.482 shall apply for the purposes of this subpart. (c) When the term “halogenated process vent” is used in §§ 63.113 through 63.118, the term “halogenated continuous front-end process vent,” and the definition of this term in § 63.482 shall apply for the purposes of this subpart. (d) When the term “Group 1 process vent” is used in §§ 63.113 through 63.118, the term “Group 1 continuous front-end process vent,” and the definition of this term in § 63.482 shall apply for the purposes of this subpart. (e) When the term “Group 2 process vent” is used in §§ 63.113 through 63.118, the term “Group 2 continuous front-end process vent,” and the definition of this term in § 63.482 shall apply for the purposes of this subpart. (f) When December 31, 1992 (i.e., the proposal date for subpart G of this part) is referred to in § 63.113, June 12, 1995 shall instead apply, for the purposes of this subpart. (g) When §§ 63.151(f), alternative monitoring parameters, and 63.152(e), submission of an operating permit, are referred to in §§ 63.114(c) and 63.117(e), 63.506(f), alternative monitoring parameters, and § 63.506(e)(8), submission of an operating permit, respectively, shall apply for the purposes of this subpart. (h) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.114, 63.117, and 63.118, the Notification of Compliance Status requirements contained in § 63.506(e)(5) shall apply for the purposes of this subpart. (i) When the Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.117 and 63.118, the Periodic Report requirements contained in § 63.506(e)(6) shall apply for the purposes of this subpart. (j) When the definition of excursion in § 63.152(c)(2)(ii)(A) is referred to in § 63.118(f)(2), the definition of excursion in § 63.505(g) and (h) shall apply for the purposes of this subpart. (k) When § 63.114(e) or § 63.117(f) specifies that an owner or operator shall submit the information required in § 63.152(b) in order to establish the parameter monitoring range, the owner or operator of an affected source shall comply with the provisions of § 63.505 for establishing the parameter monitoring level and shall comply with § 63.506(e)(5) for the purposes of reporting information related to the establishment of the parameter monitoring level, for the purposes of this subpart. Further, the term “level” shall apply whenever the term “range” is used in §§ 63.114, 63.117, and 63.118. (l) When reports of process changes are required under § 63.118(g), (h), (i), or (j), paragraphs (l)(1) through (l)(4) of this section shall apply for the purposes of this subpart. In addition, for the purposes of this subpart paragraph (l)(5) of this section applies, and § 63.118(k) does not apply to owners or operators of affected sources. (1) For the purposes of this subpart, whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous front-end process vent to become a Group 1 continuous front-end process vent, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator of the affected source shall comply with the Group 1 provisions in §§ 63.113 through 63.118 in accordance with § 63.480(i)(2)(ii) or (i)(2)(iii), as applicable. (2) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous front-end process vent with a TRE greater than 4.0 to become a Group 2 continuous front-end process vent with a TRE less than 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.481. (3) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous front-end process vent with a flow rate less than 0.005 standard cubic meter per minute (scmm) to become a Group 2 continuous front-end process vent with a flow rate of 0.005 scmm or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.481. (4) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous front-end process vent with an organic HAP concentration less than 50 parts per million by volume (ppmv) to become a Group 2 continuous front-end process vent with an organic HAP concentration of 50 ppmv or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.481. (5) The owner or operator is not required to submit a report of a process change if one of the conditions listed in paragraphs (l)(5)(i), (l)(5)(ii), (l)(5)(iii), or (l)(5)(iv) of this section is met. (i) The change does not meet the description of a process change in § 63.115(e); (ii) The vent stream flow rate is recalculated according to § 63.115(e) and the recalculated value is less than 0.005 standard cubic meter per minute; (iii) The organic HAP concentration of the vent stream is recalculated according to § 63.115(e) and the recalculated value is less than 50 parts per million by volume; or (iv) The TRE index value is recalculated according to § 63.115(e) and the recalculated value is greater than 4.0. (m) When § 63.118 (periodic reporting and recordkeeping requirements) refers to § 63.152(f), the recordkeeping requirements in § 63.506(d) shall apply for the purposes of this subpart. (n) When §§ 63.115 and 63.116 refer to Table 2 of subpart F of this part, the owner or operator is only required to consider organic HAP listed on Table 5 of this subpart, for the purposes of this subpart. (o) If a batch front-end process vent or aggregate batch vent stream is combined with a continuous front-end process vent, the owner or operator of the affected source containing the combined vent stream shall comply with paragraph (o)(1); with paragraph (o)(2) and with paragraph (o)(3) or (o)(4); or with paragraph (o)(5) of this section, as appropriate. (1) If a batch front-end process vent or aggregate batch vent stream is combined with a Group 1 continuous front-end process vent prior to the combined vent stream being routed to a control device, the owner or operator of the affected source containing the combined vent stream shall comply with the requirements in paragraph (o)(1)(i) or (o)(1)(ii) of this section. (i) All requirements for a Group 1 process vent stream in §§ 63.113 through 63.118, except as otherwise provided in this section. As specified in § 63.504(a)(1), performance tests shall be conducted at maximum representative operating conditions. For the purpose of conducting a performance test on a combined vent stream, maximum representative operating conditions shall be when batch emission episodes are occurring that result in the highest organic HAP emission rate (for the combined vent stream) that is achievable during one of the periods listed in § 63.504(a)(1)(i) or § 63.504(a)(1)(ii), without causing any of the situations described in paragraphs (o)(1)(i)(A) through (o)(1)(i)(C) of this section to occur. (A) Causing damage to equipment; (B) Necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or (C) Necessitating that the owner or operator make product in excess of demand. (ii) Comply with the provisions in § 63.483(b)(1), as allowed under § 63.483(b). (2) If a batch front-end process vent or aggregate batch vent stream is combined with a continuous front-end process vent prior to the combined vent stream being routed to a recovery device, the TRE index value for the combined vent stream shall be calculated at the exit of the last recovery device. The TRE shall be calculated during periods when one or more batch emission episodes are occurring that result in the highest organic HAP emission rate (in the combined vent stream that is being routed to the recovery device) that is achievable during the 6-month period that begins 3 months before and ends 3 months after the TRE calculation, without causing any of the situations described in paragraphs (o)(2)(i) through (o)(2)(iii) of this section to occur. (i) Causing damage to equipment; (ii) Necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or (iii) Necessitating that the owner or operator make product in excess of demand. (3) If the combined vent stream described in paragraph (o)(2) of this section meets the requirements in paragraphs (o)(3)(i), (o)(3)(ii), and (o)(3)(iii) of this section, the combined vent stream shall be subject to the requirements for Group 1 process vents in §§ 63.113 through 63.118, except as otherwise provided in this section, as applicable. Performance tests for the combined vent stream shall be conducted at maximum representative operating conditions, as described in paragraph (o)(1) of this section. (i) The TRE index value of the combined stream is less than or equal to 1.0; (ii) The flow rate of the combined vent stream is greater than or equal to 0.005 standard cubic meter per minute; and (iii) The total organic HAP concentration is greater than or equal to 50 parts per million by volume for the combined vent stream. (4) If the combined vent stream described in paragraph (o)(2) of this section meets the requirements in paragraph (o)(4)(i), (ii), or (iii) of this section, the combined vent stream shall be subject to the requirements for Group 2 process vents in §§ 63.113 through 63.118, except as otherwise provided in this section, as applicable. (i) The TRE index value of the combined vent stream is greater than 1.0; (ii) The flow rate of the combined vent stream is less than 0.005 standard cubic meter per minute; or (iii) The total organic HAP concentration is less than 50 parts per million by volume for the combined vent stream. (5) If a batch front-end process vent or aggregate batch vent stream is combined with a Group 2 continuous front-end process vent, the owner or operator shall comply with the requirements in either paragraph (o)(5)(i) or (o)(5)(ii) of this section. (i) The owner or operator shall comply with the requirements in §§ 63.113 through 63.118 for Group 1 process vents; or (ii) The owner or operator shall comply with § 63.487(e)(2) for batch front-end process vents and aggregate batch vent streams. (p) If any gas stream that originates outside of an affected source that is subject to this subpart is normally conducted through the same final recovery device as any continuous front-end process vent stream subject to this subpart, the combined vent stream shall comply with all requirements in §§ 63.113 through 63.118, except as otherwise provided in this section, as applicable. (1) Instead of measuring the vent stream flow rate at the sampling site specified in § 63.115(b)(1), the sampling site for vent stream flow rate shall be prior to the final recovery device and prior to the point at which the gas stream that is not controlled under this subpart is introduced into the combined vent stream. (2) Instead of measuring total organic HAP or TOC concentrations at the sampling site specified in § 63.115(c)(1), the sampling site for total organic HAP or TOC concentration shall be prior to the final recovery device and prior to the point at which the gas stream that is not controlled under this subpart is introduced into the combined vent stream. (3) Except as specified in paragraph (p)(5) of this section, the efficiency of the final recovery device (determined according to paragraph (p)(4) of this section) shall be applied to the total organic HAP or TOC concentration measured at the sampling site described in paragraph (p)(2) of this section to determine the exit concentration. This exit concentration of total organic HAP or TOC shall then be used to perform the calculations outlined in § 63.115(d)(2)(iii) and § 63.115(d)(2)(iv), for the combined vent stream exiting the final recovery device. (4) The efficiency of the final recovery device is determined by measuring the total organic HAP or TOC concentration using Method 18 or 25A, 40 CFR part 60, appendix A, at the inlet to the final recovery device after the introduction of any gas stream that is not controlled under this subpart, and at the outlet of the final recovery device. (5) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), the last sentence in paragraph (p)(3) of this section: “This exit concentration of total organic HAP or TOC shall then be used to perform the calculations outlined in § 63.115(d)(2)(iii) and § 63.115(d)(2)(iv), for the combined vent stream exiting the final recovery device.” no longer applies. (q) Group 1 halogenated continuous front-end process vents must comply with the provisions of § 63.113(a)(1)(ii) and § 63.113(c), with the exceptions noted in paragraphs (q)(1) and (2) of this section. (1) Group 1 halogenated continuous front-end process vents at existing affected sources producing butyl rubber or ethylene propylene rubber using a solution process are exempt from the provisions of § 63.113(a)(1)(ii) and § 63.113(c) if the conditions in paragraphs (q)(1)(i) and (ii) of this section are met, and shall comply with the requirements in paragraphs (q)(1)(iii) through (vi) of this section. Group 1 halogenated continuous front-end process vents at new affected sources producing butyl rubber or ethylene propylene rubber using a solution process are not exempt from § 63.113(a)(1)(ii) and § 63.113(c). (i) If the halogenated continuous front-end process vent stream was controlled by a combustion device prior to June 12, 1995; and (ii) Except as specified in paragraph (q)(3) of this section, if the requirements of § 63.113(a)(2); § 63.113(a)(3); § 63.113(b) and the associated testing requirements in § 63.116; or § 63.11(b) and § 63.504(c) are met. (iii) The average HCl emissions from all front-end process operations at affected sources producing butyl rubber and ethylene propylene rubber using a solution process shall not exceed the limits determined in accordance with paragraphs (q)(1)(iii)(A) and (B) of this section for any consecutive 12-month period. The specific limitation for each elastomer type shall be determined based on the calculation or the emissions level provided in paragraphs (q)(1)(iii)(A) and (B) of this section divided by the base year elastomer product that leaves the stripping operation (or the reactor(s), if the plant has no stripper(s)). The limitation shall be calculated and submitted in accordance with paragraph (q)(1)(iv) of this section. (A) For butyl rubber, the HCl emission limitation shall be calculated using the following equation: Where: HCl 2010 BRHClEL = Butyl rubber HCl emission limit, Mg HCl emissions/Mg butyl rubber produced P 2010 1.74 = variability factor, unitless (B) For ethylene propylene rubber using a solution process, the HCl emission limitation, in units of Mg HCl emissions per Mg of ethylene propylene rubber produced, shall be calculated by dividing 27 Mg/yr by the mass of ethylene propylene rubber produced in 2010, in Mg. (iv) If the front-end process operation is subject to a HCl emission limitation in paragraph (q)(1)(iii) of this section, the owner and operator must submit the information specified in paragraphs (q)(1)(iv)(A) and (B) of this section. (A) The applicable HCl emission limitation determined in accordance with paragraphs (q)(1)(iii)(A) and (B) of this section shall be submitted no later than 180 days from the date of publication of the final rule amendments in the Federal Register. (B) Beginning with the first periodic report required to be submitted by § 63.506(e)(6) that is at least 13 months after the compliance date, the total mass of HCl emitted for each of the rolling 12-month periods in the reporting period divided by the total mass of elastomer produced during the corresponding 12-month period, determined in accordance with paragraph (q)(1)(v) of this section. (v) Compliance with the HCl emission limitations determined in accordance with paragraph (q)(1)(iii) of this section shall be demonstrated in accordance with paragraphs (q)(1)(v)(A) through (E) of this section. (A) Calculate your HCl emission limitation in accordance with paragraphs (q)(1)(iii)(A) and (B) of this section, as applicable, record it, and submit it in accordance with paragraph (q)(1)(iv) of this section. (B) Each month, calculate and record the HCl emissions from all front-end process operations using engineering assessment. Engineering assessment includes, but is not limited to, the following: ( 1 ( 2 ( 3 ( 4 (C) Each month, record the mass of elastomer product produced. (D) Each month, calculate and record the sum of the HCl emissions and the mass of elastomer produced for the previous calendar 12-month period. (E) Each month, divide the total mass of HCl emitted for the previous calendar 12-month period by the total mass of elastomer produced during this 12-month period. This value must be recorded in accordance with paragraph (q)(1)(vi) of this section and reported in accordance with paragraph (q)(1)(iv) of this section. (vi) If the front-end process operation is subject to an HCl emission limitation in paragraph (q)(1)(iii) of this section, the owner or operator shall maintain the records specified in paragraphs (q)(1)(vi)(A) through (D) of this section. (A) The applicable HCl emission limitation determined in accordance with paragraphs (q)(1)(iii)(A) and (B) of this section. (B) The HCl emissions from all front-end process operations for each month, along with documentation of all calculations, and other information used in the engineering assessment to estimate these emissions. (C) The mass of elastomer product produced each month. (D) The total mass of HCl emitted for each 12-month period divided by the total mass of elastomer produced during the 12-month period, determined in accordance with paragraph (q)(1)(v) of this section. (2) Except as specified in paragraph (q)(3) of this section, Group 1 halogenated continuous front-end process vents at new and existing affected sources producing an elastomer using a gas-phased reaction process, provided that the requirements of § 63.113(a)(2); § 63.113(a)(3); § 63.113(b) and the associated testing requirements in § 63.116; or § 63.11(b) and § 63.504(c) are met. (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraphs (q)(1)(ii) and (q)(2) of this section no longer apply. Instead, the requirements of § 63.113(a)(2); §§ 63.113(b) and the associated testing requirements in § 63.116; or § 63.508 must be met. (r) The compliance date for continuous front-end process vents subject to the provisions of this section is specified in § 63.481. (s) Internal combustion engines. (1) The vent stream routed to the internal combustion engine shall not be a halogenated continuous front-end process vent stream. (2) The organic HAP is introduced with the primary fuel. (3) The internal combustion engine is operating at all times that organic HAP emissions are being routed to it. The owner or operator shall demonstrate that the internal combustion engine is operating by continuously monitoring the on/off status of the internal combustion engine. (4) The owner or operator shall maintain hourly records verifying that the internal combustion engine was operating at all times that emissions were routed to it. (5) The owner or operator shall include in the Periodic Report a report of all times that the internal combustion engine was not operating while emissions were being routed to it. Include the start date and time and end date and time for all such periods. (6) If an internal combustion engine meeting the requirements of paragraphs (s)(1) through (5) of this section is used to comply with the provisions of § 63.113(a), the internal combustion engine is exempt from the source testing requirements of § 63.116. (t) When the provisions of § 63.116(c)(3) and (4) specify that Method 18 of appendix A-6 to 40 CFR part 60 must be used, Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively, may be used for the purposes of this subpart. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A must conform with the requirements in paragraphs (t)(1) and (2) of this section. (1) The organic HAP used as the calibration gas for Method 25A of appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of the emissions. (2) [Reserved] (u) In § 63.116(a), instead of the reference to § 63.11(b), the requirements in § 63.504(c) shall apply. (v) When a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.113(a)(2), the correction to 3 percent oxygen is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. In addition, the correction to 3 percent oxygen specified in § 63.116(c)(3) and (c)(3)(iii) is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. Finally, when a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.113(a)(2), an owner or operator shall record and report the outlet concentration required in § 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. When supplemental combustion air is not used to combust the emissions, an owner or operator may record and report the outlet concentration required in § 63.117(a)(4)(ii) and (a)(4)(iv) on an uncorrected basis or corrected to 3 percent oxygen, for the purposes of this subpart. (w) Shutdown. (x) Owners and operators of affected sources must make the substitutions as specified in paragraphs (x)(1) through (4) of this section: (1) Substitute “For each affected source as described in § 63.480” for each occurrence of the phrase “For each source as defined in § 63.101”. (2) Substitute “beginning no later than the compliance dates specified in § 63.481(n)” for each occurrence of the phrase “beginning no later than the compliance dates specified in § 63.100(k)(10)”. (3) Substitute “owners and operators of affected sources as described in § 63.480” for each occurrence of the phrase “owners and operators of sources as defined in § 63.101”. (4) Substitute “§ 63.508” for each occurrence of “§ 63.108”. (y) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o), if the Group 1 or Group 2 continuous front-end process vent contains chloroprene such that it is considered to be in chloroprene service, as defined in § 63.482, then the owner or operator must comply with the requirements of paragraphs (y)(1) through (4) of this section in addition to all other applicable requirements specified in § 63.483 and elsewhere in this section. (1) Reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene by greater than or equal to 98 percent by weight, or to a concentration less than 1 ppmv for each process vent or to less than 5 pounds per year for all combined process vents within the process. If a combustion device is used, the chloroprene concentration of 1 ppmv must be corrected to 3 percent oxygen. (2) To demonstrate compliance with the emission limits specified in paragraph (y)(1) of this section for continuous front-end process vents in chloroprene service, owners and operators must meet the requirements specified in § 63.510. (3) Owners and operators must keep the records specified in paragraphs (y)(3)(i) and (y)(3)(ii) of this section in addition to those records specified elsewhere in this section. (i) For process vents, include all uncontrolled, undiluted chloroprene concentration measurements, and the calculations used to determine the total uncontrolled chloroprene mass emission rate for the sum of all vent gas streams. (ii) The owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.510(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. (4) The Periodic Report must include the records for the periods specified in paragraph (y)(3)(ii) of this section. Indicate the start date, start time and duration in hours for each period. (z) For continuous front-end process vents that are in chloroprene service and subject to the requirements of § 63.510, the requirements in 40 CFR 63.113(k)(4) do not apply. Instead, in addition to complying with the requirements in paragraphs 40 CFR 63.113(k)(1) through (3), for continuous front-end process vents that are in chloroprene service and subject to the requirements of § 63.510 that are designated as maintenance vents, owners and operators may not release more than 1.0 tons of chloroprene from all maintenance vents combined ( i.e., [65 FR 38049, June 19, 2000, as amended at 66 FR 36928, July 16, 2001; 76 FR 22588, Apr. 21, 2011; 89 FR 43243, May 16, 2024] Editorial Note: At 89 FR 43243, May 16, 2024, § 63.485 was amended in part by revising paragraphs (l) and (o). However, the amendments could not be incorporated due to inaccurate amendatory instructions. § 63.486 Batch front-end process vent provisions. (a) Batch front-end process vents. (b) Aggregate batch vent streams. [65 FR 38052, June 19, 2000] § 63.487 Batch front-end process vents—reference control technology. (a) Batch front-end process vents. (1) For each batch front-end process vent, reduce organic HAP emissions using a flare. (i) Except as specified in paragraph (a)(1)(iii) of this section, the owner or operator of the affected sources shall comply with the requirements of § 63.504(c) for the flare. (ii) Halogenated batch front-end process vents, as defined in § 63.482, shall not be vented to a flare. (iii) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (a)(1)(i) of this section no longer applies and instead the owner or operator of the affected sources must comply with § 63.508 for the flare. (2) For each batch front-end process vent, reduce organic HAP emissions for the batch cycle by 90 weight percent using a control device. Owners or operators may achieve compliance with this paragraph through the control of selected batch emission episodes or the control of portions of selected batch emission episodes. Documentation demonstrating how the 90 weight percent emission reduction is achieved is required by § 63.490(c)(2). (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), for each batch front-end process vent that contains chlorine, HCl, or any other chlorinated compound, reduce emissions of dioxins and furans (toxic equivalency basis) to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen. (b) Aggregate batch vent streams. (1) For each aggregate batch vent stream, reduce organic HAP emissions using a flare. (i) Except as specified in paragraph (b)(1)(iii) of this section, the owner or operator of the affected source shall comply with the requirements of § 63.504(c) for the flare. (ii) Halogenated aggregate batch vent streams, as defined in § 63.482, shall not be vented to a flare. (iii) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (b)(1)(i) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (2) For each aggregate batch vent stream, reduce organic HAP emissions by 90 weight percent or to a concentration of 20 ppmv, on a continuous basis using a control device. For purposes of complying with the 20 ppmv outlet concentration standard, the outlet concentration shall be calculated on a dry basis. When a combustion device is used for purposes of complying with the 20 ppmv outlet concentration standard, the concentration shall be corrected to 3 percent oxygen if supplemental combustion air is used to combust the emissions. If supplemental combustion air is not used, a correction to 3 percent oxygen is not required. (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), for each aggregate batch vent stream that contains chlorine, HCl, or any other chlorinated compound, reduce emissions of dioxins and furans (toxic equivalency basis) to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen (c) Halogenated emissions. (1) If a combustion device is used to comply with paragraph (a)(2), (a)(3), (b)(2), or (b)(3) of this section for a halogenated batch front-end process vent or halogenated aggregate batch vent stream, the emissions exiting the combustion device shall be ducted to a halogen reduction device that reduces overall emissions of hydrogen halides and halogens by at least 99 percent before discharge to the atmosphere. (2) A halogen reduction device may be used to reduce the halogen atom mass emission rate to less than 3,750 kg/yr for batch front-end process vents or aggregate batch vent streams and thus make the batch front-end process vent or aggregate batch vent stream nonhalogenated. The nonhalogenated batch front-end process vent or aggregate batch vent stream shall then comply with the requirements of either paragraph (a) or (b) of this section, as appropriate. (d) If a boiler or process heater is used to comply with the percent reduction requirement specified in paragraph (a)(2) or (b)(2) of this section, the batch front-end process vent or aggregate batch vent stream shall be introduced into the flame zone of such a device. (e) Combination of batch front-end process vents or aggregate batch vent streams with continuous front-end process vents. (1) A batch front-end process vent or aggregate batch vent stream combined with a continuous front-end process vent stream is not subject to the provisions of §§ 63.486 through 63.492, if the requirements in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met. (i) The only emissions to the atmosphere from the batch front-end process vent or aggregate batch vent stream prior to being combined with the continuous front-end process vent are from equipment subject to § 63.502. (ii) The batch front-end vent stream or aggregate batch vent stream is combined with a Group 1 continuous front-end process vent stream prior to the combined vent stream being routed to a control device. In this paragraph (e)(1)(ii), the definition of control device as it relates to continuous front-end process vents shall be used. Furthermore, the combined vent stream discussed in this paragraph (e)(1)(ii) shall be subject to § 63.485(o)(1). (iii) Except as specified in paragraph (e)(1)(iv) of this section, the batch front-end process vent or aggregate batch vent stream is combined with a continuous front-end process vent stream prior to being routed to a recovery device. In this paragraph (e)(1)(iii), the definition of recovery device as it relates to continuous front-end process vents shall be used. Furthermore, the combined vent stream discussed in this paragraph (e)(1)(iii) shall be subject to § 63.485(o)(2). (iv) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (e)(1)(iii) of this section no longer applies. (2) If the batch front-end process vent or aggregate batch vent stream is combined with a Group 2 continuous front-end process vent, the group status of the batch front-end process vent shall be determined prior to its combination with the Group 2 continuous front-end process vent, in accordance with § 63.488, and the combined vent stream shall be subject to the requirements for aggregate batch vent streams in §§ 63.486 through 63.492. (f) Group 2 batch front-end process vents with annual emissions greater than or equal to the level specified in § 63.488(d). (1) The owner or operator shall comply with the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this section. (i) The owner or operator shall establish a batch mass input limitation that ensures that the Group 2 batch front-end process vent does not become a Group 1 batch front-end process vent. (ii) Over the course of the affected source's “year,” as reported in the Notification of Compliance Status in accordance with § 63.506(e)(5)(ix), the owner or operator shall not charge a mass of HAP or material to the batch unit operation that is greater than the level established as the batch mass input limitation. (iii) The owner or operator of an affected source shall comply with the recordkeeping requirements in § 63.491(d)(2), and the reporting requirements in § 63.492(a)(3), (b) and (c). (iv) The owner or operator of an affected source shall comply with § 63.488(i) when process changes are made. (2) Comply with the requirements of this subpart for Group 1 batch front-end process vents. (g) Group 2 batch front-end process vents with annual emissions less than the level specified in § 63.488(d). (1) The owner or operator of the affected source shall comply with the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this section. (i) The owner or operator shall establish a batch mass input limitation that ensures emissions do not exceed the appropriate level specified in § 63.488(d). (ii) Over the course of the affected source's “year,” as reported in the Notification of Compliance Status in accordance with § 63.506(e)(5)(ix), the owner or operator shall not charge a mass of HAP or material to the batch unit operation that is greater than the level established as the batch mass input limitation. (iii) The owner or operator of the affected source shall comply with the recordkeeping requirements in § 63.491(d)(1), and the reporting requirements in § 63.492(a)(2), (b), and (c). (iv) The owner or operator of the affected source shall comply with § 63.488(i) when process changes are made. (2) Comply with the requirements of paragraph (f)(1) of this section; (3) Comply with the requirements of paragraph (f)(2) of this section; or (4) Comply with the requirements of paragraph (h) of this section. (h) Owners or operators of Group 2 batch front-end process vents are not required to establish a batch mass input limitation if the batch front-end process vent is Group 2 at the conditions specified in paragraphs (h)(1) and (h)(2) of this section and if the owner or operator complies with the recordkeeping provisions in §§ 63.491(a)(1) through (3), 63.491(a)(9), and 63.491(a)(4) through (6) as applicable, and the reporting requirements in § 63.492(a)(5) and (6) and (b). (1) Emissions for the single highest-HAP recipe (considering all products that are produced in the batch unit operation) are used in the group determination; and (2) The group determination assumes that the batch unit operation is operating at the maximum design capacity of the EPPU for 12 months. (i) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), an owner or operator may designate a batch front-end process vent as a maintenance vent if the vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed, or placed into service. The owner or operator must comply with the applicable requirements in paragraphs (i)(1) through (i)(4) of this section for each maintenance vent. Any vent designated as a maintenance vent is only subject to the maintenance vent provisions in this paragraph (i) and the associated recordkeeping and reporting requirements in § 63.491(h) and § 63.492(g), respectively. The owner or operator does not need to designate a maintenance vent as a Group 1 or Group 2 batch front-end process vent nor identify maintenance vents in a Notification of Compliance Status report. (1) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements of § 63.508, as applicable, or using any combination of a non-flare combustion, recovery, and/or recapture device meeting the requirements in paragraph (a)(2) of this section until one of the following conditions, as applicable, is met. (i) The concentration of the vapor in the equipment served by the maintenance vent is less than 10 percent of its lower explosive limit (LEL) and has an outlet concentration less than or equal to 20 ppmv hydrogen halide and halogen HAP. (ii) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (iii) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC). (iv) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (i)(1)(i) through (i)(1)(iii) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (2) Except for maintenance vents complying with the alternative in paragraph (i)(1)(iii) of this section, the owner or operator must determine the concentration or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (3) For maintenance vents complying with the alternative in paragraph (i)(1)(iii) of this section, the owner or operator must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. (4) In addition to complying with the requirements in paragraphs (i)(1) through (i)(3) of this section, for batch front-end process vents that are in chloroprene service and subject to the requirements of § 63.510 that are designated as maintenance vents, owners and operators may not release more than 1.0 tons of chloroprene from all maintenance vents combined ( i.e., (j) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o), if the Group 1 or Group 2 batch front-end process vent contains chloroprene such that it is considered to be in chloroprene service, as defined in § 63.482, then the owner or operator must comply with the requirements of paragraphs (j)(1) through (j)(4) of this section in addition to all other applicable requirements specified in § 63.483 and elsewhere in this section. (1) Reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene by greater than or equal to 98 percent by weight, or to a concentration less than 1 ppmv for each process vent or to less than 5 pounds per year for all combined process vents within the process. If a combustion device is used, the chloroprene concentration of 1 ppmv must be corrected to 3 percent oxygen. (2) To demonstrate compliance with the emission limits specified in paragraph (j)(1) of this section for batch front-end process vents in chloroprene service, owners and operators must meet the requirements specified in § 63.510. (3) Owners and operators must keep the records specified in paragraphs (j)(3)(i) and (j)(3)(ii) of this section in addition to those records specified elsewhere in this section. (i) For process vents, include all uncontrolled, undiluted chloroprene concentration measurements, and the calculations used to determine the total uncontrolled chloroprene mass emission rate for the sum of all vent gas streams. (ii) The owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.510(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. (4) The Periodic Report must include the records of periods specified in paragraph (j)(3)(ii) of this section. Indicate the start date, start time and duration in hours for each period. [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 FR 38052, June 19, 2000; 66 FR 36928, July 16, 2001; 89 FR 43245, May 16, 2024] § 63.488 Methods and procedures for batch front-end process vent group determination. (a) General requirements. (1) The procedures specified in paragraphs (b) through (g) shall be followed to determine the group status of each batch front-end process vent. This determination shall be made in accordance with either paragraph (a)(1)(i) or (a)(1)(ii) of this section. (i) An owner or operator may choose to determine the group status of a batch front-end process vent based on the expected mix of products. For each product, emission characteristics of the single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section, for that product, shall be used in the procedures in paragraphs (b) through (i) of this section. (ii) An owner or operator may choose to determine the group status of a batch front-end process vent based on annualized production of the single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section, considering all products produced or processed in the batch unit operation. The annualized production of the highest-HAP recipe shall be based exclusively on the production of the single highest-HAP recipe of all products produced or processed in the batch unit operation for a 12 month period. The production level used may be the actual production rate. It is not necessary to assume a maximum production rate (i.e., 8,760 hours per year at maximum design production). (iii) The single highest-HAP recipe for a product means the recipe of the product with the highest total mass of HAP charged to the reactor during the production of a single batch of product. (2) The annual uncontrolled organic HAP or TOC emissions and annual average batch vent flow rate shall be determined at the exit from the batch unit operation. For the purposes of these determinations, the primary condenser operating as a reflux condenser on a reactor or distillation column, the primary condenser recovering monomer, reaction products, by-products, or solvent from a stripper operated in batch mode, and the primary condenser recovering monomer, reaction products, by-products, or solvent from a distillation operation operated in batch mode shall be considered part of the batch unit operation. All other devices that recover or oxidize organic HAP or TOC vapors shall be considered control devices as defined in § 63.482. (3) The owner or operator of a batch front-end process vent complying with the flare provisions in § 63.487(a)(1) or § 63.487(b)(1) or routing the batch front-end process vent to a control device to comply with the requirements in § 63.487(a)(2) or § 63.487(b)(2) is not required to perform the batch front-end process vent group determination described in this section, but shall comply with all requirements applicable to Group 1 batch front-end process vents. (b) Determination of annual emissions. (1) TOC or organic HAP emissions from the purging of an empty vessel shall be calculated using Equation 1. This equation does not take into account evaporation of any residual liquid in the vessel. Where: E episode V ves 3 P = TOC or total organic HAP partial pressure, kPa. MW WAVG R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, °K. m = Number of volumes of purge gas used. (2) TOC or organic HAP emissions from the purging of a filled vessel shall be calculated using Equation 2. Where: E episode y = Saturated mole fraction of all TOC or organic HAP in vapor phase. V dr 3 P = Pressure in vessel vapor space, kPa. MW WAVG R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, °K. P i x i n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated. T m (3) Emissions from vapor displacement due to transfer of material into or out of a vessel shall be calculated using Equation 3. Where: E episode y = Saturated mole fraction of all TOC or organic HAP in vapor phase. V = Volume of gas displaced from the vessel, m 3 P = Pressure of vessel vapor space, kPa. MW WAVG R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, °K. (4) Emissions caused by the heating of a vessel shall be calculated using the procedures in either paragraph (b)(4)(i), (b)(4)(ii), or (b)(4)(iii) of this section, as appropriate. (i) If the final temperature to which the vessel contents is heated is lower than 50 K below the boiling point of the HAP in the vessel, then emissions shall be calculated using the equations in paragraphs (b)(4)(i)(A) through (b)(4)(i)(D) of this section. (A) Emissions caused by heating of a vessel shall be calculated using Equation 4. The assumptions made for this calculation are atmospheric pressure of 760 mm Hg and the displaced gas is always saturated with VOC vapor in equilibrium with the liquid mixture. Where: E episode (P i T1 i T2 n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated. Δη = Number of kilogram-moles (kg-moles) of gas displaced, determined in accordance with paragraph (b)(4)(i)(B) of this section. 101.325 = Constant, kPa. (MW WAVG,T1 WAVG,T2 (B) The moles of gas displaced, Δη, is calculated using equation 5. Where: Δη = Number of kg-moles of gas displaced. V fs 3 R = Ideal gas constant, 8.314 m 3 Pa 1 Pa 2 T 1 T 2 (C) The initial and final pressure of the noncondensible gas in the vessel shall be calculated using equation 6. Where: Pa = Initial or final partial pressure of noncondensible gas in the vessel headspace, kPa. 101.325 = Constant, kPa. (P i T 1 2 n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated. (D) The weighted average molecular weight of TOC or organic HAP in the displaced gas, MW WAVG Where: c = TOC or organic HAP component n = Number of TOC or organic HAP components in stream. (ii) If the vessel contents are heated to a temperature greater than 50 K below the boiling point, then emissions from the heating of a vessel shall be calculated as the sum of the emissions calculated in accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this section. (A) For the interval from the initial temperature to the temperature 50 K below the boiling point, emissions shall be calculated using Equation 4, where T 2 (B) For the interval from the temperature 50 K below the boiling point to the final temperature, emissions shall be calculated as the summation of emissions for each 5 K increment, where the emissions for each increment shall be calculated using Equation 4. ( 1 ( 2 ( 3 (iii) If the vessel is operating with a condenser, and the vessel contents are heated to the boiling point, the primary condenser is considered part of the process, as described in § 63.488(a)(2). Emissions shall be calculated as the sum of Equation 4, which calculates emissions due to heating the vessel contents to the temperature of the gas exiting the condenser, and Equation 3, which calculates emissions due to the displacement of the remaining saturated noncondensible gas in the vessel. The final temperature in Equation 4 shall be set equal to the exit gas temperature of the condenser. Equation 3 shall be used as written below in Equation 3a, using free space volume, and T 2 Where: E episode y i V fs 3 P T MW WAVG R = Ideal gas constant, 8.314 m 3 T = Temperature of condenser exit stream K. (5) The owner or operator may estimate annual emissions for a batch emission episode by direct measurement. If direct measurement is used, the owner or operator shall either perform a test for the duration of a representative batch emission episode or perform a test during only those periods of the batch emission episode for which the emission rate for the entire episode can be determined or for which the emissions are greater than the average emission rate of the batch emission episode. The owner or operator choosing either of these options shall develop an emission profile for the entire batch emission episode, based on either process knowledge or test data collected, to demonstrate that test periods are representative. Examples of information that could constitute process knowledge include calculations based on material balances and process stoichiometry. Previous test results may be used provided the results are still relevant to the current batch front-end process vent conditions. Performance tests shall follow the procedures specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this section shall be used to calculate the emissions per batch emission episode. (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube. No traverse is necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas stream volumetric flow rate. (ii) Annual average batch vent flow rate shall be determined as specified in paragraph (e) of this section. (iii) Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively, must be used to determine the concentration of TOC or organic HAP, as appropriate. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A must conform with the requirements in paragraphs (b)(5)(iii)(A) and (B) of this section. (A) The organic HAP used as the calibration gas for Method 25A of appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of the emissions. (iv) If an integrated sample is taken over the entire batch emission episode to determine average batch vent concentration of TOC or total organic HAP, emissions shall be calculated using Equation 8. Where: E pisode K = Constant, 2.494 × 10 −6 −1 C j M j AFR = Average batch vent flow rate of gas stream, dry basis, scmm. T h n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (v) If grab samples are taken to determine the average batch vent concentration of TOC or total organic HAP, emissions shall be calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section. (A) For each measurement point, the emission rate shall be calculated using Equation 9. Where: E point K = Constant, 2.494 × 10 −6 −1 C j M j FR = Flow rate of gas stream for the measurement point, dry basis, scmm. n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (B) The emissions per batch emission episode shall be calculated using Equation 10. where: E episode DUR = Duration of the batch emission episode, hr/episode. E i n = Number of measurements. (6) Engineering assessment may be used to estimate emissions from a batch emission episode, if the criteria in paragraph (b)(6)(i) are met. Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i) of this section have been met shall be reported as specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii) of this section defines engineering assessment, for the purposes of estimating emissions from a batch emissions episode. All data, assumptions, and procedures used in an engineering assessment shall be documented. (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C) are met for a specific batch emission episode, the owner or operator may use engineering assessment, as described in paragraph (b)(6)(ii) of this section, to estimate emissions from that batch emission episode, and the owner or operator is not required to use the emissions estimation equations described in paragraphs (b)(1) through (b)(4) of this section to estimate emissions from that batch emission episode. (A) Previous test data, where the measurement of organic HAP or TOC emissions was an outcome of the test, show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (b)(1) through (b)(4) of this section. Paragraphs (b)(6)(i)(A)( 1 2 ( 1 ( 2 (B) Previous test data obtained during the production of the product for which the demonstration is being made, for the batch emission episode with the highest organic HAP emissions on a mass basis, show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (b)(1) through (b)(4) of this section. If the criteria in this paragraph (b)(6)(i)(B) are met, then engineering assessment may be used for all batch emission episodes associated with that batch cycle for that batch unit operation. (C) The owner or operator has requested approval to use engineering assessment to estimate emissions from a batch emissions episode. The request to use engineering assessment to estimate emissions from a batch emissions episode shall contain sufficient information and data to demonstrate to the Administrator that engineering assessment is an accurate means of estimating emissions for that particular batch emissions episode. The request to use engineering assessment to estimate emissions for a batch emissions episode shall be submitted in the Precompliance Report required under § 63.506(e)(3). (ii) Engineering assessment includes, but is not limited to, the following: (A) Previous test results, provided the test was representative of current operating practices. (B) Bench-scale or pilot-scale test data obtained under conditions representative of current process operating conditions. (C) Flow rate, TOC emission rate, or organic HAP emission rate specified or implied within a permit limit applicable to the batch front-end process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 ( 4 (iii) Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i) of this section have been met shall be reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of this section. (A) Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met shall be reported in the Notification of Compliance Status, as required in § 63.492(a)(6). (B) The request for approval to use engineering assessment to estimate emissions from a batch emissions episode as allowed under paragraph (b)(6)(i)(C) of this section, and sufficient data or other information for demonstrating to the Administrator that engineering assessment is an accurate means of estimating emissions for that particular batch emissions episode shall be submitted with the Precompliance Report, as required in § 63.506(e)(3). (7) For each batch front-end process vent, the TOC or organic HAP emissions associated with a single batch cycle shall be calculated using Equation 11. where: E cycle E episodei n = Number of batch emission episodes for the batch cycle. (8) Annual TOC or organic HAP emissions from a batch front-end process vent shall be calculated using Equation 12. where: AE = Annual emissions from a batch front-end process vent, kg/yr. N i E cyclei n = Number of different types of batch cycles that cause the emission of TOC or organic HAP from the batch front-end process vent. (9) Individual HAP partial pressures in multicomponent systems shall be determined using the appropriate method specified in paragraphs (b)(9)(i) through (b)(9)(iii) of this section. (i) If the components are miscible, use Raoult's law to calculate the partial pressures; (ii) If the solution is a dilute aqueous mixture, use Henry's law constants to calculate partial pressures; (iii) If Raoult's law or Henry's law are not appropriate or available, the owner or operator may use any of the options in paragraphs (b)(9)(iii)(A), (B), or (C) of this section. (A) Experimentally obtained activity coefficients, Henry's law constants, or solubility data; (B) Models, such as group-contribution models, to predict activity coefficients; or (C) Assume the components of the system behave independently and use the summation of all vapor pressures from the HAP as the total HAP partial pressure. (c) [Reserved] (d) Minimum emission level exemption. (2) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (d)(1) of this section no longer applies and instead the collection of all batch front-end process vents with combined total annual emissions of TOC or organic HAP less than 4,536 kg/yr (10,000 lb/yr) are considered Group 2 batch front-end process vents. Annual emissions of TOC or organic HAP are determined at the exit of each batch unit operation, as described in paragraph (a)(2) of this section, and are determined as specified in paragraph (b) of this section. (e) Determination of average batch vent flow rate and annual average batch vent flow rate. (1) Determination of the average batch vent flow rate for a batch emission episode by direct measurement shall be made using the procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this section. (i) The vent stream volumetric flow rate (FR i (ii) The volumetric flow rate of a representative batch emission episode shall be measured every 15 minutes. (iii) The average batch vent flow rate for a batch emission episode shall be calculated using Equation 13. Where: AFR episode FR i n = Number of flow rate measurements taken during the batch emission episode. (2) The average batch vent flow rate for a batch emission episode may be determined by engineering assessment, as defined in paragraph (b)(6)(i) of this section. All data, assumptions, and procedures used shall be documented. (3) The annual average batch vent flow rate for a batch front-end process vent shall be calculated using Equation 14. Where: AFR = Annual average batch vent flow rate for the batch front-end process vent, scmm. DUR i AFR episode,i n = Number of types of batch emission episodes venting from the batch front-end process vent. (4) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (e) of this section no longer applies. (f) Determination of cutoff flow rate. Equation 15 to Paragraph (f) CFR=(0.00437)(AE)−51.6 [Eq. 15] Where: CFR = Cutoff flow rate, scmm. AE = Annual TOC or organic HAP emissions, as determined in paragraph (b)(8) of this section, kg/yr. (2) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (f) of this section no longer applies. (g) Group 1/Group 2 status determination. (1) If the cutoff flow rate is greater than or equal to the annual average batch vent flow rate of the stream, the batch front-end process vent is classified as a Group 1 batch front-end process vent. (2) If the cutoff flow rate is less than the annual average batch vent flow rate of the stream, the batch front-end process vent is classified as a Group 2 batch front-end process vent. (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (g) of this section no longer applies. (h) Determination of halogenation status. (1) The concentration of each organic compound containing halogen atoms (ppmv, by compound) for each batch emission episode shall be determined after the last recovery device (if any recovery devices are present), based on any one of the following procedures: (i) Process knowledge that no halogens or hydrogen halides are present in the process may be used to demonstrate that a batch emission episode is nonhalogenated. Halogens or hydrogen halides that are unintentionally introduced into the process shall not be considered in making a finding that a batch emission episode is nonhalogenated. (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of this section. (iii) Average concentration of organic compounds containing halogens and hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, appendix A. (iv) Any other method or data that has been validated according to the applicable procedures in Method 301, 40 CFR part 63, appendix A. (2) The annual mass emissions of halogen atoms for a batch front-end process vent shall be calculated using Equation 16. Where: E halogen K = Constant, 0.022 (ppmv) −1 AFR = Annual average batch vent flow rate of the batch front-end process vent, determined according to paragraph (e) of this section, scmm. M j,i L j,i n = Number of halogenated compounds j in the batch front-end process vent. m = Number of different halogens i in each compound j of the batch front-end process vent. C avgj where: Where: DUR i C i n = Number of types of batch emission episodes venting from the batch front-end process vent. (3) The annual mass emissions of halogen atoms for an aggregate batch vent stream shall be the sum of the annual mass emissions of halogen atoms for all batch front-end process vents included in the aggregate batch vent stream. (i) Process changes affecting Group 2 batch front-end process vents. (1) Examples of process changes include the changes listed in paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section. (i) For all batch front-end process vents, examples of process changes include, but are not limited to, changes in feedstock type or catalyst type; or whenever there is replacement, removal, or modification of recovery equipment considered part of the batch unit operation as specified in paragraph (a)(2) of this section; or increases in production capacity or production rate. For purposes of this paragraph, process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the margin of variation on which the original group determination was based. (ii) For Group 2 batch front-end process vents where the group determination and batch mass input limitation are based on the expected mix of products, the situations described in paragraphs (i)(1)(ii)(A) and (B) of this section shall be considered to be process changes. (A) The production of combinations of products not considered in establishing the batch mass input limitation. (B) The production of a recipe of a product with a total mass of HAP charged to the reactor during the production of a single batch of product that is higher than the total mass of HAP for the recipe used as the single highest-HAP recipe for that product in the batch mass input limitation determination. (iii) For Group 2 batch front-end process vents where the group determination and batch mass input limitation are based on the single highest-HAP recipe (considering all products produced or processed in the batch unit operation), the production of a recipe having a total mass of HAP charged to the reactor (during the production of a single batch of product) that is higher than the total mass of HAP for the highest-HAP recipe used in the batch mass input limitation determination shall be considered to be a process change. (2) For each batch front-end process vent affected by a process change, the owner or operator shall redetermine the group status by repeating the procedures specified in paragraphs (b) through (g) of this section, as applicable. Alternatively, engineering assessment, as described in paragraph (b)(6)(i) of this section, may be used to determine the effects of the process change. (3) Based on the results of paragraph (i)(2) of this section, owners or operators of affected sources shall comply with either paragraph (i)(3)(i), (ii), or (iii) of this section. (i) If the group redetermination described in paragraph (i)(2) of this section indicates that a Group 2 batch front-end process vent has become a Group 1 batch front-end process vent as a result of the process change, the owner or operator of the affected source shall submit a report as specified in § 63.492(b) and shall comply with the Group 1 provisions in §§ 63.487 through 63.492 in accordance with § 63.480(i)(2)(ii) or (i)(2)(iii), as applicable. (ii) If the redetermination described in paragraph (i)(2) of this section indicates that a Group 2 batch front-end process vent with annual emissions less than the applicable level specified in paragraph (d) of this section, and that is in compliance with § 63.487(g), now has annual emissions greater than or equal to the applicable level specified by paragraph (d) of this section but remains a Group 2 batch front-end process vent, the owner or operator of the affected source shall comply with the provisions in paragraphs (i)(3)(ii)(A) through (C) of this section. (A) Redetermine the batch mass input limitation; (B) Submit a report as specified in § 63.492(c); and (C) Comply with § 63.487(f), beginning with the year following the submittal of the report submitted according to paragraph (i)(3)(ii)(B) of this section. (iii) If the group redetermination described in paragraph (i)(2) of this section indicates no change in group status or no change in the relation of annual emissions to the levels specified in paragraph (d) of this section, the owner or operator of the affected source shall comply with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this section. (A) The owner or operator shall redetermine the batch mass input limitation; and (B) The owner or operator shall submit the new batch mass input limitation in accordance with § 63.492(c). [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 FR 38054, June 19, 2000; 89 FR 43247, May 16, 2024] § 63.489 Batch front-end process vents—monitoring equipment. (a) General requirements. (1) This monitoring equipment shall be in operation at all times when batch emission episodes, or portions thereof, that the owner or operator has selected to control are vented to the control device, or at all times when an aggregate batch vent stream is vented to the control device. (2) Except as otherwise provided in this subpart, the owner or operator shall operate control devices such that the daily average of monitored parameters, established as specified in paragraph (e) of this section, remains above the minimum level or below the maximum level, as appropriate. (b) Batch front-end process vent and aggregate batch vent stream monitoring equipment. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, the temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used, except as specified in paragraph (b)(9) of this section, a device (including, but not limited to, a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame is required. (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all batch front-end process vents or aggregate batch vent streams are introduced with the primary fuel or are used as the primary fuel is exempt from this requirement. (4) Where a scrubber is used with an incinerator, boiler, or process heater in concert with the combustion of halogenated batch front-end process vents or halogenated aggregate batch vent streams, the following monitoring equipment is required for the scrubber: (i) A pH monitoring device equipped with a continuous recorder to monitor the pH of the scrubber effluent; and (ii) A flow measurement device equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the procedures specified in paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop. (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method which will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method which will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 63.506(a). (5) Where an absorber is used, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device are required, each equipped with a continuous recorder. (6) Where a condenser is used, a condenser exit temperature (product side) monitoring device equipped with a continuous recorder is required. (7) Except as specified in paragraph (b)(10) of this section, where a carbon adsorber is used, an integrating regeneration steam flow, nitrogen flow, or pressure monitoring device having an accuracy of ±10 percent of the flow rate, level, or pressure, or better, capable of recording the total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle are required. (8) As an alternate to paragraphs (b)(5) through (b)(7) of this section, the owner or operator may install an organic monitoring device equipped with a continuous recorder. (9) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (b)(2) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (10) Beginning no later than the compliance dates specified in § 63.481(n), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (b)(10)(i) through (b)(10)(iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (b)(10)(iii)(B) of this section. The owner or operator must measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of 40 CFR part 60, appendix A-7 using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of 40 CFR part 60, appendix A-7 using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (b)(10)(iii)(A) of this section, and comply with the monitoring frequency according to paragraph (b)(10)(iii)(B) of this section. (A) The first adsorber in series must be replaced immediately when breakthrough, as defined in § 63.482, is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph, “immediately” means within 8 hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. The owner or operator must monitor at the outlet of the first adsorber within 3 days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (b)(10)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than 2 months of life remaining, at least weekly if the adsorbent has between 2 months and 2 weeks of life remaining, and at least daily if the adsorbent has 2 weeks or less of life remaining. (11) Where sorbent injection is used, the following monitoring equipment is required for the sorbent injection system: (i) A sorbent injection rate monitoring device ( e.g., (ii) A flow measurement device equipped with a continuous recorder to monitor the carrier gas flow rate. (c) Alternative monitoring parameters. (1) Uses a control device other than those included in paragraph (b) of this section; or (2) Uses one of the control devices included in paragraph (b) of this section, but seeks to monitor a parameter other than those specified in Table 6 of this subpart and paragraph (b) of this section. (d) Monitoring of bypass lines. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.491(e)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert emissions away from the control device and to the atmosphere; or (2) Secure the bypass line damper or valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the damper or valve is maintained in the non-diverting position and emissions are not diverted through the bypass line. Records shall be generated as specified in § 63.491(e)(4). (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission standards in § 63.487) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) The last sentence in paragraph (d) of this section no longer applies. Instead, the exemptions specified in paragraph (d)(3)(ii)(A) and (d)(3)(ii)(B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4) of subpart H of this part, equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (d). (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (d) of this section. (e) Establishment of parameter monitoring levels. (1) For each parameter monitored under paragraph (b) or (c) of this section, the owner or operator shall establish a level, defined as either a maximum or minimum operating parameter as denoted in Table 7 of this subpart, that indicates proper operation of the control device. The level shall be established in accordance with the procedures specified in § 63.505. The level may be based upon a prior performance test conducted for determining compliance with a regulation promulgated by the EPA, and the owner or operator is not required to conduct a performance test under § 63.490, provided that the prior performance test meets the conditions of § 63.490(b)(3). (i) For batch front-end process vents using a control device to comply with § 63.487(a)(2), the established level shall reflect the control efficiency established as part of the most recent compliance demonstration specified in § 63.490(c)(2). (ii) For aggregate batch vent streams using a control device to comply with § 63.487(b)(2), the established level shall reflect the emission reduction requirement of either 90 percent or 20 ppmv specified in § 63.487(b)(2). (iii) For batch front-end process vents using a control device to comply with § 63.487(a)(3) and aggregate batch vent streams using a control device to comply with § 63.487 (b)(3), the established level shall reflect the level of control established as part of the most recent compliance demonstration specified in § 63.490(g). (2) The established level, along with supporting documentation, shall be submitted in the Notification of Compliance Status or the operating permit application as required in § 63.506(e)(5) or § 63.506(e)(8), respectively. (3) The operating day shall be defined as part of establishing the parameter monitoring level and shall be submitted with the information in paragraph (e)(2) of this section. The definition of operating day shall specify the time(s) at which an operating day begins and ends. The operating day shall not exceed 24 hours. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38059, June 19, 2000; 66 FR 36928, July 16, 2001; 76 FR 22589, Apr. 21, 2011; 89 FR 43247, May 16, 2024] § 63.490 Batch front-end process vents—performance test methods and procedures to determine compliance. (a) Use of a flare. (2) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (a)(1) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (b) Exceptions to performance tests. (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (2) A boiler or process heater where the vent stream is introduced with the primary fuel or is used as the primary fuel. (3) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same Methods specified in this section and either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (4) A boiler or process heater burning hazardous waste for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (5) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (c) Batch front-end process vent testing and procedures for compliance with § 63.487(a)(2). (1) Performance tests shall be conducted as specified in paragraphs (c)(1)(i) through (c)(1)(v) of this section. (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a test shall be performed for the entire period of each batch emission episode in the batch cycle that the owner or operator selects to control as part of achieving the required 90 percent emission reduction for the batch cycle specified in § 63.487(a)(2). Only one test is required for each batch emission episode selected by the owner or operator for control. The owner or operator shall follow the procedures listed in paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section. (A) Alternatively, an owner or operator may choose to test only those periods of the batch emission episode during which the emission rate for the entire episode can be determined or during which the emissions are greater than the average emission rate of the batch emission episode. The owner or operator choosing either of these options shall develop an emission profile for the entire batch emission episode, based on either process knowledge or test data collected, to demonstrate that test periods are representative. Examples of information that could constitute process knowledge include calculations based on material balances and process stoichiometry. Previous test results may be used, provided the results are still relevant to the current batch front-end process vent conditions. (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube, except that references to particulate matter in Method 1A do not apply for the purposes of this subpart. No traverse is necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas stream volumetric flow rate. Inlet sampling sites shall be located as specified in paragraphs (c)(1)(i)(B)( 1 2 ( 1 ( 2 (C) Gas stream volumetric flow rate and/or average batch vent flow rate shall be determined as specified in § 63.488(e). (D) Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively must be used to determine the concentration of organic HAP or TOC, as appropriate. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A to this part may be used. The use of Method 25A must conform with the requirements in paragraphs (c)(1)(i)(D)(1) and (2) of this section. ( 1 ( 2 (ii) If an integrated sample is taken over the entire batch emission episode to determine the average batch vent concentration of TOC or total organic HAP, emissions per batch emission episode shall be calculated using Equations 18 and 19. Where: E episode K = Constant, 2.494 × 10 −6 −1 C j M j AFR = Average inlet or outlet flow rate of gas stream for the batch emission episode, dry basis, scmm. T h n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (iii) If grab samples are taken to determine the average batch vent concentration of TOC or total organic HAP, emissions shall be calculated according to paragraphs (c)(1)(iii)(A) and (c)(1)(iii)(B) of this section. (A) For each measurement point, the emission rates shall be calculated using Equations 20 and 21. Where: E point K = Constant, 2.494 × 10 −6 −1 C j M j FR = Inlet or outlet flow rate of gas stream for the measurement point, dry basis, scmm. n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (B) The emissions per batch emission episode shall be calculated using Equations 22 and 23. where: E episode DUR = Duration of the batch emission episode, hr/episode. E point,i n = Number of measurements. (iv) The control efficiency for the control device shall be calculated using Equation 24. Where: R = Control efficiency of control device, percent. E inlet i E outlet i n = Number of batch emission episodes in the batch cycle selected to be controlled. (v) If the batch front-end process vent entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total organic HAP or TOC across the device shall be determined by comparing the TOC or total organic HAP in all combusted batch front-end process vents and primary and secondary fuels with the TOC or total organic HAP, respectively, exiting the combustion device. (2) The percent reduction for the batch cycle shall be determined using Equation 25 and the control device efficiencies specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All information used to calculate the batch cycle percent reduction, including a definition of the batch cycle identifying all batch emission episodes, shall be recorded as specified in § 63.491(b)(2). This information shall include identification of those batch emission episodes, or portions thereof, selected for control. Where: E unc E inlet con R = Control efficiency of control device as specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. n = Number of uncontrolled batch emission episodes, controlled batch emission episodes, and control devices. The value of n is not necessarily the same for these three items. (i) If a performance test is required by paragraph (c) of this section, the control efficiency of the control device shall be as determined in paragraph (c)(1)(iv) of this section. (ii) If a performance test is not required by paragraph (c) of this section for a combustion control device, as specified in paragraph (b) of this section, the control efficiency of the control device shall be 98 percent. The control efficiency for a flare shall be 98 percent. (iii) If a performance test is not required by paragraph (c) of this section for a noncombustion control device, the control efficiency shall be determined by the owner or operator based on engineering assessment. (d) Batch process vent and aggregate batch vent stream testing for compliance with § 63.487(c) [halogenated emission streams]. (1) Sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions in complying with § 63.487(c)(1) or at the outlet of the halogen reduction device used to reduce halogen emissions in complying with § 63.487(c)(2). (2) The mass emissions of each hydrogen halide and halogen compound for the batch cycle or aggregate batch vent stream shall be calculated from the measured concentrations and the gas stream flow rate(s) determined by the procedures specified in paragraphs (d)(2)(i) and (d)(2)(ii) of this section, except as specified in paragraph (d)(5) of this section. (i) Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration, in Mg per dry scm, of total hydrogen halides and halogens present in the emissions stream. (ii) Gas stream volumetric flow rate and/or average batch vent flow rate shall be determined as specified in § 63.488(e). (3) To determine compliance with the percent reduction specified in § 63.487(c)(1), the mass emissions for any hydrogen halides and halogens present at the inlet of the scrubber or other halogen reduction device shall be summed together. The mass emissions of any hydrogen halides or halogens present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by subtracting the outlet mass emissions from the inlet mass emissions and then dividing the result by the inlet mass emissions and multiplying by 100. (4) To determine compliance with the emission limit specified in § 63.487(c)(2), the annual mass emissions for any hydrogen halides and halogens present at the outlet of the halogen reduction device and prior to any combustion device shall be summed together and compared to the emission limit specified in § 63.487(c)(2). (5) The owner or operator may use any other method to demonstrate compliance if the method or data has been validated according to the applicable procedures of Method 301, 40 CFR part 63, appendix A. (e) Aggregate batch vent stream testing for compliance with § 63.487(b)(2). (1) For the purposes of this subpart, when the provisions of § 63.116(c) specify that Method 18 of appendix A-6 to 40 CFR part 60 must be used, Method 18 or Method 25A of appendix A-7 to 40 CFR part 60 may be used. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A of appendix A-7 to 40 CFR part 60 must conform with the requirements in paragraphs (e)(1)(i) and (ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A of appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A of appendix A-7 to 40 CFR part 60 is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (2) When § 63.116(c)(4) refers to complying with an emission reduction of 98 percent, for the purposes of this subpart, the 90 percent reduction requirement specified in § 63.487(b)(2) shall apply. (3) When a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.487(b)(2), the correction to 3 percent oxygen specified in the performance testing procedures of § 63.116(c)(3) and (c)(3)(iii) is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. (f) Batch mass input limitation. (1) If the expected mix of products serves as the basis for the batch mass input limitation, the batch mass input limitation shall be determined based on any foreseeable combination of products that the owner or operator expects to manufacture. (2) If the single highest-HAP recipe serves as the basis for the batch mass input limitation, the batch mass input limitation shall be determined based solely on the production of the single highest-HAP recipe, considering all products produced or processed in the batch unit operation. (g) Testing for compliance with § 63.487(a)(3) and (b)(3) [dioxins and furans]. (1) The performance test must consist of three test runs. Collect at least 3 dry standard cubic meters of gas per test run. (2) Use Method 1 or 1A of appendix A-1 to 40 CFR part 60 to select the sampling sites at the sampling location. The sampling location must be at the outlet of the final control device. (3) Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of appendix A-2 to 40 CFR part 60. (4) Use Method 4 of appendix A-3 to 40 CFR part 60 to convert the volumetric flowrate to a dry basis. (5) Measure the concentration of each tetra- through octa-chlorinated dioxin and furan congener emitted using Method 23 of appendix A-7 to 40 CFR part 60. (i) For each dioxin and furan congener, multiply the congener concentration by its corresponding toxic equivalency factor specified in table 10 to this subpart. For determination of toxic equivalency, zero may be used for congeners with a concentration less than the estimated detection limit (EDL). For congeners with estimated maximum pollutant concentration (EMPC) results, if the value is less than the EDL, zero may be used. Otherwise, the EMPC value must be used in the calculation of toxic equivalency. (ii) Sum the products calculated in accordance with paragraph (g)(5)(i) of this section to obtain the total concentration of dioxins and furans emitted in terms of toxic equivalency. (6) The concentration of dioxins and furans shall be corrected to 3 percent oxygen. Use Method 3A of appendix A-2 to 40 CFR part 60 or the manual method in ANSI/ASME PTC 19.10-1981 (incorporated by reference, see § 63.14) to determine the oxygen concentration (%O2d). The oxygen concentration must be determined concurrently with Method 23 of appendix A-7 to 40 CFR part 60. The concentration corrected to 3 percent oxygen (Cc) shall be computed using the following equation: Where: C c C m %O 2 (7) An owner or operator is not required to conduct a performance test when either a boiler or process heater burning hazardous waste, or hazardous waste incinerator, is used for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H; (iii) Meets the requirement specified in paragraph (g)(7)(v) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (iv) Meets the requirement specified in paragraph (g)(7)(v) of this section, complies with subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (v) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4) and each performance test required by § 63.1207(d) must show compliance with the dioxins and furans emission limit specified in § 63.487(a)(3) and (b)(3), as applicable. [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 FR 38060, June 19, 2000; 89 FR 43248, May 16, 2024] § 63.491 Batch front-end process vents—recordkeeping requirements. (a) Group determination records for batch front-end process vents. (1) An identification of each unique product that has emissions from one or more batch emission episodes venting from the batch front-end process vent, along with an identification of the single highest-HAP recipe for each product and the mass of HAP fed to the reactor for that recipe. (2) A description of, and an emission estimate for, each batch emission episode, and the total emissions associated with one batch cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this section, as appropriate. (i) If the group determination is based on the expected mix of products, records shall include the emission estimates for the single highest-HAP recipe of each unique product identified in paragraph (a)(1) of this section that was considered in making the group determination under § 63.488. (ii) If the group determination is based on the single highest-HAP recipe (considering all products produced or processed in the batch unit operation), records shall include the emission estimates for the single highest-HAP recipe. (3) Total annual uncontrolled TOC or organic HAP emissions, determined at the exit from the batch unit operation before any emission control, as determined in accordance with § 63.488(b). (i) For Group 2 batch front-end process vents, emissions shall be determined at the batch mass input limitation. (ii) For Group 1 batch front-end process vents, emissions shall be those used to determine the group status of the batch front-end process vent. (4) The annual average batch vent flow rate for the batch front-end process vent as determined in accordance with § 63.488(e). (5) The cutoff flow rate, determined in accordance with § 63.488(f). (6) The results of the batch front-end process vent group determination, conducted in accordance with § 63.488(g). (7) If a batch front-end process vent is subject to § 63.487(a) or § 63.487(b), none of the records in paragraphs (a)(1) through (a)(6) of this section are required. (8) If the total annual emissions from the batch front-end process vent during the group determination are less than the appropriate level specified in § 63.488(d), only the records in paragraphs (a)(1) through (a)(3) of this section are required. (9) For each Group 2 batch front-end process vent that is exempt from the batch mass input limitation provisions because it meets the criteria of § 63.487(h), the records specified in paragraphs (a)(9)(i) and (ii) shall be maintained. (i) Documentation of the maximum design capacity of the EPPU; and (ii) The mass of HAP or material that can be charged annually to the batch unit operation at the maximum design capacity. (b) Compliance demonstration records. (1) The annual mass emissions of halogen atoms in the batch front-end process vent or aggregate batch vent stream determined according to the procedures specified in § 63.488(h). (2) If the owner or operator of a batch front-end process vent has chosen to comply with § 63.487(a)(2), records documenting the batch cycle percent reduction as specified in § 63.490(c)(2). (3) Except as specified in paragraph (b)(3)(iv) of this section, when using a flare to comply with § 63.487(a)(1): (i) The flare design (i.e., steam-assisted, air-assisted, or non-assisted); (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.504(c); and (iii) Periods when all pilot flames were absent. (iv) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraphs (b)(3)(i) through (b)(3)(iii) of this section no longer apply and instead the owner or operator of the affected source must keep the records specified in § 63.108(m) of subpart F of this part and § 63.508, readily accessible when using a flare to comply with § 63.487(a)(1). (4) The following information when using a control device to meet the percent reduction requirement specified in § 63.487 (a)(2) or (b)(2): (i) For an incinerator or non-combustion control device, the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in § 63.490(c) for batch front-end process vents and § 63.490(e) for aggregate batch vent streams; (ii) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater; (iii) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the process vent stream is introduced with combustion air or is used as a secondary fuel and is not mixed with the primary fuel, the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in § 63.490(c) for batch front-end process vents and § 63.490(e) for aggregate batch vent streams; and (iv) For a scrubber or other halogen reduction device following a combustion device to control halogenated batch front-end process vents or halogenated aggregate batch vent streams, the percent reduction of total hydrogen halides and halogens, as determined under § 63.490(d)(3) or the emission limit determined under § 63.490(d)(4). (5) When complying with the 20 parts per million by volume outlet concentration standard specified in § 63.487(b)(2), records of the outlet concentration of organic HAP or TOC on a dry basis. If supplemental combustion air is used to combust the emissions, the outlet concentration shall be corrected to 3 percent oxygen. If supplemental combustion air is not used, a correction to 3 percent oxygen is not required. (6) Records of the dioxins and furans concentration, as determined in § 63.490(g). (c) Establishment of parameter monitoring level records. (d) Group 2 batch front-end process vent continuous compliance records. (1) The owner or operator of a Group 2 batch front-end process vent required to comply with § 63.487(g) shall keep the following records readily accessible: (i) Except as specified in paragraph (d)(1)(iii) of this section, records designating the established batch mass input limitation required by § 63.487(g)(1) and specified in § 63.490(f). (ii) Records specifying the mass of HAP or material charged to the batch unit operation. (iii) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (d)(1)(i) of this section no longer applies. (2) The owner or operator of a Group 2 batch front-end process vent complying with § 63.487(f) shall keep the following records readily accessible: (i) Records designating the established batch mass input limitation required by § 63.487(f)(1) and specified in § 63.490(f). (ii) Records specifying the mass of HAP or material charged to the batch unit operation. (e) Controlled batch front-end process vent continuous compliance records. (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.489(b) as applicable, and listed in Table 6 of this subpart, or specified by the Administrator in accordance with § 63.492(e) as allowed under § 63.489(c). These records shall be kept as specified under § 63.506(d), except as specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section. (i) For flares, the records specified in Table 6 of this subpart shall be maintained in place of continuous records. (ii) For carbon adsorbers, the records specified in Table 6 of this subpart shall be maintained in place of batch cycle daily averages. (2) Records of the batch cycle daily average value of each continuously monitored parameter, except as provided in paragraphs (e)(2)(iii) of this section, as calculated using the procedures specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section. (i) The batch cycle daily average shall be calculated as the average of all parameter values measured for an operating day during those batch emission episodes, or portions thereof, in the batch cycle that the owner or operator has selected to control. (ii) Monitoring data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments shall not be included in computing the batch cycle daily averages. In addition, monitoring data recorded during periods of non-operation of the EPPU (or specific portion thereof) resulting in cessation of organic HAP emissions shall not be included in computing the batch cycle daily averages. (iii) If all recorded values for a monitored parameter during an operating day are above the minimum or below the maximum level established in accordance with § 63.489(e), the owner or operator may record that all values were above the minimum or below the maximum level established, rather than calculating and recording a batch cycle daily average for that operating day. (3) Except as specified in paragraph (e)(6) of this section, hourly records of whether the flow indicator for bypass lines specified under § 63.489(d)(1) was operating and whether a diversion was detected at any time during the hour. Also, records of the times of all periods when the vent is diverted from the control device, or the flow indicator specified in § 63.489(d)(1) is not operating. (4) Except as specified in paragraph (e)(6) of this section, where a seal or closure mechanism is used to comply with § 63.489(d)(2), hourly records of whether a diversion was detected at any time are not required. (i) For compliance with § 63.489(d)(2), the owner or operator shall record whether the monthly visual inspection of the seals or closure mechanism has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has been broken. (ii) [Reserved] (5) Records specifying the times and duration of periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high level adjustments. In addition, records specifying any other periods of process or control device operation when monitors are not operating. (6) For each flow event from a bypass line subject to the requirements in § 63.489(d) for each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), the owner or operator must also maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (f) Aggregate batch vent stream continuous compliance records. (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.489(b) and listed in Table 6 of this subpart, as applicable, or specified by the Administrator in accordance with § 63.492(e), as allowed under § 63.489(c), with the exceptions listed in paragraphs (f)(1)(i) and (f)(1)(ii) of this section. (i) For flares, the records specified in Table 6 of this subpart shall be maintained in place of continuous records. (ii) For carbon adsorbers, the records specified in Table 6 of this subpart shall be maintained in place of daily averages. (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.506(d). (3) For demonstrating compliance with the monitoring of bypass lines as specified in § 63.489(d), records as specified in paragraph (e)(3) or (4) of this section, and (e)(6) of this section as appropriate. (g) Documentation supporting the establishment of the batch mass input limitation shall include the information specified in paragraphs (g)(1) through (g)(5) of this section, as appropriate. (1) Identification of whether the purpose of the batch mass input limitation is to comply with § 63.487(f)(1) or (g)(1). (2) Identification of whether the batch mass input limitation is based on the single highest-HAP recipe (considering all products) or on the expected mix of products for the batch front-end process vent as allowed under § 63.488(a)(1). (3) Definition of the operating year, for the purposes of determining compliance with the batch mass input limitation. (4) If the batch mass input limitation is based on the expected mix of products, the owner or operator shall provide documentation that describes as many scenarios for differing mixes of products (i.e., how many of each type of product) as the owner or operator desires the flexibility to accomplish. Alternatively, the owner or operator shall provide a description of the relationship among the mix of products that will allow a determination of compliance with the batch mass input limitation under any number of scenarios. (5) The mass of HAP or material allowed to be charged to the batch unit operation per year under the batch mass input limitation. (h) Maintenance vent compliance records for batch front-end process vents. (1) Owners and operators must maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (2) If complying with the requirements of § 63.487(i)(1)(i), and the concentration of the vapor at the time of the vessel opening exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the concentration of the vapor at the time of the vessel opening. (3) If complying with the requirements of § 63.487(i)(1)(ii), and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the concentration of the vapor at the time of the active purging was initiated exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the concentration of the vapors in the equipment when active purging was initiated. (4) If complying with the requirements of § 63.487(i)(1)(iii), records of the estimating procedures used to determine the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 50 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening that contains greater than 50 pounds of VOC for which the deinventory procedures specified in paragraph (h)(1) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph (h)(4), records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (5) If complying with the requirements of § 63.487(i)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and concentration of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11542, Mar. 9, 1999; 65 FR 38063, June 19, 2000; 76 FR 22589, Apr. 21, 2011; 89 FR 43249, May 16, 2024] § 63.492 Batch front-end process vents—reporting requirements. (a) The owner or operator of a batch front-end process vent or aggregate batch vent stream at an affected source shall submit the information specified in paragraphs (a)(1) through (a)(6) of this section, as appropriate, as part of the Notification of Compliance Status specified in § 63.506(e)(5). (1) For each batch front-end process vent complying with § 63.487(a) and each aggregate batch vent stream complying with § 63.487(b), the information specified in § 63.491(b) and § 63.491(c), as applicable. (2) For each Group 2 batch front-end process vent with annual emissions less than the level specified in § 63.488(d), the information specified in § 63.491(d)(1)(i). (3) For each Group 2 batch front-end process vent with annual emissions greater than or equal to the level specified in § 63.488(d), the information specified in § 63.491(d)(2)(i). (4) For each batch process vent subject to the group determination procedures, the information specified in § 63.491(a), as appropriate. (5) For each Group 2 batch front-end process vent that is exempt from the batch mass input limitation provisions because it meets the criteria of § 63.487(h), the information specified in § 63.491(a)(1) through (3), and the information specified in § 63.491(a)(4) through (6) as applicable, calculated at the conditions specified in § 63.487(h). (6) When engineering assessment has been used to estimate emissions from a batch emissions episode and the criteria specified in § 63.488(b)(6)(i)(A) or (B) have been met, the owner or operator shall submit the information demonstrating that the criteria specified in § 63.488(b)(6)(i)(A) or (B) have been met as part of the Notification of Compliance Status required by § 63.506(e)(5). (b) Whenever a process change, as defined in § 63.488(i)(1), is made that causes a Group 2 batch front-end process vent to become a Group 1 batch front-end process vent, the owner or operator shall notify the Administrator and submit a description of the process change within 180 days after the process change is made or with the next Periodic Report, whichever is later. The owner or operator of an affected source shall comply with the Group 1 batch front-end process vent provisions in §§ 63.486 through 63.492 in accordance with § 63.480(i)(2)(ii). (c) Whenever a process change, as defined in § 63.488(i)(1), is made that causes a Group 2 batch front-end process vent with annual emissions less than the level specified in § 63.488(d) for which the owner or operator is required to comply with § 63.487(g) to have annual emissions greater than or equal to the level specified in § 63.488(d) but remains a Group 2 batch front-end process vent, or if a process change is made that requires the owner or operator to redetermine the batch mass input limitation as specified in § 63.488(i)(3), the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. The following information shall be submitted: (1) A description of the process change; (2) The batch mass input limitation determined in accordance with § 63.487(f)(1). (d) The owner or operator is not required to submit a report of a process change if one of the conditions specified in paragraphs (d)(1) or (d)(2) of this section is met. (1) The change does not meet the description of a process change in § 63.488(i). (2) The redetermined group status remains Group 2 for an individual batch front-end process vent with annual emissions greater than or equal to the level specified in § 63.488(d) and the batch mass input limitation does not decrease, or a Group 2 batch front-end process vent with annual emissions less than the level specified in § 63.488(d) complying with § 63.487(g) continues to have emissions less than the level specified in § 63.488(d) and the batch mass input limitation does not decrease. (e) If an owner or operator uses a control device other than those specified in § 63.489(b) and listed in Table 6 of this subpart or requests approval to monitor a parameter other than those specified in § 63.489(b) and listed in Table 6 of this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures, as specified in § 63.506(f), as part of the Precompliance Report as required under § 63.506(e)(3). The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the Precompliance Report. (f) Owners or operators of affected sources complying with § 63.489(d), shall comply with paragraph (f)(1) or (2) of this section, as appropriate. (1) Submit reports of the times of all periods recorded under § 63.491(e)(3) when the batch front-end process vent is diverted away from the control device through a bypass line, with the next Periodic Report. Include the start date, start time and duration in hours of each period. (2) Submit reports of all occurrences recorded under § 63.491(e)(4) in which the seal mechanism is broken, the bypass line damper or valve position has changed, or the key to unlock the bypass line damper or valve was checked out, with the next Periodic Report. Include the start date, start time and duration in hours of each period. (g) For any maintenance vent release exceeding the applicable limits in § 63.487(i)(1), the Periodic Report must include the information specified in paragraphs (g)(1) through (4) of this section. For the purposes of this reporting requirement, if an owner or operator complies with § 63.487(i)(1)(iv), then the owner or operator must report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required. (1) Identification of the maintenance vent and the equipment served by the maintenance vent. (2) The date and time the maintenance vent was opened to the atmosphere. (3) The LEL in percent, vessel pressure in psig, or mass in pounds of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in § 63.487(i)(1)(ii) was used and active purging was initiated while the concentration of the vapor was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (4) An estimate of the mass in pounds of organic HAP released during the entire atmospheric venting event. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38065, June 19, 2000; 89 FR 43250, May 16, 2024] § 63.493 Back-end process provisions. Owners and operators of new and existing affected sources shall comply with the requirements in §§ 63.494 through 63.500. Owners and operators of affected sources whose only elastomer products are latex products, liquid rubber products, or products produced in a gas-phased reaction process, are not subject to the provisions of §§ 63.494 through 63.500. If latex or liquid rubber products are produced in an affected source that also produces another elastomer product, the provisions of §§ 63.494 through 63.500 do not apply to the back-end operations dedicated to the production of one or more latex products, or to the back-end operations during the production of a latex product. Table 8 to this subpart contains a summary of compliance alternative requirements for the emission limits in § 63.494(a)(1)-(3) and associated requirements. [76 FR 22589, Apr. 21, 2011] § 63.494 Back-end process provisions—residual organic HAP and emission limitations. (a) The monthly weighted average residual organic HAP content of all grades of styrene butadiene rubber produced by the emulsion process, polybutadiene rubber and styrene butadiene rubber produced by the solution process, and ethylene-propylene rubber produced by the solution process that is processed, shall be measured after the stripping operation (or the reactor(s), if the plant has no stripper(s)), as specified in § 63.495(d), and shall not exceed the limits provided in paragraphs (a)(1) through (3) of this section, as applicable. Owners or operators of these affected sources shall comply with the requirements of paragraphs (a)(1) through (3) of this section using either stripping technology, or control or recovery devices. The organic HAP emissions from all back-end process operations at affected sources producing butyl rubber, epichlorohydrin elastomer, neoprene, and nitrile butadiene rubber shall not exceed the limits determined in accordance with paragraph (a)(4) of this section, as applicable. (1) For styrene butadiene rubber produced by the emulsion process: (i) A monthly weighted average of 0.40 kg styrene per megagram (Mg) latex for existing affected sources; and (ii) A monthly weighted average of 0.23 kg styrene per Mg latex for new sources; (2) For polybutadiene rubber and styrene butadiene rubber produced by the solution process: (i) A monthly weighted average of 10 kg total organic HAP per Mg crumb rubber (dry weight) for existing affected sources; and (ii) A monthly weighted average of 6 kg total organic HAP per Mg crumb rubber (dry weight) for new sources. (3) For ethylene-propylene rubber produced by the solution process: (i) A monthly weighted average of 8 kg total organic HAP per Mg crumb rubber (dry weight) for existing affected sources; and (ii) A monthly weighted average of 5 kg total organic HAP per Mg crumb rubber (dry weight) for new sources. (4) In addition to the requirements specified in paragraph (a)(7) of this section, the organic HAP emissions from back-end processes at affected sources producing butyl rubber, epichlorohydrin elastomer, neoprene, and nitrile butadiene rubber shall not exceed the limits determined in accordance with paragraphs (a)(4)(i) through (iv) of this section for any consecutive 12-month period. The specific limitation for each elastomer type shall be determined based on the calculation or the emissions level provided in paragraphs (a)(4)(i) through (iv) of this section divided by the base year elastomer product that leaves the stripping operation (or the reactor(s), if the plant has no stripper(s)). The limitation shall be calculated and submitted in accordance with § 63.499(f)(1). (i) For butyl rubber, the organic HAP emission limitation shall be calculated using the following equation: Where: Be 2009 BREL = Butyl rubber emission limit, Mg organic HAP emissions/Mg butyl rubber produced Ce 2009 P 2009 UCe 2009 1.35 = variability factor, unitless (ii) For epichlorohydrin elastomer, the organic HAP emission limitation, in units of Mg organic HAP emissions per Mg of epichlorohydrin elastomer produced, shall be calculated by dividing 51 Mg/yr by the mass of epichlorohydrin elastomer produced in 2009, in Mg. (iii) For neoprene, the organic HAP emission limitation, in units of Mg organic HAP emissions per Mg of neoprene produced, shall be calculated by dividing 30 Mg/yr by the mass of neoprene produced in 2007, in Mg. (iv) For nitrile butadiene rubber, the organic HAP emission limitation, in units of Mg organic HAP emissions per Mg of nitrile butadiene rubber produced, shall be calculated by dividing 2.4 Mg/yr by the mass of nitrile butadiene rubber produced in 2009, in Mg. (5) For EPPU that produce both an elastomer product with a residual organic HAP limitation listed in paragraphs (a)(1) through (3) of this section, and a product listed in paragraphs (a)(5)(i) through (iv) of this section, only the residual HAP content of the elastomer product with a residual organic HAP limitation shall be used in determining the monthly average residual organic HAP content. (i) Resins; (ii) Liquid rubber products; (iii) Latexes from which crumb rubber is not coagulated; or (iii) Elastomer products listed in paragraph (a)(4) of this section. (6) There are no back-end process operation residual organic HAP or emission limitations for Hypalon TM (7) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o), if the back-end process vent contains chloroprene such that it is considered to be in chloroprene service, as defined in § 63.482, then the owner or operator must comply with the requirements of paragraphs (a)(7)(i) through (iii) of this section in addition to all other applicable requirements specified in § 63.483 and elsewhere in this section. (i) Reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene by greater than or equal to 98 percent by weight, or to a concentration less than 1 ppmv for each process vent or to less than 5 pounds per year for all combined process vents within the process. If a combustion device is used, the chloroprene concentration of 1 ppmv must be corrected to 3 percent oxygen. (ii) To demonstrate compliance with the emission limits specified in paragraph (a)(7)(i) of this section for back-end process vents in chloroprene service, owners and operators must meet the requirements specified in § 63.510. (iii) An owner or operator may designate a back-end process vent in chloroprene service as a maintenance vent if the vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed, or placed into service; however, owners and operators may not release more than 1.0 tons of chloroprene from all maintenance vents combined ( i.e., (b) If an owner or operator complies with the residual organic HAP limitations in paragraph (a)(1) through (3) of this section using stripping technology, compliance shall be demonstrated in accordance with § 63.495. The owner or operator shall also comply with the recordkeeping provisions in § 63.498, and the reporting provisions in § 63.499. (c) If an owner or operator complies with the residual organic HAP limitations in paragraph (a)(1) through (3) of this section using control or recovery devices, compliance shall be demonstrated using the procedures in § 63.496. The owner or operator shall also comply with the monitoring provisions in § 63.497, the recordkeeping provisions in § 63.498, and the reporting provisions in § 63.499. (d) Except as specified in paragraph (e) of this section, if the owner or operator complies with the residual organic HAP limitations in paragraph (a)(1) through (3) of this section using a flare, the owner or operator of an affected source shall comply with the requirements in § 63.504(c). (e) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (d) of this section no longer applies and instead if the owner or operator complies with the residual organic HAP limitations in paragraph (a)(1) through (3) of this section using a flare, the owner or operator of the affected source must comply with § 63.508 for the flare. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38065, June 19, 2000; 76 FR 22589, Apr. 21, 2011; 89 FR 43251, May 16, 2024] § 63.495 Back-end process provisions—procedures to determine compliance with residual organic HAP limitations using stripping technology and organic HAP emissions limitations. (a) If an owner or operator complies with the residual organic HAP limitations in § 63.494(a)(1) through (3) using stripping technology, compliance shall be demonstrated using the periodic sampling procedures in paragraph (b) of this section, or using the stripper parameter monitoring procedures in paragraph (c) of this section. The owner or operator shall determine the monthly weighted average residual organic HAP content for each month in which any portion of the back-end of an elastomer production process is in operation. A single monthly weighted average shall be determined for all back-end process operations at the affected source. (b) If the owner or operator is demonstrating compliance using periodic sampling, this demonstration shall be in accordance with paragraphs (b)(1) through (b)(5) of this section, (1) The location of the sampling shall be in accordance with paragraph (d) of this section. (2) The frequency of the sampling shall be in accordance with paragraphs (b)(2)(i) or (b)(2)(ii) of this section. (i) If a stripper operated in batch mode is used, at least one representative sample is to be taken from every batch of elastomer produced, at the location specified in paragraph (d) of this section, and identified by elastomer type and by the date and time the batch is completed. (ii) If a stripper operated in continuous mode is used, at least one representative sample is to be taken each operating day. The sample is to be taken at the location specified in paragraph (d) of this section, and identified by elastomer type and by the date and time the sample was taken. (3) The residual organic HAP content in each sample is to be determined using the Methods specified in paragraph (e) of this section. (4) The quantity of material (weight of latex or dry crumb rubber) represented by each sample shall be recorded. Acceptable methods of determining this quantity are production records, measurement of stream characteristics, and engineering calculations. (5) The monthly weighted average shall be determined using the equation in paragraph (f) of this section. All representative samples taken and analyzed during the month shall be used in the determination of the monthly weighted average. (c) If the owner or operator is demonstrating compliance using stripper parameter monitoring, this demonstration shall be in accordance with paragraphs (c)(1) through (c)(4) of this section. (1) The owner or operator shall establish stripper operating parameter levels for each grade in accordance with § 63.505(e). (2) The owner or operator shall monitor the stripper operating parameters at all times the stripper is in operation. Readings of each parameter shall be made at intervals no greater than 15 minutes. (3) The residual organic HAP content for each grade shall be determined in accordance with either paragraph (c)(3)(i) or (c)(3)(ii) of this section. (i) If during the processing of a grade in the stripper, all hourly average parameter values are in accordance with operating parameter levels established in paragraph (c)(1) of this section, the owner or operator shall use the residual organic HAP content determined in accordance with § 63.505(e)(1). (ii) If during the processing of a grade in the stripper, the hourly average of any stripper monitoring parameter is not in accordance with an established operating parameter level, the residual organic HAP content shall be determined using the procedures in paragraphs (b)(1) and (b)(3) of this section. (4) The monthly weighted average shall be determined using the equation in paragraph (f) of this section. (d) The location of the sampling shall be in accordance with paragraph (d)(1) or (d)(2) of this section. (1) For styrene butadiene rubber produced by the emulsion process, the sample shall be a sample of the latex taken at the location specified in either paragraph (d)(1)(i), (d)(1)(ii), or (d)(1)(iii) of this section. (i) When the latex is not blended with other materials or latexes, the sample shall be taken at a location meeting all of the following criteria: (A) After the stripping operation, (B) Prior to entering the coagulation operations, and (C) Before the addition of carbon black or oil extenders. (ii) When two or more latexes subject to this subpart are blended, samples may be taken in accordance with either paragraph (d)(1)(ii) (A) or (B) of this section, at a location meeting the requirements of paragraphs (d)(1)(i) (A) through (C) of this section. (A) Individual samples may be taken of each latex prior to blending, or (B) A sample of the blended latex may be taken. (iii) When a latex subject to this subpart is blended with a latex or material not subject to this subpart, a sample shall be taken of the latex prior to blending at a location meeting the requirements of paragraphs (d)(1)(i) (A) through (C) of this section. (2) For styrene butadiene rubber produced by the solution process, polybutadiene rubber produced by the solution process, and ethylene-propylene rubber produced by the solution process, the sample shall be a sample of crumb rubber taken as soon as safe and feasible after the stripping operation, but no later than the entry point for the first unit operation following the stripper (e.g., the dewatering screen). (e) The residual organic HAP content in each sample is to be determined using the methods specified in paragraphs (e)(1) through (e)(5) of this section, as applicable. (1) For styrene butadiene rubber produced by the emulsion process, either Method 312a, 312b, or 312c of 40 CFR part 63, appendix A, shall be used. (2) For styrene butadiene rubber produced by the solution process, either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used. (3) For polybutadiene rubber produced by the solution process, either Method 313a or 313b of 40 CFR part 63, appendix A, shall be used. (4) For ethylene-propylene rubber produced by the solution process, either Method 310a, 310b, or 310c of 40 CFR part 63, appendix A, shall be used. (5) Alternatively, any other method that has been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, may be used. (f) The monthly weighted average residual organic HAP content shall be calculated using Equation 26. Where: HAPCONT avg,mo n = Number of samples in the month. C i P i P mo (g) Compliance with the organic HAP emission limitations determined in accordance with § 63.494(a)(4) shall be demonstrated in accordance with paragraphs (g)(1) through (5) of this section. (1) Calculate your organic HAP emission limitation in accordance with § 63.494(a)(4)(i) through (iv), as applicable, record it, and submit it in accordance with § 63.499(f)(1). (2) Each month, calculate and record the organic HAP emissions from all back-end process operations using engineering assessment. Engineering assessment includes, but is not limited to, the following: (i) Previous test results, provided the test was representative of current operating practices. (ii) Bench-scale or pilot-scale test data obtained under conditions representative of current process operating conditions. (iii) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: (A) Use of material balances; (B) Estimation of flow rate based on physical equipment design, such as pump or blower capacities; (C) Estimation of organic HAP concentrations based on saturation conditions; and (D) Estimation of organic HAP concentrations based on grab samples of the liquid or vapor. (3) Each month, record the mass of elastomer product produced. (4) Each month, calculate and record the sums of the organic HAP emissions and the mass of elastomer produced for the previous calendar 12-month period. (5) Each month, divide the total mass of organic HAP emitted for the previous calendar 12-month period by the total mass of elastomer produced during this 12-month period. This value must be recorded in accordance with § 63.498(e) and reported in accordance with § 63.499(f)(2). [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 FR 38066, June 19, 2000; 76 FR 22590, Apr. 21, 2011] § 63.496 Back-end process provisions—procedures to determine compliance with residual organic HAP limitations using control or recovery devices. (a) If an owner or operator complies with the residual organic HAP limitations in § 63.494(a)(1) through (3) using control or recovery devices, compliance shall be demonstrated using the procedures in paragraphs (b) and (c) of this section. Previous test results conducted in accordance with paragraphs (b)(1) through (6) of this section may be used to determine compliance in accordance with paragraph (c) of this section. (b) Compliance shall be demonstrated using the provisions in paragraphs (b)(1) through (b)(8) of this section, as applicable. (1) A test shall be conducted, the duration of which shall be in accordance with either paragraph (b)(1)(i) or (b)(1)(ii) of this section, as appropriate. (i) If the back-end process operations are continuous, the test shall consist of three separate one hour runs. (ii) If the back-end process operations are batch, the test shall consist of three separate one-hour runs, unless the duration of the batch cycle is less than one-hour, in which case the run length shall equal the complete duration of the back-end process batch cycle. (2) The test shall be conducted when the grade of elastomer product with the highest residual organic HAP content leaving the stripper is processed in the back-end operations. (3) The uncontrolled residual organic HAP content in the latex or dry crumb rubber shall be determined in accordance with § 63.495(b)(1) and (b)(3). A separate sample shall be taken and analyzed for each test run. The sample shall be representative of the material being processed in the back-end operation during the test, and does not need to be taken during the test. (4) The quantity of material (weight of latex or dry crumb rubber) processed during the test run shall be recorded. Acceptable methods of determining this quantity are production records, measurement of stream characteristics, and engineering calculations. (5) The inlet and outlet emissions from the control or recovery device shall be determined using the procedures in paragraphs (b)(5)(i) through (b)(5)(v) of this section, with the exceptions noted in paragraphs (b)(6) and (b)(7) of this section. The inlet and outlet emissions shall be determined when the material for which the uncontrolled residual organic HAP content is determined in accordance with paragraph (b)(3) of this section, is being processed in the equipment controlled by the control or recovery device. (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites. Sampling sites for inlet emissions shall be located as specified in paragraphs (b)(5)(i)(A) or (b)(5)(i)(B) of this section. Sampling sites for outlet emissions shall be located at the outlet of the control or recovery device. (A) The inlet sampling site shall be located at the exit of the back-end process unit operation before any opportunity for emission to the atmosphere [with the exception of equipment in compliance with the requirements in §§ 63.502(a) through 63.502(m)], and before any control or recovery device. (B) If back-end process vent streams are combined prior to being routed to control or recovery devices, the inlet sampling site may be for the combined stream, as long as there is no opportunity for emission to the atmosphere [with the exception of equipment in compliance with the requirements in §§ 63.502(a) through 63.502(m)] from any of the streams prior to being combined. (ii) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. (iii) To determine the inlet and outlet total organic HAP concentrations, the owner or operator must use Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A to this part may be used. The minimum sampling time for each run must be in accordance with paragraph (b)(1) of this section, during which either an integrated sample or grab samples shall be taken. If grab sampling is used, then the samples must be taken at approximately equal intervals during the run, with the time between samples no greater than 15 minutes. (iv) The mass rate of total organic HAP shall be computed using Equations 27 and 28. where: C ij oj E i o M ij oj Q i o 3 K 2 −6 −1 (v) Inlet and outlet organic HAP emissions for the run shall be calculated by multiplying the mass rate total inlet and outlet emissions determined in accordance with paragraph (b)(5)(iv) of this section by the duration of the run (in hours). (6) If a back-end process vent stream is introduced with the combustion air, or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, the inlet and outlet emissions shall be determined in accordance with paragraphs (b)(6)(i) through (b)(6)(iv) of this section. (i) The inlet organic HAP emissions for the back-end process unit operation shall be determined in accordance with paragraph (b)(5) of this section. (ii) The owner or operator shall also measure total organic HAP (or TOC, minus methane and ethane) emissions in all process vent streams and primary and secondary fuels introduced into the boiler or process heater, using the procedures in paragraph (b)(5) of this section, with the exceptions noted in paragraphs (b)(6)(ii)(A) through (b)(6)(ii)(C) of this section. (A) Selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP concentrations in all process vent streams and primary and secondary fuels introduced into the boiler or process heater. (B) Paragraph (b)(5)(iii) of this section is applicable, except that TOC (minus methane and ethane) may be measured instead of total organic HAP. (C) The mass rates shall be calculated in accordance with paragraph (b)(5)(iv) of this section, except that C j (iii) The control efficiency of the boiler or process heater shall be calculated using Equation 29. where: R = Control efficiency of boiler or process heater, percent. E inlet E outlet (iv) The outlet total organic HAP emissions associated with the back-end process unit operation shall be calculated using Equation 30, as shown in paragraph (b)(8) of this section. (7) An owner or operator is not required to conduct a source test to determine the outlet organic HAP emissions if any control device specified in paragraphs (b)(7)(i) through (b)(7)(vi) of this section is used. For these devices, the inlet emissions associated with the back-end process unit operation shall be determined in accordance with paragraph (b)(5) of this section, and the outlet emissions shall be calculated using the equation in paragraph (b)(8) of this section. (i) A flare. (A) Except as specified in paragraph (b)(7)(i)(B) of this section, the owner or operator shall demonstrate compliance as provided in § 63.504(c). (B) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (b)(7)(i)(A) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (ii) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (iii) A boiler or process heater into which the process vent stream is introduced with the primary fuel or is used as the primary fuel. (iv) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same Methods specified in this section and either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (v) A boiler or process heater burning hazardous waste for which the owner or operator: (A) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (vi) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR Part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (8) If one of the control devices listed in paragraph (b)(6) or (b)(7) of this section is used, the outlet emissions shall be calculated using Equation 30. where: E o E i R = Control efficiency of control device, as specified in paragraph (b)(8)(i), (ii), or (iii) of this section. (i) If a back-end process vent stream is introduced with the combustion air, or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, the control efficiency of the boiler or process heater shall be determined using the procedures in paragraph (b)(6)(iii) of this section. (ii) If a back-end process vent is controlled using a control device specified in paragraph (b)(7) (i), (ii), (iii), or (v) of this section, the control device efficiency shall be assumed to be 98 percent. (iii) If a back-end process vent is controlled using a control device specified in paragraph (b)(7)(iv) of this section, the control device efficiency shall be the efficiency determined in the previous performance test. (c) Compliance shall be determined using the procedures in this paragraph. (1) For each test run, the residual organic HAP content, adjusted for the control or recovery device emission reduction, shall be calculated using Equation 31. Where: HAPCONT run C = Total uncontrolled organic HAP content, determined in accordance with paragraph (b)(3) of this section, kg organic HAP per kg latex or dry crumb rubber. P = Weight of latex or dry crumb rubber processed during test run. E i,run E o,run (2) A facility is in compliance if the average of the organic HAP contents calculated for all three test runs is below the residual organic HAP limitations in § 63.494(a)(1) through (3). (d) An owner or operator complying with the residual organic HAP limitations in § 63.494(a)(1) through (3) using a control or recovery device, shall redetermine the compliance status through the requirements described in paragraph (b) of this section whenever process changes are made. The owner or operator shall report the results of the redetermination in accordance with § 63.499(d). For the purposes of this section, a process change is any action that would reasonably be expected to impair the performance of the control or recovery device. For the purposes of this section, the production of an elastomer with a residual organic HAP content greater than the residual organic HAP content of the elastomer used in the compliance demonstration constitutes a process change, unless the overall effect of the change is to reduce organic HAP emissions from the source as a whole. Other examples of process changes may include changes in production capacity or production rate, or removal or addition of equipment. For the purposes of this paragraph, process changes do not include: Process upsets; unintentional, temporary process changes; or changes that reduce the residual organic HAP content of the elastomer. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38066, June 19, 2000; 76 FR 22591, Apr. 21, 2011; 89 FR 43251, May 16, 2024] § 63.497 Back-end process provisions—monitoring provisions for control and recovery devices used to comply with residual organic HAP limitations. (a) An owner or operator complying with the residual organic HAP limitations in § 63.494(a)(1) through (3) using control or recovery devices, or a combination of stripping and control or recovery devices, shall install the monitoring equipment specified in paragraphs (a)(1) through (7) of this section, as appropriate. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, the temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, the temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used, except as specified in paragraph (a)(7) of this section, a device (including, but not limited to, a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame is required. (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all vent streams are introduced with primary fuel or are used as the primary fuel is exempt from this requirement. (4) For an absorber, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device are required, each equipped with a continuous recorder. (5) For a condenser, a condenser exit (product side) temperature monitoring device equipped with a continuous recorder is required. (6) Except as specified in paragraph (a)(8) of this section, for a carbon adsorber, an integrating regeneration steam flow, nitrogen flow, or pressure monitoring device having an accuracy of at least ±10 percent of the flow rate, level, or pressure, capable of recording the total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle are required. (7) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (a)(2) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (8) Beginning no later than the compliance dates specified in § 63.481(n), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (a)(8)(i) through (iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (a)(8)(iii)(B) of this section. The owner or operator must measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of 40 CFR part 60, appendix A-7 using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of 40 CFR part 60, appendix A-7 using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (a)(8)(iii)(A) of this section, and comply with the monitoring frequency according to paragraph (a)(8)(iii)(B) of this section. (A) The first adsorber in series must be replaced immediately when breakthrough, as defined in § 63.482, is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph, “immediately” means within 8 hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. The owner or operator must monitor at the outlet of the first adsorber within 3 days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (a)(8)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than 2 months of life remaining, at least weekly if the adsorbent has between 2 months and 2 weeks of life remaining, and at least daily if the adsorbent has 2 weeks or less of life remaining. (b) An owner or operator may request approval to monitor parameters other than those required by paragraph (a) of this section. The request shall be submitted according to the procedures specified in § 63.506(f) or (g). Approval shall be requested if the owner or operator: (1) Uses a control or recovery device other than those listed in paragraph (a) of this section; or (2) Uses one of the control or recovery devices listed in paragraph (a) of this section, but seeks to monitor a parameter other than those specified in paragraph (a) of this section. (c) The owner or operator shall establish a level, defined as either a maximum or minimum operating parameter, that indicates proper operation of the control or recovery device for each parameter monitored under paragraphs (a)(1) through (a)(6) of this section. This level is determined in accordance with § 63.505. The established level, along with supporting documentation, shall be submitted in the Notification of Compliance Status or the operating permit application, as required in § 63.506(e)(5) or (e)(8), respectively. The owner or operator shall operate control and recovery devices so that the daily average value is above or below the established level, as required, to ensure continued compliance with the standard, except as otherwise stated in this subpart. (d) The owner or operator of an affected source with a controlled back-end process vent using a vent system that contains bypass lines that could divert a vent stream away from the control or recovery device used to comply with § 63.494(a)(1) through (3), shall comply with either paragraph (d)(1) or (d)(2), and (d)(3) of this section. Except as specified in paragraph (d)(3) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.498(d)(5)(iii). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass line. (3) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission standards in § 63.487) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) The last sentence in paragraph (d) of this section no longer applies. Instead, the exemptions specified in paragraph (d)(3)(ii)(A) and (d)(3)(ii)(B) of this section apply. (A) Except for pressure relief devices subject to § 63.165(e)(4) of subpart H of this part, equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to this paragraph (d) of this section. (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (d) of this section. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38067, June 19, 2000; 76 FR 22591, Apr. 21, 2011; 89 FR 43252, May 16, 2024] § 63.498 Back-end process provisions—recordkeeping. (a) Each owner or operator shall maintain the records specified in paragraphs (a)(1) through (4), and paragraphs (b) through (f) of this section, as appropriate. (1) The type of elastomer product processed in the back-end operation. (2) The type of process (solution process, emulsion process, etc.) (3) If the back-end process operation is subject to a residual organic HAP limitation in § 63.494(a)(1) through (3), whether compliance will be achieved by stripping technology, or by control or recovery devices. (4) If the back-end process operation is subject to an emission limitation in § 63.494(a)(4), the organic HAP emission limitation calculated in accordance with § 63.494(a)(4)(i) through (iv), as applicable. (b) Each owner or operator of a back-end process operation using stripping technology to comply with a residual organic HAP limitation in § 63.494(a)(1) through (3), and demonstrating compliance using the periodic sampling procedures in § 63.495(b), shall maintain the records specified in paragraph (b)(1), and in paragraph (b)(2) or paragraph (b)(3) of this section, as appropriate. (1) Records associated with each sample taken in accordance with § 63.495(b). These records shall include the following for each sample: (i) Elastomer type, (ii) The date and time the sample was collected, (iii) The corresponding quantity of elastomer processed over the time period represented by the sample. Acceptable methods of determining this quantity are production records, measurement of stream characteristics, and engineering calculations. (A) For emulsion processes, this quantity shall be the weight of the latex leaving the stripper. (B) For solution processes, this quantity shall be the crumb rubber dry weight of the rubber leaving the stripper. (iv) The organic HAP content of each sample. (2) The monthly weighted average organic HAP content, calculated in accordance with § 63.495(f). (3) If the organic HAP contents for all samples analyzed during a month are below the appropriate level in § 63.494(a), the owner or operator may record that all samples were in accordance with the residual organic HAP limitations in § 63.494(a)(1) through (3), rather than calculating and recording a monthly weighted average. (c) Each owner or operator of a back-end process operation using stripping technology to comply with a residual organic HAP limitation in § 63.494(a)(1) through (3), and demonstrating compliance using the stripper parameter monitoring procedures in § 63.495(c), shall maintain the records specified in paragraphs (c)(1) through (3) of this section. (1) Records associated with the initial, and subsequent, determinations of the organic HAP content of each grade of elastomer produced. These records shall include the following: (i) An identification of the elastomer type and grade; (ii) The results of the residual organic HAP analyses, conducted in accordance with § 63.505(e)(1); (iii) The stripper monitoring parameters required to be established in § 63.495(c)(1). (iv) If re-determinations are made of the organic HAP content, and re-establishment of the stripper monitoring parameters, records of the initial determination are no longer required to be maintained. (2) Records associated with each grade or batch. These records shall include the following for each grade or batch: (i) Elastomer type and grade; (ii) The quantity of elastomer processed; (A) For emulsion processes, this quantity shall be the weight of the latex leaving the stripper. (B) For solution processes, this quantity shall be the crumb rubber dry weight of the crumb rubber leaving the stripper. (iii) The hourly average of all stripper parameter results; (iv) If one or more hourly average stripper monitoring parameters is not in accordance with the established levels, the results of the residual organic HAP analysis. (3) The monthly weighted average organic HAP content, calculated in accordance with § 63.495(f). (d) Each owner or operator of a back-end process operation using control or recovery devices to comply with a residual organic HAP limitation in § 63.494(a)(1) through (3), shall maintain the records specified in paragraphs (d)(1) through (5) of this section. The recordkeeping requirements contained in paragraphs (d)(1) through (4) pertain to the results of the testing required by § 63.496(b), for each of the three required test runs. (1) The uncontrolled residual organic HAP content in the latex or dry crumb rubber, as required to be determined by § 63.496(b)(3), including the test results of the analysis; (2) The total quantity of material (weight of latex or dry crumb rubber) processed during the test run, recorded in accordance with § 63.496(b)(4); (3) The organic HAP emissions at the inlet and outlet of the control or recovery device, determined in accordance with § 63.496(b)(5) through (8), including all test results and calculations. (4) The residual organic HAP content, adjusted for the control or recovery device emission reduction, determined in accordance with § 63.496(c)(1). (5) Each owner or operator using a control or recovery device shall keep the following records readily accessible: (i) Continuous records of the equipment operating parameters specified to be monitored under § 63.497(a) or specified by the Administrator in accordance with § 63.497(b). For flares, the records specified in § 63.508, if applicable, and table 3 to subpart G of this part shall be maintained in place of continuous records. (ii) Records of the daily average value of each continuously monitored parameter for each operating day, except as provided in paragraphs (d)(5)(ii)(D) through (d)(5)(ii)(F) of this section. (A) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day, except as provided in paragraph (d)(5)(ii)(B) of this section. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous. (B) Monitoring data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments, shall not be included in computing the hourly or daily averages. In addition, monitoring data recorded during periods of non-operation of the EPPU (or specific portion thereof) resulting in cessation of organic HAP emissions, shall not be included in computing the hourly or daily averages. Records shall be kept of the times and durations of all such periods and any other periods of process or control device operation when monitors are not operating. (C) The operating day shall be the period defined in the operating permit or the Notification of Compliance Status in § 63.506(e)(5) or (8). It may be from midnight to midnight or another 24-hour period. (D) If all recorded values for a monitored parameter during an operating day are below the maximum, or above the minimum, level established in the Notification of Compliance Status in § 63.506(e)(5) or in the operating permit, the owner or operator may record that all values were below the maximum or above the minimum level, rather than calculating and recording a daily average for that operating day. (E) Except as specified in paragraph (d)(5)(ii)(F) of this section, for flares, records of the times and duration of all periods during which the pilot flame is absent, shall be kept rather than daily averages. The records specified in this paragraph are not required during periods when emissions are not routed to the flare. (F) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (d)(5)(ii)(E) of this section no longer applies and instead the owner or operator of the affected source must keep the records specified in § 63.108(m) of subpart F of this part and § 63.508. (iii) Except as specified in paragraph (d)(5)(v) of this section, hourly records of whether the flow indicator specified under § 63.497(d)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (iv) Except as specified in paragraph (d)(5)(v) of this section, where a seal mechanism is used to comply with § 63.497(d)(2), hourly records of flow are not required. (A) For compliance with § 63.497(d)(2), the owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done, and shall record instances when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken. (B) [Reserved] (v) For each flow event from a bypass line subject to the requirements in § 63.127(d) of subpart G of this part for each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), the owner or operator must also maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (e) If the back-end process operation is subject to an organic HAP emission limitation in § 63.494(a)(4), the records specified in paragraphs (e)(1) through (4) of this section. (1) The applicable organic HAP emission limitation determined in accordance with § 63.494(a)(4)(i) through (iv). (2) The organic HAP emissions from all back-end process operations for each month, along with documentation of all calculations and other information used in the engineering assessment to estimate these emissions. (3) The mass of elastomer product produced each month. (4) The total mass of organic HAP emitted for each 12-month period divided by the total mass of elastomer produced during the 12-month period, determined in accordance with § 63.495(g)(5). (f) Owners and operators subject to § 63.494(a)(7), must keep the records specified in paragraphs (f)(1) and (2) of this section in addition to those records specified elsewhere in this section. (1) For back-end process vents in chloroprene service, include all uncontrolled, undiluted chloroprene concentration measurements, and the calculations used to determine the total uncontrolled chloroprene mass emission rate for the sum of all vent gas streams. (2) The owner or operator must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.510(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000; 76 FR 22591, Apr. 21, 2011; 89 FR 43252, May 16, 2024] § 63.499 Back-end process provisions—reporting. (a) The owner or operator of an affected source with back-end process operations shall submit the information required in paragraphs (a)(1) through (a)(3) of this section, for each back-end process operation at the affected source, as part of the Notification of Compliance Status specified in § 63.506(e)(5). (1) The type of elastomer product processed in the back-end operation. (2) The type of process (solution process, emulsion process, etc.) (3) If the back-end process operation is subject to a residual organic HAP limitation in § 63.494(a)(1) through (3), whether compliance will be achieved by stripping technology, or by control or recovery devices. (b) Each owner or operator of a back-end process operation using stripping to comply with a residual organic HAP limitation in § 63.494(a)(1) through (3), and demonstrating compliance by stripper parameter monitoring, shall submit reports as specified in paragraphs (b)(1) and (2) of this section. (1) As part of the Notification of Compliance Status specified in § 63.506(e)(5), the owner or operator shall submit the information specified in § 63.498(c)(1). (2) For organic HAP content/stripper monitoring parameter re-determinations, and the addition of new grades, the information specified in § 63.498(c)(1) shall be submitted in the next periodic report specified in § 63.506(e)(6). (c) Each owner or operator of an affected source with a back-end process operation control or recovery device that shall comply with a residual organic HAP limitation in § 63.494(a)(1) through (3), shall submit the information specified in paragraphs (c)(1) through (3) of this section as part of the Notification of Compliance Status specified in § 63.506(e)(5). (1) The residual organic HAP content, adjusted for the control or recovery device emission reduction, determined in accordance with § 63.496(c)(1), for each test run in the compliance determination. (2) The operating parameter level established in accordance with § 63.497(c), along with supporting documentation. (3) The information specified in paragraphs (c)(3)(i) when using a flare, and the information specified in paragraph (c)(3)(ii) of this section when using a boiler or process heater. (i) The flare design (i.e., steam-assisted, air-assisted, or non-assisted); all visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination; and all periods during the compliance determination when the pilot flame is absent. (ii) A description of the location at which the vent stream is introduced into the boiler or process heater. (d) Whenever a process change, as defined in § 63.496(d), is made that causes the redetermination of the compliance status for the back-end process operations subject to a residual organic HAP limitation in § 63.494(a)(1) through (3), the owner or operator shall submit a report within 180 days after the process change, as specified in § 63.506(e)(7)(iii). The report shall include: (1) A description of the process change; (2) The results of the redetermination of the compliance status, determined in accordance with § 63.496(b), and recorded in accordance with § 63.498(d)(1), and (3) Documentation of the re-establishment of a parameter level for the control or recovery device, defined as either a maximum or minimum operating parameter, that indicates proper operation of the control or recovery device, in accordance with § 63.497(c) and recorded in accordance with § 63.498(d)(2). (e) If an owner or operator uses a control or recovery device other than those listed in § 63.497(a) or requests approval to monitor a parameter other than those specified in § 63.497(a), the owner or operator shall submit a description of planned reporting and recordkeeping procedures as required under § 63.506(e)(3) or (e)(8). The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the Precompliance Report or Operating Permit application. (f) If the back-end process operation is subject to an organic HAP emission limitation in § 63.494(a)(4), the owner and operator must submit the information specified in paragraphs (f)(1) and (2) of this section. (1) The applicable organic HAP emission limitation determined in accordance with § 63.494(a)(4)(i) through (iv), shall be submitted no later than 180 days from the date of publication of the final rule amendments in the Federal Register. (2) Beginning with the first periodic report required to be submitted by § 63.506(e)(6) that is at least 13 months after the compliance date, the total mass of organic HAP emitted for each of the rolling 12-month periods in the reporting period divided by the total mass of elastomer produced during the corresponding 12-month period, determined in accordance with § 63.495(g)(5). (g) Owners and operators subject to § 63.494(a)(7), must include in the periodic report, the records for the periods specified in § 63.498(f)(2). Indicate the start date, start time and duration in hours for each period. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000; 76 FR 22592, Apr. 21, 2011; 89 FR 43253, May 16, 2024] § 63.500 Back-end process provisions—carbon disulfide limitations for styrene butadiene rubber by emulsion processes. (a) Owners or operators of sources subject to this subpart producing styrene butadiene rubber using an emulsion process shall operate the process such that the carbon disulfide concentration in each crumb dryer exhausts shall not exceed 45 ppmv. (1) The owner or operator shall develop standard operating procedures for the addition of sulfur containing shortstop agents to ensure that the limitation in paragraph (a) of this section is maintained. There shall be a standard operating procedure representing the production of every grade of styrene butadiene rubber produced at the affected source using a sulfur containing shortstop agent. (2) A validation of each standard operating procedure shall be conducted in accordance with paragraph (c) of this section, except as provided in paragraph (b) of this section, to demonstrate compliance with the limitation in paragraph (a) of this section. (3) The owner or operator shall operate the process in accordance with a validated standard operating procedure at all times when styrene butadiene rubber is being produced using a sulfur containing shortstop agent. If a standard operating procedure is changed, it shall be re-validated. (4) Records specified in paragraph (d) of this section shall be maintained. (5) Reports shall be submitted in accordance with paragraph (e) of this section. (b) Crumb dryers that are vented to a combustion device are not subject to the provisions in this section. (c) The owner or operator shall validate each standard operating procedure to determine compliance with the limitation in paragraph (a) of this section using the testing procedures in paragraph (c)(1) of this section or engineering assessment, as described in paragraph (c)(2) of this section. (1) The owner or operator may choose to conduct a performance test, using the procedures in paragraphs (c)(1)(i) through (c)(1)(iii) of this section to demonstrate compliance with the carbon disulfide concentration limitation in paragraph (a) of this section. One test shall be conducted for each standard operating procedure. (i) Method 1 or 1A of 40 CFR part 60, appendix A, as required, shall be used for selection of the sampling sites. (ii) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as required. (iii) To determine compliance with the carbon disulfide concentration limit in paragraph (a) of this section, the owner or operator shall use Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively to measure carbon disulfide. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A to this part, may be used. The following procedures shall be used to calculate carbon disulfide concentration: (A) The minimum sampling time for each run shall be 1 hour, in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (B) The concentration of carbon disulfide shall be calculated using Equation 32. where: C CS2 C CS2i n = Number of samples in the sample run. (2) The owner or operator may use engineering assessment to demonstrate compliance with the carbon disulfide concentration limitation in paragraph (a) of this section. Engineering assessment includes, but is not limited to, the following: (i) Previous test results, provided the tests are representative of current operating practices at the process unit. (ii) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (iii) Flow rate and/or carbon disulfide emission rate specified or implied within an applicable permit limit. (iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: (A) Use of material balances, (B) Estimation of flow rate based on physical equipment design such as pump or blower capacities, and (C) Estimation of carbon disulfide concentrations based on saturation conditions. (v) All data, assumptions, and procedures used in the engineering assessment shall be documented. (d) Owners and operators of sources subject to this section shall maintain the records specified in paragraphs (d)(1) and (d)(2) of this section. (1) Documentation of the results of the testing required by paragraph (c) of this section. (2) A description of the standard operating procedure used during the testing. This description shall include, at a minimum, an identification of the sulfur containing shortstop agent added to the styrene butadiene rubber prior to the dryers, an identification of the point and time in the process where the sulfur containing shortstop agent is added, and an identification of the amount of sulfur containing shortstop agent added per unit of latex. (e) Owners and operators shall submit the reports as specified in paragraphs (e)(1) and (e)(2) of this section. (1) As part of the Notification of Compliance Status specified in § 63.506(e)(5), documentation of the results of the testing required by paragraph (c) of this section. (2) If changes are made in the standard operating procedure used during the compliance test and recorded in accordance with paragraph (d)(2) of this section, and if those changes have the potential for increasing the concentration of carbon disulfide in the crumb dryer exhaust to above the 45 ppmv limit, the owner or operator shall: (i) Redetermine compliance using the test procedures in paragraph (c) of this section, and (ii) Submit documentation of the testing results in the next periodic report required by § 63.506(e)(6). [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38068, June 19, 2000; 89 FR 43253, May 16, 2024] § 63.501 Wastewater provisions. (a) Except as specified in paragraphs (c) through (f) of this section, the owner or operator of each affected source shall comply with the requirements of §§ 63.132 through 63.147 for each process wastewater stream originating at an affected source, with the requirements of § 63.148 for leak inspection provisions, and with the requirements of § 63.149 for equipment that is subject to § 63.149, with the differences noted in paragraphs (a)(1) through (23) of this section. Further, the owner or operator of each affected source shall comply with the requirements of § 63.105(a) for maintenance wastewater, as specified in paragraph (b) of this section. (1) When the determination of equivalence criteria in § 63.102(b) is referred to in §§ 63.132, 63.133, and 63.137, the provisions in § 63.6(g) shall apply for the purposes of this subpart. (2) When the storage vessel requirements contained in §§ 63.119 through 63.123 are referred to in §§ 63.132 through 63.149, §§ 63.119 through 63.123 are applicable, with the exception of the differences referred to in § 63.484, for the purposes of this subpart. (3) Owners and operators of affected sources are not required to comply with the requirements in § 63.132(b)(1) and § 63.132(d). Owners and operators of new affected sources, as defined in this subpart, shall comply with the requirements for existing sources in §§ 63.132 through 63.149, with the exceptions noted in paragraphs (a)(4), (a)(10), and (a)(23) of this section. (4) When § 63.146(a) requires the submission of a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g), owners or operators requesting to monitor alternative parameters shall follow the procedures specified in § 63.506(f), for the purposes of this subpart. (5) When § 63.147(d) requires owners or operators to keep records of the daily average value of each continuously monitored parameter for each operating day as specified in § 63.152(f), owners and operators shall instead keep records of the daily average value of each continuously monitored parameter as specified in § 63.506(d), for the purposes of this subpart. (6) When §§ 63.132 through 63.149 refer to an “existing source,” the term “existing affected source,” as defined in § 63.480(a)(3) shall apply, for the purposes of this subpart. (7) When §§ 63.132 through 63.149 refer to a “new source,” the term “new affected source,” as defined in § 63.480(a)(4) shall apply, for the purposes of this subpart. (8) Whenever §§ 63.132 through 63.149 refer to a “chemical manufacturing process unit,” the term “elastomer product process unit,” (or EPPU) as defined in § 63.482, shall apply for the purposes of this subpart. In addition, when § 63.149 refers to “a chemical manufacturing process unit that meets the criteria of § 63.100(b) of subpart F of this part,” the term “an EPPU as defined in § 63.482(b)” shall apply for the purposes of this subpart. (9) When § 63.132(a) and (b) refer to the “applicable dates specified in § 63.100 of subpart F of this part,” the compliance dates specified in § 63.481 shall apply, for the purposes of this subpart. (10) The provisions of paragraphs (a)(10)(i) through (iv) of this section clarify the organic HAP that an owner or operator must consider when complying with the requirements of §§ 63.132 through 63.149. (i) Owners and operators are exempt from all requirements in §§ 63.132 through 63.149 that pertain solely and exclusively to organic HAP listed on table 8 to 40 CFR part 63, subpart G. (ii) When §§ 63.132 through 63.149 refer to table 9 compounds, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.482 and that are listed in table 9 to 40 CFR part 63, subpart G, for the purposes of this subpart. (iii) When §§ 63.132 through 63.149 refer to compounds in table 36 to 40 CFR part 63, subpart G, or compounds in List 1 and/or List 2, as listed in table 36 to 40 CFR part 63, subpart G, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.482 and that are listed in table 36 to 40 CFR part 63, subpart G, for the purposes of this subpart. (iv) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o), the provisions specified in § 63.132(c)(1)(iii) do not apply. Instead, if the wastewater stream contains chloroprene such that it is considered to be in chloroprene service, as defined in § 63.482, then the wastewater stream is a Group 1 wastewater stream. For wastewater streams in chloroprene service, owners and operators must also meet the requirements specified in § 63.510. (11) Whenever §§ 63.132 through 63.147 refer to a Group 1 wastewater stream or a Group 2 wastewater stream, the definitions of these terms contained in § 63.482 shall apply, for the purposes of this subpart. (12) When § 63.149(d) refers to “§ 63.100(f) of subpart F” the phrase “§ 63.480(c)” shall apply for the purposes of this subpart. In addition, where § 63.149(d) states “and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, or H of this part”, the phrase “and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, H, or U of this part,” shall apply for the purposes of this subpart. (13) When § 63.149(e)(1) and (e)(2) refer to “a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l)(1) or 40 CFR 63.100 (l)(2),” the phrase “an EPPU that is part of a new affected source or that is a new affected source,” shall apply for the purposes of this subpart. (14) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.138 and 63.146, the Notification of Compliance Status requirements contained in § 63.506(e)(5) shall apply for the purposes of this subpart. In addition, when §§ 63.138 and 63.146 require that information be reported according to § 63.152(b) in the Notification of Compliance Status, owners or operators of affected sources shall report the specified information in the Notification of Compliance Status required by § 63.506(e)(5), for the purposes of this subpart. (15) When the Periodic Report requirements contained in § 63.152(c) are referred to in § 63.146, the Periodic Report requirements contained in § 63.506(e)(6) shall apply for the purposes of this subpart. In addition, when § 63.146 requires that information be reported in the Periodic Reports required in § 63.152(c), owners or operators of affected sources shall report the specified information in the Periodic Reports required in § 63.506(e)(6), for the purposes of this subpart. (16) When the term “range” is used in §§ 63.132 through 63.149, the term “level” shall apply instead, for the purposes of this subpart. This level shall be determined using the procedures specified in § 63.505. (17) When § 63.143(f) specifies that owners or operators shall establish the range that indicates proper operation of the treatment process or control device, the owner or operator shall instead comply with the requirements of § 63.505(c) or (d) for establishing parameter level maximums/minimums, for the purposes of this subpart. (18) When § 63.146(b)(7) and § 63.146(b)(8) require that “the information on parameter ranges specified in § 63.152(b)(2)” be reported in the Notification of Compliance Status, owners and operators of affected sources are instead required to report the information on parameter levels in the Notification of Compliance Status as specified in § 63.506(e)(5)(ii), for the purposes of this subpart. (19) For the purposes of this subpart, the owner or operator of an affected source is not required to include process wastewater streams that contain styrene when conducting performance tests for the purposes of calculating the required mass removal (RMR) or the actual mass removal (AMR) under the provisions described in § 63.145(f) or § 63.145(g). For purposes of this paragraph, a process wastewater stream is considered to contain styrene if the wastewater stream meets the requirements in paragraph (a)(19)(i), (ii), or (iii) of this section: (i) The wastewater stream originates at equipment that produces styrene butadiene rubber by solution; (ii) The wastewater stream originates at equipment that produces styrene butadiene rubber by emulsion; or (iii) The wastewater stream originates at equipment that produces styrene butadiene latex. (20) When the provisions of § 63.139(c)(1)(ii), § 63.145(d)(4), or § 63.145(i)(2) specify that Method 18 of appendix A-6 to 40 CFR part 60 must be used, Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively, may be used for the purposes of this subpart. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A must conform with the requirements in paragraphs (a)(20)(i) and (ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A of appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A of appendix A-7 to 40 CFR part 60 is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (21) In § 63.145(j), instead of the reference to § 63.11(b), and instead of § 63.145(j)(1) and § 63.145(j)(2), the requirements in § 63.504(c) shall apply. (22) The owner or operator of a facility which receives a Group 1 wastewater stream, or a residual removed from a Group 1 wastewater stream, for treatment pursuant to § 63.132(g) is subject to the requirements of § 63.132(g) with the differences identified in this section, and is not subject to subpart DD of this part, with respect to the received material. (23) When § 63.132(g) refers to “§§ 63.133 through 63.137” or “§§ 63.133 through 63.147”, the provisions in this § 63.501 shall apply, for the purposes of this subpart. (b) Except for those streams exempted by paragraphs (c) and (d) of this section, the owner or operator of each affected source shall comply with the requirements for maintenance wastewater in § 63.105, except that when § 63.105(a) refers to “organic HAPs listed in table 9 to subpart G of this part,” the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.482 and that are listed in table 9 to subpart G of this part, for the purposes of this subpart. (c) The provisions of paragraphs (a) and (b) of this section do not apply to the following: (1) Back-end streams originating from equipment whose only elastomer products are latex products. (2) Back-end streams at affected sources that are subject to a residual organic HAP limitation in § 63.494(a)(1) through (3) and that are complying with these limitations through the use of stripping technology. (d) Substitute “For each affected source as described in § 63.480, on and after July 15, 2027,” for each occurrence of “For each source as defined in § 63.101, on and after July 15, 2027,”. (e) Substitute “For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n),” for each occurrence of “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10),”. (f) Substitute “§ 63.508” for each occurrence of “§ 63.108”. [62 FR 46925, Sept. 5, 1996, as amended at 65 FR 38069, June 19, 2000; 66 FR 36828, July 16, 2001; 76 FR 22592, Apr. 21, 2011; 89 FR 43254, May 16, 2024] § 63.502 Equipment leak, fenceline monitoring, and heat exchange system provisions. (a) The owner or operator of each affected source, shall comply with the requirements of subpart H of this part, with the exceptions noted in paragraphs (a)(1) through (7), and (b) through (m) of this section. Except as specified in § 63.170(b), surge control vessels required to be controlled by subpart H may, alternatively, comply with the Group 1 storage vessel provisions specified in § 63.484. (1) Substitute “For each affected source as described in § 63.480, on and after July 15, 2027,” for each occurrence of “For each source as defined in § 63.101, and for each source as defined in § 63.191, on and after July 15, 2027,”. (2) Substitute “For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n),” for each occurrence of “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10),”. (3) Substitute “For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(o),” for each occurrence of “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11),”. (4) Substitute “For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(p),” for each occurrence of “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(12),”. (5) Substitute “§ 63.508” for each occurrence of “§ 63.108”. (6) Substitute “in chloroprene service” for each occurrence of “in ethylene oxide service”. (7) If an affected source uses, produces, stores, or emits chloroprene, the action level for chloroprene in § 63.184(d)(3) is 0.3 µg/m 3 3 3 (b) Surge control vessels and bottoms receivers described in paragraphs (b)(1) through (b)(7) of this section are exempt from the requirements contained in § 63.170. (1) Surge control vessels and bottoms receivers that receive only styrene-butadiene latex; (2) Surge control vessels and bottoms receivers that receive latex products other than styrene-butadiene latex, located downstream of the stripping operations; (3) Surge control vessels and bottoms receivers that receive only high conversion latex products; (4) Surge control vessels and bottoms receivers located downstream of the stripping operations at affected sources subject to the back-end residual organic HAP limitation located in § 63.494(a)(1) through (3) that are complying through the use of stripping technology, as specified in § 63.495; (5) Surge control vessels and bottoms receivers that receive only styrene; (6) Surge control vessels and bottoms receivers that receive only acrylamide; and (7) Surge control vessels and bottoms receivers that receive only epichlorohydrin. (c) The compliance date for the equipment leak provisions in this section is provided in § 63.481(d). Whenever subpart H of this part refers to the compliance dates specified in any paragraph contained in § 63.100, the compliance dates listed in § 63.481(d) shall instead apply, for the purposes of this subpart. When § 63.182(c)(4) refers to “sources subject to subpart F,” the phrase “sources subject to this subpart” shall apply, for the purposes of this subpart. In addition, extensions of compliance dates are addressed by § 63.481(e) instead of by § 63.182(a)(6), for the purposes of this subpart. (d) For an affected source producing polybutadiene rubber or styrene butadiene rubber by solution, the conditions in paragraphs (d)(1), (d)(2), and (d)(3) of this section are applicable. (1) Indications of liquids dripping, as defined in subpart H of this part, from bleed ports in pumps and agitator seals in light liquid service, shall not be considered a leak. For the purposes of this subpart, a “bleed port” is a technologically-required feature of the pump or seal whereby polymer fluid used to provide lubrication and/or cooling of the pump or agitator shaft exits the pump, thereby resulting in a visible dripping of fluid. (2) For reciprocating pumps in heavy liquid service, owners and operators are not required to comply with the requirements in § 63.169 and associated recordkeeping and reporting requirements. (3) Reciprocating pumps in light liquid service are exempt from § 63.163 and associated recordkeeping and reporting requirements, if recasting the distance piece or reciprocating pump replacement would be necessary to comply with that section. (e) Owners and operators of an affected source subject to this subpart are not required to submit the Initial Notification required by § 63.182(a)(1) and § 63.182(b). (f) As specified in § 63.506(e)(5), the Notification of Compliance Status required by § 63.182(a)(2) and § 63.182(c) shall be submitted within 150 days (rather than 90 days) of the applicable compliance date specified in § 63.481(d) for the equipment leak provisions. (g) The information specified by § 63.182(a)(3) and § 63.182(d) (i.e., Periodic Reports) shall be submitted as part of the Periodic Reports required by § 63.506(e)(6). (h) If specific items of equipment, comprising part of a process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.), those items of equipment may be aggregated with any EPPU within the affected source for all purposes under subpart H of this part, providing there is no delay in achieving the applicable compliance date. (i) When § 63.166(b)(4)(i) refers to Table 9 of subpart G of this part, the owner or operator is only required to consider organic HAP listed on Table 9 of subpart G of this subpart that are also listed on Table 5 of this subpart. (j) When the provisions of subpart H of this part specify that Method 18 of appendix A-6 to 40 CFR part 60 must be used, either Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively, may be used for the purposes of this subpart. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A must conform with the requirements in paragraphs (j)(1) and (2) of this section. (1) The organic HAP used as the calibration gas for Method 25A of appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of emissions. (2) The use of Method 25A of appendix A-7 to 40 CFR part 60 is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (k)(1) Except as specified in paragraph (k)(2) of this section, an owner or operator using a flare to comply with the requirements of this section shall conduct a compliance demonstration as specified in § 63.504(c). (2) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraph (k)(1) of this section no longer applies and instead the owner or operator of the affected source must comply with § 63.508 for the flare. (l) When the term “equipment” is used in subpart H of this part, the definition of this term in § 63.482(b) shall apply for the purposes of this subpart. (m) The phrase “the provisions of subparts F, I, or U of this part” shall apply instead of the phrase “the provisions of subpart F or I of this part” throughout §§ 63.163 and 63.168, for the purposes of this subpart. In addition, the phrase “subparts F, I, and U” shall apply instead of the phrase “subparts F and I” in § 63.174(c)(2)(iii), for the purposes of this subpart. (n) The owner or operator of each affected source shall comply with the requirements of § 63.104 for heat exchange systems, with the exceptions noted in paragraphs (n)(1) through (8) of this section. (1) When the term “chemical manufacturing process unit” is used in § 63.104, the term “elastomer product process unit” (or EPPU) shall apply for the purposes of this subpart, with the exception noted in paragraph (n)(2) of this section. (2) When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3) of this subpart, except for chemical manufacturing process units meeting the condition specified in § 63.100(c) of this subpart” is used in the first sentence of § 63.104(a), the term “an EPPU, except for EPPUs meeting the condition specified in § 63.480(b)” shall apply for the purposes of this subpart. When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3),” is used in the last sentence of § 63.104(a) of subpart F of this part, the term “an EPPU” shall apply for purposes of this subpart. (3) When § 63.104 refers to table 4 to subpart F of this part or table 9 to subpart G of this part, the owner or operator is only required to consider organic HAP listed on table 5 to this subpart. (4) When § 63.104(c)(3) specifies the monitoring plan retention requirements, and when § 63.104(f)(1) refers to the record retention requirements in § 63.103(c)(1), the requirements in § 63.506(a) and § 63.506(h) shall apply, for the purposes of this subpart. (5) When § 63.104(f)(2) requires information to be reported in the Periodic Reports required by § 63.152(c), the owner or operator shall instead report the information specified in § 63.104(f)(2) in the Periodic Reports required by § 63.506(e)(6), for the purposes of this subpart. (6) The compliance date for heat exchange systems subject to the provisions of this section is specified in § 63.481(d)(6). (7) Substitute “Beginning no later than the compliance dates specified in § 63.481(n),” for each occurrence of “Beginning no later than the compliance dates specified in § 63.100(k)(10),”. (8) § 63.104(k) of subpart F of this part does not apply. Instead for each source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), owners and operators must not inject water into or dispose of water through any heat exchange system in an EPPU if the water contains any amount of chloroprene, has been in contact with any process stream containing chloroprene, or the water is considered wastewater as defined in § 63.482. [62 FR 46925, Sept. 5, 1996, as amended at 62 FR 37722, July 15, 1997; 65 FR 38070, June 19, 2000; 76 FR 22592, Apr. 21, 2011; 89 FR 43254, May 16, 2024] § 63.503 Emissions averaging provisions. (a) This section applies to owners or operators of existing affected sources who seek to comply with § 63.483(b) by using emissions averaging rather than following the provisions of §§ 63.484, 63.485, 63.486, 63.494, and 63.501. (1) The following emission point limitations apply to the use of these provisions: (i) All emission points included in an emissions average shall be from the same affected source. There may be an emissions average for each individual affected source located at a plant site. (ii)(A) If a plant site has only one affected source for which emissions averaging is being used to demonstrate compliance, the number of emission points allowed to be included in the emission average is limited to twenty. This number may be increased by up to five additional points if pollution prevention measures are used to control five or more of the emission points included in the emissions average. (B) If a plant site has two or more affected sources for which emissions averaging is being used to demonstrate compliance, the number of emission points allowed in the emissions average for those affected sources is limited to twenty. This number may be increased by up to five additional emission points if pollution prevention measures are used to control five or more of the emission points included in the emissions averages. (2) Compliance with the provisions of this section may be based on either organic HAP or TOC. (3) For the purposes of the provisions in this section, whenever Method 18 of appendix A-6 to 40 CFR part 60 is specified within the paragraphs of this section or is specified by reference through provisions outside this section, Method 18 or Method 25A of appendices A-6 and A-7 to 40 CFR part 60, respectively, may be used. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. The use of Method 25A, must conform with the requirements in paragraphs (a)(3)(i) and (ii) of this section. (i) The organic HAP used as the calibration gas for Method 25Aof appendix A-7 to 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A of appendix A-7 to 40 CFR part 60, is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (b) Unless an operating permit application has been submitted, the owner or operator shall develop and submit for approval an Emissions Averaging Plan containing all of the information required in § 63.506(e)(4) for all emission points to be included in an emissions average. (c) Paragraphs (c)(1) through (c)(4) of this section describe the emission points that may be used to generate emissions averaging credits if control was applied after November 15, 1990 and if sufficient information is available to determine the appropriate value of credits for the emission point. Paragraph (c)(5) of this section discusses the use of pollution prevention in generating emissions averaging credits. (1) Storage vessels, batch front-end process vents, aggregate batch vent streams, continuous front-end process vents, and process wastewater streams that are determined to be Group 2 emission points. (2) Storage vessels, continuous front-end process vents, and process wastewater steams that are determined to be Group 1 emission points and that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies shall be submitted and approved as provided in paragraph (i) of this section. (3) Batch front-end process vents and aggregate batch vent streams that are determined to be Group 1 emission points and that are controlled to a level more stringent than the applicable standard. (4) Back-end process operations that are controlled such that organic HAP emissions from the back-end process operation are less than would be achieved by meeting the residual organic HAP limits in § 63.494. For the purposes of the emission averaging provisions in this section, all back-end process operations at an affected facility shall be considered a single emission point. (5) The percent reduction for any storage vessel, batch front-end process vent, aggregate batch vent stream, continuous front-end process vent, and process wastewater stream shall be determined using the procedures specified in paragraph (j) of this section. (i) For a Group 1 storage vessel, batch front-end process vent, aggregate batch vent stream, continuous front-end process vent, or process wastewater stream, the pollution prevention measure shall reduce emissions more than if the reference control technology or standard had been applied to the emission point instead of the pollution prevention measure, except as provided in paragraph (c)(5)(ii) of this section. (ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 storage vessel, batch front-end process vent, aggregate batch vent stream, continuous front-end process vent, or process wastewater stream, the pollution prevention measure alone does not have to reduce emissions more than the reference control technology or standard, but the combination of the pollution prevention measure and other controls shall reduce emissions more than if the applicable reference control technology or standard had been applied instead of the pollution prevention measure. (d) The following emission points cannot be used to generate emissions averaging credits: (1) Emission points already controlled on or before November 15, 1990 cannot be used to generate credits unless the level of control was increased after November 15, 1990. In this case, credit will be allowed only for the increase in control after November 15, 1990. (2) Group 1 emission points, identified in paragraph (c)(2) of this section, that are controlled by a reference control technology cannot be used to generate credits unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph (i) of this section. (3) Emission points on nonoperating EPPU cannot be used to generate credits. EPPU that are shutdown cannot be used to generate credits or debits. (4) Maintenance wastewater cannot be used to generate credits. Wastewater streams treated in biological treatment units cannot be used to generate credits. These two types of wastewater cannot be used to generate credits or debits. For the purposes of this section, the terms wastewater and wastewater stream are used to mean process wastewater. (5) Emission points controlled to comply with a State or Federal rule other than this subpart cannot be used to generate credits, unless the level of control has been increased after November 15, 1990 to a level above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the emission point is subsequently made subject to a State or Federal rule other than this subpart, the emission point may continue to generate emissions averaging credit for the purpose of complying with the previously approved emissions average. (e) For all emission points included in an emissions average, the owner or operator shall perform the following tasks: (1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology or standard for those emission points. The Group 1 emission points are identified in paragraphs (c)(2) through (c)(4) of this section. Equations in paragraph (g) of this section shall be used to calculate debits. (2) Calculate and record monthly credits for all Group 1 and Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph (h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph (c) of this section may be included in the credit calculation, whereas those described in paragraph (d) of this section shall not be included. (3) Demonstrate that annual credits calculated according to paragraph (h) of this section are greater than or equal to debits calculated for the same annual compliance period according to paragraph (g) of this section. (i) The owner or operator may choose to include more than the required number of credit-generating emission points in an emissions average in order to increase the likelihood of being in compliance. (ii) The initial demonstration in the Emissions Averaging Plan or operating permit application that credit-generating emission points will be capable of generating sufficient credits to offset the debits from the debit-generating emission points shall be made under representative operating conditions. After the compliance date, actual operating data shall be used for all debit and credit calculations. (4) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis. (5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.506(e)(6). Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.506(e)(6)(x)(C)( 2 (f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs (g) and (h) of this section, respectively, and shall not include emissions during the following periods: (1) [Reserved] (2) Emissions during periods of monitoring excursions, as defined in § 63.505 (g) or (h). For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs (f)(2)(i) through (f)(2)(iii) of this section. (i) No credits would be assigned to the credit-generating emission point. (ii) Maximum debits would be assigned to the debit-generating emission point. (iii) The owner or operator may demonstrate to the Administrator that full or partial credits or debits should be assigned using the procedures in paragraph (l) of this section. (g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or is controlled to a level less stringent than the applicable reference control technology or standard and the emissions allowed for the Group 1 emission point. Debits shall be calculated as follows: (1) Source-wide debits shall be calculated using Equation 33. Debits and all terms of the equation are in units of megagrams per month (Mg/month): Where: ECFEPV iACTUAL iACTUAL (0.02)ECFEPV iu iu ES iACTUAL iACTUAL (0.05)ES iu iu EBEP ACTUAL ACTUAL EBEP c c EWW iACTUAL iACTUAL EWW ic ic EBFEPV iACTUAL iACTUAL (0.1) EBFEPV iu iu EABV iACTUAL iACTUAL (0.1) EABV iu iu n = The number of emission points being included in the emissions average. (2) Emissions from continuous front-end process vents shall be calculated as follows: (i) For purposes of determining continuous front-end process vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be after the final product recovery device, if any recovery devices are present; before any control device (for continuous front-end process vents, recovery devices shall not be considered control devices); and before discharge to the atmosphere. Method 1 or 1A of 40 CFR part 60, appendix A, shall be used for selection of the sampling site. (ii) ECFEPV iu Where: ECFEPV iu Q = Vent stream flow rate, dry standard m 3 h = Monthly hours of operation during which positive flow is present in the continuous front-end process vent, hr/month. C j M j n = Number of organic HAP in stream. (A) The values of Q and C j j (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q and C j j (iii) The following procedures and equations shall be used to calculate ECFEPV iACTUAL (A) If the continuous front-end process vent is not controlled by a control device or pollution prevention measure, ECFEPV iACTUAL iu iu (B) If the continuous front-end process vent is controlled using a control device or a pollution prevention measure achieving less than 98-percent reduction, ECFEPV iACTUAL Where: ECFEPV iACTUAL ECFEPV iu ( 1 ( 2 iACTUAL. 4 ( 3 ( 4 2 (3) Emissions from storage vessels shall be calculated using the procedures specified in § 63.150(g)(3). (4) Emissions from back-end process operations shall be calculated as follows: (i) Equation 36 shall be used to calculate EBEP ACTUAL where: EBEP ACTUAL C i P i (ii) Equation 37 shall be used to calculate EBEP c where: EBEP c HAP limit P month (5) Emissions from wastewater shall be calculated using the procedures specified in § 63.150(g)(5). (6) Emissions from batch front-end process vents shall be calculated as follows: (i) EBFEPV iu (ii) The following procedures and equations shall be used to determine EBFEPV iACTUAL (A) If the batch front-end process vent is not controlled by a control device or pollution prevention measure, EBFEPV iACTUAL iu iu (B) If the batch front-end process vent is controlled using a control device or a pollution prevention measure achieving less than 90 percent reduction for the batch cycle, calculate EBFEPV iACTUAL ( 1 ( 2 ( 3 (7) Emissions from aggregate batch vents shall be calculated as follows: (i) For purposes of determining aggregate batch vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be before any control device and before discharge to the atmosphere. Method 1 or 1A of 40 CFR part 60, appendix A, shall be used for selection of the sampling site. (ii) EABV iu Where: EABV iu Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. h = Monthly hours of operation during which positive flow is present from the aggregate batch vent stream, hr/month. C j M j n = Number of organic HAP in the stream. (A) The values of Q and C j j (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q and C j j (iii) The following procedures and equations shall be used to calculate EABV iACTUAL (A) If the aggregate batch vent is not controlled by a control device or pollution prevention measure, EABV iACTUAL iu iu (B) If the aggregate batch vent stream is controlled using a control device or a pollution prevention measure achieving less than 90 percent reduction, calculate EABV iACTUAL ( 1 ( 2 (h) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from that Group 1 or Group 2 emission point that has been controlled after November 15, 1990 to a level more stringent than what is required by this subpart or any other State or Federal rule or statute. Credits shall be calculated as follows: (1) Source-wide credits shall be calculated using Equation 41. Credits and all terms of the equation are in units of Mg/month, and the baseline date is November 15, 1990: Where: D = Discount factor = 0.9 for all credit generating emission points, except those controlled by a pollution prevention measure; discount factor = 1.0 for each credit generating emission point controlled by a pollution prevention measure (i.e., no discount provided). ECFEPV1 iACTUAL iACTUAL (0.02)ECFEPV1 iu iu ECFEPV2 iACTUAL iACTUAL ECFEPV2 iBASE iBASE ES1 iACTUAL iACTUAL (0.05) ES1 iu iu ES2 iACTUAL iACTUAL ES2 iBASE iBASE EBEP ACTUAL ACTUAL EBEP c c EWW1 iACTUAL iACTUAL EWW1 ic ic EWW2 iACTUAL iACTUAL EWW2 iBASE iBASE (0.1) EBFEPV1 iu iu EBFEPV1 iACTUAL iACTUAL (0.1)EABV1 iu iu EABV1 iACTUAL iACTUAL EBFEPV2 iBASE iBASE EBFEPV2 iACTUAL iACTUAL EABV2 iBASE iBASE EABV2 iACTUAL iACTUAL n = Number of Group 1 emission points included in the emissions average. The value of n is not necessarily the same for continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, storage vessels, wastewater streams, or the collection of process sections within the affected source. m = Number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, storage vessels, wastewater streams, or the collection of process sections within the affected source. (i) Except as specified in paragraph (h)(1)(iv) of this section, for an emission point controlled using a reference control technology, the percent reduction for calculating credits shall be no greater than the nominal efficiency associated with the reference control technology, unless a higher nominal efficiency is assigned as specified in paragraph (h)(1)(ii) of this section. (ii) For an emission point controlled to a level more stringent than the reference control technology, the nominal efficiency for calculating credits shall be assigned as described in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedures in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedure in paragraph (i) of this section. (iii) For an emission point controlled using a pollution prevention measure, except for back-end process operation emissions, the nominal efficiency for calculating credits shall be as determined as described in paragraph (j) of this section. Emissions for back-end process operations shall be determined as described in paragraph (h)(4) of this section. (iv) For Group 1 and Group 2 batch front-end process vents and Group 1 and Group 2 aggregate batch vent streams, the percent reduction for calculating credits shall be the percent reduction determined according to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this section for batch front-end process vents and paragraphs (h)(7)(ii) and (h)(7)(iii) of this section for aggregate batch vent streams. (2) Emissions from continuous front-end process vents shall be determined as follows: (i) Uncontrolled emissions from Group 1 continuous front-end process vents, ECFEPV1 iu iu (ii) Actual emissions from Group 1 continuous front-end process vents controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, ECFEPV1 iACTUAL Where: ECFEPV1 iACTUAL ECFEPV1 iu (iii) The following procedures shall be used to calculate actual emissions from Group 2 continuous front-end process vents, ECFEPV2 iACTUAL (A) For a Group 2 continuous front-end process vent controlled by a control device, a recovery device applied as a pollution prevention project, or a pollution prevention measure, where the control achieves a percent reduction less than or equal to 98 percent reduction, Equation 43 shall be used. Where: ECFEPV2 iACTUAL front-end process vent i that is controlled. ECFEPV2 iu ( 1 iu iu 3 ( 2 1 3 4 ( 3 iu iu iu ( 4 (B) For a Group 2 continuous front-end process vent controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction, Equation 44 shall be used. Where: ECFEPV2 iACTUAL front-end process vent i that is controlled. ECFEPV2 iu (iv) Emissions from Group 2 continuous front-end process vents at baseline, ECFEPV2 iBASE (A) If the continuous front-end process vent was uncontrolled on November 15, 1990, ECFEPV2 iBASE iu iu (B) If the continuous front-end process vent was controlled on November 15, 1990, Equation 45 shall be used. ( 1 iu iu ( 2 1 3 (C) If a recovery device was added as part of a pollution prevention project initiated after November 15, 1990, ECFEPV2 iBASE iu iu 3 (3) Emissions from storage vessels shall be calculated using the procedures specified in § 63.150(h)(3). (4) Emissions from back-end process operations shall be calculated as follows: (i) EBEP ACTUAL ACTUAL (ii) EBEP c c (5) Emissions from wastewater streams shall be calculated using the procedures specified in § 63.150(h)(5). (6) Emissions from batch front-end process vents shall be determined as follows: (i) Uncontrolled emissions from Group 1 batch front-end process vents (EBFEPV1 iu (ii) Actual emissions from Group 1 batch front-end process vents controlled to a level more stringent than the standard (EBFEPV1 iACTUAL (A) The percent reduction for the batch cycle shall be calculated according to the procedures in § 63.490(c)(2). (B) The percent reduction for control devices shall be determined according to the procedures in § 63.490(c)(2)(i) through (c)(2)(iii). (C) The percent reduction of pollution prevention measures shall be calculated using the procedures specified in paragraph (j) of this section. (iii) Actual emissions from Group 2 batch front-end process vents (EBFEPV2 iACTUAL iu (iv) Emissions from Group 2 batch front-end process vents at baseline shall be calculated as follows: (A) If the batch front-end process vent was uncontrolled on November 15, 1990, EBFEPV2 iBASE iu (B) If the batch front-end process vent was controlled on November 15, 1990, use Equation 48 and the procedures in paragraphs (h)(6)(ii)(A) through (h)(6)(ii)(C) of this section. EBFEPV2 iu (7) Emissions from aggregate batch vent streams shall be determined as follows: (i) Uncontrolled emissions from Group 1 aggregate batch vent streams (EABV1 iu iu (ii) Actual emissions from Group 1 aggregate batch vent streams controlled to a level more stringent than the standard (EABV1i ACTUAL (A) The percent reduction for control devices shall be determined according to the procedures in § 63.490(e). (B) The percent reduction of pollution prevention measures shall be calculated using the procedures specified in paragraph (j) of this section. (iii) Actual emissions from Group 2 aggregate batch vents streams (EABV2 iACTUAL iu iu (iv) Emissions from Group 2 aggregate batch vent streams at baseline shall be calculated as follows: (A) If the aggregate batch vent stream was uncontrolled on November 15, 1990, EABV2 iBASE iu iu (B) If the aggregate batch vent stream was controlled on November 15, 1990, use Equation 51 and the procedures in paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this section. EABV2 iu iu (i) The following procedures shall be followed to establish nominal efficiencies for emission controls for storage vessels, continuous front-end process vents, and process wastewater streams. The procedures in paragraphs (i)(1) through (i)(6) of this section shall be followed for control technologies that are different in use or design from the reference control technologies and achieve greater percent reductions than the percent efficiencies assigned to the reference control technologies in § 63.111. (1) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology, and the different control technology will be used in more than three applications at a single plant-site, the owner or operator shall submit the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as specified in § 63.506(e)(7)(ii), to the Director of the EPA Office of Air Quality Planning and Standards, in writing. (i) Emission stream characteristics of each emission point to which the control technology is or will be applied, including the kind of emission point, flow, organic HAP concentration, and all other stream characteristics necessary to design the control technology or determine its performance. (ii) Description of the control technology, including design specifications. (iii) Documentation demonstrating to the Administrator's satisfaction the control efficiency of the control technology. This may include performance test data collected using an appropriate EPA Method or any other method validated according to Method 301, 40 CFR part 63, appendix A. If it is infeasible to obtain test data, documentation may include a design evaluation and calculations. The engineering basis of the calculation procedures and all inputs and assumptions made in the calculations shall be documented. (iv) A description of the parameter or parameters to be monitored to ensure that the control technology will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters). (2) The Administrator shall determine within 120 days whether an application presents sufficient information to determine nominal efficiency. The Administrator reserves the right to request specific data in addition to the items listed in paragraph (i)(1) of this section. (3) The Administrator shall determine within 120 days of the submittal of sufficient data whether a control technology shall have a nominal efficiency and the level of that nominal efficiency. If, in the Administrator's judgment, the control technology achieves a level of emission reduction greater than the reference control technology for a particular kind of emission point, the Administrator will publish a Federal Register (4) The Administrator may grant permission to take emission credits for use of the control technology. The Administrator may also impose requirements that may be necessary to ensure operation and maintenance to achieve the specified nominal efficiency. (5) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology and the different control technology will be used in no more than three applications at a single plant site, the owner or operator shall submit the information listed in paragraph (i)(1)(i) as specified in § 63.506(e)(7)(ii) to the Administrator. (i) In these instances, use and conditions for use of the control technology may be approved by the permitting authority as part of an operating permit application or modification. The permitting authority shall follow the procedures specified in paragraphs (i)(2) through (i)(4) of this section except that, in these instances, a Federal Register (ii) If, in reviewing the application, the permitting authority believes the control technology has broad applicability for use by other sources, the permitting authority shall submit the information provided in the application to the Director of the EPA Office of Air Quality Planning and Standards. The Administrator shall review the technology for broad applicability and may publish a Federal Register (6) If, in reviewing an application for a control technology for an emission point, the Administrator or permitting authority determines that the control technology is not different in use or design from the reference control technology, the Administrator or permitting authority shall deny the application. (j) The following procedures shall be used for calculating the efficiency (percent reduction) of pollution prevention measures for storage vessels, continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, and wastewater streams: (1) A pollution prevention measure is any practice which meets the criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section. (i) A pollution prevention measure is any practice that results in a lesser quantity of organic HAP emissions per unit of product released to the atmosphere prior to out-of-process recycling, treatment, or control of emissions, while the same product is produced. (ii) Pollution prevention measures may include substitution of feedstocks that reduce organic HAP emissions; alterations to the production process to reduce the volume of materials released to the environment; equipment modifications; housekeeping measures; and in-process recycling that returns waste materials directly to production as raw materials. Production cutbacks do not qualify as pollution prevention. (2) The emission reduction efficiency of pollution prevention measures implemented after November 15, 1990, may be used in calculating the actual emissions from an emission point in the debit and credit equations in paragraphs (g) and (h) of this section. (i) For pollution prevention measures, the percent reduction is used in the equations in paragraphs (g)(2) through (g)(7) of this section and paragraphs (h)(2) through (h)(7) of this section is the percent difference between the monthly organic HAP emissions for each emission point after the pollution prevention measure for the most recent month versus monthly emissions from the same emission point before the pollution prevention measure, adjusted by the volume of product produced during the two monthly periods. (ii) Equation 52 shall be used to calculate the percent reduction of a pollution prevention measure for each emission point. where: Percent reduction = Efficiency of pollution prevention measure (percent organic HAP reduction). E B E pp P B B P pp (A) The monthly emissions before the pollution prevention measure, E B (B) For wastewater, E B (C) If the pollution prevention measure was implemented prior to September 5, 1996, records may be used to determine E B (D) The monthly emissions after the pollution prevention measure, E pp (E) For wastewater, E pp (iii) All equations, calculations, test procedures, test results, and other information used to determine the percent reduction achieved by a pollution prevention measure for each emission point shall be fully documented. (iv) The same pollution prevention measure may reduce emissions from multiple emission points. In such cases, the percent reduction in emissions for each emission point shall be calculated. (v) For the purposes of the equations in paragraphs (h)(2) through (h)(7) of this section, used to calculate credits for emission points controlled more stringently than the reference control technology or standard, the nominal efficiency of a pollution prevention measure is equivalent to the percent reduction of the pollution prevention measure. When a pollution prevention measure is used, the owner or operator of an affected source is not required to apply to the Administrator for a nominal efficiency and is not subject to paragraph (i) of this section. (k) The owner or operator shall demonstrate that the emissions from the emission points proposed to be included in the emissions average will not result in greater hazard, or at the option of the Administrator, greater risk to human health or the environment than if the emission points were controlled according to the provisions in §§ 63.484, 63.485, 63.486, 63.493, and 63.501. (1) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the Administrator. (i) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination. (ii) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use. (2) Owners and operators shall provide documentation demonstrating the hazard or risk equivalency of their proposed emissions average in their operating permit application or in their Emissions Averaging Plan if an operating permit application has not yet been submitted. (3) An Emissions Averaging Plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the Emissions Averaging Plan as are necessary in order to ensure that the emissions average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.484, 63.485, 63.486, 63.493, and 63.501. (4) A hazard or risk equivalency demonstration shall: (i) Be a quantitative, bona fide chemical hazard or risk assessment; (ii) Account for differences in chemical hazard or risk to human health or the environment; and (iii) Meet any requirements set by the Administrator for such demonstrations. (l) For periods of monitoring excursions, an owner or operator may request that the provisions of paragraphs (l)(1) through (l)(4) of this section be followed instead of the procedures in paragraphs (f)(2)(i) and (f)(2)(ii) of this section. (1) The owner or operator shall notify the Administrator of monitoring excursions in the Periodic Reports as required in § 63.506(e)(6). (2) The owner or operator shall demonstrate that other types of monitoring data or engineering calculations are appropriate to establish that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. This demonstration shall be made to the Administrator's satisfaction, and the Administrator may establish procedures for demonstrating compliance that are acceptable. (3) The owner or operator shall provide documentation of the excursion and the other types of monitoring data or engineering calculations to be used to demonstrate that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. (4) The Administrator may assign full or partial credit and debits upon review of the information provided. (m) For each emission point included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for Group 1 emission points complying with §§ 63.484, 63.485, 63.486, 63.493, and 63.501, as applicable. If back-end process operations are included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for back-end process operations complying with § 63.493. The specific requirements for continuous front-end process vents, batch front-end process vents, aggregate batch vent streams, storage vessels, back-end process operations, and wastewater are identified in paragraphs (m)(1) through (m)(6) of this section. (1) For each continuous front-end process vent equipped with a flare, incinerator, boiler, or process heater, as appropriate to the control technique: (i) Determine whether the continuous front-end process vent is Group 1 or Group 2 according to the procedures specified in § 63.115 and as required by § 63.485; (ii) Conduct initial and subsequent performance tests to determine percent reduction as specified in § 63.116 and as required by § 63.485; and (iii) Monitor the operating parameters, keep records, and submit reports as specified in §§ 63.114, 63.117(a), and 63.118(a) and (f), as required, for the specific control device as required by § 63.485. (2) For each continuous front-end process vent equipped with a carbon adsorber, absorber, or condenser but not equipped with a control device, as appropriate to the control technique: (i) Determine the flow rate, organic HAP concentration, and TRE index value according to the procedures specified in § 63.115, except as specified in § 63.113(a)(4) and § 63.485(x); and (ii) Monitor the operating parameters, keep records, and submit reports according to the procedures specified in §§ 63.114, 63.117(a), and 63.118(b) and (f), as required, for the specific recovery device, and as required by § 63.485. (3) For each storage vessel controlled with an internal floating roof, external roof, or a closed vent system with a control device, as appropriate to the control technique: (i) Perform the monitoring or inspection procedures according to the procedures specified in § 63.120, and as required by § 63.484; (ii) Perform the reporting and recordkeeping procedures according to the procedures specified in §§ 63.122 and 63.123, and as required by § 63.484; and (iii) For closed vent systems with control devices, conduct an initial design evaluation and submit an operating plan according to the procedures specified in § 63.120(d) and § 63.122(b), and as required by § 63.484. (4) For back-end process operations included in an emissions average: (i) If stripping technology, and no control or recovery device, is used to reduce back-end process operation emissions, the owner or operator shall implement the following portions of this subpart: (A) Paragraphs (b)(1), (b)(2), and (b)(3) of § 63.495, paragraph (b) of § 63.498, and the applicable provisions of § 63.499, or (B) Paragraphs (c) (1), (2), and (3) of § 63.495, paragraph (c) of § 63.498, and the applicable provisions of § 63.499; (ii) If a control or recovery device is used to reduce back-end process operation emissions, the owner or operator of the affected source shall comply with §§ 63.496, 63.497, 63.498(d), and the applicable provisions of 63.499, and shall implement the provisions of these sections. (5) For wastewater emission points, as appropriate to the control techniques: (i) For wastewater treatment processes, conduct tests according to the procedures specified in § 63.138(i) and (j), and as required by § 63.501; (ii) Conduct inspections and monitoring according to the procedures specified in § 63.143, and as required by § 63.501; (iii) Implement a recordkeeping program according to the procedures specified in § 63.147, and as required by § 63.501; and (iv) Implement a reporting program according to the procedures specified in § 63.146, and as required by § 63.501. (6) For each batch front-end process vent and aggregate batch vent stream equipped with a control device, as appropriate to the control technique: (i) Determine whether the batch front-end process vent or aggregate batch vent stream is Group 1 or Group 2 according to the procedures specified in § 63.488; (ii) Conduct performance tests according to the procedures specified in § 63.490; (iii) Conduct monitoring according to the procedures specified in § 63.489; and (iv) Perform the recordkeeping and reporting procedures according to the procedures specified in §§ 63.491 and 63.492. (7) If an emission point in an emissions average is controlled using a pollution prevention measure or a device or technique for which no monitoring parameters or inspection procedures are required by §§ 63.484, 63.485, 63.486, 63.493, or § 63.501, the owner or operator shall submit the information specified in § 63.506(f) for alternate monitoring parameters or inspection procedures in the Emissions Averaging Plan or operating permit application. (n) Records of all information required to calculate emission debits and credits shall be retained for 5 years. (o) Precompliance Reports, Emission Averaging Plans, Notifications of Compliance Status, Periodic Reports, and other reports shall be submitted as required by § 63.506. [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11543, Mar. 9, 1999; 65 FR 38071, June 19, 2000; 76 FR 22592, Apr. 21, 2011; 89 FR 43255, May 16, 2024] § 63.504 Additional requirements for performance testing. (a) Performance testing shall be conducted in accordance with § 63.7(a)(1), (a)(3), (d), (e)(1) and (2), (e)(4), (g), and (h), with the exceptions specified in paragraphs (a)(1) through (5) of this section and the additions specified in paragraph (b) of this section. Sections 63.484 through 63.501 also contain specific testing requirements. Beginning no later than the compliance dates specified in § 63.481(n), conduct subsequent performance tests no later than 60 calendar months after the previous performance test. (1) Except as specified in paragraph (a)(1)(iii) of this section, performance tests shall be conducted at maximum representative operating conditions achievable during one of the time periods described in paragraph (a)(1)(i) of this section, without causing any of the situations described in paragraph (a)(1)(ii) of this section to occur. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (i) The 6-month period that ends 2 months before the Notification of Compliance Status is due, according to § 63.506(e)(5); or the 6-month period that begins 3 months before the performance test and ends 3 months after the performance test. (ii) Causing damage to equipment; necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or necessitating that the owner or operator make product in excess of demand. (iii) Beginning no later than the compliance dates specified in § 63.481(n), paragraphs (a)(1)(i) and (ii) of this section no longer applies and instead the owner or operator must conduct performance tests under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (2) References in § 63.7(g) to the Notification of Compliance Status requirements in § 63.9(h) shall refer to the requirements in § 63.506(e)(5). (3) Because the site-specific test plans in § 63.7(c)(3) are not required, § 63.7(h)(4)(ii) is not applicable. (4) The owner or operator shall notify the Administrator of the intent to conduct a performance test at least 30 days before the performance test is scheduled, to allow the Administrator the opportunity to have an observer present during the test. If after 30 days notice for an initially scheduled performance test, there is a delay (due to operational problems, etc.) in conducting the scheduled performance test, the owner or operator of an affected facility shall notify the Administrator as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the Administrator by mutual agreement. (5) Performance tests shall be performed no later than 150 days after the compliance dates specified in this subpart (i.e., in time for the results to be included in the Notification of Compliance Status), rather than according to the time periods in § 63.7(a)(2). (b) Data shall be reduced in accordance with the EPA approved methods specified in the applicable subpart or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301, 40 CFR part 63, appendix A. (c) Except as specified in paragraph (c)(4) of this section, notwithstanding any other provision of this subpart, if an owner or operator of an affected source uses a flare to comply with any of the requirements of this subpart, the owner or operator shall comply with paragraphs (c)(1) through (3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. If a compliance demonstration has been conducted previously for a flare, using the techniques specified in paragraphs (c)(1) through (3) of this section, that compliance demonstration may be used to satisfy the requirements of this paragraph if either no deliberate process changes have been made since the compliance demonstration, or the results of the compliance demonstration reliably demonstrate compliance despite process changes. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4); (2) Determine the net heating value of the gas being combusted, using the techniques specified in § 63.11(b)(6); and (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. (4) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), paragraphs (c)(1) through (c)(3) of this section no longer apply and instead the owner or operator of the affected source must comply with § 63.508 for the flare. [65 FR 38073, June 19, 2000, as amended at 76 FR 22592, Apr. 21, 2011; 89 FR 43256, May 16, 2024] § 63.505 Parameter monitoring levels and excursions. (a) Establishment of parameter monitoring levels. (1) The owner or operator shall operate control and recovery devices such that the daily average of monitored parameters remains above the minimum established level or below the maximum established level, except as otherwise stated in this subpart. (2) As specified in § 63.506(e)(5), all established levels, along with their supporting documentation and the definition of an operating day, shall be submitted as part of the Notification of Compliance Status. (3) Nothing in this section shall be construed to allow a monitoring parameter excursion caused by an activity that violates other applicable provisions of subpart A, F, G, or H of this part. (b) Establishment of parameter monitoring levels based exclusively on performance tests. (1) [Reserved] (2) Back-end process operations using a control or recovery device to comply with §§ 63.493 through 63.500 and continuous front-end process vents. (3) Batch front-end process vents. (i) If more than one batch emission episode or more than one portion of a batch emission episode has been selected to be controlled, a single level for the batch cycle shall be calculated as follows: (A) The average monitored parameter value shall be calculated for each batch emission episode, or portion thereof, in the batch cycle selected to be controlled. The average shall be based on all values measured during the required performance test. (B) If the level to be established is a maximum operating parameter, the level shall be defined as the minimum of the average parameter values of the batch emission episodes, or portions thereof, in the batch cycle selected to be controlled ( i.e., (C) If the level to be established is a minimum operating parameter, the level shall be defined as the maximum of the average parameter values of the batch emission episodes, or portions thereof, in the batch cycle selected to be controlled ( i.e., (D) Alternatively, an average monitored parameter value shall be calculated for the entire batch cycle based on all values measured during each batch emission episode, or portion thereof, selected to be controlled. (ii) Instead of establishing a single level for the batch cycle, as described in paragraph (b)(3)(i) of this section, an owner or operator may establish separate levels for each batch emission episode, or portion thereof, selected to be controlled. Each level shall be determined as specified in paragraph (b)(3)(i)(A) of this section. (iii) The batch cycle shall be defined in the Notification of Compliance Status, as specified in § 63.506(e)(5). The definition shall include an identification of each batch emission episode and the information required to determine parameter monitoring compliance for partial batch cycles ( i.e., (4) Aggregate batch vent streams. (5) Batch front-end process vents and aggregate batch vent streams testing for dioxins and furans. (c) Establishment of parameter monitoring levels based on performance tests, supplemented by engineering assessments and/or manufacturer's recommendations. (d) Establishment of parameter monitoring based on engineering assessments and/or manufacturer's recommendations. (e) Demonstration of compliance with back-end process provisions using stripper parameter monitoring. (1) For each grade, the owner or operator shall calculate the residual organic HAP content using the procedures in paragraphs (e)(1)(i) and (e)(1)(ii) of this section. (i) The location of the sampling shall be in accordance with § 63.495(d). (ii) The residual organic HAP content in each sample is to be determined using Methods specified in § 63.495(e). (2) For each grade, the owner or operator shall establish stripper operating parameter levels that represent stripper operation during the residual organic HAP content determination in paragraph (e)(1) of this section. The stripper operating parameters shall include, at a minimum, temperature, pressure, steaming rates (for steam strippers), and some parameter that is indicative of residence time. (3) After the initial determinations, an owner or operator may add a grade, with corresponding stripper parameter levels, using the procedures in paragraphs (e)(1) and (e)(2) of this section. The results of this determination shall be submitted in the next periodic report. (4) An owner or operator complying with the residual organic HAP limitations in paragraphs (a)(1) through (3) of § 63.494 using stripping, and demonstrating compliance by stripper parameter monitoring, shall redetermine the residual organic HAP content for all affected grades whenever process changes are made. For the purposes of this section, a process change is any action that would reasonably be expected to impair the performance of the stripping operation. For the purposes of this section, examples of process changes may include changes in production capacity or production rate, or removal or addition of equipment. For purposes of this paragraph, process changes do not include: Process upsets; unintentional, temporary process changes; or changes that reduce the residual organic HAP content of the elastomer. (f) [Reserved] (g) Parameter monitoring excursion definitions. (i) When the daily average value of one or more monitored parameters is above the maximum level or below the minimum level established for the given parameters. (ii) When the period of control or recovery device operation, with the exception noted in paragraph (g)(1)(v) of this section, is 4 hours or greater in an operating day and monitoring data are insufficient, as defined in paragraph (g)(1)(iv) of this section, to constitute a valid hour of data for at least 75 percent of the operating hours. (iii) When the period of control or recovery device operation, with the exception noted in paragraph (g)(1)(v) of this section, is less than 4 hours in an operating day and more than two of the hours during the period of operation do not constitute a valid hour of data due to insufficient monitoring data, as defined in paragraph (g)(1)(iv) of this section. (iv) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (g)(1)(ii) and (g)(1)(iii) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. For data compression systems approved under § 63.506(g)(3), monitoring data are insufficient to calculate a valid hour of data if there are less than four data measurements made during the hour. (v) The periods listed in paragraphs (g)(1)(v)(A) through (g)(1)(v)(E) of this section are not considered to be part of the period of control or recovery device operation, for the purposes of paragraphs (g)(1)(ii) and (g)(1)(iii) of this section. (A) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (B) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (2) With respect to batch front-end process vents, an excursion means one of the two cases listed in paragraphs (g)(2)(i) and (g)(2)(ii) of this section. For a control device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria in either paragraph (g)(2)(i) or (g)(2)(ii) of this section, this is considered a single excursion for the control device. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart, except as provided in paragraph (i) of this section. (i) When the batch cycle daily average value of one or more monitored parameters is above the maximum or below the minimum established level for the given parameters. (ii) When monitoring data are insufficient for an operating day. Monitoring data shall be considered insufficient when measured values are not available for at least 75 percent of the 15-minute periods when batch emission episodes selected to be controlled are being vented to the control device during the operating day, using the procedures specified in paragraphs (g)(2)(ii)(A) through (g)(2)(ii)(D) of this section. (A) Determine the total amount of time during the operating day when batch emission episodes selected to be controlled are being vented to the control device. (B) Except as specified in paragraph (g)(2)(ii)(B)( 5 1 4 ( 1 ( 2 ( 3 ( 4 ( 5 1 4 (C) Determine the total number of 15-minute periods in the operating time used to determine if monitoring data are insufficient, as was determined in accordance with paragraph (g)(2)(ii)(B) of this section. (D) If measured values are not available for at least 75 percent of the total number of 15-minute periods determined in paragraph (g)(2)(ii)(C) of this section, the monitoring data are insufficient for the operating day. (3) For storage vessels where the applicable monitoring plan does not specify continuous monitoring, an excursion is defined in paragraph (g)(3)(i) or (ii) of this section, as applicable. For a control or recovery device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria, this is considered a single excursion for the control or recovery device. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart, except as provided in paragraph (i) of this section. (i) If the monitoring plan specifies monitoring a parameter and recording its value at specific intervals (such as every 15 minutes or every hour), either of the cases listed in paragraph (g)(3)(i)(A) or (g)(3)(i)(B) of this section is considered a single excursion for the control device. (A) When the average value of one or more parameters, averaged over the duration of the filling period for the storage vessel, is above the maximum level or below the minimum level established for the given parameters. (B) When monitoring data are insufficient. Monitoring data shall be considered insufficient when measured values are not available for at least 75 percent of the specific intervals at which parameters are to be monitored and recorded, according to the storage vessel's monitoring plan, during the filling period for the storage vessel. (ii) If the monitoring plan does not specify monitoring a parameter and recording its value at specific intervals (for example, if the relevant operating requirement is to exchange a disposable carbon canister before expiration of its rated service life), the monitoring plan shall define an excursion in terms of the relevant operating requirement. (h) Excursion definitions for back-end operations complying through stripping. (i) When the monthly weighted average residual organic HAP content is above the applicable residual organic HAP limitation in § 63.494; or (ii) When less than 75 percent of the samples required in 1 month are taken and analyzed in accordance with the provisions of § 63.495(b). (2) With respect to back-end process operations complying through the use of stripping technology, and demonstrating compliance by stripper parameter monitoring, an excursion means one of the three cases listed in paragraphs (h)(2)(i), (h)(2)(ii), and (h)(2)(iii) of this section. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart, except as provided in paragraph (i) of this section. (i) When the monthly weighted average residual organic HAP content is above the applicable residual organic HAP limitation in § 63.494; (ii) When an owner or operator fails to sample and analyze the organic HAP content of a sample for a grade with an hourly average stripper operating parameter value not in accordance with the established monitoring parameter levels for that parameter; or (iii) When an owner or operator does not collect sufficient monitoring data for at least 75 percent of the grades or batches processed during a month. Stripper monitoring data are considered insufficient if monitoring parameters are obtained for less than 75 percent of the 15-minute periods during the processing of a grade, and a sample of that grade or batch is not taken and analyzed to determine the residual organic HAP content. (i) Excused excursions. (1) For the first semiannual period—six excused excursions. (2) For the second semiannual period—five excused excursions. (3) For the third semiannual period—four excused excursions. (4) For the fourth semiannual period—three excused excursions. (5) For the fifth semiannual period—two excused excursions. (6) For the sixth and all subsequent semiannual periods—one excused excursion. (j) Excursion definition for back-end operations subject to § 63.494(a)(4). [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 FR 38074, June 19, 2000; 76 FR 22592, Apr. 21, 2011; 89 FR 43257, May 16, 2024] § 63.506 General recordkeeping and reporting provisions. (a) Data retention. (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provide access within 2 hours after a request. The remaining 4 and one-half years of records may be retained offsite. Records may be maintained in hard copy or computer-readable form including, but not limited to, on microfilm, computer, floppy disk, magnetic tape, or microfiche. (2) If an owner or operator submits copies of reports to the appropriate EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of those reports. (b) Subpart A requirements. (1) Malfunction records. i.e., (i) Records of start-up, shutdown, and malfunction. (A) Records of the occurrence and duration of each start-up, shutdown, and malfunction of operation of process equipment or control devices or recovery devices or continuous monitoring systems used to comply with this subpart during which excess emissions occur. (B) For each start-up, shutdown, or malfunction during which excess emissions occur, records reflecting whether the procedures specified in the affected source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. For example, if a start-up, shutdown, and malfunction plan includes procedures for routing a control device to a backup control device, records shall be kept of whether the plan was followed. These records may take the form of a “checklist,” or other form of recordkeeping that confirms conformance with the start-up, shutdown, and malfunction plan for the event. (C) Records specified in paragraphs (b)(1)(i)(A) and (B) of this section are not required if they pertain solely to Group 2 emission points that are not included in an emissions average. (D) On and after July 15, 2027, paragraphs (b)(1)(i)(A) through (b)(1)(i)(C) no longer apply; however, for historical compliance purposes, a copy of these records must be retained and available on-site for five years after July 15, 2027. (ii) Reports of start-up, shutdown, and malfunction. (2) Application for approval of construction or reconstruction. (c) [Reserved] (d) Recordkeeping and documentation. (1) The monitoring system shall measure data values at least once every 15 minutes. (2) The owner or operator shall record either each measured data value or block average values for 1 hour or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. Owners or operators of batch front-end process vents shall record each measured data value. (3) Daily average (or batch cycle daily average) values of each continuously monitored parameter shall be calculated for each operating day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this section, except as specified in paragraphs (d)(6) and (d)(7) of this section. (i) The daily average value or batch cycle daily average shall be calculated as the average of all parameter values recorded during the operating day, except as specified in paragraph (d)(7) of this section. For batch front-end process vents, as specified in § 63.491(e)(2)(i), only parameter values measured during those batch emission episodes, or portions thereof, in the batch cycle that the owner or operator has chosen to control shall be used to calculate the average. The calculated average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous. (ii) The operating day shall be the period that the owner or operator specifies in the operating permit or the Notification of Compliance Status for purposes of determining daily average values or batch cycle daily average values of monitored parameters. (4)-(5) [Reserved] (6) Records required when all recorded values are within the established limits. (7) Monitoring data recorded during periods identified in paragraphs (d)(7)(i) and (ii) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device or recovery device operation when monitors are not operating. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (8) For continuous monitoring systems used to comply with this subpart, records documenting the completion of calibration checks, and records documenting the maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or that are specified in other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (9) The owner or operator of an affected source granted a waiver under § 63.10(f) shall maintain the information, if any, specified by the Administrator as a condition of the waiver of recordkeeping or reporting requirements. (e) Reporting and notification. (1) Owners and operators shall not be in violation of the reporting requirements of this subpart for failing to submit information required to be included in a specified report if the owner or operator meets the requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this section. Examples of circumstances where this paragraph may apply include information related to newly-added equipment or emission points, changes in the process, changes in equipment required or utilized for compliance with the requirements of this subpart, or changes in methods or equipment for monitoring, recordkeeping, or reporting. (i) The information was not known in time for inclusion in the report specified by this subpart; (ii) The owner or operator has been diligent in obtaining the information; and (iii) The owner or operator submits a report according to the provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this section. (A) If this subpart expressly provides for supplements to the report in which the information is required, the owner or operator shall submit the information as a supplement to that report. The information shall be submitted no later than 60 days after it is obtained, unless otherwise specified in this subpart. (B) If this subpart does not expressly provide for supplements, but the owner or operator must submit a request for revision of an operating permit pursuant to part 70 or part 71, due to circumstances to which the information pertains, the owner or operator shall submit the information with the request for revision to the operating permit. (C) In any case not addressed by paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of this section, the owner or operator shall submit the information with the first Periodic Report, as required by this subpart, which has a submission deadline at least 60 days after the information is obtained. (2) All reports required under this subpart shall be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media. (3) Precompliance Report. (i) Submittal dates. (ii) A request for an extension for compliance, as specified in § 63.481(e), may be submitted in the Precompliance Report. The request for a compliance extension shall include the data outlined in § 63.6(i)(6)(i)(A), (B), and (D), as required in § 63.481(e)(1). (iii) The alternative monitoring parameter information required in paragraph (f) of this section shall be submitted in the Precompliance Report if, for any emission point, the owner or operator of an affected source seeks to comply through the use of a control technique other than those for which monitoring parameters are specified in this subpart or in subpart G of this part, or seeks to comply by monitoring a different parameter than those specified in this subpart or in subpart G of this part. (iv) If the affected source seeks to comply using alternative continuous monitoring and recordkeeping as specified in paragraph (g) of this section, the owner or operator shall submit a request for approval in the Precompliance Report. (v) The owner or operator shall report the intent to use alternative controls to comply with the provisions of this subpart in the Precompliance Report. The Administrator may deem alternative controls to be equivalent to the controls required by the standard, under the procedures outlined in § 63.6(g). (vi) If a request for approval to use engineering assessment to estimate emissions from a batch emissions episode, as described in § 63.488(b)(6)(i)(C) is being made, the information required by § 63.488(b)(6)(iii)(B) shall be submitted in the Precompliance Report. (vii) If an owner or operator establishes parameter monitoring levels according to the procedures contained in § 63.505(c) or (d), the following information shall be submitted in the Precompliance Report: (A) Identification of which procedures (i.e., § 63.505(c) or (d)) are to be used; and (B) A description of how the parameter monitoring level is to be established. If the procedures in § 63.505(c) are to be used, a description of how performance test data will be used shall be included. (viii) [Reserved] (ix) Supplements to the Precompliance Report may be submitted as specified in paragraph (e)(3)(ix)(A), or (e)(3)(ix)(B) of this section. Unless the Administrator objects to a request submitted in a supplement to the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. (A) Supplements to the Precompliance Report may be submitted to clarify or modify information previously submitted. (B) Supplements to the Precompliance Report may be submitted to request approval to use alternative monitoring parameters, as specified in paragraph (e)(3)(iii) of this section; to use alternative continuous monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of this section; to use alternative controls, as specified in paragraph (e)(3)(v) of this section; to use engineering assessment to estimate emissions from a batch emissions episode, as specified in paragraph (e)(3)(vi) of this section; or to establish parameter monitoring levels according to the procedures contained in § 63.505(c) or (d), as specified in paragraph (e)(3)(vii) of this section. (4) Emissions Averaging Plan. (i) Submittal and approval. (ii) Information required. (A) The required information shall include the identification of all emission points and process back-end operations in the planned emissions average and, where applicable, notation of whether each storage vessel, continuous front-end process vent, batch front-end process vent, aggregate batch vents stream, and process wastewater stream is a Group 1 or Group 2 emission point, as defined in § 63.482 or as designated under § 63.503(c)(2). (B) The required information shall include the projected emission debits and credits for each emission point and the sum for the emission points involved in the average calculated according to § 63.503. The projected credits shall be greater than or equal to the projected debits, as required under § 63.503(e)(3). (C) The required information shall include the specific control technology or pollution prevention measure that will be used for each emission point included in the average and date of application or expected date of application. (D) The required information shall include the specific identification of each emission point affected by a pollution prevention measure. To be considered a pollution prevention measure, the criteria in § 63.503(j)(1) shall be met. If the same pollution prevention measure reduces or eliminates emissions from multiple emission points in the average, the owner or operator shall identify each of these emission points. (E) The required information shall include a statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in § 63.503(m), (n), and (o) that are applicable to each emission point in the emissions average will be implemented beginning on or before the date of compliance. (F) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(F)( 1 5 ( 1 6 ( 2 2 ( 3 ( 4 ( 5 ( 6 1 (G) The information specified in paragraph (f) of this section shall be included in the Emissions Averaging Plan for: ( 1 ( 2 (H) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(H)( 1 4 ( 1 ( 2 2 ( 3 ( i ( ii ( iii ( 4 ( i ( ii (I) For each pollution prevention measure, treatment process, or control device used to reduce air emissions of organic HAP from wastewater and for which no monitoring parameters or inspection procedures are specified in § 63.143, the information specified in paragraph (f) of this section (Alternative Monitoring Parameters) shall be included in the Emissions Averaging Plan. (J) The required information shall include documentation of the data required by estimated values of all parameters needed for input to the emission debit and credit calculations in § 63.503(g) and (h) for each process back-end operation included in an emissions average. These values shall be specified in the affected source's Emissions Averaging Plan (or operating permit) as enforceable operating conditions. Changes to these parameters shall be reported as required by paragraph (e)(4)(iv)(B)( 2 (K) The required information shall include documentation of the information required by § 63.503(k). The documentation shall demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the Administrator, greater risk to human health or the environment than if the emission points were not included in an emissions average. (L) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(L)( 1 3 ( 1 ( 2 ( 3 (M) For each pollution prevention measure or control device used to reduce air emissions of organic HAP from batch front-end process vents or batch vent streams and for which no monitoring parameters or inspection procedures are specified in § 63.489, the information specified in paragraph (f) of this section, Alternative Monitoring Parameters, shall be included in the Emissions Averaging Plan. (N) The required information shall include documentation of the data required by § 63.503(k). The documentation shall demonstrate that the emissions from the emission points proposed to be included in the emissions average will not result in greater hazard or, at the option of the Administrator, greater risk to human health or the environment than if the emission points were not included in an emissions average. (iii) Supplement to Emissions Averaging Plan. (iv) Updates to Emissions Averaging Plan. (A) The owner or operator who plans to make a change listed in either paragraph (e)(4)(iv)(A)( 1 2 ( 1 ( 2 (B) The owner or operator who has made a change as defined in paragraph (e)(4)(iv)(B)( 1 2 ( 1 ( 2 (C) The Administrator shall approve or request changes to the Emissions Averaging Plan update within 120 days of receipt of sufficient information regarding the change for emission points included in emissions averages. (5) Notification of Compliance Status. (i) The results of any emission point group determinations, process section applicability determinations, performance tests, inspections, any other information used to demonstrate compliance, values of monitored parameters established during performance tests, and any other information required to be included in the Notification of Compliance Status under §§ 63.122 and 63.484 for storage vessels, § 63.117 for continuous front-end process vents, § 63.492 for batch front-end process vents, § 63.499 for back-end process operations, § 63.146 for process wastewater, and § 63.503 for emission points included in an emissions average. In addition, the owner or operator of an affected source shall comply with paragraphs (e)(5)(i)(A) and (B) of this section. (A) For performance tests, group determinations, and process section applicability determinations that are based on measurements, the Notification of Compliance Status shall include one complete test report, except as specified in paragraph (e)(5)(i)(B) of this section, for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other information, from the test report, that is requested on a case-by-case basis by the Administrator shall be submitted, but a complete test report is not required. (B) If the performance test results have been submitted electronically via the Compliance and Emissions Data Reporting Interface (CEDRI) in accordance with paragraph (i) of this section, the unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Notification of Compliance Status in lieu of the performance test report. The performance test results must be submitted to CEDRI by the date the Notification of Compliance Status is submitted. A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (ii) For each monitored parameter for which a maximum or minimum level is required to be established under § 63.114(e) and § 63.485(k) for continuous front-end process vents, § 63.489 for batch front-end process vents and aggregate batch vent streams, § 63.497 for back-end process operations, § 63.143(f) for process wastewater, § 63.503(m) for emission points in emissions averages, paragraph (e)(8) of this section, or paragraph (f) of this section, the information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(E) of this section shall be submitted in the Notification of Compliance Status, unless this information has been established and provided in the operating permit application. Further, as described in § 63.484(k), for those storage vessels for which the monitoring plan required by § 63.484(k) specifies compliance with the provisions of § 63.505, the owner or operator shall provide the information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each monitoring parameter, unless this information has been established and provided in the operating permit application. For those storage vessels for which the monitoring plan required by § 63.484(k) does not require compliance with the provisions of § 63.505, the owner or operator shall provide the information specified in § 63.120(d)(3) as part of the Notification of Compliance Status, unless this information has been established and provided in the operating permit application. (A) The required information shall include the specific maximum or minimum level of the monitored parameter(s) for each emission point. (B) The required information shall include the rationale for the specific maximum or minimum level for each parameter for each emission point, including any data and calculations used to develop the level and a description of why the level indicates proper operation of the control device. (C) The required information shall include a definition of the affected source's operating day, as specified in paragraph (d)(3)(ii) of this section, for purposes of determining daily average values of monitored parameters. (D) For batch front-end process vents, the required information shall include a definition of each batch cycle that requires the control of one or more batch emission episodes during the cycle, as specified in § 63.490(c)(2) and 63.505(b)(3)(iii). (E) The required information shall include a definition of the affected source's operating month for the purposes of determining monthly average values of residual organic HAP. (iii) For emission points included in an emissions average, the Notification of Compliance Status shall contain the values of all parameters needed for input to the emission credit and debit equations in § 63.503(g) and (h), calculated or measured according to the procedures in § 63.503(g) and (h), and the resulting calculation of credits and debits for the first quarter of the year. The first quarter begins on the compliance date specified. (iv) [Reserved] (v) The determination of applicability for flexible operation units as specified in § 63.480(f). (vi) The parameter monitoring levels for flexible operation units, and the basis on which these levels were selected, or a demonstration that these levels are appropriate at all times, as specified in § 63.480(f)(7). (vii) The results for each predominant use determination made under § 63.480(g), for storage vessels assigned to an affected source subject to this subpart. (viii) The results for each predominant use determination made under § 63.480(h) for recovery operations equipment assigned to an affected source subject to this subpart. (ix) For owners and operators of Group 2 batch front-end process vents establishing a batch mass input limitation, as specified in § 63.490(f), the affected source's operating year for purposes of determining compliance with the batch mass input limitation. (x) If any emission point is subject to this subpart and to other standards as specified in § 63.481(k), and if the provisions of § 63.481(k) allow the owner or operator to choose which testing, monitoring, reporting, and recordkeeping provisions will be followed, then the Notification of Compliance Status shall indicate which rule's requirements will be followed for testing, monitoring, reporting, and recordkeeping. (xi) An owner or operator who transfers a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream for treatment pursuant to § 63.132(g) shall include in the Notification of Compliance Status the name and location of the transferee and a description of the Group 1 wastewater stream or residual sent to the treatment facility. (xii) An owner or operator complying with paragraph (h)(1) of this section shall notify the Administrator of the election to comply with paragraph (h)(1) of this section as part of the Notification of Compliance Status, or as part of the appropriate Periodic Report, as specified in paragraph (e)(6)(ix) of this section. (xiii) For flares subject to the requirements in § 63.508, owners and operators must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for flare monitoring. The supplement to the Notification of Compliance Status must include flare design ( e.g., (6) Periodic Reports. https://www.epa.gov/electronic-reporting-air-emissions/cedri (i) Except as specified in paragraphs (e)(6)(xi) and (xii) of this section, a report containing the information in paragraph (e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (x) and (xiii) of this section, as appropriate, shall be submitted semiannually no later than 60 days after the end of each 6-month period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due. All periodic reports must contain the company name and address (including county), as well as the beginning and ending dates of the reporting period. (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) through (ix) or (xiii) of this section occurred during the 6-month period, the Periodic Report required by paragraph (e)(6)(i) of this section shall be a statement that there were no compliance exceptions as described in this paragraph for the 6-month period covered by that report and that none of the activities specified in paragraphs (e)(6)(iii) through (ix) or (xiii) of this section occurred during the 6-month period covered by that report. (iii) For an owner or operator of an affected source complying with the provisions of §§ 63.484 through 63.501 for any emission point, Periodic Reports shall include: (A) All information specified in § 63.122(a)(4) for storage vessels, §§ 63.117(a)(3) and 63.118(f) and 63.485(s)(5) for continuous front-end process vents, § 63.492 for batch front-end process vents and aggregate batch vent streams, § 63.499 for back-end process operations, § 63.104(f)(2) for heat exchange systems, and § 63.146(c) through (g) for process wastewater. (B) The daily average values or batch cycle daily average values of monitored parameters for all excursions, as defined in § 63.505(g) and (h). For excursions caused by lack of monitoring data, the start date and time and duration (in hours) of periods when monitoring data were not collected shall be specified. (C) For each affected source as described in § 63.480, beginning no later than the compliance dates specified in § 63.481(n), for each excursion that is not an excused excursion, the report must include the date of the excursion, a list of the affected sources or equipment, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, the cause of the excursion (including unknown cause, if applicable), as applicable, and the corrective action taken. (D) The information in paragraphs (e)(6)(iii)(D)(1) through (5) of this section, as applicable: ( 1 ( 2 ( 3 ( i ( ii ( 4 ( 5 (E) The start date, start time, duration in hours, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.483(a), including actions taken to correct a malfunction. (iv) For each batch front-end process vent with a batch mass input limitation, every second Periodic Report shall include the mass of HAP or material input to the batch unit operation during the 12-month period covered by the preceding and current Periodic Reports, and a statement of whether the batch front-end process vent was in or out of compliance with the batch mass input limitation. (v) Except as specified in paragraph (i) of this section, if any performance tests are reported in a Periodic Report, the following information shall be included: (A) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (e)(5)(i)(B) of this section. (B) For additional tests performed for the same kind of emission point using the same method, results and any other information, pertaining to the performance test, that is requested on a case-by-case basis by the Administrator shall be submitted, but a complete test report is not required. (vi) Notification of a change in the primary product of an EPPU, in accordance with the provisions in § 63.480(f). This includes a change in primary product from one elastomer product to either another elastomer product or to a non-elastomer product. (vii) The results for each change made to a predominant use determination made under § 63.480(g) for a storage vessel that is assigned to an affected source subject to this subpart after the change. (viii) The results for each change made to a predominant use determination made under § 63.480(h) for recovery operations equipment assigned to an affected source subject to this subpart after the change. (ix) An owner or operator complying with paragraph (h)(1) of this section shall notify the Administrator of the election to comply with paragraph (h)(1) of this section as part of the Periodic Report or as part of the Notification of Compliance Status as specified in paragraph (e)(5)(xi) of this section. (x) An owner or operator electing not to retain daily average or batch cycle daily average values under paragraph (h)(2) of this section shall notify the Administrator as specified in paragraph (h)(2)(i) of this section. (xi) The owner or operator of an affected source shall submit quarterly reports for all emission points included in an emissions average as specified in paragraphs (e)(6)(xi)(A) through (C) of this section. (A) The quarterly reports shall be submitted no later than 60 days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status no later than 150 days after the compliance date. (B) The quarterly reports shall include the information specified in paragraphs (e)(6)(xi)(B)( 1 7 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (C) Every fourth quarterly report shall include the following: ( 1 ( 2 (xii) The owner or operator of an affected source shall submit quarterly reports for particular emission points and process sections not included in an emissions average as specified in paragraphs (e)(6)(xii)(A) through (D) of this section. (A) The owner or operator of an affected source shall submit quarterly reports for a period of 1 year for an emission point or process section that is not included in an emissions average if: ( 1 ( 2 (B) The quarterly reports shall include all information specified in paragraphs (e)(6)(iii) through (ix) of this section, as applicable to the emission point or process section for which quarterly reporting is required under paragraph (e)(6)(xii)(A) of this section. Information applicable to other emission points within the affected source shall be submitted in the semiannual reports required under paragraph (e)(6)(i) of this section. (C) Quarterly reports shall be submitted no later than 60 days after the end of each quarter. (D) After quarterly reports have been submitted for an emission point for 1 year without more excursions occurring (during that year) than the number of excused excursions allowed under § 63.505(i), the owner or operator may return to semiannual reporting for the emission point or process section. (xiii) The information specified in § 63.108(l)(2). (7) Other reports. (i) For storage vessels, the notifications of inspections required by § 63.484 shall be submitted, as specified in § 63.122(h)(1) and (h)(2). (ii) For owners or operators of affected sources required to request approval for a nominal control efficiency for use in calculating credits for an emissions average, the information specified in § 63.503(i) shall be submitted, as specified in paragraph (e)(7)(ii)(A) or (e)(7)(ii)(B) of this section, as appropriate. (A) If use of a nominal control efficiency is part of the initial Emissions Averaging Plan described in paragraph (e)(4)(ii) of this section, the information shall be submitted with the Emissions Averaging Plan. (B) If an owner or operator elects to use a nominal control efficiency after submittal of the initial Emissions Averaging Plan as described in paragraph (e)(4)(ii) of this section, the information shall be submitted at the discretion of the owner or operator. (iii) For back-end process operations using a control or recovery device to comply with §§ 63.493 through 63.500, the compliance redetermination report required by § 63.499(d) shall be submitted within 180 days after the process change. (iv) When the conditions of §§ 63.480(f)(3)(iii), (f)(9), or 63.480(f)(10)(iii) are met, reports of changes to the primary product for an EPPU or process unit, as required by §§ 63.480(f)(3)(iii), 63.480(f)(9), or 63.480(f)(10)(iii)(C), respectively, shall be submitted. (v) Owners or operators of EPPU or emission points (other than equipment leak components subject to § 63.502) that are subject to § 63.480(i)(1) or (i)(2) shall submit a report as specified in paragraphs (e)(7)(v)(A) and (B) of this section. (A) Reports shall include: ( 1 ( 2 ( 3 3 i iii ( i ( ii ( iii ( 4 (B) Reports shall be submitted as specified in paragraphs (e)(7)(v)(B)( 1 3 ( 1 ( 2 ( 3 (vi) For fenceline monitoring systems subject to § 63.184, each owner or operator must submit the Fenceline Monitoring Reports required by § 63.182(e) on a quarterly basis following the procedures specified in § 63.182(e). (8) Operating permit application. (i) The information specified in paragraph (e)(4) of this section for points included in an emissions average; and (ii) The information specified in paragraph (e)(3) of this section, Precompliance Report, as applicable. (f) Alternative monitoring parameters. (1) The required information shall include a description of the parameter(s) to be monitored to ensure the recovery device, control device, or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s). (2) The required information shall include a description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation, the schedule for this demonstration, and a statement that the owner or operator will establish a level for the monitored parameter as part of the Notification of Compliance Status report required in paragraph (e)(5) of this section, unless this information has already been included in the operating permit application. (3) The required information shall include a description of the proposed monitoring, recordkeeping, and reporting system, to include the frequency and content of monitoring, recordkeeping, and reporting. Further, the rationale for the proposed monitoring, recordkeeping, and reporting system shall be included if either condition in paragraph (f)(3)(i) or (f)(3)(ii) of this section is met: (i) If monitoring and recordkeeping is not continuous, or (ii) If reports of daily average values will not be included in Periodic Reports when the monitored parameter value is above the maximum level or below the minimum level as established in the operating permit or the Notification of Compliance Status. (g) Alternative continuous monitoring and recordkeeping. (1) The provisions in § 63.8(f)(5)(i) shall govern the review and approval of requests. (2) An owner or operator of an affected source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and that does not generate continuous records may request approval to use a nonautomated system with less frequent monitoring, in accordance with paragraphs (g)(2)(i) and (g)(2)(ii) of this section. (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average or batch cycle daily average values shall be calculated from these hourly values and recorded. (ii) The request shall contain: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the affected source does not have an automated monitoring and recording system; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control or recovery device operating conditions, considering typical variability of the specific process and control or recovery device operating parameter being monitored. (3) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency, but that records all values that meet set criteria for variation from previously recorded values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section. (i) The requested system shall be designed to: (A) Measure the operating parameter value at least once during every 15 minute period; (B) Except for the monitoring of batch front-end process vents, record at least four values each hour during periods of operation; (C) Record the date and time when monitors are turned off or on; (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident; (E) Calculate daily average or batch cycle daily average values of the monitored operating parameter based on all measured data; and (F) If the daily average is not an excursion, as defined in § 63.505 (g) or (h), the data for that operating day may be converted to hourly average values and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain: (A) A description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained; (B) The method for calculating daily averages and batch cycle daily averages; and (C) A demonstration that the system meets all criteria in paragraph (g)(3)(i) of this section. (4) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f)(4). (h) Reduced recordkeeping program. (1) The owner or operator may retain only the daily average or the batch cycle daily average value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An owner or operator electing to comply with the requirements of paragraph (h)(1) of this section shall notify the Administrator in the Notification of Compliance Status as specified in paragraph (e)(5)(xii) of this section, or, if the Notification of Compliance Status has already been submitted, in the Periodic Report immediately preceding implementation of the requirements of paragraph (h)(1) of this section, as specified in paragraph (e)(6)(ix) of this section. (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of normal operation (e.g., a temperature reading of −200 °C on a boiler), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this running average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (h)(1)(ii)(A) through (h)(1)(ii)(C) of this section. All instances in an operating day constitute a single occurrence. (A) The running average is above the maximum or below the minimum established limits; (B) The running average is based on at least six one-hour average values; and (C) The running average reflects a period of normal operation. (iii) The monitoring system is capable of detecting unchanging data during periods of normal operation, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (e.g., pH in some scrubbers), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph (h)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (h)(1) of this section, at the times specified in paragraphs (h)(1)(v)(A) through (h)(1)(v)(C) of this section. The owner or operator shall document that the required verifications occurred. (A) Upon initial installation. (B) Annually after initial installation. (C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the records identified in paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section. (A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of paragraph (h) of this section. (B) A description of the applicable monitoring system(s), and how compliance will be achieved with each requirement of paragraphs (h)(1)(i) through (h)(1)(v) of this section. The description shall identify the location and format (e.g., on-line storage, log entries) for each required record. If the description changes, the owner or operator shall retain both the current and the most recent superseded description. The description, and the most recent superseded description, shall be retained as provided in paragraph (a) of this section, except as provided in paragraph (h)(1)(vi)(D) of this section. (C) A description, and the date, of any change to the monitoring system that would reasonably be expected to impair its ability to comply with the requirements of paragraph (h)(1) of this section. (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain all superseded descriptions for at least 5 years after the date of their creation. Superseded descriptions shall be retained on-site (or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after their creation. Thereafter, superseded descriptions may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (h)(1) of this section for a monitored parameter with respect to an item of equipment and a period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator is no longer required to record the daily average or batch cycle daily average value, for any operating day when the daily average or batch cycle daily average value is less than the maximum, or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring accomplished during the period prior to the compliance date was required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average or batch cycle daily average values, the owner or operator shall notify the Administrator in the next Periodic Report as specified in paragraph (e)(6)(x) of this section. The notification shall identify the parameter and unit of equipment. (ii) If, on any operating day after the owner or operator has ceased recording daily average or batch cycle daily average values as provided in paragraph (h)(2) of this section, there is an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average or batch cycle daily average value for each operating day and shall notify the Administrator in the next Periodic Report. The owner or operator shall continue to retain each daily average or batch cycle daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section. (iii) The owner or operator shall retain the records specified in paragraphs (h)(1)(i) through (iii) of this section, for the duration specified in paragraph (h) of this section. For any calendar week, if compliance with paragraphs (h)(1)(i) through (iii) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of normal operation. (iv) For the purposes of paragraph (h) of this section, an excursion means that the daily average or batch cycle daily average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value, except as provided in paragraphs (h)(2)(iv)(A) and (h)(2)(iv)(B) of this section. (A) [Reserved] (B) An excused excursion, as described in § 63.505(i), shall not be considered an excursion for the purposes of paragraph (h)(2) of this section. (i)(1) Except as specified in paragraph (i)(3) of this section, as of January 1, 2012, and within 60 days after the date of completing each performance test, as defined in § 63.2 and as required in this subpart, you must submit performance test data, except opacity data, electronically to EPA's Central Data Exchange by using the Electronic Reporting Tool (ERT) (see http://www.epa.gov/ttn/chief/ert/erttool.html/ http://www.epa.gov/ttn/chief/ert/erttool.html/ (2) All reports required by this subpart not subject to the requirements in paragraphs (i)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (i)(1) of this section in paper format. (3) Beginning no later than July 15, 2024, owners and operators must submit performance test reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each performance test required by this subpart, owners and operators must submit the results of the performance test following the procedures specified in § 63.9(k). Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert [62 FR 46925, Sept. 5, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 FR 38076, June 19, 2000; 66 FR 36928, July 16, 2001; 71 FR 20457, Apr. 20, 2006; 76 FR 22593, Apr. 21, 2011; 89 FR 43257, May 16, 2024; 91 FR 13149, Mar. 18, 2026] § 63.507 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (6) of this section. (1) Approval of alternatives to the requirements in §§ 63.480 through 63.481, 63.483(a) through (c), 63.484, 63.485(a) through (k), (m) through (s), (u), 63.486 through 63.487, 63.488(a), (b)(1) through (4), (5)(iv) through (v), (6) through (7), (c) through (i), 63.493 through 63.494, 63.500(a)(1) through (3), (b), 63.501, 63.502(a) through (f), (i), (k) through (m), and 63.503. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. (6) Approval of an extension request under § 63.6(i)(4)(ii). [68 FR 37349, June 23, 2003, as amended at 89 FR 43261, May 16, 2024] § 63.508 Flare requirements. (a) For any flare that is used to reduce organic HAP emissions from an EPPU, the owner or operator may elect to comply with the requirements in this section in lieu of the requirements of § 63.11(b) and the requirements referenced therein. The owner or operator may also elect to comply with the requirements in this section pursuant to the overlap provisions provided in § 63.481(k)(2). However, beginning no later than the compliance dates specified in § 63.481(n), the provisions specified in paragraphs (a)(1) through (32) of this section no longer apply. Instead, if an owner or operator reduces organic HAP emissions from an EPPU by venting emissions through a closed-vent system to a steam-assisted, air-assisted, or non-assisted flare, then the owner or operator must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671, including the provisions in tables 12 and 13 to subpart CC of this part, except as specified in paragraph (b) of this section. This requirement also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from a EPPU, as determined on an annual average basis. For purposes of compliance with this paragraph, the following terms are defined in § 63.641 of subpart CC of this part: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam. (1) §§ 63.487(a)(1)(i) and (b)(1)(i); (2) § 63.489(b)(2); (3) § 63.490(a)(1); (4) §§ 63.491(b)(3)(i) through (b)(3)(iii); (5) § 63.494(d); (6) § 63.496(b)(7)(i)(A); (7) § 63.497(a)(2); (8) § 63.498(d)(5)(ii)(E); (9) § 63.502(k)(1); (10) §§ 63.504(c)(1) through (c)(3); (11) § 63.107(h)(9)(i) related to criteria in § 63.11(b); (12) § 63.113(a)(1); (13) § 63.114(a)(2); (14) §§ 63.116(a)(1) through (a)(3); (15) §§ 63.117(a)(5)(i) through (a)(5)(iii); (16) § 63.118(f)(5); (17) The last sentence in § 63.119(e)(1); (18) §§ 63.120(e)(1) through (e)(6); (19) §§ 63.122(c)(2) and (g)(3); (20) § 63.126(b)(2)(i); (21) § 63.127(a)(2); (22) §§ 63.128(b)(1) through (b)(3); (23) §§ 63.129(a)(5)(i) through (a)(5)(iii); (24) §§ 63.130(a)(2)(i), (c), and (d)(5); (25) §§ 63.139(c)(3) and (d)(3); (26) §§ 63.145(j)(1) through (j)(3); (27) §§ 63.146(b)(7)(i)(A) through (b)(7)(i)(C); (28) § 63.147(d)(1); (29) §§ 63.172(d); (30) §§ 63.180(e)(1) through (e)(3); (31) § 63.181(g)(1)(iii); and (32) The phrase “including periods when a flare pilot light system does not have a flame” in § 63.181(g)(2)(i). (b) The exceptions specified in paragraphs (b) through (o) of § 63.108 apply, except as specified in paragraphs (b)(1) through (5) of this section. (1) Where the term “chemical manufacturing process unit” is used, the term “EPPU” applies instead for the purposes of this subpart. (2) Where the reference “§ 63.100(k)(10)” is used, the reference § 63.481(n) applies instead for the purposes of this subpart. (3) Where the phrase “Hazardous Organic Chemical Manufacturing” is used, the phrase “Polymers and Resins” applies instead for the purposes of this subpart. (4) Where the reference “§ 63.152(b)(7) of subpart G of this part” is used, the reference “§ 63.506(e)(5)(xiii)” applies instead for the purposes of this subpart. (5) Section 63.108(i) does not apply. [89 FR 43261, May 16, 2024] § 63.509 Procedures for determining whether process vents, storage vessels, or wastewater are in chloroprene service. This section applies beginning no later than the compliance dates specified in § 63.481(o). To determine if process vents, storage vessels, or wastewater in a process at affected sources producing neoprene are in chloroprene service, as defined in § 63.482, owners and operators must comply with the requirements in paragraphs (a) through (c) of this section, as applicable. (a) For each continuous front-end process vent, each batch front-end process vent, and each back-end process vent in a process at affected sources producing neoprene, owners and operators must measure the flow rate and concentration of chloroprene of each process vent as specified in paragraphs (a)(1) through (5) of this section. (1) Measurements must be made prior to any dilution of the vent streams. (2) Measurements may be made on the combined vent streams at an elastomer product process unit or for each separate vent stream. (3) The sampling site shall be after the last recovery device (if any recovery devices are present) but prior to the inlet of any control device that is present and prior to release to the atmosphere. Method 1 or 1A of appendix A-1 to 40 CFR part 60, as appropriate, must be used for the selection of the sampling sites. For vents smaller than 0.10 meter in diameter, sample at one point at the center of the duct. (4) The gas volumetric flow rate must be determined using Method 2, 2A, 2C, 2D, 2F, or 2G of appendices A-1 and A-2 to 40 CFR part 60, as appropriate. (5) Except as specified in paragraph (a)(6) of this section, the concentration of chloroprene must be determined using Method 18 of appendix A-6 to 40 CFR part 60 or Method 320 of appendix A to this part. (6) You may elect to use ASTM D6348-12 (Reapproved 2020) (incorporated by reference, § 63.14) in lieu of Method 320 of appendix A to this part as specified in paragraph (a)(5) of this section. To comply with this paragraph, Annexes Al through A8 to ASTM D6348-12 (Reapproved 2020) are mandatory; the percent (%) R must be determined for each target analyte using Equation A5.5 of ASTM D6348-12 (Reapproved 2020) Annex A5 (Analyte Spiking Technique); and in order for the test data to be acceptable for a compound, the %R must be 70% ≥ R ≤ 130%. If the %R value does not meet this criterion for a target compound, then the test data is not acceptable for that compound and the test must be repeated for that analyte ( i.e., Equation 1 to Paragraph (a)(6) Reported Results = (Measured Concentration in the Stack × 100)/%R. (b) For storage vessels in a process at affected sources producing neoprene, owners and operators must determine the concentration of chloroprene of the fluid stored in the storage vessels by complying with the requirements in paragraph (b)(1) or (2) of this section. (1) The owner or operator must measure concentration of chloroprene of the fluid stored in the storage vessel using Method 624.1 of appendix A to 40 CFR part 136 or preparation by Method SW-846-5030B (incorporated by reference, see § 63.14) and analysis by Method SW-846-8260D (incorporated by reference, see § 63.14). If owners and operators collect a sample from a pressure vessel, then the owner or operator must maintain the sample under pressure both during and following sampling. (2) Unless specified by the Administrator, the owner or operator may calculate the concentration of chloroprene of the fluid stored in the storage vessels if information specific to the fluid stored is available. Information specific to the fluid stored includes concentration data from safety data sheets. (c) For wastewater in a process at affected sources producing neoprene, owners and operators must measure concentration of chloroprene of the fluid stored in the storage vessel using Method 624.1 of appendix A to 40 CFR part 136, or preparation by Method SW-846-5030B (incorporated by reference, see § 63.14) and analysis by Method SW-846-8260D (incorporated by reference, see § 63.14). If owners and operators collect a sample from a pressure vessel, then the owner or operator must maintain the sample under pressure both during and following sampling. [89 FR 43261, May 16, 2024] § 63.510 Process vents, storage vessels, and wastewater that are in chloroprene service—procedures to determine compliance. This section applies beginning no later than the compliance dates specified in § 63.481(o). In order to demonstrate compliance with the emission limits and work practice standards specified in § 63.485(y) (for continuous front-end process vents in chloroprene service), § 63.487(j) (for batch front-end process vents in chloroprene service), § 63.494(a)(7) (for back-end process vents in chloroprene service), § 63.484(u) (for storage vessels in chloroprene service), and § 63.501(a)(10)(iv) (for wastewater in chloroprene service), owners and operators must meet the requirements specified in paragraphs (a) and (b) of this section. (a) For initial compliance, owners and operators must comply with paragraphs (a)(1) through (4) of this section, as applicable. (1) [Reserved] (2) If an owner or operator chooses to reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene by greater than or equal to 98 percent by weight as specified in § 63.484(u), § 63.485(y), § 63.487(j), or § 63.494(a)(7) then the owner or operator must comply with § 63.148 and paragraphs (a)(2)(i) through (viii) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the percent reduction requirement at the inlet and outlet of the control device. For purposes of compliance with this paragraph, owners and operators may not use a design evaluation. This paragraph does not apply if the conditions specified in paragraphs (a)(2)(i)(A) through (D) of this section are met for a previously-conducted measurement or performance test. (A) No changes have been made to the process since the time of the measurement or performance test; (B) The operating conditions and test methods used during measurement or performance test conform to the chloroprene related requirements of this subpart; (C) The control device and process parameter values established during the previously-conducted measurement or performance test are used to demonstrate continuous compliance with the chloroprene related requirements of this subpart; and (D) The previously-conducted measurement or performance test was completed within the last 60 months. (ii) Conduct the performance test according to the procedures in § 63.504 and in § 63.116(c). Except as specified in § 63.509(a)(6), use Method 18 of 40 CFR part 60, appendix A-6 or Method 320 of appendix A to this part to determine the chloroprene concentration. Use Method 1 or 1A of 40 CFR part 60, appendix A-1 to select the sampling sites at each sampling location. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. Use Method 4 of 40 CFR part 60, appendix A-3 to convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of chloroprene entering the control device and exiting the control device using Equations 1 and 2 to this paragraph. Equations 1 and 2 to Paragraph (a)(2)(iii) E ,inlet ,inlet inlet E ,outlet ,outlet outlet Where: E ,inlet ,outlet C ,inlet ,outlet M = Molecular weight of chloroprene, 88.54 grams per gram-mole. Q inlet outlet K = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram per gram) (minutes per hour), where standard temperature (gram-mole per standard cubic meter) is 20 °C. (iv) Calculate the percent reduction from the control device using equation 3 to this paragraph. An owner or operator has demonstrated initial compliance with § 63.113(j)(2) or § 63.119(a)(5)(ii) if the overall reduction of chloroprene is greater than or equal to 98 percent by weight. Equation 3 to Paragraph (a)(2)(iv) Percent reduction = (E ,inlet ,outlet ,inlet Where: E ,inlet ,outlet (v) If a new control device is installed, then conduct a performance test of the new device following the procedures in paragraphs (a)(2)(i) through (iv) of this section. (vi) [Reserved] (vii) If an owner or operator vents emissions through a closed vent system to a thermal oxidizer, then the owner or operator must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vii)(A) and (B) of this section during the performance test. (A) Combustion chamber temperature. Determine the average combustion chamber temperature during the performance test as the average of the test run averages. (B) Flue gas flow rate. Determine the average flue gas flow rate during the performance test as the average of the test run averages. (viii) If an owner or operator vents emissions through a closed vent system to a control device other than a thermal oxidizer, then the owner or operator must notify the Administrator of the operating parameters that are planned to be monitored during the performance test prior to establishing operating parameter limits for the control device. (3) If an owner or operator chooses to reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene to less than 1 ppmv as specified in § 63.484(u), § 63.485(y), § 63.487(j), or § 63.494(a)(7) then the owner or operator must comply with § 63.148 and either paragraph (a)(3)(i) or (ii) of this section. (i) Install an FTIR CEMS meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B to continuously monitor the chloroprene concentration at the exit of the control device. Comply with the requirements specified in § 63.2450(j) for CEMS. (ii) If the owner or operator does not install a CEMS under paragraph (a)(3)(i) of this section, then the owner or operator must comply with paragraphs (a)(3)(ii)(A) through (C) of this section. (A) Conduct an initial performance test at the outlet of the control device that is used to comply with the concentration requirement. (B) Conduct the performance test according to the procedures in § 63.504 and in § 63.116(c). Except as specified in § 63.509(a)(6), use Method 18 of 40 CFR part 60, appendix A-6 or Method 320 of appendix A to this part to determine the chloroprene concentration. If the non-flare control device is a combustion device, correct the chloroprene concentration to 3 percent oxygen according to § 63.116(c)(iii)(B), except “TOC or organic HAP” and “TOC (minus methane and ethane) or organic HAP” in the Variables Cc and Cm must be replaced with “chloroprene”. An owner or operator has demonstrated initial compliance with § 63.484(u), § 63.485(y), § 63.487(j), or § 63.494(a)(7) if the chloroprene concentration is less than 1 ppmv. (C) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (4) If owners and operators choose to reduce emissions of chloroprene by venting emissions through a closed vent system to a non-flare control device that reduces chloroprene to less than 5 pounds per year for all combined process vents within the process as specified in § 63.113(j)(2), then the owner or operator must comply with § 63.148 and paragraphs (a)(4)(i) through (iv) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the mass emission limit requirement at the outlet of the control device. (ii) Conduct the performance test according to the procedures in § 63.504 and in § 63.116(c). Except as specified in § 63.509(a)(6), use Method 18 of 40 CFR part 60, appendix A-6 or Method 320 of appendix A to this part to determine the chloroprene concentration. Use Method 1 or 1A of 40 CFR part 60, appendix A-1 to select the sampling site. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. Use Method 4 of 40 CFR part 60, appendix A-3 to convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of chloroprene exiting the control device using Equation 2 to paragraph (a)(2)(iii) of this section. An owner or operator has demonstrated initial compliance with § 63.113(j)(2) if the chloroprene from all process vents (controlled and uncontrolled) within the process is less than 5 pounds per year when combined. (iv) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (b) For continuous compliance, owners and operators must comply with paragraphs (b)(1) through (6) of this section, as applicable. (1) [Reserved] (2) If you choose to reduce emissions of chloroprene by venting emissions through a closed-vent system to a non-flare control device that reduces chloroprene to less than 1 ppmv as specified in § 63.113(j)(2) or § 63.119(a)(5)(ii) of subpart G of this part, and you choose to comply with paragraph (a)(3)(i) of this section, then continuously monitor the chloroprene concentration at the exit of the control device using an FTIR CEMS meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B and § 63.2450(j). If an owner or operator uses an FTIR CEMS, then the owner or operator does not need to conduct the performance testing required in paragraph (b)(3) of this section or the operating parameter monitoring required in paragraphs (b)(4) through (6) of this section. (3) Conduct a performance test no later than 60 months after the previous performance test and reestablish operating parameter limits following the procedures in paragraph (a)(2) through (4) of this section. The Administrator may request a repeat performance test at any time. For purposes of compliance with this paragraph, owners and operators may not use a design evaluation. (4) [Reserved] (5) If an owner or operator vents emissions through a closed vent system to a thermal oxidizer, then the owner or operator must comply with § 63.148, and the owner or operator must meet the operating parameter limits specified in paragraphs (b)(5)(i) and (ii) of this section and the requirements in paragraph (b)(5)(iii) of this section. (i) Minimum combustion chamber temperature, equal to the average combustion chamber temperature measured during the most recent performance test. Determine combustion chamber temperature with a temperature sensor with a minimum accuracy of at least ±1 percent over the normal range of temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. Compliance with the minimum combustion chamber temperature operating limit must be determined continuously on a 1-hour block basis. (ii) Maximum flue gas flow rate, equal to the average flue gas flow rate measured during the most recent performance test. Determine flue gas flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater. Compliance with the maximum flue gas flow rate operating limit must be determined continuously on a 1-hour block basis. (iii) The owner or operator must maintain the thermal oxidizer in accordance with good combustion practices that ensure proper combustion. Good combustion practices include, but are not limited to, proper burner maintenance, proper burner alignment, proper fuel to air distribution and mixing, routine inspection, and preventative maintenance. (6) If an owner or operator vents emissions through a closed vent system to a control device other than a thermal oxidizer, then the owner or operator must comply with § 63.148, and the owner or operator must monitor the operating parameters identified in paragraph (a)(2)(viii) of this section and meet the established operating parameter limits to ensure continuous compliance. The frequency of monitoring and averaging time will be determined based upon the information provided to the Administrator. [89 FR 43262, May 16, 2024] Table 1 to Subpart U of Part 63—Applicability of General Provisions to Subpart U Affected Sources Reference Applies to subpart U Explanation § 63.1(a)(1) Yes § 63.482 specifies definitions in addition to or that supersede definitions in § 63.2. § 63.1(a)(2) Yes. § 63.1(a)(3) Yes § 63.481(f) through (k) and § 63.160(b) identify those standards which may apply in addition to the requirements of subparts U and H of this part, and specify how compliance shall be achieved. § 63.1(a)(4) Yes Subpart U (this table) specifies the applicability of each paragraph in subpart A to subpart U. § 63.1(a)(5) No [Reserved]. § 63.1(a)(6)-(8) Yes. § 63.1(a)(9) No [Reserved]. § 63.1(a)(10) Yes. § 63.1(a)(11) Yes. § 63.1(a)(12)-(14) Yes. § 63.1(b)(1) No § 63.480(a) contains specific applicability criteria. § 63.1(b)(2) Yes. § 63.1(b)(3) No § 63.480(b) provides documentation requirements for EPPUs not considered affected sources. § 63.1(c)(1) Yes Subpart U (this table) specifies the applicability of each paragraph in subpart A to subpart U. § 63.1(c)(2) No Area sources are not subject to subpart U. § 63.1(c)(3) No [Reserved]. § 63.1(c)(4) Yes. § 63.1(c)(5) Yes Except that affected sources are not required to submit notifications that are not required by subpart U. § 63.1(c)(6) Yes § 63.1(d) No [Reserved]. § 63.1(e) Yes. § 63.2 Yes § 63.482 specifies those subpart A definitions that apply to subpart U. § 63.3 Yes. § 63.4(a)(1)-(3) Yes. § 63.4(a)(4) No [Reserved]. § 63.4(a)(5) Yes. § 63.4(b) Yes. § 63.4(c) Yes. § 63.5(a)(1) Yes Except the terms “source” and “stationary source” should be interpreted as having the same meaning as “affected source”. § 63.5(a)(2) Yes. § 63.5(b)(1) Yes Except § 63.480(i) defines when construction or reconstruction is subject to new source standards. § 63.5(b)(2) No [Reserved]. § 63.5(b)(3) Yes. § 63.5(b)(4) Yes Except that the Initial Notification and § 63.9(b) requirements do not apply. § 63.5(b)(5) Yes. § 63.5(b)(6) Yes Except that § 63.480(i) defines when construction or reconstruction is subject to the new source standards. § 63.5(c) No [Reserved]. § 63.5(d)(1)(i) Yes Except that the references to the Initial Notification and § 63.9(b)(5) do not apply. § 63.5(d)(1)(ii) Yes Except that § 63.5(d)(1)(ii)(H) does not apply. § 63.5(d)(1)(iii) No § 63.506(e)(5) and § 63.502(f) specify Notification of Compliance Status requirements. § 63.5(d)(2) No. § 63.5(d)(3) Yes Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.502 are exempt. § 63.5(d)(4) Yes. § 63.5(e) Yes. § 63.5(f)(1) Yes. § 63.5(f)(2) Yes Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. § 63.6(a) Yes. § 63.6(b)(1) No The dates specified in § 63.481(b) apply, instead. § 63.6(b)(2) No. § 63.6(b)(3) No. § 63.6(b)(4) No. § 63.6(b)(5) No. § 63.6(b)(6) No [Reserved]. § 63.6(b)(7) No. § 63.6(c)(1) Yes § 63.481 specifies the compliance date. § 63.6(c)(2) No. § 63.6(c)(3) No [Reserved]. § 63.6(c)(4) No [Reserved]. § 63.6(c)(5) Yes. § 63.6(d) No [Reserved]. § 63.6(e)(1)(i) No See § 63.483(a) for general duty requirement. Any cross reference to § 63.6(e)(1)(i) in any other general provision incorporated by reference shall be treated as a cross reference to § 63.483(a). § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes. § 63.6(e)(2) No [Reserved] § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2) Yes Except 63.7(c), as referred to in § 63.6(f)(2)(iii)(D) does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.502. § 63.6(f)(3) Yes. § 63.6(g) Yes. § 63.6(h) No Subpart U does not require opacity and visible emission standards. § 63.6(i)(1) Yes. § 63.6(i)(2) Yes. § 63.6(i)(3) Yes. § 63.6(i)(4)(i)(A) Yes. § 63.6(i)(4)(i)(B) No Dates are specified in § 63.481(e) and § 63.506(e)(3)(i). § 63.6(i)(4)(ii) No. § 63.6(i)(5)-(14) Yes. § 63.6(i)(15) No [Reserved]. § 63.6(i)(16) Yes. § 63.6(j) Yes. § 63.7(a)(1) Yes. § 63.7(a)(2) No. § 63.506(e)(5) specifies the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. § 63.7(a)(3) Yes. § 63.7(a)(4) Yes. § 63.7(b) No § 63.504(a)(4) specifies notification requirements. § 63.7(c) No Except if the owner or operator chooses to submit an alternative nonopacity emission standard for approval under § 63.6(g). § 63.7(d) Yes. § 63.7(e)(1) No See § 63.504(a)(1). Any cross-reference to § 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.504(a)(1). § 63.7(e)(2) Yes. § 63.7(e)(3) No Subpart U specifies requirements. § 63.7(e)(4) Yes. § 63.7(f) Yes Except that § 63.144(b)(5)(iii)(A) & (B) shall apply for process wastewater. Also, since a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3) approval or disapproval of the alternative test method shall not be tied to the site specific test plan. § 63.7(g) Yes Except that the requirements in § 63.506(e)(5) shall apply instead of references to the Notification of Compliance Status report in 63.9(h). In addition, equipment leaks subject to § 63.502 are not required to conduct performance tests. § 63.7(h) Yes Except § 63.7(h)(4)(ii) is not applicable, since the site-specific test plans in § 63.7(c)(2) are not required. § 63.8(a)(1) Yes. § 63.8(a)(2) No. § 63.8(a)(3) No [Reserved]. § 63.8(a)(4) Yes. § 63.8(b)(1) Yes. § 63.8(b)(2) No Subpart U specifies locations to conduct monitoring. § 63.8(b)(3) Yes. § 63.8(c)(1) Yes. § 63.8(c)(1)(i) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.8(c)(1)(ii) No For all emission points except equipment leaks, comply with § 63.506(b)(1)(i)(B); for equipment leaks, comply with § 63.181(g)(2)(iii). § 63.8(c)(1)(iii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.8(c)(2) Yes. § 63.8(c)(3) Yes. § 63.8(c)(4) No § 63.505 specifies monitoring frequency; not applicable to equipment leaks, because § 63.502 does not require continuous monitoring systems. § 63.8(c)(5)-(8) No. § 63.8(d) No. § 63.8(e) No. § 63.8(f)(1)-(3) Yes. § 63.8(f)(4)(i) No Timeframe for submitting request is specified in § 63.506(f) or (g); not applicable to equipment leaks, because § 63.502 (through reference to subpart H) specifies acceptable alternative methods. § 63.8(f)(4)(ii) No Contents of request are specified in § 63.506(f) or (g). § 63.8(f)(4)(iii) No. § 63.8(f)(5)(i) Yes. § 63.8(f)(5)(ii) No. § 63.8(f)(5)(iii) Yes. § 63.8(f)(6) No Subpart U does not require CEM's. § 63.8(g) No Data reduction procedures specified in § 63.506(d) and (h); not applicable to equipment leaks. § 63.9(a) Yes. § 63.9(b) No Subpart U does not require an initial notification. § 63.9(c) Yes. § 63.9(d) Yes. § 63.9(e) No § 63.504(a)(4) specifies notification deadline. § 63.9(f) No Subpart U does not require opacity and visible emission standards. § 63.9(g) No. § 63.9(h) No § 63.506(e)(5) specifies Notification of Compliance Status requirements. § 63.9(i) Yes. § 63.9(j) Yes For change in major source status only. § 63.9(k) Yes. § 63.10(a) Yes § 63.10(b)(1) No § 63.506(a) specifies record retention requirements. § 63.10(b)(2) No Subpart U specifies recordkeeping requirements. § 63.10(b)(3) No § 63.480(b) requires documentation of sources that are not affected sources. § 63.10(c) No § 63.506 specifies recordkeeping requirements. § 63.10(d)(1) Yes § 63.10(d)(2) No § 63.506(e)(5) specifies performance test reporting requirements; not applicable to equipment leaks. § 63.10(d)(3) No Subpart U does not require opacity and visible emission standards. § 63.10(d)(4) Yes 63.10(d)(5) No § 63.10(e) No § 63.506 specifies reporting requirements. § 63.10(f) Yes § 63.11 Yes Except for flares subject to § 63.508, § 63.11(b) specifies requirements for flares used to comply with provisions of this subpart. § 63.504(c) contains the requirements to conduct compliance demonstrations for flares subject to this subpart that are not subject to § 63.508. § 63.11(c), (d), and (e) specifies requirements for an alternative work practice for equipment leaks. § 63.12 Yes Except that the authority of § 63.503(i) and the authority of § 63.177 (for equipment leaks) will not be delegated to States. §§ 63.13-63.15 Yes [66 FR 36928, July 16, 2001, as amended at 71 FR 20457, Apr. 20, 2006; 73 FR 78213, Dec. 22, 2008; 85 FR 73891, Nov. 19, 2020; 89 FR 43264, May 16, 2024] Table 2 to Subpart U of Part 63—Applicability of Subparts F, G, & H of This Part to Subpart U Affected Sources Reference Applies to Subpart U Comment Applicable section of Subpart U Subpart F: § 63.100 No § 63.101 Yes Several definitions from § 63.101 are referenced in § 63.482 § 63.482. §§ 63.102-63.103 No §§ 63.104-63.105 Yes §§ 63.501 and 63.502. §§ 63.106-63.109 No Subpart G: § 63.110 No § 63.111 Yes Several definitions from § 63.111 reference in § 63.482 § 63.482. § 63.112 No §§ 63.113-63.118 Yes With the differences noted in § 63.485 (b) through § 63.485(k) §§ 63.119-63.123 Yes With the differences noted in § 63.484(c) through 63.484(s) 63.484. §§ 63.124-63.125 No [Reserved.] §§ 63.126-63.130 No § 63.131 [Reserved] §§ 63.133-63.147 Yes With the differences noted in § 63.501(a)(1) through (19) § 63.501. §§ 63.148-63.149 Yes With the differences noted in §§ 63.484(c) through (s) and 63.501(a)(1) through (23) §§ 63.484 and 63.501. § 63.150(a) through (f) No § 63.150(g)(1) and (2) No § 63.150(g)(3) Yes § 63.503(g)(3). § 63.150(g)(4) No § 63.150(g)(5) Yes § 63.503(g)(5). § 63.150(h)(1) and (2) No § 63.150(h)(3) Yes § 63.503(h)(3). § 63.150(h)(4) No § 63.150(h)(5) Yes § 63.503(h)(5). § 63.150(i) through (o) No §§ 63.151-63.152 No Subpart H: §§ 63.160-63.182 Yes Subpart U affected sources shall comply with all requirements of subpart H of this part, with the differences noted in § 63.502 § 63.502. [66 FR 36928, July 16, 2001, as amended at 76 FR 22594, Apr. 21, 2011] Table 3 to Subpart U of Part 63—Group 1 Storage Vessels at Existing Affected Sources Vessel capacity Vapor pressure a 75 ≤capacity <151 ≥13.1 151 ≤capacity ≥5.2 a Table 4 to Subpart U of Part 63—Group 1 Storage Vessels at New Sources Vessel capacity Vapor Pressure a 38 ≤capacity <151 ≥13.1 151 ≤capacity ≥0.7 a Table 5 to Subpart U of Part 63—Known Organic HAP Emitted From the Production of Elastomer Products [Known organic HAP emitted from the production of elastomer products] Organic HAP/Chemical name (CAS No.) Elastomer product/subcategory BR EPI EPR HYP NEO NBL NBR PBR/SBRS PSR SBL SBRE Acrylonitrile (107131) X X 1,3 Butadiene (106990) X X X X X Carbon Disulfide X X X X X Carbon Tetrachloride (56235) X Chlorobenzene (108907) X Chloroform (67663) X Chloroprene (126998) X Epichlorohydrin (106898) X Ethylbenzene (100414) X X Ethylene Dichloride (107062) X Ethylene Oxide (75218) X X Formaldehyde (50000) X X Hexane (110543) X X X Methanol (67561) X X Methyl Chloride (74873) X X Propylene Oxide (75569) X Styrene (100425) X X X Toluene (108883) X X X X Xylenes (1330207) X Xylene (m-) (108383) X Xylene (o-) (95476) X Xylene (p-) (106423) X CAS No. = Chemical Abstract Service Number. BR = Butyl Rubber. EPI = Epichlorohydrin Rubber. EPR = Ethylene Propylene Rubber. HYP = Hypalon TM NEO = Neoprene. NBL = Nitrile Butadiene Latex. NBR = Nitrile Butadiene Rubber. PBR/SBRS = Polybutadiene and Styrene Butadiene Rubber by Solution. PSR = Polysulfide Rubber. SBL = Styrene Butadiene Latex. SBRE = Styrene Butadiene Rubber by Emulsion. [76 FR 22594, Apr. 21, 2011] Table 6 to Subpart U of Part 63—Group 1 Batch Front-End Process Vents and Aggregate Batch Vent Streams—Monitoring, Recordkeeping, and Reporting Requirements Control/recovery device Parameter to be monitored Recordkeeping and reporting requirements for monitored parameters Thermal incinerators other than those used for vents in chloroprene service Firebox temperature a 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average firebox temperature measured during the performance test—NCS. c 3. Record the batch cycle daily average firebox temperature as specified in § 63.491(e)(2). 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Thermal oxidizers used for vents in chloroprene service a. Combustion chamber temperature 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average firebox temperature measured during the performance test—NCS. c 3. Record the 1-hour block average firebox temperature as specified in § 63.510(b)(5)(i). 4. Report all 1-hour block average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e b. Flue gas flow rate 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average flue gas flow rate measured during the performance test—NCS. c 3. Record the 1-hour block average flue gas flow rate as specified in § 63.510(b)(5)(ii). 4. Report all 1-hour block average flow rates that are above the maximum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Catalytic incinerator Temperature upstream and downstream of the catalyst bed 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average upstream and downstream temperatures and the average temperature difference across the catalyst bed measured during the performance test—NCS. c 3. Record the batch cycle daily average upstream temperature and temperature difference across catalyst bed as specified in § 63.491(e)(2). 4. Report all batch cycle daily average upstream temperatures that are below the minimum upstream value established in the NCS or operating permit—PR. d e 5. Reporting all batch cycle daily average temperature differences across the catalyst bed that are below the minimum difference established in the NCS or operating permit—PR. d e 6. Report all instances when monitoring data are not collected. Boiler or process heater with a design heat input capacity less than 44 megawatts and where the batch front—end process vents or aggregate batch vent streams are “not” introduced with or used as the primary fuel Firebox temperature a 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average firebox temperature measured during the performance test—NCS. c 3. Record the batch cycle daily average firebox temperature as specified in § 63.491(e)(2). d 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Flare (if meeting the requirements of § 63.487(a)(1)(i) or (b)(1)(i)) Presence of a flame at the pilot light 1. Hourly records of whether the monitor was continuously operating during light batch emission episodes selected for control and whether a flame was continuously present at the pilot light during each hour. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS. c 3. Record the times and durations of all periods during batch emission episodes when all flames at the pilot light of a flare are absent or the monitor is not operating. 4. Report the times and durations of all periods during batch emission episodes selected for control when all flames at the pilot light of a flare are absent—PR. d Flare (if meeting the requirements of § 63.487(a)(1)(iii) or (b)(1)(iii)) The parameters are specified in paragraphs (b) through (o) of § 63.108 and § 63.508 1. Records as specified in paragraph (m) of § 63.108 and § 63.508. Scrubber for halogenated batch front-end process vents or aggregate batch vent streams (Note: Controlled by a combustion device other than a flare) a. pH of scrubber effluent, and 1. Continuous records as specified in § 63.491(e)(1). b c 3. Record the batch cycle daily average pH of the scrubber effluent as specified in § 63.491(e)(2). 4. Report all batch cycle daily average pH values of the scrubber effluent that are below the minimum operating value established in the NCS or operating permit and all instances when insufficient monitoring data are collected—PR. d e b. Scrubber liquid and gas flow rates (§ 63.489(b)(4)(ii)) 1. Records as specified in § 63.491(e)(1). b c 3. Record the batch cycle daily average scrubber liquid/gas ratio as specified in § 63.491(e)(2). 4. Report all batch cycle daily average scrubber liquid/gas ratios that are below the minimum value established in the NCS or operating permit and all instances when insufficient monitoring data are collected—PR. d e Absorber f a. Exit temperature of the absorbing liquid, and 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average exit temperature of the absorbing liquid measured during the performance test—NCS. c 3. Record the batch cycle daily average exit temperature of the absorbing liquid as specified in § 63.491(e)(2) for each batch cycle. 4. Report all the batch cycle daily average exit temperatures of the absorbing liquid that are above the maximum operating temperature established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e b. Exit specific gravity of the absorbing liquid 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average exit specific gravity measured during the performance test—NCS. 3. Record the batch cycle daily average exit specific gravity as specified in § 63.491(e)(2). 4. Report all batch cycle daily average exit specific gravity values that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Condenser f Exit (product side) temperature 1. Continuous records as specified in § 63.491(e)(1) b 2. Record and report the average exit temperature measured during the performance test—NCS. 3. Record the batch cycle daily average exit temperature as specified in § 63.491(e)(2). 4. Report all batch cycle daily average exit temperatures that are above the maximum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Carbon adsorber f a. Total regeneration steam flow or nitrogen flow, or pressure gauge or absolute) during carbon bed regeneration cycle(s), and 1. Record of total regeneration steam flow or nitrogen flow, or pressure for each carbon bed regeneration cycle. 2. Record and report the total regeneration steam flow or nitrogen flow, or pressure during each carbon bed regeneration cycle during the performance test—NCS. c 3. Report all carbon bed regeneration cycles when the total regeneration steam flow or nitrogen flow, or pressure is above the maximum value established in the NCS or operating permit—PR. d e b. Temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle(s) 1. Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s). 2. Record and report the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s) measured during the performance test—NCS. c 3. Report all carbon bed regeneration cycles when the temperature of the carbon bed after regeneration, or within 15 minutes of completing any cooling cycle(s), is above the maximum value established in the NCS or operating permit—PR. d e Outlet HAP or TOC concentration For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.489(b)(10), the owner or operator must record each outlet HAP or TOC concentration measured according to §§ 63.489(b)(10)(i) and (b)(10)(ii). Adsorbent replacement 1. For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.489(b)(10), the owner or operator must record date and time the adsorbent was last replaced. Breakthrough For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.489(b)(10), the owner or operator must: g Sorbent injection a. Sorbent injection rate 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average sorbent injection rate measured during the performance test—NCS. c 3. Record the batch cycle daily average sorbent injection rate as specified in § 63.491(e)(2). 4. Report all batch cycle daily average sorbent injection rates that are below the minimum value established in the NCS or operating permit and all instances when insufficient monitoring data are collected—PR. d e b. Carrier gas flow rate 1. Continuous records as specified in § 63.491(e)(1). b 2. Record and report the average carrier gas flow rate measured during the performance test—NCS. c 3. Record the batch cycle daily average carrier gas flow rate as specified in § 63.491(e)(2). 4. Report all batch cycle daily average carrier gas flow rates that are below the minimum value established in the NCS or operating permit and all instances when insufficient monitoring data are collected—PR. d e All control devices a. Diversion to the atmosphere from the control device or 1. Hourly records of whether the flow indicator was operating during batch emission episodes selected for control and whether a diversion was detected at any time during the hour, as specified in § 63.491(e)(3). 2. Record and report the times of all periods during batch emission episodes selected for control when emissions are diverted through a bypass line, or the flow indicator is not operating—PR. d d b. Monthly inspections of sealed valves 1. Records that monthly inspections were performed as specified in § 63.491(e)(4)(i). d d Absorber, condenser, and carbon adsorber (as an alternative to the above) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device 1. Continuous records as specified in § 63.491(e)(1). b 3. Record the batch cycle daily average concentration level or reading as specified in § 63.491(e)(2). 4. Report all batch cycle daily average concentration levels or readings that are above the maximum values established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e a b c d e f [89 FR 43264, May 16, 2024] Table 7 to Subpart U of Part 63—Operating Parameters for Which Monitoring Levels Are Required To Be Established for Continuous and Batch Front-End Process Vents and Aggregate Batch Vent Streams Control/recovery device Parameters to be monitored Established operating parameter(s) Thermal incinerator Firebox temperature Minimum temperature. Thermal oxidizers used for vents in chloroprene service Combustion chamber temperature Minimum temperature. Thermal oxidizers used for vents in chloroprene service Flue gas flow rate Maximum flue gas flow rate. Catalytic incinerator Temperature upstream and downstream of the catalyst bed Minimum upstream temperature; and minimum temperature difference across the catalyst bed. Boiler or process heater Firebox temperature Minimum temperature. Scrubber for halogenated vents pH of scrubber effluent; and scrubber liquid and gas flow rates [§ 63.489(b)(4)(ii)] Minimum pH; and minimum liquid/gas ratio. Absorber Exit temperature of the absorbing liquid; and exit specific gravity of the absorbing liquid Maximum temperature; and maximum specific gravity. Condenser Exit temperature Maximum temperature. Carbon adsorber Total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) a Maximum flow or pressure; and maximum temperature. Sorbent injection Sorbent injection rate Minimum injection rate. Sorbent injection Carrier gas flow rate Minimum carrier gas flow rate. Other devices (or as an alternate to the above) b HAP concentration level or reading at outlet of device Maximum HAP concentration or reading. a b [89 FR 43267, May 16, 2024] Table 8 to Subpart U of Part 63—Summary of Compliance Alternative Requirements for the Back-End Process Provisions Compliance alternative Parameter to be monitored Requirements Compliance Using Stripping Technology, Demonstrated through Periodic Sampling [§ 63.495(b)] Residual organic HAP content in each sample of crumb or latex (1) If a stripper operated in batch mode is used, at least one representative sample is to be taken from every batch. Quantity of Material (weight of latex or dry crumb rubber) represented by each sample (1) Acceptable methods of determining this quantity are production records, measurement of stream characteristics, and engineering calculations. Compliance Using Stripping Technology, Demonstrated through Stripper Parameter Monitoring [§ 63.495(c)] At a minimum, temperature, pressure, steaming rates (for steam strippers), and some parameter that is indicative of residence time (1) Establish stripper operating parameter levels for each grade in accordance with § 63.505(e). Determining Compliance Using Control or Recovery Devices [§ 63.496] Parameters to be monitored are described in Table 3 of subpart G of this part Comply with requirements listed in Table 3 of subpart G of this part, except for the requirements for halogenated vent stream scrubbers. [65 FR 38093, June 19, 2000] Table 9 to Subpart U of Part 63—Routine Reports Required by This Subpart Reference Description of report Due Date § 63.506(b) and subpart A Refer to § 63.506(b), Table 1 of this subpart, and to subpart A Refer to subpart A. § 63.506(e)(3) Precompliance Report a 1. Existing affected sources: December 19, 2000. 2. New affected sources: with the application for approval of construction or reconstruction. § 63.506(e)(4) Emissions Averaging Plan September 19, 2000. § 63.506(e)(4)(iv) Updates to Emissions Averaging Plan 120 days prior to making the change necessitating the update. § 63.506(e)(5) Notification of Compliance Status b Within 150 days after the compliance date. § 63.506(e)(6) Periodic reports Semiannually, no later than 60 days after the end of each 6-month period. See § 63.506(e)(6)(i) for the due date for this report. § 63.506(e)(6)(xi) Quarterly for reports Emissions Averaging No later than 60 days after the end of each quarter. First report is due with the Notification of Compliance Status. § 63.506(e)(6)(xii) Quarterly reports upon request of the Administrator No later than 60 days after the end of each quarter. § 63.506(e)(7)(i) Storage Vessels Notification of Inspection At least 30 days prior to the refilling of each storage vessel or the inspection of each storage vessel. § 63.506(e)(7)(ii) Requests for Approval of a Nominal Control Efficiency for Use in Emissions Averaging Initial submittal is due with the Emissions Averaging Plan; later submittals are made at the discretion of the owner or operator as specified in § 63.506(e)(7)(ii)(B). § 63.506(e)(7)(iii) Notification of Change in the Primary Product For notification under § 63.480(f)(3)(ii)—notification submittal date at the discretion of the owner or operator. c For notification under § 63.480(f)(4)(ii)—within 6 months of making the determination. § 63.506(e)(7)(vi) Fenceline Monitoring Reports Quarterly, no later than 45 calendar days following the end of each quarterly reporting period. See § 63.182(e) of subpart H of this part for the due date for this report. a b c [66 FR 36928, July 16, 2001, as amended at 89 FR 43268, May 16, 2024] Table 10 to Subpart U of Part 63—Toxic Equivalency Factors Dioxin and Furan Congener Toxic 1,2,3,7,8-pentachlorodibenzo-p-dioxin 1 1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.01 octachlorodibenzo-p-dioxin 0.0003 2,3,7,8-tetrachlorodibenzofuran 0.1 2,3,4,7,8-pentachlorodibenzofuran 0.3 1,2,3,7,8-pentachlorodibenzofuran 0.03 1,2,3,4,7,8-hexachlorodibenzofuran 0.1 1,2,3,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,7,8,9-hexachlorodibenzofuran 0.1 2,3,4,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorodibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorodibenzofuran 0.01 Octachlorodibenzofuran 0.0003 [89 FR 43268, May 16, 2024] Subpart V [Reserved] Subpart W—National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non-Nylon Polyamides Production Source: 60 FR 12676, Mar. 8, 1995, unless otherwise noted. § 63.520 Applicability and designation of sources. The provisions of this subpart apply to all existing, new, and reconstructed manufacturers of basic liquid epoxy resins (BLR) and manufacturers of wet strength resins (WSR) that are located at a plant site that is a major source, as defined in section 112(a) of the Clean Air Act. Research and development facilities, as defined in § 63.522, are exempt from the provisions of this subpart. The affected source is also defined in § 63.522. If a change occurs to an existing source that does not constitute reconstruction then the additions have to meet the existing source requirements of the MACT standards. Any reconstruction of an existing source, or construction of a new source, must meet the new source standard. Affected sources are also subject to certain requirements of subpart A of this part, as specified in Table 1 of this subpart. § 63.521 Compliance schedule. (a) Owners or operators of existing affected BLR and WSR sources shall comply with the applicable provisions of this subpart within 3 years of the promulgation date. (b) New and reconstructed sources subject to this subpart shall be in compliance with the applicable provisions of this subpart upon startup. (c) All affected sources that commenced construction or reconstruction on or before April 25, 2023, must be in compliance with the requirements in § 63.523(d), § 63.524(a)(3), (b)(3), and (c), § 63.525(a), (e), (j), (k), and (l), § 63.527(f) and (g), and § 63.528(a)(4) upon initial startup or on July 15, 2027, whichever is later. All affected sources that commenced construction or reconstruction after April 25, 2023, must be in compliance with the requirements in § 63.523(d), § 63.524(a)(3), (b)(3), and (c), § 63.525(a), (e), (j), (k), and (l), § 63.527(f) and (g), and § 63.528(a)(4) upon initial startup, or on July 15, 2024, whichever is later. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43268, May 16, 2024] § 63.522 Definitions. Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows: Administrator Affected source Basic liquid epoxy resins (BLR) Batch emission episode Batch process Closed-vent system Continuous process Dioxins and furans Drain system Equipment leaks Heat Exchange System e.g., In organic hazardous air pollutant in organic HAP service Pressure relief device or valve Process vent Production-based emission rate Research and development facility Storage tank Unit operation Waste management unit Wastewater Wastewater system Wet strength resins (WSR) [60 FR 12676, Mar. 8, 1995, as amended at 65 FR 26497, May 8, 2000; 89 FR 43268, May 16, 2024] § 63.523 Standards for basic liquid resins manufacturers. (a) Owners or operators of existing affected BLR sources shall operate sources such that the rate of emissions of hazardous air pollutants from all process vents, storage tanks, and wastewater systems combined shall not exceed 130 pounds per 1 million pounds of BLR produced, and comply with the dioxin and furans emissions limit for process vents specified in paragraph (e) of this section. (b) Owners or operators of new or reconstructed affected BLR sources shall reduce uncontrolled emissions from the sum of uncontrolled process vents, storage tanks, and wastewater systems by 98 percent, or limit the total emissions from these emission points to 5,000 pounds per year. (1) For process vents, uncontrolled emissions are defined as gaseous emission streams past the last recovery device. (2) For storage tanks, uncontrolled emissions are defined as emissions calculated according to the methodology specified in § 63.150(g)(3). (3) For wastewater systems, uncontrolled emissions are the total amount of HAP discharged to the drain system. (c) Owners or operators of existing, new, or reconstructed affected BLR sources shall comply with the requirements of subpart H of this part to control emissions from equipment leaks. (d) For each existing, new, or reconstructed affected BLR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator must comply with the requirements of § 63.104 for heat exchange systems, with the exceptions noted in paragraphs (d)(1) through (8) of this section. (1) When the term “chemical manufacturing process unit” is used in § 63.104, the term “existing, new, or reconstructed affected BLR source” shall apply for the purposes of this subpart. (2) When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3), except for chemical manufacturing process units meeting the condition specified in § 63.100(c)” is used in the first sentence of § 63.104(a), the term “an existing, new, or reconstructed affected BLR source” shall apply for the purposes of this subpart. When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3),” is used in the last sentence of § 63.104(a), the term “an existing, new, or reconstructed affected BLR source” shall apply for purposes of this subpart. (3) When § 63.104 refers to table 4 to subpart F of this part or table 9 of subpart G of this part, the owner or operator is required to consider all hazardous air pollutants. (4) When § 63.104(c)(3) specifies the monitoring plan retention requirements, and when § 6 3.104(f)(1) refers to the record retention requirements in § 63.103(c)(1) of subpart F of this part, the requirements in § 63.527(d) shall apply, for the purposes of this subpart. (5) When § 63.104(f)(2) requires information to be reported in the Periodic Reports required by § 63.152(c), the owner or operator shall instead report the information specified in § 63.104(f)(2) in the Periodic Reports required by § 63.528(a), for the purposes of this subpart. (6) The compliance date for heat exchange systems subject to the provisions of this section is specified in § 63.521(c). (7) Substitute “Beginning no later than the compliance dates specified in § 63.521(c),” for each occurrence of “Beginning no later than the compliance dates specified in § 63.100(k)(10),”. (8) § 63.104(k) does not apply. Instead for each existing, new, or reconstructed affected BLR source, beginning no later than the compliance dates specified in § 63.521(c), owners and operators must not inject water into or dispose of water through any heat exchange system in an affected source if the water is considered wastewater as defined in § 63.522. (e) For each existing, new, or reconstructed affected BLR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator of a process vent that contains chlorine, hydrogen chloride, or any other chlorinated compound must reduce emissions of dioxins and furans (toxic equivalency basis) to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43269, May 16, 2024] § 63.524 Standards for wet strength resins manufacturers. (a) In addition to the requirements specified in paragraph (c) of this section, and except as specified in paragraph (a)(3) of this section, owners or operators of existing affected WSR sources shall either: (1) Limit the total emissions of hazardous air pollutants from all process vents, storage tanks, and wastewater systems to 10 pounds per 1 million pounds of wet strength resins produced; or (2) Comply with the requirements of subpart H of this part to control emissions from equipment leaks. (3) For each existing affected WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator shall comply with both paragraphs (a)(1) and (a)(2) of this section and must reduce emissions of dioxins and furans (toxic equivalency basis) from each process vent that contains chlorine, hydrogen chloride, or any other chlorinated compound to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen. (b) In addition to the requirements specified in paragraph (c) of this section, and except as specified in paragraph (b)(3) of this section, owners or operators of new or reconstructed affected WSR sources shall either: (1) Limit the total emissions of hazardous air pollutants from all process vents, storage tanks, and wastewater systems to 7 pounds per 1 million pounds of wet strength resins produced; or (2) Comply with the requirements of subpart H of this part to control emissions from equipment leaks. (3) For each new or reconstructed affected WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator shall comply with both paragraphs (b)(1) and (2) of this section and must reduce emissions of dioxins and furans (toxic equivalency basis) from each process vent that contains chlorine, hydrogen chloride, or any other chlorinated compound to a concentration of 0.054 nanograms per standard cubic meter on a dry basis corrected to 3 percent oxygen. (c) For each existing, new, or reconstructed affected WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator shall comply with the requirements of § 63.104 for heat exchange systems, with the exceptions noted in paragraphs (d)(1) through (8) of this section. (1) When the term “chemical manufacturing process unit” is used in § 63.104, the term “existing, new, or reconstructed affected WSR source” shall apply for the purposes of this subpart. (2) When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3) of this subpart, except for chemical manufacturing process units meeting the condition specified in § 63.100(c) of this subpart” is used in the first sentence of § 63.104(a), the term “an existing, new, or reconstructed affected WSR source” shall apply for the purposes of this subpart. When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3),” is used in the last sentence of § 63.104(a), the term “an existing, new, or reconstructed affected WSR source” shall apply for purposes of this subpart. (3) When § 63.104 refers to table 4 of subpart F of this part or Table 9 of subpart G of this part, the owner or operator is required to consider all hazardous air pollutants. (4) When § 63.104(c)(3) specifies the monitoring plan retention requirements, and when § 63.104(f)(1) refers to the record retention requirements in § 63.103(c)(1), the requirements in § 63.527(d) shall apply, for the purposes of this subpart. (5) When § 63.104(f)(2) requires information to be reported in the Periodic Reports required by § 63.152(c), the owner or operator shall instead report the information specified in § 63.104(f)(2) in the Periodic Reports required by § 63.528(a), for the purposes of this subpart. (6) The compliance date for heat exchange systems subject to the provisions of this section is specified in § 63.521(c). (7) Substitute “Beginning no later than the compliance dates specified in § 63.521(c),” for each occurrence of “Beginning no later than the compliance dates specified in § 63.100(k)(10), (8) § 63.104(k) of subpart F of this part does not apply. Instead for each existing, new, or reconstructed affected WSR source, beginning no later than the compliance dates specified in § 63.521(c), owners and operators must not inject water into (or dispose of water through) any heat exchange system in an affected source if the water is considered wastewater as defined in § 63.522. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43269, May 16, 2024] § 63.525 Compliance and performance testing. (a) The owner or operator of any existing affected BLR source shall, in order to demonstrate compliance with the applicable emission limits, determine the emission rate from all process vent, storage tank, and wastewater system emission points using the methods described below. Except as specified in paragraph (l) of this section, compliance tests shall be performed under normal operating conditions. Beginning no later than the compliance dates specified in § 63.521(c), conduct subsequent performance tests no later than 60 calendar months after the previous performance test. (1) Except as specified in paragraph (m) of this section, the owner or operator shall use the EPA test methods from 40 CFR part 60, listed in paragraphs (a)(1) (i) through (iii) of this section, to determine emissions from process vents. Testing of process vents on equipment operating as part of a continuous process will consist of conducting three 1-hour runs. Gas stream volumetric flow rates shall be measured every 15 minutes during each 1-hour run. Organic HAP or TOC concentration shall be determined from samples collected in an integrated sample over the duration of each 1-hour test run, or from grab samples collected simultaneously with the flow rate measurements (every 15 minutes). If an integrated sample is collected for laboratory analysis, the sampling rate shall be adjusted proportionally to reflect variations in flow rate. If the flow of gaseous emissions is intermittent, determination of emissions from process vents shall be performed according to the methods specified in paragraph (e) of this section. For process vents with continuous gas streams, the emission rate used to determine compliance shall be the average emission rate of the 3 test runs. For process vents with intermittent emission streams, the calculated emission rate or the emission rate from a single test run may be used to determine compliance. (i) Method 1 or 1A of appendix A-1 to 40 CFR part 60 as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube. A traverse shall be conducted before and after each 1-hour sampling period. No traverse is necessary when using Method 2A or 2D of appendix A-2 to 40 CFR part 60 to determine flow rate. (ii) Method 2, 2A, 2C or 2D of appendix A-1 to part 60 of this chapter, as appropriate, shall be used for the determination of gas stream volumetric flow rate. If Method 2 or 2C is used, the velocity measurements shall be made at a single point, in conjunction with the traverse, to establish an average velocity across the stack. (iii) Method 25A and/or Methods 18 and 25A of appendices A-6 and A-7 to 40 CFR part 60, as appropriate, must be used to determine the concentration of HAP in the streams. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (iv) Initial determination of de minimis status for process vents may be made by engineering assessment, as specified in § 63.526(a)(1)(iv). (2) Emissions from wastewater treatment systems shall be determined in accordance with the methods described in 40 CFR part 63, appendix C. (3) Emissions from storage tanks shall be calculated in accordance with the methods specified in § 63.150(g)(3). (b) The owner or operator of any existing affected BLR source shall determine a production-based emission rate for each emission point by dividing the emission rate of each emission point by the BLR production rate of the source. The production rate shall be based on normal operations. (1) The production-based emission rate for process vents shall be calculated by dividing the average emission rate by the average production rate. (2) The production-based emission rate for storage tanks shall be calculated by dividing annual emissions for each storage tank emission point by the production rate for a one-year period. The production rate shall be calculated using the same data used to calculate the production-based emission rate in paragraph (b)(1) of this section, converted to an annual rate. (3) The production-based emission rate for wastewater systems shall be calculated by dividing annual emissions for each wastewater system emission point by the production rate for one-year period. The production rate shall be calculated using the same data used to calculate the production-based emission rate in paragraph (b)(1) of this section, converted to an annual rate. (c) The owner or operator of an existing affected BLR source shall calculate the total emissions per product produced by summing the production-based emissions for all process vent, storage tank, and wastewater system emission points according to the following equation: E=Σ PV + Σ ST + Σ WW where: E = emissions, pounds (lb) HAP per million (MM) lb product; PV = process vent emissions, lb HAP/MM lb product; ST = storage tank emissions, lb HAP/MM lb product; and WW = wastewater system emissions, lb HAP/MM lb product. The source is in compliance with the standard for process vents, storage tanks, and wastewater systems if the sum of the equation is less than the applicable emission limit from § 63.523(a). (d) The owner or operator of any new or reconstructed affected BLR source shall demonstrate compliance using the methods described in this section. (1) Any owner or operator who elects to comply with § 63.523(b) by achieving 98 percent control of emissions from process vents, storage tanks, and wastewater systems shall demonstrate compliance according to the requirements of paragraphs (d)(1) (i) through (iv) of this section. (i) The owner or operator shall perform testing as specified in paragraph (a)(1) of this section to determine controlled and uncontrolled emissions from process vents. Sampling points for determining uncontrolled emissions shall be located based on the definition of uncontrolled process vents in § 63.523(b)(1). (ii) The owner or operator shall calculate controlled and uncontrolled emissions from storage tanks in accordance with the methods specified in § 63.150(g)(3). (iii) The owner or operator shall determine controlled and uncontrolled emissions from wastewater systems using the methodology of 40 CFR part 63, appendix C. Uncontrolled emission calculations shall be consistent with the definition of uncontrolled wastewater system emissions in § 63.523(b)(3). (iv) The owner or operator shall calculate the percent reduction in emissions from process vents, storage tanks, and wastewater systems combined. The affected source is in compliance if the emission reduction is greater than or equal to 98 percent. (2) Any owner or operator who elects to comply with § 63.523(b) by limiting HAP emissions from process vents, storage tanks, and wastewater systems to 5,000 pounds per year or less shall demonstrate compliance according to the requirements of paragraphs (d)(2) (i) and (ii) of this section. (i) Emissions from process vents, storage tanks, and wastewater systems shall be determined according to paragraphs (a) (1) through (3) of this section. Emissions shall be converted to annual emissions. Annual emission calculations shall reflect production levels representative of normal operating conditions. (ii) The owner or operator shall calculate total emissions from all process vent, storage tank, and wastewater system emission points. The affected source is in compliance with the standard if total emissions are less than or equal to 5,000 lb/yr. (3) To demonstrate compliance with the process vent dioxins and furans emission limit, the owner or operator must use the procedures of paragraph (m) of this section. (e) The owner or operator of any existing, new, or reconstructed WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems shall demonstrate compliance by determining emissions for all process vent, storage tank, and wastewater systems emission points using the methods described in this section. The owner or operator of any existing, new, or reconstructed WSR source that is subject to the process vent dioxins and furans emission limit must demonstrate compliance by following the procedures in paragraph (e)(3) of this section. Beginning no later than the compliance dates specified in § 63.521(c), conduct subsequent performance tests no later than 60 calendar months after the previous performance test. (1) Emissions of HAP reactor process vents shall be calculated for each batch emission episode according to the methodologies described in paragraph (e)(1) of this section. (i) Emissions from vapor displacement due to transfer of material into or out of the reactor shall be calculated according to the following equation: where: E = mass emission rate; yi = saturated mole fraction of HAP in the vapor phase; V = volume of gas displaced from the vessel; R = ideal gas law constant; T = temperature of the vessel vapor space; absolute; P T MW = molecular weight of the HAP. (ii) Emissions from reactor purging shall be calculated using the methodology described in paragraph (e)(1)(i) of this section, except that for purge flow rates greater than 100 standard cubic feet per minute (scfm), the mole fraction of HAP will be assumed to be 25 percent of the saturated value. (iii) Emissions caused by heating of the reactor vessel shall be calculated according to the following methodology: where: E = mass of HAP vapor displaced from the vessel being heated up; (P i Tn Pa 1 Pa 2 MW HAP The moles of gas displaced is represented by: where: Δη = number of lb-moles of gas displaced; V = volume of free space in the vessel; R = ideal gas law constant; Pa 1 Pa 2 T 1 T 2 The initial pressure of the noncondensable gas in the vessel shall be calculated according to the following equation: where: Pa 1 P atm (P ic T1 1 The average molecular weight of HAP in the displaced gas shall be calculated as follows: where n is the number of different HAP compounds in the emission stream. (2) Emissions of HAP from process vents may be measured directly. The EPA Test Methods listed in paragraph (e)(2) (i) through (iii) of this section, from 40 CFR part 60, appendix A, shall be used to demonstrate compliance with the requirements of § 63.524 by direct measurement. Testing shall be performed for every batch emission episode of the unit operation. Gas stream volumetric flow rates shall be measured at 15-minute intervals, or at least once during each batch emission episode. Organic HAP or TOC concentration shall be determined from samples collected in an integrated sample over the duration of each episode, or from grab samples collected simultaneously with the flow rate measurements (every 15 minutes). If an integrated sample is collected for laboratory analysis, the sampling rate shall be adjusted proportionally to reflect variations in flow rate. Test conditions shall represent the normal operating conditions under which the data used to calculate the production rate are taken. (i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube. A traverse shall be conducted before and after each sampling period. No traverse is necessary when using Method 2A or 2D. (ii) Method 2,2A, 2C or 2D of 40 CFR part 60, appendix A, as appropriate, shall be used for the determination of gas stream volumetric flow rate. If Method 2 or 2C is used, the velocity measurements shall be made at a single point than can be used, in conjunction with the traverse, to establish an average velocity across the stack. (iii) Method 25A and/or Methods 18 and 25A of appendices A-6 and A-7 to 40 CFR part 60, as appropriate, must be used to determine the concentration of HAP in the streams. ASTM D6420-18 (incorporated by reference, see § 63.14) may also be used in lieu of Method 18, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 must not be used for methane and ethane; and ASTM D6420-18 may not be used as a total VOC method. (iv) The owner or operator may choose to perform tests only during those periods of the episode in which the emission rate for the entire episode can be determined, or when the emissions are greater than the average emission rate of the episode. The owner or operator who chooses either of these options must develop an emission profile for the entire batch emission episode, based on either process knowledge or test data collected, to demonstrate that test periods are representative. Examples of information that could constitute process knowledge include calculations based on material balances, and process stoichiometry. Previous test results may be used provided the results are still relevant to the current process vent stream conditions. (v) For batch emission episodes of duration greater than 8 hours, the owner or operator is required to perform a maximum of 8 hours of testing. The test period must include the period of time in which the emission rate is predicted by the emission profile to be greater than average emission rate for the batch emission episode. (3) To demonstrate compliance with the process vent dioxins and furans emission limit, the owner or operator must use the procedures of paragraph (m) of this section. Testing shall be performed for each unit operation. (f) The owner or operator of any affected WSR source that is subject to the emissions limit for process vents, storage tanks, and wastewater systems shall calculate emissions from storage tanks in accordance with the methods specified in § 63.150(g)(3). (g) The owner or operator of any affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems shall calculate emissions from wastewater treatment systems (if applicable) in accordance with the methods described in 40 CFR part 63, appendix C. (h) The owner or operator of any affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems shall calculate the average amount of WSR product manufactured per batch, using data from performance tests or from emission calculations, as applicable, to determine the average WSR production per-batch production data for an annual period representing normal operating conditions. (1) The owner or operator shall calculate an average emission rate per batch as the average of the results from the performance tests or calculations. The production-based emission rate shall be calculated by dividing the emissions per batch by the average production per batch. (2) Compliance shall be determined according to the methodology described in paragraph (c) of this section. The source is in compliance with the standard for process vents, storage tanks, and wastewater systems if the sum of the equation in paragraph (c) of this section is less than the applicable emission limit from § 63.524. (i) The owner or operator of any affected BLR source or any affected WSR source that is subject to the requirements of subpart H of this part must demonstrate the ability of its specific program to meet the compliance requirements therein to achieve initial compliance. (j) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), owners and operators of sources as defined in § 63.520 shall comply with the requirements of this subpart at all times, except during periods of nonoperation of the source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. (k) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), at all times, owners and operators must operate and maintain any source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require owners and operators to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (l) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator may not conduct performance tests during periods of malfunction. Owners and operators must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, owners and operators must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (m) Except as specified in paragraph (m)(7) of this section, to demonstrate compliance with the process vent dioxins and furans emission limit, the owner or operator must conduct a performance test using the procedures in paragraphs (m)(1) through (m)(6) of this section. Conduct subsequent performance tests no later than 60 calendar months after the previous performance test. (1) The performance test must consist of three test runs. Collect at least 3 dry standard cubic meters of gas per test run. (2) Use Method 1 or 1A of 40 CFR part 60, appendix A-1 to select the sampling sites at the sampling location. The sampling location must be at the outlet of the final control device. (3) Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. (4) Use Method 4 of 40 CFR part 60, appendix A-3 to convert the volumetric flowrate to a dry basis. (5) Measure the concentration of each tetra- through octa-chlorinated dioxin and furan congener emitted using Method 23 at 40 CFR part 60, appendix A-7. (i) For each dioxin and furan congener, multiply the congener concentration by its corresponding toxic equivalency factor specified in table 2 to this subpart. For determination of toxic equivalency, zero may be used for congeners with a concentration less than the estimated detection limit (EDL). For congeners with estimated maximum pollutant concentration (EMPC) results, if the value is less than the EDL, zero may be used. Otherwise, the EMPC value must be used in the calculation of toxic equivalency. (ii) Sum the products calculated in accordance with paragraph (m)(5)(i) of this section to obtain the total concentration of dioxins and furans emitted in terms of toxic equivalency. (6) The concentration of dioxins and furans shall be corrected to 3 percent oxygen. Use Method 3A of 40 CFR part 60, appendix A to determine the oxygen concentration (%O 2d c Where: C c C m %O 2 (7) An owner or operator is not required to conduct a performance test when either a boiler or process heater burning hazardous waste, or hazardous waste incinerator, is used for which the owner or operator: (A) Has been issued a final permit under part 270 of this chapter and complies with the requirements of 40 CFR part 266, subpart H; (B) Has certified compliance with the interim status requirements of part 266, subpart H, of this chapter; (C) Meets the requirement specified in paragraph (g)(7)(i)(E) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (D) Meets the requirement specified in paragraph (g)(7)(i)(E) of this section, complies with subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (E) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4) and each performance test required by § 63.1207(d) must show compliance with the dioxins and furans emission limit specified in § 63.523(e) and § 63.524(a)(3) and (b)(3), as applicable. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43270, May 16, 2024] § 63.526 Monitoring requirements. (a) The owner or operator of any existing, new, or reconstructed affected BLR source shall provide evidence of continued compliance with the standard. During each compliance demonstration, maximum or minimum operating parameters, as appropriate, shall be established for processes and control devices that will indicate the source is in compliance. If the operating parameter to be established is a maximum, the value of the parameter shall be the average of the maximum values from each of the three test runs. If the operating parameter to be established is a minimum, the value of the parameter shall be the average of the minimum values from each of the three test runs. Parameter values for process vents with intermittent emission streams shall be determined as specified in paragraph (b)(1) of this section. The owner or operator shall operate processes and control devices within these parameters to ensure continued compliance with the standard. A de minimis level is specified in paragraph (a)(1) of this section. Monitoring parameters are specified for various process vent control scenarios in paragraphs (a) (2) through (7) of this section. (1) For affected BLR sources, uncontrolled emission points emitting less than one pound per year of HAP are not subject to the monitoring requirements of paragraphs (a) (2) through (6) of this section. The owner or operator shall use the methods specified in § 63.525(a), as applicable, or as specified in paragraph (a)(1)(i) of this section, to demonstrate which emission points satisfy the de minimis criteria, to the satisfaction of the Administrator. (i) For the purpose of determining de minimis status for emission points, engineering assessment may be used to determine process vent stream flow rate and/or concentration for the representative operating conditions expected to yield the highest flow rate and concentration. Engineering assessment includes, but is not limited to, the following: (A) Previous test results provided the tests are representative of current operating practices at the process unit. (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (C) Maximum flow rate, HAP emission rate, concentration, or other relevant parameter specified or implied within a permit limit applicable to the process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 (ii) All data, assumptions, and procedures used in the engineering assessment shall be documented in accordance with § 63.527(c). (2) For affected sources using water scrubbers, the owner or operator shall establish a minimum scrubber water flow rate as a site-specific operating parameter which must be measured and recorded every 15 minutes. The affected source will be considered to be out of compliance if the scrubber water flow rate, averaged over any continuous 24-hour period, is below the minimum value established during the most recent compliance demonstration. (3) For affected sources using condensers, the owner or operator shall establish the maximum condenser outlet gas temperature as a site-specific operating parameter which must be measured and recorded every 15 minutes. The affected source will be considered to be out of compliance if the condenser outlet gas temperature, averaged over any continuous 24-hour period, is greater than the maximum value established during the most recent compliance demonstration. (4) For affected sources using carbon adsorbers or having uncontrolled process vents, the owner or operator shall establish a maximum outlet HAP concentration as the site-specific operating parameter which must be measured and recorded every 15 minutes. The affected source will be considered to be out of compliance if the outlet HAP concentration, averaged over any continuous 24-hour period, is greater than the maximum value established during the most recent compliance demonstration. (5) For affected sources using flares, the presence of the pilot flame shall be monitored every 15 minutes. The affected source will be considered to be out of compliance upon loss of pilot flame. (6) Wastewater system parameters to be monitored are the parameters specified under 40 CFR part 414, subpart E. The affected source will be considered to be out of compliance with this subpart W if it is found to be out of compliance with 40 CFR part 414, subpart E. (7) For affected sources using sorbent injection, the owner or operator shall establish both a minimum sorbent injection rate and minimum carrier gas flow rate flow rate as site-specific operating parameters which must be measured and recorded every 15 minutes. The affected source will be considered to be out of compliance if the sorbent injection rate or the carrier gas flow rate flow rate, averaged over any continuous 24-hour period, is below the minimum values established during the most recent compliance demonstration. (b) The owner or operator of any existing, new, or reconstructed affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems and/or is subject to the dioxins and furans emission limit for process vents shall provide evidence of continued compliance with the standard. As part of each compliance demonstrations for batch process vents, test data or compliance calculations shall be used to establish a maximum or minimum level of a relevant operating parameter for each unit operation. The parameter value for each unit operation shall represent the worst case value of the operating parameter from all episodes in the unit operation. The owner or operator shall operate processes and control devices within these parameters to ensure continued compliance with the standard. (1) For batch process vents, the level shall be established in accordance with paragraphs (b)(1) (i) through (iv) of this section if compliance testing is performed. (i) If testing is used to demonstrate compliance, the appropriate parameter shall be monitored during all batch emission episodes in the unit operation. (ii) An average monitored parameter value shall be determined for each of the batch emission episodes in the unit operation. (iii) If the level to be established for the unit operation is a maximum operating parameter, the level shall be defined as the minimum of the average parameter values determined in paragraph (b)(1)(ii) of this section. (iv) If the level to be established for the unit operation is a minimum operating parameter, the level shall be defined as the maximum of the average parameter values determined in paragraph (b)(1)(ii) of this section. (2) Affected sources with condensers on process vents shall establish the maximum condenser outlet gas temperature as a site-specific operating parameter, which must be measured every 15 minutes, or at least once for batch emission episodes less than 15 minutes in duration. The affected source will be considered to be out of compliance if the maximum condenser outlet gas temperature, averaged over the duration of the batch emission episode or unit operation, is greater than the value established during the most recent compliance demonstration. (3) For affected sources using water scrubbers, the owner or operator shall establish a minimum scrubber water flow rate as a site-specific operating parameter which must be measured and recorded every 15 minutes, or at least once for batch emission episodes less than 15 minutes in duration. The affected source will be considered to be out of compliance if the scrubber water flow rate, averaged over the duration of the batch emission episode or unit operation, is below the minimum flow rate established during the most recent compliance demonstration. (4) For affected sources using carbon adsorbers or having uncontrolled process vents, the owner or operator shall establish a maximum outlet HAP concentration as the site-specific operating parameter which must be measured and recorded every 15 minutes, or at least once for batch emission episodes of duration shorter than 15 minutes. The affected source will be considered to be out of compliance if the outlet HAP concentration, averaged over the duration of the batch emission episode or unit operation, is greater than the value established during the most recent compliance demonstration. (5) For affected sources using flares, the presence of the pilot flame shall be monitored every 15 minutes, or at least once for batch emission episodes less than 15 minutes in duration. The affected source will be considered to be out of compliance upon loss of pilot flame. (6) Wastewater system parameters to be monitored are the parameters specified by 40 CFR part 414, subpart E. The affected source will be considered to be out of compliance with this subpart W if it is found to be out of compliance with 40 CFR part 414, subpart E. (7) For affected sources using sorbent injection, the owner or operator shall establish both a minimum sorbent injection rate and minimum carrier gas flow rate flow rate as site-specific operating parameters which must be measured and recorded every 15 minutes. The affected source will be considered to be out of compliance if the sorbent injection rate or the carrier gas flow rate flow rate, averaged over any continuous 24-hour period, is below the minimum values established during the most recent compliance demonstration. (c) Periods of time when monitoring measurements exceed the parameter values do not constitute a violation if they occur during a startup, shutdown, or malfunction, and the facility is operated in accordance with § 63.6(e)(1). For each existing, new, or reconstructed affected BLR and WSR source, on and after July 15, 2027, this paragraph no longer applies. (d) The owner or operator of any affected WSR source that is subject to the requirements of subpart H of this part shall meet the monitoring requirements of subpart H of this part. [60 FR 12676, Mar. 8, 1995, as amended at 71 FR 20457, Apr. 20, 2006; 89 FR 43272, May 16, 2024] § 63.527 Recordkeeping requirements. (a) The owner or operator of any affected BLR source shall keep records of daily average values of equipment operating parameters specified to be monitored under § 63.526(a) or specified by the Administrator. Records shall be kept in accordance with the requirements of applicable paragraphs of § 63.10 of subpart A of this part, as specified in the General Provisions applicability table of this subpart. The owner or operator shall keep records up-to-date and readily accessible. (1) A daily (24-hour) average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous. (2) The operating day shall be the period defined in the operating permit or the Notification of Compliance Status in § 63.9(h) of subpart A of this part. It may be from midnight to midnight or another continuous 24-hour period. (3) In the event of an excursion, the owner or operator must keep records of each 15-minute reading during the period in which the excursion occurred. (b) The owner or operator of any affected WSR source subject to the emission limit for process vents, storage tanks, and wastewater systems and/or subject to the dioxins and furans emission limit for process vents shall keep records of values of equipment operating parameters specified to be monitored under § 63.526(b) or specified by the Administrator. The records that shall be kept are the average values of operating parameters, determined for the duration of each unit operation. Records shall be kept in accordance with the requirements of applicable paragraphs of § 63.10, as specified in the General Provisions applicability table in this subpart. The owner or operator shall keep records up-to-date and readily accessible. In the event of an excursion, the owner or operator must keep records of each 15-minute reading for the entire unit operation in which the excursion occurred. (c) The owner or operator of any affected BLR source, as well the owner or operator of any affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems, who demonstrates that certain process vents are below the de minimis cutoff for continuous monitoring specified in § 63.526(a)(1)(i), shall maintain up-to-date, readily accessible records of the following information to document that a HAP emission rate of less than one pound per year is maintained: (1) The information used to determine de minimis status for each de minimis process vent, as specified in § 63.526(a)(1)(i); (2) Any process changes as defined in § 63.115(e) of subpart G of this part that increase the HAP emission rate; (3) Any recalculation or measurement of the HAP emission rate pursuant to § 63.115(e) of subpart G of this part; and (4) Whether or not the HAP emission rate increases to one pound per year or greater as a result of the process change. (d) The owner or operator of any affected BLR source, as well as the owner or operator of any affected WSR source subject to the leak detection and repair program specified in subpart H of this part, shall implement the recordkeeping requirements outlined therein. All records shall be retained for a period of 5 years, in accordance with the requirements of 40 CFR 63.10(b)(1). (e) Any excursion from the required monitoring parameter, unless otherwise excused, shall be considered a violation of the emission standard. (f) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator of any affected BLR source, as well the owner or operator of any affected WSR source subject to the emission limit for process vents, storage tanks, and wastewater systems, must keep the records specified in paragraphs (f)(1) through (3) of this section each pressure relief device, as defined in § 63.522. (1) The start and end time and date of each pressure release to the atmosphere. (2) An estimate of the mass quantity in pounds of each organic HAP released. (3) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event. (g) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), the owner or operator of any affected BLR source, as well the owner or operator of any affected WSR source subject to the emission limit for process vents, storage tanks, and wastewater systems, must keep the records specified in paragraphs (g)(1) through (3) of this section for each maintenance vent release. A process vent is considered a maintenance vent if the process vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed, or placed into service. (1) Identification of the maintenance vent and the equipment served by the maintenance vent. (2) The date and time the maintenance vent was opened to the atmosphere. (3) An estimate of the mass in pounds of organic HAP released during the entire atmospheric venting event. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43273, May 16, 2024] § 63.528 Reporting requirements. (a) The owner or operator of any affected BLR source, as well as the owner or operator of any affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems and/or is subject to the dioxins and furans emission limit for process vents, shall comply with the reporting requirements of applicable paragraphs of § 63.10, as specified in the General Provisions applicability table in this subpart. The owner or operator shall also submit to the Administrator, as part of the quarterly excess emissions and continuous monitoring system performance report and summary report required by § 63.10(e)(3), the following recorded information. On and after July 15, 2027 or once the reporting template for this subpart has been available on the CEDRI website for 1 year, whichever date is later, owners and operators must submit all subsequent reports following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Polymers and Resins Sector Lead. Owners and operators must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) Reports of monitoring data, including 15-minute monitoring values as well as daily average values or per-unit operation average values, as applicable, of monitored parameters for all operating days or unit operations when the average values were outside the ranges established in the Notification of Compliance Status or operating permit, including reports specified in paragraph (a)(4) of this section. (2) Reports of the duration of periods when monitoring data is not collected for each excursion caused by insufficient monitoring data, including reports specified in paragraph (a)(4) of this section. An excursion means any of the three cases listed in paragraph (a)(2)(i) or (a)(2)(ii) of this section. For a control device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria in paragraph (a)(2)(i) or (a)(2)(ii) of this section, this is considered a single excursion for the control device. In the report, include the identification of the source, start date, start time, duration in hours, and monitored parameter(s) meeting the excursion criteria. (i) When the period of control device operation is 4 hours or greater in an operating day and monitoring data are insufficient to constitute a valid hour of data, as defined in paragraph (a)(2)(iii) of this section, for at least 75 percent of the operating hours. (ii) When the period of control device operation is less than 4 hours in an operating day and more than one of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data. (iii) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (a)(2)(i) and (ii) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. (3) Whenever a process change, as defined in § 63.115(e), is made that causes the emission rate from a de minimis emission point to become a process vent with an emission rate of one pound per year or greater, the owner or operator shall submit a report within 180 calendar days after the process change. The report may be submitted as part of the next summary report required under § 63.10(e)(3). The report shall include: (i) A description of the process change; and (ii) The results of the recalculation of the emission rate. (4) For each existing, new, or reconstructed affected BLR and WSR source, beginning no later than the compliance dates specified in § 63.521(c), for each excursion that is not an excused excursion, the report must include a list of the affected sources or equipment, the monitored parameter, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, the cause of the excursion (including unknown cause, if applicable), as applicable, and the corrective action taken. Include the start date, start time, and duration in hours of each excursion. (5) For pressure relief device subject to § 63.527(f), report each pressure release to the atmosphere, including pressure relief device identification name or number, the start date, start time, and duration (in minutes) of the pressure release; and an estimate of the mass quantity in pounds of each organic HAP released. (6) For heat exchangers subject to § 63.104 of subpart F of this part, the information specified in § 63.104(f)(2) of subpart F of this part. (b) The owner or operator of any affected BLR source, as well as the owner or operator of any affected WSR source who is subject to the leak detection and repair program specified in subpart H of this part, shall implement the reporting requirements outlined therein. Copies of all reports shall be retained as records for a period of 5 years, in accordance with the requirements of 40 CFR 63.10(b)(1). (c) The owner or operator of any affected BLR source, as well as the owner or operator of any affected WSR source that is subject to the emission limit for process vents, storage tanks, and wastewater systems shall include records of all monitoring parameters in the Notification of Compliance Status and summary reports required by subpart A of this part. (d) Beginning no later than July 15, 2024, owners and operators must submit performance test reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each performance test required by this subpart, owners and operators must submit the results of the performance test following the procedures specified in § 63.9(k). Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert [89 FR 43273, May 16, 2024] § 63.529 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.520, 63.521, 63.523, and 63.524. Where these standards reference another rule, the cited provisions in that rule will be delegated according to the delegation provisions of that rule. (2) Approval of major alternatives to test methods for under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37350, June 23, 2003, as amended at 89 FR 43274, May 16, 2024] Table 1 to Subpart W of Part 63—General Provisions Applicability to Subpart W Reference Applies to subpart W Comment BLR WSR WSR equipment leak standard, and BLR equipment leak § 63.1(a)(1) Yes Yes Yes Additional terms defined in § 63.522. § 63.1(a)(2) Yes Yes Yes § 63.1(a)(3) Yes Yes Yes § 63.1(a)(4) Yes Yes Yes Subpart W specifies applicability of each paragraph in subpart A to subpart W. § 63.1(a)(5) N/A N/A N/A Reserved. § 63.1(a)(6) Yes Yes Yes § 63.1(a)(7) Yes Yes Yes § 63.1(a)(8) No No No Discusses State programs. § 63.1(a)(9) N/A N/A N/A Reserved. § 63.1(a)(10) Yes Yes Yes § 63.1(a)(11) Yes Yes Yes § 63.1(a)(12)-(14) Yes Yes Yes § 63.1(b)(1) No No No § 63.521 of subpart W specifies applicability. § 63.1(b)(2) Yes Yes Yes § 63.1(b)(3) Yes Yes Yes § 63.1(c)(1) Yes Yes Yes Subpart W specifies applicability of each paragraph in subpart A to sources subject to subpart W. § 63.1(c)(2) No No No Area sources are not subject to subpart W. § 63.1(c)(3) N/A N/A N/A Reserved. § 63.1(c)(4) Yes Yes Yes § 63.1(c)(5) Yes Yes No Subpart H specifies applicable notification requirements. § 63.1(c)(6) Yes Yes Yes § 63.1(d) N/A N/A N/A Reserved. § 63.1(e) Yes Yes Yes § 63.2 Yes Yes Yes Additional terms are defined in § 63.522 of subpart W; when overlap between subparts A and W occurs, subpart W takes precedence. § 63.3 Yes Yes No Other units used in subpart W are defined in that subpart; units of measure are spelled out for subpart H. § 63.4(a)(1)-(3) Yes Yes Yes § 63.4(a)(4) N/A N/A N/A Reserved. § 63.4(a)(5) Yes Yes Yes § 63.4(b) Yes Yes Yes § 63.4(c) Yes Yes Yes § 63.5(a) Yes Yes Yes Except replace the terms “source” and “stationary source” in § 63.5(a)(1) of subpart A with “affected source”. § 63.5(b)(1) Yes Yes Yes § 63.5(b)(2) N/A N/A N/A Reserved. § 63.5(b)(3) Yes Yes Yes § 63.5(b)(4) Yes Yes Yes § 63.5(b)(5) Yes Yes Yes § 63.5(b)(6) Yes Yes Yes § 63.5(c) N/A N/A N/A Reserved. § 63.5(d)(1)(i) Yes Yes Yes § 63.5(d)(1)(ii) Yes Yes Yes § 63.5(d)(1)(iii) Yes Yes Yes § 63.5(d)(2) Yes Yes Yes § 63.5(d)(3)-(4) Yes Yes Yes § 63.5(e) Yes Yes Yes § 63.5(f)(1) Yes Yes Yes Except replace “source” in § 63.5(f)(1) of subpart A with “affected source”. § 63.5(f)(2) Yes Yes Yes § 63.6(a) Yes Yes Yes § 63.6(b)(1)-(2) No No No Subpart W specifies compliance dates. § 63.6(b)(3)-(4) Yes Yes Yes § 63.6(b)(5) Yes No Subpart H includes notification requirements. § 63.6(b)(6) N/A N/A N/A Reserved. § 63.6(b)(7) No Yes No Sources subject to subpart H must comply according to the schedule in § 63.520 of subpart W for new sources subject to subpart H. § 63.6(c)(1)-(2) Yes Yes Yes Except replace “source” in § 63.6(c)(1)-(2) of subpart A with “affected source”. § 63.6(c)(3)-(4) N/A N/A N/A Reserved. § 63.6(c)(5) Yes Yes Yes § 63.6(d) N/A N/A N/A Reserved. § 63.6(e) Yes Yes Yes § 63.6(e)(1)(i) Reserved. § 63.6(e)(1)(ii) See Comment Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.6(e)(1)(iii) Yes Yes Yes 63.6(e)(2) N/A N/A N/A Reserved. 63.6(e)(3) See Comment Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.6(f)(1) Yes Yes Yes § 63.6(f)(2)(i)-(ii) Yes Yes Yes § 63.6(f)(2)(iii) Yes Yes Yes § 63.6(f)(2)(iv) Yes Yes Yes § 63.6(f)(3) Yes Yes Yes § 63.6(g) Yes Yes Yes Affected sources have the opportunity to demonstrate other alternatives to the Administrator. § 63.6(h) No No No Subpart W does not contain any opacity or visible emissions standards. § 63.6(i)(1) Yes Yes Yes § 63.6(i)(2) Yes Yes Yes Except replace “source” in § 63.6(2) (i) and (ii) of subpart A with “affected source”. § 63.6(i)(3) Yes Yes Yes § 63.6(i)(4)(i) Yes Yes Yes § 63.6(i)(4)(ii) Yes Yes Yes § 63.6(i)(5)-(14) Yes Yes Yes § 63.6(i)(15) N/A N/A N/A Reserved. § 63.6(i)(16) Yes Yes Yes § 63.6(j) Yes Yes Yes § 63.7(a)(1) Yes Yes No Subpart H specifies required testing and compliance procedures. § 63.7(a)(2)(i)-(vi) Yes Yes No Subpart H specifies that test results must be submitted in the Notification of Compliance Status due 150 days after the compliance date. § 63.7(a)(2)(vii)-(viii) N/A N/A N/A Reserved. § 63.7(a)(2)(ix) Yes Yes Yes § 63.7(a)(3) Yes Yes Yes § 63.7(a)(4) Yes Yes Yes § 63.7(b)(1) Yes Yes Yes § 63.7(b)(2) Yes Yes Yes § 63.7(c) No No No § 63.7(d) Yes Yes Yes Except replace “source” in § 63.7(d) of subpart A with “affected source”. § 63.7(e)(1) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. See § 63.525(l). Subpart W also contains test methods specific to BLR and WSR sources. § 63.7(e)(2) Yes Yes Yes § 63.7(e)(3) Yes Yes No Subpart H specifies test methods and procedures. § 63.7(f) Yes Yes No Subpart H specifies applicable methods and provides alternatives. § 63.7(g)(1) Yes Yes No Subpart H specifies performance test reporting. Additionally, this subpart specifies how and when the performance test results are reported for BLR and WSR. § 63.7(g)(2) N/A N/A N/A Reserved. § 63.7(g)(3) Yes Yes Yes § 63.7(h)(1)-(2) Yes Yes Yes § 63.7(h)(3)(i) Yes Yes Yes § 63.7(h)(3)(ii)-(iii) Yes Yes Yes § 63.7(h)(4)-(5) Yes Yes Yes § 63.8(a)(1) Yes Yes Yes § 63.8(a)(2) Yes Yes Yes § 63.8(a)(3) N/A N/A N/A Reserved. § 63.8(a)(4) Yes Yes Yes § 63.8(b)(1) Yes Yes Yes § 63.8(b)(2) Yes Yes No Subpart H specifies locations to conduct monitoring. § 63.8(b)(3) Yes Yes Yes § 63.8(c)(1)(i) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.8(c)(1)(ii) Yes Yes Yes § 63.8(c)(1)(iii) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.8(c)(2)-(3) Yes Yes Yes § 63.8(c)(4)-(8) No No No Subpart W specifies monitoring frequencies. § 63.8(d) No No No § 63.8(e) No No No § 63.8(f)(1) Yes Yes Yes § 63.8(f)(2) Yes Yes Yes § 63.8(f)(3) Yes Yes Yes § 63.8(f)(4) Yes Yes Yes § 63.8(f)(5) Yes Yes Yes § 63.8(f)(6) Yes Yes No § 63.8(g) Yes Yes Yes § 63.9(a) Yes Yes Yes § 63.9(b)(1)(i)-(ii) Yes Yes Yes § 63.9(b)(1)(iii) Yes Yes Yes § 63.9(b)(2) Yes Yes Yes § 63.9(b)(3) Yes Yes Yes § 63.9(b)(4) Yes Yes Yes § 63.9(b)(5) Yes Yes Yes § 63.9(c) Yes Yes Yes § 63.9(d) Yes Yes Yes § 63.9(e) No No No § 63.9(f) No No No § 63.9(g) No No No § 63.9(h)(1)-(3) Yes Yes No Separate Notification of Compliance Status requirements are specified for subpart H. § 63.9(h)(4) N/A N/A N/A Reserved. § 63.9(h)(5)-(6) Yes Yes No Subpart H specifies Notification of Compliance Status requirements. § 63.9(i) Yes Yes Yes § 63.9(j) Yes Yes Yes § 63.9(k) Yes Yes Yes § 63.10(a) Yes Yes Yes § 63.10(b)(1) Yes Yes Yes § 63.10(b)(2) No No No Subparts H and W specify recordkeeping requirements. § 63.10(b)(3) Yes Yes Yes § 63.10(c)(1)-(6) No No No § 63.10(c)(7)-(8) Yes Yes Yes § 63.10(c)(9)-(15) No No No § 63.10(d)(1) Yes Yes No Subpart H specifies performance test reporting requirements. § 63.10(d)(2) No No No This subpart and Subpart H specify performance test reporting requirements. § 63.10(d)(3) No No No § 63.10(d)(4) Yes Yes Yes § 63.10(d)(5) Yes, before July 15, 2027. No, beginning on and after July 15, 2027. § 63.10(e)(1)-(2) No No No § 63.10(e)(3) Yes Yes No Except that on and after July 15, 2027, the reports shall be submitted according to and in the format required by § 63.528(a). § 63.10(e)(4) No No No § 63.10(f) Yes Yes Yes § 63.11-63.15 Yes Yes Yes [60 FR 12676, Mar. 8, 1995, as amended at 85 FR 73891, Nov. 19, 2020; 89 FR 43274, May 16, 2024] Editorial Note: At 89 FR 43274, May 16, 2024, table 1 to subpart W was amended in part by revising entry “§ 63.6(e)(1)(i)”. However, the amendment could not be incorporated due to an inaccurate amendatory instruction. [60 FR 12676, Mar. 8, 1995, as amended at 89 FR 43274, May 16, 2024] Table 2 to Subpart W of Part 63—Toxic Equivalency Factors Dioxin and Furan Congener Toxic 1,2,3,7,8-pentachlorodibenzo-p-dioxin 1 1,2,3,4,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorodibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorodibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorodibenzo-p-dioxin 0.01 octachlorodibenzo-p-dioxin 0.0003 2,3,7,8-tetrachlorodibenzofuran 0.1 2,3,4,7,8-pentachlorodibenzofuran 0.3 1,2,3,7,8-pentachlorodibenzofuran 0.03 1,2,3,4,7,8-hexachlorodibenzofuran 0.1 1,2,3,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,7,8,9-hexachlorodibenzofuran 0.1 2,3,4,6,7,8-hexachlorodibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorodibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorodibenzofuran 0.01 Octachlorodibenzofuran 0.0003 [89 FR 43275, May 16, 2024] Subpart X—National Emission Standards For Hazardous Air Pollutants From Secondary Lead Smelting Source: 77 FR 580, Jan. 5, 2012, unless otherwise noted. § 63.541 Applicability. (a) You are subject to this subpart if you own or operate any of the following affected sources at a secondary lead smelter: Blast, reverberatory, rotary, and electric furnaces; refining kettles; agglomerating furnaces; dryers; process fugitive emissions sources; buildings containing lead bearing materials; and fugitive dust sources. The provisions of this subpart do not apply to primary lead processors, lead refiners, or lead remelters. (b) Table 1 to this subpart specifies the provisions of subpart A of this part that apply to owners and operators of secondary lead smelters subject to this subpart. (c) If you are subject to the provisions of this subpart, you are also subject to title V permitting requirements under 40 CFR parts 70 or 71, as applicable. (d) Emissions standards in this subpart apply at all times. § 63.542 Definitions. Terms used in this subpart are defined in the Clean Air Act, in subpart A of this part, or in this section as follows: Affected source Affirmative defense Agglomerating furnace Bag leak detection system Battery breaking area Blast furnace Blast furnace charging location Collocated blast furnace and reverberatory furnace Dryer Dryer transition equipment Electric furnace Fugitive dust source Furnace and refining/casting area (1) Smelting furnaces are located; (2) Refining operations occur; or (3) Casting operations occur. Lead alloy Lead bearing material Leeward wall Maintenance activity (1) Replacement or repair of refractory, or any internal or external part of equipment used to process, handle or control lead-containing materials. (2) Replacement of any duct section used to convey lead-containing exhaust. (3) Metal cutting or welding that penetrates the metal structure of any equipment, and its associated components, used to process lead-containing material such that lead dust within the internal structure or its components can become fugitive lead dust. (4) Resurfacing, repair or removal of ground, pavement, concrete, or asphalt. Materials storage and handling area Natural draft opening New source Partial enclosure Pavement cleaning Plant roadway Pressurized dryer breaching seal Process fugitive emissions source Process vent Refining kettle Reverberatory furnace Rotary furnace Secondary lead smelter Shutdown Smelting Startup Total enclosure Vehicle wash Wet suppression Windward wall [77 FR 580, Jan. 5, 2012, as amended at 79 FR 371, Jan. 3, 2014] § 63.543 What are my standards for process vents? (a) For existing sources, you must maintain the concentration of lead compounds in any process vent gas at or below 1.0 milligrams of lead per dry standard cubic meter (0.00043 grains of lead per dry standard cubic foot). You must maintain the flow-weighted average concentration of lead compounds in vent gases from a secondary lead smelting facility at or below 0.20 milligrams of lead per dry standard cubic meter (0.000087 grains of lead per dry standard cubic foot). (1) You must demonstrate compliance with the flow weighted average emissions limit on a 12-month rolling average basis, calculated monthly using the most recent test data available. (2) Until 12 monthly weighted average emissions rates have been accumulated, calculate only the monthly average weighted emissions rate. (3) You must use Equation 1 of this section to calculate the flow-weighted average concentration of lead compounds from process vents: Where: C FWA n = Number of process vents. F i i C i i, (4) Each month, you must use the concentration of lead and flow rate obtained during the most recent compliance test performed prior to or during that month to perform the calculation using Equation 1 of this section. (5) If a continuous emissions monitoring system (CEMS) is used to measure the concentration of lead in a vent, the monthly average lead concentration and monthly average flow rate must be used rather than the most recent compliance test data. (b) For new sources that begin construction or reconstruction after May 19, 2011 you must maintain the concentration of lead compounds in any process vent gas at or below 0.20 milligrams of lead per dry standard cubic meter (0.000087 grains of lead per dry standard cubic foot). (c) You must meet the applicable emissions limits for total hydrocarbons and dioxins and furans from furnace sources specified in Table 2 of this subpart. There are no standards for dioxins and furans during periods of startup and shutdown. (d) If you combine furnace emissions from multiple types of furnaces and these furnaces do not meet the definition of collocated blast and reverberatory furnaces, you must calculate your emissions limit for the combined furnace stream using Equation 2 of this section. Where: C EL n = Number of furnace vents. F i C Eli (e) If you combine furnace emissions with the furnace charging process fugitive emissions and discharge them to the atmosphere through a common emissions point, you must demonstrate compliance with the applicable total hydrocarbons concentration limit specified in paragraph (c) of this section at a location downstream from the point at which the two emissions streams are combined. (f) If you do not combine the furnace charging process fugitive emissions with the furnace process emissions, and discharge such emissions to the atmosphere through separate emissions points, you must maintain the total hydrocarbons concentration in the exhaust gas at or below 20 parts per million by volume, expressed as propane. (g) Following the initial performance or compliance test to demonstrate compliance with the lead emissions limits specified in paragraph (a) or (b) of this section, you must conduct performance tests according to the schedule in paragraph (g)(1) or (2) of this section. (1) Conduct an annual performance test for lead compounds from each process vent (no later than 12 calendar months following the previous compliance test), unless you install and operate a CEMS meeting the requirements of § 63.8. (2) If an annual compliance test demonstrates that a process vent emitted lead compounds at 0.10 milligram of lead per dry standard cubic meter or less during the time of the annual compliance test, you may submit a written request to the Administrator applying for an extension of up to 24 calendar months from the previous compliance test to conduct the next compliance test for lead compounds. (h) Following the initial performance or compliance test to demonstrate compliance with the total hydrocarbons emissions limits in paragraphs (c) and (f) of this section, you must conduct an annual performance test for total hydrocarbons emissions from each process vent that has established limits for total hydrocarbons (no later than 12 calendar months following the previous compliance test), unless you install and operate a CEMS meeting the requirements of § 63.8. If an annual compliance test demonstrates that a process vent emitted total hydrocarbons at less than 50 percent of the allowable limit during the time of the annual compliance test, you may submit a written request to the Administrator applying for an extension of up to 24 calendar months from the previous compliance test to conduct the next compliance test for total hydrocarbons. (i) Following the initial performance or compliance test to demonstrate compliance with the dioxins and furans emissions limits specified in paragraph (c) of this section, you must conduct a performance test for dioxins and furans emissions from each process vent that has established limits for dioxins and furans at least once every 6 years following the previous compliance test. (j) You must conduct the performance tests specified in paragraphs (g) through (i) of this section under maximum representative operating conditions for the process. During the performance test, you may operate the control device at maximum or minimum representative operating conditions for monitored control device parameters, whichever results in lower emission reduction. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (k) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (l) If you own or operate a unit subject to emission limits in Table 2 of this subpart, you must minimize the unit's startup and shutdown periods following the manufacturer's recommended procedures, if available. You must develop and follow standard operating procedures designed to minimize emissions of total hydrocarbon for each startup or shutdown scenario anticipated. You must submit a signed statement in the Notification of Compliance Status report that indicates that you conducted startups and shutdowns according to the manufacturer's recommended procedures, if available, and the standard operating procedures designed to minimize emissions of total hydrocarbons. (m) In addition to complying with the applicable emissions limits for dioxins and furans listed in Table 2 to this subpart, you must operate a process to separate plastic battery casing materials from all automotive batteries prior to introducing feed into a furnace. [77 FR 580, Jan. 5, 2012, as amended at 79 FR 371, Jan. 3, 2014] § 63.544 What are my total enclosure standards? (a) You must operate the process fugitive emissions sources and fugitive dust sources listed in paragraphs (a)(1) through (9) of this section in a total enclosure that is maintained at negative pressure at all times and vented to a control device designed to capture lead particulate. The total enclosure must meet the requirements specified in paragraph (c) of this section. (1) Smelting furnaces. (2) Smelting furnace charging areas. (3) Lead taps, slag taps, and molds during tapping. (4) Battery breakers. (5) Refining kettles, casting areas. (6) Dryers. (7) Agglomerating furnaces and agglomerating furnace product taps. (8) Material handling areas for any lead bearing materials except those listed in paragraph (b) of this section. (9) Areas where dust from fabric filters, sweepings or used fabric filters are processed. (b) Total enclosures are not required in the following areas: lead ingot product handling areas, stormwater and wastewater treatment areas, intact battery storage areas, areas where lead bearing material is stored in closed containers or enclosed mechanical conveyors, and areas where clean battery casing material is handled. (c) You must construct and operate total enclosures for the sources listed in paragraph (a) of this section as specified in paragraphs (c)(1) through (3) of this section. The total enclosure must be free of significant cracks, gaps, corrosion or other deterioration that could cause lead bearing material to be released from the primary barrier. Measures must be in place to prevent the tracking of lead bearing material out of the unit by personnel or by equipment used in handling the material. An area must be designated to decontaminate equipment and any rinsate must be collected and properly managed. (1) You must ventilate the total enclosure continuously to ensure negative pressure values of at least 0.013 mm of mercury (0.007 inches of water). (2) You must maintain an inward flow of air through all natural draft openings. (3) If areas that contain one or more sources listed in paragraphs (a)(1) through (9) of this section are enclosed within a larger building that also meets the definition of a total enclosure under § 63.542, the requirements of paragraphs (c)(1) and (2) shall be monitored pursuant to § 63.548(k) at only one leeward, one windward and one additional wall of the outermost portion of the larger totally enclosed building rather than each individual area within the building. (d) You must inspect enclosures and facility structures that contain any lead-bearing materials at least once per month. You must repair any gaps, breaks, separations, leak points or other possible routes for emissions of lead to the atmosphere within one week of identification unless you obtain approval for an extension from the Administrator before the repair period is exceeded. [77 FR 580, Jan. 5, 2012, as amended at 79 FR 371, Jan. 3, 2014] § 63.545 What are my standards for fugitive dust sources? (a) You must prepare, and at all times operate according to, a standard operating procedures manual that describes in detail the measures that will be put in place and implemented to control the fugitive dust emissions from the sources listed in paragraphs (a)(1) through (7) of this section. (1) Plant roadways. (2) Plant buildings. (3) Accidental releases. (4) Battery storage area. (5) Equipment maintenance. (6) Material storage areas. (7) Material handling areas. (b) You must submit the standard operating procedures manual to the Administrator or delegated authority for review and approval when initially developed and any time changes are made. (c) The controls specified in the standard operating procedures manual must at a minimum include the requirements specified in paragraphs (c)(1) through (7) of this section. (1) Cleaning. (2) Plant roadways and paved areas. (3) Accidental releases. (4) Battery storage areas. (5) Materials storage and handling areas. (6) Equipment maintenance. (i) Performing maintenance inside a total permanent enclosure maintained at negative pressure. (ii) Performing maintenance inside a temporary enclosure and use a vacuum system either equipped with a filter rated by the manufacturer to achieve a capture efficiency of 99.97 percent for 0.3 micron particles or routed to an existing control device permitted for this activity. (iii) Performing maintenance inside a partial enclosure and use of wet suppression sufficient to prevent dust formation. (iv) Decontamination of equipment prior to removal from an enclosure. (v) Immediate repair of ductwork or structure leaks without an enclosure if the time to construct a temporary enclosure would exceed the time to make a temporary or permanent repair, or if construction of an enclosure would cause a higher level of emissions than if an enclosure were not constructed. (vi) Activities required for inspection of fabric filters and maintenance of filters that are in need of removal and replacement are not required to be conducted inside of total enclosures. Used fabric filters must be placed in sealed plastic bags or containers prior to removal from a baghouse. (7) Material transport. i.e. (d) Your standard operating procedures manual must specify that records be maintained of all pavement cleaning, vehicle washing, and battery storage inspection activities performed to control fugitive dust emissions. (e) You must pave all grounds on the facility or plant groundcover sufficient to prevent wind-blown dust. You may use dust suppressants on unpaved areas that will not support a groundcover (e.g., roadway shoulders, steep slopes, limited access and limited use roadways). (f) As provided in § 63.6(g), as an alternative to the requirements specified in this section, you can demonstrate to the Administrator (or delegated State, local, or Tribal authority) that an alternative measure(s) is equivalent or better than a practice(s) described in this section. § 63.546 Compliance dates. (a) For affected sources that commenced construction or reconstruction on or before May 19, 2011, you must demonstrate compliance with the requirements of this subpart no later than January 6, 2014. (b) For affected sources that commenced construction or reconstruction after May 19, 2011, you must demonstrate compliance with the requirements of this subpart by January 5, 2012 or upon startup of operations, whichever is later. (c) Until the date specified in 63.546(a), secondary lead smelters that commenced construction or reconstruction on or before May 19, 2011, must continue to demonstrate compliance with the requirements of this subpart, codified in 40 CFR 63.541 through 40 CFR 63.550, that were in effect prior to the January 5, 2012, amendments. This means that secondary lead smelters that commenced construction or reconstruction on or before June 9, 1994, must continue to demonstrate compliance with existing source requirements of this subpart that were in effect prior to the January 5, 2012, amendments until the date specified in § 63.546(a). Secondary lead smelters that commenced construction or reconstruction after June 9, 1994, and on or before May 19, 2011, must continue to demonstrate compliance with new source requirements of this subpart that were in effect prior to the January 5, 2012, amendments until the date specified in § 63.546(a). [77 FR 580, Jan. 5, 2012, as amended at 79 FR 371, Jan. 3, 2014] § 63.547 Test methods. (a) You must use the test methods from appendix A of part 60 as listed in paragraphs (a)(1) through (5) of this section to determine compliance with the emissions standards for lead compounds specified in § 63.543(a) and (b). (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and the number of traverse points. (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric filters, to measure volumetric flow rate. (3) EPA Method 3, 3A, or 3B at 40 CFR part 60, appendix A-2 to determine the dry molecular weight of the stack gas. (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine moisture content of the stack gas. (5) EPA Method 12 or Method 29 at 40 CFR part 60, appendix A-8 to determine compliance with the lead compound emissions standards. The minimum sample volume must be 2.0 dry standard cubic meters (70 dry standard cubic feet) for each run. You must perform three test runs and you must determine compliance using the average of the three runs. (b) You must use the following test methods in appendix A of part 60 listed in paragraphs (b)(1) through (4) of this section, as specified, to determine compliance with the emissions standards for total hydrocarbons specified in § 63.543(c) through (f). (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and number of traverse points. (2) The Single Point Integrated Sampling and Analytical Procedure of Method 3B to measure the carbon dioxide content of the stack gases when using either EPA Method 3A or 3B at 40 CFR part 60, appendix A-2. (3) EPA Method 4 at 40 CFR part 60, appendix A-3 to measure moisture content of the stack gases. (4) EPA Method 25A at 40 CFR part 60, appendix A-7 to measure total hydrocarbons emissions. The minimum sampling time must be 1 hour for each run. You must perform a minimum of three test runs. You must calculate a 1-hour average total hydrocarbons concentration for each run and use the average of the three 1-hour averages to determine compliance. (c) You must correct the measured total hydrocarbons concentrations to 4 percent carbon dioxide as specified in paragraphs (c)(1) through (3) of this section. (1) If the measured percent carbon dioxide is greater than 0.4 percent in each compliance test, you must determine the correction factor using Equation 2 of this section. Where: F = Correction factor (no units). CO 2 (2) If the measured percent carbon dioxide is equal to or less than 0.4 percent, you must use a correction factor (F) of 10. (3) You must determine the corrected total hydrocarbons concentration by multiplying the measured total hydrocarbons concentration by the correction factor (F) determined for each compliance test. (d) You must use the following test methods in appendix A of part 60 listed in paragraphs (d)(1) through (5) of this section, as specified, to determine compliance with the emissions standards for dioxins and furans specified in § 63.543(c). (1) EPA Method 1 at 40 CFR part 60, appendix A-1 to select the sampling port location and the number of traverse points. (2) EPA Method 2 at 40 CFR part 60, appendix A-1 or EPA Method 5D at 40 CFR part 60, appendix A-3, section 8.3 for positive pressure fabric filters to measure volumetric flow rate. (3) EPA Method 3A or 3B at 40 CFR part 60, appendix A-2 to determine the oxygen and carbon dioxide concentrations of the stack gas. (4) EPA Method 4 at 40 CFR part 60, appendix A-3 to determine moisture content of the stack gas. (5) EPA Method 23 at 40 CFR part 60, appendix A-7 to determine the dioxins and furans concentration. (e) You must determine the dioxins and furans toxic equivalency by following the procedures in paragraphs (e)(1) through (3) of this section. (1) Measure the concentration of each dioxins and furans congener shown in Table 3 of this subpart using EPA Method 23 at 40 CFR part 60, appendix A-7. You must correct the concentration of dioxins and furans in terms of toxic equivalency to 7 percent O 2 Where: C adj C meas (20.9-7) = 20.9 percent oxygen—7 percent oxygen (defined oxygen correction basis). 20.9 = Oxygen concentration in air, percent. %O 2 (2) For each dioxins and furans congener measured as specified in paragraph (e)(1) of this section, multiply the congener concentration by its corresponding toxic equivalency factor specified in Table 3 to this subpart. (3) Sum the values calculated as specified in paragraph (e)(2) of this section to obtain the total concentration of dioxins and furans emitted in terms of toxic equivalency. § 63.548 Monitoring requirements. (a) You must prepare, and at all times operate according to, a standard operating procedures manual that describes in detail procedures for inspection, maintenance, and bag leak detection and corrective action plans for all baghouses (fabric filters or cartridge filters) that are used to control process vents, process fugitive, or fugitive dust emissions from any source subject to the lead emissions standards in §§ 63.543, 63.544, and 63.545, including those used to control emissions from building ventilation. (b) You must submit the standard operating procedures manual for baghouses required by paragraph (a) of this section to the Administrator or delegated authority for review and approval. (c) The procedures that you specify in the standard operating procedures manual for inspections and routine maintenance must, at a minimum, include the requirements of paragraphs (c)(1) through (9) of this section. (1) Daily monitoring of pressure drop across each baghouse cell. (2) Weekly confirmation that dust is being removed from hoppers through visual inspection, or equivalent means of ensuring the proper functioning of removal mechanisms. (3) Daily check of compressed air supply for pulse-jet baghouses. (4) An appropriate methodology for monitoring cleaning cycles to ensure proper operation. (5) Monthly check of bag cleaning mechanisms for proper functioning through visual inspection or equivalent means. (6) Monthly check of bag tension on reverse air and shaker-type baghouses. Such checks are not required for shaker-type baghouses using self-tensioning (spring loaded) devices. (7) Quarterly confirmation of the physical integrity of the baghouse through visual inspection of the baghouse interior for air leaks. (8) Quarterly inspection of fans for wear, material buildup, and corrosion through visual inspection, vibration detectors, or equivalent means. (9) Except as provided in paragraphs (g) and (h) of this section, continuous operation of a bag leak detection system, unless a system meeting the requirements of paragraph (m) of this section for a continuous emissions monitoring system is installed for monitoring the concentration of lead. (d) The procedures you specify in the standard operating procedures manual for baghouse maintenance must include, at a minimum, a preventative maintenance schedule that is consistent with the baghouse manufacturer's instructions for routine and long-term maintenance. (e) The bag leak detection system required by paragraph (c)(9) of this section, must meet the specification and requirements of paragraphs (e)(1) through (8) of this section. (1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1.0 milligram per actual cubic meter (0.00044 grains per actual cubic foot) or less. (2) The bag leak detection system sensor must provide output of relative particulate matter loadings. (3) The bag leak detection system must be equipped with an alarm system that will alarm when an increase in relative particulate loadings is detected over a preset level. (4) You must install and operate the bag leak detection system in a manner consistent with the guidance provided in “Office of Air quality Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance” EPA-454/R-98-015, September 1997 (incorporated by reference, see § 63.14) and the manufacturer's written specifications and recommendations for installation, operation, and adjustment of the system. (5) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time. (6) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the approved standard operating procedures manual required under paragraph (a) of this section. You cannot increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365 day period unless such adjustment follows a complete baghouse inspection that demonstrates that the baghouse is in good operating condition. (7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, you must install the bag leak detector downstream of the baghouse and upstream of any wet acid gas scrubber. (8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (f) You must include in the standard operating procedures manual required by paragraph (a) of this section a corrective action plan that specifies the procedures to be followed in the case of a bag leak detection system alarm. The corrective action plan must include, at a minimum, the procedures that you will use to determine and record the time and cause of the alarm as well as the corrective actions taken to minimize emissions as specified in paragraphs (f)(1) and (f)(2) of this section. (1) The procedures used to determine the cause of the alarm must be initiated within 30 minutes of the alarm. (2) The cause of the alarm must be alleviated by taking the necessary corrective action(s) that may include, but not be limited to, those listed in paragraphs (f)(2)(i) through (vi) of this section. (i) Inspecting the baghouse for air leaks, torn or broken filter elements, or any other malfunction that may cause an increase in emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media, or otherwise repairing the control device. (iv) Sealing off a defective baghouse compartment. (v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate emissions. (g) Baghouses equipped with high efficiency particulate air (or HEPA) filters as a secondary filter used to control emissions from any source subject to the lead emission standards in § 65.543(a) or (b), are exempt from the requirement to be equipped with a bag leak detection system. You must monitor and record the pressure drop across each HEPA filter system daily. If the pressure drop is outside the limit(s) specified by the filter manufacturer, you must take appropriate corrective measures, which may include but not be limited to those given in paragraphs (g)(1) through (4) of this section. (1) Inspecting the filter and filter housing for air leaks and torn or broken filters. (2) Replacing defective filter media, or otherwise repairing the control device. (3) Sealing off a defective control device by routing air to other control devices (4) Shutting down the process producing the particulate emissions. (h) Baghouses followed by a wet electrostatic precipitator used as a secondary control device for any source subject to the lead emission standards in § 63.543(a) or (b), are exempt from the requirement to be equipped with a bag leak detection system. (i) If you use a wet scrubber to control particulate matter and metal hazardous air pollutant emissions from a process vent to demonstrate continuous compliance with the emissions standards, you must monitor and record the pressure drop and water flow rate of the wet scrubber during the initial performance or compliance test conducted to demonstrate compliance with the lead emissions limit under § 63.543(a) or (b). Thereafter, you must monitor and record the pressure drop and water flow rate values at least once every hour and you must maintain the pressure drop and water flow rate at levels no lower than 30 percent below the pressure drop and water flow rate measured during the initial performance or compliance test. (j) You must comply with the requirements specified in paragraphs (j)(1) through (4) of this section to demonstrate continuous compliance with the total hydrocarbons and dioxins and furans emissions standards. During periods of startup and shutdown, the requirements of paragraph (j)(4) of this section do not apply. Instead, you must demonstrate compliance with the standard for total hydrocarbon by meeting the requirements of § 63.543(l). (1) Continuous temperature monitoring. You must install, calibrate, maintain, and continuously operate a device to monitor and record the temperature of the afterburner or furnace exhaust streams consistent with the requirements for continuous monitoring systems in § 63.8. (2) Prior to or in conjunction with the initial performance or compliance test to determine compliance with § 63.543(c), you must conduct a performance evaluation for the temperature monitoring device according to § 63.8(e). The definitions, installation specifications, test procedures, and data reduction procedures for determining calibration drift, relative accuracy, and reporting described in Performance Specification 2, 40 CFR part 60, appendix B, sections 2, 3, 5, 7, 8, 9, and 10 must be used to conduct the evaluation. The temperature monitoring device must meet the following performance and equipment specifications: (i) The recorder response range must include zero and 1.5 times the average temperature identified in paragraph (j)(3) of this section. (ii) The monitoring system calibration drift must not exceed 2 percent of 1.5 times the average temperature identified in paragraph (j)(3) of this section. (iii) The monitoring system relative accuracy must not exceed 20 percent. (iv) The reference method must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or an alternate reference, subject to the approval of the Administrator. (3) You must monitor and record the temperature of the afterburner or the furnace exhaust streams every 15 minutes during the initial performance or compliance test for total hydrocarbons and dioxins and furans and determine an arithmetic average for the recorded temperature measurements. (4) To demonstrate continuous compliance with the standards for total hydrocarbons and dioxins and furans, you must maintain an afterburner or exhaust temperature such that the average temperature in any 3-hour period does not fall more than 28 °Celsius (50 °Fahrenheit) below the average established in paragraph (j)(3) of this section. (k) You must install, operate, and maintain a digital differential pressure monitoring system to continuously monitor each total enclosure as described in paragraphs (k)(1) through (5) of this section. (1) You must install and maintain a minimum of one building digital differential pressure monitoring system at each of the following three walls in each total enclosure that has a total ground surface area of 10,000 square feet or more: (i) The leeward wall. (ii) The windward wall. (iii) An exterior wall that connects the leeward and windward wall at a location defined by the intersection of a perpendicular line between a point on the connecting wall and a point on its furthest opposite exterior wall, and intersecting within plus or minus 10 meters of the midpoint of a straight line between the two other monitors specified. The midpoint monitor must not be located on the same wall as either of the other two monitors. If approved by the permitting authority, this third monitor may be placed in an alternative location on the midpoint wall or an exterior wall that is not the windward wall, leeward wall or midpoint wall. (2) You must install and maintain a minimum of one building digital differential pressure monitoring system at the leeward wall of each total enclosure that has a total ground surface area of less than 10,000 square feet. (3) The digital differential pressure monitoring systems must be certified by the manufacturer to be capable of measuring and displaying negative pressure containing values in the range of 0.01 to 0.2 millimeters mercury (0.005 to 0.11 inches of water) and capable of recording data in increments of 0.002 millimeters of mercury (0.001 inches of water). (4) You must equip each digital differential pressure monitoring system with a continuous recorder. To demonstrate compliance with the standard for differential pressure, you must maintain the pressure in total enclosures such that the average pressure in any 15-minute period does not fall below the level specified in § 63.544(c)(1). The 15-minute averages must include at least one reading per minute. (5) You must calibrate each digital differential pressure monitoring system in accordance with manufacturer's specifications. (l) Except as provided in paragraphs (l)(2) or (3) of this section, all new or reconstructed sources subject to the requirements under § 63.543 must install, calibrate, maintain, and operate a CEMS for measuring lead emissions. In addition to the General Provisions requirements for CEMS in § 63.8(c) that are referenced in Table 1 to this subpart, you must comply with the requirements for CEMS specified in paragraph (m) of this section. (1) Sources subject to the emissions limits for lead compounds under § 63.543(b) must install a CEMS for measuring lead emissions within 180 days of promulgation by the EPA of performance specifications for lead CEMS. (2) Prior to 180 days after the EPA promulgates performance specifications for CEMS used to measure lead concentrations, you must use the procedure described in § 63.543(g)(1) to determine compliance. (3) Vents from control devices that serve only to control emissions from buildings containing lead bearing materials are exempt from the requirement to install a CEMS for measuring lead emissions. (m) If a CEMS is used to measure lead emissions, you must install a continuous emissions monitoring system with a sensor in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the CEMS used to measure lead emissions, taking into account the manufacturer's recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. (1) The continuous emissions monitoring system must be designed to measure the exhaust gas flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust gas flow rate. (2) The continuous emissions monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (m)(1) of this section. (3) You must perform an initial relative accuracy test of the continuous emissions monitoring system in accordance with the applicable Performance Specification in appendix B to part 60 of this chapter. (4) You must operate the continuous emissions monitoring system and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities including, as applicable, calibration checks and required zero and span adjustments. (5) If you have a CEMS to measure lead emissions, you must calculate the average lead concentration and flow rate monthly to determine compliance with § 63.543(a). (6) When the continuous emissions monitoring system is unable to provide quality assured data, the following apply: (i) When data are not available for periods of up to 48 hours, the highest recorded hourly emissions rate from the previous 24 hours must be used. (ii) When data are not available for 48 or more hours, the maximum daily emissions rate based on the previous 30 days must be used. [77 FR 580, Jan. 5, 2012, as amended at 79 FR 371, Jan. 3, 2014] § 63.549 Notification requirements. (a) You must comply with all of the notification requirements of § 63.9. Electronic notifications are encouraged if suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy), and when required by this subpart. (b) You must submit the fugitive dust control standard operating procedures manual required under § 63.545(a) and the standard operating procedures manual for baghouses required under § 63.548(a) to the Administrator or delegated authority along with a notification that the smelter is seeking review and approval of these plans and procedures. You must submit this notification no later than January 7, 2013. For sources that commenced construction or reconstruction after January 5, 2012, you must submit this notification no later than 180 days before startup of the constructed or reconstructed secondary lead smelter, but no sooner than January 5, 2012. For an affected source that has received a construction permit from the Administrator or delegated authority on or before January 5, 2012, you must submit this notification no later than January 7, 2014. § 63.550 Recordkeeping and reporting requirements. (a) You must comply with all of the recordkeeping and reporting requirements specified in § 63.10 that are referenced in Table 1 to this subpart. (1) Records must be maintained in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). However, electronic recordkeeping and reporting if suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy), and when required by this subpart. (2) Records must be kept on site for at least 2 years after the date of occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). (b) The standard operating procedures manuals required in §§ 63.545(a) and 63.548(a) must be submitted to the Administrator in electronic format for review and approval of the initial submittal and whenever an update is made to the procedure. (c) You must maintain for a period of 5 years, records of the information listed in paragraphs (c)(1) through (13) of this section. (1) Electronic records of the bag leak detection system output. (2) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the corrective actions taken, and the date and time the cause of the alarm was corrected. (3) All records of inspections and maintenance activities required under § 63.548(c) as part of the practices described in the standard operating procedures manual for baghouses required under § 63.548(a). (4) Electronic records of the pressure drop and water flow rate values for wet scrubbers used to control metal hazardous air pollutant emissions from process fugitive sources as required in § 63.548(i). (5) Electronic records of the output from the continuous temperature monitor required in § 63.548(j)(1), and an identification of periods when the 3-hour average temperature fell below the minimum established under § 63.548(j)(4), and an explanation of the corrective actions taken. (6) Electronic records of the continuous pressure monitors for total enclosures required in § 63.548(k), and an identification of periods when the pressure was not maintained as required in § 63.544(c)(1). (7) Records of any time periods power was lost to the continuous pressure monitors for total enclosures required in § 63.548(k) and records of loss of power to the air handling system maintaining negative pressure on total enclosures. (8) Records of the inspections of facility enclosures required in § 63.544(d). (9) Records of all cleaning and inspections required as part of the practices described in the standard operating procedures manual required under § 63.545(a) for the control of fugitive dust emissions. (10) Electronic records of the output of any CEMS installed to monitor lead emissions meeting the requirements of § 63.548(m). (11) Records of the occurrence and duration of each malfunction of operation ( i.e., (12) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.543(k), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (13) Records of any periods of startup or shutdown of a furnace and actions taken to minimize emissions during that period in accordance with § 63.543(l). (d) You must comply with all of the reporting requirements specified in § 63.10 of the General Provisions that are referenced in Table 1 to this subpart. (1) You must submit reports no less frequent than specified under § 63.10(e)(3) of the General Provisions. (2) Once a source reports a violation of the standard or excess emissions, you must follow the reporting format required under § 63.10(e)(3) until a request to reduce reporting frequency is approved by the Administrator. (e) In addition to the information required under the applicable sections of § 63.10, you must include in the reports required under paragraph (d) of this section the information specified in paragraphs (e)(1) through (14) of this section. (1) Records of the concentration of lead in each process vent, and records of the rolling 12-month flow-weighted average concentration of lead compounds in vent gases calculated monthly as required in § 63.543(a), except during the first year when the concentration is calculated using the method described in § 63.543(a)(2). (2) Records of the concentration of total hydrocarbon and dioxins and furans in each process vent that has established limits for total hydrocarbon and dioxins and furans as required in § 63.543(c). (3) Records of all periods when monitoring using a CEMS for lead or total hydrocarbon was not in compliance with applicable limits. (4) Records of all alarms from the bag leak detection system specified in § 63.548. (5) A description of the procedures taken following each bag leak detection system alarm pursuant to § 63.548(f)(1) and (2). (6) A summary of the records maintained as part of the practices described in the standard operating procedures manual for baghouses required under § 63.548(a), including an explanation of the periods when the procedures were not followed and the corrective actions taken. (7) An identification of the periods when the pressure drop and water flow rate of wet scrubbers used to control process fugitive sources dropped below the levels established in § 63.548(i), and an explanation of the corrective actions taken. (8) Records of the temperature monitor output, in 3-hour block averages, for those periods when the temperature monitored pursuant to § 63.548(j) fell below the level established in § 63.548(j)(4). (9) Certification that the plastic separation process for battery breakers required in § 63.543(m) was operated at all times the battery breaker was in service. (10) Records of 15-minute periods when the pressure was not maintained as required in § 63.544(c) or power was lost to the continuous pressure monitoring system as required in § 63.548(k). Records of which wall is chosen as the windward wall must be included in the records required by § 63.10(c) if a total enclosure located within a larger structure is not impacted by ambient wind. (11) If a malfunction occurred during the reporting period, the report must include the number, duration, and a brief description for each type of malfunction that occurred during the reporting period and caused or may have caused any applicable emissions limitation to be exceeded. The report must also include a description of actions taken during a malfunction of an affected source to minimize emissions in accordance with § 63.543(k), including actions taken to correct a malfunction. (12) A summary of the fugitive dust control measures performed during the required reporting period, including an explanation of the periods when the procedures outlined in the standard operating procedures manual pursuant to § 63.545(a) were not followed and the corrective actions taken. The reports must not contain copies of the daily records required to demonstrate compliance with the requirements of the standard operating procedures manuals required under § 63.545(a). (13) Records of any periods of startup or shutdown of a furnace including an explanation of the periods when the procedures required in § 63.543(l) were not followed and the corrective actions taken. (14) You must submit records pursuant to paragraphs (e)(14)(i) through (iii) of this section. (i) As of January 1, 2012 and within 60 days after the date of completing each performance test, as defined in § 63.2 and as required in this subpart, you must submit performance test data, except opacity data, electronically to EPA's Central Data Exchange by using the Electronic Reporting Tool (see http://www.epa.gov/ttn/chief/ert/ert_tool.html/ (ii) Within 60 days after the date of completing each CEMS performance evaluation test, as defined in § 63.2 and required by this subpart, you must submit the relative accuracy test audit data electronically into EPA's Central Data Exchange by using the Electronic Reporting Tool as mentioned in paragraph (e)(14)(i) of this section. Only data collected using test methods compatible with the Electronic Reporting Tool are subject to this requirement to be submitted electronically into EPA's WebFIRE database. (iii) All reports required by this subpart not subject to the requirements in paragraph (e)(14)(i) and (ii) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (e)(14)(i) and (ii) of this section in paper format. [77 FR 580, Jan. 5, 2012, as amended at 79 FR 372, Jan. 3, 2014] § 63.551 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or tribal agency. (c) The authorities that cannot be delegated to State, local, or tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.541, 63.543 through 63.544, § 63.545, and § 63.546. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. § 63.552 Affirmative defense to civil penalties for exceedance of emissions limit during malfunction. In response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined at § 63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) Affirmative defense. (1) The excess emissions: (i) Were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner. (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices. (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for. (iv) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance. (2) Repairs were made as expeditiously as possible when the applicable emissions limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs. (3) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions. (4) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage. (5) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health. (6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices. (7) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs. (8) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions. (9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (b) Notification. Table 1 to Subpart X of Part 63—General Provisions Applicability to Subpart X Reference Applies to subpart X Comment 63.1 Yes. 63.2 Yes. 63.3 Yes. 63.4 Yes. 63.5 Yes. 63.6(a), (b), (c) Yes. 63.6(d) No. Section reserved. 63.6(e)(1)(i) No. See 63.543(k) for general duty requirement. 63.6(e)(1)(ii) No. 63.6(e)(1)(iii) Yes. 63.6(e)(2) No. Section reserved. 63.6(e)(3) No. 63.6(f)(1) No. 63.6(g) Yes. 63.6(h) No. No opacity limits in rule. 63.6(i) Yes. 63.6(j) Yes. 63.7(a)-(d) Yes. 63.7(e)(1) No. See 63.543(j). 63.7(e)(2)-(e)(4) Yes. 63.7(f), (g), (h) Yes. 63.8(a)-(b) Yes. 63.8(c)(1)(i) No. See 63.543(k) for general duty requirement. 63.8(c)(1)(ii) Yes. 63.8(c)(1)(iii) No. 63.8(c)(2)-(d)(2) Yes. 63.8(d)(3) Yes, except for last sentence. 63.8(e)-(g) Yes. 63.9(a), (b), (c), (e), (g), (h)(1)through (3), (h)(5) and (6), (i) and (j) Yes. 63.9(f) No. 63.9(h)(4) No. Reserved. 63.9(k) Yes Only as specified in 63.9(j). 63.10 (a) Yes. 63.10 (b)(1) Yes. 63.10(b)(2)(i) No. 63.10(b)(2)(ii) No. See 63.550 for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction. 63.10(b)(2)(iii) Yes. 63.10(b)(2)(iv)-(b)(2)(v) No. 63.10(b)(2)(vi)-(b)(2)(xiv) Yes. 63.(10)(b)(3) Yes. 63.10(c)(1)-(9) Yes. 63.10(c)(10)-(11) No. See 63.550 for recordkeeping of malfunctions. 63.10(c)(12)-(c)(14) Yes. 63.10(c)(15) No. 63.10(d)(1)-(4) Yes. 63.10(d)(5) No. See 63.550(e)(11) for reporting of malfunctions. 63.10(e)-(f) Yes. 63.11 No. Flares will not be used to comply with the emission limits. 63.12 to 63.15 Yes. [77 FR 580, Jan. 5, 2012, as amended at 85 FR 73892, Nov. 19, 2020] Table 2 to Subpart X of Part 63—Emissions Limits for Secondary Lead Smelting Furnaces For vents from these processes . . . You must meet the following emissions limits . . . a Total hydrocarbon ppm by volume expressed as propane corrected to 4 percent carbon dioxide Dioxin and furan (dioxins and furans) nanograms/dscm 2 Collocated blast and reverberatory furnaces (new and existing) 20 ppmv 0.50 ng/dscm. Collocated blast and reverberatory furnaces when the reverberatory furnace is not operating for units that comments construction or reconstruction before June 9, 1994 360 ppmv 170 ng/dscm. Collocated blast and reverberatory furnaces when the reverberatory furnace is not operating for units that commence construction or reconstruction after June 9, 1994 70 ppmv 170 ng/dscm. Blast furnaces that commence construction or reconstruction before June 9, 1994 360 ppmv 170 ng/dscm. Blast furnaces that commence construction or reconstruction after June 9, 1994 70 ppmv 170 ng/dscm. Blast furnaces that commence construction or reconstruction after May 19, 2011 70 ppmv 10 ng/dscm. Reverberatory and electric furnaces that commence construction or reconstruction before May 19, 2011 12 ppmv 0.20 ng/dscm. Reverberatory and electric furnaces that commence construction or reconstruction after May 19, 2011 12 ppmv 0.10 ng/dscm. a Table 3 to Subpart X of Part 63—Toxic Equivalency Factors Dioxin/furan congener Toxic 2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 1 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01 octachlorinated dibenzo-p-dioxin 0.0003 2,3,7,8-tetrachlorinated dibenzofuran 0.1 2,3,4,7,8-pentachlorinated dibenzofuran 0.3 1,2,3,7,8-pentachlorinated dibenzofuran 0.03 1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01 octachlorinated dibenzofuran 0.0003 [79 FR 372, Jan. 3, 2014] Subpart Y—National Emission Standards for Marine Tank Vessel Loading Operations Source: 60 FR 48399, Sept. 19, 1995, unless otherwise noted. § 63.560 Applicability and designation of affected source. (a) Maximum achievable control technology (MACT) standards. (2) Existing sources with emissions less than 10 and 25 tons are not subject to the emissions standards in § 63.562(b) and (d). (3) The recordkeeping requirements of § 63.567(j)(4) and the emission estimation requirements of § 63.565(l) apply to existing sources with emissions less than 10 and 25 tons. (4) Existing sources with emissions less than 10 and 25 tons must meet the submerged fill standards of 46 CFR 153.282. (b) Reasonably available control technology (RACT) standards. (2) Sources with throughput less than 10 M barrels and 200 M barrels, as that term is defined in § 63.561, are not subject to the emissions standards in § 63.562(c) and (d). (c) General Provisions applicability. (d) Exemptions from MACT and RACT standards. (2) The provisions of this subpart pertaining to the MACT standards in § 63.562(b)(2), (3) and (4) and to the RACT standards in § 63.562(c)(3) and (4) do not apply to marine tank vessel loading operations where emissions are reduced by using a vapor balancing system, as that term is defined in § 63.561. The provisions pertaining to the vapor collection system, ship-to-shore compatibility, and vapor tightness of marine tank vessels in § 63.562(b)(1) and (c)(2) do apply. (3) The provisions of this subpart pertaining to the MACT standards in § 63.562(b)(2), (3), and (4) do not apply to marine tank vessel loading operations that are contiguous with refinery operations at sources subject to and complying with subpart CC of this part, National Emissions Standards for Organic Hazardous Air Pollutants from Petroleum Refineries, except to the extent that any such provisions of this subpart are made applicable by subpart CC of this part. (4) The provisions of this subpart pertaining to the MACT standards in § 63.562(b) and (d) do not apply to benzene emissions from marine tank vessel loading operations that are subject to and complying with 40 CFR part 61, subpart BB, National Emissions Standards for Benzene Emissions from Benzene Transfer Operations, except that benzene emissions or other HAP emissions (i.e., nonbenzene HAP emissions) from marine tank vessel loading operations that are not subject to subpart BB are subject to the provisions of this subpart. (5) The provisions of this subpart pertaining to the MACT standards in § 63.562(b) and (d) do not apply to marine tank vessel loading operations at loading berths that only transfer liquids containing organic HAP as impurities, as that term is defined in § 63.561. (6) The provisions of this subpart do not apply to marine tank vessel loading operations at existing offshore loading terminals, as that term is defined in § 63.561, however existing offshore loading terminals must meet the submerged fill standards of 46 CFR 153.282. (7) The provisions of this subpart do not apply to ballasting operations, as that term is defined in § 63.561. (e) Compliance dates—(1) MACT standards compliance dates, except the Valdez Marine Terminal (VMT) source. (ii) A new source with emissions of 10 or 25 tons, except the VMT source, and a new source with emissions less than 10 and 25 tons, except the VMT source, that has an initial startup date after September 20, 1999 shall comply with provisions of this subpart pertaining to the MACT standards in § 63.562(b) immediately upon startup. (iii) A source with emissions less than 10 and 25 tons that increases its emissions subsequent to September 20, 1999 such that it becomes a source with emissions of 10 or 25 tons shall comply with the provisions of this subpart pertaining to the MACT standards in § 63.562(b) within 3 years following the exceedance of the threshold level. (iv) Existing sources with emissions less than 10 and 25 tons, and existing offshore loading terminals, shall comply with the submerged fill requirements in paragraph (a)(4) and (d)(6) of this section by April 23, 2012. (2) RACT standards compliance dates, except the VMT source. (ii) A source with throughput of 10 M barrels or 200 M barrels, except the VMT source, with an initial startup date on or before September 21, 1998 shall comply with the provisions of this subpart pertaining to the RACT standards in § 63.562(c) other than § 63.562(c)(1), no later than 3 years after the effective date. (iii) A source with throughput of 10 M barrels or 200 M barrels, except the VMT source, with an initial startup date after September 21, 1998 shall comply with the provisions of this subpart pertaining to the RACT standards in § 63.562(c) immediately upon startup. (iv) A source with throughput less than 10 M barrels and 200 M barrels that increases its throughput subsequent to September 21, 1998 such that it becomes a source with throughput of 10 M barrels or 200 M barrels shall comply with the provisions of this subpart pertaining to the RACT standards in § 63.562(c) within 3 years following the exceedance of the threshold levels. (v) A source with throughput of 10 M barrels or 200 M barrels may apply for approval from the Administrator for an extension of the compliance date of up to 1 year if it can demonstrate that the additional time is necessary for installation of the control device. (3) MACT and RACT compliance dates for the VMT source. Table 1 to § 63.560—General Provisions Applicability to Subpart Y Reference Applies to affected sources in subpart Y Comment 63.1(a)(1) Yes Additional terms are defined in § 63.561; when overlap between subparts A and Y occurs, subpart Y takes precedence. 63.1(a)(2) Yes 63.1(a)(3) Yes 63.1(a)(4) Yes Subpart Y clarifies the applicability of each paragraph in subpart A to sources subject to subpart Y in this table. .63.1(a)(5) No Reserved. 63.1(a)(6) Yes 63.1(a)(7) Yes 63.1(a)(8) Yes 63.1(a)(9) No Reserved. 63.1(a)(10) Yes 63.1(a)(11) Yes § 63.567(a) also allows report submissions via facsimile and on electronic media. 63.1(a)(12) Yes 63.1(a)(13) Yes 63.1(a)(14) Yes 63.1(b)(1) Yes 63.1(b)(2) Yes 63.1(b)(3) No § 63.560 specifies applicability. 63.1(c)(1) Yes Subpart Y clarifies the applicability of each paragraph in subpart A to sources subject to subpart Y in this table. 63.1(c)(2) Yes Subpart Y is not applicable to area sources. 63.1(c)(3) No Reserved. 63.1(c)(4) Yes 63.1(c)(5) No § 63.560 specifies applicability. 63.1(c)(6) Yes 63.1(d) No Reserved. 63.1(e) Yes 63.2 Yes Additional terms are defined in § 63.561; when overlap between subparts A and Y occurs, subpart Y takes precedence. 63.3 Yes Other units used in subpart Y are defined in the text of subpart Y. 63.4(a)(1) Yes 63.4(a)(2) Yes 63.4(a)(3) Yes 63.4(a)(4) No Reserved. 63.4(a)(5) Yes 63.4(b) Yes 63.4(c) Yes 63.5(a) Yes 63.5(b)(1)(i) Yes 63.5(b)(1)(ii) No 63.5(b)(2) No Reserved. 63.5(b)(3) Yes 63.5(b)(4)-(5) No 63.5(b)(6) Yes 63.5(c) No Reserved. 63.5(d)(1)(i) No See § 63.566(b)(2). 63.5(d)(1)(ii)(A)(H) Yes 63.5(d)(1)(ii)(I) No Reserved. 63.5(d)(1)(ii)(J) Yes 63.5(d)(1)(iii) Yes 63.5(d)(2)-(4) Yes 63.5(e) Yes 63.5(f)(1)(i) and (ii) Yes 63.5(f)(1)(iii) and (iv) No 63.5(f)(2) No See § 63.566(c). 63.6(a)(1) Yes 63.6(a)(2) No § 63.560 specifies applicability. 63.6(b)(1)-(5) No § 63.560(e) specifies compliance dates for sources. 63.6(b)(6) No Reserved. 63.6(b)(7) No § 63.560(e) specifies compliance dates for sources. 63.6(c)(1) No § 63.560(e) specifies compliance dates for sources. 63.6(c)(2) No 63.6(c)(3)-(4) No Reserved. 63.6(c)(5) No § 63.560(e) specifies compliance dates for sources. 63.6(d) No Reserved. 63.6(e) No See § 63.562(e). 63.6(f)(1) No. 63.6(f)(2)(i) Yes 63.6(f)(2)(ii) No 63.6(f)(2)(iii) Yes 63.6(f)(2)(iv) Yes 63.6(f)(2)(v) No See § 63.562(e)(1). 63.6(f)(3) Yes 63.6(g) Yes 63.6(h) No No opacity monitoring is required under subpart Y. 63.6(i)(1)-(3) Yes 63.6(i)(4)(i)(A) No 63.6(i)(4)(i)(B) Yes 63.6(i)(4)(ii) No 63.6(i)(5)-(12) Yes 63.6(i)(13) No 63.6(i)(14) Yes 63.6(i)(15) No Reserved. 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)(1) Yes 63.7(a)(2)(i)-(iv) No See § 63.563(b)(1). 63.7(a)(2)(v) Yes 63.7(a)(2)(vi) No 63.7(a)(2)(vii)-(viii) No Reserved. 63.7(a)(2)(ix) No 63.7(a)(3) Yes 63.7(b) Yes 63.7(c)(1)-(2) Yes The site-specific test plan must be submitted only if requested by the Administrator. 63.7(c)(3)(i)-(ii)(A) Yes 63.7(c)(3)(ii)(B) No See § 63.565(m)(2). 63.7(c)(3)(iii) Yes 63.7(c)(4) Yes 63.7(d) Yes 63.7(e)(1) No See 63.563(b)(1). Any cross reference to 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.563(b)(1). 63.7(e)(2)-(4) Yes. 63.7(f) Yes 63.7(g)(1) Yes 63.7(g)(2) No Reserved. 63.7(g)(3) Yes 63.7(h) Yes 63.8(a)(1)-(2) Yes 63.8(a)(3) No Reserved. 63.8(a)(4) Yes 63.8(b)(1) Yes 63.8(b)(2) No 63.8(b)(3) Yes 63.8(c)(1) No. 63.8(c)(2) Yes 63.8(c)(3) Yes 63.8(c)(4) No See § 63.564(a)(3). 63.8(c)(5) No 63.8(c)(6) Yes See also performance specifications for continuous monitoring systems § 63.564(a)(4). 63.8(c)(7)(i)(A)-(B) Yes See also § 63.564(a)(5). 63.8(c)(7)(i)(C) No 63.8(c)(7)(ii) Yes 63.8(c)(8) No See § 63.564(a)(5). 63.8(d) No See § 63.562(e)(2)(iv). 63.8(e)(1)-(4) Yes 63.8(e)(5)(i) Yes 63.8(e)(5)(ii) No 63.8(f)(1) Yes 63.8(f)(2)(i)-(vii) Yes 63.8(f)(2)(viii) No 63.8(f)(2)(ix) Yes 63.8(f)(3)-(6) Yes 63.8(g) Yes 63.9(a)(1) Yes 63.9(a)(2) Yes 63.9(a)(3) Yes 63.9(a)(4) Yes 63.9(b)(1)(i) Yes 63.9(b)(1)(ii) No See § 63.567(b)(1) 63.9(b)(1)(iii) Yes 63.9(b)(2) No See § 63.567(b)(2). 63.9(b)(3) No See § 63.567(b)(3). 63.9(b)(4) No See § 63.567(b)(4). 63.9(b)(5) No See § 63.567(b)(4). 63.9(c) No See § 63.567(c). 63.9(d) No 63.9(e) Yes 63.9(f) No 63.9(g)(1) Yes 63.9(g)(2) No 63.9(g)(3) Yes 63.9(h)(1)-(3) Yes 63.9(h)(4) No Reserved. 63.9(h)(5)-(6) Yes 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i)-(ii) No See 63.567(m). 63.10(b)(2)(iii) Yes. 63.10(b)(2)(iv) No 63.10(b)(2)(v) No 63.10(b)(2)(vi)-(xiv) Yes 63.10(b)(3) No See § 63.567(j)(4). 63.10(c)(1) Yes 63.10(c)(2)-(4) No Reserved. 63.10(c)(5) Yes 63.10(c)(6) No See § 63.564(a)(5). 63.10(c)(7) No 63.10(c)(8) Yes 63.10(c)(9) No Reserved. 63.10(c)(10)-(11) No See 63.567(m) for reporting malfunctions. Any cross-reference to 63.10(c)(10) or 63.10(c)(11) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.567(m). 63.10(c)(12)-(13) Yes. 63.10(c)(14) No See § 63.562(d)(2)(iv). 63.10(c)(15) No 63.10(d)(1)-(2) Yes 63.10(d)(3) No See § 63.567(d). 63.10(d)(4) Yes 63.10(d)(5) No 63.(10)(e)(1) Yes 63.10(e)(2)(i) Yes 63.10(e)(2)(ii) No 63.10(e)(3)(i)-(v) No See § 63.567(e) 63.10(e)(3)(vi). Yes 63.10(e)(3)(vii)-(viii) No See § 63.567(e) 63.10(e)(4) No 63.10(f) Yes 63.11 Yes 63.12-63.15 Yes [60 FR 48399, Sept. 19, 1995, as amended at 76 FR 22595, Apr. 21, 2011; 80 FR 75237, Dec. 1, 2015; 85 FR 73892, Nov. 19, 2020] § 63.561 Definitions. As used in this subpart, all terms not defined herein shall have the meaning given them in the Clean Air Act or in subpart A of this part. Affected source Affirmative defense Air pollution control device control device Ballasting operations Baseline operating parameter Boiler Car-seal Combustion device Commenced Commodity Continuous Crude oil Exceedance Variance Excess emissions Flow indicator Gasoline Impurity Leak Lightering Lightering operation Loading berth Loading cycle Maintenance allowance Marine tank vessel loading operation Marine vessel Marine tank vessel Nonvapor-tight Offshore loading terminal Primary fuel Process heater Recovery device Routine loading Secondary fuel Source(s) Source(s) with emissions less than 10 and 25 tons (1) Prior to the compliance date, of less than 9.1 Mg (10 tons) of each individual HAP calculated on a 24-month annual average basis after September 19, 1997 and less than 22.7 Mg (25 tons) of all HAP combined calculated on a 24-month annual average basis after September 19, 1997, as determined by emission estimation in § 63.565(l) of this subpart; and (2) After the compliance date, of less than 9.1 Mg (10 tons) of each individual HAP calculated annually after September 20, 1999 and less than 22.7 Mg (25 tons) of all HAP combined calculated annually after September 20, 1999, as determined by emission estimation in § 63.565(l) of this subpart. Source(s) with emissions of 10 or 25 tons (1) Prior to the compliance date, emissions of 9.1 Mg (10 tons) or more of each individual HAP calculated on a 24-month annual average basis after September 19, 1997 or of 22.7 Mg (25 tons) or more of all HAP combined calculated on a 24-month annual average basis after September 19, 1997, as determined by emission estimation in § 63.565(l); or (2) After the compliance date, emissions of 9.1 Mg (10 tons) or more of each individual HAP calculated annually after September 20, 1999 or of 22.7 Mg (25 tons) or more of all HAP combined calculated annually after September 20, 1999, as determined by emission estimation in § 63.565(l). Source(s) with throughput less than 10 M barrels and 200 M barrels (1) Prior to the compliance date, of less than 1.6 billion liters (10 million (M) barrels) of gasoline on a 24-month annual average basis and of less than 32 billion liters (200 M barrels) of crude oil on a 24-month annual average basis after September 19, 1996; and (2) After the compliance date, of less than 1.6 billion liters (10 M barrels) of gasoline annually and of less than 32 billion liters (200 M barrels) of crude oil annually after September 21, 1998. Source(s) with throughput of 10 M barrels or 200 M barrels (1) Prior to the compliance date, of 1.6 billion liters (10 M barrels) or more of gasoline on a 24-month annual average basis or of 32 billion liters (200 M barrels) or more of crude oil on a 24-month annual average basis after September 19, 1996; or (2) After the compliance date, of 1.6 billion liters (10 M barrels) or more of gasoline annually or of 32 billion liters (200 M barrels) or more of crude oil annually after September 21, 1998. Terminal Twenty-four-month (24-month) annual average basis Valdez Marine Terminal (VMT) source et seq. Vapor balancing system Vapor collection system Vapor-tight marine vessel Volatile organic compounds VOC [60 FR 48399, Sept. 19, 1995, as amended at 76 FR 22596, Apr. 21, 2011] § 63.562 Standards. (a) The emissions limitations in paragraphs (b), (c), and (d) of this section apply during marine tank vessel loading operations. (b) MACT standards, except for the VMT source Vapor collection system of the terminal. (ii) Ship-to-shore compatibility. (iii) Vapor tightness of marine vessels. (2) MACT standards for existing sources with emissions of 10 or 25 tons. (3) MACT standards for new sources. (4) MACT standards for new major source offshore loading terminals. (5) Prevention of carbon adsorber emissions during regeneration. (6) Maintenance allowance for loading berths. (i) The owner or operator expects to be in violation of the emissions standards due to maintenance; (ii) Due to conditions beyond the reasonable control of the owner or operator, compliance with the emissions standards during maintenance would result in unreasonable economic hardship; (iii) The economic hardship cannot be justified by the resulting air quality benefit; (iv) The owner or operator has given due consideration to curtailing marine vessel loading operations during maintenance; (v) During the maintenance allowance, the owner or operator will endeavor to reduce emissions from other loading berths that are controlled as well as from the loading berth the owner or operator is seeking the maintenance allowance; and (vi) During the maintenance allowance, the owner or operator will monitor and report emissions from the loading berth to which the maintenance allowance applies. (c) RACT standards, except the VMT source Commencement of construction. (2)(i) Vapor collection system of the terminal. (ii) Ship-to-shore compatibility. (iii) Vapor tightness of marine vessels. (3) RACT standard for sources with throughput of 10 M or 200 M barrels, except the VMT source. (4) The owner or operator of a source with throughput of 10 M barrels or 200 M barrels, except the VMT source, may meet the requirements of paragraph (c)(3) by reducing gasoline loading emissions to, at most, 1,000 ppmv outlet VOC concentration. (5) Prevention of carbon adsorber emissions during regeneration. (6) Maintenance allowance for loading berths. (i) The owner or operator expects to be in violation of the emissions standards due to maintenance; (ii) Due to conditions beyond the reasonable control of the owner or operator, compliance with the emissions standards during maintenance would result in unreasonable economic hardship; (iii) The economic hardship cannot be justified by the resulting air quality benefit; (iv) The owner or operator has given due consideration to curtailing marine vessel loading operations during maintenance; (v) During the maintenance allowance, the owner or operator will endeavor to reduce emissions from other loading berths that are controlled as well as from the loading berth the owner or operator is seeking the maintenance allowance; and (vi) During the maintenance allowance, the owner or operator will monitor and report emissions from the loading berth to which the maintenance allowance applies. (d) MACT and RACT standards for the VMT source Vapor collection system of the terminal. (ii) Ship-to-shore compatibility. (iii) Vapor tightness of marine vessels. (2) The owner or operator of the VMT source shall reduce captured HAP and VOC emissions by 98 weight-percent, as determined using methods in § 63.565(d) and (l) for loading berths subject under this paragraph according to paragraphs (d)(2)(i), (ii), (iii), and (iv): (i) The owner or operator of the VMT source shall equip at least two loading berths and any additional berths indicated pursuant to paragraph (d)(2)(iii) with a vapor collection system and air pollution control device and shall load marine tank vessels over loading berths equipped with a vapor collection system and control device to the maximum extent practicable. The owner or operator shall equip all loading berths that will be used for routine loading after March 19, 1998 with a vapor collection system and control device if the annual average daily loading rate for all loading berths exceeds the limits in paragraphs (d)(2)(i)(A), (B), and (C) of this section. (A) For 1995, 1,630,000 barrels per day; and (B) For 1996, 1,546,000 barrels per day; and (C) For 1997, 1,445,000 barrels per day. (ii) Maximum extent practicable means that the total annual average daily loading over all loading berths not equipped with a vapor collection system and control device shall not exceed the totals in paragraphs (d)(2)(ii)(A) and (B): (A) Loading allowances for marine tank vessel loading operations at loading berths not equipped with control devices. ( 1 ( 2 ( 3 ( 4 ( 5 (B) Maintenance allowances for loading berths subject under paragraph (d)(2)(i). a b c b ( 1 ( 2 m Where: Q m P = prior calendar year's average daily volume of crude oil loaded at the facility, barrels per day. ( 3 (iii) If the average daily loading rate for the loading berths not equipped with a vapor collection system and control device is greater than the combined amounts in any year listed in paragraphs (d)(2)(i)(A), (B), and (C) and (d)(2)(ii)(A) and (B), then the owner or operator of the VMT source shall equip all loading berths used for routine loading with a vapor collection system and control device within 2 years of the exceedance except that in an emergency situation the Administrator may, instead of requiring controls, approve an alternative plan to reduce loading over the unequipped berth(s) to a level which will ensure compliance with the applicable limit. Beginning in the year 2002, the owner or operator of the VMT source shall equip all uncontrolled loading berths used for marine tank vessel loading operations beyond the maintenance allowance in paragraph (d)(2)(ii)(B) with a vapor collection system and control device. (iv) The owner or operator of the VMT source shall develop a program to communicate to relevant facility operations and marine transportation personnel and engage their active and consistent participation in honoring the intent and goal of minimizing loaded volumes over the unequipped berths and maximizing the loaded volumes at the berths equipped with a vapor collection system and control device to prevent exceedance of the load volume limits in paragraphs (d)(2)(ii)(A) and (B). This program is to be presented semi-annually during the first year of compliance and annually thereafter until the use of unequipped berths for routine loading is no longer required. (e) Operation and maintenance requirements for air pollution control equipment and monitoring equipment for affected sources. At all times, owners or operators of affected sources shall operate and maintain a source, including associated air pollution control equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether acceptable operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (1) The Administrator will determine compliance with design, equipment, work practice, or operational emission standards by evaluating an owner or operator's conformance with operation and maintenance requirements. (2) The owner or operator of an affected source shall develop a written operation and maintenance plan that describes in detail a program of corrective action for varying (i.e., exceeding baseline parameters) air pollution control equipment and monitoring equipment, based on monitoring requirements in § 63.564, used to comply with these emissions standards. The plan shall also identify all routine or otherwise predictable continuous monitoring system (thermocouples, pressure transducers, continuous emissions monitors (CEMS), etc.) variances. (i) The plan shall specify procedures (preventive maintenance) to be followed to ensure that pollution control equipment and monitoring equipment functions properly and variances of the control equipment and monitoring equipment are minimal. (ii) The plan shall identify all operating parameters to be monitored and recorded for the air pollution control device as indicators of proper operation and shall establish the frequency at which the parameters will be monitored (see § 63.564). (iii) Owners or operators of affected sources shall incorporate a standardized inspection schedule for each component of the control device used to comply with the emissions standards in § 63.562(b), (c), and (d). To satisfy the requirements of this paragraph, the owner or operator may use the inspection schedule recommended by the vendor of the control system or any other technical publication regarding the operation of the control system. (iv) Owners or operators shall develop and implement a continuous monitoring system (CMS) quality control program. The owner or operator shall develop and submit to the Administrator for approval upon request a site-specific performance evaluation test plan for the CMS performance evaluation required in § 63.8(e) of subpart A of this part. Each quality control program shall include, at a minimum, a written protocol that describes procedures for initial and any subsequent calibration of the CMS; determination and adjustment of the calibration drift of the CMS; preventive maintenance of the CMS, including spare parts inventory; data recording, calculations, and reporting; and accuracy audit procedures, including sampling and analysis methods. The owner or operation shall maintain records of the procedures that are part of the quality control program developed and implemented for CMS. (3) Based on the results of the determination made under paragraph (e)(2), the Administrator may require that an owner or operator of an affected source make changes to the operation and maintenance plan for that source. Revisions may be required if the plan: (i) Does not address a variance of the air pollution control equipment or monitoring equipment that has occurred that increases emissions; (ii) Fails to provide for operation during a variance of the air pollution control equipment or the monitoring equipment in a manner consistent with safety and good air pollution control practices; or (iii) Does not provide adequate procedures for correcting a variance of the air pollution control equipment or monitoring equipment as soon as reasonable. (4) If the operation and maintenance plan fails to address or inadequately addresses a variance event at the time the plan was initially developed, the owner or operator shall revise the operation and maintenance plan within 45 working days after such an event occurs. The revised plan shall include procedures for operating and maintaining the air pollution control equipment or monitoring equipment during similar variance events and a program for corrective action for such events. (5) The operation and maintenance plan shall be developed by the source's compliance date. The owner or operator shall keep the written operation and maintenance plan on record to be made available for inspection, upon request, by the Administrator for the life of the source. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the plan on record to be made available for inspection upon request by the Administrator for a period of 5 years after each revision to the plan. (6) To satisfy the requirements of the operation and maintenance plan, the owner or operator may use the source's standard operating procedures (SOP) manual, an Occupational Safety and Health Administration (OSHA) plan, or other existing plans provided the alternative plans meet the requirements of this section and are made available for inspection when requested by the Administrator. (7) In response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by a malfunction, as defined in § 63.2. Appropriate penalties may be assessed, however, if the respondent fails to meet its burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (i) To establish the affirmative defense in any action to enforce such a limit, the owners or operators of a facility must timely meet the notification requirements of paragraph (e)(7)(ii) of this section, and must prove by a preponderance of evidence that: (A) The excess emissions were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; (B) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; (C) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; (D) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (E) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; (F) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; (G) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; (H) At all times, the affected facility was operated in a manner consistent with good practices for minimizing emissions; and (I) The owner or operator has prepared a written root cause analysis, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (ii) Notification. [60 FR 48399, Sept. 19, 1995, as amended at 68 FR 37350, June 23, 2003; 71 FR 20457, Apr. 20, 2006; 76 FR 22596, Apr. 21, 2011] § 63.563 Compliance and performance testing. (a) The following procedures shall be used to determine compliance with the emissions limits under § 63.562(b)(1), (c)(2), and (d)(1): (1) Vent stream by-pass requirements for the terminal's vapor collection system. (ii) Repairs shall be made to valves, car-seals, or closure mechanisms no later than 15 days after a change in the position of the valve or a break in the car-seal or closure mechanism is detected or no later than prior to the next marine tank vessel loading operation, whichever is later. (2) Ship-to-shore compatibility of vapor collection systems. (3) Pressure/vacuum settings for the marine tank vessel's vapor collection equipment. (4) Vapor-tightness requirements of the marine vessel. (i) Pressure test documentation for determining vapor tightness of the marine vessel. (ii) Leak test documentation for determining vapor tightness of the marine vessel. (iii) Leak test performed during loading using Method 21 for determining vapor tightness of the marine vessel. (A) If no leak is detected, the owner or operator of a marine tank vessel shall complete the documentation described in § 63.567(i) prior to departure of the vessel. (B) If a leak is detected, the owner or operator of the marine tank vessel shall document the vapor-tightness failure for the marine tank vessel prior to departure of the vessel. The leaking component shall be repaired prior to the next marine tank vessel loading operation at a controlled terminal unless the repair is technically infeasible without cleaning and gas freeing or dry-docking the vessel. If the owner or operator of the vessel provides documentation that repair of such equipment is technically infeasible without cleaning and gas freeing or dry-docking the vessel, the equipment responsible for the leak will be excluded from future Method 21 tests until repairs are effected. A copy of this documentation shall be maintained by the owner or operator of the affected source. Repair of the equipment responsible for the leak shall occur the next time the vessel is cleaned and gas freed or dry-docked. For repairs that are technically feasible without dry-docking the vessel, the owner or operator of the affected source shall not load the vessel again unless the marine tank vessel owner or operator can document that the equipment responsible for the leak has been repaired. (iv) Negative pressure loading. (b) Compliance determination for affected sources. (1) Initial performance test. (2) Performance test exemptions. (i) When a boiler or process heater with a design heat input capacity of 44 Megawatts or less is used to comply with § 63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2) and the vent stream is used as the primary fuel or with the primary fuel; (ii) When a boiler or process heater with a design heat input capacity of 44 Megawatts or greater is used to comply with § 63.562(b)(2), (3) or (4), (c)(3) or (4), or (d)(2); or (iii) When a boiler subject to 40 CFR part 266, subpart H, “Hazardous Waste Burned in Industrial Furnaces,” that has demonstrated 99.99 percent destruction or recovery efficiency is used to comply with § 63.562(b)(2), (3), or (4), (c)(3) or (4), or (d)(2). (3) Operation and maintenance inspections. (4) Combustion device, except flare. (i) Outlet VOC concentration limit for required percent combustion efficiency. (ii) Baseline temperature for required percent combustion efficiency. (5) Flare. (6) Carbon adsorber. (i) Compliance determination for carbon bed regeneration. (ii) Baseline parameters for required percent recovery efficiency. (A) Outlet VOC concentration limit for required percent recovery efficiency. (B) Carbon adsorbers with vacuum regeneration. (C) Carbon adsorbers with steam regeneration. (iii) Outlet VOC concentration of 1,000 ppmv for gasoline loading. (7) Condenser/refrigeration unit. (i) VOC outlet concentration limit for required percent recovery efficiency. (ii) Baseline temperature for required percent recovery efficiency. (iii) Baseline parameters for 1,000 ppmv VOC concentration limit for gasoline loading. (8) Absorber. (i) VOC outlet concentration limit for required percent recovery efficiency. (ii) Baseline liquid-to-vapor ratio for required percent recovery efficiency. (9) Alternative control devices. (10) Emission estimation. (c) Leak detection and repair for vapor collection systems and control devices. (1) Annual leak detection and repair for vapor collection systems and control devices. (2) Ongoing leak detection and repair for vapor collection systems and control devices. (3) When a leak is detected, a first effort to repair the vapor collection system and control device shall be made within 15 days or prior to the next marine tank vessel loading operation, whichever is later. [60 FR 48399, Sept. 19, 1995, as amended at 76 FR 22597, Apr. 21, 2011] § 63.564 Monitoring requirements. (a)(1) The owner or operator of an affected source shall comply with the monitoring requirements in § 63.8 of subpart A of this part in accordance with the provisions for applicability of subpart A to this subpart in Table 1 of § 63.560 and the monitoring requirements in this section. (2) Each owner or operator of an affected source shall monitor the parameters specified in this section. All monitoring equipment shall be installed such that representative measurements of emissions or process parameters from the source are obtained. For monitoring equipment purchased from a vendor, verification of the operational status of the monitoring equipment shall include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system. (3) Except for system breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, and zero (low-level) and high-level calibration drift adjustments, all continuous parametric monitoring systems (CPMS) and CEMS shall be in continuous operation while marine tank vessel loading operations are occuring and shall meet minimum frequency of operation requirements. Sources monitoring by use of CEMS and CPMS shall complete a minimum of one cycle of operation (sampling, analyzing, and/or data recording) for each successive 15-minute period. (4) The owner or operator of a CMS installed in accordance with these emissions standards shall comply with the performance specifications either in performance specification (PS) 8 in 40 CFR part 60, appendix B for CEMS or in § 63.7(c)(6) of subpart A of this part for CPMS. (5) A CEMS is out of control when the measured values (i.e., daily calibrations, multipoint calibrations, and performance audits) exceed the limits specified in either PS 8 or in § 63.8(c)(7) of subpart A of this part. The owner or operator of a CEMS that is out of control shall submit all information concerning out of control periods, including start and end dates and hours and descriptions of corrective actions taken, in the excess emissions and continuous monitoring system performance report required in § 63.567(e). (b) Vapor collection system of terminal. (1) Measure and record the vent stream flowrate of each by-pass line once every 15 minutes. The owner or operator shall install, calibrate, maintain, and operate a flow indicator and data recorder. The flow indicator shall be installed immediately downstream of any valve (i.e., entrance to by-pass line) that could divert the vent stream from the control device to the atmosphere. (2) Measure the vent stream flowrate of each by-pass line once every 15 minutes. The owner or operator shall install, calibrate, maintain, and operate a flow indicator with either an audio or visual alarm. The flow indicator and alarm shall be installed immediately downstream of any valve (i.e., entrance to by-pass line) that could divert the vent stream from the control device to the atmosphere. The alarm shall be checked every 6 months to demonstrate that it is functioning properly. (3) Visually inspect the seal or closure mechanism once during each marine tank vessel loading operation and at least once every month to ensure that the valve is maintained in the closed position and that the vent stream is not diverted through the by-pass line; record all times when the car seals have been broken and the valve position has been changed. Each by-pass line valve shall be secured in the closed position with a car-seal or a lock-and-key type configuration. (c) Pressure/vacuum settings for the marine tank vessel's vapor collection equipment. (d) Loading at negative pressure. (e) Combustion device, except flare. (1) Outlet VOC concentration. (2) Operating temperature determined during performance testing. (3) Manufacturer's recommended operating temperature. (4) Temperature monitor. (f) Flare. (g) Carbon adsorber. (1) Outlet VOC concentration. (2) Carbon adsorbers with vacuum regeneration. (3) Carbon adsorbers with steam regeneration. (h) Condenser/refrigeration unit. (1) Baseline temperature. (2) Outlet VOC concentration. (i) Absorber. (1) Outlet VOC concentration. (2) L/V ratio. (j) Alternate monitoring procedures. § 63.565 Test methods and procedures. (a) Performance testing. (b) Pressure/vacuum settings of marine tank vessel's vapor collection equipment. (1) Calibrate and install a pressure measurement device (liquid manometer, magnehelic gauge, or equivalent instrument) capable of measuring up to the maximum relief set pressure of the pressure-vacuum vents; (2) Connect the pressure measurement device to a pressure tap in the terminal's vapor collection system, located as close as possible to the connection with the marine tank vessel; and (3) During the performance test required in § 63.563(b)(1), record the pressure every 5 minutes while a marine tank vessel is being loaded and record the highest instantaneous pressure and vacuum that occurs during each loading cycle. (c) Vapor-tightness test procedures for the marine tank vessel. (1) Pressure test for the marine tank vessel. (ii) Once the pressure is obtained, the dry air or inert gas source shall be shut off. (iii) At the end of one-half hour, the pressure in the product tank and piping shall be measured. The change in pressure shall be calculated using the following formula: P = P i f Where: P = change in pressure, inches of water. P i P f (iv) The change in pressure, P, shall be compared to the pressure drop calculated using the following formula: PM = 0.861 P ia Where: PM = maximum allowable pressure change, inches of water. P ia L = maximum permitted loading rate of vessel, barrels per hour. V = total volume of product tank, barrels. (v) If P≤PM, the vessel is vapor tight. (vi) If P>PM, the vessel is not vapor tight and the source of the leak must be identified and repaired prior to retesting. (2) Leak test for the marine tank vessel. (d) Combustion (except flare) and recovery control device performance test procedures. (2) All testing shall be performed during the last 20 percent of loading of a tank or compartment. (3) All emission testing intervals shall consist of each 5 minute period during the performance test. For each interval, the following shall be performed: (i) Readings. (ii) Sampling Sites. (iii) Volume exhausted. (4) Combustion devices, except flares. (5) Recovery devices. (6) The VOC mass at the inlet and outlet of the combustion or recovery device during each testing interval shall be calculated as follows: M j s VOC Where: M j F = 10 −6 3 3 K = density, kilograms per cubic meter (kg/m 3 V s 3 C VOC s = standard conditions, 20 °C and 760 mm Hg. (7) The VOC mass emission rates at the inlet and outlet of the recovery or combustion device shall be calculated as follows: Where: E i o M ij oj T = Total time of all testing intervals, hour. n = number of testing intervals. (8) Where Method 25, 25A, or 25B is used to measure the percent reduction in VOC, the percent reduction across the combustion or recovery device shall be calculated as follows: Where: R = control efficiency of control device, percent. E i E o (9) Repeat the procedures in paragraph (d)(1) through (d)(8) of this section 3 times. The arithmetic average percent efficiency of the three runs shall determine the overall efficiency of the control device. (10) Use of methods other than Method 25, 25A, or 25B shall be validated pursuant to Method 301 of appendix A to part 63 of this chapter. (e) Performance test for flares. (f) Baseline temperature. (1) Baseline temperature from performance testing. (2) Baseline temperature from manufacturer. (g) Baseline outlet VOC concentration. (h) Baseline regeneration time for carbon bed regeneration. (1) Baseline regeneration time from performance testing. (2) Baseline regeneration time from manufacturer recommendation. (i) Baseline vacuum pressure for carbon bed regeneration. (j) Baseline total stream flow. (k) Baseline L/V ratio. (1) Baseline L/V ratio from performance test. (2) Baseline L/V ratio from manufacturer. (l) Emission estimation procedures. (m) Alternate test procedures. (2) If the owner or operator intends to demonstrate compliance by using an alternative to any test method specified, the owner or operator shall refrain from conducting the performance test until the Administrator approves the use of the alternative method when the Administrator approves the site-specific test plan (if review of the site-specific test plan is requested) or until after the alternative method is approved (see § 63.7(f) of subpart A of this part). If the Administrator does not approve the site-specific test plan (if review is requested) or the use of the alternative method within 30 days before the test is scheduled to begin, the performance test dates specified in § 63.563(b)(1) shall be extended such that the owner or operator shall conduct the performance test within 60 calendar days after the Administrator approves the site-specific test plan or after use of the alternative method is approved. Notwithstanding the requirements in the preceding two sentences, the owner or operator may proceed to conduct the performance test as required in this section (without the Administrator's prior approval of the site-specific test plan) if he/she subsequently chooses to use the specified testing and monitoring methods instead of an alternative. [60 FR 48399, Sept. 19, 1995, as amended at 79 FR 11283, Feb. 27, 2014] § 63.566 Construction and reconstruction. (a) The owner or operator of an affected source shall fulfill all requirements for construction or reconstruction of a source in § 63.5 of subpart A of this part in accordance with the provisions for applicability of subpart A to this subpart in Table 1 of § 63.560 and construction or reconstruction requirements in this section. (b)(1) Application for approval of construction or reconstruction. (2) General application requirements. (c) Approval of construction or reconstruction based on prior State preconstruction review. § 63.567 Recordkeeping and reporting requirements. (a) The owner or operator of an affected source shall fulfill all reporting and recordkeeping requirements in §§ 63.9 and 63.10 of subpart A of this part in accordance with the provisions for applicability of subpart A to this subpart in Table 1 of § 63.560 and fulfill all reporting and recordkeeping requirements in this section. These reports will be made to the Administrator at the appropriate address identified in § 63.13 of subpart A of this part. (1) Reports required by subpart A and this section may be sent by U.S. mail, facsimile (fax), or by another courier. (i) Submittals sent by U.S. mail shall be postmarked on or before the specified date. (ii) Submittals sent by other methods shall be received by the Administrator on or before the specified date. (2) If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media. (b) Notification requirements. (1) Applicability. (2) Initial notification for sources with startup before the effective date. (i) The name and address of the owner or operator; (ii) The address (i.e., physical location) of the source; (iii) An identification of this emissions standard that is the basis of the notification and the source's compliance date; (iv) A brief description of the nature, size, design, and method of operation of the source; (v) A statement that the source is a major source. (3) Initial notification for sources with startup after the effective date. (4) Initial notification requirements for constructed/reconstructed sources. (i) Notify the Administrator in writing of the intended construction or reconstruction. (ii) Submit a notification of the date when construction or reconstruction was commenced, delivered or postmarked not later than 30 days after such date, if construction was commenced after the effective date. (iii) Submit a notification of the anticipated date of startup of the source, delivered or postmarked not more than 60 days nor less than 30 days before such date; (iv) Submit a notification of the actual date of startup of the source, delivered or postmarked within 15 calendar days after that date. (5) Additional initial notification requirements. (ii) As an alternative to reporting the information in paragraph (b)(5)(i) of this section, the source may submit documentation showing that all HAP-containing marine tank vessel loading operations, not exempt by § 63.560(d), occurred using vapor tight vessels that comply with the procedures of § 63.563(a) and that the emissions were routed to control devices meeting the requirements specified in § 63.563(b). (c) Request for extension of compliance. (d) Reporting for performance testing of flares. (e) Summary reports and excess emissions and monitoring system performance reports Schedule for summary report and excess emissions and monitoring system performance reports. (2) Request to reduce frequency of excess emissions and continuous monitoring system performance reports. (i) For 1 full year the sources's excess emissions and continuous monitoring system performance reports continually demonstrate that the source is in compliance; and (ii) The owner or operator continues to comply with all recordkeeping and monitoring requirements specified in this subpart and subpart A of this part. (3) The frequency of reporting of excess emissions and continuous monitoring system performance and summary reports required may be reduced only after the owner or operator notifies the Administrator in writing of his or her intention to make such a change and the Administrator does not object to the intended change. In deciding whether to approve a reduced frequency of reporting, the Administrator may review information concerning the source's entire previous performance history during the 5-year recordkeeping prior to the intended change, including performance test results, monitoring data, and evaluations of an owner or operator's conformance with operation maintenance requirements. Such information may be used by the Administrator to make a judgement about the source's potential for noncompliance in the future. If the Administrator will notify the owner or operator in writing within 45 days after receiving notice of the owner or operator's intention. The notification from the Administrator to the owner or operator will specify the grounds on which the disapproval is based. In the absence of a notice of disapproval within 45 days, approval is automatically granted. (4) Content and submittal dates for excess emissions and monitoring system performance reports. (5) If the total duration of excess emissions or control system parameter exceedances for the reporting period is less than 5 percent of the total operating time for the reporting period, and CMS downtime for the reporting period is less than 10 percent of the total operating time for the reporting period, only the summary report of § 63.10(e)(3)(vi) of subpart A of this part shall be submitted, and the full excess emissions and continuous monitoring system performance report of paragraph (e)(4) of this section need not be submitted unless required by the Administrator. (6) If the total duration of excess emissions or process or control system parameter exceedances for the reporting period is 5 percent or greater of the total operating time for the reporting period, or the total CMS downtime for the reporting period is 10 percent or greater of the total operating time for the reporting period, both the summary report of § 63.10(e)(3)(vi) of subpart A of this part and the excess emissions and continuous monitoring system performance report of paragraph (e)(4) of this section shall be submitted. (f) Vapor collection system of the terminal. (g) If a vent system, or vapor collection system, containing valves that could divert the emission stream away from the control device is used, each owner or operator of an affected source shall keep for at least 5 years up-to-date, readily accessible continuous records of: (1) All periods when flow bypassing the control device is indicated if flow indicators are installed under § 63.563(a)(1) and § 63.564(b), and (2) All times when maintenance is performed on car-sealed valves, when the car-seal is broken, and when the valve position is changed (i.e., from open to closed for valves in the vent piping to the control device and from closed to open for valves that vent the stream directly or indirectly to the atmosphere bypassing the control device) if valves are monitored under § 63.564(b). (h) The owner or operator of an affected source shall keep the vapor-tightness documentation required under § 63.563(a)(4) on file at the source in a permanent form available for inspection. (i) Vapor tightness test documentation for marine tank vessels. (1) Test title; (2) Marine vessel owner and address; (3) Marine vessel identification number; (4) Loading time, according to § 63.563(a)(4)(ii) or (iii), if appropriate; (5) Testing location; (6) Date of test; (7) Tester name and signature; (8) Test results from § 63.565(c)(1) or (2), as appropriate; (9) Documentation provided under § 63.563(a)(4)(ii) and (iii)(B) showing that the repair of leaking components attributed to a failure of a vapor-tightness test is technically infeasible without dry-docking the vessel; and (10) Documentation that a marine tank vessel failing a pressure test or leak test has been repaired. (j) Emission estimation reporting and recordkeeping procedures. (1) Maintain records of all measurements, calculations, and other documentation used to identify commodities exempted under § 63.560(d); (2) Keep readily accessible records of the emission estimation calculations performed in § 63.565(l) for 5 years; and (3) Submit an annual report of the source's HAP control efficiency calculated using the procedures specified in § 63.565(l), based on the source's actual throughput. (4) Owners or operators of marine tank vessel loading operations specified in § 63.560(a)(3) shall retain records of the emissions estimates determined in § 65.565(l) and records of their actual throughputs by commodity, for 5 years. (k) Leak detection and repair of vapor collection systems and control devices. (1) Date of inspection; (2) Findings (location, nature, and severity of each leak); (3) Leak determination method; (4) Corrective action (date each leak repaired, reasons for repair interval); and (5) Inspector name and signature. (l) The owner or operator of the VMT source required by § 63.562(d)(2)(iv) to develop a program, shall submit annual reports on or before January 31 of each year to the Administrator certifying the annual average daily loading rate for the previous calendar year. Beginning on January 31, 1996, for the reported year 1995, the annual report shall specify the annual average daily loading rate over all loading berths. Beginning on January 31, 1999, for the reported year 1998, the annual report shall specify the annual average daily loading rate over all loading berths, over each loading berth equipped with a vapor collection system and control device, and over each loading berth not equipped with a vapor collection system and control device. The annual average daily loading rate under this section is calculated as the total amount of crude oil loaded during the calendar year divided by 365 days or 366 days, as appropriate. (m) The number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded shall be stated in a semiannual report. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.562(e), including actions taken to correct a malfunction. The report, to be certified by the owner or operator or other responsible official, shall be submitted semiannually and delivered or postmarked by the 30th day following the end of each calendar half. (n)(1) As of January 1, 2012 and within 60 days after the date of completing each performance test, as defined in § 63.2, and as required in this subpart, you must submit performance test data, except opacity data, electronically to EPA's Central Data Exchange by using the ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/ (2) All reports required by this subpart not subject to the requirements in paragraph (n)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (n)(1) of this section in paper format. [60 FR 48399, Sept. 19, 1995, as amended at 68 FR 37350, June 23, 2003; 76 FR 22597, Apr. 21, 2011; 85 FR 73892, Nov. 19, 2020] § 63.568 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.560 and 63.562(a) through (d). (2) Approval of major alternatives to test methods for under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37350, June 23, 2003] Subpart Z [Reserved] §§ 63.569-63.599 [Reserved] Subpart AA—National Emission Standards for Hazardous Air Pollutants from Phosphoric Acid Manufacturing Plants Source: 80 FR 50436, Aug. 19, 2015, unless otherwise noted. § 63.600 Applicability. (a) Except as provided in paragraphs (c) and (d) of this section, you are subject to the requirements of this subpart if you own or operate a phosphoric acid manufacturing plant that is a major source as defined in § 63.2. You must comply with the emission limitations, work practice standards, and operating parameter requirements specified in this subpart at all times. (b) The requirements of this subpart apply to emissions of hazardous air pollutants (HAP) emitted from the following affected sources at a phosphoric acid manufacturing plant: (1) Each wet-process phosphoric acid process line. (2) Each evaporative cooling tower. (3) Each phosphate rock dryer. (4) Each phosphate rock calciner. (5) Each superphosphoric acid process line. (6) Each purified phosphoric acid process line. (7) Each gypsum dewatering stack. (8) Each cooling pond. (c) The requirements of this subpart do not apply to a phosphoric acid manufacturing plant that is an area source as defined in § 63.2. (d) The provisions of this subpart do not apply to research and development facilities as defined in § 63.601. § 63.601 Definitions. Terms used in this subpart are defined in § 63.2 of the Clean Air Act and in this section as follows: Active gypsum dewatering stack Breakthrough Cooling pond Equivalent P 2 5 feed 2 5 Evaporative cooling tower Exceedance Existing source (1) It was constructed or reconstructed on or before August 19, 2015; or (2) It was constructed or reconstructed after August 19, 2015 and it was not required to obtain a permit by a state authority for the construction or reconstruction. Gypsum dewatering stack Gypsum dewatering stack system HAP metals New source (1) It was constructed or reconstructed after August 19, 2015; and (2) It was required to obtain a permit by a state authority for the construction or reconstruction. Oxidation reactor e.g., Phosphate rock calciner Phosphate rock dryer Phosphate rock feed Purified phosphoric acid process line Raffinate stream Research and development facility Rim ditch (cell) building technique Shutdown Startup Superphosphoric acid process line 2 5 Total fluorides Wet-process phosphoric acid process line § 63.602 Standards and compliance dates. (a) On and after the dates specified in paragraphs (a)(1) through (6) of this section, for each wet-process phosphoric acid process line, superphosphoric acid process line, phosphate rock dryer, and phosphate rock calciner, you must comply with the emission limits as specified in paragraphs (a)(1) through (6) of this section. If a process line contains more than one emission point, you must sum the emissions from all emission points in a process line to determine compliance with the specified emission limits. (1) For each existing wet-process phosphoric acid process line, superphosphoric acid process line, and phosphate rock dryer that commenced construction or reconstruction on or before December 27, 1996, you must comply with the emission limits specified in Table 1 to this subpart beginning on June 10, 2002. (2) For each existing phosphate rock calciner that commenced construction or reconstruction on or before December 27, 1996, you must comply with the emission limits as specified in paragraphs (a)(2)(i) through (iii) of this section. (i) You must comply with the total particulate emission limit specified in Table 1 to this subpart beginning on June 10, 2002. (ii) You must comply with the mercury emission limit specified in Table 1 to this subpart beginning on November 3, 2020. (iii) You must comply with the total fluorides emission limit specified in Table 1 to this subpart beginning on August 19, 2015. (3) For each new wet-process phosphoric acid process line, superphosphoric acid process line, and phosphate rock dryer that commences construction or reconstruction after December 27, 1996 and on or before August 19, 2015, you must comply with the emission limits specified in Table 2 to this subpart beginning on June 10, 1999 or at startup, whichever is later. (4) For each new wet-process phosphoric acid process line, superphosphoric acid process line, and phosphate rock dryer that commences construction or reconstruction after August 19, 2015, you must comply with the emission limits specified in Table 2 to this subpart immediately upon startup. (5) For each new phosphate rock calciner that commences construction or reconstruction after December 27, 1996 and on or before August 19, 2015, you must comply with the emission limits as specified in paragraphs (a)(5)(i) through (iii) of this section. (i) You must comply with the total particulate emission limit specified in Table 2 to this subpart beginning on June 10, 1999 or at startup, whichever is later. (ii) You must comply with the mercury emission limit specified in Table 2 to this subpart beginning on August 19, 2015, or upon startup, whichever is later. (iii) You must comply with the total fluorides emission limit specified in Table 2 to this subpart beginning on August 19, 2015, or upon startup, whichever is later. (6) For each new phosphate rock calciner that commences construction or reconstruction after August 19, 2015, you must comply with the emission limits specified in Table 2 to this subpart immediately upon startup. (b) For each existing purified phosphoric acid process line that commenced construction or reconstruction on or before December 27, 1996, you must comply with the provisions of subpart H of this part and paragraphs (b)(1) through (3) of this section beginning on June 10, 2002. For each new purified phosphoric acid process line that commences construction or reconstruction after December 27, 1996, you must comply with the provisions of subpart H of this part and paragraphs (b)(1) through (3) of this section beginning on June 10, 1999 or at startup, whichever is later. (1) Maintain a 30-day rolling average of daily concentration measurements of methyl isobutyl ketone equal to or below 20 parts per million by weight (ppmw) for each product acid stream. (2) Maintain a 30-day rolling average of daily concentration measurements of methyl isobutyl ketone equal to or below 30 ppmw for each raffinate stream. (3) Maintain the daily average temperature of the exit gas stream from the chiller stack below 50 degrees Fahrenheit. (c) Beginning on June 10, 2002, you must not introduce into an existing evaporative cooling tower that commenced construction or reconstruction on or before December 27, 1996, any liquid effluent from any absorber installed to control emissions from process equipment. Beginning on June 10, 1999 or at startup, whichever is later, you must not introduce into a new evaporative cooling tower that commences construction or reconstruction after December 27, 1996, any liquid effluent from any absorber installed to control emissions from process equipment. (d) For each gypsum dewatering stack system, you must prepare, and operate in accordance with, a gypsum dewatering stack and cooling pond management plan that contains the information specified in paragraph (e) of this section beginning on August 19, 2016. (e) The gypsum dewatering stack and cooling pond management plan must include the information specified in paragraphs (e)(1) through (3) of this section. You must submit the gypsum dewatering stack and cooling pond management plan for approval to the Administrator as specified in paragraph (e)(4) of this section. (1) Location (including latitude and longitude of centroid in decimal degrees to four decimal places) of each gypsum dewatering stack and each cooling pond in the gypsum dewatering stack system. (2) Permitted maximum footprint acreage of each gypsum dewatering stack and each cooling pond in the gypsum dewatering stack system. (3) Control measures that you use to minimize fugitive hydrogen fluoride emissions from the gypsum dewatering stack system. If you operate one or more active gypsum dewatering stacks or cooling ponds that are considered new sources as defined in § 63.601, then you must use, and include in the management plan, at least two of the control measures listed in paragraphs (e)(3)(i) through (vii) of this section for your gypsum dewatering stack system. If you only operate active gypsum dewatering stacks and cooling ponds that are considered existing sources as defined in § 63.601, then you must use, and include in the management plan, at least one of the control measures listed in paragraphs (e)(3)(i) through (vii) of this section for your gypsum dewatering stack system. (i) For at least one cooling pond that is considered part of your gypsum dewatering stack system, you may choose to submerge the discharge pipe to a level below the surface of the cooling pond. (ii) For at least one cooling pond that is considered part of your gypsum dewatering stack system, you may choose to use lime (or any other caustic substance) to raise the pH of the liquid ( e.g., (iii) For all cooling ponds that are considered part of your gypsum dewatering stack system, you may choose to reduce the total cooling pond surface area based on a facility specific evaluation plan. If you choose this control measure, then you must include in the facility specific evaluation plan certified by an independent licensed professional engineer or similarly qualified individual. You must also include in the plan the method used to reduce total cooling pond footprint, the analyses used to determine and support the reduction in the total cooling pond surface area, and the amount of total cooling pond surface area that was reduced due to the facility specific evaluation plan. (iv) For at least one gypsum dewatering stack that is considered part of your gypsum dewatering stack system, you may choose to minimize the surface area of the gypsum pond associated with the active gypsum dewatering stack by using a rim ditch (cell) building technique or other building technique. (v) For at least one gypsum dewatering stack that is considered part of your gypsum dewatering stack system, you may choose to apply slaked lime to the active gypsum dewatering stack surfaces. If you choose this control measure, then you must include in the plan the method used to determine the specific locations slaked lime is applied. The plan must also include the methods used to determine the quantity of, and when to apply, slaked lime ( e.g., (vi) For at least one gypsum dewatering stack that is considered part of your gypsum dewatering stack system, you may choose to apply soil caps and vegetation, or a synthetic cover, to a portion of side slopes of the active gypsum dewatering stack. If you choose this control measure, then you must include in the plan the method used to determine the specific locations of soil caps and vegetation, or synthetic cover; and specify the acreage and locations where soil caps and vegetation, or synthetic cover, is applied. The plan must also include a schedule describing when soil caps and vegetation, or synthetic cover, is to be applied. (vii) For all gypsum dewatering stacks that are considered part of your gypsum dewatering stack system, you may choose to establish closure requirements that at a minimum, contain requirements for the specified items in paragraphs (e)(3)(vii)(A) and (B) of this section. (A) A specific trigger mechanism for when you must begin the closure process on the gypsum dewatering stack; and (B) A requirement to install a final cover. For purposes of this paragraph, final cover means the materials used to cover the top and sides of a gypsum dewatering stack upon closure. (4) You must submit your plan for approval to the Administrator at least 6 months prior to the compliance date specified in § 63.602(d), or with the permit application for modification, construction, or reconstruction. The plan must include details on how you will implement and show compliance with the control technique(s) that you have selected to use. The Administrator will approve or disapprove your plan within 90 days after receipt of the plan. To change any of the information submitted in the plan, you must submit a revised plan 60 days before the planned change is to be implemented in order to allow time for review and approval by the Administrator before the change is implemented. (f) Beginning on August 19, 2015, during periods of startup and shutdown (as defined in § 63.601), you must comply with the work practice specified in this paragraph in lieu of the emission limits specified in paragraph (a) of this section. During periods of startup and shutdown, you must operate any control device(s) being used at the affected source, monitor the operating parameters specified in Table 3 of this subpart, and comply with the operating limits specified in Table 4 of this subpart. [80 FR 50436, Aug. 19, 2015,, as amended at 85 FR 69512, Nov. 3, 2020] §§ 63.603-63.604 [Reserved] § 63.605 Operating and monitoring requirements. (a) For each wet-process phosphoric acid process line or superphosphoric acid process line subject to the provisions of this subpart, you must comply with the monitoring requirements specified in paragraphs (a)(1) and (2) of this section. (1) Install, calibrate, maintain, and operate a continuous monitoring system (CMS) according to your site-specific monitoring plan specified in § 63.608(c). The CMS must have an accuracy of ±5 percent over its operating range and must determine and permanently record the mass flow of phosphorus-bearing material fed to the process. (2) Maintain a daily record of equivalent P 2 5 2 5 (b) For each phosphate rock dryer or phosphate rock calciner subject to the provisions of this subpart, you must comply with the monitoring requirements specified in paragraphs (b)(1) and (2) of this section. (1) Install, calibrate, maintain, and operate a CMS according to your site-specific monitoring plan specified in § 63.608(c). The CMS must have an accuracy of ±5 percent over its operating range and must determine and permanently record either: (i) The mass flow of phosphorus-bearing feed material to the phosphate rock dryer or calciner, or (ii) The mass flow of product from the phosphate rock dryer or calciner. (2) Maintain the records specified in paragraphs (b)(2)(i) and (ii) of this section. (i) If you monitor the mass flow of phosphorus-bearing feed material to the phosphate rock dryer or calciner as specified in paragraph (b)(1)(i) of this section, maintain a daily record of phosphate rock feed by determining the total mass rate in metric tons/hour of phosphorus-bearing feed. (ii) If you monitor the mass flow of product from the phosphate rock dryer or calciner as specified in paragraph (b)(1)(ii) of this section, maintain a daily record of product by determining the total mass rate in metric ton/hour of product. (c) For each purified phosphoric acid process line, you must comply with the monitoring requirements specified in paragraphs (c)(1) and (2) of this section. (1) Install, calibrate, maintain, and operate a CMS according to your site-specific monitoring plan specified in § 63.608(c). The CMS must continuously measure and permanently record the stack gas exit temperature for each chiller stack. (2) Measure and record the concentration of methyl isobutyl ketone in each product acid stream and each raffinate stream once each day. (d) If you use a control device(s) to comply with the emission limits specified in Table 1 or 2 of this subpart, you must install a continuous parameter monitoring system (CPMS) and comply with the requirements specified in paragraphs (d)(1) through (5) of this section. (1) You must monitor the operating parameter(s) applicable to the control device that you use as specified in Table 3 to this subpart and establish the applicable limit or range for the operating parameter limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as applicable. (i) Except as specified in paragraph (d)(1)(ii) of this section, determine the value(s) as the arithmetic average of operating parameter measurements recorded during the three test runs conducted for the most recent performance test. (ii) If you use an absorber or a wet electrostatic precipitator to comply with the emission limits in Table 1 or 2 to this subpart and you monitor pressure drop across the absorber or secondary voltage for a wet electrostatic precipitator, you must establish allowable ranges using the methodology specified in paragraphs (d)(1)(ii)(A) and (B) of this section. (A) The allowable range for the daily averages of the pressure drop across an absorber and of the flow rate of the absorber liquid to each absorber in the process absorbing system, or secondary voltage for a wet electrostatic precipitator, is ±20 percent of the baseline average value determined in paragraph (d)(1)(i) of this section. The Administrator retains the right to reduce the ±20 percent adjustment to the baseline average values of operating ranges in those instances where performance test results indicate that a source's level of emissions is near the value of an applicable emissions standard. However, the adjustment must not be reduced to less than ±10 percent under any instance. (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, you may establish allowable ranges for the daily averages of the pressure drop across an absorber, or secondary voltage for an electrostatic precipitator, for the purpose of assuring compliance with this subpart using the procedures described in this paragraph. You must establish the allowable ranges based on the baseline average values recorded during previous performance tests, or the results of performance tests conducted specifically for the purposes of this paragraph. You must conduct all performance tests using the methods specified in § 63.606. You must certify that the control devices and processes have not been modified since the date of the performance test from which you obtained the data used to establish the allowable ranges. When a source using the methodology of this paragraph is retested, you must determine new allowable ranges of baseline average values unless the retest indicates no change in the operating parameters outside the previously established ranges. (2) You must monitor, record, and demonstrate continuous compliance using the minimum frequencies specified in Table 4 to this subpart. (3) You must comply with the calibration and quality control requirements that are applicable to the operating parameter(s) you monitor as specified in Table 5 to this subpart. (4) If you use a non-regenerative adsorption system to achieve the mercury emission limits specified in Table 1 or 2 to this subpart, you must comply with the requirements specified in paragraph (e) of this section. (5) If you use a sorbent injection system to achieve the mercury emission limits specified in Table 1 or 2 to this subpart and you use a fabric filter to collect the associated particulate matter, the system must meet the requirements for fabric filters specified in paragraph (f) of this section. (e) If you use a non-regenerative adsorption system to achieve the mercury emission limits specified in Table 1 or 2 to this subpart, you must comply with the requirements specified in paragraphs (e)(1) through (3) of this section. (1) Determine the adsorber bed life ( i.e., (i) If the adsorber bed is expected (designed) to have a life of less than 2 years, determine the outlet concentration of mercury on a quarterly basis until breakthrough occurs for the first three adsorber bed change-outs. The adsorber bed life shall equal the average length of time between each of the three change-outs. (ii) If the adsorber bed is expected (designed) to have a life of 2 years or greater, determine the outlet concentration of mercury on a semi-annual basis until breakthrough occurs for the first two adsorber bed change-outs. The adsorber bed life must equal the average length of time between each of the two change-outs. (iii) If more than one adsorber is operated in parallel, or there are several identical operating lines controlled by adsorbers, you may determine the adsorber bed life by measuring the outlet concentration of mercury from one of the adsorbers or adsorber systems rather than determining the bed life for each adsorber. (iv) The adsorber or adsorber system you select for the adsorber bed life test must have the highest expected inlet gas mercury concentration and the highest operating rate of any adsorber in operation at the affected source. During the test to determine adsorber bed life, you must use the fuel that contains the highest level of mercury in any fuel-burning unit associated with the adsorption system being tested. (2) You must replace the sorbent in each adsorber on or before the end of the adsorbent bed life, calculated in paragraph (e)(1) of this section. (3) You must re-establish the adsorber bed life if the sorbent is replaced with a different brand or type, or if any process changes are made that would lead to a shorter bed lifetime. (f) Beginning August 19, 2016, if you use a fabric filter system to comply with the emission limits specified in Table 1 or 2 to this subpart, then the fabric filter must be equipped with a bag leak detection system that is installed, calibrated, maintained, and continuously operated according to the requirements in paragraphs (f)(1) through (10) of this section. (1) Install a bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent, or compartment ( e.g., (2) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic feet) or less. (3) Use a bag leak detection system equipped with a device to continuously record the output signal from the system sensor. (4) Use a bag leak detection system equipped with a system that will trigger an alarm when an increase in relative particulate matter emissions over a preset level is detected. The alarm must be located such that the alert is observed readily by plant operating personnel. (5) Install a bag leak detection system in each compartment or cell for positive-pressure fabric filter systems that do not duct all compartments or cells to a common stack. Install a bag leak detector downstream of the fabric filter if a negative-pressure or induced-air filter system is used. If multiple bag leak detectors are required, the system's instrumentation and alarm may be shared among detectors. (6) Calibration of the bag leak detection system must, at a minimum, consist of establishing the baseline output level by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time. (7) After initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time except as established in your site-specific monitoring plan required in § 63.608(c). In no event may the sensitivity be increased more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete inspection of the fabric filter system that demonstrates that the system is in good operating condition. (8) Operate and maintain each fabric filter and bag leak detection system such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. If the alarm sounds more than 5 percent of the operating time during a 6-month period, it is considered an operating parameter exceedance. Calculate the alarm time ( i.e., (i) If inspection of the fabric filter demonstrates that corrective action is not required, the alarm duration is not counted in the alarm time calculation. (ii) If corrective action is required, each alarm time is counted as a minimum of 1 hour. (iii) If it takes longer than 1 hour to initiate corrective action, each alarm time is counted as the actual amount of time taken to initiate corrective action. (9) If the alarm on a bag leak detection system is triggered, you must initiate procedures within 1 hour of an alarm to identify the cause of the alarm and then initiate corrective action, as specified in § 63.608(d)(2), no later than 48 hours after an alarm. Failure to take these actions within the prescribed time periods is considered a violation. (10) Retain records of any bag leak detection system alarm, including the date, time, duration, and the percent of the total operating time during each 6-month period that the alarm sounds, with a brief explanation of the cause of the alarm, the corrective action taken, and the schedule and duration of the corrective action. (g) If you choose to directly monitor mercury emissions instead of using CPMS as specified in paragraph (d) of this section, then you must install and operate a mercury CEMS in accordance with Performance Specification 12A of appendix B to part 60 of this chapter, or a sorbent trap-based integrated monitoring system in accordance with Performance Specification 12B of appendix B to part 60 of this chapter. You must continuously monitor mercury emissions as specified in paragraphs (g)(1) through (4) of this section. (1) The span value for any mercury CEMS must include the intended upper limit of the mercury concentration measurement range during normal operation, which may be exceeded during other short-term conditions lasting less than 24 consecutive operating hours. However, the span should be at least equivalent to approximately two times the emissions standard. You may round the span value to the nearest multiple of 10 micrograms per cubic meter of total mercury. (2) You must operate and maintain each mercury CEMS or sorbent trap-based integrated monitoring system according to the quality assurance requirements specified in Procedure 5 of appendix F to part 60 of this chapter. (3) You must conduct relative accuracy testing of mercury monitoring systems, as specified in Performance Specification 12A, Performance Specification 12B, or Procedure 5 of appendix B to part 60 of this chapter, at normal operating conditions. (4) If you use a mercury CEMS, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to your site-specific monitoring plan specified in § 63.608(c). [80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017] § 63.606 Performance tests and compliance provisions. (a) You must conduct an initial performance test to demonstrate compliance with the applicable emission limits specified in Tables 1 and 2 to this subpart, within 180 days of the applicable compliance date specified in § 63.602. (b) After you conduct the initial performance test specified in paragraph (a) of this section, you must conduct a performance test once per calendar year. (c) For affected sources (as defined in § 63.600) that have not operated since the previous annual performance test was conducted and more than 1 year has passed since the previous performance test, you must conduct a performance test no later than 180 days after the re-start of the affected source according to the applicable provisions in § 63.7(a)(2). (d)(1) You must conduct the performance tests specified in this section at representative (normal) conditions for the process. Representative (normal) conditions means those conditions that: (i) Represent the range of combined process and control measure conditions under which the facility expects to operate (regardless of the frequency of the conditions); and (ii) Are likely to most challenge the emissions control measures of the facility with regard to meeting the applicable emission standards, but without creating an unsafe condition. Operations during startup, shutdown, and malfunction do not constitute representative (normal) operating conditions for purposes of conducting a performance test. (2) You must record the process information that is necessary to document the operating conditions during the test and include in such record an explanation to support that such conditions represent representative (normal) conditions. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (e) In conducting all performance tests, you must use as reference methods and procedures the test methods in 40 CFR part 60, appendix A, or other methods and procedures as specified in this section, except as provided in § 63.7(f). (f) You must determine compliance with the applicable total fluorides standards specified in Tables 1 and 2 to this subpart as specified in paragraphs (f)(1) through (3) of this section. (1) Compute the emission rate (E) of total fluorides for each run using Equation AA-1: Where: E = Emission rate of total fluorides, gram/metric ton (pound/ton) of equivalent P 2 5 C i Q i N = Number of emission points associated with the affected facility. P = Equivalent P 2 5 K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound). (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to determine the total fluorides concentration (C i i (3) Compute the equivalent P 2 5 Where: P = P 2 5 M p R p 2 5 (i) Determine the mass flow rate (M p (ii) Determine the P 2 5 p (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample. (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 3 4 2 (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 3 4 2 (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 3 4 2 (E) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (F) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (G) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (g) You must demonstrate compliance with the applicable particulate matter standards specified in Tables 1 and 2 to this subpart as specified in paragraphs (g)(1) through (3) of this section. (1) Compute the emission rate (E) of particulate matter for each run using Equation AA-3: Where: E = Emission rate of particulate matter, kilogram/megagram (pound/ton) of phosphate rock feed. C = Concentration of particulate matter, gram/dry standard cubic meter (gram/dry standard cubic feet). Q = Volumetric flow rate of effluent gas, dry standard cubic meter/hour (dry standard cubic feet/hour). P = Phosphate rock feed rate, megagram/hour (ton/hour). K = Conversion factor, 1000 grams/kilogram (453.6 grams/pound). (2) Use Method 5 at 40 CFR part 60, appendix A-3 to determine the particulate matter concentration (C) and volumetric flow rate (Q) of the effluent gas. Except as specified in paragraph (h) of this section, the sampling time and sample volume for each run must be at least 60 minutes and 0.85 dry standard cubic meter (30 dry standard cubic feet). (3) Use the CMS described in § 63.605(b) to determine the phosphate rock feed rate (P) for each run. (h) To demonstrate compliance with the particulate matter standards for phosphate rock calciners specified in Tables 1 and 2 to this subpart, you must use Method 5 at 40 CFR part 60, appendix A-3 to determine the particulate matter concentration. The sampling volume for each test run must be at least 1.70 dry standard cubic meter. (i) To demonstrate compliance with the mercury emission standards for phosphate rock calciners specified in Tables 1 and 2 to this subpart, you must use Method 30B at 40 CFR part 60, appendix A-8 to determine the mercury concentration, unless you use a CEMS to demonstrate compliance. If you use a non-regenerative adsorber to control mercury emissions, you must use this test method to determine the expected bed life as specified in § 63.605(e)(1). (j) If you choose to monitor the mass flow of product from the phosphate rock dryer or calciner as specified in § 63.605(b)(1)(ii), you must either: (1) Simultaneously monitor the feed rate and output rate of the phosphate rock dryer or calciner during the performance test, or (2) Monitor the output rate and the input and output moisture contents of the phosphate rock dryer or calciner during the performance test and calculate the corresponding phosphate rock dryer or calciner input rate. (k) For sorbent injection systems, you must conduct the performance test at the outlet of the fabric filter used for sorbent collection. You must monitor and record operating parameter values for the fabric filter during the performance test. If the sorbent is replaced with a different brand or type of sorbent than was used during the performance test, you must conduct a new performance test. (l) If you use a mercury CEMS as specified in § 63.605(g), or paragraph (i) of this section, you must demonstrate initial compliance based on the first 30 operating days during which you operate the affected source using a CEMS. You must obtain hourly mercury concentration and stack gas volumetric flow rate data. (m) If you use a CMS, you must conduct a performance evaluation, as specified in § 63.8(e), in accordance with your site-specific monitoring plan in § 63.608(c). For fabric filters, you must conduct a performance evaluation of the bag leak detection system consistent with the guidance provided in Office Of Air Quality Planning And Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by reference, see § 63.14). You must record the sensitivity of the bag leak detection system to detecting changes in particulate matter emissions, range, averaging period, and alarm set points during the performance test. § 63.607 Notification, recordkeeping, and reporting requirements. (a) You must comply with the notification requirements specified in § 63.9. During the most recent performance test, if you demonstrate compliance with the emission limit while operating your control device outside the previously established operating limit, you must establish a new operating limit based on that most recent performance test and notify the Administrator that the operating limit changed based on data collected during the most recent performance test. When a source is retested and the performance test results are submitted to the Administrator pursuant to paragraph (b)(1) of this section, § 63.7(g)(1), or § 63.10(d)(2), you must indicate whether the operating limit is based on the new performance test or the previously established limit. Upon establishment of a new operating limit, you must thereafter operate under the new operating limit. If the Administrator determines that you did not conduct the compliance test in accordance with the applicable requirements or that the operating limit established during the performance test does not correspond to representative (normal) conditions, you must conduct a new performance test and establish a new operating limit. (b) You must comply with the reporting and recordkeeping requirements in § 63.10 as specified in paragraphs (b)(1) through (5) of this section. (1) You must comply with the general recordkeeping requirements in § 63.10(b)(1). (2) As required by § 63.10(d), you must report the results of the initial and subsequent performance tests as part of the notification of compliance status required in § 63.9(h). You must verify in the performance test reports that the operating limits for each process have not changed or provide documentation of revised operating limits established according to § 63.605, as applicable. In the notification of compliance status, you must also: (i) Certify to the Administrator annually that you have complied with the evaporative cooling tower requirements specified in § 63.602(c). (ii) Submit analyses and supporting documentation demonstrating conformance with the Office Of Air Quality Planning And Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by reference, see § 63.14) and specifications for bag leak detection systems as part of the notification of compliance status report. (iii) Submit the gypsum dewatering stack and cooling pond management plan specified in § 63.602(e). (iv) If you elect to demonstrate compliance by following the procedures in § 63.605(d)(1)(ii)(B), certify to the Administrator annually that the control devices and processes have not been modified since the date of the performance test from which you obtained the data used to establish the allowable ranges. (v) Each time a gypsum dewatering stack is closed, certify to the Administrator within 90 days of closure, that the final cover of the closed gypsum dewatering stack is a drought resistant vegetative cover that includes a barrier soil layer that will sustain vegetation. (3) As required by § 63.10(e)(3), you must submit an excess emissions report for any exceedance of an emission limit, work practice standard, or operating parameter limit if the total duration of the exceedances for the reporting period is 1 percent of the total operating time for the reporting period or greater. The report must contain the information specified in § 63.10 and paragraph (b)(4) of this section. When exceedances of an emission limit or operating parameter have not occurred, you must include such information in the report. You must submit the report semiannually and the report must be delivered or postmarked by the 30th day following the end of the calendar half. If you report exceedances, you must submit the excess emissions report quarterly until a request to reduce reporting frequency is approved as described in § 63.10(e)(3)(ii). (4) In the event that an affected unit fails to meet an applicable standard, record and report the following information for each failure: (i) The date, time and duration of the failure. (ii) A list of the affected sources or equipment for which a failure occurred. (iii) An estimate of the volume of each regulated pollutant emitted over any emission limit. (iv) A description of the method used to estimate the emissions. (v) A record of actions taken to minimize emissions in accordance with § 63.608(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (5) You must submit a summary report containing the information specified in § 63.10(e)(3)(vi). You must submit the summary report semiannually and the report must be delivered or postmarked by the 30th day following the end of the calendar half. (c) Your records must be in a form suitable and readily available for expeditious review. You must keep each record for 5 years following the date of each recorded action. You must keep each record on site, or accessible from a central location by computer or other means that instantly provides access at the site, for at least 2 years after the date of each recorded action. You may keep the records off site for the remaining 3 years. (d) In computing averages to determine compliance with this subpart, you must exclude the monitoring data specified in paragraphs (d)(1) and (2) of this section. (1) Periods of non-operation of the process unit; (2) Periods of no flow to a control device; and any monitoring data recorded during CEMS or continuous parameter monitoring system (CPMS) breakdowns, out-of-control periods, repairs, maintenance periods, instrument adjustments or checks to maintain precision and accuracy, calibration checks, and zero (low-level), mid-level (if applicable), and high-level adjustments. (e) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (e)(1) or (2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (f) Within 60 days after the date of completing each continuous emissions monitoring system performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedure specified in either paragraph (f)(1) or (2) of this section. (1) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit performance evaluation data in an electronic file format consistent with the XML schema listed on the EPA's ERT Web site once the XML schema is available. If you claim that some of the performance evaluation information being transmitted is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. (2) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. § 63.608 General requirements and applicability of general provisions of this part. (a) You must comply with the general provisions in subpart A of this part as specified in appendix A to this subpart. (b) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination by the Administrator of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (c) For each CMS (including CEMS or CPMS) used to demonstrate compliance with any applicable emission limit or work practice, you must develop, and submit to the Administrator for approval upon request, a site-specific monitoring plan according to the requirements specified in paragraphs (c)(1) through (3) of this section. You must submit the site-specific monitoring plan, if requested by the Administrator, at least 60 days before the initial performance evaluation of the CMS. The requirements of this paragraph also apply if a petition is made to the Administrator for alternative monitoring parameters under § 63.8(f). (1) You must include the information specified in paragraphs (c)(1)(i) through (vi) of this section in the site-specific monitoring plan. (i) Location of the CMS sampling probe or other interface. You must include a justification demonstrating that the sampling probe or other interface is at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e.g., (ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems. (iii) Performance evaluation procedures and acceptance criteria ( e.g., (iv) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1)(ii), (c)(3), (c)(4)(ii), and Table 4 to this subpart. (v) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d)(1) and (2) and Table 5 to this subpart. (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), and (e)(2)(i). (2) You must include a schedule for conducting initial and subsequent performance evaluations in the site-specific monitoring plan. (3) You must keep the site-specific monitoring plan on site for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If you revise the site-specific monitoring plan, you must keep previous ( i.e., (d) For each bag leak detection system installed to comply with the requirements specified in § 63.605(f), you must include the information specified in paragraphs (d)(1) and (2) of this section in the site-specific monitoring plan specified in paragraph (c) of this section. (1) Performance evaluation procedures and acceptance criteria ( e.g., (2) A corrective action plan describing corrective actions to be taken and the timing of those actions when the bag leak detection alarm sounds. Corrective actions may include, but are not limited to, the actions specified in paragraphs (d)(2)(i) through (vi) of this section. (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other conditions that may cause an increase in regulated material emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media or otherwise repairing the control device. (iv) Sealing off a defective fabric filter compartment. (v) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system. (vi) Shutting down the process controlled by the fabric filter. (e) If you use blower design capacity to determine the gas flow rate through the absorber for use in the liquid-to-gas ratio as specified in Table 3 to this subpart, then you must include in the site-specific monitoring plan specified in paragraph (c) of this section calculations showing how you determined the maximum possible gas flow rate through the absorber based on the blower's specifications (including any adjustments you made for pressure drop). (f) If you use a regression model to determine the gas flow rate through the absorber for use in the liquid-to-gas ratio as specified in Table 3 to this subpart, then you must include in the site-specific monitoring plan specified in paragraph (c) of this section the calculations that were used to develop the regression model, including the calculations you use to convert amperage of the blower to brake horsepower. You must describe any constants included in the equations (e.g., efficiency, power factor), and describe how these constants were determined. If you want to change a constant in your calculation, then you must conduct a regression model verification to confirm the new value of the constant. In addition, the site-specific monitoring plan must be updated annually to reflect the data used in the annual regression model verification that is described in Table 3 to this subpart. [80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017] § 63.609 [Reserved] § 63.610 Exemption from new source performance standards. Any affected source subject to the provisions of this subpart is exempted from any otherwise applicable new source performance standard contained in 40 CFR part 60, subpart T, subpart U, or subpart NN. To be exempt, a source must have a current operating permit pursuant to title V of the Clean Air Act and the source must be in compliance with all requirements of this subpart. For each affected source, this exemption is upon the date that you demonstrate to the Administrator that the requirements of §§ 63.605 and 63.606 have been met. § 63.611 Implementation and enforcement. (a) This subpart is implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable state, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a state, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a state, local, or Tribal agency. (b) The authorities specified in paragraphs (b)(1) through (5) of this section are retained by the Administrator of U.S. EPA and cannot be delegated to State, local, or Tribal agencies. (1) Approval of alternatives to the requirements in §§ 63.600, 63.602, 63.605, and 63.610. (2) Approval of requests under §§ 63.7(e)(2)(ii) and 63.7 (f) for alternative requirements or major changes to the test methods specified in this subpart, as defined in § 63.90. (3) Approval of requests under § 63.8(f) for alternative requirements or major changes to the monitoring requirements specified in this subpart, as defined in § 63.90. (4) Waiver or approval of requests under § 63.10(f) for alternative requirements or major changes to the recordkeeping and reporting requirements specified in this subpart, as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. Table 1 to Subpart AA of Part 63—Existing Source Emission Limits a b For the following existing sources . . . You must meet the emission limits for the specified pollutant . . . Total fluorides Total particulate Mercury Wet-Process Phosphoric Acid Line 0.020 lb/ton of equivalent P 2 5 Superphosphoric Acid Process Line c 0.010 lb/ton of equivalent P 2 5 Superphosphoric Acid Process Line with a Submerged Combustion Process 0.20 lb/ton of equivalent P 2 5 Phosphate Rock Dryer 0.2150 lb/ton of phosphate rock feed Phosphate Rock Calciner 9.0E-04 lb/ton of rock feed d 0.181 g/dscm 0.23 mg/dscm corrected to 3-percent oxygen e a b c d e [85 FR 69512, Nov. 3, 2020] Table 2 to Subpart AA of Part 63—New Source Emission Limits a b For the following new sources . . . You must meet the emissions limits for the specified pollutant . . . Total fluorides Total particulate Mercury Wet-Process Phosphoric Acid Line 0.0135 lb/ton of equivalent P 2 5 Superphosphoric Acid Process Line c 0.00870 lb/ton of equivalent P 2 5 Phosphate Rock Dryer 0.060 lb/ton of phosphate rock feed Phosphate Rock Calciner 9.0E-04 lb/ton of rock feed 0.092 g/dscm 0.014 mg/dscm corrected to 3 percent oxygen a b c [80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017] Table 3 to Subpart AA of Part 63—Monitoring Equipment Operating Parameters You must . . . If . . . And you must monitor . . . a And . . . a Absorbers (Wet Scrubbers) Install a continuous parameter monitoring system (CPMS) for liquid flow at the inlet of the absorber Your absorber is designed and operated with pressure drops of 5 inches of water column or more; and you choose to monitor only the influent liquid flow, rather than the liquid-to-gas ratio Influent liquid flow Install CPMS for liquid and gas flow at the inlet of the absorber b Your absorber is designed and operated with pressure drops of 5 inches of water column or less; or Liquid-to-gas ratio as determined by dividing the influent liquid flow rate by the gas flow rate through the absorber. The units of measure must be consistent with those used to calculate this ratio during the performance test You must determine the gas flow rate through the absorber by: c d Install CPMS for pressure at the gas stream inlet and outlet of the absorber Your absorber is designed and operated with pressure drops of 5 inches of water column or more Pressure drop through the absorber You may measure the pressure of the inlet gas using amperage on the blower if a correlation between pressure and amperage is established Sorbent Injection Install a CPMS for flow rate Sorbent injection rate Install a CPMS for flow rate Sorbent injection carrier gas flow rate Wet Electrostatic Precipitators Install secondary voltage meter You control mercury or metal HAP (particulate matter) using an electrostatic precipitator Secondary voltage a b c d i.e., [80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45199, Sept. 28, 2017] Table 4 to Subpart AA of Part 63—Operating Parameters, Operating Limits and Data Monitoring, Recordkeeping and Compliance Frequencies For the operating parameter applicable to you, as specified in Table 3 . . . You must establish the following operating limit . . . And you must monitor, record, and demonstrate continuous compliance using these minimum frequencies . . . Data measurement Data Data averaging period for compliance Absorbers (Wet Scrubbers) Influent liquid flow Minimum inlet liquid flow Continuous Every 15 minutes Daily. Influent liquid flow rate and gas stream flow rate Minimum influent liquid-to-gas ratio a Continuous Every 15 minutes Daily. Pressure drop Pressure drop range Continuous Every 15 minutes Daily. Sorbent Injection Sorbent injection rate Minimum injection rate Continuous Every 15 minutes Daily. Sorbent injection carrier gas flow rate Minimum carrier gas flow rate Continuous Every 15 minutes Daily. Fabric Filters Alarm time Maximum alarm time is not established on a site-specific basis but is specified in § 63.605(f)(9) Continuous Each date and time of alarm start and stop Maximum alarm time specified in § 63.605(f)(9). Wet Electrostatic Precipitator Secondary voltage Secondary voltage range Continuous Every 15 minutes Daily. a i.e., i.e., Table 5 to Subpart AA of Part 63—Calibration and Quality Control Requirements for Continuous Parameter Monitoring System (CPMS) If you monitor this parameter . . . Your accuracy requirements are . . . And your calibration requirements are . . . Temperature ±1 percent over the normal range of temperature measured or 2.8 degrees Celsius (5 degrees Fahrenheit), whichever is greater, for non-cryogenic temperature ranges Performance evaluation annually and following any period of more than 24 hours throughout which the temperature exceeded the maximum rated temperature of the sensor, or the data recorder was off scale. Flow Rate ±5 percent over the normal range of flow measured or 1.9 liters per minute (0.5 gallons per minute), whichever is greater, for liquid flow rate Performance evaluation annually and following any period of more than 24 hours throughout which the flow rate exceeded the maximum rated flow rate of the sensor, or the data recorder was off scale. Pressure ±5 percent over the normal range measured or 0.12 kilopascals (0.5 inches of water column), whichever is greater Checks for obstructions ( e.g., Sorbent Injection Rate ±5 percent over the normal range measured Performance evaluation annually. Secondary voltage ±1kV [80 FR 50436, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017] Appendix A to Subpart AA of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart AA 40 CFR citation Requirement Applies to subpart AA Comment § 63.1(a)(1) through (4) General Applicability Yes None. § 63.1(a)(5) No [Reserved]. § 63.1(a)(6) Contact information Yes None. § 63.1(a)(7)-(9) No [Reserved]. § 63.1(a)(10) through (12) Time periods Yes None. § 63.1(b) Initial Applicability Determination Yes None. § 63.1(c)(1) Applicability After Standard Established Yes None. § 63.1(c)(2) Permits Yes Some plants may be area sources. § 63.1(c)(3)-(4) No [Reserved]. § 63.1(c)(5) Area to Major source change Yes None. § 63.1(c)(6) Yes None. § 63.1(d) No [Reserved]. § 63.1(e) Applicability of Permit Program Yes None. § 63.2 Definitions Yes Additional definitions in § 63.601. § 63.3 Units and Abbreviations Yes None. § 63.4(a)(1) and (2) Prohibited Activities Yes None. § 63.4(a)(3) through (5) No [Reserved]. § 63.4(b) and (c) Circumvention/Fragmentation Yes None. § 63.5(a) Construction/Reconstruction Applicability Yes None. § 63.5(b)(1) Existing, New, Reconstructed Sources Requirements Yes None. § 63.5(b)(2) No [Reserved]. § 63.5(b)(3), (4), and (6) Construction/Reconstruction approval and notification Yes None. § 63.5(b)(5) No [Reserved]. § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction/Reconstruction Yes None. § 63.5(e) Approval of Construction/Reconstruction Yes None. § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes None. § 63.6(a) Compliance with Standards and Maintenance Applicability Yes None. § 63.6(b)(1) through (5) New and Reconstructed Sources Dates Yes See also § 63.602. § 63.6(b)(6) No [Reserved]. § 63.6(b)(7) Area to major source change Yes None. § 63.6(c)(1)and (2) Existing Sources Dates Yes § 63.602 specifies dates. § 63.6(c)(3) and (4) No [Reserved]. § 63.6(c)(5) Area to major source change Yes None. § 63.6(d) No [Reserved]. § 63.6(e)(1)(i) and (ii) Operation & Maintenance Requirements No See § 63.608(b) for general duty requirement. § 63.6(e)(iii) Yes None. § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan No None. § 63.6(f) Compliance with Emission Standards No See general duty at § 63.608(b). § 63.6(g) Alternative Standard Yes None. § 63.6(h) Compliance with Opacity/VE Standards No Subpart AA does not include VE/opacity standards. § 63.6(i)(1) through (14) Extension of Compliance Yes None. § 63.6(i)(15) No [Reserved]. § 63.6(i)(16) Yes None. § 63.6(j) Exemption from Compliance Yes None. § 63.7(a) Performance Test Requirements Applicability Yes None. § 63.7(b) Notification Yes None. § 63.7(c) Quality Assurance/Test Plan Yes None. § 63.7(d) Testing Facilities Yes None. § 63.7(e)(1) Conduct of Tests; startup, shutdown, and malfunction provisions No § 63.606 specifies additional requirements. § 63.7(e)(2) through (4) Conduct of Tests Yes § 63.606 specifies additional requirements. § 63.7(f) Alternative Test Method Yes None. § 63.7(g) Data Analysis Yes None. § 63.7(h) Waiver of Tests Yes None. § 63.8(a) Monitoring Requirements Applicability Yes None. § 63.8(b) Conduct of Monitoring Yes None. § 63.8(c)(1)(i) General duty to minimize emissions and CMS operation No See 63.608(b) for general duty requirement. § 63.8(c)(1)(ii) Yes None. § 63.8(c)(1)(iii) Requirement to develop SSM Plan for CMS No None. § 63.8(c)(2) through (4) CMS Operation/Maintenance Yes None. § 63.8(c)(5) COMS Operation No Subpart AA does not require COMS. § 63.8(c)(6) through (8) CMS requirements Yes None. § 63.8(d)(1) and (2) Quality Control Yes None. § 63.8(d)(3) Written procedure for CMS No See § 63.608 for requirement. § 63.8(e) CMS Performance Evaluation Yes None. § 63.8(f)(1) through (5) Alternative Monitoring Method Yes None. § 63.8(f)(6) Alternative to RATA Test Yes None. § 63.8(g)(1) Data Reduction Yes None. § 63.8(g)(2) Yes None. § 63.8(g)(3) through (5) Yes None. § 63.9(a) Notification Requirements Applicability Yes None. § 63.9(b) Initial Notifications Yes None. § 63.9(c) Request for Compliance Extension Yes None. § 63.9(d) New Source Notification for Special Compliance Requirements Yes None. § 63.9(e) Notification of Performance Test Yes None. § 63.9(f) Notification of VE/Opacity Test No Subpart AA does not include VE/opacity standards. § 63.9(g) Additional CMS Notifications Yes Subpart AA does not require CMS performance evaluation, COMS, or CEMS. § 63.9(h)(1) through (3) Notification of Compliance Status Yes None. § 63.9(h)(4) No [Reserved]. § 63.9(h)(5) and (6) Yes None. § 63.9(i) Adjustment of Deadlines Yes None. § 63.9(j) Change in Previous Information Yes None. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting-Applicability Yes None. § 63.10(b)(1) General Recordkeeping Requirements Yes None. § 63.10(b)(2)(i) Startup or shutdown duration No None. § 63.10(b)(2)(ii) Malfunction No See § 63.607 for recordkeeping and reporting requirement. § 63.10(b)(2)(iii) Maintenance records Yes None. § 63.10(b)(2)(iv) and (v) Startup, shutdown, malfunction actions No None. § 63.10(b)(2)(vi) through (xiv) General Recordkeeping Requirements Yes None. § 63.10(b)(3) General Recordkeeping Requirements Yes None. § 63.10(c)(1) Additional CMS Recordkeeping Yes None. § 63.10(c)(2) through (4) No [Reserved]. § 63.10(c)(5) Yes None. § 63.10(c)(6) Yes None. § 63.10(c)(7) and (8) Yes None. § 63.10(c)(9) No [Reserved]. § 63.10(c)(10) through (13) Yes None. § 63.10(c)(14) Yes None. § 63.10(c)(15) Startup Shutdown Malfunction Plan Provisions No None. § 63.10(d)(1) General Reporting Requirements Yes None. § 63.10(d)(2) Performance Test Results Yes None. § 63.10(d)(3) Opacity or VE Observations No Subpart AA does not include VE/opacity standards. § 63.10(d)(4) Progress Reports Yes None. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports No See § 63.607 for reporting of excess emissions. § 63.10(e)(1) and (2) Additional CMS Reports Yes None. § 63.10(e)(3) Excess Emissions/CMS Performance Reports Yes None. § 63.10(e)(4) COMS Data Reports No Subpart AA does not require COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes None. § 63.11 Control Device and Work Practice Requirements Yes None. § 63.12 State Authority and Delegations Yes None. § 63.13 Addresses Yes None. § 63.14 Incorporation by Reference Yes None. § 63.15 Information Availability/Confidentiality Yes None. § 63.16 Performance Track Provisions No Terminated. [80 FR 50436, Aug. 19, 2015, as amended at 85 FR 73892, Nov. 19, 2020] Subpart BB—National Emission Standards for Hazardous Air Pollutants from Phosphate Fertilizers Production Plants Source: 80 FR 50450, Aug. 19, 2015, unless otherwise noted. § 63.620 Applicability. (a) Except as provided in paragraphs (c) and (d) of this section, you are subject to the requirements of this subpart if you own or operate a phosphate fertilizer production plant that is a major source as defined in § 63.2. You must comply with the emission limitations, work practice standards, and operating parameter requirements specified in this subpart at all times. (b) The requirements of this subpart apply to emissions of hazardous air pollutants (HAP) emitted from the following affected sources at a phosphate fertilizer production plant: (1) Each phosphate fertilizer process line ( e.g., (2) Each granular triple superphosphate process line. (3) Each granular triple superphosphate storage building. (4) Evaporative cooling tower. (c) The requirements of this subpart do not apply to a phosphate fertilizer production plant that is an area source as defined in § 63.2. (d) The provisions of this subpart do not apply to research and development facilities as defined in § 63.621. § 63.621 Definitions. Terms used in this subpart are defined in § 63.2 of the Clean Air Act and in this section as follows: Diammonium and/or monoammonium phosphate process line Equivalent P 2 5 feed 2 5 Equivalent P 2 5 stored Evaporative cooling tower Exceedance Existing source e.g., Fresh granular triple superphosphate Granular triple superphosphate process line Granular triple superphosphate storage building New source e.g., Phosphate fertilizer process line Phosphate fertilizer production plant Research and development facility Shutdown Startup Total fluorides § 63.622 Standards and compliance dates. (a) On and after the dates specified in paragraphs (a)(1) through (3) of this section, for each phosphate fertilizer process line ( e.g., (1) For each existing phosphate fertilizer process line ( e.g., (2) For each new phosphate fertilizer process line ( e.g., (3) For each new phosphate fertilizer process line ( e.g., (b) Beginning on June 10, 2002, you must not ship fresh granular triple superphosphate from your existing granular triple superphosphate storage building that commenced construction or reconstruction on or before December 27, 1996. Beginning on June 10, 1999 or at startup, whichever is later, you must not ship fresh granular triple superphosphate from your new granular triple superphosphate storage building that commences construction or reconstruction after December 27, 1996. (c) Beginning on August 19, 2015, you must not introduce into any evaporative cooling tower any liquid effluent from any absorber installed to control emissions from process equipment. (d) Beginning on August 19, 2015, during periods of startup and shutdown (as defined in § 63.621), you must comply with the work practice specified in this paragraph in lieu of the emission limits specified in paragraph (a) of this section. During periods of startup and shutdown, you must operate any control device(s) being used at the affected source, monitor the operating parameters specified in Table 3 of this subpart, and comply with the operating limits specified in Table 4 of this subpart. § 63.624 [Reserved] § 63.625 Operating and monitoring requirements. (a) For each phosphate fertilizer process line ( e.g., (1) Install, calibrate, maintain, and operate a continuous monitoring system (CMS) according to your site-specific monitoring plan specified in § 63.628(c). The CMS must have an accuracy of ±5 percent over its operating range and must determine and permanently record the mass flow of phosphorus-bearing material fed to the process. (2) Maintain a daily record of equivalent P 2 5 2 5 (b) For each granular triple superphosphate storage building subject to the provisions of this subpart, you must maintain an accurate record of the mass of granular triple superphosphate in storage to permit the determination of the amount of equivalent P 2 5 (c) For each granular triple superphosphate storage building subject to the provisions of this subpart, you must comply with the requirements specified in paragraphs (c)(1) and (2) of this section. (1) Maintain a daily record of total equivalent P 2 5 2 5 (2) Develop for approval by the Administrator a site-specific methodology including sufficient recordkeeping for the purposes of demonstrating compliance with § 63.622(b). (d) If you use a control device(s) to comply with the emission limits specified in Table 1 or 2 of this subpart, you must install a continuous parameter monitoring system (CPMS) and comply with the requirements specified in paragraphs (d)(1) through (4) of this section. (1) You must monitor the operating parameter(s) applicable to the control device that you use as specified in Table 3 to this subpart and establish the applicable limit or range for the operating parameter limit as specified in paragraphs (d)(1)(i) and (ii) of this section, as applicable. (i) Except as specified in paragraph (d)(1)(ii) of this section, determine the value(s) as the arithmetic average of operating parameter measurements recorded during the three test runs conducted for the most recent performance test. (ii) If you use an absorber to comply with the emission limits in Table 1 or 2 to this subpart and you monitor pressure drop across the absorber, you must establish allowable ranges using the methodology specified in paragraphs (d)(1)(ii)(A) and (B) of this section. (A) The allowable range for the daily averages of the pressure drop across an absorber and of the flow rate of the absorber liquid to each absorber in the process absorbing system, or secondary voltage for a wet electrostatic precipitator, is ±20 percent of the baseline average value determined in paragraph (d)(1)(i) of this section. The Administrator retains the right to reduce the ±20 percent adjustment to the baseline average values of operating ranges in those instances where performance test results indicate that a source's level of emissions is near the value of an applicable emissions standard. However, the adjustment must not be reduced to less than ±10 percent under any instance. (B) As an alternative to paragraph (d)(1)(ii)(A) of this section, you may establish allowable ranges for the daily averages of the pressure drop across an absorber for the purpose of assuring compliance with this subpart using the procedures described in this paragraph. You must establish the allowable ranges based on the baseline average values recorded during previous performance tests or the results of performance tests conducted specifically for the purposes of this paragraph. You must conduct all performance tests using the methods specified in § 63.626. You must certify that the control devices and processes have not been modified since the date of the performance test from which you obtained the data used to establish the allowable ranges. When a source using the methodology of this paragraph is retested, you must determine new allowable ranges of baseline average values unless the retest indicates no change in the operating parameters outside the previously established ranges. (2) You must monitor, record, and demonstrate continuous compliance using the minimum frequencies specified in Table 4 to this subpart. (3) You must comply with the calibration and quality control requirements that are applicable to the operating parameter(s) you monitor as specified in Table 5 to this subpart. (4) If you use a fabric filter system to comply with the emission limits specified in Table 1 or 2 to this subpart, the system must meet the requirements for fabric filters specified in paragraph (e) of this section. (e) Beginning August 19, 2016, if you use a fabric filter system to comply with the emission limits specified in Table 1 or 2 to this subpart, then the fabric filter must be equipped with a bag leak detection system that is installed, calibrated, maintained and continuously operated according to the requirements in paragraphs (e)(1) through (10) of this section. (1) Install a bag leak detection sensor(s) in a position(s) that will be representative of the relative or absolute particulate matter loadings for each exhaust stack, roof vent, or compartment ( e.g., (2) Use a bag leak detection system certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 1 milligram per actual cubic meter (0.00044 grains per actual cubic feet) or less. (3) Use a bag leak detection system equipped with a device to continuously record the output signal from the system sensor. (4) Use a bag leak detection system equipped with a system that will trigger an alarm when an increase in relative particulate material emissions over a preset level is detected. The alarm must be located such that the alert is observed readily by plant operating personnel. (5) Install a bag leak detection system in each compartment or cell for positive-pressure fabric filter systems that do not duct all compartments or cells to a common stack. Install a bag leak detector downstream of the fabric filter if a negative-pressure or induced-air filter is used. If multiple bag leak detectors are required, the system's instrumentation and alarm may be shared among detectors. (6) Calibration of the bag leak detection system must, at a minimum, consist of establishing the baseline output level by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time. (7) After initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points or alarm delay time, except as established in your site-specific monitoring plan required in § 63.628(c). In no event may the sensitivity be increased more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete inspection of the fabric filter system that demonstrates that the system is in good operating condition. (8) Operate and maintain each fabric filter and bag leak detection system such that the alarm does not sound more than 5 percent of the operating time during a 6-month period. If the alarm sounds more than 5 percent of the operating time during a 6-month period, it is considered an operating parameter exceedance. Calculate the alarm time ( i.e., (i) If inspection of the fabric filter demonstrates that corrective action is not required, the alarm duration is not counted in the alarm time calculation. (ii) If corrective action is required, each alarm time is counted as a minimum of 1 hour. (iii) If it takes longer than 1 hour to initiate corrective action, each alarm time ( i.e., (9) If the alarm on a bag leak detection system is triggered, you must initiate procedures within 1 hour of an alarm to identify the cause of the alarm and then initiate corrective action, as specified in § 63.628(d)(2), no later than 48 hours after an alarm. Failure to take these actions within the prescribed time periods is considered a violation. (10) Retain records of any bag leak detection system alarm, including the date, time, duration, and the percent of the total operating time during each 6-month period that the alarm triggers, with a brief explanation of the cause of the alarm, the corrective action taken, and the schedule and duration of the corrective action. [80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017] § 63.626 Performance tests and compliance provisions. (a) You must conduct an initial performance test to demonstrate compliance with the emission limits specified in Tables 1 and 2 to this subpart, within 180 days of the applicable compliance date specified in § 63.622. (b) After you conduct the initial performance test specified in paragraph (a) of this section, you must conduct a performance test once per calendar year. (c) For affected sources (as defined in § 63.620) that have not operated since the previous annual performance test was conducted and more than 1 year has passed since the previous performance test, you must conduct a performance test no later than 180 days after the re-start of the affected source according to the applicable provisions in § 63.7(a)(2). (d)(1) You must conduct the performance tests specified in this section at representative (normal) conditions for the process. Representative (normal) conditions means those conditions that: (i) Represent the range of combined process and control measure conditions under which the facility expects to operate (regardless of the frequency of the conditions); and (ii) Are likely to most challenge the emissions control measures of the facility with regard to meeting the applicable emission standards, but without creating an unsafe condition. (2) Operations during startup, shutdown, and malfunction do not constitute representative (normal) operating conditions for purposes of conducting a performance test. You must record the process information that is necessary to document the operating conditions during the test and include in such record an explanation to support that such conditions represent representative (normal) conditions. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (e) In conducting all performance tests, you must use as reference methods and procedures the test methods in 40 CFR part 60, appendix A, or other methods and procedures as specified in this section, except as provided in § 63.7(f). (f) For each phosphate fertilizer process line ( e.g., (1) Compute the emission rate (E) of total fluorides for each run using Equation BB-1: Where: E = Emission rate of total fluorides, gram/metric ton (pound/ton) of equivalent P 2 5 Ci = Concentration of total fluorides from emission point “i,” milligram/dry standard cubic meter (milligram/dry standard cubic feet). Qi = Volumetric flow rate of effluent gas from emission point “i,” dry standard cubic meter/hour (dry standard cubic feet/hour). N = Number of emission points associated with the affected facility. P = Equivalent P 2 5 K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound). (2) You must use Method 13A or 13B (40 CFR part 60, appendix A) to determine the total fluorides concentration (C i i (3) Compute the equivalent P 2 5 Where: P = P 2 5 M p R p 2 5 (i) Determine the mass flow rate (M p (ii) Determine the P 2 5 p (A) Section IX, Methods of Analysis for Phosphate Rock, No. 1 Preparation of Sample. (B) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 3 4 2 (C) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 3 4 2 (D) Section IX, Methods of Analysis for Phosphate Rock, No. 3 Phosphorus-P 2 5 4 2 (E) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (F) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (G) Section XI, Methods of Analysis for Phosphoric Acid, Superphosphate, Triple Superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (g) For each granular triple superphosphate storage building, you must determine compliance with the applicable total fluorides standards specified in Tables 1 and 2 to this subpart as specified in paragraphs (g)(1) through (7) of this section. (1) You must conduct performance tests only when the following quantities of product are being cured or stored in the facility: (i) Total granular triple superphosphate is at least 10 percent of the building capacity, and (ii) Fresh granular triple superphosphate is at least six percent of the total amount of granular triple superphosphate, or (iii) If the provision in paragraph (g)(1)(ii) of this section exceeds production capabilities for fresh granular triple superphosphate, the fresh granular triple superphosphate is equal to at least 5 days maximum production. (2) Compute the emission rate (E) of total fluorides for each run using Equation BB-3: Where: E = Emission rate of total fluorides, gram/hour/metric ton (pound/hour/ton) of equivalent P 2 5 C i Q i N = Number of emission points in the affected facility. P = Equivalent P 2 5 K = Conversion factor, 1000 milligram/gram (453,600 milligram/pound). (3) You must use Method 13A or 13B (40 CFR part 60, appendix A) to determine the total fluorides concentration (C i i (4) Compute the equivalent P 2 5 Where: P = P 2 5 M p R p 2 5 (5) Determine the amount of product (M p (6) Determine the P 2 5 p (i) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (ii) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (iii) Section XI, Methods of Analysis For Phosphoric Acid, Superphosphate, Triple superphosphate, and Ammonium Phosphates, No. 3 Total Phosphorus-P 2 5 (7) Determine the P 2 5 p (i) AOAC Official Method 957.02 Phosphorus (Total) In Fertilizers, Preparation of Sample Solution. (ii) AOAC Official Method 929.01 Sampling of Solid Fertilizers. (iii) AOAC Official Method 929.02 Preparation of Fertilizer Sample. (iv) AOAC Official Method 978.01 Phosphorus (Total) in Fertilizers, Automated Method. (v) AOAC Official Method 969.02 Phosphorus (Total) in Fertilizers, Alkalimetric Quinolinium Molybdophosphate Method. (vi) AOAC Official Method 962.02 Phosphorus (Total) in Fertilizers, Gravimetric Quinolinium Molybdophosphate Method. (vii) AOAC Official Method 958.01 Phosphorus (Total) in Fertilizers, Spectrophotometric Molybdovanadophosphate Method. (h) If you use a CMS, you must conduct a performance evaluation, as specified in § 63.8(e), in accordance with your site-specific monitoring plan in § 63.628(c). For fabric filters, you must conduct a performance evaluation of the bag leak detection system consistent with the guidance provided in Office Of Air Quality Planning And Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by reference, see § 63.14). You must record the sensitivity of the bag leak detection system to detecting changes in particulate matter emissions, range, averaging period, and alarm set points during the performance test. § 63.627 Notification, recordkeeping, and reporting requirements. (a) You must comply with the notification requirements specified in § 63.9. During the most recent performance test, if you demonstrate compliance with the emission limit while operating your control device outside the previously established operating limit, you must establish a new operating limit based on that most recent performance test and notify the Administrator that the operating limit changed based on data collected during the most recent performance test. When a source is retested and the performance test results are submitted to the Administrator pursuant to paragraph (b)(1) of this section, § 63.7(g)(1), or § 63.10(d)(2), you must indicate whether the operating limit is based on the new performance test or the previously established limit. Upon establishment of a new operating limit, you must thereafter operate under the new operating limit. If the Administrator determines that you did not conduct the compliance test in accordance with the applicable requirements or that the operating limit established during the performance test does not correspond to representative (normal) conditions, you must conduct a new performance test and establish a new operating limit. (b) You must comply with the reporting and recordkeeping requirements in § 63.10 as specified in paragraphs (b)(1) through (5) of this section. (1) You must comply with the general recordkeeping requirements in § 63.10(b)(1); and (2) As required by § 63.10(d), you must report the results of the initial and subsequent performance tests as part of the notification of compliance status required in § 63.9(h). You must verify in the performance test reports that the operating limits for each process have not changed or provide documentation of revised operating limits established according to § 63.625, as applicable. In the notification of compliance status, you must also: (i) Certify to the Administrator that you have not shipped fresh granular triple superphosphate from an affected facility. (ii) Certify to the Administrator annually that you have complied with the evaporative cooling tower requirements specified in § 63.622(c). (iii) Submit analyses and supporting documentation demonstrating conformance with the Office Of Air Quality Planning And Standards (OAQPS), Fabric Filter Bag Leak Detection Guidance (incorporated by reference, see § 63.14) and specifications for bag leak detection systems as part of the notification of compliance status report. (iv) If you elect to demonstrate compliance by following the procedures in § 63.625(d)(1)(ii)(B), certify to the Administrator annually that the control devices and processes have not been modified since the date of the performance test from which you obtained the data used to establish the allowable ranges. (3) As required by § 63.10(e)(1), you must submit an excess emissions report for any exceedance of an emission or operating parameter limit if the total duration of the exceedances for the reporting period is 1 percent of the total operating time for the reporting period or greater. The report must contain the information specified in § 63.10 and paragraph (b)(4) of this section. When exceedances of an emission limit or operating parameter have not occurred, you must include such information in the report. You must submit the report semiannually and the report must be delivered or postmarked by the 30th day following the end of the calendar half. If exceedances are reported, you must submit the excess emissions report quarterly until a request to reduce reporting frequency is approved as described in § 63.10(e)(3). (4) In the event that an affected unit fails to meet an applicable standard, record and report the following information for each failure: (i) The date, time and duration of the failure. (ii) A list of the affected sources or equipment for which a failure occurred. (iii) An estimate of the volume of each regulated pollutant emitted over any emission limit. (iv) A description of the method used to estimate the emissions. (v) A record of actions taken to minimize emissions in accordance with § 63.628(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (5) You must submit a summary report containing the information specified in § 63.10(e)(3)(vi). You must submit the summary report semiannually and the report must be delivered or postmarked by the 30th day following the end of the calendar half. (c) Your records must be in a form suitable and readily available for expeditious review. You must keep each record for 5 years following the date of each recorded action. You must keep each record on site, or accessible from a central location by computer or other means that instantly provide access at the site, for at least 2 years after the date of each recorded action. You may keep the records off site for the remaining 3 years. (d) In computing averages to determine compliance with this subpart, you must exclude the monitoring data specified in paragraphs (d)(1) through (3) of this section. (1) Periods of non-operation of the process unit; (2) Periods of no flow to a control device; and (3) Any monitoring data recorded during continuous parameter monitoring system (CPMS) breakdowns, out-of-control periods, repairs, maintenance periods, instrument adjustments or checks to maintain precision and accuracy, calibration checks, and zero (low-level), mid-level (if applicable), and high-level adjustments. (e) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (e)(1) or (2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. § 63.628 General requirements and applicability of general provisions of this part. (a) You must comply with the general provisions in subpart A of this part as specified in appendix A to this subpart. (b) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination by the Administrator of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (c) For each CMS used to demonstrate compliance with any applicable emission limit, you must develop, and submit to the Administrator for approval upon request, a site-specific monitoring plan according to the requirements specified in paragraphs (c)(1) through (3) of this section. You must submit the site-specific monitoring plan, if requested by the Administrator, at least 60 days before the initial performance evaluation of the CMS. The requirements of this paragraph also apply if a petition is made to the Administrator for alternative monitoring parameters under § 63.8(f). (1) You must include the information specified in paragraphs (c)(1)(i) through (vi) of this section in the site-specific monitoring plan. (i) Location of the CMS sampling probe or other interface. You must include a justification demonstrating that the sampling probe or other interface is at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e.g., (ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems. (iii) Performance evaluation procedures and acceptance criteria ( e.g., (iv) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1)(ii), (c)(3), (c)(4)(ii), and Table 4 to this subpart. (v) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d)(1) and (2) and Table 5 to this subpart. (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), (e)(2)(i). (2) You must include a schedule for conducting initial and subsequent performance evaluations in the site-specific monitoring plan. (3) You must keep the site-specific monitoring plan on site for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If you revise the site-specific monitoring plan, you must keep previous ( i.e., (d) For each bag leak detection system installed to comply with the requirements specified in § 63.625(e), you must include the information specified in paragraphs (d)(1) and (2) of this section in the site-specific monitoring plan specified in paragraph (c) of this section. (1) Performance evaluation procedures and acceptance criteria ( e.g., (2) A corrective action plan describing corrective actions to be taken and the timing of those actions when the bag leak detection alarm sounds. Corrective actions may include, but are not limited to, the actions specified in paragraphs (d)(2)(i) through (vi) of this section. (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other conditions that may cause an increase in regulated material emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media or otherwise repairing the control device. (iv) Sealing off a defective fabric filter compartment. (v) Cleaning the bag leak detection system probe or otherwise repairing the bag leak detection system. (vi) Shutting down the process controlled by the fabric filter. (e) If you use blower design capacity to determine the gas flow rate through the absorber for use in the liquid-to-gas ratio as specified in Table 3 to this subpart, then you must include in the site-specific monitoring plan specified in paragraph (c) of this section calculations showing how you determined the maximum possible gas flow rate through the absorber based on the blower's specifications (including any adjustments you made for pressure drop). (f) If you use a regression model to determine the gas flow rate through the absorber for use in the liquid-to-gas ratio as specified in Table 3 to this subpart, then you must include in the site-specific monitoring plan specified in paragraph (c) of this section the calculations that were used to develop the regression model, including the calculations you use to convert amperage of the blower to brake horsepower. You must describe any constants included in the equations (e.g., efficiency, power factor), and describe how these constants were determined. If you want to change a constant in your calculation, then you must conduct a regression model verification to confirm the new value of the constant. In addition, the site-specific monitoring plan must be updated annually to reflect the data used in the annual regression model verification that is described in Table 3 to this subpart. [80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017] § 63.629 Miscellaneous requirements. The Administrator retains the authority to approve site-specific test plans for uncontrolled granular triple superphosphate storage buildings developed pursuant to § 63.7(c)(2)(i). § 63.630 [Reserved] § 63.631 Exemption from new source performance standards. Any affected source subject to the provisions of this subpart is exempted from any otherwise applicable new source performance standard contained in 40 CFR part 60, subpart V, subpart W, or subpart X. To be exempt, a source must have a current operating permit pursuant to title V of the Clean Air Act and the source must be in compliance with all requirements of this subpart. For each affected source, this exemption is upon the date that you demonstrate to the Administrator that the requirements of §§ 63.625 and 63.626 have been met. § 63.632 Implementation and enforcement. (a) This subpart is implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable state, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a state, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a state, local, or Tribal agency. (b) The authorities specified in paragraphs (b)(1) through (5) of this section are retained by the Administrator of U.S. EPA and cannot be delegated to State, local, or Tribal agencies. (1) Approval of alternatives to the requirements in §§ 63.620, 63.622, 63.625, 63.629, and 63.631. (2) Approval of requests under §§ 63.7(e)(2)(ii) and 63.7 (f) for alternative requirements or major changes to the test methods specified in this subpart, as defined in § 63.90. (3) Approval of requests under § 63.8(f) for alternative requirements or major changes to the monitoring requirements specified in this subpart, as defined in § 63.90. (4) Waiver or approval of requests under § 63.10(f) for alternative requirements or major changes to the recordkeeping and reporting requirements specified in this subpart, as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. Table 1 to Subpart BB of Part 63—Existing Source Emission Limits a b For the following existing sources . . . You must meet the emission limits for the specified pollutant . . . Total fluorides Phosphate Fertilizer Process Line ( e.g., 0.060 lb/ton of equivalent P 2 5 Granular Triple Superphosphate Process Line 0.150 lb/ton of equivalent P 2 5 GTSP storage building 5.0 × 10 −4 2 5 a b Table 2 to Subpart BB of Part 63—New Source Emission Limits a b For the following new sources . . . You must meet the emission limits for the specified pollutant . . . Total fluorides Phosphate Fertilizer Process Line ( e.g., 0.0580 lb/ton of equivalent P 2 5 Granular Triple Superphosphate Process Line 0.1230 lb/ton of equivalent P 2 5 GTSP storage building 5.0 × 10 −4 2 5 a b Table 3 to Subpart BB of Part 63—Monitoring Equipment Operating Parameters You must . . . If . . . And you must monitor . . . a And . . . a Absorbers (Wet Scrubbers) Install a continuous parameter monitoring system (CPMS) for liquid flow at the inlet of the absorber. Your absorber is designed and operated with pressure drops of 5 inches of water column or more; and you choose to monitor only the influent liquid flow, rather than the liquid-to-gas ratio Influent liquid flow. Install CPMS for liquid and gas flow at the inlet of the absorber b Your absorber is designed and operated with pressure drops of 5 inches of water column or less; or Liquid-to-gas ratio as determined by dividing the influent liquid flow rate by the gas flow rate through the absorber. The units of measure must be consistent with those used to calculate this ratio during the performance test You must determine the gas flow rate through the absorber by: c d Install CPMS for pressure at the gas stream inlet and outlet of the absorber Your absorber is designed and operated with pressure drops of 5 inches of water column or more Pressure drop through the absorber You may measure the pressure of the inlet gas using amperage on the blower if a correlation between pressure and amperage is established. a b c d i.e., [80 FR 50450, Aug. 19, 2015, as amended at 82 FR 45200, Sept. 28, 2017] Table 4 to Subpart BB of Part 63—Operating Parameters, Operating Limits and Data Monitoring, Recordkeeping and Compliance Frequencies For the operating parameter applicable to you, as specified in Table 3 . . . You must establish the following operating limit during your performance test . . . And you must monitor, record, and demonstrate continuous compliance using these minimum frequencies . . . Data measurement Data recording Data averaging Absorbers (Wet Scrubbers) Influent liquid flow Minimum inlet liquid flow Continuous Every 15 minutes Daily. Influent liquid flow rate and gas stream flow rate Minimum influent liquid-to-gas ratio a Continuous Every 15 minutes Daily. For the operating parameter applicable to you, as specified in Table 3 You must establish the following operating limit And you must monitor, record, and demonstrate continuous compliance using these minimum frequencies . . . Data measurement Data recording Data averaging Pressure drop Pressure drop range Continuous Every 15 minutes Daily. Sorbent Injection Sorbent injection rate Minimum injection rate Continuous Every 15 minutes Daily. Sorbent injection carrier gas flow rate Minimum carrier gas flow rate Continuous Every 15 minutes Daily. Fabric Filters Alarm time Maximum alarm time is not established on a site-specific basis but is specified in § 63.605(f)(9) Continuous Each date and time of alarm start and stop Maximum alarm time specified in § 63.605(f)(9). Wet Electrostatic Precipitator Secondary voltage Secondary voltage range Continuous Every 15 minutes Daily. [82 FR 45201, Sept. 28, 2017] Table 5 to Subpart BB of Part 63—Calibration and Quality Control Requirements for Continuous Parameter Monitoring Systems (CPMS) If you monitor this parameter . . . Your accuracy requirements are . . . And your calibration requirements are . . . Flow Rate ±5 percent over the normal range of flow measured or 1.9 liters per minute (0.5 gallons per minute), whichever is greater, for liquid flow rate. Performance evaluation annually and following any period of more than 24 hours throughout which the flow rate exceeded the maximum rated flow rate of the sensor, or the data recorder was off scale. Checks of all mechanical connections for leakage monthly. Visual inspections and checks of CPMS operation every 3 months, unless the CPMS has a redundant flow sensor. Pressure ±5 percent over the normal range measured or 0.12 kilopascals (0.5 inches of water column), whichever is greater. Checks for obstructions ( e.g., Appendix A to Subpart BB of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart BB 40 CFR citation Requirement Applies to subpart BB Comment § 63.1(a)(1) through (4) General Applicability Yes None. § 63.1(a)(5) No [Reserved]. § 63.1(a)(6) Contact information Yes None. § 63.1(a)(7) through (9) No [Reserved]. § 63.1(a)(10) through (12) Time periods Yes None. § 63.1(b) Initial Applicability Determination Yes None. § 63.1(c)(1) Applicability After Standard Established Yes None. § 63.1(c)(2) Permits Yes Some plants may be area sources. § 63.1(c)(3) through (4) No [Reserved]. § 63.1(c)(5) Area to Major source change Yes None. § 63.1(c)(6) Yes None. § 63.1(d) No [Reserved]. § 63.1(e) Applicability of Permit Program Yes None. § 63.2 Definitions Yes Additional definitions in § 63.621. § 63.3 Units and Abbreviations Yes None. § 63.4(a)(1) and (2) Prohibited Activities Yes None. § 63.4(a)(3) through (5) No [Reserved]. § 63.4(b) and (c) Circumvention/Fragmentation Yes None. § 63.5(a) Construction/Reconstruction Applicability Yes None. § 63.5(b)(1) Existing, New, Reconstructed Sources Requirements Yes None. § 63.5(b)(2) No [Reserved]. § 63.5(b)(3), (4), and (6) Construction/Reconstruction approval and notification Yes None. § 63.5(b)(5) No [Reserved]. § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction/Reconstruction Yes None. § 63.5(e) Approval of Construction/Reconstruction Yes None. § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes None. § 63.6(a) Compliance with Standards and Maintenance Applicability Yes None. § 63.6(b)(1) through (5) New and Reconstructed Sources Dates Yes See also § 63.622. § 63.6(b)(6) No [Reserved]. § 63.6(b)(7) Area to major source change Yes None. § 63.6(c)(1) and (2) Existing Sources Dates Yes § 63.622 specifies dates. § 63.6(c)(3) and (4) No [Reserved]. § 63.6(c)(5) Area to major source change Yes None. § 63.6(d) No [Reserved]. § 63.6(e)(1)(i) and (ii) Operation & Maintenance Requirements No See § 63.628(b) for general duty requirement. § 63.6(e)(iii) Yes None. § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan No None. § 63.6(f) Compliance with Emission Standards No See general duty at § 63.628(b). § 63.6(g) Alternative Standard Yes None. § 63.6(h) Compliance with Opacity/VE Standards No Subpart BB does not include VE/opacity standards. § 63.6(i)(1) through (14) Extension of Compliance Yes None. § 63.6(i)(15) No [Reserved]. § 63.6(i)(16) Yes None. § 63.6(j) Exemption from Compliance Yes None. § 63.7(a) Performance Test Requirements Applicability Yes None. § 63.7(b) Notification Yes None. § 63.7(c) Quality Assurance/Test Plan Yes None. § 63.7(d) Testing Facilities Yes None. § 63.7(e)(1) Conduct of Tests; startup, shutdown and malfunction provisions No § 63.626 specifies additional requirements. § 63.7(e)(2) through (4) Conduct of Tests Yes § 63.626 specifies additional requirements. § 63.7(f) Alternative Test Method Yes None. § 63.7(g) Data Analysis Yes None. § 63.7(h) Waiver of Tests Yes None. § 63.8(a) Monitoring Requirements Applicability Yes None. § 63.8(b) Conduct of Monitoring Yes None. § 63.8(c)(1)(i) General duty to minimize emissions and CMS operation No See § 63.628(b) for general duty requirement. § 63.8(c)(1)(ii) Yes None. § 63.8(c)(1)(iii) Requirement to develop SSM Plan for CMS No None. § 63.8(c)(2) through (4) CMS Operation/Maintenance Yes None. § 63.8(c)(5) COMS Operation No Subpart BB does not require COMS. § 63.8(c)(6) through (8) CMS requirements Yes None. § 63.8(d)(1) and (2) Quality Control Yes None. § 63.8(d)(3) Written procedure for CMS No See § 63.628 for requirement. § 63.8(e) CMS Performance Evaluation Yes None. § 63.8(f)(1) through (5) Alternative Monitoring Method Yes None. § 63.8(f)(6) Alternative to RATA Test No Subpart BB does not require CEMS. § 63.8(g)(1) Data Reduction Yes None. § 63.8(g)(2) No Subpart BB does not require COMS or CEMS. § 63.8(g)(3) through (5) Yes None. § 63.9(a) Notification Requirements Applicability Yes None. § 63.9(b) Initial Notifications Yes None. § 63.9(c) Request for Compliance Extension Yes None. § 63.9(d) New Source Notification for Special Compliance Requirements Yes None. § 63.9(e) Notification of Performance Test Yes None. § 63.9(f) Notification of VE/Opacity Test No Subpart BB does not include VE/opacity standards. § 63.9(g) Additional CMS Notifications Yes None. § 63.9(h)(1) through (3) Notification of Compliance Status Yes None. § 63.9(h)(4) No [Reserved]. § 63.9(h)(5) and (6) Yes None. § 63.9(i) Adjustment of Deadlines Yes None. § 63.9(j) Change in Previous Information Yes None. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting-Applicability Yes None. § 63.10(b)(1) General Recordkeeping Requirements Yes None. § 63.10(b)(2)(i) Startup or shutdown duration No None. § 63.10(b)(2)(ii) Malfunction No See § 63.627 for recordkeeping and reporting requirement. § 63.10(b)(2)(iii) Maintenance records Yes None. § 63.10(b)(2)(iv) and (v) Startup, shutdown, malfunction actions No None. § 63.10(b)(2)(vi) through (xiv) General Recordkeeping Requirements Yes None. § 63.10(b)(3) General Recordkeeping Requirements Yes None. § 63.10(c)(1) Additional CMS Recordkeeping Yes None. § 63.10(c)(2) through (4) No [Reserved]. § 63.10(c)(5) Yes None. § 63.10(c)(6) Yes None. § 63.10(c)(7) and (8) Yes None. § 63.10(c)(9) No [Reserved]. § 63.10(c)(10) through (13) Yes None. § 63.10(c)(14) Yes None. § 63.10(c)(15) Startup Shutdown Malfunction Plan Provisions No None. § 63.10(d)(1) General Reporting Requirements Yes None. § 63.10(d)(2) Performance Test Results Yes None. § 63.10(d)(3) Opacity or VE Observations No Subpart BB does not include VE/opacity standards. § 63.10(d)(4) Progress Reports Yes None. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports No See § 63.627 for reporting of excess emissions. § 63.10(e)(1) and (2) Additional CMS Reports Yes None. § 63.10(e)(3) Excess Emissions/CMS Performance Reports Yes None. § 63.10(e)(4) COMS Data Reports No Subpart BB does not require COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes None. § 63.11 Control Device and Work Practice Requirements Yes None. § 63.12 State Authority and Delegations Yes None. § 63.13 Addresses Yes None. § 63.14 Incorporation by Reference Yes None. § 63.15 Information Availability/Confidentiality Yes None. § 63.16 Performance Track Provisions No Terminated. [80 FR 50450, Aug. 19, 2015, as amended at 85 FR 73892, Nov. 19, 2020] Subpart CC—National Emission Standards for Hazardous Air Pollutants From Petroleum Refineries Source: 60 FR 43260, Aug. 18, 1995, unless otherwise noted. § 63.640 Applicability and designation of affected source. (a) This subpart applies to petroleum refining process units and to related emissions points that are specified in paragraphs (c)(1) through (9) of this section that are located at a plant site and that meet the criteria in paragraphs (a)(1) and (2) of this section: (1) Are located at a plant site that is a major source as defined in section 112(a) of the Clean Air Act; and (2) Emit or have equipment containing or contacting one or more of the hazardous air pollutants listed in table 1 of this subpart. (b)(1) If the predominant use of the flexible operation unit, as described in paragraphs (b)(1)(i) and (ii) of this section, is as a petroleum refining process unit, as defined in § 63.641, then the flexible operation unit shall be subject to the provisions of this subpart. (i) Except as provided in paragraph (b)(1)(ii) of this section, the predominant use of the flexible operation unit shall be the use representing the greatest annual operating time. (ii) If the flexible operation unit is used as a petroleum refining process unit and for another purpose equally based on operating time, then the predominant use of the flexible operation unit shall be the use that produces the greatest annual production on a mass basis. (2) The determination of applicability of this subpart to petroleum refining process units that are designed and operated as flexible operation units shall be reported as specified in § 63.655(h)(6)(i). (c) For the purposes of this subpart, the affected source shall comprise all emissions points, in combination, listed in paragraphs (c)(1) through (9) of this section that are located at a single refinery plant site. (1) All miscellaneous process vents from petroleum refining process units meeting the criteria in paragraph (a) of this section; (2) All storage vessels associated with petroleum refining process units meeting the criteria in paragraph (a) of this section; (3) All wastewater streams and treatment operations associated with petroleum refining process units meeting the criteria in paragraph (a) of this section; (4) All equipment leaks from petroleum refining process units meeting the criteria in paragraph (a) of this section; (5) All gasoline loading racks classified under Standard Industrial Classification code 2911 meeting the criteria in paragraph (a) of this section; (6) All marine vessel loading operations located at a petroleum refinery meeting the criteria in paragraph (a) of this section and the applicability criteria of subpart Y, § 63.560; (7) All storage vessels and equipment leaks associated with a bulk gasoline terminal or pipeline breakout station classified under Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery meeting the criteria in paragraph (a) of this section; and (8) All heat exchange systems, as defined in this subpart. (9) All releases associated with the decoking operations of a delayed coking unit, as defined in this subpart. (d) The affected source subject to this subpart does not include the emission points listed in paragraphs (d)(1) through (d)(5) of this section. (1) Stormwater from segregated stormwater sewers; (2) Spills; (3) Any pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, valve, or instrumentation system that is intended to operate in organic hazardous air pollutant service, as defined in § 63.641 of this subpart, for less than 300 hours during the calendar year; (4) Catalytic cracking unit and catalytic reformer catalyst regeneration vents, and sulfur plant vents; and (5) Emission points routed to a fuel gas system, as defined in § 63.641, provided that on and after January 30, 2019, any flares receiving gas from that fuel gas system are subject to § 63.670. No other testing, monitoring, recordkeeping, or reporting is required for refinery fuel gas systems or emission points routed to refinery fuel gas systems. (e) The owner or operator of a storage vessel constructed on or before August 18, 1994, shall follow the procedures specified in paragraphs (e)(1) and (e)(2) of this section to determine whether a storage vessel is part of a source to which this subpart applies. The owner or operator of a storage vessel constructed after August 18, 1994, shall follow the procedures specified in paragraphs (e)(1), (e)(2)(i), and (e)(2)(ii) of this section to determine whether a storage vessel is part of a source to which this subpart applies. (1) Where a storage vessel is used exclusively by a process unit, the storage vessel shall be considered part of that process unit. (i) If the process unit is a petroleum refining process unit subject to this subpart, then the storage vessel is part of the affected source to which this subpart applies. (ii) If the process unit is not subject to this subpart, then the storage vessel is not part of the affected source to which this subpart applies. (2) If a storage vessel is not dedicated to a single process unit, then the applicability of this subpart shall be determined according to the provisions in paragraphs (e)(2)(i) through (e)(2)(iii) of this section. (i) If a storage vessel is shared among process units and one of the process units has the predominant use, as determined by paragraphs (e)(2)(i)(A) and (e)(2)(i)(B) of this section, then the storage vessel is part of that process unit. (A) If the greatest input on a volume basis into the storage vessel is from a process unit that is located on the same plant site, then that process unit has the predominant use. (B) If the greatest input on a volume basis into the storage vessel is provided from a process unit that is not located on the same plant site, then the predominant use shall be the process unit that receives the greatest amount of material on a volume basis from the storage vessel at the same plant site. (ii) If a storage vessel is shared among process units so that there is no single predominant use, and at least one of those process units is a petroleum refining process unit subject to this subpart, the storage vessel shall be considered to be part of the petroleum refining process unit that is subject to this subpart. If more than one petroleum refining process unit is subject to this subpart, the owner or operator may assign the storage vessel to any of the petroleum refining process units subject to this subpart. (iii) If the predominant use of a storage vessel varies from year to year, then the applicability of this subpart shall be determined based on the utilization of that storage vessel during the year preceding August 18, 1995. This determination shall be reported as specified in § 63.655(h)(6)(ii). (f) The owner or operator of a distillation unit constructed on or before August 18, 1994, shall follow the procedures specified in paragraphs (f)(1) through (f)(4) of this section to determine whether a miscellaneous process vent from a distillation unit is part of a source to which this subpart applies. The owner or operator of a distillation unit constructed after August 18, 1994, shall follow the procedures specified in paragraphs (f)(1) through (f)(5) of this section to determine whether a miscellaneous process vent from a distillation unit is part of a source to which this subpart applies. (1) If the greatest input to the distillation unit is from a process unit located on the same plant site, then the distillation unit shall be assigned to that process unit. (2) If the greatest input to the distillation unit is provided from a process unit that is not located on the same plant site, then the distillation unit shall be assigned to the process unit located at the same plant site that receives the greatest amount of material from the distillation unit. (3) If a distillation unit is shared among process units so that there is no single predominant use, as described in paragraphs (f)(1) and (f)(2) of this section, and at least one of those process units is a petroleum refining process unit subject to this subpart, the distillation unit shall be assigned to the petroleum refining process unit that is subject to this subpart. If more than one petroleum refining process unit is subject to this subpart, the owner or operator may assign the distillation unit to any of the petroleum refining process units subject to this rule. (4) If the process unit to which the distillation unit is assigned is a petroleum refining process unit subject to this subpart and the vent stream contains greater than 20 parts per million by volume total organic hazardous air pollutants, then the vent from the distillation unit is considered a miscellaneous process vent (as defined in § 63.641 of this subpart) and is part of the source to which this subpart applies. (5) If the predominant use of a distillation unit varies from year to year, then the applicability of this subpart shall be determined based on the utilization of that distillation unit during the year preceding August 18, 1995. This determination shall be reported as specified in § 63.655(h)(6)(iii). (g) The provisions of this subpart do not apply to the processes specified in paragraphs (g)(1) through (g)(7) of this section. (1) Research and development facilities, regardless of whether the facilities are located at the same plant site as a petroleum refining process unit that is subject to the provisions of this subpart; (2) Equipment that does not contain any of the hazardous air pollutants listed in table 1 of this subpart that is located within a petroleum refining process unit that is subject to this subpart; (3) Units processing natural gas liquids; (4) Units that are used specifically for recycling discarded oil; (5) Shale oil extraction units; (6) Ethylene processes; and (7) Process units and emission points subject to subparts F, G, H, and I of this part. (h) Sources subject to this subpart are required to achieve compliance on or before the dates specified in table 11 of this subpart, except as provided in paragraphs (h)(1) through (3) of this section. (1) Marine tank vessels at existing sources shall be in compliance with this subpart, except for §§ 63.657 through 63.660, no later than August 18, 1999, unless the vessels are included in an emissions average to generate emission credits. Marine tank vessels used to generate credits in an emissions average shall be in compliance with this subpart no later than August 18, 1998, unless an extension has been granted by the Administrator as provided in § 63.6(i). (2) Existing Group 1 floating roof storage vessels meeting the applicability criteria in item 1 of the definition of Group 1 storage vessel shall be in compliance with § 63.646 at the first degassing and cleaning activity after August 18, 1998, or August 18, 2005, whichever is first. (3) An owner or operator may elect to comply with the provisions of § 63.648(c) through (i) as an alternative to the provisions of § 63.648(a) and (b). In such cases, the owner or operator shall comply no later than the dates specified in paragraphs (h)(3)(i) through (iii) of this section. (i) Phase I (see table 2 of this subpart), beginning on August 18, 1998; (ii) Phase II (see table 2 of this subpart), beginning no later than August 18, 1999; and (iii) Phase III (see table 2 of this subpart), beginning no later than February 18, 2001. (i) If an additional petroleum refining process unit is added to a plant site that is a major source as defined in section 112(a) of the Clean Air Act, the addition shall be subject to the requirements for a new source if it meets the criteria specified in paragraphs (i)(1) through (i)(3) of this section: (1) It is an addition that meets the definition of construction in § 63.2 of subpart A of this part; (2) Such construction commenced after July 14, 1994; and (3) The addition has the potential to emit 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants. (j) If any change is made to a petroleum refining process unit subject to this subpart, the change shall be subject to the requirements for a new source if it meets the criteria specified in paragraphs (j)(1) and (j)(2) of this section: (1) It is a change that meets the definition of reconstruction in § 63.2 of subpart A of this part; and (2) Such reconstruction commenced after July 14, 1994. (k) If an additional petroleum refining process unit is added to a plant site or a change is made to a petroleum refining process unit and the addition or change is determined to be subject to the new source requirements according to paragraphs (i) or (j) of this section it must comply with the requirements specified in paragraphs (k)(1) and (k)(2) of this section: (1) The reconstructed source, addition, or change shall be in compliance with the new source requirements in item (1), (2), or (3) of table 11 of this subpart, as applicable, upon initial startup of the reconstructed source or by August 18, 1995, whichever is later; and (2) The owner or operator of the reconstructed source, addition, or change shall comply with the reporting and recordkeeping requirements that are applicable to new sources. The applicable reports include, but are not limited to: (i) The application for approval of construction or reconstruction shall be submitted as soon as practical before the construction or reconstruction is planned to commence (but it need not be sooner than November 16, 1995); (ii) The Notification of Compliance Status report as required by § 63.655(f) for a new source, addition, or change; (iii) Periodic Reports and other reports as required by § 63.655(g) and (h); (iv) Reports and notifications required by § 60.487 of subpart VV of part 60 or § 63.182 of subpart H of this part. The requirements for subpart H are summarized in table 3 of this subpart; (v) Reports required by 40 CFR 61.357 of subpart FF; (vi) Reports and notifications required by § 63.428(b), (c), (g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements are summarized in table 4 of this subpart; and (vii) Reports and notifications required by §§ 63.565 and 63.567 of subpart Y of this part. These requirements are summarized in table 5 of this subpart. (l) If an additional petroleum refining process unit is added to a plant site or if a miscellaneous process vent, storage vessel, gasoline loading rack, marine tank vessel loading operation, heat exchange system, or decoking operation that meets the criteria in paragraphs (c)(1) through (9) of this section is added to an existing petroleum refinery or if another deliberate operational process change creating an additional Group 1 emissions point(s) (as defined in § 63.641) is made to an existing petroleum refining process unit, and if the addition or process change is not subject to the new source requirements as determined according to paragraph (i) or (j) of this section, the requirements in paragraphs (l)(1) through (4) of this section shall apply. Examples of process changes include, but are not limited to, changes in production capacity, or feed or raw material where the change requires construction or physical alteration of the existing equipment or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph (l) and paragraph (m) of this section, process changes do not include: Process upsets, unintentional temporary process changes, and changes that are within the equipment configuration and operating conditions documented in the Notification of Compliance Status report required by § 63.655(f). (1) The added emission point(s) and any emission point(s) within the added or changed petroleum refining process unit are subject to the requirements for an existing source. (2) The added emission point(s) and any emission point(s) within the added or changed petroleum refining process unit shall be in compliance with the applicable requirements in item (4) of table 11 of this subpart by the dates specified in paragraph (l)(2)(i) or (ii) of this section. (i) If a petroleum refining process unit is added to a plant site or an emission point(s) is added to any existing petroleum refining process unit, the added emission point(s) shall be in compliance upon initial startup of any added petroleum refining process unit or emission point(s) or by the applicable compliance date in item (4) of table 11 of this subpart, whichever is later. (ii) If a deliberate operational process change to an existing petroleum refining process unit causes a Group 2 emission point to become a Group 1 emission point (as defined in § 63.641), the owner or operator shall be in compliance upon initial startup or by August 18, 1998, whichever is later, unless the owner or operator demonstrates to the Administrator that achieving compliance will take longer than making the change. If this demonstration is made to the Administrator's satisfaction, the owner or operator shall follow the procedures in paragraphs (m)(1) through (m)(3) of this section to establish a compliance date. (3) The owner or operator of a petroleum refining process unit or of a storage vessel, miscellaneous process vent, wastewater stream, gasoline loading rack, marine tank vessel loading operation, heat exchange system, or decoking operation meeting the criteria in paragraphs (c)(1) through (9) of this section that is added to a plant site and is subject to the requirements for existing sources shall comply with the reporting and recordkeeping requirements that are applicable to existing sources including, but not limited to, the reports listed in paragraphs (l)(3)(i) through (vii) of this section. A process change to an existing petroleum refining process unit shall be subject to the reporting requirements for existing sources including, but not limited to, the reports listed in paragraphs (l)(3)(i) through (vii) of this section. The applicable reports include, but are not limited to: (i) The Notification of Compliance Status report as required by § 63.655(f) for the emission points that were added or changed; (ii) Periodic Reports and other reports as required by § 63.655(g) and (h); (iii) Reports and notifications required by sections of subpart A of this part that are applicable to this subpart, as identified in table 6 of this subpart. (iv) Reports and notifications required by § 63.182, or 40 CFR 60.487. The requirements of subpart H of this part are summarized in table 3 of this subpart; (v) Reports required by § 61.357 of subpart FF; (vi) Reports and notifications required by § 63.428(b), (c), (g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements are summarized in table 4 of this subpart; and (vii) Reports and notifications required by §§ 63.565 and 63.567 of subpart Y. These requirements are summarized in table 5 of this subpart. (4) If pumps, compressors, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, or instrumentation systems are added to an existing source, they are subject to the equipment leak standards for existing sources in § 63.648. A notification of compliance status report shall not be required for such added equipment. (m) If a change that does not meet the criteria in paragraph (l) of this section is made to a petroleum refining process unit subject to this subpart, and the change causes a Group 2 emission point to become a Group 1 emission point (as defined in § 63.641), then the owner or operator shall comply with the applicable requirements of this subpart for existing sources, as specified in item (4) of table 11 of this subpart, for the Group 1 emission point as expeditiously as practicable, but in no event later than 3 years after the emission point becomes Group 1. (1) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. (2) The compliance schedule shall be submitted within 180 days after the change is made, unless the compliance schedule has been previously submitted to the permitting authority. If it is not possible to determine until after the change is implemented whether the emission point has become Group 1, the compliance schedule shall be submitted within 180 days of the date when the affect of the change is known to the source. The compliance schedule may be submitted in the next Periodic Report if the change is made after the date the Notification of Compliance Status report is due. (3) The Administrator shall approve or deny the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. Approval is automatic if not received from the Administrator within 120 calendar days of receipt. (n) Overlap of this subpart with other regulations for storage vessels. As applicable, paragraphs (n)(1), (3), (4), (6), and (7) of this section apply for Group 2 storage vessels and paragraphs (n)(2) and (5) of this section apply for Group 1 storage vessels. (1) After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is subject to the provisions of 40 CFR part 60, subpart Kb, is required to comply only with the requirements of 40 CFR part 60, subpart Kb, except as provided in paragraph (n)(8) of this section. After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is subject to the provisions of 40 CFR part 61, subpart Y, is required to comply only with the requirements of 40 CFR part 61, subpart Y, except as provided in paragraph (n)(10) of this section. (2) After the compliance dates specified in paragraph (h) of this section, a Group 1 storage vessel that is also subject to 40 CFR part 60, subpart Kb, is required to comply only with either 40 CFR part 60, subpart Kb, except as provided in paragraph (n)(8) of this section or this subpart. After the compliance dates specified in paragraph (h) of this section, a Group 1 storage vessel that is also subject to 40 CFR part 61, subpart Y, is required to comply only with either 40 CFR part 61, subpart Y, except as provided in paragraph (n)(10) of this section or this subpart. (3) After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is part of a new source and is subject to 40 CFR 60.110b, but is not required to apply controls by 40 CFR 60.110b or 60.112b, is required to comply only with this subpart. (4) After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is part of a new source and is subject to 40 CFR 61.270, but is not required to apply controls by 40 CFR 61.271, is required to comply only with this subpart. (5) After the compliance dates specified in paragraph (h) of this section, a Group 1 storage vessel that is also subject to the provisions of 40 CFR part 60, subpart K or Ka, is required to only comply with the provisions of this subpart. (6) After compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is subject to the control requirements of 40 CFR part 60, subparts K or Ka is required to comply only with the provisions of 40 CFR part 60, subparts K or Ka except as provided for in paragraph (n)(9) of this section. (7) After the compliance dates specified in paragraph (h) of this section, a Group 2 storage vessel that is subject to 40 CFR part 60, subparts K or Ka, but not to the control requirements of 40 CFR part 60, subparts K or Ka, is required to comply only with this subpart. (8) Storage vessels described by paragraph (n)(1) of this section are to comply with 40 CFR part 60, subpart Kb, except as provided in paragraphs (n)(8)(i) through (vi) of this section. Storage vessels described by paragraph (n)(2) electing to comply with part 60, subpart Kb of this chapter shall comply with subpart Kb except as provided in paragraphs (n)(8)(i) through (viii) of this section. (i) Storage vessels that are to comply with § 60.112b(a)(2) of subpart Kb are exempt from the secondary seal requirements of § 60.112b(a)(2)(i)(B) during the gap measurements for the primary seal required by § 60.113b(b) of subpart Kb. (ii) If the owner or operator determines that it is unsafe to perform the seal gap measurements required in § 60.113b(b) of this chapter or to inspect the vessel to determine compliance with § 60.113b(a) of this chapter because the roof appears to be structurally unsound and poses an imminent danger to inspecting personnel, the owner or operator shall comply with the requirements in either § 63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date specified in paragraph (h) of this section for compliance with § 63.660, as applicable) or either § 63.1063(c)(2)(iv)(A) or (B) of subpart WW. (iii) If a failure is detected during the inspections required by § 60.113b(a)(2) or during the seal gap measurements required by § 60.113b(b)(1), and the vessel cannot be repaired within 45 days and the vessel cannot be emptied within 45 days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. The owner or operator is not required to provide a request for the extension to the Administrator. (iv) If an extension is utilized in accordance with paragraph (n)(8)(iii) of this section, the owner or operator shall, in the next periodic report, identify the vessel, provide the information listed in § 60.113b(a)(2) or § 60.113b(b)(4)(iii), and describe the nature and date of the repair made or provide the date the storage vessel was emptied. (v) Owners and operators of storage vessels complying with subpart Kb of part 60 may submit the inspection reports required by §§ 60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb as part of the periodic reports required by this subpart, rather than within the 30-day period specified in §§ 60.115b(a)(3), (a)(4), and (b)(4) of subpart Kb. (vi) The reports of rim seal inspections specified in § 60.115b(b)(2) are not required if none of the measured gaps or calculated gap areas exceed the limitations specified in § 60.113b(b)(4). Documentation of the inspections shall be recorded as specified in § 60.115b(b)(3). (vii) To be in compliance with § 60.112b(a)(1)(iv) or (a)(2)(ii) of this chapter, guidepoles in floating roof storage vessels must be equipped with covers and/or controls ( e.g., (viii) If a flare is used as a control device for a storage vessel, on and after January 30, 2019, the owner or operator must meet the requirements of § 63.670 instead of the requirements referenced from part 60, subpart Kb of this chapter for that flare. (9) Storage vessels described by paragraph (n)(6) of this section that are to comply with 40 CFR part 60, subpart Ka, are to comply with only subpart Ka except as provided for in paragraphs (n)(9)(i) through (n)(9)(iv) of this section. (i) If the owner or operator determines that it is unsafe to perform the seal gap measurements required in § 60.113a(a)(1) of this chapter because the floating roof appears to be structurally unsound and poses an imminent danger to inspecting personnel, the owner or operator shall comply with the requirements in either § 63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date specified in paragraph (h) of this section for compliance with § 63.660, as applicable) or either § 63.1063(c)(2)(iv)(A) or (B) of subpart WW. (ii) If a failure is detected during the seal gap measurements required by § 60.113a(a)(1) of subpart Ka, and the vessel cannot be repaired within 45 days and the vessel cannot be emptied within 45 days, the owner or operator may utilize up to 2 extensions of up to 30 additional calendar days each. (iii) If an extension is utilized in accordance with paragraph (n)(9)(ii) of this section, the owner or operator shall, in the next periodic report, identify the vessel, describe the nature and date of the repair made or provide the date the storage vessel was emptied. The owner or operator shall also provide documentation of the decision to utilize an extension including a description of the failure, documentation that alternate storage capacity is unavailable, and a schedule of actions that will ensure that the control equipment will be repaired or the vessel emptied as soon as possible. (iv) Owners and operators of storage vessels complying with subpart Ka of part 60 may submit the inspection reports required by § 60.113a(a)(1)(i)(E) of subpart Ka as part of the periodic reports required by this subpart, rather than within the 60-day period specified in § 60.113a(a)(1)(i)(E) of subpart Ka. (10) Storage vessels described by paragraph (n)(1) of this section are to comply with 40 CFR part 61, subpart Y, except as provided in paragraphs (n)(10)(i) through (vi) of this section. Storage vessels described by paragraph (n)(2) electing to comply with 40 CFR part 61, subpart Y, shall comply with subpart Y except as provided for in paragraphs (n)(10)(i) through (viii) of this section. (i) Storage vessels that are to comply with § 61.271(b) of this chapter are exempt from the secondary seal requirements of § 61.271(b)(2)(ii) of this chapter during the gap measurements for the primary seal required by § 61.272(b) of this chapter. (ii) If the owner or operator determines that it is unsafe to perform the seal gap measurements required in § 61.272(b) of this chapter or to inspect the vessel to determine compliance with § 61.272(a) of this chapter because the roof appears to be structurally unsound and poses an imminent danger to inspecting personnel, the owner or operator shall comply with the requirements in either § 63.120(b)(7)(i) or (ii) of subpart G (only up to the compliance date specified in paragraph (h) of this section for compliance with § 63.660, as applicable) or either § 63.1063(c)(2)(iv)(A) or (B) of subpart WW. (iii) If a failure is detected during the inspections required by § 61.272(a)(2) of this chapter or during the seal gap measurements required by § 61.272(b)(1) of this chapter, and the vessel cannot be repaired within 45 days and the vessel cannot be emptied within 45 days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. The owner or operator is not required to provide a request for the extension to the Administrator. (iv) If an extension is utilized in accordance with paragraph (n)(10)(iii) of this section, the owner or operator shall, in the next periodic report, identify the vessel, provide the information listed in § 61.272(a)(2) or (b)(4)(iii) of this chapter, and describe the nature and date of the repair made or provide the date the storage vessel was emptied. (v) Owners and operators of storage vessels complying with 40 CFR part 61, subpart Y, may submit the inspection reports required by § 61.275(a), (b)(1), and (d) of this chapter as part of the periodic reports required by this subpart, rather than within the 60-day period specified in § 61.275(a), (b)(1), and (d) of this chapter. (vi) The reports of rim seal inspections specified in § 61.275(d) of this chapter are not required if none of the measured gaps or calculated gap areas exceed the limitations specified in § 61.272(b)(4) of this chapter. Documentation of the inspections shall be recorded as specified in § 61.276(a) of this chapter. (vii) To be in compliance with § 61.271(a)(6) or (b)(3) of this chapter, guidepoles in floating roof storage vessels must be equipped with covers and/or controls ( e.g., (viii) If a flare is used as a control device for a storage vessel, on and after January 30, 2019, the owner or operator must meet the requirements of § 63.670 instead of the requirements referenced from part 61, subpart Y of this chapter for that flare. (o) Overlap of this subpart CC with other regulations for wastewater. (1) After the compliance dates specified in paragraph (h) of this section a Group 1 wastewater stream managed in a piece of equipment that is also subject to the provisions of 40 CFR part 60, subpart QQQ is required to comply only with this subpart. (2) After the compliance dates specified in paragraph (h) of this section a Group 1 or Group 2 wastewater stream that is conveyed, stored, or treated in a wastewater stream management unit that also receives streams subject to the provisions of §§ 63.133 through 63.147 of subpart G wastewater provisions of this part shall comply as specified in paragraph (o)(2)(i) or (o)(2)(ii) of this section. Compliance with the provisions of paragraph (o)(2) of this section shall constitute compliance with the requirements of this subpart for that wastewater stream. (i) Comply with paragraphs (o)(2)(i)(A) through (D) of this section. (A) The provisions in §§ 63.133 through 63.140 of subpart G for all equipment used in the storage and conveyance of the Group 1 or Group 2 wastewater stream. (B) The provisions in both 40 CFR part 61, subpart FF and in §§ 63.138 and 63.139 of subpart G for the treatment and control of the Group 1 or Group 2 wastewater stream. (C) The provisions in §§ 63.143 through 63.148 of subpart G for monitoring and inspections of equipment and for recordkeeping and reporting requirements. The owner or operator is not required to comply with the monitoring, recordkeeping, and reporting requirements associated with the treatment and control requirements in 40 CFR part 61, subpart FF, §§ 61.355 through 61.357. (D) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of 40 CFR part 61, subpart FF, and subpart G of this part, or the requirements of § 63.670. (ii) Comply with paragraphs (o)(2)(ii)(A) through (C) of this section. (A) Comply with the provisions of §§ 63.133 through 63.148 and §§ 63.151 and 63.152 of subpart G. (B) For any Group 2 wastewater stream or organic stream whose benzene emissions are subject to control through the use of one or more treatment processes or waste management units under the provisions of 40 CFR part 61, subpart FF on or after December 31, 1992, comply with the requirements of § 63.133 through § 63.147 of subpart G for Group 1 wastewater streams. (C) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of 40 CFR part 61, subpart FF, and subpart G of this part, or the requirements of § 63.670. (p) Overlap of subpart CC with other regulations for equipment leaks. (1) After the compliance dates specified in paragraph (h) of this section, equipment leaks that are also subject to the provisions of 40 CFR parts 60 and 61 standards promulgated before September 4, 2007, are required to comply only with the provisions specified in this subpart. (2) Equipment leaks that are also subject to the provisions of 40 CFR part 60, subpart GGGa, are required to comply only with the provisions specified in 40 CFR part 60, subpart GGGa, except that pressure relief devices in organic HAP service must only comply with the requirements in § 63.648(j). (q) For overlap of subpart CC with local or State regulations, the permitting authority for the affected source may allow consolidation of the monitoring, recordkeeping, and reporting requirements under this subpart with the monitoring, recordkeeping, and reporting requirements under other applicable requirements in 40 CFR parts 60, 61, or 63, and in any 40 CFR part 52 approved State implementation plan provided the implementation plan allows for approval of alternative monitoring, reporting, or recordkeeping requirements and provided that the permit contains an equivalent degree of compliance and control. (r) Overlap of subpart CC with other regulations for gasoline loading racks. After the compliance dates specified in paragraph (h) of this section, a Group 1 gasoline loading rack that is part of a source subject to subpart CC and also is subject to the provisions of 40 CFR part 60, subpart XX is required to comply only with this subpart. (s) Overlap of this subpart with other regulation for flares. On January 30, 2019, flares that are subject to the provisions of 40 CFR 60.18 or 63.11 and subject to this subpart are required to comply only with the provisions specified in this subpart. Prior to January 30, 2019, flares that are subject to the provisions of 40 CFR 60.18 or 63.11 and elect to comply with the requirements in §§ 63.670 and 63.671 are required to comply only with the provisions specified in this subpart. [60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 FR 29878, June 12, 1996; 63 FR 44140, Aug. 18, 1998; 66 FR 28841, May 25, 2001; 74 FR 55683, Oct. 28, 2009; 78 FR 37145, June 20, 2013; 80 FR 75237, Dec. 1, 2015; 85 FR 6082, Feb. 4, 2020] § 63.641 Definitions. All terms used in this subpart shall have the meaning given them in the Clean Air Act, subpart A of this part, and in this section. If the same term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart. Affected source Aliphatic Annual average true vapor pressure (1) In accordance with methods specified in § 63.111 of subpart G of this part; (2) From standard reference texts; or (3) By any other method approved by the Administrator. Assist air Assist air Assist air Assist steam Assist steam Boiler By compound Car-seal Center steam Closed blowdown system Closed vent system Combustion device Combustion zone Combustion zone gas Connector Continuous record Continuous recorder Control device Cooling tower Cooling tower return line Decoking operations Decoking operations Decoking operations Delayed coking unit delayed coking unit Delayed coker vent delayed coker vent delayed coker vents Distillate receiver Distillation unit Emission point Equipment leak Flame zone Flare Flare purge gas flare purge gas flare purge gas Flare supplemental gas Flare supplemental gas Flare sweep gas flare sweep gas flare sweep gas Flare vent gas i.e. Flexible enclosure device Flexible operation unit Flow indicator Force majeure event e.g., Fuel gas system Gasoline Gasoline loading rack Group 1 gasoline loading rack Group 1 marine tank vessel Group 1 miscellaneous process vent Group 1 storage vessel (1) Prior to February 1, 2016: (i) A storage vessel at an existing source that has a design capacity greater than or equal to 177 cubic meters and stored-liquid maximum true vapor pressure greater than or equal to 10.4 kilopascals and stored-liquid annual average true vapor pressure greater than or equal to 8.3 kilopascals and annual average HAP liquid concentration greater than 4 percent by weight total organic HAP; (ii) A storage vessel at a new source that has a design storage capacity greater than or equal to 151 cubic meters and stored-liquid maximum true vapor pressure greater than or equal to 3.4 kilopascals and annual average HAP liquid concentration greater than 2 percent by weight total organic HAP; or (iii) A storage vessel at a new source that has a design storage capacity greater than or equal to 76 cubic meters and less than 151 cubic meters and stored-liquid maximum true vapor pressure greater than or equal to 77 kilopascals and annual average HAP liquid concentration greater than 2 percent by weight total organic HAP. (2) On and after February 1, 2016: (i) A storage vessel at an existing source that has a design capacity greater than or equal to 151 cubic meters (40,000 gallons) and stored-liquid maximum true vapor pressure greater than or equal to 5.2 kilopascals (0.75 pounds per square inch) and annual average HAP liquid concentration greater than 4 percent by weight total organic HAP; (ii) A storage vessel at an existing source that has a design storage capacity greater than or equal to 76 cubic meters (20,000 gallons) and less than 151 cubic meters (40,000 gallons) and stored-liquid maximum true vapor pressure greater than or equal to 13.1 kilopascals (1.9 pounds per square inch) and annual average HAP liquid concentration greater than 4 percent by weight total organic HAP; (iii) A storage vessel at a new source that has a design storage capacity greater than or equal to 151 cubic meters (40,000 gallons) and stored-liquid maximum true vapor pressure greater than or equal to 3.4 kilopascals (0.5 pounds per square inch) and annual average HAP liquid concentration greater than 2 percent by weight total organic HAP; or (iv) A storage vessel at a new source that has a design storage capacity greater than or equal to 76 cubic meters (20,000 gallons) and less than 151 cubic meters (40,000 gallons) and stored-liquid maximum true vapor pressure greater than or equal to 13.1 kilopascals (1.9 pounds per square inch) and annual average HAP liquid concentration greater than 2 percent by weight total organic HAP. Group 1 wastewater stream Group 2 gasoline loading rack Group 2 marine tank vessel Group 2 miscellaneous process vent Group 2 storage vessel Group 2 wastewater stream Hazardous air pollutant HAP Heat exchange system i.e., heat exchange system heat exchange system heat exchange system. Heat exchanger exit line Incinerator In heavy liquid service In light liquid service In organic hazardous air pollutant service in organic HAP service Leakless valve Lower steam Maximum true vapor pressure (1) In accordance with methods specified in § 63.111 of subpart G of this part; (2) From standard reference texts; or (3) By any other method approved by the Administrator. Miscellaneous process vent Miscellaneous process vents Miscellaneous process vents Miscellaneous process vents (1) Gaseous streams routed to a fuel gas system, provided that on and after January 30, 2019, any flares receiving gas from the fuel gas system are in compliance with § 63.670; (2) Pressure relief device discharges; (3) Leaks from equipment regulated under § 63.648; (4) [Reserved] (5) In situ sampling systems (onstream analyzers) until February 1, 2016. After this date, these sampling systems will be included in the definition of miscellaneous process vents and sampling systems determined to be Group 1 miscellaneous process vents must comply with the requirements in §§ 63.643 and 63.644 no later than January 30, 2019; (6) Catalytic cracking unit catalyst regeneration vents; (7) Catalytic reformer regeneration vents; (8) Sulfur plant vents; (9) Vents from control devices such as scrubbers, boilers, incinerators, and electrostatic precipitators applied to catalytic cracking unit catalyst regeneration vents, catalytic reformer regeneration vents, and sulfur plant vents; (10) Vents from any stripping operations applied to comply with the wastewater provisions of this subpart, subpart G of this part, or 40 CFR part 61, subpart FF; (11) Emissions associated with delayed coking unit decoking operations; (12) Vents from storage vessels; (13) Emissions from wastewater collection and conveyance systems including, but not limited to, wastewater drains, sewer vents, and sump drains; and (14) Hydrogen production plant vents through which carbon dioxide is removed from process streams or through which steam condensate produced or treated within the hydrogen plant is degassed or deaerated. Net heating Operating permit Organic hazardous air pollutant organic HAP Perimeter assist air Perimeter assist air Perimeter assist air Periodically discharged Petroleum-based solvents Petroleum refining process unit (1) Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants; (2) Separating petroleum; or (3) Separating, cracking, reacting, or reforming intermediate petroleum streams. (4) Examples of such units include, but are not limited to, petroleum-based solvent units, alkylation units, catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking, crude distillation, lube oil processing, hydrogen production, isomerization, polymerization, thermal processes, and blending, sweetening, and treating processes. Petroleum refining process units also include sulfur plants. Pilot gas Plant site Premix assist air Pressure relief device Primary fuel Process heater Process unit Process unit shutdown Recovery device Reference control technology for gasoline loading racks Reference control technology for marine vessels Reference control technology for miscellaneous process vents Reference control technology for storage vessels (1) For Group 1 storage vessels complying with § 63.660: (i) An internal floating roof, including an external floating roof converted to an internal floating roof, meeting the specifications of §§ 63.1063(a)(1)(i), (a)(2), and (b) and 63.660(b)(2); (ii) An external floating roof meeting the specifications of §§ 63.1063(a)(1)(ii), (a)(2), and (b) and 63.660(b)(2); or (iii) [Reserved] (iv) A closed-vent system to a control device that reduces organic HAP emissions by 95 percent, or to an outlet concentration of 20 parts per million by volume (ppmv). (v) For purposes of emissions averaging, these four technologies are considered equivalent. (2) For all other storage vessels: (i) An internal floating roof meeting the specifications of § 63.119(b) of subpart G except for § 63.119(b)(5) and (6); (ii) An external floating roof meeting the specifications of § 63.119(c) of subpart G except for § 63.119(c)(2); (iii) An external floating roof converted to an internal floating roof meeting the specifications of § 63.119(d) of subpart G except for § 63.119(d)(2); or (iv) A closed-vent system to a control device that reduces organic HAP emissions by 95 percent, or to an outlet concentration of 20 parts per million by volume. (v) For purposes of emissions averaging, these four technologies are considered equivalent. Reference control technology for wastewater (1) Controls specified in §§ 61.343 through 61.347 of subpart FF of part 61; (2) A treatment process that achieves the emission reductions specified in table 7 of this subpart for each individual HAP present in the wastewater stream or is a steam stripper that meets the specifications in § 63.138(g) of subpart G of this part; and (3) A control device to reduce by 95 percent (or to an outlet concentration of 20 parts per million by volume for combustion devices) the organic HAP emissions in the vapor streams vented from treatment processes (including the steam stripper described in paragraph (2) of this definition) managing wastewater. Refinery fuel gas Regulated material Relief valve Research and development facility Shutdown Startup Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels with capacities smaller than 40 cubic meters; (4) Bottoms receiver tanks; or (5) Wastewater storage tanks. Wastewater storage tanks are covered under the wastewater provisions. Temperature monitoring device Thermal expansion relief valve Total annual benzene Total organic compounds TOC, Total steam Upper steam Wastewater [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29879, June 12, 1996; 62 FR 7938, Feb. 21, 1997; 63 FR 31361, June 9, 1998; 63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2008; 78 FR 37146, June 20, 2013; 80 FR 75239, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60713, Nov. 26, 2018; 85 FR 6082, Feb. 4, 2020; 89 FR 23858, Apr. 4, 2024] § 63.642 General standards. (a) Each owner or operator of a source subject to this subpart is required to apply for a part 70 or part 71 operating permit from the appropriate permitting authority. If the EPA has approved a State operating permit program under part 70, the permit shall be obtained from the State authority. If the State operating permit program has not been approved, the source shall apply to the EPA Regional Office pursuant to part 71. (b) The emission standards set forth in this subpart shall apply at all times. (c) Table 6 of this subpart specifies the provisions of subpart A of this part that apply and those that do not apply to owners and operators of sources subject to this subpart. (d) Initial performance tests and initial compliance determinations shall be required only as specified in this subpart. (1) Performance tests and compliance determinations shall be conducted according to the schedule and procedures specified in this subpart. (2) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 days before the performance test is scheduled. (3) Performance tests shall be conducted according to the provisions of § 63.7(e) except that performance tests shall be conducted at maximum representative operating capacity for the process. During the performance test, an owner or operator shall operate the control device at either maximum or minimum representative operating conditions for monitored control device parameters, whichever results in lower emission reduction. An owner or operator shall not conduct a performance test during startup, shutdown, periods when the control device is bypassed or periods when the process, monitoring equipment or control device is not operating properly. The owner/operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that the test was conducted at maximum representative operating capacity. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (4) Data shall be reduced in accordance with the EPA-approved methods specified in the applicable section or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part. (e) All applicable records shall be maintained as specified in § 63.655(i). (f) All reports required under this subpart shall be sent to the Administrator at the addresses listed in § 63.13 of subpart A of this part. If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media. (g) The owner or operator of an existing source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the following equation: E A 1 2 1 2 1C 2 1 2 1C 2 where: E A 0.02Σ EPV 1 Σ EPV 2 0.05Σ ES 1 Σ ES 2 Σ EGLR 1C Σ EGLR 2 (R)Σ EMV 1 R = 0.03 for existing sources, 0.02 for new sources. Σ EMV 2 Σ EWW 1C ic Σ EWW 2 The emissions level represented by this equation is dependent on the collection of emission points in the source. The level is not fixed and can change as the emissions from each emission point change or as the number of emission points in the source changes. (h) The owner or operator of a new source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the equation in paragraph (g) of this section. (i) The owner or operator of an existing source shall demonstrate compliance with the emission standard in paragraph (g) of this section by following the procedures specified in paragraph (k) of this section for all emission points, or by following the emissions averaging compliance approach specified in paragraph (l) of this section for specified emission points and the procedures specified in paragraph (k)(1) of this section. (j) The owner or operator of a new source shall demonstrate compliance with the emission standard in paragraph (h) of this section only by following the procedures in paragraph (k) of this section. The owner or operator of a new source may not use the emissions averaging compliance approach. (k) The owner or operator of an existing source may comply, and the owner or operator of a new source shall comply, with the applicable provisions in §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as specified in § 63.640(h). (1) The owner or operator using this compliance approach shall also comply with the requirements of §§ 63.648 and/or 63.649, 63.654, 63.655, 63.657, 63.658, 63.670 and 63.671, as applicable. (2) The owner or operator using this compliance approach is not required to calculate the annual emission rate specified in paragraph (g) of this section. (l) The owner or operator of an existing source may elect to control some of the emission points within the source to different levels than specified under §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as applicable according to § 63.640(h), by using an emissions averaging compliance approach as long as the overall emissions for the source do not exceed the emission level specified in paragraph (g) of this section. The owner or operator using emissions averaging shall meet the requirements in paragraphs (l)(1) and (2) of this section. (1) Calculate emission debits and credits for those emission points involved in the emissions average according to the procedures specified in § 63.652; and (2) Comply with the requirements of §§ 63.648 and/or 63.649, 63.654, 63.652, 63.653, 63.655, 63.657, 63.658, 63.670 and 63.671, as applicable. (m) A State may restrict the owner or operator of an existing source to using only the procedures in paragraph (k) of this section to comply with the emission standard in paragraph (g) of this section. Such a restriction would preclude the source from using an emissions averaging compliance approach. (n) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [60 FR 43260, Aug. 18, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 FR 29879, June 12, 1996; 74 FR 55685, Oct. 28, 2009; 80 FR 75242, Dec. 1, 2015] § 63.643 Miscellaneous process vent provisions. (a) The owner or operator of a Group 1 miscellaneous process vent as defined in § 63.641 shall comply with the requirements of either paragraph (a)(1) or (2) of this section or, if applicable, paragraph (c) of this section. The owner or operator of a miscellaneous process vent that meets the conditions in paragraph (c) of this section is only required to comply with the requirements of paragraph (c) of this section and § 63.655(g)(13) and (i)(12) for that vent. (1) Reduce emissions of organic HAP's using a flare. On and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the requirements of § 63.11(b) of subpart A or the requirements of § 63.670. (2) Reduce emissions of organic HAP's, using a control device, by 98 weight-percent or to a concentration of 20 parts per million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less stringent. Compliance can be determined by measuring either organic HAP's or TOC's using the procedures in § 63.645. (b) If a boiler or process heater is used to comply with the percentage of reduction requirement or concentration limit specified in paragraph (a)(2) of this section, then the vent stream shall be introduced into the flame zone of such a device, or in a location such that the required percent reduction or concentration is achieved. Testing and monitoring is required only as specified in §§ 63.644(a) and 63.645 of this subpart. (c) An owner or operator may designate a process vent as a maintenance vent if the vent is only used as a result of startup, shutdown, maintenance, or inspection of equipment where equipment is emptied, depressurized, degassed or placed into service. The owner or operator does not need to designate a maintenance vent as a Group 1 or Group 2 miscellaneous process vent nor identify maintenance vents in a Notification of Compliance Status report. The owner or operator must comply with the applicable requirements in paragraphs (c)(1) through (3) of this section for each maintenance vent according to the compliance dates specified in table 11 of this subpart, unless an extension is requested in accordance with the provisions in § 63.6(i). (1) Prior to venting to the atmosphere, process liquids are removed from the equipment as much as practical and the equipment is depressured to a control device meeting requirements in paragraphs (a)(1) or (2) of this section, a fuel gas system, or back to the process until one of the following conditions, as applicable, is met. (i) The concentration of the vapor in the equipment served by the maintenance vent is less than 10 percent of its lower explosive limit (LEL). (ii) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (iii) The equipment served by the maintenance vent contains less than 72 pounds of total volatile organic compounds (VOC). (iv) If the maintenance vent is associated with equipment containing pyrophoric catalyst (e.g., hydrotreaters and hydrocrackers) and a pure hydrogen supply is not available at the equipment at the time of the startup, shutdown, maintenance, or inspection activity, the concentration of the vapor in the equipment must be less than 20 percent of its LEL, except for one event per year not to exceed 35 percent of its LEL. (v) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (c)(1)(i) through (iv) of this section can be met prior to installing or removing a blind flange or similar equipment blind, the pressure in the equipment served by the maintenance vent is reduced to 2 psig or less. Active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (2) Except for maintenance vents complying with the alternative in paragraph (c)(1)(iii) of this section, the owner or operator must determine the concentration of the vapor or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (3) For maintenance vents complying with the alternative in paragraph (c)(1)(iii) of this section, the owner or operator shall determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. (d) After February 1, 2016 and prior to the date of compliance with the maintenance vent provisions in paragraph (c) of this section, the owner or operator must comply with the requirements in § 63.642(n) for each maintenance venting event and maintain records necessary to demonstrate compliance with the requirements in § 63.642(n) including, if appropriate, records of existing standard site procedures used to deinventory equipment for safety purposes. [60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75242, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60714, Nov. 26, 2018; 85 FR 6082, Feb. 4, 2020; 89 FR 23858, Apr. 4, 2024] § 63.644 Monitoring provisions for miscellaneous process vents. (a) Except as provided in paragraph (b) of this section, each owner or operator of a Group 1 miscellaneous process vent that uses a combustion device to comply with the requirements in § 63.643(a) shall install the monitoring equipment specified in paragraph (a)(1), (2), (3), or (4) of this section, depending on the type of combustion device used. All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer's specifications or other written procedures that provide adequate assurance that the equipment will monitor accurately and, except for CPMS installed for pilot flame monitoring, must meet the applicable minimum accuracy, calibration and quality control requirements specified in table 13 of this subpart. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used prior to January 30, 2019, a device (including but not limited to a thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable of continuously detecting the presence of a pilot flame is required, or the requirements of § 63.670 shall be met. Where a flare is used on and after January 30, 2019, the requirements of § 63.670 shall be met. (3) Any boiler or process heater with a design heat input capacity greater than or equal to 44 megawatt or any boiler or process heater in which all vent streams are introduced into the flame zone is exempt from monitoring. (4) Any boiler or process heater less than 44 megawatts design heat capacity where the vent stream is not introduced into the flame zone is required to use a temperature monitoring device in the firebox equipped with a continuous recorder. (b) An owner or operator of a Group 1 miscellaneous process vent may request approval to monitor parameters other than those listed in paragraph (a) of this section. The request shall be submitted according to the procedures specified in § 63.655(h). Approval shall be requested if the owner or operator: (1) Uses a control device other than an incinerator, boiler, process heater, or flare; or (2) Uses one of the control devices listed in paragraph (a) of this section, but seeks to monitor a parameter other than those specified in paragraph (a) of this section. (c) The owner or operator of a Group 1 miscellaneous process vent using a vent system that contains bypass lines that could divert a vent stream away from the control device used to comply with paragraph (a) of this section either directly to the atmosphere or to a control device that does not comply with the requirements in § 63.643(a) shall comply with either paragraph (c)(1), (2), or (3) of this section. Use of the bypass at any time to divert a Group 1 miscellaneous process vent stream to the atmosphere or to a control device that does not comply with the requirements in § 63.643(a) is an emissions standards violation. Equipment such as low leg drains and equipment subject to § 63.648 are not subject to this paragraph (c). (1) Install, calibrate and maintain a flow indicator that determines whether a vent stream flow is present at least once every hour. A manual block valve equipped with a valve position indicator may be used in lieu of a flow indicator, as long as the valve position indicator is monitored continuously. Records shall be generated as specified in § 63.655(h) and (i). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the non-diverting position and that the vent stream is not diverted through the bypass line; or (3) Use a cap, blind flange, plug, or a second valve for an open-ended valve or line following the requirements specified in § 60.482-6(a)(2), (b) and (c). (d) The owner or operator shall establish a range that ensures compliance with the emissions standard for each parameter monitored under paragraphs (a) and (b) of this section. In order to establish the range, the information required in § 63.655(f)(3) shall be submitted in the Notification of Compliance Status report. (e) Each owner or operator of a control device subject to the monitoring provisions of this section shall operate the control device in a manner consistent with the minimum and/or maximum operating parameter value or procedure required to be monitored under paragraphs (a) and (b) of this section. Operation of the control device in a manner that constitutes a period of excess emissions, as defined in § 63.655(g)(6), or failure to perform procedures required by this section shall constitute a violation of the applicable emission standard of this subpart. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, Dec. 1, 2015; 83 FR 60714, Nov. 26, 2018] § 63.645 Test methods and procedures for miscellaneous process vents. (a) To demonstrate compliance with § 63.643, an owner or operator shall follow § 63.116 except for § 63.116 (a)(1), (d) and (e) of subpart G of this part except as provided in paragraphs (b) through (d) and paragraph (i) of this section. (b) All references to § 63.113(a)(1) or (a)(2) in § 63.116 of subpart G of this part shall be replaced with § 63.643(a)(1) or (a)(2), respectively. (c) In § 63.116(c)(4)(ii)(C) of subpart G of this part, organic HAP's in the list of HAP's in table 1 of this subpart shall be considered instead of the organic HAP's in table 2 of subpart F of this part. (d) All references to § 63.116(b)(1) or (b)(2) shall be replaced with paragraphs (d)(1) and (d)(2) of this section, respectively. (1) Any boiler or process heater with a design heat input capacity of 44 megawatts or greater. (2) Any boiler or process heater in which all vent streams are introduced into the flame zone. (e) For purposes of determining the TOC emission rate, as specified under paragraph (f) of this section, the sampling site shall be after the last product recovery device (as defined in § 63.641 of this subpart) (if any recovery devices are present) but prior to the inlet of any control device (as defined in § 63.641 of this subpart) that is present, prior to any dilution of the process vent stream, and prior to release to the atmosphere. (1) Methods 1 or 1A of 40 CFR part 60, appendix A-1, as appropriate, shall be used for selection of the sampling site. For vents smaller than 0.10 meter in diameter, sample at the center of the vent. (2) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter. (f) Except as provided in paragraph (g) of this section, an owner or operator seeking to demonstrate that a process vent TOC mass flow rate is less than 33 kilograms per day for an existing source or less than 6.8 kilograms per day for a new source in accordance with the Group 2 process vent definition of this subpart shall determine the TOC mass flow rate by the following procedures: (1) The sampling site shall be selected as specified in paragraph (e) of this section. (2) The gas volumetric flow rate shall be determined using Methods 2, 2A, 2C, 2D, or 2F of 40 CFR part 60, appendix A-1 or Method 2G of 40 CFR part 60, appendix A-2, as appropriate. (3) Method 18 or Method 25A of 40 CFR part 60, appendix A shall be used to measure concentration; alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used. If Method 25A is used, and the TOC mass flow rate calculated from the Method 25A measurement is greater than or equal to 33 kilograms per day for an existing source or 6.8 kilograms per day for a new source, Method 18 may be used to determine any non-VOC hydrocarbons that may be deducted to calculate the TOC (minus non-VOC hydrocarbons) concentration and mass flow rate. The following procedures shall be used to calculate parts per million by volume concentration: (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (ii) The TOC concentration (C TOC where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. (4) The emission rate of TOC (minus methane and ethane) (E TOC where: E = Emission rate of TOC (minus methane and ethane) in the sample, kilograms per day. K 2 −5 −1 C j j M j Q s (5) If Method 25A is used, the emission rate of TOC (E TOC E TOC 2 TOC s where: E TOC K 2 −5 −1 C TOC M = Molecular weight of organic compound used to express units of C TOC Q s (g) Engineering assessment may be used to determine the TOC emission rate for the representative operating condition expected to yield the highest daily emission rate. (1) Engineering assessment includes, but is not limited to, the following: (i) Previous test results provided the tests are representative of current operating practices at the process unit. (ii) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (iii) TOC emission rate specified or implied within a permit limit applicable to the process vent. (iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: (A) Use of material balances based on process stoichiometry to estimate maximum TOC concentrations; (B) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities; and (C) Estimation of TOC concentrations based on saturation conditions. (v) All data, assumptions, and procedures used in the engineering assessment shall be documented. (h) The owner or operator of a Group 2 process vent shall recalculate the TOC emission rate for each process vent, as necessary, whenever process changes are made to determine whether the vent is in Group 1 or Group 2. Examples of process changes include, but are not limited to, changes in production capacity, production rate, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: process upsets; unintentional, temporary process changes; and changes that are within the range on which the original calculation was based. (1) The TOC emission rate shall be recalculated based on measurements of vent stream flow rate and TOC as specified in paragraphs (e) and (f) of this section, as applicable, or on best engineering assessment of the effects of the change. Engineering assessments shall meet the specifications in paragraph (g) of this section. (2) Where the recalculated TOC emission rate is greater than 33 kilograms per day for an existing source or greater than 6.8 kilograms per day for a new source, the owner or operator shall submit a report as specified in § 63.655(f), (g), or (h) and shall comply with the appropriate provisions in § 63.643 by the dates specified in § 63.640. (i) A compliance determination for visible emissions shall be conducted within 150 days of the compliance date using Method 22 of 40 CFR part 60, appendix A, to determine visible emissions. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 63 FR 44141, Aug. 18, 1998; 74 FR 55685, Oct. 28, 2009; 80 FR 75243, Dec. 1, 2015] § 63.646 Storage vessel provisions. Upon a demonstration of compliance with the standards in § 63.660 by the compliance dates specified in § 63.640(h), the standards in this section shall no longer apply. (a) Each owner or operator of a Group 1 storage vessel subject to this subpart shall comply with the requirements of §§ 63.119 through 63.121 except as provided in paragraphs (b) through (l) of this section. (b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in 40 CFR part 63, subparts A or G. The Group 1 storage vessel definition presented in § 63.641 shall apply in lieu of the Group 1 storage vessel definitions presented in tables 5 and 6 of § 63.119 of subpart G of this part. (1) An owner or operator may use good engineering judgment or test results to determine the stored liquid weight percent total organic HAP for purposes of group determination. Data, assumptions, and procedures used in the determination shall be documented. (2) When an owner or operator and the Administrator do not agree on whether the annual average weight percent organic HAP in the stored liquid is above or below 4 percent for a storage vessel at an existing source or above or below 2 percent for a storage vessel at a new source, an appropriate method (based on the type of liquid stored) as published by EPA or a consensus-based standards organization shall be used. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org http://www.ansi.org http://www.aga.org http://www.asme.org http://www.api.org http://www.naesb.org (c) The following paragraphs do not apply to storage vessels at existing sources subject to this subpart: § 63.119 (b)(5), (b)(6), (c)(2), and (d)(2). (d) References shall apply as specified in paragraphs (d)(1) through (d)(10) of this section. (1) All references to § 63.100(k) of subpart F of this part (or the schedule provisions and the compliance date) shall be replaced with § 63.640(h), (2) All references to April 22, 1994 shall be replaced with August 18, 1995. (3) All references to December 31, 1992 shall be replaced with July 15, 1994. (4) All references to the compliance dates specified in § 63.100 of subpart F shall be replaced with § 63.640 (h) through (m). (5) All references to § 63.150 in § 63.119 of subpart G of this part shall be replaced with § 63.652. (6) All references to § 63.113(a)(2) of subpart G shall be replaced with § 63.643(a)(2) of this subpart. (7) All references to § 63.126(b)(1) of subpart G shall be replaced with § 63.422(b) of subpart R of this part. (8) All references to § 63.128(a) of subpart G shall be replaced with § 63.425, paragraphs (a) through (c) and (e) through (h) of subpart R of this part. (9) All references to § 63.139(d)(1) in § 63.120(d)(1)(ii) of subpart G are not applicable. For sources subject to this subpart, such references shall mean that 40 CFR 61.355 is applicable. (10) All references to § 63.139(c) in § 63.120(d)(1)(ii) of subpart G are not applicable. For sources subject to this subpart, such references shall mean that § 63.647 of this subpart is applicable. (e) When complying with the inspection requirements of § 63.120 of subpart G of this part, owners and operators of storage vessels at existing sources subject to this subpart are not required to comply with the provisions for gaskets, slotted membranes, and sleeve seals. (f) The following paragraphs (f)(1), (f)(2), and (f)(3) of this section apply to Group 1 storage vessels at existing sources: (1) If a cover or lid is installed on an opening on a floating roof, the cover or lid shall remain closed except when the cover or lid must be open for access. (2) Rim space vents are to be set to open only when the floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting. (3) Automatic bleeder vents are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. (g) Failure to perform inspections and monitoring required by this section shall constitute a violation of the applicable standard of this subpart. (h) References in §§ 63.119 through 63.121 to § 63.122(g)(1), § 63.151, and references to initial notification requirements do not apply. (i) References to the Implementation Plan in § 63.120, paragraphs (d)(2) and (d)(3)(i) shall be replaced with the Notification of Compliance Status report. (j) References to the Notification of Compliance Status report in § 63.152(b) mean the Notification of Compliance Status required by § 63.655(f). (k) References to the Periodic Reports in § 63.152(c) mean the Periodic Report required by § 63.655(g). (l) The State or local permitting authority can waive the notification requirements of §§ 63.120(a)(5), 63.120(a)(6), 63.120(b)(10)(ii), and 63.120(b)(10)(iii) for all or some storage vessels at petroleum refineries subject to this subpart. The State or local permitting authority may also grant permission to refill storage vessels sooner than 30 days after submitting the notifications in § 63.120(a)(6) or § 63.120(b)(10)(iii) for all storage vessels at a refinery or for individual storage vessels on a case-by-case basis. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 62 FR 7939, Feb. 21, 1997; 74 FR 55685, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 80 FR 75243, Dec. 1, 2015] § 63.647 Wastewater provisions. (a) Except as provided in paragraphs (b) and (c) of this section, each owner or operator of a Group 1 wastewater stream shall comply with the requirements of §§ 61.340 through 61.355 of this chapter for each process wastewater stream that meets the definition in § 63.641. (b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in the Clean Air Act or in 40 CFR part 61, subpart FF, § 61.341. (c) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of part 61, subpart FF of this chapter, or the requirements of § 63.670. (d) Each owner or operator required under subpart FF of 40 CFR part 61 to perform periodic measurement of benzene concentration in wastewater, or to monitor process or control device operating parameters shall operate in a manner consistent with the minimum or maximum (as appropriate) permitted concentration or operating parameter values. Operation of the process, treatment unit, or control device resulting in a measured concentration or operating parameter value outside the permitted limits shall constitute a violation of the emission standards. Failure to perform required leak monitoring for closed vent systems and control devices or failure to repair leaks within the time period specified in subpart FF of 40 CFR part 61 shall constitute a violation of the standard. [60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75244, Dec. 1, 2015] § 63.648 Equipment leak standards. (a) Each owner or operator of an existing source subject to the provisions of this subpart shall comply with the provisions of 40 CFR part 60, subpart VV, and paragraph (b) of this section except as provided in paragraphs (a)(1) through (3), and (c) through (j) of this section. Each owner or operator of a new source subject to the provisions of this subpart shall comply with subpart H of this part except as provided in paragraphs (c) through (j) of this section. (1) For purposes of compliance with this section, the provisions of 40 CFR part 60, subpart VV apply only to equipment in organic HAP service, as defined in § 63.641 of this subpart. (2) Calculation of percentage leaking equipment components for subpart VV of 40 CFR part 60 may be done on a process unit basis or a sourcewide basis. Once the owner or operator has decided, all subsequent calculations shall be on the same basis unless a permit change is made. (3) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of part 60, subpart VV of this chapter, or the requirements of § 63.670. (b) The use of monitoring data generated before August 18, 1995 to qualify for less frequent monitoring of valves and pumps as provided under 40 CFR part 60 subpart VV or subpart H of this part and paragraph (c) of this section (i.e., quarterly or semiannually) is governed by the requirements of paragraphs (b)(1) and (b)(2) of this section. (1) Monitoring data must meet the test methods and procedures specified in § 60.485(b) of 40 CFR part 60, subpart VV or § 63.180(b)(1) through (b)(5) of subpart H of this part except for minor departures. (2) Departures from the criteria specified in § 60.485(b) of 40 CFR part 60 subpart VV or § 63.180(b)(1) through (b)(5) of subpart H of this part or from the monitoring frequency specified in subpart VV or in paragraph (c) of this section (such as every 6 weeks instead of monthly or quarterly) are minor and do not significantly affect the quality of the data. An example of a minor departure is monitoring at a slightly different frequency (such as every 6 weeks instead of monthly or quarterly). Failure to use a calibrated instrument is not considered a minor departure. (c) In lieu of complying with the existing source provisions of paragraph (a) in this section, an owner or operator may elect to comply with the requirements of §§ 63.161 through 63.169, 63.171, 63.172, 63.175, 63.176, 63.177, 63.179, and 63.180 except as provided in paragraphs (c)(1) through (12) and (e) through (j) of this section. (1) The instrument readings that define a leak for light liquid pumps subject to § 63.163 of subpart H of this part and gas/vapor and light liquid valves subject to § 63.168 of subpart H of this part are specified in table 2 of this subpart. (2) In phase III of the valve standard, the owner or operator may monitor valves for leaks as specified in paragraphs (c)(2)(i) or (c)(2)(ii) of this section. (i) If the owner or operator does not elect to monitor connectors, then the owner or operator shall monitor valves according to the frequency specified in table 8 of this subpart. (ii) If an owner or operator elects to monitor connectors according to the provisions of § 63.649, paragraphs (b), (c), or (d), then the owner or operator shall monitor valves at the frequencies specified in table 9 of this subpart. (3) The owner or operator shall decide no later than the first required monitoring period after the phase I compliance date specified in § 63.640(h) whether to calculate the percentage leaking valves on a process unit basis or on a sourcewide basis. Once the owner or operator has decided, all subsequent calculations shall be on the same basis unless a permit change is made. (4) The owner or operator shall decide no later than the first monitoring period after the phase III compliance date specified in § 63.640(h) whether to monitor connectors according to the provisions in § 63.649, paragraphs (b), (c), or (d). (5) Connectors in gas/vapor service or light liquid service are subject to the requirements for connectors in heavy liquid service in § 63.169 of subpart H of this part (except for the agitator provisions). The leak definition for valves, connectors, and instrumentation systems subject to § 63.169 is 1,000 parts per million. (6) In phase III of the pump standard, except as provided in paragraph (c)(7) of this section, owners or operators that achieve less than 10 percent of light liquid pumps leaking or three light liquid pumps leaking, whichever is greater, shall monitor light liquid pumps monthly. (7) Owners or operators that achieve less than 3 percent of light liquid pumps leaking or one light liquid pump leaking, whichever is greater, shall monitor light liquid pumps quarterly. (8) An owner or operator may make the election described in paragraphs (c)(3) and (c)(4) of this section at any time except that any election to change after the initial election shall be treated as a permit modification according to the terms of part 70 of this chapter. (9) When complying with the requirements of § 63.168(e)(3)(i), non-repairable valves shall be included in the calculation of percent leaking valves the first time the valve is identified as leaking and non-repairable. Otherwise, a number of non-repairable valves up to a maximum of 1 percent per year of the total number of valves in organic HAP service up to a maximum of 3 percent may be excluded from calculation of percent leaking valves for subsequent monitoring periods. When the number of non-repairable valves exceeds 3 percent of the total number of valves in organic HAP service, the number of non-repairable valves exceeding 3 percent of the total number shall be included in the calculation of percent leaking valves. (10) If in phase III of the valve standard any valve is designated as being leakless, the owner or operator has the option of following the provisions of 40 CFR 60.482-7(f). If an owner or operator chooses to comply with the provisions of 40 CFR 60.482-7(f), the valve is exempt from the valve monitoring provisions of § 63.168 of subpart H of this part. (11) [Reserved] (12) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of §§ 63.172 and 63.180, or the requirements of § 63.670. (d) Upon startup of new sources, the owner or operator shall comply with § 63.163(a)(1)(ii) of subpart H of this part for light liquid pumps and § 63.168(a)(1)(ii) of subpart H of this part for gas/vapor and light liquid valves. (e) For reciprocating pumps in heavy liquid service and agitators in heavy liquid service, owners and operators are not required to comply with the requirements in § 63.169 of subpart H of this part. (f) Reciprocating pumps in light liquid service are exempt from §§ 63.163 and 60.482 if recasting the distance piece or reciprocating pump replacement is required. (g) Compressors in hydrogen service are exempt from the requirements of paragraphs (a) and (c) of this section if an owner or operator demonstrates that a compressor is in hydrogen service. (1) Each compressor is presumed not to be in hydrogen service unless an owner or operator demonstrates that the piece of equipment is in hydrogen service. (2) For a piece of equipment to be considered in hydrogen service, it must be determined that the percentage hydrogen content can be reasonably expected always to exceed 50 percent by volume. (i) For purposes of determining the percentage hydrogen content in the process fluid that is contained in or contacts a compressor, the owner or operator shall use either: (A) Procedures that conform to those specified in § 60.593(b)(2) of 40 part 60, subpart GGG. (B) Engineering judgment to demonstrate that the percentage content exceeds 50 percent by volume, provided the engineering judgment demonstrates that the content clearly exceeds 50 percent by volume. ( 1 ( 2 (h) Each owner or operator of a source subject to the provisions of this subpart must maintain all records for a minimum of 5 years. (i) Reciprocating compressors are exempt from seal requirements if recasting the distance piece or compressor replacement is required. (j) Except as specified in paragraph (j)(4) of this section, the owner or operator must comply with the requirements specified in paragraphs (j)(1) and (2) of this section for pressure relief devices, such as relief valves or rupture disks, in organic HAP gas or vapor service instead of the pressure relief device requirements of § 60.482-4 of this chapter, § 60.482-4a of this chapter, or § 63.165, as applicable. Except as specified in paragraphs (j)(4) and (5) of this section, the owner or operator must also comply with the requirements specified in paragraph (j)(3) of this section for all pressure relief devices in organic HAP service. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as specified in § 60.485(c) of this chapter, § 60.485a(c) of this chapter, or § 63.180(c), as applicable, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (ii) If the pressure relief device includes a rupture disk, either comply with the requirements in paragraph (j)(2)(i) of this section (not replacing the rupture disk) or install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. The owner or operator must conduct instrument monitoring, as specified in § 60.485(c) of this chapter, § 60.485a(c) of this chapter or § 63.180(c), as applicable, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (iii) If the pressure relief device consists only of a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. The owner or operator may not initiate startup of the equipment served by the rupture disk until the rupture disc is replaced. The owner or operator must conduct instrument monitoring, as specified in § 60.485(c) of this chapter, § 60.485a(c) of this chapter, or § 63.180(c), as applicable, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (3) Pressure release management. (i) The owner or operator must equip each affected pressure relief device with a device(s) or use a monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system may be either specific to the pressure relief device itself or may be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) The owner or operator must apply at least three redundant prevention measures to each affected pressure relief device and document these measures. Examples of prevention measures include: (A) Flow, temperature, liquid level and pressure indicators with deadman switches, monitors, or automatic actuators. Independent, non-duplicative systems within this category count as separate redundant prevention measures. (B) Documented routine inspection and maintenance programs and/or operator training (maintenance programs and operator training may count as only one redundant prevention measure). (C) Inherently safer designs or safety instrumentation systems. (D) Deluge systems. (E) Staged relief system where initial pressure relief device (with lower set release pressure) discharges to a flare or other closed vent system and control device. (iii) If any affected pressure relief device releases to atmosphere as a result of a pressure release event, the owner or operator must perform root cause analysis and corrective action analysis according to the requirement in paragraph (j)(6) of this section and implement corrective actions according to the requirements in paragraph (j)(7) of this section. The owner or operator must also calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.655(g)(10)(iii). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) The owner or operator shall determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. Prior to June 3, 2024, the owner or operator shall also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure event, as defined in this subpart. (v) Except for pressure relief devices described in paragraphs (j)(4) and (5) of this section, the following release events from an affected pressure relief device are a violation of the pressure release management work practice standards: (A) Any release event for which the root cause of the event was determined to be operator error or poor maintenance. (B) Prior to June 3, 2024, a second release event not including force majeure events from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment. On and after June 3, 2024, a second release event from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment. (C) Prior to June 3, 2024, a third release event not including force majeure events from a single pressure relief device in a 3 calendar year period for any reason. On and after June 3, 2024, a third release event from a single pressure relief device in a 3 calendar year period for any reason. (4) Pressure relief devices routed to a control device. (ii) If a pilot-operated pressure relief device is used and the primary release valve is routed through a closed vent system to a control device, back into the process or to the fuel gas system, the owner or operator is required to comply only with paragraphs (j)(1) and (2) of this section for the pilot discharge vent and is not required to comply with paragraph (j)(3) of this section for the pilot-operated pressure relief device. (iii) If a balanced bellows pressure relief device is used and the primary release valve is routed through a closed vent system to a control device, back into the process or to the fuel gas system, the owner or operator is required to comply only with paragraphs (j)(1) and (2) of this section for the bonnet vent and is not required to comply with paragraph (j)(3) of this section for the balanced bellows pressure relief device. (iv) Both the closed vent system and control device (if applicable) referenced in paragraphs (j)(4)(i) through (iii) of this section must meet the requirements of § 63.644. When complying with this paragraph (j)(4), all references to “Group 1 miscellaneous process vent” in § 63.644 mean “pressure relief device.” (v) If a pressure relief device complying with this paragraph (j)(4) is routed to the fuel gas system, then on and after January 30, 2019, any flares receiving gas from that fuel gas system must be in compliance with § 63.670. (5) Pressure relief devices exempted from pressure release management requirements. (i) Pressure relief devices in heavy liquid service, as defined in § 63.641. (ii) Pressure relief devices that only release material that is liquid at standard conditions (1 atmosphere and 68 degrees Fahrenheit) and that are hard-piped to a controlled drain system ( i.e. (iii) Thermal expansion relief valves. (iv) Pressure relief devices designed with a set relief pressure of less than 2.5 psig. (v) Pressure relief devices that do not have the potential to emit 72 lbs/day or more of VOC based on the valve diameter, the set release pressure, and the equipment contents. (vi) Pressure relief devices on mobile equipment. (6) Root cause analysis and corrective action analysis. (i) You may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices installed on the same equipment to release. (ii) Prior to June 3, 2024, you may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure event, as defined in this subpart. (iii) Except as provided in paragraphs (j)(6)(i) and (ii) of this section, if more than one pressure relief device has a release during the same time period, an initial root cause analysis shall be conducted separately for each pressure relief device that had a release. If the initial root cause analysis indicates that the release events have the same root cause(s), the initially separate root cause analyses may be recorded as a single root cause analysis and a single corrective action analysis may be conducted. (7) Corrective action implementation. (i) All corrective action(s) must be implemented within 45 days of the event for which the root cause and corrective action analyses were required or as soon thereafter as practicable. If an owner or operator concludes that no corrective action should be implemented, the owner or operator shall record and explain the basis for that conclusion no later than 45 days following the event. (ii) For corrective actions that cannot be fully implemented within 45 days following the event for which the root cause and corrective action analyses were required, the owner or operator shall develop an implementation schedule to complete the corrective action(s) as soon as practicable. (iii) No later than 45 days following the event for which a root cause and corrective action analyses were required, the owner or operator shall record the corrective action(s) completed to date, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 63 FR 44141, Aug. 18, 1998; 80 FR 75244, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60714, Nov. 26, 2018; 85 FR 6082, Feb. 4, 2020; 89 FR 23858, Apr. 4, 2024] § 63.649 Alternative means of emission limitation: Connectors in gas/vapor service and light liquid service. (a) If an owner or operator elects to monitor valves according to the provisions of § 63.648(c)(2)(ii), the owner or operator shall implement one of the connector monitoring programs specified in paragraphs (b), (c), or (d) of this section. (b) Random 200 connector alternative. (1) Within the first 12 months after the phase III compliance date specified in § 63.640(h), a sample of 200 connectors shall be randomly selected and monitored using Method 21 of 40 CFR part 60, appendix A. (2) The instrument reading that defines a leak is 1,000 parts per million. (3) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected except as provided in paragraph (e) of this section. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (4) If a leak is detected, the connector shall be monitored for leaks within the first 3 months after its repair. (5) After conducting the initial survey required in paragraph (b)(1) of this section, the owner or operator shall conduct subsequent monitoring of connectors at the frequencies specified in paragraphs (b)(5)(i) through (b)(5)(iv) of this section. (i) If the percentage leaking connectors is 2.0 percent or greater, the owner or operator shall survey a random sample of 200 connectors once every 6 months. (ii) If the percentage leaking connectors is 1.0 percent or greater but less than 2.0 percent, the owner or operator shall survey a random sample of 200 connectors once per year. (iii) If the percentage leaking connectors is 0.5 percent or greater but less than 1.0 percent, the owner or operator shall survey a random sample of 200 connectors once every 2 years. (iv) If the percentage leaking connectors is less than 0.5 percent, the owner or operator shall survey a random sample of 200 connectors once every 4 years. (6) Physical tagging of the connectors to indicate that they are subject to the monitoring provisions is not required. Connectors may be identified by the area or length of pipe and need not be individually identified. (c) Connector inspection alternative. (1) Within 12 months after the phase III compliance date specified in § 63.640(h), all connectors in gas/vapor service shall be monitored using Method 21 of 40 CFR part 60 appendix A. The instrument reading that defines a leak is 1,000 parts per million. (2) All connectors in light liquid service shall be inspected for leaks. A leak is detected if liquids are observed to be dripping at a rate greater than three drops per minute. (3) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected except as provided in paragraph (e) of this section. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (4) If a leak is detected, connectors in gas/vapor service shall be monitored for leaks within the first 3 months after repair. Connectors in light liquid service shall be inspected for indications of leaks within the first 3 months after repair. A leak is detected if liquids are observed to be dripping at a rate greater than three drops per minute. (5) After conducting the initial survey required in paragraphs (c)(1) and (c)(2) of this section, the owner or operator shall conduct subsequent monitoring at the frequencies specified in paragraphs (c)(5)(i) through (c)(5)(iii) of this section. (i) If the percentage leaking connectors is 2.0 percent or greater, the owner or operator shall monitor or inspect, as applicable, the connectors once per year. (ii) If the percentage leaking connectors is 1.0 percent or greater but less than 2.0 percent, the owner or operator shall monitor or inspect, as applicable, the connectors once every 2 years. (iii) If the percentage leaking connectors is less than 1.0 percent, the owner or operator shall monitor or inspect, as applicable, the connectors once every 4 years. (6) The percentage leaking connectors shall be calculated for connectors in gas/vapor service and for connectors in light liquid service. The data for the two groups of connectors shall not be pooled for the purpose of determining the percentage leaking connectors. (i) The percentage leaking connectors shall be calculated as follows: % C L L AN t c where: % C L C L C AN t C t C c i.e., c (ii) Nonrepairable connectors shall be included in the calculation of percentage leaking connectors the first time the connector is identified as leaking and nonrepairable. Otherwise, a number of nonrepairable connectors up to a maximum of 1 percent per year of the total number of connectors in organic HAP service up to a maximum of 3 percent may be excluded from calculation of percentage leaking connectors for subsequent monitoring periods. (iii) If the number of nonrepairable connectors exceeds 3 percent of the total number of connectors in organic HAP service, the number of nonrepairable connectors exceeding 3 percent of the total number shall be included in the calculation of the percentage leaking connectors. (7) Physical tagging of the connectors to indicate that they are subject to the monitoring provisions is not required. Connectors may be identified by the area or length of pipe and need not be individually identified. (d) Subpart H program. (e) Delay of repair of connectors for which leaks have been detected is allowed if repair is not technically feasible by normal repair techniques without a process unit shutdown. Repair of this equipment shall occur by the end of the next process unit shutdown. (1) Delay of repair is allowed for equipment that is isolated from the process and that does not remain in organic HAP service. (2) Delay of repair for connectors is also allowed if: (i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and (ii) When repair procedures are accomplished, the purged material would be collected and destroyed or recovered in a control device. (f) Any connector that is designated as an unsafe-to-repair connector is exempt from the requirements of paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), or (d) of this section if: (1) The owner or operator determines that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (b)(3) and (b)(4), (c)(3) and (c)(4), of this section; or (2) The connector will be repaired before the end of the next scheduled process unit shutdown. (g) The owner or operator shall maintain records to document that the connector monitoring or inspections have been conducted as required and to document repair of leaking connectors as applicable. [60 FR 43260, Aug. 18, 1995, as amended at 80 FR 75245, Dec. 1, 2015] § 63.650 Gasoline loading rack provisions. (a) Except as provided in paragraphs (b) through (d) of this section, each owner or operator of a Group 1 gasoline loading rack classified under Standard Industrial Classification code 2911 located within a contiguous area and under common control with a petroleum refinery shall comply with subpart R of this part, §§ 63.421, 63.422(a) through (c) and (e), 63.425(a) through (c) and (e) through (i), 63.427(a) and (b), and 63.428(b), (c), (g)(1), (h)(1) through (3), and (k). (b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in subpart A or in 40 CFR part 63, subpart R. The § 63.641 definition of “affected source” applies under this section. (c) Gasoline loading racks regulated under this subpart are subject to the compliance dates specified in § 63.640(h). (d) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of subpart R of this part, or the requirements of § 63.670. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 74 FR 55685, Oct. 28, 2009; 80 FR 75245, Dec. 1, 2015] § 63.651 Marine tank vessel loading operation provisions. (a) Except as provided in paragraphs (b) through (e) of this section, each owner or operator of a marine tank vessel loading operation located at a petroleum refinery shall comply with the requirements of §§ 63.560 through 63.568. (b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in subpart A or in 40 CFR part 63, subpart Y. The § 63.641 definition of “affected source” applies under this section. (c) The notification reports under § 63.567(b) are not required. (d) The compliance time of 4 years after promulgation of 40 CFR part 63, subpart Y, does not apply. The compliance time is specified in § 63.640(h)(1). (e) If a flare is used as a control device, on and after January 30, 2019, the flare shall meet the requirements of § 63.670. Prior to January 30, 2019, the flare shall meet the applicable requirements of subpart Y of this part, or the requirements of § 63.670. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29880, June 12, 1996; 74 FR 55685, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015] § 63.652 Emissions averaging provisions. (a) This section applies to owners or operators of existing sources who seek to comply with the emission standard in § 63.642(g) by using emissions averaging according to § 63.642(l) rather than following the provisions of §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651. Existing marine tank vessel loading operations located at the Valdez Marine Terminal source may not comply with the standard by using emissions averaging. (b) The owner or operator shall develop and submit for approval an Implementation Plan containing all of the information required in § 63.653(d) for all points to be included in an emissions average. The Implementation Plan shall identify all emission points to be included in the emissions average. This must include any Group 1 emission points to which the reference control technology (defined in § 63.641) is not applied and all other emission points being controlled as part of the average. (c) The following emission points can be used to generate emissions averaging credits if control was applied after November 15, 1990 and if sufficient information is available to determine the appropriate value of credits for the emission point: (1) Group 2 emission points; (2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 gasoline loading racks, Group 1 marine tank vessels, and Group 1 miscellaneous process vents that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies must be submitted and approved as provided in paragraph (i) of this section; and (3) Emission points from which emissions are reduced by pollution prevention measures. Percentages of reduction for pollution prevention measures shall be determined as specified in paragraph (j) of this section. (i) For a Group 1 emission point, the pollution prevention measure must reduce emissions more than the reference control technology would have had the reference control technology been applied to the emission point instead of the pollution prevention measure except as provided in paragraph (c)(3)(ii) of this section. (ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 emission point, the pollution prevention measure alone does not have to reduce emissions more than the reference control technology, but the combination of the pollution prevention measure and other controls must reduce emissions more than the reference control technology would have had it been applied instead. (d) The following emission points cannot be used to generate emissions averaging credits: (1) Emission points already controlled on or before November 15, 1990 unless the level of control is increased after November 15, 1990, in which case credit will be allowed only for the increase in control after November 15, 1990; (2) Group 1 emission points that are controlled by a reference control technology unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph (i) of this section. For example, it is not allowable to claim that an internal floating roof meeting only the specifications stated in the reference control technology definition in § 63.641 (i.e., that meets the specifications of § 63.119(b) of subpart G but does not have controlled fittings per § 63.119 (b)(5) and (b)(6) of subpart G) applied to a storage vessel is achieving greater than 95 percent control; (3) Emission points on shutdown process units. Process units that are shut down cannot be used to generate credits or debits; (4) Wastewater that is not process wastewater or wastewater streams treated in biological treatment units. These two types of wastewater cannot be used to generate credits or debits. Group 1 wastewater streams cannot be left undercontrolled or uncontrolled to generate debits. For the purposes of this section, the terms “wastewater” and “wastewater stream” are used to mean process wastewater; and (5) Emission points controlled to comply with a State or Federal rule other than this subpart, unless the level of control has been increased after November 15, 1990 above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average. (e) For all points included in an emissions average, the owner or operator shall: (1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology for those emission points. Equations in paragraph (g) of this section shall be used to calculate debits. (2) Calculate and record monthly credits for all Group 1 or Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph (h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph (c) of this section may be included in the credit calculation, whereas those described in paragraph (d) of this section shall not be included. (3) Demonstrate that annual credits calculated according to paragraph (h) of this section are greater than or equal to debits calculated for the same annual compliance period according to paragraph (g) of this section. (i) The initial demonstration in the Implementation Plan that credit-generating emission points will be capable of generating sufficient credits to offset the debits from the debit-generating emission points must be made under representative operating conditions. (ii) After the compliance date, actual operating data will be used for all debit and credit calculations. (4) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis. (5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.655(g)(8). Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.655(g)(8)(iii). (f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs (g) and (h) of this section, respectively, and shall not include emissions from the following: (1) More than 20 individual emission points. Where pollution prevention measures (as specified in paragraph (j)(1) of this section) are used to control emission points to be included in an emissions average, no more than 25 emission points may be included in the average. For example, if two emission points to be included in an emissions average are controlled by pollution prevention measures, the average may include up to 22 emission points. (2) [Reserved] (3) For emission points for which continuous monitors are used, periods of excess emissions as defined in § 63.655(g)(6)(i). For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs (f)(3)(i) through (f)(3)(iii) of this section. (i) No credits would be assigned to the credit-generating emission point. (ii) Maximum debits would be assigned to the debit-generating emission point. (iii) The owner or operator may use the procedures in paragraph (l) of this section to demonstrate to the Administrator that full or partial credits or debits should be assigned. (g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or is controlled to a level less stringent than the reference control technology, and the emissions allowed for Group 1 emission point. Debits shall be calculated as follows: (1) The overall equation for calculating sourcewide debits is: where: Debits and all terms of the equation are in units of megagrams per month, and EPV iACTUAL (0.02) EPV iu ES iACTUAL (0.05) ES iu EGLR iACTUAL EGLR ic EMV ACTUAL (0.03) EMV iu n = The number of Group 1 emission points being included in the emissions average. The value of n is not necessarily the same for each kind of emission point. (2) Emissions from miscellaneous process vents shall be calculated as follows: (i) For purposes of determining miscellaneous process vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be after the final product recovery device, if any recovery devices are present; before any control device (for miscellaneous process vents, recovery devices shall not be considered control devices); and before discharge to the atmosphere. Method 1 or 1A of part 60, appendix A shall be used for selection of the sampling site. (ii) The following equation shall be used for each miscellaneous process vent i to calculate EPV iu where: EPV iu Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Methods 2, 2A, 2C, or 2D of part 60 appendix A, as appropriate. h = Monthly hours of operation during which positive flow is present in the vent, hours per month. C j M j n = Number of organic HAP's in the miscellaneous process vent stream. (A) The values of Q, C j j j j (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q, C j j j j (iii) The following procedures and equations shall be used to calculate EPV iACTUAL (A) If the vent is not controlled by a control device or pollution prevention measure, EPV iACTUAL iu iu (B) If the vent is controlled using a control device or a pollution prevention measure achieving less than 98-percent reduction, ( 1 ( 2 iACTUAL ( 3 (3) Emissions from storage vessels shall be calculated as specified in § 63.150(g)(3) of subpart G. (4) Emissions from gasoline loading racks shall be calculated as follows: (i) The following equation shall be used for each gasoline loading rack i to calculate EGLR iu where: EGLR iu S = Saturation factor, dimensionless (see table 33 of subpart G). P = Weighted average rack partial pressure of organic HAP's transferred at the rack during the month, kilopascals. M = Weighted average molecular weight of organic HAP's transferred at the gasoline loading rack during the month, gram per gram-mole. G = Monthly volume of gasoline transferred from gasoline loading rack, liters per month. T = Weighted rack bulk liquid loading temperature during the month, degrees kelvin (degrees Celsius °C + 273). (ii) The following equation shall be used for each gasoline loading rack i to calculate the weighted average rack partial pressure: where: P j G = Monthly volume of organic HAP transferred, liters per month, and G j n = Number of organic HAP's transferred at the gasoline loading rack. (iii) The following equation shall be used for each gasoline loading rack i to calculate the weighted average rack molecular weight: where: M j G, G j (iv) The following equation shall be used for each gasoline loading rack i to calculate the monthly weighted rack bulk liquid loading temperature: T j G, G j (v) The following equation shall be used to calculate EGLR ic G is as defined in paragraph (g)(4)(ii) of this section. (vi) The following procedures and equations shall be used to calculate EGLR iACTUAL (A) If the gasoline loading rack is not controlled, EGLR iACTUAL iu iu (B) If the gasoline loading rack is controlled using a control device or a pollution prevention measure not achieving the requirement of less than 10 milligrams of TOC per liter of gasoline loaded, ( 1 ( 2 (5) Emissions from marine tank vessel loading shall be calculated as follows: (i) The following equation shall be used for each marine tank vessel i to calculate EMV iu where: EMV iu Q i F i P i m = Number of combinations of commodities and vessel types loaded. Emission factors shall be based on test data or emission estimation procedures specified in § 63.565(l) of subpart Y. (ii) The following procedures and equations shall be used to calculate EMV iACTUAL (A) If the marine tank vessel is not controlled, EMV iACTUAL iu iu (B) If the marine tank vessel is controlled using a control device or a pollution prevention measure achieving less than 97-percent reduction, ( 1 ( 2 (h) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from a Group 1 or Group 2 emission point that has been controlled after November 15, 1990 to a level more stringent than what is required by this subpart or any other State or Federal rule or statute. Credits shall be calculated as follows: (1) The overall equation for calculating sourcewide credits is: where: Credits and all terms of the equation are in units of megagrams per month, the baseline date is November 15, 1990, and D = Discount factor = 0.9 for all credit-generating emission points except those controlled by a pollution prevention measure, which will not be discounted. EPV1 iACTUAL (0.02) EPV1 iu iu EPV2 iBASE EPV2 iACTUAL ES1 iACTUAL (0.05) ES1 iu iu ES2 iACTUAL ES2 iBASE EGLR1 iACTUAL EGLR ic iu EGRL2 iACTUAL EGLR2 iBASE EMV1 iACTUAL (0.03)EMV1 iu iu EMV2 iACTUAL EMV2 iBASE EWW1 iACTUAL EWW1 ic EWW2 iACTUAL EWW2 iBASE n = Number of Group 1 emission points included in the emissions average. The value of n is not necessarily the same for each kind of emission point. m = Number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for each kind of emission point. (i) For an emission point controlled using a reference control technology, the percentage of reduction for calculating credits shall be no greater than the nominal efficiency associated with the reference control technology, unless a higher nominal efficiency is assigned as specified in paragraph (h)(1)(ii) of this section. (ii) For an emission point controlled to a level more stringent than the reference control technology, the nominal efficiency for calculating credits shall be assigned as described in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedures in paragraph (i) of this section. (iii) For an emission point controlled using a pollution prevention measure, the nominal efficiency for calculating credits shall be determined as described in paragraph (j) of this section. (2) Emissions from process vents shall be determined as follows: (i) Uncontrolled emissions from miscellaneous process vents, EPV1 iu iu (ii) Actual emissions from miscellaneous process vents controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction, EPV1 iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 process vents, EPV2 iACTUAL (A) For a Group 2 process vent controlled by a control device, a recovery device applied as a pollution prevention project, or a pollution prevention measure, if the control achieves a percentage of reduction less than or equal to a 98 percent reduction, ( 1 iu iu 3 ( 2 1 3 4 ( 3 iu iu iu ( 4 (B) For a Group 2 process vent controlled using a technology with an approved nominal efficiency greater than a 98 percent or a pollution prevention measure achieving greater than 98 percent reduction, (iv) Emissions from Group 2 process vents at baseline, EPV2 iBASE (A) If the process vent was uncontrolled on November 15, 1990, EPV2 iBASE iu iu (B) If the process vent was controlled on November 15, 1990, where EPV2 iu iu 1 3 (C) If a recovery device was added to a process vent as part of a pollution prevention project initiated after November 15, 1990, EPV2 iBASE iu iu 3 (3) Emissions from storage vessels shall be determined as specified in § 63.150(h)(3) of subpart G, except as follows: (i) For storage vessels complying with § 63.646: (A) All references to § 63.119(b) in § 63.150(h)(3) of subpart G shall be replaced with: § 63.119(b) or § 63.119(b) except for § 63.119(b)(5) and (6). (B) All references to § 63.119(c) in § 63.150(h)(3) of subpart G shall be replaced with: § 63.119(c) or § 63.119(c) except for § 63.119(c)(2). (C) All references to § 63.119(d) in § 63.150(h)(3) of subpart G shall be replaced with: § 63.119(d) or § 63.119(d) except for § 63.119(d)(2). (ii) For storage vessels complying with § 63.660: (A) Section 63.1063(a)(1)(i), (a)(2), and (b) or § 63.1063(a)(1)(i) and (b) shall apply instead of § 63.119(b) in § 63.150(h)(3) of subpart G. (B) Section 63.1063(a)(1)(ii), (a)(2), and (b) shall apply instead of § 63.119(c) in § 63.150(h)(3) of subpart G. (C) Section 63.1063(a)(1)(i), (a)(2), and (b) or § 63.1063(a)(1)(i) and (b) shall apply instead of § 63.119(d) in § 63.150(h)(3) of subpart G. (4) Emissions from gasoline loading racks shall be determined as follows: (i) Uncontrolled emissions from Group 1 gasoline loading racks, EGLR1 iu iu (ii) Emissions from Group 1 gasoline loading racks if the reference control technology had been applied, EGLR ic (iii) Actual emissions from Group 1 gasoline loading racks controlled to less than 10 milligrams of TOC per liter of gasoline loaded; EGLR iACTUAL (iv) The following procedures shall be used to calculate actual emissions from Group 2 gasoline loading racks, EGLR2 iACTUAL (A) For a Group 2 gasoline loading rack controlled by a control device or a pollution prevention measure achieving emissions reduction but where emissions are greater than the 10 milligrams of TOC per liter of gasoline loaded requirement, ( 1 iu iu ( 2 1 2 (B) For a Group 2 gasoline loading rack controlled by using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than a 98-percent reduction, (v) Emissions from Group 2 gasoline loading racks at baseline, EGLR2 iBASE (A) If the gasoline loading rack was uncontrolled on November 15, 1990, EGLR2 iBASE iu iu (B) If the gasoline loading rack was controlled on November 15, 1990, where EGLR2 iu iu 1 2 (5) Emissions from marine tank vessels shall be determined as follows: (i) Uncontrolled emissions from Group 1 marine tank vessels, EMV1 iu iu (ii) Actual emissions from Group 1 marine tank vessels controlled using a technology or pollution prevention measure with an approved nominal efficiency greater than 97 percent, EMV iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 marine tank vessels, EMV2 iACTUAL (A) For a Group 2 marine tank vessel controlled by a control device or a pollution prevention measure achieving a percentage of reduction less than or equal to 97 percent reduction, ( 1 iu iu ( 2 1 2 (B) For a Group 2 marine tank vessel controlled using a technology or a pollution prevention measure with an approved nominal efficiency greater than 97 percent, (iv) Emissions from Group 2 marine tank vessels at baseline, EMV2 iBASE (A) If the marine terminal was uncontrolled on November 15, 1990, EMV2 iBASE iu iu (B) If the marine tank vessel was controlled on November 15, 1990, where EMV2 iu iu 1 2 (6) Emissions from wastewater shall be determined as follows: (i) For purposes of paragraphs (h)(4)(ii) through (h)(4)(vi) of this section, the following terms will have the meaning given them in paragraphs (h)(6)(i)(A) through (h)(6)(i)(C) of this section. (A) Correctly suppressed (B) Treatment process (C) Vapor control device (ii) The following equation shall be used for each wastewater stream i to calculate EWW ic where: EWW ic Q i H i Fr m Fe m s = Total number of organic HAP's in wastewater stream i. HAP im (A) HAP im ( 1 ( 2 im im im im m m (B) Values for Q i im im i im im (C) If there is a change to the process or operation such that the previously measured values of Q i im im i im im (iii) The following equations shall be used to calculate EWW1 iACTUAL (A) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency for an individually speciated HAP that is greater than that specified in table 7 of this subpart, and the vapor control device achieves a percentage of reduction equal to 95 percent, the following equation shall be used: Where: EWW iACTUAL PR im Where: HAP im-in HAP im-out All other terms are as defined and determined in paragraph (h)(6)(ii) of this section. (B) If the Group 1 wastewater stream i is not controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency for an individually speciated HAP that is greater than that specified in table 7 of this subpart, but the vapor control device has an approved nominal efficiency greater than 95 percent, the following equation shall be used: Where: Nominal efficiency = Approved reduction efficiency of the vapor control device, dimensionless, as determined according to the procedures in § 63.652(i). A m All other terms are as defined and determined in paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this section. ( 1 m m ( 2 im im m m m iACTUAL im m (C) If the Group 1 wastewater stream i is controlled using a treatment process or series of treatment processes with an approved nominal reduction efficiency for an individually speciated hazardous air pollutant that is greater than that specified in table 7 of this subpart, and the vapor control device has an approved nominal efficiency greater than 95 percent, the following equation shall be used: where all terms are as defined and determined in paragraphs (h)(6)(ii) and (h)(6)(iii)(A) of this section. (iv) The following equation shall be used to calculate EWW2 iBASE Where: EWW2 iBASE Q i i m im (v) The following equation shall be used to calculate EWW2 iBASE iBASE where R i (vi) For Group 2 wastewater streams that are correctly suppressed, EWW2 iACTUAL iBASE iACTUAL (vii) The reduction efficiency, R i (A) Sampling sites shall be selected using Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate. (B) The mass flow rate of organic compounds entering and exiting the control device shall be determined as follows: ( 1 ( 2 ( i ( ii ( 3 Where: E a E b V ap V bp p = Run. m = Number of runs. C aip C bip MW i n = Number of organic compounds in the vent stream. 0.0416 = Conversion factor for molar volume, kilograms-mole per cubic meter at 293 kelvin and 760 millimeters mercury absolute. (C) The organic reduction efficiency for the control device shall be calculated as follows: Where: R = Total organic reduction efficiency for the control device, percentage. E b E a (i) The following procedures shall be followed to establish nominal efficiencies. The procedures in paragraphs (i)(1) through (i)(6) of this section shall be followed for control technologies that are different in use or design from the reference control technologies and achieve greater percentages of reduction than the percentages of efficiency assigned to the reference control technologies in § 63.641. (1) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology, and the different control technology will be used in more than three applications at a single plant site, the owner or operator shall submit the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section to the Administrator in writing: (i) Emission stream characteristics of each emission point to which the control technology is or will be applied including the kind of emission point, flow, organic HAP concentration, and all other stream characteristics necessary to design the control technology or determine its performance; (ii) Description of the control technology including design specifications; (iii) Documentation demonstrating to the Administrator's satisfaction the control efficiency of the control technology. This may include performance test data collected using an appropriate EPA method or any other method validated according to Method 301 of appendix A of this part. If it is infeasible to obtain test data, documentation may include a design evaluation and calculations. The engineering basis of the calculation procedures and all inputs and assumptions made in the calculations shall be documented; and (iv) A description of the parameter or parameters to be monitored to ensure that the control technology will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters). (2) The Administrator shall determine within 120 calendar days whether an application presents sufficient information to determine nominal efficiency. The Administrator reserves the right to request specific data in addition to the items listed in paragraph (i)(1) of this section. (3) The Administrator shall determine within 120 calendar days of the submittal of sufficient data whether a control technology shall have a nominal efficiency and the level of that nominal efficiency. If, in the Administrator's judgment, the control technology achieves a level of emission reduction greater than the reference control technology for a particular kind of emission point, the Administrator will publish a Federal Register (4) The Administrator may grant conditional permission to take emission credits for use of the control technology on requirements that may be necessary to ensure operation and maintenance to achieve the specified nominal efficiency. (5) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology and the different control technology will be used in no more than three applications at a single plant site, the information listed in paragraphs (i)(1)(i) through (i)(1)(iv) of this section can be submitted to the permitting authority for the source for approval instead of the Administrator. (i) In these instances, use and conditions for use of the control technology can be approved by the permitting authority. The permitting authority shall follow the procedures specified in paragraphs (i)(2) through (i)(4) of this section except that, in these instances, a Federal Register (ii) If, in reviewing the submittal, the permitting authority believes the control technology has broad applicability for use by other sources, the permitting authority shall submit the information provided in the application to the Director of the EPA Office of Air Quality Planning and Standards. The Administrator shall review the technology for broad applicability and may publish a Federal Register (6) If, in reviewing an application for a control technology for an emission point, the Administrator or permitting authority determines the control technology is not different in use or design from the reference control technology, the Administrator or permitting authority shall deny the application. (j) The following procedures shall be used for calculating the efficiency (percentage of reduction) of pollution prevention measures: (1) A pollution prevention measure is any practice that meets the criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section. (i) A pollution prevention measure is any practice that results in a lesser quantity of organic HAP emissions per unit of product released to the atmosphere prior to out-of-process recycling, treatment, or control of emissions while the same product is produced. (ii) Pollution prevention measures may include: Substitution of feedstocks that reduce HAP emissions, alterations to the production process to reduce the volume of materials released to the environment, equipment modifications; housekeeping measures, and in-process recycling that returns waste materials directly to production as raw materials. Production cutbacks do not qualify as pollution prevention. (2) The emission reduction efficiency of pollution prevention measures implemented after November 15, 1990 can be used in calculating the actual emissions from an emission point in the debit and credit equations in paragraphs (g) and (h) of this section. (i) For pollution prevention measures, the percentage of reduction used in the equations in paragraphs (g)(2) and (g)(3) of this section and paragraphs (h)(2) through (h)(4) of this section is the difference in percentage between the monthly organic HAP emissions for each emission point after the pollution prevention measure for the most recent month versus monthly emissions from the same emission point before the pollution prevention measure, adjusted by the volume of product produced during the two monthly periods. (ii) The following equation shall be used to calculate the percentage of reduction of a pollution prevention measure for each emission point. Where: Percent reduction = Efficiency of pollution prevention measure (percentage of organic HAP reduction). E B E pp P B B P pp (A) The monthly emissions before the pollution prevention measure, E B (B) For wastewater, E B where: n = Number of wastewater streams. Q Bi H Bi s = Total number of organic HAP's in wastewater stream i. Fe m HAP Bim 2 (C) If the pollution prevention measure was implemented prior to July 14, 1994, records may be used to determine E B (D) The monthly emissions after the pollution prevention measure, E pp (E) For wastewater, E pp where n, Q, H, s, Fe m ppi ppi ppim (iii) All equations, calculations, test procedures, test results, and other information used to determine the percentage of reduction achieved by a pollution prevention measure for each emission point shall be fully documented. (iv) The same pollution prevention measure may reduce emissions from multiple emission points. In such cases, the percentage of reduction in emissions for each emission point must be calculated. (v) For the purposes of the equations in paragraphs (h)(2) through (h)(6) of this section used to calculate credits for emission points controlled more stringently than the reference control technology, the nominal efficiency of a pollution prevention measure is equivalent to the percentage of reduction of the pollution prevention measure. When a pollution prevention measure is used, the owner or operator of a source is not required to apply to the Administrator for a nominal efficiency and is not subject to paragraph (i) of this section. (k) The owner or operator shall demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the State or local permitting authority, greater risk to human health or the environment than if the emission points were controlled according to the provisions in §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as applicable. (1) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the State or local permitting authority. (i) The State or local permitting authority may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination. (ii) The demonstration and approval of hazard or risk equivalency may be made according to any guidance that the EPA makes available for use. (2) Owners and operators shall provide documentation demonstrating the hazard or risk equivalency of their proposed emissions average in their Implementation Plan. (3) An emissions averaging plan that does not demonstrate an equivalent or lower hazard or risk to the satisfaction of the State or local permitting authority shall not be approved. The State or local permitting authority may require such adjustments to the emissions averaging plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as applicable. (4) A hazard or risk equivalency demonstration shall: (i) Be a quantitative, bona fide chemical hazard or risk assessment; (ii) Account for differences in chemical hazard or risk to human health or the environment; and (iii) Meet any requirements set by the State or local permitting authority for such demonstrations. (l) For periods of excess emissions, an owner or operator may request that the provisions of paragraphs (l)(1) through (l)(4) of this section be followed instead of the procedures in paragraphs (f)(3)(i) and (f)(3)(ii) of this section. (1) The owner or operator shall notify the Administrator of excess emissions in the Periodic Reports as required in § 63.655(g)(6). (2) The owner or operator shall demonstrate that other types of monitoring data or engineering calculations are appropriate to establish that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. This demonstration shall be made to the Administrator's satisfaction, and the Administrator may establish procedures for demonstrating compliance that are acceptable. (3) The owner or operator shall provide documentation of the period of excess emissions and the other type of monitoring data or engineering calculations to be used to demonstrate that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. (4) The Administrator may assign full or partial credit and debits upon review of the information provided. [60 FR 43260, Aug. 18, 1995; 60 FR 49976, Sept. 27, 1995; 61 FR 7051, Feb. 23, 1996, as amended at 61 FR 29881, June 12, 1996; 61 FR 33799, June 28, 1996; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015] § 63.653 Monitoring, recordkeeping, and implementation plan for emissions averaging. (a) For each emission point included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for Group 1 emission points complying with §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as applicable. The specific requirements for miscellaneous process vents, storage vessels, wastewater, gasoline loading racks, and marine tank vessels are identified in paragraphs (a)(1) through (7) of this section. (1) The source shall implement the following testing, monitoring, recordkeeping, and reporting procedures for each miscellaneous process vent equipped with a flare, incinerator, boiler, or process heater: (i) Conduct initial performance tests to determine the percentage of reduction as specified in § 63.645 of this subpart and § 63.116 of subpart G; and (ii) Monitor the operating parameters specified in § 63.644, as appropriate for the specific control device. (2) The source shall implement the following procedures for each miscellaneous process vent, equipped with a carbon adsorber, absorber, or condenser but not equipped with a control device: (i) Determine the flow rate and organic HAP concentration using the methods specified in § 63.115 (a)(1) and (a)(2), § 63.115 (b)(1) and (b)(2), and § 63.115(c)(3) of subpart G; and (ii) Monitor the operating parameters specified in § 63.114 of subpart G, as appropriate for the specific recovery device. (3) The source shall implement the following procedures for each storage vessel controlled with an internal floating roof, external roof, or a closed vent system with a control device, as appropriate to the control technique: (i) Perform the monitoring or inspection procedures in § 63.646 and either § 63.120 of subpart G or § 63.1063 of subpart WW, as applicable; and (ii) For closed vent systems with control devices, conduct an initial design evaluation as specified in § 63.646 and either § 63.120(d) of subpart G or § 63.985(b) of subpart SS, as applicable. (4) For each gasoline loading rack that is controlled, perform the testing and monitoring procedures specified in §§ 63.425 and 63.427 of subpart R of this part except § 63.425(d) or § 63.427(c). (5) For each marine tank vessel that is controlled, perform the compliance, monitoring, and performance testing, procedures specified in §§ 63.563, 63.564, and 63.565 of subpart Y of this part. (6) The source shall implement the following procedures for wastewater emission points, as appropriate to the control techniques: (i) For wastewater treatment processes, conduct tests as specified in § 61.355 of subpart FF of part 60; (ii) Conduct inspections and monitoring as specified in §§ 61.343 through 61.349 and § 61.354 of 40 CFR part 61, subpart FF. (7) If an emission point in an emissions average is controlled using a pollution prevention measure or a device or technique for which no monitoring parameters or inspection procedures are specified in §§ 63.643 through 63.645, 63.646 or 63.660, 63.647, 63.650, and 63.651, as applicable, the owner or operator shall establish a site-specific monitoring parameter and shall submit the information specified in § 63.655(h)(4) in the Implementation Plan. (b) Records of all information required to calculate emission debits and credits and records required by § 63.655 shall be retained for 5 years. (c) Notifications of Compliance Status report, Periodic Reports, and other reports shall be submitted as required by § 63.655. (d) Each owner or operator of an existing source who elects to comply with § 63.655(g) and (h) by using emissions averaging for any emission points shall submit an Implementation Plan. (1) The Implementation Plan shall be submitted to the Administrator and approved prior to implementing emissions averaging. This information may be submitted in an operating permit application, in an amendment to an operating permit application, in a separate submittal, in a Notification of Compliance Status Report, in a Periodic Report or in any combination of these documents. If an owner or operator submits the information specified in paragraph (d)(2) of this section at different times, and/or in different submittals, later submittals may refer to earlier submittals instead of duplicating the previously submitted information. (2) The Implementation Plan shall include the information specified in paragraphs (d)(2)(i) through (d)(2)(ix) of this section for all points included in the average. (i) The identification of all emission points in the planned emissions average and notation of whether each emission point is a Group 1 or Group 2 emission point as defined in § 63.641. (ii) The projected annual emission debits and credits for each emission point and the sum for the emission points involved in the average calculated according to § 63.652. The annual projected credits must be greater than the projected debits, as required under § 63.652(e)(3). (iii) The specific control technology or pollution prevention measure that will be used for each emission point included in the average and date of application or expected date of application. (iv) The specific identification of each emission point affected by a pollution prevention measure. To be considered a pollution prevention measure, the criteria in § 63.652(j)(1) must be met. If the same pollution prevention measure reduces or eliminates emissions from multiple emission points in the average, the owner or operator must identify each of these emission points. (v) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in paragraphs (a), (b), and (c) of this section that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance. (vi) Documentation of the information listed in paragraphs (d)(2)(vi)(A) through (d)(2)(vi)(D) of this section for each emission point included in the average. (A) The values of the parameters used to determine whether each emission point in the emissions average is Group 1 or Group 2. (B) The estimated values of all parameters needed for input to the emission debit and credit calculations in § 63.652 (g) and (h). These parameter values or, as appropriate, limited ranges for the parameter values, shall be specified in the source's Implementation Plan as enforceable operating conditions. Changes to these parameters must be reported in the next Periodic Report. (C) The estimated percentage of reduction if a control technology achieving a lower percentage of reduction than the efficiency of the reference control technology, as defined in § 63.641, is or will be applied to the emission point. (D) The anticipated nominal efficiency if a control technology achieving a greater percentage emission reduction than the efficiency of the reference control technology is or will be applied to the emission point. The procedures in § 63.652(i) shall be followed to apply for a nominal efficiency. (vii) The information specified in § 63.655(h)(4) for: (A) Each miscellaneous process vent controlled by a pollution prevention measure or control technique for which monitoring parameters or inspection procedures are not specified in paragraphs (a)(1) or (a)(2) of this section; and (B) Each storage vessel controlled by a pollution prevention measure or a control technique other than an internal or external floating roof or a closed vent system with a control device. (viii) Documentation of the information listed in paragraphs (d)(2)(viii)(A) through (d)(2)(viii)(G) of this section for each process wastewater stream included in the average. (A) The information used to determine whether the wastewater stream is a Group 1 or Group 2 wastewater stream. (B) The estimated values of all parameters needed for input to the wastewater emission credit and debit calculations in § 63.652(h)(6). (C) The estimated percentage of reduction if the wastewater stream is or will be controlled using a treatment process or series of treatment processes that achieves an emission reduction less than or equal to the emission reduction specified in table 7 of this subpart. (D) The estimated percentage of reduction if a control technology achieving less than or equal to 95 percent emission reduction is or will be applied to the vapor stream(s) vented and collected from the treatment processes. (E) The estimated percentage of reduction if a pollution prevention measure is or will be applied. (F) The anticipated nominal efficiency if the owner or operator plans to apply for a nominal efficiency under § 63.652(i). A nominal efficiency shall be applied for if: ( 1 ( 2 (G) For each pollution prevention measure, treatment process, or control device used to reduce air emissions of organic HAP from wastewater and for which no monitoring parameters or inspection procedures are specified in § 63.647, the information specified in § 63.655(h)(4) shall be included in the Implementation Plan. (ix) Documentation required in § 63.652(k) demonstrating the hazard or risk equivalency of the proposed emissions average. (3) The Administrator shall determine within 120 calendar days whether the Implementation Plan submitted presents sufficient information. The Administrator shall either approve the Implementation Plan, request changes, or request that the owner or operator submit additional information. Once the Administrator receives sufficient information, the Administrator shall approve, disapprove, or request changes to the plan within 120 calendar days. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 63 FR 31361, June 9, 1998; 74 FR 55686, Oct. 28, 2009; 80 FR 75246, Dec. 1, 2015] § 63.654 Heat exchange systems. (a) Except as specified in paragraph (b) of this section, the owner or operator of a heat exchange system that meets the criteria in § 63.640(c)(8) must comply with the requirements of paragraphs (c) through (g) of this section. (b) A heat exchange system is exempt from the requirements in paragraphs (c) through (g) of this section if all heat exchangers within the heat exchange system either: (1) Operate with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side; or (2) Employ an intervening cooling fluid containing less than 5 percent by weight of total organic HAP, as determined according to the provisions of § 63.180(d) of this part and table 1 of this subpart, between the process and the cooling water. This intervening fluid must serve to isolate the cooling water from the process fluid and must not be sent through a cooling tower or discharged. For purposes of this section, discharge does not include emptying for maintenance purposes. (c) The owner or operator must perform monitoring to identify leaks of total strippable volatile organic compounds (VOC) from each heat exchange system subject to the requirements of this subpart according to the procedures in paragraphs (c)(1) through (6) of this section. (1) Monitoring locations for closed-loop recirculation heat exchange systems. (i) Each cooling tower return line or any representative riser within the cooling tower prior to exposure to air for each heat exchange system. (ii) Selected heat exchanger exit line(s) so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). (2) Monitoring locations for once-through heat exchange systems. (i) Selected heat exchanger exit line(s) so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). The selected monitoring location may be at a point where discharges from multiple heat exchange systems are combined provided that the combined cooling water flow rate at the monitoring location does not exceed 40,000 gallons per minute. (ii) The inlet water feed line for a once-through heat exchange system prior to any heat exchanger. If multiple heat exchange systems use the same water feed ( i.e., (3) Monitoring method. (4) Monitoring frequency and leak action level for existing sources. (i) Monitor monthly using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 ppmv. (ii) Monitor quarterly using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 3.1 ppmv unless repair is delayed as provided in paragraph (f) of this section. If a repair is delayed as provided in paragraph (f) of this section, monitor monthly. (5) Monitoring frequency and leak action level for new sources. (6) Leak definition. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (c)(2)(ii) of this section, a leak is detected if the difference in the measurement value of the sample taken from a location specified in paragraph (c)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (c)(2)(ii) of this section equals or exceeds the leak action level. (ii) For all other heat exchange systems, a leak is detected if a measurement value of the sample taken from a location specified in either paragraph (c)(1)(i), (c)(1)(ii), or (c)(2)(i) of this section equals or exceeds the leak action level. (d) If a leak is detected, the owner or operator must repair the leak to reduce the measured concentration to below the applicable action level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraphs (e) and (f) of this section. Repair includes re-monitoring at the monitoring location where the leak was identified according to the method specified in paragraph (c)(3) of this section to verify that the measured concentration is below the applicable action level. Actions that can be taken to achieve repair include but are not limited to: (1) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (2) Blocking the leaking tube within the heat exchanger; (3) Changing the pressure so that water flows into the process fluid; (4) Replacing the heat exchanger or heat exchanger bundle; or (5) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (e) If the owner or operator detects a leak when monitoring a cooling tower return line under paragraph (c)(1)(i) of this section, the owner or operator may conduct additional monitoring of each heat exchanger or group of heat exchangers associated with the heat exchange system for which the leak was detected as provided under paragraph (c)(1)(ii) of this section. If no leaks are detected when monitoring according to the requirements of paragraph (c)(1)(ii) of this section, the heat exchange system is considered to meet the repair requirements through re-monitoring of the heat exchange system as provided in paragraph (d) of this section. (f) The owner or operator may delay the repair of a leaking heat exchanger when one of the conditions in paragraph (f)(1) or (f)(2) of this section is met and the leak is less than the delay of repair action level specified in paragraph (f)(3) of this section. The owner or operator must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak. (1) If the repair is technically infeasible without a shutdown and the total strippable hydrocarbon concentration is initially and remains less than the delay of repair action level for all monthly monitoring periods during the delay of repair, the owner or operator may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monthly monitoring, the delay of repair action level is exceeded, the owner or operator must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (2) If the necessary equipment, parts, or personnel are not available and the total strippable hydrocarbon concentration is initially and remains less than the delay of repair action level for all monthly monitoring periods during the delay of repair, the owner or operator may delay the repair for a maximum of 120 calendar days. The owner or operator must demonstrate that the necessary equipment, parts, or personnel were not available. If, during subsequent monthly monitoring, the delay of repair action level is exceeded, the owner or operator must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (3) The delay of repair action level is a total strippable hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv. The delay of repair action level is assessed as described in paragraph (f)(3)(i) or (f)(3)(ii) of this section, as applicable. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (c)(2)(ii) of this section, the delay of repair action level is exceeded if the difference in the measurement value of the sample taken from a location specified in paragraph (c)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (c)(2)(ii) of this section equals or exceeds the delay of repair action level. (ii) For all other heat exchange systems, the delay of repair action level is exceeded if a measurement value of the sample taken from a location specified in either paragraphs (c)(1)(i), (c)(1)(ii), or (c)(2)(i) of this section equals or exceeds the delay of repair action level. (g) To delay the repair under paragraph (f) of this section, the owner or operator must record the information in paragraphs (g)(1) through (4) of this section. (1) The reason(s) for delaying repair. (2) A schedule for completing the repair as soon as practical. (3) The date and concentration of the leak as first identified and the results of all subsequent monthly monitoring events during the delay of repair. (4) An estimate of the potential strippable hydrocarbon emissions from the leaking heat exchange system or heat exchanger for each required delay of repair monitoring interval following the procedures in paragraphs (g)(4)(i) through (iv) of this section. (i) Determine the leak concentration as specified in paragraph (c) of this section and convert the stripping gas leak concentration (in ppmv as methane) to an equivalent liquid concentration, in parts per million by weight (ppmw), using equation 7-1 from “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” Revision Number One, dated January 2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas Commission on Environmental Quality, January 31, 2003 (incorporated by reference—see § 63.14) and the molecular weight of 16 grams per mole (g/mol) for methane. (ii) Determine the mass flow rate of the cooling water at the monitoring location where the leak was detected. If the monitoring location is an individual cooling tower riser, determine the total cooling water mass flow rate to the cooling tower. Cooling water mass flow rates may be determined using direct measurement, pump curves, heat balance calculations, or other engineering methods. Volumetric flow measurements may be used and converted to mass flow rates using the density of water at the specific monitoring location temperature or using the default density of water at 25 degrees Celsius, which is 997 kilograms per cubic meter or 8.32 pounds per gallon. (iii) For delay of repair monitoring intervals prior to repair of the leak, calculate the potential strippable hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the monitoring interval by multiplying the leak concentration in the cooling water, ppmw, determined in (g)(4)(i) of this section, by the mass flow rate of the cooling water determined in (g)(4)(ii) of this section and by the duration of the delay of repair monitoring interval. The duration of the delay of repair monitoring interval is the time period starting at midnight on the day of the previous monitoring event or at midnight on the day the repair would have had to be completed if the repair had not been delayed, whichever is later, and ending at midnight of the day the of the current monitoring event. (iv) For delay of repair monitoring intervals ending with a repaired leak, calculate the potential strippable hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the final delay of repair monitoring interval by multiplying the duration of the final delay of repair monitoring interval by the leak concentration and cooling water flow rates determined for the last monitoring event prior to the re-monitoring event used to verify the leak was repaired. The duration of the final delay of repair monitoring interval is the time period starting at midnight of the day of the last monitoring event prior to re-monitoring to verify the leak was repaired and ending at the time of the re-monitoring event that verified that the leak was repaired. [74 FR 55686, Oct. 28, 2009, as amended at 75 FR 37731, June 30, 2010; 78 FR 37146, June 20, 2013] § 63.655 Reporting and recordkeeping requirements. (a) Each owner or operator subject to the wastewater provisions in § 63.647 shall comply with the recordkeeping and reporting provisions in §§ 61.356 and 61.357 of 40 CFR part 61, subpart FF unless they are complying with the wastewater provisions specified in paragraph (o)(2)(ii) of § 63.640. There are no additional reporting and recordkeeping requirements for wastewater under this subpart unless a wastewater stream is included in an emissions average. Recordkeeping and reporting for emissions averages are specified in § 63.653 and in paragraphs (f)(5) and (g)(8) of this section. (b) Each owner or operator subject to the gasoline loading rack provisions in § 63.650 shall comply with the recordkeeping and reporting provisions in § 63.428 (b) and (c), (g)(1), (h)(1) through (h)(3), and (k) of subpart R. These requirements are summarized in table 4 of this subpart. There are no additional reporting and recordkeeping requirements for gasoline loading racks under this subpart unless a loading rack is included in an emissions average. Recordkeeping and reporting for emissions averages are specified in § 63.653 and in paragraphs (f)(5) and (g)(8) of this section. (c) Each owner or operator subject to the marine tank vessel loading operation standards in § 63.651 shall comply with the recordkeeping and reporting provisions in §§ 63.567(a) and 63.567(c) through (k) of subpart Y. These requirements are summarized in table 5 of this subpart. There are no additional reporting and recordkeeping requirements for marine tank vessel loading operations under this subpart unless marine tank vessel loading operations are included in an emissions average. Recordkeeping and reporting for emissions averages are specified in § 63.653 and in paragraphs (f)(5) and (g)(8) of this section. (d) Each owner or operator subject to the equipment leaks standards in § 63.648 shall comply with the recordkeeping and reporting provisions in paragraphs (d)(1) through (d)(6) of this section. (1) Sections 60.486 and 60.487 of subpart VV of part 60 except as specified in paragraph (d)(1)(i) of this section; or §§ 63.181 and 63.182 of subpart H of this part except for §§ 63.182(b), (c)(2), and (c)(4). (i) The signature of the owner or operator (or designate) whose decision it was that a repair could not be effected without a process shutdown is not required to be recorded. Instead, the name of the person whose decision it was that a repair could not be effected without a process shutdown shall be recorded and retained for 2 years. (ii) [Reserved] (2) The Notification of Compliance Status report required by § 63.182(c) of subpart H and the initial semiannual report required by § 60.487(b) of 40 CFR part 60, subpart VV shall be submitted within 150 days of the compliance date specified in § 63.640(h); the requirements of subpart H of this part are summarized in table 3 of this subpart. (3) An owner or operator who determines that a compressor qualifies for the hydrogen service exemption in § 63.648 shall also keep a record of the demonstration required by § 63.648. (4) An owner or operator must keep a list of identification numbers for valves that are designated as leakless per § 63.648(c)(10). (5) An owner or operator must identify, either by list or location (area or refining process unit), equipment in organic HAP service less than 300 hours per year within refining process units subject to this subpart. (6) An owner or operator must keep a list of reciprocating pumps and compressors determined to be exempt from seal requirements as per §§ 63.648 (f) and (i). (e) Each owner or operator of a source subject to this subpart shall submit the reports listed in paragraphs (e)(1) through (e)(3) of this section except as provided in paragraph (h)(5) of this section, and shall keep records as described in paragraph (i) of this section. (1) A Notification of Compliance Status report as described in paragraph (f) of this section; (2) Periodic Reports as described in paragraph (g) of this section; and (3) Other reports as described in paragraph (h) of this section. (f) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status report within 150 days after the compliance dates specified in § 63.640(h) with the exception of Notification of Compliance Status reports submitted to comply with § 63.640(l)(3) and for storage vessels subject to the compliance schedule specified in § 63.640(h)(2). Notification of Compliance Status reports required by § 63.640(l)(3) and for storage vessels subject to the compliance dates specified in § 63.640(h)(2) shall be submitted according to paragraph (f)(6) of this section. This information may be submitted in an operating permit application, in an amendment to an operating permit application, in a separate submittal, or in any combination of the three. If the required information has been submitted before the date 150 days after the compliance date specified in § 63.640(h), a separate Notification of Compliance Status report is not required within 150 days after the compliance dates specified in § 63.640(h). If an owner or operator submits the information specified in paragraphs (f)(1) through (5) of this section at different times, and/or in different submittals, later submittals may refer to earlier submittals instead of duplicating and resubmitting the previously submitted information. Each owner or operator of a gasoline loading rack classified under Standard Industrial Classification Code 2911 located within a contiguous area and under common control with a petroleum refinery subject to the standards of this subpart shall submit the Notification of Compliance Status report required by subpart R of this part within 150 days after the compliance dates specified in § 63.640(h). (1) The Notification of Compliance Status report shall include the information specified in paragraphs (f)(1)(i) through (viii) of this section. (i) For storage vessels, this report shall include the information specified in paragraphs (f)(1)(i)(A) through (f)(1)(i)(D) of this section. (A) Identification of each storage vessel subject to this subpart, and for each Group 1 storage vessel subject to this subpart, the information specified in paragraphs (f)(1)(i)(A)( 1 3 ( 1 i.e., ( 2 ( 3 (B) If a closed vent system and a control device other than a flare is used to comply with § 63.646 or § 63.660, the owner or operator shall submit: ( 1 ( 2 ( 3 (C) If a closed vent system and control device other than a flare is used, the owner or operator shall submit: ( 1 ( 2 (D) If a closed vent system and a flare is used, the owner or operator shall submit: ( 1 ( 2 ( 3 (ii) For miscellaneous process vents, identification of each miscellaneous process vent subject to this subpart, whether the process vent is Group 1 or Group 2, and the method of compliance for each Group 1 miscellaneous process vent that is not included in an emissions average (e.g., use of a flare or other control device meeting the requirements of § 63.643(a)). (iii) For miscellaneous process vents controlled by control devices required to be tested under §§ 63.645 and 63.116(c), performance test results including the information in paragraphs (f)(1)(iii)(A) and (B) of this section. Results of a performance test conducted prior to the compliance date of this subpart can be used provided that the test was conducted using the methods specified in § 63.645 and that the test conditions are representative of current operating conditions. If the performance test is submitted electronically through the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) in accordance with § 63.655(h)(9), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Notification of Compliance Status in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the Notification of Compliance Status is submitted. (A) The percentage of reduction of organic HAP's or TOC, or the outlet concentration of organic HAP's or TOC (parts per million by volume on a dry basis corrected to 3 percent oxygen), determined as specified in § 63.116(c) of subpart G of this part; and (B) The value of the monitored parameters specified in table 10 of this subpart, or a site-specific parameter approved by the permitting authority, averaged over the full period of the performance test. (iv) For miscellaneous process vents controlled by flares, initial compliance test results including the information in paragraphs (f)(1)(iv)(A) and (B) of this section. (A) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by §§ 63.645 and 63.116(a) of subpart G or § 63.670(h), as applicable; and (B) A statement of whether a flame was present at the pilot light over the full period of the compliance determination. (v) For equipment leaks complying with § 63.648(c) (i.e., complying with the requirements of subpart H of this part), the Notification of Compliance Report Status report information required by § 63.182(c) of subpart H and whether the percentage of leaking valves will be reported on a process unit basis or a sourcewide basis. (vi) For each heat exchange system, identification of the heat exchange systems that are subject to the requirements of this subpart. For heat exchange systems at existing sources, the owner or operator shall indicate whether monitoring will be conducted as specified in § 63.654(c)(4)(i) or § 63.654(c)(4)(ii). (vii) For pressure relief devices in organic HAP service subject to the requirements in § 63.648(j)(3)(i) and (ii), this report shall include the information specified in paragraphs (f)(1)(vii)(A) and (B) of this section. (A) A description of the monitoring system to be implemented, including the relief devices and process parameters to be monitored, and a description of the alarms or other methods by which operators will be notified of a pressure release. (B) A description of the prevention measures to be implemented for each affected pressure relief device. (viii) For each delayed coking unit, identification of whether the unit is an existing affected source or a new affected source and whether monitoring will be conducted as specified in § 63.657(b) or (c). (2) If initial performance tests are required by §§ 63.643 through 63.653, the Notification of Compliance Status report shall include one complete test report for each test method used for a particular source. On and after February 1, 2016, for data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (i) For additional tests performed using the same method, the results specified in paragraph (f)(1) of this section shall be submitted, but a complete test report is not required. (ii) A complete test report shall include a sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (iii) Performance tests are required only if specified by §§ 63.643 through 63.653 of this subpart. Initial performance tests are required for some kinds of emission points and controls. Periodic testing of the same emission point is not required. (3) For each monitored parameter for which a range is required to be established under § 63.120(d) of subpart G or § 63.985(b) of subpart SS for storage vessels or § 63.644 for miscellaneous process vents, the Notification of Compliance Status report shall include the information in paragraphs (f)(3)(i) through (iii) of this section. (i) The specific range of the monitored parameter(s) for each emission point; (ii) The rationale for the specific range for each parameter for each emission point, including any data and calculations used to develop the range and a description of why the range ensures compliance with the emission standard. (A) If a performance test is required by this subpart for a control device, the range shall be based on the parameter values measured during the performance test supplemented by engineering assessments and manufacturer's recommendations. Performance testing is not required to be conducted over the entire range of permitted parameter values. (B) If a performance test is not required by this subpart for a control device, the range may be based solely on engineering assessments and manufacturers' recommendations. (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (4) Results of any continuous monitoring system performance evaluations shall be included in the Notification of Compliance Status report, unless the results are required to be submitted electronically by § 63.655(h)(9). For performance evaluation results required to be submitted through CEDRI, submit the results in accordance with § 63.655(h)(9) by the date that you submit the Notification of Compliance Status and include the process unit where the CMS is installed, the parameter measured by the CMS, and the date that the performance evaluation was conducted in the Notification of Compliance Status. (5) For emission points included in an emissions average, the Notification of Compliance Status report shall include the values of the parameters needed for input to the emission credit and debit equations in § 63.652(g) and (h), calculated or measured according to the procedures in § 63.652(g) and (h), and the resulting credits and debits for the first quarter of the year. The first quarter begins on the compliance date specified in § 63.640. (6) Notification of Compliance Status reports required by § 63.640(l)(3) and for storage vessels subject to the compliance dates specified in § 63.640(h)(2) shall be submitted no later than 60 days after the end of the 6-month period during which the change or addition was made that resulted in the Group 1 emission point or the existing Group 1 storage vessel was brought into compliance, and may be combined with the periodic report. Six-month periods shall be the same 6-month periods specified in paragraph (g) of this section. The Notification of Compliance Status report shall include the information specified in paragraphs (f)(1) through (f)(5) of this section. This information may be submitted in an operating permit application, in an amendment to an operating permit application, in a separate submittal, as part of the periodic report, or in any combination of these four. If the required information has been submitted before the date 60 days after the end of the 6-month period in which the addition of the Group 1 emission point took place, a separate Notification of Compliance Status report is not required within 60 days after the end of the 6-month period. If an owner or operator submits the information specified in paragraphs (f)(1) through (f)(5) of this section at different times, and/or in different submittals, later submittals may refer to earlier submittals instead of duplicating and resubmitting the previously submitted information. (g) The owner or operator of a source subject to this subpart shall submit Periodic Reports no later than 60 days after the end of each 6-month period when any of the information specified in paragraphs (g)(1) through (7) of this section or paragraphs (g)(9) through (14) of this section is collected. The first 6-month period shall begin on the date the Notification of Compliance Status report is required to be submitted. A Periodic Report is not required if none of the events identified in paragraphs (g)(1) through (7) of this section or paragraphs (g)(9) through (14) of this section occurred during the 6-month period unless emissions averaging is utilized. Quarterly reports must be submitted for emission points included in emission averages, as provided in paragraph (g)(8) of this section. An owner or operator may submit reports required by other regulations in place of or as part of the Periodic Report required by this paragraph (g) if the reports contain the information required by paragraphs (g)(1) through (14) of this section. The Periodic Report must contain company identifier information (including the company name and address), the beginning and ending dates of the time period covered by the report, and the information specified in paragraphs (g)(1) through (14) of this section, and it must be submitted in accordance with § 63.10(a) of this part. On or after April 4, 2024, upon initial startup, or once the form has been available on the CEDRI website for six months, whichever date is later, owners or operators must submit all subsequent Periodic Reports in accordance with § 63.10(a) of this part except for the items in paragraphs (g)(10)(iv) and (11)(iv) of this section. The items in paragraphs (g)(10)(iv) and (11)(iv) of this section must be submitted using the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) For storage vessels, Periodic Reports shall include the information specified for Periodic Reports in paragraphs (g)(2) through (5) of this section. Information related to gaskets, slotted membranes, and sleeve seals is not required for storage vessels that are part of an existing source complying with § 63.646. (2) Internal floating roofs. (A) For vessels for which annual inspections are required under § 63.120(a)(2)(i) or (a)(3)(ii) of subpart G, the specifications and requirements listed in paragraphs (g)(2)(i)(A)( 1 3 ( 1 ( 2 3 ( 3 (B) For vessels for which inspections are required under § 63.120(a)(2)(ii), (a)(3)(i), or (a)(3)(iii) of subpart G ( i.e. 1 2 ( 1 ( 2 (ii) An owner or operator who elects to comply with § 63.660 by using a fixed roof and an internal floating roof shall submit the results of each inspection conducted in accordance with § 63.1063(c)(1), (d)(1), and (d)(2) of subpart WW in which a failure is detected in the control equipment. For vessels for which inspections are required under § 63.1063(c) and (d), the specifications and requirements listed in paragraphs (g)(2)(ii)(A) through (C) of this section apply. (A) A failure is defined in § 63.1063(d)(1) of subpart WW. (B) Each Periodic Report shall include a copy of the inspection record required by § 63.1065(b) of subpart WW when a failure occurs. (C) An owner or operator who elects to use an extension in accordance with § 63.1063(e)(2) of subpart WW shall, in the next Periodic Report, submit the documentation required by § 63.1063(e)(2). (3) External floating roofs. (A) The owner or operator shall submit, as part of the Periodic Report, documentation of the results of each seal gap measurement made in accordance with § 63.120(b) of subpart G in which the seal and seal gap requirements of § 63.120(b)(3), (4), (5), or (6) of subpart G are not met. This documentation shall include the information specified in paragraphs (g)(3)(i)(A)( 1 4 ( 1 ( 2 ( 3 ( 4 (B) If an extension is utilized in accordance with § 63.120(b)(7)(ii) or (b)(8) of subpart G, the owner or operator shall, in the next Periodic Report, identify the vessel; include the documentation specified in § 63.120(b)(7)(ii) or (b)(8) of subpart G, as applicable; and describe the date the vessel was emptied and the nature of and date the repair was made. (C) The owner or operator shall submit, as part of the Periodic Report, documentation of any failures that are identified during visual inspections required by § 63.120(b)(10) of subpart G. This documentation shall meet the specifications and requirements in paragraphs (g)(3)(i)(C)( 1 2 ( 1 ( 2 (ii) An owner or operator who elects to comply with § 63.660 by using an external floating roof shall meet the periodic reporting requirements specified in paragraphs (g)(3)(ii)(A) and (B) of this section. (A) For vessels for which inspections are required under § 63.1063(c)(2), (d)(1), and (d)(3) of subpart WW, the owner or operator shall submit, as part of the Periodic Report, a copy of the inspection record required by § 63.1065(b) of subpart WW when a failure occurs. A failure is defined in § 63.1063(d)(1). (B) An owner or operator who elects to use an extension in accordance with § 63.1063(e)(2) or (c)(2)(iv)(B) of subpart WW shall, in the next Periodic Report, submit the documentation required by those paragraphs. (4) [Reserved] (5) An owner or operator who elects to comply with § 63.646 or § 63.660 by installing a closed vent system and control device shall submit, as part of the next Periodic Report, the information specified in paragraphs (g)(5)(i) through (v) of this section, as applicable. (i) The Periodic Report shall include the information specified in paragraphs (g)(5)(i)(A) and (B) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of either § 63.119(e)(1) or (2) of subpart G, § 63.985(a) and (b) of subpart SS, or § 63.670, as applicable. (A) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods. (B) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the requirements of either § 63.119(e)(1) or (2) of subpart G, § 63.985(a) and (b) of subpart SS, or § 63.670, as applicable, due to planned routine maintenance. (ii) If a control device other than a flare is used, the Periodic Report shall describe each occurrence when the monitored parameters were outside of the parameter ranges documented in the Notification of Compliance Status report. The description shall include: Identification of the control device for which the measured parameters were outside of the established ranges, and causes for the measured parameters to be outside of the established ranges. (iii) If a flare is used prior to January 30, 2019 and prior to electing to comply with the requirements in § 63.670, the Periodic Report shall describe each occurrence when the flare does not meet the general control device requirements specified in § 63.11(b) of subpart A and shall include: Identification of the flare that does not meet the general requirements specified in § 63.11(b) of subpart A, and reasons the flare did not meet the general requirements specified in § 63.11(b) of subpart A. (iv) If a flare is used on or after the date for which compliance with the requirements in § 63.670 is elected, which can be no later than January 30, 2019, the Periodic Report shall include the items specified in paragraph (g)(11) of this section. (v) An owner or operator who elects to comply with § 63.660 by installing an alternate control device as described in § 63.1064 of subpart WW shall submit, as part of the next Periodic Report, a written application as described in § 63.1066(b)(3) of subpart WW. (6) For miscellaneous process vents for which continuous parameter monitors are required by this subpart, periods of excess emissions shall be identified in the Periodic Reports and shall be used to determine compliance with the emission standards. (i) Period of excess emission means any of the following conditions: (A) An operating day when the daily average value of a monitored parameter, except presence of a flare pilot flame, is outside the range specified in the Notification of Compliance Status report. Monitoring data recorded during periods of monitoring system breakdown, repairs, calibration checks and zero (low-level) and high-level adjustments shall not be used in computing daily average values of monitored parameters. (B) An operating day when all pilot flames of a flare are absent. (C) An operating day when monitoring data required to be recorded in paragraphs (i)(3) (i) and (ii) of this section are available for less than 75 percent of the operating hours. (D) For data compression systems under paragraph (h)(5)(iii) of this section, an operating day when the monitor operated for less than 75 percent of the operating hours or a day when less than 18 monitoring values were recorded. (ii) For miscellaneous process vents, excess emissions shall be reported for the operating parameters specified in table 10 of this subpart unless other site-specific parameter(s) have been approved by the operating permit authority. (iii) For periods in closed vent systems when a Group 1 miscellaneous process vent stream was detected in the bypass line or diverted from the control device and either directly to the atmosphere or to a control device that does not comply with the requirements in § 63.643(a), report the date, time, duration, estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting mass emissions of organic HAP that bypassed the control device. For periods when the flow indicator is not operating, report the date, time, and duration. (7) If a performance test for determination of compliance for a new emission point subject to this subpart or for an emission point that has changed from Group 2 to Group 1 is conducted during the period covered by a Periodic Report, the results of the performance test shall be included in the Periodic Report. (i) Results of the performance test shall include the identification of the source tested, the date of the test, the percentage of emissions reduction or outlet pollutant concentration reduction (whichever is needed to determine compliance) for each run and for the average of all runs, and the values of the monitored operating parameters. (ii) The complete test report shall be maintained onsite. (8) The owner or operator of a source shall submit quarterly reports for all emission points included in an emissions average. (i) The quarterly reports shall be submitted no later than 60 calendar days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status report no later than 150 days after the compliance date specified in § 63.640. (ii) The quarterly reports shall include: (A) The information specified in this paragraph and in paragraphs (g)(2) through (g)(7) of this section for all storage vessels and miscellaneous process vents included in an emissions average; (B) The information required to be reported by § 63.428 (h)(1), (h)(2), and (h)(3) for each gasoline loading rack included in an emissions average, unless this information has already been submitted in a separate report; (C) The information required to be reported by § 63.567(e)(4) and (j)(3) of subpart Y for each marine tank vessel loading operation included in an emissions average, unless the information has already been submitted in a separate report; (D) Any information pertaining to each wastewater stream included in an emissions average that the source is required to report under the Implementation Plan for the source; (E) The credits and debits calculated each month during the quarter; (F) A demonstration that debits calculated for the quarter are not more than 1.30 times the credits calculated for the quarter, as required under §§ 63.652(e)(4); (G) The values of any inputs to the credit and debit equations in § 63.652 (g) and (h) that change from month to month during the quarter or that have changed since the previous quarter; and (H) Any other information the source is required to report under the Implementation Plan for the source. (iii) Every fourth quarterly report shall include the following: (A) A demonstration that annual credits are greater than or equal to annual debits as required by § 63.652(e)(3); and (B) A certification of compliance with all the emissions averaging provisions in § 63.652 of this subpart. (9) For heat exchange systems, Periodic Reports must include the following information: (i) The number of heat exchange systems at the plant site subject to the monitoring requirements in § 63.654. (ii) The number of heat exchange systems at the plant site found to be leaking. (iii) For each monitoring location where the total strippable hydrocarbon concentration was determined to be equal to or greater than the applicable leak definitions specified in § 63.654(c)(6), identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration, the date the leak was first identified, and, if applicable, the date the source of the leak was identified; (iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration measured during re-monitoring to verify repair, and the re-monitoring date ( i.e. (v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate of the potential strippable hydrocarbon emissions over the reporting period associated with the delayed repair. (10) For pressure relief devices subject to the requirements § 63.648(j), Periodic Reports must include the information specified in paragraphs (g)(10)(i) through (iv) of this section. Owners or operators must submit the Periodic Report in accordance with § 63.10(a) of this part. On or after April 4, 2024 or once the report template for this subpart has been available on the CEDRI website for six months, whichever date is later, owners or operators must submit subsequent Periodic Reports in accordance with § 63.10(a) of this part except for the items in paragraph (iv) of this section. The items in paragraph (iv) of this section must be submitted using the appropriate electronic report template on the CEDRI website for this subpart and following the procedures specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Refinery Sector lead. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated state agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. (i) For pressure relief devices in organic HAP gas or vapor service, pursuant to § 63.648(j)(1), report any instrument reading of 500 ppm or greater. (ii) For pressure relief devices in organic HAP gas or vapor service subject to § 63.648(j)(2), report confirmation that any monitoring required to be done during the reporting period to show compliance was conducted. (iii) For pilot-operated pressure relief devices in organic HAP service, report each pressure release to the atmosphere through the pilot vent that equals or exceeds 72 pounds of VOC per day, including duration of the pressure release through the pilot vent and estimate of the mass quantity of each organic HAP released. (iv) For each pressure release to the atmosphere during the reporting period from a pressure relief device in organic HAP service subject to § 63.648(j)(3), report the following information: (A) Pressure relief device identification name or number. (B) The start time and date of the pressure release. (C) The duration of the pressure release (in hours). (D) An estimate of the mass quantity of each organic HAP released (in pounds). (E) The results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (11) For flares subject to § 63.670, Periodic Reports must include the information specified in paragraphs (g)(11)(i) through (iv) of this section. Owners or operators must submit the Periodic Report in accordance with § 63.10(a) of this part. On or after April 4, 2024 or once the report template for this subpart has been available on the CEDRI website for six months, whichever date is later, owners or operators must submit subsequent Periodic Reports in accordance with § 63.10(a) of this part except for the items in paragraph (iv) of this section. The items in paragraph (iv) of this section must be submitted using the appropriate electronic report template on the CEDRI website and following the procedures specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Refinery Sector lead. The date report templates become available will be listed on the CEDRI website. Unless the Administrator or delegated State agency or other authority has approved a different schedule for submission of reports, the report must be submitted by the deadline specified in this subpart, regardless of the method in which the report is submitted. (i) Records as specified in paragraph (i)(9)(i) of this section for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame is present. (ii) Visible emission records as specified in paragraph (i)(9)(ii)(C) of this section for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. (iii) The 15-minute block periods for which the applicable operating limits specified in § 63.670(d) through (f) are not met. Indicate the date and time for the period, the type of deviation (e.g., flare tip velocity, valve position for pressure-assisted flares, combustion zone net heating value, or net heating value dilution parameter) and the flare tip velocity, if applicable, and the net heating value operating parameter(s) determined following the methods in § 63.670(k) through (n) as applicable. (iv) An indication whether there were any flaring events meeting the criteria in § 63.670(o)(3) that occurred during the reporting period. If there were flaring events meeting the criteria in § 63.670(o)(3), report the following information for each such flaring event: (A) Flare identification name or number. (B) The type of flaring event. (C) The start and stop time and date of the flaring event. (D) The length of time (in minutes) for which emissions were visible from the flare during the event. (E) The periods of time that the flare tip velocity exceeds the maximum flare tip velocity determined using the methods in § 63.670(d)(2) and the maximum 15-minute block average flare tip velocity recorded during the event. (F) Results of the root cause and corrective actions analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (12) For delayed coking units, the Periodic Report must include the information specified in paragraphs (g)(12)(i) through (iv) of this section. (i) For existing source delayed coking units, any 60-cycle average exceeding the applicable limit in § 63.657(a)(1). (ii) For new source delayed coking units, any direct venting event exceeding the applicable limit in § 63.657(a)(2). (iii) The total number of double quenching events performed during the reporting period. (iv) For each double quenching draining event when the drain water temperature exceeded 210 °F, report the drum, date, time, the coke drum vessel pressure or temperature, as applicable, when pre-vent draining was initiated, and the maximum drain water temperature during the pre-vent draining period. (13) For maintenance vents subject to the requirements in § 63.643(c), Periodic Reports must include the information specified in paragraphs (g)(13)(i) through (iv) of this section for any release exceeding the applicable limits in § 63.643(c)(1). For the purposes of this reporting requirement, owners or operators complying with § 63.643(c)(1)(iv) must report each venting event for which the lower explosive limit is 20 percent or greater; owners or operators complying with § 63.643(c)(1)(v) must report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required. (i) Identification of the maintenance vent and the equipment served by the maintenance vent. (ii) The date and time the maintenance vent was opened to the atmosphere. (iii) The lower explosive limit, vessel pressure, or mass of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in § 63.643(c)(1)(ii) was used and active purging was initiated while the concentration of the vapors was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (iv) An estimate of the mass of organic HAP released during the entire atmospheric venting event. (14) Any changes in the information provided in a previous Notification of Compliance Status report. (h) Other reports shall be submitted as specified in subpart A of this part and as follows: (1) [Reserved] (2) For storage vessels, notifications of inspections as specified in paragraphs (h)(2)(i) and (ii) of this section. (i) In order to afford the Administrator the opportunity to have an observer present, the owner or operator shall notify the Administrator of the refilling of each Group 1 storage vessel that has been emptied and degassed. (A) Except as provided in paragraphs (h)(2)(i) (B) and (C) of this section, the owner or operator shall notify the Administrator in writing at least 30 calendar days prior to filling or refilling of each storage vessel with organic HAP's to afford the Administrator the opportunity to inspect the storage vessel prior to refilling. (B) Except as provided in paragraph (h)(2)(i)(C) of this section, if the internal inspection required by § 63.120(a)(2), (a)(3), or (b)(10) of subpart G or § 63.1063(d)(1) of subpart WW is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel with organic HAP, the owner or operator shall notify the Administrator at least 7 calendar days prior to refilling of the storage vessel. Notification may be made by telephone and immediately followed by written documentation demonstrating why the inspection was unplanned. This notification, including the written documentation, may also be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to the refilling. (C) The State or local permitting authority can waive the notification requirements of paragraphs (h)(2)(i)(A) and/or (h)(2)(i)(B) of this section for all or some storage vessels at petroleum refineries subject to this subpart. The State or local permitting authority may also grant permission to refill storage vessels sooner than 30 days after submitting the notification required by paragraph (h)(2)(i)(A) of this section, or sooner than 7 days after submitting the notification required by paragraph (h)(2)(i)(B) of this section for all storage vessels, or for individual storage vessels on a case-by-case basis. (ii) In order to afford the Administrator the opportunity to have an observer present, the owner or operator of a storage vessel equipped with an external floating roof shall notify the Administrator of any seal gap measurements. The notification shall be made in writing at least 30 calendar days in advance of any gap measurements required by § 63.120(b)(1) or (2) or § 63.1063(d)(3). The State or local permitting authority can waive this notification requirement for all or some storage vessels subject to the rule or can allow less than 30 calendar days' notice. (3) For owners or operators of sources required to request approval for a nominal control efficiency for use in calculating credits for an emissions average, the information specified in § 63.652(h). (4) The owner or operator who requests approval to monitor a different parameter than those listed in § 63.644 for miscellaneous process vents or who is required by § 63.653(a)(8) to establish a site-specific monitoring parameter for a point in an emissions average shall submit the information specified in paragraphs (h)(4)(i) through (h)(4)(iii) of this section. For new or reconstructed sources, the information shall be submitted with the application for approval of construction or reconstruction required by § 63.5(d) of subpart A and for existing sources, and the information shall be submitted no later than 18 months prior to the compliance date. The information may be submitted in an operating permit application, in an amendment to an operating permit application, or in a separate submittal. (i) A description of the parameter(s) to be monitored to determine whether excess emissions occur and an explanation of the criteria used to select the parameter(s). (ii) A description of the methods and procedures that will be used to demonstrate that the parameter can be used to determine excess emissions and the schedule for this demonstration. The owner or operator must certify that they will establish a range for the monitored parameter as part of the Notification of Compliance Status report required in paragraphs (e) and (f) of this section. (iii) The frequency and content of monitoring, recording, and reporting if: monitoring and recording are not continuous; or if periods of excess emissions, as defined in paragraph (g)(6) of this section, will not be identified in Periodic Reports required under paragraphs (e) and (g) of this section. The rationale for the proposed monitoring, recording, and reporting system shall be included. (5) An owner or operator may request approval to use alternatives to the continuous operating parameter monitoring and recordkeeping provisions listed in paragraph (i) of this section. (i) Requests shall be submitted with the Application for Approval of Construction or Reconstruction for new sources and no later than 18 months prior to the compliance date for existing sources. The information may be submitted in an operating permit application, in an amendment to an operating permit application, or in a separate submittal. Requests shall contain the information specified in paragraphs (h)(5)(iii) through (h)(5)(iv) of this section, as applicable. (ii) The provisions in § 63.8(f)(5)(i) of subpart A of this part shall govern the review and approval of requests. (iii) [Reserved] (iv) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f) of subpart A of this part. (6) The owner or operator shall submit the information specified in paragraphs (h)(6)(i) through (h)(6)(iii) of this section, as applicable. For existing sources, this information shall be submitted in the initial Notification of Compliance Status report. For a new source, the information shall be submitted with the application for approval of construction or reconstruction required by § 63.5(d) of subpart A of this part. The information may be submitted in an operating permit application, in an amendment to an operating permit application, or in a separate submittal. (i) The determination of applicability of this subpart to petroleum refining process units that are designed and operated as flexible operation units. (ii) The determination of applicability of this subpart to any storage vessel for which use varies from year to year. (iii) The determination of applicability of this subpart to any distillation unit for which use varies from year to year. (7) The owner or operator of a heat exchange system at an existing source must notify the Administrator at least 30 calendar days prior to changing from one of the monitoring options specified in § 63.654(c)(4) to the other. (8) For fenceline monitoring systems subject to § 63.658, each owner or operator shall submit the following information to the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) on a quarterly basis. (CEDRI can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ i.e., (i) Facility name and address. (ii) Year and reporting quarter ( i.e., (iii) For the first reporting period and for any reporting period in which a passive monitor is added or moved, for each passive monitor: The latitude and longitude location coordinates; the sampler name; and identification of the type of sampler ( i.e., (iv) The beginning and ending dates for each sampling period. (v) Individual sample results for benzene reported in units of µg/m 3 (vi) Data flags that indicate each monitor that was skipped for the sampling period, if the owner or operator uses an alternative sampling frequency under § 63.658(e)(3). (vii) Data flags for each outlier determined in accordance with Section 9.2 of Method 325A of appendix A of this part. For each outlier, the owner or operator must submit the individual sample result of the outlier, as well as the evidence used to conclude that the result is an outlier. (viii) The biweekly concentration difference (Δc) for benzene for each sampling period and the annual average Δc for benzene for each sampling period. (9) On and after February 1, 2016, if required to submit the results of a performance test or CEMS performance evaluation, the owner or operator shall submit the results according to the procedures in paragraphs (h)(9)(i) and (ii) of this section. (i) Unless otherwise specified by this subpart, within 60 days after the date of completing each performance test as required by this subpart, the owner or operator shall submit the results of the performance tests following the procedure specified in either paragraph (h)(9)(i)(A) or (B) of this section. (A) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html (B) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, the owner or operator must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (ii) Unless otherwise specified by this subpart, within 60 days after the date of completing each CEMS performance evaluation as required by this subpart, the owner or operator must submit the results of the performance evaluation following the procedure specified in either paragraph (h)(9)(ii)(A) or (B) of this section. (A) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, the owner or operator must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT or an alternate file format consistent with the XML schema listed on the EPA's ERT Web site. If an owner or operator claims that some of the performance evaluation information being submitted is CBI, the owner or operator must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph (h)(9)(ii)(A). (B) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, the owner or operator must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. (10) Extensions to electronic reporting deadlines. (ii) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this paragraph, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (i) Recordkeeping. (1) Each owner or operator subject to the storage vessel provisions in § 63.646 shall keep the records specified in § 63.123 of subpart G except as specified in paragraphs (i)(1)(i) through (iv) of this section. Each owner or operator subject to the storage vessel provisions in § 63.660 shall keep records as specified in paragraphs (i)(1)(v) and (vi) of this section. (i) Records related to gaskets, slotted membranes, and sleeve seals are not required for storage vessels within existing sources. (ii) All references to § 63.122 in § 63.123 of subpart G shall be replaced with § 63.655(e). (iii) All references to § 63.150 in § 63.123 of subpart G of this part shall be replaced with § 63.652. (iv) If a storage vessel is determined to be Group 2 because the weight percent total organic HAP of the stored liquid is less than or equal to 4 percent for existing sources or 2 percent for new sources, a record of any data, assumptions, and procedures used to make this determination shall be retained. (v) Each owner or operator of a Group 1 storage vessel subject to the provisions in § 63.660 shall keep records as specified in § 63.1065 or § 63.998, as applicable. (vi) Each owner or operator of a Group 2 storage vessel shall keep the records specified in § 63.1065(a) of subpart WW. If a storage vessel is determined to be Group 2 because the weight percent total organic HAP of the stored liquid is less than or equal to 4 percent for existing sources or 2 percent for new sources, a record of any data, assumptions, and procedures used to make this determination shall be retained. (2) Each owner or operator required to report the results of performance tests under paragraphs (f) and (g)(7) of this section shall retain a record of all reported results as well as a complete test report, as described in paragraph (f)(2)(ii) of this section for each emission point tested. (3) Each owner or operator required to continuously monitor operating parameters under § 63.644 for miscellaneous process vents or under §§ 63.652 and 63.653 for emission points in an emissions average shall keep the records specified in paragraphs (i)(3)(i) through (i)(3)(v) of this section unless an alternative recordkeeping system has been requested and approved under paragraph (h) of this section. (i) The monitoring system shall measure data values at least once every hour. (ii) The owner or operator shall record either: (A) Each measured data value; or (B) Block average values for 1 hour or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values; or (C) All values that meet the set criteria for variation from previously recorded values using an automated data compression recording system. ( 1 ( i ( ii ( iii ( iv ( v ( 2 1 (iii) Daily average values of each continuously monitored parameter shall be calculated for each operating day and retained for 5 years except as specified in paragraph (i)(3)(iv) of this section. (A) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per day if operation is not continuous. (B) The operating day shall be the period defined in the Notification of Compliance Status report. It may be from midnight to midnight or another daily period. (iv) If all recorded values for a monitored parameter during an operating day are within the range established in the Notification of Compliance Status report, the owner or operator may record that all values were within the range and retain this record for 5 years rather than calculating and recording a daily average for that day. For these days, the records required in paragraph (i)(3)(ii) of this section shall also be retained for 5 years. (v) Monitoring data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating. (4) For each closed vent system that contains bypass lines that could divert a vent stream away from the control device and either directly to the atmosphere or to a control device that does not comply with the requirements in § 63.643(a), the owner or operator shall keep a record of the information specified in either paragraph (i)(4)(i) or (ii) of this section, as applicable. (i) The owner or operator shall maintain records of periods when flow was detected in the bypass line, including the date and time and the duration of the flow in the bypass line. For each flow event, the owner or operator shall maintain records sufficient to determine whether or not the detected flow included flow of a Group 1 miscellaneous process vent stream requiring control. For periods when the Group 1 miscellaneous process vent stream requiring control is diverted from the control device and released either directly to the atmosphere or to a control device that does not comply with the requirements in § 63.643(a), the owner or operator shall include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (ii) Where a seal mechanism is used to comply with § 63.644(c)(2), hourly records of flow are not required. In such cases, the owner or operator shall record the date that the monthly visual inspection of the seals or closure mechanisms is completed. The owner or operator shall also record the occurrence of all periods when the seal or closure mechanism is broken, the bypass line valve position has changed or the key for a lock-and-key type lock has been checked out. The owner or operator shall include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting mass emissions of organic HAP from the Group 1 miscellaneous process vent stream requiring control that bypassed the control device or records sufficient to demonstrate that there was no flow of a Group 1 miscellaneous process vent stream requiring control during the period. (5) The owner or operator of a heat exchange system subject to this subpart shall comply with the recordkeeping requirements in paragraphs (i)(5)(i) through (v) of this section and retain these records for 5 years. (i) Identification of all petroleum refinery process unit heat exchangers at the facility and the average annual HAP concentration of process fluid or intervening cooling fluid estimated when developing the Notification of Compliance Status report. (ii) Identification of all heat exchange systems subject to the monitoring requirements in § 63.654 and identification of all heat exchange systems that are exempt from the monitoring requirements according to the provisions in § 63.654(b). For each heat exchange system that is subject to the monitoring requirements in § 63.654, this must include identification of all heat exchangers within each heat exchange system, and, for closed-loop recirculation systems, the cooling tower included in each heat exchange system. (iii) Results of the following monitoring data for each required monitoring event: (A) Date/time of event. (B) Barometric pressure. (C) El Paso air stripping apparatus water flow milliliter/minute (ml/min) and air flow, ml/min, and air temperature, °Celsius. (D) FID reading (ppmv). (E) Length of sampling period. (F) Sample volume. (G) Calibration information identified in Section 5.4.2 of the “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” Revision Number One, dated January 2003, Sampling Procedures Manual, Appendix P: Cooling Tower Monitoring, prepared by Texas Commission on Environmental Quality, January 31, 2003 (incorporated by reference—see § 63.14). (iv) The date when a leak was identified, the date the source of the leak was identified, and the date when the heat exchanger was repaired or taken out of service. (v) If a repair is delayed, the reason for the delay, the schedule for completing the repair, the heat exchange exit line flow or cooling tower return line average flow rate at the monitoring location (in gallons/minute), and the estimate of potential strippable hydrocarbon emissions for each required monitoring interval during the delay of repair. (6) All other information required to be reported under paragraphs (a) through (h) of this section shall be retained for 5 years. (7) Each owner or operator subject to the delayed coking unit decoking operations provisions in § 63.657 must maintain records specified in paragraphs (i)(7)(i) through (iii) of this section. (i) The average pressure or temperature, as applicable, for the 5-minute period prior to venting to the atmosphere, draining, or deheading the coke drum for each cooling cycle for each coke drum. (ii) If complying with the 60-cycle rolling average, each 60-cycle rolling average pressure or temperature, as applicable, considering all coke drum venting events in the existing affected source. (iii) For double-quench cooling cycles: (A) The date, time and duration of each pre-vent draining event. (B) The pressure or temperature of the coke drum vessel, as applicable, for the 5-minute period prior to the pre-vent draining. (C) The drain water temperature at 1-minute intervals from the start of pre-vent draining to the complete closure of the drain valve. (8) For fenceline monitoring systems subject to § 63.658, each owner or operator shall keep the records specified in paragraphs (i)(8)(i) through (x) of this section on an ongoing basis. (i) Coordinates of all passive monitors, including replicate samplers and field blanks, and if applicable, the meteorological station. The owner or operator shall determine the coordinates using an instrument with an accuracy of at least 3 meters. The coordinates shall be in decimal degrees with at least five decimal places. (ii) The start and stop times and dates for each sample, as well as the tube identifying information. (iii) Sampling period average temperature and barometric pressure measurements. (iv) For each outlier determined in accordance with Section 9.2 of Method 325A of appendix A of this part, the sampler location of and the concentration of the outlier and the evidence used to conclude that the result is an outlier. (v) For samples that will be adjusted for a background, the location of and the concentration measured simultaneously by the background sampler, and the perimeter samplers to which it applies. (vi) Individual sample results, the calculated Δc for benzene for each sampling period and the two samples used to determine it, whether background correction was used, and the annual average Δc calculated after each sampling period. (vii) Method detection limit for each sample, including co-located samples and blanks. (viii) Documentation of corrective action taken each time the action level was exceeded. (ix) Other records as required by Methods 325A and 325B of appendix A of this part. (x) If a near-field source correction is used as provided in § 63.658(i), records of hourly meteorological data, including temperature, barometric pressure, wind speed and wind direction, calculated daily unit vector wind direction and daily sigma theta, and other records specified in the site-specific monitoring plan. (9) For each flare subject to § 63.670, each owner or operator shall keep the records specified in paragraphs (i)(9)(i) through (xii) of this section up-to-date and readily accessible, as applicable. (i) Retain records of the output of the monitoring device used to detect the presence of a pilot flame as required in § 63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame is present when regulated material is routed to a flare for a minimum of 5 years. (ii) Retain records of daily visible emissions observations or video surveillance images required in § 63.670(h) as specified in the paragraphs (i)(9)(ii)(A) through (C), as applicable, for a minimum of 3 years. (A) If visible emissions observations are performed using Method 22 at 40 CFR part 60, appendix A-7, the record must identify whether the visible emissions observation was performed, the results of each observation, total duration of observed visible emissions, and whether it was a 5-minute or 2-hour observation. If the owner or operator performs visible emissions observations more than one time during a day, the record must also identify the date and time of day each visible emissions observation was performed. (B) If video surveillance camera is used, the record must include all video surveillance images recorded, with time and date stamps. (C) For each 2 hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, the record must include the date and time of the 2 hour period and an estimate of the cumulative number of minutes in the 2 hour period for which emissions were visible. (iii) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i), along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, retain records of the 15-minute block average temperature, pressure and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. (iv) The flare vent gas compositions specified to be monitored under § 63.670(j). Retain records of individual component concentrations from each compositional analyses for a minimum of 2 years. If NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. (v) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n), as applicable. (vi) On and after April 4, 2024, for pressure-assisted flares, retain records of pressure and valve positions as required in § 63.670(d)(3) for a minimum of 2 years, records of when valve position was not correct for measured pressure for 5 years, and records of a cross-light performance demonstration as specified in § 63.670(b)(2) for 5 years. (vii) All periods during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) when regulated material is being routed to the flare. (viii) All periods during which the owner or operator does not perform flare monitoring according to the procedures in § 63.670(g) through (j). (ix) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow. (x) Records when the flow of vent gas exceeds the smokeless capacity of the flare, including start and stop time and dates of the flaring event. (xi) Records of the root cause analysis and corrective action analysis conducted as required in § 63.670(o)(3), including an identification of the affected facility, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.670(o)(5)(i). (xii) For any corrective action analysis for which implementation of corrective actions are required in § 63.670(o)(5), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (10) [Reserved] (11) For each pressure relief device subject to the pressure release management work practice standards in § 63.648(j)(3), the owner or operator shall keep the records specified in paragraphs (i)(11)(i) through (iii) of this section. For each pilot-operated pressure relief device subject to the requirements at § 63.648(j)(4)(ii), the owner or operator shall keep the records specified in paragraph (i)(11)(iv) of this section. (i) Records of the prevention measures implemented as required in § 63.648(j)(3)(ii), if applicable. (ii) Records of the number of releases during each calendar year and, prior to June 3, 2024, the number of those releases for which the root cause was determined to be a force majeure event. Keep these records for the current calendar year and the past five calendar years. (iii) For each release to the atmosphere, the owner or operator shall keep the records specified in paragraphs (i)(11)(iii)(A) through (D) of this section. (A) The start and end time and date of each pressure release to the atmosphere. (B) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event. (C) Records of the root cause analysis and corrective action analysis conducted as required in § 63.648(j)(3)(iii), including an identification of the affected facility, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.648(j)(7)(i). (D) For any corrective action analysis for which implementation of corrective actions are required in § 63.648(j)(7), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (iv) For pilot-operated pressure relief devices, general or release-specific records for estimating the quantity of VOC released from the pilot vent during a release event, and records of calculations used to determine the quantity of specific HAP released for any event or series of events in which 72 or more pounds of VOC are released in a day. (12) For each maintenance vent opening subject to the requirements in § 63.643(c), the owner or operator shall keep the applicable records specified in paragraphs (i)(12)(i) through (vi) of this section. (i) The owner or operator shall maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (ii) If complying with the requirements of § 63.643(c)(1)(i) and the concentration of the vapor at the time of the vessel opening exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the concentration of the vapor at the time of the vessel opening. (iii) If complying with the requirements of § 63.643(c)(1)(ii) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the concentration of the vapor at the time of the active purging was initiated exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the concentration of the vapors in the equipment when active purging was initiated. (iv) If complying with the requirements of § 63.643(c)(1)(iii), records used to estimate the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 72 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening for which the deinventory procedures specified in paragraph (i)(12)(i) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (v) If complying with the requirements of § 63.643(c)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting the lack of a pure hydrogen supply, the date of maintenance vent opening, and the concentration of the vapors in the equipment at the time of discharge to the atmosphere for each applicable maintenance vent opening. (vi) If complying with the requirements of § 63.643(c)(1)(v), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and concentration of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, June 12, 1996; 63 FR 44141, Aug. 18, 1998. Redesignated and amended at 74 FR 55686, 55687, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 78 FR 37148, June 20, 2013; 80 FR 75246, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60715, Nov. 26, 2018; 85 FR 6083, Feb. 4, 2020; 89 FR 23858, Apr. 4, 2024] § 63.656 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.640, 63.642(g) through (l), 63.643, 63.646 through 63.652, 63.654, 63.657 through 63.660, and 63.670. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37351, June 23, 2003. Redesignated and amended at 74 FR 55686, 55688, Oct. 28, 2009; 80 FR 75253, Dec. 1, 2015] § 63.657 Delayed coking unit decoking operation standards. (a) Except as provided in paragraphs (e) and (f) of this section, each owner or operator of a delayed coking unit shall depressure each coke drum to a closed blowdown system until the coke drum vessel pressure or temperature measured at the top of the coke drum or in the overhead line of the coke drum as near as practical to the coke drum meets the applicable limits specified in paragraph (a)(1) or (2) of this section prior to venting to the atmosphere, draining or deheading the coke drum at the end of the cooling cycle. (1) For delayed coking units at an existing affected source, meet either: (i) An average vessel pressure of 2 psig or less determined on a rolling 60-event average; or (ii) An average vessel temperature of 220 degrees Fahrenheit or less determined on a rolling 60-event average. (2) For delayed coking units at a new affected source, meet either: (i) A vessel pressure of 2.0 psig or less for each decoking event; or (ii) A vessel temperature of 218 degrees Fahrenheit or less for each decoking event. (b) Each owner or operator of a delayed coking unit complying with the pressure limits in paragraph (a)(1)(i) or (a)(2)(i) of this section shall install, operate, calibrate, and maintain a monitoring system, as specified in paragraphs (b)(1) through (5) of this section, to determine the coke drum vessel pressure. (1) The pressure monitoring system must be in a representative location (at the top of the coke drum or in the overhead line as near as practical to the coke drum) that minimizes or eliminates pulsating pressure, vibration, and, to the extent practical, internal and external corrosion. (2) The pressure monitoring system must be capable of measuring a pressure of 2.0 psig within ±0.5 psig. (3) The pressure monitoring system must be verified annually or at the frequency recommended by the instrument manufacturer. The pressure monitoring system must be verified following any period of more than 24 hours throughout which the pressure exceeded the maximum rated pressure of the sensor, or the data recorder was off scale. (4) All components of the pressure monitoring system must be visually inspected for integrity, oxidation and galvanic corrosion every 3 months, unless the system has a redundant pressure sensor. (5) The output of the pressure monitoring system must be reviewed each day the unit is operated to ensure that the pressure readings fluctuate as expected between operating and cooling/decoking cycles to verify the pressure taps are not plugged. Plugged pressure taps must be unplugged or otherwise repaired prior to the next operating cycle. (c) Each owner or operator of a delayed coking unit complying with the temperature limits in paragraph (a)(1)(ii) or (a)(2)(ii) of this section shall install, operate, calibrate, and maintain a continuous parameter monitoring system to measure the coke drum vessel temperature (at the top of the coke drum or in the overhead line as near as practical to the coke drum) according to the requirements specified in table 13 of this subpart. (d) The owner or operator of a delayed coking unit shall determine the coke drum vessel pressure or temperature, as applicable, on a 5-minute rolling average basis while the coke drum is vented to the closed blowdown system and shall use the last complete 5-minute rolling average pressure or temperature just prior to initiating steps to isolate the coke drum prior to venting, draining or deheading to demonstrate compliance with the requirements in paragraph (a) of this section. Pressure or temperature readings after initiating steps to isolate the coke drum from the closed blowdown system just prior to atmospheric venting, draining, or deheading the coke drum shall not be used in determining the average coke drum vessel pressure or temperature for the purpose of compliance with the requirements in paragraph (a) of this section. (e) The owner or operator of a delayed coking unit using the “water overflow” method of coke cooling prior to complying with the applicable requirements in paragraph (a) of this section must meet the requirements in either paragraph (e)(1) or (e)(2) of this section or, if applicable, the requirements in paragraph (e)(3) of this section. The owner or operator of a delayed coking unit using the “water overflow” method of coke cooling subject to this paragraph shall determine the coke drum vessel temperature as specified in paragraphs (c) and (d) of this section and shall not otherwise drain or vent the coke drum until the coke drum vessel temperature is at or below the applicable limits in paragraph (a)(1)(ii) or (a)(2)(ii) of this section. (1) The overflow water must be directed to a separator or similar disengaging device that is operated in a manner to prevent entrainment of gases from the coke drum vessel to the overflow water storage tank. Gases from the separator or disengaging device must be routed to a closed blowdown system or otherwise controlled following the requirements for a Group 1 miscellaneous process vent. The liquid from the separator or disengaging device must be hardpiped to the overflow water storage tank or similarly transported to prevent exposure of the overflow water to the atmosphere. The overflow water storage tank may be an open or uncontrolled fixed-roof tank provided that a submerged fill pipe (pipe outlet below existing liquid level in the tank) is used to transfer overflow water to the tank. (2) The overflow water must be directed to a storage vessel meeting the requirements for storage vessels in subpart SS of this part. (3) Prior to November 26, 2020, if the equipment needed to comply with paragraphs (e)(1) or (2) of this section are not installed and operational, you must comply with all of the requirements in paragraphs (e)(3)(i) through (iv) of this section. (i) The temperature of the coke drum, measured according to paragraph (c) of this section, must be 250 degrees Fahrenheit or less prior to initiation of water overflow and at all times during the water overflow. (ii) The overflow water must be hardpiped to the overflow water storage tank or similarly transported to prevent exposure of the overflow water to the atmosphere. (iii) The overflow water storage tank may be an open or uncontrolled fixed-roof tank provided that all of the following requirements are met. (A) A submerged fill pipe (pipe outlet below existing liquid level in the tank) is used to transfer overflow water to the tank. (B) The liquid level in the storage tank is at least 6 feet above the submerged fill pipe outlet at all times during water overflow. (C) The temperature of the contents in the storage tank remain below 150 degrees Fahrenheit at all times during water overflow. (f) The owner or operator of a delayed coking unit may partially drain a coke drum prior to achieving the applicable limits in paragraph (a) of this section in order to double-quench a coke drum that did not cool adequately using the normal cooling process steps provided that the owner or operator meets the conditions in paragraphs (f)(1) and (2) of this section. (1) The owner or operator shall install, operate, calibrate, and maintain a continuous parameter monitoring system to measure the drain water temperature at the bottom of the coke drum or in the drain line as near as practical to the coke drum according to the requirements specified in table 13 of this subpart. (2) The owner or operator must maintain the drain water temperature below 210 degrees Fahrenheit during the partial drain associated with the double-quench event. [80 FR 75253, Dec. 1, 2015, as amended at 83 FR 60718, Nov. 26, 2018] § 63.658 Fenceline monitoring provisions. (a) The owner or operator shall conduct sampling along the facility property boundary and analyze the samples in accordance with Methods 325A and 325B of appendix A of this part and paragraphs (b) through (k) of this section. (b) The target analyte is benzene. (c) The owner or operator shall determine passive monitor locations in accordance with Section 8.2 of Method 325A of appendix A of this part. (1) As it pertains to this subpart, known sources of VOCs, as used in Section 8.2.1.3 in Method 325A of appendix A of this part for siting passive monitors, means a wastewater treatment unit, process unit, or any emission source requiring control according to the requirements of this subpart, including marine vessel loading operations. For marine vessel loading operations, one passive monitor should be sited on the shoreline adjacent to the dock. For this subpart, an additional monitor is not required if the only emission sources within 50 meters of the monitoring boundary are equipment leak sources satisfying all of the conditions in paragraphs (c)(1)(i) through (iv) of this section. (i) The equipment leak sources in organic HAP service within 50 meters of the monitoring boundary are limited to valves, pumps, connectors, sampling connections, and open-ended lines. If compressors, pressure relief devices, or agitators in organic HAP service are present within 50 meters of the monitoring boundary, the additional passive monitoring location specified in Section 8.2.1.3 in Method 325A of appendix A of this part must be used. (ii) All equipment leak sources in gas or light liquid service (and in organic HAP service), including valves, pumps, connectors, sampling connections and open-ended lines, must be monitored using EPA Method 21 of 40 CFR part 60, appendix A-7 no less frequently than quarterly with no provisions for skip period monitoring, or according to the provisions of § 63.11(c) Alternative Work practice for monitoring equipment for leaks. For the purpose of this provision, a leak is detected if the instrument reading equals or exceeds the applicable limits in paragraphs (c)(1)(ii)(A) through (E) of this section: (A) For valves, pumps or connectors at an existing source, an instrument reading of 10,000 ppmv. (B) For valves or connectors at a new source, an instrument reading of 500 ppmv. (C) For pumps at a new source, an instrument reading of 2,000 ppmv. (D) For sampling connections or open-ended lines, an instrument reading of 500 ppmv above background. (E) For equipment monitored according to the Alternative Work practice for monitoring equipment for leaks, the leak definitions contained in § 63.11 (c)(6)(i) through (iii). (iii) All equipment leak sources in organic HAP service, including sources in gas, light liquid and heavy liquid service, must be inspected using visual, audible, olfactory, or any other detection method at least monthly. A leak is detected if the inspection identifies a potential leak to the atmosphere or if there are indications of liquids dripping. (iv) All leaks identified by the monitoring or inspections specified in paragraphs (c)(1)(ii) or (iii) of this section must be repaired no later than 15 calendar days after it is detected with no provisions for delay of repair. If a repair is not completed within 15 calendar days, the additional passive monitor specified in Section 8.2.1.3 in Method 325A of appendix A of this part must be used. (2) The owner or operator may collect one or more background samples if the owner or operator believes that an offsite upwind source or an onsite source excluded under § 63.640(g) may influence the sampler measurements. If the owner or operator elects to collect one or more background samples, the owner or operator must develop and submit a site-specific monitoring plan for approval according to the requirements in paragraph (i) of this section. Upon approval of the site-specific monitoring plan, the background sampler(s) should be operated co-currently with the routine samplers. (3) If there are 19 or fewer monitoring locations, the owner or operator shall collect at least one co-located duplicate sample per sampling period and at least one field blank per sampling period. If there are 20 or more monitoring locations, the owner or operator shall collect at least two co-located duplicate samples per sampling period and at least one field blank per sampling period. The co-located duplicates may be collected at any of the perimeter sampling (4) The owner or operator shall follow the procedure in Section 9.6 of Method 325B of appendix A of this part to determine the detection limit of benzene for each sampler used to collect samples, background samples (if the owner or operator elects to do so), co-located samples and blanks. (d) The owner or operator shall collect and record meteorological data according to the applicable requirements in paragraphs (d)(1) through (3) of this section. (1) If a near-field source correction is used as provided in paragraph (i)(2) of this section or if an alternative test method is used that provides time-resolved measurements, the owner or operator shall: (i) Use an on-site meteorological station in accordance with Section 8.3 of Method 325A of appendix A of this part. (ii) Collect and record hourly average meteorological data, including temperature, barometric pressure, wind speed and wind direction and calculate daily unit vector wind direction and daily sigma theta. (2) For cases other than those specified in paragraph (d)(1) of this section, the owner or operator shall collect and record sampling period average temperature and barometric pressure using either an on-site meteorological station in accordance with Section 8.3.1 through 8.3.3 of Method 325A of appendix A of this part or, alternatively, using data from a United States Weather Service (USWS) meteorological station provided the USWS meteorological station is within 40 kilometers (25 miles) of the refinery. (3) If an on-site meteorological station is used, the owner or operator shall follow the calibration and standardization procedures for meteorological measurements in EPA-454/B-08-002 (incorporated by reference—see § 63.14). (e) The owner or operator shall use a sampling period and sampling frequency as specified in paragraphs (e)(1) through (3) of this section. (1) Sampling period. (2) Base sampling frequency. (3) Alternative sampling frequency for burden reduction. 3 (i) If every sample at a monitoring site is at or below 0.9 µg/m 3 i.e., (ii) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (e)(3)(i) of this section is at or below 0.9 µg/m 3 i.e., i.e., (iii) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (e)(3)(ii) of this section is at or below 0.9 µg/m 3 i.e., i.e., (iv) If every sample at a monitoring site that is monitored at the frequency specified in paragraph (e)(3)(iii) of this section is at or below 0.9 µg/m 3 i.e., (v) If at any time a sample for a monitoring site that is monitored at the frequency specified in paragraphs (e)(3)(i) through (iv) of this section returns a result that is above 0.9 µg/m 3 3 3 3 i.e., 3 (f) Within 45 days of completion of each sampling period, the owner or operator shall determine whether the results are above or below the action level as follows: (1) The owner or operator shall determine the facility impact on the benzene concentration (Δc) for each 14-day sampling period according to either paragraph (f)(1)(i) or (ii) of this section, as applicable. (i) Except when near-field source correction is used as provided in paragraph (i) of this section, the owner or operator shall determine the highest and lowest sample results for benzene concentrations from the sample pool and calculate Δc as the difference in these concentrations. Co-located samples must be averaged together for the purposes of determining the benzene concentration for that sampling location, and, if applicable, for determining Δc. The owner or operator shall adhere to the following procedures when one or more samples for the sampling period are below the method detection limit for benzene: (A) If the lowest detected value of benzene is below detection, the owner or operator shall use zero as the lowest sample result when calculating Δc. (B) If all sample results are below the method detection limit, the owner or operator shall use the method detection limit as the highest sample result and zero as the lowest sample result when calculating Δc. (ii) When near-field source correction is used as provided in paragraph (i) of this section, the owner or operator shall determine Δc using the calculation protocols outlined in the approved site-specific monitoring plan and in paragraph (i) of this section. (2) The owner or operator shall calculate the annual average Δc based on the average of the 26 most recent 14-day sampling periods. The owner or operator shall update this annual average value after receiving the results of each subsequent 14-day sampling period. (3) The action level for benzene is 9 micrograms per cubic meter (µg/m3) on an annual average basis. If the annual average Δc value for benzene is less than or equal to 9 µg/m 3 3 (g) Within 5 days of determining that the action level has been exceeded for any annual average Δc and no longer than 50 days after completion of the sampling period, the owner or operator shall initiate a root cause analysis to determine the cause of such exceedance and to determine appropriate corrective action, such as those described in paragraphs (g)(1) through (4) of this section. The root cause analysis and initial corrective action analysis shall be completed and initial corrective actions taken no later than 45 days after determining there is an exceedance. Root cause analysis and corrective action may include, but is not limited to: (1) Leak inspection using Method 21 of part 60, appendix A-7 of this chapter and repairing any leaks found. (2) Leak inspection using optical gas imaging and repairing any leaks found. (3) Visual inspection to determine the cause of the high benzene emissions and implementing repairs to reduce the level of emissions. (4) Employing progressively more frequent sampling, analysis and meteorology ( e.g., (h) If, upon completion of the corrective action analysis and corrective actions such as those described in paragraph (g) of this section, the Δc value for the next 14-day sampling period for which the sampling start time begins after the completion of the corrective actions is greater than 9 µg/m 3 3 (i) An owner or operator may request approval from the Administrator for a site-specific monitoring plan to account for offsite upwind sources or onsite sources excluded under § 63.640(g) according to the requirements in paragraphs (i)(1) through (4) of this section. (1) The owner or operator shall prepare and submit a site-specific monitoring plan and receive approval of the site-specific monitoring plan prior to using the near-field source alternative calculation for determining Δc provided in paragraph (i)(2) of this section. The site-specific monitoring plan shall include, at a minimum, the elements specified in paragraphs (i)(1)(i) through (v) of this section. The procedures in Section 12 of Method 325A of appendix A of this part are not required, but may be used, if applicable, when determining near-field source contributions. (i) Identification of the near-field source or sources. For onsite sources, documentation that the onsite source is excluded under § 63.640(g) and identification of the specific provision in § 63.640(g) that applies to the source. (ii) Location of the additional monitoring stations that shall be used to determine the uniform background concentration and the near-field source concentration contribution. (iii) Identification of the fenceline monitoring locations impacted by the near-field source. If more than one near-field source is present, identify the near-field source or sources that are expected to contribute to the concentration at that monitoring location. (iv) A description of (including sample calculations illustrating) the planned data reduction and calculations to determine the near-field source concentration contribution for each monitoring location. (v) If more frequent monitoring or a monitoring station other than a passive diffusive tube monitoring station is proposed, provide a detailed description of the measurement methods, measurement frequency, and recording frequency for determining the uniform background or near-field source concentration contribution. (2) When an approved site-specific monitoring plan is used, the owner or operator shall determine Δc for comparison with the 9 µg/m 3 (i) For each monitoring location, calculate Δc i Δc i = MFC i − NFS i − UB Where: Δc i 3 MFC i 3 NFS i 3 i 3 UB = The uniform background concentration determined using the additional measurements included in the site-specific monitoring plan, µg/m 3 3 (ii) When one or more samples for the sampling period are below the method detection limit for benzene, adhere to the following procedures: (A) If the benzene concentration at the monitoring location used for the uniform background concentration is below the method detection limit, the owner or operator shall use zero for UB for that monitoring period. (B) If the benzene concentration at the monitoring location(s) used to determine the near-field source contributing concentration is below the method detection limit, the owner or operator shall use zero for the monitoring location concentration when calculating NFS i (C) If a fenceline monitoring location sample result is below the method detection limit, the owner or operator shall use the method detection limit as the sample result. (iii) Determine Δc for the monitoring period as the maximum value of Δc i (3) The site-specific monitoring plan shall be submitted and approved as described in paragraphs (i)(3)(i) through (iv) of this section. (i) The site-specific monitoring plan must be submitted to the Administrator for approval. (ii) The site-specific monitoring plan shall also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies may also be submitted to refineryrtr@epa.gov. (iii) The Administrator shall approve or disapprove the plan in 90 days. The plan shall be considered approved if the Administrator either approves the plan in writing, or fails to disapprove the plan in writing. The 90-day period shall begin when the Administrator receives the plan. (iv) If the Administrator finds any deficiencies in the site-specific monitoring plan and disapproves the plan in writing, the owner or operator may revise and resubmit the site-specific monitoring plan following the requirements in paragraphs (i)(3)(i) and (ii) of this section. The 90-day period starts over with the resubmission of the revised monitoring plan. (4) The approval by the Administrator of a site-specific monitoring plan will be based on the completeness, accuracy and reasonableness of the request for a site-specific monitoring plan. Factors that the Administrator will consider in reviewing the request for a site-specific monitoring plan include, but are not limited to, those described in paragraphs (i)(4)(i) through (v) of this section. (i) The identification of the near-field source or sources. For onsite sources, the documentation provided that the onsite source is excluded under § 63.640(g). (ii) The monitoring location selected to determine the uniform background concentration or an indication that no uniform background concentration monitor will be used. (iii) The location(s) selected for additional monitoring to determine the near-field source concentration contribution. (iv) The identification of the fenceline monitoring locations impacted by the near-field source or sources. (v) The appropriateness of the planned data reduction and calculations to determine the near-field source concentration contribution for each monitoring location. (vi) If more frequent monitoring is proposed, the adequacy of the description of the measurement and recording frequency proposed and the adequacy of the rationale for using the alternative monitoring frequency. (j) The owner or operator shall comply with the applicable recordkeeping and reporting requirements in § 63.655(h) and (i). (k) As outlined in § 63.7(f), the owner or operator may submit a request for an alternative test method. At a minimum, the request must follow the requirements outlined in paragraphs (k)(1) through (7) of this section. (1) The alternative method may be used in lieu of all or a partial number of passive samplers required in Method 325A of appendix A of this part. (2) The alternative method must be validated according to Method 301 in appendix A of this part or contain performance based procedures and indicators to ensure self-validation. (3) The method detection limit must nominally be at least an order of magnitude below the action level, i.e., 3 (4) The spatial coverage must be equal to or better than the spatial coverage provided in Method 325A of appendix A of this part. (i) For path average concentration open-path instruments, the physical path length of the measurement shall be no more than a passive sample footprint (the spacing that would be provided by the sorbent traps when following Method 325A). For example, if Method 325A requires spacing monitors A and B 610 meters (2000 feet) apart, then the physical path length limit for the measurement at that portion of the fenceline shall be no more than 610 meters (2000 feet). (ii) For range resolved open-path instrument or approach, the instrument or approach must be able to resolve an average concentration over each passive sampler footprint within the path length of the instrument. (iii) The extra samplers required in Sections 8.2.1.3 of Method 325A may be omitted when they fall within the path length of an open-path instrument. (5) At a minimum, non-integrating alternative test methods must provide a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (6) For alternative test methods capable of real time measurements (less than a 5 minute sampling and analysis cycle), the alternative test method may allow for elimination of data points corresponding to outside emission sources for purpose of calculation of the high point for the two week average. The alternative test method approach must have wind speed, direction and stability class of the same time resolution and within the footprint of the instrument. (7) For purposes of averaging data points to determine the Δc for the 14-day average high sample result, all results measured under the method detection limit must use the method detection limit. For purposes of averaging data points for the 14-day average low sample result, all results measured under the method detection limit must use zero. [80 FR 75254, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016; 83 FR 60718, Nov. 26, 2018] § 63.660 Storage vessel provisions. On and after the applicable compliance date for a Group 1 storage vessel located at a new or existing source as specified in § 63.640(h), the owner or operator of a Group 1 storage vessel storing liquid with a maximum true vapor pressure less than 76.6 kilopascals (11.1 pounds per square inch) that is part of a new or existing source shall comply with either the requirements in subpart WW or SS of this part according to the requirements in paragraphs (a) through (i) of this section and the owner or operator of a Group 1 storage vessel storing liquid with a maximum true vapor pressure greater than or equal to 76.6 kilopascals (11.1 pounds per square inch) that is part of a new or existing source shall comply with the requirements in subpart SS of this part according to the requirements in paragraphs (a) through (i) of this section. (a) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in subpart A, WW, or SS of this part. The definitions of “Group 1 storage vessel” (paragraph (2)) and “Storage vessel” in § 63.641 shall apply in lieu of the definition of “Storage vessel” in § 63.1061. (1) An owner or operator may use good engineering judgment or test results to determine the stored liquid weight percent total organic HAP for purposes of group determination. Data, assumptions, and procedures used in the determination shall be documented. (2) When an owner or operator and the Administrator do not agree on whether the annual average weight percent organic HAP in the stored liquid is above or below 4 percent for a storage vessel at an existing source or above or below 2 percent for a storage vessel at a new source, an appropriate method (based on the type of liquid stored) as published by EPA or a consensus-based standards organization shall be used. Consensus-based standards organizations include, but are not limited to, the following: ASTM International (100 Barr Harbor Drive, P.O. Box CB700, West Conshohocken, Pennsylvania 19428-B2959, (800) 262-1373, http://www.astm.org http://www.ansi.org http://www.aga.org http://www.asme.org http://www.api.org http://www.naesb.org (b) A floating roof storage vessel complying with the requirements of subpart WW of this part may comply with the control option specified in paragraph (b)(1) of this section and, if equipped with a ladder having at least one slotted leg, shall comply with one of the control options as described in paragraph (b)(2) of this section. If the floating roof storage vessel does not meet the requirements of § 63.1063(a)(2)(i) through (a)(2)(viii) as of June 30, 2014, these requirements do not apply until the next time the vessel is completely emptied and degassed, or January 30, 2026, whichever occurs first. (1) In addition to the options presented in §§ 63.1063(a)(2)(viii)(A) and (B) and 63.1064, a floating roof storage vessel may comply with § 63.1063(a)(2)(viii) using a flexible enclosure device and either a gasketed or welded cap on the top of the guidepole. (2) Each opening through a floating roof for a ladder having at least one slotted leg shall be equipped with one of the configurations specified in paragraphs (b)(2)(i) through (iii) of this section. (i) A pole float in the slotted leg and pole wipers for both legs. The wiper or seal of the pole float must be at or above the height of the pole wiper. (ii) A ladder sleeve and pole wipers for both legs of the ladder. (iii) A flexible enclosure device and either a gasketed or welded cap on the top of the slotted leg. (c) For the purposes of this subpart, references shall apply as specified in paragraphs (c)(1) through (6) of this section. (1) All references to “the proposal date for a referencing subpart” and “the proposal date of the referencing subpart” in subpart WW of this part mean June 30, 2014. (2) All references to “promulgation of the referencing subpart” and “the promulgation date of the referencing subpart” in subpart WW of this part mean February 1, 2016. (3) All references to “promulgation date of standards for an affected source or affected facility under a referencing subpart” in subpart SS of this part mean February 1, 2016. (4) All references to “the proposal date of the relevant standard established pursuant to CAA section 112(f)” in subpart SS of this part mean June 30, 2014. (5) All references to “the proposal date of a relevant standard established pursuant to CAA section 112(d)” in subpart SS of this part mean July 14, 1994. (6) All references to the “required control efficiency” in subpart SS of this part mean reduction of organic HAP emissions by 95 percent or to an outlet concentration of 20 ppmv. (d) For an uncontrolled fixed roof storage vessel that commenced construction on or before June 30, 2014, and that meets the definition of “Group 1 storage vessel”, paragraph (2), in § 63.641 but not the definition of “Group 1 storage vessel”, paragraph (1), in § 63.641, the requirements of § 63.982 and/or § 63.1062 do not apply until the next time the storage vessel is completely emptied and degassed, or January 30, 2026, whichever occurs first. (e) For storage vessels previously subject to requirements in § 63.646, initial inspection requirements in § 63.1063(c)(1) and (c)(2)(i) ( i.e., (f) References in § 63.1066(a) to initial startup notification requirements do not apply. (g) References to the Notification of Compliance Status in § 63.999(b) mean the Notification of Compliance Status required by § 63.655(f). (h) References to the Periodic Reports in §§ 63.1066(b) and 63.999(c) mean the Periodic Report required by § 63.655(g). (i) Owners or operators electing to comply with the requirements in subpart SS of this part for a Group 1 storage vessel must comply with the requirements in paragraphs (i)(1) through (3) of this section. (1) If a flare is used as a control device, the flare shall meet the requirements of § 63.670 instead of the flare requirements in § 63.987. (2) If a closed vent system contains a bypass line, the owner or operator shall comply with the provisions of either § 63.983(a)(3)(i) or (ii) or paragraph (iii) of this section for each closed vent system that contains bypass lines that could divert a vent stream either directly to the atmosphere or to a control device that does not comply with the requirements in subpart SS of this part. Except as provided in paragraphs (i)(2)(i) and (ii) of this section, use of the bypass at any time to divert a Group 1 storage vessel either directly to the atmosphere or to a control device that does not comply with the requirements in subpart SS of this part is an emissions standards violation. Equipment such as low leg drains and equipment subject to § 63.648 are not subject to this paragraph (i)(2). (i) If planned routine maintenance of the control device cannot be performed during periods that storage vessel emissions are vented to the control device or when the storage vessel is taken out of service for inspections or other planned maintenance reasons, the owner or operator may bypass the control device. (ii) Periods for which storage vessel control device may be bypassed for planned routine maintenance of the control device shall not exceed 240 hours per calendar year. (iii) Use a cap, blind flange, plug, or a second valve for an open-ended valve or line following the requirements specified in § 60.482-6(a)(2), (b), and (c). (3) If storage vessel emissions are routed to a fuel gas system or process, the fuel gas system or process shall be operating at all times when regulated emissions are routed to it. The exception in § 63.984(a)(1) does not apply. [80 FR 75257, Dec. 1, 2015, as amended at 83 FR 60719, Nov. 26, 2018; 85 FR 6083, Feb. 4, 2020] § 63.670 Requirements for flare control devices. On or before January 30, 2019, the owner or operator of a flare used as a control device for an emission point subject to this subpart shall meet the applicable requirements for flares as specified in paragraphs (a) through (q) of this section and the applicable requirements in § 63.671. The owner or operator may elect to comply with the requirements of paragraph (r) of this section in lieu of the requirements in paragraphs (d) through (f) of this section, as applicable. (a) [Reserved] (b) Pilot flame presence. (1) Each stage of burners that cross-lights in the pressure-assisted flare must have at least two pilots with at least one continuously lit and capable of igniting all regulated material that is routed to that stage of burners. (2) Unless the owner or operator of a pressure-assisted flare chooses to conduct a cross-light performance demonstration as specified in this paragraph, the owner or operator must ensure that if a stage of burners on the flare uses cross-lighting, that the distance between any two burners in series on that stage is no more than 6 feet when measured from the center of one burner to the next burner. A distance greater than 6 feet between any two burners in series may be used provided the owner or operator complies with the requirements in paragraphs (b)(2)(i) through (iii) of this section. (i) You must conduct a performance demonstration that confirms the pressure-assisted flare will cross-light a minimum of three burners and the spacing between the burners and location of the pilot flame must be representative of the projected installation. (ii) The compliance demonstration must be approved by the permitting authority and a copy of this approval must be maintained onsite. (iii) The compliance demonstration report must include the information in paragraphs (b)(2)(iii)(A) through (K) of this section. (A) A protocol describing the test methodology used, associated test method QA/QC parameters. (B) The waste gas composition and NHVcz of the gas tested. (C) The velocity of the waste gas tested. (D) The pressure-assisted multi-point flare burner tip pressure. (E) The time, length, and duration of the test. (F) Records of whether a successful cross-light was observed over all of the burners and the length of time it took for the burners to cross-light. (G) Records of maintaining a stable flame after a successful cross-light and the duration for which this was observed. (H) Records of any smoking events during the cross-light. (I) Waste gas temperature. (J) Meteorological conditions (e.g., ambient temperature, barometric pressure, wind speed and direction, and relative humidity) during the demonstration. (K) An indication whether there were any observed flare flameouts and if so, the number and duration of each flare flameout. (c) Visible emissions. (d) Flare tip velocity. (1) Except as provided in paragraph (d)(2) of this section, the actual flare tip velocity (V tip tip (2) V tip max tip vg Where: V max NHV vg 1,212 = Constant. 850 = Constant. (3) Pressure-assisted flares are not subject to the flare tip velocity limits in either paragraph (d)(1) or (2) of this section. In lieu of the flare tip velocity limits, beginning on April 4, 2024, the owner or operator of a pressure-assisted flare must install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system for each staging valve to ensure that the flare operates within the proper range of conditions as specified by the manufacturer. The pressure monitor must meet the requirements in table 13 of this subpart. (e) Combustion zone operating limits. cz cz (1) For all flares other than pressure-assisted flares, 270 British thermal units per standard cubic feet (Btu/scf). (2) Beginning on April 4, 2024, for each pressure-assisted flare, 800 Btu/scf. (f) Dilution operating limits for flares with perimeter assist air. 2 dil (1) If the only assist air provided to a specific flare is perimeter assist air intentionally entrained in lower and/or upper steam at the flare tip and the effective diameter is 9 inches or greater, the owner or operator shall comply only with the NHV cz (2) [Reserved] (g) Pilot flame monitoring. (h) Visible emissions monitoring. (1) At least once per day for each day regulated material is routed to the flare, conduct visible emissions observations using an observation period of 5 minutes using Method 22 at 40 CFR part 60, appendix A-7. If at any time the owner or operator sees visible emissions while regulated material is routed to the flare, even if the minimum required daily visible emission monitoring has already been performed, the owner or operator shall immediately begin an observation period of 5 minutes using Method 22 at 40 CFR part 60, appendix A-7. If visible emissions are observed for more than one continuous minute during any 5-minute observation period, the observation period using Method 22 at 40 CFR part 60, appendix A-7 must be extended to 2 hours or until 5-minutes of visible emissions are observed. Daily 5-minute Method 22 observations are not required to be conducted for days the flare does not receive any regulated material. (2) Use a video surveillance camera to continuously record (at least one frame every 15 seconds with time and date stamps) images of the flare flame and a reasonable distance above the flare flame at an angle suitable for visual emissions observations. The owner or operator must provide real-time video surveillance camera output to the control room or other continuously manned location where the camera images may be viewed at any time. (i) Flare vent gas, steam assist and air assist flow rate monitoring. (1) The flow rate monitoring systems must be able to correct for the temperature and pressure of the system and output parameters in standard conditions ( i.e., (2) Mass flow monitors may be used for determining volumetric flow rate of flare vent gas provided the molecular weight of the flare vent gas is determined using compositional analysis as specified in paragraph (j) of this section so that the mass flow rate can be converted to volumetric flow at standard conditions using the following equation. Where: Q vol Q mass 385.3 = Conversion factor, standard cubic feet per pound-mole. MWt = Molecular weight of the gas at the flow monitoring location, pounds per pound-mole. (3) Mass flow monitors may be used for determining volumetric flow rate of assist air or assist steam. Use equation in paragraph (i)(2) of this section to convert mass flow rates to volumetric flow rates. Use a molecular weight of 18 pounds per pound-mole for assist steam and use a molecular weight of 29 pounds per pound-mole for assist air. (4) Continuous pressure/temperature monitoring system(s) and appropriate engineering calculations may be used in lieu of a continuous volumetric flow monitoring systems provided the molecular weight of the gas is known. For assist steam, use a molecular weight of 18 pounds per pound-mole. For assist air, use a molecular weight of 29 pounds per pound-mole. For flare vent gas, molecular weight must be determined using compositional analysis as specified in paragraph (j) of this section. (5) Continuously monitoring fan speed or power and using fan curves is an acceptable method for continuously monitoring assist air flow rates. (6) For perimeter assist air intentionally entrained in lower and/or upper steam, the monitored steam flow rate and the maximum design air-to-steam volumetric flow ratio of the entrainment system may be used to determine the assist air flow rate. (j) Flare vent gas composition monitoring. (1) Except as provided in paragraphs (j)(5) and (6) of this section, the owner or operator shall install, operate, calibrate, and maintain a monitoring system capable of continuously measuring ( i.e., (2) Except as provided in paragraphs (j)(5) and (6) of this section, the owner or operator shall install, operate, and maintain a grab sampling system capable of collecting an evacuated canister sample for subsequent compositional analysis at least once every eight hours while there is flow of regulated material to the flare. Subsequent compositional analysis of the samples must be performed according to Method 18 of 40 CFR part 60, appendix A-6, ASTM D6420-99 (Reapproved 2010), ASTM D1945-03 (Reapproved 2010), ASTM D1945-14 or ASTM UOP539-12 (all incorporated by reference—see § 63.14). (3) Except as provided in paragraphs (j)(5) and (6) of this section, the owner or operator shall install, operate, calibrate, and maintain a calorimeter capable of continuously measuring, calculating, and recording NHV vg (4) If the owner or operator uses a continuous net heating value monitor according to paragraph (j)(3) of this section, the owner or operator may, at their discretion, install, operate, calibrate, and maintain a monitoring system capable of continuously measuring, calculating, and recording the hydrogen concentration in the flare vent gas. (5) Direct compositional or net heating value monitoring is not required for purchased (“pipeline quality”) natural gas streams. The net heating value of purchased natural gas streams may be determined using annual or more frequent grab sampling at any one representative location. Alternatively, the net heating value of any purchased natural gas stream can be assumed to be 920 Btu/scf. (6) Direct compositional or net heating value monitoring is not required for gas streams that have been demonstrated to have consistent composition (or a fixed minimum net heating value) according to the methods in paragraphs (j)(6)(i) through (iii) of this section. (i) The owner or operator shall submit to the Administrator a written application for an exemption from monitoring. The application must contain the following information: (A) A description of the flare gas stream/system to be considered, including submission of a portion of the appropriate piping diagrams indicating the boundaries of the flare gas stream/system and the affected flare(s) to be considered; (B) A statement that there are no crossover or entry points to be introduced into the flare gas stream/system (this should be shown in the piping diagrams) prior to the point where the flow rate of the gas streams is measured; (C) An explanation of the conditions that ensure that the flare gas net heating value is consistent and, if flare gas net heating value is expected to vary ( e.g., (D) The supporting test results from sampling the requested flare gas stream/system for the net heating value. Sampling data must include, at minimum, 2 weeks of daily measurement values (14 grab samples) for frequently operated flare gas streams/systems; for infrequently operated flare gas streams/systems, seven grab samples must be collected unless other additional information would support reduced sampling. If the flare gas stream composition can vary, samples must be taken during those conditions expected to result in lowest net heating value identified in paragraph (j)(6)(i)(C) of this section. The owner or operator shall determine net heating value for the gas stream using either gas composition analysis or net heating value monitor (with optional hydrogen concentration analyzer) according to the method provided in paragraph (l) of this section; and (E) A description of how the 2 weeks (or seven samples for infrequently operated flare gas streams/systems) of monitoring results compares to the typical range of net heating values expected for the flare gas stream/system going to the affected flare ( e.g., (F) The net heating value to be used for all flows of the flare vent gas from the flare gas stream/system covered in the application. A single net heating value must be assigned to the flare vent gas either by selecting the lowest net heating value measured in the sampling program or by determining the 95th percent confidence interval on the mean value of all samples collected using the t-distribution statistic (which is 1.943 for 7 grab samples or 1.771 for 14 grab samples). (ii) The effective date of the exemption is the date of submission of the information required in paragraph (j)(6)(i) of this section. (iii) No further action is required unless refinery operating conditions change in such a way that affects the exempt fuel gas stream/system ( e.g., (A) If the operation change results in a flare vent gas net heating value that is still within the range of net heating values included in the original application, the owner or operator shall determine the net heating value on a grab sample and record the results as proof that the net heating value assigned to the vent gas stream in the original application is still appropriate. (B) If the operation change results in a flare vent gas net heating value that is lower than the net heating value assigned to the vent gas stream in the original application, the owner or operator may submit new information following the procedures of paragraph (j)(6)(i) of this section within 60 days (or within 30 days after the seventh grab sample is tested for infrequently operated process units). (C) If the operation change results in a flare vent gas net heating value has greater variability in the flare gas stream/system such the owner or operator chooses not to submit new information to support an exemption, the owner or operator must begin monitoring the composition or net heat content of the flare vent gas stream using the methods in this section ( i.e., (k) Calculation methods for cumulative flow rates and determining compliance with Vtip operating limits tip (1) The owner or operator shall use design and engineering principles to determine the unobstructed cross sectional area of the flare tip. The unobstructed cross sectional area of the flare tip is the total tip area that vent gas can pass through. This area does not include any stability tabs, stability rings, and upper steam or air tubes because flare vent gas does not exit through them. (2) The owner or operator shall determine the cumulative volumetric flow of flare vent gas for each 15-minute block average period using the data from the continuous flow monitoring system required in paragraph (i) of this section according to the following requirements, as applicable. If desired, the cumulative flow rate for a 15-minute block period only needs to include flow during those periods when regulated material is sent to the flare, but owners or operators may elect to calculate the cumulative flow rates across the entire 15-minute block period for any 15-minute block period where there is regulated material flow to the flare. (i) Use set 15-minute time periods starting at 12 midnight to 12:15 a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to midnight when calculating 15-minute block average flow volumes. (ii) If continuous pressure/temperature monitoring system(s) and engineering calculations are used as allowed under paragraph (i)(4) of this section, the owner or operator shall, at a minimum, determine the 15-minute block average temperature and pressure from the monitoring system and use those values to perform the engineering calculations to determine the cumulative flow over the 15-minute block average period. Alternatively, the owner or operator may divide the 15-minute block average period into equal duration subperiods( e.g. (3) The 15-minute block average V tip Where: V tip Q cum Area = Unobstructed area of the flare tip, square feet. 900 = Conversion factor, seconds per 15-minute block average. (4) If the owner or operator chooses to comply with paragraph (d)(2) of this section, the owner or operator shall also determine the net heating value of the flare vent gas following the requirements in paragraphs (j) and (l) of this section and calculate V max tip max (l) Calculation methods for determining flare vent gas net heating value. vg (1) If compositional analysis data are collected as provided in paragraph (j)(1) or (2) of this section, the owner or operator shall determine NHV vg Where: NHV vg i = Individual component in flare vent gas. n = Number of components in flare vent gas. x i NHV i (2) If direct net heating value monitoring data are collected as provided in paragraph (j)(3) of this section but a hydrogen concentration monitor is not used, the owner or operator shall use the direct output of the monitoring system(s) (in Btu/scf) to determine the NHV vg (3) If direct net heating value monitoring data are collected as provided in paragraph (j)(3) of this section and hydrogen concentration monitoring data are collected as provided in paragraph (j)(4) of this section, the owner or operator shall use the following equation to determine NHV vg NHV vg NHV measured x H2 Where: NHV vg NHV measured x H2 938 = Net correction for the measured heating value of hydrogen (1,212 − 274), Btu/scf. (4) Use set 15-minute time periods starting at 12 midnight to 12:15 a.m., 12:15 a.m. to 12:30 a.m. and so on concluding at 11:45 p.m. to midnight when calculating 15-minute block averages. (5) When a continuous monitoring system is used as provided in paragraph (j)(1) or (3) of this section and, if applicable, paragraph (j)(4) of this section, the owner or operator of a flare other than a pressure-assisted flare may elect to determine the 15-minute block average NHV vg (i) Feed-forward calculation method. vg (A) Use the results from the first sample collected during an event, (for periodic flare vent gas flow events) for the first 15-minute block associated with that event. (B) If the results from the first sample collected during an event (for periodic flare vent gas flow events) are not available until after the second 15-minute block starts, use the results from the first sample collected during an event for the second 15-minute block associated with that event. (C) For all other cases, use the results that are available from the most recent sample prior to the 15-minute block period for that 15-minute block period for all flare vent gas steams. For the purpose of this requirement, use the time that the results become available rather than the time the sample was collected. For example, if a sample is collected at 12:25 a.m. and the analysis is completed at 12:38 a.m., the results are available at 12:38 a.m. and these results would be used to determine compliance during the 15-minute block period from 12:45 a.m. to 1:00 a.m. (ii) Direct calculation method. vg (A) If the results from the first sample collected during an event (for periodic flare vent gas flow events) are not available until after the second 15-minute block starts, use the results from the first sample collected during an event for the first 15-minute block associated with that event. (B) For all other cases, use the arithmetic average of all NHV vg (6) When grab samples are used to determine flare vent gas composition: (i) Use the analytical results from the first grab sample collected for an event for all 15-minute periods from the start of the event through the 15-minute block prior to the 15-minute block in which a subsequent grab sample is collected. (ii) Use the results from subsequent grab sampling events for all 15 minute periods starting with the 15-minute block in which the sample was collected and ending with the 15-minute block prior to the 15-minute block in which the next grab sample is collected. For the purpose of this requirement, use the time the sample was collected rather than the time the analytical results become available. (7) If the owner or operator monitors separate gas streams that combine to comprise the total flare vent gas flow, the 15-minute block average net heating value shall be determined separately for each measurement location according to the methods in paragraphs (l)(1) through (6) of this section and a flow-weighted average of the gas stream net heating values shall be used to determine the 15-minute block average net heating value of the cumulative flare vent gas. (m) Calculation methods for determining combustion zone net heating value. cz (1) Except as specified in paragraph (m)(2) of this section, determine the 15-minute block average NHV cz cz vg Where: NHV cz NHV vg Q vg Q s Q a,premix (2) Owners or operators of flares that use the feed-forward calculation methodology in paragraph (l)(5)(i) of this section and that monitor gas composition or net heating value in a location representative of the cumulative vent gas stream and that directly monitor flare supplemental gas flow additions to the flare must determine the 15-minute block average NHV cz Where: NHV cz NHV vg Q vg Q NG2 Q NG1 i.e., NG1 NG2 NHV NG Q s Q a,premix (n) Calculation methods for determining the net heating value dilution parameter. dil (1) Except as specified in paragraph (n)(2) of this section, determine the 15-minute block average NHV dil dil Where: NHV dil 2 NHV vg Q vg Diam = Effective diameter of the unobstructed area of the flare tip for flare vent gas flow, ft. Use the area as determined in paragraph (k)(1) of this section and determine the diameter as Q s Q a,premix Q a,perimeter (2) Owners or operators of flares that use the feed-forward calculation methodology in paragraph (l)(5)(i) of this section and that monitor gas composition or net heating value in a location representative of the cumulative vent gas stream and that directly monitor flare supplemental gas flow additions to the flare must determine the 15-minute block average NHV dil dil Where: NHV dil 2 NHV vg Q vg Q NG2 Q NG1 i.e., NG1 NG2 NHV NG Diam = Effective diameter of the unobstructed area of the flare tip for flare vent gas flow, ft. Use the area as determined in paragraph (k)(1) of this section and determine the diameter as Q s Q a,premix Q a,perimeter (o) Emergency flaring provisions. (1) Develop a flare management plan to minimize flaring during periods of startup, shutdown, or emergency releases. The flare management plan must include the information described in paragraphs (o)(1)(i) through (vii) of this section. (i) A listing of all refinery process units, ancillary equipment, and fuel gas systems connected to the flare for each affected flare. (ii) An assessment of whether discharges to affected flares from these process units, ancillary equipment and fuel gas systems can be minimized or prevented during periods of startup, shutdown, or emergency releases. The flare minimization assessment must (at a minimum) consider the items in paragraphs (o)(1)(ii)(A) through (C) of this section. The assessment must provide clear rationale in terms of costs (capital and annual operating), natural gas offset credits (if applicable), technical feasibility, secondary environmental impacts and safety considerations for the selected minimization alternative(s) or a statement, with justifications, that flow reduction could not be achieved. Based upon the assessment, each owner or operator of an affected flare shall identify the minimization alternatives that it has implemented by the due date of the flare management plan and shall include a schedule for the prompt implementation of any selected measures that cannot reasonably be completed as of that date. (A) Modification in startup and shutdown procedures to reduce the quantity of process gas discharge to the flare. (B) Implementation of prevention measures listed for pressure relief devices in § 63.648(j)(3)(ii)(A) through (E) for each pressure relief device that can discharge to the flare. (C) Installation of a flare gas recovery system or, for facilities that are fuel gas rich, a flare gas recovery system and a co-generation unit or combined heat and power unit. (iii) A description of each affected flare containing the information in paragraphs (o)(1)(iii)(A) through (G) of this section. (A) A general description of the flare, including whether it is a ground flare or elevated (including height), the type of assist system ( e.g., (B) The smokeless capacity of the flare based on a 15-minute block average and design conditions. Note: (C) The maximum vent gas flow rate (hydraulic load capacity). (D) The maximum supplemental gas flow rate. (E) For flares that receive assist steam, the minimum total steam rate and the maximum total steam rate. (F) For flares that receive assist air, an indication of whether the fan/blower is single speed, multi-fixed speed ( e.g. e.g., (G) Simple process flow diagram showing the locations of the flare following components of the flare: Flare tip (date installed, manufacturer, nominal and effective tip diameter, tip drawing); knockout or surge drum(s) or pot(s) (including dimensions and design capacities); flare header(s) and subheader(s); assist system; and ignition system. (iv) Description and simple process flow diagram showing all gas lines (including flare waste gas, purge or sweep gas (as applicable), supplemental gas) that are associated with the flare. For purge, sweep, supplemental gas, identify the type of gas used. Designate which lines are exempt from composition or net heating value monitoring and why ( e.g. (v) For each flow rate, gas composition, net heating value or hydrogen concentration monitor identified in paragraph (o)(1)(iv) of this section, provide a detailed description of the manufacturer's specifications, including, but not limited to, make, model, type, range, precision, accuracy, calibration, maintenance and quality assurance procedures. (vi) For each pressure relief device vented to the flare identified in paragraph (o)(1)(iv) of this section, provide a detailed description of each pressure release device, including type of relief device (rupture disc, valve type) diameter of the relief device opening, set pressure of the relief device and listing of the prevention measures implemented. This information may be maintained in an electronic database on-site and does not need to be submitted as part of the flare management plan unless requested to do so by the Administrator. (vii) Procedures to minimize or eliminate discharges to the flare during the planned startup and shutdown of the refinery process units and ancillary equipment that are connected to the affected flare, together with a schedule for the prompt implementation of any procedures that cannot reasonably be implemented as of the date of the submission of the flare management plan. (2) Each owner or operator required to develop and implement a written flare management plan as described in paragraph (o)(1) of this section must submit the plan to the Administrator as described in paragraphs (o)(2)(i) through (iii) of this section. (i) The owner or operator must develop and implement the flare management plan no later than January 30, 2019 or at startup for a new flare that commenced construction on or after February 1, 2016. (ii) The owner or operator must comply with the plan as submitted by the date specified in paragraph (o)(2)(i) of this section. The plan should be updated periodically to account for changes in the operation of the flare, such as new connections to the flare or the installation of a flare gas recovery system, but the plan need be re-submitted to the Administrator only if the owner or operator alters the design smokeless capacity of the flare. The owner or operator must comply with the updated plan as submitted. (iii) All versions of the plan submitted to the Administrator shall also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies may also be submitted to refineryRTR@epa.gov (3) The owner or operator of a flare subject to this subpart shall conduct a root cause analysis and a corrective action analysis for each flow event that contains regulated material and that meets either the criteria in paragraph (o)(3)(i) or (ii) of this section. (i) The vent gas flow rate exceeds the smokeless capacity of the flare based on a 15-minute block average and visible emissions are present from the flare for more than 5 minutes during any 2 consecutive hours during the release event. (ii) The vent gas flow rate exceeds the smokeless capacity of the flare and the 15-minute block average flare tip velocity exceeds the maximum flare tip velocity determined using the methods in paragraph (d)(2) of this section. (4) A root cause analysis and corrective action analysis must be completed as soon as possible, but no later than 45 days after a flare flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this section. Special circumstances affecting the number of root cause analyses and/or corrective action analyses are provided in paragraphs (o)(4)(i) through (v) of this section. (i) You may conduct a single root cause analysis and corrective action analysis for a single continuous flare flow event that meets both of the criteria in paragraphs (o)(3)(i) and (ii) of this section. (ii) You may conduct a single root cause analysis and corrective action analysis for a single continuous flare flow event regardless of the number of 15-minute block periods in which the flare tip velocity was exceeded or the number of 2 hour periods that contain more the 5 minutes of visible emissions. (iii) You may conduct a single root cause analysis and corrective action analysis for a single event that causes two or more flares that are operated in series ( i.e., (iv) Prior to June 3, 2024, you may conduct a single root cause analysis and corrective action analysis for a single event that causes two or more flares to have a flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this section, regardless of the configuration of the flares, if the root cause is reasonably expected to be a force majeure event, as defined in this subpart. (v) Except as provided in paragraphs (o)(4)(iii) and (iv) of this section, if more than one flare has a flow event that meets the criteria in paragraph (o)(3)(i) or (ii) of this section during the same time period, an initial root cause analysis shall be conducted separately for each flare that has a flow event meeting the criteria in paragraph (o)(3)(i) or (ii) of this section. If the initial root cause analysis indicates that the flow events have the same root cause(s), the initially separate root cause analyses may be recorded as a single root cause analysis and a single corrective action analysis may be conducted. (5) Each owner or operator of a flare required to conduct a root cause analysis and corrective action analysis as specified in paragraphs (o)(3) and (4) of this section shall implement the corrective action(s) identified in the corrective action analysis in accordance with the applicable requirements in paragraphs (o)(5)(i) through (iii) of this section. (i) All corrective action(s) must be implemented within 45 days of the event for which the root cause and corrective action analyses were required or as soon thereafter as practicable. If an owner or operator concludes that no corrective action should be implemented, the owner or operator shall record and explain the basis for that conclusion no later than 45 days following the event. (ii) For corrective actions that cannot be fully implemented within 45 days following the event for which the root cause and corrective action analyses were required, the owner or operator shall develop an implementation schedule to complete the corrective action(s) as soon as practicable. (iii) No later than 45 days following the event for which a root cause and corrective action analyses were required, the owner or operator shall record the corrective action(s) completed to date, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (6) The owner or operator shall determine the total number of events for which a root cause and corrective action analyses was required during the calendar year for each affected flare separately for events meeting the criteria in paragraph (o)(3)(i) of this section and those meeting the criteria in paragraph (o)(3)(ii) of this section. For the purpose of this requirement, a single root cause analysis conducted for an event that met both of the criteria in paragraphs (o)(3)(i) and (ii) of this section would be counted as an event under each of the separate criteria counts for that flare. Additionally, if a single root cause analysis was conducted for an event that caused multiple flares to meet the criteria in paragraph (o)(3)(i) or (ii) of this section, that event would count as an event for each of the flares for each criteria in paragraph (o)(3) of this section that was met during that event. Prior to June 3, 2024, the owner or operator shall also determine the total number of events for which a root cause and correct action analyses was required and the analyses concluded that the root cause was a force majeure event, as defined in this subpart. (7) The following events would be a violation of this emergency flaring work practice standard. (i) Any flow event for which a root cause analysis was required and the root cause was determined to be operator error or poor maintenance. (ii) Prior to June 3, 2024, two visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for the same root cause for the same equipment. On and after June 3, 2024, two visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section from a single flare in a 3 calendar year period for the same root cause for the same equipment. (iii) Prior to June 3, 2024, two flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for the same root cause for the same equipment. On and after June 3, 2024, two flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section from a single flare in a 3 calendar year period for the same root cause for the same equipment. (iv) Prior to June 3, 2024, three visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for any reason. On and after June 3, 2024, three visible emissions exceedance events meeting the criteria in paragraph (o)(3)(i) of this section from a single flare in a 3 calendar year period for any reason. (v) Prior to June 3, 2024, three flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section that were not caused by a force majeure event from a single flare in a 3 calendar year period for any reason. On and after June 3, 2024, three flare tip velocity exceedance events meeting the criteria in paragraph (o)(3)(ii) of this section from a single flare in a 3 calendar year period for any reason. (p) Flare monitoring records. (q) Reporting. (r) Alternative means of emissions limitation. (1) The owner or operator shall prepare and submit a site-specific test plan and receive approval of the site-specific performance evaluation plan prior to conducting any flare performance evaluation test runs intended for use in developing site-specific operating limits. The site-specific performance evaluation plan shall include, at a minimum, the elements specified in paragraphs (r)(1)(i) through (ix) of this section. Upon approval of the site-specific performance evaluation plan, the owner or operator shall conduct performance evaluation test runs for the flare following the procedures described in the site-specific performance evaluation plan. (i) The design and dimensions of the flare, flare type (air-assisted only, steam-assisted only, air- and steam-assisted, pressure-assisted, or non-assisted), and description of gas being flared, including quantity of gas flared, frequency of flaring events (if periodic), expected net heating value of flare vent gas, minimum total steam assist rate. (ii) The operating conditions (vent gas compositions, vent gas flow rates and assist flow rates, if applicable) likely to be encountered by the flare during normal operations and the operating conditions for the test period. (iii) A description of (including sample calculations illustrating) the planned data reduction and calculations to determine the flare combustion or destruction efficiency. (iv) Site-specific operating parameters to be monitored continuously during the flare performance evaluation. These parameters may include but are not limited to vent gas flow rate, steam and/or air assist flow rates, and flare vent gas composition. If new operating parameters are proposed for use other than those specified in paragraphs (d) through (f) of this section, an explanation of the relevance of the proposed operating parameter(s) as an indicator of flare combustion performance and why the alternative operating parameter(s) can adequately ensure that the flare achieves the required combustion efficiency. (v) A detailed description of the measurement methods, monitored pollutant(s), measurement locations, measurement frequency, and recording frequency proposed for both emission measurements and flare operating parameters. (vi) A description of (including sample calculations illustrating) the planned data reduction and calculations to determine the flare operating parameters. (vii) The minimum number and length of test runs and range of operating values to be evaluated during the performance evaluation. A sufficient number of test runs shall be conducted to identify the point at which the combustion/destruction efficiency of the flare deteriorates. (viii) [Reserved] (ix) Test schedule. (2) The request for flare-specific operating limits shall include sufficient and appropriate data, as determined by the Administrator, to allow the Administrator to confirm that the selected site-specific operating limit(s) adequately ensures that the flare destruction efficiency is 98 percent or greater or that the flare combustion efficiency is 96.5 percent or greater at all times. At a minimum, the request shall contain the information described in paragraphs (r)(2)(i) through (iv) of this section. (i) The design and dimensions of the flare, flare type (air-assisted only, steam-assisted only, air- and steam-assisted, pressure-assisted, or non-assisted), and description of gas being flared, including quantity of gas flared, frequency of flaring events (if periodic), expected net heating value of flare vent gas, minimum total steam assist rate. (ii) Results of each performance evaluation test run conducted, including, at a minimum: (A) The measured combustion/destruction efficiency. (B) The measured or calculated operating parameters for each test run. If operating parameters are calculated, the raw data from which the parameters are calculated must be included in the test report. (C) Measurement location descriptions for both emission measurements and flare operating parameters. (D) Description of sampling and analysis procedures (including number and length of test runs) and any modifications to standard procedures. If there were deviations from the approved test plan, a detailed description of the deviations and rationale why the test results or calculation procedures used are appropriate. (E) Operating conditions ( e.g. (F) Quality assurance procedures. (G) Records of calibrations. (H) Raw data sheets for field sampling. (I) Raw data sheets for field and laboratory analyses. (J) Documentation of calculations. (iii) The selected flare-specific operating limit values based on the performance evaluation test results, including the averaging time for the operating limit(s), and rationale why the selected values and averaging times are sufficiently stringent to ensure proper flare performance. If new operating parameters or averaging times are proposed for use other than those specified in paragraphs (d) through (f) of this section, an explanation of why the alternative operating parameter(s) or averaging time(s) adequately ensures the flare achieves the required combustion efficiency. (iv) The means by which the owner or operator will document on-going, continuous compliance with the selected flare-specific operating limit(s), including the specific measurement location and frequencies, calculation procedures, and records to be maintained. (3) The request shall be submitted as described in paragraphs (r)(3)(i) through (iv) of this section. (i) The owner or operator may request approval from the Administrator at any time upon completion of a performance evaluation conducted following the methods in an approved site-specific performance evaluation plan for an operating limit(s) that shall apply specifically to that flare. (ii) The request must be submitted to the Administrator for approval. The owner or operator must continue to comply with the applicable standards for flares in this subpart until the requirements in § 63.6(g)(1) are met and a notice is published in the Federal Register (iii) The request shall also be submitted to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Refinery Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies may also be submitted to refineryrtr@epa.gov. (iv) If the Administrator finds any deficiencies in the request, the request must be revised to address the deficiencies and be re-submitted for approval within 45 days of receipt of the notice of deficiencies. The owner or operator must comply with the revised request as submitted until it is approved. (4) The approval process for a request for a flare-specific operating limit(s) is described in paragraphs (r)(4)(i) through (iii) of this section. (i) Approval by the Administrator of a flare-specific operating limit(s) request will be based on the completeness, accuracy and reasonableness of the request. Factors that the EPA will consider in reviewing the request for approval include, but are not limited to, those described in paragraphs (r)(4)(i)(A) through (C) of this section. (A) The description of the flare design and operating characteristics. (B) If a new operating parameter(s) other than those specified in paragraphs (d) through (f) of this section is proposed, the explanation of how the proposed operating parameter(s) serves a good indicator(s) of flare combustion performance. (C) The results of the flare performance evaluation test runs and the establishment of operating limits that ensures that the flare destruction efficiency is 98 percent or greater or that the flare combustion efficiency is 96.5 percent or greater at all times. (D) The completeness of the flare performance evaluation test report. (ii) If the request is approved by the Administrator, a flare-specific operating limit(s) will be established at the level(s) demonstrated in the approved request. (iii) If the Administrator finds any deficiencies in the request, the request must be revised to address the deficiencies and be re-submitted for approval. [80 FR 75258, Dec. 1, 2015, as amended at 81 FR 45241, July 13, 2016; 83 FR 60720, Nov. 26, 2018; 85 FR 6083, Feb. 4, 2020; 89 FR 23860, Apr. 4, 2024] § 63.671 Requirements for flare monitoring systems. (a) Operation of CPMS (1) Except for CPMS installed for pilot flame monitoring, all monitoring equipment must meet the applicable minimum accuracy, calibration and quality control requirements specified in table 13 of this subpart. (2) The owner or operator shall ensure the readout (that portion of the CPMS that provides a visual display or record) or other indication of the monitored operating parameter from any CPMS required for compliance is readily accessible onsite for operational control or inspection by the operator of the source. (3) All CPMS must complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 15-minute period. (4) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), the owner or operator shall operate all CPMS and collect data continuously at all times when regulated emissions are routed to the flare. (5) The owner or operator shall operate, maintain, and calibrate each CPMS according to the CPMS monitoring plan specified in paragraph (b) of this section. (6) For each CPMS except for CPMS installed for pilot flame monitoring, the owner or operator shall comply with the out-of-control procedures described in paragraph (c) of this section. (7) The owner or operator shall reduce data from a CPMS as specified in paragraph (d) of this section. (8) The CPMS must be capable of measuring the appropriate parameter over the range of values expected for that measurement location. The data recording system associated with each CPMS must have a resolution that is equal to or better than the required system accuracy. (b) CPMS monitoring plan. (1) Identification of the specific flare being monitored and the flare type (air-assisted only, steam-assisted only, air- and steam-assisted, pressure-assisted, or non-assisted). (2) Identification of the parameter to be monitored by the CPMS and the expected parameter range, including worst case and normal operation. (3) Description of the monitoring equipment, including the information specified in paragraphs (b)(3)(i) through (vii) of this section. (i) Manufacturer and model number for all monitoring equipment components installed to comply with applicable provisions in § 63.670. (ii) Performance specifications, as provided by the manufacturer, and any differences expected for this installation and operation. (iii) The location of the CPMS sampling probe or other interface and a justification of how the location meets the requirements of paragraph (a)(1) of this section. (iv) Placement of the CPMS readout, or other indication of parameter values, indicating how the location meets the requirements of paragraph (a)(2) of this section. (v) Span of the CPMS. The span of the CPMS sensor and analyzer must encompass the full range of all expected values. (vi) How data outside of the span of the CPMS will be handled and the corrective action that will be taken to reduce and eliminate such occurrences in the future. (vii) Identification of the parameter detected by the parametric signal analyzer and the algorithm used to convert these values into the operating parameter monitored to demonstrate compliance, if the parameter detected is different from the operating parameter monitored. (4) Description of the data collection and reduction systems, including the information specified in paragraphs (b)(4)(i) through (iii) of this section. (i) A copy of the data acquisition system algorithm used to reduce the measured data into the reportable form of the standard and to calculate the applicable averages. (ii) Identification of whether the algorithm excludes data collected during CPMS breakdowns, out-of-control periods, repairs, maintenance periods, instrument adjustments or checks to maintain precision and accuracy, calibration checks, and zero (low-level), mid-level (if applicable) and high-level adjustments. (iii) If the data acquisition algorithm does not exclude data collected during CPMS breakdowns, out-of-control periods, repairs, maintenance periods, instrument adjustments or checks to maintain precision and accuracy, calibration checks, and zero (low-level), mid-level (if applicable) and high-level adjustments, a description of the procedure for excluding this data when the averages calculated as specified in paragraph (e) of this section are determined. (5) Routine quality control and assurance procedures, including descriptions of the procedures listed in paragraphs (b)(5)(i) through (vi) of this section and a schedule for conducting these procedures. The routine procedures must provide an assessment of CPMS performance. (i) Initial and subsequent calibration of the CPMS and acceptance criteria. (ii) Determination and adjustment of the calibration drift of the CPMS. (iii) Daily checks for indications that the system is responding. If the CPMS system includes an internal system check, the owner or operator may use the results to verify the system is responding, as long as the system provides an alarm to the owner or operator or the owner or operator checks the internal system results daily for proper operation and the results are recorded. (iv) Preventive maintenance of the CPMS, including spare parts inventory. (v) Data recording, calculations and reporting. (vi) Program of corrective action for a CPMS that is not operating properly. (c) Out-of-control periods (1) A CPMS is out-of-control if the zero (low-level), mid-level (if applicable) or high-level calibration drift exceeds two times the accuracy requirement of table 13 of this subpart. (2) When the CPMS is out of control, the owner or operator shall take the necessary corrective action and repeat all necessary tests that indicate the system is out of control. The owner or operator shall take corrective action and conduct retesting until the performance requirements are below the applicable limits. The beginning of the out-of-control period is the hour a performance check ( e.g. (d) CPMS data reduction (1) The owner or operator may round the data to the same number of significant digits used in that operating limit. (2) Periods of non-operation of the process unit (or portion thereof) resulting in cessation of the emissions to which the monitoring applies must not be included in the 15-minute block averages. (3) Periods when the CPMS is out of control must not be included in the 15-minute block averages. (e) Additional requirements for gas chromatographs. (1) The quality assurance requirements are in table 13 of this subpart. (2) The calibration gases must meet one of the following options: (i) The owner or operator must use a calibration gas or multiple gases that include all of compounds listed in paragraphs (e)(2)(i)(A) through (K) of this section that may be reasonably expected to exist in the flare gas stream and optionally include any of the compounds listed in paragraphs (e)(2)(i)(L) through (O) of this section. All of the calibration gases may be combined in one cylinder. If multiple calibration gases are necessary to cover all compounds, the owner or operator must calibrate the instrument on all of the gases. (A) Hydrogen. (B) Methane. (C) Ethane. (D) Ethylene. (E) Propane. (F) Propylene. (G) n-Butane. (H) iso-Butane. (I) Butene (general). It is not necessary to separately speciate butene isomers, but the net heating value of trans-butene must be used for co-eluting butene isomers. (J) 1,3-Butadiene. It is not necessary to separately speciate butadiene isomers, but you must use the response factor and net heating value of 1,3-butadiene for co-eluting butadiene isomers. (K) n-Pentane. Use the response factor for n-pentane to quantify all C5+ hydrocarbons. (L) Acetylene (optional). (M) Carbon monoxide (optional). (N) Propadiene (optional). (O) Hydrogen sulfide (optional). (ii) The owner or operator must use a surrogate calibration gas consisting of hydrogen and C1 through C5 normal hydrocarbons. All of the calibration gases may be combined in one cylinder. If multiple calibration gases are necessary to cover all compounds, the owner or operator must calibrate the instrument on all of the gases. (3) If the owner or operator chooses to use a surrogate calibration gas under paragraph (e)(2)(ii) of this section, the owner or operator must comply with paragraphs (e)(3)(i) and (ii) of this section. (i) Use the response factor for the nearest normal hydrocarbon ( i.e., (ii) Use the response factor for n-pentane to quantify unknown components detected in the analysis that elute after n-pentane. (4) Beginning on April 4, 2024, the owner or operator must initially determine the average instrument calibration error during the Seven (7)-Day Calibration Error Test Period and subsequently perform daily calibration and quarterly audits using either the compound-specific calibration error (CE) method provided in paragraph (i) of this section or using the net heating value (NHV) method provided in paragraph (ii) of this section. (i) The average instrument CE for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using the following equation: Where: Where: C m C a (ii) The CE for NHV at any calibration level must not differ by more than 10 percent from the certified cylinder gas value. The CE for must be calculated using the following equation: Where: NHV measured NHV a (f) Additional requirements for continuous process mass spectrometers. (1) You must meet the calibration gas requirements in paragraph (e)(2) of this section. You may augment the minimum list of calibration gas components found in paragraph (e)(2) of this section with compounds found during a pre-survey or known to be in the gas through process knowledge. (2) Calibration gas cylinders ( i.e., (3) For unknown gas components that have similar analytical mass fragments to calibration compounds, you may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, you may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's net heating value of flare vent gas (NHV vg (4) You may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane. (5) You must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds. (6) You must meet applicable requirements in Table 13 of this subpart for Net Heating Value by Mass Spectrometer. (7) The owner or operator must estimate the instrument calibration error in accordance with paragraph (e)(4) of this section. [80 FR 75266, Dec. 1, 2015, as amended at 89 FR 23861, Apr. 4, 2024] §§ 63.672-63.679 [Reserved] Appendix to Subpart CC of Part 63—Tables Table 1—Hazardous Air Pollutants Chemical name CAS No. a Benzene 71432 Biphenyl 92524 Butadiene (1,3) 106990 Carbon disulfide 75150 Carbonyl sulfide 463581 Cresol (mixed isomers b 1319773 Cresol (m-) 108394 Cresol (o-) 95487 Cresol (p-) 106445 Cumene 98828 Dibromoethane (1,2) (ethylene dibromide) 106934 Dichloroethane (1,2) 107062 Diethanolamine 111422 Ethylbenzene 100414 Ethylene glycol 107211 Hexane 110543 Methanol 67561 Methyl isobutyl ketone (hexone) 108101 Methyl tert butyl ether 1634044 Naphthalene 91203 Phenol 108952 Toluene 108883 Trimethylpentane (2,2,4) 540841 Xylene (mixed isomers b 1330207 xylene (m-) 108383 xylene (o-) 95476 xylene (p-) 106423 a b Table 2—Leak Definitions for Pumps and Valves Standard a Phase Leak definition (parts per million) § 63.163 (pumps) I 10,000 II 5,000 III 2,000 § 63.168 (valves) I 10,000 II 1,000 III 1,000 a Table 3—Equipment Leak Recordkeeping and Reporting Requirements for Sources Complying With § 63.648 of Subpart CC by Compliance With Subpart H of this Part a Reference (section of subpart H of this part) Description Comment 63.181(a) Recordkeeping system requirements Except for §§ 63.181(b)(2)(iii) and 63.181(b)(9). 63.181(b) Records required for process unit equipment Except for §§ 63.181(b)(2)(iii) and 63.181(b)(9). 63.181(c) Visual inspection documentation Except for §§ 63.181(b)(2)(iii) and 63.181(b)(9). 63.181(d) Leak detection record requirements Except for § 63.181(d)(8). 63.181(e) Compliance requirements for pressure tests for batch product process equipment trains This subsection does not apply to subpart CC. 63.181(f) Compressor compliance test records. 63.181(g) Closed-vent systems and control device record requirements. 63.181(h) Process unit quality improvement program records. 63.181(i) Heavy liquid service determination record. 63.181(j) Equipment identification record. 63.181(k) Enclosed-vented process unit emission limitation record requirements. 63.182(a) Reports. 63.182(b) Initial notification report requirements. Not required. 63.182(c) Notification of compliance status report Except in § 63.182(c); change “within 90 days of the compliance dates” to “within 150 days of the compliance dates”; except in §§ 63.182 (c)(2) and (c)(4). 63.182(d) Periodic report Except for §§ 63.182 (d)(2)(vii), (d)(2)(viii), and (d)(3). a Table 4—Gasoline Distribution Emission Point Recordkeeping and Reporting Requirements a Reference (section of Description Comment 63.428(b) or (k) Records of test results for each gasoline cargo tank loaded at the facility 63.428(c) Continuous monitoring data recordkeeping requirements 63.428(g)(1) Semiannual report loading rack information Required to be submitted with the Periodic Report required under 40 CFR part 63, subpart CC. 63.428(h)(1) through (h)(3) Excess emissions report loading rack information Required to be submitted with the Periodic Report required under 40 CFR part 63, subpart CC. a Table 5—Marine Vessel Loading Operations Recordkeeping and Reporting Requirements a Reference (section of subpart Y) Description Comment 63.562(e)(2) Operation and maintenance plan for control equipment and monitoring equipment 63.565(a) Performance test/site test plan The information required under this paragraph is to be submitted with the Notification of Compliance Status report required under 40 CFR part 63, subpart CC. 63.565(b) Performance test data requirements 63.567(a) General Provisions (subpart A) applicability 63.567(c) Request for extension of compliance 63.567(d) Flare recordkeeping requirements 63.567(e) Summary report and excess emissions and monitoring system performance report requirements The information required under this paragraph is to be submitted with the Periodic Report required under 40 CFR part 63, subpart CC. 63.567(f) Vapor collection system engineering report 63.567(g) Vent system valve bypass recordkeeping requirements 63.567(h) Marine vessel vapor-tightness documentation 63.567(i) Documentation file maintenance 63.567(j) Emission estimation reporting and recordkeeping procedures a Table 6—General Provisions Applicability to Subpart CC a Reference Applies to subpart CC Comment 63.1(a)(1) Yes 63.1(a)(2) Yes 63.1(a)(3) Yes 63.1(a)(4) Yes 63.1(a)(5) No Reserved. 63.1(a)(6) Yes Except the correct mail drop (MD) number is C404-04. 63.1(a)(7)-63.1(a)(9) No Reserved. 63.1(a)(10) Yes 63.1(a)(11) Yes 63.1(a)(12) Yes 63.1(b)(1) Yes 63.1(b)(2) No Reserved. 63.1(b)(3) No 63.1(c)(1) Yes 63.1(c)(2) No Area sources are not subject to subpart CC. 63.1(c)(3)-63.1(c)(4) No Reserved. 63.1(c)(5) Yes Except that sources are not required to submit notifications overridden by this table. 63.1(c)(6) Yes 63.1(d) No Reserved. 63.1(e) No No CAA section 112(j) standard applies to the affected sources under subpart CC. 63.2 Yes § 63.641 of subpart CC specifies that if the same term is defined in subparts A and CC, it shall have the meaning given in subpart CC. 63.3 Yes 63.4(a)(1)-63.4(a)(2) Yes 63.4(a)(3)-63.4(a)(5) No Reserved. 63.4(b) Yes 63.4(c) Yes 63.5(a) Yes 63.5(b)(1) Yes 63.5(b)(2) No Reserved. 63.5(b)(3) Yes 63.5(b)(4) Yes Except the cross-reference to § 63.9(b) is changed to § 63.9(b)(4) and (5). Subpart CC overrides § 63.9 (b)(2). 63.5(b)(5) No Reserved. 63.5(b)(6) Yes 63.5(c) No Reserved. 63.5(d)(1)(i) Yes Except that the application shall be submitted as soon as practicable before startup, but no later than 90 days after the promulgation date of subpart CC if the construction or reconstruction had commenced and initial startup had not occurred before the promulgation of subpart CC. 63.5(d)(1)(ii) Yes Except that for affected sources subject to this subpart, emission estimates specified in § 63.5(d)(1)(ii)(H) are not required, and § 63.5(d)(1)(ii)(G) and (I) are Reserved and do not apply. 63.5(d)(1)(iii) No Subpart CC § 63.655(f) specifies Notification of Compliance Status report requirements. 63.5(d)(2) Yes 63.5(d)(3) Yes 63.5(d)(4) Yes 63.5(e) Yes 63.5(f) Yes Except that the cross-reference in § 63.5(f)(2) to § 63.9(b)(2) does not apply. 63.6(a) Yes 63.6(b)(1)-63.6(b)(5) No Subpart CC specifies compliance dates and notifications for sources subject to subpart CC. 63.6(b)(6) No Reserved. 63.6(b)(7) Yes 63.6(c)(1)-63.6(c)(2) No § 63.640 of subpart CC specifies the compliance date. 63.6(c)(3)-63.6(c)(4) No Reserved. 63.6(c)(5) Yes 63.6(d) No Reserved. 63.6(e)(1)(i) and (ii) No See § 63.642(n) for general duty requirement. 63.6(e)(1)(iii) Yes. 63.6(e)(2) No Reserved. 63.6(e)(3)(i) No. 63.6(e)(3)(ii) No Reserved. 63.6(e)(3)(iii)-63.6(e)(3)(ix) No. 63.6(f)(1) No. 63.6(f)(2) Yes Except the phrase “as specified in § 63.7(c)” in § 63.6(f)(2)(iii)(D) does not apply because this subpart does not require a site-specific test plan. 63.6(f)(3) Yes Except the cross-references to § 63.6(f)(1) and (e)(1)(i) are changed to § 63.642(n) and performance test results may be written or electronic. 63.6(g) Yes 63.6(h)(1) No. 63.6(h)(2) Yes Except § 63.6(h)(2)(ii), which is reserved. 63.6(h)(3) No Reserved. 63.6(h)(4) No Notification of visible emission test not required in subpart CC. 63.6(h)(5) No Visible emission requirements and timing is specified in § 63.645(i) of subpart CC. 63.6(h)(6) Yes 63.6(h)(7) No Subpart CC does not require opacity standards. 63.6(h)(8) Yes Except performance test results may be written or electronic. 63.6(h)(9) No Subpart CC does not require opacity standards. 63.6(i) Yes Except for § 63.6(i)(15), which is reserved. 63.6(j) Yes 63.7(a)(1) Yes 63.7(a)(2) Yes Except test results must be submitted in the Notification of Compliance Status report due 150 days after compliance date, as specified in § 63.655(f), unless they are required to be submitted electronically in accordance with § 63.655(h)(9). Test results required to be submitted electronically must be submitted by the date the Notification of Compliance Status report is submitted. 63.7(a)(3) Yes 63.7(a)(4) Yes 63.7(b) Yes Except this subpart requires notification of performance test at least 30 days (rather than 60 days) prior to the performance test. 63.7(c) No Subpart CC does not require a site-specific test plan. 63.7(d) Yes 63.7(e)(1) No See § 63.642(d)(3). 63.7(e)(2)-63.7(e)(4) Yes 63.7(f) Yes Except that additional notification or approval is not required for alternatives directly specified in Subpart CC. 63.7(g) No Performance test reporting specified in § 63.655(f). 63.7(h)(1) Yes 63.7(h)(2) Yes 63.7(h)(3) Yes Yes, except site-specific test plans shall not be required, and where § 63.7(h)(3)(i) specifies waiver submittal date, the date shall be 90 days prior to the Notification of Compliance Status report in § 63.655(f). 63.7(h)(4)(i) Yes 63.7(h)(4)(ii) No Site-specific test plans are not required in subpart CC. 63.7(h)(4)(iii) and (iv) Yes 63.7(h)(5) Yes 63.8(a)(1) and (2) Yes. 63.8(a)(3) No Reserved. 63.8(a)(4) Yes Except that for a flare complying with § 63.670, the cross-reference to § 63.11 in this paragraph does not include § 63.11(b). 63.8(b) Yes 63.8(c)(1) Yes Except § 63.8(c)(1)(i) and (iii). 63.8(c)(1)(i) No See § 63.642(n). 63.8(c)(1)(iii) No. 63.8(c)(2) Yes 63.8(c)(3) Yes Except that verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment would monitor accurately. 63.8(c)(4) Yes Except that for sources other than flares, this subpart specifies the monitoring cycle frequency specified in § 63.8(c)(4)(ii) is “once every hour” rather than “for each successive 15-minute period.” 63.8(c)(5)-63.8(c)(8) No This subpart specifies continuous monitoring system requirements. 63.8(d) No This subpart specifies quality control procedures for continuous monitoring systems. 63.8(e) Yes Except that results are to be submitted electronically if required by § 63.655(h)(9). 63.8(f)(1) Yes 63.8(f)(2) Yes 63.8(f)(3) Yes 63.8(f)(4)(i) No Timeframe for submitting request is specified in § 63.655(h)(5)(i) of subpart CC. 63.8(f)(4)(ii) Yes 63.8(f)(4)(iii) No Timeframe for submitting request is specified in § 63.655(h)(5)(i) of subpart CC. 63.8(f)(5) Yes 63.8(f)(6) No Subpart CC does not require continuous emission monitors. 63.8(g) No This subpart specifies data reduction procedures in §§ 63.655(i)(3) and 63.671(d). 63.9(a) Yes Except that the owner or operator does not need to send a copy of each notification submitted to the Regional Office of the EPA as stated in § 63.9(a)(4)(ii). 63.9(b)(1) Yes Except the notification of compliance status report specified in § 63.655(f) of subpart CC may also serve as the initial compliance notification required in § 63.9(b)(1)(iii). 63.9(b)(2) No A separate Initial Notification report is not required under subpart CC. 63.9(b)(3) No Reserved. 63.9(b)(4) Yes Except for subparagraphs § 63.9(b)(4)(ii) through (iv), which are reserved. 63.9(b)(5) Yes 63.9(c) Yes 63.9(d) Yes 63.9(e) No Subpart CC requires notification of performance test at least 30 days (rather than 60 days) prior to the performance test and does not require a site-specific test plan. 63.9(f) No Subpart CC does not require advanced notification of visible emissions test. 63.9(g) No 63.9(h) No Subpart CC § 63.655(f) specifies Notification of Compliance Status report requirements. 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) No § 63.655(i) of subpart CC specifies record retention requirements. 63.10(b)(2)(i) No. 63.10(b)(2)(ii) No § 63.655(i) specifies the records that must be kept. 63.10(b)(2)(iii) No 63.10(b)(2)(iv) No. 63.10(b)(2)(v) No. 63.10(b)(2)(vi) Yes 63.10(b)(2)(vii) No § 63.655(i) specifies records to be kept for parameters measured with continuous monitors. 63.10(b)(2)(viii) Yes 63.10(b)(2)(ix) Yes 63.10(b)(2)(x) Yes 63.10(b)(2)(xi) No 63.10(b)(2)(xii) Yes 63.10(b)(2)(xiii) No 63.10(b)(2)(xiv) Yes 63.10(b)(3) No 63.10(c)(1)-63.10(c)(6) No 63.10(c)(7) and 63.10(c)(8) Yes 63.10(c)(9) No Reserved. 63.10(c)(10)-63.10(c)(11) No § 63.655(i) specifies the records that must be kept. 63.10(c)(12)-63.10(c)(15) No. 63.10(d)(1) Yes 63.10(d)(2) No Although § 63.655(f) specifies performance test reporting, EPA may approve other timeframes for submittal of performance test data. 63.10(d)(3) No Results of visible emissions test are included in Compliance Status Report as specified in § 63.655(f). 63.10(d)(4) Yes 63.10(d)(5) No § 63.655(g) specifies the reporting requirements. 63.10(e) No 63.10(f) Yes 63.11 Yes Except that flares complying with § 63.670 are not subject to the requirements of § 63.11(b). 63.12-63.16 Yes. a e.g., Table 7—Fraction Measured (F M E Chemical name CAS No. a F m F e Fr Benzene 71432 1.00 0.80 0.99 Biphenyl 92524 0.86 0.45 0.99 Butadiene (1,3) 106990 1.00 0.98 0.99 Carbon disulfide 75150 1.00 0.92 0.99 Cumene 98828 1.00 0.88 0.99 Dichloroethane (1,2-) (Ethylene dichloride) 107062 1.00 0.64 0.99 Ethylbenzene 100414 1.00 0.83 0.99 Hexane 110543 1.00 1.00 0.99 Methanol 67561 0.85 0.17 0.31 Methyl isobutyl ketone (hexone) 108101 0.98 0.53 0.99 Methyl tert butyl ether 1634044 1.00 0.57 0.99 Naphthalene 91203 0.99 0.51 0.99 Trimethylpentane (2,2,4) 540841 1.00 1.00 0.99 xylene (m-) 108383 1.00 0.82 0.99 xylene (o-) 95476 1.00 0.79 0.99 xylene (p-) 106423 1.00 0.82 0.99 a Table 8—Valve Monitoring Frequency for Phase III Performance level Valve monitoring frequency Leaking valves a ≥4 Monthly or QIP. b <4 Quarterly. <3 Semiannual. <2 Annual. a b Table 9—Valve Monitoring Frequency for Alternative Performance level Valve monitoring frequency under § 63.649 alternative Leaking valves a ≥5 Monthly or QIP. b <5 Quarterly. <4 Semiannual. <3 Annual. a b Table 10—Miscellaneous Process Vents—Monitoring, Recordkeeping and Reporting Requirements for Complying With 98 Weight-Percent Reduction of Total Organic HAP Emissions or a Limit of 20 Parts Per Million by Volume Control device Parameters to be monitored a Recordkeeping and reporting requirements for monitored parameters Thermal incinerator Firebox temperature b 1. Continuous records c 2. Record and report the firebox temperature averaged over the full period of the performance test—NCS d 3. Record the daily average firebox temperature for each operating day e 4. Report all daily average temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Catalytic incinerator Temperature upstream and downstream of the catalyst bed (63.644(a)(1)(ii)) 1. Continuous records c 2. Record and report the upstream and downstream temperatures and the temperature difference across the catalyst bed averaged over the full period of the performance test—NCS d 3. Record the daily average upstream temperature and temperature difference across the catalyst bed for each operating day e 4. Report all daily average upstream temperatures that are outside the range established in the NCS or operating permit—PR g 5. Report all daily average temperature differences across the catalyst bed that are outside the range established in the NCS or operating permit—PR g 6. Report all operating days when insufficient monitoring data are collected f Boiler or process heater with a design heat capacity less than 44 megawatts where the vent stream is not h i Firebox temperature b 1. Continuous records c 2. Record and report the firebox temperature averaged over the full period of the performance test—NCS d 3. Record the daily average firebox temperature for each operating day e 4. Report all daily average firebox temperatures that are outside the range established in the NCS or operating permit and all operating days when insufficient monitoring data are collected f g Flare (if meeting the requirements of §§ 63.643 and 63.644) Presence of a flame at the pilot light (63.644(a)(2)) 1. Hourly records of whether the monitor was continuously operating and whether a pilot flame was continuously present during each hour. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS d 3. Record the times and durations of all periods when all pilot flames for a flare are absent or the monitor is not operating. 4. Report the times and durations of all periods when all pilot flames for a flare are absent or the monitor is not operating. Flare (if meeting the requirements of §§ 63.670 and 63.671) The parameters specified in § 63.670 1. Records as specified in § 63.655(i)(9). g All control devices Presence of flow diverted to the atmosphere from the control device (§ 63.644(c)(1)) or 1. Hourly records of whether the flow indicator was operating and whether flow was detected at any time during each hour. g Monthly inspections of sealed valves (§ 63.644(c)(2)) 1. Records that monthly inspections were performed. g a b c d e f g h i Table 11—Compliance Dates and Requirements If the construction/ Then the owner or operator must comply with . . . And the owner or operator must achieve compliance . . . Except as provided in . . . (1) After June 30, 2014 (i) Requirements for new sources in §§ 63.643(a) and (b); 63.644, 63.645, and 63.647; 63.648(a) through (i) and (j)(1) and (2); 63.649 through 63.651; and 63.654 through 63.656 Upon initial startup § 63.640(k), (l) and (m). (ii) Requirements for new sources in §§ 63.642(n), 63.643(c), 63.648(j)(3), (6) and (7); and 63.657 through 63.660 Upon initial startup or February 1, 2016, whichever is later § 63.640(k), (l) and (m). (2) After September 4, 2007 but on or before June 30, 2014 (i) Requirements for new sources in §§ 63.643(a) and (b); 63.644, 63.645, and 63.647; 63.648(a) through (i) and (j)(1) and (2); and 63.649 through 63.651, 63.655 and 63.656 Upon initial startup § 63.640(k), (l) and (m). (ii) Requirements for new sources in § 63.654 Upon initial startup or October 28, 2009, whichever is later § 63.640(k), (l) and (m). (iii) Requirements for new sources in either § 63.646 or § 63.660 or, if applicable, § 63.640(n) Upon initial startup, but you must transition to comply with only the requirements in § 63.660 or, if applicable, § 63.640(n) on or before April 29, 2016 §§ 63.640(k), (l) and (m) and 63.660(d). (iv) Requirements for existing sources in § 63.643(c) On or before December 26, 2018 §§ 63.640(k), (l) and (m) and 63.643(d). (v) Requirements for existing sources in § 63.658 On or before January 30, 2018 § 63.640(k), (l) and (m). (vi) Requirements for existing sources in § 63.648 (j)(3), (6) and (7) and § 63.657 On or before January 30, 2019 § 63.640(k), (l) and (m). (vii) Requirements in § 63.642 (n) Upon initial startup or February 1, 2016, whichever is later (3) After July 14, 1994 but on or before September 4, 2007 (i) Requirements for new sources in §§ 63.643(a) and (b); 63.644, 63.645, and 63.647; 63.648(a) through (i) and (j)(1) and (2); and 63.649 through 63.651, 63.655 and 63.656 Upon initial startup or August 18, 1995, whichever is later § 63.640(k), (l) and (m). (ii) Requirements for existing sources in § 63.654 On or before October 29, 2012 § 63.640(k), (l) and (m). (iii) Requirements for new sources in either § 63.646 or § 63.660 or, if applicable, § 63.640(n) Upon initial startup, but you must transition to comply with only the requirements in § 63.660 or, if applicable, § 63.640(n) on or before April 29, 2016 §§ 63.640(k), (l) and (m) and 63.660(d). (iv) Requirements for existing sources in § 63.643(c) On or before December 26, 2018 §§ 63.640(k), (l) and (m) and 63.643(d). (v) Requirements for existing sources in § 63.658 On or before January 30, 2018 § 63.640(k), (l) and (m). (vi) Requirements for existing sources in §§ 63.648(j)(3), (6) and (7) and 63.657 On or before January 30, 2019 § 63.640(k), (l) and (m). (vii) Requirements in § 63.642(n) Upon initial startup or February 1, 2016, whichever is later (4) On or before July 14, 1994 (i) Requirements for existing sources in §§ 63.648(a) through (i) and (j)(1) and (2); and 63.649, 63.655 and 63.656 (A) On or before August 18, 1998 ( 1 2 (ii) Either the requirements for existing sources in §§ 63.643(a) and (b); 63.644, 63.645, 63.647, 63.650 and 63.651; and item (4)(v) of this table (A) On or before August 18, 1998 ( 1 2 (iii) Requirements for existing sources in either § 63.646 or § 63.660 or, if applicable, § 63.640(n) On or before August 18, 1998, but you must transition to comply with only the requirements in § 63.660 or, if applicable, § 63.640(n) on or before April 29, 2016 §§ 63.640(k), (l) and (m) and 63.660(d). (iv) Requirements for existing sources in § 63.654 On or before October 29, 2012 § 63.640(k), (l) and (m). (v) Requirements for existing sources in § 63.643(c) On or before December 26, 2018 §§ 63.640(k), (l) and (m) and 63.643(d). (vi) Requirements for existing sources in § 63.658 On or before January 30, 2018 § 63.640(k), (l) and (m). (vii) Requirements for existing sources in §§ 63.648(j)(3), (6) and (7) and 63.657 On or before January 30, 2019 § 63.640(k), (l) and (m). (viii) Requirements in § 63.642 (n) Upon initial startup or February 1, 2016, whichever is later Table 12—Individual Component Properties Component Molecular MW i CMN i NHV i LFL i Acetylene C 2 2 26.04 2 1,404 2.5 Benzene C 6 6 78.11 6 3,591 1.3 1,2-Butadiene C 4 6 54.09 4 2,794 2.0 1,3-Butadiene C 4 6 54.09 4 2,690 2.0 iso-Butane C 4 10 58.12 4 2,957 1.8 n-Butane C 4 10 58.12 4 2,968 1.8 cis-Butene C 4 8 56.11 4 2,830 1.6 iso-Butene C 4 8 56.11 4 2,928 1.8 trans-Butene C 4 8 56.11 4 2,826 1.7 Carbon Dioxide CO 2 44.01 1 0 ∞ Carbon Monoxide CO 28.01 1 316 12.5 Cyclopropane C 3 6 42.08 3 2,185 2.4 Ethane C 2 6 30.07 2 1,595 3.0 Ethylene C 2 4 28.05 2 1,477 2.7 Hydrogen H 2 2.02 0 1,212 a 4.0 Hydrogen Sulfide H 2 34.08 0 587 4.0 Methane CH 4 16.04 1 896 5.0 Methyl-Acetylene C 3 4 40.06 3 2,088 1.7 Nitrogen N 2 28.01 0 0 ∞ Oxygen O 2 32.00 0 0 ∞ Pentane+ (C5+) C 5 12 72.15 5 3,655 1.4 Propadiene C 3 4 40.06 3 2,066 2.16 Propane C 3 8 44.10 3 2,281 2.1 Propylene C 3 6 42.08 3 2,150 2.4 Water H 2 18.02 0 0 ∞ a Table 13—Calibration and Quality Control Requirements for CPMS Parameter Minimum accuracy requirements Calibration requirements Temperature ±1 percent over the normal range of temperature measured, expressed in degrees Celsius (C), or 2.8 degrees C, whichever is greater Conduct calibration checks at least annually; conduct calibration checks following any period of more than 24 hours throughout which the temperature exceeded the manufacturer's specified maximum rated temperature or install a new temperature sensor. At least quarterly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion, unless the CPMS has a redundant temperature sensor. Record the results of each calibration check and inspection. Locate the temperature sensor in a position that provides a representative temperature; shield the temperature sensor system from electromagnetic interference and chemical contaminants. Flow Rate for All Flows Other Than Flare Vent Gas ±5 percent over the normal range of flow measured or 1.9 liters per minute (0.5 gallons per minute), whichever is greater, for liquid flow Conduct a flow sensor calibration check at least biennially (every two years); conduct a calibration check following any period of more than 24 hours throughout which the flow rate exceeded the manufacturer's specified maximum rated flow rate or install a new flow sensor. ±5 percent over the normal range of flow measured or 280 liters per minute (10 cubic feet per minute), whichever is greater, for gas flow At least quarterly, inspect all components for leakage, unless the CPMS has a redundant flow sensor. ±5 percent over the normal range measured for mass flow Record the results of each calibration check and inspection. Locate the flow sensor(s) and other necessary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. Flare Vent Gas Flow Rate ±20 percent of flow rate at velocities ranging from 0.03 to 0.3 meters per second (0.1 to 1 feet per second) Conduct a flow sensor calibration check at least biennially (every two years); conduct a calibration check following any period of more than 24 hours throughout which the flow rate exceeded the manufacturer's specified maximum rated flow rate or install a new flow sensor. ±5 percent of flow rate at velocities greater than 0.3 meters per second (1 feet per second) At least quarterly, inspect all components for leakage, unless the CPMS has a redundant flow sensor. Record the results of each calibration check and inspection. Locate the flow sensor(s) and other necessary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. Pressure ±5 percent over the normal operating range or 0.12 kilopascals (0.5 inches of water column), whichever is greater Review pressure sensor readings at least once a week for straightline (unchanging) pressure and perform corrective action to ensure proper pressure sensor operation if blockage is indicated. Using an instrument recommended by the sensor's manufacturer, check gauge calibration and transducer calibration annually; conduct calibration checks following any period of more than 24 hours throughout which the pressure exceeded the manufacturer's specified maximum rated pressure or install a new pressure sensor. At least quarterly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage, unless the CPMS has a redundant pressure sensor. Record the results of each calibration check and inspection. Locate the pressure sensor(s) in a position that provides a representative measurement of the pressure and minimizes or eliminates pulsating pressure, vibration, and internal and external corrosion. Net Heating Value by Calorimeter ±2 percent of span Specify calibration requirements in your site specific CPMS monitoring plan. Calibration requirements should follow manufacturer's recommendations at a minimum. Temperature control (heated and/or cooled as necessary) the sampling system to ensure proper year-round operation. Where feasible, select a sampling location at least two equivalent diameters downstream from and 0.5 equivalent diameters upstream from the nearest disturbance. Select the sampling location at least two equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant concentration or emission rate occurs. Net Heating Value by Gas Chromatograph As specified in Performance Specification 9 of 40 CFR part 60, appendix B Follow the procedure in Performance Specification 9 of 40 CFR part 60, appendix B, except that a single daily mid-level calibration check can be used (rather than triplicate analysis), the multi-point calibration can be conducted quarterly (rather than monthly), and the sampling line temperature must be maintained at a minimum temperature of 60 °C (rather than 120 °C). Net Heating Value by Mass Spectrometer As specified in Performance Specifications 9 of 40 CFR part 60, appendix B Follow the procedure in Performance Specification 9 of 40 CFR part 60, appendix B, including performing an initial multi-point calibration check at three concentrations following the procedure in section 10.1 of Performance Specification 9, except that the multi-point calibration can be conducted quarterly (rather than monthly), and the sampling line temperature must be maintained at a minimum temperature of 60 °C (rather than 120 °C). Hydrogen analyzer ±2 percent over the concentration measured or 0.1 volume percent, whichever is greater Specify calibration requirements in your site specific CPMS monitoring plan. Calibration requirements should follow manufacturer's recommendations at a minimum. Where feasible, select the sampling location at least two equivalent duct diameters from the nearest control device, point of pollutant generation, air in-leakages, or other point at which a change in the pollutant concentration occurs. [60 FR 43260, Aug. 18, 1995, as amended at 61 FR 29881, 29882, June 12, 1996; 63 FR 44142, 44143, Aug. 18, 1998; 74 FR 55688, Oct. 28, 2009; 75 FR 37731, June 30, 2010; 80 FR 75269, Dec. 1, 2015; 81 FR 45241, July 13, 2016; 83 FR 60722, Nov. 26, 2018; 85 FR 73893, Nov. 19, 2020; 89 FR 23862, Apr. 4, 2024] Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations Source: 61 FR 34158, July 1, 1996, unless otherwise noted. § 63.680 Applicability and designation of affected sources. (a) The provisions of this subpart apply to the owner and operator of a plant site for which both of the conditions specified in paragraphs (a)(1) and (a)(2) of this section are applicable. If either one of these conditions does not apply to the plant site, then the owner and operator of the plant site are not subject to the provisions of this subpart. (1) The plant site is a major source of hazardous air pollutant (HAP) emissions as defined in 40 CFR 63.2. (2) At the plant site is located one or more of operations that receives off-site materials as specified in paragraph (b) of this section and the operations is one of the following waste management operations or recovery operations as specified in paragraphs (a)(2)(i) through (a)(2)(vi) of this section. (i) A waste management operation that receives off-site material and the operation is regulated as a hazardous waste treatment, storage, and disposal facility (TSDF) under either 40 CFR part 264 or part 265. (ii) A waste management operation that treats wastewater which is an off-site material and the operation is exempted from regulation as a hazardous waste treatment, storage, and disposal facility under 40 CFR 264.1(g)(6) or 40 CFR 265.1(c)(10). (iii) A waste management operation that treats wastewater which is an off-site material and the operation meets both of the following conditions: (A) The operation is subject to regulation under either section 402 or 307(b) of the Clean Water Act but is not owned by a “state” or “municipality” as defined by section 502(3) and 502(4), respectively, of the Clean Water Act; and (B) The treatment of wastewater received from off-site is the predominant activity performed at the plant site. (iv) A recovery operation that recycles or reprocesses hazardous waste which is an off-site material and the operation is exempted from regulation as a hazardous waste treatment, disposal, and storage facility under 40 CFR 264.1(g)(2) or 40 CFR 265.1(c)(6). (v) A recovery operation that recycles or reprocesses used solvent which is an off-site material and the operation is not part of a chemical, petroleum, or other manufacturing process that is required to use air emission controls by another subpart of 40 CFR part 63 or 40 CFR part 61. (vi) A recovery operation that re-refines or reprocesses used oil which is an off-site material and the operation is regulated under 40 CFR 279 subpart F—Standards for Used Oil Processors and Refiners. (b) For the purpose of implementing this subpart, an off-site material is a material that meets all of the criteria specified in paragraph (b)(1) of this section but is not one of the materials specified in paragraph (b)(2) of this section. (1) An off-site material is a material that meets all of the criteria specified in paragraphs (b)(1)(i) through (b)(1)(iii) of this section. If any one of these criteria do not apply to the material, then the material is not an off-site material subject to this subpart. (i) The material is a waste, used oil, or used solvent as defined in § 63.681 of this subpart; (ii) The waste, used oil, or used solvent is not produced or generated within the plant site, but the material is delivered, transferred, or otherwise moved to the plant site from a location outside the boundaries of the plant site; and (iii) The waste, used oil, or used solvent contains one or more of the hazardous air pollutants (HAP) listed in Table 1 of this subpart based on the composition of the material at the point-of-delivery, as defined in § 63.681 of this subpart. (2) For the purpose of implementing this subpart, the following materials are not off-site materials: (i) Household waste as defined in 40 CFR 258.2. (ii) Radioactive mixed waste managed in accordance with all applicable regulations under Atomic Energy Act and Nuclear Waste Policy Act authorities. (iii) Waste that is generated as a result of implementing remedial activities required under the Resource Conservation and Recovery Act (RCRA) corrective action authorities (RCRA sections 3004(u), 3004(v), or 3008(h)), Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) authorities, or similar Federal or State authorities. (iv) Waste containing HAP that is generated by residential households (e.g., old paint, home garden pesticides) and subsequently is collected as a community service by government agencies, businesses, or other organizations for the purpose of promoting the proper disposal of this waste. (v) Waste that is transferred from a chemical manufacturing plant or other facility for which the owner or operator of the facility from which the waste is transferred has complied with the provisions of the air emission control standards for process wastewater specified by another subpart of this part. This exemption does not apply to a source which complies with another subpart of this part by transferring its wastewater off-site for control. (vi) Waste that is transferred from a chemical manufacturing plant, petroleum refinery, or coke by-product recovery plant which is subject to 40 CFR part 61, subpart FF—National Emission Standards for Benzene Waste Operations, and for which both of the following conditions apply to the waste: (A) The waste is generated at a facility that is not exempted under the provisions of 40 CFR 61.342(a) from meeting the air emission control standards of 40 CFR part 61, subpart FF; and (B) The owner or operator of the facility from which the waste is transferred has complied with the provisions of 40 CFR 61.342(f)(2). (vii) Ship ballast water pumped from a ship to an onshore wastewater treatment facility. (viii) Hazardous waste that is stored for 10 days or less at a transfer facility in compliance with the provisions of 40 CFR 263.12. (c) Affected sources Off-site material management units. (2) Process vents. (i) Distillation process used for the treatment, recycling, or recovery of off-site material. Distillation means a process, either batch or continuous, separating one or more off-site material feed streams into two or more exit streams having different component concentrations from those in the feed stream or streams. The separation is achieved by the redistribution of the components between the liquid and vapor phases as they approach equilibrium within the distillation unit. (ii) Fractionation process used for the treatment, recycling, or recovery of off-site material. Fractionation means a liquid mixture separation process or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components. (iii) Thin-film evaporation process used for the treatment, recycling, or recovery of off-site material. Thin-film evaporation means a liquid mixture separation process or method that uses a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall. (iv) Solvent extraction process used for the treatment, recycling, or recovery of off-site material. Solvent extraction means a separation process or method in which a solid or a solution is contacted with a liquid solvent (the material and the solvent being relatively insoluble in each other) to preferentially dissolve and transfer one or more components into the solvent. (v) Steam stripping process used for the treatment, recycling, or recovery of off-site material. Steam stripping means a liquid mixture separation process or method in which vaporization of the volatile components of a liquid mixture occurs by the introduction of steam directly into the process. (vi) Gas stripping process used for the treatment, recycling, or recovery of off-site material. Gas stripping means a desorption process or method used to transfer one or more volatile components from a liquid mixture into a gas stream either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are examples of the process configurations used for contacting the gas and a liquid. (3) Equipment leaks. (i) The equipment component is a pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, or instrumentation system; (ii) The equipment component contains or contacts off-site material having a total HAP concentration equal to or greater than 10 percent by weight; and (iii) The equipment component is intended to operate for 300 hours or more during a calendar year in off-site material service, as defined in § 63.681 of this subpart. (d) Facility-wide exemption. (1) The owner or operator must prepare an initial determination of the total annual HAP quantity in the off-site material received at the plant site. This determination is based on the total quantity of the HAP listed in Table 1 of this subpart as determined at the point-of-delivery for each off-site material stream. (2) The owner or operator must prepare a new determination whenever the extent of changes to the quantity or composition of the off-site material received at the plant site could cause the total annual HAP quantity in the off-site material received at the plant site to exceed the limit of 1 megagram per year. (3) The owner or operator must maintain documentation to support the owner's or operator's determination of the total annual HAP quantity in the off-site material received at the plant site. This documentation must include the basis and data used for determining the HAP content of the off-site material. (e) Compliance dates Existing sources. (i) For an affected source that commenced construction or reconstruction before October 13, 1994 and receives off-site material for the first time before February 1, 2000, the owner or operator of this affected source must achieve compliance with the provisions of the subpart (except §§ 63.685(b)(1)(ii), 63.691(b)(2), and 63.691(c)(3)(i) and (ii)) on or before February 1, 2000 unless an extension has been granted by the Administrator as provided in § 63.6(i). These existing affected sources shall be in compliance with the tank requirements of § 63.685(b)(1)(ii) 2 years after the publication date of the final amendments on March 18, 2015, the equipment leak requirements of § 63.691(b)(2) 1 year after the publication date of the final amendments on March 18, 2015, and the pressure relief device monitoring requirements of § 63.691(c)(3)(i) and (ii) 3 years after the publication date of the final amendments on March 18, 2015. (ii) For an affected source that commenced construction or reconstruction before October 13, 1994, but receives off-site material for the first time on or after February 1, 2000, but before March 18, 2015, the owner or operator of the affected source must achieve compliance with the provisions of this subpart (except §§ 63.685(b)(1)(ii), 63.691(b)(2), and 63.691(c)(3)(i) and (ii)) upon the first date that the affected source begins to manage off-site material. These existing affected sources shall be in compliance with the tank requirements of § 63.685(b)(1)(ii) 2 years after the publication date of the final amendments on March 18, 2015, the equipment leak requirements of § 63.691(b)(2) 1 year after the publication date of the final amendments on March 18, 2015, and the pressure relief device monitoring requirements of § 63.691(c)(3)(i) and (ii) 3 years after the publication date of the final amendments on March 18, 2015. (iii) For an affected source that commenced construction or reconstruction before October 13, 1994, but receives off-site material for the first time on or after March 18, 2015, the owner or operator of the affected source must achieve compliance with the provisions of this subpart (except §§ 63.685 (b)(1)(ii), 63.691(b)(2), and 63.691(c)(3)(i) and (ii)) upon the first date that the affected source begins to manage off-site material. These existing affected sources shall be in compliance with the tank requirements of § 63.685(b)(1)(ii) 2 years after the publication date of the final amendments on March 18, 2015, the equipment leak requirements of § 63.691(b)(2) 1 year after the publication date of the final amendments on March 18, 2015, and the pressure relief device monitoring requirements of § 63.691(c)(3)(i) and (ii) 3 years after the publication date of the final amendments on March 18, 2015. (2) New sources. (f) The provisions of 40 CFR part 63, subpart A—General Provisions that apply and those that do not apply to this subpart are specified in Table 2 of this subpart. (g) Applicability of this subpart. (2) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions are being routed to such items of equipment, if the shutdown would contravene requirements of this subpart applicable to such items of equipment. [61 FR 34158, July 1, 1996, as amended at 65 FR 38963, July 20, 1999; 80 FR 14271, Mar. 18, 2015] § 63.681 Definitions. All terms used in this subpart shall have the meaning given to them in this section, 40 CFR 63.2 of this part, and the Act. Boiler Bypass Closed-vent system Closure device Container Continuous record Continuous recorder Continuous seal Control device Cover cover Emission point Enclosure External floating roof Fixed roof Flame zone Floating roof Flow indicator Hard-piping Hazardous air pollutants HAP Hazardous waste In gas/vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C; (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream; and (3) The fluid is a liquid at operating conditions. Note to In light liquid service: In liquid service Individual drain system Internal floating roof Light-material service Liquid-mounted seal Maximum HAP vapor pressure Metallic shoe seal No detectable organic emissions Off-site material Off-site material management unit Off-site material service Off-site material stream Oil-water separator Operating parameter value Organic-water separator Plant site Point-of-delivery Point-of-treatment Pressure release Pressure relief device or valve Process heater Process vent Recovery operation Separator Single-seal system Surface impoundment Tank Transfer system Temperature monitoring device Treatment process Used oil Used solvent Vapor-mounted seal Volatile organic hazardous air pollutant concentration VOHAP concentration m305 Waste Waste management operation Waste stabilization process [61 FR 34158, July 1, 1996, as amended at 64 FR 38964, July 20, 1999; 80 FR 14272, Mar. 18, 2015] § 63.682 [Reserved] § 63.683 Standards: General. (a) The general standards under this section apply to owners and operators of affected sources as designated in § 63.680(c) of this subpart. (b) Off-site material management units. (i) The owner or operator controls air emissions from the off-site material management unit in accordance with the applicable standards specified in §§ 63.685 through 63.689 of this subpart. (ii) The owner or operator removes or destroys HAP in the off-site material before placing the material in the off-site material management unit by treating the material in accordance with the standards specified in § 63.684 of this subpart. (iii) The owner or operator determines before placing off-site material in the off-site material management unit that the average VOHAP concentration of the off-site material is less than 500 parts per million by weight (ppmw) at the point-of-delivery. The owner or operator must perform an initial determination of the average VOHAP concentration of the off-site material using the procedures specified in § 63.694(b) of this subpart. This initial determination must be performed either before the first time any portion of the off-site material stream is placed in the unit or by the compliance date, whichever date is later. Thereafter, the owner or operator must review and update, as necessary, this determination at least once every calendar year following the date of the initial determination for the off-site material stream. (2) An off-site material management unit is exempted from the requirements in paragraph (b)(1) of this section when the owner or operator meets one of the exemptions provided in paragraphs (b)(2)(i) through (b)(2)(iv) of this section as applicable to the unit. (i) An off-site material management unit is exempted from the requirements in paragraph (b)(1) of this section if the off-site material management unit is also subject to another subpart under 40 CFR part 63 or 40 CFR part 61, and the owner or operator is controlling the HAP listed in Table 1 of this subpart that are emitted from the unit in compliance with the provisions specified in the other applicable subpart under part 61 or part 63. (ii) At the discretion of the owner or operator, one or a combination of off-site material management units may be exempted from the requirements in paragraph (b)(1) of this section when these units meet the condition that the total annual quantity of HAP contained in the off-site material placed in the units exempted under this paragraph (b)(2)(ii) is less than 1 megagram per year. For the off-site material management units selected by the owner or operator to be exempted from the requirements in paragraph (b)(1) of this section, the owner or operator must meet the requirements in paragraphs (b)(2)(ii)(A) and (b)(2)(ii)(B) of this section. An owner or operator may change the off-site material management units selected to be exempted under this paragraph (b)(2)(ii) by preparing a new designation for the exempt-units as required by paragraph (b)(2)(ii)(A) of this section and performing a new determination as required by paragraph (b)(2)(ii)(B) of this section. (A) The owner or operator must designate each of the off-site material management units selected by the owner or operator to be exempt under paragraph (b)(2)(ii) of this section by either submitting to the Administrator a written notification identifying the exempt-units or permanently marking the exempt-units at the plant site. If an owner or operator chooses to prepare and submit a written notification, this notification must include a site plan, process diagram, or other appropriate documentation identifying each of the exempt-units. If an owner or operator chooses to permanently mark the exempt-units, each exempt-unit must be marked in such a manner that it can be readily identified as an exempt-unit from the other off-site material management units located at the plant site. (B) The owner or operator must prepare an initial determination of the total annual HAP quantity in the off-site material placed in the units exempted under this paragraph (b)(2)(ii). This determination is based on the total quantity of the HAP listed in Table 1 of this subpart as determined at the point where the off-site material is placed in each exempted unit. The owner or operator must perform a new determination whenever the extent of changes to the quantity or composition of the off-site material placed in the exempted units could cause the total annual HAP content in the off-site material to exceed 1 megagram per year. The owner or operator must maintain documentation to support the most recent determination of the total annual HAP quantity. This documentation must include the basis and data used for determining the HAP content of the off-site material. (iii) A tank or surface impoundment is exempted from the requirements in paragraph (b)(1) of this section if the unit is used for a biological treatment process that meets the requirements in either paragraph (b)(2)(iii)(A) or (b)(2)(iii)(B) of this section and the owner or operator complies with the monitoring requirements in § 63.684(e)(4) of this subpart. (A) The HAP biodegradation efficiency (R bio bio (B) The total actual HAP mass removal rate (MR bio bio (iv) An off-site material management unit is exempted from the requirements in paragraph (b)(1) of this section if the off-site material placed in the unit is a hazardous waste that meets the conditions specified in either paragraph (b)(2)(iv)(A) or (b)(2)(iv)(B) of this section. (A) The hazardous waste meets the numerical organic concentration limits, applicable to the hazardous waste, as specified in 40 CFR part 268—Land Disposal Restrictions, listed in the table, “Treatment Standards for Hazardous Waste” in 40 CFR 268.40. (B) The organic hazardous constituents in the hazardous waste have been treated by the treatment technology established by the EPA for the hazardous waste in 40 CFR 268.42(a), or have been removed or destroyed by an equivalent method of treatment approved by the EPA under 40 CFR 268.42(b). (v) A tank used for bulk feed of off-site material to a waste incinerator is exempted from the requirements specified in paragraph (b)(1) of this section if the tank meets all of the conditions specified in paragraphs (b)(2)(v)(A) through (b)(2)(v)(C) of this section. (A) The tank is located inside an enclosure vented to a control device that is designed and operated in accordance with all applicable requirements specified under 40 CFR part 61, subpart FF—National Emission Standards for Benzene Waste Operations for a facility at which the total annual benzene quantity from the facility waste is equal to or greater than 10 megagrams per year; (B) The enclosure and control device serving the tank were installed and began operation prior to July 1, 1996; and (C) The enclosure is designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical or electrical equipment; or to direct air flow into the enclosure. The owner or operator must annually perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure.” (c) Process vents. (i) The owner or operator controls air emissions from the process vent in accordance with the standards specified in § 63.690 of this subpart. (ii) The owner or operator determines before placing off-site material in the process equipment associated with the process vent that the average VOHAP concentration of the off-site material is less than 500 ppmw at the point-of-delivery. The owner or operator must perform an initial determination of the average VOHAP concentration of the off-site material using the procedures specified in § 63.694(b) of this subpart before any portion of the off-site material stream is placed in the unit. Thereafter, the owner or operator must review and update, as necessary, this determination at least once every calendar year following the date of the initial determination for the off-site material stream. (2) A process vent is exempted from the requirements of paragraph (c)(1) of this section when the owner or operator meets one of the exemptions provided in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. (i) A process vent is exempted from the requirements in paragraph (c)(1) of this section if the process vent is also subject to another subpart under part 63 or 40 CFR part 61, and the owner or operator is controlling the HAP listed in Table 1 of this subpart that are emitted from the process vent in compliance with the provisions specified in the other applicable subpart under part 61 or part 63. (ii) A process vent is exempted from the requirements specified in paragraph (c)(1) of this section if the owner or operator determines that the process vent stream flow rate is less than 0.005 cubic meters per minute (m 3 (iii) A process vent is exempted from the requirements specified in paragraph (c)(1) of this section if the owner or operator determines that the process vent stream flow rate is less than 6.0 m 3 3 (d) Equipment leaks. (e) General duty. (f) In addition to the cases listed in § 63.695(e)(4), deviation means any of the cases listed in paragraphs (f)(1) through (6) of this section. (1) Any instance in which an affected source subject to this subpart, or an owner or operator of such a source, fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit or work practice standard. (2) When a performance test indicates that emissions of a pollutant in Table 1 to this subpart are exceeding the emission standard for the pollutant specified in Table 1 to this subpart. (3) When the average value of a monitored operating parameter, based on the data averaging period for compliance specified in § 63.695, does not meet the operating limit specified in § 63.693. (4) When an affected source discharges directly into the atmosphere from any of the sources specified in paragraphs (f)(4)(i) and (ii) of this section. (i) A pressure relief device, as defined in § 63.681. (ii) A bypass, as defined in § 63.681. (5) Any instance in which the affected source subject to this subpart, or an owner or operator of such a source, fails to meet any term or condition specified in paragraph (f)(5)(i) or (ii) of this section. (i) Any term or condition that is adopted to implement an applicable requirement in this subpart. (ii) Any term or condition relating to compliance with this subpart that is included in the operating permit for an affected source to obtain such a permit. (6) Any failure to collect required data, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments). [64 FR 38965, July 20, 1999, as amended at 80 FR 14272, Mar. 18, 2015] § 63.684 Standards: Off-site material treatment. (a) The provisions of this section apply to the treatment of off-site material to remove or destroy HAP for which § 63.683(b)(1)(ii) of this subpart references the requirements of this section for such treatment. (b) The owner or operator shall remove or destroy the HAP contained in off-site material streams to be managed in the off-site material management unit in accordance with § 63.683(b)(1)(ii) of this subpart using a treatment process that continuously achieves, under normal operations, one or more of the performance levels specified in paragraphs (b)(1) through (b)(5) of this section (as applicable to the type of treatment process) for the range of off-site material stream compositions and quantities expected to be treated. (1) VOHAP concentration. (i) In the case when every off-site material stream entering the treatment process has an average VOHAP concentration equal to or greater than 500 ppmw at the point-of-delivery, then the VOHAP concentration of the off-site material shall be reduced to a level that is less than 500 ppmw at the point-of-treatment. (ii) In the case when off-site material streams entering the treatment process are a mixture of off-site material streams having an average VOHAP concentration equal to or greater than 500 ppmw at the point-of-delivery with off-site material streams having average VOHAP concentrations less than 500 ppmw at the point-of-delivery, then the VOHAP concentration of the off-site material must be reduced to a level at the point-of-treatment that meets the performance level specified in either paragraph (b)(1)(ii)(A) or (B) of this section. (A) Less than the VOHAP concentration limit (C R (B) Less than the lowest VOHAP concentration determined for each of the off-site material streams entering the treatment process as determined by the VOHAP concentration of the off-site material at the point-of-delivery. (2) HAP mass removal. (3) HAP reduction efficiency. (i) In the case when the owner or operator determines that off-site material stream entering the treatment process has an average VOHAP concentration less than 10,000 ppmw at the point-of-delivery, then the treatment process shall achieve a performance level such that the total quantity of HAP in the off-site material stream is reduced by 95 percent or more. The HAP reduction efficiency (R) for the treatment process shall be determined using the procedure specified in § 63.694(g) of this subpart. The average VOHAP concentration of the off-site material stream at the point-of-delivery shall be determined using the procedure specified in § 63.694(b) of this subpart. (ii) In the case when the off-site material stream entering the treatment process has an average VOHAP concentration equal to or greater than 10,000 ppmw at the point-of-delivery, then the treatment process shall achieve a performance level such that the total quantity of HAP in the off-site material stream is reduced by 95 percent or more, and the average VOHAP concentration of the off-site material at the point-of-treatment is less than 100 parts per million by weight (ppmw). The HAP reduction efficiency (R) for the treatment process shall be determined using the procedure specified in § 63.694(g) of this subpart. The average VOHAP concentration of the off-site material stream at the point-of-treatment shall be determined using the procedure specified in § 63.694(c) of this subpart. (4) Biological degradation performed in an open tank or surface impoundment. (i) The HAP reduction efficiency (R) for the treatment process is equal to or greater than 95 percent, and the HAP biodegradation efficiency (R bio bio (ii) The total quantity of HAP actually removed from the off-site material stream by biological degradation (MR bio bio (5) Incineration. (i) An incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270, and the incinerator is designed and operated in accordance with the requirements of 40 CFR part 264, subpart O—Incinerators, or (ii) An incinerator for which the owner or operator has certified compliance with the interim status requirements of 40 CFR part 265, subpart O—Incinerators. (iii) A boiler or industrial furnace for which the owner or operator has been issued a final permit under 40 CFR part 270, and the combustion unit is designed and operated in accordance with the requirements of 40 CFR part 266, subpart H—Hazardous Waste Burned in Boilers and Industrial Furnaces. (iv) A boiler or industrial furnace for which the owner or operator has certified compliance with the interim status requirements of 40 CFR part 266, subpart H Hazardous Waste Burned in Boilers and Industrial Furnaces. (v) An incinerator, boiler, or industrial furnace for which the owner or operator has submitted a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) and complies with the requirements of subpart EEE of this part at all times (including times when non-hazardous waste is being burned). (c) For a treatment process that removes the HAP from the off-site material by a means other than thermal destruction or biological degradation to achieve one of the performances levels specified in paragraph (b)(1), (b)(2), or (b)(3) of this section, the owner or operator shall manage the HAP removed from the off-site material in such a manner to minimize release of these HAP to the atmosphere, to the extent practical. Examples of HAP emission control measures that meet the requirements of this paragraph include managing the HAP removed from the off-site material in units that use air emission controls in accordance with the standards specified in §§ 63.685 through 63.689 of this subpart, as applicable to the unit. (d) When the owner or operator treats the off-site material to meet one of the performance levels specified in paragraphs (b)(1) through (b)(4) of this section, the owner or operator shall demonstrate that the treatment process achieves the selected performance level for the range of expected off-site material stream compositions expected to be treated. An initial demonstration shall be performed as soon as possible but no later than 30 days after first time an owner or operator begins using the treatment process to manage off-site material streams in accordance with the requirements of either § 63.683(b)(1)(ii) or § 63.683(b)(2)(ii) of this subpart as applicable to the affected off-site material management unit or process equipment. Thereafter, the owner or operator shall review and update, as necessary, this demonstration at least once every calendar year following the date of the initial demonstration. (e) When the owner or operator treats the off-site material to meet one of the performance levels specified in paragraphs (b)(1) through (b)(4) of this section, the owner or operator shall ensure that the treatment process is achieving the applicable performance requirements by continuously monitoring the operation of the process when it is used to treat off-site material by complying with paragraphs (e)(1) through (e)(3) or, for biological treatment units, paragraph (e)(4) of this section: (1) A continuous monitoring system shall be installed and operated for each treatment that measures operating parameters appropriate for the treatment process technology. This system shall include a continuous recorder that records the measured values of the selected operating parameters. The monitoring equipment shall be installed, calibrated, and maintained in accordance with the equipment manufacturer's specifications. The continuous recorder shall be a data recording device that is capable of recording either an instantaneous data value at least once every 15 minutes or an average value for intervals of 15 minutes or less. (2) For each monitored operating parameter, the owner or operator shall establish a minimum operating parameter value or a maximum operating parameter value, as appropriate, to define the range of conditions at which the treatment process must be operated to continuously achieve the applicable performance requirements of this section. (3) When the treatment process is operating to treat off-site material, the owner or operator shall inspect the data recorded by the continuous monitoring system on a routine basis and operate the treatment process such that the actual value of each monitored operating parameter is greater than the minimum operating parameter value or less than the maximum operating parameter value, as appropriate, established for the treatment process. (4) When the treatment process is a biological treatment process that is complying with paragraph (b)(4) of this section, the owner or operator must establish and implement a written procedure to monitor the appropriate parameters that demonstrate proper operation of the biological treatment unit in accordance with the evaluation required in § 63.694(h) of this subpart. The written procedure must list the operating parameters that will be monitored and state the frequency of monitoring to ensure that the biological treatment unit is operating between the minimum operating parameter values and maximum operating parameter values to establish that the biological treatment unit is continuously achieving the performance requirement. (f) The owner or operator must maintain records for each treatment process in accordance with the requirements of § 63.696(a) of this subpart. (g) The owner or operator must prepare and submit reports for each treatment process in accordance with the requirements of § 63.697(a) of this subpart. (h) The Administrator may at any time conduct or require that the owner or operator conduct testing necessary to demonstrate that a treatment process is achieving the applicable performance requirements of this section. The testing shall be conducted in accordance with the applicable requirements of this section. The Administrator may elect to have an authorized representative observe testing conducted by the owner or operator. [61 FR 34158, July 1, 1996, as amended at 64 FR 38967, July 20, 1999; 66 FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003; 80 FR 14273, Mar. 18, 2015] § 63.685 Standards: Tanks. (a) The provisions of this section apply to the control of air emissions from tanks for which § 63.683(b)(1)(i) of this subpart references the use of this section for such air emission control. (b) According to the date an affected source commenced construction or reconstruction and the date an affected source receives off-site material for the first time as established in § 63.680(e)(i) through (iii), the owner or operator shall control air emissions from each tank subject to this section in accordance with either paragraph (b)(1)(i) or (ii) of this section. (1)(i) For a tank that is part of an existing affected source but the tank is not used for a waste stabilization process as defined in § 63.681, the owner or operator shall determine whether the tank is required to use either Tank Level 1 controls or Tank Level 2 controls as specified for the tank by Table 3 of this subpart based on the off-site material maximum HAP vapor pressure and the tank's design capacity. The owner or operator shall control air emissions from a tank required by Table 3 to use Tank Level 1 controls in accordance with the requirements of paragraph (c) of this section. The owner or operator shall control air emissions from a tank required by Table 3 to use Tank Level 2 controls in accordance with the requirements of paragraph (d) of this section. (ii) For a tank that is part of an existing affected source but the tank is not used for a waste stabilization process as defined in § 63.681, the owner or operator shall determine whether the tank is required to use either Tank Level 1 controls or Tank Level 2 controls as specified for the tank by Table 4 of this subpart based on the off-site material maximum HAP vapor pressure and the tank's design capacity. The owner or operator shall control air emissions from a tank required by Table 4 to use Tank Level 1 controls in accordance with the requirements of paragraph (c) of this section. The owner or operator shall control air emissions from a tank required by Table 4 to use Tank Level 2 controls in accordance with the requirements of paragraph (d) of this section. (2) For a tank that is part of a new affected source but the tank is not used for a waste stabilization process as defined in § 63.681, the owner or operator shall determine whether the tank is required to use either Tank Level 1 controls or Tank Level 2 controls as specified for the tank by Table 5 of this subpart based on the off-site material maximum HAP vapor pressure and the tank's design capacity. The owner or operator shall control air emissions from a tank required by Table 5 to use Tank Level 1 controls in accordance with the requirements of paragraph (c) of this section. The owner or operator shall control air emissions from a tank required by Table 5 to use Tank Level 2 controls in accordance with the requirements of paragraph (d) of this section. (3) For a tank that is used for a waste stabilization process, the owner or operator shall control air emissions from the tank by using Tank Level 2 controls in accordance with the requirements of paragraph (d) of this section. (c) Owners and operators controlling air emissions from a tank using Tank Level 1 controls shall meet the following requirements: (1) The owner or operator shall determine the maximum HAP vapor pressure for an off-site material to be managed in the tank using Tank Level 1 controls before the first time the off-site material is placed in the tank. The maximum HAP vapor pressure shall be determined using the procedures specified in § 63.694(j). Thereafter, the owner or operator shall perform a new determination whenever changes to the off-site material managed in the tank could potentially cause the maximum HAP vapor pressure to increase to a level that is equal to or greater than the maximum HAP vapor pressure limit for the tank design capacity category specified in Table 3, Table 4, or Table 5 of this subpart, as applicable to the tank. (2) The owner or operator must control air emissions from the tank in accordance with the requirements in either paragraph (c)(2)(i), (c)(2)(ii), or (c)(2)(iii) of this section, as applicable to the tank. (i) The owner or operator controls air emissions from the tank in accordance with the provisions specified in subpart OO of this part—National Emission Standards for Tanks—Level 1, except that § 63.902(c)(2) and (3) shall not apply for the purposes of this subpart. (ii) As an alternative to meeting the requirements in paragraph (c)(2)(i) of this section, an owner or operator may control air emissions from the tank in accordance with the provisions for Tank Level 2 controls as specified in paragraph (d) of this section. (iii) As an alternative to meeting the requirements in paragraph (c)(2)(i) of this section when a tank is used as an interim transfer point to transfer off-site material from containers to another off-site material management unit, an owner or operator may control air emissions from the tank in accordance with the requirements in paragraphs (c)(2)(iii)(A) and (c)(2)(iii)(B) of this section. An example of such a tank is an in-ground tank into which organic-contaminated debris is dumped from roll-off boxes or dump trucks, and then this debris is promptly transferred from the tank to a macroencapsulation unit by a backhoe. (A) During those periods of time when the material transfer activity is occurring, the tank may be operated without a cover. (B) At all other times, air emissions from the tank must be controlled in accordance with the provisions specified in subpart OO of this part—National Emission Standards for Tanks—Level 1, with the exceptions specified in paragraphs (c)(2)(iii)(B)( 1 2 ( 1 ( 2 (d) Owners and operators controlling air emissions from a tank using Tank Level 2 controls shall use one of the following tanks: (1) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in paragraph (e) of this section; (2) A tank equipped with an external floating roof in accordance with the requirements specified in paragraph (f) of this section; (3) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in paragraph (g) of this section; (4) A pressure tank designed and operated in accordance with the requirements specified in paragraph (h) of this section; or (5) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in paragraph (i) of this section. (e) The owner or operator who elects to control air emissions from a tank using a fixed-roof with an internal floating roof shall meet the requirements specified in paragraphs (e)(1) through (e)(3) of this section. (1) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements: (i) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports. (ii) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements: (A) A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in § 63.681 of this subpart; or (B) Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal. (iii) The internal floating roof shall meet the following specifications: (A) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface. (B) Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains. (C) Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening. (D) Each automatic bleeder vent and rim space vent shall be gasketed. (E) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover. (F) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover. (2) The owner or operator shall operate the tank in accordance with the following requirements: (i) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical. (ii) Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports. (iii) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim spaces vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting. (3) The owner or operator shall inspect the internal floating roof in accordance with the procedures specified in § 63.695(b) of this subpart. (f) The owner or operator who elects to control tank emissions by using an external floating roof shall meet the requirements specified in paragraphs (f)(1) through (f)(3) of this section. (1) The owner or operator shall design the external floating roof in accordance with the following requirements: (i) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports. (ii) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal. (A) The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in § 63.681 of this subpart. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters (24 inches) above the liquid surface. (B) The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm 2 (iii) The external floating roof shall be meet the following specifications: (A) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface. (B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid. (C) Each access hatch and each gauge float wells shall be equipped with covers designed to be bolted or fastened when the cover is secured in the closed position. (D) Each automatic bleeder vent and each rim space vents shall be equipped with a gasket. (E) Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening. (F) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal. (G) Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole. (H) Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the surface from the atmosphere. (I) Each gauge hatch and each sample well shall be equipped with a gasketed cover. (2) The owner or operator shall operate the tank in accordance with the following requirements: (i) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be accomplished as soon as practical. (ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access. (iii) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position. (iv) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports. (v) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting. (vi) The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank. (vii) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access. (viii) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections. (3) The owner or operator shall inspect the external floating roof in accordance with the procedures specified in § 63.695(b) of this subpart. (g) The owner or operator who controls tank air emissions by venting to a control device shall meet the requirements specified in paragraphs (g)(1) through (g)(3) of this section. (1) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements: (i) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank. (ii) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions. (iii) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the off-site material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed. (iv) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 63.693 of this subpart. (2) Whenever an off-site material is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except that venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times: (i) To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank. (ii) To remove accumulated sludge or other residues from the bottom of the tank. (3) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the procedures specified in § 63.695 of this subpart. (h) The owner or operator who elects to control tank air emissions by using a pressure tank shall meet the following requirements. (1) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity. (2) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in § 63.694(k) of this subpart. (3) Whenever an off-site material is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except at those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of § 63.693. (i) The owner or operator who elects to control air emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in paragraphs (i)(1) through (3) of this section. (1) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or to direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually. (2) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in § 63.693 of this subpart. (3) The owner or operator shall inspect and monitor the closed-vent system and control device as specified in § 63.693. [61 FR 34158, July 1, 1996, as amended at 64 FR 38968, July 20, 1999; 66 FR 1266, Jan. 8, 2001; 80 FR 14273, Mar. 18, 2015] § 63.686 Standards: Oil-water and organic-water separators. (a) The provisions of this section apply to the control of air emissions from oil-water separators and organic-water separators for which § 63.683(b)(1)(i) of this subpart references the use of this section for such air emission control. (b) The owner or operator shall control air emissions from each separator subject to this section by using one of the following: (1) A floating roof in accordance with all applicable provisions specified in subpart VV of this part—National Emission Standards for Oil-Water Separators and Organic-Water Separators, except that §§ 63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for the purposes of this subpart. For portions of the separator where it is infeasible to install and operate a floating roof, such as over a weir mechanism, the owner or operator shall comply with the requirements specified in paragraph (b)(2) of this section. (2) A fixed-roof that is vented through a closed-vent system to a control device in accordance with all applicable provisions specified in subpart VV of this part—National Emission Standards for Oil-Water Separators and Organic-Water Separators, except that §§ 63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for the purposes of this subpart. (3) A pressurized separator that operates as a closed system in accordance with all applicable provisions specified in subpart VV of this part—National Emission Standards for Oil-Water Separators and Organic-Water Separators, except that §§ 63.1043(c)(2), 63.1044(c)(2), and 63.1045(b)(3)(i) shall not apply for the purposes of this subpart. [61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 FR 14274, Mar. 18, 2015] § 63.687 Standards: Surface impoundments. (a) The provisions of this section apply to the control of air emissions from surface impoundments for which § 63.683(b)(1)(i) of this subpart references the use of this section for such air emission control. (b) The owner or operator shall control air emissions from each surface impoundment subject to this section by using one of the following: (1) A floating membrane cover in accordance with the applicable provisions specified in subpart QQ of this part—National Emission Standards for Surface Impoundments, except that §§ 63.942(c)(2) and (3) and 63.943(c)(2) shall not apply for the purposes of this subpart; or (2) A cover that is vented through a closed-vent system to a control device in accordance with all applicable provisions specified in subpart QQ of this part—National Emission Standards for Surface Impoundments, except that §§ 63.942(c)(2) and (3) and 63.943(c)(2) shall not apply for the purposes of this subpart. [61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 FR 14274, Mar. 18, 2015] § 63.688 Standards: Containers. (a) The provisions of this section apply to the control of air emissions from containers for which § 63.683(b)(1)(i) of this subpart references the use of this section for such air emission control. (b) The owner or operator shall control air emissions from each container subject to this section in accordance with the following requirements, as applicable to the container, except when the special provisions for waste stabilization processes specified in paragraph (c) of this section apply to the container. (1) For a container having a design capacity greater than 0.1 m 3 3 (i) The owner or operator controls air emissions from the container in accordance with the standards for Container Level 1 controls as specified in subpart PP of this part—National Emission Standards for Containers, except that §§ 63.922(d)(4) and (5) and 63.923(d)(4) and (5) shall not apply for the purposes of this subpart. (ii) As an alternative to meeting the requirements in paragraph (b)(1)(i) of this section, an owner or operator may choose to control air emissions from the container in accordance with the standards for either Container Level 2 controls or Container Level 3 controls as specified in subpart PP of this part—National Emission Standards for Containers, except that §§ 63.922(d)(4) and (5) and 63.923(d)(4) and (5) shall not apply for the purposes of this subpart. (2) For a container having a design capacity greater than 0.46 m 3 (3) For a container having a design capacity greater than 0.46 m 3 (i) The owner or operator controls air emissions from the container in accordance with the standards for Container Level 2 controls as specified in subpart PP of this part—National Emission Standards for Containers, except that §§ 63.922(d)(4) and (5) and 63.923(d)(4) and (5) shall not apply for the purposes of this subpart. (ii) As an alternative to meeting the requirements in paragraph (b)(3)(i) of this section, an owner or operator may choose to control air emissions from the container in accordance with the standards for Container Level 3 controls as specified in 40 CFR part 63, subpart PP—National Emission Standards for Containers. (c) When a container subject to this subpart and having a design capacity greater than 0.1 m 3 [61 FR 34158, July 1, 1996, as amended at 64 FR 38969, July 20, 1999; 80 FR 14274, Mar. 18, 2015] § 63.689 Standards: Transfer systems. (a) The provisions of this section apply to the control of air emissions from transfer systems for which § 63.683(b)(1)(i) of this subpart references the use of this section for such air emission control. (b) For each transfer system that is subject to this section and is an individual drain system, the owner or operator shall control air emissions in accordance with the standards specified in 40 CFR part 63, subpart RR—National Emission Standards for Individual Drain Systems. (c) For each transfer system that is subject to this section but is not an individual drain system, the owner or operator shall control air emissions by using one of the transfer systems specified in paragraphs (c)(1) through (c)(3) of this section. (1) A transfer system that uses covers in accordance with the requirements specified in paragraph (d) of this section. (2) A transfer system that consists of continuous hard-piping. All joints or seams between the pipe sections shall be permanently or semi-permanently sealed (e.g., a welded joint between two sections of metal pipe or a bolted and gasketed flange). (3) A transfer system that is enclosed and vented through a closed-vent system to a control device in accordance with the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section. (i) The transfer system is designed and operated such that an internal pressure in the vapor headspace in the enclosure is maintained at a level less than atmospheric pressure when the control device is operating, and (ii) The closed-vent system and control device are designed and operated in accordance with the requirements of § 63.693 of this subpart. (d) Owners and operators controlling air emissions from a transfer system using covers in accordance with the provisions of paragraph (c)(1) of this section shall meet the requirements specified in paragraphs (d)(1) through (d)(6) of this section. (1) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the off-site material as it is conveyed by the transfer system except for the openings at the inlet and outlet to the transfer system through which the off-site material passes. The inlet and outlet openings used for passage of the off-site material through the transfer system shall be the minimum size required for practical operation of the transfer system. (2) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section joints or between the interface of the cover edge and its mounting. (3) Except for the inlet and outlet openings to the transfer system through which the off-site material passes, each opening in the cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device. (4) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the off-site material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the cover and closure devices shall include: organic vapor permeability; the effects of any contact with the material or its vapors conveyed in the transfer system; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the transfer system on which the cover is installed. (5) Whenever an off-site material is in the transfer system, the cover shall be installed with each closure device secured in the closed position, except the opening of closure devices or removal of the cover is allowed to provide access to the transfer system for performing routine inspection, maintenance, repair, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a hatch or remove the cover to repair conveyance equipment mounted under the cover or to clear a blockage of material inside the system. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable. (6) The owner or operator shall inspect the air emission control equipment in accordance with the requirements specified in § 63.695 of this subpart. [61 FR 34158, July 1, 1996, as amended at 64 FR 38970, July 20, 1999; 80 FR 14275, Mar. 18, 2015] § 63.690 Standards: Process vents. (a) The provisions of this section apply to the control of air emissions from process vents for which § 63.683(c)(1)(i) of this subpart references the use of this section for such air emission control. (b) The owner or operator must route the vent stream from each affected process vent through a closed-vent system to a control device that meets the standards specified in § 63.693 of this subpart. For the purpose of complying with this paragraph (b), a primary condenser is not a control device; however, a second condenser or other organic recovery device that is operated downstream of the primary condenser is considered a control device. [64 FR 38970, July 20, 1999] § 63.691 Standards: Equipment leaks. (a) The provisions of this section apply to the control of air emissions from equipment leaks for which § 63.683(d) references the use of this section for such air emissions control. (b) According to the date an affected source commenced construction or reconstruction and the date an affected source receives off-site material for the first time, as established in § 63.680(e)(i) through (iii), the owner or operator shall control the HAP emitted from equipment leaks in accordance with the applicable provisions specified in either paragraph (b)(1) or (2) of this section. (1)(i) The owner or operator controls the HAP emitted from equipment leaks in accordance with §§ 61.241 through 61.247 in 40 CFR part 61, subpart V—National Emission Standards for Equipment Leaks, with the difference noted in paragraphs (b)(1)(iii) and (iv) of this section for the purposes of this subpart; or (ii) The owner or operator controls the HAP emitted from equipment leaks in accordance with §§ 63.161 through 63.182 in subpart H of this part—National Emission Standards for Organic Hazardous Air Pollutants from Equipment Leaks, with the differences noted in paragraphs (b)(2)(i) through (iv) of this section for the purposes of this subpart. (iii) On or after March 18, 2015, for the purpose of complying with the requirements of 40 CFR 61.242-6(a)(2) or the requirements of § 63.167(a)(2), the open end is sealed when instrument monitoring of the open-ended valve or line conducted according to Method 21 of 40 CFR part 60, appendix A indicates no readings of 500 ppm or greater. (iv) On or after March 18, 2015, for the purpose of complying with the requirements of 40 CFR 61.242-6(d) or the requirements of § 63.167(d), open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset and that are exempt from the requirements in 40 CFR 61.242-6(a), (b), and (c) or § 63.167(a), (b), and (c) must comply with the requirements in § 63.693(c)(2). (2) The owner or operator controls the HAP emitted from equipment leaks in accordance with §§ 63.161 through 63.183 in subpart H of this part—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks, with the differences noted in paragraphs (b)(2)(i) through (v) of this section for the purposes of this subpart. (i) For each valve in gas/vapor or in light liquid service, as defined in § 63.681, that is part of an affected source under this subpart, an instrument reading that defines a leak is 500 ppm or greater as detected by Method 21 of 40 CFR part 60, appendix A. (ii) For each pump in light liquid service, as defined in § 63.681, that is part of an affected source under this subpart, an instrument reading that defines a leak is 1,000 ppm or greater as detected by Method 21 of 40 CFR part 60, appendix A. Repair is not required unless an instrument reading of 2,000 ppm or greater is detected. (iii) On or after March 18, 2015, for the purpose of complying with the requirements of § 63.167(a)(2), the open end is sealed when instrument monitoring of the open-ended valve or line conducted according to Method 21 of 40 CFR part 60, appendix A indicates no readings of 500 ppm or greater. (iv) On or after March 18, 2015, for the purpose of complying with the requirements of § 63.167(d), open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset and that are exempt from the requirements in § 63.167(a), (b), and (c) must comply with the requirements in § 63.693(c)(2). (v) For the purposes of this subpart, the pressure relief device requirements of § 63.691(c) of this subpart rather than those of § 63.165 or of 40 CFR 61.242-4, as applicable, shall apply. The pressure relief device requirements of § 63.691(c)(3) and (4) apply in addition to the requirements of § 63.169 or of 40 CFR 61.242-8, as applicable, for pressure relief devices in liquid service. (c) Requirements for pressure relief devices. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, the pressure relief device shall be returned to a condition indicated by an instrument reading of less than 500 ppm above background, as detected by Method 21 of 40 CFR part 60, appendix A, no later than 5 calendar days after the pressure release device returns to off-site material service following a pressure release, except as provided in § 63.171. (ii) If the pressure relief device consists of or includes a rupture disk, except as provided in § 63.171, install a replacement disk as soon as practicable but no later than 5 calendar days after the pressure release. (3) Pressure release management. (i) The owner or operator must equip each pressure relief device in off-site material service with a device(s) or use a monitoring system. The device or monitoring system may be either specific to the pressure release device itself or may be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices or monitoring systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, pressure monitor, or parametric monitoring system. The devices or monitoring systems must be capable of meeting the requirements specified in paragraphs (c)(3)(i)(A) through (C) of this section. (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. (ii) If any pressure relief device in off-site material service releases directly to the atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of HAP listed in Table 1 of this subpart released during each pressure release event and report this quantity as required in § 63.697(b)(5). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. For containers, the calculations may be based on process knowledge and information alone. (4) Pressure relief devices routed to a drain system, fuel gas system, process or control device. [64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 80 FR 14275, Mar. 18, 2015; 83 FR 3992, Jan. 29, 2018] § 63.692 [Reserved] § 63.693 Standards: Closed-vent systems and control devices. (a) The provisions of this section apply to closed-vent systems and control devices used to control air emissions for which another standard references the use of this section for such air emission control. (b) For each closed-vent system and control device used to comply with this section, the owner or operator shall meet the following requirements: (1) The owner or operator must use a closed-vent system that meets the requirements specified in paragraph (c) of this section. (2) The owner or operator must use a control device that meets the requirements specified in paragraphs (d) through (h) of this section as applicable to the type and design of the control device selected by the owner or operator to comply with the provisions of this section. (3) Whenever gases or vapors containing HAP are routed from a tank through a closed-vent system connected to a control device used to comply with the requirements of § 63.685(b)(1), (2), or (3), the control device must be operating except as provided for in paragraphs (b)(3)(i) and (ii) of this section. (i) The control device may only be bypassed for the purpose of performing planned routine maintenance of the closed-vent system or control device in situations when the routine maintenance cannot be performed during periods that tank emissions are vented to the control device. (ii) On an annual basis, the total time that the closed-vent system or control device is bypassed to perform routine maintenance shall not exceed 240 hours per each calendar year. (4) The owner or operator must inspect and monitor each closed-vent system in accordance with the requirements specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this section. (i) The owner or operator inspects and monitors the closed-vent system in accordance with the requirements specified in § 63.695(c) of this subpart, and complies with the applicable recordkeeping requirements in § 63.696 of this subpart and the applicable reporting requirements in § 63.697 of this subpart. (ii) As an alternative to meeting the requirements specified in paragraph (b)(4)(i) of this section, the owner or operator may choose to inspect and monitor the closed-vent system in accordance with the requirements under 40 CFR part 63, subpart H—National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks as specified in 40 CFR 63.172(f) through (h), and complies with the applicable recordkeeping requirements in 40 CFR 63.181 and the applicable reporting requirements in 40 CFR 63.182. (5) The owner or operator must monitor the operation of each control device in accordance with the requirements specified in paragraphs (d) through (h) of this section as applicable to the type and design of the control device selected by the owner or operator to comply with the provisions of this section. (6) The owner or operator shall maintain records for each control device in accordance with the requirements of § 63.696 of this subpart. (7) The owner or operator shall prepare and submit reports for each control device in accordance with the requirements of § 63.697 of this subpart. (8) In the case when an owner or operator chooses to use a design analysis to demonstrate compliance of a control device with the applicable performance requirements specified in this section as provided for in paragraphs (d) through (g) of this section, the Administrator may require that the design analysis be revised or amended by the owner or operator to correct any deficiencies identified by the Administrator. If the owner or operator and the Administrator do not agree on the acceptability of using the design analysis (including any changes required by the Administrator) to demonstrate that the control device achieves the applicable performance requirements, then the disagreement must be resolved using the results of a performance test conducted by the owner or operator in accordance with the requirements of § 63.694(l). The Administrator may choose to have an authorized representative observe the performance test conducted by the owner or operator. Should the results of this performance test not agree with the determination of control device performance based on the design analysis, then the results of the performance test will be used to establish compliance with this subpart. (c) Closed-vent system requirements. (1) The vent stream required to be controlled shall be conveyed to the control device by either of the following closed-vent systems: (i) A closed-vent system that is designed to operate with no detectable organic emissions using the procedure specified in § 63.694(k) of this subpart; or (ii) A closed-vent system that is designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating. (2) In situations when the closed-vent system includes bypass devices that could be used to divert a vent stream from the closed-vent system to the atmosphere at a point upstream of the control device inlet, each bypass device must be equipped with either a flow indicator as specified in paragraph (c)(2)(i) of this section or a seal or locking device as specified in paragraph (c)(2)(ii) of this section, except as provided for in paragraph (c)(2)(iii) of this section: (i) If a flow indicator is used, the indicator must be installed at the entrance to the bypass line used to divert the vent stream from the closed-vent system to the atmosphere. The flow indicator must indicate a reading at least once every 15 minutes. The owner or operator must maintain records of the following information: hourly records of whether the flow indicator was operating and whether flow was detected at any time during the hour; and records of all periods when flow is detected or the flow indicator is not operating. (ii) If a seal or locking device is used to comply with paragraph (c)(2) of this section, the device shall be placed on the mechanism by which the bypass device position is controlled ( e.g., (iii) Equipment needed for safety reasons, including low leg drains, open-ended valves and lines not in emergency shutdown systems, and pressure relief devices subject to the requirements of § 63.691(c) are not subject to the requirements of paragraphs (c)(2)(i) and (ii) of this section. (d) Carbon adsorption control device requirements. (1) The carbon adsorption system must achieve the performance specifications in either paragraph (d)(1)(i) or (d)(1)(ii) of this section. (i) Recover 95 percent or more, on a weight-basis, of the total organic compounds (TOC), less methane and ethane, contained in the vent stream entering the carbon adsorption system; or (ii) Recover 95 percent or more, on a weight-basis, of the total HAP listed in Table 1 of this subpart contained in the vent stream entering the carbon adsorption system. (2) The owner or operator must demonstrate that the carbon adsorption system achieves the performance requirements in paragraph (d)(1) of this section by either performing a performance test as specified in paragraph (d)(2)(i) of this section or a design analysis as specified in paragraph (d)(2)(ii) of this section. (i) An owner or operator choosing to use a performance test to demonstrate compliance must conduct the test in accordance with the requirements of § 63.694(l) of this subpart. (ii) An owner or operator choosing to use a design analysis to demonstrate compliance must include as part of this design analysis the information specified in either paragraph (d)(2)(ii)(A) or (d)(2)(ii)(B) of this section as applicable to the carbon adsorption system design. (A) For a regenerable carbon adsorption system, the design analysis shall address the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total regeneration steam flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of the carbon. (B) For a nonregenerable carbon adsorption system (e.g., a carbon canister), the design analysis shall address the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration, carbon bed capacity, activated carbon type and working capacity, and design carbon replacement interval based on the total carbon working capacity of the control device and emission point operating schedule. (3) The owner or operator must monitor the operation of the carbon adsorption system in accordance with the requirements of § 63.695(e) using one of the continuous monitoring systems specified in paragraphs (d)(3)(i) through (iii) of this section. Monitoring the operation of a nonregenerable carbon adsorption system ( e.g., (i) For a regenerative-type carbon adsorption system: (A) A continuous parameter monitoring system to measure and record the average total regeneration stream mass flow or volumetric flow during each carbon bed regeneration cycle. The integrating regenerating stream flow monitoring device must have an accuracy of ±10 percent; and (B) A continuous parameter monitoring system to measure and record the average carbon bed temperature for the duration of the carbon bed steaming cycle and to measure the actual carbon bed temperature after regeneration and within 15 minutes of completing the cooling cycle. The accuracy of the temperature monitoring device must be ±1 percent of the temperature being measured, expressed in degrees Celsius or ±5 °C, whichever is greater. (ii) A continuous monitoring system to measure and record the daily average concentration level of organic compounds in the exhaust gas stream from the control device. The organic monitoring system must comply either with Performance Specification 8 or 9 in 40 CFR part 60, appendix B. The relative accuracy provision of Performance Specification 8, Sections 2.4 and 3 need not be conducted. (iii) A continuous monitoring system that measures other alternative operating parameters upon approval of the Administrator as specified in 40 CFR 63.8(f)(1) through (f)(5) of this part. (4) The owner or operator shall manage the carbon used for the carbon adsorption system, as follows: (i) Following the initial startup of the control device, all carbon in the control device shall be replaced with fresh carbon on a regular, predetermined time interval that is no longer than the carbon service life established for the carbon adsorption system. The provisions of this paragraph (d)(4)(i) do not apply to a nonregenerable carbon adsorption system ( e.g., (ii) The spent carbon removed from the carbon adsorption system must be either regenerated, reactivated, or burned in one of the units specified in paragraphs (d)(4)(ii)(A) through (d)(4)(ii)(G) of this section. (A) Regenerated or reactivated in a thermal treatment unit for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart X. (B) Regenerated or reactivated in a thermal treatment unit equipped with and operating air emission controls in accordance with this section. (C) Regenerated or reactivated in a thermal treatment unit equipped with and operating organic air emission controls in accordance with a national emission standard for hazardous air pollutants under another subpart in 40 CFR part 63 or 40 CFR part 61. (D) Burned in a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart O. (E) Burned in a hazardous waste incinerator for which the owner or operator has designed and operates the incinerator in accordance with the interim status requirements of 40 CFR part 265, subpart O. (F) Burned in a boiler or industrial furnace for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 266, subpart H. (G) Burned in a boiler or industrial furnace for which the owner or operator has designed and operates the unit in accordance with the interim status requirements of 40 CFR part 266, subpart H. (iii) As an alternative to meeting the requirements in paragraphs (d)(3) and (d)(4)(i) of this section, an owner or operator of a nonregenerable carbon adsorption system may choose to replace on a regular basis the carbon canister or the carbon in the control device using the procedures in either paragraph (d)(4)(iii)(A) or (d)(4)(iii)(B) of this section. For the purpose of complying with this paragraph (d)(4)(iii), a nonregenerable carbon adsorption system means a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device, such as a carbon canister. The spent carbon removed from the nonregenerable carbon adsorption system must be managed according to the requirements in paragraph (d)(4)(ii) of this section. (A) Monitor the concentration level of the organic compounds in the exhaust vent from the carbon adsorption system on a regular schedule, and when carbon breakthrough is indicated, immediately replace either the existing carbon canister with a new carbon canister or replace the existing carbon in the control device with fresh carbon. Measurement of the concentration level of the organic compounds in the exhaust vent stream must be made with a detection instrument that is appropriate for the composition of organic constituents in the vent stream and is routinely calibrated to measure the organic concentration level expected to occur at breakthrough. The monitoring frequency must be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of paragraph (d)(2)(ii)(B) of this section, whichever is longer. (B) Replace either the existing carbon canister with a new carbon canister or replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of paragraph (d)(2)(ii)(B) of this section. (e) Condenser control device requirements. (1) The condenser must achieve the performance specifications in either paragraph (e)(1)(i) or (e)(1)(ii) of this section. (i) Recover 95 percent or more, on a weight-basis, of the total organic compounds (TOC), less methane and ethane, contained in the vent stream entering the condenser; or (ii) Recover 95 percent or more, on a weight-basis, of the total HAP, listed in Table 1 of this subpart, contained in the vent stream entering the condenser. (2) The owner or operator must demonstrate that the condenser achieves the performance requirements in paragraph (e)(1) of this section by either performing a performance test as specified in paragraph (e)(2)(i) of this section or a design analysis as specified in paragraph (e)(2)(ii) of this section. (i) An owner or operator choosing to use a performance tests to demonstrate compliance must conduct the test in accordance with the requirements of § 63.694(l) of this subpart. (ii) An owner or operator choosing to use a design analysis to demonstrate compliance must include as part of this design analysis the following information: description of the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature; and specification of the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. (3) The owner or operator must monitor the operation of the condenser in accordance with the requirements of § 63.695(e) of this subpart using one of the continuous monitoring systems specified in paragraphs (e)(3)(i) through (e)(3)(iii) of this section. (i) A continuous parameter monitoring system to measure and record the daily average temperature of the exhaust gases from the control device. The accuracy of the temperature monitoring device shall be ±1 percent of the temperature being measured, expressed in degrees Celsius or ±5 °C, whichever is greater. (ii) A continuous monitoring system to measure and record the daily average concentration level of organic compounds in the exhaust gas stream from the control device. The organic monitoring system must comply either with Performance Specification 8 or 9 in 40 CFR part 60, appendix B. The relative accuracy provision of Performance Specification 8, Sections 2.4 and 3 need not be conducted. (iii) A continuous monitoring system that measures other alternative operating parameters upon approval of the Administrator as specified in 40 CFR 63.8(f)(1) through (f)(5) of this part. (f) Vapor incinerator control device requirements. (1) The vapor incinerator must achieve the performance specifications in either paragraph (f)(1)(i), (f)(1)(ii), or (f)(1)(iii) of this section. (i) Destroy the total organic compounds (TOC), less methane and ethane, contained in the vent stream entering the vapor incinerator either: (A) By 95 percent or more, on a weight-basis, or (B) To achieve a total incinerator outlet concentration for the TOC, less methane and ethane, of less than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen. (ii) Destroy the HAP listed in Table 1 of this subpart contained in the vent stream entering the vapor incinerator either: (A) By 95 percent or more, on a total HAP weight-basis, or (B) To achieve a total incinerator outlet concentration for the HAP, listed in Table 1 of this subpart, of less than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen. (iii) Maintain the conditions in the vapor incinerator combustion chamber at a residence time of 0.5 seconds or longer and at a temperature of 760°C or higher. (2) The owner or operator must demonstrate that the vapor incinerator achieves the performance requirements in paragraph (f)(1) of this section by conducting either a performance test as specified in paragraph (f)(2)(i) of this section or a design analysis as specified in paragraph (f)(2)(ii) of this section, except as provided for in paragraph (f)(2)(iii) of this section. (i) An owner or operator choosing to use a performance test to demonstrate compliance must conduct the test in accordance with the requirements of § 63.694(l) of this subpart. (ii) An owner or operator choosing to use a design analysis to demonstrate compliance must include as part of this design analysis the information specified in either paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) of this section as applicable to the vapor incinerator design. (A) For a thermal vapor incinerator, the design analysis shall address the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperatures in the combustion chamber and the combustion chamber residence time. (B) For a catalytic vapor incinerator, the design analysis shall address the vent stream composition, constituent concentrations, and flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet, and the design service life of the catalyst. (iii) An owner or operator is not required to conduct a performance test or design analysis if the incinerator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (3) The owner or operator must monitor the operation of the vapor incinerator in accordance with the requirements of § 63.695(e) of this subpart using one of the continuous monitoring systems specified in paragraphs (f)(3)(i) through (f)(3)(iv) of this section as applicable to the type of vapor incinerator used. (i) For a thermal vapor incinerator, a continuous parameter monitoring system to measure and record the daily average temperature of the exhaust gases from the control device. The accuracy of the temperature monitoring device must be ±1 percent of the temperature being measured, expressed in degrees Celsius of ±0.5 °C, whichever is greater. (ii) For a catalytic vapor incinerator, a temperature monitoring device capable of monitoring temperature at two locations equipped with a continuous recorder. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet. (iii) For either type of vapor incinerator, a continuous monitoring system to measure and record the daily average concentration of organic compounds in the exhaust vent stream from the control device. The organic monitoring system must comply either with Performance Specification 8 or 9 in 40 CFR part 60, appendix B. The relative accuracy provision of Performance Specification 8, Sections 2.4 and 3 need not be conducted. (iv) For either type of vapor incinerator, a continuous monitoring system that measures alternative operating parameters other than those specified in paragraph (f)(3)(i) or (f)(3)(ii) of this section upon approval of the Administrator as specified in 40 CFR 63.8(f)(1) through (f)(5) of this part. (g) Boilers and process heaters control device requirements. (1) The boiler or process heater must achieve the performance specifications in either paragraph (g)(1)(i), (g)(1)(ii), (g)(1)(iii), (g)(1)(iv), or (g)(1)(v) of this section. (i) Destroy the total organic compounds (TOC), less methane and ethane, contained in the vent stream introduced into the flame zone of the boiler or process heater either: (A) By 95 percent or more, on a weight-basis, or (B) To achieve in the exhausted combustion gases a total concentration for the TOC, less methane and ethane, of less than or equal to 20 parts ppmv on a dry basis corrected to 3 percent oxygen. (ii) Destroy the HAP listed in Table 1 of this subpart contained in the vent stream entering the vapor incinerator either: (A) By 95 percent or more, on a total HAP weight-basis, or (B) To achieve in the exhausted combustion gases a total concentration for the HAP, listed in Table 1 of the subpart, of less than or equal to 20 ppmv on a dry basis corrected to 3 percent oxygen. (iii) Introduce the vent stream into the flame zone of the boiler or process heater and maintain the conditions in the combustion chamber at a residence time of 0.5 seconds or longer and at a temperature of 760°C or higher. (iv) Introduce the vent stream with the fuel that provides the predominate heat input to the boiler or process heater (i.e., the primary fuel); or (v) Introduce the vent stream to a boiler or process heater for which the owner or operator either has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or has certified compliance with the interim status requirements of 40 CFR part 266, subpart H; or has submitted a Notification of Compliance under §§ 63.1207(j) and 63.1210(d) and complies with the requirements of subpart EEE of this part at all times (including times when non-hazardous waste is being burned). (2) The owner or operator must demonstrate that the boiler or process heater achieves the performance specifications in paragraph (g)(1) of this section chosen by the owner or operator using the applicable method specified in paragraph (g)(2)(i) or (g)(2)(ii) of this section. (i) If an owner or operator chooses to comply with the performance specifications in either paragraph (g)(1)(i), (ii), or (iii) of this section, the owner or operator must demonstrate compliance with the applicable performance specifications by conducting either a performance test as specified in paragraph (g)(2)(i)(A) of this section or a design analysis as specified in paragraph (g)(2)(i)(B) of this section, except as provided for in paragraph (g)(2)(i)(C) of this section. (A) An owner or operator choosing to use a performance test to demonstrate compliance must conduct the test in accordance with the requirements of § 63.694(l) of this subpart. (B) An owner or operator choosing to use a design analysis to demonstrate compliance must include as part of this design analysis the following information: description of the vent stream composition, constituent concentrations, and flow rate; specification of the design minimum and average flame zone temperatures and combustion zone residence time; and description of the method and location by which the vent stream is introduced into the flame zone. (C) An owner or operator is not required to conduct a performance test or design analysis if the boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (ii) If an owner or operator chooses to comply with the performance specifications in either paragraph (g)(1)(iv) or (g)(1)(v) of this section, the owner or operator must demonstrate compliance by maintaining the records that document that the boiler or process heater is designed and operated in accordance with the applicable requirements of this section. (3) For a boiler or process heater complying with the performance specifications in either paragraph (g)(1)(i), (g)(1)(ii), or (g)(1)(iii) of this section, the owner or operator must monitor the operation of a boiler or process heater in accordance with the requirements of § 63.695(e) of this subpart using one of the continuous monitoring systems specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this section. (i) A continuous parameter monitoring system to measure and record the daily average combustion zone temperature. The accuracy of the temperature sensor must be ±1 percent of the temperature being measured, expressed in degrees Celsius or ±0.5 °C, whichever is greater; (ii) A continuous monitoring system to measure and record the daily average concentration of organic compounds in the exhaust vent stream from the control device. The organic monitoring system must comply either with Performance Specification 8 or 9 in 40 CFR part 60, appendix B. The relative accuracy provision of Performance Specification 8, Sections 2.4 and 3 need not be conducted. (iii) A continuous monitoring system that measures alternative operating parameters other than those specified in paragraph (g)(3)(i) or (g)(3)(ii) of this section upon approval of the Administrator as specified in 40 CFR 63.8(f)(1) through (f)(5) of this part. (h) Flare control device requirements. (1) The flare must be designed and operated in accordance with the requirements in 40 CFR 63.11(b). (2) The owner or operator must demonstrate that the flare achieves the requirements in paragraph (h)(1) of this section by performing the procedures specified in paragraph (h)(2)(i) of this section. A previous compliance demonstration for the flare that meets all of the conditions specified in paragraph (h)(2)(ii) of this section may be used by an owner or operator to demonstrate compliance with this paragraph (h)(2). (i) To demonstrate that a flare achieves the requirements in paragraph (h)(1) of this section, the owner or operator performs all of the procedures specified in paragraphs (h)(2)(i)(A) through (h)(2)(i)(C) of this section. (A) The owner or operator conducts a visible emission test for the flare in accordance with the requirements specified in 40 CFR 63.11(b)(4). (B) The owner or operator determines the net heating value of the gas being combusted in the flare in accordance with the requirements specified in 40 CFR 63.11(b)(6); and (C) The owner or operator determines the flare exit velocity in accordance with the requirements applicable to the flare design as specified in 40 CFR 63.11(b)(7) or 40 CFR 63.11(b)(8). (ii) A previous compliance demonstration for the flare may be used by an owner or operator to demonstrate compliance with paragraph (h)(2) of this section provided that all conditions for the compliance determination and subsequent flare operation are met as specified in paragraphs (h)(2)(ii)(A) and (h)(2)(ii)(B) of this section. (A) The owner or operator conducted the compliance determination using the procedures specified in paragraph (h)(2)(i) of this section. (B) No flare operating parameter or process changes have occurred since completion of the compliance determination which could affect the compliance determination results. (3) The owner or operator must monitor the operation of the flare using a heat sensing monitoring device (including but not limited to a thermocouple, ultraviolet beam sensor, or infrared sensor) that continuously detects the presence of a pilot flame. The owner or operator must record, for each 1-hour period, whether the monitor was continuously operating and whether a pilot flame was continuously present during each hour as required in § 63.696(b)(3) of this subpart. [64 FR 38970, July 20, 1999, as amended at 66 FR 1266, Jan. 8, 2001; 68 FR 37351, June 23, 2003; 80 FR 14276, Mar. 18, 2015] § 63.694 Testing methods and procedures. (a) This section specifies the testing methods and procedures required for this subpart to perform the following: (1) To determine the average VOHAP concentration for off-site material streams at the point-of-delivery for compliance with standards specified § 63.683 of this subpart, the testing methods and procedures are specified in paragraph (b) of this section. (2) To determine the average VOHAP concentration for treated off-site material streams at the point-of-treatment for compliance with standards specified § 63.684 of this subpart, the testing methods and procedures are specified in paragraph (c) of this section. (3) To determine the treatment process VOHAP concentration limit (C R (4) To determine treatment process required HAP removal rate (RMR) for compliance with standards specified § 63.684 of this subpart, the testing methods and procedures are specified in paragraph (e) of this section. (5) To determine treatment process actual HAP removal rate (MR) for compliance with standards specified § 63.684 of this subpart, the testing methods and procedures are specified in paragraph (f) of this section. (6) To determine treatment process required HAP reduction efficiency (R) for compliance with standards specified in § 63.684 of this subpart, the testing methods and procedures are specified in paragraph (g) of this section. (7) To determine treatment process required HAP biodegradation efficiency (R bio (8) To determine treatment process required actual HAP mass removal rate (MR bio (9) To determine maximum organic HAP vapor pressure of off-site materials in tanks for compliance with the standards specified in § 63.685 of this subpart, the testing methods and procedures are specified in paragraph (j) of this section. (10) To determine no detectable organic emissions, the testing methods and procedures are specified in paragraph (k) of this section. (11) To determine closed-vent system and control device performance for compliance with the standards specified in § 63.693 of this subpart, the testing methods and procedures are specified in paragraph (l) of this section. (12) To determine process vent stream flow rate and total organic HAP concentration for compliance with the standards specified in § 63.693 of this subpart, the testing methods and procedures are specified in paragraph (m) of this section. (b) Testing methods and procedures to determine average VOHAP concentration of an off-site material stream at the point-of-delivery. (1) The average VOHAP concentration of an off-site material at the point-of-delivery shall be determined using either direct measurement as specified in paragraph (b)(2) of this section or by knowledge as specified in paragraph (b)(3) of this section. (2) Direct measurement to determine VOHAP concentration Sampling. (A) The averaging period to be used for determining the average VOHAP concentration for the off-site material stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the off-site material stream but shall not exceed 1 year. (B) A sufficient number of samples, but no less than four samples, shall be collected to represent the complete range of HAP compositions and HAP quantities that occur in the off-site material stream during the entire averaging period due to normal variations in the operating conditions for the source or process generating the off-site material stream. Examples of such normal variations are seasonal variations in off-site material quantity or fluctuations in ambient temperature. (C) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the off-site material stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the plant site operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A. (ii) Analysis. (A) Method 305 in 40 CFR part 63, appendix A. (B) Method 25D in 40 CFR part 60, appendix A. (C) Method 624 in 40 CFR part 136, appendix A. If this method is used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed. (D) Method 625 in 40 CFR part 136, appendix A. For the purpose of using this method to comply with this subpart, the owner or operator must perform corrections to these compounds based on the “accuracy as recovery” using the factors in Table 7 of the method. If this method is used to analyze one or more compounds that are not on the method's published list of approved compounds, the Alternative Test Procedure specified in 40 CFR 136.4 and 40 CFR 136.5 must be followed. (E) Method 1624 in 40 CFR part 136, appendix A. (F) Method 1625 in 40 CFR part 136, appendix A. (G) Method 8260 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992. As an alternative, an owner or operator may use any more recent, updated version of Method 8260 approved by the EPA. For the purpose of using Method 8260 to comply with this subpart, the owner or operator must maintain a formal quality assurance program consistent with section 8 of Method 8260, and this program must include the following elements related to measuring the concentrations of volatile compounds: ( 1 ( 2 ( 3 (H) Method 8270 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992. As an alternative, an owner or operator may use any more recent, updated version of Method 8270 approved by the EPA. For the purpose of using Method 8270 to comply with this subpart, the owner or operator must maintain a formal quality assurance program consistent with Method 8270, and this program must include the following elements related to measuring the concentrations of volatile compounds: ( 1 ( 2 ( 3 (I) Any other analysis method that has been validated in accordance with the procedures specified in section 5.1 and section 5.3 and the corresponding calculations in section 6.1 or section 6.3 of Method 301 in appendix A in 40 CFR part 63. The data are acceptable if they meet the criteria specified in section 6.1.5 or section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range of 0.7 to 1.30. Other sections of Method 301 are not required. (iii) Calculations. m305 Where: C = Average VOHAP concentration of the off-site material at the point-of-delivery on a mass-weighted basis, ppmw. i = Individual sample “i” of the off-site material. n = Total number of samples of the off-site material collected (at least 4) for the averaging period (not to exceed 1 year). Q i i Q T C i (3) Knowledge of the off-site material to determine VOHAP concentration. (i) Documentation shall be prepared that presents the information used as the basis for the owner's or operator's knowledge of the off-site material stream's average VOHAP concentration. Examples of information that may be used as the basis for knowledge include: material balances for the source or process generating the off-site material stream; species-specific chemical test data for the off-site material stream from previous testing that are still applicable to the current off-site material stream; previous test data for other locations managing the same type of off-site material stream; or other knowledge based on information in documents such as manifests, shipping papers, or waste certification notices. (ii) If test data are used as the basis for knowledge, then the owner or operator shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VOHAP concentration. For example, an owner or operator may use HAP concentration test data for the off-site material stream that are validated in accordance with Method 301 in 40 CFR part 63, appendix A of this part as the basis for knowledge of the off-site material. (iii) An owner or operator using species-specific chemical concentration test data as the basis for knowledge of the off-site material may adjust the test data to the corresponding average VOHAP concentration value which would be obtained had the off-site material samples been analyzed using Method 305. To adjust these data, the measured concentration for each individual HAP chemical species contained in the off-site material is multiplied by the appropriate species-specific adjustment factor (f m305 (iv) In the event that the Administrator and the owner or operator disagree on a determination of the average VOHAP concentration for an off-site material stream using knowledge, then the results from a determination of VOHAP concentration using direct measurement as specified in paragraph (b)(2) of this section shall be used to establish compliance with the applicable requirements of this subpart. The Administrator may perform or require that the owner or operator perform this determination using direct measurement. (c) Determination of average VOHAP concentration of an off-site material stream at the point-of-treatment. (1) Sampling. (i) The averaging period to be used for determining the average VOHAP concentration for the off-site material stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the owner or operator determines is appropriate for the off-site material stream but shall not exceed 1 year. (ii) A sufficient number of samples, but no less than four samples, shall be collected to represent the complete range of HAP compositions and HAP quantities that occur in the off-site material stream during the entire averaging period due to normal variations in the operating conditions for the treatment process. Examples of such normal variations are seasonal variations in off-site material quantity or fluctuations in ambient temperature. (iii) All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the off-site material stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the plant site operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A. (2) Analysis. (3) Calculations. m305 Where: C i = Individual sample “i” of the off-site material. n = Total number of samples of the off-site material collected (at least 4) for the averaging period (not to exceed 1 year). Q i i Q T C i (d) Determination of treatment process VOHAP concentration limit R (2) The average VOHAP concentration of each off-site material stream at the point-of-delivery shall be determined using the procedures specified in paragraph (b) of this section. (3) The VOHAP concentration limit (C R where: C R x = Individual off-site material stream “x” that has a VOHAP concentration less than 500 ppmw at the point-of-delivery. y = Individual off-site material stream “y” that has a VOHAP concentration equal to or greater than 500 ppmw at the point-of-delivery. m = Total number of “x” off-site material streams treated by process. n = Total number of “y” off-site material streams treated by process. Q x Q y C x (e) Determination of required HAP mass removal rate (RMR). (1) Each individual stream containing HAP that enters the treatment process shall be identified. (2) The average VOHAP concentration at the point-of-delivery for each stream identified in paragraph (e)(1) of this section shall be determined using the test methods and procedures specified in paragraph (b) of this section. (3) For each stream identified in paragraph (e)(1) of this section that has an average VOHAP concentration equal to or greater than 500 ppmw at the point-of-delivery, the average volumetric flow rate and the density of the off-site material stream at the point-of-delivery shall be determined. (4) The required HAP mass removal rate (RMR) shall be calculated by using the average VOHAP concentration, average volumetric flow rate, and density determined in paragraph (e)(3) of this section for each stream and the following equation: Where: RMR = Required HAP mass removal rate, kg/hr. y = Individual stream “y” that has a VOHAP concentration equal to or greater than 500 ppmw at the point-of-delivery as determined in § 63.694(b). n = Total number of “y” streams treated by process. V y 3 k y 3 C y (f) Determination of actual HAP mass removal rate (MR). (1) The actual HAP mass removal rate (MR) shall be determined based on results for a minimum of three consecutive runs. The sampling time for each run shall be at least 1 hour. (2) The HAP mass flow entering the process (E b a (3) The actual mass removal rate shall be calculated using the HAP mass flow rates determined in paragraph (f)(2) of this section and the following equation: MR = E b a where: MR = Actual HAP mass removal rate, kg/hr. E b E a (g) Determination of treatment process HAP reduction efficiency (R). (1) The HAP reduction efficiency (R) for a treatment process shall be determined based on results for a minimum of three consecutive runs. (2) Each individual stream containing HAP that enters the treatment process shall be identified. Each individual stream containing HAP that exits the treatment process shall be identified. The owner or operator shall prepare a sampling plan for measuring the identified streams that accurately reflects the retention time of the material in the process. (3) For each run, information shall be determined for each stream identified in paragraph (g)(2) of this section as specified in paragraphs (g)(3)(i) through (g)(3)(iii) of this section. (i) The mass quantity shall be determined for each stream identified in paragraph (g)(2) of this section as entering the process (Q b a (ii) The average VOHAP concentration at the point-of-delivery shall be determined for each stream entering the process (C b (iii) The average VOHAP concentration at the point-of-treatment shall be determined for each stream exiting the process (C a (4) The HAP mass flow entering the process (E b a Where: E b E a m = Total number of runs (at least 3) j = Individual run “j” Q bj Q aj C aj C bj (5) The HAP reduction efficiency (R) shall be calculated using the HAP mass flow rates determined in paragraph (g)(4) of this section and the following equation: Where: R = HAP reduction efficiency, percent. E b E a (h) Determination of HAP biodegradation efficiency (R bio (1) The fraction of HAP biodegraded (F bio (2) The HAP biodegradation efficiency (R bio R bio bio where: R bio F bio (i) Determination of actual HAP mass removal rate (MR bio ). bio (2) The HAP mass flow entering the process (E b (3) The fraction of HAP biodegraded (F bio (4) The actual mass removal rate shall be calculated by using the HAP mass flow rates and fraction of HAP biodegraded determined in paragraphs (i)(2) and (i)(3), respectively, of this section and the following equation: MR bio b bio Where: MR bio E b F bio (j) Determination of maximum HAP vapor pressure for off-site material in a tank. (2) Direct measurement to determine the maximum HAP vapor pressure of an off-site material. (i) Sampling. A sufficient number of samples shall be collected to be representative of the off-site material contained in the tank. All samples shall be collected and handled in accordance with written procedures prepared by the owner or operator and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the off-site material is collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained on-site in the plant site operating records. An example of an acceptable sampling plan includes a plan incorporating sample collection and handling procedures in accordance with the requirements specified in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846 or Method 25D in 40 CFR part 60, appendix A. (ii) Analysis. Any one of the following methods may be used to analyze the samples and compute the maximum HAP vapor pressure of the off-site material: (A) Method 25E in 40 CFR part 60 appendix A; (B) Methods described in American Petroleum Institute Bulletin 2517, “Evaporation Loss from External Floating Roof Tanks,”; (C) Methods obtained from standard reference texts; (D) ASTM Method 2879-83; or (E) Any other method approved by the Administrator. (3) Use of knowledge to determine the maximum HAP vapor pressure of the off-site material. (k) Procedure for determining no detectable organic emissions for the purpose of complying with this subpart. (1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve. (2) The test shall be performed when the unit contains a material having a total organic concentration representative of the range of concentrations for the materials expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 8.1.1 of Method 21 shall be for the weighted average composition of the organic constituents in the material placed in the unit at the time of monitoring, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (5) Calibration gases shall be as follows: (i) Zero air (less than 10 ppmv hydrocarbon in air); and (ii) A mixture of methane or n-hexane in air at a concentration of approximately, but less than, 10,000 ppmv. (6) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (k)(8)(i) or (k)(8)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (k)(9) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (k)(6) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (k)(9) of this section. (9) A potential leak interface is determined to operate with no detectable emissions using the applicable criteria specified in paragraphs (k)(9)(i) and (k)(9)(ii) of this section. (i) For a potential leak interface other than a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (k)(8) is less than 500 ppmv. (ii) For a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (k)(8) is less than 10,000 ppmv. (l) Control device performance test procedures. i.e., (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites at the inlet and outlet of the control device. (i) To determine compliance with a control device percent reduction requirement, sampling sites shall be located at the inlet of the control device as specified in paragraphs (l)(1)(i)(A) and (l)(1)(i)(B) of this section, and at the outlet of the control device. (A) The control device inlet sampling site shall be located after the final product recovery device. (B) If a vent stream is introduced with the combustion air or as an auxiliary fuel into a boiler or process heater, the location of the inlet sampling sites shall be selected to ensure that the measurement of total HAP concentration or TOC concentration, as applicable, includes all vent streams and primary and secondary fuels introduced into the boiler or process heater. (ii) To determine compliance with an enclosed combustion device concentration limit, the sampling site shall be located at the outlet of the device. (2) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate. (3) To determine compliance with the control device percent reduction requirement, the owner or operator shall use Method 18 of 40 CFR part 60, appendix A to measure the HAP in Table 1 of this subpart or Method 25A of 40 CFR part 60, appendix A to measure TOC. Method 18 may be used to measure methane and ethane, and the measured concentration may be subtracted from the Method 25A measurement. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 in appendix A of this part may be used. The following procedures shall be used to calculate percent reduction efficiency: (i) A minimum of three sample runs must be performed. The minimum sampling time for each run shall be 1 hour. For Method 18, either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time such as 15 minute intervals during the run. (ii) The mass rate of either TOC (minus methane and ethane) or total HAP (E i o (A) The following equations shall be used: Where: C ij oj E i o M ij oj Q i o K 2 −6 −1 (B) When the TOC mass rate is calculated, the average concentration reading (minus methane and ethane) measured by Method 25A of 40 CFR part 60, appendix A shall be used in the equation in paragraph (l)(3)(ii)(A) of this section. (C) When the total HAP mass rate is calculated, only the HAP constituents shall be summed using the equation in paragraph (l)(3)(ii)(A) of this section. (iii) The percent reduction in TOC (minus methane and ethane) or total HAP shall be calculated as follows: where: R cd E i E o (iv) If the vent stream entering a boiler or process heater is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total HAP exiting the device, respectively. (4) To determine compliance with the enclosed combustion device total HAP concentration limit of this subpart, the owner or operator shall use Method 18 of 40 CFR part 60, appendix A to measure the total HAP in Table 1 of this subpart or Method 25A of 40 CFR part 60, appendix A to measure TOC. Method 18 may be used to measure methane and ethane and the measured concentration may be subtracted from the Method 25A measurement. Alternatively, any other method or data that has been validated according to Method 301 in appendix A of this part, may be used. The following procedures shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen: (i) A minimum of three sample runs must be performed. The minimum sampling time for each run shall be 1 hour. For Method 18, either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (ii) The TOC concentration or total HAP concentration shall be calculated according to paragraph (m)(4)(ii)(A) or (m)(4)(ii)(B) of this section. (A) The TOC concentration (C TOC (B) The total HAP concentration (C HAP where: C HAP C ij n = Number of components in the sample. x = Number of samples in the sample run. (iii) The measured TOC concentration or total HAP concentration shall be corrected to 3 percent oxygen as follows: (A) The emission rate correction factor or excess air, integrated sampling and analysis procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the oxygen concentration (%O 2dry (B) The concentration corrected to 3 percent oxygen (C c where: C c C m %O 2dry (m) Determination of process vent stream flow rate and total HAP concentration. (1) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, must be used for selection of the sampling site. (2) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter. For vents smaller than 0.10 meter in diameter, sample at the center of the vent. (3) Process vent stream gas volumetric flow rate must be determined using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate. (4) Process vent stream total HAP concentration must be measured using the following procedures: (i) Method 18 of 40 CFR part 60, appendix A, must be used to measure the total HAP concentration. Alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used. (ii) Where Method 18 of 40 CFR part 60, appendix A, is used, the following procedures must be used to calculate parts per million by volume concentration: (A) The minimum sampling time for each run must be 1 hour in which either an integrated sample or four grab samples must be taken. If grab sampling is used, then the samples must be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (B) The total HAP concentration (C HAP Where: C HAP C ji n = Number of components in the sample. x = Number of samples in the sample run. [61 FR 34158, July 1, 1996, as amended at 64 FR 38974, July 20, 1999; 66 FR 1267, Jan. 8, 2001; 80 FR 14277, Mar. 18, 2015] § 63.695 Inspection and monitoring requirements. (a) The owner or operator must install, calibrate, maintain, and operate all monitoring system components according to §§ 63.8, 63.684(e), 63.693(d)(3), (e)(3), (f)(3), (g)(3), and (h)(3), and paragraph (a)(5) of this section and perform the inspection and monitoring procedures specified in paragraphs (a)(1) through (4) of this section. (1) To inspect tank fixed roofs and floating roofs for compliance with the Tank Level 2 controls standards specified in § 63.685 of this subpart, the inspection procedures are specified in paragraph (b) of this section. (2) To inspect and monitor closed-vent systems for compliance with the standards specified in § 63.693 of this subpart, the inspection and monitoring procedures are specified in paragraph (c) of this section. (3) To inspect and monitor transfer system covers for compliance with the standards specified in § 63.689(c)(1) of this subpart, the inspection and monitoring procedures are specified in paragraph (d) of this section. (4) To monitor and record off-site material treatment processes for compliance with the standards specified in 63.684(e), the monitoring procedures are specified in paragraph (e) of this section. (5)(i) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), the owner or operator must operate the continuous monitoring system at all times the affected source is operating. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator is required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable. (ii) The owner or operator may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. The owner or operator must use all the data collected during all other required data collection periods in assessing the operation of the control device and associated control system. The owner or operator must report any periods for which the monitoring system failed to collect required data. (b) Tank Level 2 fixed roof and floating roof inspection requirements. (1) Owners and operators that use a tank equipped with an internal floating roof in accordance with the provisions of § 63.685(e) of this subpart shall meet the following inspection requirements: (i) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, the internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the waste surfaces from the atmosphere; or the slotted membrane has more than 10 percent open area. (ii) The owner or operator shall inspect the internal floating roof components as follows except as provided for in paragraph (b)(1)(iii) of this section: (A) Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every calendar year after initial fill, and (B) Visually inspect the internal floating roof, primary seal, secondary seal (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years. Prior to each inspection, the owner or operator shall notify the Administrator in accordance with the reporting requirements specified in § 63.697 of this subpart. (iii) As an alternative to performing the inspections specified in paragraph (b)(1)(ii) of this section for an internal floating roof equipped with two continuous seals mounted one above the other, the owner or operator may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years. Prior to each inspection, the owner or operator shall notify the Administrator in accordance with the reporting requirements specified in § 63.697 of this subpart. (iv) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b)(4) of this section. (v) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696 of this subpart. (2) Owners and operators that use a tank equipped with an external floating roof in accordance with the provisions of § 63.685(f) of this subpart shall meet the following requirements: (i) The owner or operator shall measure the external floating roof seal gaps in accordance with the following requirements: (A) The owner or operator shall perform measurements of gaps between the tank wall and the primary seal within 60 days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years. Prior to each inspection, the owner or operator shall notify the Administrator in accordance with the reporting requirements specified in § 63.697 of this subpart. (B) The owner or operator shall perform measurements of gaps between the tank wall and the secondary seal within 60 days after initial operation of the separator following installation of the floating roof and, thereafter, at least once every year. Prior to each inspection, the owner or operator shall notify the Administrator in accordance with the reporting requirements specified in § 63.697 of this subpart. (C) If a tank ceases to hold off-site material for a period of 1 year or more, subsequent introduction of off-site material into the tank shall be considered an initial operation for the purposes of paragraphs (b)(2)(i)(A) and (b)(2)(i)(B) of this section. (D) The owner shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure. ( 1 ( 2 1/8 ( 3 ( 4 (E) In the event that the seal gap measurements do not conform to the specifications in § 63.685(f)(1) of this subpart, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b)(4) of this section. (F) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696 of this subpart. (ii) The owner or operator shall visually inspect the external floating roof in accordance with the following requirements: (A) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to: holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (B) The owner or operator shall perform the inspections following installation of the external floating roof and, thereafter, at least once every year. (C) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b)(4) of this section. (D) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696(d) of this subpart. (3) Owners and operators that use a tank equipped with a fixed roof in accordance with the provisions of § 63.685(g) of this subpart shall meet the following requirements: (i) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the separator wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. In the case when a tank is buried partially or entirely underground, inspection is required only for those portions of the cover that extend to or above the ground surface, and those connections that are on such portions of the cover (e.g., fill ports, access hatches, gauge wells, etc.) and can be opened to the atmosphere. (ii) The owner or operator must perform an initial inspection following installation of the fixed roof. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (f) of this section. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b)(4) of this section. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696(e) of this subpart. (4) The owner or operator shall repair each defect detected during an inspection performed in accordance with the requirements of paragraph (b)(1), (b)(2), or (b)(3) of this section in the following manner: (i) The owner or operator shall within 45 calendar days of detecting the defect either repair the defect or empty the tank and remove it from service. If within this 45-day period the defect cannot be repaired or the tank cannot be removed from service without disrupting operations at the plant site, the owner or operator is allowed two 30-day extensions. In cases when an owner or operator elects to use a 30-day extension, the owner or operator shall prepare and maintain documentation describing the defect, explaining why alternative storage capacity is not available, and specify a schedule of actions that will ensure that the control equipment will be repaired or the tank emptied as soon as possible. (ii) When a defect is detected during an inspection of a tank that has been emptied and degassed, the owner or operator shall repair the defect before refilling the tank. (c) Owners and operators that use a closed-vent system in accordance with the provisions of § 63.693 of this subpart shall meet the following inspection and monitoring requirements: (1) Each closed-vent system that is used to comply with § 63.693(c)(1)(i) of this subpart shall be inspected and monitored in accordance with the following requirements: (i) At initial startup, the owner or operator shall monitor the closed-vent system components and connections using the procedures specified in § 63.694(k) of this subpart to demonstrate that the closed-vent system operates with no detectable organic emissions. (ii) After initial startup, the owner or operator shall inspect and monitor the closed-vent system as follows: (A) Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air emissions. The owner or operator shall monitor a component or connection using the procedures specified in § 63.694(k) of this subpart to demonstrate that it operates with no detectable organic emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted). (B) Closed-vent system components or connections other than those specified in paragraph (c)(1)(ii)(A) of this section, shall be monitored at least once per year using the procedures specified in § 63.694(k) of this subpart to demonstrate that components or connections operate with no detectable organic emissions. (C) The continuous monitoring system required by § 63.693(b)(4)(i) shall monitor and record either an instantaneous data value at least once every 15 minutes or an average value for intervals of 15 minutes or less. (D) The owner or operator shall visually inspect the seal or closure mechanism required by § 63.693(c)(2)(ii) at least once every month to verify that the bypass mechanism is maintained in the closed position. (iii) In the event that a defect or leak is detected, the owner or operator shall repair the defect or leak in accordance with the requirements of paragraph (c)(3) of this section. (iv) The owner or operator shall maintain a record of the inspection and monitoring in accordance with the requirements specified in § 63.696 of this subpart. (2) Each closed-vent system that is used to comply with § 63.693(c)(1)(ii) of this subpart shall be inspected and monitored in accordance with the following requirements: (i) The closed-vent system shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping; loose connections; or broken or missing caps or other closure devices. (ii) The owner or operator must perform an initial inspection following installation of the closed-vent system. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (f) of this section. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c)(3) of this section. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696 of this subpart. (3) The owner or operator shall repair all detected defects as follows: (i) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection. (ii) Repair of a defect may be delayed beyond 45 calendar days if either of the conditions specified in paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) occurs. In this case, the owner or operator must repair the defect the next time the process or unit that vents to the closed-vent system is shutdown. Repair of the defect must be completed before the process or unit resumes operation. (A) Completion of the repair is technically infeasible without the shutdown of the process or unit that vents to the closed-vent system. (B) The owner or operator determines that the air emissions resulting from the repair of the defect within the specified period would be greater than the fugitive emissions likely to result by delaying the repair until the next time the process or unit that vents to the closed-vent system is shutdown. (iii) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.696 of this subpart. (d) Owners and operators that use a transfer system equipped with a cover in accordance with the provisions of § 63.689(c)(1) of this subpart shall meet the following inspection requirements: (1) The cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover sections or between the cover and its mounting; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. In the case when a transfer system is buried partially or entirely underground, inspection is required only for those portions of the cover that extend to or above the ground surface, and those connections that are on such portions of the cover (e.g., access hatches, etc.) and can be opened to the atmosphere. (2) The owner or operator must perform an initial inspection following installation of the cover. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (f) of this section. (3) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d)(5) of this section. (4) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.696 of this subpart. (5) The owner or operator shall repair all detected defects as follows: (i) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (d)(5)(ii) of this section. (ii) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the transfer system and no alternative transfer system is available at the site to accept the material normally handled by the system. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the material handled by the transfer system stops operation. Repair of the defect must be completed before the process or unit resumes operation. (iii) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.696 of this subpart. (e) Control device monitoring requirements. (1) A continuous parameter monitoring system must be used to measure the operating parameter or parameters specified for the control device in § 63.693(d) through § 63.693(g) of this subpart as applicable to the type and design of the control device. The continuous parameter monitoring system must meet the following specifications and requirements: (i) The continuous parameter monitoring system must measure either an instantaneous value at least once every 15 minutes or an average value for intervals of 15 minutes or less and continuously record either: (A) Each measured data value; or (B) Each block average value for each 1-hour period or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. (ii) The monitoring system must be installed, calibrated, operated, and maintained in accordance with the manufacturer's specifications or other written procedures that provide reasonable assurance that the monitoring equipment is operating properly. (2) Using the data recorded by the monitoring system, the owner or operator must calculate the daily average value for each monitored operating parameter for each operating day. If operation of the control device is continuous, the operating day is a 24-hour period. If control device operation is not continuous, the operating day is the total number of hours of control device operation per 24-hour period. Valid data points must be available for 75 percent of the operating hours in an operating day to compute the daily average. (3) For each monitored operating parameter, the owner or operator must establish a minimum operating parameter value or a maximum operating parameter value, as appropriate, to define the range of conditions at which the control device must be operated to continuously achieve the applicable performance requirements specified in § 63.693(b)(2) of this subpart. Each minimum or maximum operating parameter value must be established in accordance with the requirements in paragraphs (e)(3)(i) and (e)(3)(ii) of this section. (i) If the owner or operator conducts a performance test to demonstrate control device performance, then the minimum or maximum operating parameter value must be established based on values measured during the performance test and supplemented, as necessary, by the control device design specifications, manufacturer recommendations, or other applicable information. (ii) If the owner or operator uses a control device design analysis to demonstrate control device performance, then the minimum or maximum operating parameter value must be established based on the control device design analysis and supplemented, as necessary, by the control device manufacturer recommendations or other applicable information. (4) A deviation for a given control device is determined to have occurred when the monitoring data or lack of monitoring data result in any one of the criteria specified in paragraphs (e)(4)(i) through (iii) of this section being met. When multiple operating parameters are monitored for the same control device and during the same operating day more than one of these operating parameters meets a deviation criterion specified in paragraphs (e)(4)(i) through (iii) of this section, then a single deviation is determined to have occurred for the control device for that operating day. (i) A deviation occurs when the daily average value of a monitored operating parameter is less than the minimum operating parameter limit (or, if applicable, greater than the maximum operating parameter limit) established for the operating parameter in accordance with the requirements of paragraph (e)(3) of this section. (ii) A deviation occurs when the period of control device operation is 4 hours or greater in an operating day and the monitoring data are insufficient to constitute a valid hour of data for at least 75 percent of the operating hours. Monitoring data are insufficient to constitute a valid hour of data if measured values are unavailable for any of the 15-minute periods within the hour. (iii) A deviation occurs when the period of control device operation is less than 4 hours in an operating day and more than 1 of the hours during the period does not constitute a valid hour of data due to insufficient monitoring data. Monitoring data are insufficient to constitute a valid hour of data if measured values are unavailable for any of the 15-minute periods within the hour. (5) For each deviation, except when the deviation occurs during periods of non-operation of the unit or the process that is vented to the control device (resulting in cessation of HAP emissions to which the monitoring applies), the owner or operator shall be deemed to have failed to have applied control in a manner that achieves the required operating parameter limits. Failure to achieve the required operating parameter limits is a violation of this standard. (f) Alternative inspection and monitoring interval. (1) The owner or operator must prepare and maintain at the plant site written documentation identifying the specific air pollution control equipment designated as “unsafe to inspect and monitor.” The documentation must include for each piece of air pollution control equipment designated as such a written explanation of the reasons why the equipment is unsafe to inspect or monitor using the applicable procedures under this section. (2) The owner or operator must develop and implement a written plan and schedule to inspect and monitor the air pollution control equipment using the applicable procedures specified in this section during times when a worker can safely access the air pollution control equipment. The required inspections and monitoring must be performed as frequently as practicable but do not need to be performed more frequently than the periodic schedule that would be otherwise applicable to the air pollution control equipment under the provisions of this section. A copy of the written plan and schedule must be maintained at the plant site. [64 FR 38977, July 20, 1999, as amended at 68 FR 37352, June 23, 2003; 71 FR 20457, Apr. 20, 2006; 80 FR 14278, Mar. 18, 2015] § 63.696 Recordkeeping requirements. (a) The owner or operator subject to this subpart shall comply with the recordkeeping requirements in § 63.10 under 40 CFR 63 subpart A—General Provisions that are applicable to this subpart as specified in Table 2 of this subpart. (b) The owner or operator of a control device subject to this subpart shall maintain the records in accordance with the requirements of 40 CFR 63.10 of this part. (c) [Reserved] (d) Each owner or operator using an internal floating roof to comply with the tank control requirements specified in § 63.685(e) of this subpart or using an external floating roof to comply with the tank control requirements specified in § 63.685(f) of this subpart shall prepare and maintain the following records: (1) Documentation describing the floating roof design and the dimensions of the tank. (2) A record for each inspection required by § 63.695(b) of this subpart, as applicable to the tank, that includes the following information: a tank identification number (or other unique identification description as selected by the owner or operator) and the date of inspection. (3) The owner or operator shall record for each defect detected during inspections required by § 63.695(b) of this subpart the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 63.695(b)(4) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. (4) Owners and operators that use a tank equipped with an external floating roof in accordance with the provisions of § 63.685(f) of this subpart shall prepare and maintain records for each seal gap inspection required by § 63.695(b) describing the results of the seal gap measurements. The records shall include the date of that the measurements are performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in § 63.695(b) of this subpart, the records shall include a description of the repairs that were made, the date the repairs were made, and the date the separator was emptied, if necessary. (e) Each owner or operator using a fixed roof to comply with the tank control requirements specified in § 63.685(g) of this subpart shall prepare and maintain the following records: (1) A record for each inspection required by § 63.695(b) of this subpart, as applicable to the tank, that includes the following information: a tank identification number (or other unique identification description as selected by the owner or operator) and the date of inspection. (2) The owner or operator shall record for each defect detected during inspections required by § 63.695(b) of this subpart the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 63.695(b)(4) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. (f) Each owner or operator using an enclosure to comply with the tank control requirements specified in § 63.685(i) of this subpart shall prepare and maintain records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. (g) An owner or operator shall record, on a semiannual basis, the information specified in paragraphs (g)(1) and (g)(2) of this section for those planned routine maintenance operations that would require the control device not to meet the requirements of § 63.693(d) through (h) of this subpart, as applicable. (1) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods. (2) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during these 6 months that the control device did not meet the requirement of § 63.693 (d) through (h) of this subpart, as applicable, due to planned routine maintenance. (h) An owner or operator shall record the malfunction information specified in paragraphs (h)(1) through (3) of this section. (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time and duration of the failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the volume of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.683(e) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (i) For pressure relief devices in off-site material service, keep records of the information specified in paragraphs (i)(1) through (5) of this section, as applicable. (1) A list of identification numbers for pressure relief devices that the owner or operator elects to route emissions through a closed-vent system to a control device, process or drain system under the provisions in § 63.691(c)(4). (2) A list of identification numbers for pressure relief devices that do not consist of or include a rupture disk, subject to the provisions in § 63.691(c)(2)(i). (3) A list of identification numbers for pressure relief devices equipped with rupture disks, subject to the provisions in § 63.691(c)(2)(ii). (4) The dates and results of the Method 21 of 40 CFR part 60, appendix A, monitoring following a pressure release for each pressure relief device subject to the provisions in § 63.691(c)(2)(i). The results of each monitoring event shall include: (i) The measured background level. (ii) The maximum instrument reading measured at each pressure relief device. (5) For pressure relief devices in off-site material service subject to § 63.691(c)(3), keep records of each pressure release to the atmosphere, including the following information: (i) The source, nature, and cause of the pressure release. (ii) The date, time, and duration of the pressure release. (iii) An estimate of the quantity of HAP listed in Table 1 of this subpart emitted during the pressure release and the calculations used for determining this quantity. (iv) The actions taken to prevent this pressure release. (v) The measures adopted to prevent future such pressure releases. (j) (1) For pressure tank closure devices, as specified in § 63.685(h)(2), keep records of each release to the atmosphere, including the information specified in paragraphs (j)(3) though (7) of this section. (2) For each closed vent system that includes bypass devices that could divert a stream away from the control device and into the atmosphere, as specified in § 63.693(c)(2), and each open-ended valve or line in an emergency shutdown system which is designed to open automatically in the event of a process upset, as specified in § 63.167(d) or 40 CFR 61.242-6(d), keep records of each release to the atmosphere, including the information specified in paragraphs (j)(3) though (9) of this section. (3) The source, nature, and cause of the release. (4) The date, time, and duration of the release. (5) An estimate of the quantity of HAP listed in Table 1 of this subpart emitted during the release and the calculations used for determining this quantity. (6) The actions taken to prevent this release. (7) The measures adopted to prevent future such release. (8) Hourly records of whether the bypass flow indicator specified under § 63.693(c)(2) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (9) Where a seal mechanism is used to comply with § 63.693(c)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanism has been done, and shall record the duration of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. [61 FR 34158, July 1, 1996, as amended at 80 FR 14279, Mar. 18, 2015] § 63.697 Reporting requirements. (a) Each owner or operator of an affected source subject to this subpart must comply with the notification requirements specified in paragraph (a)(1) of this section and the reporting requirements specified in paragraphs (a)(2) and (3) of this section. (1) The owner or operator of an affected source must submit notices to the Administrator in accordance with the applicable notification requirements in 40 CFR 63.9 as specified in Table 2 of this subpart. For the purpose of this subpart, an owner or operator subject to the initial notification requirements under 40 CFR 63.9(b)(2) must submit the required notification on or before October 19, 1999, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (i) For pressure relief devices in off-site material service subject to the requirements of § 63.691(c), the owner or operator must submit the information listed in paragraph (a)(1)(ii) of this section in the notification of compliance status required under § 63.9(h) within 150 days after the first applicable compliance date for pressure relief device monitoring. (ii) For pressure relief devices in off-site material service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), a description of the alarms or other methods by which operators will be notified of a pressure release, and a description of how the owner or operator will determine the information to be recorded under § 63.696(i)(5)(ii) through (iii) ( i.e., (2) The owner or operator of an affected source must submit reports to the Administrator in accordance with the applicable reporting requirements in 40 CFR 63.10 as specified in Table 2 of this subpart. (3) Electronic reporting. (i) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (ii) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, the owner or operator must submit the results of the performance test to the Administrator at the appropriate address listed in 40 CFR 60.4. (b) The owner or operator of a control device used to meet the requirements of § 63.693 of this subpart shall submit the following notifications and reports to the Administrator: (1) A Notification of Performance Tests specified in § 63.7 and § 63.9(g) of this part, (2) Performance test reports specified in § 63.10(d)(2) of this part, and (3) Reports of malfunctions. (4) A summary report specified in § 63.10(e)(3) shall be submitted on a semiannual basis ( i.e., (5) For pressure relief devices in off-site material service subject to § 63.691(c), Periodic Reports must include the information specified in paragraphs (b)(5)(i) through (iii) of this section. (i) For pressure relief devices in off-site material service subject to § 63.691(c), report the results of all monitoring conducted within the reporting period. (ii) For pressure relief devices in gas/vapor service subject to § 63.691(c)(2)(i), report any instrument reading of 500 ppm above background or greater, if detected more than 5 days after the pressure release. (iii) For pressure relief devices in off-site material service subject to § 63.691(c)(3), report each pressure release to the atmosphere, including the following information: (A) The source, nature, and cause of the pressure release. (B) The date, time, and duration of the pressure release. (C) An estimate of the quantity of HAP listed in Table 1 of this subpart emitted during the pressure release and the method used for determining this quantity. (D) The actions taken to prevent this pressure release. (E) The measures adopted to prevent future such pressure releases. (6) Pressure tank closure device or bypass deviation report. (i) Any pressure tank closure device, as specified in § 63.685(h)(2), has released to the atmosphere. (ii) Any closed vent system that includes bypass devices that could divert a vent a stream away from the control device and into the atmosphere, as specified in § 63.693(c)(2), has released directly to the atmosphere. (iii) Any open-ended valve or line in an emergency shutdown system which is designed to open automatically in the event of a process upset, as specified in § 63.167(d) or 40 CFR 61.242-6(d), has released directly to the atmosphere. (iv) The pressure tank closure device or bypass deviation report must include the information specified in paragraphs (b)(6)(iv)(A) through (E) of this section. (A) The source, nature and cause of the release. (B) The date, time and duration of the discharge. (C) An estimate of the quantity of HAP listed in Table 1 of this subpart emitted during the release and the method used for determining this quantity. (D) The actions taken to prevent this release. (E) The measures adopted to prevent future such releases. (c) Each owner or operator using an internal floating roof or external floating roof to comply with the Tank Level 2 control requirements specified in § 63.685(d) of this subpart shall notify the Administrator in advance of each inspection required under § 63.695(b) of this subpart to provide the Administrator with the opportunity to have an observer present during the inspection. The owner or operator shall notify the Administrator of the date and location of the inspection as follows: (1) Prior to each inspection to measure external floating roof seal gaps as required under § 63.695(b) of this subpart, written notification shall be prepared and sent by the owner or operator so that it is received by the Administrator at least 30 calendar days before the date the measurements are scheduled to be performed. (2) Prior to each visual inspection of an internal floating roof or external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the owner or operator so that it is received by the Administrator at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in paragraph (c)(3) of this section. (3) When a visual inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Administrator as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Administrator at least 7 calendar days before refilling the tank. [61 FR 34158, July 1, 1996, as amended at 64 FR 38981, July 20, 1999; 80 FR 14279, Mar. 18, 2015; 85 FR 73893, Nov. 19, 2020] § 63.698 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.680, 63.683 through 63.691, and 63.693. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of alternatives to the electronic reporting requirements in § 63.697(a)(3). [68 FR 37352, June 23, 2003, as amended at 80 FR 14280, Mar. 18, 2015] Table 1 to Subpart DD of Part 63—List of Hazardous Air Pollutants (HAP) for Subpart DD CAS No. a Chemical name f m 75-07-0 Acetaldehyde 1.000 75-05-8 Acetonitrile 0.989 98-86-2 Acetophenone 0.314 107-02-8 Acrolein 1.000 107-13-1 Acrylonitrile 0.999 107-05-1 Allyl chloride 1.000 71-43-2 Benzene (includes benzene in gasoline) 1.000 98-07-7 Benzotrichloride (isomers and mixture) 0.958 100-44-7 Benzyl chloride 1.000 92-52-4 Biphenyl 0.864 542-88-1 Bis(chloromethyl)ether b 0.999 75-25-2 Bromoform 0.998 106-99-0 1,3-Butadiene 1.000 75-15-0 Carbon disulfide 1.000 56-23-5 Carbon tetrachloride 1.000 43-58-1 Carbonyl sulfide 1.000 133-90-4 Chloramben 0.633 108-90-7 Chlorobenzene 1.000 67-66-3 Chloroform 1.000 107-30-2 Chloromethyl methyl ether b 1.000 126-99-8 Chloroprene 1.000 98-82-8 Cumene 1.000 94-75-7 2,4-D, salts and esters 0.167 334-88-3 Diazomethane c 0.999 132-64-9 Dibenzofurans 0.967 96-12-8 1,2-Dibromo-3-chloropropane 1.000 106-46-7 1,4-Dichlorobenzene(p) 1.000 107-06-2 Dichloroethane (Ethylene dichloride) 1.000 111-44-4 Dichloroethyl ether (Bis(2-chloroethyl ether) 0.757 542-75-6 1,3-Dichloropropene 1.000 79-44-7 Dimethyl carbamoyl chloride c 0.150 64-67-5 Diethyl sulfate 0.0025 77-78-1 Dimethyl sulfate 0.086 121-69-7 N,N-Dimethylaniline 0.0008 51-28-5 2,4-Dinitrophenol 0.0077 121-14-2 2,4-Dinitrotoluene 0.0848 123-91-1 1,4-Dioxane (1,4-Diethyleneoxide) 0.869 106-89-8 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 0.939 106-88-7 1,2-Epoxybutane 1.000 140-88-5 Ethyl acrylate 1.000 100-41-4 Ethyl benzene 1.000 75-00-3 Ethyl chloride (Chloroethane) 1.000 106-93-4 Ethylene dibromide (Dibromoethane) 0.999 107-06-2 Ethylene dichloride (1,2-Dichloroethane) 1.000 151-56-4 Ethylene imine (Aziridine) 0.867 75-21-8 Ethylene oxide 1.000 75-34-3 Ethylidene dichloride (1,1-Dichloroethane) 1.000 Glycol ethers d −6 3 (e) 118-74-1 Hexachlorobenzene 0.97 87-68-3 Hexachlorobutadiene 0.88 67-72-1 Hexachloroethane 0.499 110-54-3 Hexane 1.000 78-59-1 Isophorone 0.506 58-89-9 Lindane (all isomers) 1.000 67-56-1 Methanol 0.855 74-83-9 Methyl bromide (Bromomethane) 1.000 74-87-3 Methyl chloride (Choromethane) 1.000 71-55-6 Methyl chloroform (1,1,1-Trichloroethane) 1.000 78-93-3 Methyl ethyl ketone (2-Butanone) 0.990 74-88-4 Methyl iodide (Iodomethane) 1.0001 108-10-1 Methyl isobutyl ketone (Hexone) 0.9796 624-83-9 Methyl isocyanate 1.000 80-62-6 Methyl methacrylate 0.916 1634-04-4 Methyl tert butyl ether 1.000 75-09-2 Methylene chloride (Dichloromethane) 1.000 91-20-3 Naphthalene 0.994 98-95-3 Nitrobenzene 0.394 79-46-9 2-Nitropropane 0.989 82-68-8 Pentachloronitrobenzene (Quintobenzene) 0.839 87-86-5 Pentachlorophenol 0.0898 75-44-5 Phosgene c 1.000 123-38-6 Propionaldehyde 0.999 78-87-5 Propylene dichloride (1,2-Dichloropropane) 1.000 75-56-9 Propylene oxide 1.000 75-55-8 1,2-Propylenimine (2-Methyl aziridine) 0.945 100-42-5 Styrene 1.000 96-09-3 Styrene oxide 0.830 79-34-5 1,1,2,2-Tetrachloroethane 0.999 127-18-4 Tetrachloroethylene (Perchloroethylene) 1.000 108-88-3 Toluene 1.000 95-53-4 o-Toluidine 0.152 120-82-1 1,2,4-Trichlorobenzene 1.000 71-55-6 1,1,1-Trichloroethane (Methyl chlorform) 1.000 79-00-5 1,1,2-Trichloroethane (Vinyl trichloride) 1.000 79-01-6 Trichloroethylene 1.000 95-95-4 2,4,5-Trichlorophenol 0.108 88-06-2 2,4,6-Trichlorophenol 0.132 121-44-8 Triethylamine 1.000 540-84-1 2,2,4-Trimethylpentane 1.000 108-05-4 Vinyl acetate 1.000 593-60-2 Vinyl bromide 1.000 75-01-4 Vinyl chloride 1.000 75-35-4 Vinylidene chloride (1,1-Dichloroethylene) 1.000 1330-20-7 Xylenes (isomers and mixture) 1.000 95-47-6 o-Xylenes 1.000 108-38-3 m-Xylenes 1.000 106-42-3 p-Xylenes 1.000 Notes: f m 305 a. CAS numbers refer to the Chemical Abstracts Services registry number assigned to specific compounds, isomers, or mixtures of compounds. b. Denotes a HAP that hydrolyzes quickly in water, but the hydrolysis products are also HAP chemicals. c. Denotes a HAP that may react violently with water, exercise caustic is an expected analyte. d. Denotes a HAP that hydrolyzes slowly in water. e. The f m 305 [64 FR 38981, July 20, 1999] Table 2 to Subpart DD of Part 63—Applicability of Paragraphs in Subpart A of This Part 63—General Provisions to Subpart DD Subpart A reference Applies to Subpart DD Explanation 63.1(a)(1) Yes 63.1(a)(2) Yes 63.1(a)(3) Yes 63.1(a)(4) No Subpart DD (this table) specifies applicability of each paragraph in subpart A to subpart DD. 63.1(a)(5)-63.1(a)(9) No 63.1(a)(10) Yes 63.1(a)(11) Yes 63.1(a)(12) Yes 63.1(b)(1) No Subpart DD specifies its own applicability. 63.1(b)(2) No Reserved. 63.1(b)(3) No 63.1(c)(1) No Subpart DD explicitly specifies requirements that apply. 63.1(c)(2) No Area sources are not subject to subpart DD. 63.1(c)(3) No Reserved. 63.1(c)(4) No Reserved. 63.1(c)(5) Yes Except that sources are not required to submit notifications overridden by this table. 63.1(c)(6) Yes 63.1(d) No 63.1(e) No 63.2 Yes § 63.681 of subpart DD specifies that if the same term is defined in subparts A and DD, it shall have the meaning given in subpart DD. 63.3 Yes 63.4(a)(1)-63.4(a)(2) Yes 63.4(a)(3) No Reserved. 63.4(a)(4) No Reserved. 63.4(a)(5) No Reserved. 63.4(b) Yes 63.4(c) Yes 63.5(a)(1) Yes 63.5(a)(2) Yes 63.5(b)(1) Yes 63.5(b)(2) No Reserved. 63.5(b)(3) Yes 63.5(b)(4) Yes Except the cross-reference to § 63.9(b) is changed to § 63.9(b)(4) and (5). Subpart DD overrides § 63.9(b)(2) and (b)(3). 63.5(b)(5) No Reserved. 63.5(b)(6) Yes 63.5(c) No Reserved. 63.5(d)(1)(i) Yes 63.5(d)(1)(ii) Yes 63.5(d)(1)(iii) Yes 63.5(d)(2) No 63.5(d)(3) Yes 63.5(d)(4) Yes 63.5(e) Yes 63.5(f)(1) Yes 63.5(f)(2) Yes 63.6(a) Yes 63.6(b)(1) No Subpart DD specifies compliance dates for sources subject to subpart DD. 63.6(b)(2) No 63.6(b)(3) No 63.6(b)(4) No 63.6(b)(5) No § 63.697 of subpart DD includes notification requirements. 63.6(b)(6) No 63.6(b)(7) No 63.6(c)(1) No § 63.680 of subpart DD specifies the compliance date. 63.6(c)(2)-63.6(c)(4) No 63.6(c)(5) Yes 63.6(d) No 63.6(e)(1)(i) No See § 63.683(e) for general duty requirement. 63.6(e)(1)(ii) No 63.6(e)(1)(iii) Yes 63.6(e)(2) No Reserved. 63.6(e)(3) No 63.6(f)(1) No 63.6(f)(2)(i) Yes 63.6(f)(2)(ii) Yes Subpart DD specifies the use of monitoring data in determining compliance with subpart DD. 63.6(f)(2)(iii) (A), (B), and (C) Yes 63.6(f)(2)(iii) (D) No 63.6(f)(2)(iv) Yes 63.6(f)(2)(v) Yes 63.6(f)(3) Yes 63.6(g) Yes 63.6(h) No Subpart DD does not require opacity and visible emission standards. 63.6(i) Yes Except for § 63.6(i)(15), which is reserved. 63.6(j) Yes 63.7(a)(1) No Subpart DD specifies required testing and compliance demonstration procedures. 63.7(a)(2) Yes 63.7(a)(3) Yes 63.7(a)(4) Yes 63.7(b) Yes 63.7(c) Yes 63.7(d) Yes 63.7(e)(1) No See § 63.694(l). 63.7(e)(2) Yes 63.7(e)(3) No Subpart DD specifies test methods and procedures. 63.7(e)(4) Yes 63.7(f) Yes 63.7(g) Yes 63.7(h)(1) Yes 63.7(h)(2) Yes 63.7(h)(3) Yes 63.7(h)(4) No 63.7(h)(5) Yes 63.8(a) No 63.8(b)(1) Yes 63.8(b)(2) No Subpart DD specifies locations to conduct monitoring. 63.8(b)(3) Yes 63.8(c)(1)(i) Yes 63.8(c)(1)(ii) Yes 63.8(c)(1)(iii) No 63.8(c)(2) Yes 63.8(c)(3) Yes 63.8(c)(4) No Subpart DD specifies monitoring frequency 63.8(c)(5)-63.8(c)(8) No 63.8(d) No 63.8(e) No 63.8(f)(1) Yes 63.8(f)(2) Yes 63.8(f)(3) Yes 63.8(f)(4)(i) Yes 63.8(f)(4)(ii) Yes 63.8(f)(4)(iii) No 63.8(f)(5)(i) Yes 63.8(f)(5)(ii) No 63.8(f)(5)(iii) Yes 63.8(f)(6) Yes 63.8(g) Yes 63.9(a) Yes 63.9(b)(1)(i) Yes 63.9(b)(1)(ii) No 63.9(b)(2) Yes 63.9(b)(3) No 63.9(b)(4) Yes 63.9(b)(5) Yes 63.9(c) Yes 63.9(d) Yes 63.9(e) Yes 63.9(f) No 63.9(g) Yes 63.9(h) Yes 63.9(i) Yes 63.9(j) Yes For change in major source status only. 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i) No 63.10(b)(2)(ii) No See § 63.696(h) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. 63.10(b)(2)(iii) Yes 63.10(b)(2)(iv) No 63.10(b)(2)(v) No 63.10(b)(2)(vi)-(ix) Yes 63.10(b)(2)(x)-(xi) Yes 63.10(b)(2) (xii)-(xiv) No 63.10(b)(3) Yes 63.10(c)(1)-(6) No 63.10(c)(7)-(8) Yes 63.10(c)(9)-(15) No 63.10(d)(1) No 63.10(d)(2) Yes 63.10(d)(3) No 63.10(d)(4) Yes 63.10(d)(5) No See § 63.697(b)(3) for reporting of malfunctions. 63.10(e)(1)-63.10(e)(2) No 63.10(e)(3) Yes 63.10(e)(4) No 63.10(f) Yes 63.11-63.15 Yes 63.16 No a [64 FR 38983, July 20, 1999, as amended at 66 FR 1267, Jan. 8, 2001; 80 FR 14280, Mar. 18, 2015; 85 FR 73893, Nov. 19, 2020] Table 3 to Subpart DD of Part 63—Tank Control Levels for Tanks at Existing Affected Sources as Required by 40 CFR 63.685( b Tank design capacity (cubic meters) Maximum HAP vapor pressure of off-site Tank control level Design capacity less than 75 m 3 Maximum HAP vapor pressure less than 76.6 kPa Level 1. Design capacity less than 75 m 3 Maximum HAP vapor pressure equal to or greater than 76.6 kPa Level 2, except that fixed roof tanks equipped with an internal floating roof and tanks equipped with an external floating roof as provided for in § 63.685(d)(1) and (2) shall not be used. Design capacity equal to or greater than 75 m 3 3 Maximum HAP vapor pressure less than 27.6 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 27.6 kPa Level 2. Design capacity equal to or greater than 151 m 3 Maximum HAP vapor pressure less than 5.2 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 5.2 kPa Level 2. [80 FR 14282, Mar. 18, 2015] Table 4 to Subpart DD of Part 63—Tank Control Levels for Tanks at Existing Affected Sources as Required by 40 CFR 63.685(b)(1)(ii) Tank design capacity (cubic meters) Maximum HAP vapor pressure of off-site Tank control level Design capacity less than 75 m 3 Maximum HAP vapor pressure less than 76.6 kPa Level 1. Design capacity less than 75 m 3 Maximum HAP vapor pressure equal to or greater than 76.6 kPa Level 2, except that fixed roof tanks equipped with an internal floating roof and tanks equipped with an external floating roof as provided for in § 63.685(d)(1) and (2) shall not be used. Design capacity equal to or greater than 75 m 3 3 Maximum HAP vapor pressure less than 13.1 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 13.1 kPa Level 2. Design capacity equal to or greater than 151 m 3 Maximum HAP vapor pressure less than 5.2 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 5.2 kPa Level 2. [80 FR 14283, Mar. 18, 2015] Table 5 to Subpart DD of Part 63—Tank Control Levels for Tanks at New Affected Sources as Required by 40 CFR 63.685(b)(2) Tank design capacity (cubic meters) Maximum HAP vapor pressure of off-site Tank control level Design capacity less than 38 m 3 Maximum HAP vapor pressure less than 76.6 kPa Level 1. Design capacity less than 38 m 3 Maximum HAP vapor pressure equal to or greater than 76.6 kPa Level 2, except that fixed roof tanks equipped with an internal floating roof and tanks equipped with an external floating roof as provided for in § 63.685(d)(1) and (2) shall not be used. Design capacity equal to or greater than 38 m 3 3 Maximum HAP vapor pressure less than 13.1 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 13.1 kPa Level 2. Design capacity equal to or greater than 151 m 3 Maximum HAP vapor pressure less than 0.7 kPa Level 1. Maximum HAP vapor pressure equal to or greater than 0.7 kPa Level 2. [80 FR 14283, Mar. 18, 2015] Subpart EE—National Emission Standards for Magnetic Tape Manufacturing Operations Source: 59 FR 64596, Dec. 15, 1994, unless otherwise noted. § 63.701 Applicability. (a) Except as specified in paragraph (b) of this section, the provisions of this subpart apply to: (1) Each new and existing magnetic tape manufacturing operation located at a major source of hazardous air pollutant (HAP) emissions; and (2) A magnetic tape manufacturing operation for which the owner or operator chooses to use the provisions of § 63.703(b) and (h) to obtain a Federally enforceable limit on its potential to emit HAP. Explanatory Note: A reason the owner or operator would make the choice described in paragraph (a)(2) of this section is if the plant site, without this limit, would be a major source. The owner or operator could use this limit, which would establish the potential to emit from magnetic tape manufacturing operations, in conjunction with the potential to emit from the other HAP emission points at the stationary source, to be an area source. Note, however, that an owner or operator is not required to use the provisions in § 63.703(b) and (h) to determine the potential to emit HAP from magnetic tape manufacturing operations. (b) This subpart does not apply to the following: (1) Research or laboratory facilities; and (2) Any coating operation that produces a quantity of magnetic tape that is 1 percent or less of total production (in terms of total square footage coated) from that coating operation in any 12-month period. (c) The affected source subject to this standard is the magnetic tape manufacturing operation, as defined in § 63.702. (d) An owner or operator of an existing affected source subject to the provisions of this subpart shall comply according to the following schedule: (1) Within 3 years after the effective date of the standard, if the owner or operator is required to install a new add-on air pollution control device to meet the requirements of § 63.703(c) or (g); or (2) Within 2 years after the effective date of the standard, if a new add-on air pollution control device is not needed to comply with § 63.703(c) or (g) of these standards. (e) The compliance date for an owner or operator of a new affected source subject to the provisions of this subpart is immediately upon startup of the affected source. (f) The provisions of this subpart apply during periods of startup and shutdown, and whenever magnetic tape manufacturing operations are taking place. (g) Owners or operators of affected sources subject to the provisions of this subpart shall also comply with the requirements of subpart A as identified in Table 1, according to the applicability of subpart A to such sources. (h) In any title V permit for an affected source, all research or laboratory facilities that are exempt from the requirements of this subpart shall be clearly identified. § 63.702 Definitions. (a) All terms used in this subpart that are not defined below have the meaning given to them in the Clean Air Act and in subpart A of this part. Add-on air pollution control device Bag slitter Base substrate Capture efficiency Capture device Carbon adsorber vessel Car seal Closed system for flushing fixed lines Coater or coating applicator Coating application Coating operation Control device efficiency Day Drying oven Enclosed transfer method Equivalent diameter Facility Flashoff area Flushing of fixed lines Freeboard ratio Magnetic coatings Magnetic particles Magnetic tape Magnetic tape manufacturing operation (1) Solvent storage tanks; (2) Mix preparation equipment; (3) Coating operations; (4) Waste handling devices; (5) Particulate transfer operations; (6) Wash sinks for cleaning removable parts; (7) Cleaning involving the flushing of fixed lines; (8) Wastewater treatment systems; and (9) Condenser vents associated with distillation and stripping columns in the solvent recovery area, but not including the vent on a condenser that is used as the add-on air pollution control device. Mill Mix preparation equipment Natural draft opening Nonregenerative carbon adsorber Operating parameter value Overall HAP control efficiency Particulate Particulate HAP transfer Removable parts cleaning Research or laboratory facility Separator Solvent storage tanks Solvent recovery area Solvent recovery device Supersack Temporary total enclosure Total enclosure Utilize Vacuum injection system Volatile organic compound (VOC) Volatile organic hazardous air pollutant (VOHAP) concentration Waste handling Waste handling device Wastewater discharge Wastewater treatment system (b) The nomenclature used in this subpart is defined when presented or has the meaning given below: (1) A k (2) C aj (3) C bi (4) C di (5) C fk (6) C gv gv (7) C hv (8) E = the control device efficiency achieved for the duration of the emission test (expressed as a fraction). (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC capture system achieved for the duration of the emission test (expressed as a fraction). (10) FV = the average inward face velocity across all natural draft openings in a total enclosure, in meters per hour. (11) G = the calculated mass of HAP per volume of coating solids (in kilograms per liter) contained in a batch of coating. (12) H v (13) H sys (14) L si (15) M ci (16) M r (17) Q aj (18) Q bi (19) Q di (20) Q fk (21) Q gv gv hv (22) Q hv (23) Q in (24) Q out (25) R = the overall HAP or VOC emission reduction achieved for the duration of the emission test (expressed as a percentage). (26) RS i (27) V ci (28) W oi § 63.703 Standards. (a) Each owner or operator of any affected source that is subject to the requirements of this subpart shall comply with the requirements of this subpart on and after the compliance dates specified in § 63.701. (b)(1) The owner or operator subject to § 63.701(a)(2) shall determine limits on the amount of HAP utilized (see definition) in the magnetic tape manufacturing operation as the values for the potential to emit HAP from the magnetic tape manufacturing operation. (2) The limits on the amount of HAP utilized in the magnetic tape manufacturing operations shall be determined in the following manner. (i) The potential to emit each HAP from each emission point at the stationary source, other than those from magnetic tape manufacturing operations, shall be calculated and converted to the units of Mg/yr (or tons/yr). (ii) The limits on the HAP utilized in the magnetic tape manufacturing operation shall be determined as the values that, when summed with the values in paragraph (b)(2)(i) of this section, are less than 9.1 Mg/yr (10 tons/yr) for each individual HAP and 22.7 Mg/yr (25 tons/yr) for the combination of HAP. (3) The limits on the HAP utilized determined in paragraph (b)(2) of this section shall be in terms of Mg/yr (or tons/yr), calculated monthly on a rolling 12-month average. The owner or operator shall not exceed these limits. (4) An owner or operator subject to paragraph (b) of this section shall meet the requirements in paragraph (h) of this section. (5) A magnetic tape manufacturing operation that is subject to paragraph (b) of this section and is located at an area source is not subject to paragraphs (c) through (g) of this section. (c) Except as provided by § 63.703(b), each owner or operator of an affected source subject to this subpart shall limit gaseous HAP emitted from each solvent storage tank, piece of mix preparation equipment, coating operation, waste handling device, and condenser vent in solvent recovery as specified in paragraphs (c)(1) through (c)(5) of this section: (1) Except as otherwise allowed in paragraphs (c)(2), (3), (4), and (5) of this section, each owner or operator shall limit gaseous HAP emitted from each solvent storage tank, piece of mix preparation equipment, coating operation, waste handling device, and condenser vent in solvent recovery by an overall HAP control efficiency of at least 95 percent. (2) An owner or operator that uses an incinerator to control emission points listed in paragraph (c)(1) of this section may choose to meet the overall HAP control efficiency requirement of paragraph (c)(1) of this section, or may operate the incinerator such that an outlet HAP concentration of no greater than 20 parts per million by volume (ppmv) by compound on a dry basis is achieved, as long as the efficiency of the capture system is 100 percent. (3) An owner or operator may choose to meet the requirements of paragraph (c)(1) or (2) of this section by venting the room, building, or enclosure in which the HAP emission point is located to an add-on air pollution control device, as long as the required overall HAP control efficiency of this method is sufficient to meet the requirements of paragraph (c)(1) or (2) of this section. (4) In lieu of controlling HAP emissions from each solvent storage tank and piece of mix preparation equipment to the level required by paragraph (c)(1) of this section, an owner or operator of an affected source may elect to comply with one of the options set forth in paragraph (c)(4)(i), (ii) or (iii) of this section. (i) Control HAP emissions from all coating operations by an overall HAP control efficiency of at least 97 percent in lieu of either: (A) Controlling up to 10 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (B) Controlling 1 piece of mix preparation equipment that does not exceed 1,200 gallons in capacity and up to 8 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (C) Controlling up to 2 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 6 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (D) Controlling up to 3 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 4 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (E) Controlling up to 4 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 2 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (F) Controlling up to 5 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity. (ii) Control HAP emissions from all coating operations by an overall HAP control efficiency of at least 98 percent in lieu of either: (A) Controlling up to 15 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (B) Controlling 1 piece of mix preparation equipment that does not exceed 1,200 gallons in capacity and up to 13 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (C) Controlling up to 2 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 11 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (D) Controlling up to 3 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 9 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (E) Controlling up to 4 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 7 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (F) Controlling up to 5 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 5 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (G) Controlling up to 6 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 3 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (H) Controlling up to 7 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 1 HAP solvent storage tank that does not exceed 20,000 gallons in capacity. (iii) Control HAP emissions from all coating operations by an overall HAP control efficiency of at least 99 percent in lieu of either: (A) Controlling up to 20 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (B) Controlling 1 piece of mix preparation equipment that does not exceed 1,200 gallons in capacity and up to 18 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (C) Controlling up to 2 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 16 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (D) Controlling up to 3 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 14 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (E) Controlling up to 4 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 12 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (F) Controlling up to 5 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 10 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (G) Controlling up to 6 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 8 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (H) Controlling up to 7 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 6 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (I) Controlling up to 8 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 4 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (J) Controlling up to 9 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity and up to 2 HAP solvent storage tanks that do not exceed 20,000 gallons each in capacity; or (K) Controlling up to 10 pieces of mix preparation equipment that do not exceed 1,200 gallons each in capacity. (iv) Owners or operators choosing to meet the requirements of paragraphs (c)(4)(i), (ii), or (iii) of this section are also subject to the reporting requirement of § 63.707(k). (5) In lieu of controlling HAP emissions from a coating operation to the level required by paragraph (c)(1) of this section, owners or operators may use magnetic coatings that contain no greater than 0.18 kilograms of HAP per liter of coating solids for that coating operation. For the requirements of this paragraph, §§ 63.6(e)(3), 63.6(f) (1) and (2), 63.8(b) (2) and (3), 63.8(c), 63.8(d), 63.8(e), 63.8(g), 63.9 (e) and (g), 63.10(c), 63.10(d) (2), (3), and (5), 63.10(e) (1) and (2), and 63.11 of subpart A do not apply. (d) Particulate transfer operations. (1) Use an enclosed transfer method to perform particulate HAP transfer; or (2) Direct emissions from particulate HAP transfer through a hood or enclosure to a baghouse or fabric filter that exhibits no visible emissions while controlling HAP emissions from particulate HAP transfer. (e) Wash sinks for cleaning removable parts. (i) So that the overall HAP control efficiency is no less than 88 percent; or (ii) By maintaining a minimum freeboard ratio of 75 percent in the wash sink at all times when the sink contains HAP. (2) Owners or operators may meet the requirements of paragraph (e)(1)(i) of this section by venting the room, building, or enclosure in which the sink is located, as long as the overall HAP control efficiency of this method is demonstrated to be at least 88 percent using the test methods in § 63.705(e). (3) Wash sinks subject to the control provisions of subpart T of this part are not subject to paragraph (e)(1) or (e)(2) of this section. (f) Equipment for flushing fixed lines. (i) So that the overall HAP control efficiency is at least 95 percent; or (ii) By using a closed system for flushing fixed lines. (2) Owners or operators may meet the requirements of paragraph (f)(1)(i) of this section by venting the room, building, or enclosure in which the fixed lines are located, as long as the overall HAP control efficiency of this method is demonstrated to be at least 95 percent using the test methods in § 63.705(f). (g) Wastewater treatment systems. (i) Treat the wastewater discharge to remove each HAP from magnetic tape manufacturing operations that is present in the wastewater discharge by at least the fraction removed (F R (ii) Treat (other than by dilution) the HAP from magnetic tape manufacturing operations that are present in the wastewater discharge such that the exit concentration is less than 50 ppmw of total VOHAP. (2) The treatment method used to meet the requirements of paragraph (g)(1) of this section shall not transfer emissions from the water to the atmosphere in an uncontrolled manner. (h)(1) Magnetic tape manufacturing operations that are subject to § 63.703(b) and are not at major sources are not subject to §§ 63.6(e), 63.6(f), 63.6(g), 63.6(i)(4), 63.7, 63.8, 63.9 (c) through (h), 63.10(b)(2), 63.10(c), 63.10(d) (2) through (5), 63.10(e), and 63.11 of subpart A. (2) Magnetic tape manufacturing operations subject to § 63.703(b) shall fulfill the recordkeeping requirements of § 63.706(e) and the reporting requirements of § 63.707 (b), (c), and (j). (3) An owner or operator of a magnetic tape manufacturing operation subject to § 63.703(b) who chooses to no longer be subject to § 63.703(b) shall notify the Administrator or delegated State of such change. If by no longer being subject to § 63.703(b), the source at which the magnetic tape manufacturing operation is located would become a major source, the owner or operator shall meet the following requirements, starting from the date of such notification: (i) Comply with paragraphs (c) through (g) of this section, and other provisions of this subpart within the timeframe specified in § 63.6(c)(5); and (ii) Comply with the HAP utilization limits in § 63.703(b) until the requirements of paragraph (h)(3)(i) of this section are met. (i) For any solvent storage tank, piece of mix preparation equipment, waste handling device, condenser vent in solvent recovery, wash sink for cleaning removable parts, and set of equipment for flushing of fixed lines, the owner or operator may, instead of meeting the requirements of paragraphs (c)(1), (e)(1)(i), or (f)(1)(i) of this section, vent the gaseous HAP emissions to an add-on air pollution control device other than an incinerator that, in conjunction with capture equipment or ductwork, is designed to achieve an overall HAP control efficiency of at least 95 percent for the emissions from the coating operation, and achieve an alternate outlet concentration limit when coating operations are not occurring, as determined in § 63.704(b)(11)(ii). (j) The requirements of this subpart do not preclude the use of pressure relief valves and vacuum relief valves for safety purposes. [59 FR 64596, Dec. 15, 1994, as amended at 64 FR 17464, Apr. 9, 1999] § 63.704 Compliance and monitoring requirements. (a) For owners or operators of an affected source that are using add-on air pollution control equipment or a steam stripper to comply with § 63.703, paragraph (b) of this section identifies the operating parameter to be monitored to demonstrate continuous compliance. For all owners or operators subject to § 63.703, except § 63.703(b) and (h), regardless of the type of control technique used, paragraph (c) of this section identifies the procedures that must be followed to demonstrate continuous compliance with § 63.703. (b) Establishing a limit under § 63.703(i) and operating parameter values. (1) Except as allowed by paragraphs (b)(2), (3), (4), (5), or (9) of this section, for each add-on air pollution control device used to control solvent HAP emissions, the owner or operator shall fulfill the requirements of paragraph (b)(1)(i) or (ii) of this section. (i) The owner or operator shall establish as a site-specific operating parameter the outlet total HAP or VOC concentration that demonstrates compliance with § 63.703(c)(1), (c)(2), (c)(4), (e)(1)(i), (f)(1)(i), or (i) as appropriate; or (ii) The owner or operator shall establish as the site-specific operating parameter the control device efficiency that demonstrates compliance with § 63.703(c)(1), (c)(4), (e)(1)(i), and (f)(1)(i). (iii) When a nonregenerative carbon adsorber is used to comply with § 63.703(c)(1), the site-specific operating parameter value may be established as part of the design evaluation used to demonstrate initial compliance (§ 63.705(c)(6)). Otherwise, the site-specific operating parameter value shall be established during the initial performance test conducted according to the procedures of § 63.705(c)(1), (2), (3), or (4). (2) For each condenser used as the add-on air pollution control device to comply with § 63.703(c), (e)(1)(i), (f)(1)(i) or (i), in lieu of meeting the requirements of § 63.704(b)(1), during the initial performance test conducted according to the procedures of § 63.705(c)(1), (2), or (4), the owner or operator may establish as a site-specific operating parameter the maximum temperature of the condenser vapor exhaust stream and shall set the operating parameter value that demonstrates compliance with § 63.703(c), (e)(1)(i), (f)(1)(i) or (i) as appropriate; (3) For each thermal incinerator, in lieu of meeting the requirements of § 63.704(b)(1), during the initial performance test conducted according to the procedures of § 63.705(c)(1), (2), or (4), the owner or operator may establish as a site-specific operating parameter the minimum combustion temperature and set the operating parameter value that demonstrates compliance with § 63.703(c), (e)(1)(i), or (f)(1)(i), as appropriate. (4) For each catalytic incinerator, in lieu of meeting the requirements of § 63.704(b)(1), during the initial performance test conducted according to the procedures of § 63.705(c)(1), (2), or (4), the owner or operator may establish as site-specific operating parameters the minimum gas temperature upstream of the catalyst bed and the minimum gas temperature difference across the catalyst bed, and set the operating parameter values that demonstrate compliance with § 63.703(c), (e)(1)(i), or (f)(1)(i), as appropriate. (5) For each nonregenerative carbon adsorber, in lieu of meeting the requirements of § 63.704(b)(1), the owner or operator may establish as the site-specific operating parameter the carbon replacement time interval, as determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system. The carbon replacement time interval shall be established either as part of the design evaluation to demonstrate initial compliance (§ 63.705(c)(6)), or during the initial performance test conducted according to the procedures of § 63.705(c)(1), (2), (3), or (4). (6) Each owner or operator venting solvent HAP emissions from a source through a room, enclosure, or hood, to a control device to comply with § 63.703(c), (e)(1)(i), (f)(1)(i), or (i) shall: (i) Submit to the Administrator with the compliance status report required by § 63.9(h) of the General Provisions a plan that: (A) Identifies the operating parameter to be monitored to ensure that the capture efficiency measured during the initial compliance test is maintained; (B) Discusses why this parameter is appropriate for demonstrating ongoing compliance; and (C) Identifies the specific monitoring procedures; (ii) Set the operating parameter value, or range of values, that demonstrate compliance with § 63.703(c), (e)(1)(i), (f)(1)(i), or (i), as appropriate; and (iii) Conduct monitoring in accordance with the plan submitted to the Administrator unless comments received from the Administrator require an alternate monitoring scheme. (7) For each baghouse or fabric filter used to control particulate HAP emissions in accordance with § 63.703(d)(2), the owner or operator shall establish as the site-specific operating parameter the minimum ventilation air flow rate through the inlet duct to the baghouse or fabric filter that ensures that particulate HAP are being captured and delivered to the control device. The minimum ventilation air flow rate is to be supported by the engineering calculations that are considered part of the initial performance test, as required by § 63.705(g)(2). (8) Owners or operators subject to § 63.704(b)(1), (2), (3), (4), (5), (6), or (7) shall calculate the site-specific operating parameter value, or range of values, as the arithmetic average of the maximum and/or minimum operating parameter values, as appropriate, that demonstrate compliance with § 63.703(c), (d), (e), (f) or (i) during the multiple test runs required by § 63.705(b)(2) and (b)(1), or during the multiple runs of other tests conducted as allowed by paragraph § 63.704(b)(11). (9) For each solvent recovery device used to comply with § 63.703(c), in lieu of meeting the requirements of paragraph (b)(1) of this section, the results of the material balance calculation conducted in accordance with § 63.705(c)(1) may serve as the site-specific operating parameter that demonstrates compliance with § 63.703(c). (10) Owners or operators complying with the provisions of § 63.703(g) shall establish the site-specific operating parameter according to paragraph (b)(10)(i) or (ii) of this section. (i) Owners or operators using a steam stripper shall establish the steam-to-feed ratio as the site-specific operating parameter, except as allowed in paragraph (b)(10)(ii) of this section, according to the following criteria: (A) The minimum operating parameter value shall correspond to at least the fraction removed specified in § 63.703(g)(1)(i) and be submitted to the permitting authority for approval with the design specifications required by § 63.705(h)(1); or (B) The minimum operating parameter value shall be that value that corresponds to a total VOHAP outlet concentration in the wastewater of less than 50 ppmw as determined through tests conducted in accordance with § 63.705(b)(9) and (h)(2); or (C) The minimum operating parameter value shall be the value that corresponds to at least the fraction removed specified in § 63.705(g)(1)(i), as demonstrated through tests conducted in accordance with § 63.705(b)(9) and (h)(3). (ii) Owners or operators complying with § 63.703(g) through the use of a steam stripper or any other control technique may establish as a site-specific operating parameter the outlet total VOHAP concentration according to the following criteria: (A) The minimum operating parameter value shall correspond to at least the fraction removed specified in § 63.703(g)(1)(i) and be submitted to the permitting authority for approval with the design specifications required by § 63.705(h)(1); or (B) The minimum operating parameter value shall be a total VOHAP outlet concentration in the wastewater of less than 50 ppmw, as required by § 63.703(g)(1)(ii), and as determined through tests conducted in accordance with § 63.705 (b)(9) and (h)(2); or (C) The minimum operating parameter value shall be the value that corresponds to at least the fraction removed specified in § 63.705(g)(1)(i), as demonstrated through tests conducted in accordance with § 63.705 (b)(9) and (h)(3). (11) Compliance provisions for nonrepresentative operating conditions. (ii) To establish an alternate outlet concentration limit as provided in § 63.703(i), the owner or operator, when the coating operation is not occurring, shall conduct a performance test using the methods in § 63.705 for determining initial compliance with § 63.703 (c)(1), (e)(1)(i) or (f)(1)(i), or shall collect data from continuous emission monitors used to determine continuous compliance as specified in § 63.704 (b) and (c). During the period in which this limit is being established, the control device shall be operated in accordance with good air pollution control practices and in the same manner as it was operated to achieve the emission limitation for coating operations. Owners or operators choosing to establish such an alternative shall also comply with paragraphs (b)(11)(ii) (A) and (B) of this section. (A) The owner or operator shall submit the alternate outlet HAP concentration limit within 180 days after the compliance demonstration required by § 63.7 of subpart A, to the Administrator, as required by § 63.707(k)(1). (B) The Administrator will approve or disapprove the limit proposed in accordance with paragraph (b)(11)(ii)(A) of this section within 60 days of receipt of the report required by § 63.707(k)(1), and any other supplemental information requested by the Administrator to support the alternate limit. (c) Continuous compliance monitoring. (1)(i) Each owner or operator of an affected source subject to § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) of this subpart shall monitor the applicable parameters specified in paragraphs (c)(3), (4), (5), (6), (7), or (9) of this section depending on the type of control technique used, and shall monitor the parameters specified in paragraph (c)(10) of this section. (ii) Each owner or operator of an affected source subject to § 63.703(c)(5) of this subpart shall demonstrate continuous compliance as required by paragraph (c)(8) of this section. (iii) Each owner or operator of an affected source subject to § 63.703(d)(2) of this subpart shall demonstrate continuous compliance as required by paragraph (e) of this section. (iv) Each owner or operator of an affected source subject to § 63.703(g) of this subpart shall demonstrate continuous compliance as required by paragraph (d) of this section. (2) Compliance monitoring shall be subject to the following provisions. (i) Except as allowed by paragraph (c)(3)(i)(C) of this section, all continuous emission monitors shall comply with performance specification (PS) 8 or 9 in 40 CFR part 60, appendix B, as appropriate depending on whether volatile organic compound (VOC) or HAP concentration is being measured. The requirements in appendix F of 40 CFR part 60 shall also be followed. In conducting the quarterly audits required by appendix F, owners or operators must challenge the monitors with compounds representative of the gaseous emission stream being controlled. (ii) All temperature monitoring equipment shall be installed, calibrated, maintained, and operated according to the manufacturer's specifications. The thermocouple calibration shall be verified or replaced every 3 months. The replacement shall be done either if the owner or operator chooses not to calibrate the thermocouple, or if the thermocouple cannot be properly calibrated. (iii) If the effluent from multiple emission points are combined prior to being channeled to a common control device, the owner or operator is required only to monitor the common control device, not each emission point. (3) Owners or operators complying with § 63.703(c), (e)(1)(i), (f)(1)(i), or (i) through the use of a control device and establishing a site-specific operating parameter in accordance with § 63.704(b)(1) shall fulfill the requirements of paragraphs (c)(3)(i) of this section and paragraph (c)(3)(ii), (iii), (iv), or (v) of this section, as appropriate. (i) The owner or operator shall install, calibrate, operate, and maintain a continuous emission monitor. (A) The continuous emission monitor shall be used to measure continuously the total HAP or VOC concentration at both the inlet and the outlet whenever HAP from magnetic tape manufacturing operations are vented to the control device, if continuous compliance is demonstrated through a percent efficiency calculation (§ 63.704(b)(1)(ii)); or (B) The continuous emission monitor shall be used to measure continuously the total outlet HAP or VOC concentration whenever HAP from magnetic tape manufacturing operations are vented to the control device, if the provisions of § 63.704(b)(1)(i) are being used to determine continuous compliance. (C) For owners or operators using a nonregenerative carbon adsorber, in lieu of using continuous emission monitors as specified in paragraph (c)(3)(i) (A) or (B) of this section, the owner or operator may use a portable monitoring device to monitor total HAP or VOC concentration at the inlet and outlet, or outlet of the carbon adsorber, as appropriate. ( 1 ( 2 ( 3 (ii) If complying with § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption system with a common exhaust stack for all of the carbon vessels, the owner or operator shall not operate the control device at an average control efficiency less than that required by § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) or at an average outlet concentration exceeding the site-specific operating parameter value or that required by § 63.703(i), for three consecutive adsorption cycles. Operation in this manner shall constitute a violation of § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i). (iii) If complying with § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a carbon adsorption system with individual exhaust stacks for each of the multiple carbon adsorber vessels, the owner or operator shall not operate any carbon adsorber vessel at an average control efficiency less than that required by § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an average outlet concentration exceeding the site-specific operating parameter value or that required by § 63.703(i), as calculated daily using a 3-day rolling average. Operation in this manner shall constitute a violation of § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i). (iv) If complying with § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of any control device other than a carbon adsorber, the owner or operator shall not operate the control device at an average control efficiency less than that required by § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i), or at an average outlet concentration exceeding the site-specific operating parameter value or that required by § 63.703(c)(2) or (i), as calculated for any 3-hour period. Operation in this manner shall constitute a violation of § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i). (v) If complying with § 63.703(c)(1) through the use of a nonregenerative carbon adsorber, in lieu of the requirements of paragraphs (c)(3) (ii) or (iii) of this section, the owner or operator may: (A) monitor the VOC or HAP concentration of the adsorber exhaust daily or at intervals no greater than 20 percent of the design carbon replacement interval, whichever is greater; operation of the control device at a HAP or VOC concentration greater than that determined in accordance with § 63.704(b)(1)(iii) shall constitute a violation of § 63.703 (c)(1), (e)(1)(i), or (f)(1)(i); or (B) replace the carbon in the carbon adsorber system with fresh carbon at a regular predetermined time interval as determined in accordance with § 63.704(b)(5); failure to replace the carbon at this predetermined time interval shall constitute a violation of § 63.703 (c)(1), (e)(1)(i), or (f)(1)(i). (4) Owners or operators complying with § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) through the use of a condenser as the add-on air pollution control device, and demonstrating compliance in accordance with § 63.704(b)(2), shall install, calibrate, operate, and maintain a thermocouple to measure continuously the temperature of the condenser vapor exhaust stream whenever HAP from magnetic tape manufacturing operations are vented to the control device. Operation of the control device at an average vapor exhaust temperature greater than the site-specific operating parameter value or values established in accordance with § 63.704(b)(2) for any 3-hour period shall constitute a violation of § 63.703 (c)(1), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i) or (i). (5) Owners or operators complying with § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a thermal incinerator and demonstrating compliance in accordance with § 63.704(b)(3) shall install, calibrate, operate, and maintain a thermocouple to measure continuously the combustion temperature whenever HAP from magnetic tape manufacturing operations are vented to the control device. Operation of the control device at an average combustion temperature less than the operating parameter value or values established in accordance with § 63.704(b)(3) for any 3-hour period shall constitute a violation of § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i). (6) Owners or operators complying with § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i) through the use of a catalytic incinerator and demonstrating compliance in accordance with § 63.704(b)(4) shall install, calibrate, operate, and maintain a thermocouple to measure continuously the gas temperature both upstream and downstream of the catalyst bed whenever HAP from magnetic tape manufacturing operations are vented to the control device. Operation of the control device at an average upstream gas temperature, or at an average gas temperature difference across the catalyst bed, less than the operating parameter values established in accordance with § 63.704(b)(4) for any 3-hour period shall constitute a violation of § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), or (f)(1)(i). (7) Owners or operators complying with § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) by capturing emissions through a room, enclosure, or hood shall install, calibrate, operate, and maintain the instrumentation necessary to measure continuously the site-specific operating parameter established in accordance with § 63.704(b)(6) whenever HAP from magnetic tape manufacturing operations are vented through the capture device. Operation of the capture device at an average value greater than or less than (as appropriate) the operating parameter value established in accordance with § 63.704(b)(6) for any 3-hour period shall constitute a violation of § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i). (8) The owner or operator of an affected source complying with § 63.703(c)(5) shall demonstrate continuous compliance by using a coating that has a HAP content of no greater than 0.18 kilograms of HAP per liter of coating solids, as measured in accordance with § 63.705(c)(5), and by maintaining and reporting the records required by §§ 63.706(f) and 63.707(e) and (i)(2). (9) For owners or operators complying with § 63.703 (c)(1), (c)(3), or (c)(4) through the use of a solvent recovery device and demonstrating initial compliance in accordance with the provisions of § 63.705(c)(1), continuous compliance shall be demonstrated using procedures in § 63.705(c)(1) and through the recordkeeping and reporting requirements of §§ 63.706(d), 63.707(d), and 63.707(i)(5). The provisions of § 63.8(b) (2) and (3), (c), (d), (e), (f), and (g) (1), and (2) of subpart A do not apply. (10) The owner or operator of an affected emission point using a vent system that contains bypass lines (not including equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes) that could potentially divert a vent stream away from the control device used to comply with § 63.703 (c)(1), (c)(2), (c)(3), (c)(4), (e)(1)(i), (f)(1)(i), or (i) shall: (i) Install, calibrate, maintain, and operate a flow indicator that provides a record of vent stream flow at least once every 15 minutes; records shall be generated as specified in § 63.706(c)(1); and the flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (ii) Secure any bypass line valve in the closed position with a car-seal or a lock-and-key type configuration; a visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line; or (iii) Ensure that any bypass line valve is in the closed position through continuous monitoring of valve position; the monitoring system shall be inspected at least once every month to ensure that it is functioning properly; or (iv) Use an automatic shutdown system in which any HAP-emitting operations are ceased when flow from these operations is diverted away from the control device to any bypass line; the automatic system shall be inspected at least once every month to ensure that it is functioning properly. (d) Owners or operators complying with § 63.703(g) shall demonstrate continuous compliance in accordance with paragraph (d)(1) or (d)(2) of this section. (1) An owner or operator that established the steam-to-feed ratio as the site-specific operating parameter in accordance with § 63.704(b)(10)(i) shall continuously measure the steam-to-feed ratio whenever HAP-containing wastewater from magnetic tape manufacturing operations is being fed to the steam stripper. Operation of the steam stripper at a steam-to-feed ratio less than the operating parameter value or values established in accordance with § 63.704(b)(10)(i) for any 3-hour period shall constitute a violation of § 63.703(g). (2) An owner or operator that established the total outlet VOHAP concentration of the wastewater discharge as the site-specific operating parameter in accordance with § 63.704(b)(10)(ii) shall measure the total VOHAP concentration of the wastewater discharge once per month. Operation of the control device at an outlet VOHAP concentration greater than the operating parameter value or values established in accordance with § 63.704(b)(10)(ii) for any month shall constitute a violation of § 63.703(g). (e) Owners or operators complying with § 63.703(d)(2) of this subpart through the use of a baghouse or fabric filter shall perform visible emission testing each day that particulate HAP transfer occurs, using the procedures in § 63.705(b)(10). Owners or operators shall also install, calibrate, and operate the instrumentation necessary to continuously monitor the ventilation air flow rate in the inlet duct to the baghouse or fabric filter whenever particulate HAP transfer occurs. The occurrence of visible emissions shall constitute a violation of § 63.703(d)(2), and the operation of the baghouse or fabric filter at a flow rate less than the value or values established in accordance with § 63.704(b)(7) for any 3-hour period shall constitute a violation of § 63.703(d)(2). (f) An owner or operator who uses an air pollution control device not listed in § 63.704 to comply with § 63.703(c), (e)(1)(i), (f)(1)(i), or (i), or a device other than a steam stripper to comply with § 63.703(g) shall submit to the Administrator a description of the device, test data verifying the performance of the device, and appropriate site-specific operating parameters that will be monitored to demonstrate continuous compliance with the standard. The monitoring plan submitted by an owner or operator in accordance with this paragraph is subject to approval by the Administrator. § 63.705 Performance test methods and procedures to determine initial compliance. (a) Except as specified in § 63.705(a) (1) through (3), to determine initial compliance with the emission limits under § 63.703 (c), (d)(2), (e)(1), (f)(1), and (g), the owner or operator shall conduct an initial performance demonstration as required under § 63.7 using the procedures and test methods listed in § 63.7 and § 63.705. If multiple emission points are vented to one common control device to meet the requirements of § 63.703 (c), (d)(2), (e)(1), and (f)(1), only one performance test is required to demonstrate initial compliance for that group of emission points. This section also contains initial compliance demonstration procedures (other than testing) for owners or operators subject to § 63.703 (c), (d)(1), (e)(1)(ii), (f)(1)(ii), and (g). (1) A control device (not enclosure) used to comply with § 63.703 (c), (e), or (f) does not need to be tested if each of the following criteria are met: (i) It is used to control gaseous HAP emissions from an existing affected source; (ii) It is operating prior to March 11, 1994; (iii) It is equipped with continuous emission monitors for determining inlet and outlet total HAP or VOC concentration, such that a percent efficiency can be calculated; and (iv) The continuous emission monitors are used to demonstrate continuous compliance in accordance with § 63.704(c)(3)(i). (2) The owner or operator is not required to conduct an initial performance test if the requirements of § 63.7(e)(2)(iv) or § 63.7(h) are met. (3) An owner or operator is not required to conduct an initial performance test for a capture device when: (i) The room, enclosure, or vent was previously tested to demonstrate compliance with subpart SSS of part 60; and (ii) Sufficient data were gathered during the test to establish operating parameter values in accordance with § 63.704(b)(6) (i), (ii), and (iii). (b) When an initial compliance demonstration is required by this subpart, the procedures in paragraphs (b)(1) through (b)(10) of this section shall be used in determining initial compliance with the provisions of this subpart. (1) EPA Method 24 of appendix A of part 60 is used to determine the VOC content in coatings. If it is demonstrated to the satisfaction of the Administrator that plant coating formulation data are equivalent to EPA Method 24 results, formulation data may be used. In the event of any inconsistency between an EPA Method 24 test and an affected source's formulation data, the EPA Method 24 test will govern. For EPA Method 24, the coating sample must be a 1-liter sample taken into a 1-liter container at a location and time such that the sample will be representative of the coating applied to the base substrate (i.e., the sample shall include any dilution solvent or other VOC added during the manufacturing process). The container must be tightly sealed immediately after the sample is taken. Any solvent or other VOC added after the sample is taken must be measured and accounted for in the calculations that use EPA Method 24 results. (2) Formulation data is used to determine the HAP content of coatings. (3) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, as appropriate to the conditions at the site, shall be used to determine HAP or VOC concentration of air exhaust streams as required by § 63.705(c). The owner or operator shall submit notice of the intended test method to the Administrator for approval along with the notification of the performance test required under § 63.7(b). Method selection shall be based on consideration of the diversity of organic species present and their total concentration and on consideration of the potential presence of interfering gases. Except as indicated in paragraphs (b)(3) (i) and (ii) of this section, the test shall consist of three separate runs, each lasting a minimum of 30 minutes. (i) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual carbon adsorber vessels pursuant to § 63.705(c) (2) or (4), the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all of the individual carbon adsorber vessels. (ii) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel pursuant to § 63.705(c) (3) or (4), each carbon adsorber vessel shall be tested individually. The test for each carbon adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (4) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (5) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (6) EPA Method 3 of appendix A of part 60 is used for gas analysis. (7) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (8) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (9) Wastewater analysis shall be conducted in accordance with paragraph (b)(9)(i) or (b)(9)(ii) of this section. (i) Use Method 305 of 40 CFR part 63, appendix A and the equations in paragraphs (b)(9)(i) (A) and (B) of this section to determine the total VOHAP concentration of a wastewater stream. (A) The following equation shall be used to calculate the VOHAP concentration of an individually speciated HAP. where: C i C c M s MW = Molecular weight of the organic HAP (i), grams per gram-mole. 24.055 = Ideal gas molar volume at 293° Kelvin and 760 millimeters of mercury, liters per gram-mole. P i 760 = Reference or standard pressure, millimeters mercury absolute. 293 = Reference or standard temperature, °Kelvin. T i t = Actual purge time, from Method 305 of appendix A of this part, minutes. L = Actual purge rate, from Method 305 of appendix A of this part, liters per minute. 10 3 (B) Total VOHAP concentration (stream) can be determined by summing the VOHAP concentrations of all individually speciated organic HAP in the wastewater. where: C stream n = Number of individual organic HAP (i) in the wastewater stream. C i (ii) Use a test method or results from a test method that measures organic HAP concentrations in the wastewater, and that has been validated according to section 5.1 or 5.3 of Method 301 of appendix A of this part. The specific requirement of Method 305 of appendix A of this part to collect the sample into polyethylene glycol would not be applicable. (A) If measuring the total VOHAP concentration of the exit stream in accordance with §§ 63.703(g)(1)(ii) and 63.705(h)(2), the concentrations of the individual organic HAP measured in the water shall be corrected to their concentrations had they been measured by Method 305 of appendix A of this part. This is done by multiplying each concentration by the compound-specific fraction measured factor (F M (B) If measuring the total HAP concentration of an inlet and outlet wastewater stream to demonstrate compliance with § 63.703(g)(1)(i) and following the procedures of § 63.705(h)(3), the concentrations of the individual organic HAP measured in the water do not need to be corrected. (10) EPA Method 22 of appendix A of part 60 is used to determine visible emissions. Visible emissions testing shall be conducted for a minimum of 6 minutes during a time when particulate HAP transfer, as defined in this subpart, is occurring. (c) Initial compliance demonstrations. (1) To demonstrate initial and continuous compliance with § 63.703(c)(1), (c)(3), or (c)(4) when emissions from only the affected coating operations are controlled by a dedicated solvent recovery device, each owner or operator of the affected coating operation may perform a liquid-liquid HAP or VOC material balance over rolling 7-day periods in lieu of demonstrating compliance through the methods in paragraphs (c)(2), (c)(3), or (c)(4) of this section. Results of the material balances calculation performed to demonstrate initial compliance shall be submitted to the Administrator with the notification of compliance status required by § 63.9(h) and § 63.707(d). When demonstrating compliance by this procedure, § 63.7(e)(3) of subpart A does not apply. The amount of liquid HAP or VOC applied and recovered shall be determined as discussed in paragraph (c)(1)(iii) of this section. The overall HAP or VOC emission reduction (R) is calculated using equation 1: (i) The value of RS i i (A) Measurement techniques; and (B) Documentation that the measured value of RS i (ii) The measurement techniques of paragraph (c)(1)(i)(A) of this section shall be submitted to the Administrator for approval with the notification of performance test required under § 63.7(b). (iii) Each owner or operator demonstrating compliance by the test method described in paragraph (c)(1) of this section shall: (A) Measure the amount of coating applied at the coater; (B) Determine the VOC or HAP content of all coating applied using the test method specified in § 63.705(b) (1) or (2); (C) Install, calibrate, maintain, and operate, according to the manufacturer's specifications, a device that indicates the amount of HAP or VOC recovered by the solvent recovery device over rolling 7-day periods; the device shall be certified by the manufacturer to be accurate to within ±2.0 percent, and this certification shall be kept on record; (D) Measure the amount of HAP or VOC recovered; and (E) Calculate the overall HAP or VOC emission reduction (R) for rolling 7-day periods using Equation 1. (iv) Compliance is demonstrated if the value of R is equal to or greater than the overall HAP control efficiency required by § 63.703 (c)(1), (c)(3), or (c)(4). (2) To demonstrate initial compliance with § 63.703 (c)(1), (c)(2), (c)(3), or (c)(4) when affected HAP emission points are controlled by an emission control device other than a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel, each owner or operator of an affected source shall perform a gaseous emission test using the following procedures. (i) Construct the overall HAP emission reduction system so that all volumetric flow rates and total HAP or VOC emissions can be accurately determined by the applicable test methods and procedures specified in § 63.705(b) (3) through (8). (ii) Determine capture efficiency from the HAP emission points by capturing, venting, and measuring all HAP emissions from the HAP emission points. During a performance test, the owner or operator of affected HAP emission points located in an area with other gaseous emission sources not affected by this subpart shall isolate the affected HAP emission points from all other gaseous emission points by one of the following methods: (A) Build a temporary total enclosure (see § 63.702) around the affected HAP emission point(s); or (B) Shut down all gaseous emission points not affected by this subpart and continue to exhaust fugitive emissions from the affected HAP emission points through any building ventilation system and other room exhausts such as drying ovens. All ventilation air must be vented through stacks suitable for testing. (iii) Operate the emission control device with all affected HAP emission points connected and operating. (iv) Determine the efficiency (E) of the control device using equation 2: (v) Determine the efficiency (F) of the capture system using equation 3: (vi) For each HAP emission point subject to § 63.703, compliance is demonstrated if either of the following conditions are met: (A) The product of (E) × (F) is equal to or greater than the overall HAP control efficiency required by § 63.703(c)(1), (c)(3), or (c)(4); or (B) When the owner or operator is subject to § 63.703(c)(2), the value of F is equal to 1 and the value of C aj (3) To demonstrate compliance with § 63.703(c)(1), (c)(3), or (c)(4) when affected HAP emission points are controlled by a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel, each owner or operator of an affected source shall perform a gaseous emission test using the following procedures: (i) Construct the overall HAP emission reduction system so that each volumetric flow rate and the total HAP emissions can be accurately determined by the applicable test methods and procedures specified in § 63.705(b) (3) through (8); (ii) Assure that all HAP emissions from the affected HAP emission point(s) are segregated from gaseous emission points not affected by this subpart and that the emissions can be captured for measurement, as described in § 63.705(c)(2)(ii) (A) and (B); (iii) Operate the emission control device with all affected HAP emission points connected and operating; (iv) Determine the efficiency (H v (v) Determine the efficiency of the carbon adsorption system (H sys hv (vi) Determine the efficiency (F) of the capture system using equation (3). (vii) For each HAP emission point subject to § 63.703(c), compliance is demonstrated if the product of (H sys (4) An alternative method of demonstrating compliance with § 63.703(c)(1) through (c)(4) is the installation of a total enclosure around the affected HAP emission point(s) and the ventilation of all HAP emissions from the total enclosure to a control device with the efficiency or outlet concentration specified in paragraph (c)(4)(iii) of this section. If this method is selected, the compliance test methods described in paragraphs (c)(1), (c)(2), and (c)(3) of this section are not required. Instead, each owner or operator of an affected source shall: (i) Demonstrate that a total enclosure is installed. An enclosure that meets the requirements in paragraphs (c)(4)(i) (A) through (D) of this section shall be considered a total enclosure. The owner or operator of an enclosure that does not meet these requirements may apply to the Administrator for approval of the enclosure as a total enclosure on a case-by-case basis. The enclosure shall be considered a total enclosure if it is demonstrated to the satisfaction of the Administrator that all HAP emissions from the affected HAP emission point(s) are contained and vented to the control device. The requirements for automatic approval are as follows: (A) Total area of all natural draft openings shall not exceed 5 percent of the total surface area of the total enclosure's walls, floor, and ceiling; (B) All sources of emissions within the enclosure shall be a minimum of four equivalent diameters away from each natural draft opening; (C) Average inward face velocity (FV) across all natural draft openings shall be a minimum of 3,600 meters per hour as determined by the following procedures: ( 1 ( 2 (D) The air passing through all natural draft openings shall flow into the enclosure continuously. If FV is less than or equal to 9,000 meters per hour, the continuous inward flow of air shall be verified by continuous observation using smoke tubes, streamers, tracer gases, or other means approved by the Administrator over the period that the volumetric flow rate tests required to determine FV are carried out. If FV is greater than 9,000 meters per hour, the direction of airflow through the natural draft openings shall be presumed to be inward at all times without verification. (ii) Determine the control device efficiency using equation (2) or equations (4) and (5), as applicable, and the test methods and procedures specified in § 63.705(b) (3) through (8). (iii) Be in compliance if either of the following criteria are met: (A) The installation of a total enclosure is demonstrated and the value of E determined from equation (2) (or the value of H sys (B) When the owner or operator is subject to § 63.703(c)(2), the installation of a total enclosure is demonstrated and the value of C aj (5) To demonstrate initial and continuous compliance with § 63.703(c)(5), each owner or operator of an affected source shall determine the mass of HAP contained in the coating per volume of coating solids applied for each batch of coating applied, according to the procedures of paragraphs (c)(5) (i) through (iii) of this section. If a batch of coating is identical to a previous batch of coating applied, the original calculations can be used to demonstrate the compliance of subsequent identical batches. The calculation of the HAP content of the coating used to demonstrate initial compliance with § 63.703(c)(5) shall be submitted to the Administrator with the notification of compliance status required by § 63.9(h) and § 63.707(e). When demonstrating compliance by this procedure, § 63.7(e)(3) of subpart A does not apply. (i) Determine the weight fraction of HAP in each coating applied using formulation data as specified in § 63.705(b)(2); (ii) Determine the volume of coating solids in each coating applied from the facility records; and (iii) Compute the mass of HAP per volume of coating solids by equation 7: (iv) The owner or operator of an affected source is in compliance with § 63.703(c)(5) if the value of G is less than or equal to 0.18 kilogram of HAP per liter of coating solids applied. (6) When nonregenerative carbon adsorbers are used to comply with § 63.703(c)(1), the owner or operator may conduct a design evaluation to demonstrate initial compliance in lieu of following the compliance test procedures of paragraph (c) (1), (2), (3), or (4) of this section. The design evaluation shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, capacity of the carbon bed, type and working capacity of activated carbon used for the carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and the emission point operating schedule. (d)(1) To demonstrate initial compliance with § 63.703(c) when hard piping or ductwork is used to direct HAP emissions from a HAP source to the control device, each owner or operator shall demonstrate upon inspection that the criteria of paragraph (d)(1)(i) and paragraph (d)(1) (ii) or (iii) are met. (i) The equipment must be vented to a control device. (ii) The control device efficiency (E or H sys (iii) When a nonregenerative carbon adsorber is used, the ductwork from the affected emission point(s) must be vented to the control device and the carbon adsorber must be demonstrated, through the procedures of § 63.705(c) (1), (2), (3), (4), or (6) to meet the requirements of § 63.703(c)(1). (2) To demonstrate initial compliance with provisions for mix preparation equipment, owners or operators shall, in addition to paragraph (d)(1) of this section, ensure that covers are closed at all times except when adding ingredients, withdrawing samples, transferring the contents, or making visual inspection when such activities cannot be carried out with the cover in place. Such activities shall be carried out through ports of the minimum practical size. (e) To demonstrate initial compliance with § 63.703(e), the owner or operator of a wash sink subject to the provisions of this standard shall: (1) If complying with § 63.703(e)(1)(ii), maintain at least the required minimum freeboard ratio at all times; or (2) If complying with § 63.703(e)(1)(i), the owner or operator of an existing wash sink that vents emissions from the wash sink to a control device prior to March 11, 1994 must demonstrate that the control device is at least 95-percent efficient in accordance with § 63.705(c) (2), (3), (4), or (6); or (3) If complying with § 63.703(e)(1)(i), each owner or operator that vents emissions from the wash sink, through a capture device, and to a control device starting on or after March 11, 1994, must demonstrate that the overall HAP control efficiency is at least 88 percent using the test methods and procedures in § 63.705(c) (2), (3), (4), or (6). (f) To demonstrate initial compliance with § 63.703(f), the owner or operator shall: (1) If complying with § 63.703(f)(1)(ii), install and use a closed system for flushing fixed lines; or (2) If complying with § 63.703(f)(1)(i), each owner or operator that vents emissions from the flushing operation, through a capture device, and to a control device must demonstrate that the overall HAP control efficiency is at least 95 percent using the test methods and procedures in § 63.705(c) (2), (3), (4), or (6). (g) To demonstrate initial compliance with § 63.703(d), the owner or operator shall: (1) If complying with § 63.703(d)(1), install an enclosed transfer device for conveying particulate HAP, and use this device, following manufacturer's specifications or other written procedures developed for the device; or (2) If complying with § 63.703(d)(2): (i) Test the baghouse or fabric filter to demonstrate that there are no visible emissions using the test method in § 63.705(b)(10); and (ii) provide engineering calculations in accordance with § 63.707(h) of this subpart with the performance test results required by § 63.7(g)(1) and § 63.9(h) of subpart A, to demonstrate that the ventilation rate from the particulate transfer activity to the control device is sufficient for capturing the particulate HAP. (h) To demonstrate initial compliance with § 63.703(g), the owner or operator of an affected source shall follow the compliance procedures of either paragraph (h)(1), paragraph (h)(2), or paragraph (h)(3) of this section. (1) The owner or operator shall submit to the permitting authority with the notification of compliance status required by § 63.9(h) and § 63.707(f) the design specifications demonstrating that the control technique meets the required efficiency for each HAP compound. For steam strippers, these specifications shall include at a minimum: feed rate, steam rate, number of theoretical trays, number of actual trays, feed composition, bottoms composition, overheads composition, and inlet feed temperature. (2) The owner or operator shall demonstrate the compliance of a treatment process with the parts per million by weight (ppmw) wastewater stream concentration limits specified in § 63.703(g)(1)(ii) by measuring the concentration of total VOHAP at the outlet of the treatment process using the method specified in § 63.705(b)(9) (i) or (ii). A minimum of three representative samples of the wastewater stream exiting the treatment process, which are representative of normal flow and concentration conditions, shall be collected and analyzed. Wastewater samples shall be collected using the sampling procedures specified in Method 25D of appendix A of part 60. Where feasible, samples shall be taken from an enclosed pipe prior to the wastewater being exposed to the atmosphere. When sampling from an enclosed pipe is not feasible, a minimum of three representative samples shall be collected in a manner that minimizes exposure of the sample to the atmosphere and loss of organic HAP prior to analysis. (3) The owner or operator shall demonstrate the compliance of a treatment process with the HAP fraction removed requirement specified in § 63.703(g)(1)(i) by measuring the concentration of each HAP at the inlet and outlet of the treatment process using the method specified in § 63.705(b)(9) (i) or (ii) and the procedures of paragraphs (h)(3) (i) through (iii) of this section. (i) The same test method shall be used to analyze the wastewater samples from both the inlet and outlet of the treatment process. (ii) The HAP mass flow rate of each individually speciated HAP compound entering the treatment process (E b a (A) The flow rate of the entering and exiting wastewater streams shall be determined using inlet and outlet flow meters, respectively. (B) The average HAP concentration of each individual HAP of the entering and exiting wastewater streams shall be determined according to the procedures specified in either paragraph (b)(9)(i)(A) or (b)(9)(ii)(B) of this section. If measuring the VOHAP concentration of an individual HAP in accordance with § 63.705(b)(9)(i)(A), the concentrations of the individual organic VOHAP measured in the water shall be corrected to a HAP concentration by dividing each VOHAP concentration by the compound-specific fraction measured factor (F M (C) Three grab samples of the entering wastewater stream shall be taken at equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of three runs. (D) Three grab samples of the exiting wastewater stream shall be taken at equally spaced time intervals over a 1-hour period. Each 1-hour period constitutes a run, and the performance test shall consist of a minimum of three runs conducted over the same 3-hour period at which the total HAP mass flow rate entering the treatment process is determined. (E) The HAP mass flow rates of each individual HAP compound entering and exiting the treatment process are calculated as follows: where: E b E a K = Density of the wastewater stream, kilograms per cubic meter. V bp V ap C bp C ap n = Number of runs. (iii) The fraction removed across the treatment process for each individually speciated HAP compound shall be calculated as follows: where: F R E b E a (i) Startups and shutdowns are normal operation for this source category. Emissions from these activities are to be included when determining if the standards specified in § 63.703 are being attained. (j) An owner or operator who uses compliance techniques other than those specified in this subpart shall submit a description of those compliance procedures, subject to the Administrator's approval, in accordance with § 63.7(f) of subpart A. § 63.706 Recordkeeping requirements. (a) Except as stipulated in § 63.703 (b), (c)(5), and (h), the owner or operator of a magnetic tape manufacturing operation subject to this subpart shall fulfill all applicable recordkeeping requirements in § 63.10 of subpart A, as outlined in Table 1. (b) The owner or operator of an affected source subject to this subpart that is also subject to the requirements of § 63.703(e)(1)(ii) (a minimum freeboard ratio of 75 percent), shall record whether or not the minimum freeboard ratio has been achieved every time that HAP solvent is added to the wash sink. A measurement of the actual ratio is not necessary for each record as long as the owner or operator has a reliable method for making the required determination. For example, the record may be made by comparing the HAP solvent level to a permanent mark on the sink that corresponds to a 75 percent freeboard ratio. A HAP solvent level in the sink higher than the mark would indicate the minimum ratio has not been achieved. (c) The owner or operator of an affected source subject to this subpart that is subject to the requirements of § 63.704(c)(10) shall: (1) If complying with § 63.704(c)(10)(i), maintain hourly records of whether the flow indicator was operating and whether flow was detected at any time during the hour, as well as records of the times and durations of all periods when the vent stream is diverted from the control device or the monitor is not operating; (2) If complying with § 63.704(c)(10) (ii), (iii), or (iv), maintain a record of monthly inspections, and the records of the times and durations of all periods when: (i) Flow was diverted through any bypass line such that the seal mechanism was broken; (ii) The key for a lock-and-key type lock had been checked out; (iii) The valve position on any bypass line changed to the open position; or (iv) The diversion of flow through any bypass line caused a shutdown of HAP-emitting operations. (d) The owner or operator of an affected source that is complying with § 63.703(c) by performing a material balance in accordance with § 63.705(c)(1) shall: (1) Maintain a record of each 7-day rolling average calculation; and (2) Maintain a record of the certification of the accuracy of the device that measures the amount of HAP or VOC recovered. (e) The owner or operator of a magnetic tape manufacturing operation subject to the provisions of § 63.703 (b) and (h) shall maintain records of the calculations used to determine the limits on the amount of HAP utilized as specified in § 63.703(b)(2), and of the HAP utilized in each month and the sum over each 12-month period. (f) The owner or operator of an affected source subject to the provisions of § 63.703(c)(5) shall keep records of the HAP content of each batch of coating applied as calculated according to § 63.705(c)(5), and records of the formulation data that support the calculations. When a batch of coating applied is identical to a previous batch applied, only one set of records is required to be kept. (g) The owner or operator of an affected source that is complying with § 63.703(c)(1) through the use of a nonregenerative carbon adsorber and demonstrating initial compliance in accordance with § 63.705(c)(6) shall maintain records to support the outlet VOC or HAP concentration value or the carbon replacement time established as the site-specific operating parameter to demonstrate compliance. (h) In accordance with § 63.10(b)(1) of subpart A, the owner or operator of an affected source subject to the provisions of this subpart shall retain all records required by this subpart and subpart A for at least 5 years following their collection. § 63.707 Reporting requirements. (a) Except as stipulated in § 63.703(b), (c)(5), and (h), the owner or operator of a magnetic tape manufacturing operation subject to this subpart shall fulfill all applicable reporting requirements in § 63.7 through § 63.10, as outlined in Table 1 to this subpart. These reports shall be submitted to the Administrator or delegated State. (b) The owner or operator of an existing magnetic tape manufacturing operation subject to § 63.703(b) and (h) shall include the values of the limits on the amount of HAP utilized as determined in § 63.703(b)(2), along with supporting calculations, in the initial notification report required by § 63.9(b). (c) The owner or operator of a new magnetic tape manufacturing operation subject to § 63.703(h) shall include the values of the limits on the amount of HAP utilized as determined in § 63.703(b)(2), along with supporting calculations, and the amount of HAP expected to be utilized during the first consecutive 12-month period of operation in the initial notification report required by § 63.9(b). (d) The owner or operator subject to § 63.703(c) and following the compliance provisions of § 63.705(c)(1) (material balance calculation) shall include with the notification of compliance status required by § 63.9(h) the results of the initial material balance calculation. (e) The owner or operator subject to § 63.703(c)(5) and following the compliance provisions of § 63.705(c)(5) (low-HAP coating) shall include with the notification of compliance status required by § 63.9(h) the results of the initial low-HAP coating demonstration. (f) The owner or operator subject to the provisions of § 63.703(g) and demonstrating compliance in accordance with § 63.705(h)(1) shall submit to the permitting authority with the notification of compliance status required by § 63.9(h) the design specifications demonstrating that the control technique meets the required efficiency. For steam strippers, these specifications shall include at a minimum: feed rate, steam rate, number of theoretical trays, number of actual trays, feed composition, bottoms composition, overheads composition, and inlet feed temperature. (g) The owner or operator of an affected source that is complying with § 63.703(c)(1) through the use of a nonregenerative carbon adsorber and demonstrating initial compliance in accordance with § 63.705(c)(6) shall submit to the permitting authority with the notification of compliance status required by § 63.9(h) the design evaluation. (h) The owner or operator of an affected source that is complying with § 63.703(d) through the use of a baghouse or fabric filter and demonstrating initial compliance in accordance with § 63.705(g)(2) shall submit to the permitting authority with the notification of compliance status required by § 63.9(h) the engineering calculations that support the minimum ventilation rate needed to capture HAP particulates for delivery to the control device. (i) Excess emissions and continuous monitoring system performance report and summary reports shall be submitted as required by § 63.10(e). (1) The owner or operator of an affected source subject to § 63.704 shall include deviations of monitored values from the operating parameter values required by § 63.704(c) in the reports. In the case of exceedances, the report must also contain a description and timing of the steps taken to address the cause of the exceedance. (2) The owner or operator of an affected source subject to § 63.703(c)(5) shall report the HAP content of each batch of coating applied as the monitored operating parameter value in the reports. (3) The owner or operator of an affected source subject to § 63.703(e)(1)(ii) and maintaining a minimum freeboard ratio of 75 percent shall report violations of the standard (freeboard ratio is less than 75 percent) in the reports. (4) The owner or operator of an affected source subject to § 63.704(c)(10) of this subpart shall include records of any time period and duration of time that flow was diverted from the control device, as well as the results of monthly inspections required by § 63.704(c)(10)(ii), (iii), and (iv) in the reports. (5) The owner or operator of an affected source complying with § 63.703(c) by performing a material balance calculation in accordance with § 63.705(c)(1) shall report any exceedances of the standard, as demonstrated through the calculation, in the reports. (j) The owner or operator of a magnetic tape manufacturing operation subject to the provisions of § 63.703(h) shall report the amount of HAP utilized in each 12-month period in an annual report to the Administrator according to the following schedule: (1) For existing sources, the first report shall cover the 12-month period prior to the source's compliance date and shall be submitted to the Administrator no later than 30 days after the compliance date; and (2) For new sources, the first report shall include the quantity of HAP that is expected to be utilized during the first 12 months of operation and shall be submitted to the Administrator no later than 30 days after the compliance date; (3) Annual reports shall be submitted to the Administrator no later than 30 days after the last 12-month period included in the report; and (4) A report shall also be submitted no later than 30 days after monthly records required to be maintained by § 63.706(e) indicate that any limit on the amount of HAP utilized has been exceeded. The report shall indicate the amount by which the limit has been exceeded. (k) The owner or operator establishing an alternate HAP outlet concentration limit in accordance with §§ 63.703(i) and 63.704(b)(11)(ii) shall: (1) To support the proposed limit, submit the following within 180 days following completion of the performance test required by § 63.7: (i) The performance test or CEM data collected to establish the limit; (ii) Records of when coating operations were down; (iii) The rationale for the alternate proposed limit; and (iv) A statement signed by a responsible official of the company that the control device was operated in accordance with good air pollution control practices and in the same manner it was operated to achieve compliance with the emission limitation for coating operations; and (2) In the excess emissions and continuous monitoring system performance report and summary report required by § 63.10(e)(3), include parameter or CEM data to demonstrate compliance or noncompliance with the alternate outlet HAP concentration established in accordance with §§ 63.703(i) and 63.704(b)(11)(ii) once the limit is approved. § 63.708 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.701 and 63.703. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37352, June 23, 2003] Table 1 to Subpart EE of Part 63—Applicability of General Provisions to Subpart EE Reference Applies to subpart EE Comment 63.1(a)(1) Yes Additional terms defined in § 63.702(a); when overlap between subparts A and EE occurs, subpart EE takes precedence. 63.1(a)(2)-(14) Yes. 63.1(b)(1)-(3) Yes. 63.1(c)(1) Yes Subpart EE specifies the applicability of each paragraph in subpart A to sources subject to subpart EE. 63.1(c)(2) No The applicability of §§ 63.701(a)(2) and 63.703 (b) and (h) to a source does not in and of itself make a source subject to part 70. 63.1(c)(4)-(5) Yes. 63.1(c)(6) Yes 63.1(e) Yes. 63.2 Yes Additional terms defined in § 63.702(a); when overlap between subparts A and EE occurs, subpart EE takes precedence. 63.3 Yes Units specific to subpart EE are defined in subpart EE. 63.4(a)(1)-(3) Yes. 63.4(a)(5) Yes. 63.4(b) Yes. 63.4(c) Yes. 63.5(a) Yes. 63.5(b)(1) Yes. 63.5(b)(3)-(6) Yes. 63.5(d) Yes. 63.5(e) Yes. 63.5(f) Yes. 63.6(a) Yes. 63.6(b)(1)-(5) Yes. 63.6(b)(7) Yes. 63.6(c)(1)-(2) Yes. 63.6(c)(5) Yes. 63.6(e)(1)-(2) Yes. 63.6(e)(3) Yes Owners or operators of affected sources subject to subpart EE do not need to address startups and shutdowns because the emission limitations apply during these times. 63.6(f)(1) No § 63.701(f) of subpart EE specifies when the standards apply. 63.6(f)(2)(i)-(ii) Yes. 63.6(f)(2)(iii) Yes § 63.705(a)(3) of subpart EE includes additional circumstances under which previous capture device demonstrations are acceptable to show compliance. 63.6(f)(2)(iv)-(v) Yes. 63.6(f)(3) Yes. 63.6(g) Yes. 63.6(h)(1) No § 63.701(f) of subpart EE specifies when the standards apply. 63.6(h)(2)(i) Yes. 63.6(h)(2)(iii) Yes. 63.6(h)(4) Yes This requirement applies only for the visible emission test required under § 63.705(g)(2). 63.6(h)(5)(i)-(iii) Yes. 63.6(h)(5)(v) No. 63.6(h)(6) Yes. 63.6(h)(7) No. 63.6(h)(8) Yes. 63.6(h)(9) No. 63.6(i)(1)-(14) Yes § 63.703(c)(4) of subpart EE shall not be considered emissions averaging for the purposes of § 63.6(i)(4)(i)(B). 63.6(i)(16) Yes. 63.6(j) Yes. 63.7(a)(1) Yes. 63.7(a)(2)(i)-(vi) Yes. 63.7(a)(2)(ix) Yes. 63.7(a)(3) Yes. 63.7(b) Yes. 63.7(c) Yes. 63.7(d) Yes. 63.7(e) Yes § 63.7(e) establishes the minimum performance test requirements. This section does not preclude owners or operators from conducting multiple test runs under alternate operating conditions to establish an appropriate range of compliance operating parameter values in accordance with § 63.704(b)(11)(i) of subpart EE. Also as required in § 63.701(f) of subpart EE, the emissions standards apply during startup and shutdown. 63.7(f) Yes. 63.7(g)(1) Yes. 63.7(g)(3) Yes. 63.7(h) Yes. 63.8(a)(1)-(2) Yes. 63.8(a)(4) Yes. 63.8(b)(1) Yes. 63.8(b)(2) No § 63.704 of subpart EE specifies monitoring locations; when multiple emission points are tied to one central control device, the monitors are located at the central control device. 63.8(b)(3) Yes. 63.8(c)(1)-(3) Yes. 63.8(c)(4) Yes Provisions related to COMS, however, do not apply. 63.8(c)(5) No. 63.8(c)(6)-(8) Yes. 63.8(d) Yes. 63.8(e) Yes. 63.8(f)(1)-(6) Yes. 63.8(g)(1)-(5) Yes. 63.9(a) Yes. 63.9(b) Yes. 63.9(c) Yes. 63.9(d) Yes. 63.9(e) Yes. 63.9(f) Yes. 63.9(g)(1) Yes. 63.9(g)(2) No. 63.9(g)(3) Yes. 63.9(h)(1)-(3) Yes. 63.9(h)(5)-(6) Yes. 63.9(i) Yes. 63.9(j) Yes. 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes. 63.10(b)(1) Yes. 63.10(b)(2) Yes Except information on startup and shutdown periods is not necessary because the standards apply during these time periods. 63.10(b)(3) Yes. 63.10(c)(1) Yes. 63.10(c)(5)-(8) Yes Except information on startup and shutdown periods is not necessary because the standards apply during these times. 63.10(c)(10)-(15) Yes Except information on startup and shutdown periods is not necessary because the standards apply during these times. 63.10(d)(1)-(2) Yes. 63.10(d)(3) Yes This requirement applies only for the visible emissions test required under § 63.705(g)(2). The results of visible emissions tests under § 63.704(e) shall be reported as required in § 63.10(e)(3). 63.10(d)(4) Yes. 63.10(d)(5) Yes Except information on startup and shutdown periods is not necessary because the standards apply during these times. 63.(10)(e)(1) Yes. 63.10(e)(2)(i) Yes. 63.10(e)(2)(ii) No. 63.10(e)(3)(i)-(v) Yes. 63.10(e)(3)(vi)-(viii) Yes Except emissions/CMS performance during startup and shutdown do not need to be specified because the standards apply during startup and shutdown. 63.10(e)(4) No. 63.10(f) Yes. 63.11-63.15 Yes. [59 FR 64596, Dec. 15, 1994, as amended at 85 FR 73894, Nov. 19, 2020; 85 FR 84262, Dec. 28, 2020] Subpart FF [Reserved] Subpart GG—National Emission Standards for Aerospace Manufacturing and Rework Facilities Source: 60 FR 45956, Sept. 1, 1996, unless otherwise noted. § 63.741 Applicability and designation of affected sources. (a) This subpart applies to facilities that are engaged, either in part or in whole, in the manufacture or rework of commercial, civil, or military aerospace vehicles or components and that are major sources as defined in § 63.2. (b) The owner or operator of an affected source shall comply with the requirements of this subpart and of subpart A of this part, except as specified in § 63.743(a) and Table 1 of this subpart. (c) Affected sources. (1) Each cleaning operation as follows: (i) All hand-wipe cleaning operations constitute an affected source. (ii) Each spray gun cleaning operation constitutes an affected source. (iii) All flush cleaning operations constitute an affected source. (2) For organic HAP or VOC emissions, each primer application operation, which is the total of all primer applications at the facility. (3) For organic HAP or VOC emissions, each topcoat application operation, which is the total of all topcoat applications at the facility. (4) For organic HAP or VOC emissions, each specialty coating application operation, which is the total of all specialty coating applications at the facility. (5) For organic HAP or VOC emissions, each depainting operation, which is the total of all depainting at the facility. (6) Each chemical milling maskant application operation, which is the total of all chemical milling maskant applications at the facility. (7) Each waste storage and handling operation, which is the total of all waste handling and storage at the facility. (8) For inorganic HAP emissions, each spray booth, portable enclosure, or hangar that contains a primer, topcoat, or specialty coating application operation subject to § 63.745(g), or a depainting operation subject to § 63.746(b)(4). (d) An owner or operator of an affected source subject to this subpart shall obtain an operating permit from the permitting authority in the State in which the source is located. The owner or operator shall apply for and obtain such permit in accordance with the regulations contained in part 70 of this chapter and in applicable State regulations. (e) [Reserved] (f) This subpart does not regulate research and development, quality control, and laboratory testing activities, chemical milling, metal finishing, electrodeposition (except for electrodeposition of paints), composites processing (except for cleaning and coating of composite parts or components that become part of an aerospace vehicle or component as well as composite tooling that comes in contact with such composite parts or components prior to cure), electronic parts and assemblies (except for cleaning and topcoating of completed assemblies), manufacture of aircraft transparencies, and wastewater operations at aerospace facilities. These requirements do not apply to the rework of aircraft or aircraft components if the holder of the Federal Aviation Administration (FAA) design approval, or the holder's licensee, is not actively manufacturing the aircraft or aircraft components. These requirements also do not apply to parts and assemblies not critical to the vehicle's structural integrity or flight performance. The requirements of this subpart do not apply to primers, topcoats, specialty coatings, chemical milling maskants, strippers, and cleaning solvents that meet the definition of non-HAP material, as determined from manufacturer's representations, such as in a material safety data sheet or product data sheet, or testing, except that if an owner or operator chooses to include one or more non-HAP primer, topcoat, specialty coating, or chemical milling maskant in averaging under § 63.743(d), then the recordkeeping requirements of § 63.752(c)(4) shall apply. The requirements of this subpart also do not apply to primers, topcoats, and specialty coatings that meet the definition of “classified national security information” in § 63.742. Additional specific exemptions from regulatory coverage are set forth in paragraphs (e), (g), (h), (i) and (j) of this section and §§ 63.742, 63.744(a)(1), (b), (e), 63.745(a), (f)(3), (g)(4), 63.746(a), (b)(5), 63.747(c)(3), and 63.749(d). (g) The requirements for primers, topcoats, specialty coatings, and chemical milling maskants in §§ 63.745 and 63.747 do not apply to the use of low-volume coatings in these categories for which the annual total of each separate formulation used at a facility does not exceed 189 l (50 gal), and the combined annual total of all such primers, topcoats, specialty coatings, and chemical milling maskants used at a facility does not exceed 757 l (200 gal). Primers, topcoats, and specialty coatings exempted under paragraph (f) of this section and under § 63.745(f)(3) and (g)(4) are not included in the 50 and 200 gal limits. Chemical milling maskants exempted under § 63.747(c)(3) are also not included in these limits. (h) Regulated activities associated with space vehicles designed to travel beyond the limit of the earth's atmosphere, including but not limited to satellites, space stations, and the Space Shuttle System (including orbiter, external tanks, and solid rocket boosters), are exempt from the requirements of this subpart, except for depainting operations found in § 63.746. (i) Any waterborne coating for which the manufacturer's supplied data demonstrate that organic HAP and VOC contents are less than or equal to the organic HAP and VOC content limits for its coating type, as specified in §§ 63.745(c) and 63.747(c), is exempt from the following requirements of this subpart: §§ 63.745 (d) and (e), 63.747(d) and (e), 63.749 (d) and (h), 63.750 (c) through (h) and (k) through (n), 63.752 (c) and (f), and 63.753 (c) and (e). A facility shall maintain the manufacturer's supplied data and annual purchase records for each exempt waterborne coating readily available for inspection and review and shall retain these data for 5 years. (j) Regulated activities associated with the rework of antique aerospace vehicles or components are exempt from the requirements of this subpart. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15016, Mar. 27, 1998; 63 FR 46532, Sept. 1, 1998; 80 FR 76179, Dec. 7, 2015] § 63.742 Definitions. Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows: Aerospace facility Aerospace vehicle or component Aircraft fluid systems Aircraft transparency Airless and air-assisted airless spray Antique aerospace vehicle or component Carbon adsorber Carbon Adsorber control efficiency Chemical milling maskant i.e., See Chemical milling maskant application operation Classified National Security Information Cleaning operation Cleaning solvent Closed-cycle depainting system Coating Coating operation Coating unit Confined space Control device Control system Depainting Depainting operation Electrodeposition of paint Electrostatic spray Exempt solvent Exterior primer Flush cleaning General aviation (GA) General aviation rework facility Hand-wipe cleaning operation Hazardous air pollutant (HAP) High efficiency particulate air (HEPA) filter High volume low pressure (HVLP) spray equipment Inorganic hazardous air pollutant (HAP) Large commercial aircraft Leak Limited access space Mechanical sanding Natural draft opening Non-chemical based depainting equipment Non-HAP material Nonregenerative carbon adsorber Operating parameter value Organic hazardous air pollutant (HAP) Primer Radome Recovery device Research and Development Self-priming topcoat Semi-aqueous cleaning solvent Softener Solids Space vehicle Specialty coating Spot stripping Spray-applied coating operation (1) Coatings applied from a hand-held device with a paint cup capacity that is equal to or less than 3.0 fluid ounces (89 cubic centimeters) in which no more than 3.0 fluid ounces of coating is applied in a single application ( i.e., (2) Application of coating using powder coating, hand-held non-refillable aerosol containers, or non-atomizing application technology, including but not limited to paint brushes, rollers, flow coating, dip coating, electrodeposition coating, web coating, coil coating, touch-up markers, marking pens, trowels, spatulas, daubers, rags, sponges, mechanically and/or pneumatic-driven syringes, and inkjet machines. (3) Application of adhesives, sealants, maskants, caulking materials, and inks. Spray gun Stripper Surface preparation Temporary total enclosure Topcoat Total enclosure Touch-up and repair operation Two-stage filter system Type I etchant Type II etchant Volatile organic compound (VOC) Waterborne (water-reducible) coating Waterwash system Nomenclature for determining carbon adsorber efficiency (1) A k (2) C aj (3) C bi (4) C di (5) C fk (6) C gv gv (7) C hv (8) E = the control device efficiency achieved for the duration of the emission test (expressed as a fraction). (9) F = the HAP or VOC emission capture efficiency of the HAP or VOC capture system achieved for the duration of the emission test (expressed as a fraction). (10) FV = the average inward face velocity across all natural draft openings in a total enclosure, in meters per hour. (11) H v (12) H sys (13) M ci (14) M r (15) Q aj (16) Q bi (17) Q di (18) Q fk (19) Q gv gv hv (20) Q hv (21) Q ini (22) Q outj (23) R = the overall HAP or VOC emission reduction achieved for the duration of the emission test (expressed as a percentage). (24) RS i (25) W oi [60 FR 45956, Sept. 1, 1995, as amended at 63 FR 15017, Mar. 27, 1998; 63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76179, Dec. 7, 2015] § 63.743 Standards: General. (a) Except as provided in paragraphs (a)(4) through (a)(10) of this section and in Table 1 of this subpart, each owner or operator of an affected source subject to this subpart is also subject to the following sections of subpart A of this part: (1) § 63.4, Prohibited activities and circumvention; (2) § 63.5, Preconstruction review and notification requirements; and (3) § 63.6, Compliance with standards and maintenance requirements. (4) For the purposes of this subpart, all affected sources shall submit any request for an extension of compliance not later than 120 days before the affected source's compliance date. The extension request should be requested for the shortest time necessary to attain compliance, but in no case shall exceed 1 year. (5)(i) For the purposes of this subpart, the Administrator (or the State with an approved permit program) will notify the owner or operator in writing of his/her intention to deny approval of a request for an extension of compliance submitted under either § 63.6(i)(4) or § 63.6(i)(5) within 60 calendar days after receipt of sufficient information to evaluate the request. (ii) In addition, for purposes of this subpart, if the Administrator does not notify the owner or operator in writing of his/her intention to deny approval within 60 calendar days after receipt of sufficient information to evaluate a request for an extension of compliance, then the request shall be considered approved. (6)(i) For the purposes of this subpart, the Administrator (or the State) will notify the owner or operator in writing of the status of his/her application submitted under § 63.6(i)(4)(ii) (that is, whether the application contains sufficient information to make a determination) within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted, rather than 15 calendar days as provided for in § 63.6(i)(13)(i). (ii) In addition, for the purposes of this subpart, if the Administrator does not notify the owner or operator in writing of the status of his/her application within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that is submitted, then the information in the application or the supplementary information is to be considered sufficient upon which to make a determination. (7) For the purposes of this subpart, each owner or operator who has submitted an extension request application under § 63.6(i)(5) is to be provided 30 calendar days to present additional information or arguments to the Administrator after he/she is notified that the application is not complete, rather than 15 calendar days as provided for in § 63.6(i)(13)(ii). (8) For the purposes of this subpart, each owner or operator is to be provided 30 calendar days to present additional information to the Administrator after he/she is notified of the intended denial of a compliance extension request submitted under either § 63.6(i)(4) or § 63.6(i)(5), rather than 15 calendar days as provided for in § 63.6(i)(12)(iii)(B) and § 63.6(i)(13)(iii)(B). (9) For the purposes of this subpart, a final determination to deny any request for an extension submitted under either § 63.6(i)(4) or § 63.6(i)(5) will be made within 60 calendar days after presentation of additional information or argument (if the application is complete), or within 60 calendar days after the final date specified for the presentation if no presentation is made, rather than 30 calendar days as provided for in § 63.6(i)(12)(iv) and § 63.6(i)(13)(iv). (10) For the purposes of compliance with the requirements of § 63.5(b)(4) of the General Provisions and this subpart, owners or operators of existing primer, topcoat, or specialty coating application operations and depainting operations who construct or reconstruct a spray booth or hangar that does not have the potential to emit 10 tons/yr or more of an individual inorganic HAP or 25 tons/yr or more of all inorganic HAP combined shall only be required to notify the Administrator of such construction or reconstruction on an annual basis. Notification shall be submitted on or before March 1 of each year and shall include the information required in § 63.5(b)(4) for each such spray booth or hangar constructed or reconstructed during the prior calendar year, except that such information shall be limited to inorganic HAP. No advance notification or written approval from the Administrator pursuant to § 63.5(b)(3) shall be required for the construction or reconstruction of such a spray booth or hangar unless the booth or hangar has the potential to emit 10 tons/yr or more of an individual inorganic HAP or 25 tons/yr or more of all inorganic HAP combined. (b) [Reserved] (c) An owner or operator who uses an air pollution control device or equipment not listed in this subpart shall submit a description of the device or equipment, test data verifying the performance of the device or equipment in controlling organic HAP and/or VOC emissions, as appropriate, and specific operating parameters that will be monitored to establish compliance with the standards to the Administrator for approval not later than 120 days prior to the compliance date. (d) Instead of complying with the individual coating limits in §§ 63.745 and 63.747, a facility may choose to comply with the averaging provisions specified in paragraphs (d)(1) through (d)(6) of this section. (1) Each owner or operator of a new or existing source shall use any combination of primers, topcoats (including self-priming topcoats), specialty coatings, Type I chemical milling maskants, or Type II chemical milling maskants such that the monthly volume-weighted average organic HAP and VOC contents of the combination of primers, topcoats, specialty coatings, Type I chemical milling maskants, or Type II chemical milling maskants, as determined in accordance with the applicable procedures set forth in § 63.750, complies with the specified content limits in §§ 63.745(c) and 63.747(c), unless the permitting agency specifies a shorter averaging period as part of an ambient ozone control program. (2) Averaging is allowed only for uncontrolled primers, topcoats (including self-priming topcoats), specialty coatings, Type I chemical milling maskants, or Type II chemical milling maskants. (3) Averaging is not allowed between specialty coating types defined in appendix A to this subpart, or between the different types of coatings specified in paragraphs (d)(3)(i) through (vii) of this section. (i) Primers and topcoats (including self-priming topcoats). (ii) Type I and Type II chemical milling maskants. (iii) Primers and chemical milling maskants. (iv) Topcoats and chemical milling maskants. (v) Primers and specialty coatings. (vi) Topcoats and specialty coatings. (vii) Chemical milling maskants and specialty coatings. (4)—(5) [Reserved] (6) Each averaging scheme shall be approved in advance by the permitting agency and adopted as part of the facility's title V permit. (e) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15017, Mar. 27, 1998; 71 FR 20457, Apr. 20, 2006; 80 FR 76180, Dec. 7, 2015] § 63.744 Standards: Cleaning operations. (a) Housekeeping measures (1) Unless the owner or operator satisfies the requirements in paragraph (a)(4) of this section, place used solvent-laden cloth, paper, or any other absorbent applicators used for cleaning in bags or other closed containers. Ensure that these bags and containers are kept closed at all times except when depositing or removing these materials from the container. Use bags and containers of such design so as to contain the vapors of the cleaning solvent. Cotton-tipped swabs used for very small cleaning operations are exempt from this requirement. (2) Unless the owner or operator satisfies the requirements in paragraph (a)(4) of this section, store fresh and spent cleaning solvents, except semi-aqueous solvent cleaners, used in aerospace cleaning operations in closed containers. (3) Conduct the handling and transfer of cleaning solvents to or from enclosed systems, vats, waste containers, and other cleaning operation equipment that hold or store fresh or spent cleaning solvents in such a manner that minimizes spills. (4) Demonstrate to the Administrator (or delegated State, local, or Tribal authority) that equivalent or better alternative measures are in place compared to the use of closed containers for the solvent-laden materials described in paragraph (a)(1) of this section, or the storage of solvents described in paragraph (a)(2) of this section. (b) Hand-wipe cleaning. (1) Meet one of the composition requirements in Table 1 of this section; (2) Have a composite vapor pressure of 45 mm Hg (24.1 in. H 2 (3) Demonstrate that the volume of hand-wipe solvents used in cleaning operations has been reduced by at least 60% from a baseline adjusted for production. The baseline shall be established as part of an approved alternative plan administered by the State. Demonstrate that the volume of hand-wipe cleaning solvents used in cleaning operations has been reduced by at least 60 percent from a baseline adjusted for production. The baseline shall be calculated using data from 1996 and 1997, or as otherwise agreed upon by the Administrator or delegated State Authority. The baseline shall be approved by the Administrator or delegated State Authority and shall be included as part of the facility's title V or part 70 permit. (c) Spray gun cleaning. (1)(i) Enclosed system. Clean the spray gun in an enclosed system that is closed at all times except when inserting or removing the spray gun. Cleaning shall consist of forcing solvent through the gun. (ii) If leaks are found during the monthly inspection required in § 63.751(a), repairs shall be made as soon as practicable, but no later than 15 days after the leak was found. If the leak is not repaired by the 15th day after detection, the cleaning solvent shall be removed, and the enclosed cleaner shall be shut down until the leak is repaired or its use is permanently discontinued. (2) Nonatomized cleaning. (3) Disassembled spray gun cleaning. Disassemble the spray gun and clean the components by hand in a vat, which shall remain closed at all times except when in use. Alternatively, soak the components in a vat, which shall remain closed during the soaking period and when not inserting or removing components. (4) Atomizing cleaning. (5) Cleaning of the nozzle tips of automated spray equipment systems, except for robotic systems that can be programmed to spray into a closed container, shall be exempt from the requirements of paragraph (c) of this section. (d) Flush cleaning. (e) Exempt cleaning operations. (1) Cleaning during the manufacture, assembly, installation, maintenance, or testing of components of breathing oxygen systems that are exposed to the breathing oxygen; (2) Cleaning during the manufacture, assembly, installation, maintenance, or testing of parts, subassemblies, or assemblies that are exposed to strong oxidizers or reducers (e.g., nitrogen tetroxide, liquid oxygen, or hydrazine); (3) Cleaning and surface activation prior to adhesive bonding; (4) Cleaning of electronic parts and assemblies containing electronic parts; (5) Cleaning of aircraft and ground support equipment fluid systems that are exposed to the fluid, including air-to-air heat exchangers and hydraulic fluid systems; (6) Cleaning of fuel cells, fuel tanks, and confined spaces; (7) Surface cleaning of solar cells, coated optics, and thermal control surfaces; (8) Cleaning during fabrication, assembly, installation, and maintenance of upholstery, curtains, carpet, and other textile materials used in the interior of the aircraft; (9) Cleaning of metallic and nonmetallic materials used in honeycomb cores during the manufacture or maintenance of these cores, and cleaning of the completed cores used in the manufacture of aerospace vehicles or components; (10) Cleaning of aircraft transparencies, polycarbonate, or glass substrates; (11) Cleaning and cleaning solvent usage associated with research and development, quality control, and laboratory testing; (12) Cleaning operations, using nonflamable liquids, conducted within five feet of energized electrical systems. Energized electrical systems means any AC or DC electrical circuit on an assembled aircraft once electrical power is connected, including interior passenger and cargo areas, wheel wells and tail sections; and (13) Cleaning operations identified as essential uses under the Montreal Protocol for which the Administrator has allocated essential use allowances or exemptions in 40 CFR 82.4. Table 1—Composition Requirements for Approved Cleaning Solvents Cleaning solvent type Composition requirements Aqueous Cleaning solvents in which water is the primary ingredient (≥80 percent of cleaning solvent solution as applied must be water). Detergents, surfactants, and bioenzyme mixtures and nutrients may be combined with the water along with a variety of additives, such as organic solvents (e.g., high boiling point alcohols), builders, saponifiers, inhibitors, emulsifiers, pH buffers, and antifoaming agents. Aqueous solutions must have a flash point greater than 93 °C (200 °F) (as reported by the manufacturer), and the solution must be miscible with water. Hydrocarbon-based Cleaners that are composed of photochemically reactive hydrocarbons and/or oxygenated hydrocarbons and have a maximum vapor pressure of 7 mm Hg at 20 °C (3.75 in. H 2 [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15018, Mar. 27, 1998; 63 FR 46533, Sept. 1, 1998; 68 FR 37352, June 23, 2003; 80 FR 76181, Dec. 7, 2015] § 63.745 Standards: Primer, topcoat, and specialty coating application operations. (a) Each owner or operator of a new or existing primer, topcoat, or specialty coating application operation subject to this subpart shall comply with the requirements specified in paragraph (c) of this section for those coatings that are uncontrolled (no control device is used to reduce organic HAP emissions from the operation), and in paragraph (d) of this section for those coatings that are controlled (organic HAP emissions from the operation are reduced by the use of a control device). Aerospace equipment that is no longer operational, intended for public display, and not easily capable of being moved is exempt from the requirements of this section. (b) Each owner or operator shall conduct the handling and transfer of primers, topcoats, and specialty coatings to or from containers, tanks, vats, vessels, and piping systems in such a manner that minimizes spills. (c) Uncontrolled coatings—organic HAP and VOC content levels (1) Organic HAP emissions from primers shall be limited to an organic HAP content level of no more than: 540 g/L (4.5 lb/gal) of primer (less water), as applied, for general aviation rework facilities; or 650 g/L (5.4 lb/gal) of exterior primer (less water), as applied, to large commercial aircraft components (parts or assemblies) or fully assembled, large commercial aircraft at existing affected sources that produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/gal) of primer (less water), as applied. (2) VOC emissions from primers shall be limited to a VOC content level of no more than: 540 g/L (4.5 lb/gal) of primer (less water and exempt solvents), as applied, for general aviation rework facilities; or 650 g/L (5.4 lb/gal) of exterior primer (less water and exempt solvents), as applied, to large commercial aircraft components (parts or assemblies) or fully assembled, large commercial aircraft at existing affected sources that produce fully assembled, large commercial aircraft; or 350 g/L (2.9 lb/gal) of primer (less water and exempt solvents), as applied. (3) Organic HAP emissions from topcoats shall be limited to an organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of coating (less water) as applied or 540 g/L (4.5 lb/gal) of coating (less water) as applied for general aviation rework facilities. Organic HAP emissions from self-priming topcoats shall be limited to an organic HAP content level of no more than: 420 g/L (3.5 lb/gal) of self-priming topcoat (less water) as applied or 540 g/L (4.5 lb/gal) of self-priming topcoat (less water) as applied for general aviation rework facilities. (4) VOC emissions from topcoats shall be limited to a VOC content level of no more than: 420 g/L (3.5 lb/gal) of coating (less water and exempt solvents) as applied or 540 g/L (4.5 lb/gal) of coating (less water and exempt solvents) as applied for general aviation rework facilities. VOC emissions from self-priming topcoats shall be limited to a VOC content level of no more than: 420 g/L (3.5 lb/gal) of self-priming topcoat (less water and exempt solvents) as applied or 540 g/L (4.5 lb/gal) of self-priming topcoat (less water) as applied for general aviation rework facilities. (5) Organic HAP emissions from specialty coatings shall be limited to an organic HAP content level of no more than the HAP content limit specified in Table 1 of this section for each applicable specialty coating type. (6) VOC emissions from specialty coatings shall be limited to a VOC content level of no more than the VOC content limit specified in Table 1 of this section for each applicable specialty coating type. Table 1—Specialty Coatings—HAP and VOC Content Limits Coating Type HAP Limit g/L 1 VOC Limit g/L 1 Ablative Coating 600 (5.0) 600 (5.0) Adhesion Promoter 890 (7.4) 890 (7.4) Adhesive Bonding Primers: Cured at 250 °F or below 850 (7.1) 850 (7.1) Adhesive Bonding Primers: Cured above 250 °F 1030 (8.6) 1030 (8.6) Commercial Interior Adhesive 760 (6.3) 760 (6.3) Cyanoacrylate Adhesive 1,020 (8.5) 1,020 (8.5) Fuel Tank Adhesive 620 (5.2) 620 (5.2) Nonstructural Adhesive 360 (3.0) 360 (3.0) Rocket Motor Bonding Adhesive 890 (7.4) 890 (7.4) Rubber-based Adhesive 850 (7.1) 850 (7.1) Structural Autoclavable Adhesive 60 (0.5) 60 (0.5) Structural Nonautoclavable Adhesive 850 (7.1) 850 (7.1) Antichafe Coating 660 (5.5) 660 (5.5) Bearing Coating 620 (5.2) 620 (5.2) Caulking and Smoothing Compounds 850 (7.1) 850 (7.1) Chemical Agent-Resistant Coating 550 (4.6) 550 (4.6) Clear Coating 720 (6.0) 720 (6.0) Commercial Exterior Aerodynamic Structure Primer 650 (5.4) 650 (5.4) Compatible Substrate Primer 780 (6.5) 780 (6.5) Corrosion Prevention System 710 (5.9) 710 (5.9) Cryogenic Flexible Primer 645 (5.4) 645 (5.4) Cryoprotective Coating 600 (5.0) 600 (5.0) Dry Lubricative Material 880 (7.3) 880 (7.3) Electric or Radiation-Effect Coating 800 (6.7) 800 (6.7) Electrostatic Discharge and Electromagnetic Interference (EMI) Coating 800 (6.7) 800 (6.7) Elevated-Temperature Skydrol-Resistant Commercial Primer 740 (6.2) 740 (6.2) Epoxy Polyamide Topcoat 660 (5.5) 660 (5.5) Fire-Resistant (interior) Coating 800 (6.7) 800 (6.7) Flexible Primer 640 (5.3) 640 (5.3) Flight-Test Coatings: Missile or Single Use Aircraft 420 (3.5) 420 (3.5) Flight-Test Coatings: All Other 840 (7.0) 840 (7.0) Fuel-Tank Coating 720 (6.0) 720 (6.0) High-Temperature Coating 850 (7.1) 850 (7.1) Insulation Covering 740 (6.2) 740 (6.2) Intermediate Release Coating 750 (6.3) 750 (6.3) Lacquer 830 (6.9) 830 (6.9) Bonding Maskant 1,230 (10.3) 1,230 (10.3) Critical Use and Line Sealer Maskant 1,020 (8.5) 1,020 (8.5) Seal Coat Maskant 1,230 (10.3) 1,230 (10.3) Metallized Epoxy Coating 740 (6.2) 740 (6.2) Mold Release 780 (6.5) 780 (6.5) Optical Anti-Reflective Coating 750 (6.3) 750 (6.3) Part Marking Coating 850 (7.1) 850 (7.1) Pretreatment Coating 780 (6.5) 780 (6.5) Rain Erosion-Resistant Coating 850 (7.1) 850 (7.1) Rocket Motor Nozzle Coating 660 (5.5) 660 (5.5) Scale Inhibitor 880 (7.3) 880 (7.3) Screen Print Ink 840 (7.0) 840 (7.0) Extrudable/Rollable/Brushable Sealant 280 (2.3) 280 (2.3) Sprayable Sealant 600 (5.0) 600 (5.0) Silicone Insulation Material 850 (7.1) 850 (7.1) Solid Film Lubricant 880 (7.3) 880 (7.3) Specialized Function Coating 890 (7.4) 890 (7.4) Temporary Protective Coating 320 (2.7) 320 (2.7) Thermal Control Coating 800 (6.7) 800 (6.7) Wet Fastener Installation Coating 675 (5.6) 675 (5.6) Wing Coating 850 (7.1) 850 (7.1) 1 (d) Controlled coatings—control system requirements. (e) Compliance methods (1) Use primers, topcoats (including self-priming topcoats), and specialty coatings with HAP and VOC content levels equal to or less than the limits specified in paragraphs (c)(1) through (6) of this section; or (2) Use the averaging provisions described in § 63.743(d). (f) Application equipment (1) All spray applied primers, topcoats (including self-priming topcoats), and specialty coatings shall be applied using one or more of the spray application techniques specified in paragraphs (f)(1)(i) through (f)(1)(v) of this section. (i) High volume low pressure (HVLP) spraying; (ii) Electrostatic spray application; (iii) Airless spray application; (iv) Air-assisted airless spray application; or (v) Any other coating spray application methods that achieve emission reductions or a transfer efficiency equivalent to or better than HVLP spray, electrostatic spray, airless spray, or air-assisted airless spray application methods as determined according to the requirements in § 63.750(i). (2) All coating spray application devices used to apply primers, topcoats (including self-priming topcoats), or specialty coatings shall be operated according to company procedures, local specified operating procedures, and/or the manufacturer's specifications, whichever is most stringent, at all times. Spray application equipment modified by the facility shall maintain a transfer efficiency equivalent to HVLP spray, electrostatic spray, airless spray, or air-assisted airless spray application techniques. (3) The following situations are exempt from the requirements of paragraph (f)(1) of this section: (i) Any situation that normally requires an extension on the spray gun to properly reach limited access spaces; (ii) The application of coatings that contain fillers that adversely affect atomization with HVLP spray guns; (iii) The application of coatings that normally have a dried film thickness of less than 0.0013 centimeter (0.0005 in.) and that the permitting agency has determined cannot be applied by any of the application methods specified in paragraph (f)(1) of this section; (iv) The use of airbrush application methods for stenciling, lettering, and other identification markings, and the spray application of no more than 3.0 fluid ounces of coating in a single application ( i.e. (v) The use of hand-held non-refillable aerosol containers; (vi) Touch-up and repair operations; (vii) Adhesives, sealants, maskants, caulking materials, and inks; and (viii) The application of coatings that contain less than 20 grams of VOC per liter of coating. (g) Inorganic HAP emissions (1) Apply these coatings in a booth, hangar, or portable enclosure in which air flow is directed downward onto or across the part or assembly being coated and exhausted through one or more outlets. (2) Control the air stream from this operation as follows: (i) For existing sources, the owner or operator must choose one of the following: (A) Before exhausting it to the atmosphere, pass the air stream through a dry particulate filter system certified using the methods described in § 63.750(o) to meet or exceed the efficiency data points in Tables 2 and 3 of this section; or Table 2—Two-Stage Arrestor; Liquid Phase Challenge for Existing Sources Filtration efficiency Aerodynamic particle size range, µm >90 >5.7 >50 >4.1 >10 >2.2 Table 3—Two-Stage Arrestor; Solid Phase Challenge for Existing Sources Filtration efficiency Aerodynamic particle size range, µm >90 >8.1 >50 >5.0 >10 >2.6 (B) Before exhausting it to the atmosphere, pass the air stream through a waterwash system that shall remain in operation during all coating application operations; or (C) Before exhausting it to the atmosphere, pass the air stream through an air pollution control system that meets or exceeds the efficiency data points in Tables 2 and 3 of this section and is approved by the permitting authority. (ii) For new sources, either: (A) Before exhausting it to the atmosphere, pass the air stream through a dry particulate filter system certified using the methods described in § 63.750(o) to meet or exceed the efficiency data points in Tables 4 and 5 of this section; or Table 4—Three-Stage Arrestor; Liquid Phase Challenge for New Sources Filtration efficiency Aerodynamic particle size range, µm >95 >2.0 >80 >1.0 >65 >0.42 Table 5—Three-Stage Arrestor; Solid Phase Challenge for New Sources Filtration efficiency Aerodynamic particle size range, µm >95 >2.5 >85 >1.1 >75 >0.70 (B) Before exhausting it to the atmosphere, pass the air stream through an air pollution control system that meets or exceeds the efficiency data points in Tables 4 and 5 of this section and is approved by the permitting authority. (iii) Owners or operators of new sources that have commenced construction or reconstruction after June 6, 1994 but prior to October 29, 1996 may comply with the following requirements in lieu of the requirements in paragraph (g)(2)(ii) of this section: (A) Pass the air stream through either a two-stage dry particulate filter system or a waterwash system before exhausting it to the atmosphere. (B) If the primer, topcoat, or specialty coating contains chromium or cadmium, control shall consist of a HEPA filter system, three-stage filter system, or other control system equivalent to the three-stage filter system as approved by the permitting agency. (iv) If a dry particulate filter system is used, the following requirements shall be met: (A) Maintain the system in good working order; (B) Install a differential pressure gauge across the filter banks; (C) Continuously monitor the pressure drop across the filter and read and record the pressure drop once per shift, or install an interlock system that will automatically shut down the coating spray application system if the pressure drop exceeds or falls below the filter manufacturer's recommended limit(s); and (D) Take corrective action when the pressure drop exceeds or falls below the filter manufacturer's recommended limit(s). (v) If a conventional waterwash system is used, continuously monitor the water flow rate and read and record the water flow rate once per shift, or install an interlock system that will automatically shut down the coating spray application system if the water flow rate falls below or exceeds the limit(s) specified by the booth manufacturer or in locally prepared operating procedures. If a pumpless system is used, continuously monitor the booth parameter(s) that indicate performance of the booth per the manufacturer's recommendations to maintain the booth within the acceptable operating efficiency range and read and record the parameters once per shift, or install an interlock system that will automatically shut down the coating spray application system if the booth parameters are outside the parameter range in the manufacturer's recommendations. (3) If the pressure drop across the dry particulate filter system, as recorded pursuant to § 63.752(d)(1), is outside the limit(s) specified by the filter manufacturer or in locally prepared operating procedures, shut down the operation immediately and take corrective action. If the water path in the waterwash system fails the visual continuity/flow characteristics check, or the water flow rate recorded pursuant to § 63.752(d)(2) exceeds the limit(s) specified by the booth manufacturer or in locally prepared operating procedures, or the booth manufacturer's or locally prepared maintenance procedures for the filter or waterwash system have not been performed as scheduled, shut down the operation immediately and take corrective action. The operation shall not be resumed until the pressure drop or water flow rate is returned within the specified limit(s). (4) The requirements of paragraphs (g)(1) through (g)(3) of this section do not apply to the following: (i) Touch-up of scratched surfaces or damaged paint; (ii) Hole daubing for fasteners; (iii) Touch-up of trimmed edges; (iv) Coating prior to joining dissimilar metal components; (v) Stencil operations performed by brush or air brush; (vi) Section joining; (vii) Touch-up of bushings and other similar parts; (viii) Sealant detackifying; (ix) Spray application of primers, topcoats, and specialty coatings in an area identified in a title V permit, where the permitting authority has determined that it is not technically feasible to spray apply coatings to the parts in a booth; (x) The use of hand-held non-refillable aerosol containers; and (xi) The spray application of no more than 3.0 fluid ounces of coating in a single application ( i.e. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15019, Mar. 27, 1998; 63 FR 46533, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76181, Dec. 7, 2015] § 63.746 Standards: Depainting operations. (a) Applicability. (1) The provisions of this section apply to the depainting of the outer surface areas of completed aerospace vehicles, including the fuselage, wings, and vertical and horizontal stabilizers of the aircraft, and the outer casing and stabilizers of missiles and rockets. These provisions do not apply to the depainting of parts or units normally removed from the aerospace vehicle for depainting. However, depainting of wings and stabilizers is always subject to the requirements of this section regardless of whether their removal is considered by the owner or operator to be normal practice for depainting. (2) Aerospace vehicles or components that are intended for public display, no longer operational, and not easily capable of being moved are exempt from the requirements of this section. (3) The following depainting operations are exempt from the requirements of this section: (i) Depainting of radomes; and (ii) Depainting of parts, subassemblies, and assemblies normally removed from the primary aircraft structure before depainting. (b)(1) HAP emissions—non-HAP chemical strippers and technologies. (2) Where non-chemical based equipment is used to comply with paragraph (b)(1) of this section, either in total or in part, each owner or operator shall operate and maintain the equipment according to the manufacturer's specifications or locally prepared operating procedures. During periods of malfunctions of such equipment, each owner or operator may use substitute materials during the repair period provided the substitute materials used are those available that minimize organic HAP emissions. In no event shall substitute materials be used for more than 15 days annually, unless such materials are organic HAP-free. (3) Each owner or operator of a new or existing depainting operation shall not, on an annual average basis, use more than 26 gallons of organic HAP-containing chemical strippers or alternatively 190 pounds of organic HAP per commercial aircraft depainted; or more than 50 gallons of organic HAP-containing chemical strippers or alternatively 365 pounds of organic HAP per military aircraft depainted for spot stripping and decal removal. (4) Each owner or operator of a new or existing depainting operation complying with paragraph (b)(2), that generates airborne inorganic HAP emissions from dry media blasting equipment, shall also comply with the requirements specified in paragraphs (b)(4)(i) through (b)(4)(v) of this section. (i) Perform the depainting operation in an enclosed area, unless a closed-cycle depainting system is used. (ii)(A) For existing sources, pass any air stream removed from the enclosed area or closed-cycle depainting system through a dry particulate filter system, certified using the method described in § 63.750(o) to meet or exceed the efficiency data points in Tables 2 and 3 of § 63.745, through a baghouse, or through a waterwash system before exhausting it to the atmosphere. (B) For new sources, pass any air stream removed from the enclosed area or closed-cycle depainting system through a dry particulate filter system certified using the method described in § 63.750(o) to meet or exceed the efficiency data points in Tables 4 and 5 of § 63.745 or through a baghouse before exhausting it to the atmosphere. (C) Owners or operators of new sources that have commenced construction or reconstruction after June 6, 1994 but prior to October 29, 1996 may comply with the following requirements in lieu of the requirements in paragraph (b)(4)(ii)(B) of this section: ( 1 ( 2 (iii) If a dry particulate filter system is used, the following requirements shall be met: (A) Maintain the system in good working order; (B) Install a differential pressure gauge across the filter banks; (C) Continuously monitor the pressure drop across the filter, and read and record the pressure drop once per shift; and (D) Take corrective action when the pressure drop exceeds or falls below the filter manufacturer's recommended limits. (iv) If a waterwash system is used, continuously monitor the water flow rate, and read and record the water flow rate once per shift. (v) If the pressure drop, as recorded pursuant to § 63.752(e)(7), is outside the limit(s) specified by the filter manufacturer or in locally prepared operating procedures, whichever is more stringent, shut down the operation immediately and take corrective action. If the water path in the waterwash system fails the visual continuity/flow characteristics check, as recorded pursuant to § 63.752(e)(7), or the water flow rate, as recorded pursuant to § 63.752(d)(2), exceeds the limit(s) specified by the booth manufacturer or in locally prepared operating procedures, or the booth manufacturer's or locally prepared maintenance procedures for the filter or waterwash system have not been performed as scheduled, shut down the operation immediately and take corrective action. The operation shall not be resumed until the pressure drop or water flow rate is returned within the specified limit(s). (5) Mechanical and hand sanding operations are exempt from the requirements in paragraph (b)(4) of this section. (c) Organic HAP emissions—organic HAP-containing chemical strippers. (1) All organic HAP emissions from the operation shall be reduced by the use of a control system. Each control system that was installed before the effective date shall reduce the operations' organic HAP emissions to the atmosphere by 81 percent or greater, taking into account capture and destruction or removal efficiencies. (2) Each control system installed on or after the effective date shall reduce organic HAP emissions to the atmosphere by 95 percent or greater. Reduction shall take into account capture and destruction or removal efficiencies, and may take into account the volume of chemical stripper used relative to baseline levels (e.g., the 95 percent efficiency may be achieved by controlling emissions at 81 percent efficiency with a control system and using 74 percent less stripper than in baseline applications). The baseline shall be calculated using data from 1996 and 1997, which shall be on a usage per aircraft or usage per square foot of surface basis. (3) The capture and destruction or removal efficiencies are to be determined using the procedures in § 63.750(g) when a carbon adsorber is used and those in § 63.750(h) when a control device other than a carbon adsorber is used. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15020, Mar. 27, 1998; 63 FR 46533, Sept. 1, 1998; 80 FR 76184, Dec. 7, 2015] § 63.747 Standards: Chemical milling maskant application operations. (a) Each owner or operator of a new or existing chemical milling maskant operation subject to this subpart shall comply with the requirements specified in paragraph (c) of this section for those chemical milling maskants that are uncontrolled (no control device is used to reduce organic HAP emissions from the operation) and in paragraph (d) of this section for those chemical milling maskants that are controlled (organic HAP emissions from the operation are reduced by the use of a control device). (b) Each owner or operator shall conduct the handling and transfer of chemical milling maskants to or from containers, tanks, vats, vessels, and piping systems in such a manner that minimizes spills. (c) Uncontrolled maskants—organic HAP and VOC content levels. (1) Organic HAP emissions from chemical milling maskants shall be limited to organic HAP content levels of no more than 622 grams of organic HAP per liter (5.2 lb/gal) of Type I chemical milling maskant (less water) as applied, and no more than 160 grams of organic HAP per liter (1.3 lb/gal) of Type II chemical milling maskant (less water) as applied. (2) VOC emissions from chemical milling maskants shall be limited to VOC content levels of no more than 622 grams of VOC per liter (5.2 lb/gal) of Type I chemical milling maskant (less water and exempt solvents) as applied, and no more than 160 grams of VOC per liter (1.3 lb/gal) of Type II chemical milling maskant (less water and exempt solvents) as applied. (3) The requirements of paragraphs (c)(1) and (c)(2) of this section do not apply to the following: (i) Touch-up of scratched surfaces or damaged maskant; and (ii) Touch-up of trimmed edges. (d) Controlled maskants—control system requirements. (e) Compliance methods. (1) Use chemical milling maskants with HAP and VOC content levels equal to or less than the limits specified in paragraphs (c)(1) and (c)(2) of this section. (2) Use the averaging provisions described in § 63.743(d). [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998] § 63.748 Standards: Handling and storage of waste. (a) The owner or operator of each facility subject to this subpart that produces a waste that contains organic HAP from aerospace primer, topcoat, specialty coating, chemical milling maskant, or chemical depainting operations must be handled and stored as specified in paragraph (a)(1) or (a)(2) of this section. The requirements of paragraphs (a)(1) and (a)(2) of this section do not apply to spent wastes that contain organic HAP that are subject to and handled and stored in compliance with 40 CFR parts 262 through 268 (including the air emission control requirements in 40 CFR part 265, subpart CC). (1) Conduct the handling and transfer of the waste to or from containers, tanks, vats, vessels, and piping systems in such a manner that minimizes spills. (2) Store all waste that contains organic HAP in closed containers. (b) [Reserved] [80 FR 76184, Dec. 7, 2015] § 63.749 Compliance dates and determinations. (a) Compliance dates (2) Owners or operators of existing primer, topcoat, or specialty coating application operations and depainting operations who construct or reconstruct a spray booth or hangar must comply with the new source requirements for inorganic HAP specified in §§ 63.745(g)(2)(ii) and 63.746(b)(4) for that new spray booth or hangar upon startup. Such sources must still comply with all other existing source requirements by September 1, 1998. (3) Each owner or operator of a specialty coating application operation or handling and storage of waste operation that begins construction or reconstruction after February 17, 2015, shall be in compliance with the requirements of this subpart on December 7, 2015, or upon startup, whichever is later. Each owner or operator of a specialty coating application operation or handling and storage of waste operation that is existing on February 17, 2015, shall be in compliance with the requirements of this subpart on or before December 7, 2018. (b) General (c) Cleaning operations. (1) Hand-wipe cleaning. (2) Spray gun cleaning. (i) One of the four techniques specified in § 63.744 (c)(1) through (c)(4) is used; (ii) The technique selected is operated according to the procedures specified in § 63.744 (c)(1) through (c)(4) as appropriate; and (iii) If an enclosed system is used, monthly visual inspections are conducted and any leak detected is repaired within 15 days after detection. If the leak is not repaired by the 15th day after detection, the solvent shall be removed and the enclosed cleaner shall be shut down until the cleaner is repaired or its use is permanently discontinued. (3) Flush cleaning. (d) Organic HAP and VOC content levels—primer, topcoat, and specialty coating application operations Performance test periods. (2) Initial performance tests. (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual carbon adsorber vessels pursuant to § 63.750(g) (2) or (4), the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all of the individual carbon adsorber vessels. (B) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel pursuant to § 63.750(g) (3) or (4), each carbon adsorber vessel shall be tested individually. The test for each carbon adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis. (v) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (3) The primer application operation is considered in compliance when the conditions specified in paragraphs (d)(3)(i) through (d)(3)(iv) of this section, as applicable, and in paragraph (e) of this section are met. Failure to meet any one of the conditions identified in these paragraphs shall constitute noncompliance. The compliance demonstration for a primer may be based on the organic HAP content or the VOC content of the primer; demonstrating compliance with both the HAP content limit and the VOC content limit is not required. If a primer contains HAP solvents that are exempt from the definition of VOC in § 63.741 and 40 CFR 51.100, then the HAP content must be used to demonstrate compliance. (i) For all uncontrolled primers, all values of H i a i a (ii) If a control device is used: (A) The overall control system efficiency, E k (B) If an incinerator other than a catalytic incinerator is used, the average combustion temperature for all 3-hour periods is greater than or equal to the average combustion temperature established under § 63.751(b)(11); and (C) If a catalytic incinerator is used, the average combustion temperatures for all 3-hour periods are greater than or equal to the average combustion temperatures established under § 63.751(b)(12). (iii)(A) Uses an application technique specified in § 63.745 (f)(1)(i) through (f)(1)(viii), or (B) Uses an alternative application technique, as allowed under § 63.745(f)(1)(ix), such that the emissions of both organic HAP and VOC for the implementation period of the alternative application method are less than or equal to the emissions generated using HVLP or electrostatic spray application methods as determined using the procedures specified in § 63.750(i). (iv) Operates all application techniques in accordance with the manufacturer's specifications or locally prepared operating procedures, whichever is more stringent. (4) The topcoat or specialty coating application operation is considered in compliance when the conditions specified in paragraphs (d)(4)(i) through (d)(4)(iv) of this section, as applicable, and in paragraph (e) of this section are met. Failure to meet any of the conditions identified in these paragraphs shall constitute noncompliance. (i) The topcoat application operation is considered in compliance when the conditions specified in paragraph (d)(4)(i)(A) of this section are met. The specialty coating application operation is considered in compliance when the conditions specified in paragraph (d)(4)(i)(B) are met. The compliance demonstration for a topcoat or a specialty coating may be based on the organic HAP content or the VOC content of the coating; demonstrating compliance with both the HAP content limit and the VOC content limit is not required. If a topcoat or specialty coating contains HAP solvents that are exempt from the definition of VOC in § 63.741 and 40 CFR 51.100, then the HAP content must be used to demonstrate compliance. (A) For all uncontrolled topcoats, all values of H i a i a (B) For all uncontrolled specialty coatings, all values of H i a i a (ii) If a control device is used, (A) The overall control system efficiency, E k (B) If an incinerator other than a catalytic incinerator is used, the average combustion temperature for all 3-hour periods is greater than or equal to the average combustion temperature established under § 63.751(b)(11); and (C) If a catalytic incinerator is used, the average combustion temperatures for all 3-hour periods are greater than or equal to the average combustion temperatures established under § 63.751(b)(12). (iii)(A) Uses an application technique specified in § 63.745(f)(1)(i) through (f)(1)(iv); or (B) Uses an alternative application technique, as allowed under § 63.745(f)(1)(v), such that the emissions of both organic HAP and VOC for the implementation period of the alternative application method are less than or equal to the emissions generated using HVLP spray, electrostatic spray, airless spray, or air-assisted airless spray application methods, as determined using the procedures specified in § 63.750(i). (iv) Operates all application techniques in accordance with the manufacturer's specifications or locally prepared operating procedures. (e) Inorganic HAP emissions—primer, topcoat, and specialty coating application operations. (1) It is operated according to the requirements specified in § 63.745(g)(1) through (g)(3); and (2) It is shut down immediately whenever the pressure drop or water flow rate is outside the limit(s) established for them and is not restarted until the pressure drop or water flow rate is returned within these limit(s), as required under § 63.745(g)(3). (f) Organic HAP emissions—Depainting operations Performance test periods. (2) Initial performance tests. (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual carbon adsorber vessels pursuant to § 63.750(g)(2) or (4), the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all of the individual carbon adsorber vessels. (B) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel pursuant to § 63.750(g) (3) or (4), each carbon adsorber vessel shall be tested individually. The test for each carbon adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis. (v) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (3) An organic HAP-containing chemical stripper depainting operation is considered in compliance when the conditions specified in paragraph (g)(3)(i) of this section are met. (i) If a carbon adsorber (or other control device) is used, the overall control efficiency of the control system, as determined using the procedures specified in § 63.750(g) (or other control device as determined using the procedures specified in § 63.750(h)), is equal to or greater than 81% for control systems installed before the effective date, or equal to or greater than 95% for control systems installed on or after the effective date, during the initial performance test and all subsequent material balances (or performance tests, as appropriate). (ii) For non-HAP depainting operations complying with § 63.746(b)(1); (A) For any spot stripping and decal removal, the value of C, as determined using the procedures specified in § 63.750(j), is less than or equal to 26 gallons of organic HAP-containing chemical stripper or 190 pounds of organic HAP per commercial aircraft depainted calculated on a yearly average; and is less than or equal to 50 gallons of organic HAP-containing chemical stripper or 365 pounds of organic HAP per military aircraft depainted calculated on a yearly average; and (B) The requirements of § 63.746(b)(2) are carried out during malfunctions of non-chemical based equipment. (g) Inorganic HAP emissions—depainting operations. (1) The operating requirements specified in § 63.746(b)(4) are followed; and (2) It is shut down immediately whenever the pressure drop or water flow rate is outside the limit(s) established for them and is not restarted until the pressure drop or water flow rate is returned within these limit(s), as required under § 63.746(b)(4)(v). (h) Chemical milling maskant application operations Performance test periods. (2) Initial performance tests. (i)(A) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual carbon adsorber vessels pursuant to § 63.750(g) (2) or (4), the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all of the individual carbon adsorber vessels. (B) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel pursuant to § 63.750(g) (3) or (4), each carbon adsorber vessel shall be tested individually. The test for each carbon adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (ii) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (iii) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (iv) EPA Method 3 of appendix A of part 60 is used for gas analysis. (v) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (vi) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (3) The chemical milling maskant application operation is considered in compliance when the conditions specified in paragraphs (i)(3)(i) and (ii) of this section are met. The compliance demonstration for a chemical milling maskant may be based on the organic HAP content or the VOC content of the chemical milling maskant; demonstrating compliance with both the HAP content limit and the VOC content limit is not required. If a chemical milling maskant contains HAP solvents that are exempt from the definition of VOC in § 63.741 and 40 CFR 51.100, then the HAP content must be used to demonstrate compliance. (i) For all uncontrolled chemical milling maskants, all values of H i a i a (ii) If a carbon adsorber (or other control device) is used, the overall control efficiency of the control system, as determined using the procedures specified in § 63.750(g) (or systems with other control devices as determined using the procedures specified in § 63.750(h)), is equal to or greater than 81% during the initial performance test period and all subsequent material balances (or performance tests, as appropriate). (i) Handling and storage of waste. (j) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator or an applicable subpart. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 80 FR 76184, Dec. 7, 2015; 81 FR 51116, Aug. 3, 2016] § 63.750 Test methods and procedures. (a) Composition determination. (b) Vapor pressure determination. (1) For single-component hand-wipe cleaning solvents, the vapor pressure shall be determined using MSDS or other manufacturer's data, standard engineering reference texts, or other equivalent methods. (2) The composite vapor pressure of a blended hand-wipe solvent shall be determined by quantifying the amount of each organic compound in the blend using manufacturer's supplied data or a gas chromatographic analysis in accordance with ASTM E 260-91 or 96 (incorporated by reference—see § 63.14 of subpart A of this part) and by calculating the composite vapor pressure of the solvent by summing the partial pressures of each component. The vapor pressure of each component shall be determined using manufacturer's data, standard engineering reference texts, or other equivalent methods. The following equation shall be used to determine the composite vapor pressure: where: W i W w W e MW i MW w MW e PP c VP i (c) Organic HAP content level determination—compliant primers, topcoats, and specialty coatings. (1) For coatings that contain no exempt solvents, determine the total organic HAP content using manufacturer's supplied data or Method 24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC content shall be used as a surrogate for total HAP content for coatings that contain no exempt solvent. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 24 analysis, compliance shall be based on the results from the Method 24 analysis. When Method 24 is used to determine the VOC content of water-reducible coatings, the precision adjustment factors in Reference Method 24 shall be used. If the adjusted analytical VOC content is less than the formulation solvent content, then the analytical VOC content should be set equal to the formulation solvent content. (2) For each coating formulation as applied, determine the organic HAP weight fraction, water weight fraction (if applicable), and density from manufacturer's data. If the value for organic HAP weight fraction cannot be determined using the manufacturer's data, the owner or operator shall use Method 311 of 40 CFR part 63, appendix A, or submit an alternative procedure for determining the value for approval by the Administrator. If the values for water weight fraction (if applicable) and density cannot be determined using the manufacturer's data, the owner or operator shall submit an alternative procedure for determining their values for approval by the Administrator. Recalculation is required only when a change occurs in the coating formulation. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 311 analysis, compliance shall be based on the results from the Method 311 analysis. (3) For each coating as applied, calculate the mass of organic HAP emitted per volume of coating (lb/gal) less water as applied using equations 1, 2, and 3: where: V wi D ci W wi D w where: M Hi D ci W Hi where: H i M Hi V wi (d) Organic HAP content level determination—averaged primers, topcoats, and specialty coatings. (1)(i) Determine the total organic HAP weight fraction as applied of each coating. If any ingredients, including diluent solvent, are added to a coating prior to its application, the organic HAP weight fraction of the coating shall be determined at a time and location in the process after all ingredients have been added. (ii) Determine the total organic HAP weight fraction of each coating as applied each month. (A) If no changes have been made to a coating, either as supplied or as applied, or if a change has been made that has a minimal effect on the organic HAP content of the coating, the value previously determined may continue to be used until a change in formulation has been made by either the manufacturer or the user. (B) If a change in formulation or a change in the ingredients added to the coating takes place, including the ratio of coating to diluent solvent, prior to its application, either of which results in a more than minimal effect on the organic HAP content of the coating, the total organic HAP weight fraction of the coating shall be redetermined. (iii) Manufacturer's formulation data may be used to determine the total organic HAP content of each coating and any ingredients added to the coating prior to its application. If the total organic HAP content cannot be determined using the manufacturer's data, the owner or operator shall use Method 311 of 40 CFR part 63, appendix A for determining the total organic HAP weight fraction, or shall submit an alternative procedure for determining the total organic HAP weight fraction for approval by the Administrator. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 311 analysis, compliance shall be based on the results from the Method 311 analysis. (2)(i) Determine the volume both in total gallons as applied and in total gallons (less water) as applied of each coating. If any ingredients, including diluent solvents, are added prior to its application, the volume of each coating shall be determined at a time and location in the process after all ingredients (including any diluent solvent) have been added. (ii) Determine the volume of each coating (less water) as applied each month, unless the permitting agency specifies a shorter period as part of an ambient ozone control program. (iii) The volume applied may be determined from company records. (3)(i) Determine the density of each coating as applied. If any ingredients, including diluent solvent, are added to a coating prior to its application, the density of the coating shall be determined at a time and location in the process after all ingredients have been added. (ii) Determine the density of each coating as applied each month, unless the permitting agency specifies a shorter period as part of an ambient ozone control program. (A) If no changes have been made to a coating, either as supplied or as applied, or if a change has been made that has a minimal effect on the density of the coating, then the value previously determined may continue to be used until a change in formulation has been made by either the manufacturer or the user. (B) If a change in formulation or a change in the ingredients added to the coating takes place, including the ratio of coating to diluent solvent, prior to its application, either of which results in a more than minimal effect on the density of the coating, then the density of the coating shall be redetermined. (iii) The density may be determined from company records, including manufacturer's data sheets. If the density of the coating cannot be determined using the company's records, including the manufacturer's data, then the owner or operator shall submit an alternative procedure for determining the density for approval by the Administrator. (4) Calculate the total volume in gallons as applied (less water) by summing the individual volumes of each coating (less water) as applied, which were determined under paragraph (d)(2) of this section. (5) Calculate the volume-weighted average mass of organic HAP in coatings emitted per unit volume (lb/gal) of coating (less water) as applied during each 30-day period using equation 4: where: H a n = number of coatings being averaged. W Hi D ci V ci C lw (e) VOC content level determination—compliant primers, topcoats, and specialty coatings. (1) Determine the VOC content of each formulation (less water and exempt solvents) as applied using manufacturer's supplied data or Method 24 of 40 CFR part 60, appendix A, to determine the VOC content. The VOC content shall be used as a surrogate for total HAP content for coatings that contain no exempt solvent. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 24 analysis, compliance shall be based on the results from the Method 24 analysis. When Method 24 is used to determine the VOC content of water-reducible coatings, the precision adjustment factors in Reference Method 24 shall be used. If the adjusted analytical VOC content is less than the formulation solvent content, then the analytical VOC content should be set equal to the formulation solvent content. (2) For each coating applied, calculate the mass of VOC emitted per volume of coating (lb/gal) (less water and exempt solvents) as applied using equations 5, 6, and 7: where: V wi D ci W wi D w where: M Vi D ci W Vi where: G i M Vi V wi V Xi (3)(i) If the VOC content is found to be different when EPA Method 24 is used during an enforcement inspection from that used by the owner or operator in calculating G a (ii) If the VOC content of a coating obtained using Method 24 would indicate noncompliance as determined under either § 63.749 (d)(3)(i) or (d)(4)(i), an owner or operator may elect to average the coating with other uncontrolled coatings and (re)calculate G i i a (f) VOC content level determination—averaged primers, topcoats, and specialty coatings (1)(i) Determine the VOC content (lb/gal) as applied of each coating. If any ingredients, including diluent solvent, are added to a coating prior to its application, the VOC content of the coating shall be determined at a time and location in the process after all ingredients have been added. (ii) Determine the VOC content of each coating as applied each month, unless the permitting agency specifies a shorter period as part of an ambient ozone control program. (A) If no changes have been made to a coating, either as supplied or as applied, or if a change has been made that has a minimal effect on the VOC content of the coating, the value previously determined may continue to be used until a change in formulation has been made by either the manufacturer or the user. (B) If a change in formulation or a change in the ingredients added to the coating takes place, including the ratio of coating to diluent solvent, prior to its application, either of which results in a more than minimal effect on the VOC content of the coating, the VOC content of the coating shall be redetermined. (iii) Determine the VOC content of each primer, topcoat, and specialty coating formulation (less water and exempt solvents) as applied using EPA Method 24 or from manufacturer's data. (2)(i) Determine the volume both in total gallons as applied and in total gallons (less water and exempt solvents) as applied of each coating. If any ingredients, including diluent solvents, are added prior to its application, the volume of each coating shall be determined at a time and location in the process after all ingredients (including any diluent solvent) have been added. (ii) Determine the volume of each coating (less water and exempt solvents) as applied each day. (iii) The volume applied may be determined from company records. (3) Calculate the total volume in gallons (less water and exempt solvents) as applied by summing the individual volumes of each coating (less water and exempt solvents) as applied, which were determined under paragraph (f)(2) of this section. (4) Calculate the volume-weighted average mass of VOC emitted per unit volume (lb/gal) of coating (less water and exempt solvents) as applied for each coating category during each 30-day period using equation 8: where: G a n = number of coatings being averaged. (VOC) ci V ci C lwes (5)(i) If the VOC content is found to be different when EPA Method 24 is used during an enforcement inspection from that used by the owner or operator in calculating G a a (ii) If recalculation is required, an owner or operator may elect to include in the recalculation of G a (iii) The recalculated value of G a (g) Overall VOC and/or organic HAP control efficiency—carbon adsorber. (1) To demonstrate initial and continuous compliance with § 63.745(d), § 63.746(c), or § 63.747(d) when emissions are controlled by a dedicated solvent recovery device, each owner or operator of the affected operation may perform a liquid-liquid HAP or VOC material balance over rolling 7- to 30-day periods in lieu of demonstrating compliance through the methods in paragraph (g)(2), (g)(3), or (g)(4) of this section. Results of the material balance calculations performed to demonstrate initial compliance shall be submitted to the Administrator with the notification of compliance status required by § 63.9(h) and by § 63.753 (c)(1)(iv), (d)(3)(i), and (e)(3). When demonstrating compliance by this procedure, § 63.7(e)(3) of subpart A does not apply. The amount of liquid HAP or VOC applied and recovered shall be determined as discussed in paragraph (g)(1)(iii) of this section. The overall HAP or VOC emission reduction (R) is calculated using equation 9: (i) The value of RS i i (A) Measurement techniques; and (B) Documentation that the measured value of RS i (ii) The measurement techniques of paragraph (g)(1)(i)(A) of this section shall be submitted to the Administrator for approval with the notification of performance test required under § 63.7(b). (iii) Each owner or operator demonstrating compliance by the test method described in paragraph (g)(1) of this section shall: (A) Measure the amount of coating or stripper as applied; (B) Determine the VOC or HAP content of all coating and stripper applied using the test method specified in § 63.750(c) (1) through (3) or (e) (1) and (2) of this section; (C) Install, calibrate, maintain, and operate, according to the manufacturer's specifications, a device that indicates the amount of HAP or VOC recovered by the solvent recovery device over rolling 7- to 30-day periods; the device shall be certified by the manufacturer to be accurate to within ±2.0 percent, and this certification shall be kept on record; (D) Measure the amount of HAP or VOC recovered; and (E) Calculate the overall HAP or VOC emission reduction (R) for rolling 7- to 30-day periods using equation 9. (F) Compliance is demonstrated if the value of R is equal to or greater than the overall HAP control efficiencies required by § 63.745(d), § 63.746(c), or § 63.747(d). (2) To demonstrate initial compliance with § 63.745(d), § 63.746(c), or § 63.747(d) when affected HAP emission points are controlled by an emission control device other than a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel, each owner or operator of an affected source shall perform a gaseous emission test using the following procedures. (i) Construct the overall HAP emission reduction system so that all volumetric flow rates and total HAP or VOC emissions can be accurately determined by the applicable test methods and procedures specified in § 63.750(g) (9) through (14). (ii) Determine capture efficiency from the HAP emission points by capturing, venting, and measuring all HAP emissions from the HAP emission points. During a performance test, the owner or operator of affected HAP emission points located in an area with other gaseous emission sources not affected by this subpart shall isolate the affected HAP emission points from all other gaseous emission points by one of the following methods: (A) Build a temporary total enclosure around the affected HAP emission point(s); or (B) Shut down all gaseous emission points not affected by this subpart and continue to exhaust fugitive emissions from the affected HAP emission points through any building ventilation system and other room exhausts such as drying ovens. All ventilation air must be vented through stacks suitable for testing. (iii) Operate the emission control device with all affected HAP emission points connected and operating. (iv) Determine the efficiency (E) of the control device using equation 10: (v) Determine the efficiency (F) of the capture system using equation 11: (vi) For each HAP emission point subject to § 63.745(d), § 63.746(c), or § 63.747(d), compliance is demonstrated if the product of (E) × (F) is equal to or greater than the overall HAP control efficiencies required under § 63.745(d), § 63.746(c), or § 63.747(d). (3) To demonstrate compliance with § 63.745(d), § 63.746(c), or § 63.747(d) when affected HAP emission points are controlled by a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel, each owner or operator of an affected source shall perform a gaseous emission test using the following procedures: (i) Construct the overall HAP emission reduction system so that each volumetric flow rate and the total HAP emissions can be accurately determined by the applicable test methods and procedures specified in § 63.750(g) (9) through (14); (ii) Assure that all HAP emissions from the affected HAP emission point(s) are segregated from gaseous emission points not affected by this subpart and that the emissions can be captured for measurement, as described in paragraphs (g)(2)(ii) (A) and (B) of this section; (iii) Operate the emission control device with all affected HAP emission points connected and operating; (iv) Determine the efficiency (H v (v) Determine the efficiency of the carbon adsorption system (H sys hv (vi) Determine the efficiency (F) of the capture system using equation 11. (vii) For each HAP emission point subject to § 63.745(d), § 63.746(c), or § 63.747(d), compliance is demonstrated if the product of (H sys (4) An alternative method of demonstrating compliance with § 63.745(d), § 63.746(c), or § 63.747(d) is the installation of a total enclosure around the affected HAP emission point(s) and the ventilation of all HAP emissions from the total enclosure to a control device with the efficiency specified in paragraph (g)(4)(iii) of this section. If this method is selected, the compliance test methods described in paragraphs (g)(1), (g)(2), and (g)(3) of this section are not required. Instead, each owner or operator of an affected source shall: (i) Demonstrate that a total enclosure is installed. An enclosure that meets the requirements in paragraphs (g)(4)(i) (A) through (D) of this section shall be considered a total enclosure. The owner or operator of an enclosure that does not meet these requirements may apply to the Administrator for approval of the enclosure as a total enclosure on a case-by-case basis. The enclosure shall be considered a total enclosure if it is demonstrated to the satisfaction of the Administrator that all HAP emissions from the affected HAP emission point(s) are contained and vented to the control device. The requirements for automatic approval are as follows: (A) The total area of all natural draft openings shall not exceed 5% of the total surface area of the total enclosure's walls, floor, and ceiling; (B) All sources of emissions within the enclosure shall be a minimum of four equivalent diameters away from each natural draft opening; (C) The average inward face velocity (FV) across all natural draft openings shall be a minimum of 3,600 meters per hour as determined by the following procedures: ( 1 ( 2 (D) The air passing through all natural draft openings shall flow into the enclosure continuously. If FV is less than or equal to 9,000 meters per hour, the continuous inward flow of air shall be verified by continuous observation using smoke tubes, streamers, tracer gases, or other means approved by the Administrator over the period that the volumetric flow rate tests required to determine FV are carried out. If FV is greater than 9,000 meters per hour, the direction of airflow through the natural draft openings shall be presumed to be inward at all times without verification. (ii) Determine the control device efficiency using equation 10 or equations 12 and 13, as applicable, and the test methods and procedures specified in § 63.750(g) (9) through (14). (iii) Compliance shall be achieved if the installation of a total enclosure is demonstrated and the value of E determined from equation 10 (or the value of H sys (5) When nonregenerative carbon adsorbers are used to comply with § 63.745(d), § 63.746(c), or § 63.747(d), the owner or operator may conduct a design evaluation to demonstrate initial compliance in lieu of following the compliance test procedures of paragraphs (g)(1), (2), (3), and (4) of this section. The design evaluation shall consider the vent stream composition, component concentrations, flow rate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, capacity of the carbon bed, type and working capacity of activated carbon used for the carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and the emission point operating schedule. (6)(i) To demonstrate initial compliance with § 63.745(d), § 63.746(c), or § 63.747(d) when hard piping or ductwork is used to direct VOC and HAP emissions from a VOC and HAP source to the control device, each owner or operator shall demonstrate upon inspection that the criteria of paragraph (g)(6)(i)(A) and paragraph (g)(6)(i) (B) or (C) of this section VR/FD are met. (A) The equipment shall be vented to a control device. (B) The control device efficiency (E or H sys (C) When a nonregenerative carbon adsorber is used, the ductwork from the affected emission point(s) shall be vented to the control device and the carbon adsorber shall be demonstrated, through the procedures of § 63.750(g) (1), (2), (3), (4), or (5), to meet the requirements of § 63.745(d), § 63.746(c), or § 63.747(d). (7) Startups and shutdowns are normal operation for this source category. Emissions from these activities are to be included when determining if the standards specified in § 63.745(d), § 63.746(c), or § 63.747(d) are being attained. (8) An owner or operator who uses compliance techniques other than those specified in this subpart shall submit a description of those compliance procedures, subject to the Administrator's approval, in accordance with § 63.7(f) of subpart A. (9) Either EPA Method 18 or EPA Method 25A of appendix A of part 60, as appropriate to the conditions at the site, shall be used to determine VOC and HAP concentration of air exhaust streams as required by § 63.750(g) (1) through (6). The owner or operator shall submit notice of the intended test method to the Administrator for approval along with the notification of the performance test required under § 63.7(b). Method selection shall be based on consideration of the diversity of organic species present and their total concentration and on consideration of the potential presence of interfering gases. Except as indicated in paragraphs (g)(9) (i) and (ii) of this section, the test shall consist of three separate runs, each lasting a minimum of 30 minutes. (i) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with a common exhaust stack for all the individual carbon adsorber vessels pursuant to paragraph (g) (2) or (4) of this section, the test shall consist of three separate runs, each coinciding with one or more complete sequences through the adsorption cycles of all of the individual carbon adsorber vessels. (ii) When either EPA Method 18 or EPA Method 25A is to be used in the determination of the efficiency of a fixed-bed carbon adsorption system with individual exhaust stacks for each carbon adsorber vessel pursuant to § 63.750(g) (3) or (4), each carbon adsorber vessel shall be tested individually. The test for each carbon adsorber vessel shall consist of three separate runs. Each run shall coincide with one or more complete adsorption cycles. (10) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (11) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (12) EPA Method 3 of appendix A of part 60 is used for gas analysis. (13) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (14) EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (h) Overall VOC and/or organic HAP control efficiency—control devices other than carbon adsorbers. (1) Calculate the overall control efficiency using equation 15: where: E k R k F k (2) The organic HAP destruction or removal efficiency R k (i) Use Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, to select the sampling sites. (ii) Determine the gas volumetric flow rate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A, as appropriate. (iii) Use Method 18 of 40 CFR part 60, appendix A, to measure either TOC minus methane and ethane or total organic HAP. Alternatively, any other method or data that have been validated according to the applicable procedures in Method 301 of this part may be used. (iv) Use the following procedure to calculate the destruction or removal efficiency: (A) The destruction or removal efficiency test shall consist of three runs. The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, the samples shall be taken at approximately equal intervals in time such as 15-minute intervals during the run. (B) Calculate the mass rate of either TOC (minus methane and ethane) or total organic HAP (E i o where: E i o K 2 −6 −1 n = number of sample components in the gas stream. C ij oj M ij oj Q i o ( 1 ( 2 (C) Calculate the destruction or removal efficiency for TOC (minus methane and ethane) or total organic HAP using equation 18: where: R = destruction or removal efficiency of control device, percent. E i E o (3) Determine the capture efficiency F k (i)(1) Alternative application method—primers, topcoats, and specialty coatings. (ii) For specialty coatings, an owner or operator may use any other coating application method capable of achieving emission reductions or a transfer efficiency equivalent to or better than that provided by HVLP, electrostatic spray, air-assisted airless, or airless application. Any owner or operator using an application method pursuant to this paragraph (i)(2)(ii) shall maintain records demonstrating the transfer efficiency achieved. (2)(i) For the process or processes for which the alternative application method is to be used, the total organic HAP and VOC emissions shall be determined for an initial 30-day period, the period of time required to apply coating to five completely assembled aircraft, or a time period approved by the permitting agency. During this initial period, only HVLP, electrostatic spray application methods, air-assisted airless application methods, or airless application methods shall be used. The emissions shall be determined based on the volumes, organic HAP contents (less water), and VOC contents (less water and exempt solvents) of the coatings as applied. (ii) Upon implementation of the alternative application method, use the alternative application method in production on actual production parts or assemblies for a period of time sufficient to coat an equivalent amount of parts and assemblies with coatings identical to those used in the initial 30-day period. The actual organic HAP and VOC emissions shall be calculated for this post-implementation period. (iii) Test the proposed application method against either HVLP, electrostatic spray application methods, air-assisted airless application methods, or airless application methods in a laboratory or pilot production area, using parts and coatings representative of the process(es) where the alternative method is to be used. The laboratory test will use the same part configuration(s) and the same number of parts for both the proposed method and the HVLP, electrostatic spray application methods, air-assisted airless application methods, or airless application methods. (iv) Whenever the approach in either paragraph (i)(2)(ii) or (i)(2)(iii) of this section is used, the owner or operator shall calculate both the organic HAP and VOC emission reduction using equation: where: P = organic HAP or VOC emission reduction, percent. E b E a (3) Each owner or operator seeking to demonstrate that an alternative application method achieves emission reductions equivalent to HVLP, electrostatic spray application methods, air-assisted airless application methods, or airless application methods shall comply with the following: (i) Each coating shall be applied such that the dried film thickness is within the range specified by the applicable specification(s) for the aerospace vehicle or component being coated. (ii) If no such dried film thickness specification(s) exists, the owner or operator shall ensure that the dried film thickness applied during the initial 30-day period is equivalent to the dried film thickness applied during the alternative application method test period for similar aerospace vehicles or components. (iii) Failure to comply with these dried film thickness requirements shall invalidate the test results obtained under paragraph (i)(2)(i) of this section. (j) Spot stripping and decal removal. (1) For each chemical stripper used for spot stripping and decal removal, determine for each annual period the total volume as applied or the total weight of organic HAP using the procedure specified in paragraph (d)(2) of this section. (2) Determine the total number of aircraft for which depainting operations began during the annual period as determined from company records. (3) Calculate the annual average volume of organic HAP-containing chemical stripper or weight of organic HAP used for spot stripping and decal removal per aircraft using equation 20 (volume) or equation 21 (weight): where: C = annual average volume (gal per aircraft) of organic HAP-containing chemical stripper used for spot stripping and decal removal. n = number of organic HAP-containing chemical strippers used in the annual period. V si A = number of aircraft for which depainting operations began during the annual period. where: C = annual average weight (lb per aircraft) of organic HAP (chemical stripper) used for spot stripping and decal removal. m = number of organic HAP contained in each chemical stripper, as applied. n = number of organic HAP-containing chemical strippers used in the annual period. W hi D hi V si A = number of aircraft for which depainting operations began during the annual period. (k) Organic HAP content level determination—compliant chemical milling maskants. i (1) For coatings that contain no exempt solvents, determine the total organic HAP content using manufacturer's supplied data or Method 24 of 40 CFR part 60, appendix A to determine the VOC content. The VOC content shall be used as a surrogate for total HAP content for coatings that contain no exempt solvent. If there is a discrepancy between the manufacturer's formulation data and the results of the Method 24 analysis, compliance shall be based on the results from the Method 24 analysis. When Method 24 is used to determine the VOC content of water-reducible coatings, the precision adjustment factors in Reference Method 24 shall be used. If the adjusted analytical VOC content is less than the formulation solvent content, then the analytical VOC content should be set equal to the formulation solvent content. (2) [Reserved] (l) Organic HAP content level determination—averaged chemical milling maskants. (1) Determine the total organic HAP weight fraction as applied of each chemical milling maskant used during each 30-day period using the procedure specified in paragraph (d)(1) of this section. (2) Determine for each 30-day period: (i) The individual volume of each chemical milling maskant applied in terms of total gallons (less water) (using the procedure specified in paragraph (d)(2) of this section), and (ii) The total volume in gallons of all chemical milling maskants (less water) as applied by summing the individual volumes of each chemical milling maskant as applied (less water). (3) Determine the density of each chemical milling maskant as applied used during each 30-day period using the procedure specified in paragraph (d)(3) of this section. (4) Calculate the volume-weighted average mass of organic HAP emitted per unit volume (lb/gal) of chemical milling maskant (less water) as applied for all chemical milling maskants during each 30-day period using equation 22: where: H a n = number of chemical milling maskants being averaged. W Hi D mi V mi M lw (m) VOC content level determination—compliant chemical milling maskants. (1) Determine the mass of VOC emitted per unit volume of chemical milling maskant (lb/gal) (less water and exempt solvents) as applied, G i (2)(i) If the VOC content is found to be different when EPA Method 24 is used during an enforcement inspection from that used by the owner or operator in calculating G i (ii) If the VOC content of a chemical milling maskant obtained using EPA Method 24 would indicate noncompliance as determined under § 63.749(h)(3)(i), an owner or operator may elect to average the chemical milling maskant with other uncontrolled chemical milling maskants and (re)calculate G a a (n) VOC content level determination—averaged chemical milling maskants. (1) Determine the VOC content of each chemical milling maskant (less water and exempt solvents) as applied used during each 30-day period using the procedure specified in paragraph (f)(1) of this section. (2)(i) Determine the individual volume of each chemical milling maskant applied in terms of total gallons (less water and exempt solvents) using the procedure specified in paragraph (f)(2) of this section, and (ii) Calculate the total volume in gallons of all chemical milling maskants (less water and exempt solvents) as applied by summing the individual volumes of each chemical milling maskant (less water and exempt solvents) as applied. (3) Calculate the volume-weighted average mass of VOC emitted per unit volume (lb/gal) of chemical milling maskant (less water and exempt solvents) as applied during each 30-day period using equation 23: where: G a n = number of chemical milling maskants being averaged. (VOC) mi V mi M lwes (4)(i) If the VOC content is found to be different when EPA Method 24 is used during an enforcement inspection from that used by the owner or operator in calculating G a a (ii) If recalculation is required, an owner or operator may elect to include in the recalculation of G a (iii) The recalculated value of G a (o) Inorganic HAP emissions—dry particulate filter certification requirements. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15021, Mar. 27, 1998; 63 FR 46534, Sept. 1, 1998; 65 FR 62215, Oct. 17, 2000; 79 FR 11284, Feb. 27, 2014; 80 FR 76185, Dec. 7, 2015] § 63.751 Monitoring requirements. (a) Enclosed spray gun cleaners. (b) Incinerators and carbon adsorbers—initial compliance demonstrations. (1) Except as allowed by paragraph (b)(2) or (b)(5) of this section, for each control device used to control organic HAP or VOC emissions, the owner or operator shall fulfill the requirements of paragraph (b)(1) (i) or (ii) of this section. (i) The owner or operator shall establish as a site-specific operating parameter the outlet total HAP or VOC concentration that demonstrates compliance with § 63.745(d), § 63.746(c), or § 63.747(d) as appropriate; or (ii) The owner or operator shall establish as the site-specific operating parameter the control device efficiency that demonstrates compliance with § 63.745(d), § 63.746(c), or § 63.747(d). (iii) When a nonregenerative carbon adsorber is used to comply with § 63.745(d), § 63.746(c), or § 63.747(d), the site-specific operating parameter value may be established as part of the design evaluation used to demonstrate initial compliance. Otherwise, the site-specific operating parameter value shall be established during the initial performance test conducted according to the procedures of § 63.750(g). (2) For each nonregenerative carbon adsorber, in lieu of meeting the requirements of § 63.751(b)(1), the owner or operator may establish as the site-specific operating parameter the carbon replacement time interval, as determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system. The carbon replacement time interval shall be established either as part of the design evaluation to demonstrate initial compliance or during the initial performance test conducted according to the procedures in § 63.750(g) (1), (2), (3), or (4). (3) Each owner or operator venting solvent HAP emissions from a source through a room, enclosure, or hood, to a control device to comply with § 63.745(d), § 63.746(c), or § 63.747(d) shall: (i) Submit to the Administrator with the compliance status report required by § 63.9(h) of the General Provisions a plan that: (A) Identifies the operating parameter to be monitored to ensure that the capture efficiency measured during the initial compliance test is maintained; (B) Discusses why this parameter is appropriate for demonstrating ongoing compliance; and (C) Identifies the specific monitoring procedures; (ii) Set the operating parameter value, or range of values, that demonstrate compliance with § 63.745(d), § 63.746(c), or § 63.747(d), as appropriate; and (iii) Conduct monitoring in accordance with the plan submitted to the Administrator unless comments received from the Administrator require an alternate monitoring scheme. (4) Owners or operators subject to § 63.751(b) (1), (2), or (3) shall calculate the site-specific operating parameter value, or range of values, as the arithmetic average of the maximum and/or minimum operating parameter values, as appropriate, that demonstrate compliance with § 63.745(d), § 63.746(c), or § 63.747(d) during the multiple test runs required by § 63.750 (g)(2) and (g)(1). (5) For each solvent recovery device used to comply with § 63.745(d), § 63.746(c), or § 63.747(d), in lieu of meeting the requirements of paragraph (b)(1) of this section, the results of the material balance calculation conducted in accordance with § 63.750(g)(1) may serve as the site-specific operating parameter that demonstrates compliance with § 63.745(d), § 63.746(c), or § 63.747(d). (6) Continuous compliance monitoring. (i) Each owner or operator of an affected source subject to § 63.745(d), § 63.746(c), or § 63.747(d) of this subpart shall monitor the applicable parameters specified in paragraph (b)(6)(ii), (b)(6)(iii), or (b)(6)(iv) of this section depending on the type of control technique used. (ii) Compliance monitoring shall be subject to the following provisions: (A) Except as allowed by paragraph (b)(6)(iii)(A)( 2 (B) If the effluent from multiple emission points are combined prior to being channeled to a common control device, the owner or operator is required only to monitor the common control device, not each emission point. (iii) Owners or operators complying with § 63.745(d), § 63.746(c), or § 63.747(d) through the use of a control device and establishing a site-specific operating parameter in accordance with paragraph (b)(1) of this section shall fulfill the requirements of paragraph (b)(6)(iii)(A) of this section and paragraph (b)(6)(iii)(B) or (C) of this section, as appropriate. (A) The owner or operator shall install, calibrate, operate, and maintain a continuous emission monitor. ( 1 ( 2 1 ( a ( b ( c (B) If complying with § 63.745(d), § 63.746(c), or § 63.747(d) through the use of a carbon adsorption system with a common exhaust stack for all of the carbon vessels, the owner or operator shall not operate the control device at an average control efficiency less than that required by § 63.745(d), § 63.746(c), or § 63.747(d) for three consecutive adsorption cycles. (C) If complying with § 63.745(d), § 63.746(c), or § 63.747(d) through the use of a carbon adsorption system with individual exhaust stacks for each of the multiple carbon adsorber vessels, the owner or operator shall not operate any carbon adsorber vessel at an average control efficiency less than that required by § 63.745(d), § 63.746(c), or § 63.747(d) as calculated daily using a 7 to 30-day rolling average. (D) If complying with § 63.745(d), § 63.746(c), or § 63.747(d) through the use of a nonregenerative carbon adsorber, in lieu of the requirements of paragraph (b)(6)(iii) (B) or (C) of this section, the owner or operator may monitor the VOC or HAP concentration of the adsorber exhaust daily, at intervals no greater than 20 percent of the design carbon replacement interval, whichever is greater, or at a frequency as determined by the owner or operator and approved by the Administrator. (iv) Owners or operators complying with § 63.745(d), § 63.746(c), or § 63.747(d) through the use of a nonregenerative carbon adsorber and establishing a site-specific operating parameter for the carbon replacement time interval in accordance with paragraph (b)(2) shall replace the carbon in the carbon adsorber system with fresh carbon at the predetermined time interval as determined in the design evaluation. (v) Owners or operators complying with § 63.745(d), § 63.746(c), or § 63.747(d) by capturing emissions through a room, enclosure, or hood shall install, calibrate, operate, and maintain the instrumentation necessary to measure continuously the site-specific operating parameter established in accordance with paragraph (b)(3) of this section whenever VOC and HAP from coating and stripper operations are vented through the capture device. The capture device shall not be operated at an average value greater than or less than (as appropriate) the operating parameter value established in accordance with paragraph (b)(3) of this section for any 3-hour period. (7) Owners or operators complying with paragraph (b)(4) or (b)(5) of this section shall calculate the site-specific operating parameter value as the arithmetic average of the minimum operating parameter values that demonstrate compliance with § 63.745(d)and § 63.747(d) during the three test runs required by § 63.750(h)(2)(iv). (8) All temperature monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturer's specifications. Every 3 months, facilities shall replace the temperature sensors or have the temperature sensors recalibrated. As an alternative, a facility may use a continuous emission monitoring system (CEMS) to verify that there has been no change in the destruction efficiency and effluent composition of the incinerator. (9) Where an incinerator other than a catalytic incinerator is used, a thermocouple equipped with a continuous recorder shall be installed and continuously operated in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (10) Where a catalytic incinerator is used, thermocouples, each equipped with a continuous recorder, shall be installed and continuously operated in the gas stream immediately before and after the catalyst bed. (11) For each incinerator other than a catalytic incinerator, each owner or operator shall establish during each performance test during which compliance is demonstrated, including the initial performance test, the minimum combustion temperature as a site-specific operating parameter. This minimum combustion temperature shall be the operating parameter value that demonstrates compliance with §§ 63.745(d) and 63.747(d). (12) For each catalytic incinerator, each owner or operator shall establish during each performance test during which compliance is demonstrated, including the initial performance test, the minimum gas temperature upstream of the catalyst bed and the minimum gas temperature difference across the catalyst bed as site-specific operating parameters. These minimum temperatures shall be the operating parameter values that demonstrate compliance with §§ 63.745(d) and 63.747(d). (c) Dry particulate filter, HEPA filter, and waterwash systems—primer, topcoat, and specialty coating application operations (2) Each owner or operator using a conventional waterwash system to meet the requirements of § 63.745(g)(2) shall, while primer or topcoat application operations are occurring, continuously monitor the water flow rate through the system and read and record the water flow rate once per shift following the recordkeeping requirements of § 63.752(d), or install an interlock system as specified in § 63.745(g)(2)(v). Each owner or operator using a pumpless waterwash system to meet the requirements of § 63.745(g)(2) shall, while primer, topcoat, and specialty coating application operations are occurring, measure and record the parameter(s) recommended by the booth manufacturer that indicate booth performance once per shift, following the recordkeeping requirements of § 63.752(d), or install an interlock system as specified in § 63.745(g)(2)(v). (d) Particulate filters and waterwash booths—depainting operations. (e) Use of an alternative monitoring method General. (2) After receipt and consideration of written application, the Administrator may approve alternatives to any monitoring methods or procedures of this section including, but not limited to, the following: (i) Alternative monitoring requirements when the affected source is infrequently operated; or (ii) Alternative locations for installing continuous monitoring systems when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements; or (iii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified in this section. (3) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in this section. If the results of the specified and the alternative method, requirement, or procedure do not agree, the results obtained by the specified method, requirement, or procedure shall prevail. (4)(i) Request to use alternative monitoring method. (ii) The application shall contain a description of the proposed alternative monitoring system and information justifying the owner's or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method. (iii) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (e)(4)(i) of this section to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this subpart. (5) Approval of request to use alternative monitoring method. (A) Notice of the information and findings on which the intended disapproval is based; and (B) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information. (ii) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (e)(5)(i) of this section, the owner or operator of such source shall continue to use the alternative monitoring method until approval is received from the Administrator to use another monitoring method as allowed by paragraph (e) of this section. (f) Reduction of monitoring data. 2 (2) All emission data shall be converted into units specified in this subpart for reporting purposes. After conversion into units specified in this subpart, the data may be rounded to the same number of significant digits as used in this subpart to specify the emission limit (e.g., rounded to the nearest 1% overall reduction efficiency). [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 63 FR 46534, Sept. 1, 1998; 65 FR 76945, Dec. 8, 2000; 80 FR 76186, Dec. 7, 2015] § 63.752 Recordkeeping requirements. (a) General (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, and duration of each failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.743(e), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (b) Cleaning operation. (1) The name, vapor pressure, and documentation showing the organic HAP constituents of each cleaning solvent used for affected cleaning operations at the facility. (2) For each cleaning solvent used in hand-wipe cleaning operations that complies with the composition requirements specified in § 63.744(b)(1) or for semi-aqueous cleaning solvents used for flush cleaning operations: (i) The name of each cleaning solvent used; (ii) All data and calculations that demonstrate that the cleaning solvent complies with one of the composition requirements; and (iii) Annual records of the volume of each solvent used, as determined from facility purchase records or usage records. (3) For each cleaning solvent used in hand-wipe cleaning operations that does not comply with the composition requirements in § 63.744(b)(1), but does comply with the vapor pressure requirement in § 63.744(b)(2): (i) The name of each cleaning solvent used; (ii) The composite vapor pressure of each cleaning solvent used; (iii) All vapor pressure test results, if appropriate, data, and calculations used to determine the composite vapor pressure of each cleaning solvent; and (iv) The amount (in gallons) of each cleaning solvent used each month at each operation. (4) For each cleaning solvent used for the exempt hand-wipe cleaning operations specified in § 63.744(e) that does not conform to the vapor pressure or composition requirements of § 63.744(b): (i) The identity and amount (in gallons) of each cleaning solvent used each month at each operation; and (ii) A list of the processes set forth in § 63.744(e) to which the cleaning operation applies. (5) A record of all leaks from enclosed spray gun cleaners identified pursuant to § 63.751(a) that includes for each leak found: (i) Source identification; (ii) Date leak was discovered; and (iii) Date leak was repaired. (c) Primer, topcoat, and specialty coating application operations—organic HAP and VOC (1) The name and VOC content as received and as applied of each primer, topcoat, and specialty coating used at the facility. (2) For uncontrolled primers, topcoats, and specialty coatings that meet the organic HAP and VOC content limits in § 63.745(c)(1) through (c)(6) without averaging: (i) The mass of organic HAP emitted per unit volume of coating as applied (less water) (H i i (ii) All data, calculations, and test results (including EPA Method 24 results) used in determining the values of H i i (iii) The volume (gal) of each coating formulation within each coating category used each month. (3) For “low HAP content” uncontrolled primers with organic HAP content less than or equal to 250 g/l (2.1 lb/gal) less water as applied and VOC content less than or equal to 250 g/l (2.1 lb/gal) less water and exempt solvents as applied: (i) Annual purchase records of the total volume of each primer purchased; and (ii) All data, calculations, and test results (including EPA Method 24 results) used in determining the organic HAP and VOC content as applied. These records shall consist of the manufacturer's certification when the primer is applied as received, or the data and calculations used to determine H i (4) For primers, topcoats, and specialty coatings complying with the organic HAP or VOC content level by averaging: (i) The monthly volume-weighted average masses of organic HAP emitted per unit volume of coating as applied (less water) (H a a (ii) All data, calculations, and test results (including EPA Method 24 results) used to determine the values of H a a (5) For primers, topcoats, and specialty coatings that are controlled by a control device other than a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(h)) and all test results, data, and calculations used in determining the overall control efficiency; (ii) If an incinerator other than a catalytic incinerator is used, continuous records of the firebox temperature recorded under § 63.751(b)(9) and all calculated 3-hour averages of the firebox temperature; and (iii) If a catalytic incinerator is used, continuous records of the temperature recorded under § 63.751(b)(10) and all calculated 3-hour averages of the recorded temperatures. (6) For primers, topcoats, and specialty coatings that are controlled by a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The length of the rolling material balance period and all data and calculations used for determining this rolling period. The record of the certification of the accuracy of the device that measures the amount of HAP or VOC recovered; or (ii) For nonregenerative carbon adsorbers, the overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The record of the carbon replacement time established as the site-specific operating parameter to demonstrate compliance. (d) Primer, topcoat, and specialty coating application operations—inorganic HAP emissions (2) Each owner or operator complying with § 63.745(g) through the use of a conventional waterwash system shall record the water flow rate through the operating system once each shift during which coating operations occur. Each owner or operator complying with § 63.745(g) through the use of a pumpless waterwash system shall record the parameter(s) recommended by the booth manufacturer that indicate the performance of the booth once each shift during which coating operations occur. (3) This log shall include the acceptable limit(s) of pressure drop, water flow rate, or for the pumpless waterwash booth, the booth manufacturer recommended parameter(s) that indicate the booth performance, as applicable, as specified by the filter or booth manufacturer or in locally prepared operating procedures. (e) Depainting operations. (1) General. (i) The name of each chemical stripper; and (ii) Monthly volumes of each organic HAP containing chemical stripper used or monthly weight of organic HAP-material used for spot stripping and decal removal. (2) For HAP-containing chemical strippers that are controlled by a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The length of the rolling material balance period and all data and calculations used for determining this rolling period. The record of the certification of the accuracy of the device that measures the amount of HAP or VOC recovered; or (ii) For nonregenerative carbon adsorbers, the overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The record of the carbon replacement time established as the site-specific operating parameter to demonstrate compliance. (3) For HAP-containing chemical strippers that are controlled by a control device other than a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(h)) and all test results, data, and calculations used in determining the overall control efficiency; (ii) [Reserved] (4) For each type of aircraft depainted at the facility, a listing of the parts, subassemblies, and assemblies normally removed from the aircraft before depainting. Prototype, test model or aircraft that exist in low numbers (i.e., less than 25 aircraft of any one type) are exempt from this requirement. (5) Non-chemical based equipment. (i) The names and types of non-chemical based equipment; and (ii) For periods of malfunction, (A) The non-chemical method or technique that malfunctioned; (B) The date that the malfunction occurred; (C) A description of the malfunction; (D) The methods used to depaint aerospace vehicles during the malfunction period; (E) The dates that these methods were begun and discontinued; and (F) The date that the malfunction was corrected. (6) Spot stripping and decal removal. (7) Inorganic HAP emissions. (f) Chemical milling maskant application operations (1) For uncontrolled chemical milling maskants that meet the organic HAP or VOC content limit without averaging: (i) The mass of organic HAP emitted per unit volume of chemical milling maskant as applied (less water) (H i i (ii) All data, calculations, and test results (including EPA Method 24 results) used in determining the values of H i i (iii) The volume (gal) of each chemical milling maskant formulation used each month. (2) For chemical milling maskants complying with the organic HAP or VOC content level by averaging: (i) The monthly volume-weighted average masses of organic HAP emitted per unit volume of chemical milling maskant as applied (less water) (H a a (ii) All data, calculations, and test results (including EPA Method 24 results) used to determine the values of H a a (3) For chemical milling maskants that are controlled by a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The length of the rolling material balance period and all data and calculations used for determining this rolling period. The record of the certification of the accuracy of the device that measures the amount of HAP or VOC recovered; or (ii) For nonregenerative carbon adsorbers, the overall control efficiency of the control system (as determined using the procedures specified in § 63.750(g)) and all test results, data, and calculations used in determining the overall control efficiency. The record of the carbon replacement time established as the site-specific operating parameter to demonstrate compliance. (4) For chemical milling maskants that are controlled by a control device other than a carbon adsorber: (i) The overall control efficiency of the control system (as determined using the procedures specified in § 63.750(h)) and all test results, data, and calculations used in determining the overall control efficiency; (ii) If an incinerator other than a catalytic incinerator is used, continuous records of the firebox temperature recorded under § 63.751(b)(9) and all calculated 3-hour averages of the firebox temperature; and (iii) If a catalytic incinerator is used, continuous records of the temperature recorded under § 63.751(b)(10) and all calculated 3-hour averages of the recorded temperatures. [60 FR 45956, Sept. 1, 1996, as amended at 63 FR 15023, Mar. 27, 1998; 63 FR 46534, Sept. 1, 1998; 80 FR 76187, Dec. 7, 2015] § 63.753 Reporting requirements. (a)(1) Except as provided in paragraphs (a)(2) through (5) of this section, each owner or operator subject to this subpart shall fulfill the requirements contained in § 63.9(a) through (e) and (h) through (j), Notification requirements, and § 63.10(a), (b), (d), and (f), Recordkeeping and reporting requirements, of the General Provisions, 40 CFR part 63, subpart A, and that the initial notification for existing sources required in § 63.9(b)(2) shall be submitted not later than September 1, 1997, or as specified in § 63.9(b)(2). In addition to the requirements of § 63.9(h), the notification of compliance status shall include: (i) Information detailing whether the source has operated within the specified ranges of its designated operating parameters. (ii) For each coating line, where averaging will be used along with the types of quantities of coatings the facility expects to use in the first year of operation. Averaging scheme shall be approved by the Administrator or delegated State authority and shall be included as part of the facility's title V or part 70 permit. (2) The initial notification for existing sources, required in § 63.9(b)(2) shall be submitted no later than September 1, 1997, or as specified in § 63.9(b)(2). For the purposes of this subpart, a title V or part 70 permit application may be used in lieu of the initial notification required under § 63.9(b)(2), provided the same information is contained in the permit application as required by § 63.9(b)(2), and the State to which the permit application has been submitted has an approved operating permit program under part 70 of this chapter and has received delegation of authority from the EPA. Permit applications shall be submitted by the same due dates as those specified for the initial notifications. (3) For the purposes of this subpart, the Administrator will notify the owner or operator in writing of approval or disapproval of the request for an adjustment to a particular time period or postmark deadline submitted under § 63.9(i) within 30 calendar days of receiving sufficient information to evaluate the request, rather than 15 calendar days as provided for in § 63.9(i)(3). (4) Each owner or operator subject to this subpart is not required to comply with § 63.10(b)(2)(i), (b)(2)(iv), (b)(2)(v), and (d)(5). (5) If a source fails to meet an applicable standard specified in §§ 63.744 through 63.748, report such events in the semiannual report: (i) The number of failures to meet an applicable standard. (ii) For each instance, report the date, time, and duration of each failure. (iii) For each failure the report must include a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (b) Cleaning operation. (1) Semiannual reports occurring every 6 months from the date of the notification of compliance status that identify: (i) Any instance where a noncompliant cleaning solvent is used for a non-exempt hand-wipe cleaning operation; (ii) A list of any new cleaning solvents used for hand-wipe cleaning in the previous 6 months and, as appropriate, their composite vapor pressure or notification that they comply with the composition requirements specified in § 63.744(b)(1); (iii) Any instance where a noncompliant spray gun cleaning method is used; (iv) Any instance where a leaking enclosed spray gun cleaner remains unrepaired and in use for more than 15 days; and (v) If the operations have been in compliance for the semiannual period, a statement that the cleaning operations have been in compliance with the applicable standards. Sources shall also submit a statement of compliance signed by a responsible company official certifying that the facility is in compliance with all applicable requirements. (c) Primer, topcoat, and specialty coating application operations. (1) Semiannual reports occurring every 6 months from the date of the notification of compliance status that identify: (i) For primers, topcoats, and specialty coatings where compliance is not being achieved through the use of averaging or a control device, the HAP or VOC content in manufacturer's supplied data as recorded under § 63.752(c), or each value of H i i (ii) For primers, topcoats, and specialty coatings where compliance is being achieved through the use of averaging, each value of H a a (iii) If incinerators are used to comply with the standards, all periods when the 3-hour average combustion temperature(s) is (are) less than the average combustion temperature(s) established under § 63.751(b) (11) or (12) during the most recent performance test during which compliance was demonstrated; (iv) If a carbon adsorber is used; (A) each rolling period when the overall control efficiency of the control system is calculated to be less than 81%, the initial material balance calculation, and any exceedances as demonstrated through the calculation; or, (B) for nonregenerative carbon adsorbers, submit the design evaluation, the continuous monitoring system performance report, and any excess emissions as demonstrated through deviations of monitored values. (v) For control devices other than an incinerator or carbon adsorber, each exceedance of the operating parameter(s) established for the control device under the initial performance test during which compliance was demonstrated; (vi) All times when a primer or topcoat application operation was not immediately shut down when the pressure drop across a dry particulate filter or HEPA filter system, the water flow rate through a conventional waterwash system, or the recommended parameter(s) that indicate the booth performance for pumpless systems, as appropriate, was outside the limit(s) specified by the filter or booth manufacturer or in locally prepared operating procedures; (vii) If the operations have been in compliance for the semiannual period, a statement that the operations have been in compliance with the applicable standards; and, (2) Annual reports beginning 12 months after the date of the notification of compliance status listing the number of times the pressure drop or water flow rate for each dry filter or waterwash system, as applicable, was outside the limit(s) specified by the filter or booth manufacturer or in locally prepared operating procedures. (d) Depainting operation. (1) Semiannual reports occurring every 6 months from the date of the notification of compliance status that identify: (i) Any 24-hour period where organic HAP were emitted from the depainting of aerospace vehicles, other than from the exempt operations listed in § 63.746 (a), (b)(3), and (b)(5). (ii) Any new chemical strippers used at the facility during the reporting period; (iii) The organic HAP content of these new chemical strippers; (iv) For each chemical stripper that undergoes reformulation, its organic HAP content; (v) Any new non-chemical depainting technique in use at the facility since the notification of compliance status or any subsequent semiannual report was filed; (vi) For periods of malfunctions: (A) The non-chemical method or technique that malfunctioned; (B) The date that the malfunction occurred; (C) A description of the malfunction; (D) The methods used to depaint aerospace vehicles during the malfunction period; (E) The dates that these methods were begun and discontinued; and (F) The date that the malfunction was corrected; (vii) All periods where a nonchemical depainting operation subject to § 63.746(b)(2) and (b)(4) for the control of inorganic HAP emissions was not immediately shut down when the pressure drop, water flow rate, or recommended booth parameter(s) was outside the limit(s) specified by the filter or booth manufacturer or in locally prepared operational procedures; (viii) A list of new and discontinued aircraft models depainted at the facility over the last 6 months and a list of the parts normally removed for depainting for each new aircraft model being depainted; and (ix) If the depainting operation has been in compliance for the semiannual period, a statement signed by a responsible company official that the operation was in compliance with the applicable standards. (2) Annual reports occurring every 12 months from the date of the notification of compliance status that identify: (i) The average volume per aircraft of organic HAP-containing chemical strippers or weight of organic HAP used for spot stripping and decal removal operations if it exceeds the limits specified in § 63.746(b)(3); and (ii) The number of times the pressure drop limit(s) for each filter system or the number of times the water flow rate limit(s) for each waterwash system were outside the limit(s) specified by the filter or booth manufacturer or in locally prepared operating procedures. (3) Where a control device is used to control organic HAP emissions, semiannual reports that identify: (i) If a carbon adsorber is used, (A) each rolling period when the overall control efficiency of the control system is calculated to be less than 81% for existing systems or less than 95% for new systems, the initial material balance calculation, and any exceedances as demonstrated through the calculation; or, (B) for nonregenerative carbon adsorbers, submit the design evaluation, the continuous monitoring system performance report, and any excess emissions as demonstrated through deviations of monitored values. (ii) For control devices other than a carbon adsorber, each exceedance of the operating parameter(s) established for the control device under the initial performance test during which compliance was demonstrated; (iii) Descriptions of any control devices currently in use that were not listed in the notification of compliance status or any subsequent report. (e) Chemical milling maskant application operation. (1) For chemical milling maskants where compliance is not being achieved through the use of averaging or a control device, the HAP or VOC content in manufacturer's supplied data as recorded under § 63.752(f), or each value of H i i (2) For chemical milling maskants where compliance is being achieved through the use of averaging, each value of H a a (3) Where a control device is used, (i) If incinerators are used to comply with the standards, all periods when the 3-hour average combustion temperature(s) is (are) less than the average combustion temperature(s) established under § 63.751(b) (11) or (12) during the most recent performance test during which compliance was demonstrated; (ii) If a carbon adsorber is used, (A) Each rolling period when the overall control efficiency of the control system is calculated to be less than 81%, the initial material balance calculation, and any exceedances as demonstrated through the calculation; or, (B) For nonregenerative carbon adsorbers, submit the design evaluation, the continuous monitoring system performance report, and any excess emissions as demonstrated through deviations of monitored values. (iii) For control devices other than an incinerator or carbon adsorber, each exceedance of the operating parameter(s) established for the control device under the initial performance test during which compliance was demonstrated; (4) All chemical milling maskants currently in use that were not listed in the notification of compliance status or any other subsequent semiannual report; (5) Descriptions of any control devices currently in use that were not listed in the notification of compliance status or any subsequent report; and (6) If the operations have been in compliance for the semiannual period, a statement that the chemical milling maskant application operation has been in compliance with the applicable standards. (f) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests following the procedure specified in either paragraph (f)(1) or (2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. [60 FR 45956, Sept. 1, 1996; 61 FR 4903, Feb. 9, 1996, as amended at 61 FR 66227, Dec. 17, 1996; 63 FR 15023, Mar. 27, 1998; 63 FR 46535, Sept. 1, 1998; 80 FR 76187, Dec. 7, 2015] §§ 63.754-63.758 [Reserved] § 63.759 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.741, 63.743, 63.744(a)(3), (b) through (e), 63.745 through 63.748, and 63.649(a). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37352, June 23, 2003] Table 1 to Subpart GG of Part 63—General Provisions Applicability to Subpart GG Reference Applies to affected sources in subpart GG Comment 63.1(a)(1) Yes 63.1(a)(2) Yes 63.1(a)(3) Yes 63.1(a)(4) Yes 63.1(a)(5) No Reserved. 63.1(a)(6) Yes 63.1(a)(7) Yes 63.1(a)(8) Yes 63.1(a)(9) No Reserved. 63.1(a)(10) Yes 63.1(a)(11) Yes 63.1(a)(12) Yes 63.1(a)(13) Yes 63.1(a)(14) Yes 63.1(b)(1) Yes 63.1(b)(2) Yes 63.1(b)(3) Yes 63.1(c)(1) Yes 63.1(c)(2) Yes Subpart GG does not apply to area sources. 63.1(c)(3) No Reserved. 63.1(c)(4) Yes 63.1(c)(5) Yes 63.1(c)(6) Yes 63.1(d) No Reserved. 63.1(e) Yes 63.2 Yes 63.3 Yes 63.4(a)(1) Yes 63.4(a)(2) Yes 63.4(a)(3) Yes 63.4(a)(4) No Reserved. 63.4(a)(5) Yes 63.4(b) Yes 63.4(c) Yes 63.5(a) Yes 63.5(b)(1) Yes 63.5(b)(2) No Reserved. 63.5(b)(3) Yes 63.5(b)(4) Yes 63.5(b)(5) Yes 63.5(b)(6) Yes 63.5(c) No Reserved. 63.5(d)(1)(i) Yes 63.5(d)(1)(ii)(A)-(H) Yes 63.5(d)(1)(ii)(I) No Reserved. 63.5(d)(1)(ii)(J) Yes 63.5(d)(1)(iii) Yes 63.5(d)(2)-(4) Yes 63.5(e) Yes 63.5(f) Yes 63.6(a) Yes 63.6(b)(1)-(5) Yes § 63.749(a) specifies compliance dates for new sources. 63.6(b)(6) No Reserved. 63.6(b)(7) Yes 63.6(c)(1) Yes 63.6(c)(2) No The standards in subpart GG are promulgated under section 112(d) of the Act. 63.6(c)(3)-(4) No Reserved. 63.6(c)(5) Yes 63.6(d) No Reserved. 63.6(e)(1)(i) No See 63.6(e)(1)(ii) No 63.6(e)(2) No Section reserved. 63.6(e)(3) No 63.6(f)(1) No 63.6(f)(2)-(f)(3) Yes 63.6(g) Yes 63.6(h) No The standards in subpart GG do not include opacity standards. 63.6(i)(1)-(3) Yes 63.6(i)(4)(i)(A) Yes 63.6(i)(4)(i)(B) No § 63.743(a)(4) specifies that requests for extension of compliance must be submitted no later than 120 days before an affected source's compliance date. 63.6(i)(4)(ii) No The standards in subpart GG are promulgated under section 112(d) of the Act. 63.6(i)(5)-(12) Yes 63.6(i)(13) Yes 63.6(i)(14) Yes 63.6(i)(15) No Reserved. 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)(1) Yes 63.7(a)(2)(i)-(vi) Yes 63.7(a)(2)(vii)-(viii) No Reserved. 63.7(a)(2)(ix) Yes 63.7(a)(3) Yes 63.7(b) Yes 63.7(c) Yes 63.7(d) Yes 63.7(e)(1) No See 63.7(e)(2)-(4) Yes 63.7(f) Yes 63.7(g)(1) Yes 63.7(g)(2) No Reserved. 63.7(g)(3) Yes 63.7(h) Yes 63.8(a)(1)-(2) Yes 63.8(a)(3) No Reserved. 63.8(a)(4) Yes 63.8(b) Yes 63.8(c)(1)(i) No 63.8(c)(1)(ii) Yes 63.8(c)(1)(iii) No 63.8(c)(2)-(d)(2) Yes 63.8(d)(3) No 63.8(e)(1)-(4) Yes 63.8(e)(5)(i) Yes 63.8(e)(5)(ii) No The standards in subpart GG do not include opacity standards. 63.8(f)(1) Yes 63.8(f)(2)(i)-(vii) Yes 63.8(f)(2)(viii) No The standards in subpart GG do not include opacity standards. 63.8(f)(2)(ix) Yes 63.8(f)(3)-(6) Yes 63.8(g) Yes 63.9(a) Yes 63.9(b)(1) Yes 63.9(b)(2) Yes § 63.753(a)(1) requires submittal of the initial notification at least 1 year prior to the compliance date; § 63.753(a)(2) allows a title V or part 70 permit application to be substituted for the initial notification in certain circumstances. 63.9(b)(3) Yes 63.9(b)(4) Yes 63.9(b)(5) Yes 63.9(c) Yes 63.9(d) Yes 63.9(e) Yes 63.9(f) No The standards in subpart GG do not include opacity standards. 63.9(g)(1) No 63.9(g)(2) No The standards in subpart GG do not include opacity standards. 63.9(g)(3) No 63.9(h)(1)-(3) Yes § 63.753(a)(1) also specifies additional information to be included in the notification of compliance status. 63.9(h)(4) No Reserved. 63.9(h)(5)-(6) Yes 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i) No 63.10(b)(2)(ii) No See 63.10(b)(2)(iii) Yes 63.10(b)(2)(iv)-(v) No 63.10(b)(2)(vi) Yes 63.10(b)(2)(vi)(A)-(C) No § 63.10(b)(vii)(A), (B) and (C) do not apply because subpart GG does not require the use of CEMS. 63.10(b)(2)(vii)-(xiv) 63.10(b)(3) Yes 63.10(c)(1) No 63.10(c)(2)-(4) No Reserved. 63.10(c)(5)-(6) No 63.10(c)(7)-(8) Yes 63.10(c)(9) No Reserved. 63.10(c)(10)-(13) No 63.10(c)(14) No § 63.8(d) does not apply to this subpart. 63.10(c)(15) No 63.10(d)(1)-(2) Yes 63.10(d)(3) No The standards in subpart GG do not include opacity standards. 63.10(d)(4) Yes 63.10(d)(5) No See 63.(10)(e)(1) No 63.10(e)(2)(i) No 63.10(e)(2)(ii) No The standards in subpart GG do not include opacity standards. 63.10(e)(3) No 63.10(e)(4) No The standards in subpart GG do not include opacity standards. 63.10(f) Yes 63.11 Yes 63.12 Yes 63.13 Yes 63.14 Yes 63.15 Yes 63.16 Yes [80 FR 76188, Dec. 7, 2015; 85 FR 73894, Nov. 19, 2020] Appendix A to Subpart GG of Part 63—Specialty Coating Definitions Ablative coating Adhesion promoter Adhesive bonding primer Aerosol coating Antichafe coating Bearing coating Bonding maskant Caulking and smoothing compounds Chemical agent-resistant coating (CARC) Clear coating Commercial exterior aerodynamic structure primer Commercial interior adhesive Compatible substrate primer Compatible epoxy primer Adhesive primer Corrosion prevention system Critical use and line sealer maskant Cryogenic flexible primer Cryoprotective coating Cyanoacrylate adhesive Dry lubricative material Electric or radiation-effect coating Electrostatic discharge and electromagnetic interference (EMI) coating Elevated-temperature Skydrol-resistant commercial primer Epoxy polyamide topcoat Fire-resistant (interior) coating Flexible primer Flight test coating Fuel tank adhesive Fuel tank coating High temperature coating Insulation covering Intermediate release coating Lacquer Metalized epoxy coating Mold release Nonstructural adhesive Optical anti-reflection coating Part marking coating Pretreatment coating Rain erosion-resistant coating— Rocket motor bonding adhesive— Rocket motor nozzle coating— Rubber-based adhesive— Scale inhibitor— Screen print ink— Seal coat maskant— Sealant— Silicone insulation material— Solid film lubricant— Specialized function coatings— Structural autoclavable adhesive— Structural nonautoclavable adhesive— Temporary protective coating— Thermal control coating— Touch-up and Repair Coating— Wet fastener installation coating— Wing coating— [63 FR 15026, Mar. 27, 1998, as amended at 80 FR 76191, Dec. 7, 2015] Subpart HH—National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities Source: 64 FR 32628, June 17, 1999, unless otherwise noted. § 63.760 Applicability and designation of affected source. (a) This subpart applies to the owners and operators of the emission points, specified in paragraph (b) of this section that are located at oil and natural gas production facilities that meet the specified criteria in paragraphs (a)(1) and either (a)(2) or (a)(3) of this section. (1) Facilities that are major or area sources of hazardous air pollutants (HAP) as defined in § 63.761. Emissions for major source determination purposes can be estimated using the maximum natural gas or hydrocarbon liquid throughput, as appropriate, calculated in paragraphs (a)(1)(i) through (iii) of this section. As an alternative to calculating the maximum natural gas or hydrocarbon liquid throughput, the owner or operator of a new or existing source may use the facility's design maximum natural gas or hydrocarbon liquid throughput to estimate the maximum potential emissions. Other means to determine the facility's major source status are allowed, provided the information is documented and recorded to the Administrator's satisfaction in accordance with § 63.10(b)(3). A facility that is determined to be an area source, but subsequently increases its emissions or its potential to emit above the major source levels, and becomes a major source, must comply with all provisions of this subpart applicable to a major source starting on the applicable compliance date specified in paragraph (f) of this section. Nothing in this paragraph is intended to preclude a source from limiting its potential to emit through other appropriate mechanisms that may be available through the permitting authority. (i) If the owner or operator documents, to the Administrator's satisfaction, a decline in annual natural gas or hydrocarbon liquid throughput, as appropriate, each year for the 5 years prior to October 15, 2012, the owner or operator shall calculate the maximum natural gas or hydrocarbon liquid throughput used to determine maximum potential emissions according to the requirements specified in paragraph (a)(1)(i)(A) of this section. In all other circumstances, the owner or operator shall calculate the maximum throughput used to determine whether a facility is a major source in accordance with the requirements specified in paragraph (a)(1)(i)(B) of this section. (A) The maximum natural gas or hydrocarbon liquid throughput is the average of the annual natural gas or hydrocarbon liquid throughput for the 3 years prior to October 15, 2012, multiplied by a factor of 1.2. (B) The maximum natural gas or hydrocarbon liquid throughput is the highest annual natural gas or hydrocarbon liquid throughput over the 5 years prior to October 15, 2012, multiplied by a factor of 1.2. (ii) The owner or operator shall maintain records of the annual facility natural gas or hydrocarbon liquid throughput each year and upon request submit such records to the Administrator. If the facility annual natural gas or hydrocarbon liquid throughput increases above the maximum natural gas or hydrocarbon liquid throughput calculated in paragraph (a)(1)(i)(A) or (a)(1)(i)(B) of this section, the maximum natural gas or hydrocarbon liquid throughput must be recalculated using the higher throughput multiplied by a factor of 1.2. (iii) The owner or operator shall determine the maximum values for other parameters used to calculate emissions as the maximum for the period over which the maximum natural gas or hydrocarbon liquid throughput is determined in accordance with paragraph (a)(1)(i)(A) or (B) of this section. Parameters, other than glycol circulation rate, shall be based on either highest measured values or annual average. For estimating maximum potential emissions from glycol dehydration units, the glycol circulation rate used in the calculation shall be the unit's maximum rate under its physical and operational design consistent with the definition of potential to emit in § 63.2. (2) Facilities that process, upgrade, or store hydrocarbon liquids. (3) Facilities that process, upgrade, or store natural gas prior to the point at which natural gas enters the natural gas transmission and storage source category or is delivered to a final end user. For the purposes of this subpart, natural gas enters the natural gas transmission and storage source category after the natural gas processing plant, when present. If no natural gas processing plant is present, natural gas enters the natural gas transmission and storage source category after the point of custody transfer. (b) The affected sources for major sources are listed in paragraph (b)(1) of this section and for area sources in paragraph (b)(2) of this section. (1) For major sources, the affected source shall comprise each emission point located at a facility that meets the criteria specified in paragraph (a) of this section and listed in paragraphs (b)(1)(i) through (b)(1)(iv) of this section. (i) Each glycol dehydration unit as specified in paragraphs (b)(1)(i)(A) through (C) of this section. (A) Each large glycol dehydration unit; (B) Each small glycol dehydration unit for which construction commenced on or before August 23, 2011, is an existing small glycol dehydration unit; and (C) Each small glycol dehydration unit for which construction commenced after August 23, 2011, is a new small glycol dehydration unit. (ii) Each storage vessel with the potential for flash emissions; (iii) The group of all ancillary equipment, except compressors, intended to operate in volatile hazardous air pollutant service (as defined in § 63.761), which are located at natural gas processing plants; and (iv) Compressors intended to operate in volatile hazardous air pollutant service (as defined in § 63.761), which are located at natural gas processing plants. (2) For area sources, the affected source includes each triethylene glycol (TEG) dehydration unit located at a facility that meets the criteria specified in paragraph (a) of this section. (c) Any source that determines it is not a major source but has actual emissions of 5 tons per year or more of a single HAP, or 12.5 tons per year or more of a combination of HAP ( i.e., (d) The owner and operator of a facility that does not contain an affected source as specified in paragraph (b) of this section are not subject to the requirements of this subpart. (e) Exemptions. (1) A facility that exclusively processes, stores, or transfers black oil (as defined in § 63.761) is not subject to the requirements of this subpart. For the purposes of this subpart, a black oil facility that uses natural gas for fuel or generates gas from black oil shall qualify for this exemption. (2) A major source facility, prior to the point of custody transfer, with a facility-wide actual annual average natural gas throughput less than 18.4 thousand standard cubic meters per day and a facility-wide actual annual average hydrocarbon liquid throughput less than 39,700 liters per day. (f) The owner or operator of an affected major source shall achieve compliance with the provisions of this subpart by the dates specified in paragraphs (f)(1), (2), and (f)(7) through (9) of this section. The owner or operator of an affected area source shall achieve compliance with the provisions of this subpart by the dates specified in paragraphs (f)(3) through (6) of this section. (1) Except as specified in paragraphs (f)(7) through (9) of this section, the owner or operator of an affected major source, the construction or reconstruction of which commenced before February 6, 1998, shall achieve compliance with the applicable provisions of this subpart no later than June 17, 2002, except as provided for in § 63.6(i). The owner or operator of an area source, the construction or reconstruction of which commenced before February 6, 1998, that increases its emissions of (or its potential to emit) HAP such that the source becomes a major source that is subject to this subpart shall comply with this subpart 3 years after becoming a major source. (2) Except as specified in paragraphs (f)(7) through (9) of this section, the owner or operator of an affected major source, the construction or reconstruction of which commences on or after February 6, 1998, shall achieve compliance with the applicable provisions of this subpart immediately upon initial startup or June 17, 1999, whichever date is later. Area sources, other than production field facilities identified in (f)(9) of this section, the construction or reconstruction of which commences on or after February 6, 1998, that become major sources shall comply with the provisions of this standard immediately upon becoming a major source. (3) The owner or operator of an affected area source, located in an Urban-1 county, as defined in § 63.761, the construction or reconstruction of which commences before February 6, 1998, shall achieve compliance with the provisions of this subpart no later than the dates specified in paragraphs (f)(3)(i) or (ii) of this section, except as provided for in § 63.6(i). (i) If the affected area source is located within any UA plus offset and UC boundary, as defined in § 63.761, the compliance date is January 4, 2010. (ii) If the affected area source is not located within any UA plus offset and UC boundary, as defined in § 63.761, the compliance date is January 5, 2009. (4) The owner or operator of an affected area source, located in an Urban-1 county, as defined in § 63.761, the construction or reconstruction of which commences on or after February 6, 1998, shall achieve compliance with the provisions of this subpart immediately upon initial startup or January 3, 2007, whichever date is later. (5) The owner or operator of an affected area source that is not located in an Urban-1 county, as defined in § 63.761, the construction or reconstruction of which commences before July 8, 2005, shall achieve compliance with the provisions of this subpart no later than the dates specified in paragraphs (f)(5)(i) or (ii) of this section, except as provided for in § 3.6(i). (i) If the affected area source is located within any UA plus offset and UC boundary, as defined in § 63.761, the compliance date is January 4, 2010. (ii) If the affected area source is not located within any UA plus offset and UC boundary, as defined in § 63.761, the compliance date is January 5, 2009. (6) The owner or operator of an affected area source that is not located in an Urban-1 county, as defined in § 63.761, the construction or reconstruction of which commences on or after July 8, 2005, shall achieve compliance with the provisions of this subpart immediately upon initial startup or January 3, 2007, whichever date is later. (7) Each affected existing small glycol dehydration unit, as defined in § 63.761, located at a major source, that commenced construction before August 23, 2011, must achieve compliance no later than October 15, 2015, except as provided in § 63.6(i). (8) Each affected new small glycol dehydration unit, as defined in § 63.761, located at a major source, that commenced construction on or after August 23, 2011, must achieve compliance immediately upon initial startup or October 15, 2012, whichever is later. (9) A production field facility, as defined in § 63.761, constructed on or before August 23, 2011, that was previously determined to be an area source but becomes a major source (as defined in paragraph 3 of the major source definition in § 63.761) on the October 15, 2012 must achieve compliance no later than October 15, 2015, except as provided in § 63.6(i). (g) The following provides owners or operators of an affected source at a major source with information on overlap of this subpart with other regulations for equipment leaks. The owner or operator of an affected source at a major source shall document that they are complying with other regulations by keeping the records specified in § 63.774(b)(9). (1) [Reserved] (2) After the compliance dates specified in paragraph (f) of this section, ancillary equipment and compressors that are subject to this subpart and are also subject to and controlled under the provisions of 40 CFR part 61, subpart V, are only required to comply with the requirements of 40 CFR part 61, subpart V. (3) After the compliance dates specified in paragraph (f) of this section, ancillary equipment and compressors that are subject to this subpart and are also subject to and controlled under the provisions of 40 CFR part 63, subpart H, are only required to comply with the requirements of 40 CFR part 63, subpart H. (h) An owner or operator of an affected source that is a major source or is located at a major source and is subject to the provisions of this subpart is also subject to 40 CFR part 70 or part 71 operating permit requirements. Unless otherwise required by law, the owner or operator of an area source subject to the provisions of this subpart is exempt from the permitting requirements established by 40 CFR part 70 or 40 CFR part 71. (i) Emissions standards in this subpart apply at all times. [64 FR 32628, June 17, 1999, as amended at 66 FR 34550, June 29, 2001; 72 FR 36, Jan. 3, 2007; 77 FR 49568, Aug. 16, 2012; 85 FR 73894, Nov. 19, 2020; 89 FR 84296, Oct. 22, 2024] § 63.761 Definitions. All terms used in this subpart shall have the meaning given them in the Clean Air Act (Act), subpart A of this part (General Provisions), and in this section. If the same term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart. Alaskan North Slope Ancillary equipment API gravity Associated equipment, Black oil Boiler BTEX Closed-vent system Combustion device Condensate Continuous recorder Control device Cover Custody transfer Equipment leaks Facility Field natural gas Fixed-roof Flame zone Flare i.e., Flash tank. Flow indicator Gas-condensate-glycol (GCG) separator Gas-to-oil ratio Glycol dehydration unit Glycol dehydration unit baseline operations i.e., Glycol dehydration unit process vent Glycol dehydration unit reboiler vent Hazardous air pollutants HAP Hydrocarbon liquid In VHAP service In wet gas service Incinerator Initial producing GOR Initial startup Large glycol dehydration unit Major source, (1) Emissions from any oil or gas exploration or production well (with its associated equipment, as defined in this section), and emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other similar units to determine whether such emission points or stations are major sources, even when emission points are in a contiguous area or under common control; (2) Emissions from processes, operations, or equipment that are not part of the same facility, as defined in this section, shall not be aggregated; and (3) For facilities that are production field facilities, only HAP emissions from glycol dehydration units and storage vessels shall be aggregated for a major source determination. For facilities that are not production field facilities, HAP emissions from all HAP emission units shall be aggregated for a major source determination. Natural gas Natural gas liquids Natural gas processing plant No detectable emissions (1) Instrument monitoring results in accordance with the requirements of § 63.772(c); and (2) The absence of visible openings or defects in the device or system, such as rips, tears, or gaps. Operating parameter value Operating permit Organic monitoring device Primary fuel Process heater Produced water Production field facilities Production well Reciprocating compressor Responsible official (1) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: a general partner or the proprietor, respectively; (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected sources: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under part 70. Safety device Shutdown Small glycol dehydration unit Startup Storage vessel Storage vessel with the potential for flash emissions Surface site Tank battery Temperature monitoring device Total organic compounds TOC, UA plus offset and UC Urban-1 County Standards for defining Metropolitan and Micropolitan Statistical Areas Urbanized area Urban Area Criteria for Census 2000 Urban cluster Urban Area Criteria for Census 2000 Volatile hazardous air pollutant concentration VHAP concentration [64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 72 FR 37, Jan. 3, 2007; 77 FR 49569, Aug. 16, 2012; 89 FR 84296, Oct. 22, 2024] §§ 63.762-63.763 [Reserved] § 63.764 General standards. (a) Table 2 of this subpart specifies the provisions of subpart A (General Provisions) of this part that apply and those that do not apply to owners and operators of affected sources subject to this subpart. (b) All reports required under this subpart shall be sent to the Administrator at the appropriate address listed in § 63.13. Reports may be submitted on electronic media. (c) Except as specified in paragraph (e) of this section, the owner or operator of an affected source located at an existing or new major source of HAP emissions shall comply with the standards in this subpart as specified in paragraphs (c)(1) through (3) of this section. (1) For each glycol dehydration unit process vent subject to this subpart, the owner or operator shall comply with the requirements specified in paragraphs (c)(1)(i) through (iii) of this section. (i) The owner or operator shall comply with the control requirements for glycol dehydration unit process vents specified in § 63.765; (ii) The owner or operator shall comply with the monitoring requirements specified in § 63.773; and (iii) The owner or operator shall comply with the recordkeeping and reporting requirements specified in §§ 63.774 and 63.775. (2) For each storage vessel with the potential for flash emissions subject to this subpart, the owner or operator shall comply with the requirements specified in paragraphs (c)(2)(i) through (iii) of this section. (i) The control requirements for storage vessels specified in § 63.766; (ii) The monitoring requirements specified in § 63.773; and (iii) The recordkeeping and reporting requirements specified in §§ 63.774 and 63.775. (3) For ancillary equipment (as defined in § 63.761) and compressors at a natural gas processing plant subject to this subpart, the owner or operator shall comply with the requirements for equipment leaks specified in § 63.769. (d) Except as specified in paragraph (e)(1) of this section, the owner or operator of an affected source located at an existing or new area source of HAP emissions shall comply with the applicable standards specified in paragraph (d) of this section. (1) Each owner or operator of an area source located within an UA plus offset and UC boundary (as defined in § 63.761) shall comply with the provisions specified in paragraphs (d)(1)(i) through (iii) of this section. (i) The control requirements for glycol dehydration unit process vents specified in § 63.765; (ii) The monitoring requirements specified in § 63.773; and (iii) The recordkeeping and reporting requirements specified in §§ 63.774 and 63.775. (2) Each owner or operator of an area source not located in a UA plus offset and UC boundary (as defined in § 63.761) shall comply with paragraphs (d)(2)(i) through (iii) of this section. (i) Determine the optimum glycol circulation rate using the following equation: Where: L OPT F = Gas flowrate (MMSCF/D). I = Inlet water content (lb/MMSCF). O = Outlet water content (lb/MMSCF). 3.0 = The industry accepted rule of thumb for a TEG-to water ratio (gal TEG/lb H 2 1.15 = Adjustment factor included for a margin of safety. (ii) Operate the TEG dehydration unit such that the actual glycol circulation rate does not exceed the optimum glycol circulation rate determined in accordance with paragraph (d)(2)(i) of this section. If the TEG dehydration unit is unable to meet the sales gas specification for moisture content using the glycol circulation rate determined in accordance with paragraph (d)(2)(i), the owner or operator must calculate an alternate circulation rate using GRI-GLYCalc TM (iii) Maintain a record of the determination specified in paragraph (d)(2)(ii) in accordance with the requirements in § 63.774(f) and submit the Initial Notification in accordance with the requirements in § 63.775(c)(7). If operating conditions change and a modification to the optimum glycol circulation rate is required, the owner or operator shall prepare a new determination in accordance with paragraph (d)(2)(i) or (ii) of this section and submit the information specified under § 63.775(c)(7)(ii) through (v). (e) Exemptions. (i) The actual annual average flowrate of natural gas to the glycol dehydration unit is less than 85 thousand standard cubic meters per day, as determined by the procedures specified in § 63.772(b)(1) of this subpart; or (ii) The actual average emissions of benzene from the glycol dehydration unit process vent to the atmosphere are less than 0.90 megagram per year, as determined by the procedures specified in § 63.772(b)(2) of this subpart. (2) The owner or operator is exempt from the requirements of paragraph (c)(3) of this section for ancillary equipment (as defined in § 63.761) and compressors at a natural gas processing plant subject to this subpart if the criteria listed in paragraph (e)(2)(i) or (ii) of this section are met, except that the records of the determination of these criteria must be maintained as required in § 63.774(d)(2). (i) Any ancillary equipment and compressors that contain or contact a fluid (liquid or gas) must have a total VHAP concentration less than 10 percent by weight, as determined by the procedures specified in § 63.772(a); or (ii) That ancillary equipment and compressors must operate in VHAP service less than 300 hours per calendar year. (f) Each owner or operator of a major HAP source subject to this subpart is required to apply for a 40 CFR part 70 or part 71 operating permit from the appropriate permitting authority. If the Administrator has approved a State operating permit program under 40 CFR part 70, the permit shall be obtained from the State authority. If a State operating permit program has not been approved, the owner or operator of a source shall apply to the EPA Regional Office pursuant to 40 CFR part 71. (g)-(h) [Reserved] (i) In all cases where the provisions of this subpart require an owner or operator to repair leaks by a specified time after the leak is detected, it is a violation of this standard to fail to take action to repair the leak(s) within the specified time. If action is taken to repair the leak(s) within the specified time, failure of that action to successfully repair the leak(s) is not a violation of this standard. However, if the repairs are unsuccessful, and a leak is detected, the owner or operator shall take further action as required by the applicable provisions of this subpart. (j) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 72 FR 38, Jan. 3, 2007; 77 FR 49570, Aug. 16, 2012] § 63.765 Glycol dehydration unit process vent standards. (a) This section applies to each glycol dehydration unit subject to this subpart that must be controlled for air emissions as specified in either paragraph (c)(1)(i) or paragraph (d)(1)(i) of § 63.764. (b) Except as provided in paragraph (c) of this section, an owner or operator of a glycol dehydration unit process vent shall comply with the requirements specified in paragraphs (b)(1) and (b)(2) of this section. (1) For each glycol dehydration unit process vent, the owner or operator shall control air emissions by either paragraph (b)(1)(i), (ii), or (iii) of this section. (i) The owner or operator of a large glycol dehydration unit, as defined in § 63.761, shall connect the process vent to a control device or a combination of control devices through a closed-vent system. The closed-vent system shall be designed and operated in accordance with the requirements of § 63.771(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.771(d). (ii) The owner or operator of a large glycol dehydration unit shall connect the process vent to a control device or combination of control devices through a closed-vent system and the outlet benzene emissions from the control device(s) shall be reduced to a level less than 0.90 megagrams per year. The closed-vent system shall be designed and operated in accordance with the requirements of § 63.771(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.771(d), except that the performance levels specified in § 63.771(d)(1)(i) and (ii) do not apply. (iii) You must limit BTEX emissions from each existing small glycol dehydration unit process vent, as defined in § 63.761, to the limit determined in Equation 1 of this section. You must limit BTEX emissions from each new small glycol dehydration unit process vent, as defined in § 63.761, to the limit determined in Equation 2 of this section. The limits determined using Equation 1 or Equation 2 must be met in accordance with one of the alternatives specified in paragraphs (b)(1)(iii)(A) through (D) of this section. Equation 1 Where: EL BTEX 3.28 × 10 −4 Throughput = Annual average daily natural gas throughput, standard cubic meters per day. C i,BTEX Where: EL BTEX 4.66 × 10 −6 Throughput = Annual average daily natural gas throughput, standard cubic meters per day. C i,BTEX (A) Connect the process vent to a control device or combination of control devices through a closed-vent system. The closed vent system shall be designed and operated in accordance with the requirements of § 63.771(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.771(f). (B) Meet the emissions limit through process modifications in accordance with the requirements specified in § 63.771(e). (C) Meet the emissions limit for each small glycol dehydration unit using a combination of process modifications and one or more control devices through the requirements specified in paragraphs (b)(1)(iii)(A) and (B) of this section. (D) Demonstrate that the emissions limit is met through actual uncontrolled operation of the small glycol dehydration unit. Document operational parameters in accordance with the requirements specified in § 63.771(e) and emissions in accordance with the requirements specified in § 63.772(b)(2). (2) One or more safety devices that vent directly to the atmosphere may be used on the air emission control equipment installed to comply with paragraph (b)(1) of this section. (c) As an alternative to the requirements of paragraph (b) of this section, the owner or operator may comply with one of the requirements specified in paragraphs (c)(1) through (3) of this section. (1) The owner or operator shall control air emissions by connecting the process vent to a process natural gas line. (2) The owner or operator shall demonstrate, to the Administrator's satisfaction, that the total HAP emissions to the atmosphere from the large glycol dehydration unit process vent are reduced by 95.0 percent through process modifications, or a combination of process modifications and one or more control devices, in accordance with the requirements specified in § 63.771(e). (3) Control of HAP emissions from a GCG separator (flash tank) vent is not required if the owner or operator demonstrates, to the Administrator's satisfaction, that total emissions to the atmosphere from the glycol dehydration unit process vent are reduced by one of the levels specified in paragraph (c)(3)(i) through (iv) of this section, through the installation and operation of controls as specified in paragraph (b)(1) of this section. (i) For any large glycol dehydration unit, HAP emissions are reduced by 95.0 percent or more. (ii) For any large glycol dehydration unit, benzene emissions are reduced to a level less than 0.90 megagrams per year. (iii) For each existing small glycol dehydration unit, BTEX emissions are reduced to a level less than the limit calculated by Equation 1 of paragraph (b)(1)(iii) of this section. (iv) For each new small glycol dehydration unit, BTEX emissions are reduced to a level less than the limit calculated by Equation 2 of paragraph (b)(1)(iii) of this section. [64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 72 FR 38, Jan. 3, 2007; 77 FR 49570, Aug. 16, 2012] § 63.766 Storage vessel standards. (a) This section applies to each storage vessel with the potential for flash emissions (as defined in § 63.761) subject to this subpart. (b) The owner or operator of a storage vessel with the potential for flash emissions (as defined in § 63.761) shall comply with one of the control requirements specified in paragraphs (b)(1) and (2) of this section. (1) The owner or operator shall equip the affected storage vessel with the potential for flash emissions with a cover that is connected, through a closed-vent system that meets the conditions specified in § 63.771(c), to a control device or a combination of control devices that meets any of the conditions specified in § 63.771(d). The cover shall be designed and operated in accordance with the requirements of § 63.771(b). (2) The owner or operator of a pressure storage vessel that is designed to operate as a closed system shall operate the storage vessel with no detectable emissions at all times that material is in the storage vessel, except as provided for in paragraph (c) of this section. (3) The owner or operator shall control air emissions by connecting the cover, through a closed-vent system that meets the conditions specified in § 63.771(c), to a process natural gas line. (c) One or more safety devices that vent directly to the atmosphere may be used on the storage vessel and air emission control equipment complying with paragraphs (b)(1) and (2) of this section. (d) This section does not apply to storage vessels for which the owner or operator is subject to and controlled under the requirements specified in 40 CFR part 60, subparts Kb or OOOO; or is subject to and controlled under the requirements specified under 40 CFR part 63 subparts G or CC. Storage vessels subject to and controlled under 40 CFR part 60, subpart OOOO shall submit the periodic reports specified in § 63.775(e). [64 FR 32628, June 17, 1999, as amended at 77 FR 49571, Aug. 16, 2012] §§ 63.767-63.768 [Reserved] § 63.769 Equipment leak standards. (a) This section applies to equipment subject to this subpart and specified in paragraphs (a)(1) and (2) of this section that is located at a natural gas processing plant and operates in VHAP service equal to or greater than 300 hours per calendar year. (1) Ancillary equipment, as defined in § 63.761; and (2) Compressors. (b) This section does not apply to ancillary equipment and compressors for which the owner or operator is subject to and controlled under the requirements specified in subpart H of this part; or is subject to and controlled under the requirements specified in 40 CFR part 60, subpart OOOO. Ancillary equipment and compressors subject to and controlled under 40 CFR part 60, subpart OOOO shall submit the periodic reports specified in § 63.775(e). (c) For each piece of ancillary equipment and each compressor subject to this section located at an existing or new source, the owner or operator shall meet the requirements specified in 40 CFR part 61, subpart V, §§ 61.241 through 61.247, except as specified in paragraphs (c)(1) through (8) of this section, except that for valves subject to § 61.242-7(b) or § 61.243-1, a leak is detected if an instrument reading of 500 ppm or greater is measured. A leak detected from a valve at a source constructed on or before August 23, 2011 shall be repaired in accordance with the schedule in § 61.242-7(d), or by October 15, 2013, whichever is later. A leak detected from a valve at a source constructed after August 23, 2011 shall be repaired in accordance with the schedule in § 61.242-7(d), or by October 15, 2012, whichever is later. (1) Each pressure relief device in gas/vapor service shall be monitored quarterly and within 5 days after each pressure release to detect leaks, except under the following conditions. (i) The owner or operator has obtained permission from the Administrator to use an alternative means of emission limitation that achieves a reduction in emissions of VHAP at least equivalent to that achieved by the control required in this subpart. (ii) The pressure relief device is located in a nonfractionating facility that is monitored only by non-facility personnel, it may be monitored after a pressure release the next time the monitoring personnel are on site, instead of within 5 days. Such a pressure relief device shall not be allowed to operate for more than 30 days after a pressure release without monitoring. (2) For pressure relief devices, if an instrument reading of 10,000 parts per million or greater is measured, a leak is detected. (3) For pressure relief devices, when a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after it is detected, unless a delay in repair of equipment is granted under 40 CFR 61.242-10. (4) Sampling connection systems are exempt from the requirements of 40 CFR 61.242-5. (5) Pumps in VHAP service, valves in gas/vapor and light liquid service, and pressure relief devices in gas/vapor service that are located at a nonfractionating plant that does not have the design capacity to process 283,000 standard cubic meters per day or more of field gas are exempt from the routine monitoring requirements of 40 CFR 61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of this section. (6) Pumps in VHAP service, valves in gas/vapor and light liquid service, and pressure relief devices in gas/vapor service located within a natural gas processing plant that is located on the Alaskan North Slope are exempt from the routine monitoring requirements of 40 CFR 61.242-2(a)(1) and 61.242-7(a), and paragraphs (c)(1) through (3) of this section. (7) Reciprocating compressors in wet gas service are exempt from the compressor control requirements of 40 CFR 61.242-3. (8) Flares, as defined in § 63.761, used to comply with this subpart shall comply with the requirements of § 63.11(b). [64 FR 32628, June 17, 1999, as amended at 66 FR 34551, June 29, 2001; 77 FR 49571, Aug. 16, 2012] § 63.770 [Reserved] § 63.771 Control equipment requirements. (a) This section applies to each cover, closed-vent system, and control device installed and operated by the owner or operator to control air emissions as required by the provisions of this subpart. Compliance with paragraphs (b), (c), and (d) of this section will be determined by review of the records required by § 63.774 and the reports required by § 63.775, by review of performance test results, and by inspections. (b) Cover requirements. (2) Each cover opening shall be secured in a closed, sealed position (e.g., covered by a gasketed lid or cap) whenever material is in the unit on which the cover is installed except during those times when it is necessary to use an opening as follows: (i) To add material to, or remove material from the unit (this includes openings necessary to equalize or balance the internal pressure of the unit following changes in the level of the material in the unit); (ii) To inspect or sample the material in the unit; (iii) To inspect, maintain, repair, or replace equipment located inside the unit; or (iv) To vent liquids, gases, or fumes from the unit through a closed-vent system to a control device designed and operated in accordance with the requirements of paragraphs (c) and (d) of this section. (c) Closed-vent system requirements. (2) The closed-vent system shall be designed and operated with no detectable emissions. (3) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, the owner or operator shall meet the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section. (i) For each bypass device, except as provided for in paragraph (c)(3)(ii) of this section, the owner or operator shall either: (A) At the inlet to the bypass device that could divert the stream away from the control device to the atmosphere, properly install, calibrate, maintain, and operate a flow indicator that is capable of taking periodic readings and sounding an alarm when the bypass device is open such that the stream is being, or could be, diverted away from the control device to the atmosphere; or (B) Secure the bypass device valve installed at the inlet to the bypass device in the non-diverting position using a car-seal or a lock-and-key type configuration. (ii) Low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and safety devices are not subject to the requirements of paragraph (c)(3)(i) of this section. (d) Control device requirements for sources except small glycol dehydration units. (1) The control device used to reduce HAP emissions in accordance with the standards of this subpart shall be one of the control devices specified in paragraphs (d)(1)(i) through (iii) of this section. (i) An enclosed combustion device (e.g., thermal vapor incinerator, catalytic vapor incinerator, boiler, or process heater) that is designed and operated in accordance with one of the following performance requirements: (A) Reduces the mass content of either TOC or total HAP in the gases vented to the device by 95.0 percent by weight or greater as determined in accordance with the requirements of § 63.772(e); or (B) Reduces the concentration of either TOC or total HAP in the exhaust gases at the outlet to the device to a level equal to or less than 20 parts per million by volume on a dry basis corrected to 3 percent oxygen as determined in accordance with the requirements of § 63.772(e); or (C) Operates at a minimum temperature of 760 degrees C, provided the control device has demonstrated, under § 63.772(e), that combustion zone temperature is an indicator of destruction efficiency. (D) If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (ii) A vapor recovery device (e.g., carbon adsorption system or condenser) or other non-destructive control device that is designed and operated to reduce the mass content of either TOC or total HAP in the gases vented to the device by 95.0 percent by weight or greater as determined in accordance with the requirements of § 63.772(e). (iii) A flare, as defined in § 63.761, that is designed and operated in accordance with the requirements of § 63.11(b). (2) [Reserved] (3) The owner or operator shall demonstrate that a control device achieves the performance requirements of paragraph (d)(1) of this section as specified in § 63.772(e). (4) The owner or operator shall operate each control device in accordance with the requirements specified in paragraphs (d)(4)(i) and (ii) of this section. (i) Each control device used to comply with this subpart shall be operating at all times when gases, vapors, and fumes are vented from the HAP emissions unit or units through the closed-vent system to the control device, as required under § 63.765, § 63.766, and § 63.769. An owner or operator may vent more than one unit to a control device used to comply with this subpart. (ii) For each control device monitored in accordance with the requirements of § 63.773(d), the owner or operator shall demonstrate compliance according to the requirements of § 63.772(f) or (g), as applicable. (5) For each carbon adsorption system used as a control device to meet the requirements of paragraph (d)(1) of this section, the owner or operator shall manage the carbon as follows: (i) Following the initial startup of the control device, all carbon in the control device shall be replaced with fresh carbon on a regular, predetermined time interval that is no longer than the carbon service life established for the carbon adsorption system. Records identifying the schedule for replacement and records of each carbon replacement shall be maintained as required in § 63.774(b)(7)(ix). The schedule for replacement shall be submitted with the Notification of Compliance Status Report as specified in § 63.775(d)(5)(iv). Each carbon replacement must be reported in the Periodic Reports as specified in § 63.772(e)(2)(xii). (ii) The spent carbon removed from the carbon adsorption system shall be either regenerated, reactivated, or burned in one of the units specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this section. (A) Regenerated or reactivated in a thermal treatment unit for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart X. (B) Regenerated or reactivated in a thermal treatment unit equipped with and operating air emission controls in accordance with this section. (C) Regenerated or reactivated in a thermal treatment unit equipped with and operating organic air emission controls in accordance with a national emissions standard for HAP under another subpart in 40 CFR part 61 or this part. (D) Burned in a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart O. (E) Burned in a hazardous waste incinerator which the owner or operator has designed and operates in accordance with the requirements of 40 CFR part 265, subpart O. (F) Burned in a boiler or industrial furnace for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 266, subpart H. (G) Burned in a boiler or industrial furnace which the owner or operator has designed and operates in accordance with the interim status requirements of 40 CFR part 266, subpart H. (e) Process modification requirements. (1) The owner or operator shall determine glycol dehydration unit baseline operations (as defined in § 63.761). Records of glycol dehydration unit baseline operations shall be retained as required under § 63.774(b)(10). (2) The owner or operator shall document, to the Administrator's satisfaction, the conditions for which glycol dehydration unit baseline operations shall be modified to achieve the 95.0 percent overall HAP emission reduction, or BTEX limit determined in § 63.765(b)(1)(iii), as applicable, either through process modifications or through a combination of process modifications and one or more control devices. If a combination of process modifications and one or more control devices are used, the owner or operator shall also establish the emission reduction to be achieved by the control device to achieve an overall HAP emission reduction of 95.0 percent for the glycol dehydration unit process vent or, if applicable, the BTEX limit determined in § 63.765(b)(1)(iii) for the small glycol dehydration unit process vent. Only modifications in glycol dehydration unit operations directly related to process changes, including but not limited to changes in glycol circulation rate or glycol-HAP absorbency, shall be allowed. Changes in the inlet gas characteristics or natural gas throughput rate shall not be considered in determining the overall emission reduction due to process modifications. (3) The owner or operator that achieves a 95.0 percent HAP emission reduction or meets the BTEX limit determined in § 63.765(b)(1)(iii), as applicable, using process modifications alone shall comply with paragraph (e)(3)(i) of this section. The owner or operator that achieves a 95.0 percent HAP emission reduction or meets the BTEX limit determined in § 63.765(b)(1)(iii), as applicable, using a combination of process modifications and one or more control devices shall comply with paragraphs (e)(3)(i) and (ii) of this section. (i) The owner or operator shall maintain records, as required in § 63.774(b)(11), that the facility continues to operate in accordance with the conditions specified under paragraph (e)(2) of this section. (ii) The owner or operator shall comply with the control device requirements specified in paragraph (d) or (f) of this section, as applicable, except that the emission reduction or limit achieved shall be the emission reduction or limit specified for the control device(s) in paragraph (e)(2) of this section. (f) Control device requirements for small glycol dehydration units. (i) An enclosed combustion device (e.g., thermal vapor incinerator, catalytic vapor incinerator, boiler, or process heater) that is designed and operated to meet the levels specified in paragraphs (f)(1)(i)(A) or (B) of this section. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (A) The mass content of BTEX in the gases vented to the device is reduced as determined in accordance with the requirements of § 63.772(e). (B) The concentration of either TOC or total HAP in the exhaust gases at the outlet of the device is reduced to a level equal to or less than 20 parts per million by volume on a dry basis corrected to 3 percent oxygen as determined in accordance with the requirements of § 63.772(e). (ii) A vapor recovery device (e.g., carbon adsorption system or condenser) or other non-destructive control device that is designed and operated to reduce the mass content of BTEX in the gases vented to the device as determined in accordance with the requirements of § 63.772(e). (iii) A flare, as defined in § 63.761, that is designed and operated in accordance with the requirements of § 63.11(b). (2) The owner or operator shall operate each control device in accordance with the requirements specified in paragraphs (f)(2)(i) and (ii) of this section. (i) Each control device used to comply with this subpart shall be operating at all times. An owner or operator may vent more than one unit to a control device used to comply with this subpart. (ii) For each control device monitored in accordance with the requirements of § 63.773(d), the owner or operator shall demonstrate compliance according to the requirements of either § 63.772(f) or (h). (3) For each carbon adsorption system used as a control device to meet the requirements of paragraph (f)(1)(ii) of this section, the owner or operator shall manage the carbon as required under (d)(5)(i) and (ii) of this section. [64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001; 68 FR 37353, June 23, 2003; 77 FR 49572, Aug. 16, 2012] § 63.772 Test methods, compliance procedures, and compliance demonstrations. (a) Determination of material VHAP or HAP concentration to determine the applicability of the equipment leak standards under this subpart (§ 63.769). (1) For a piece of ancillary equipment and compressors to be considered not in VHAP service, it must be determined that the percent VHAP content can be reasonably expected never to exceed 10.0 percent by weight. For the purposes of determining the percent VHAP content of the process fluid that is contained in or contacts a piece of ancillary equipment or compressor, you shall use the method in either paragraph (a)(1)(i) or paragraph (a)(1)(ii) of this section. (i) Method 18 of 40 CFR part 60, appendix A, or (ii) ASTM D6420-99 (2004), Standard Test Method for Determination of Gaseous Organic Compounds by Direct Interface Gas Chromatography-Mass Spectrometry (incorporated by reference—see § 63.14), provided that the provisions of paragraphs (a)(1)(ii)(A) through (D) of this section are followed: (A) The target compound(s) are those listed in section 1.1 of ASTM D6420-99 (2004); (B) The target concentration is between 150 parts per billion by volume and 100 parts per million by volume; (C) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 (2004), but potentially detected by mass spectrometry, the additional system continuing calibration check after each run, as detailed in section 10.5.3 of ASTM D6420-99 (2004), is conducted, met, documented, and submitted with the data report, even if there is no moisture condenser used or the compound is not considered water soluble; and (D) For target compound(s) not listed in Table 1.1 of ASTM D6420-99 (2004), and not amenable to detection by mass spectrometry, ASTM D6420-99 (2004) may not be used. (2) For a piece of ancillary equipment and compressors to be considered in wet gas service, it must be determined that it contains or contacts the field gas before the extraction of natural gas liquids. (b) Determination of glycol dehydration unit flowrate, benzene emissions, or BTEX emissions. (1) The determination of actual flowrate of natural gas to a glycol dehydration unit shall be made using the procedures of either paragraph (b)(1)(i) or (b)(1)(ii) of this section. (i) The owner or operator shall install and operate a monitoring instrument that directly measures natural gas flowrate to the glycol dehydration unit with an accuracy of plus or minus 2 percent or better. The owner or operator shall convert annual natural gas flowrate to a daily average by dividing the annual flowrate by the number of days per year the glycol dehydration unit processed natural gas. (ii) The owner or operator shall document, to the Administrator's satisfaction, the actual annual average natural gas flowrate to the glycol dehydration unit. (2) The determination of actual average benzene or BTEX emissions from a glycol dehydration unit shall be made using the procedures of either paragraph (b)(2)(i) or (ii) of this section. Emissions shall be determined either uncontrolled, or with federally enforceable controls in place. (i) The owner or operator shall determine actual average benzene or BTEX emissions using the model GRI-GLYCalc TM TM (ii) The owner or operator shall determine an average mass rate of benzene or BTEX emissions in kilograms per hour through direct measurement using the methods in § 63.772(a)(1)(i) or (ii), or an alternative method according to § 63.7(f). Annual emissions in kilograms per year shall be determined by multiplying the mass rate by the number of hours the unit is operated per year. This result shall be converted to megagrams per year. (c) No detectable emissions test procedure. (2) The detection instrument shall meet the performance criteria of Method 21, 40 CFR part 60, appendix A, except that the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the fluid and not for each individual organic compound in the stream. (3) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21, 40 CFR part 60, appendix A. (4) Calibration gases shall be as follows: (i) Zero air (less than 10 parts per million by volume hydrocarbon in air); and (ii) A mixture of methane in air at a concentration less than 10,000 parts per million by volume. (5) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (6)(i) Except as provided in paragraph (c)(6)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the process fluid, not each individual volatile organic compound in the stream. For process streams that contain nitrogen, air, or other inert gases that are not organic hazardous air pollutants or volatile organic compounds, the average stream response factor shall be calculated on an inert-free basis. (ii) If no instrument is available at the facility that will meet the performance criteria specified in paragraph (c)(6)(i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (c)(6)(i) of this section. (7) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (c)(7)(i) or (c)(7)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (c)(8) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (c)(5) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (c)(8) of this section. (8) A potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (c)(7) of this section, is less than 500 parts per million by volume. (d) Test procedures and compliance demonstrations for small glycol dehydration units. (1) If the owner or operator is using a control device to comply with the emission limit in § 63.765(b)(1)(iii), the requirements of paragraph (e) of this section apply. Compliance is demonstrated using the methods specified in paragraph (f) of this section. (2) If no control device is used to comply with the emission limit in § 63.765(b)(1)(iii), the owner or operator must determine the glycol dehydration unit BTEX emissions as specified in paragraphs (d)(2)(i) through (iii) of this section. Compliance is demonstrated if the BTEX emissions determined as specified in paragraphs (d)(2)(i) through (iii) are less than the emission limit calculated using the equation in § 63.765(b)(1)(iii). (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites at the outlet of the glycol dehydration unit process vent. Any references to particulate mentioned in Methods 1 and 1A do not apply to this section. (ii) The gas volumetric flowrate shall be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. (iii) The BTEX emissions from the outlet of the glycol dehydration unit process vent shall be determined using the procedures specified in paragraph (e)(3)(v) of this section. As an alternative, the mass rate of BTEX at the outlet of the glycol dehydration unit process vent may be calculated using the model GRI-GLYCalc TM TM TM (e) Control device performance test procedures. (1) The following control devices are exempt from the requirements to conduct performance tests and design analyses under this section: (i) Except as specified in paragraph (e)(2) of this section, a flare, as defined in § 63.761, that is designed and operated in accordance with § 63.11(b); (ii) Except for control devices used for small glycol dehydration units, a boiler or process heater with a design heat input capacity of 44 megawatts or greater; (iii) Except for control devices used for small glycol dehydration units, a boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel; (iv) Except for control devices used for small glycol dehydration units, a boiler or process heater burning hazardous waste for which the owner or operator has either been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or has certified compliance with the interim status requirements of 40 CFR part 266, subpart H; (v) Except for control devices used for small glycol dehydration units, a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O; or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (vi) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same methods specified in this section and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (2) An owner or operator shall design and operate each flare, as defined in § 63.761, in accordance with the requirements specified in § 63.11(b) and the compliance determination shall be conducted using Method 22 of 40 CFR part 60, appendix A, to determine visible emissions. (3) For a performance test conducted to demonstrate that a control device meets the requirements of § 63.771(d)(1), (e)(3)(ii) or (f)(1), the owner or operator shall use the test methods and procedures specified in paragraphs (e)(3)(i) through (v) of this section. The initial and periodic performance tests shall be conducted according to the schedule specified in paragraph (e)(3)(vi) of this section. (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites in paragraphs (e)(3)(i)(A) and (B) of this section. Any references to particulate mentioned in Methods 1 and 1A do not apply to this section. (A) To determine compliance with the control device percent reduction requirement specified in § 63.771(d)(1)(i)(A), (d)(1)(ii) or (e)(3)(ii), sampling sites shall be located at the inlet of the first control device, and at the outlet of the final control device. (B) To determine compliance with the enclosed combustion device total HAP concentration limit specified in § 63.771(d)(1)(i)(B), or the BTEX emission limit specified in § 63.765(b)(1)(iii) the sampling site shall be located at the outlet of the combustion device. (ii) The gas volumetric flowrate shall be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. (iii) To determine compliance with the control device percent reduction performance requirement in § 63.771(d)(1)(i)(A), (d)(1)(ii), and (e)(3)(ii), the owner or operator shall use one of the following methods: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in § 63.772(a)(1)(ii); or any other method or data that have been validated according to the applicable procedures in Method 301, 40 CFR part 63, appendix A. The following procedures shall be used to calculate percent reduction efficiency: (A) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The mass rate of either TOC (minus methane and ethane) or total HAP (E i o 1 3 i 4 ( 1 Where: C ij oj E i o M ij oj Q i o K 2 −6 n = Number of components in sample. ( 2 1 ( 3 1 ( 4 i 1 TM TM TM TM (C) The percent reduction in TOC (minus methane and ethane) or total HAP shall be calculated as follows: Where: R cd E i E o (D) If the vent stream entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total HAP exiting the device, respectively. (iv) To determine compliance with the enclosed combustion device total HAP concentration limit specified in § 63.771(d)(1)(i)(B), the owner or operator shall use one of the following methods to measure either TOC (minus methane and ethane) or total HAP: Method 18, 40 CFR part 60, appendix A; Method 25A, 40 CFR part 60, appendix A; ASTM D6420-99 (2004), as specified in § 63.772(a)(1)(ii), or any other method or data that have been validated according to Method 301 of appendix A of this part. The following procedures shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen: (A) The minimum sampling time for each run shall be 1 hour, in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The TOC concentration or total HAP concentration shall be calculated according to paragraph (e)(3)(iv)(B)( 1 2 ( 1 Where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. ( 2 1 (C) The TOC concentration or total HAP concentration shall be corrected to 3 percent oxygen as follows: ( 1 ( 2 Where: C c C m %O 2d (v) To determine compliance with the BTEX emission limit specified in § 63.765(b)(1)(iii) the owner or operator shall use one of the following methods: Method 18, 40 CFR part 60, appendix A; ASTM D6420-99 (Reapproved 2004), as specified in § 63.772(a)(1)(ii) (incorporated by reference as specified in § 63.14); or any other method or data that have been validated according to the applicable procedures in Method 301, 40 CFR part 63, appendix A. The following procedures shall be used to calculate BTEX emissions: (A) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The mass rate of BTEX (E o 1 2 ( 1 Where: E o C oj M oj Q o K 2 −6 n = Number of components in sample. ( 2 1 (vi) The owner or operator shall conduct performance tests according to the schedule specified in paragraphs (e)(3)(vi)(A) and (B) of this section. (A) An initial performance test shall be conducted within 180 days after the compliance date that is specified for each affected source in § 63.760(f)(7) through (8), except that the initial performance test for existing combustion control devices ( i.e., (B) Periodic performance tests shall be conducted for all control devices required to conduct initial performance tests except as specified in paragraphs (e)(3)(vi)(B)( 1 2 1 2 ( 1 ( 2 (4) For a condenser design analysis conducted to meet the requirements of § 63.771(d)(1), (e)(3)(ii), or (f)(1), the owner or operator shall meet the requirements specified in paragraphs (e)(4)(i) and (ii) of this section. Documentation of the design analysis shall be submitted as a part of the Notification of Compliance Status Report as required in § 63.775(d)(1)(i). (i) The condenser design analysis shall include an analysis of the vent stream composition, constituent concentrations, flowrate, relative humidity, and temperature, and shall establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. As an alternative to the condenser design analysis, an owner or operator may elect to use the procedures specified in paragraph (e)(5) of this section. (ii) If the owner or operator and the Administrator do not agree on a demonstration of control device performance using a design analysis then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of paragraph (e)(3) of this section. The Administrator may choose to have an authorized representative observe the performance test. (5) As an alternative to the procedures in paragraph (e)(4)(i) of this section, an owner or operator may elect to use the procedures documented in the GRI report entitled, “Atmospheric Rich/Lean Method for Determining Glycol Dehydrator Emissions” (GRI-95/0368.1) as inputs for the model GRI-GLYCalc TM (f) Compliance demonstration for control device performance requirements. (1) The owner or operator shall establish a site specific maximum or minimum monitoring parameter value (as appropriate) according to the requirements of § 63.773(d)(5)(i). (2) The owner or operator shall calculate the daily average of the applicable monitored parameter in accordance with § 63.773(d)(4) except that the inlet gas flowrate to the control device shall not be averaged. (3) Compliance with the operating parameter limit is achieved when the daily average of the monitoring parameter value calculated under paragraph (f)(2) of this section is either equal to or greater than the minimum or equal to or less than the maximum monitoring value established under paragraph (f)(1) of this section. For inlet gas flowrate, compliance with the operating parameter limit is achieved when the value is equal to or less than the value established under § 63.772(h) or under the performance test conducted under § 63.772(e), as applicable. (4) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), the CMS required in § 63.773(d) must be operated at all times the affected source is operating. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. Monitoring system repairs are required to be completed in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable. (5) Data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities may not be used in calculations used to report emissions or operating levels. All the data collected during all other required data collection periods must be used in assessing the operation of the control device and associated control system. (6) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required quality monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), failure to collect required data is a deviation of the monitoring requirements. (g) Compliance demonstration with percent reduction or emission limit performance requirements—condensers. (1) The owner or operator shall establish a site-specific condenser performance curve according to § 63.773(d)(5)(ii). For sources required to meet the BTEX limit in accordance with § 63.771(e) or (f)(1) the owner or operator shall identify the minimum percent reduction necessary to meet the BTEX limit. (2) Compliance with the requirements in § 63.771(d)(1)(ii), (e)(3), or (f)(1) shall be demonstrated by the procedures in paragraphs (g)(2)(i) through (iii) of this section. (i) The owner or operator must calculate the daily average condenser outlet temperature in accordance with § 63.773(d)(4). (ii) The owner or operator shall determine the condenser efficiency for the current operating day using the daily average condenser outlet temperature calculated under paragraph (g)(2)(i) of this section and the condenser performance curve established under paragraph (g)(1) of this section. (iii) Except as provided in paragraphs (g)(2)(iii)(A) and (B) of this section, at the end of each operating day, the owner or operator shall calculate the 365-day average HAP, or BTEX, emission reduction, as appropriate, from the condenser efficiencies as determined in paragraph (g)(2)(ii) of this section for the preceding 365 operating days. If the owner or operator uses a combination of process modifications and a condenser in accordance with the requirements of § 63.771(e), the 365-day average HAP, or BTEX, emission reduction shall be calculated using the emission reduction achieved through process modifications and the condenser efficiency as determined in paragraph (g)(2)(ii) of this section, both for the previous 365 operating days. (A) After the compliance dates specified in § 63.760(f), an owner or operator with less than 120 days of data for determining average HAP, or BTEX, emission reduction, as appropriate, shall calculate the average HAP, or BTEX emission reduction, as appropriate, for the first 120 days of operation after the compliance dates. For sources required to meet the overall 95.0 percent reduction requirement, compliance is achieved if the 120-day average HAP emission reduction is equal to or greater than 90.0 percent. For sources required to meet the BTEX limit under § 63.765(b)(1)(iii), compliance is achieved if the average BTEX emission reduction is at least 95.0 percent of the required 365-day value identified under paragraph (g)(1) of this section ( i.e., (B) After 120 days and no more than 364 days of operation after the compliance dates specified in § 63.760(f), the owner or operator shall calculate the average HAP emission reduction as the HAP emission reduction averaged over the number of days between the current day and the applicable compliance date. For sources required to meet the overall 95.0-percent reduction requirement, compliance with the performance requirements is achieved if the average HAP emission reduction is equal to or greater than 90.0 percent. For sources required to meet the BTEX limit under § 63.765(b)(1)(iii), compliance is achieved if the average BTEX emission reduction is at least 95.0 percent of the required 365-day value identified under paragraph (g)(1) of this section ( i.e., (3) If the owner or operator has data for 365 days or more of operation, compliance is achieved based on the applicable criteria in paragraphs (g)(3)(i) or (ii) of this section. (i) For sources meeting the HAP emission reduction specified in § 63.771(d)(1)(ii) or (e)(3) the average HAP emission reduction calculated in paragraph (g)(2)(iii) of this section is equal to or greater than 95.0 percent. (ii) For sources required to meet the BTEX limit under § 63.771(e)(3) or (f)(1), compliance is achieved if the average BTEX emission reduction calculated in paragraph (g)(2)(iii) of this section is equal to or greater than the minimum percent reduction identified in paragraph (g)(1) of this section. (h) Performance testing for combustion control devices—manufacturers' performance test. (2) Performance testing shall consist of three one-hour (or longer) test runs for each of the four following firing rate settings making a total of 12 test runs per test. Propene (propylene) gas shall be used for the testing fuel. All fuel analyses shall be performed by an independent third-party laboratory (not affiliated with the control device manufacturer or fuel supplier). (i) 90-100 percent of maximum design rate (fixed rate). (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 100 percent of the maximum design rate. Hold at 100 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 70 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 70 percent of the maximum design rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 30 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at 0 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 30 percent of the maximum design rate. Hold at 30 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 0 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (3) All models employing multiple enclosures shall be tested simultaneously and with all burners operational. Results shall be reported for the each enclosure individually and for the average of the emissions from all interconnected combustion enclosures/chambers. Control device operating data shall be collected continuously throughout the performance test using an electronic Data Acquisition System and strip chart. Data shall be submitted with the test report in accordance with paragraph (h)(8)(iii) of this section. (4) Inlet gas testing shall be conducted as specified in paragraphs (h)(4)(i) through (iii) of this section. (i) The inlet gas flow metering system shall be located in accordance with Method 2A, 40 CFR part 60, appendix A-1, (or other approved procedure) to measure inlet gas flowrate at the control device inlet location. The fitting for filling inlet gas sample containers shall be located a minimum of 8 pipe diameters upstream of any inlet gas flow monitoring meter. (ii) Inlet gas flowrate shall be determined using Method 2A, 40 CFR part 60, appendix A-1. Record the start and stop reading for each 60-minute THC test. Record the inlet gas pressure and temperature at 5-minute intervals throughout each 60-minute THC test. (iii) Inlet gas fuel sampling shall be conducted in accordance with the criteria in paragraphs (h)(4)(iii)(A) and (B) of this section. (A) At the inlet gas sampling location, securely connect a Silonite-coated stainless steel evacuated canister fitted with a flow controller sufficient to fill the canister over a 3 hour period. Filling shall be conducted as specified in the following: ( 1 ( 2 ( 3 (B) Each inlet gas sample shall be analyzed using the following methods. The results shall be included in the test report. ( 1 ( 2 2 2 2 2 ( 3 (5) Outlet testing shall be conducted in accordance with the criteria in paragraphs (h)(5)(i) through (v) of this section. (i) Sampling and flowrate measured in accordance with the following: (A) The outlet sampling location shall be a minimum of 4 equivalent stack diameters downstream from the highest peak flame or any other flow disturbance, and a minimum of one equivalent stack diameter upstream of the exit or any other flow disturbance. A minimum of two sample ports shall be used. (B) Flowrate shall be measured using Method 1, 40 CFR part 60, Appendix 1, for determining flow measurement traverse point location; and Method 2, 40 CFR part 60, Appendix 1, shall be used to measure duct velocity. If low flow conditions are encountered ( i.e., (ii) Molecular weight shall be determined as specified in paragraphs (h)(4)(iii)(B) and (h)(5)(ii)(A) and (B) of this section. (A) An integrated bag sample shall be collected during the Method 4, 40 CFR part 60, Appendix A, moisture test. Analyze the bag sample using a gas chromatograph-thermal conductivity detector (GC-TCD) analysis meeting the following criteria: ( 1 ( 2 ( 3 ( 4 (B) Report the molecular weight of: O 2 2 2 (iii) Carbon monoxide shall be determined using Method 10, 40 CFR part 60, Appendix A, or ASTM D6522-00 (Reapproved 2005), (incorporated by reference as specified in § 63.14). The test shall be run at the same time and with the sample points used for the EPA Method 25A, 40 CFR part 60, Appendix A, testing. An instrument range of 0-10 per million by volume-dry (ppmvd) shall be used. (iv) Visible emissions shall be determined using Method 22, 40 CFR part 60, Appendix A. The test shall be performed continuously during each test run. A digital color photograph of the exhaust point, taken from the position of the observer and annotated with date and time, will be taken once per test run and the four photos included in the test report. (v) Excess air shall be determined using resultant data from the EPA Method 3C tests and EPA Method 3B, 40 CFR part 60, Appendix A, equation 3B-1 or ANSI/ASME PTC 19.10, 1981-Part 10 (manual portion only) (incorporated by reference as specified in § 63.14). (6) Total hydrocarbons (THC) shall be determined as specified by the following criteria: (i) Conduct THC sampling using Method 25A, 40 CFR part 60, Appendix A, except the option for locating the probe in the center 10 percent of the stack shall not be allowed. The THC probe must be traversed to 16.7 percent, 50 percent, and 83.3 percent of the stack diameter during each test. (ii) A valid test shall consist of three Method 25A, 40 CFR part 60, Appendix A, tests, each no less than 60 minutes in duration. (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane) measurement range is preferred; as an alternative a 0-30 ppmvw (as carbon) measurement range may be used. (iv) Calibration gases will be propane in air and be certified through EPA Protocol 1—“EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards,” September 1997, as amended August 25, 1999, EPA-600/R-97/121 (or more recent if updated since 1999). (v) THC measurements shall be reported in terms of ppmvw as propane. (vi) THC results shall be corrected to 3 percent CO 2 (vii) Subtraction of methane/ethane from the THC data is not allowed in determining results. (7) Performance test criteria: (i) The control device model tested must meet the criteria in paragraphs (h)(7)(i)(A) through (C) of this section: (A) Method 22, 40 CFR part 60, Appendix A, results under paragraph (h)(5)(v) of this section with no indication of visible emissions, and (B) Average Method 25A, 40 CFR part 60, Appendix A, results under paragraph (h)(6) of this section equal to or less than 10.0 ppmvw THC as propane corrected to 3.0 percent CO 2 (C) Average CO emissions determined under paragraph (h)(5)(iv) of this section equal to or less than 10 parts ppmvd, corrected to 3.0 percent CO 2 (D) Excess combustion air shall be equal to or greater than 150 percent. (ii) The manufacturer shall determine a maximum inlet gas flowrate which shall not be exceeded for each control device model to achieve the criteria in paragraph (h)(7)(i) of this section. (iii) A control device meeting the criteria in paragraphs (h)(7)(i)(A) through (C) of this section will have demonstrated a destruction efficiency of 95.0 percent for HAP regulated under this subpart. (8) The owner or operator of a combustion control device model tested under this section shall submit the information listed in paragraphs (h)(8)(i) through (iii) of this section in the test report required under § 63.775(d)(1)(iii). (i) Full schematic of the control device and dimensions of the device components. (ii) Design net heating value (minimum and maximum) of the device. (iii) Test fuel gas flow range (in both mass and volume). Include the minimum and maximum allowable inlet gas flowrate. (iv) Air/stream injection/assist ranges, if used. (v) The test parameter ranges listed in paragraphs (h)(8)(v)(A) through (O) of this section, as applicable for the tested model. (A) Fuel gas delivery pressure and temperature. (B) Fuel gas moisture range. (C) Purge gas usage range. (D) Condensate (liquid fuel) separation range. (E) Combustion zone temperature range. This is required for all devices that measure this parameter. (F) Excess combustion air range. (G) Flame arrestor(s). (H) Burner manifold pressure. (I) Pilot flame sensor. (J) Pilot flame design fuel and fuel usage. (K) Tip velocity range. (L) Momentum flux ratio. (M) Exit temperature range. (N) Exit flowrate. (O) Wind velocity and direction. (vi) The test report shall include all calibration quality assurance/quality control data, calibration gas values, gas cylinder certification, and strip charts annotated with test times and calibration values. (i) Compliance demonstration for combustion control devices—manufacturers' performance test. (1) The inlet gas flowrate shall meet the range specified by the manufacturer. Flowrate shall be calculated as specified in § 63.773(d)(3)(i)(H)( 1 (2) A pilot flame shall be present at all times of operation. The pilot flame shall be monitored in accordance with § 63.773(d)(3)(i)(H)( 2 (3) Devices shall be operated with no visible emissions, except for periods not to exceed a total of 2 minutes during any hour. A visible emissions test using Method 22, 40 CFR part 60, Appendix A, shall be performed each calendar quarter. The observation period shall be 1 hour and shall be conducted according to EPA Method 22, 40 CFR part 60, Appendix A. (4) Compliance with the operating parameter limit is achieved when the following criteria are met: (i) The inlet gas flowrate monitored under paragraph (i)(1) of this section is equal to or below the maximum established by the manufacturer; and (ii) The pilot flame is present at all times; and (iii) During the visible emissions test performed under paragraph (i)(3) of this section the duration of visible emissions does not exceed a total of 2 minutes during the observation period. Devices failing the visible emissions test shall follow manufacturers repair instructions, if available, or best combustion engineering practice as outlined in the unit inspection and maintenance plan, to return the unit to compliant operation. All repairs and maintenance activities for each unit shall be recorded in a maintenance and repair log and shall be available on site for inspection. (iv) Following return to operation from maintenance or repair activity, each device must pass a Method 22 visual observation as described in paragraph (i)(3) of this section. [64 FR 32628, June 17, 1999, as amended at 66 FR 34552, June 29, 2001; 72 FR 38, Jan. 3, 2007; 77 FR 49573, Aug. 16, 2012] § 63.773 Inspection and monitoring requirements. (a) This section applies to an owner or operator using air emission controls in accordance with the requirements of §§ 63.765 and 63.766. (b) The owner or operator of a control device whose model was tested under § 63.772(h) shall develop an inspection and maintenance plan for each control device. At a minimum, the plan shall contain the control device manufacturer's recommendations for ensuring proper operation of the device. Semi-annual inspections shall be conducted for each control device with maintenance and replacement of control device components made in accordance with the plan. (c) Cover and closed-vent system inspection and monitoring requirements. (2) Except as provided in paragraphs (c)(5) and (6) of this section, each closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of this section, each cover shall be inspected according to the procedures and schedule specified in paragraph (c)(2)(iii) of this section, and each bypass device shall be inspected according to the procedures of paragraph (c)(2)(iv) of this section. (i) For each closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange), the owner or operator shall: (A) Conduct an initial inspection according to the procedures specified in § 63.772(c) to demonstrate that the closed-vent system operates with no detectable emissions. Inspection results shall be submitted with the Notification of Compliance Status Report as specified in § 63.775(d)(1) or (2). (B) Conduct annual visual inspections for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in piping; loose connections; or broken or missing caps or other closure devices. The owner or operator shall monitor a component or connection using the procedures in § 63.772(c) to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced or the connection is unsealed. Inspection results shall be submitted in the Periodic Report as specified in § 63.775(e)(2)(iii). (ii) For closed-vent system components other than those specified in paragraph (c)(2)(i) of this section, the owner or operator shall: (A) Conduct an initial inspection according to the procedures specified in § 63.772(c) to demonstrate that the closed-vent system operates with no detectable emissions. Inspection results shall be submitted with the Notification of Compliance Status Report as specified in § 63.775(d)(1) or (2). (B) Conduct annual inspections according to the procedures specified in § 63.772(c) to demonstrate that the components or connections operate with no detectable emissions. Inspection results shall be submitted in the Periodic Report as specified in § 63.775(e)(2)(iii). (C) Conduct annual visual inspections for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork; loose connections; or broken or missing caps or other closure devices. Inspection results shall be submitted in the Periodic Report as specified in § 63.775(e)(2)(iii). (iii) For each cover, the owner or operator shall: (A) Conduct visual inspections for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover, or between the cover and the separator wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. In the case where the storage vessel is buried partially or entirely underground, inspection is required only for those portions of the cover that extend to or above the ground surface, and those connections that are on such portions of the cover (e.g., fill ports, access hatches, gauge wells, etc.) and can be opened to the atmosphere. (B) The inspections specified in paragraph (c)(2)(iii)(A) of this section shall be conducted initially, following the installation of the cover. Inspection results shall be submitted with the Notification of Compliance Status Report as specified in § 63.775(d)(12). Thereafter, the owner or operator shall perform the inspection at least once every calendar year, except as provided in paragraphs (c)(5) and (6) of this section. Annual inspection results shall be submitted in the Periodic Report as specified in § 63.775(e)(2)(iii). (iv) For each bypass device, except as provided for in § 63.771(c)(3)(ii), the owner or operator shall either: (A) At the inlet to the bypass device that could divert the steam away from the control device to the atmosphere, set the flow indicator to take a reading at least once every 15 minutes; or (B) If the bypass device valve installed at the inlet to the bypass device is secured in the non-diverting position using a car-seal or a lock-and-key type configuration, visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass device. (3) In the event that a leak or defect is detected, the owner or operator shall repair the leak or defect as soon as practicable, except as provided in paragraph (c)(4) of this section. (i) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (ii) Repair shall be completed no later than 15 calendar days after the leak is detected. (4) Delay of repair of a closed-vent system or cover for which leaks or defects have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.761, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next shutdown. (5) Any parts of the closed-vent system or cover that are designated, as described in paragraphs (c)(5) (i) and (ii) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section if: (i) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraphs (c)(2)(i), (ii), or (iii) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times. (6) Any parts of the closed-vent system or cover that are designated, as described in paragraphs (c)(6) (i) and (ii) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs (c)(2)(i), (ii), and (iii) of this section if: (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (7) Records shall be maintained as specified in § 63.774(b)(5) through (8). (d) Control device monitoring requirements. (i) Each continuous parameter monitoring system shall measure data values at least once every hour and record either: (A) Each measured data value; or (B) Each block average value for each 1-hour period or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. (ii) A site-specific monitoring plan must be prepared that addresses the monitoring system design, data collection, and the quality assurance and quality control elements outlined in paragraph (d) of this section and in § 63.8(d). Each CPMS must be installed, calibrated, operated, and maintained in accordance with the procedures in your approved site-specific monitoring plan. Using the process described in § 63.8(f)(4), you may request approval of monitoring system quality assurance and quality control procedures alternative to those specified in paragraphs (d)(1)(ii)(A) through (E) of this section in your site-specific monitoring plan. (A) The performance criteria and design specifications for the monitoring system equipment, including the sample interface, detector signal analyzer, and data acquisition and calculations; (B) Sampling interface (e.g., thermocouple) location such that the monitoring system will provide representative measurements; (C) Equipment performance checks, system accuracy audits, or other audit procedures; (D) Ongoing operation and maintenance procedures in accordance with provisions in § 63.8(c)(1) and (3); and (E) Ongoing reporting and recordkeeping procedures in accordance with provisions in § 63.10(c), (e)(1), and (e)(2)(i). (iii) The owner or operator must conduct the CPMS equipment performance checks, system accuracy audits, or other audit procedures specified in the site-specific monitoring plan at least once every 12 months. (iv) The owner or operator must conduct a performance evaluation of each CPMS in accordance with the site-specific monitoring plan. (2) An owner or operator is exempt from the monitoring requirements specified in paragraphs (d)(3) through (7) of this section for the following types of control devices: (i) Except for control devices for small glycol dehydration units, a boiler or process heater in which all vent streams are introduced with the primary fuel or is used as the primary fuel; or (ii) Except for control devices for small glycol dehydration units, a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts. (3) The owner or operator shall install, calibrate, operate, and maintain a device equipped with a continuous recorder to measure the values of operating parameters appropriate for the control device as specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of this section. (i) A continuous monitoring system that measures the following operating parameters as applicable: (A) For a thermal vapor incinerator that demonstrates during the performance test conducted under § 63.772(e) that the combustion zone temperature is an accurate indicator of performance, a temperature monitoring device equipped with a continuous recorder. The monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location representative of the combustion zone temperature. (B) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet. (C) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame. (D) For a boiler or process heater, a temperature monitoring device equipped with a continuous recorder. The temperature monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location representative of the combustion zone temperature. (E) For a condenser, a temperature monitoring device equipped with a continuous recorder. The temperature monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser. (F) For a regenerative-type carbon adsorption system: ( 1 ( 2 (G) For a nonregenerative-type carbon adsorption system, the owner or operator shall monitor the design carbon replacement interval established using a performance test performed in accordance with § 63.772(e)(3) and shall be based on the total carbon working capacity of the control device and source operating schedule. (H) For a control device model whose model is tested under § 63.772(h): ( 1 TM ( 2 (ii) A continuous monitoring system that measures the concentration level of organic compounds in the exhaust vent stream from the control device using an organic monitoring device equipped with a continuous recorder. The monitor must meet the requirements of Performance Specification 8 or 9 of appendix B of 40 CFR part 60 and must be installed, calibrated, and maintained according to the manufacturer's specifications. (iii) A continuous monitoring system that measures alternative operating parameters other than those specified in paragraph (d)(3)(i) or (d)(3)(ii) of this section upon approval of the Administrator as specified in § 63.8(f)(1) through (5). (4) Using the data recorded by the monitoring system, except for inlet gas flowrate, the owner or operator must calculate the daily average value for each monitored operating parameter for each operating day. If the emissions unit operation is continuous, the operating day is a 24-hour period. If the emissions unit operation is not continuous, the operating day is the total number of hours of control device operation per 24-hour period. Valid data points must be available for 75 percent of the operating hours in an operating day to compute the daily average. (5) For each operating parameter monitor installed in accordance with the requirements of paragraph (d)(3) of this section, the owner or operator shall comply with paragraph (d)(5)(i) of this section for all control devices, and when condensers are installed, the owner or operator shall also comply with paragraph (d)(5)(ii) of this section. (i) The owner or operator shall establish a minimum operating parameter value or a maximum operating parameter value, as appropriate for the control device, to define the conditions at which the control device must be operated to continuously achieve the applicable performance requirements of § 63.771(d)(1), (e)(3)(ii), or (f)(1). Each minimum or maximum operating parameter value shall be established as follows: (A) If the owner or operator conducts performance tests in accordance with the requirements of § 63.772(e)(3) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.771(d)(1), (e)(3)(ii) or (f)(1), then the minimum operating parameter value or the maximum operating parameter value shall be established based on values measured during the performance test and supplemented, as necessary, by a condenser design analysis or control device manufacturer recommendations or a combination of both. (B) If the owner or operator uses a condenser design analysis in accordance with the requirements of § 63.772(e)(4) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.771(d)(1), (e)(3)(ii), or (f)(1), then the minimum operating parameter value or the maximum operating parameter value shall be established based on the condenser design analysis and may be supplemented by the condenser manufacturer's recommendations. (C) If the owner or operator operates a control device where the performance test requirement was met under § 63.772(h) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.771(d)(1), (e)(3)(ii), or (f)(1), then the maximum inlet gas flowrate shall be established based on the performance test and supplemented, as necessary, by the manufacturer recommendations. (ii) The owner or operator shall establish a condenser performance curve showing the relationship between condenser outlet temperature and condenser control efficiency. The curve shall be established as follows: (A) If the owner or operator conducts a performance test in accordance with the requirements of § 63.772(e)(3) to demonstrate that the condenser achieves the applicable performance requirements in § 63.771(d)(1), (e)(3)(ii), or (f)(1), then the condenser performance curve shall be based on values measured during the performance test and supplemented as necessary by control device design analysis, or control device manufacturer's recommendations, or a combination of both. (B) If the owner or operator uses a control device design analysis in accordance with the requirements of § 63.772(e)(4)(i) to demonstrate that the condenser achieves the applicable performance requirements specified in § 63.771(d)(1), (e)(3)(ii), or (f)(1), then the condenser performance curve shall be based on the condenser design analysis and may be supplemented by the control device manufacturer's recommendations. (C) As an alternative to paragraph (d)(5)(ii)(B) of this section, the owner or operator may elect to use the procedures documented in the GRI report entitled, “Atmospheric Rich/Lean Method for Determining Glycol Dehydrator Emissions” (GRI-95/0368.1) as inputs for the model GRI-GLYCalc TM (6) An excursion for a given control device is determined to have occurred when the monitoring data or lack of monitoring data result in any one of the criteria specified in paragraphs (d)(6)(i) through (vi) of this section being met. When multiple operating parameters are monitored for the same control device and during the same operating day and more than one of these operating parameters meets an excursion criterion specified in paragraphs (d)(6)(i) through (vi) of this section, then a single excursion is determined to have occurred for the control device for that operating day. (i) An excursion occurs when the daily average value of a monitored operating parameter is less than the minimum operating parameter limit (or, if applicable, greater than the maximum operating parameter limit) established for the operating parameter in accordance with the requirements of paragraph (d)(5)(i) of this section. (ii) For sources meeting § 63.771(d)(1)(ii), an excursion occurs when the 365-day average condenser efficiency calculated according to the requirements specified in § 63.772(g)(2)(iii) is less than 95.0 percent. For sources meeting § 63.771(f)(1), an excursion occurs when the 365-day average condenser efficiency calculated according to the requirements specified in § 63.772(g)(2)(iii) is less than 95.0 percent of the identified 365-day required percent reduction. (iii) For sources meeting § 63.771(d)(1)(ii), if an owner or operator has less than 365 days of data, an excursion occurs when the average condenser efficiency calculated according to the procedures specified in § 63.772(g)(2)(iii)(A) or (B) is less than 90.0 percent. For sources meeting § 63.771(f)(1), an excursion occurs when the 365-day average condenser efficiency calculated according to the requirements specified in § 63.772(g)(2)(iii) is less than the identified 365-day required percent reduction. (iv) An excursion occurs when the monitoring data are not available for at least 75 percent of the operating hours in a day. (v) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, an excursion occurs when: (A) For each bypass line subject to § 63.771(c)(3)(i)(A) the flow indicator indicates that flow has been detected and that the stream has been diverted away from the control device to the atmosphere. (B) For each bypass line subject to § 63.771(c)(3)(i)(B), if the seal or closure mechanism has been broken, the bypass line valve position has changed, the key for the lock-and-key type lock has been checked out, or the car-seal has broken. (vi) For control device whose model is tested under § 63.772(h) an excursion occurs when: (A) The inlet gas flowrate exceeds the maximum established during the test conducted under § 63.772(h). (B) Failure of the quarterly visible emissions test conducted under § 63.772(i)(3) occurs. (7) For each excursion, the owner or operator shall be deemed to have failed to have applied control in a manner that achieves the required operating parameter limits. Failure to achieve the required operating parameter limits is a violation of this standard. [64 FR 32628, June 17, 1999, as amended at 66 FR 34553, June 29, 2001; 68 FR 37353, June 23, 2003; 71 FR 20457, Apr. 20, 2006; 77 FR 49578, Aug. 16, 2012] § 63.774 Recordkeeping requirements. (a) The recordkeeping provisions of 40 CFR part 63, subpart A, that apply and those that do not apply to owners and operators of sources subject to this subpart are listed in Table 2 of this subpart. (b) Except as specified in paragraphs (c), (d), and (f) of this section, each owner or operator of a facility subject to this subpart shall maintain the records specified in paragraphs (b)(1) through (11) of this section: (1) The owner or operator of an affected source subject to the provisions of this subpart shall maintain files of all information (including all reports and notifications) required by this subpart. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or period. (i) All applicable records shall be maintained in such a manner that they can be readily accessed. (ii) The most recent 12 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. (iii) The remaining 4 years of records may be retained offsite. (iv) Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (2) Records specified in § 63.10(b)(2); (3) Records specified in § 63.10(c) for each monitoring system operated by the owner or operator in accordance with the requirements of § 63.773(d). Notwithstanding the requirements of § 63.10(c), monitoring data recorded during periods identified in paragraphs (b)(3)(i) through (iv) of this section shall not be included in any average or percent leak rate computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating or failed to collect required data. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; (ii) [Reserved] (iii) Periods of non-operation resulting in cessation of the emissions to which the monitoring applies; and (iv) Excursions due to invalid data as defined in § 63.773(d)(6)(iv). (4) Each owner or operator using a control device to comply with § 63.764 of this subpart shall keep the following records up-to-date and readily accessible: (i) Continuous records of the equipment operating parameters specified to be monitored under § 63.773(d) or specified by the Administrator in accordance with § 63.773(d)(3)(iii). For flares, the hourly records and records of pilot flame outages specified in paragraph (e) of this section shall be maintained in place of continuous records. (ii) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.773(d)(4) of this subpart, except as specified in paragraphs (b)(4)(ii)(A) through (C) of this section. (A) For flares, the records required in paragraph (e) of this section. (B) For condensers installed to comply with § 63.765, records of the annual 365-day rolling average condenser efficiency determined under § 63.772(g) shall be kept in addition to the daily averages. (C) For a control device whose model is tested under § 63.772(h), the records required in paragraph (h) of this section. (iii) Hourly records of the times and durations of all periods when the vent stream is diverted from the control device or the device is not operating. (iv) Where a seal or closure mechanism is used to comply with § 63.771(c)(3)(i)(B), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanism has been done, and shall record the duration of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. (5) Records identifying all parts of the cover or closed-vent system that are designated as unsafe to inspect in accordance with § 63.773(c)(5), an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment. (6) Records identifying all parts of the cover or closed-vent system that are designated as difficult to inspect in accordance with § 63.773(c)(6), an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment. (7) For each inspection conducted in accordance with § 63.773(c), during which a leak or defect is detected, a record of the information specified in paragraphs (b)(7)(i) through (b)(7)(viii) of this section. (i) The instrument identification numbers, operator name or initials, and identification of the equipment. (ii) The date the leak or defect was detected and the date of the first attempt to repair the leak or defect. (iii) Maximum instrument reading measured by the method specified in § 63.772(c) after the leak or defect is successfully repaired or determined to be nonrepairable. (iv) “Repair delayed” and the reason for the delay if a leak or defect is not repaired within 15 calendar days after discovery of the leak or defect. (v) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown. (vi) The expected date of successful repair of the leak or defect if a leak or defect is not repaired within 15 calendar days. (vii) Dates of shutdowns that occur while the equipment is unrepaired. (viii) The date of successful repair of the leak or defect. (ix) Records identifying the carbon replacement schedule under § 63.771(d)(5) and records of each carbon replacement. (8) For each inspection conducted in accordance with § 63.773(c) during which no leaks or defects are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks or defects were detected. (9) Records identifying ancillary equipment and compressors that are subject to and controlled under the provisions of 40 CFR part 60, subpart KKK; 40 CFR part 61, subpart V; or 40 CFR part 63, subpart H. (10) Records of glycol dehydration unit baseline operations calculated as required under § 63.771(e)(1). (11) Records required in § 63.771(e)(3)(i) documenting that the facility continues to operate under the conditions specified in § 63.771(e)(2). (c) An owner or operator that elects to comply with the benzene emission limit specified in § 63.765(b)(1)(ii) shall document, to the Administrator's satisfaction, the following items: (1) The method used for achieving compliance and the basis for using this compliance method; and (2) The method used for demonstrating compliance with 0.90 megagrams per year of benzene. (3) Any information necessary to demonstrate compliance as required in the methods specified in paragraphs (c)(1) and (c)(2) of this section. (d)(1) An owner or operator of a glycol dehydration unit that meets the exemption criteria in § 63.764(e)(1)(i) or § 63.764(e)(1)(ii) shall maintain the records specified in paragraph (d)(1)(i) or paragraph (d)(1)(ii) of this section, as appropriate, for that glycol dehydration unit. (i) The actual annual average natural gas throughput (in terms of natural gas flowrate to the glycol dehydration unit per day) as determined in accordance with § 63.772(b)(1), or (ii) The actual average benzene emissions (in terms of benzene emissions per year) as determined in accordance with § 63.772(b)(2). (2) An owner or operator that is exempt from the control requirements under § 63.764(e)(2) of this subpart shall maintain the following records: (i) Information and data used to demonstrate that a piece of ancillary equipment or a compressor is not in VHAP service or not in wet gas service shall be recorded in a log that is kept in a readily accessible location. (ii) Identification and location of ancillary equipment or compressors, located at a natural gas processing plant subject to this subpart, that is in VHAP service less than 300 hours per year. (e) Record the following when using a flare to comply with § 63.771(d): (1) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (2) All visible emission readings, heat content determinations, flowrate measurements, and exit velocity determinations made during the compliance determination required by § 63.772(e)(2); and (3) All hourly records and other recorded periods when the pilot flame is absent. (f) The owner or operator of an area source not located within a UA plus offset and UC boundary must keep a record of the calculation used to determine the optimum glycol circulation rate in accordance with § 63.764(d)(2)(i) or § 63.764(d)(2)(ii), as applicable. (g) The owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation ( i.e., (h) Record the following when using a control device whose model is tested under § 63.772(h) to comply with § 63.771(d), (e)(3)(ii), and (f)(1): (1) All visible emission readings and flowrate calculations made during the compliance determination required by § 63.772(i); and (2) All hourly records and other recorded periods when the pilot flame is absent. (i) The date the semi-annual maintenance inspection required under § 63.773(b) is performed. Include a list of any modifications or repairs made to the control device during the inspection and other maintenance performed such as cleaning of the fuel nozzles. [64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 72 FR 39, Jan. 3, 2007; 77 FR 49579, Aug. 16, 2012] § 63.775 Reporting requirements. (a) The reporting provisions of subpart A of this part, that apply and those that do not apply to owners and operators of sources subject to this subpart are listed in Table 2 of this subpart. (b) Each owner or operator of a major source subject to this subpart shall submit the information listed in paragraphs (b)(1) through (b)(6) of this section, except as provided in paragraphs (b)(7) and (b)(8) of this section. (1) The initial notifications required for existing affected sources under § 63.9(b)(2) shall be submitted as provided in paragraphs (b)(1)(i) and (ii) of this section. (i) Except as otherwise provided in paragraph (b)(1)(ii) of this section, the initial notifications shall be submitted by 1 year after an affected source becomes subject to the provisions of this subpart or by June 17, 2000, whichever is later. Affected sources that are major sources on or before June 17, 2000, and plan to be area sources by June 17, 2002, shall include in this notification a brief, nonbinding description of a schedule for the action(s) that are planned to achieve area source status. (ii) An affected source identified under § 63.760(f)(7) or (9) shall submit an initial notification required for existing affected sources under § 63.9(b)(2) within 1 year after the affected source becomes subject to the provisions of this subpart or by October 15, 2013, whichever is later. An affected source identified under § 63.760(f)(7) or (9) that plans to be an area source by October 15, 2015, shall include in this notification a brief, nonbinding description of a schedule for the action(s) that are planned to achieve area source status. (2) The date of the performance evaluation as specified in § 63.8(e)(2), required only if the owner or operator is required by the Administrator to conduct a performance evaluation for a continuous monitoring system. A separate notification of the performance evaluation is not required if it is included in the initial notification submitted in accordance with paragraph (b)(1) of this section. (3) The planned date of a performance test at least 60 days before the test in accordance with § 63.7(b). Unless requested by the Administrator, a site-specific test plan is not required by this subpart. If requested by the Administrator, the owner or operator must also submit the site-specific test plan required by § 63.7(c) with the notification of the performance test. A separate notification of the performance test is not required if it is included in the initial notification submitted in accordance with paragraph (b)(1) of this section. (4) A Notification of Compliance Status report as described in paragraph (d) of this section; (5) Periodic Reports as described in paragraph (e) of this section; and (6) If there was a malfunction during the reporting period, the Periodic Report specified in paragraph (e) of this section shall include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.764(j), including actions taken to correct a malfunction. (7) [Reserved] (8) Each owner or operator of ancillary equipment and compressors subject to this subpart that are exempt from the control requirements for equipment leaks in § 63.769, are exempt from all reporting requirements for major sources in this subpart, for that equipment. (c) Except as provided in paragraph (c)(8), each owner or operator of an area source subject to this subpart shall submit the information listed in paragraph (c)(1) of this section. If the source is located within a UA plus offset and UC boundary, the owner or operator shall also submit the information listed in paragraphs (c)(2) through (6) of this section. If the source is not located within any UA plus offset and UC boundaries, the owner or operator shall also submit the information listed within paragraph (c)(7). (1) The initial notifications required under § 63.9(b)(2) not later than January 3, 2008, or no later than 120 days after the source becomes subject to this subpart, whichever is later. In addition to submitting your initial notification to the addressees specified under § 63.9(a), you must also submit a copy of the initial notification to the EPA's Office of Air Quality Planning and Standards. Send your notification via email to Oil and Gas Sector@epa.gov (2) The date of the performance evaluation as specified in § 63.8(e)(2) if an owner or operator is required by the Administrator to conduct a performance evaluation for a continuous monitoring system. (3) The planned date of a performance test at least 60 days before the test in accordance with § 63.7(b). Unless requested by the Administrator, a site-specific test plan is not required by this subpart. If requested by the Administrator, the owner or operator must submit the site-specific test plan required by § 63.7(c) with the notification of the performance test. A separate notification of the performance test is not required if it is included in the initial notification submitted in accordance with paragraph (c)(1) of this section. (4) A Notification of Compliance Status as described in paragraph (d) of this section; (5) Periodic reports as described in paragraph (e)(3) of this section; and (6) If there was a malfunction during the reporting period, the Periodic Report specified in paragraph (e) of this section shall include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.764(j), including actions taken to correct a malfunction. (7) The information listed in paragraphs (c)(1)(i) through (v) of this section. This information shall be submitted with the initial notification. (i) Documentation of the source's location relative to the nearest UA plus offset and UC boundaries. This information shall include the latitude and longitude of the affected source; whether the source is located in an urban cluster with 10,000 people or more; the distance in miles to the nearest urbanized area boundary if the source is not located in an urban cluster with 10,000 people or more; and the name of the nearest urban cluster with 10,000 people or more and nearest urbanized area. (ii) Calculation of the optimum glycol circulation rate determined in accordance with § 63.764(d)(2)(i). (iii) If applicable, documentation of the alternate glycol circulation rate calculated using GRI-GLYCalc TM (iv) The name of the manufacturer and the model number of the glycol circulation pump(s) in operation. (v) Statement by a responsible official, with that official's name, title, and signature, certifying that the facility will always operate the glycol dehydration unit using the optimum circulation rate determined in accordance with § 63.764(d)(2)(i) or § 63.764(d)(2)(ii), as applicable. (8) An owner or operator of a TEG dehydration unit located at an area source that meets the criteria in § 63.764(e)(1)(i) or § 63.764(e)(1)(ii) is exempt from the reporting requirements for area sources in paragraphs (c)(1) through (7) of this section, for that unit. (d) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status Report as required under § 63.9(h) within 180 days after the compliance date specified in § 63.760(f). In addition to the information required under § 63.9(h), the Notification of Compliance Status Report shall include the information specified in paragraphs (d)(1) through (12) of this section. This information may be submitted in an operating permit application, in an amendment to an operating permit application, in a separate submittal, or in any combination of the three. If all of the information required under this paragraph has been submitted at any time prior to 180 days after the applicable compliance dates specified in § 63.760(f), a separate Notification of Compliance Status Report is not required. If an owner or operator submits the information specified in paragraphs (d)(1) through (12) of this section at different times, and/or different submittals, subsequent submittals may refer to previous submittals instead of duplicating and resubmitting the previously submitted information. (1) If a closed-vent system and a control device other than a flare are used to comply with § 63.764, the owner or operator shall submit the information in paragraph (d)(1)(iii) of this section and the information in either paragraph (d)(1)(i) or (ii) of this section. (i) The condenser design analysis documentation specified in § 63.772(e)(4) of this subpart, if the owner or operator elects to prepare a design analysis. (ii) If the owner or operator is required to conduct a performance test, the performance test results including the information specified in paragraphs (d)(1)(ii)(A) and (B) of this section. Results of a performance test conducted prior to the compliance date of this subpart can be used provided that the test was conducted using the methods specified in § 63.772(e)(3) and that the test conditions are representative of current operating conditions. If the owner or operator operates a combustion control device model tested under § 63.772(h), an electronic copy of the performance test results shall be submitted via email to Oil_and_Gas_PT@EPA.GOV epa.gov/airquality/oilandgas/. (A) The percent reduction of HAP or TOC, or the outlet concentration of HAP or TOC (parts per million by volume on a dry basis), determined as specified in § 63.772(e)(3) of this subpart; and (B) The value of the monitored parameters specified in § 773(d) of this subpart, or a site-specific parameter approved by the permitting agency, averaged over the full period of the performance test. (iii) The results of the closed-vent system initial inspections performed according to the requirements in § 63.773(c)(2)(i) and (ii). (2) If a closed-vent system and a flare are used to comply with § 63.764, the owner or operator shall submit performance test results including the information in paragraphs (d)(2)(i) and (ii) of this section. The owner or operator shall also submit the information in paragraph (d)(2)(iii) of this section. (i) All visible emission readings, heat content determinations, flowrate measurements, and exit velocity determinations made during the compliance determination required by § 63.772(e)(2) of this subpart. (ii) A statement of whether a flame was present at the pilot light over the full period of the compliance determination. (iii) The results of the closed-vent system initial inspections performed according to the requirements in § 63.773(c)(2)(i) and (ii). (3) For each owner or operator subject to the provisions specified in § 63.769, the owner or operator shall submit the information required by § 61.247(a), except that the initial report required in § 61.247(a) shall be submitted as a part of the Notification of Compliance Status Report required in paragraph (d) of this section. The owner or operator shall also submit the information specified in paragraphs (d)(3) (i) and (ii) of this section. (i) The number of each equipment (e.g., valves, pumps, etc.) excluding equipment in vacuum service, and (ii) Any change in the information submitted in this paragraph shall be provided to the Administrator as a part of subsequent Periodic Reports described in paragraph (e)(2)(iv) of this section. (4) The owner or operator shall submit one complete test report for each test method used for a particular source. (i) For additional tests performed using the same test method, the results specified in paragraph (d)(1)(ii) of this section shall be submitted, but a complete test report is not required. (ii) A complete test report shall include a sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (5) For each control device other than a flare used to meet the requirements of § 63.764, the owner or operator shall submit the information specified in paragraphs (d)(5) (i) through (iii) of this section for each operating parameter required to be monitored in accordance with the requirements of § 63.773(d). (i) The minimum operating parameter value or maximum operating parameter value, as appropriate for the control device, established by the owner or operator to define the conditions at which the control device must be operated to continuously achieve the applicable performance requirements of § 63.771(d)(1) or (e)(3)(ii). (ii) An explanation of the rationale for why the owner or operator selected each of the operating parameter values established in § 63.773(d)(5). This explanation shall include any data and calculations used to develop the value and a description of why the chosen value indicates that the control device is operating in accordance with the applicable requirements of § 63.771(d)(1), (e)(3)(ii) or (f)(1). (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (iv) For each carbon adsorber, the predetermined carbon replacement schedule as required in § 63.771(d)(5)(i). (6) Results of any continuous monitoring system performance evaluations shall be included in the Notification of Compliance Status Report. (7) After a title V permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source's title V permit, including reports required under this subpart. After a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this subpart, the owner or operator of such source shall submit the notification of compliance status to the appropriate permitting authority following completion of the relevant compliance demonstration activity specified in this subpart. (8) The owner or operator that elects to comply with the requirements of § 63.765(b)(1)(ii) shall submit the records required under § 63.774(c). (9) The owner or operator shall submit the analysis performed under § 63.760(a)(1). (10) The owner or operator shall submit a statement as to whether the source has complied with the requirements of this subpart. (11) The owner or operator shall submit the analysis prepared under § 63.771(e)(2) to demonstrate the conditions by which the facility will be operated to achieve the HAP emission reduction of 95.0 percent, or the BTEX limit in § 63.765(b)(1)(iii), through process modifications or a combination of process modifications and one or more control devices. (12) If a cover is installed to comply with § 63.764, the results of the initial inspection performed according to the requirements specified in § 63.773(c)(2)(iii). (13) If the owner or operator installs a combustion control device model tested under the procedures in § 63.772(h), the data listed under § 63.772(h)(8). (14) For each combustion control device model tested under § 63.772(h), the information listed in paragraphs (d)(14)(i) through (vi) of this section. (i) Name, address and telephone number of the control device manufacturer. (ii) Control device model number. (iii) Control device serial number. (iv) Date the model of control device was tested by the manufacturer. (v) Manufacturer's HAP destruction efficiency rating. (vi) Control device operating parameters, maximum allowable inlet gas flowrate. (e) Periodic Reports. (1) An owner or operator shall submit Periodic Reports semiannually beginning 60 calendar days after the end of the applicable reporting period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status Report is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status Report is due. (2) The owner or operator shall include the information specified in paragraphs (e)(2)(i) through (ix) of this section, as applicable. (i) The information required under § 63.10(e)(3). For the purposes of this subpart and the information required under § 63.10(e)(3), excursions (as defined in § 63.773(d)(6)) shall be considered excess emissions. (ii) A description of all excursions as defined in § 63.773(d)(6) of this subpart that have occurred during the 6-month reporting period. (A) For each excursion caused when the daily average value of a monitored operating parameter is less than the minimum operating parameter limit (or, if applicable, greater than the maximum operating parameter limit), as specified in § 63.773(d)(6)(i), the report must include the daily average values of the monitored parameter, the applicable operating parameter limit, and the date and duration of the period that the excursion occurred. (B) For each excursion caused when the 365-day average condenser control efficiency is less than the value specified in § 63.773(d)(6)(ii), the report must include the 365-day average values of the condenser control efficiency, and the date and duration of the period that the excursion occurred. (C) For each excursion caused when condenser control efficiency is less than the value specified in § 63.773(d)(6)(iii), the report must include the average values of the condenser control efficiency, and the date and duration of the period that the excursion occurred. (D) For each excursion caused by the lack of monitoring data, as specified in § 63.773(d)(6)(iv), the report must include the date and duration of the period when the monitoring data were not collected and the reason why the data were not collected. (E) For each excursion caused when the maximum inlet gas flowrate identified under § 63.772(h) is exceeded, the report must include the values of the inlet gas identified and the date and duration of the period that the excursion occurred. (F) For each excursion caused when visible emissions determined under § 63.772(i) exceed the maximum allowable duration, the report must include the date and duration of the period that the excursion occurred, repairs affected to the unit, and date the unit was returned to service. (iii) For each inspection conducted in accordance with § 63.773(c) during which a leak or defect is detected, the records specified in § 63.774(b)(7) must be included in the next Periodic Report. (iv) For each owner or operator subject to the provisions specified in § 63.769, the owner or operator shall comply with the reporting requirements specified in 40 CFR 61.247, except that the Periodic Reports shall be submitted on the schedule specified in paragraph (e)(1) of this section. (v) For each closed-vent system with a bypass line subject to § 63.771(c)(3)(i)(A), records required under § 63.774(b)(4)(iii) of all periods when the vent stream is diverted from the control device through a bypass line. For each closed-vent system with a bypass line subject to § 63.771(c)(3)(i)(B), records required under § 63.774(b)(4)(iv) of all periods in which the seal mechanism is broken, the bypass valve position has changed, or the key to unlock the bypass line valve was checked out. (vi) If an owner or operator elects to comply with § 63.765(b)(1)(ii), the records required under § 63.774(c)(3). (vii) The information in paragraphs (e)(2)(vii) (A) and (B) of this section shall be stated in the Periodic Report, when applicable. (A) No excursions. (B) No continuous monitoring system has been inoperative, out of control, repaired, or adjusted. (viii) Any change in compliance methods as specified in § 63.772(f). (ix) If the owner or operator elects to comply with § 63.765(c)(2), the records required under § 63.774(b)(11). (x) For flares, the records specified in § 63.774(e)(3). (xi) The results of any periodic test as required in § 63.772(e)(3) conducted during the reporting period. (xii) For each carbon adsorber used to meet the control device requirements of § 63.771(d)(1), records of each carbon replacement that occurred during the reporting period. (xiii) For combustion control device inspections conducted in accordance with § 63.773(b) the records specified in § 63.774(i). (xiv) Certification by a responsible official of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. (3) An owner or operator of an area source located inside a UA plus offset and UC boundary shall prepare and submit Periodic Reports in accordance with paragraphs (e)(3)(i) through (iii) of this section. (i) Periodic reports must be submitted on an annual basis. The first reporting period shall cover the period beginning on the date the Notification of Compliance Status Report is due and ending on December 31. The report shall be submitted within 30 days after the end of the reporting period. (ii) Subsequent reporting periods begin every January 1 and end on December 31. Subsequent reports shall be submitted within 30 days following the end of the reporting period. (iii) The periodic reports must contain the information included in paragraph (e)(2) of this section. (f) Notification of process change. (1) A brief description of the process change; (2) A description of any modification to standard procedures or quality assurance procedures; (3) Revisions to any of the information reported in the original Notification of Compliance Status Report under paragraph (d) of this section; and (4) Information required by the Notification of Compliance Status Report under paragraph (d) of this section for changes involving the addition of processes or equipment. (g) Electronic reporting. www.epa.gov/cdx http://www.epa.gov/ttn/chief/ert/index.html (2) All reports required by this subpart not subject to the requirements in paragraph (g)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (g)(1) of this section in paper format. [64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 72 FR 39, Jan. 3, 2007; 77 FR 49580, Aug. 16, 2012; 85 FR 73894, Nov. 19, 2020] § 63.776 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.760, 63.764 through 63.766, 63.769, 63.771, and 63.777. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. § 63.777 Alternative means of emission limitation. (a) If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in HAP emissions at least equivalent to the reduction in HAP emissions from that source achieved under the applicable requirements in §§ 63.764 through 63.771, the Administrator will publish in the Federal Register (b) Any notice under paragraph (a) of this section shall be published only after public notice and an opportunity for a hearing. (c) Any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information demonstrating that the alternative achieves equivalent emission reductions. §§ 63.778-63.779 [Reserved] Appendix to Subpart HH of Part 63—Tables Table 1 to Subpart HH of Part 63—List of Hazardous Air Pollutants for Subpart HH CAS Number a Chemical name 75070 Acetaldehyde 71432 Benzene (includes benzene in gasoline) 75150 Carbon disulfide 463581 Carbonyl sulfide 100414 Ethyl benzene 107211 Ethylene glycol 50000 Formaldehyde 110543 n-Hexane 91203 Naphthalene 108883 Toluene 540841 2,2,4-Trimethylpentane 1330207 Xylenes (isomers and mixture) 95476 o-Xylene 108383 m-Xylene 106423 p-Xylene a Table 2 to Subpart HH of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart HH General provisions reference Applicable to subpart HH Explanation § 63.1(a)(1) Yes. § 63.1(a)(2) Yes. § 63.1(a)(3) Yes. § 63.1(a)(4) Yes. § 63.1(a)(5) No Section reserved. § 63.1(a)(6) Yes. § 63.1(a)(7) through (a)(9) No Section reserved. § 63.1(a)(10) Yes. § 63.1(a)(11) Yes. § 63.1(a)(12) Yes. § 63.1(b)(1) No Subpart HH specifies applicability. § 63.1(b)(2) No Section reserved. § 63.1(b)(3) Yes. § 63.1(c)(1) No Subpart HH specifies applicability. § 63.1(c)(2) Yes Subpart HH exempts area sources from the requirement to obtain a Title V permit unless otherwise required by law as specified in § 63.760(h). § 63.1(c)(3) and (c)(4) No Section reserved. § 63.1(c)(5) Yes. § 63.1(c)(6) Yes § 63.1(d) No Section reserved. § 63.1(e) Yes. § 63.2 Yes Except definition of major source is unique for this source category and there are additional definitions in subpart HH. § 63.3(a) through (c) Yes. § 63.4(a)(1) through (a)(2) Yes. § 63.4(a)(3) through (a)(5) No Section reserved. § 63.4(b) Yes. § 63.4(c) Yes. § 63.5(a)(1) Yes. § 63.5(a)(2) Yes. § 63.5(b)(1) Yes. § 63.5(b)(2) No Section reserved. § 63.5(b)(3) Yes. § 63.5(b)(4) Yes. § 63.5(b)(5) No Section Reserved. § 63.5(b)(6) Yes. § 63.5(c) No Section reserved. § 63.5(d)(1) Yes. § 63.5(d)(2) Yes. § 63.5(d)(3) Yes. § 63.5(d)(4) Yes. § 63.5(e) Yes. § 63.5(f)(1) Yes. § 63.5(f)(2) Yes. § 63.6(a) Yes. § 63.6(b)(1) Yes. § 63.6(b)(2) Yes. § 63.6(b)(3) Yes. § 63.6(b)(4) Yes. § 63.6(b)(5) Yes. § 63.6(b)(6) No Section reserved. § 63.6(b)(7) Yes. § 63.6(c)(1) Yes. § 63.6(c)(2) Yes. § 63.6(c)(3) through (c)(4) No Section reserved. § 63.6(c)(5) Yes. § 63.6(d) No Section reserved. § 63.6(e)(1)(i) No See § 63.764(j) for general duty requirement. § 63.6(e)(1)(ii) No. § 63.6(e)(1)(iii) Yes. § 63.6(e)(2) No Section reserved. § 63.6(e)(3) No. § 63.6(f)(1) No. § 63.6(f)(2) Yes. § 63.6(f)(3) Yes. § 63.6(g) Yes. § 63.6(h)(1) No. § 63.6(h)(2) through (h)(9) Yes. § 63.6(i)(1) through (i)(14) Yes. § 63.6(i)(15) No Section reserved. § 63.6(i)(16) Yes. § 63.6(j) Yes. § 63.7(a)(1) Yes. § 63.7(a)(2) Yes But the performance test results must be submitted within 180 days after the compliance date. § 63.7(a)(3) Yes. § 63.7(a)(4) Yes. § 63.7(c) Yes. § 63.7(d) Yes. § 63.7(e)(1) No. § 63.7(e)(2) Yes. § 63.7(e)(3) Yes. § 63.7(e)(4) Yes. § 63.7(f) Yes. § 63.7(g) Yes. § 63.7(h) Yes. § 63.8(a)(1) Yes. § 63.8(a)(2) Yes. § 63.8(a)(3) No Section reserved. § 63.8(a)(4) Yes. § 63.8(b)(1) Yes. § 63.8(b)(2) Yes. § 63.8(b)(3) Yes. § 63.8(c)(1) No. § 63.8(c)(1)(i) No. § 63.8(c)(1)(ii) Yes. § 63.8(c)(1)(iii) No. § 63.8(c)(2) Yes. § 63.8(c)(3) Yes. § 63.8(c)(4) Yes. § 63.8(c)(4)(i) No Subpart HH does not require continuous opacity monitors. § 63.8(c)(4)(ii) Yes. § 63.8(c)(5) through (c)(8) Yes. § 63.8(d)(1) Yes. § 63.8(d)(2) Yes. § 63.8(d)(3) Yes Except for last sentence, which refers to an SSM plan. SSM plans are not required. § 63.8(e) Yes Subpart HH does not specifically require continuous emissions monitor performance evaluation, however, the Administrator can request that one be conducted. § 63.8(f)(1) through (f)(5) Yes. § 63.8(f)(6) Yes. § 63.8(g) No Subpart HH specifies continuous monitoring system data reduction requirements. § 63.9(a) Yes. § 63.9(b)(1) Yes. § 63.9(b)(2) Yes Existing sources are given 1 year (rather than 120 days) to submit this notification. Major and area sources that meet § 63.764(e) do not have to submit initial notifications. § 63.9(b)(3) No Section reserved. § 63.9(b)(4) Yes. § 63.9(b)(5) Yes. § 63.9(c) Yes. § 63.9(d) Yes. § 63.9(e) Yes. § 63.9(f) Yes. § 63.9(g) Yes. § 63.9(h)(1) through (h)(3) Yes Area sources located outside UA plus offset and UC boundaries are not required to submit notifications of compliance status. § 63.9(h)(4) No Section reserved. § 63.9(h)(5) through (h)(6) Yes. § 63.9(i) Yes. § 63.9(j) Yes. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Yes. § 63.10(b)(1) Yes § 63.774(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(b)(2) Yes. § 63.10(b)(2)(i) No. § 63.10(b)(2)(ii) No See § 63.774(g) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunctions. § 63.10(b)(2)(iii) Yes. § 63.10(b)(2)(iv) through (b)(2)(v) No. § 63.10(b)(2)(vi) through (b)(2)(xiv) Yes. § 63.10(b)(3) Yes § 63.774(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(c)(1) Yes. § 63.10(c)(2) through (c)(4) No Sections reserved. § 63.10(c)(5) through (c)(8) Yes. § 63.10(c)(9) No Section reserved. § 63.10(c)(10) through (11) No See § 63.774(g) for recordkeeping of malfunctions. § 63.10(c)(12) through (14) Yes. § 63.10(c)(15) No. § 63.10(d)(1) Yes. § 63.10(d)(2) Yes Area sources located outside UA plus offset and UC boundaries do not have to submit performance test reports. § 63.10(d)(3) Yes. § 63.10(d)(4) Yes. § 63.10(d)(5) No See § 63.775(b)(6) or (c)(6) for reporting of malfunctions. § 63.10(e)(1) Yes Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(2) Yes Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(3)(i) Yes Subpart HH requires major sources to submit Periodic Reports semi-annually. Area sources are required to submit Periodic Reports annually. Area sources located outside UA plus offset and UC boundaries are not required to submit reports. § 63.10(e)(3)(i)(A) Yes. § 63.10(e)(3)(i)(B) Yes. § 63.10(e)(3)(i)(C) No. § 63.10(e)(3)(i)(D) Yes Section reserved. § 63.10(e)(3)(ii) through (viii) Yes. § 63.10(e)(4) Yes. § 63.10(f) Yes. § 63.11(a) and (b) Yes. § 63.11(c), (d), and (e) Yes. § 63.12(a) through (c) Yes. § 63.13(a) through (c) Yes. § 63.14(a) through (q) Yes. § 63.15(a) and (b) Yes. § 63.16 Yes. [64 FR 32628, June 17, 1999, as amended at 66 FR 34554, June 29, 2001; 71 FR 20457, Apr. 20, 2006; 72 FR 40, Jan. 3, 2007; 73 FR 78214, Dec. 22, 2008; 77 FR 49581, Aug. 16, 2012; 85 FR 73894, Nov. 19, 2020] Subpart II—National Emission Standards for Shipbuilding and Ship Repair (Surface Coating) Source: 60 FR 64336, Dec. 15, 1995, unless otherwise noted. § 63.780 Relationship of subpart II to subpart A of this part. Table 1 of this subpart specifies the provisions of subpart A of this part that apply to owners and operators of sources subject to the provisions of this subpart. § 63.781 Applicability. (a) The provisions of this subpart apply to shipbuilding and ship repair operations at any facility that is a major source. (b) The provisions of this subpart do not apply to coatings used in volumes of less than 200 liters (52.8 gallons) per year, provided the total volume of coating exempt under this paragraph does not exceed 1,000 liters per year (264 gallons per year) at any facility. Coatings exempt under this paragraph shall be clearly labeled as “low-usage exempt,” and the volume of each such coating applied shall be maintained in the facility's records. (c) The provisions of this subpart do not apply to coatings applied with hand-held, nonrefillable, aerosol containers or to unsaturated polyester resin (i.e., fiberglass lay-up) coatings. Coatings applied to suitably prepared fiberglass surfaces for protective or decorative purposes are subject to this subpart. (d) If you are authorized in accordance with 40 CFR 63.783(c) to use an add-on control system as an alternative means of limiting emissions from coating operations, in response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by a malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available in response to claims for injunctive relief. (1) To establish the affirmative defense in any action to enforce such a limit, you must timely meet the notification requirements in paragraph (d)(2) of this section, and must prove by a preponderance of evidence that: (i) The excess emissions: (A) Were caused by a sudden, infrequent and unavoidable failure of air pollution control and monitoring equipment, process equipment or a process to operate in a normal or usual manner; and (B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (D) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (ii) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (iii) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; and (iv) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury or severe property damage; and (v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health; and (vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (vii) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; and (viii) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and (ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (2) Notification. [60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72068, Nov. 21, 2011] § 63.782 Definitions. Terms used in this subpart are defined in the Clean Air Act (CAA), in subpart A of part 63, or in this section as follows: Add-on control system Affected source Affirmative defense Air flask specialty coating Antenna specialty coating Antifoulant specialty coating As applied As supplied Batch Bitumens Bituminous resin coating Certify Coating Cold-weather time period Container of coating Cure volatiles Epoxy Exempt compounds Facility General use coating Hazardous air pollutants (HAP) Heat resistant specialty coating High-gloss specialty coating High-temperature specialty coating Inorganic zinc (high-build) specialty coating Major source Maximum allowable thinning ratio Military exterior specialty coating Mist specialty coating Navigational aids specialty coating Nonskid specialty coating Nonvolatiles (or volume solids) Normally closed Nuclear specialty coating Operating parameter value Organic zinc specialty coating Pleasure craft Pretreatment wash primer specialty coating Repair and maintenance of thermoplastic coating of commercial vessels (specialty coating) Rubber camouflage specialty coating Sealant for thermal spray aluminum Ship Shipbuilding and ship repair operations Special marking specialty coating Specialty coating Specialty interior coating Tack specialty coating Thinner Thinning ratio Thinning solvent: Undersea weapons systems specialty coating Volatile organic compounds (VOC) Volatile organic hazardous air pollutants (VOHAP) Weld-through preconstruction primer (specialty coating) [60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000; 76 FR 72069, Nov. 21, 2011] § 63.783 Standards. (a) No owner or operator of any existing or new affected source shall cause or allow the application of any coating to a ship with an as-applied VOHAP content exceeding the applicable limit given in Table 2 of this subpart, as determined by the procedures described in § 63.785 (c)(1) through (c)(4). For the compliance procedures described in § 63.785 (c)(1) through (c)(3), VOC shall be used as a surrogate for VOHAP, and Method 24 of appendix A to 40 CFR part 60 shall be used as the definitive measure for determining compliance. For the compliance procedure described in § 63.785(c)(4), an alternative test method capable of measuring independent VOHAP shall be used to determine compliance. The method must be submitted to and approved by the Administrator. (b) Each owner or operator of a new or existing affected source shall ensure that: (1) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (2) All handling and transfer of VOHAP-containing materials to and from containers, tanks, vats, drums, and piping systems is conducted in a manner that minimizes spills. (3) All containers, tanks, vats, drums, and piping systems are free of cracks, holes, and other defects and remain closed unless materials are being added to or removed from them. (c) Approval of alternative means of limiting emissions. (i) An engineering material balance evaluation that provides a comparison of the emissions that would be achieved using the alternative means to those that would result from using coatings that comply with the limits in Table 2 of this subpart, or the results from an emission test that accurately measures the capture efficiency and control device efficiency achieved by the control system and the composition of the associated coatings so that the emissions comparison can be made; (ii) A proposed monitoring protocol that includes operating parameter values to be monitored for compliance and an explanation of how the operating parameter values will be established through a performance test; and (iii) Details of appropriate recordkeeping and reporting procedures. (2) The Administrator shall approve the alternative means of limiting emissions if, in the Administrator's judgment, postcontrol emissions of VOHAP per volume applied solids will be no greater than those from the use of coatings that comply with the limits in Table 2 of this subpart. (3) The Administrator may condition approval on operation, maintenance, and monitoring requirements to ensure that emissions from the source are no greater than those that would otherwise result from this subpart. [60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72069, Nov. 21, 2011] § 63.784 Compliance dates. (a) Each owner or operator of an existing affected source shall comply within two years after the effective date of this subpart. (b) Each owner or operator of an existing unaffected area source that increases its emissions of (or its potential to emit) HAP such that the source becomes a major source that is subject to this subpart shall comply within 1 year after the date of becoming a major source. (c) Each owner or operator of a new or reconstructed source shall comply with this subpart according to the schedule in § 63.6(b). [60 FR 64336, Dec. 15, 1995, as amended at 61 FR 30816, June 18, 1996] § 63.785 Compliance procedures. (a) For each batch of coating that is received by an affected source, the owner or operator shall (see Figure 1 of this section for a flow diagram of the compliance procedures): (1) Determine the coating category and the applicable VOHAP limit as specified in § 63.783(a). (2) Certify the as-supplied VOC content of the batch of coating. The owner or operator may use a certification supplied by the manufacturer for the batch, although the owner or operator retains liability should subsequent testing reveal a violation. If the owner or operator performs the certification testing, only one of the containers in which the batch of coating was received is required to be tested. (b)(1) In lieu of testing each batch of coating, as applied, the owner or operator may determine compliance with the VOHAP limits using any combination of the procedures described in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this section. The procedure used for each coating shall be determined and documented prior to application. (2) The results of any compliance demonstration conducted by the affected source or any regulatory agency using Method 24 shall take precedence over the results using the procedures in paragraphs (c)(1), (c)(2), or (c)(3) of this section. (3) The results of any compliance demonstration conducted by the affected source or any regulatory agency using an approved test method to determine VOHAP content shall take precedence over the results using the procedures in paragraph (c)(4) of this section. (c)(1) Coatings to which thinning solvent will not be added. (i) Certify the as-applied VOC content of each batch of coating. (ii) Notify the persons responsible for applying the coating that no thinning solvent may be added to the coating by affixing a label to each container of coating in the batch or through another means described in the implementation plan required in § 63.787(b). (iii) If the certified as-applied VOC content of each batch of coating used during a calendar month is less than or equal to the applicable VOHAP limit in § 63.783(a) (either in terms of g/L of coating or g/L of solids), then compliance is demonstrated for that calendar month, unless a violation is revealed using Method 24 of appendix A to 40 CFR part 60. (2) Coatings to which thinning solvent will be added—coating-by-coating compliance. (i) Prior to the first application of each batch, designate a single thinner for the coating and calculate the maximum allowable thinning ratio (or ratios, if the affected source complies with the cold-weather limits in addition to the other limits specified in Table 2 of this subpart) for each batch as follows: where: R = Maximum allowable thinning ratio for a given batch (L thinner/L coating as supplied); V s VOHAP limit = Maximum allowable as-applied VOHAP content of the coating (g VOHAP/L solids); m VOC D th If V s s where: m volatiles D avg The procedures specified in § 63.786(d) may be used to determine the values of variables defined in this paragraph. In addition, the owner or operator may choose to construct nomographs, based on Equation 1 of this subpart, similar or identical to the one provided in appendix B of this subpart as a means of easily estimating the maximum allowable thinning ratio. (ii) Prior to the first application of each batch, notify painters and other persons, as necessary, of the designated thinner and maximum allowable thinning ratio(s) for each batch of the coating by affixing a label to each container of coating or through another means described in the implementation plan required in § 63.787(b). (iii) By the 15th day of each calendar month, determine the volume of each batch of the coating used, as supplied, during the previous month. (iv) By the 15th day of each calendar month, determine the total allowable volume of thinner for the coating used during the previous month as follows: where: V th V b R cold V b-cold i = Each batch of coating; and n = Total number of batches of the coating. (v) By the 15th day of each calendar month, determine the volume of thinner actually used with the coating during the previous month. (vi) If the volume of thinner actually used with the coating [paragraph (c)(3)(v) of this section] is less than or equal to the total allowable volume of thinner for the coating [paragraph (c)(3)(iv) of this section], then compliance is demonstrated for the coating for the previous month, unless a violation is revealed using Method 24 of appendix A to 40 CFR part 60. (3) Coatings to which the same thinning solvent will be added—group compliance. (i) Designate a single thinner to be added to each coating during the month and “group” coatings according to their designated thinner. (ii) Prior to the first application of each batch, calculate the maximum allowable thinning ratio (or ratios, if the affected source complies with the cold-weather limits in addition to the other limits specified in Table 2 of this subpart) for each batch of coating in the group using the equations in paragraph (c)(2) of this section. (iii) Prior to the first application of each “batch,” notify painters and other persons, as necessary, of the designated thinner and maximum allowable thinning ratio(s) for each batch in the group by affixing a label to each container of coating or through another means described in the implementation plan required in § 63.787(b). (iv) By the 15th day of each calendar month, determine the volume of each batch of the group used, as supplied, during the previous month. (v) By the 15th day of each calendar month, determine the total allowable volume of thinner for the group for the previous month using Equation 3 of this subpart. (vi) By the 15th day of each calendar month, determine the volume of thinner actually used with the group during the previous month. (vii) If the volume of thinner actually used with the group [paragraph (c)(3)(vi) of this section] is less than or equal to the total allowable volume of thinner for the group [paragraph (c)(3)(v) of this section], then compliance is demonstrated for the group for the previous month, unless a violation is revealed using Method 24 of appendix A to 40 CFR part 60. (4) Demonstration of compliance through an alternative (i.e., other than Method 24 of appendix A to 40 CFR part 60) test method. (i) Certify the as-supplied VOHAP content (g VOHAP/L solids) of each batch of coating. (ii) If no thinning solvent will be added to the coating, the owner or operator of an affected source shall follow the procedure described in § 63.785(c)(1), except that VOHAP content shall be used in lieu of VOC content. (iii) If thinning solvent will be added to the coating, the owner or operator of an affected source shall follow the procedure described in § 63.785(c)(2) or (3), except that in Equation 1 of this subpart: the term “m VOC VOHAP th th(VOHAP) (d) A violation revealed through any approved test method shall result in a 1-day violation for enforcement purposes. A violation revealed through the recordkeeping procedures described in paragraphs (c)(1) through (c)(4) of this section shall result in a 30-day violation for enforcement purposes, unless the owner or operator provides sufficient data to demonstrate the specific days during which noncompliant coatings were applied. (e) Continuous compliance requirements. You must demonstrate continuous compliance with the emissions standards and operating limits by using the performance test methods and procedures in § 63.786 for each affected source. (1) General requirements. (ii) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating, and periods of malfunction. Any period for which data collection is required and the operation of the Continuous Emissions Monitoring System (CEMS) is not otherwise exempt and for which the monitoring system is out-of-control and data are not available for required calculations constitutes a deviation from the monitoring requirements. (iii) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator must use all the data collected during all other periods in assessing the operation of the control device and associated control system. (2) [Reserved] [60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72069, Nov. 21, 2011] § 63.786 Test methods and procedures. (a) For the compliance procedures described in § 63.785(c) (1) through (c)(3), Method 24 of 40 CFR part 60, appendix A, is the definitive method for determining the VOC content of coatings, as supplied or as applied. When a coating or thinner contains exempt compounds that are volatile HAP or VOHAP, the owner or operator shall ensure, when determining the VOC content of a coating, that the mass of these exempt compounds is included. (b) For the compliance procedure described in § 63.785(c)(4), the Administrator must approve the test method for determining the VOHAP content of coatings and thinners. As part of the approval, the test method must meet the specified accuracy limits indicated below for sensitivity, duplicates, repeatability, and reproducibility coefficient of variation each determined at the 95 percent confidence limit. Each percentage value below is the corresponding coefficient of variation multiplied by 2.8 as in the ASTM Method E180-93: Standard Practice for Determining the Precision of ASTM Methods for Analysis and Testing of Industrial Chemicals (incorporation by reference—see § 63.14). (1) Sensitivity. (2) Repeatability. (3) Reproducibility. (4) Any test method should include information on the apparatus, reagents and materials, analytical procedure, procedure for identification and confirmation of the volatile species in the mixture being analyzed, precision and bias, and other details to be reported. The reporting should also include information on quality assurance (QA) auditing. (5) Multiple and different analytical techniques must be used for positive identification if the components in a mixture under analysis are not known. In such cases a single column gas chromatograph (GC) may not be adequate. A combination of equipment may be needed such as a GC/mass spectrometer or GC/infrared system. (If a GC method is used, the operator must use practices in ASTM Method E260-91 or 96: Standard Practice for Gas Chromatography [incorporation by reference—see § 63.14].) (c) A coating manufacturer or the owner or operator of an affected source may use batch formulation data as a test method in lieu of Method 24 of appendix A to 40 CFR part 60 to certify the as-supplied VOC content of a coating if the manufacturer or the owner or operator has determined that batch formulation data have a consistent and quantitatively known relationship to Method 24 results. This determination shall consider the role of cure volatiles, which may cause emissions to exceed an amount based solely upon coating formulation data. Notwithstanding such determination, in the event of conflicting results, Method 24 of appendix A of 40 CFR part 60 shall take precedence. (d) Each owner or operator of an affected source shall use or ensure that the manufacturer uses the form and procedures mentioned in appendix A of this subpart to determine values for the thinner and coating parameters used in Equations 1 and 2 of this subpart. The owner or operator shall ensure that the coating/thinner manufacturer (or supplier) provides information on the VOC and VOHAP contents of the coatings/thinners and the procedure(s) used to determine these values. (e) For add-on control systems approved for use in limiting emissions from coating operations pursuant to § 63.783(c), performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to demonstrate the conditions present during performance tests. [60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62215, Oct. 17, 2000; 76 FR 72069, Nov. 21, 2011] § 63.787 Notification requirements. (a) Each owner or operator of an affected source shall comply with all applicable notification requirements in § 63.9(a) through (d) and (i) through (j), with the exception that the deadline specified in § 63.9(b) (2) and (3) shall be extended from 120 days to 180 days. Any owner or operator that receives approval pursuant to § 63.783(c) to use an add-on control system to control coating emissions shall comply with the applicable requirements of § 63.9(e) through (h). (b) Implementation plan. (1) Each owner or operator of an affected source shall: (i) Prepare a written implementation plan that addresses each of the subject areas specified in paragraph (b)(3) of this section; and (ii) Not later than one year after the effective date of this subpart, submit the implementation plan to the Administrator along with the notification required by § 63.9(b)(2) or (b)(5) of subpart A, as applicable. (2) [Reserved] (3) Implementation plan contents. (i) Coating compliance procedures. (ii) Recordkeeping procedures. (iii) Transfer, handling, and storage procedures. (4) Major sources that intend to become area sources by the compliance date. [60 FR 64336, Dec. 15, 1995, as amended at 61 FR 30816, June 18, 1996] § 63.788 Recordkeeping and reporting requirements. (a) Each owner or operator of an affected source shall comply with the applicable recordkeeping and reporting requirements in § 63.10 (a), (b), (d), and (f). Any owner that receives approval pursuant to § 63.783(c) to use an add-on control system to control coating emissions shall also comply with the applicable requirements of § 63.10 (c) and (e). A summary of recordkeeping and reporting requirements is provided in Table 3 of this subpart. (b) Recordkeeping requirements. (2) Each owner or operator of an affected source shall compile records on a monthly basis and maintain those records for a minimum of 5 years. At a minimum, these records shall include: (i) All documentation supporting initial notification; (ii) A copy of the affected source's approved implementation plan; (iii) The volume of each low-usage-exempt coating applied; (iv) Identification of the coatings used, their appropriate coating categories, and the applicable VOHAP limit; (v) Certification of the as-supplied VOC content of each batch of coating; (vi) A determination of whether containers meet the standards as described in § 63.783(b)(2); and (vii) The results of any Method 24 of appendix A to 40 CFR part 60 or approved VOHAP measurement test conducted on individual containers of coating, as applied. (3) The records required by paragraph (b)(2) of this section shall include additional information, as determined by the compliance procedure(s) described in § 63.785(c) that each affected source followed: (i) Coatings to which thinning solvent will not be added. (A) Certification of the as-applied VOC content of each batch of coating; and (B) The volume of each coating applied. (ii) Coatings to which thinning solvent will be added—coating-by-coating compliance. (A) The density and mass fraction of water and exempt compounds of each thinner and the volume fraction of solids (nonvolatiles) in each batch, including any calculations; (B) The maximum allowable thinning ratio (or ratios, if the affected source complies with the cold-weather limits in addition to the other limits specified in Table 2 of this subpart) for each batch of coating, including calculations; (C) If an affected source chooses to comply with the cold-weather limits, the dates and times during which the ambient temperature at the affected source was below 4.5 °C (40 °F) at the time the coating was applied and the volume used of each batch of the coating, as supplied, during these dates; (D) The volume used of each batch of the coating, as supplied; (E) The total allowable volume of thinner for each coating, including calculations; and (F) The actual volume of thinner used for each coating. (iii) Coatings to which the same thinning solvent will be added—group compliance. (A) The density and mass fraction of water and exempt compounds of each thinner and the volume fraction of solids in each batch, including any calculations; (B) The maximum allowable thinning ratio (or ratios, if the affected source complies with the cold-weather limits in addition to the other limits specified in Table 2 of this subpart) for each batch of coating, including calculations; (C) If an affected source chooses to comply with the cold-weather limits, the dates and times during which the ambient temperature at the affected source was below 4.5 °C (40 °F) at the time the coating was applied and the volume used of each batch in the group, as supplied, during these dates; (D) Identification of each group of coatings and their designated thinners; (E) The volume used of each batch of coating in the group, as supplied; (F) The total allowable volume of thinner for the group, including calculations; and (G) The actual volume of thinner used for the group. (iv) Demonstration of compliance through an alternative (i.e., non-Method 24 in appendix A to 40 CFR part 60) test method. (A) Identification of the Administrator-approved VOHAP test method or certification procedure; (B) For coatings to which the affected source does not add thinning solvents, the source shall record the certification of the as-supplied and as-applied VOHAP content of each batch and the volume of each coating applied; (C) For coatings to which the affected source adds thinning solvent on a coating-by-coating basis, the source shall record all of the information required to be recorded by paragraph (b)(3)(ii) of this section; and (D) For coatings to which the affected source adds thinning solvent on a group basis, the source shall record all of the information required to be recorded by paragraph (b)(3)(iii) of this section. (4) If the owner or operator of an affected source detects a violation of the standards specified in § 63.783, the owner or operator shall, for the remainder of the reporting period during which the violation(s) occurred, include the following information in his or her records: (i) A summary of the number and duration of deviations during the reporting period, classified by reason, including known causes for which a Federally-approved or promulgated exemption from an emission limitation or standard may apply. (ii) Identification of the data availability achieved during the reporting period, including a summary of the number and total duration of incidents that the monitoring protocol failed to perform in accordance with the design of the protocol or produced data that did not meet minimum data accuracy and precision requirements, classified by reason. (iii) Identification of the compliance status as of the last day of the reporting period and whether compliance was continuous or intermittent during the reporting period. (iv) If, pursuant to paragraph (b)(4)(iii) of this section, the owner or operator identifies any deviation as resulting from a known cause for which no Federally-approved or promulgated exemption from an emission limitation or standard applies, the monitoring report shall also include all records that the source is required to maintain that pertain to the periods during which such deviation occurred and: (A) The magnitude of each deviation; (B) The reason for each deviation; (C) A description of the corrective action taken for each deviation, including action taken to minimize each deviation and action taken to prevent recurrence; and (D) All quality assurance activities performed on any element of the monitoring protocol. (5) Each owner or operator that receives approval pursuant to § 63.783(c) to use an add-on control system to control coating emissions shall maintain records of the occurrence and duration of each malfunction of operation ( i.e. (c) Reporting requirements. [60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66227, Dec. 17, 1996; 76 FR 72069, Nov. 21, 2011] § 63.789 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.780 through 63.781, and 63.783 through 63.784. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37353, June 23, 2003] Table 1 to Subpart II of Part 63—General Provisions of Applicability to Subpart II Reference Applies to subpart II Comment 63.1(a)(1)-(3) Yes. 63.1(a)(4) Yes Subpart II clarifies the applicability of each paragraph in subpart A to sources subject to subpart II. 63.1(a)(5)-(7) Yes 63.1(a)(8) No Discusses State programs. 63.1(a)(9)-(14) Yes 63.1(b)(1) Yes § 63.781 specifies applicability in more detail. 63.1(b)(2)-(3) Yes 63.1(c)-(e) Yes 63.2 Yes Additional terms are defined in § 63.782; when overlap between subparts A and II occurs, subpart II takes precedence. 63.3 Yes Other units used in subpart II are defined in that subpart. 63.4 Yes 63.5(a)-(c) Yes 63.5(d) Yes Except information on control devices and control efficiencies should not be included in the application unless an add-on control system is or will be used to comply with subpart II in accordance with § 63.783(c). 63.5(e)-(f) Yes 63.6(a)-(b) Yes 63.6(c)-(d) Yes Except § 63.784(a) specifies the compliance date for existing affected sources. 63.6(e)(1)(i) No See § 63.783(b)(1) for general duty requirement. 63.6(e)(1)(ii) No. 63.6(e)(1)(iii) Yes. 63.6(e)(2) No Section reserved. 63.6(e)(3) No. 63.6(f)(1) No. 63.6(f)(2)-(f)(3) No If an alternative means of limiting emissions ( e.g. 63.6(g) No § 63.783(c) specifies procedures for application and approval of alternative means of limiting emissions. 63.6(h) No Subpart II does not contain any opacity or visible emission standards. 63.6(i)-(j) Yes 63.7(a)-(d) No If an alternative means of limiting emissions ( e.g. 63.7(e)(1) No If an alternative means of limiting emissions ( e.g. 63.7(e)(2)-(e)(4) No If an alternative means of limiting emissions ( e.g. 63.8 No If an alternative means of limiting emissions ( e.g. 63.9(a)-(d) Yes § 63.787(a) extends the initial notification deadline to 180 days. § 63.787(b) requires an implementation plan to be submitted with the initial notification. 63.9(e) No If an alternative means of limiting emissions (e.g., an add-on control system) is used to comply with subpart II in accordance with § 63.783(c), then this paragraph does apply. 63.9(f) No Subpart II does not contain any opacity or visible emission standards 63.9(g)-(h) No If an alternative means of limiting emissions (e.g., an add-on control system) is used to comply with subpart II in accordance with § 63.783(c) then these paragraphs do apply. 63.9(i)-(k) Yes § 63.9(k) only as specified in § 63.9(j). 63.10(a) Yes. 63.10(b)(1) Yes. 63.10(b)(2)(i) No. 63.10(b)(2)(ii) No See § 63.788(b)(5) for recordkeeping of occurrence, duration, and actions taken during malfunctions. 63.10(b)(2)(iii) Yes. 63.10(b)(2)(iv)-(b)(2)(v) No. 63.10(b)(2)(vi)-(b)(2)(xiv) Yes. 63.10(b)(3) Yes. 63.10(c)(1)-(9) No If an alternative means of limiting emissions ( e.g. 63.10(c)(10)-(11) No If an alternative means of limiting emissions ( e.g. 63.10(c)(12)-(14) No If an alternative means of limiting emissions ( e.g. 63.10(c)(15) No. 63.10(d)(1)-(4) Yes. 63.10(d)(5) No See § 63.788(c) for reporting malfunctions. 63.10(e) No If an alternative means of limiting emissions (e.g., an add-on control system) is used to comply with subpart II in accordance with § 63.783(c), then this paragraph does apply. 63.10(f) Yes 63.11 No If an alternative means of limiting emissions (e.g., an add-on control system) is used to comply with subpart II in accordance with § 63.783(c), then this section does apply. 63.12-63.15 Yes [60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72070, Nov. 21, 2011; 85 FR 73895, Nov. 19, 2020] Table 2 to Subpart II of Part 63—Volatile Organic HAP (VOHAP) Limits for Marine Coatings Coating category VOHAP limits a, b, c Grams/liter coating (minus water and exempt compounds) Grams/liter solids d t ≥4.5 °C t <4.5 °C e General use 340 571 728 Specialty: Air flask 340 571 728 Antenna 530 1,439 Antifoulant 400 765 971 Heat resistant 420 841 1,069 High-gloss 420 841 1,069 High-temperature 500 1,237 1,597 Inorganic zinc high-build 340 571 728 Military exterior 340 571 728 Mist 610 2,235 Navigational aids 550 1,597 Nonskid 340 571 728 Nuclear 420 841 1,069 Organic zinc 360 630 802 Pretreatment wash primer 780 11,095 Repair and maint. of thermoplastics 550 1,597 Rubber camouflage 340 571 728 Sealant for thermal spray aluminum 610 2,235 Special marking 490 1,178 Specialty interior 340 571 728 Tack coat 610 2,235 Undersea weapons systems 340 571 728 Weld-through precon. primer 650 2,885 a b c d e [60 FR 64336, Dec. 15, 1995, as amended at 61 FR 66228, Dec. 17, 1996; 76 FR 72070, Nov. 21, 2011] Table 3 to Subpart II of Part 63—Summary of Recordkeeping and Reporting Requirements a, b, c Requirement All Opts. Option 1 Option 2 Option 3 Rec Rep Rec Rep Rec Rep Rec Rep Notification (§ 63.9(a)-(d)) X X Implementation plan (§ 63.787(b)) d X X Volume of coating applied at unaffected major sources (§ 63.781(b)) X Volume of each low-usage-exempt coating applied at affected sources (§ 63.781(c)) X X ID of the coatings used, their appropriate coating categories, and the applicable VOHAP limit X X Determination of whether containers meet the standards described in § 63.783(b)(3) X X Results of M-24 or other approved tests X X Certification of the as-supplied VOC content of each batch X Certification of the as-applied VOC content of each batch X Volume of each coating applied X X Density of each thinner and volume fraction of solids in each batch X X Maximum allowable thinning ratio(s) for each batch X X X X Volume used of each batch, as supplied X X X X Total allowable volume of thinner X X X X Actual volume of thinner used X X X X Identification of each group of coatings and designated thinners X X a b c d [60 FR 64336, Dec. 15, 1995, as amended at 76 FR 72071, Nov. 21, 2011] Appendix A to Subpart II of Part 63—VOC Data Sheet 1 Properties of the Coating “As Supplied” by the Manufacturer 2 Coating Coating Batch Identification: Supplied To: 1 2 Properties of the coating as supplied 1 A. Coating Density: (D c s [ ] ASTM D1475-90 * [ ] Other 3 B. Total Volatiles: (m v s [ ] ASTM D2369-93 or 95 * [ ] Other 3 C. Water Content: 1. (m w s * Incorporation by reference—see § 63.14. 3 [ ] ASTM D3792-91 * [ ] ASTM D4017-81, 90, or 96a * [ ] Other 3 2. (v w s [ ] Calculated [ ] Other 3 D. Organic Volatiles: (m o s E. Nonvolatiles: (v n s [ ] Calculated [ ] Other 3 F. VOC Content (VOC) s 1. ____ g/L solids (nonvolatiles) 2. ____ g/L coating (less water and exempt compounds) G. Thinner Density: D th ASTM ____ [ ] Other 3 Remarks: (use reverse side) Signed: ______________ Date: ____________________________ [60 FR 64336, Dec. 15, 1995, as amended at 65 FR 62216, Oct. 17, 2000] Appendix B to Subpart II of Part 63—Maximum Allowable Thinning Rates as a Function of As Supplied VOC Content and Thinner Density Subpart JJ—National Emission Standards for Wood Furniture Manufacturing Operations Source: 60 FR 62936, Dec. 7, 1995, unless otherwise noted. § 63.800 Applicability. (a) The affected source to which this subpart applies is each facility that is engaged, either in part or in whole, in the manufacture of wood furniture or wood furniture components and that is located at a plant site that is a major source as defined in 40 CFR part 63, subpart A, § 63.2. The owner or operator of a source that meets the definition for an incidental wood furniture manufacturer shall maintain purchase or usage records demonstrating that the source meets the definition in § 63.801 of this subpart, but the source shall not be subject to any other provisions of this subpart. (b) A source that complies with the limits and criteria specified in paragraphs (b)(1), (b)(2), or (b)(3) of this section is an area source for the purposes of this subpart and is not subject to any other provision of this rule, provided that: In the case of paragraphs (b)(1) and (b)(2), finishing materials, adhesives, cleaning solvents and washoff solvents used for wood furniture or wood furniture component manufacturing operations account for at least 90 percent of annual HAP emissions at the plant site, and if the plant site has HAP emissions that do not originate from the listed materials, the owner or operator shall keep any records necessary to demonstrate that the 90 percent criterion is being met. A source that initially relies on the limits and criteria specified in paragraphs (b)(1), (b)(2), and (b)(3) to become an area source, but subsequently exceeds the relevant limit (without first obtaining and complying with other limits that keep its potential to emit hazardous air pollutants below major source levels), becomes a major source and must comply thereafter with all applicable provisions of this subpart starting on the applicable compliance date in § 63.800. Nothing in this paragraph (b) is intended to preclude a source from limiting its potential to emit through other appropriate mechanisms that may be available through the permitting authority. (1) The owner or operator of the source uses no more than 250 gallons per month, for every month, of coating, gluing, cleaning, and washoff materials at the source, including materials used for source categories other than wood furniture (surface coating), but excluding materials used in routine janitorial or facility grounds maintenance, personal uses by employees or other persons, the use of products for the purpose of maintaining motor vehicles operated by the facility, or the use of toxic chemicals contained in intake water (used for processing or noncontact cooling) or intake air (used either as compressed air or for combustion). The owner or operator shall maintain records of the total gallons of coating, gluing, cleaning, and washoff materials used each month, and upon request submit such records to the Administrator. These records shall be maintained for five years. (2) The owner or operator of the source uses no more than 3,000 gallons per rolling 12-month period, for every 12-month period, of coating, gluing, cleaning, and washoff materials at the source, including materials used for source categories other than wood furniture (surface coating), but excluding materials used in routine janitorial or facility grounds maintenance, personal uses by employees or other persons, the use of products for the purpose of maintaining motor vehicles operated by the facility, or the use of toxic chemicals contained in intake water (used for processing or noncontact cooling) or intake air (used either as compressed air or for combustion). A rolling 12-month period includes the previous 12 months of operation. The owner or operator of the source shall maintain records of the total gallons of coating, gluing, cleaning, and washoff materials used each month and the total gallons used each previous month, and upon request submit such records to the Administrator. Because records are needed over the previous set of 12 months, the owner or operator shall keep monthly records beginning no less than one year before the compliance date specified in § 63.800(e). Records shall be maintained for five years. (3) The source emits no more than 4.5 Mg (5 tons) of any one HAP per rolling 12-month period and no more than 11.4 Mg (12.5 tons) of any combination of HAP per rolling 12-month period, and at least 90 percent of the plantwide emissions per rolling 12-month period are associated with the manufacture of wood furniture or wood furniture components. (c) This subpart does not apply to research or laboratory facilities as defined in § 63.801. (d) This subpart does not apply to any surface coating or coating operation that meets any of the criteria of paragraphs (d)(1) through (4) of this section. (1) Surface coating of metal parts and products other than metal components of wood furniture that meets the applicability criteria for miscellaneous metal parts and products surface coating (subpart MMMM of this part). (2) Surface coating of plastic parts and products other than plastic components of wood furniture that meets the applicability criteria for plastic parts and products surface coating (subpart PPPP of this part). (3) Surface coating of wood building products that meets the applicability criteria for wood building products surface coating (subpart QQQQ of this part). The surface coating of millwork and trim associated with cabinet manufacturing are subject to subpart JJ. (4) Surface coating of metal furniture that meets the applicability criteria for metal furniture surface coating (subpart RRRR of this part). Surface coating of metal components of wood furniture performed at a wood furniture or wood furniture component manufacturing facility are subject to subpart JJ. (e) Owners or operators of affected sources shall also comply with the requirements of subpart A of this part (General Provisions), according to the applicability of subpart A to such sources, as identified in Table 1 of this subpart. (f) The compliance date for existing affected sources that emit less than 50 tons per year of HAP in 1996 is December 7, 1998. The compliance date for existing affected sources that emit 50 tons or more of hazardous air pollutants in 1996 is November 21, 1997. The owner or operator of an existing area source that increases its emissions of (or its potential to emit) HAP such that the source becomes a major source that is subject to this subpart shall comply with this subpart one year after becoming a major source. (g) Existing affected sources shall be in compliance with § 63.802(a)(4) and § 63.803(h) no later than November 21, 2014. The owner or operator of an existing area source that increases its emissions of (or its potential to emit) hazardous air pollutants (HAP) such that the source becomes a major source that is subject to this subpart shall comply with this subpart 1 year after becoming a major source. (h) New affected sources must comply with the provisions of this standard immediately upon startup or by December 7, 1995, whichever is later. New area sources that become major sources shall comply with the provisions of this standard immediately upon becoming a major source. (i) Reconstructed affected sources are subject to the requirements for new affected sources. The costs associated with the purchase and installation of air pollution control equipment (e.g., incinerators, carbon adsorbers, etc.) are not considered in determining whether the facility has been reconstructed, unless the control equipment is required as part of the process (e.g., product recovery). Additionally, the costs of retrofitting and replacement of equipment that is installed specifically to comply with this subpart are not considered reconstruction costs. For example, an affected source may convert to waterborne coatings to meet the requirements of this subpart. At most facilities, this conversion will require the replacement of existing storage tanks, mix equipment, and transfer lines. The cost of replacing the equipment is not considered in determining whether the facility has been reconstructed. (j) If the owner or operator, in accordance with 40 CFR 63.804, uses a control system as a means of limiting emissions, in response to an action to enforce the standards set forth in this subpart, you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined in 40 CFR 63.2. Appropriate penalties may be assessed, however, if the respondent fails to meet its burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (1) To establish the affirmative defense in any action to enforce such a limit, the owner or operator must timely meet the notification requirements in paragraph (j)(2) of this section, and must prove by a preponderance of evidence that: (i) The excess emissions: (A) Were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner; and (B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (D) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (ii) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (iii) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; and (iv) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; and (vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (vii) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; and (viii) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and (ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (2) Notification. [60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30259, June 3, 1997; 76 FR 72071, Nov. 21, 2011] § 63.801 Definitions. (a) All terms used in this subpart that are not defined below have the meaning given to them in the CAA and in subpart A (General Provisions) of this part. Adhesive Administrator Aerosol adhesive Affected source Affirmative defense Alternative method As applied Basecoat Baseline conditions Building enclosure Guidelines for Determining Capture Efficiency, Capture device Capture efficiency Certified product data sheet (CPDS) (1) The VHAP content of a finishing material, contact adhesive, or solvent, by percent weight, measured using the EPA Method 311 (as promulgated in this subpart), or an equivalent or alternative method (or formulation data if the coating meets the criteria specified in § 63.805(a)); (2) The solids content of a finishing material or contact adhesive by percent weight, determined using data from the EPA Method 24, or an alternative or equivalent method (or formulation data if the coating meets the criteria specified in § 63.805 (a)); and (3) The density, measured by EPA Method 24 or an alternative or equivalent method. Therefore, the reportable VHAP content shall represent the maximum aggregate emissions potential of the finishing material, adhesive, or solvent in concentrations greater than or equal to 1.0 percent by weight or 0.1 percent for VHAP that are carcinogens, as defined by the Occupational Safety and Health Administration Hazard Communication Standard (29 CFR part 1910), as formulated. Only VHAP present in concentrations greater than or equal to 1.0 percent by weight, or 0.1 percent for VHAP that are carcinogens, must be reported on the CPDS. The purpose of the CPDS is to assist the affected source in demonstrating compliance with the emission limitations presented in § 63.802. Note: Because the optimum analytical conditions under EPA Method 311 vary by coating, the coating or adhesive supplier may also choose to include on the CPDS the optimum analytical conditions for analysis of the coating, adhesive, or solvent using EPA Method 311. Such information may include, but not be limited to, separation column, oven temperature, carrier gas, injection port temperature, extraction solvent, and internal standard.) Cleaning operations Coating Coating application station Coating operation Coating solids (or solids) Compliant coating/contact adhesive Contact adhesive Continuous coater Continuous compliance Control device Control device efficiency Control system Conventional air spray Data quality objective (DQO) approach Guidelines for Determining Capture Efficiency, Day Disposed offsite Emission Enamel Equipment leak Equivalent method Finishing material Finishing operation Foam adhesive Gluing operation Incidental wood furniture manufacturer Incinerator 2 Janitorial maintenance Low-formaldehyde Lower confidence limit (LCL) approach Guidelines for Determining Capture Efficiency, Material safety data sheet (MSDS) Noncompliant coating/contact adhesive Nonporous substrate Normally closed container Operating parameter value Organic HAP solvent Overall control efficiency Permanent total enclosure Guidelines for Determining Capture Efficiency, Recycled onsite Reference method Research or laboratory facility Responsible official Sealer Solvent Stain Storage containers Strippable spray booth material (1) Is applied to a spray booth wall to provide a protective film to receive over spray during finishing operations; (2) That is subsequently peeled off and disposed; and (3) By achieving (1) and (2) of this definition reduces or eliminates the need to use organic HAP solvents to clean spray booth walls. Substrate Temporary total enclosure Guidelines for Determining Capture Efficiency, Thinner Topcoat Touchup and repair VHAP VHAP of potential concern Volatile organic compound Washcoat Washoff operations Wood furniture Wood furniture component Wood furniture manufacturing operations (b) The nomenclature used in this subpart has the following meaning: (1) A k (2) C c (3) C aj (4) C bi (5) C di (6) C fk (7) E = the emission limit achieved by an emission point or a set of emission points, in kg VHAP/kg solids (lb VHAP/lb solids). (8) F = the control device efficiency, expressed as a fraction. (9) FV = the average inward face velocity across all natural draft openings in a total enclosure, in meters per hour. (10) G = the VHAP content of a contact adhesive, in kg VHAP/kg solids (lb VHAP/lb solids), as applied. (11) M = the mass of solids in finishing material used monthly, kg solids/month (lb solids/month). (12) N = the capture efficiency, expressed as a fraction. (13) Q aj (14) Q bi (15) Q di (16) Q fk (17) Q in i (18) Q out j (19) R = the overall efficiency of the control system, expressed as a percentage. (20) S = the VHAP content of a solvent, expressed as a weight fraction, added to finishing materials. (21) W = the amount of solvent, in kilograms (pounds), added to finishing materials during the monthly averaging period. (22) ac = after the control system is installed and operated. (23) bc = before control. (24) C f (25) F total (26) G f (27) V c (28) V g [60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 62 FR 31363, June 9, 1997; 63 FR 71380, Dec. 28, 1998; 76 FR 72072, Nov. 21, 2011] § 63.802 Emission limits. (a) Each owner or operator of an existing affected source subject to this subpart shall: (1) Limit VHAP emissions from finishing operations by meeting the emission limitations for existing sources presented in Table 3 of this subpart, using any of the compliance methods in § 63.804(a). To determine VHAP emissions from a finishing material containing formaldehyde or styrene, the owner or operator of the affected source shall use the methods presented in § 63.803(l)(2) for determining styrene and formaldehyde usage. (2) Limit VHAP emissions from contact adhesives by achieving a VHAP limit for contact adhesives based on the following criteria: (i) For foam adhesives (contact adhesives used for upholstery operations) used in products that meet the upholstered seating flammability requirements of California Technical Bulletin 116, 117, or 133, the Business and Institutional Furniture Manufacturers Association's (BIFMA's) X5.7, UFAC flammability testing, or any similar requirements from local, State, or Federal fire regulatory agencies, the VHAP content of the adhesive shall not exceed 1.8 kg VHAP/kg solids (1.8 lb VHAP/lb solids), as applied; or (ii) For all other contact adhesives (including foam adhesives used in products that do not meet the standards presented in paragraph (a)(2)(i) of this section, but excluding aerosol adhesives and excluding contact adhesives applied to nonporous substrates, the VHAP content of the adhesive shall not exceed 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied. (3) Limit HAP emissions from strippable spray booth coatings by using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb VOC/lb solids), as applied. (4) Limit formaldehyde emissions by complying with the provisions specified in either paragraph (a)(4)(i) or (a)(4)(ii) of this section. (i) Limit total formaldehyde (F total (ii) Use coatings and contact adhesives only if they are low-formaldehyde coatings and adhesives, in any wood furniture manufacturing operations. (b) Each owner or operator of a new affected source subject to this subpart shall: (1) Limit VHAP emissions from finishing operations by meeting the emission limitations for new sources presented in Table 3 of this subpart using any of the compliance methods in § 63.804(d). To determine VHAP emissions from a finishing material containing formaldehyde or styrene, the owner or operator of the affected source shall use the methods presented in § 63.803(l)(2) for determining styrene and formaldehyde usage. (2) Limit VHAP emissions from contact adhesives by achieving a VHAP limit for contact adhesives, excluding aerosol adhesives and excluding contact adhesives applied to nonporous substrates, of no greater than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied, using either of the compliance methods in § 63.804(e). (3) Limit HAP emissions from strippable spray booth coatings by using coatings that contain no more than 0.8 kg VOC/kg solids (0.8 lb VOC/lb solids), as applied. (4) Limit formaldehyde emissions by complying with the provisions specified in either paragraph (b)(4)(i) or (b)(4)(ii) of this section. (i) Limit total formaldehyde (F total (ii) Use coatings and contact adhesives only if they are low-formaldehyde coatings and adhesives, in any wood furniture manufacturing operations. (c) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72072, Nov. 21, 2011] § 63.803 Work practice standards. (a) Work practice implementation plan. (2) The written work practice implementation plan shall be available for inspection by the Administrator (or delegated State, local, or Tribal authority) upon request. If the Administrator (or delegated State, local, or Tribal authority) determines that the work practice implementation plan does not include sufficient mechanisms for ensuring that the work practice standards are being implemented, the Administrator (or delegated State, local, or Tribal authority) may require the affected source to modify the plan. Revisions or modifications to the plan do not require a revision of the source's Title V permit. (3) The inspection and maintenance plan required by paragraph (c) of this section and the formulation assessment plan for finishing operations required by paragraph (l) of this section are also reviewable by the Administrator (or delegated State, local, or Tribal authority). (b) Operator training course. (1) A list of all current personnel by name and job description that are required to be trained; (2) An outline of the subjects to be covered in the initial and refresher training for each position or group of personnel; (3) Lesson plans for courses to be given at the initial and the annual refresher training that include, at a minimum, appropriate application techniques, appropriate cleaning and washoff procedures, appropriate equipment setup and adjustment to minimize finishing material usage and overspray, and appropriate management of cleanup wastes; and (4) A description of the methods to be used at the completion of initial or refresher training to demonstrate and document successful completion. (c) Inspection and maintenance plan. (1) A minimum visual inspection frequency of once per month for all equipment used to transfer or apply coatings, adhesives, or organic HAP solvents; (2) An inspection schedule; (3) Methods for documenting the date and results of each inspection and any repairs that were made; (4) The timeframe between identifying the leak and making the repair, which adheres, at a minimum, to the following schedule: (i) A first attempt at repair (e.g., tightening of packing glands) shall be made no later than five calendar days after the leak is detected; and (ii) Final repairs shall be made within 15 calendar days after the leak is detected, unless the leaking equipment is to be replaced by a new purchase, in which case repairs shall be completed within three months. (d) Cleaning and washoff solvent accounting system. (1) The quantity and type of organic HAP solvent used each month for washoff and cleaning, as defined in § 63.801 of this subpart; (2) The number of pieces washed off, and the reason for the washoff; and (3) The quantity of spent organic HAP solvent generated from each washoff and cleaning operation each month, and whether it is recycled onsite or disposed offsite. (e) Chemical composition of cleaning and washoff solvents. (f) Spray booth cleaning. (g) Storage requirements. (h) Application equipment requirements. (i) Line cleaning. (j) Gun cleaning. (k) Washoff operations. (1) Using normally closed tanks for washoff; and (2) Minimizing dripping by tilting or rotating the part to drain as much solvent as possible. (l) Formulation assessment plan for finishing operations. (1) Identifies VHAP from the list presented in Table 5 of this subpart that are being used in finishing operations by the affected source; (2) Establishes a baseline level of usage by the affected source, for each VHAP identified in paragraph (l)(1) of this section. The baseline usage level shall be the highest annual usage from 1994, 1995, or 1996, for each VHAP identified in paragraph (l)(1) of this section. For formaldehyde, the baseline level of usage shall be based on the amount of free formaldehyde present in the finishing material when it is applied. For styrene, the baseline level of usage shall be an estimate of unreacted styrene, which shall be calculated by multiplying the amount of styrene monomer in the finishing material, when it is applied, by a factor of 0.16. Sources using a control device to reduce emissions may adjust their usage based on the overall control efficiency of the control system, which is determined using the equation in § 63.805 (d) or (e). (3) Tracks the annual usage of each VHAP identified in (l)(1) by the affected source that is present in amounts subject to MSDS reporting as required by OSHA. (4) If, after November 1998, the annual usage of the VHAP identified in paragraph (l)(1) exceeds its baseline level, then the owner or operator of the affected source shall provide a written notification to the permitting authority that describes the amount of the increase and explains the reasons for exceedance of the baseline level. The following explanations would relieve the owner or operator from further action, unless the affected source is not in compliance with any State regulations or requirements for that VHAP: (i) The exceedance is no more than 15.0 percent above the baseline level; (ii) Usage of the VHAP is below the de minimis level presented in Table 5 of this subpart for that VHAP (sources using a control device to reduce emissions may adjust their usage based on the overall control efficiency of the control system, which is determined using the procedures in § 63.805 (d) or (e); (iii) The affected source is in compliance with its State's air toxic regulations or guidelines for the VHAP; or (iv) The source of the pollutant is a finishing material with a VOC content of no more than 1.0 kg VOC/kg solids (1.0 lb VOC/lb solids), as applied. (5) If none of the above explanations are the reason for the increase, the owner or operator shall confer with the permitting authority to discuss the reason for the increase and whether there are practical and reasonable technology-based solutions for reducing the usage. The evaluation of whether a technology is reasonable and practical shall be based on cost, quality, and marketability of the product, whether the technology is being used successfully by other wood furniture manufacturing operations, or other criteria mutually agreed upon by the permitting authority and owner or operator. If there are no practical and reasonable solutions, the facility need take no further action. If there are solutions, the owner or operator shall develop a plan to reduce usage of the pollutant to the extent feasible. The plan shall address the approach to be used to reduce emissions, a timetable for implementing the plan, and a schedule for submitting notification of progress. (6) If, after November 1998, an affected source uses a VHAP of potential concern listed in table 6 of this subpart for which a baseline level has not been previously established, then the baseline level shall be established as the de minimis de minimis de minimis [60 FR 62936, Dec. 7, 1995, as amended at 63 FR 71380, Dec. 28, 1998; 68 FR 37353, June 23, 2003; 76 FR 72073, Nov. 21, 2011] § 63.804 Compliance procedures and monitoring requirements. (a) The owner or operator of an existing affected source subject to § 63.802(a)(1) shall comply with those provisions using any of the methods presented in § 63.804 (a)(1) through (a)(4). (1) Calculate the average VHAP content for all finishing materials used at the facility using Equation 1, and maintain a value of E no greater than 1.0; E = (M c1 c1 c2 c2 cn cn 1 1 2 2 n n c1 c2 cn (2) Use compliant finishing materials according to the following criteria: (i) Demonstrate that each stain, sealer, and topcoat has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0 percent VHAP by weight by maintaining certified product data sheets for each coating and thinner; (ii) Demonstrate that each washcoat, basecoat, and enamel that is purchased pre-made, that is, it is not formulated onsite by thinning another finishing material, has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0 percent VHAP by weight by maintaining certified product data sheets for each coating and thinner; and (iii) Demonstrate that each washcoat, basecoat, and enamel that is formulated at the affected source is formulated using a finishing material containing no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids) and a thinner containing no more than 3.0 percent VHAP by weight. (3) Use a control system with an overall control efficiency (R) such that the value of E ac R=[(E bc ac bc The value of E bc (4) Use any combination of an averaging approach, as described in paragraph (a)(1) of this section, compliant finishing materials, as described in paragraph (a)(2) of this section, and a control system, as described in paragraph (a)(3) of this section. (b) The owner or operator of an affected source subject to § 63.802(a)(2)(i) shall comply with the provisions by using compliant foam adhesives with a VHAP content no greater than 1.8 kg VHAP/kg solids (1.8 lb VHAP/lb solids), as applied. (c) The owner or operator of an affected source subject to § 63.802(a)(2)(ii) shall comply with those provisions by using either of the methods presented in § 63.804 (c)(1) and (c)(2). (1) Use compliant contact adhesives with a VHAP content no greater than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied; or (2) Use a control system with an overall control efficiency (R) such that the value of G ac R=[(G bc ac bc (d) The owner or operator of a new affected source subject to § 63.802(b)(1) may comply with those provisions by using any of the following methods: (1) Calculate the average VHAP content across all finishing materials used at the facility using Equation 1, and maintain a value of E no greater than 0.8; (2) Use compliant finishing materials according to the following criteria: (i) Demonstrate that each sealer and topcoat has a VHAP content of no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, each stain has a VHAP content of no more than 1.0 kg VHAP/kg solids (1.0 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0 percent VHAP by weight; (ii) Demonstrate that each washcoat, basecoat, and enamel that is purchased pre-made, that is, it is not formulated onsite by thinning another finishing material, has a VHAP content of no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids), as applied, and each thinner contains no more than 10.0 percent VHAP by weight; and (iii) Demonstrate that each washcoat, basecoat, and enamel that is formulated onsite is formulated using a finishing material containing no more than 0.8 kg VHAP/kg solids (0.8 lb VHAP/lb solids) and a thinner containing no more than 3.0 percent HAP by weight. (3) Use a control system with an overall control efficiency (R) such that the value of E ac R=[(E bc ac bc The value of E bc (4) Use any combination of an averaging approach, as described in (d)(1), compliant finishing materials, as described in (d)(2), and a control system, as described in (d)(3). (e) The owner or operator of a new affected source subject to § 63.802(b)(2) shall comply with the provisions using either of the following methods: (1) Use compliant contact adhesives with a VHAP content no greater than 0.2 kg VHAP/kg solids (0.2 lb VHAP/lb solids), as applied; or (2) Use a control system with an overall control efficiency (R) such that the value of G ac (f) Initial compliance. (2) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that comply through the procedures established in § 63.804 (a)(2) or (d)(2) shall submit an initial compliance status report, as required by § 63.807(b), stating that compliant stains, washcoats, sealers, topcoats, basecoats, enamels, and thinners, as applicable, are being used by the affected source. (3) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that are complying through the procedures established in § 63.804 (a)(2) or (d)(2) and are applying coatings using continuous coaters shall demonstrate initial compliance by: (i) Submitting an initial compliance status report, as required by § 63.807(b), stating that compliant coatings, as determined by the VHAP content of the coating in the reservoir and the VHAP content as calculated from records, and compliant thinners are being used; or (ii) Submitting an initial compliance status report, as required by § 63.807(b), stating that compliant coatings, as determined by the VHAP content of the coating in the reservoir, are being used; the viscosity of the coating in the reservoir is being monitored; and compliant thinners are being used. The affected source shall also submit data that demonstrate that viscosity is an appropriate parameter for demonstrating compliance. (4) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that comply through the procedures established in § 63.804 (a)(3) or (d)(3) shall demonstrate initial compliance by: (i) Submitting a monitoring plan that identifies each operating parameter to be monitored for the capture device and discusses why each parameter is appropriate for demonstrating continuous compliance; (ii) Conducting an initial performance test as required under § 63.7 using the procedures and test methods listed in §§ 63.7 and 63.805 (c) and (d) or (e); (iii) Calculating the overall control efficiency (R) following the procedures in § 63.805 (d) or (e); and (iv) Determining those operating conditions critical to determining compliance and establishing one or more operating parameters that will ensure compliance with the standard. (A) For compliance with a thermal incinerator, minimum combustion temperature shall be the operating parameter. (B) For compliance with a catalytic incinerator equipped with a fixed catalyst bed, the minimum gas temperature both upstream and downstream of the catalyst bed shall be the operating parameter. (C) For compliance with a catalytic incinerator equipped with a fluidized catalyst bed, the minimum gas temperature upstream of the catalyst bed and the pressure drop across the catalyst bed shall be the operating parameters. (D) For compliance with a carbon adsorber, the operating parameters shall be the total regeneration mass stream flow for each regeneration cycle and the carbon bed temperature after each regeneration, or the concentration level of organic compounds exiting the adsorber, unless the owner or operator requests and receives approval from the Administrator to establish other operating parameters. (E) For compliance with a control device not listed in this section, one or more operating parameter values shall be established using the procedures identified in § 63.804(g)(4)(vi). (v) Owners or operators complying with § 63.804(f)(4) shall calculate each site-specific operating parameter value as the arithmetic average of the maximum or minimum operating parameter values, as appropriate, that demonstrate compliance with the standards, during the three test runs required by § 63.805(c)(1). (5) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(2) or (b)(2) that comply through the procedures established in § 63.804 (b), (c)(1), or (e)(1), shall submit an initial compliance status report, as required by § 63.807(b), stating that compliant contact adhesives are being used by the affected source. (6) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(2)(ii) or (b)(2) that comply through the procedures established in § 63.804 (c)(2) or (e)(2), shall demonstrate initial compliance by: (i) Submitting a monitoring plan that identifies each operating parameter to be monitored for the capture device and discusses why each parameter is appropriate for demonstrating continuous compliance; (ii) Conducting an initial performance test as required under § 63.7 using the procedures and test methods listed in §§ 63.7 and 63.805 (c) and (d) or (e); (iii) Calculating the overall control efficiency (R) following the procedures in § 63.805 (d) or (e); and (iv) Determining those operating conditions critical to determining compliance and establishing one or more operating parameters that will ensure compliance with the standard. (A) For compliance with a thermal incinerator, minimum combustion temperature shall be the operating parameter. (B) For compliance with a catalytic incinerator equipped with a fixed catalyst bed, the minimum gas temperature both upstream and downstream of the catalyst shall be the operating parameter. (C) For compliance with a catalytic incinerator equipped with a fluidized catalyst bed, the minimum gas temperature upstream of the catalyst bed and the pressure drop across the catalyst bed shall be the operating parameters. (v) Owners or operators complying with § 63.804(f)(6) shall calculate each site-specific operating parameter value as the arithmetic average of the maximum or minimum operating values as appropriate, that demonstrate compliance with the standards, during the three test runs required by § 63.805(c)(1). (7) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(3) or (b)(3) shall submit an initial compliance status report, as required by § 63.807(b), stating that compliant strippable spray booth coatings are being used by the affected source. (8) Owners or operators of an affected source subject to the work practice standards in § 63.803 shall submit an initial compliance status report, as required by § 63.807(b), stating that the work practice implementation plan has been developed and procedures have been established for implementing the provisions of the plan. (g) Continuous compliance demonstrations. (i) The compliance certification shall state that the value of (E), as calculated by Equation 1, is no greater than 1.0 for existing sources or 0.8 for new sources. An affected source is in violation of the standard if E is greater than 1.0 for existing sources or 0.8 for new sources for any month. A violation of the monthly average is a separate violation of the standard for each day of operation during the month, unless the affected source can demonstrate through records that the violation of the monthly average can be attributed to a particular day or days during the period. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (2) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that comply through the procedures established in § 63.804 (a)(2) or (d)(2) shall demonstrate continuous compliance by using compliant coatings and thinners, maintaining records that demonstrate the coatings and thinners are compliant, and submitting a compliance certification with the semiannual report required by § 63.807(c). (i) The compliance certification shall state that compliant stains, washcoats, sealers, topcoats, basecoats, enamels, and thinners, as applicable, have been used each day in the semiannual reporting period or should otherwise identify the periods of noncompliance and the reasons for noncompliance. An affected source is in violation of the standard whenever a noncompliant coating, as demonstrated by records or by a sample of the coating, is used. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (3) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that are complying through the procedures established in § 63.804 (a)(2) or (d)(2) and are applying coatings using continuous coaters shall demonstrate continuous compliance by following the procedures in paragraph (g)(3) (i) or (ii) of this section. (i) Using compliant coatings, as determined by the VHAP content of the coating in the reservoir and the VHAP content as calculated from records, using compliant thinners, and submitting a compliance certification with the semiannual report required by § 63.807(c). (A) The compliance certification shall state that compliant coatings have been used each day in the semiannual reporting period, or should otherwise identify the days of noncompliance and the reasons for noncompliance. An affected source is in violation of the standard whenever a noncompliant coating, as determined by records or by a sample of the coating, is used. Use of a noncompliant coating is a separate violation for each day the noncompliant coating is used. (B) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (ii) Using compliant coatings, as determined by the VHAP content of the coating in the reservoir, using compliant thinners, maintaining a viscosity of the coating in the reservoir that is no less than the viscosity of the initial coating by monitoring the viscosity with a viscosity meter or by testing the viscosity of the initial coating and retesting the coating in the reservoir each time solvent is added, maintaining records of solvent additions, and submitting a compliance certification with the semiannual report required by § 63.807(c). (A) The compliance certification shall state that compliant coatings, as determined by the VHAP content of the coating in the reservoir, have been used each day in the semiannual reporting period. Additionally, the certification shall state that the viscosity of the coating in the reservoir has not been less than the viscosity of the initial coating, that is, the coating that is initially mixed and placed in the reservoir, for any day in the semiannual reporting period. (B) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (C) An affected source is in violation of the standard when a sample of the as-applied coating exceeds the applicable limit established in § 63.804 (a)(2) or (d)(2), as determined using EPA Method 311, or the viscosity of the coating in the reservoir is less than the viscosity of the initial coating. (4) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(1) or (b)(1) that comply through the procedures established in § 63.804 (a)(3) or (d)(3) shall demonstrate continuous compliance by installing, calibrating, maintaining, and operating the appropriate monitoring equipment according to manufacturer's specifications. The owner or operator shall also submit the excess emissions and continuous monitoring system performance report and summary report required by § 63.807(d) and § 63.10(e) of subpart A. (i) Where a capture/control device is used, a device to monitor each site-specific operating parameter established in accordance with § 63.804(f)(6)(i) is required. (ii) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (A) Where a thermal incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (B) Where a catalytic incinerator equipped with a fixed catalyst bed is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (C) Where a catalytic incinerator equipped with a fluidized catalyst bed is used, a temperature monitoring device shall be installed in the gas stream immediately before the bed. In addition, a pressure monitoring device shall be installed to determine the pressure drop across the catalyst bed. The pressure drop shall be measured monthly at a constant flow rate. (iii) Where a carbon adsorber is used one of the following is required: (A) An integrating stream flow monitoring device having an accuracy of ±10 percent, capable of recording the total regeneration stream mass flow for each regeneration cycle; and a carbon bed temperature monitoring device, having an accuracy of ±1 percent of the temperature being monitored or ±0.5 °C, whichever is greater, and capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle; (B) An organic monitoring device, equipped with a continuous recorder, to indicate the concentration level of organic compounds exiting the carbon adsorber; or (C) Any other monitoring device that has been approved by the Administrator in accordance with § 63.804(f)(4)(iv)(D). (iv) Owners or operators of an affected source shall not operate the capture or control device at a daily average value greater than or less than (as appropriate) the operating parameter values. The daily average value shall be calculated as the average of all values for a monitored parameter recorded during the operating day. (v) Owners or operators of an affected source that are complying through the use of a catalytic incinerator equipped with a fluidized catalyst bed shall maintain a constant pressure drop, measured monthly, across the catalyst bed. (vi) An owner or operator who uses a control device not listed in § 63.804(f)(4) shall submit, for the Administrator's approval, a description of the device, test data verifying performance, and appropriate site-specific operating parameters that will be monitored to demonstrate continuous compliance with the standard. (5) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(2) (i) or (ii) or (b)(2) that comply through the procedures established in § 63.804 (b), (c)(1), or (e)(1), shall submit a compliance certification with the semiannual report required by § 63.807(c). (i) The compliance certification shall state that compliant contact and/or foam adhesives have been used each day in the semiannual reporting period, or should otherwise identify each day noncompliant contact and/or foam adhesives were used. Each day a noncompliant contact or foam adhesive is used is a single violation of the standard. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (6) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(2)(ii) or (b)(2) that comply through the procedures established in § 63.804 (c)(2) or (e)(2), shall demonstrate continuous compliance by installing, calibrating, maintaining, and operating the appropriate monitoring equipment according to the manufacturer's specifications. The owner or operator shall also submit the excess emissions and continuous monitoring system performance report and summary report required by § 63.807(d) and § 63.10(e) of subpart A of this part. (i) Where a capture/control device is used, a device to monitor each site-specific operating parameter established in accordance with § 63.804(f)(6)(i) is required. (ii) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (A) Where a thermal incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (B) Where a catalytic incinerator equipped with a fixed catalyst bed is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (C) Where a catalytic incinerator equipped with a fluidized catalyst bed is used, a temperature monitoring device shall be installed in the gas stream immediately before the bed. In addition, a pressure monitoring device shall be installed to measure the pressure drop across the catalyst bed. The pressure drop shall be measured monthly at a constant flow rate. (iii) Where a carbon adsorber is used one of the following is required: (A) An integrating stream flow monitoring device having an accuracy of ±10 percent, capable of recording the total regeneration stream mass flow for each regeneration cycle; and a carbon bed temperature monitoring device, having an accuracy of ±1 percent of the temperature being monitored or ±0.5 °C, whichever is greater, and capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle; (B) An organic monitoring device, equipped with a continuous recorder, to indicate the concentration level of organic compounds exiting the carbon adsorber; or (C) Any other monitoring device that has been approved by the Administrator in accordance with § 63.804(f)(4)(iv)(D). (iv) Owners or operators of an affected source shall not operate the capture or control device at a daily average value greater than or less than (as appropriate) the operating parameter values. The daily average value shall be calculated as the average of all values for a monitored parameter recorded during the operating day. (v) Owners or operators of an affected source that are complying through the use of a catalytic incinerator equipped with a fluidized catalyst bed shall maintain a constant pressure drop, measured monthly, across the catalyst bed. (vi) An owner or operator using a control device not listed in this section shall submit to the Administrator a description of the device, test data verifying the performance of the device, and appropriate operating parameter values that will be monitored to demonstrate continuous compliance with the standard. Compliance using this device is subject to the Administrator's approval. (7) Owners or operators of an affected source subject to the provisions of § 63.802 (a)(3) or (b)(3) shall submit a compliance certification with the semiannual report required by § 63.807(c). (i) The compliance certification shall state that compliant strippable spray booth coatings have been used each day in the semiannual reporting period, or should otherwise identify each day noncompliant materials were used. Each day a noncompliant strippable booth coating is used is a single violation of the standard. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (8) Owners or operators of an affected source subject to the work practice standards in § 63.803 shall submit a compliance certification with the semiannual report required by § 63.807(c). (i) The compliance certification shall state that the work practice implementation plan is being followed, or should otherwise identify the provisions of the plan that have not been implemented and each day the provisions were not implemented. During any period of time that an owner or operator is required to implement the provisions of the plan, each failure to implement an obligation under the plan during any particular day is a violation. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. (9) Continuous compliance requirements. (i) General requirements. (B) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating and periods of malfunction. Any period for which data collection is required and the operation of the CEMS is not otherwise exempt and for which the monitoring system is out-of-control and data are not available for required calculations constitutes a deviation from the monitoring requirements. (C) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. The owner or operator must use all the data collected during all other periods in assessing the operation of the control device and associated control system. (ii) [Reserved] (h) The owner or operator of an existing or new affected source subject to § 63.802(a)(4) or (b)(4) shall comply with those provisions by using either of the methods presented in § 63.804(h)(1) and (2) if complying with § 63.802(a)(4)(i) or (b)(4)(i) or by using the method presented in § 63.804(h)(3) if complying with § 63.802(a)(4)(ii) or (b)(4)(ii). (1) Calculate total formaldehyde emissions from all finishing materials and contact adhesives used at the facility using Equation 5 and maintain a value of F total (2) Use a control system with an overall control efficiency (R) such that the calculated value of F total (3) Demonstrate compliance by use of coatings and contact adhesives only if they are low-formaldehyde coatings and contact adhesives maintaining a certified product data sheet for each coating and contact adhesive used, as required by § 63.806(b)(1), and submitting a compliance certification with the semiannual report required by § 63.807(c). (i) The compliance certification shall state that low-formaldehyde coatings and contact adhesives, as applicable, have been used each day in the semiannual reporting period or should otherwise identify the periods of noncompliance and the reasons for noncompliance. An affected source is in violation of the standard whenever a coating or contact adhesive that is not low-formaldehyde, as demonstrated by records or by a sample of the coating or contact adhesive, is used. Use of a noncompliant coating or contact adhesive is a separate violation for each day the noncompliant coating or contact adhesive is used. (ii) The compliance certification shall be signed by a responsible official of the company that owns or operates the affected source. [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011] § 63.805 Performance test methods. (a)(1) The EPA Method 311 of appendix A of part 63 shall be used in conjunction with formulation data to determine the VHAP content of the liquid coating. Formulation data shall be used to identify VHAP present in the coating. The EPA Method 311 shall then be used to quantify those VHAP identified through formulation data. The EPA Method 311 shall not be used to quantify HAP such as styrene and formaldehyde that are emitted during the cure. The EPA Method 24 (40 CFR part 60, appendix A) shall be used to determine the solids content by weight and the density of coatings. If it is demonstrated to the satisfaction of the Administrator that a coating does not release VOC or HAP byproducts during the cure, for example, all VOC and HAP present in the coating is solvent, then batch formulation information shall be accepted. The owner or operator of an affected source may request approval from the Administrator to use an alternative method for determining the VHAP content of the coating. In the event of any inconsistency between the EPA Method 24 or Method 311 test data and a facility's formulation data, that is, if the EPA Method 24/311 value is higher, the EPA Method 24/311 test shall govern unless after consultation, a regulated source could demonstrate to the satisfaction of the enforcement agency that the formulation data were correct. Sampling procedures shall follow the guidelines presented in “Standard Procedures for Collection of Coating and Ink Samples for VOC Content Analysis by Reference Method 24 and Reference Method 24A,” EPA-340/1-91-010. (Docket No. A-93-10, Item No. IV-A-1). (2) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (b) Owners or operators demonstrating compliance in accordance with § 63.804 (f)(4) or (f)(6) and § 63.804 (g)(4) or (g)(6), or complying with any of the other emission limits of § 63.802 by operating a capture or control device shall determine the overall control efficiency of the control system (R) as the product of the capture and control device efficiency, using the test methods cited in § 63.805(c) and the procedures in § 63.805 (d) or (e). (c) When an initial compliance demonstration is required by § 63.804 (f)(4) or (f)(6) of this subpart, the procedures in paragraphs (c)(1) through (c)(6) of this section shall be used in determining initial compliance with the provisions of this subpart. (1) The EPA Method 18 (40 CFR part 60, appendix A) shall be used to determine the HAP concentration of gaseous air streams. The test shall consist of three separate runs, each lasting a minimum of 30 minutes. (2) The EPA Method 1 or 1A (40 CFR part 60, appendix A) shall be used for sample and velocity traverses. (3) The EPA Method 2, 2A, 2C, or 2D (40 CFR part 60, appendix A) shall be used to measure velocity and volumetric flow rates. (4) The EPA Method 3 (40 CFR part 60, appendix A) shall be used to analyze the exhaust gases. (5) The EPA Method 4 (40 CFR part 60, appendix A) shall be used to measure the moisture in the stack gas. (6) The EPA Methods 2, 2A, 2C, 2D, 3, and 4 shall be performed, as applicable, at least twice during each test period. (d) Each owner or operator of an affected source demonstrating compliance in accordance with § 63.804 (f)(4) or (f)(6) shall perform a gaseous emission test using the following procedures: (1) Construct the overall HAP emission reduction system so that all volumetric flow rates and total HAP emissions can be accurately determined by the applicable test methods specified in § 63.805(c) (1) through (6); (2) Determine capture efficiency from the affected emission point(s) by capturing, venting, and measuring all HAP emissions from the affected emission point(s). During a performance test, the owner or operator shall isolate affected emission point(s) located in an area with other nonaffected gaseous emission sources from all other gaseous emission point(s) by any of the following methods: (i) Build a temporary total enclosure (see § 63.801) around the affected emission point(s); or (ii) Use the building that houses the process as the enclosure (see § 63.801); (iii) Use any alternative protocol and test method provided they meet either the requirements of the data quality objective (DQO) approach or the lower confidence level (LCL) approach (see § 63.801); (iv) Shut down all nonaffected HAP emission point(s) and continue to exhaust fugitive emissions from the affected emission point(s) through any building ventilation system and other room exhausts such as drying ovens. All exhaust air must be vented through stacks suitable for testing; or (v) Use another methodology approved by the Administrator provided it complies with the EPA criteria for acceptance under part 63, appendix A, Method 301. (3) Operate the control device with all affected emission points that will subsequently be delivered to the control device connected and operating at maximum production rate; (4) Determine the efficiency (F) of the control device using the following equation: (5) Determine the efficiency (N) of the capture system using the following equation: (6) For each affected source complying with § 63.802(a)(1) in accordance with § 63.804(a)(3), compliance is demonstrated if the product of (F × N)(100) yields a value (R) such that the value of E ac (7) For each new affected source complying with § 63.802(b)(1) in accordance with § 63.804(d)(3), compliance is demonstrated if the product of (F × N)(100) yields a value (R) such that the value of E ac (8) For each affected source complying with § 63.802(a)(2)(ii) in accordance with § 63.804(c)(2), compliance is demonstrated if the product of (F × N)(100) yields a value (R) such that the value of G ac (9) For each new affected source complying with § 63.802(b)(2) in accordance with § 63.804(e)(2), compliance is demonstrated if the product of (F × N)(100) yields a value (R) such that the value of G ac (e) An alternative method to the compliance method in § 63.805(d) is the installation of a permanent total enclosure around the affected emission point(s). A permanent total enclosure presents prima facia evidence that all HAP emissions from the affected emission point(s) are directed to the control device. Each affected source that complies using a permanent total enclosure shall: (1) Demonstrate that the total enclosure meets the requirements in paragraphs (e)(1) (i) through (iv). The owner or operator of an enclosure that does not meet these requirements may apply to the Administrator for approval of the enclosure as a total enclosure on a case-by-case basis. The enclosure shall be considered a total enclosure if it is demonstrated to the satisfaction of the Administrator that all HAP emissions from the affected emission point(s) are contained and vented to the control device. The requirements for automatic approval are as follows: (i) The total area of all natural draft openings shall not exceed 5 percent of the total surface area of the total enclosure's walls, floor, and ceiling; (ii) All sources of emissions within the enclosure shall be a minimum of four equivalent diameters away from each natural draft opening; (iii) The average inward face velocity (FV) across all natural draft openings shall be a minimum of 3,600 meters per hour as determined by the following procedures: (A) All forced makeup air ducts and all exhaust ducts are constructed so that the volumetric flow rate in each can be accurately determined by the test methods specified in § 63.805 (c)(2) and (3). Volumetric flow rates shall be calculated without the adjustment normally made for moisture content; and (B) Determine FV by the following equation: (iv) All access doors and windows whose areas are not included as natural draft openings and are not included in the calculation of FV shall be closed during routine operation of the process. (2) Determine the control device efficiency using Equation (5), and the test methods and procedures specified in § 63.805 (c)(1) through (6). (3) For each affected source complying with § 63.802(a)(1) in accordance with § 63.804(a)(3), compliance is demonstrated if: (i) The installation of a permanent total enclosure is demonstrated (N = 1); (ii) The value of F is determined from Equation (5); and (iii) The product of (F × N)(100) yields a value (R) such that the value of E ac (4) For each new affected source complying with § 63.802(b)(1) in accordance with § 63.804(d)(3), compliance is demonstrated if: (i) The installation of a permanent total enclosure is demonstrated (N = 1); (ii) The value of F is determined from Equation (5); and (iii) The product of (F × N)(100) yields a value (R) such that the value of E ac (5) For each affected source complying with § 63.802(a)(2)(ii) in accordance with § 63.804(c)(2), compliance is demonstrated if: (i) The installation of a permanent total enclosure is demonstrated (N = 1); (ii) The value of F is determined from Equation (5); and (iii) The product of (F × N)(100) yields a value (R) such that the value of G ac (6) For each new affected source complying with § 63.802(b)(2) in accordance with § 63.804(e)(2), compliance is demonstrated if: (i) The installation of a permanent total enclosure is demonstrated (N = 1); (ii) The value of F is determined from Equation (5); and (iii) The product of (F × N)(100) yields a value (R) such that the value of G ac [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72073, Nov. 21, 2011] § 63.806 Recordkeeping requirements. (a) The owner or operator of an affected source subject to this subpart shall fulfill all recordkeeping requirements of § 63.10 of subpart A, according to the applicability criteria in § 63.800(d) of this subpart. (b) The owner or operator of an affected source subject to the emission limits in § 63.802 of this subpart shall maintain records of the following: (1) A certified product data sheet for each finishing material, thinner, contact adhesive, and strippable spray booth coating subject to the emission limits in § 63.802; and (2) The VHAP content, in kg VHAP/kg solids (lb VHAP/lb solids), as applied, of each finishing material and contact adhesive subject to the emission limits in § 63.802; and (3) The VOC content, in kg VOC/kg solids (lb VOC/lb solids), as applied, of each strippable booth coating subject to the emission limits in § 63.802 (a)(3) or (b)(3). (4) The formaldehyde content, in lb/gal, as applied, of each finishing material and contact adhesive subject to the emission limits in § 63.802(a)(4) or (b)(4) and chooses to comply with the 400 lb/yr limits on formaldehyde in § 63.802(a)(4) (i) or (b)(4)(i). (c) The owner or operator of an affected source following the compliance method in § 63.804 (a)(1) or (d)(1) shall maintain copies of the averaging calculation for each month following the compliance date, as well as the data on the quantity of coatings and thinners used that is necessary to support the calculation of E in Equation 1. (d) The owner or operator of an affected source following the compliance procedures of § 63.804 (f)(3)(ii) and (g)(3)(ii) shall maintain the records required by § 63.806(b) as well as records of the following: (1) Solvent and coating additions to the continuous coater reservoir; (2) Viscosity measurements; and (3) Data demonstrating that viscosity is an appropriate parameter for demonstrating compliance. (e) The owner or operator of an affected source subject to the work practice standards in § 63.803 of this subpart shall maintain onsite the work practice implementation plan and all records associated with fulfilling the requirements of that plan, including, but not limited to: (1) Records demonstrating that the operator training program required by § 63.803(b) is in place; (2) Records collected in accordance with the inspection and maintenance plan required by § 63.803(c); (3) Records associated with the cleaning solvent accounting system required by § 63.803(d); (4) [Reserved] (5) Records associated with the formulation assessment plan required by § 63.803(l); and (6) Copies of documentation such as logs developed to demonstrate that the other provisions of the work practice implementation plan are followed. (f) The owner or operator of an affected source following the compliance method of § 63.804 (f)(4) or (g)(4) shall maintain copies of the calculations demonstrating that the overall control efficiency (R) of the control system results in the value of E ac (g) The owner or operator of an affected source following the compliance method of § 63.804 (f)(6) or (g)(6), shall maintain copies of the calculations demonstrating that the overall control efficiency (R) of the control system results in the applicable value of G ac (h) The owner or operator of an affected source subject to the emission limits in § 63.802 and following the compliance provisions of § 63.804(f) (1), (2), (3), (5), (7) and (8) and § 63.804(g) (1), (2), (3), (5), (7), and (8) shall maintain records of the compliance certifications submitted in accordance with § 63.807(c) for each semiannual period following the compliance date. (i) The owner or operator of an affected source shall maintain records of all other information submitted with the compliance status report required by § 63.9(h) and § 63.807(b) and the semiannual reports required by § 63.807(c). (j) The owner or operator of an affected source shall maintain all records in accordance with the requirements of § 63.10(b)(1). (k) The owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation ( i.e., [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011] § 63.807 Reporting requirements. (a) The owner or operator of an affected source subject to this subpart shall fulfill all reporting requirements of § 63.7 through § 63.10 of subpart A (General Provisions) according to the applicability criteria in § 63.800(d) of this subpart. (b) The owner or operator of an affected source demonstrating compliance in accordance with § 63.804(f) (1), (2), (3), (5), (7) and (8) shall submit the compliance status report required by § 63.9(h) of subpart A (General Provisions) no later than 60 days after the compliance date. The report shall include the information required by § 63.804(f) (1), (2), (3), (5), (7), and (8) of this subpart. (c) The owner or operator of an affected source demonstrating compliance in accordance with § 63.804(g)(1), (2), (3), (5), (7), (8), (h)(1), and (h)(3) shall submit a report covering the previous 6 months of wood furniture manufacturing operations. (1) The first report shall be submitted 30 calendar days after the end of the first 6-month period following the compliance date. (2) Subsequent reports shall be submitted 30 calendar days after the end of each 6-month period following the first report. (3) The semiannual reports shall include the information required by § 63.804(g) (1), (2), (3), (5), (7), (8), (h)(1), and (h)(3), a statement of whether the affected source was in compliance or noncompliance, and, if the affected source was in noncompliance, the measures taken to bring the affected source into compliance. If there was a malfunction during the reporting period, the report shall also include the number, duration and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.802(c), including actions taken to correct a malfunction. (4) The frequency of the reports required by paragraph (c) of this section shall not be reduced from semiannually regardless of the history of the owner's or operator's compliance status. (d) The owner or operator of an affected source demonstrating compliance in accordance with § 63.804(g)(4), (6), and (h)(2) of this subpart shall submit the excess emissions and continuous monitoring system performance report and summary report required by § 63.10(e) of subpart A. The report shall include the monitored operating parameter values required by § 63.804(g) (4) and (6). If the source experiences excess emissions, the report shall be submitted quarterly for at least 1 year after the excess emissions occur and until a request to reduce reporting frequency is approved, as indicated in § 63.10(e)(3)(C). If no excess emissions occur, the report shall be submitted semiannually. (e) The owner or operator of an affected source required to provide a written notification under § 63.803(1)(4) shall include in the notification one or more statements that explains the reasons for the usage increase. The notification shall be submitted no later than 30 calendar days after the end of the annual period in which the usage increase occurred. [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011] § 63.808 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.800, 63.802, and 63.803(a)(1), (b), (c) introductory text, and (d) through (l). (2) Approval of alternatives to the monitoring and compliance requirements in §§ 63.804(f)(4)(iv)(D) and (E), 63.804(g)(4)(iii)(C), 63.804(g)(4)(vi), and 63.804(g)(6)(vi). (3) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart, as well as approval of any alternatives to the specific test methods under §§ 63.805(a), 63.805(d)(2)(v), and 63.805(e)(1). (4) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (5) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37354, June 23, 2003] §§ 63.809-63.819 [Reserved] Table 1 to Subpart JJ of Part 63—General Provisions Applicability to Subpart JJ Reference Applies to subpart JJ Comment 63.1(a) Yes 63.1(b)(1) No Subpart JJ specifies applicability. 63.1(b)(2) Yes 63.1(b)(3) Yes 63.1(c)(1) No Subpart JJ specifies applicability. 63.1(c)(2) No Area sources are not subject to subpart JJ. 63.1(c)(4) Yes 63.1(c)(5) Yes 63.1(c)(6) Yes 63.1(e) Yes 63.2 Yes Additional terms are defined in 63.801(a) of subpart JJ. When overlap between subparts A and JJ occurs, subpart JJ takes precedence. 63.3 Yes Other units used in subpart JJ are defined in 63.801(b). 63.4 Yes 63.5 Yes 63.6(a) Yes 63.6(b)(1) Yes 63.6(b)(2) Yes 63.6(b)(3) Yes 63.6(b)(4) No May apply when standards are proposed under Section 112(f) of the CAA. 63.6(b)(5) Yes 63.6(b)(7) Yes 63.6(c)(1) Yes 63.6(c)(2) No 63.6(c)(5) Yes 63.6(e)(1)(i) No See § 63.802(c) for general duty requirement. 63.6(e)(1)(ii) No. 63.6(e)(1)(iii) Yes. 63.6(e)(2) No Section reserved. 63.6(e)(3) No. 63.6(f)(1) No Affected sources complying through the procedures specified in 63.804 (a)(1), (a)(2), (b), (c)(1), (d)(1), (d)(2), (e)(1), and (e)(2) are subject to the emission standards at all times, including periods of startup, shutdown, and malfunction. 63.6(f)(2) Yes 63.6(f)(3) Yes 63.6(g) Yes 63.6(h) No 63.6 (i)(1)-(i)(3) Yes 63.6(i)(4)(i) Yes 63.6(i)(4)(ii) No 63.6 (i)(5)-(i)(14) Yes 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)-(d) Yes Applies only to affected sources using a control device to comply with the rule. 63.7(e)(1) No See § 63.805(a)(1). 63.7(e)(2)-(e)(4) Yes Applies only to affected sources using a control device to comply with the rule. 63.8(a)-(b) Yes Applies only to affected sources using a control device to comply with the rule. 63.8(c)(1)(i) No. 63.8(c)(1)(ii) Yes Applies only to affected sources using a control device to comply with the rule. 63.8(c)(1)(iii) No. 63.8(c)(2)-(d)(2) Yes Applies only to affected sources using a control device to comply with the rule. 63.8(d)(3) Yes, except for last sentence Applies only to affected sources using a control device to comply with the rule. 63.8(e)-(g) Yes Applies only to affected sources using a control device to comply with the rule. 63.9(a) Yes 63.9(b) Yes Existing sources are required to submit initial notification report within 270 days of the effective date or no later than 120 days after the source becomes subject to this subpart, whichever is later. 63.9(c) Yes 63.9(d) Yes 63.9(e) Yes Applies only to affected sources using a control device to comply with the rule. 63.9(f) No 63.9(g) Yes Applies only to affected sources using a control device to comply with the rule. 63.9(h) Yes 63.9(h)(2)(ii) applies only to affected sources using a control device to comply with the rule. 63.9(i) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i) No. 63.10(b)(2)(ii) No See § 63.806(k) for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunctions. 63.10(b)(2)(iii) Yes Applies only to affected sources using a control device to comply with the rule. 63.10(b)(2)(iv)-(b)(2)(v) No. 63.10(b)(2)(vi)-(b)(2)(xiv) Yes Applies only to affected sources using a control device to comply with the rule. 63.10(b)(3) Yes 63.10(c)(1)-(9) Yes. 63.10(c)(10)-(11) No See § 63.806(k) for recordkeeping of malfunctions. 63.10(c)(12)-(14) Yes. 63.10(c)(15) No. 63.10(d)(1) Yes 63.10(d)(2) Yes Applies only to affected sources using a control device to comply with the rule. 63.10(d)(3) No 63.10(d)(4) Yes 63.10(d)(5) No See § 63.807(c)(3) for reporting of malfunctions. 63.10(e) Yes Applies only to affected sources using a control device to comply with the rule. 63.10(f) Yes 63.11 No 63.12-63.15 Yes [60 FR 62936, Dec. 7, 1995, as amended at 76 FR 72074, Nov. 21, 2011; 85 FR 73895, Nov. 19, 2020] Table 2 to Subpart JJ of Part 63—List of Volatile Hazardous Air Pollutants Chemical name CAS No. Acetaldehyde 75070 Acetamide 60355 Acetonitrile 75058 Acetophenone 98862 2-Acetylaminofluorine 53963 Acrolein 107028 Acrylamide 79061 Acrylic acid 79107 Acrylonitrile 107131 Allyl chloride 107051 4-Aminobiphenyl 92671 Aniline 62533 o-Anisidine 90040 Benzene 71432 Benzidine 92875 Benzotrichloride 98077 Benzyl chloride 100447 Biphenyl 92524 Bis (2-ethylhexyl) phthalate (DEHP) 117817 Bis (chloromethyl) ether 542881 Bromoform 75252 1,3-Butadiene 106990 Carbon disulfide 75150 Carbon tetrachloride 56235 Carbonyl sulfide 463581 Catechol 120809 Chloroacetic acid 79118 2-Chloroacetophenone 532274 Chlorobenzene 108907 Chloroform 67663 Chloromethyl methyl ether 107302 Chloroprene 126998 Cresols (isomers and mixture) 1319773 o-Cresol 95487 m-Cresol 108394 p-Cresol 106445 Cumene 98828 2,4-D (2,4-Dichlorophenoxyacetic acid, including salts and esters) 94757 DDE (1,1-Dichloro-2,2-bis(p-chlorophenyl)ethylene) 72559 Diazomethane 334883 Dibenzofuran 132649 1,2-Dibromo-3-chloropropane 96128 Dibutylphthalate 84742 1,4-Dichlorobenzene 106467 3,3′-Dichlorobenzidine 91941 Dichloroethyl ether (Bis(2-chloroethyl)ether) 111444 1,3-Dichloropropene 542756 Diethanolamine 111422 N,N-Dimethylaniline 121697 Diethyl sulfate 64675 3,3′-Dimethoxybenzidine 119904 4-Dimethylaminoazobenzene 60117 3,3′-Dimethylbenzidine 119937 Dimethylcarbamoyl chloride 79447 N,N-Dimethylformamide 68122 1,1-Dimethylhydrazine 57147 Dimethyl phthalate 131113 Dimethyl sulfate 77781 4,6-Dinitro-o-cresol, and salts 534521 2,4-Dinitrophenol 51285 2,4-Dinitrotoluene 121142 1,4-Dioxane (1,4-Diethyleneoxide) 123911 1,2-Diphenylhydrazine 122667 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106898 1,2-Epoxybutane 106887 Ethyl acrylate 140885 Ethylbenzene 100414 Ethyl carbamate (Urethane) 51796 Ethyl chloride (Chloroethane) 75003 Ethylene dibromide (Dibromoethane) 106934 Ethylene dichloride (1,2-Dichloroethane) 107062 Ethylene glycol 107211 Ethylene oxide 75218 Ethylenethiourea 96457 Ethylidene dichloride (1,1-Dichloroethane) 75343 Formaldehyde 50000 Glycolethers a Hexachlorobenzene 118741 Hexachloro-1,3-butadiene 87683 Hexachloroethane 67721 Hexamethylene-1,6-diisocyanate 822060 Hexamethylphosphoramide 680319 Hexane 110543 Hydrazine 302012 Hydroquinone 123319 Isophorone 78591 Maleic anhydride 108316 Methanol 67561 Methyl bromide (Bromomethane) 74839 Methyl chloride (Chloromethane) 74873 Methyl chloroform (1,1,1-Trichloroethane) 71556 Methyl ethyl ketone (2-Butanone) 78933 Methylhydrazine 60344 Methyl iodide (Iodomethane) 74884 Methyl isobutyl ketone (Hexone) 108101 Methyl isocyanate 624839 Methyl methacrylate 80626 Methyl tert-butyl ether 1634044 4,4′-Methylenebis (2-chloroaniline) 101144 Methylene chloride (Dichloromethane) 75092 4,4′-Methylenediphenyl diisocyanate (MDI) 101688 4,4′-Methylenedianiline 101779 Naphthalene 91203 Nitrobenzene 98953 4-Nitrobiphenyl 92933 4-Nitrophenol 100027 2-Nitropropane 79469 N-Nitroso-N-methylurea 684935 N-Nitrosodimethylamine 62759 N-Nitrosomorpholine 59892 Phenol 108952 p-Phenylenediamine 106503 Phosgene 75445 Phthalic anhydride 85449 Polychlorinated biphenyls (Aroclors) 1336363 Polycyclic Organic Matter b 1,3-Propane sultone 1120714 beta-Propiolactone 57578 Propionaldehyde 123386 Propoxur (Baygon) 114261 Propylene dichloride (1,2-Dichloropropane) 78875 Propylene oxide 75569 1,2-Propylenimine (2-Methyl aziridine) 75558 Quinone 106514 Styrene 100425 Styrene oxide 96093 2,3,7,8-Tetrachlorodibenzo-p-dioxin 1746016 1,1,2,2-Tetrachloroethane 79345 Tetrachloroethylene (Perchloroethylene) 127184 Toluene 108883 2,4-Toluenediamine 95807 Toluene-2,4-diisocyanate 584849 o-Toluidine 95534 1,2,4-Trichlorobenzene 120821 1,1,2-Trichloroethane 79005 Trichloroethylene 79016 2,4,5-Trichlorophenol 95954 2,4,6-Trichlorophenol 88062 Triethylamine 121448 Trifluralin 1582098 2,2,4-Trimethylpentane 540841 Vinyl acetate 108054 Vinyl bromide 593602 Vinyl chloride 75014 Vinylidene chloride (1,1-Dichloroethylene) 75354 Xylenes (isomers and mixture) 1330207 o-Xylene 95476 m-Xylene 108383 p-Xylene 106423 a 2 2 n = 1, 2, or 3, R = alkyl or aryl groups R′= R, H, or groups which, when removed, yield glycol ethers with the structure: R-(OCH 2 2 n b [63 FR 71381, Dec. 28, 1998] Table 3 to Subpart JJ of Part 63—Summary of Emission Limits Emission point Existing source New source Finishing Operations: (a) Achieve a weighted average VHAP content across all coatings (maximum kg VHAP/kg solids [lb VHAP/lb solids], as applied a a (b) Use compliant finishing materials (maximum kg VHAP/kg solids [lb VHAP/lb solids], as applied): —stains a a —washcoats a,b a, b —sealers a a —topcoats a a —basecoats a,b a, b —enamels a,b a, b —thinners (maximum percent VHAP allowable); or 10.0 10.0 (c) As an alternative, use control device; or c c (d) Use any combination of (a), (b), and (c) 1.0 0.8 Cleaning Operations: Strippable spray booth material (maximum VOC content, kg VOC/kg solids [lb VOC/lb solids]) 0.8 0.8 Contact Adhesives: (a) Use compliant contact adhesives (maximum kg VHAP/kg solids [lb VHAP/lb solids], as applied) based on following criteria: i. For aerosol adhesives, and for contact adhesives applied to nonporous substrates d d ii. For foam adhesives used in products that meet flammability requirements 1.8 0.2 iii. For all other contact adhesives (including foam adhesives used in products that do not meet flammability requirements); or 1.0 0.2 (b) Use a control device e e All Finishing Operations and Contact Adhesives: (a) Achieve total free formaldehyde emissions across all finishing operations and contact adhesives, lb per rolling 12 month period, as applied 400 400 (b) Use coatings and contact adhesives only if they are low-formaldehyde coatings and contact adhesives f f a b c d e f [60 FR 62936, Dec. 7, 1995, as amended at 62 FR 30260, June 3, 1997; 76 FR 72073, Nov. 21, 2011] Table 4 to Subpart JJ of Part 63—Pollutants Excluded From Use in Cleaning and Washoff Solvents Chemical name CAS No. 4-Aminobiphenyl 92671 Styrene oxide 96093 Diethyl sulfate 64675 N-Nitrosomorpholine 59892 Dimethyl formamide 68122 Hexamethylphosphoramide 680319 Acetamide 60355 4,4′-Methylenedianiline 101779 o-Anisidine 90040 2,3,7,8-Tetrachlorodibenzo-p-dioxin 1746016 Beryllium salts Benzidine 92875 N-Nitroso-N-methylurea 684935 Bis (chloromethyl) ether 542881 Dimethyl carbamoyl chloride 79447 Chromium compounds (hexavalent) 1,2-Propylenimine (2-Methyl aziridine) 75558 Arsenic and inorganic arsenic compounds 99999904 Hydrazine 302012 1,1-Dimethyl hydrazine 57147 Beryllium compounds 7440417 1,2-Dibromo-3-chloropropane 96128 N-Nitrosodimethylamine 62759 Cadmium compounds Benzo (a) pyrene 50328 Polychlorinated biphenyls (Aroclors) 1336363 Heptachlor 76448 3,3′-Dimethyl benzidine 119937 Nickel subsulfide 12035722 Acrylamide 79061 Hexachlorobenzene 118741 Chlordane 57749 1,3-Propane sultone 1120714 1,3-Butadiene 106990 Nickel refinery dust 2-Acetylaminoflourine 53963 3,3′-Dichlorobenzidine 53963 Lindane (hexachlorcyclohexane, gamma) 58899 2,4-Toluene diamine 95807 Dichloroethyl ether (Bis(2-chloroethyl) ether) 111444 1,2-Diphenylhydrazine 122667 Toxaphene (chlorinated camphene) 8001352 2,4-Dinitrotoluene 121142 3,3′-Dimethoxybenzidine 119904 Formaldehyde 50000 4,4′-Methylene bis (2-chloroaniline) 101144 Acrylonitrile 107131 Ethylene dibromide (1,2-Dibromoethane) 106934 DDE (1,1-p-chlorophenyl 1-2 dichloroethylene) 72559 Chlorobenzilate 510156 Dichlorvos 62737 Vinyl chloride 75014 Coke Oven Emissions Ethylene oxide 75218 Ethylene thiourea 96457 Vinyl bromide (bromoethene) 593602 Selenium sulfide (mono and di) 7488564 Chloroform 67663 Pentachlorophenol 87865 Ethyl carbamate (Urethane) 51796 Ethylene dichloride (1,2-Dichloroethane) 107062 Propylene dichloride (1,2-Dichloropropane) 78875 Carbon tetrachloride 56235 Benzene 71432 Methyl hydrazine 60344 Ethyl acrylate 140885 Propylene oxide 75569 Aniline 62533 1,4-Dichlorobenzene(p) 106467 2,4,6-Trichlorophenol 88062 Bis (2-ethylhexyl) phthalate (DEHP) 117817 o-Toluidine 95534 Propoxur 114261 1,4-Dioxane (1,4-Diethyleneoxide) 123911 Acetaldehyde 75070 Bromoform 75252 Captan 133062 Epichlorohydrin 106898 Methylene chloride (Dichloromethane) 75092 Dibenz (ah) anthracene 53703 Chrysene 218019 Dimethyl aminoazobenzene 60117 Benzo (a) anthracene 56553 Benzo (b) fluoranthene 205992 Antimony trioxide 1309644 2-Nitropropane 79469 1,3-Dichloropropene 542756 7, 12-Dimethylbenz(a) anthracene 57976 Benz(c) acridine 225514 Indeno(1,2,3-cd)pyrene 193395 1,2:7,8-Dibenzopyrene 189559 [63 FR 71382, Dec. 28, 1998] Table 5 to Subpart JJ of Part 63—List of VHAP of Potential Concern Identified by Industry CAS No. Chemical name EPA de minimis, tons/yr 68122 Dimethyl formamide 1.0 50000 Formaldehyde 0.2 75092 Methylene chloride 4.0 79469 2-Nitropropane 1.0 78591 Isophorone 0.7 1000425 Styrene monomer 1.0 108952 Phenol 0.1 111422 Dimethanolamine 5.0 109864 2-Methoxyethanol 10.0 111159 2-Ethoxyethyl acetate 10.0 [63 FR 71382, Dec. 28, 1998] Table 6 to Subpart JJ of Part 63—VHAP of Potential Concern CAS No. Chemical name EPA de minimis, tons/yr* 92671 4-Aminobiphenyl 1.0 96093 Styrene oxide 1.0 64675 Diethyl sulfate 1.0 59892 N-Nitrosomorpholine 1.0 68122 Dimethyl formamide 1.0 680319 Hexamethylphosphoramide 0.01 60355 Acetamide 1.0 101779 4,4′-Methylenedianiline 1.0 90040 o-Anisidine 1.0 1746016 2,3,7,8-Tetrachlorodibenzo-p-dioxin 0.00000006 92875 Benzidine 0.00003 684935 N-Nitroso-N-methylurea 0.00002 542881 Bis(chloromethyl) ether 0.00003 79447 Dimethyl carbamoyl chloride 0.002 75558 1,2-Propylenimine (2-Methyl aziridine) 0.0003 57147 1,1-Dimethyl hydrazine 0.0008 96128 1,2-Dibromo-3-chloropropane 0.001 62759 N-Nitrosodimethylamine 0.0001 50328 Benzo (a) pyrene 0.001 1336363 Polychlorinated biphenyls (Aroclors) 0.0009 76448 Heptachlor 0.002 119937 3,3′-Dimethyl benzidine 0.001 79061 Acrylamide 0.002 118741 Hexachlorobenzene 0.004 57749 Chlordane 0.005 1120714 1,3-Propane sultone 0.003 106990 1,3-Butadiene 0.007 53963 2-Acetylaminoflourine 0.0005 91941 3,3′-Dichlorobenzidine 0.02 58899 Lindane (hexachlorocyclohexane, gamma) 0.005 95807 2,4-Toluene diamine 0.002 111444 Dichloroethyl ether (Bis(2-chloroethyl)ether) 0.006 122667 1,2—Diphenylhydrazine 0.009 8001352 Toxaphene (chlorinated camphene) 0.006 121142 2,4-Dinitrotoluene 0.002 119904 3,3′-Dimethoxybenzidine 0.01 50000 Formaldehyde 0.2 101144 4,4′-Methylene bis(2-chloroaniline) 0.02 107131 Acrylonitrile 0.03 106934 Ethylene dibromide(1,2-Dibromoethane) 0.01 72559 DDE (1,1-p-chlorophenyl 1-2 dichloroethylene) 0.01 510156 Chlorobenzilate 0.04 62737 Dichlorvos 0.02 75014 Vinyl chloride 0.02 75218 Ethylene oxide 0.09 96457 Ethylene thiourea 0.06 593602 Vinyl bromide (bromoethene) 0.06 67663 Chloroform 0.09 87865 Pentachlorophenol 0.07 51796 Ethyl carbamate (Urethane) 0.08 107062 Ethylene dichloride (1,2-Dichloroethane) 0.08 78875 Propylene dichloride (1,2-Dichloropropane) 0.1 56235 Carbon tetrachloride 0.1 71432 Benzene 0.2 140885 Ethyl acrylate 0.1 75569 Propylene oxide 0.5 62533 Aniline 0.1 106467 1,4-Dichlorobenzene(p) 0.3 88062 2,4,6-Trichlorophenol 0.6 117817 Bis (2-ethylhexyl) phthalate (DEHP) 0.5 95534 o-Toluidine 0.4 114261 Propoxur 2.0 79016 Trichloroethylene 1.0 123911 1,4-Dioxane (1,4-Diethyleneoxide) 0.6 75070 Acetaldehyde 0.9 75252 Bromoform 2.0 133062 Captan 2.0 106898 Epichlorohydrin 2.0 75092 Methylene chloride (Dichloromethane) 4.0 127184 Tetrachloroethylene (Perchloroethylene) 4.0 53703 Dibenz (ah) anthracene 0.01 218019 Chrysene 0.01 60117 Dimethyl aminoazobenzene 1.0 56553 Benzo (a) anthracene 0.01 205992 Benzo (b) fluoranthene 0.01 79469 2-Nitropropane 1.0 542756 1,3-Dichloropropene 1.0 57976 7,12-Dimethylbenz (a) anthracene 0.01 225514 Benz(c)acridine 0.01 193395 Indeno(1,2,3-cd)pyrene 0.01 189559 1,2:7,8-Dibenzopyrene 0.01 79345 1,1,2,2-Tetrachloroethane 0.03 91225 Quinoline 0.0006 75354 Vinylidene chloride (1,1-Dichloroethylene) 0.04 87683 Hexachlorobutadiene 0.09 82688 Pentachloronitrobenzene (Quintobenzene) 0.03 78591 Isophorone 0.7 79005 1,1,2-Trichloroethane 0.1 74873 Methyl chloride (Chloromethane) 1.0 67721 Hexachloroethane 0.5 1582098 Trifluralin 0.9 1319773 Cresols/Cresylic acid (isomers and mixture) 1.0 108394 m-Cresol 1.0 75343 Ethylidene dichloride (1,1-Dichloroethane) 1.0 95487 o-Cresol 1.0 106445 p-Cresol 1.0 74884 Methyl iodide (Iodomethane) 1.0 100425 Styrene 1.0 107051 Allyl chloride 1.0 334883 Diazomethane 1.0 95954 2,4,5—Trichlorophenol 1.0 133904 Chloramben 1.0 106887 1,2—Epoxybutane 1.0 108054 Vinyl acetate 1.0 126998 Chloroprene 1.0 123319 Hydroquinone 1.0 92933 4-Nitrobiphenyl 1.0 56382 Parathion 0.1 13463393 Nickel Carbonyl 0.1 60344 Methyl hydrazine 0.006 151564 Ethylene imine 0.0003 77781 Dimethyl sulfate 0.1 107302 Chloromethyl methyl ether 0.1 57578 beta-Propiolactone 0.1 100447 Benzyl chloride 0.04 98077 Benzotrichloride 0.0006 107028 Acrolein 0.04 584849 2,4—Toluene diisocyanate 0.1 75741 Tetramethyl lead 0.01 78002 Tetraethyl lead 0.01 12108133 Methylcyclopentadienyl manganese 0.1 624839 Methyl isocyanate 0.1 77474 Hexachlorocyclopentadiene 0.1 62207765 Fluomine 0.1 10210681 Cobalt carbonyl 0.1 79118 Chloroacetic acid 0.1 534521 4,6-Dinitro-o-cresol, and salts 0.1 101688 Methylene diphenyl diisocyanate 0.1 108952 Phenol 0.1 62384 Mercury, (acetato-o) phenyl 0.01 98862 Acetophenone 1.0 108316 Maleic anhydride 1.0 532274 2-Chloroacetophenone 0.06 51285 2,4-Dinitrophenol 1.0 109864 2-Methyoxy ethanol 10.0 98953 Nitrobenzene 1.0 74839 Methyl bromide (Bromomethane) 10.0 75150 Carbon disulfide 1.0 121697 N,N-Dimethylaniline 1.0 106514 Quinone 5.0 123386 Propionaldehyde 5.0 120809 Catechol 5.0 85449 Phthalic anhydride 5.0 463581 Carbonyl sulfide 5.0 132649 Dibenzofurans 5.0 100027 4-Nitrophenol 5.0 540841 2,2,4-Trimethylpentane 5.0 111422 Diethanolamine 5.0 822060 Hexamethylene-1,6-diisocyanate 5.0 Glycol ethers a 5.0 Polycyclic organic matter b 0.01 * These values are based on the de minimis levels provided in the proposed rulemaking pursuant to section 112(g) of the Act using a 70-year lifetime exposure duration for all VHAP. Default assumptions and the de minimis values based on inhalation reference doses (RfC) are not changed by this adjustment. a b [63 FR 71383, Dec. 28, 1998] Subpart KK—National Emission Standards for the Printing and Publishing Industry Source: 61 FR 27140, May 30, 1996, unless otherwise noted. § 63.820 Applicability. (a) The provisions of this subpart apply to: (1) Each new and existing facility that is a major source of hazardous air pollutants (HAP), as defined in 40 CFR 63.2, at which publication rotogravure, product and packaging rotogravure, or wide-web flexographic printing presses are operated, and (2) Each new and existing facility at which publication rotogravure, product and packaging rotogravure, or wide-web flexographic printing presses are operated for which the owner or operator chooses to commit to and meets the criteria of paragraphs (a)(2)(i) and (ii) of this section for purposes of establishing the facility to be an area source of HAP with respect to this subpart. A facility which establishes area source status through some other mechanism, as described in paragraph (a)(7) of this section, is not subject to the provisions of this subpart. (i) Use less than 9.1 Mg (10 tons) per each rolling 12-month period of each HAP at the facility, including materials used for source categories or purposes other than printing and publishing, and (ii) Use less than 22.7 Mg (25 tons) per each rolling 12-month period of any combination of HAP at the facility, including materials used for source categories or purposes other than printing and publishing. (3) Each facility for which the owner or operator chooses to commit to and meets the criteria stated in paragraph (a)(2) of this section shall be considered an area source, and is subject only to the provisions of §§ 63.829(d) and 63.830(b)(1) of this subpart. (4) Each facility for which the owner or operator commits to the conditions in paragraph (a)(2) of this section may exclude material used in routine janitorial or facility grounds maintenance, personal uses by employees or other persons, the use of products for the purpose of maintaining electric, propane, gasoline and diesel powered motor vehicles operated by the facility, and the use of HAP contained in intake water (used for processing or noncontact cooling) or intake air (used either as compressed air or for combustion). (5) Each facility for which the owner or operator commits to the conditions in paragraph (a)(2) of this section to become an area source, but subsequently exceeds either of the thresholds in paragraph (a)(2) of this section for any rolling 12-month period (without first obtaining and complying with other limits that keep its potential to emit HAP below major source levels), shall be considered in violation of its commitment for that 12-month period and shall be considered a major source of HAP beginning the first month after the end of the 12-month period in which either of the HAP-use thresholds was exceeded. As a major source of HAP, each such facility would be subject to the provisions of this subpart as noted in paragraph (a)(1) of this section and would no longer be eligible to use the provisions of paragraph (a)(2) of this section, even if in subsequent 12-month periods the facility uses less HAP than the thresholds in paragraph (a)(2) of this section. (6) An owner or operator of an affected source subject to paragraph (a)(2) of this section who chooses to no longer be subject to paragraph (a)(2) of this section shall notify the Administrator of such change. If, by no longer being subject to paragraph (a)(2) of this section, the facility at which the affected source is located becomes a major source: (i) The owner or operator of an existing source must continue to comply with the HAP usage provisions of paragraph (a)(2) of this section until the source is in compliance with all relevant requirements for existing affected sources under this subpart; (ii) The owner or operator of a new source must continue to comply with the HAP usage provisions of paragraph (a)(2) of this section until the source is in compliance with all relevant requirements for new affected sources under this subpart. (7) Nothing in this paragraph is intended to preclude a facility from establishing area source status by limiting its potential to emit through other appropriate mechanisms that may be available through the permitting authority. (b) This subpart does not apply to research or laboratory equipment. (c) In response to an action to enforce the standards set forth in this subpart, an owner or operator may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by a malfunction, as defined in § 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (1) To establish the affirmative defense in any action to enforce such a limit, the owners or operators of a facility must timely meet the notification requirements of paragraph (c)(2) of this section, and must prove by a preponderance of evidence that: (i) The excess emissions were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, or a process to operate in a normal or usual manner; and could not have been prevented through careful planning, proper design or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; (ii) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; (iii) The frequency, amount, and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; (iv) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (v) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; (vi) All emissions monitoring and control systems were kept in operation, if at all possible, consistent with safety and good air pollution control practices; (vii) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; (viii) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and (ix) The owner or operator has prepared a written root cause analysis, the purpose of which is to determine, correct and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (2) Notification. [61 FR 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006; 76 FR 22597, Apr. 21, 2011] § 63.821 Designation of affected sources. (a) The affected sources subject to this subpart are: (1) All of the publication rotogravure presses and all related equipment, including proof presses, cylinder and parts cleaners, ink and solvent mixing and storage equipment, and solvent recovery equipment at a facility. (2) All of the product and packaging rotogravure or wide-web flexographic printing presses at a facility plus any other equipment at that facility which the owner or operator chooses to include in accordance with paragraphs (a)(3) or (a)(4) of this section, except (i) Proof presses, unless the owner or operator chooses to include proof presses in the affected source in accordance with paragraph (a)(5) of this section. (ii) Any product and packaging rotogravure or wide-web flexographic press which is used primarily for coating, laminating, or other operations which the owner or operator chooses to exclude, provided that (A) the sum of the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press using product and packaging rotogravure print stations and the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press using wide-web flexographic print stations in each month never exceeds 5 percent of the total mass of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials applied by the press in that month, including all inboard and outboard stations; and (B) The owner or operator maintains records as required in § 63.829(f). (3) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source stand-alone equipment subject to the following provisions: (i) Stand-alone equipment meeting any of the criteria specified in this subparagraph is eligible for inclusion: (A) The stand-alone equipment and one or more product and packaging rotogravure or wide-web flexographic presses are used to apply solids-containing materials to the same web or substrate; or (B) The stand-alone equipment and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solids-containing material; or (C) A common control device is used to control organic HAP emissions from the stand-alone equipment and from one or more product and packaging rotogravure or wide-web flexographic printing presses; (ii) All eligible stand-alone equipment located at the facility is included in the affected source; and (iii) No product and packaging rotogravure or wide-web flexographic presses are excluded from the affected source under the provisions of paragraph (a)(2)(ii) of this section. (4) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source narrow-web flexographic presses subject to the following provisions: (i) Each narrow-web flexographic press meeting any of the criteria specified in this subparagraph is eligible for inclusion: (A) The narrow-web flexographic press and one or more product and packaging rotogravure or wide-web flexographic presses are used to apply solids containing material to the same web or substrate; or (B) The narrow-web flexographic press and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solids-containing material; or (C) A common control device is used to control organic HAP emissions from the narrow-web flexographic press and from one or more product and packaging rotogravure or wide-web flexographic presses; and (ii) All eligible narrow-web flexographic presses located at the facility are included in the affected source. (5) The owner or operator of an affected source, as defined in paragraph (a)(2) of this section, may elect to include in that affected source rotogravure proof presses or flexographic proof presses subject to the following provisions: (i) Each proof press meeting any of the criteria specified in this subparagraph is eligible for inclusion. (A) The proof press and one or more product and packaging rotogravure or wide-web flexographic presses apply a common solids-containing material; or (B) A common control device is used to control organic HAP emissions from the proof press and from one or more product and packaging rotogravure or wide-web flexographic presses; and (ii) All eligible proof presses located at the facility are included in the affected source. (6) Affiliated operations such as mixing or dissolving of ink or coating ingredients prior to application; ink or coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of ink or coating lines and line parts; handling and storage of inks, coatings, and solvents; and conveyance and treatment of wastewater are part of the printing and publishing industry source category, but are not part of the product and packaging rotogravure or wide-web flexographic printing affected source. (7) Other presses are part of the printing and publishing industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source and are, therefore, exempt from the requirements of this subpart except as provided in paragraph (a)(3) of this section. (8) Narrow web-flexographic presses are part of the printing and publishing industry source category, but are not part of the publication rotogravure affected source or the product and packaging rotogravure or wide-web flexographic printing affected source and are, therefore, exempt from the requirements of this subpart except as provided in paragraphs (a)(3) through (5) of this section. (b) Each product and packaging rotogravure or wide-web flexographic printing affected source at a facility that is a major source of HAP, as defined in 40 CFR 63.2, that complies with the criteria of paragraphs (b)(1) or (b)(2) on and after the applicable compliance date as specified in § 63.826 of this subpart is subject only to the requirements of §§ 63.829(e) and 63.830(b)(1) of this subpart. (1) The owner or operator of the affected source applies no more than 500 kilograms (kg) per month, for every month, of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, and other materials on product and packaging rotogravure or wide-web flexographic printing presses, or (2) The owner or operator of the affected source applies no more than 400 kg per month, for every month, of organic HAP on product and packaging rotogravure or wide-web flexographic printing presses. (c) Each product and packaging rotogravure or wide-web flexographic printing affected source at a facility that is a major source of HAP, as defined in 40 CFR 63.2, that complies with neither the criterion of paragraph (b)(1) nor (b)(2) of this section in any month after the applicable compliance date as specified in § 63.826 of this subpart is, starting with that month, subject to all relevant requirements of this subpart and is no longer eligible to use the provisions of paragraph (b) of this section, even if in subsequent months the affected source does comply with the criteria of paragraphs (b)(1) or (b)(2) of this section. [61 FR 27140, May 30, 1996, as amended at 71 FR 29799, May 24, 2006] § 63.822 Definitions. (a) All terms used in this subpart that are not defined below have the meaning given to them in the CAA and in subpart A of this part. Affirmative defense Always-controlled work station Capture efficiency Capture system Car-seal Certified product data sheet (CPDS) Coating Control device Control device efficiency Day Facility Flexible packaging Flexographic press Flexographic print station HAP applied HAP used Intermittently-controllable work station Month Narrow-web flexographic press Never-controlled work station Other press Overall Organic HAP control efficiency (1) The product of the capture efficiency and the control device efficiency or (2) A liquid-liquid material balance. Print station Printing operation Product and packaging rotogravure printing Proof press Publication rotogravure press Publication rotogravure printing (1) Catalogues, including mail order and premium, (2) Direct mail advertisements, including circulars, letters, pamphlets, cards, and printed envelopes, (3) Display advertisements, including general posters, outdoor advertisements, car cards, window posters; counter and floor displays; point of purchase and other printed display material, (4) Magazines, (5) Miscellaneous advertisements, including brochures, pamphlets, catalog sheets, circular folders, announcements, package inserts, book jackets, market circulars, magazine inserts, and shopping news, (6) Newspapers, magazine and comic supplements for newspapers, and preprinted newspaper inserts, including hi-fi and spectacolor rolls and sections, (7) Periodicals, and (8) Telephone and other directories, including business reference services. Research or laboratory equipment Rotogravure press Rotogravure print station Stand-alone equipment Wide-web flexographic press Work station (b) The symbols used in equations in this subpart are defined as follows: (1) C ahi (2) C asi (3) C hi (4) C hij (5) C hj (6) [Reserved] (7) C si (8) C vi (9) E = the organic volatile matter control efficiency of the control device, percent. (10) F = the organic volatile matter capture efficiency of the capture system, percent. (11) G i (12) H = the monthly organic HAP emitted, kg. (13) H a (14) H L (15) H s (16) H si (17) L = the mass organic HAP emission rate per mass of solids applied, kg/kg. (18) M Bi (19) M Bj (20) M ci (21) M cj (22) [Reserved] (23) M fi (24) M fo (25) M hu (26) M i (27) M ij (28) M j (29) M Lj (30) M vr (31) M vu (32) [Reserved] (33) n = the number of organic compounds in the vent gas. (34) p = the number of different inks, coatings, varnishes, adhesives, primers, and other materials applied in a month. (35) q = the number of different solvents, thinners, reducers, diluents, or other non-solids-containing materials applied in a month. (36) [Reserved] (37) R = the overall organic HAP control efficiency, percent. (38) R e (39) R v (40) S = the mass organic HAP emission rate per mass of material applied, kg/kg. (41) 0.0416 = conversion factor for molar volume, kg-mol/m 3 [61 FR 27140, May 30, 1996, as amended at 71 FR 29800, May 24, 2006; 76 FR 22598, Apr. 21, 2011] § 63.823 Standards: General. (a) Table 1 to this subpart provides cross references to the 40 CFR part 63, subpart A, general provisions, indicating the applicability of the general provisions requirements to this subpart KK. (b) Each owner or operator of an affected source subject to this subpart must at all times operate and maintain that affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [76 FR 22598, Apr. 21, 2011] § 63.824 Standards: Publication rotogravure printing. (a) Each owner or operator of any publication rotogravure printing affected source that is subject to the requirements of this subpart shall comply with these requirements on and after the compliance dates as specified in § 63.826 of this subpart. (b) Each publication rotogravure affected source shall limit emissions of organic HAP to no more than eight percent of the total volatile matter used each month. The emission limitation may be achieved by overall control of at least 92 percent of organic HAP used, by substitution of non-HAP materials for organic HAP, or by a combination of capture and control technologies and substitution of materials. To demonstrate compliance, each owner or operator shall follow the procedure in paragraph (b)(1) of this section when emissions from the affected source are controlled by a solvent recovery device, the procedure in paragraph (b)(2) of this section when emissions from the affected source are controlled by an oxidizer, and the procedure in paragraph (b)(3) of this section when no control device is used. (1) Each owner or operator using a solvent recovery device to control emissions shall demonstrate compliance by showing that the HAP emission limitation is achieved by following the procedures in either paragraph (b)(1)(i) or (b)(1)(ii) of this section: (i) Perform a liquid-liquid material balance for each month as follows: (A) Measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material used by the affected source during the month. (B) Determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent and other material used by the affected source during the month following the procedure in § 63.827(b)(1). (C) Determine the volatile matter content, including water, of each ink, coating, varnish, adhesive, primer, solvent, and other material used by the affected source during the month following the procedure in § 63.827(c)(1). (D) Install, calibrate, maintain and operate, according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile matter recovered by the solvent recovery device on a monthly basis. The device shall be initially certified by the manufacturer to be accurate to within ±2.0 percent. (E) Measure the amount of volatile matter recovered for the month. (F) Calculate the overall effective organic HAP control efficiency (R e For the purposes of this calculation, the mass fraction of organic HAP present in the recovered volatile matter is assumed to be equal to the mass fraction of organic HAP present in the volatile matter used. (G) The affected source is in compliance for the month, if R e (ii) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency as specified in paragraphs (b)(1)(ii)(A) through (b)(1)(ii)(E) of this section: (A) Install continuous emission monitors to collect the data necessary to calculate the total organic volatile matter mass flow in the gas stream entering and the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for each month such that the percent control efficiency (E) of the solvent recovery device can be calculated for the month. This requires continuous emission monitoring of the total organic volatile matter concentration in the gas stream entering the solvent recovery device, the total organic volatile matter concentration in the gas stream exiting the solvent recovery device, and the volumetric gas flow rate through the solvent recovery device. A single continuous volumetric gas flow measurement should be sufficient for a solvent recovery device since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. Each month's individual inlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream entering the solvent recovery device for the month. Each month's individual outlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for the month. (B) Determine the percent capture efficiency (F) of the capture system according to § 63.827(e). (C) Calculate the overall effective organic HAP control efficiency (R e (D) Install, calibrate, operate and maintain the instrumentation necessary to measure continuously the site-specific operating parameter established in accordance with § 63.828(a)(5) whenever a publication rotogravure printing press is operated. (E) The affected source is in compliance with the requirement for the month if R e (2) Each owner or operator using an oxidizer to control emissions shall demonstrate compliance by showing that the HAP emission limitation is achieved by following the procedure in either paragraph (b)(2)(i) or (b)(2)(ii) of this section: (i) Demonstrate initial compliance through performance tests and continuing compliance through continuous monitoring as follows: (A) Determine the oxidizer destruction efficiency (E) using the procedure in § 63.827(d). (B) Determine the capture efficiency (F) using the procedure in § 63.827(e). (C) [Reserved] (D) Calculate the overall effective organic HAP control efficiency (R e (E) The affected source is in initial compliance if R e ( 1 ( 2 (ii) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency. The percent control efficiency of the oxidizer shall be demonstrated in accordance with the requirements of paragraph (b)(1)(ii) of this section except that separate continuous measurements of the inlet volumetric gas flow rate and the outlet volumetric gas flow rate are required for an oxidizer. (3) To demonstrate compliance without the use of a control device, each owner or operator shall compare the mass of organic HAP used to the mass of volatile matter used each month, as specified in paragraphs (b)(3)(i) through (b)(3)(iv) of this section: (i) Measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material used in the affected source during the month. (ii) Determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent, and other material used during the month following the procedure in § 63.827(b)(1), and (iii) Determine the volatile matter content, including water, of each ink, coating, varnish, adhesive, primer, solvent, and other material used during the month following the procedure in § 63.827(c)(1). (iv) The affected source is in compliance for the month if the mass of organic HAP used does not exceed eight percent of the mass of volatile matter used. [61 FR 27140, May 30, 1996, as amended at 71 FR 29801, May 24, 2006] § 63.825 Standards: Product and packaging rotogravure and wide-web flexographic printing. (a) Each owner or operator of any product and packaging rotogravure or wide-web flexographic printing affected source that is subject to the requirements of this subpart shall comply with these requirements on and after the compliance dates as specified in § 63.826 of this subpart. (b) Each product and packaging rotogravure or wide-web flexographic printing affected source shall limit organic HAP emissions to no more than 5 percent of the organic HAP applied for the month; or to no more than 4 percent of the mass of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, and other materials applied for the month; or to no more than 20 percent of the mass of solids applied for the month; or to a calculated equivalent allowable mass based on the organic HAP and solids contents of the inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, and other materials applied for the month. The owner or operator of each product and packaging rotogravure or wide-web flexographic printing affected source shall demonstrate compliance with this standard by following one of the procedures in paragraphs (b)(1) through (b)(10) of this section: (1) Demonstrate that each ink, coating, varnish, adhesive, primer, solvent, diluent, reducer, thinner, and other material applied during the month contains no more than 0.04 weight-fraction organic HAP, on an as-purchased basis, as determined in accordance with § 63.827(b)(2). (2) Demonstrate that each ink, coating, varnish, adhesive, primer, and other solids-containing material applied during the month contains no more than 0.04 weight-fraction organic HAP, on a monthly average as-applied basis as determined in accordance with paragraphs (b)(2)(i)-(ii) of this section. The owner or operator shall calculate the as-applied HAP content of materials which are reduced, thinned, or diluted prior to application, as follows: (i) Determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent, diluent, reducer, thinner, and other material applied on an as-purchased basis in accordance with § 63.827(b)(2). (ii) Calculate the monthly average as-applied organic HAP content, C ahi (3)(i) Demonstrate that each ink, coating, varnish, adhesive, primer, and other solids-containing material applied, either (A) Contains no more than 0.04 weight-fraction organic HAP on a monthly average as-applied basis, or (B) Contains no more than 0.20 kg of organic HAP per kg of solids applied, on a monthly average as-applied basis. (ii) The owner or operator may demonstrate compliance in accordance with paragraphs (b)(3)(ii) (A)-(C) of this section. (A) Use the procedures of paragraph (b)(2) of this section to determine which materials meet the requirements of paragraph (b)(3)(i)(A) of this section, (B) Determine the as-applied solids content following the procedure in § 63.827(c)(2) of all materials which do not meet the requirements of paragraph (b)(3)(i)(A) of this section. The owner or operator may calculate the monthly average as-applied solids content of materials which are reduced, thinned, or diluted prior to application, using Equation 4, and (C) Calculate the as-applied organic HAP to solids ratio, H si (4) Demonstrate that the monthly average as-applied organic HAP content, H L (5) Demonstrate that the monthly average as-applied organic HAP content on the basis of solids applied, H s (6) Demonstrate that the total monthly organic HAP applied, H app a Where: H app (7) Operate a capture system and control device and demonstrate an overall organic HAP control efficiency of at least 95 percent for each month. If the affected source operates more than one capture system or more than one control device, and has only always-controlled work stations, then the owner or operator shall demonstrate compliance in accordance with the provisions of either paragraph (f) or (h) of this section. If the affected source operates one or more never-controlled work stations or one or more intermittently-controllable work stations, then the owner or operator shall demonstrate compliance in accordance with the provisions of paragraph (f) of this section. Otherwise, the owner or operator shall demonstrate compliance in accordance with the procedure in paragraph (c) of this section when emissions from the affected source are controlled by a solvent recovery device or the procedure in paragraph (d) of this section when emissions are controlled by an oxidizer. (8) Operate a capture system and control device and limit the organic HAP emission rate to no more than 0.20 kg organic HAP emitted per kg solids applied as determined on a monthly average as-applied basis. If the affected source operates more than one capture system, more than one control device, one or more never-controlled work stations, or one or more intermittently-controllable work stations, then the owner or operator shall demonstrate compliance in accordance with the provisions of paragraph (f) of this section. Otherwise, the owner or operator shall demonstrate compliance following the procedure in paragraph (c) of this section when emissions from the affected source are controlled by a solvent recovery device or the procedure in paragraph (d) of this section when emissions are controlled by an oxidizer. (9) Operate a capture system and control device and limit the organic HAP emission rate to no more than 0.04 kg organic HAP emitted per kg material applied as determined on a monthly average as-applied basis. If the affected source operates more than one capture system, more than one control device, one or more never-controlled work stations, or one or more intermittently-controllable work stations, then the owner or operator shall demonstrate compliance in accordance with the provisions of paragraph (f) of this section. Otherwise, the owner or operator shall demonstrate compliance following the procedure in paragraph (c) of this section when emissions from the affected source are controlled by a solvent recovery device or the procedure in paragraph (d) of this section when emissions are controlled by an oxidizer. (10) Operate a capture system and control device and limit the monthly organic HAP emissions to less than the allowable emissions as calculated in accordance with paragraph (e) of this section. If the affected source operates more than one capture system, more than one control device, one or more never-controlled work stations, or one or more intermittently-controllable work stations, then the owner or operator shall demonstrate compliance in accordance with the provisions of paragraph (f) of this section. Otherwise, the owner or operator shall demonstrate compliance following the procedure in paragraph (c) of this section when emissions from the affected source are controlled by a solvent recovery device or the procedure in paragraph (d) of this section when emissions are controlled by an oxidizer. (c) To demonstrate compliance with the overall organic HAP control efficiency requirement in § 63.825(b)(7) or the organic HAP emissions limitation requirements in § 63.825(b)(8)-(10), each owner or operator using a solvent recovery device to control emissions shall show compliance by following the procedures in either paragraph (c)(1) or (c)(2) of this section: (1) Perform a liquid-liquid material balance for each and every month as follows: (i) Measure the mass of each ink, coating, varnish, adhesive, primer, solvent and other material applied on the press or group of presses controlled by a common solvent recovery device during the month. (ii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(b)(2). (iii) Determine the volatile matter content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(c)(2). (iv) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied or emission of less than the calculated allowable organic HAP, determine the solids content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(c)(2). (v) Install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile matter recovered by the solvent recovery device on a monthly basis. The device shall be initially certified by the manufacturer to be accurate to within ±2.0 percent. (vi) Measure the amount of volatile matter recovered for the month. (vii) Calculate the volatile matter collection and recovery efficiency, R v (viii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, calculate the organic HAP emitted during the month, H, using Equation 10. (ix) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, calculate the organic HAP emission rate based on solids applied, L, using Equation 11. (x) If demonstrating compliance on the basis of organic HAP emission rate based on materials applied, calculate the organic HAP emission rate based on material applied, S, using Equation 12. (xi) The affected source is in compliance if (A) The organic volatile matter collection and recovery efficiency, R v (B) The organic HAP emission rate based on solids applied, L, is 0.20 kg organic HAP per kg solids applied or less, or (C) the organic HAP emission rate based on material applied, S, is 0.04 kg organic HAP per kg material applied or less, or (D) the organic HAP emitted during the month, H, is less than the calculated allowable organic HAP, H a (2) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency following the procedures in paragraphs (c)(2)(i) through (c)(2)(xi) of this section: (i) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on materials applied, or emission of less than the calculated allowable organic HAP, measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material applied on the press or group of presses controlled by a common control device during the month. (ii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(b)(2). (iii) Install continuous emission monitors to collect the data necessary to calculate the total organic volatile matter mass flow in the gas stream entering and the total organic volatile mass flow in the gas stream exiting the solvent recovery device for each month such that the percent control efficiency (E) of the solvent recovery device can be calculated for the month. This requires continuous emission monitoring of the total organic volatile matter concentration in the gas stream entering the solvent recovery device, the total organic volatile matter concentration in the gas stream exiting the solvent recovery device, and the volumetric gas flow rate through the solvent recovery device. A single continuous volumetric gas flow measurement should be sufficient for a solvent recovery device since the inlet and outlet volumetric gas flow rates for a solvent recovery device are essentially equal. Each month's individual inlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream entering the solvent recovery device for the month. Each month's individual outlet concentration values and corresponding individual gas flow rate values are multiplied and then summed to get the total organic volatile matter mass flow in the gas stream exiting the solvent recovery device for the month. (iv) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied or emission of less than the calculated allowable organic HAP, determine the solids content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(c)(2). (v) Install, calibrate, operate and maintain the instrumentation necessary to measure continuously the site-specific operating parameter established in accordance with § 63.828(a)(5) whenever a product and packaging rotogravure or wide-web flexographic printing press is operated. (vi) Determine the capture efficiency (F) in accordance with § 63.827(e)-(f). (vii) Calculate the overall organic HAP control efficiency, (R), achieved for each month using Equation 13. (viii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, calculate the organic HAP emitted during the month, H, for each month using Equation 14. (ix) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, calculate the organic HAP emission rate based on solids applied, L, using Equation 15. (x) If demonstrating compliance on the basis of organic HAP emission rate based on materials applied, calculate the organic HAP emission rate based on material applied, S, using Equation 16. (xi) The affected source is in compliance if the capture system operating parameter is operated at an average value greater than or less than (as appropriate) the operating parameter value established in accordance with § 63.828(a)(5) for each three hour period, and (A) The organic volatile matter collection and recovery efficiency, R v (B) The organic HAP emission rate based on solids applied, L, is 0.20 kg organic HAP per kg solids applied or less, or (C) The organic HAP emission rate based on material applied, S, is 0.04 kg organic HAP per kg material applied or less, or (D) The organic HAP emitted during the month, H, is less than the calculated allowable organic HAP, H a (d) To demonstrate compliance with the overall organic HAP control efficiency requirement in § 63.825(b)(7) or the overall organic HAP emission rate limitation requirements in § 63.825(b)(8)-(10), each owner or operator using an oxidizer to control emissions shall show compliance by following the procedures in either paragraph (d)(1) or (d)(2) of this section: (1) Demonstrate initial compliance through performance tests of capture efficiency and control device efficiency and continuing compliance through continuous monitoring of capture system and control device operating parameters following the procedures in paragraph (d)(1)(i) through (d)(1)(xi) of this section: (i) Determine the oxidizer destruction efficiency (E) using the procedure in § 63.827(d). (ii) Determine the capture system capture efficiency (F) in accordance with § 63.827(e)-(f). (iii) Calculate the overall organic HAP control efficiency, (R), achieved using Equation 13. (iv) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on materials applied, or emission of less than the calculated allowable organic HAP, measure the mass of each ink, coating, varnish, adhesive, primer, solvent, and other material applied on the press or group of presses controlled by a common control device during the month. (v) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(b)(2). (vi) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied or emission of less than the calculated allowable organic HAP, determine the solids content of each ink, coating, varnish, adhesive, primer, solvent, and other material applied during the month following the procedure in § 63.827(c)(2). (vii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, organic HAP emission rate based on material applied or emission of less than the calculated allowable organic HAP, calculate the organic HAP emitted during the month, H, for each month using Equation 14. (viii) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied, calculate the organic HAP emission rate based on solids applied, L, for each month using Equation 15. (ix) If demonstrating compliance on the basis of organic HAP emission rate based on materials applied, calculate the organic HAP emission rate based on material applied, S, using Equation 16. (x) Install, calibrate, operate and maintain the instrumentation necessary to measure continuously the site-specific operating parameters established in accordance with § 63.828(a)(4)-(5) whenever a product and packaging rotogravure or wide-web flexographic press is operating. (xi) The affected source is in compliance, if the oxidizer is operated such that the average operating parameter value is greater than the operating parameter value established in accordance with § 63.828(a)(4) for each three-hour period, and the capture system operating parameter is operated at an average value greater than or less than (as appropriate) the operating parameter value established in accordance with § 63.828(a)(5) for each three hour period, and (A) The overall organic HAP control efficiency, R, is 95 percent or greater, or (B) The organic HAP emission rate based on solids applied, L, is 0.20 kg organic HAP per kg solids applied or less, or (C) The organic HAP emission rate based on material applied, S, is 0.04 kg organic HAP per kg material applied or less, or (D) The organic HAP emitted during the month, H, is less than the calculated allowable organic HAP, H a (2) Use continuous emission monitors, conduct an initial performance test of capture efficiency, and continuously monitor a site specific operating parameter to assure capture efficiency. The percent control efficiency of the oxidizer shall be demonstrated in accordance with the requirements of paragraph (c)(2) of this section except that separate continuous volumetric gas flow measurements of the inlet and outlet volumetric gas flow rates are required for an oxidizer. (e) Owners or operators may calculate the monthly allowable HAP emissions, H a (1) Determine the as-purchased mass of each ink, coating, varnish, adhesive, primer, and other solids-containing material applied each month, M i (2) Determine the as-purchased solids content of each ink, coating, varnish, adhesive, primer, and other solids-containing material applied each month, in accordance with § 63.827(c)(2), C si (3) Determine the as-purchased mass fraction of each ink, coating, varnish, adhesive, primer, and other solids-containing material which was applied at 20 weight-percent or greater solids content, on an as-applied basis, G i (4) Determine the total mass of each solvent, diluent, thinner, or reducer added to materials which were applied at less than 20 weight-percent solids content, on an as-applied basis, each month, M Lj (5) Calculate the monthly allowable HAP emissions, H a (f) Owners or operators of product and packaging rotogravure or wide-web flexographic printing presses shall demonstrate compliance according to the procedures in paragraphs (f)(1) through (f)(7) of this section if the affected source operates more than one capture system, more than one control device, one or more never-controlled work stations, or one or more intermittently-controllable work stations. (1) The owner or operator of each solvent recovery system used to control one or more product and packaging rotogravure or wide-web flexographic presses for which the owner or operator chooses to comply by means of a liquid-liquid mass balance shall determine the organic HAP emissions for those presses controlled by that solvent recovery system either (i) in accordance with paragraphs (c)(1)(i)-(iii) and (c)(1)(v)-(viii) of this section if the presses controlled by that solvent recovery system have only always-controlled work stations, or (ii) in accordance with paragraphs (c)(1)(ii)-(iii), (c)(1)(v)-(vi), and (g) of this section if the presses controlled by that solvent recovery system have one or more never-controlled or intermittently-controllable work stations. (2) The owner or operator of each solvent recovery system used to control one or more product and packaging rotogravure or wide-web flexographic presses, for which the owner or operator chooses to comply by means of an initial test of capture efficiency, continuous emission monitoring of the control device, and continuous monitoring of a capture system operating parameter, shall (i) For each capture system delivering emissions to that solvent recovery system, monitor an operating parameter established in accordance with § 63.828(a)(5) to assure capture system efficiency, and (ii) Determine the organic HAP emissions for those presses served by each capture system delivering emissions to that solvent recovery system either (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-(viii) of this section if the presses served by that capture system have only always-controlled work stations, or (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), and (g) of this section if the presses served by that capture system have one or more never-controlled or intermittently-controllable work stations. (3) The owner or operator of each oxidizer used to control emissions from one or more product and packaging rotogravure or wide-web flexographic presses choosing to demonstrate compliance through performance tests of capture efficiency and control device efficiency and continuing compliance through continuous monitoring of capture system and control device operating parameters, shall (i) Monitor an operating parameter established in accordance with § 63.828(a)(4) to assure control device efficiency, and (ii) For each capture system delivering emissions to that oxidizer, monitor an operating parameter established in accordance with § 63.828(a)(5) to assure capture efficiency, and (iii) Determine the organic HAP emissions for those presses served by each capture system delivering emissions to that oxidizer either (A) In accordance with paragraphs (d)(1)(i)-(v) and (d)(1)(vii) of this section if the presses served by that capture system have only always-controlled work stations, or (B) In accordance with paragraphs (d)(1)(i)-(iii), (d)(1)(v), and (g) of this section if the presses served by that capture system have one or more never-controlled or intermittently-controllable work stations. (4) The owner or operator of each oxidizer used to control emissions from one or more product and packaging rotogravure or wide-web flexographic presses choosing to demonstrate compliance through an initial capture efficiency test, continuous emission monitoring of the control device and continuous monitoring of a capture system operating parameter, shall (i) For each capture system delivering emissions to that oxidizer, monitor an operating parameter established in accordance with § 63.828(a)(5) to assure capture efficiency, and (ii) Determine the organic HAP emissions for those presses served by each capture system delivering emissions to that oxidizer either (A) In accordance with paragraphs (c)(2)(i)-(iii) and (c)(2)(v)-(viii) of this section if the presses served by that capture system have only always-controlled work stations, or (B) In accordance with paragraphs (c)(2)(ii)-(iii), (c)(2)(v)-(vii), and (g) of this section if the presses served by that capture system have one or more never-controlled or intermittently-controllable work stations. (5) The owner or operator of one or more uncontrolled product and packaging rotogravure or wide-web flexographic printing presses shall determine the organic HAP applied on those presses using Equation 8. The organic HAP emitted from an uncontrolled press is equal to the organic HAP applied on that press. (6) If demonstrating compliance on the basis of organic HAP emission rate based on solids applied or emission of less than the calculated allowable organic HAP, the owner or operator shall determine the solids content of each ink, coating, varnish, adhesive, primer, solvent and other material applied during the month following the procedure in § 63.827(c)(2). (7) The owner or operator shall determine the organic HAP emissions for the affected source for the month by summing all organic HAP emissions calculated according to paragraphs (f)(1), (f)(2)(ii), (f)(3)(iii), (f)(4)(ii), and (f)(5) of this section. The affected source is in compliance for the month, if all operating parameters required to be monitored under paragraphs (f)(2)-(4) of this section were maintained at the appropriate values, and (i) The total mass of organic HAP emitted by the affected source was not more than four percent of the total mass of inks, coatings, varnishes, adhesives, primers, solvents, diluents, reducers, thinners and other materials applied by the affected source, or (ii) The total mass of organic HAP emitted by the affected source was not more than 20 percent of the total mass of solids applied by the affected source, or (iii) The total mass of organic HAP emitted by the affected source was not more than the equivalent allowable organic HAP emissions for the affected source, H a (iv) The total mass of organic HAP emitted by the affected source was not more than five percent of the total mass of organic HAP applied by the affected source. The total mass of organic HAP applied by the affected source in the month shall be determined by the owner or operator using Equation 8. (g) Owners or operators determining organic HAP emissions from a press or group of presses having one or more never-controlled or intermittently-controllable work stations and using the procedures specified in paragraphs (f)(1)(ii), (f)(2)(ii)(B), (f)(3)(iii)(B), or (f)(4)(ii)(B) of this section shall for that press or group of presses: (1) Determine the sum of the mass of all inks, coatings, varnishes, adhesives, primers, and other solids-containing materials which are applied on intermittently-controllable work stations in bypass mode and the mass of all inks, coatings, varnishes, adhesives, primers, and other solids-containing materials which are applied on never-controlled work stations during the month, M Bi (2) Determine the sum of the mass of all solvents, reducers, thinners, and other diluents which are applied on intermittently-controllable work stations in bypass mode and the mass of all solvents, reducers, thinners, and other diluents which are applied on never-controlled work stations during the month, M Bj (3) Determine the sum of the mass of all inks, coatings, varnishes, adhesives, primers, and other solids-containing materials which are applied on intermittently-controllable work stations in controlled mode and the mass of all inks, coatings, varnishes, adhesives, primers, and other solids-containing materials which are applied on always-controlled work stations during the month, M Bj (4) Determine the sum of the mass of all solvents, reducers, thinners, and other diluents which are applied on intermittently-controllable work stations in controlled mode and the mass of all solvents, reducers, thinners, and other diluents which are applied on always-controlled work stations during the month, M Cj (5) For each press or group of presses for which the owner or operator uses the provisions of paragraph (f)(1)(ii) of this section, the owner or operator shall calculate the organic HAP emitted during the month using Equation 18. (6) For each press or group of presses for which the owner or operator uses the provisions of paragraphs (f)(2)(ii)(B), (f)(3)(iii)(B), or (f)(4)(ii)(B) of this section, the owner or operator shall calculate the organic HAP emitted during the month using Equation (19). (h) If the affected source operates more than one capture system or more than one control device, and has no never-controlled work stations and no intermittently-controllable work stations, then the affected source is in compliance with the 95 percent overall organic HAP control efficiency requirement for the month if for each press or group of presses controlled by a common control device: (1) The volatile matter collection and recovery efficiency, R v (2) The overall organic HAP control efficiency as determined by paragraphs (c)(2)(iii) and (c)(2)(v)-(vii) of this section for each press or group of presses served by that control device and a common capture system is equal to or greater than 95 percent and the average capture system operating parameter value for each capture system serving that control device is greater than or less than (as appropriate) the operating parameter value established for that capture system in accordance with § 63.828(a)(5) for each three hour period, or (3) The overall organic HAP control efficiency as determined by paragraphs (d)(1)(i)-(iii) and (d)(1)(x) of this section for each press or group of presses served by that control device and a common capture system is equal to or greater than 95 percent, the oxidizer is operated such that the average operating parameter value is greater than the operating parameter value established in accordance with § 63.828(a)(4) for each three hour period, and the average capture system operating parameter value for each capture system serving that control device is greater than or less than (as appropriate) the operating parameter value established for that capture system in accordance with § 63.828(a)(5) for each three hour period. [61 FR 27140, May 30, 1996, as amended at 71 FR 29801, May 24, 2006] § 63.826 Compliance dates. (a) The compliance date for an owner or operator of an existing affected source subject to the provisions of this subpart is May 30, 1999. (b) The compliance date for an owner or operator of a new affected source subject to the provisions of this subpart is immediately upon start-up of the affected source, or May 30, 1996, whichever is later. (c) Affected sources which have undergone reconstruction are subject to the requirements for new affected sources. The costs associated with the purchase and installation of air pollution control equipment are not considered in determining whether the affected source has been reconstructed. Additionally, the costs of retrofitting and replacement of equipment that is installed specifically to comply with this subpart are not considered reconstruction costs. § 63.827 Performance test methods. Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (a) An owner or operator using a control device to comply with the requirements of §§ 63.824-63.825 is not required to conduct an initial performance test to demonstrate compliance if one or more of the criteria in paragraphs (a)(1) through (a)(3) of this section are met: (1) A control device that is in operation prior to May 30, 1996, does not need to be tested if (i) It is equipped with continuous emission monitors for determining total organic volatile matter concentration and the volumetric gas flow rate, and capture efficiency has been determined in accordance with the requirements of this subpart, such that an overall organic HAP control efficiency can be calculated, and (ii) The continuous emission monitors are used to demonstrate continuous compliance in accordance with § 63.824(b)(1)(ii), § 63.825(b)(2)(ii), § 63.825(c)(2), or § 63.825(d)(2), as applicable, and § 63.828, or (2) The owner or operator has met the requirements of either § 63.7(e)(2)(iv) or § 63.7(h), or (3) The control device is a solvent recovery system and the owner or operator chooses to comply by means of a monthly liquid-liquid material balance. (b) Determination of the weight fraction organic HAP of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, diluents, and other materials used by a publication rotogravure affected source shall be conducted according to paragraph (b)(1) of this section. Determination of the weight fraction organic HAP of inks, coatings, varnishes, adhesives, primers, solvents, thinners, reducers, diluents, and other materials applied by a product and packaging rotogravure or wide-web flexographic printing affected source shall be conducted according to paragraph (b)(2) of this section. If the weight fraction organic HAP values are not determined using the procedures in paragraphs (b)(1) or (b)(2) of this section, the owner or operator must submit an alternative test method for determining their values for approval by the Administrator in accordance with § 63.7(f). The recovery efficiency of the test method must be determined for all of the target organic HAP and a correction factor, if necessary, must be determined and applied. (1) Each owner or operator of a publication rotogravure affected source shall determine the weight fraction organic HAP of each ink, coating, varnish, adhesive, primer, solvent, and other material used by following one of the procedures in paragraphs (b)(1)(i) through (iii) of this section: (i) The owner or operator may test the material in accordance with Method 311 of appendix A of this part. The Method 311 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The organic HAP content determined by Method 311 must be calculated according to the criteria and procedures in paragraphs (b)(1)(i)(A) through (C) of this section. (A) Include each organic HAP determined to be present at greater than or equal to 0.1 weight percent for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. (B) Express the weight fraction of each organic HAP included according to paragraph (b)(1)(i)(A) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (C) Calculate the total weight fraction of organic HAP in the tested material by summing the weight fraction of each organic HAP included according to paragraph (b)(1)(i)(A) of this section and truncating the result to three places after the decimal point (for example, 0.763). (ii) The owner or operator may determine the weight fraction volatile matter of the material in accordance with § 63.827(c)(1) and use this value for the weight fraction organic HAP for all compliance purposes. (iii) The owner or operator may use formulation data to determine the weight fraction organic HAP of a material. Formulation data may be provided to the owner or operator on a CPDS by the supplier of the material or an independent third party. Formulation data may be used provided that the weight fraction organic HAP is calculated according to the criteria and procedures in paragraphs (b)(1)(iii)(A) through (D) of this section. In the event of an inconsistency between the formulation data and the result of Method 311 of appendix A of this part, where the test result is higher, the Method 311 data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (A) For each raw material used in making the material, include each organic HAP present in that raw material at greater than or equal to 0.1 weight percent for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. The weight fraction of each such organic HAP in each raw material must be determined by Method 311 of appendix A of this part, by an alternate method approved by the Administrator, or from a CPDS provided by the raw material supplier or an independent third party. The weight fraction of each such organic HAP in each raw material must be expressed as a value truncated to four places after the decimal point (for example, 0.1291). (B) For each raw material used in making the material, the weight fraction contribution of each organic HAP, which is included according to paragraph (b)(1)(iii)(A) of this section, in that raw material to the weight fraction organic HAP of the material is calculated by multiplying the weight fraction, truncated to four places after the decimal point (for example, 0.1291), of that organic HAP in that raw material times the weight fraction of that raw material, truncated to four places after the decimal point (for example, 0.2246), in the material. The product of each such multiplication is to be truncated to four places after the decimal point (for example, 0.1291 times 0.2246 yields 0.02899586 which truncates to 0.0289). (C) For each organic HAP which is included according to paragraph (b)(1)(iii)(A) of this section, the total weight fraction of that organic HAP in the material is calculated by adding the weight fraction contribution of that organic HAP from each raw material in which that organic HAP is included according to paragraph (b)(1)(iii)(A) of this section. The sum of each such addition must be expressed to four places after the decimal point. (D) The total weight fraction of organic HAP in the material is the sum of the counted individual organic HAP weight fractions. This sum must be truncated to three places after the decimal point (for example, 0.763). (2) Each owner or operator of a product and packaging rotogravure or wide-web flexographic printing affected source shall determine the organic HAP weight fraction of each ink, coating, varnish, adhesive, primer, solvent, and other material applied by following one of the procedures in paragraphs (b)(2)(i) through (iii) of this section: (i) The owner or operator may test the material in accordance with Method 311 of appendix A of this part. The Method 311 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The organic HAP content determined by Method 311 must be calculated according to the criteria and procedures in paragraphs (b)(2)(i)(A) through (C) of this section. (A) Include each organic HAP determined to be present at greater than or equal to 0.1 weight percent for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. (B) Express the weight fraction of each organic HAP included according to paragraph (b)(2)(i)(A) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (C) Calculate the total weight fraction of organic HAP in the tested material by summing the weight fraction of each organic HAP included according to paragraph (b)(2)(i)(A) of this section and truncating the result to three places after the decimal point (for example, 0.763). (ii) The owner or operator may determine the weight fraction volatile matter of the material in accordance with § 63.827(c)(2) and use this value for the weight fraction organic HAP for all compliance purposes. (iii) The owner or operator may use formulation data to determine the weight fraction organic HAP of a material. Formulation data may be provided to the owner or operator on a CPDS by the supplier of the material or an independent third party. Formulation data may be used provided that the weight fraction organic HAP is calculated according to the criteria and procedures in paragraphs (b)(2)(iii)(A) through (D) of this section. In the event of an inconsistency between the formulation data and the result of Method 311 of appendix A of this part, where the test result is higher, the Method 311 data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (A) For each raw material used in making the material, include each organic HAP present in that raw material at greater than or equal to 0.1 weight percent for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and greater than or equal to 1.0 weight percent for other organic HAP compounds. The weight fraction of each such organic HAP in each raw material must be determined by Method 311 of appendix A of this part, by an alternate method approved by the Administrator, or from a CPDS provided by the raw material supplier or an independent third party. The weight fraction of each such organic HAP in each raw material must be expressed as a value truncated to four places after the decimal point (for example, 0.1291). (B) For each raw material used in making the material, the weight fraction contribution of each organic HAP, which is included according to paragraph (b)(2)(iii)(A) of this section, in that raw material to the weight fraction organic HAP of the material is calculated by multiplying the weight fraction, truncated to four places after the decimal point (for example, 0.1291), of that organic HAP in that raw material times the weight fraction of that raw material, truncated to four places after the decimal point (for example, 0.2246), in the material. The product of each such multiplication is truncated to four places after the decimal point (for example, 0.1291 times 0.2246 yields 0.02899586 which truncates to 0.0289). (C) For each organic HAP which is included according to paragraph (b)(2)(iii)(A) of this section, the total weight fraction of that organic HAP in the material is calculated by adding the weight fraction contribution of that organic HAP from each raw material in which that organic HAP is included according to paragraph (b)(2)(iii)(A) of this section. The sum of each such addition must be expressed to four places after the decimal point. (D) The total weight fraction of organic HAP in the material is the sum of the counted individual organic HAP weight fractions. This sum is to be truncated to three places after the decimal point (for example, 0.763). (c) Determination of the weight fraction volatile matter content of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, diluents, and other materials used by a publication rotogravure affected source shall be conducted according to paragraph (c)(1) of this section. Determination of the weight fraction volatile matter content and weight fraction solids content of inks, coatings, varnishes, adhesives, primers, solvents, reducers, thinners, diluents, and other materials applied by a product and packaging rotogravure or wide-web flexographic printing affected source shall be conducted according to paragraph (c)(2) of this section. (1) Each owner or operator of a publication rotogravure affected source shall determine the volatile matter weight fraction of each ink, coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, and other material used by following the procedures in paragraph (b)(1)(i) of this section, or by using formulation data as described in paragraph (c)(3) of this section. (i) Determine the volatile matter weight fraction of the material using Method 24A of 40 CFR part 60, appendix A. The Method 24A determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The Method 24A result shall be truncated to three places after the decimal point (for example, 0.763). If these values cannot be determined using Method 24A, the owner or operator shall submit an alternative technique for determining their values for approval by the Administrator. (2) Each owner or operator of a product and packaging rotogravure or wide-web flexographic printing affected source shall determine the volatile matter weight fraction and solids weight fraction of each ink, coating, varnish, adhesive, primer, solvent, reducer, thinner, diluent, and other material applied by following the procedures in paragraphs (b)(2)(i) and (ii) of this section, or by using formulation data as described in paragraph (c)(3) of this section. (i) Determine the volatile matter weight fraction of the material using Method 24 of 40 CFR part 60, appendix A. The Method 24 determination may be performed by the owner or operator of the affected source, the supplier of the material, or an independent third party. The Method 24 result shall be truncated to three places after the decimal point (for example, 0.763). If these values cannot be determined using Method 24, the owner or operator shall submit an alternative technique for determining their values for approval by the Administrator. (ii) Calculate the solids weight fraction Method 24 result by subtracting the volatile matter weight fraction Method 24 result from 1.000. This calculation may be performed by the owner or operator, the supplier of the material, or an independent third party. (3) The owner or operator may use formulation data to determine the volatile matter weight fraction or solids weight fraction of a material. Formulation data may be provided to the owner or operator on a CPDS by the supplier of the material or an independent third party. The volatile matter weight fraction and solids weight fraction shall be truncated to three places after the decimal point (for example, 0.763). In the event of any inconsistency between the formulation data and the result of Method 24 or Method 24A of 40 CFR part 60, appendix A, where the test result for volatile matter weight fraction is higher or the test result for solids weight fraction is lower, the applicable test method data will take precedence unless, after consultation, the owner or operator can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (d) A performance test of a control device to determine destruction efficiency for the purpose of meeting the requirements of §§ 63.824-63.825 shall be conducted by the owner or operator in accordance with the following: (1) An initial performance test to establish the destruction efficiency of an oxidizer and the associated combustion zone temperature for a thermal oxidizer and the associated catalyst bed inlet temperature for a catalytic oxidizer shall be conducted and the data reduced in accordance with the following reference methods and procedures: (i) Method 1 or 1A of 40 CFR part 60, appendix A is used for sample and velocity traverses to determine sampling locations. (ii) Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A is used to determine gas volumetric flow rate. (iii) Method 3 of 40 CFR part 60, appendix A is used for gas analysis to determine dry molecular weight. (iv) Method 4 of 40 CFR part 60, appendix A is used to determine stack gas moisture. (v) Methods 2, 2A, 3, and 4 of 40 CFR part 60, appendix A shall be performed, as applicable, at least twice during each test period. (vi) Method 25 of 40 CFR part 60, appendix A, shall be used to determine organic volatile matter concentration, except as provided in paragraphs (d)(1)(vi)(A) through (D) of this section. The owner or operator shall submit notice of the intended test method to the Administrator for approval along with notice of the performance test required under § 63.7(c). The same method must be used for both the inlet and outlet measurements. The owner or operator may use Method 25A of 40 CFR part 60, appendix A, if (A) An exhaust gas organic volatile matter concentration of 50 parts per million by volume (ppmv) or less as carbon is required to comply with the standards of §§ 63.824-63.825, or (B) The organic volatile matter concentration at the inlet to the control system and the required level of control are such to result in exhaust gas organic volatile matter concentrations of 50 ppmv or less as carbon, or (C) Because of the high efficiency of the control device, the anticipated organic volatile matter concentration at the control device exhaust is 50 ppmv or less as carbon, regardless of inlet concentration, or (D) The control device is not an oxidizer. (vii) Each performance test shall consist of three separate runs; each run conducted for at least one hour under the conditions that exist when the affected source is operating under normal operating conditions. For the purpose of determining organic volatile matter concentrations and mass flow rates, the average of results of all runs shall apply. (viii) Organic volatile matter mass flow rates shall be determined using Equation 20: Where: M f Q sd C c 12.0 = Molecular weight of carbon. 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m3) (@ 293 Kelvin (K) and 760 millimeters of mercury (mmHg)). (ix) Emission control device efficiency shall be determined using Equation 21: (2) The owner or operator shall record such process information as may be necessary to determine the conditions of the performance test. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test. (3) For the purpose of determining the value of the oxidizer operating parameter that will demonstrate continuing compliance, the time-weighted average of the values recorded during the performance test shall be computed. For an oxidizer other than catalytic oxidizer, the owner or operator shall establish as the operating parameter the minimum combustion temperature. For a catalytic oxidizer, the owner or operator shall establish as the operating parameter the minimum gas temperature upstream of the catalyst bed. These minimum temperatures are the operating parameter values that demonstrate continuing compliance with the requirements of §§ 63.824-63.825. (e) A performance test to determine the capture efficiency of each capture system venting organic emissions to a control device for the purpose of meeting the requirements of § 63.824(b)(1)(ii), § 63.824(b)(2), § 63.825(c)(2), § 63.825(d)(1)-(2), § 63.825(f)(2)-(4), or § 63.825(h)(2)-(3) shall be conducted by the owner or operator in accordance with the following: (1) You may assume your capture efficiency equals 100 percent if your capture system is a permanent total enclosure (PTE). You must confirm that your capture system is a PTE by demonstrating that it meets the requirements of section 6 of Method 204 of 40 CFR part 51, appendix M, and that all exhaust gases from the enclosure are delivered to a control device. (2) You may determine capture efficiency according to the protocols for testing with temporary total enclosures that are specified in Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may exclude never controlled work stations from such capture efficiency determinations. (f) As an alternative to the procedures specified in § 63.827(e) an owner or operator required to conduct a capture efficiency test may use any capture efficiency protocol and test methods that satisfy the criteria of either the Data Quality Objective (DQO) or the Lower Confidence Limit (LCL) approach as described in Appendix A of this subpart. The owner or operator may exclude never-controlled work stations from such capture efficiency determinations. [61 FR 27140, May 30, 1996, as amended at 71 FR 29802, May 24, 2006; 76 FR 22598, Apr. 21, 2011] § 63.828 Monitoring requirements. (a) Following the date on which the initial performance test of a control device is completed, to demonstrate continuing compliance with the standard, the owner or operator shall monitor and inspect each control device required to comply with §§ 63.824-63.825 to ensure proper operation and maintenance by implementing the applicable requirements in paragraph (a)(1) through (a)(5) of this section. (1) Owners or operators of product and packaging rotogravure or wide-web flexographic presses with intermittently-controllable work stations shall follow one of the procedures in paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each dryer associated with such a work station: (i) Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow control position indicator that provides a record indicating whether the exhaust stream from the dryer was directed to the control device or was diverted from the control device. The time and flow control position must be recorded at least once per hour, as well as every time the flow direction is changed. The flow control position indicator shall be installed at the entrance to any bypass line that could divert the exhaust stream away from the control device to the atmosphere. (ii) Secure any bypass line valve in the closed position with a car-seal or a lock-and-key type configuration; a visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve or damper is maintained in the closed position and the exhaust stream is not diverted through the bypass line. (iii) Ensure that any bypass line valve or damper is in the closed position through continuous monitoring of valve position. The monitoring system shall be inspected at least once every month to ensure that it is functioning properly. (iv) Use an automatic shutdown system in which the press is stopped when flow is diverted away from the control device to any bypass line. The automatic system shall be inspected at least once every month to ensure that it is functioning properly. (2) Compliance monitoring shall be subject to the provisions of paragraphs (a)(2)(i) and (a)(2)(ii) of this section, as applicable. (i) All continuous emission monitors shall comply with performance specifications (PS) 8 or 9 of 40 CFR part 60, appendix B, as appropriate. The requirements of appendix F of 40 CFR part 60 shall also be followed. In conducting the quarterly audits required by appendix F, owners or operators must challenge the monitors with compounds representative of the gaseous emission stream being controlled. (ii) All temperature monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturers specifications. The calibration of the chart recorder, data logger, or temperature indicator shall be verified every three months; or the chart recorder, data logger, or temperature indicator shall be replaced. The replacement shall be done either if the owner or operator chooses not to perform the calibration, or if the equipment cannot be calibrated properly. (3) An owner or operator complying with §§ 63.824-63.825 through continuous emission monitoring of a control device shall install, calibrate, operate, and maintain continuous emission monitors to measure total organic volatile matter concentration and volumetric gas flow rate in accordance with § 63.824(b)(1)(ii), § 63.825(b)(2)(ii), § 63.825(c)(2), or § 63.825(d)(2), as applicable. (4) An owner or operator complying with the requirements of §§ 63.824-63.825 through the use of an oxidizer and demonstrating continuous compliance through monitoring of an oxidizer operating parameter shall: (i) For an oxidizer other than a catalytic oxidizer, install, calibrate, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±1 °C, whichever is greater. The thermocouple or temperature sensor shall be installed in the combustion chamber at a location in the combustion zone. (ii) For a catalytic oxidizer, install, calibrate, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in °C or ±1 °C, whichever is greater. The thermocouple or temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet. (5) An owner or operator complying with the requirements of §§ 63.824-63.825 through the use of a control device and demonstrating continuous compliance by monitoring an operating parameter to ensure that the capture efficiency measured during the initial compliance test is maintained, shall: (i) Submit to the Administrator with the compliance status report required by § 63.9(h) of the General Provisions, a plan that (A) Identifies the operating parameter to be monitored to ensure that the capture efficiency measured during the initial compliance test is maintained, (B) Discusses why this parameter is appropriate for demonstrating ongoing compliance, and (C) Identifies the specific monitoring procedures; (ii) Set the operating parameter value, or range of values, that demonstrate compliance with §§ 63.824-63.825, and (iii) Conduct monitoring in accordance with the plan submitted to the Administrator unless comments received from the Administrator require an alternate monitoring scheme. (b) Any excursion from the required operating parameters which are monitored in accordance with paragraphs (a)(4) and (a)(5) of this section, unless otherwise excused, shall be considered a violation of the emission standard. [61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006] § 63.829 Recordkeeping requirements. (a) The recordkeeping provisions of 40 CFR part 63 subpart A of this part that apply and those that do not apply to owners and operators of affected sources subject to this subpart are listed in Table 1 of this subpart. (b) Each owner or operator of an affected source subject to this subpart shall maintain the records specified in paragraphs (b)(1) through (b)(3) of this section on a monthly basis in accordance with the requirements of § 63.10(b)(1) of this part: (1) Records specified in § 63.10(b)(2) of this part, of all measurements needed to demonstrate compliance with this standard, such as continuous emission monitor data, control device and capture system operating parameter data, material usage, HAP usage, volatile matter usage, and solids usage that support data that the source is required to report. (2) Records specified in § 63.10(b)(3) of this part for each applicability determination performed by the owner or operator in accordance with the requirements of § 63.820(a) of this subpart, and (3) Records specified in § 63.10(c) of this part for each continuous monitoring system operated by the owner or operator in accordance with the requirements of § 63.828(a) of this subpart. (c) Each owner or operator of an affected source subject to this subpart shall maintain records of all liquid-liquid material balances performed in accordance with the requirements of §§ 63.824-63.825 of this subpart. The records shall be maintained in accordance with the requirements of § 63.10(b) of this part. (d) The owner or operator of each facility which commits to the criteria of § 63.820(a)(2) shall maintain records of all required measurements and calculations needed to demonstrate compliance with these criteria, including the mass of all HAP containing materials used and the mass fraction of HAP present in each HAP containing material used, on a monthly basis. (e) The owner or operator of each facility which meets the limits and criteria of § 63.821(b)(1) shall maintain records as required in paragraph (e)(1) of this section. The owner or operator of each facility which meets the limits and criteria of § 63.821(b)(2) shall maintain records as required in paragraph (e)(2) of this section. Owners or operators shall maintain these records for five years, and upon request, submit them to the Administrator. (1) For each facility which meets the criteria of § 63.821(b)(1), the owner or operator shall maintain records of the total mass of each material applied on product and packaging rotogravure or wide-web flexographic printing presses during each month. (2) For each facility which meets the criteria of § 63.821(b)(2), the owner or operator shall maintain records of the total mass and organic HAP content of each material applied on product and packaging rotogravure or wide-web flexographic printing presses during each month. (f) The owner or operator choosing to exclude from an affected source, a product and packaging rotogravure or wide-web flexographic press which meets the limits and criteria of § 63.821(a)(2)(ii)(A) shall maintain the records specified in paragraphs (f)(1) and (f)(2) of this section for five years and submit them to the Administrator upon request: (1) The total mass of each material applied each month on the press, including all inboard and outboard stations, and (2) The total mass of each material applied each month on the press by product and packaging rotogravure or wide-web flexographic printing operations. (g) Each owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation ( i.e., (h) Each owner or operator of an affected source subject to this subpart shall maintain records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.823(b), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. [61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76 FR 22598, Apr. 21, 2011] § 63.830 Reporting requirements. (a) The reporting provisions of 40 CFR part 63 subpart A of this part that apply and those that do not apply to owners and operators of affected sources subject to this subpart are listed in Table 1 of this subpart. (b) Each owner or operator of an affected source subject to this subpart shall submit the reports specified in paragraphs (b)(1) through (b)(6) of this section to the Administrator: (1) An initial notification required in § 63.9(b). (i) Initial notifications for existing sources shall be submitted no later than one year before the compliance date specified in § 63.826(a), or no later than 120 days after the source becomes subject to this subpart, whichever is later. (ii) Initial notifications for new and reconstructed sources shall be submitted as required by § 63.9(b). (iii) For the purpose of this subpart, a Title V or part 70 permit application may be used in lieu of the initial notification required under § 63.9(b), provided the same information is contained in the permit application as required by § 63.9(b), and the State to which the permit application has been submitted has an approved operating permit program under part 70 of this chapter and has received delegation of authority from the EPA. (iv) Permit applications shall be submitted by the same due dates as those specified for the initial notifications. (2) A Notification of Performance Tests specified in §§ 63.7 and 63.9(e) of this part. This notification, and the site-specific test plan required under § 63.7(c)(2) shall identify the operating parameter to be monitored to ensure that the capture efficiency measured during the performance test is maintained. The operating parameter identified in the site-specific test plan shall be considered to be approved unless explicitly disapproved, or unless comments received from the Administrator require monitoring of an alternate parameter. (3) A Notification of Compliance Status specified in § 63.9(h) of this part. (4) Performance test reports specified in § 63.10(d)(2) of this part. (5) [Reserved] (6) A summary report specified in § 63.10(e)(3) of this part shall be submitted on a semi-annual basis (i.e., once every 6-month period). These summary reports are required even if the affected source does not have any control devices or does not take the performance of any control devices into account in demonstrating compliance with the emission limitations in § 63.824 or § 63.825. In addition to a report of operating parameter exceedances as required by § 63.10(e)(3)(i), the summary report shall include, as applicable: (i) Exceedances of the standards in §§ 63.824-63.825. (ii) Exceedances of either of the criteria of § 63.820(a)(2). (iii) Exceedances of the criterion of § 63.821(b)(1) and the criterion of § 63.821(b)(2) in the same month. (iv) Exceedances of the criterion of § 63.821(a)(2)(ii)(A). (v) The number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.823(b), including actions taken to correct a malfunction. (c)(1) As of January 1, 2012, and within 60 days after the date of completing each performance test, as defined in § 63.2 and as required in this subpart, you must submit performance test data, except opacity data, electronically to EPA's Central Data Exchange by using the ERT (see http://www.epa.gov/ttn/chief/ert/ert tool.html/ (2) All reports required by this subpart not subject to the requirements in paragraph (c)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (c)(1) of this section in paper format. [61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006; 76 FR 22598, Apr. 21, 2011; 85 FR 73895, Nov. 19, 2020] § 63.831 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.820 through 63.821 and 63.823 through 63.826. (2) Approval of alternatives to the test method for organic HAP content determination in § 63.827(b) and alternatives to the test method for volatile matter in § 63.827(c), and major alternatives to other test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37354, June 23, 2003] §§ 63.832-63.839 [Reserved] Table 1 to Subpart KK of Part 63—Applicability of General Provisions to Subpart KK General provisions reference Applicable to subpart KK Comment § 63.1(a)(1)-(a)(4) Yes. § 63.1(a)(5) No Section reserved. § 63.1(a)(6)-(a)(8) No. § 63.1(a)(9) No Section reserved. § 63.1(a)(10)-(a)(14) Yes. § 63.1(b)(1) No Subpart KK specifies applicability. § 63.1(b)(2)-(b)(3) Yes. § 63.1(c)(1) Yes. § 63.1(c)(2) No Area sources are not subject to subpart KK. § 63.1(c)(3) No Section reserved. § 63.1(c)(4) Yes. § 63.1(c)(5) No. § 63.1(c)(6) Yes § 63.1(d) No Section reserved. § 63.1(e) Yes. § 63.2 Yes Additional definitions in subpart KK. § 63.3(a)-(c) Yes. § 63.4(a)(1)-(a)(3) Yes. § 63.4(a)(4) No Section reserved. § 63.4(a)(5) Yes. § 63.4(b)-(c) Yes. § 63.5(a)(1)-(a)(2) Yes. § 63.5(b)(1) Yes. § 63.5(b)(2) No Section reserved. § 63.5(b)(3)-(b)(6) Yes. § 63.5(c) No Section reserved. § 63.5(d) Yes. § 63.5(e) Yes. § 63.5(f) Yes. § 63.6(a) Yes. § 63.6(b)(1)-(b)(5) Yes. § 63.6(b)(6) No Section reserved. § 63.6(b)(7) Yes. § 63.6(c)(1)-(c)(2) Yes. § 63.6(c)(3)-(c)(4) No Sections reserved. § 63.6(c)(5) Yes. § 63.6(d) No Section reserved. § 63.6(e)(1)(i) No See 63.823(b) for general duty requirement. Any cross-reference to 63.6(e)(1)(i) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.823(b). § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes. § 63.6(e)(2) No Section reserved. § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2)-(f)(3) Yes. § 63.6(g) Yes. § 63.6(h) No Subpart KK does not require COMS. § 63.6(i)(1)-(i)(14) Yes. § 63.6(i)(15) No Section reserved. § 63.6(i)(16) Yes. § 63.6(j) Yes. § 63.7(a)-(d) Yes. § 63.7(e)(1) No See 63.827 introductory text. Any cross-reference to 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.827 introductory text. § 63.7(e)(2)-(e)(4) Yes. § 63.8(a)(1)-(a)(2) Yes. § 63.8(a)(3) No Section reserved. § 63.8(a)(4) No Subpart KK specifies the use of solvent recovery devices or oxidizers. § 63.8(b) Yes. § 63.8(c)(1)-(3) Yes. § 63.8(c)(4) No Subpart KK specifies CMS sampling requirements. § 63.8(c)(5) No Subpart KK does not require COMS. § 63.8(c)(6)-(c)(8) Yes Provisions for COMS are not applicable. § 63.8(d)(1)-(2) Yes. § 63.8(d)(3) Yes, except for last sentence. § 63.8(e)-(f) Yes. § 63.8(g) No Subpart KK specifies CMS data reduction requirements. § 63.9(a) Yes. § 63.9(b)(1) Yes. § 63.9(b)(2) Yes Initial notification submission date extended. § 63.9(b)(3)-(b)(5) Yes. § 63.9(c)-(e) Yes. § 63.9(f) No Subpart KK does not require opacity and visible emissions observations. § 63.9(g) Yes Provisions for COMS are not applicable. § 63.9(h)(1)-(h)(3) Yes. § 63.9(h)(4) No Section reserved. § 63.9(h)(5)-(h)(6) Yes. § 63.9(i) Yes. § 63.9(j) Yes. § 63.9(k) Yes Only as specified in 63.9(j). § 63.10(a) Yes. § 63.10(b)(1) Yes. § 63.10(b)(2)(i) No. § 63.10(b)(2)(ii) No See 63.829(g) for recordkeeping of occurrence and duration of malfunctions. See 63.829(h) for recordkeeping of actions taken during malfunction. Any cross-reference to 63.10(b)(2)(ii) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.829(g). § 63.10(b)(2)(iii) Yes. § 63.10(b)(2)(iv)-(b)(2)(v) No. § 63.10(b)(2)(vi)-(b)(2)(xiv) Yes. § 63.10(b)(3) Yes. § 63.10(c)(1) Yes. § 63.10(c)(2)-(c)(4) No Sections reserved. § 63.10(c)(5)-(c)(8) Yes. § 63.10(c)(9) No Section reserved. § 63.10(c)(10) No See 63.830(b)(6)(v) for reporting malfunctions. Any cross-reference to 63.10(c)(10) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.830(b)(6)(v). § 63.10(c)(11) No See 63.830(b)(6)(v) for reporting malfunctions. Any cross-reference to 63.10(c)(11) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.830(b)(6)(v). § 63.10(c)(12)-(c)(14) Yes. § 63.10(c)(15) No. § 63.10(d)(1)-(d)(2) Yes. § 63.10(d)(3) No Subpart KK does not require opacity and visible emissions observations. § 63.10(d)(4) Yes. § 63.10(d)(5) No. § 63.10(e) Yes Provisions for COMS are not applicable. § 63.10(f) Yes. § 63.11 No Subpart KK specifies the use of solvent recovery devices or oxidizers. § 63.12 Yes. § 63.13 Yes. § 63.14 Yes. § 63.15 Yes. [61 FR 27140, May 30, 1996, as amended at 76 FR 22598, Apr. 21, 2011; 85 FR 73895, Nov. 19, 2020] Appendix A to Subpart KK of Part 63—Data Quality Objective and Lower Confidence Limit Approaches for Alternative Capture Efficiency Protocols and Test Methods 1. Introduction 1.1 Alternative capture efficiency (CE) protocols and test methods that satisfy the criteria of either the data quality objective (DQO) approach or the lower confidence limit (LCL) approach are acceptable under § 63.827(f). The general criteria for alternative CE protocols and test methods to qualify under either the DQO or LCL approach are described in section 2. The DQO approach and criteria specific to the DQO approach are described in section 3. The LCL approach and criteria specific to the LCL approach are described in section 4. The recommended reporting for alternative CE protocols and test methods are presented in section 5. The recommended recordkeeping for alternative CE protocols and test methods are presented in section 6. 1.2 Although the Procedures L, G.1, G.2, F.1, and F.2 in § 52.741 of part 52 were developed for TTE and BE testing, the same procedures can also be used in an alternative CE protocol. For example, a traditional liquid/gas mass balance CE protocol could employ Procedure L to measure liquid VOC input and Procedure G.1 to measure captured VOC. 2. General Criteria for DQO and LCL Approaches 2.1 The following general criteria must be met for an alternative capture efficiency protocol and test methods to qualify under the DQO or LCL approach. 2.2 An alternative CE protocol must consist of at least three valid test runs. Each test run must be at least 20 minutes long. No test run can be longer than 24 hours. 2.3 All test runs must be separate and independent. For example, liquid VOC input and output must be determined independently for each run. The final liquid VOC sample from one run cannot be the initial sample for another run. In addition, liquid input for an entire day cannot be apportioned among test runs based on production. 2.4 Composite liquid samples cannot be used to obtain an “average composition” for a test run. For example, separate initial and final coating samples must be taken and analyzed for each run; initial and final samples cannot be combined prior to analysis to derive an “average composition” for the test run. 2.5 All individual test runs that result in a CE of greater than 105 percent are invalid and must be discarded. 2.6 If the source can demonstrate to the regulatory agency that a test run should not be considered due to an identified testing or analysis error such as spillage of part of the sample during shipping or an upset or improper operating conditions that is not considered part of normal operation then the test result for that individual test run may be discarded. This limited exception allows sources to discard as “outliers” certain individual test runs without replacing them with a valid test run as long as the facility has at least three valid test runs to use when calculating its DQO or LCL. This exception is limited solely to test runs involving the types of errors identified above. 2.7 All valid test runs that are conducted must be included in the average CE determination. The individual test run CE results and average CE results cannot be truncated (i.e., 105 percent cannot be reported as 100 + percent) for purposes of meeting general or specific criteria for either the DQO or the LCL. If the DQO is satisfied and the average CE is greater than 100, then 100 percent CE must be considered the result of the test. 2.8 Alternative test methods for measuring VOC concentration must include a three-point calibration of the gas analysis instrument in the expected concentration range. 3. Data Quality Objective Approach 3.1 The purpose of the DQO is to allow sources to use alternative CE protocols and test methods while ensuring reasonable precision consistent with pertinent requirements of the Clean Air Act. In addition to the general criteria described in section 2, the specific DQO criterion is that the width of the two-sided 95 percent confidence interval of the mean measured value must be less than or equal to 10 percent of the mean measured value (see Figure 1). This ensures that 95 percent of the time, when the DQO is met, the actual CE value will be ±5 percent of the mean measured value (assuming that the test protocol is unbiased). 3.2 The DQO calculation is made as follows using Equations 1 and 2: Where: a = Distance from the average measured CE value to the endpoints of the 95-percent (two-sided) confidence interval for the measured value. n = Number of valid test runs. P = DQO indicator statistic, distance from the average measured CE value to the endpoints of the 95-percent (two-sided) confidence interval, expressed as a percent of the average measured CE value. s = Sample standard deviation. t 0.975 x avg x i Table A-1— t Number of valid test runs, n t 0.975 t 0.90 1 or 2 N/A N/A 3 4.303 1.886 4 3.182 1.638 5 2.776 1.533 6 2.571 1.476 7 2.447 1.440 8 2.365 1.415 9 2.306 1.397 10 2.262 1.383 11 2.228 1.372 12 2.201 1.363 13 2.179 1.356 14 2.160 1.350 15 2.145 1.345 16 2.131 1.341 17 2.120 1.337 18 2.110 1.333 19 2.101 1.330 20 2.093 1.328 21 2.086 1.325 3.3 The sample standard deviation and average CE value are calculated using Equations 3 and 4 as follows: 3.4 The DQO criteria are achieved when all of the general criteria in section 2 are achieved and P ≤5 percent (i.e., the specific DQO criterion is achieved). In order to meet this objective, facilities may have to conduct more than three test runs. Examples of calculating P, given a finite number of test runs, are shown below. (For purposes of this example it is assumed that all of the general criteria are met.) 3.5 Facility A conducted a CE test using a traditional liquid/gas mass balance and submitted the following results and the calculations shown in Equations 5 and 6: Run CE 1 96.1 2 105.0 3 101.2 Therefore: n = 3 t 0.975 x avg s = 4.51 3.6 Since the facility did not meet the specific DQO criterion, they ran three more test runs. Run CE 4 93.2 5 96.2 6 87.6 3.7 The calculations for Runs 1-6 are made as follows using Equations 7 and 8: n = 6 t 0.975 x avg s = 6.11 3.8 The facility still did not meet the specific DQO criterion. They ran three more test runs with the following results: Run CE 7 92.9 8 98.3 9 91.0 3.9 The calculations for Runs 1-9 are made as follows using Equations 9 and 10: n = 9 t 0.975 x avg s = 5.33 3.10 Based on these results, the specific DQO criterion is satisfied. Since all of the general criteria were also satisfied, the average CE from the nine test runs can be used to determine compliance. 4. Lower Confidence Limit Approach 4.1 The purpose of the LCL approach is to provide sources, that may be performing much better than their applicable regulatory requirement, a screening option by which they can demonstrate compliance. The approach uses less precise methods and avoids additional test runs which might otherwise be needed to meet the specific DQO criterion while still being assured of correctly demonstrating compliance. It is designed to reduce “false positive” or so called “Type II errors” which may erroneously indicate compliance where more variable test methods are employed. Because it encourages CE performance greater than that required in exchange for reduced compliance demonstration burden, the sources that successfully use the LCL approach could produce emission reductions beyond allowable emissions. Thus, it could provide additional benefits to the environment as well. 4.2 The LCL approach compares the 80 percent (two-sided) LCL for the mean measured CE value to the applicable CE regulatory requirement. In addition to the general criteria described in section 2, the specific LCL criteria are that either the LCL be greater than or equal to the applicable CE regulatory requirement or that the specific DQO criterion is met. A more detailed description of the LCL approach follows: 4.3 A source conducts an initial series of at least three runs. The owner or operator may choose to conduct additional test runs during the initial test if desired. 4.4 If all of the general criteria are met and the specific DQO criterion is met, then the average CE value is used to determine compliance. 4.5 If the data meet all of the general criteria, but do not meet the specific DQO criterion; and the average CE, using all valid test runs, is above 100 percent then the test sequence cannot be used to calculate the LCL. At this point the facility has the option of (a) conducting more test runs in hopes of meeting the DQO or of bringing the average CE for all test runs below 100 percent so the LCL can be used or (b) discarding all previous test data and retesting. 4.6 The purpose of the requirement in Section 4.5 is to protect against protocols and test methods which may be inherently biased high. This is important because it is impossible to have an actual CE greater than 100 percent and the LCL approach only looks at the lower end variability of the test results. This is different from the DQO which allows average CE values up to 105 percent because the DQO sets both upper and lower limits on test variability. 4.7 If at any point during testing the results meet the DQO, the average CE can be used for demonstrating compliance with the applicable regulatory requirement. Similarly, if the average CE is below 100 percent then the LCL can be used for demonstrating compliance with the applicable regulatory requirement without regard to the DQO. 4.8 The LCL is calculated at an 80 percent (two-sided) confidence level as follows using Equation 11: Where: LC 1 n = Number of valid test runs. s = Sample standard deviation. t 0.90 x avg 4.9 The resulting LC 1 1 1 4.10 If there is no specific CE requirement in the applicable regulation, then the applicable CE regulatory requirement is determined based on the applicable regulation and an acceptable destruction efficiency test. If the applicable regulation requires daily compliance and the latest CE compliance demonstration was made using the LCL approach, then the calculated LC 1 4.11 An example of calculating the LCL is shown below. Facility B's applicable regulatory requirement is 85 percent CE. Facility B conducted a CE test using a traditional liquid/gas mass balance and submitted the following results and the calculation shown in Equation 12: Run CE 1 94.2 2 97.6 3 90.5 Therefore: n = 3 t 0.90 x avg s = 3.55 4.12 Since the LC 1 1 5. Recommended Reporting for Alternative CE Protocols 5.1 If a facility chooses to use alternative CE protocols and test methods that satisfy either the DQO or LCL and the additional criteria in section 4., the following information should be submitted with each test report to the appropriate regulatory agency: 1. A copy of all alternative test methods, including any changes to the EPA reference methods, QA/QC procedures and calibration procedures. 2. A table with information on each liquid sample, including the sample identification, where and when the sample was taken, and the VOC content of the sample; 3. The coating usage for each test run (for protocols in which the liquid VOC input is to be determined); 4. The quantity of captured VOC measured for each test run; 5. The CE calculations and results for each test run; 6. The DQO or LCL calculations and results; and 7. The QA/QC results, including information on calibrations (e.g., how often the instruments were calibrated, the calibration results, and information on calibration gases, if applicable). 6. Recommended Recordkeeping for Alternative CE Protocols. 6.1 A record should be kept at the facility of all raw data recorded during the test in a suitable form for submittal to the appropriate regulatory authority upon request. [61 FR 27140, May 30, 1996, as amended at 71 FR 29804, May 24, 2006] Subpart LL—National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants Source: 62 FR 52407, Oct. 7, 1997, unless otherwise noted. § 63.840 Applicability. (a) Except as provided in paragraph (b) of this section, the requirements of this subpart apply to the owner or operator of each new or existing pitch storage tank, potline, paste production plant and anode bake furnace associated with primary aluminum production and located at a major source as defined in § 63.2. (b) The requirements of this subpart do not apply to any existing anode bake furnace that is not located on the same site as a primary aluminum reduction plant. The owner or operator shall comply with the State MACT determination established by the applicable regulatory authority. (c) An owner or operator of an affected facility (potroom group or anode bake furnace) under § 60.190 of this chapter may elect to comply with either the requirements of § 63.845 of this subpart or the requirements of subpart S of part 60 of this chapter. [62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62414, Oct. 15, 2015] § 63.841 [Reserved] § 63.842 Definitions. Terms used in this subpart are defined in the Clean Air Act as amended (the Act), in § 63.2, or in this section as follows: Anode bake cycle Anode bake furnace Center-worked prebake (CWPB) process Center-worked prebake one (CWPB1) Center-worked prebake two (CWPB2) Center-worked prebake three (CWPB3) Continuous parameter monitoring system High purity aluminum Modified potroom group Operating day Particulate matter (PM) Paste production plant i.e. Pitch storage tank Polychlorinated biphenyl (PCB) Polycyclic organic matter Potline Potroom Potroom group Prebake process Primary aluminum reduction plant Primary control system Primary emissions Reconstructed potroom group Reconstruction (1) All of the major components of the source are replaced (for example, the major components of a potline include the raw material handling system, reduction cells, superstructure, hooding, ductwork, etc.); and (2) It is technologically and economically feasible for the reconstructed source to meet the standards for new sources established in this subpart. Roof monitor Secondary emissions Side-worked prebake (SWPB) process Soderberg process Startup of an anode bake furnace Total fluorides Toxicity equivalence (TEQ) Vertical stud Soderberg two (VSS2) [62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 FR 62414, Oct. 15, 2015] § 63.843 Emission limits for existing sources. (a) Potlines. (1) TF limits. (i) 0.95 kg/Mg (1.9 lb/ton) of aluminum produced for each CWPB1 potline; (ii) 1.5 kg/Mg (3.0 lb/ton) of aluminum produced for each CWPB2 potline; (iii) 1.25 kg/Mg (2.5 lb/ton) of aluminum produced for each CWPB3 potline; (iv) 0.8 kg/Mg (1.6 lb/ton) of aluminum produced for each SWPB potline; and (v) [Reserved] (vi) 1.35 kg/Mg (2.7 lb/ton) of aluminum produced for each VSS2 potline. (2) POM limits. (i)—(ii) [Reserved] (iii) 0.85 kg/Mg (1.9 lb/ton) of aluminum produced for each VSS2 potline; (iv) 0.55 kg/Mg (1.1 lb/ton) of aluminum produced for each CWPB1 prebake potline; (v) 6.0 kg/Mg (12 lb/ton) of aluminum produced for each CWPB2 prebake potline; (vi) 1.4 kg/Mg (2.7 lb/ton) of aluminum produced for each CWPB3 prebake potline; and (vii) 8.5 kg/Mg (17 lb/ton) of aluminum produced for each SWPB prebake potline. (3) PM limits. (i) 3.7 kg/Mg (7.4 lb/ton) of aluminum produced for each CWPB1 potline; (ii) 5.5 kg/Mg (11 lb/ton) of aluminum produced for each CWPB2 potline; (iii) 10 kg/Mg (20 lb/ton) of aluminum produced for each CWPB3 potline; (iv) 2.45 kg/Mg (4.9 lb/ton) of aluminum produced for each SWPB potline; and (v) 13 kg/Mg (26 lb/ton) of aluminum produced for each VSS2 potline. (4) Nickel limit. (5) Arsenic limit. (6) PCB limit. (7) Change in subcategory. (b) Paste production plants. (1) The emission capture system shall be installed and operated to meet the generally accepted engineering standards for minimum exhaust rates as published by the American Conference of Governmental Industrial Hygienists in Chapters 3 and 5 of “Industrial Ventilation: A Handbook of Recommended Practice” (incorporated by reference; see § 63.14); and (2) Captured emissions shall be routed through a closed system to a dry coke scrubber; or (3) The owner or operator may submit a written request for use of an alternative control device to the applicable regulatory authority for review and approval. The request shall contain information and data demonstrating that the alternative control device achieves POM emissions less than 0.011 lb/ton of paste for plants with continuous mixers or POM emissions less than 0.024 lb/ton of paste for plants with batch mixers. The POM emission rate shall be determined by sampling using Method 315 in appendix A to this part. (4) PM limit. (c) Anode bake furnaces. (1) TF limit. (2) POM limit. (3) PM limit. (4) Mercury limit. (d) Pitch storage tanks. (e) COS limit. (f) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records and inspection of the source. [62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 FR 62415, Oct. 15, 2015] § 63.844 Emission limits for new or reconstructed sources. (a) Potlines. (1) TF limit. (2) POM limit. (3) PM limit. (4) Nickel limit. (5) Arsenic limit. (6) PCB limit. (b) Paste production plants. (2) Emissions of PM shall not exceed 0.0028 kg/Mg (0.0056 lb/ton) of green anode. (c) Anode bake furnaces. (1) TF limit. (2) POM limit. (3) PM limit. (4) Mercury limit. (d) Pitch storage tanks. (e) COS limit. (f) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records and inspection of the source. [62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62416, Oct. 15, 2015] § 63.845 Incorporation of new source performance standards for potroom groups. (a) Applicability. (1) The following shall not, by themselves, be considered to result in a potroom group modification: (i) Maintenance, repair, and replacement that the applicable regulatory authority determines to be routine for the potroom group; (ii) An increase in production rate of an existing potroom group, if that increase can be accomplished without a capital expenditure on that potroom group; (iii) An increase in the hours of operation; (iv) Use of an alternative fuel or raw material if, prior to the effective date of this subpart, the existing potroom group was designed to accommodate that alternative use; (v) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system is removed or is replaced by a system that the applicable regulatory authority determines to be less environmentally beneficial; and (vi) The relocation or change in ownership of an existing potroom group. (2) The provisions in paragraphs (a)(2)(i) through (a)(2)(iv) of this section apply when the applicable regulatory authority must determine if a potroom group meets the definition of reconstructed potroom group. (i) “Fixed capital cost” means the capital needed to provide all the depreciable components. (ii) If an owner or operator of an existing potroom group proposes to replace components, and the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new potroom group, he/she shall notify the applicable regulatory authority of the proposed replacements. The notice must be postmarked 60 days (or as soon as practicable) before construction of the replacements is commenced and must include the following information: (A) Name and address of the owner or operator; (B) The location of the existing potroom group; (C) A brief description of the existing potroom group and the components that are to be replaced; (D) A description of the existing air pollution control equipment and the proposed air pollution control equipment; (E) An estimate of the fixed capital cost of the replacements and of constructing a comparable entirely new potroom group; (F) The estimated life of the existing potroom group after the replacements; and (G) A discussion of any economic or technical limitations the potroom group may have in complying with the applicable standards of performance after the proposed replacements. (iii) The applicable regulatory authority will determine, within 30 days of the receipt of the notice required by paragraph (a)(2)(ii) of this section and any additional information he/she may reasonably require, whether the proposed replacement constitutes a reconstructed potroom group. (iv) The applicable regulatory authority's determination under paragraph (a)(2)(iii) of this section shall be based on: (A) The fixed capital cost of the replacements in comparison to the fixed capital cost that would be required to construct a comparable entirely new potroom group; (B) The estimated life of the potroom group after the replacements compared to the life of a comparable entirely new potroom group; (C) The extent to which the components being replaced cause or contribute to the emissions from the potroom group; and (D) Any economic or technical limitations on compliance with applicable standards of performance that are inherent in the proposed replacements. (b) Lower TF emission limit. L 1 1 PG1 1 PL Where: L 1 f 1 L PG1 L PL (c) Upper TF emission limit. L 2 1 PG2 1 PL Where: L 2 L PG2 (d) Recalculation. (e) Emission limitation. (f) Report. (g) Procedures to determine TF emissions. (1) Determine the emission rate of TF in kg/Mg (lb/ton) from sampling secondary emissions and the primary control system for all new potroom groups, modified potroom groups, and reconstructed potroom groups using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849. (2) Determine the emission rate of TF in kg/Mg (lb/ton) from sampling secondary emissions and the primary control system for potroom groups or sections of potroom groups within the potline that are not new potroom groups, modified potroom groups, or reconstructed potroom groups according to paragraphs (g)(2)(i) or (g)(2)(ii) of this section. (i) Determine the mass emission rate of TF in kg/Mg (lb/ton) from at least one potroom group within the potline that is not a new potroom group, modified potroom group, or reconstructed potroom group using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849, or (ii) Use the results of the testing required by paragraph (g)(1) of this section to represent the entire potline based on a demonstration that the results are representative of the entire potline. Representativeness shall be based on showing that all of the potroom groups associated with the potline are substantially equivalent in terms of their structure, operability, type of emissions, volume of emissions, and concentration of emissions. (3) Calculate the TF emissions for the potline in kg/Mg (lb/ton) based on the production-weighted average of the TF emission rates from paragraphs (g)(1) and (g)(2) of this section using the following equation: E = f 1 PG1 1 PL where: E = the TF emission rate for the entire potline, kg/Mg (lb/ton); f 1 E PG1 E PL Compliance is demonstrated when TF emissions for the potline meet the requirements in paragraph (e) of this section. (4) As an alternative to sampling as required in paragraphs (g)(1) and (g)(2) of this section, the owner or operator may perform representative sampling of the entire potline subject to the approval of the applicable regulatory authority. Such sampling shall provide coverage by the sampling equipment of both the new, modified, or reconstructed potroom group and the balance of the potline. The coverage for the new, modified, or reconstructed potroom group must meet the criteria specified in the reference methods in § 63.849. TF emissions shall be determined for the potline using the procedures, equations, and test methods in §§ 63.847, 63.848, and 63.849. Compliance is demonstrated when TF emissions for the potline meet the requirements in paragraph (e) of this section. (h) Opacity. (i) Alternative opacity limit. (1) If the regulatory authority finds that a potline is in compliance with the applicable TF standard for which performance tests are conducted in accordance with the methods and procedures in § 63.849 but during the time such performance tests are being conducted fails to meet any applicable opacity standard, the regulatory authority shall notify and advise the owner or operator that he/she may petition the regulatory authority within 10 days of receipt of notification to make appropriate adjustment to the opacity standard. (2) The regulatory authority will grant such a petition upon a demonstration by the owner or operator that the potroom group and associated air pollution control equipment were operated and maintained in a manner to minimize the opacity of emissions during the performance tests; that the performance tests were performed under the conditions established by the regulatory authority; and that the potroom group and associated air pollution control equipment were incapable of being adjusted or operated to meet the applicable opacity standard. (3) As indicated by the performance and opacity tests, the regulatory authority will establish an opacity standard for any potroom group meeting the requirements in paragraphs (i)(1) and (i)(2) of this section such that the opacity standard could be met by the potroom group at all times during which the potline is meeting the TF emission limit. (4) The alternative opacity limit established in paragraph (i)(3) of this section shall not be greater than 20 percent opacity. § 63.846 Emission averaging. (a) General. (b) Potlines. (1) Semiannual average emissions of TF shall not exceed the applicable emission limit in Table 1 of this subpart. The emission rate shall be calculated based on the total primary and secondary emissions from all potlines comprising the averaging group over the period divided by the quantity of aluminum produced during the period, from all potlines comprising the averaging group. To determine compliance with the applicable emission limit in Table 1 of this subpart for TF emissions, the owner or operator shall determine the average emissions (in lb/ton) from each potline from at least three runs per potline semiannually for TF secondary emissions and at least three runs per potline primary control system each year using the procedures and methods in §§ 63.847 and 63.849. The owner or operator shall combine the results of secondary TF average emissions with the TF results for the primary control system and divide total emissions by total aluminum production. (2) Semiannual average emissions of POM shall not exceed the applicable emission limit in Table 2 of this subpart. The emission rate shall be calculated based on the total primary and secondary emissions from all potlines comprising the averaging group over the period divided by the quantity of aluminum produced during the period, from all potlines comprising the averaging group. To determine compliance with the applicable emission limit in Table 2 of this subpart for POM emissions, the owner or operator shall determine the average emissions (in lb/ton) from each potline from at least three runs per potline semiannually for POM secondary emissions and at least three runs per potline primary control system each year for POM primary emissions using the procedures and methods in §§ 63.847 and 63.849. The owner or operator shall combine the results of secondary POM average emissions with the POM results for the primary control system and divide total emissions by total aluminum production. (3) Semiannual average emissions of PM shall not exceed the applicable emission limit in Table 3 of this subpart. The emission rate shall be calculated based on the total primary and secondary emissions from all potlines comprising the potline group over the period divided by the quantity of aluminum produced during the period, from all potlines comprising the averaging group. To determine compliance with the applicable emission limit in Table 3 of this subpart for PM emissions, the owner or operator shall determine the average emissions (in lb/ton) from each potline from at least three runs per potline semiannually for PM secondary emissions and at least three runs per potline primary control system each year for PM primary emissions using the procedures and methods in §§ 63.847 and 63.849. The owner or operator shall combine the results of secondary PM average emissions with the PM results for the primary control system and divide total emissions by total aluminum production. (c) Anode bake furnaces. (1) Annual emissions of TF, POM and/or PM from a given number of anode bake furnaces making up each averaging group shall not exceed the applicable emission limit in Table 4 of this subpart in any one year; and (2) To determine compliance with the applicable emission limit in Table 4 of this subpart for anode bake furnaces, the owner or operator shall determine TF, POM and/or PM emissions from the control device for each anode bake furnace at least once each year using the procedures and methods in §§ 63.847 and 63.849. (d) Implementation plan. (1) Deadlines. (2) Contents. (i) The identification of all emission sources (potlines or anode bake furnaces) in the average; (ii) The assigned TF, POM and/or PM emission limit for each averaging group of potlines and/or anode bake furnaces; (iii) The specific control technologies or pollution prevention measures to be used for each emission source in the averaging group and the date of its installation or application. If the pollution prevention measures reduce or eliminate emissions from multiple sources, the owner or operator must identify each source; (iv) The test plan for the measurement of TF, POM and/or PM emissions in accordance with the requirements in § 63.847(b); (v) The operating parameters to be monitored for each control system or device and a description of how the operating limits will be determined; (vi) If the owner or operator requests to monitor an alternative operating parameter pursuant to § 63.848(l): (A) A description of the parameter(s) to be monitored and an explanation of the criteria used to select the parameter(s); and (B) A description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation of the control device; the frequency and content of monitoring, reporting, and recordkeeping requirements; and a demonstration, to the satisfaction of the applicable regulatory authority, that the proposed monitoring frequency is sufficient to represent control device operating conditions; and (vii) A demonstration that compliance with each of the applicable emission limit(s) will be achieved under representative operating conditions. (3) Approval criteria. (i) Whether the content of the plan includes all of the information specified in paragraph (d)(2) of this section; and (ii) Whether the plan or permit application presents sufficient information to determine that compliance will be achieved and maintained. (4) Prohibitions. (i) Any averaging between emissions of differing pollutants or between differing sources. Emission averaging shall not be allowed between TF, POM and/or PM, and emission averaging shall not be allowed between potlines and anode bake furnaces; (ii) The inclusion of any emission source other than an existing potline or existing anode bake furnace or the inclusion of any potline or anode bake furnace not subject to the same operating permit; or (iii) The inclusion of any potline or anode bake furnace while it is shut down, in the emission calculations. (5) Term. (i) The applicable regulatory authority shall approve the plan for the term of the operating permit; (ii) To revise the plan prior to the end of the permit term, the owner or operator shall submit a request to the applicable regulatory authority; and (iii) The owner or operator may submit a request to the applicable regulatory authority to implement emission averaging after the applicable compliance date. (6) Operation. [62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62416, Oct. 15, 2015] § 63.847 Compliance provisions. (a) Compliance dates. (1) Except as noted in paragraph (a)(2) of this section, the compliance date for an owner or operator of an existing plant or source subject to the provisions of this subpart is October 7, 1999. (2) The compliance dates for existing plants and sources are: (i) October 15, 2015 for the malfunction provisions of § 63.850(d)(2) and (e)(4)(xvi) and (xvii) and the electronic reporting provisions of § 63.850(b), (c) and (f) which became effective October 15, 2015. (ii) October 17, 2016 for potline work practice standards in § 63.854 and COS emission limit provisions of § 63.843(e); for anode bake furnace startup practices in § 63.847(l) and PM emission limits in § 63.843(c)(3); for Soderberg potline PM and PCB emission limits in § 63.843(a)(3)(v) and (a)(6); and for paste production plant startup practices in § 63.847(m) and PM emission limits in § 63.843(b)(4) which became effective October 15, 2015. (iii) October 16, 2017 for prebake potline POM emission limits in § 63.843(a)(2)(iv) through (vii); for Soderberg potline POM, As and Ni emission limits in §§ 63.843(a)(2)(iii), (a)(4) and (5); for prebake potline PM emission limits in § 63.843(a)(3); for anode bake furnace Hg emission limits in § 63.843(c)(4); and for the pitch storage tank POM limit provisions of § 63.843(d) which became effective October 15, 2015. (3) [Reserved] (4) Upon startup, for an owner or operator of a new or reconstructed source. (5) Except as provided in paragraphs (a)(6) and (7) of this section, a new affected source is one for which construction or reconstruction commenced after September 26, 1996. (6) For the purposes of compliance with the emission standards for PM, a new affected potline, anode bake furnace or paste production plant is one for which construction or reconstruction commenced after December 8, 2014. (7) For the purposes of compliance with the emission standards for POM and COS, a new affected prebake potline is one for which construction or reconstruction commenced after December 8, 2014. (8) For the purposes of compliance with the emission standards for As, Ni and POM, a new affected Soderberg potline is one for which construction or reconstruction commenced after December 8, 2014. (9) For the purposes of compliance with the emission standards for Hg, a new affected anode bake furnace is one for which construction or reconstruction commenced after December 8, 2014. (b) Test plan. (1) Procedures to ensure a minimum of three runs are performed annually for the primary control system for each source; (2) For a source with a single control device exhausted through multiple stacks, procedures to ensure that at least three runs are performed annually by a representative sample of the stacks satisfactory to the applicable regulatory authority; (3) For multiple control devices on a single source, procedures to ensure that at least one run is performed annually for each control device by a representative sample of the stacks satisfactory to the applicable regulatory authority; (4) Procedures for sampling single stacks associated with multiple anode bake furnaces; (5) For plants with roof scrubbers, procedures for rotating sampling among the scrubbers or other procedures to obtain representative samples as approved by the applicable regulatory authority; (6) [Reserved] (7) For a SWPB potline, procedures to ensure that the average of the sampling results for two fans (or two scrubbers) per potline is used for each run; and (8) Procedures for establishing the frequency of testing to ensure that at least one run is performed before the 15th of the month, at least one run is performed after the 15th of the month, and that there are at least 6 days between two of the runs during the month, or that secondary emissions are measured according to an alternate schedule satisfactory to the applicable regulatory authority. (c) Following approval of the site-specific test plan, the owner or operator must conduct a performance test to demonstrate initial compliance according to the procedures in paragraph (d) of this section. If a performance test has been conducted on the primary control system for potlines, the anode bake furnace, the paste production plant, or (if applicable) the pitch storage tank control device within the 12 months prior to the compliance date, the results of that performance test may be used to demonstrate initial compliance. The owner or operator must conduct the performance test: (1) During the first month following the compliance date for an existing potline (or potroom group), anode bake furnace, paste production plant or pitch storage tank. (2) By the date determined according to the requirements in paragraph (c)(2)(i), (ii), (iii), or (iv) of this section for a new or reconstructed potline, anode bake furnace, or pitch storage tank (for which the owner or operator elects to conduct an initial performance test): (i) By the 180th day following startup for a potline or potroom group. The 180-day period starts when the first pot in a potline or potroom group is energized. (ii) By the 45th day from the start of the second anode bake cycle (but no later than the 180th day from the startup of the anode bake furnace). (iii) By the 30th day following startup for a pitch storage tank. The 30-day period starts when the tank is first used to store pitch. (iv) By the 30th day following startup of a paste production plant. The 30-day period starts when the paste production plant produces green anodes. (3) By the date determined according to the requirements in paragraph (c)(3)(i), (ii), (iii) or (iv) of this section for an existing potline, anode bake furnace, paste production plant, or pitch storage tank that was shut down at the time compliance would have otherwise been required and is subsequently restarted: (i) By the 180th day following startup for a potline or potroom group. The 180-day period starts when the first pot in a potline or potroom group is energized. (ii) By the 45th day from the start of the second anode bake cycle (but no later than the 180th day from the startup of the anode bake furnace). (iii) By the 30th day following startup of a paste production plant. The 30-day period starts when the paste production plant produces green anodes. (iv) By the 30th day following startup for a pitch storage tank. The 30-day period starts when the tank is first used to store pitch. (d) Performance test requirements. (1) TF, POM and PM emissions from potlines. (2) [Reserved] (3) Previous control device tests. (4) TF, POM, PM and Hg emissions from anode bake furnaces. (5) Nickel emissions from VSS2 Potlines and new Soderberg potlines. (ii) Compliance is demonstrated when the emissions of nickel are equal to or less than the applicable emission limit in § 63.843(a)(4) or § 63.844(a)(4). (6) Arsenic emissions from VSS2 Potlines and from new Soderberg potlines. (ii) Compliance is demonstrated when the emissions of arsenic are equal to or less than the applicable emission limit in § 63.843(a)(5) or § 63.844(a)(5). (7) PCB emissions from VSS2 Potlines and from new Soderberg potlines. (ii) Compliance is demonstrated when the emissions of PCB are equal to or less than the applicable emission limit in § 63.843(a)(6) or § 63.844(a)(6). (e) The owner or operator shall determine compliance with the applicable TF, POM, PM, nickel, arsenic or PCB emission limits using the following equations and procedures: (1) Compute the emission rate (E p Where: E p C s1 Q sd C s2 P = aluminum production rate, Mg/hr (ton/hr); K = conversion factor, 10 6 1 2 (2) [Reserved] (3) Compute the emission rate (E b Where: E b C s Q sd P b K = conversion factor, 10 6 (4) Compliance with the anode bake furnace Hg emission standard is demonstrated if the Hg concentration of the exhaust from the anode bake furnace control device is equal to or less than the applicable concentration standard in § 63.843(c)(4) or § 63.844(c)(4). (5) Determine the weight of the aluminum tapped from the potline and the weight of the green anode material placed in the anode bake furnace using the monitoring devices required in § 63.848(j). (6) Determine the aluminum production rate (P) by dividing the number of hours in the calendar month into the weight of aluminum tapped from the potline during the calendar month that includes the three runs of a performance test. (7) Determine the rate of green anode material introduced into the furnace by dividing the number of operating hours in the calendar month into the weight of green anode material used during the calendar month in which the performance test was conducted. (8) Compute the emission rate (E PMpp Where: E PMpp C s Q sd P b K = conversion factor, 10 6 (f) Paste production plants. (2) For each paste production plant, the owner or operator shall measure and record the emission rate of PM exiting the exhaust stacks(s) of the primary emission control system. Using the equation in paragraph (e)(8) of this section, the owner or operator shall compute and record the average of at least three runs each year to determine compliance with the applicable emission limits for PM. Compliance with the PM standards for existing and new paste production plants is demonstrated when the PM emission rates are less than or equal to the applicable PM emission limits in §§ 63.843(b)(4) and 63.844(b)(2). (g) Pitch storage tanks. (1) A description of the parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed; and (2) Where a design evaluation is performed, documentation demonstrating that the control device used achieves the required control efficiency during reasonably expected maximum filling rate. The documentation shall include a description of the gas stream that enters the control device, including flow and POM content under varying liquid level conditions, and the information specified in paragraphs (g)(2)(i) through (g)(2)(vi) of this section, as applicable. (i) If the control device receives vapors, gases, or liquids, other than fuels, from emission points other than pitch storage tanks, the efficiency demonstration is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device; (ii) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 degrees C (1,400 degrees F) is used to meet the emission reduction requirement specified in § 63.843(d) and § 63.844(d), documentation that those conditions exist is sufficient to meet the requirements of § 63.843(d) and § 63.844(d); (iii) Except as provided in paragraph (g)(2)(ii) of this section, for thermal incinerators, the design evaluation shall include the autoignition temperature of the organic HAP, the flow rate of the organic HAP emission stream, the combustion temperature, and the residence time at the combustion temperature; (iv) If the pitch storage tank is vented to the emission control system installed for control of emissions from the paste production plant pursuant to § 63.843(b) or § 63.844(b)(1), documentation of compliance with the requirements of § 63.843(b) is sufficient to meet the requirements of § 63.843(d) or § 63.844(d); (v) For carbon adsorbers, the design evaluation shall include the affinity of the organic vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity of the feed gases, the temperature of the feed gases, the flow rate of the organic HAP emission stream, and if applicable, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, the pressure drop shall be included; and (vi) For condensers, the design evaluation shall include the final temperature of the organic HAP vapors, the type of condenser, and the design flow rate of the organic HAP emission stream. (3) If a performance test is conducted, the owner or operator shall determine the control efficiency for POM during tank loading using Method 315 in appendix A to this part. The owner or operator shall include the following information: (i) Identification of the pitch storage tank and control device for which the performance test will be submitted; and (ii) Identification of the emission point(s) that share the control device with the pitch storage tank and for which the performance test will be conducted. (h) Selection of monitoring parameters. (1) For potlines and anode bake furnaces, the owner or operator shall determine upper and/or lower operating limits, as appropriate, for each monitoring device for the emission control system from the values recorded during each of the runs performed during the initial performance test and from historical data from previous performance tests conducted by the methods specified in this subpart. (2) For a paste production plant, the owner or operator shall specify and provide the basis or rationale for selecting parameters to be monitored and the associated operating limits for the emission control device. (3) The owner or operator may redetermine the upper and/or lower operating limits, as appropriate, based on historical data or other information and submit an application to the applicable regulatory authority to change the applicable limit(s). The redetermined limits shall become effective upon approval by the applicable regulatory authority. (i) [Reserved] (j) Carbonyl sulfide (COS) emissions. Where: E COS K = factor accounting for molecular weights and conversion of sulfur to carbonyl sulfide = 234; Y = the mass of anode consumed in the potline during the calendar month, tons; Z = the mass of aluminum produced by the potline during the calendar month, tons; and S = the weighted average fraction of sulfur in the anode coke consumed in the production of aluminum during the calendar month (e.g., if the weighted average sulfur content of the anode coke consumed during the calendar month was 2.5 percent, then S = 0.025). The weight of anode coke used during the calendar month of each different concentration of sulfur is used to calculate the overall weighted average fraction of sulfur. Compliance is demonstrated if the calculated value of E COS (k) Startup of potlines. (l) Startup of anode bake furnaces. (1) A requirement to develop an anode bake furnace startup schedule. (2) Records of time, date, duration of anode bake furnace startup and any nonroutine actions taken during startup of the furnaces. (3) A requirement that the associated emission control system be operating within normal parametric limits prior to startup of the anode bake furnace. (4) A requirement to take immediate actions to stop the startup process as soon as practicable and continue to comply with § 63.843(f) or § 63.844(f) if the associated emission control system is off line at any time during startup. The anode bake furnace restart may resume once the associated emission control system is back on line and operating within normal parametric limits. (m) Startup of paste production plants. (1) Records of time, date, duration of paste production plant startup and any nonroutine actions taken during startup of the paste production plants. (2) A requirement that the associated emission control system be operating within normal parametric limits prior to startup of the paste production plant. (3) A requirement to take immediate actions to stop the startup process as soon as practicable and continue to comply with § 63.843(f) or § 63.844(f) if the associated emission control system is off line at any time during startup. The paste production plant restart may resume once the associated emission control system is back on line and operating within normal parametric limits. [62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66284, Nov. 2, 2005; 80 FR 62417, Oct. 15, 2015] § 63.848 Emission monitoring requirements. (a) TF and PM emissions from potlines. (b) POM emissions from potlines. (c) TF, PM, Hg and POM emissions from anode bake furnaces. (d) Similar potlines. (1) To demonstrate (to the satisfaction of the regulatory authority) that the level of emission control performance is the same or better, the owner or operator shall perform an emission test using an alternative monitoring procedure for the similar potline simultaneously with an emission test using the applicable test methods. The results of the emission test using the applicable test methods must be in compliance with the applicable emission limit for existing or new potlines in § 63.843 or § 63.844. An alternative method: (i) For TF emissions, must account for or include gaseous fluoride and cannot be based on measurement of particulate matter or particulate fluoride alone; and (ii) For TF, POM and PM emissions, must meet or exceed Method 14 criteria. (2) An HF continuous emission monitoring system is an approved alternative for the monitoring of TF secondary emissions. (3) An owner or operator electing to use an alternative monitoring procedure shall establish an alternative emission limit based on at least nine simultaneous runs using the applicable test methods and the alternative monitoring method. All runs must represent a full process cycle. (4) The owner or operator shall derive an alternative emission limit for the HF continuous emission monitor or an alternative method using either of the following procedures: (i) Use the highest value from the alternative method associated with a simultaneous run by the applicable test method that does not exceed the applicable emission limit; or (ii) Correlate the results of the two methods (the applicable test method results and the alternative monitoring method results) and establish an emission limit for the alternative monitoring system that corresponds to the applicable emission limit. (5) The owner or operator shall submit the results required in paragraph (d)(4) of this section and all supporting documentation to the applicable regulatory authority for review and approval. (6) The regulatory authority shall review and approve or disapprove the request for an alternative method and alternative emission limit. The criterion for approval shall be a demonstration (to the satisfaction of the regulatory authority) that the alternative method and alternative emission limit achieve a level of emission control that is the same as or better than the level that would have otherwise been achieved by the applicable method and emission limit. (7) If the alternative method is approved by the applicable regulatory authority, the owner or operator must perform semiannual emission monitoring using the approved alternative monitoring procedure to demonstrate compliance with the alternative emission limit for each similar potline. (e) [Reserved] (f) Monitoring parameters for emission control devices. (1) For dry alumina scrubbers, devices for the measurement of alumina flow and air flow; (2) For dry coke scrubbers, devices for the measurement of coke flow and air flow; (3) For wet scrubbers as the primary control system, devices for the measurement of water flow and air flow; (4) For electrostatic precipitators, devices for the measurement of voltage and secondary current; and (5) For wet roof scrubbers for secondary emission control: (i) A device for the measurement of total water flow; and (ii) The owner or operator shall inspect each control device at least once each operating day to ensure the control device is operating properly and record the results of each inspection. (6) For emission sources control device exhaust streams for which the owner or operator chooses to demonstrate continuous compliance through bag leak detection systems you must install and operate a bag leak detection system according to the requirements in paragraph (o) of this section, and you must set your operating limit such that the sum of the durations of bag leak detection system alarms does not exceed 5 percent of the process operating time during a 6-month period. (7) For emission sources control device exhaust streams for which the owner or operator chooses to demonstrate continuous compliance through a PM CEMS, you must install and operate a PM CEMS according to the requirements in paragraph (p) of this section. You must determine continuous compliance averaged on a rolling 30 operating day basis, updated at the end of each new operating day. All valid hours of data from 30 successive operating days shall be included in the arithmetic average. Compliance is demonstrated when the 30 operating day PM emissions are equal to or less than the applicable emission limits in § 63.843, § 63.844, or § 63.846. (g) The owner or operator of a new or reconstructed affected source that is subject to a PM limit shall comply with the requirements of either paragraph (f)(6) or (7) of this section. The owner or operator of an existing affected source that is equipped with a control device and is subject to a PM limit shall: (1) Install and operate a bag leak detection system in accordance with paragraph (f)(6) of this section; or (2) Install and operate a PM CEMS in accordance with paragraph (f)(7) of this section; or (3) Visually inspect the exhaust stack(s) of each fabric filter using Method 22 on a twice daily basis (at least 4 hours apart) for evidence of any visible emissions indicating abnormal operations and, must initiate corrective actions within 1 hour of a visible emissions inspection that indicates abnormal operation. Corrective actions shall include, at a minimum, isolating, shutting down and conducting an internal inspection of the baghouse compartment that is the source of the visible emissions that indicate abnormal operations. (h) Corrective action. (i) Exceedances. (j) Weight of aluminum and green anodes. (k) Accuracy and calibration. (l) Alternative operating parameters. (m) Other control systems. (n) PM emissions from paste production plants. (o) Bag leak detection system. (1) You must develop and implement written procedures for control device maintenance that include, at a minimum, a preventative maintenance schedule that is consistent with the control device manufacturer's instructions for routine and long-term maintenance. (2) Each bag leak detection system must meet the specifications and requirements in paragraphs (o)(2)(i) through (viii) of this section. (i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1.0 milligram per dry standard cubic meter (0.00044 grains per actual cubic foot) or less. (ii) The bag leak detection system sensor must provide output of relative PM loadings. (iii) The bag leak detection system must be equipped with an alarm system that will alarm when an increase in relative particulate loadings is detected over a preset level. (iv) You must install, calibrate, operate and maintain the bag leak detection system according to the manufacturer's written specifications and recommendations. (v) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device and establishing the alarm set points and the alarm delay time. (vi) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except in accordance with the procedures developed under paragraph (o)(1) of this section. You cannot increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365-day period unless such adjustment follows a complete PM control device inspection that demonstrates that the PM control device is in good operating condition. (vii) You must install the bag leak detector downstream of the PM control device. (viii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (3) You must include in the written procedures required by paragraph (o)(1) of this section a corrective action plan that specifies the procedures to be followed in the case of a bag leak detection system alarm. The corrective action plan must include, at a minimum, the procedures that you will use to determine and record the time and cause of the alarm as well as the corrective actions taken to minimize emissions as specified in paragraphs (o)(3)(i) and (ii) of this section. (i) The procedures used to determine the cause of the alarm must be initiated within 1 hour of the alarm. (ii) The cause of the alarm must be alleviated by taking the necessary corrective action(s) that may include, but not be limited to, those listed in paragraphs (o)(3)(ii)(A) through (F) of this section. (A) Inspecting the PM control device for air leaks, torn or broken filter elements, or any other malfunction that may cause an increase in emissions. (B) Sealing off defective bags or filter media. (C) Replacing defective bags or filter media, or otherwise repairing the control device. (D) Sealing off a defective baghouse compartment. (E) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (F) Shutting down the process producing the particulate emissions. (p) Particulate Matter CEMS. (1) You must conduct a performance evaluation of the PM CEMS according to the applicable requirements of § 60.13, and Performance Specification 11 at 40 CFR part 60, Appendix B of this chapter. (2) During each PM correlation testing run of the CEMS required by Performance Specification 11 at 40 CFR part 60, Appendix B of this chapter, collect data concurrently by both the CEMS and by conducting performance tests using Method 5, 5D or 5I at 40 CFR part 60, Appendix A-3. (3) Operate and maintain the CEMS in accordance with Procedure 2 at 40 CFR part 60, Appendix F of this chapter. Relative Response Audits must be performed annually and Response Correlation Audits must be performed every three years. [62 FR 52407, Oct. 7, 1997, as amended at 71 FR 20458, Apr. 20, 2006; 80 FR 62420, Oct. 15, 2015] § 63.849 Test methods and procedures. (a) The owner or operator shall use the following reference methods to determine compliance with the applicable emission limits for TF, POM, PM, Ni, As, Hg, PCB and conduct visible emissions observations: (1) Method 1 in appendix A to part 60 of this chapter for sample and velocity traverses; (2) Method 2 in appendix A to part 60 of this chapter for velocity and volumetric flow rate; (3) Method 3 in appendix A to part 60 of this chapter for gas analysis; (4) Method 13A or Method 13B in appendix A to part 60 of this chapter, or an approved alternative, for the concentration of TF where stack or duct emissions are sampled; (5) Method 13A or Method 13B and Method 14 or Method 14A in appendix A to part 60 of this chapter or an approved alternative method for the concentration of TF where emissions are sampled from roof monitors not employing wet roof scrubbers; (6) Method 315 in appendix A to this part or an approved alternative method for the concentration of POM where stack or duct emissions are sampled; (7) Method 315 in appendix A to this part and Method 14 or 14A in appendix A to part 60 of this chapter or an approved alternative method for the concentration of POM where emissions are sampled from roof monitors not employing wet roof scrubbers. Method 315 need not be set up as required in the method. Instead, when using Method 14A, replace the Method 14A monitor cassette filter with the filter specified by Method 315. Recover and analyze the filter according to Method 315. When using Method 14, test at ambient conditions, do not heat the filter and probe, and do not analyze the back half of the sampling train; (8) Method 5 in appendix A to part 60 of this chapter or an approved alternative method for the concentration of PM where stack or duct emissions are sampled; (9) Method 17 and Method 14 or Method 14A in appendix A to part 60 of this chapter or an approved alternative method for the concentration of PM where emissions are sampled from roof monitors not employing wet roof scrubbers. Method 17 need not be set up as required in the method. Instead, when using Method 14A, replace the Method 14A monitor cassette filter with the filter specified by Method 17. Recover and analyze the filter according to Method 17. When using Method 14, test at ambient conditions, do not heat the filter and probe, and do not analyze the back half of the sampling train; (10) Method 29 in appendix A to part 60 of this chapter or an approved alternative method for the concentration of mercury, nickel and arsenic where stack or duct emissions are sampled; (11) Method 29 and Method 14 or Method 14A in appendix A to part 60 of this chapter or an approved alternative method for the concentration of nickel and arsenic where emissions are sampled from roof monitors not employing wet roof scrubbers. Method 29 need not be set up as required in the method. Instead, replace the Method 14A monitor cassette filter with the filter specified by Method 29. Recover and analyze the filter according to Method 29. When using Method 14, test at ambient conditions, do not heat the filter and probe, and do not analyze the back half of the sampling train; (12) Method 22 in Appendix A to part 60 of this chapter or an approved alternative method for determination of visual emissions; (13) Method 23 of Appendix A-7 of 40 CFR part 60 for the measurement of Polychlorinated Biphenyls (PCBs) where stack or duct emissions are sampled; and (14) Method 23 of Appendix A-7 of 40 CFR part 60 and Method 14 or Method 14A in Appendix A to Part 60 of this chapter or an approved alternative method for the concentration of PCB where emissions are sampled from roof monitors not employing wet roof scrubbers. (b) The owner or operator of a VSS potline or a SWPB potline equipped with wet roof scrubbers for the control of secondary emissions shall use methods that meet the intent of the sampling requirements of Method 14 in appendix A to part 60 of this chapter and that are approved by the State. Sample analysis shall be performed using Method 13A or Method 13B in appendix A to part 60 of this chapter for TF, Method 315 in appendix A to this part for POM, or an approved alternative method. (c) Except as provided in § 63.845(g)(1), references to “potroom” or “potroom group” in Method 14 in appendix A to part 60 of this chapter shall be interpreted as “potline” for the purposes of this subpart. (d) For sampling using Method 14 in appendix A to part 60 of this chapter, the owner or operator shall install one Method 14 manifold per potline in a potroom that is representative of the entire potline, and this manifold shall meet the installation requirements specified in section 2.2.1 of Method 14 in appendix A to part 60 of this chapter. (e) The owner or operator may use an alternative test method for TF or POM emissions providing: (1) The owner or operator has already demonstrated the equivalency of the alternative method for a specific plant and has received previous approval from the Administrator or the applicable regulatory authority for TF or POM measurements using the alternative method; or (2) The owner or operator demonstrates to the satisfaction of the applicable regulatory authority that the results from the alternative method meet the criteria specified in §§ 63.848(d)(1) and (d)(3) through (d)(6). The results from the alternative method shall be based on simultaneous sampling using the alternative method and the following reference methods: (i) For TF, Methods 13 and 14 or Method 14A in appendix A to part 60 of this chapter; or (ii) For POM, Method 315 in appendix A to this part and Method 14 in appendix A to part 60 of this chapter. (f) The owner or operator must use either ASTM D4239-14e1 or ASTM D6376-10 (incorporated by reference; see § 63.14) for determination of the sulfur content in anode coke shipments to determine compliance with the applicable emission limit for COS emissions. [62 FR 52407, Oct. 7, 1997, as amended at 80 FR 62421, Oct. 15, 2015; 88 FR 16773, Mar. 20, 2023] § 63.850 Notification, reporting, and recordkeeping requirements. (a) Notifications. (1) Notification for an area source that subsequently increases its emissions such that the source is a major source subject to the standard; (2) Notification that a source is subject to the standard, where the initial startup is before the effective date of the standard; (3) Notification that a source is subject to the standard, where the source is new or has been reconstructed, the initial startup is after the effective date of the standard, and for which an application for approval of construction or reconstruction is not required; (4) Notification of intention to construct a new major source or reconstruct a major source; of the date construction or reconstruction commenced; of the anticipated date of startup; of the actual date of startup, where the initial startup of a new or reconstructed source occurs after the effective date of the standard, and for which an application for approval of construction or reconstruction is required [see §§ 63.9(b)(4) and (b)(5)]; (5) Notification of initial performance test; (6) Notification of initial compliance status; (7) One-time notification for each affected source of the intent to use an HF continuous emission monitor; (8) Notification of compliance approach. (9) One-time notification of startup of an existing potline or potroom group, anode bake furnace, or paste production plant that was shut down for a long period and subsequently restarted. The owner or operator must provide written notice to the Administrator at least 30 days before the startup. (b) Performance test reports (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html https://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (3) For data collected which requires summation of results from both ERT and non-ERT supported test methods in order to demonstrate compliance with an emission limit, you must submit the results of the performance test(s) used to demonstrate compliance with that emission limit to the Administrator at the appropriate address listed in § 63.13. (c) Performance evaluation reports (1) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit performance evaluation data in an electronic file format consistent with the XML schema listed on the EPA's ERT Web site once the XML schema is available. If you claim that some of the performance evaluation information being transmitted is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. (2) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. (d) Reporting (1) Excess emissions report. As required by § 63.10(e)(3), the owner or operator must submit a report (or a summary report) if measured emissions are in excess of the applicable standard. The report must contain the information specified in § 63.10(e)(3)(v) and be submitted semiannually unless quarterly reports are required as a result of excess emissions. (2) If there was a malfunction during the reporting period, the owner or operator must submit a report that includes the number, duration and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with §§ 63.843(f) and 63.844(f), including actions taken to correct a malfunction. (e) Recordkeeping. (1) The owner or operator must retain each record for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. The most recent 2 years of records must be retained at the facility. The remaining 3 years of records may be retained offsite; (2) The owner or operator may retain records on microfilm, on a computer, on computer disks, on magnetic tape, or on microfiche; (3) The owner or operator may report required information on paper or on a labeled computer disc using commonly available and compatible computer software; and (4) In addition to the general records required by § 63.10(b), the owner or operator shall maintain records of the following information: (i) Daily production rate of aluminum; (ii) Daily production rate of green anode material placed in the anode bake furnace; (iii) [Reserved] (iv) Records of design information for paste production plant capture systems; (v) Records of design information for an alternative emission control device for a paste production plant; (vi) Records supporting the monitoring of similar potlines demonstrating that the performance of similar potlines is the same as or better than that of potlines sampled by manual methods; (vii) Records supporting a request for reduced sampling of potlines; (viii) Records supporting the correlation of emissions measured by a continuous emission monitoring system to emissions measured by manual methods and the derivation of the alternative emission limit derived from the measurements; (ix) The current implementation plan for emission averaging and any subsequent amendments; (x) Records, such as a checklist or the equivalent, demonstrating that the daily inspection of a potline with wet roof scrubbers for secondary emission control has been performed as required in § 63.848(f)(5)(ii), including the results of each inspection; (xi) Records, such as a checklist or the equivalent, demonstrating that the daily visual inspection of the exhaust stack for each control device has been performed as required in § 63.848(g), including the results of each inspection; (xii) For a potline equipped with an HF continuous emission monitor, records of information and data required by § 63.10(c); (xiii) Records documenting the corrective actions taken when the limit(s) for an operating parameter established under § 63.847(h) were exceeded, when visible emissions indicating abnormal operation were observed from a control device stack during a daily inspection required under § 63.848(g), or when a problem was detected during the daily inspection of a wet roof scrubber for potline secondary control required in § 63.848(f)(5)(ii); (xiv) Records documenting any POM data that are invalidated due to the installation and startup of a cathode; (xv) Records documenting the portion of TF that is measured as particulate matter and the portion that is measured as gaseous when the particulate and gaseous fractions are quantified separately using an approved test method; (xvi) Records of the occurrence and duration of each malfunction of operation ( i.e. (xvii) Records of actions taken during periods of malfunction to minimize emissions in accordance with §§ 63.843(f) and 63.844(f), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (f) All reports required by this subpart not subject to the requirements in paragraph (b) or (c) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (b) of this section in paper format. [62 FR 52407, Oct. 7, 1997, as amended at 70 FR 66285, Nov. 2, 2005; 71 FR 20458, Apr. 20, 2006; 80 FR 62421, Oct. 15, 2015] § 63.851 Regulatory authority review procedures. (a) The applicable regulatory authority shall notify the owner or operator in writing of the need for additional time to review the submissions in paragraphs (a)(1) through (a)(5) of this section or of approval or intent to deny approval of the submissions in paragraphs (a)(1) through (a)(5) of this section within 60 calendar days after receipt of sufficient information to evaluate the submission. The 60-day period begins after the owner or operator has been notified that the submission is complete. (1) The test plan in § 63.847(b); (2) Request to change limits for operating parameters in § 63.847(h)(3); (3) Request for similar potline monitoring in § 63.848(d)(5); (4) Request for reduced sampling frequency in § 63.848(e); and (5) Request for an alternative method in § 63.849(e)(2). (b) The applicable regulatory authority shall notify the owner or operator in writing whether the submission is complete within 30 calendar days of receipt of the original submission or within 30 days of receipt of any supplementary information that is submitted. When a submission is incomplete, the applicable regulatory authority shall specify the information needed to complete the submission and shall give the owner or operator 30 calendar days after receipt of the notification to provide the information. § 63.852 Applicability of general provisions. The requirements of the general provisions in subpart A of this part that are not applicable to the owner or operator subject to the requirements of this subpart are shown in appendix A of this subpart. § 63.853 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this regulation. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.840, 63.843 (with the exception of 63.843(b)(3)), 63.844, 63.845(a) introductory text, (a)(1), (b) through (e), (h), 63.846(a) through (c), and 63.847(a)(1) and (4). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37354, June 23, 2003] § 63.854 Work practice standards for potlines. (a) Periods of operation other than startup. (1) Ensure the potline scrubbers and exhaust fans are operational at all times. (2) Ensure that the primary capture and control system is operating at all times. (3) Hood covers should be replaced as soon as possible after each potroom operation. (4) Inspect potlines daily and perform the work practices specified in paragraphs (a)(4)(i) through (iii) of this section. (i) Identify unstable pots as soon as practicable but in no case more than 12 hours from the time the pot became unstable; (ii) Reduce cell temperatures to as low as practicable, and follow the written operating plan described in paragraph (b)(4) of this section if the cell temperature exceeds the specified high temperature limit; and (iii) Reseal pot crusts that have been broken as often and as soon as practicable. (5) Ensure that hood covers fit properly and are in good condition. (6) If the exhaust system is equipped with an adjustable damper system, the hood exhaust rate for individual pots must be increased whenever hood covers are removed from a pot, provided that the exhaust system will not be overloaded by placing too many pots on high exhaust. (7) Dust entrainment must be minimized during material handling operations and sweeping of the working aisles. (8) Only tapping crucibles with functional aspirator air return systems (for returning gases under the collection hooding) can be used, unless the regulatory authority approves an alternative tapping crucible. (b) Periods of startup. (1) Develop a potline startup schedule before starting up the potline. (2) Keep records of the number of pots started each day. (3) Inspect potlines daily and adjust pot parameters to their optimum levels, as specified in the operating plan described in paragraph (b)(4) of this section, including, but not limited to: alumina addition rate, exhaust air flow rate, cell voltage, feeding level, anode current and liquid and solid bath levels. (4) Prepare a written operating plan to minimize emissions during startup to include, but not limited to, the requirements in (b)(1) through (3) of this section. The operating plan must include a specified high temperature limit for pots that will trigger corrective action. [80 FR 62423, Oct. 15, 2015] § 63.855 Alternative emissions limits for co-controlled new and existing anode bake furnaces. (a) Applicability. (1) The new anode bake furnace must have been permitted to operate prior to May 1, 1998; and (2) The new anode bake furnace must share a common control device with one or more existing anode bake furnaces. (b) TF emission limit. Where: L TFC L TFE P E P N (2) The owner or operator of a new anode bake furnace that is controlled by a control device that also controls emissions of TF from one or more existing anode bake furnaces must not discharge, or cause to be discharged into the atmosphere, any emissions of TF in excess of the emission limits established in paragraph (b)(1) of this section. (c) POM emission limits. Where: L POMC (2) The owner or operator of a new anode bake furnace that is controlled by a control device that also controls emissions of POM from one or more existing anode bake furnaces must not discharge, or cause to be discharged into the atmosphere, any emissions of TF in excess of the emission limits established in paragraph (c)(1) of this section. [80 FR 62423, Oct. 15, 2015] §§ 63.856-63.859 [Reserved] Table 1 to Subpart LL of Part 63—Potline TF Limits for Emission Averaging Type Semiannual TF limit (lb/ton) [for given number of potlines] 2 lines 3 lines 4 lines 5 lines 6 lines 7 lines 8 lines CWPB1 1.7 1.6 1.5 1.5 1.4 1.4 1.4 CWPB2 2.9 2.8 2.7 2.7 2.6 2.6 2.6 CWPB3 2.3 2.2 2.2 2.1 2.1 2.1 2.1 SWPB 1.4 1.3 1.3 1.2 1.2 1.2 1.2 VSS2 2.6 2.5 2.5 2.4 2.4 2.4 2.4 [80 FR 62424, Oct. 15, 2015 Table 2 to Subpart LL of Part 63—Potline POM Limits for Emission Averaging Type Semiannual POM limit (lb/ton) [for given number of potlines] 2 lines 3 lines 4 lines 5 lines 6 lines 7 lines 8 lines CWPB1 1 0.9 0.9 0.9 0.8 0.8 0.8 CWPB2 11.6 11.2 10.8 10.8 10.4 10.4 10.4 CWPB3 2.5 2.4 2.4 2.3 2.3 2.3 2.3 SWPB 14.8 13.8 13.8 13.8 13.8 13.8 13.8 VSS2 1.7 1.6 1.5 1.5 1.4 1.4 1.4 [80 FR 62424, Oct. 15, 2015] Table 3 to Subpart LL of Part 63—Potline PM Limits for Emission Averaging Type Semiannual PM limit (lb/ton) [for given number of potlines] 2 lines 3 lines 4 lines 5 lines 6 lines 7 lines 8 lines CWPB1 6.1 6.1 5.3 5.3 5.0 5.0 5.0 CWPB2 10.6 10.3 9.9 9.9 9.5 9.5 9.5 CWPB3 18.4 17.6 17.6 16.8 16.8 16.8 16.8 SWPB 4.3 3.9 3.9 3.7 3.7 3.7 3.7 VSS2 25 24.1 24.1 23.1 23.1 23.1 23.1 [80 FR 62425, Oct. 15, 2015] Table 4 to Subpart LL of Part 63—Anode Bake Furnace Limits for Emission Averaging Number of furnaces Emission limit (lb/ton of anode) TF POM PM 2 0.11 0.17 0.11 3 0.09 0.17 0.091 4 0.077 0.17 0.076 5 0.07 0.17 0.071 [80 FR 62424, Oct. 15, 2015] Appendix A to Subpart LL of Part 63—Applicability of General Provisions Reference section(s) Requirement Applies to subpart LL Comment 63.1(a)(1) through (4) General Applicability Yes 63.1(a)(5) No [Reserved]. 63.1(a)(6) Yes 63.1(a)(7) through (9) No [Reserved]. 63.1(a)(10) through (12) Yes 63.1(b)(1) through (3) Initial Applicability Determination Yes (b)(2) Reserved. 63.1(c)(1) Applicability after standard Established Yes 63.1(c)(2) Yes Area sources are not subject to this subpart. 63.1(c)(3) and (4) No [Reserved]. 63.1(c)(5) Yes 63.1(c)(6) Reclassification Yes 63.1(d) No [Reserved]. 63.1(e) Applicability of Permit Program Yes 63.2 Definitions Yes Reconstruction defined in § 63.842. 63.3 Units and Abbreviations Yes 63.4(a)(1) and (2) Prohibited activities Yes 63.4(a)(3) through (5) No [Reserved]. 63.4(b) and (c) Circumvention/Severability Yes 63.5(a) Construction/Reconstruction Applicability Yes 63.5(b)(1) Existing, New, Reconstructed Sources Requirements Yes 63.5(b)(2) No [Reserved]. 63.5(b)(3) and (4) Yes 63.5(b)(5) No [Reserved]. 63.5(b)(6) Yes 63.5(c) No [Reserved]. 63.5(d) Application for Approval of Construction/Reconstruction Yes 63.5(e) Approval of Construction/Reconstruction Yes 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes 63.6(a) Compliance with Standards and Maintenance Applicability Yes 63.6(b)(1) through (5) New and Reconstructed Source Dates Yes See § 847(a)(6) and (7). 63.6(b)(6) No [Reserved]. 63.6(b)(7) Yes 63.6(c)(1) Existing Source Dates No See § 847(a). 63.6(c)(2) Yes 63.6(c)(3) and (4) No [Reserved]. 63.6(c)(5) Yes 63.6(d) No [Reserved]. 63.6(e)(1)(i) No See §§ 63.843(f) and 63.844(f) for general duty requirement. 63.6(e)(1)(ii) No 63.6(e)(1)(iii) Yes 63.6(e)(2) No [Reserved]. 63.6(e)(3) Startup, Shutdown and Malfunction Plan No 63.6(f)(1) Compliance with Emissions Standards No 63.6(f)(2) Methods/Finding of Compliance Yes 63.6(g) Alternative Standard Yes 63.6(h) Compliance with Opacity/VE Standards Only in § 63.845 Opacity standards applicable only when incorporating the NSPS requirements under § 63.845. 63.6(i)(1) through (14) Extension of Compliance Yes 63.6(i)(15) No [Reserved]. 63.6(i)(16) Yes 63.6(j) Exemption from Compliance Yes 63.7(a) Performance Test Requirements Applicability Yes 63.7(b) Notification Yes 63.7(c) Quality Assurance/Test Plan Yes 63.7(d) Testing facilities Yes 63.7(e)(1) Conduct of Tests No See § 63.847(d). 63.7(e)(2) through (4) Yes 63.7(f), (g), (h) Alternative Test Method Yes 63.8(a)(1) and (2) Monitoring Requirements Applicability Yes 63.8(a)(3) No [Reserved]. 63.8(b) Conduct of Monitoring Yes 63.8(c)(1)(i) No See §§ 63.843(f) and 63.844(f) for general duty requirement. 63.8(c)(1)(ii) Yes 63.8(c)(1)(iii) No 63.8(c)(2) through (d)(2) Yes 63.8(d)(3) Yes, except for last sentence 63.8(e) through (g) Yes 63.9(a) Notification Requirements Applicability Yes 63.9(b) Initial Notifications Yes Notification of re-start specified in § 63.850(a)(9). 63.9(c) Request for Compliance Extension Yes 63.9(d) New Source Notification for Special Compliance Requirements Yes 63.9(e) Notification of Performance Test No 63.9(f) Notification of VE/Opacity Test No 63.9(g) Additional CMS Notifications No 63.9(h)(1) through (3) Notification of Compliance Status Yes 63.9(h)(4) No [Reserved]. 63.9(h)(5) and (6) Yes 63.9(i) Adjustment of Deadlines Yes 63.9(j) Change in Previous Information Yes 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). 63.10(a) Recordkeeping/Reporting Applicability Yes 63.10(b)(1) General Recordkeeping Requirements Yes 63.10(b)(2)(i) No 63.10(b)(2)(ii) No See §§ 63.850(e)(4)(xvi) and (xvii) for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction. 63.10(b)(2)(iii) Yes 63.10(b)(2)(iv) and (v) No 63.10(b)(2)(vi) through (xiv) Yes 63.(10)(b)(3) Yes 63.10(c)(1) through (9) Yes 63.10(c)(10) and (11) No See §§ 63.850(e)(4)(xvi) and (xvii) for recordkeeping of malfunctions. 63.10(c)(12) through (14) Yes 63.10(c)(15) No 63.10(d)(1) General Reporting Requirements Yes 63.10(d)(2) No See § 63.850(b). 63.10(d)(3) and (4) Yes 63.10(d)(5) Startup-Shutdown and Malfunction Reports No See § 63.850(d)(2) for reporting of malfunctions. 63.10(e) and (f) Additional CMS Reports and Recordkeeping/Reporting Waiver Yes 63.11 Control Device/work practices requirements Applicability No 63.12 State Authority and Delegations Yes 63.13 Addresses Yes 63.14 Incorporation by Reference Yes 63.15 Information Availability/Confidentiality Yes 63.16 Performance Track Provisions No [80 FR 62425, Oct. 15, 2015, as amended at 85 FR 73896, Nov. 19, 2020] Subpart MM—National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills Source: 66 FR 3193, Jan. 12, 2001, unless otherwise noted. § 63.860 Applicability and designation of affected source. (a) The requirements of this subpart apply to the owner or operator of each kraft, soda, sulfite, or stand-alone semichemical pulp mill that is a major source of hazardous air pollutants (HAP) emissions as defined in § 63.2. (b) Affected sources. (1) Each existing chemical recovery system (as defined in § 63.861) located at a kraft or soda pulp mill. (2) Each new nondirect contact evaporator (NDCE) recovery furnace and associated smelt dissolving tank(s) located at a kraft or soda pulp mill. (3) Each new direct contact evaporator (DCE) recovery furnace system (as defined in § 63.861) and associated smelt dissolving tank(s) located at a kraft or soda pulp mill. (4) Each new lime kiln located at a kraft or soda pulp mill. (5) Each new or existing sulfite combustion unit located at a sulfite pulp mill, except such existing units at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. AP-10). (6) Each new or existing semichemical combustion unit located at a stand-alone semichemical pulp mill. (7) The requirements of the alternative standard in § 63.862(d) apply to the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14). (c) The requirements of the General Provisions in subpart A of this part that apply to the owner or operator subject to the requirements of this subpart are identified in Table 1 to this subpart. (d) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003; 82 FR 47347, Oct. 11, 2017] § 63.861 Definitions. All terms used in this subpart are defined in the Clean Air Act, in subpart A of this part, or in this section. For the purposes of this subpart, if the same term is defined in subpart A or any other subpart of this part and in this section, it must have the meaning given in this section. Bag leak detection system Black liquor Black liquor oxidation (BLO) system Black liquor solids (BLS) Black liquor solids firing rate Chemical recovery combustion source Chemical recovery system Direct contact evaporator (DCE) recovery furnace Direct contact evaporator (DCE) recovery furnace system Dry electrostatic precipitator (ESP) system i.e., i.e., Fabric filter Hazardous air pollutants (HAP) metals Hog fuel dryer Kraft pulp mill Kraft recovery furnace Lime kiln e.g., Lime production rate Method detection limit Modification 1 Nondetect data Nondirect contact evaporator (NDCE) recovery furnace No-load fan amperage Particulate matter (PM) Process unit Recovery furnace Regenerative thermal oxidizer (RTO) Semichemical combustion unit Similar process units Smelt dissolving tank (SDT) Soda pulp mill Soda recovery furnace Stand-alone semichemical pulp mill Sulfite combustion unit Sulfite pulp mill Total hydrocarbons (THC) [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 FR 7713, Feb. 18, 2003; 82 FR 47347, Oct. 11, 2017; 85 FR 70493, Nov. 5, 2020] § 63.862 Standards. (a) Standards for HAP metals: existing sources. (i) Each owner or operator of a kraft or soda pulp mill must comply with the PM emissions limits in paragraphs (a)(1)(i)(A) through (C) of this section. (A) The owner or operator of each existing kraft or soda recovery furnace must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.10 gram per dry standard cubic meter (g/dscm) (0.044 grain per dry standard cubic foot (gr/dscf)) corrected to 8 percent oxygen. (B) The owner or operator of each existing kraft or soda smelt dissolving tank must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.10 kilogram per megagram (kg/Mg) (0.20 pound per ton (lb/ton)) of black liquor solids fired. (C) The owner or operator of each existing kraft or soda lime kiln must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.15 g/dscm (0.064 gr/dscf) corrected to 10 percent oxygen. (ii) As an alternative to meeting the requirements of § 63.862(a)(1)(i), each owner or operator of a kraft or soda pulp mill may establish PM emissions limits for each existing kraft or soda recovery furnace, smelt dissolving tank, and lime kiln that operates 6,300 hours per year or more by: (A) Establishing an overall PM emission limit for each existing process unit in the chemical recovery system at the kraft or soda pulp mill using the methods in § 63.865(a)(1) and (2). (B) The emissions limits for each kraft recovery furnace, smelt dissolving tank, and lime kiln that are used to establish the overall PM limit in paragraph (a)(1)(ii)(A) of this section must not be less stringent than the emissions limitations required by § 60.282 of part 60 of this chapter for any kraft recovery furnace, smelt dissolving tank, or lime kiln that is subject to the requirements of § 60.282. (C) Each owner or operator of an existing kraft or soda recovery furnace, smelt dissolving tank, or lime kiln must ensure that the PM emissions discharged to the atmosphere from each of these sources are less than or equal to the applicable PM emissions limits, established using the methods in § 63.865(a)(1), that are used to establish the overall PM emissions limits in paragraph (a)(1)(ii)(A) of this section. (D) Each owner or operator of an existing kraft or soda recovery furnace, smelt dissolving tank, or lime kiln must reestablish the emissions limits determined in paragraph (a)(1)(ii)(A) of this section if either of the actions in paragraphs (a)(1)(ii)(D)( 1 2 ( 1 ( 2 (iii) Each owner or operator of an existing kraft or soda recovery furnace, smelt dissolving tank, or lime kiln that operates less than 6,300 hours per year must comply with the applicable PM emissions limits for that process unit provided in paragraph (a)(1)(i) of this section. (2) Except as specified in paragraph (d) of this section, the owner or operator of each existing sulfite combustion unit must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.092 g/dscm (0.040 gr/dscf) corrected to 8 percent oxygen. (b) Standards for HAP metals: new sources. (2) The owner or operator of any new kraft or soda smelt dissolving tank must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.06 kg/Mg (0.12 lb/ton) of black liquor solids fired. (3) The owner or operator of any new kraft or soda lime kiln must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.023 g/dscm (0.010 gr/dscf) corrected to 10 percent oxygen. (4) The owner or operator of any new sulfite combustion unit must ensure that the concentration of PM in the exhaust gases discharged to the atmosphere is less than or equal to 0.046 g/dscm (O.020 gr/dscf) corrected to 8 percent oxygen. (c) Standards for gaseous organic HAP. (2) The owner or operator of each existing or new semichemical combustion unit must ensure that: (i) The concentration of gaseous organic HAP, as measured by total hydrocarbons reported as carbon, discharged to the atmosphere is less than or equal to 1.49 kg/Mg (2.97 lb/ton) of black liquor solids fired; or (ii) The gaseous organic HAP emissions, as measured by total hydrocarbons reported as carbon, are reduced by at least 90 percent prior to discharge of the gases to the atmosphere. (d) Alternative standard. [66 FR 3193, Jan. 12, 2001, as amended at 68 FR 7713, Feb. 18, 2003; 68 FR 67954, Dec. 5, 2003; 82 FR 47347, Oct. 11, 2017] § 63.863 Compliance dates. (a) The owner or operator of an existing affected source or process unit must comply with the requirements in this subpart no later than March 13, 2004, except as noted in paragraph (c) of this section. (b) The owner or operator of a new affected source that has an initial startup date after March 13, 2001 must comply with the requirements in this subpart immediately upon startup of the affected source, except as specified in § 63.6(b). (c) The owner or operator of an existing source or process unit must comply with the revised requirements published on October 11, 2017 no later than October 11, 2019, with the exception of the following: (1) The first of the 5-year periodic performance tests must be conducted by October 13, 2020, and thereafter within 5 years following the previous performance test; and (2) The date to submit performance test data through the CEDRI is within 60 days after the date of completing each performance test. [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 66 FR 37593, July 19, 2001; 68 FR 46108, Aug. 5, 2003; 82 FR 47347, Oct. 11, 2017] § 63.864 Monitoring requirements. (a)-(c) [Reserved] (d) Continuous opacity monitoring system (COMS). (1)-(2) [Reserved] (3) As specified in § 63.8(c)(4)(i), each COMS must complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period. (4) As specified in § 63.8(g)(2), each 6-minute COMS data average must be calculated as the average of 36 or more data points, equally spaced over each 6-minute period. (e) Continuous parameter monitoring system (CPMS). (1) For any kraft or soda recovery furnace or lime kiln using an ESP emission control device, the owner or operator must maintain proper operation of the ESP's automatic voltage control (AVC). (2) For any kraft or soda recovery furnace or lime kiln using an ESP followed by a wet scrubber, the owner or operator must follow the parameter monitoring requirements specified in paragraphs (e)(1) and (10) of this section. The opacity monitoring system specified in paragraph (d) of this section is not required for combination ESP/wet scrubber control device systems. (3)-(9) [Reserved] (10) The owner or operator of each affected kraft or soda recovery furnace, kraft or soda lime kiln, sulfite combustion unit, or kraft or soda smelt dissolving tank equipped with a wet scrubber must install, calibrate, maintain, and operate a CPMS that can be used to determine and record the pressure drop across the scrubber and the scrubbing liquid flow rate at least once every successive 15-minute period using the procedures in § 63.8(c), as well as the procedures in paragraphs (e)(10)(i) and (ii) of this section: (i) A monitoring device used for the continuous measurement of the pressure drop of the gas stream across the scrubber must be certified by the manufacturer to be accurate to within a gage pressure of ±500 pascals (±2 inches of water gage pressure); and (ii) A monitoring device used for continuous measurement of the scrubbing liquid flow rate must be certified by the manufacturer to be accurate within ±5 percent of the design scrubbing liquid flow rate. (iii) As an alternative to pressure drop measurement under paragraph (e)(10)(i) of this section, a monitoring device for measurement of fan amperage or fan revolutions per minute (RPM) may be used for smelt dissolving tank dynamic scrubbers that operate at ambient pressure or for low-energy entrainment scrubbers where the fan speed does not vary. (11) The owner or operator of each affected semichemical combustion unit equipped with an RTO must install, calibrate, maintain, and operate a CPMS that can be used to determine and record the operating temperature of the RTO at least once every successive 15-minute period using the procedures in § 63.8(c). The monitor must compute and record the operating temperature at the point of incineration of effluent gases that are emitted using a temperature monitor accurate to within ±1 percent of the temperature being measured. (12) The owner or operator of the affected hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14) must meet the requirements in paragraphs (e)(12)(i) through (xi) of this section for each bag leak detection system. (i) The owner or operator must install, calibrate, maintain, and operate each triboelectric bag leak detection system according to EPA-454/R-98-015, “Fabric Filter Bag Leak Detection Guidance” (incorporated by reference—see § 63.14). The owner or operator must install, calibrate, maintain, and operate other types of bag leak detection systems in a manner consistent with the manufacturer's written specifications and recommendations. (ii) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (iii) The bag leak detection system sensor must provide an output of relative PM loadings. (iv) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor. (v) The bag leak detection system must be equipped with an audible alarm system that will sound automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located where it is easily heard by plant operating personnel. (vi) For positive pressure fabric filter systems, a bag leak detector must be installed in each baghouse compartment or cell. (vii) For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter. (viii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (ix) The baseline output must be established by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time according to section 5.0 of the “Fabric Filter Bag Leak Detection Guidance” (incorporated by reference—see § 63.14). (x) Following initial adjustment of the system, the sensitivity or range, averaging period, alarm set points, or alarm delay time may not be adjusted except as detailed in the site-specific monitoring plan. In no case may the sensitivity be increased by more than 100 percent or decreased more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection which demonstrates that the fabric filter is in good operating condition, as defined in section 5.2 of the “Fabric Filter Bag Leak Detection Guidance,” (incorporated by reference—see § 63.14). Record each adjustment. (xi) The owner or operator must record the results of each inspection, calibration, and validation check. (13) The owner or operator of each affected source or process unit that uses an ESP, wet scrubber, RTO, or fabric filter may monitor alternative control device operating parameters subject to prior written approval by the Administrator. The request for approval must also include the manner in which the parameter operating limit is to be set. (14) The owner or operator of each affected source or process unit that uses an air pollution control system other than an ESP, wet scrubber, RTO, or fabric filter must provide to the Administrator an alternative monitoring request that includes a description of the control device, test results verifying the performance of the control device, the appropriate operating parameters that will be monitored, how the operating limit is to be set, and the frequency of measuring and recording to establish continuous compliance with the standards. The alternative monitoring request is subject to the Administrator's approval. The owner or operator of the affected source or process unit must install, calibrate, operate, and maintain the monitor(s) in accordance with the alternative monitoring request approved by the Administrator. The owner or operator must include in the information submitted to the Administrator proposed performance specifications and quality assurance procedures for the monitors. The Administrator may request further information and will approve acceptable test methods and procedures. The owner or operator must monitor the parameters as approved by the Administrator using the methods and procedures in the alternative monitoring request. (f) Data quality assurance. i.e., (g) Gaseous organic HAP. (h) Monitoring data. (i) [Reserved] (j) Determination of operating limits. (2) The owner or operator may base operating limits on values recorded during previous performance tests or conduct additional performance tests for the specific purpose of establishing operating limits, provided that data used to establish the operating limits are or have been obtained during testing that used the test methods and procedures required in this subpart. The owner or operator of the affected source or process unit must certify that all control techniques and processes have not been modified subsequent to the testing upon which the data used to establish the operating parameter limits were obtained. (3) The owner or operator of an affected source or process unit may establish expanded or replacement operating limits for the monitoring parameters listed in paragraphs (e)(10) through (14) of this section and established in paragraph (j)(1) or (2) of this section during subsequent performance tests using the test methods in § 63.865. (4) The owner or operator of the affected source or process unit must continuously monitor each parameter and determine the arithmetic average value of each parameter during each performance test run. Multiple performance tests may be conducted to establish a range of parameter values. Operating outside a previously established parameter limit during a performance test to expand the operating limit range does not constitute a monitoring exceedance. Operating limits must be confirmed or reestablished during performance tests. (5) New, expanded, or replacement operating limits for the monitoring parameter values listed in paragraphs (e)(10) through (14) of this section should be determined as described in paragraphs (j)(5)(i) and (ii) of this section. (i) The owner or operator of an affected source or process unit that uses a wet scrubber must set minimum operating limits as described in paragraph (j)(5)(i)(A) and (B) of this section. (A) Set the minimum scrubbing liquid flow rate operating limit as the lowest of the 1-hour average scrubbing liquid flow rate values associated with each test run demonstrating compliance with the applicable emission limit in § 63.862. (B) Set the minimum scrubber pressure drop operating limit as the lowest of the 1-hour average pressure drop values associated with each test run demonstrating compliance with the applicable emission limit in § 63.862; or for a smelt dissolving tank dynamic wet scrubber operating at ambient pressure or for low-energy entrainment scrubbers where fan speed does not vary, set the minimum operating limit using one of the methods in paragraph (j)(5)(i)(B)( 1 3 ( 1 ( 2 ( 3 (ii) [Reserved] (k) On-going compliance provisions. (i) For a new or existing kraft or soda recovery furnace or lime kiln equipped with an ESP, when the average of ten consecutive 6-minute averages result in a measurement greater than 20 percent opacity; (ii) For a new or existing kraft or soda recovery furnace, kraft or soda smelt dissolving tank, kraft or soda lime kiln, or sulfite combustion unit equipped with a wet scrubber, when any 3-hour average parameter value is below the minimum operating limit established in paragraph (j) of this section, with the exception of pressure drop during periods of startup and shutdown; (iii) For a new or existing kraft or soda recovery furnace or lime kiln equipped with an ESP followed by a wet scrubber, when any 3-hour average scrubber parameter value is below the minimum operating limit established in paragraph (j) of this section, with the exception of pressure drop during periods of startup and shutdown; (iv) For a new or existing semichemical combustion unit equipped with an RTO, when any 1-hour average temperature falls below the minimum temperature operating limit established in paragraph (j) of this section; (v) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14), when the bag leak detection system alarm sounds; (vi) For an affected source or process unit equipped with an ESP, wet scrubber, RTO, or fabric filter and monitoring alternative operating parameters established in paragraph (e)(13) of this section, when any 3-hour average value does not meet the operating limit established in paragraph (j) of this section; and (vii) For an affected source or process unit equipped with an alternative air pollution control system and monitoring operating parameters approved by the Administrator as established in paragraph (e)(14) of this section, when any 3-hour average value does not meet the operating limit established in paragraph (j) of this section. (2) Following the compliance date, owners or operators of all affected sources or process units are in violation of the standards of § 63.862 if the monitoring exceedances in paragraphs (k)(2)(i) through (ix) of this section occur during times when spent pulping liquor or lime mud is fed (as applicable): (i) For an existing kraft or soda recovery furnace equipped with an ESP, when opacity is greater than 35 percent for 2 percent or more of the operating time within any semiannual period; (ii) For a new kraft or soda recovery furnace equipped with an ESP, when opacity is greater than 20 percent for 2 percent or more of the operating time within any semiannual period; (iii) For a new or existing kraft or soda lime kiln equipped with an ESP, when opacity is greater than 20 percent for 3 percent or more of the operating time within any semiannual period; (iv) For a new or existing kraft or soda recovery furnace, kraft or soda smelt dissolving tank, kraft or soda lime kiln, or sulfite combustion unit equipped with a wet scrubber, when six or more 3-hour average parameter values within any 6-month reporting period are below the minimum operating limits established in paragraph (j) of this section, with the exception of pressure drop during periods of startup and shutdown; (v) For a new or existing kraft or soda recovery furnace or lime kiln equipped with an ESP followed by a wet scrubber, when six or more 3-hour average scrubber parameter values within any 6-month reporting period are outside the range of values established in paragraph (j) of this section, with the exception of pressure drop during periods of startup and shutdown; (vi) For a new or existing semichemical combustion unit equipped with an RTO, when any 3-hour average temperature falls below the temperature established in paragraph (j) of this section; (vii) For the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14), when corrective action is not initiated within 1 hour of a bag leak detection system alarm and the alarm is engaged for more than 5 percent of the total operating time in a 6-month block reporting period. In calculating the operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted; if corrective action is required, each alarm is counted as a minimum of 1 hour; if corrective action is not initiated within 1 hour, the alarm time is counted as the actual amount of time taken to initiate corrective action; (viii) For an affected source or process unit equipped with an ESP, wet scrubber, RTO, or fabric filter and monitoring alternative operating parameters established in paragraph (e)(13) of this section, when six or more 3-hour average values within any 6-month reporting period do not meet the operating limits established in paragraph (j) of this section; and (ix) For an affected source or process unit equipped with an alternative air pollution control system and monitoring operating parameters approved by the Administrator as established in paragraph (e)(14) of this section, when six or more 3-hour average values within any 6-month reporting period do not meet the operating limits established in paragraph (j) of this section. (3) For purposes of determining the number of nonopacity monitoring exceedances, no more than one exceedance will be attributed in any given 24-hour period. [68 FR 7713, Feb. 18, 2003, as amended at 68 FR 42605, July 18, 2003; 68 FR 67955, Dec. 5, 2003; 71 FR 20458, Apr. 20, 2006; 82 FR 47348, Oct. 11, 2017; 85 FR 70493, Nov. 5, 2020] § 63.865 Performance test requirements and test methods. The owner or operator of each affected source or process unit subject to the requirements of this subpart is required to conduct an initial performance test and periodic performance tests using the test methods and procedures listed in § 63.7 and paragraph (b) of this section. The owner or operator must conduct the first of the periodic performance tests within 3 years of the effective date of the revised standards and thereafter within 5 years following the previous performance test. Performance tests shall be conducted based on representative performance ( i.e., (a) The owner or operator of a process unit seeking to comply with a PM emission limit under § 63.862(a)(1)(ii)(A) must use the procedures in paragraphs (a)(1) and (2) of this section: (1) Determine the overall PM emission limit for the chemical recovery system at the mill using Equation 1 of this section as follows: Where: EL PM C ref, RF Q RFtot C ref,LK Q LKtot F1 = conversion factor, 1.44 minutes·kilogram/day·gram (min·kg/d·g) (0.206 minutes·pound/day·grain (min·b/d·gr)). BLS tot ER1 ref, SDT (2) Establish an emission limit for each kraft or soda recovery furnace, smelt dissolving tank, and lime kiln; and, using these emissions limits, determine the overall PM emission rate for the chemical recovery system at the mill using the procedures in paragraphs (a)(2)(i) through (v) of this section, such that the overall PM emission rate calculated in paragraph (a)(2)(v) of this section is less than or equal to the overall PM emission limit determined in paragraph (a)(1) of this section, as appropriate. (i) The PM emission rate from each affected recovery furnace must be determined using Equation 2 of this section as follows: Where: ER RF F1 = conversion factor, 1.44 min·kg/d·g (0.206 min·/d·gr). C EL, RF Q RF BLS = average black liquor solids firing rate of the recovery furnace measured during the performance test, Mg/d (ton/d) of black liquor solids. (ii) The PM emission rate from each affected smelt dissolving tank must be determined using Equation 3 of this section as follows: Where: ER SDT F1 = conversion factor, 1.44 min·kg/d•g (0.206 min·lb/d·gr). C EL, SDT Q SDT BLS = average black liquor solids firing rate of the associated recovery furnace measured during the performance test, Mg/d (ton/d) of black liquorsolids fired. If more than one SDT is used to dissolve the smelt from a given recovery furnace, then the black liquor solids firing rate of the furnace must be proportioned according to the size of the SDT. (iii) The PM emission rate from each affected lime kiln must be determined using Equation 4 of this section as follows: Where: ER LK F1 = conversion factor, 1.44 min·kg/d·g (0.206 min·lb/d·gr). C EL,LK Q LK CaO LK CaO tot BLS tot (iv) If more than one similar process unit is operated in the chemical recovery system at the kraft or soda pulp mill, Equation 5 of this section must be used to calculate the overall PM emission rate from all similar process units in the chemical recovery system at the mill and must be used in determining the overall PM emission rate for the chemical recovery system at the mill: Where: ER PUtot ER PU1 PR PU1 PR tot ER PUi PR PUi i = number of similar process units located in the chemical recovery system at the kraft or soda pulp mill. (v) The overall PM emission rate for the chemical recovery system at the mill must be determined using Equation 6 of this section as follows: Where: ER tot ER RFtot ER SDTtot ER LKtot (vi) After the Administrator has approved the PM emissions limits for each kraft or soda recovery furnace, smelt dissolving tank, and lime kiln, the owner or operator complying with an overall PM emission limit established in § 63.862(a)(1)(ii) must demonstrate compliance with the HAP metals standard by demonstrating compliance with the approved PM emissions limits for each affected kraft or soda recovery furnace, smelt dissolving tank, and lime kiln, using the test methods and procedures in paragraph (b) of this section. (b) The owner or operator seeking to determine compliance with § 63.862(a), (b), or (d) must use the procedures in paragraphs (b)(1) through (6) of this section. (1) For purposes of determining the concentration or mass of PM emitted from each kraft or soda recovery furnace, sulfite combustion unit, smelt dissolving tank, lime kiln, or the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14), Method 5 in appendix A-3 of 40 CFR part 60 or Method 29 in appendix A-8 of 40 CFR part 60 must be used, except that Method 17 in appendix A-6 of 40 CFR part 60 may be used in lieu of Method 5 or Method 29 if a constant value of 0.009 g/dscm (0.004 gr/dscf) is added to the results of Method 17, and the stack temperature is no greater than 205 °C (400 °F). For Methods 5, 29, and 17, the sampling time and sample volume for each run must be at least 60 minutes and 0.90 dscm (31.8 dscf), and water must be used as the cleanup solvent instead of acetone in the sample recovery procedure. (2) For sources complying with § 63.862(a) or (b), the PM concentration must be corrected to the appropriate oxygen concentration using Equation 7 of this section as follows: Where: C corr C meas X = the corrected volumetric oxygen concentration (8 percent for kraft or soda recovery furnaces and sulfite combustion units and 10 percent for kraft or soda lime kilns); and Y = the measured average volumetric oxygen concentration. (3) Method 3A or 3B in appendix A-2 of 40 CFR part 60 must be used to determine the oxygen concentration. The voluntary consensus standard ANSI/ASME PTC 19.10-1981—Part 10 (incorporated by reference—see § 63.14) may be used as an alternative to using Method 3B. The gas sample must be taken at the same time and at the same traverse points as the particulate sample. (4) For purposes of complying with § 63.862(a)(1)(ii)(A), the volumetric gas flow rate must be corrected to the appropriate oxygen concentration using Equation 8 of this section as follows: Where: Q corr Q meas Y = the measured average volumetric oxygen concentration. X = the corrected volumetric oxygen concentration (8 percent for kraft or soda recovery furnaces and 10 percent for kraft or soda lime kilns). (5)(i) For purposes of selecting sampling port location and number of traverse points, Method 1 or 1A in appendix A-1 of 40 CFR part 60 must be used; (ii) For purposes of determining stack gas velocity and volumetric flow rate, Method 2, 2A, 2C, 2D, or 2F in appendix A-1 of 40 CFR part 60 or Method 2G in appendix A-2 of 40 CFR part 60 must be used; (iii) For purposes of conducting gas analysis, Method 3, 3A, or 3B in appendix A-2 of 40 CFR part 60 must be used. The voluntary consensus standard ANSI/ASME PTC 19.10-1981—Part 10 (incorporated by reference—see § 63.14) may be used as an alternative to using Method 3B; and (iv) For purposes of determining moisture content of stack gas, Method 4 in appendix A-3 of 40 CFR part 60 must be used. (6) Process data measured during the performance test must be used to determine the black liquor solids firing rate on a dry basis and the CaO production rate. (c) The owner or operator of each affected source or process unit complying with the gaseous organic HAP standard in § 63.862(c)(1) must demonstrate compliance according to the provisions in paragraphs (c)(1) and (2) of this section. (1) The owner or operator complying through the use of an NDCE recovery furnace equipped with a dry ESP system is required to conduct periodic performance testing using Method 308 in appendix A of this part, as well as the methods listed in paragraphs (b)(5)(i) through (iv) of this section to demonstrate compliance with the gaseous organic HAP standard. The requirements and equations in paragraph (c)(2) of this section must be met and utilized, respectively. (2) The owner or operator complying without using an NDCE recovery furnace equipped with a dry ESP system must use Method 308 in appendix A of this part, as well as the methods listed in paragraphs (b)(5)(i) through (iv) of this section. The sampling time and sample volume for each Method 308 run must be at least 60 minutes and 0.014 dscm (0.50 dscf), respectively. (i) The emission rate from any new NDCE recovery furnace must be determined using Equation 9 of this section as follows: Where: ER NDCE MR meas BLS = Average black liquor solids firing rate of the NDCE recovery furnace, megagrams per hour (Mg/hr) (tons per hour (ton/hr)) determined using process data measured during the performance test. (ii) The emission rate from any new DCE recovery furnace system must be determined using Equation 10 of this section as follows: Where: ER DCE MR meas,RF MR meas,BLO BLS RF BLS BLO (d) The owner or operator seeking to determine compliance with the gaseous organic HAP standards in § 63.862(c)(2) for semichemical combustion units must use Method 25A in appendix A-7 of 40 CFR part 60, as well as the methods listed in paragraphs (b)(5)(i) through (iv) of this section. The sampling time for each Method 25A run must be at least 60 minutes. The calibration gas for each Method 25A run must be propane. (1) The emission rate from any new or existing semichemical combustion unit must be determined using Equation 11 of this section as follows: Where: ER SCCU THC meas BLS = Average black liquor solids firing rate, Mg/hr (ton/hr); determined using process data measured during the performance test. (2) If the owner or operator of the semichemical combustion unit has selected the percentage reduction standards for THC, under § 63.862(c)(2)(ii), the percentage reduction in THC emissions is computed using Equation 12 of this section as follows, provided that Ei and Eo are measured simultaneously: Where: %R THC E i E o [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 37593, July 19, 2001; 68 FR 7716, Feb. 18, 2003; 68 FR 67955, Dec. 5, 2003; 82 FR 47350, Oct. 11, 2017] § 63.866 Recordkeeping requirements. (a) [Reserved] (b) The owner or operator of an affected source or process unit must maintain records of any occurrence when corrective action is required under § 63.864(k)(1), and when a violation is noted under § 63.864(k)(2). (c) In addition to the general records required by § 63.10(b)(2)(iii) and (vi) through (xiv), the owner or operator must maintain records of the information in paragraphs (c)(1) through (8) of this section: (1) Records of black liquor solids firing rates in units of Mg/d or ton/d for all recovery furnaces and semichemical combustion units; (2) Records of CaO production rates in units of Mg/d or ton/d for all lime kilns; (3) Records of parameter monitoring data required under § 63.864, including any period when the operating parameter levels were inconsistent with the levels established during the performance test, with a brief explanation of the cause of the monitoring exceedance, the time the monitoring exceedance occurred, the time corrective action was initiated and completed, and the corrective action taken; (4) Records and documentation of supporting calculations for compliance determinations made under § 63.865(a) through (d); (5) Records of parameter operating limits established for each affected source or process unit; (6) Records certifying that an NDCE recovery furnace equipped with a dry ESP system is used to comply with the gaseous organic HAP standard in § 63.862(c)(1); (7) For the bag leak detection system on the hog fuel dryer fabric filter at Cosmo Specialty Fibers' Cosmopolis, Washington facility (Emission Unit no. HD-14), records of each alarm, the time of the alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action taken; and (8) Records demonstrating compliance with the requirement in § 63.864(e)(1) to maintain proper operation of an ESP's AVC. (d)(1) In the event that an affected unit fails to meet an applicable standard, including any emission limit in § 63.862 or any opacity or CPMS operating limit in § 63.864, record the number of failures. For each failure record the date, start time, and duration of each failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, and the following information: (i) For any failure to meet an emission limit in § 63.862, record an estimate of the quantity of each regulated pollutant emitted over the emission limit and a description of the method used to estimate the emissions. (ii) For each failure to meet an operating limit in § 63.864, maintain sufficient information to estimate the quantity of each regulated pollutant emitted over the emission limit. This information must be sufficient to provide a reliable emissions estimate if requested by the Administrator. (3) Record actions taken to minimize emissions in accordance with § 63.860(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 FR 7718, Feb. 18, 2003; 69 FR 25323, May 6, 2004; 71 FR 20458, Apr. 20, 2006; 82 FR 47351, Oct. 11, 2017] § 63.867 Reporting requirements. (a) Notifications. (2) [Reserved] (3) In addition to the requirements in subpart A of this part, the owner or operator of the hog fuel dryer at Cosmo Specialty Fibers' Cosmopolis, Washington, facility (Emission Unit no. HD-14) must include analysis and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems in § 63.864(e)(12) in the Notification of Compliance Status. (b) Additional reporting requirements for HAP metals standards. (2) Any owner or operator of a group of process units in a chemical recovery system at a mill complying with the PM emissions limits in § 63.862(a)(1)(ii) must submit the calculations and supporting documentation used in § 63.865(a)(1) and (2) to the Administrator as part of the notification of compliance status required under subpart A of this part. (3) After the Administrator has approved the emissions limits for any process unit, the owner or operator of a process unit must notify the Administrator before any of the actions in paragraphs (b)(3)(i) through (iv) of this section are taken: (i) The air pollution control system for any process unit is modified or replaced; (ii) Any kraft or soda recovery furnace, smelt dissolving tank, or lime kiln in a chemical recovery system at a kraft or soda pulp mill complying with the PM emissions limits in § 63.862(a)(1)(ii) is shut down for more than 60 consecutive days; (iii) A continuous monitoring parameter or the value or range of values of a continuous monitoring parameter for any process unit is changed; or (iv) The black liquor solids firing rate for any kraft or soda recovery furnace during any 24-hour averaging period is increased by more than 10 percent above the level measured during the most recent performance test. (4) An owner or operator of a group of process units in a chemical recovery system at a mill complying with the PM emissions limits in § 63.862(a)(1)(ii) and seeking to perform the actions in paragraph (b)(3)(i) or (ii) of this section must recalculate the overall PM emissions limit for the group of process units and resubmit the documentation required in paragraph (b)(2) of this section to the Administrator. All modified PM emissions limits are subject to approval by the Administrator. (c) Excess emissions report. (1) If the total duration of excess emissions or process control system parameter exceedances for the reporting period is less than 1 percent of the total reporting period operating time, and CMS downtime is less than 5 percent of the total reporting period operating time, only the summary report is required to be submitted. This report will be titled “Summary Report—Gaseous and Opacity Excess Emissions and Continuous Monitoring System Performance” and must contain the information specified in paragraphs (c)(1)(i) through (x) of this section. (i) The company name and address and name of the affected facility. (ii) Beginning and ending dates of the reporting period. (iii) An identification of each process unit with the corresponding air pollution control device, being included in the semiannual report, including the pollutants monitored at each process unit, and the total operating time for each process unit. (iv) An identification of the applicable emission limits, operating parameter limits, and averaging times. (v) An identification of the monitoring equipment used for each process unit and the corresponding model number. (vi) Date of the last CMS certification or audit. (vii) An emission data summary, including the total duration of excess emissions (recorded in minutes for opacity and hours for gases), the duration of excess emissions expressed as a percent of operating time, the number of averaging periods recorded as excess emissions, and reason for the excess emissions ( e.g., (viii) A CMS performance summary, including the total duration of CMS downtime during the reporting period (recorded in minutes for opacity and hours for gases), the total duration of CMS downtime expressed as a percent of the total source operating time during that reporting period, and a breakdown of the total CMS downtime during the reporting period ( e.g., (ix) A description of changes to CMS, processes, or controls since last reporting period. (x) A certification by a certifying official of truth, accuracy and completeness. This will state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. (2) [Reserved] (3) If measured parameters meet any of the conditions specified in § 63.864(k)(1) or (2), the owner or operator of the affected source must submit a semiannual report describing the excess emissions that occurred. If the total duration of monitoring exceedances for the reporting period is 1 percent or greater of the total reporting period operating time, or the total CMS downtime for the reporting period is 5 percent or greater of the total reporting period operating time, or any violations according to § 63.864(k)(2) occurred, information from both the summary report and the excess emissions and continuous monitoring system performance report must be submitted. This report will be titled “Excess Emissions and Continuous Monitoring System Performance Report” and must contain the information specified in paragraphs (c)(1)(i) through (x) of this section, in addition to the information required in § 63.10(c)(5) through (14), as specified in paragraphs (c)(3)(i) through (vi) of this section. Reporting monitoring exceedances does not constitute a violation of the applicable standard unless the violation criteria in § 63.864(k)(2) and (3) are reached. (i) An identification of the date and time identifying each period during which the CMS was inoperative except for zero (low-level) and high-level checks. (ii) An identification of the date and time identifying each period during which the CMS was out of control, as defined in § 63.8(c)(7). (iii) The specific identification of each period of excess emissions and parameter monitoring exceedances as described in paragraphs (c)(3)(iii)(A) through (E) of this section. (A) For opacity: ( 1 ( 2 ( 3 ( 4 ( 5 (B) [Reserved] (C) For wet scrubber operating parameters: ( 1 ( 2 ( 3 (D) For RTO operating temperature: ( 1 ( 2 ( 3 (E) For alternative parameters established according to § 63.864(e)(13) or (14) subject to the requirements of § 63.864(k)(1) and (2): ( 1 ( 2 ( 3 ( 4 (iv) The nature and cause of the event (if known). (v) The corrective action taken or preventative measures adopted. (vi) The nature of repairs and adjustments to the CMS that was inoperative or out of control. (4) If a source fails to meet an applicable standard, including any emission limit in § 63.862 or any opacity or CPMS operating limit in § 63.864, report such events in the semiannual excess emissions report. Report the number of failures to meet an applicable standard. For each instance, report the date, time and duration of each failure. For each failure, the report must include a list of the affected sources or equipment, and for any failure to meet an emission limit under § 63.862, provide an estimate of the quantity of each regulated pollutant emitted over the emission limit, and a description of the method used to estimate the emissions. (5) The owner or operator of an affected source or process unit subject to the requirements of this subpart and subpart S of this part may combine excess emissions and/or summary reports for the mill. (d) Electronic reporting. (i) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (ii) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, the owner or operator must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13 unless the Administrator agrees to or specifies an alternative reporting method. (2) The owner or operator must submit the notifications required in § 63.9(b) and § 63.9(h) (including any information specified in § 63.867(b)) and semiannual reports to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (3) If you are required to electronically submit a report through CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (4) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 68 FR 7718, Feb. 18, 2003; 68 FR 42605, July 18, 2003; 68 FR 46108, Aug. 5, 2003; 69 FR 25323, May 6, 2004; 82 FR 47351, Oct. 11, 2017; 85 FR 70494, Nov. 5, 2020] § 63.868 Delegation of authority. (a) In delegating implementation and enforcement authority to a State under section 112(d) of the Clean Air Act, the authorities contained in paragraph (b) of this section must be retained by the Administrator and not transferred to a State. (b) The authorities which will not be delegated to States are listed in paragraphs (b)(1) through (4) of this section: (1) Approval of alternatives to standards in § 63.862 under § 63.6(g). (2) Approval of a major change to test method under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of a major change to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of a major change to recordkeeping/reporting under § 63.10(f) and as defined in § 63.90. [66 FR 3193, Jan. 12, 2001, as amended at 82 FR 47353, Oct. 11, 2017] Table 1 to Subpart MM of Part 63—General Provisions Applicability to Subpart MM General provisions Summary of requirements Applies to Explanation 63.1(a)(1) General applicability of the General Provisions Yes Additional terms defined in § 63.861; when overlap between subparts A and MM of this part, subpart MM takes precedence. 63.1(a)(2)-(14) General applicability of the General Provisions Yes 63.1(b)(1) Initial applicability determination No Subpart MM specifies the applicability in § 63.860. 63.1(b)(2) Title V operating permit—see 40 CFR part 70 Yes All major affected sources are required to obtain a title V permit. 63.1(b)(3) Record of the applicability determination No All affected sources are subject to subpart MM according to the applicability definition of subpart MM. 63.1(c)(1) Applicability of subpart A of this part after a relevant standard has been set Yes Subpart MM clarifies the applicability of each paragraph of subpart A of this part to sources subject to subpart MM. 63.1(c)(2) Title V permit requirement Yes All major affected sources are required to obtain a title V permit. There are no area sources in the pulp and paper mill source category. 63.1(c)(3) [Reserved] No 63.1(c)(4) Requirements for existing source that obtains an extension of compliance Yes 63.1(c)(5) Notification requirements for an area source that increases HAP emissions to major source levels Yes 63.1(c)(6) Reclassification Yes 63.1(d) [Reserved] No 63.1(e) Applicability of permit program before a relevant standard has been set Yes 63.2 Definitions Yes Additional terms defined in § 63.861; when overlap between subparts A and MM of this part occurs, subpart MM takes precedence. 63.3 Units and abbreviations Yes 63.4 Prohibited activities and circumvention Yes 63.5(a) Construction and reconstruction—applicability Yes 63.5(b)(1) Upon construction, relevant standards for new sources Yes 63.5(b)(2) [Reserved] No 63.5(b)(3) New construction/reconstruction Yes 63.5(b)(4) Construction/reconstruction notification Yes 63.5(b)(5) Construction/reconstruction compliance Yes 63.5(b)(6) Equipment addition or process change Yes 63.5(c) [Reserved] No 63.5(d) Application for approval of construction/reconstruction Yes 63.5(e) Construction/reconstruction approval Yes 63.5(f) Construction/reconstruction approval based on prior State preconstruction review Yes 63.6(a)(1) Compliance with standards and maintenance requirements—applicability Yes 63.6(a)(2) Requirements for area source that increases emissions to become major Yes 63.6(b) Compliance dates for new and reconstructed sources Yes 63.6(c) Compliance dates for existing sources Yes, except for sources granted extensions under 63.863(c) Subpart MM specifically stipulates the compliance schedule for existing sources. 63.6(d) [Reserved] No 63.6(e)(1)(i) General duty to minimize emissions No See § 63.860(d) for general duty requirement. 63.6(e)(1)(ii) Requirement to correct malfunctions ASAP No 63.6(e)(1)(iii) Operation and maintenance requirements enforceable independent of emissions limitations Yes 63.6(e)(2) [Reserved] No 63.6(e)(3) Startup, shutdown, and malfunction plan (SSMP) No 63.6(f)(1) Compliance with nonopacity emissions standards except during SSM No 63.6(f)(2)-(3) Methods for determining compliance with nonopacity emissions standards Yes 63.6(g) Compliance with alternative nonopacity emissions standards Yes 63.6(h)(1) Compliance with opacity and visible emissions (VE) standards except during SSM No 63.6(h)(2)-(9) Compliance with opacity and VE standards Yes Subpart MM does not contain any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements. 63.6(i) Extension of compliance with emissions standards Yes 63.6(j) Exemption from compliance with emissions standards Yes 63.7(a)(1) Performance testing requirements—applicability Yes 63.7(a)(2) Performance test dates Yes 63.7(a)(3) Performance test requests by Administrator under CAA section 114 Yes 63.7(a)(4) Notification of delay in performance testing due to force majeure Yes 63.7(b)(1) Notification of performance test Yes 63.7(b)(2) Notification of delay in conducting a scheduled performance test Yes 63.7(c) Quality assurance program Yes 63.7(d) Performance testing facilities Yes 63.7(e)(1) Conduct of performance tests No See § 63.865. 63.7(e)(2)-(3) Conduct of performance tests Yes 63.7(e)(4) Testing under section 114 Yes 63.7(f) Use of an alternative test method Yes 63.7(g) Data analysis, recordkeeping, and reporting Yes 63.7(h) Waiver of performance tests Yes § 63.865(c)(1) specifies the only exemption from performance testing allowed under subpart MM. 63.8(a)(1) Monitoring requirements—applicability Yes See § 63.864. 63.8(a)(2) Performance Specifications Yes 63.8(a)(3) [Reserved] No 63.8(a)(4) Monitoring with flares No The use of flares to meet the standards in subpart MM is not anticipated. 63.8(b)(1) Conduct of monitoring Yes See § 63.864. 63.8(b)(2)-(3) Specific requirements for installing and reporting on monitoring systems Yes 63.8(c)(1) Operation and maintenance of CMS Yes See § 63.864. 63.8(c)(1)(i) General duty to minimize emissions and CMS operation No 63.8(c)(1)(ii) Reporting requirements for SSM when action not described in SSMP Yes 63.8(c)(1)(iii) Requirement to develop SSM plan for CMS No 63.8(c)(2)-(3) Monitoring system installation Yes 63.8(c)(4) CMS requirements Yes 63.8(c)(5) Continuous opacity monitoring system (COMS) minimum procedures Yes 63.8(c)(6) Zero and high level calibration check requirements Yes 63.8(c)(7)-(8) Out-of-control periods Yes 63.8(d)(1)-(2) CMS quality control program Yes See § 63.864. 63.8(d)(3) Written procedures for CMS No See § 63.864(f). 63.8(e)(1) Performance evaluation of CMS Yes 63.8(e)(2) Notification of performance evaluation Yes 63.8(e)(3) Submission of site-specific performance evaluation test plan Yes 63.8(e)(4) Conduct of performance evaluation and performance evaluation dates Yes 63.8(e)(5) Reporting performance evaluation results Yes 63.8(f) Use of an alternative monitoring method Yes 63.8(g) Reduction of monitoring data Yes 63.9(a) Notification requirements—applicability and general information Yes 63.9(b) Initial notifications Yes 63.9(c) Request for extension of compliance Yes 63.9(d) Notification that source subject to special compliance requirements Yes 63.9(e) Notification of performance test Yes 63.9(f) Notification of opacity and VE observations Yes Subpart MM does not contain any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements. 63.9(g)(1) Additional notification requirements for sources with CMS Yes 63.9(g)(2) Notification of compliance with opacity emissions standard Yes Subpart MM does not contain any opacity or VE emissions standards; however, § 63.864 specifies opacity monitoring requirements. 63.9(g)(3) Notification that criterion to continue use of alternative to relative accuracy testing has been exceeded Yes 63.9(h) Notification of compliance status Yes 63.9(i) Adjustment to time periods or postmark deadlines for submittal and review of required communications Yes 63.9(j) Change in information already provided Yes 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). 63.10(a) Recordkeeping requirements—applicability and general information Yes See § 63.866. 63.10(b)(1) Records retention Yes 63.10(b)(2)(i) Recordkeeping of occurrence and duration of startups and shutdowns No 63.10(b)(2)(ii) Recordkeeping of failures to meet a standard No See § 63.866(d) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. 63.10(b)(2)(iii) Maintenance records Yes 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSM No 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions Yes 63.10(b)(2)(vii)-(xiv) Other CMS requirements Yes 63.10(b)(3) Records retention for sources not subject to relevant standard Yes Applicability requirements are given in § 63.860. 63.10(c)(1)-(14) Additional recordkeeping requirements for sources with CMS Yes 63.10(c)(15) Use of SSM plan No 63.10(d)(1) General reporting requirements Yes 63.10(d)(2) Reporting results of performance tests Yes 63.10(d)(3) Reporting results of opacity or VE observations Yes Subpart MM does not include any opacity or VE standards; however, § 63.864 specifies opacity monitoring requirements. 63.10(d)(4) Progress reports Yes 63.10(d)(5)(i) Periodic startup, shutdown, and malfunction reports No See § 63.867(c)(3) for malfunction reporting requirements. 63.10(d)(5)(ii) Immediate startup, shutdown, and malfunction reports No See § 63.867(c)(3) for malfunction reporting requirements. 63.10(e)(1) Additional reporting requirements for sources with CMS—General Yes 63.10(e)(2) Reporting results of CMS performance evaluations Yes 63.10(e)(3)(i)-(iv) Requirement to submit excess emissions and CMS performance report and/or summary report and frequency of reporting No § 63.867(c)(1) and (3) require submittal of the excess emissions and CMS performance report and/or summary report on a semiannual basis. 63.10(e)(3)(v) General content and submittal dates for excess emissions and monitoring system performance reports Yes 63.10(e)(3)(vi) Specific summary report content No § 63.867(c)(1) specifies the summary report content. 63.10(e)(3)(vii)-(viii) Conditions for submitting summary report versus detailed excess emission report No § 63.867(c)(1) and (3) specify the conditions for submitting the summary report or detailed excess emissions and CMS performance report. 63.10(e)(4) Reporting continuous opacity monitoring system data produced during a performance test Yes 63.10(f) Waiver of recordkeeping and reporting requirements Yes 63.11 Control device requirements for flares No The use of flares to meet the standards in subpart MM is not anticipated. 63.12 State authority and delegations Yes 63.13 Addresses of State air pollution control agencies and EPA Regional Offices Yes 63.14 Incorporations by reference Yes 63.15 Availability of information and confidentiality Yes 63.16 Requirements for Performance Track member facilities Yes [66 FR 3193, Jan. 12, 2001, as amended at 66 FR 16408, Mar. 26, 2001; 82 FR 47353, Oct. 11, 2017; 85 FR 73896, Nov. 19, 2020] Subpart NN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing at Area Sources Source: 80 FR 45325, July 29, 2015, unless otherwise noted. § 63.880 Applicability. (a) The requirements of this subpart apply to the owner or operator of each wool fiberglass manufacturing facility that is an area source or is located at a facility that is an area source. (b) The requirements of this subpart apply to emissions of chromium compounds, as measured according to the methods and procedures in this subpart, emitted from each new and existing gas-fired glass-melting furnace located at a wool fiberglass manufacturing facility that is an area source. (c) The provisions of subpart A of this part that apply and those that do not apply to this subpart are specified in Table 1 to this subpart. (d) Gas-fired glass-melting furnaces that are not subject to subpart NNN of this part are subject to this subpart. (e) Gas-fired glass-melting furnaces using electricity as a supplemental energy source are subject to this subpart. § 63.881 Definitions. Terms used in this subpart are defined in the Clean Air Act, in § 63.2, or in this section as follows: Bag leak detection system Gas-fired glass-melting furnace Glass pull rate Incinerator Manufacturing line New source Wool fiberglass Wool fiberglass manufacturing facility § 63.882 Emission standards. (a) Emission limits for gas-fired glass-melting furnaces. (b) Operating limits. (1)(i) You must initiate corrective action within one hour of an alarm from a bag leak detection system and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) You must implement a Quality Improvement Plan consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the bag leak detection system alarm is sounded for more than 5 percent of the total operating time in a 6-month block reporting period. (2)(i) You must initiate corrective action within one hour when any 3-hour block average of the monitored electrostatic precipitator (ESP) parameter is outside the limit(s) established during the performance test as specified in § 63.884 and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) You must implement a Quality Improvement Plan consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the monitored ESP parameter is outside the limit(s) established during the performance test as specified in § 63.884 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) You must operate the ESP such that the monitored ESP parameter is not outside the limit(s) established during the performance test as specified in § 63.884 for more than 10 percent of the total operating time in a 6-month block reporting period. (3)(i) You must initiate corrective action within one hour when any 3-hour block average value for the monitored parameter(s) for a gas-fired glass-melting furnace, which uses no add-on controls, is outside the limit(s) established during the performance test as specified in § 63.884 and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) You must implement a Quality Improvement Plan consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the monitored parameter(s) is outside the limit(s) established during the performance test as specified in § 63.884 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) You must operate a gas-fired glass-melting furnace, which uses no add-on technology, such that the monitored parameter(s) is not outside the limit(s) established during the performance test as specified in § 63.884 for more than 10 percent of the total operating time in a 6-month block reporting period. (4)(i) You must initiate corrective action within one hour when the average glass pull rate of any 4-hour block period for gas-fired glass-melting furnaces equipped with continuous glass pull rate monitors, or daily glass pull rate for glass-melting furnaces not so equipped, exceeds the average glass pull rate established during the performance test as specified in § 63.884, by greater than 20 percent and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) You must implement a Quality Improvement Plan consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the glass pull rate exceeds, by more than 20 percent, the average glass pull rate established during the performance test as specified in § 63.884 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) You must operate each gas-fired glass-melting furnace such that the glass pull rate does not exceed, by more than 20 percent, the average glass pull rate established during the most recent successful performance test as specified in § 63.884 for more than 10 percent of the total operating time in a 6-month block reporting period. (5)(i) You must initiate corrective action within one hour when the average pH (for a caustic scrubber) or pressure drop (for a venturi scrubber) for any 3-hour block period is outside the limits established during the performance tests as specified in § 63.884 for each wet scrubbing control device and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) You must implement a Quality Improvement Plan consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when any scrubber parameter is outside the limit(s) established during the performance test as specified in § 63.884 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) You must operate each scrubber such that each monitored parameter is not outside the limit(s) established during the performance test as specified in § 63.884 for more than 10 percent of the total operating time in a 6-month block reporting period. § 63.883 Monitoring requirements. You must meet all applicable monitoring requirements contained in subpart NNN of this part. § 63.884 Performance test requirements. (a) If you are subject to the provisions of this subpart you must conduct a performance test to demonstrate compliance with the applicable emission limits in § 63.882. For existing sources, compliance is demonstrated when the emission rate of the pollutant is equal to or less than each of the applicable emission limits in § 63.882 by July 31, 2017. For new sources compliance is demonstrated when the emission rate of the pollutant is equal to or less than each of the applicable emission limits in § 63.882 by January 25, 2016 or 180 days after initial startup, whichever is later. You must conduct the performance test according to the procedures in subpart A of this part and in this section. (b) You must meet all applicable performance test requirements contained in subpart NNN of this part. § 63.885 Test methods and procedures. (a) You must use the following methods to determine compliance with the applicable emission limits: (1) Method 1 at 40 CFR part 60, appendix A-1 for the selection of the sampling port location and number of sampling ports; (2) Method 2 at 40 CFR part 60, appendix A-1 for volumetric flow rate; (3) Method 3 or 3A (40 CFR part 60, appendix A-2) for oxygen and carbon dioxide for diluent measurements needed to correct the concentration measurements to a standard basis; (4) Method 4 at 40 CFR part 60, appendix A-4 for moisture content of the stack gas; (5) Method 29 (40 CFR part 60, appendix A-8) for the concentration of chromium compounds. Each run must consist of a minimum sample volume of two dry standard cubic meters. (6) An alternative method, subject to approval by the Administrator. (b) Each performance test must consist of three runs. You must use the average of the three runs in the applicable equation for determining compliance. § 63.886 Notification, recordkeeping, and reporting requirements. You must meet all applicable notification, recordkeeping and reporting requirements contained in subpart NNN of this part. § 63.887 Compliance dates. (a) Compliance dates. (1) Except as noted in paragraph (a)(3) of this section, the compliance date for an owner or operator of an existing source subject to the provisions in this subpart would be July 31, 2017. (2) Except as noted in paragraph (a)(3) of this section, the compliance date for new and reconstructed sources is upon initial startup of a new gas-fired glass-melting furnace or on July 29, 2015, whichever is later. (3) The compliance date for the provisions related to the electronic reporting provisions of § 63.886 is on July 29, 2015. (b) Compliance extension. § 63.888 Startups and shutdowns. You must meet all applicable startup and shutdown provisions contained in subpart NNN of this part. §§ 63.889-63.899 [Reserved] Table 1 to Subpart NN of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart NN General provisions Requirement Applies to subpart NN Explanation § 63.1(a)(1)-(5) Applicability Yes § 63.1(a)(6) Yes § 63.1(a)(7)-(9) No [Reserved]. § 63.1(a)(10)-(12) Yes § 63.1(b)(1) Initial Applicability Determination Yes § 63.1(b)(2) No [Reserved]. § 63.1(b)(3) Yes § 63.1(c)(1)-(2) Yes § 63.1(c)(3)-(4) No [Reserved]. § 63.1(c)(5)-(e) Yes § 63.2 Definitions Yes Additional definitions in § 63.881. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(a)(3)-(5) No [Reserved]. § 63.4(b)-(c) Yes § 63.5(a)-(b)(2) Construction/Reconstruction Applicability Yes § 63.5(b)(3)-(4) Yes § 63.5(b)(5) No [Reserved]. § 63.5(b)(6) Yes § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes § 63.6(a)-(d) Compliance with Standards and Maintenance Requirements Yes § 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.882 for general duty requirements. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) Startup, Shutdown, and Malfunction (SSM) Plan No Startups and shutdowns addressed in § 63.888. § 63.6(f)(1) SSM Exemption No § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Nonopacity Emission Yes § 63.6(h)(1) SSM Exemption No § 63.6(h)(2)-(j) Yes § 63.7(a)-(d) Yes § 63.884 has specific requirements. § 63.7(e)(1) Performance Testing No See § 63.882. § 63.7(e)(2)-(4) Yes § 63.7(f) Alternative Test Method Yes § 63.7(g)(1) Data Analysis Yes § 63.7(g)(2) No [Reserved]. § 63.7(g)(3) Yes § 63.7(h) Waiver of Performance Test Yes § 63.8(a)-(b) Monitoring Requirements Yes § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.882(b) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No § 63.8(c)(2)-(d)(2) Yes § 63.8(d)(3) Written Procedures for CMS Yes, except for last sentence, which refers to SSM plan. SSM plans are not required § 63.8(e)-(g) Yes § 63.9(a) Notification Requirements Yes § 63.9(b)(1)-(2) Initial Notifications Yes § 63.9(b)(3) No [Reserved]. § 63.9(b)(4)-(5) Yes § 63.9(c)-(j) Yes § 63.10(a) Recordkeeping and Reporting-Requirements Yes § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No § 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.886 for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction. § 63.10(b)(2)(iii) Maintenance Records Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM No § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes § 63.10(b)(3) Recordkeeping Requirement for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes § 63.10(c)(9) No [Reserved]. § 63.10(c)(10)-(11) No See § 63.886 for recordkeeping of malfunctions. § 63.10(c)(12)-(14) Yes § 63.10(c)(15) Use of SSM Plan No § 63.10(d)(1)-(4) General Reporting Requirements Yes § 63.10(d)(5) SSM Reports No See § 63.886(c)(2) for reporting of malfunctions. § 63.10(e)-(f) Additional CMS Reports Excess Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Yes § 63.11(a)-(b) Control Device Requirements Applicability Flares No Flares will not be used to comply with the emissions limits. § 63.11(c) Alternative Work Practice for Monitoring Equipment for Leaks Yes § 63.11(d) Alternative Work Practice Standard Yes § 63.11(e) Alternative Work Practice Requirements Yes § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Information Availability/Confidentiality Yes § 63.16 Performance Track Provisions Yes Subpart OO—National Emission Standards for Tanks—Level 1 Source: 61 FR 34184, July 1, 1996, unless otherwise noted. § 63.900 Applicability. The provisions of this subpart apply to the control of air emissions from tanks for which another subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart for such air emission control. These air emission standards for tanks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the other subparts that reference this subpart. The provisions of 40 CFR part 63, subpart A—General Provisions do not apply to this subpart except as noted in the subpart that references this subpart. § 63.901 Definitions. All terms used in this subpart shall have the meaning given to them in the Act and in this section. If a term is defined in both this section and in another subpart that references the use of this subpart, then the definition in this subpart shall take precedence when implementing this subpart. Closure device Fixed roof No detectable organic emissions Regulated-material Safety device Tank [61 FR 34184, July 1, 1996, as amended at 64 FR 38985, July 20, 1999] § 63.902 Standards—Tank fixed roof. (a) This section applies to owners and operators subject to this subpart and controlling air emissions from a tank using a fixed roof. This section does not apply to a fixed-roof tank that is also equipped with an internal floating roof. (b) The tank shall be equipped with a fixed roof designed to meet the following specifications: (1) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch). (2) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall. (3) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either: (i) equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or (ii) connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever regulated material is managed in the tank. (4) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the regulated-material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability, the effects of any contact with the liquid or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed. (c) Whenever a regulated-material is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows: (1) Opening of closure devices or removal of the fixed roof is allowed at the following times: (i) To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank. (ii) To remove accumulated sludge or other residues from the bottom of tank. (2) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the owner or operator based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, combustible, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the container internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations. (3) Opening of a safety device, as defined in § 63.901 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect the air emission control equipment in accordance with the requirements specified in § 63.906(a) of this subpart. [61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999] §§ 63.903-63.904 [Reserved] § 63.905 Test methods and procedures. (a) Procedure for determining no detectable organic emissions for the purpose of complying with this subpart. (1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve. (2) The test shall be performed when the unit contains a material having a total organic concentration representative of the range of concentrations for the materials expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the material placed in the unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (5) Calibration gases shall be as follows: (i) Zero air (less than 10 ppmv hydrocarbon in air); and (ii) A mixture of methane or n-hexane in air at a concentration of approximately, but less than 10,000 ppmv. (6) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (a)(6) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (9) A potential leak interface is determined to operate with no detectable emissions using the applicable criteria specified in paragraphs (a)(9)(i) and (a)(9)(ii) of this section. (i) For a potential leak interface other than a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 500 ppmv. (ii) For a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 10,000 ppmv. (b) [Reserved] [64 FR 38986, July 20, 1999] § 63.906 Inspection and monitoring requirements. (a) Owners and operators that use a tank equipped with a fixed roof in accordance with the provisions of § 63.902 of this subpart shall meet the following requirements: (1) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (2) The owner or operator must perform an initial inspection following installation of the fixed roof. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (d) of this section. (3) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b) of this section. (4) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.907 (a) of this subpart. (b) The owner or operator shall repair all detected defects as follows: (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (b)(2) of this section. (2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the regulated material normally managed in the tank. In this case, the owner or operator shall repair the defect the next time alternative tank capacity becomes available and the tank can be emptied or temporarily removed from service, as necessary to complete the repair. (c) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.907(b) of this subpart. (d) Alternative inspection and monitoring interval. (1) The owner or operator must prepare and maintain at the plant site written documentation identifying the specific air pollution control equipment designated as “unsafe to inspect and monitor.” The documentation must include for each piece of air pollution control equipment designated as such a written explanation of the reasons why the equipment is unsafe to inspect or monitor using the applicable procedures under this section. (2) The owner or operator must develop and implement a written plan and schedule to inspect and monitor the air pollution control equipment using the applicable procedures specified in this section during times when a worker can safely access the air pollution control equipment. The required inspections and monitoring must be performed as frequently as practicable but do not need to be performed more frequently than the periodic schedule that would be otherwise applicable to the air pollution control equipment under the provisions of this section. A copy of the written plan and schedule must be maintained at the plant site. [61 FR 34184, July 1, 1996, as amended at 64 FR 38986, July 20, 1999] § 63.907 Recordkeeping requirements. (a) Each owner or operator shall prepare and maintain a record for each tank that includes the following information: (1) A tank identification number (or other unique identification description as selected by the owner or operator). (2) A description of the tank dimensions and the tank design capacity. (3) The date that each inspection required by § 63.906 of this subpart is performed. (b) The owner or operator shall record the following information for each defect detected during inspections required by § 63.906 of this subpart: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 63.907(b)(2) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. § 63.908 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.900 and 63.902. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37354, June 23, 2003] Subpart PP—National Emission Standards for Containers Source: 61 FR 34186, July 1, 1996, unless otherwise noted. § 63.920 Applicability. The provisions of this subpart apply to the control of air emissions from containers for which another subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart for such air emission control. These air emission standards for containers are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the other subparts that reference this subpart. The provisions of 40 CFR part 63, subpart A—General Provisions do not apply to this subpart except as noted in the subpart that references this subpart. § 63.921 Definitions. All terms used in this subpart shall have the meaning given to them in the Act and in this section. If a term is defined in both this section and in another subpart that references the use of this subpart, then the definition in this subpart shall take precedence when implementing this subpart. Container Closure device Empty container No detectable organic emissions Regulated-material Safety device [61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999] § 63.922 Standards—Container Level 1 controls. (a) This section applies to owners and operators subject to this subpart and required to control air emissions from containers using Container Level 1 controls. (b) A container using Container Level 1 controls is one of the following: (1) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in paragraph (f) of this section. (2) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum, a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a bulk cargo container equipped with a screw-type cap). (3) An open-top container in which an organic vapor-suppressing barrier is placed on or over the regulated-material in the container such that no regulated-material is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam. (c) A container used to meet the requirements of either paragraph (b)(2) or (b)(3) of this section shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the regulated-material to the atmosphere and to maintain the equipment integrity for as long as it is in service. Factors to be considered when selecting the materials for and designing the cover and closure devices shall include: organic vapor permeability, the effects of contact with the material or its vapor managed in the container; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for container on which the cover is installed. (d) Whenever a regulated-material is in a container using Container Level 1 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows: (1) Opening of a closure device or cover is allowed for the purpose of adding material to the container as follows: (i) In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation. (ii) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either: the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaves the immediate vicinity of the container; or the shutdown of the process generating the material being added to the container, whichever condition occurs first. (2) Opening of a closure device or cover is allowed for the purpose of removing material from the container as follows: (i) For the purpose of meeting the requirements of this section, an empty container as defined in § 63.921 of this subpart may be open to the atmosphere at any time (e.g., covers and closure devices are not required to be secured in the closed position on an empty container). (ii) In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in § 63.921 of this subpart, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes, or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first. (3) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of regulated-material. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container. (4) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the container internal pressure in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the container internal pressure is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the container internal pressure exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations. (5) Opening of a safety device, as defined in § 63.921 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (e) The owner or operator shall inspect containers using Container Level 1 controls in accordance with the procedures specified in § 63.926(a) of this subpart. (f) For the purpose of compliance with paragraph (b)(1) of this section, containers shall be used that meet the applicable U.S. DOT regulations on packaging hazardous materials for transportation as follows: (1) The container meets the applicable requirements specified in 49 CFR part 178—Specifications for Packagings or 49 CFR part 179—Specifications for Tank Cars. (2) Regulated-material is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107 subpart B—Exemptions; 49 CFR part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173—Shippers—General Requirements for Shipments and Packaging; and 49 CFR part 180—Continuing Qualification and Maintenance of Packagings. (3) For the purpose of complying with this subpart, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in paragraph (f)(4) of this section. (4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart, an owner or operator may comply with the exceptions for those packagings specified in 49 CFR 173.12(b). § 63.923 Standards—Container Level 2 controls. (a) This section applies to owners and operators subject to this subpart and required to control air emissions from containers using Container Level 2 controls. (b) A container using Container Level 2 controls is one of the following: (1) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in paragraph (f) of this section. (2) A container that has been demonstrated to operate with no detectable organic emissions as defined in § 63.921 of this subpart. (3) A container that has been demonstrated within the preceding 12 months to be vapor-tight by using Method 27 in appendix A of 40 CFR part 60 in accordance with the procedure specified in § 63.925(b) of this subpart. (c) Transfer of regulated-material in to or out of a container using Container Level 2 controls shall be conducted in such a manner as to minimize exposure of the regulated-material to the atmosphere, to the extent practical, considering the physical properties of the regulated-material and good engineering and safety practices for handling flammable, ignitable, explosive, or other hazardous materials. Examples of container loading procedures that meet the requirements of this paragraph include using any one of the following: a submerged-fill pipe or other submerged-fill method to load liquids into the container; a vapor-balancing system or a vapor-recovery system to collect and control the vapors displaced from the container during filling operations; or a fitted opening in the top of a container through which the regulated-material is filled, with subsequent purging of the transfer line before removing it from the container opening. (d) Whenever a regulated-material is in a container using Container Level 2 controls, the owner or operator shall install all covers and closure devices for the container, and secure and maintain each closure device in the closed position except as follows: (1) Opening of a closure device or cover is allowed for the purpose of adding material to the container as follows: (i) In the case when the container is filled to the intended final level in one continuous operation, the owner or operator shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation. (ii) In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level, the completion of a batch loading after which no additional material will be added to the container within 15 minutes, the person performing the loading operation leaves the immediate vicinity of the container, or the shutdown of the process generating the material being added to the container, whichever condition occurs first. (2) Opening of a closure device or cover is allowed for the purpose of removing material from the container as follows: (i) For the purpose of meeting the requirements of this section, an empty container as defined in § 63.921 of this subpart may be open to the atmosphere at any time (e.g., covers and closure devices are not required to be secured in the closed position on an empty container). (ii) In the case when discrete quantities or batches of material are removed from the container but the container does not meet the conditions to be an empty container as defined in § 63.921 of this subpart, the owner or operator shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first. (3) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of regulated-material. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable to the container. (4) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the container internal pressure in accordance with the container design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the container internal pressure is within the internal pressure operating range determined by the owner or operator based on container manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, combustible, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the container internal pressure exceeds the internal pressure operating range for the container as a result of loading operations or diurnal ambient temperature fluctuations. (5) Opening of a safety device, as defined in § 63.921 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (e) The owner or operator shall inspect containers using Container Level 2 controls in accordance with the procedures specified in § 63.926(a) of this subpart. (f) For the purpose of compliance with paragraph (b)(1) of this section, containers shall be used that meet the applicable U.S. DOT regulations on packaging hazardous materials for transportation as follows: (1) The container meets the applicable requirements specified in 49 CFR part 178—Specifications for Packagings or 49 CFR part 179—Specifications for Tank Cars. (2) Regulated-material is managed in the container in accordance with the applicable requirements specified in 49 CFR part 107 subpart B—Exemptions; 49 CFR part 172—Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements; 49 CFR part 173—Shippers—General Requirements for Shipments and Packaging; and 49 CFR part 180—Continuing Qualification and Maintenance of Packagings. (3) For the purpose of complying with this subpart, no exceptions to the 49 CFR part 178 or part 179 regulations are allowed except as provided for in paragraph (f)(4) of this section. (4) For a lab pack that is managed in accordance with the requirements of 49 CFR part 178 for the purpose of complying with this subpart, an owner or operator may comply with the exceptions for those packagings specified in 49 CFR 173.12(b). § 63.924 Standards—Container Level 3 controls. (a) This section applies to owners and operators subject to this subpart and required to control air emissions from containers using Container Level 3 controls. (b) A container using Container Level 3 controls is one of the following: (1) A container that is vented directly through a closed-vent system to a control device in accordance with the requirements of paragraphs (c)(2) of this section. (2) A container that is vented inside an enclosure which is exhausted through a closed-vent system to a control device in accordance with the requirements of paragraphs (c)(1) and (c)(2) of this section. (c) The owner or operator shall meet the following requirements as applicable to the type of air emission control equipment selected by the owner or operator: (1) The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of containers through the enclosure by conveyor or other mechanical means; entry of permanent mechanical or electrical equipment; or to direct airflow into the enclosure. The owner or operator shall perform the verification procedure for the enclosure as specified in Section 5.0 to “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually. (2) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 63.693. (d) Safety devices, as defined in § 63.921 of this subpart, may be installed and operated as necessary on any container, enclosure, closed-vent system, or control device used to comply with this section. [61 FR 34184, July 1, 1996, as amended at 66 FR 1267, Jan. 8, 2001] § 63.925 Test methods and procedures. (a) Procedures for determining no detectable organic emissions for the purpose of complying with this subpart. (1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve. (2) The test shall be performed when the unit contains a material having a total organic concentration representative of the range of concentrations for the materials expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the material placed in the unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (5) Calibration gases shall be as follows: (i) Zero air (less than 10 ppmv hydrocarbon in air); and (ii) A mixture of methane or n-hexane in air at a concentration of approximately, but less than 10,000 ppmv. (6) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (a)(6) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (9) A potential leak interface is determined to operate with no detectable emissions using the applicable criteria specified in paragraphs (a)(9)(i) and (a)(9)(ii) of this section. (i) For a potential leak interface other than a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 500 ppmv. (ii) For a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 10,000 ppmv. (b) Procedure for determining a container to be vapor-tight for the purpose of complying with this subpart. (1) The test shall be performed in accordance with Method 27 of 40 CFR part 60, appendix A of this chapter. (2) A pressure measurement device shall be used that has a precision of ±2.5 mm water and that is capable of measuring above the pressure at which the container is to be tested for vapor tightness. (3) If the test results determined by Method 27 indicate that the container sustains a pressure change less than or equal to 750 Pascals within 5 minutes after it is pressurized to a minimum of 4,500 Pascals, then the container is determined to be vapor-tight. [61 FR 34186, July 1, 1996, as amended at 64 FR 38987, July 20, 1999] § 63.926 Inspection and monitoring requirements. (a) Owners and operators of containers using either Container Level 1 or Container Level 2 controls in accordance with the provisions of § 63.922 and § 63.923 of this subpart, respectively, shall inspect the container and its cover and closure devices as follows: (1) In the case when a regulated-material already is in the container at the time the owner or operator first accepts possession of the container at the facility site and the container is not emptied (i.e., does not meet the conditions for an empty container as defined in § 63.921 of this subpart) within 24 hours after the container has been accepted at the facility site, the container and its cover and closure devices shall be visually inspected by the owner or operator to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. This inspection of the container must be conducted on or before the date that the container is accepted at the facility (i.e., the date that the container becomes subject to the standards under this subpart). For the purpose of this requirement, the date of acceptance is the date of signature of the facility owner or operator on the manifest or shipping papers accompanying the container. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (a)(3) of this section. (2) In the case when a container filled or partially filled with regulated-material remains unopened at the facility site for a period of 1 year or more, the container and its cover and closure devices shall be visually inspected by the owner or operator initially and thereafter, at least once every calendar year, to check for visible cracks, holes, gaps, or other open spaces into the interior of the container when the cover and closure devices are secured in the closed position. If a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (a)(3) of this section. (3) When a defect is detected for the container, cover, or closure devices, the owner or operator must either empty the regulated-material from the defective container in accordance with paragraph (a)(3)(i) of this section or repair the defective container in accordance with paragraph (a)(3)(ii) of this section. (i) If the owner or operator elects to empty the regulated-material from the defective container, the owner or operator must remove the regulated-material from the defective container to meet the conditions for an empty container (as defined in § 63.921 of this subpart) and transfer the removed regulated-material to either a container that meets the applicable standards under this subpart or to a tank, process, or treatment unit that meets the applicable standards under the subpart referencing this subpart. Transfer of the regulated-material must be completed no later than 5 calendar days after detection of the defect. The emptied defective container must be either repaired, destroyed, or used for purposes other than management of regulated-material. (ii) If the owner or operator elects not to empty the regulated-material from the defective container, the owner or operator must repair the defective container. First efforts at repair of the defect must be made no later than 24 hours after detection and repair must be completed as soon as possible but no later than 5 calendar days after detection. If repair of a defect cannot be completed within 5 calendar days, then the regulated-material must be emptied from the container and the container must not be used to manage regulated-material until the defect is repaired. (b) Owners and operators using Container Level 3 controls in accordance with the provisions of § 63.924 of this subpart shall inspect and monitor the closed-vent systems and control devices in accordance with the requirements of § 63.693 in 40 CFR part 63, Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. [61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999] § 63.927 Recordkeeping requirements. (a) Owners and operators that use Container Level 3 controls in accordance with the provisions of § 63.924 of this subpart shall prepare and maintain the following records: (1) Records for the most recent set of calculations and measurements performed by the owner or operator to verify that the enclosure meets the criteria of a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” under 40 CFR 52.741, appendix B. (2) Records required for the closed-vent system and control device in accordance with the requirements of § 63.693 in 40 CFR part 63, Subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. (b) [Reserved] § 63.928 Reporting requirements. (a) For owners and operators that use Container Level 3 controls in accordance with the provisions of § 63.924 of this subpart, the owner or operator shall prepare and submit to the Administrator the reports required for closed-vent systems and control devices in accordance with the requirements of § 63.693 in 40 CFR part 63, Subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. (b) [Reserved] § 63.929 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.920 and 63.922 through 63.924. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37355, June 23, 2003] Subpart QQ—National Emission Standards for Surface Impoundments Source: 61 FR 34190, July 1, 1996, unless otherwise noted. § 63.940 Applicability. The provisions of this subpart apply to the control of air emissions from surface impoundments for which another subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart for such air emission control. These air emission standards for surface impoundments are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the other subparts that reference this subpart. The provisions of 40 CFR part 63, subpart AA—General Provisions do not apply to this subpart except as noted in the subpart that references this subpart. § 63.941 Definitions. All terms used in this subpart shall have the meaning given to them in the Act and in this section. If a term is defined in both this section and in another subpart that references the use of this subpart, then the definition in this subpart shall take precedence when implementing this subpart. Closure device Cover No detectable organic emissions Regulated-material Safety device Surface impoundment [61 FR 34186, July 1, 1996, as amended at 64 FR 38988, July 20, 1999] § 63.942 Standards—Surface impoundment floating membrane cover. (a) This section applies to owners and operators subject to this subpart and controlling air emissions from a surface impoundment using a floating membrane cover. (b) The surface impoundment shall be equipped with a floating membrane cover designed to meet the following specifications: (1) The floating membrane cover shall be designed to float on the liquid surface during normal operations, and form a continuous barrier over the entire surface area of the liquid. (2) The cover shall be fabricated from a synthetic membrane material that is either: (i) High density polyethylene (HDPE) with a thickness no less than 2.5 millimeters (mm); or (ii) A material or a composite of different materials determined to have both organic permeability properties that are equivalent to those of the material listed in paragraph (b)(2)(i) of this section; and chemical and physical properties that maintain the material integrity for the intended service life of the material. (3) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings. (4) Except as provided for in paragraph (b)(5) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. (5) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal. (6) The closure devices shall be made of suitable materials that will minimize exposure of the regulated-material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the cover and closure devices shall include: organic vapor permeability; the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed. (c) Whenever a regulated-material is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position except as follows: (1) Opening of closure devices or removal of the cover is allowed at the following times: (i) To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly replace the cover and secure the closure device in the closed position, as applicable. (ii) To remove accumulated sludge or other residues from the bottom of surface impoundment. (2) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the pressure in the vapor headspace underneath the cover in accordance with the cover design specifications. The device shall be designed to operate with no detectable organic emissions as defined in § 63.941 of this subpart when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the cover vapor headspace pressure is within the pressure operating range determined by the owner or operator based on the cover manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitible, explosive, reactive, or hazardous materials. (3) Opening of a safety device, as defined in § 63.941 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect the floating membrane cover in accordance with the procedures specified in § 63.946(a) of this subpart. § 63.943 Standards—Surface impoundment vented to control device. (a) This section applies to owners and operators subject to this subpart and controlling air emissions from a surface impoundment using a cover and venting the vapor headspace underneath the cover through a closed-vent system to a control device. (b) The surface impoundment shall be covered by a cover and vented directly through a closed-vent system to a control device in accordance with the following requirements: (1) The cover and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the surface impoundment. (2) Each opening in the cover not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the cover is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the cover is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions using the procedure specified in § 63.945(a) of this subpart. (3) The cover and its closure devices shall be made of suitable materials that will minimize exposure of the regulated-material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the cover and closure devices shall include: organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the cover is installed. (4) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 63.693 in 40 CFR part 63, subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. (c) Whenever a regulated-material is in the surface impoundment, the cover shall be installed with each closure device secured in the closed position and the vapor headspace underneath the cover vented to the control device except as follows: (1) Venting to the control device is not required, and opening of closure devices or removal of the cover is allowed at the following times: (i) To provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the surface impoundment, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the surface impoundment. (ii) To remove accumulated sludge or other residues from the bottom of surface impoundment. (2) Opening of a safety device, as defined in § 63.941 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the procedures specified in § 63.946(b) of this subpart. § 63.944 [Reserved] § 63.945 Test methods and procedures. (a) Procedure for determining no detectable organic emissions for the purpose of complying with this subpart. (1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve. (2) The test shall be performed when the unit contains a material having a total organic concentration representative of the range of concentrations for the materials expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the material placed in the unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (5) Calibration gases shall be as follows: (i) Zero air (less than 10 ppmv hydrocarbon in air); and (ii) A mixture of methane or n-hexane in air at a concentration of approximately, but less than 10,000 ppmv. (6) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (a)(6) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (9) A potential leak interface is determined to operate with no detectable emissions using the applicable criteria specified in paragraphs (a)(9)(i) and (a)(9)(ii) of this section. (i) For a potential leak interface other than a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 500 ppmv. (ii) For a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 10,000 ppmv. (b) [Reserved] [64 FR 38988, July 20, 1999] § 63.946 Inspection and monitoring requirements. (a) Owners and operators that use a surface impoundment equipped with a floating membrane cover in accordance with the provisions of § 63.942 of this subpart shall meet the following requirements: (1) The floating membrane cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or between the interface of the cover edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (2) The owner or operator must perform an initial inspection following installation of the floating membrane cover. Thereafter, the owner or operator must perform the inspections at least once per calendar year except as provided for in paragraph (d) of this section. (3) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c) of this section. (4) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.947(a)(2) of this subpart. (b) Owners and operators that use a surface impoundment equipped with a cover and vented through a closed-vent system to a control device in accordance with the provisions of § 63.943 of this subpart shall inspect the air emission control equipment as follows: (1) The owner or operator shall visually inspect the cover in accordance with the following requirements: (i) The cover and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the interface of the roof edge and its foundation mountings; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (ii) The owner or operator must perform an initial inspection following installation of the cover. Thereafter, the owner or operator must perform the inspections at least once per calendar year except as provide for in paragraph (d) of this section. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (c) of this section. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.947(a)(2) of this subpart. (2) The owner or operator shall inspect and monitor the closed-vent system and the control device in accordance with the requirements specified in § 63.693 in 40 CFR part 63 subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. (c) The owner or operator shall repair all detected defects as follows: (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (c)(2) of this section. (2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the surface impoundment and no alternative surface impoundment or tank capacity is available at the site to accept the regulated-material normally managed in the surface impoundment. In this case, the owner or operator shall repair the defect at the next time the process or unit that is generating the regulated-material managed in the surface impoundment stops operation. Repair of the defect shall be completed before the process or unit resumes operation. (3) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.947 of this subpart. (d) Alternative inspection and monitoring interval. (1) The owner or operator must prepare and maintain at the plant site written documentation identifying the specific air pollution control equipment designated as “unsafe to inspect and monitor.” The documentation must include for each piece of air pollution control equipment designated as such a written explanation of the reasons why the equipment is unsafe to inspect or monitor using the applicable procedures under this section. (2) The owner or operator must develop and implement a written plan and schedule to inspect and monitor the air pollution control equipment using the applicable procedures specified in this section during times when a worker can safely access the air pollution control equipment. The required inspections and monitoring must be performed as frequently as practicable but do not need to be performed more frequently than the periodic schedule that would be otherwise applicable to the air pollution control equipment under the provisions of this section. A copy of the written plan and schedule must be maintained at the plant site. [61 FR 34186, July 1, 1996, as amended at 64 FR 38989, July 20, 1999] § 63.947 Recordkeeping requirements. (a) Each owner or operator shall prepare and maintain the following records: (1) Documentation describing the floating membrane cover or cover design, as applicable to the surface impoundment. (2) A record for each inspection required by § 63.946 of this subpart that includes the following information: a surface impoundment identification number (or other unique identification description as selected by the owner or operator) and the date of inspection. (3) The owner or operator shall record for each defect detected during inspections required by § 63.946 of this subpart the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 63.946(c)(2) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. (b) Owners and operators that use a surface impoundment equipped with a fixed-roof and vented through a closed-vent system to a control device in accordance with the provisions of § 63.943 of this subpart shall prepare and maintain the records required for the closed-vent system and control device in accordance with the requirements of § 63.693 in 40 CFR part 63, subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. § 63.948 Reporting requirements. Owners and operators that use a surface impoundment equipped with a fixed-roof and vented through a closed-vent system to a control device in accordance with the provisions of § 63.943 of this subpart shall prepare and submit to the Administrator the reports required for closed-vent systems and control devices in accordance with the requirements of § 63.693 in 40 CFR part 63, subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. § 63.949 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.940, 63.942, and 63.943. Where these standards reference subpart DD, the cited provisions will be delegated according to the delegation provisions of subpart DD. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37355, June 23, 2003] Subpart RR—National Emission Standards for Individual Drain Systems Source: 61 FR 34193, July 1, 1996, unless otherwise noted. § 63.960 Applicability. (a) The provisions of this subpart apply to the control of air emissions from individual drain systems for which another subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart for such air emission control. These air emission standards for individual drain systems are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the other subparts that reference this subpart. The provisions of 40 CFR part 63, subpart A—General Provisions do not apply to this subpart except as noted in the subpart that references this subpart. (b) [Reserved] § 63.961 Definitions. All terms used in this subpart shall have the meaning given to them in the Act and in this section. If a term is defined in both this section and in another subpart that references the use of this subpart, then the definition in this subpart shall take precedence when implementing this subpart. Closure device Hard-piping Individual drain system Junction box Regulated-material Sewer line Waste management unit Water seal [61 FR 34193, July 1, 1996, as amended at 64 FR 38989, July 20, 1999] § 63.962 Standards. (a) The owner or operator subject to this subpart shall control air emissions from the individual drain system using one or a combination of the following: (1) Covers, water seals, and other air emission control equipment as specified in paragraph (b) of this section. (2) Hard-piping. (3) Venting of the individual drain system through a closed vent system to a control device in accordance with the following requirements: (i) The individual drain system is designed and operated such that an internal pressure in the vapor headspace in the system is maintained at a level less than atmospheric pressure when the control device is operating, and (ii) The closed vent system and control device are designed and operated in accordance with the requirements of § 63.693 in 40 CFR part 63, subpart DD—National Emission Standards for Hazardous Air Pollutant Standards from Off-Site Waste and Recovery Operations. (b) Owners and operators controlling air emissions from an individual drain system in accordance with paragraph (a)(1) of this section shall meet the following requirements: (1) The individual drain system shall be designed to segregate the organic vapors from regulated material managed in the controlled individual drain system from entering any other individual drain system that is not controlled for air emissions in accordance with the standards specified in this subpart. (2) Drain control requirements. (i) When a water seal is used, the water seal shall be designed such that either: (A) The outlet to the pipe discharging the regulated-material extends below the liquid surface in the water seal of the drain; or (B) A flexible shield or other device is installed which restricts wind motion across the open space between the outlet of the pipe discharging the regulated material and the drain. (ii) When a closure device is used (e.g., securing a cap or plug on a drain that is not receiving regulated-material), the closure device shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the drain opening and the closure device. (3) Junction box control requirements. (i) The junction box shall be equipped with a closure device (e.g., manhole cover, access hatch) that is designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the junction box opening and the closure device. (ii) If the junction box is vented, the junction box shall be vented in accordance with the following requirements: (A) The junction box shall be vented through a closed vent system to a control device except as provided for in paragraph (b)(3)(ii)(B) of this section. The closed vent system and control device shall be designed and operated in accordance with the standards specified in § 63.693. (B) As an alternative to paragraph (b)(3)(ii)(A) of this section, the owner or operator may vent the junction box directly to the atmosphere when all of the following conditions are met: ( 1 ( 2 ( 3 (4) Sewer line control requirements. (5) Operating requirements. (i) Each closure device shall be maintained in a closed position whenever regulated-material is in the individual drain system except when it is necessary to remove or open the closure device for sampling or removing material in the individual drain system, or for equipment inspection, maintenance, or repair. (ii) Each drain equipped with a water seal and open to the atmosphere shall be operated to ensure that the liquid in the water seal is maintained at the appropriate level. Examples of acceptable means for complying with this provision include but are not limited to using a flow-monitoring device indicating positive flow from a main to a branch water line supplying a trap; continuously dripping water into the trap using a hose; or regular visual observations. (iii) Each closed-vent system and the control device used to comply with paragraph (b)(3)(ii)(A) of this section shall be operated in accordance with the standards specified in 40 CFR 63.693. [61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999; 66 FR 1267, Jan. 8, 2001] § 63.963 [Reserved] § 63.964 Inspection and monitoring requirements. (a) The owner or operator shall inspect the individual drain system in accordance with the following requirements: (1) The individual drain system shall be visually inspected by the owner or operator as follows to check for defects that could result in air emissions to the atmosphere. (i) The owner or operator shall visually inspect each drain as follows: (A) In the case when the drain is using a water seal to control air emissions, the owner or operator shall verify appropriate liquid levels are being maintained and identify any other defects that could reduce water seal control effectiveness. (B) In the case when the drain is using a closure device to control air emissions, the owner or operator shall visually inspect each drain to verify that the closure device is in place and there are no defects. Defects include, but are not limited to, visible cracks, holes, or gaps in the closure devices; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing plugs, caps, or other closure devices. (ii) The owner or operator shall visually inspect each junction box to verify that closure devices are in place and there are no defects. Defects include, but are not limited to, visible cracks, holes, or gaps in the closure devices; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (iii) The owner or operator shall visually inspect the unburied portion of each sewer line to verify that all closure devices are in place and there are no defects. Defects include, but are not limited to, visible cracks, holes, gaps, or other open spaces in the sewer line joints, seals, or other emission interfaces. (iv) The owner or operator shall perform the inspections initially at the time of installation of the water seals and closure devices for the individual drain system and, thereafter, at least once every year. (v) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (b) of this section. (vi) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.965(a) of this subpart. (2) The owner or operator shall inspect and monitor the closed-vent system and the control device in accordance with the requirements specified in § 63.693 in 40 CFR 63 subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. (b) The owner or operator shall repair all detected defects as follows: (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 15 calendar days after detection except as provided in paragraph (b)(2) of this section. (2) Repair of a defect may be delayed beyond 15 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the individual drain system and no alternative capacity is available at the facility site to accept the regulated-material normally managed in the individual drain system. In this case, the owner or operator shall repair the defect the next time the process or unit that is generating the regulated-material managed in the individual drain system stops operation. Repair of the defect shall be completed before the process or unit resumes operation. (3) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.965(a)(3) of this subpart. [61 FR 34193, July 1, 1996, as amended at 64 FR 38990, July 20, 1999] § 63.965 Recordkeeping requirements. (a) Each owner or operator complying with § 63.962(a)(1) of this subpart shall prepare and maintain the following records: (1) A written site-specific individual drain system inspection plan that includes a drawing or schematic of the individual drain system and identifies each drain, junction box, and sewer line location. (2) A record of the date that each inspection required by § 63.964(a) of this subpart is performed. (3) When applicable, a record for each defect detected during inspections required by § 63.964(a) of this subpart that includes the following information: the location of the defect, a description of the defect, the date of detection, the corrective action taken to repair the defect, and the date that the corrective action was completed. In the event that repair of the defect is delayed in accordance with the provisions of § 63.964(b)(2) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. (b) Owners and operators that use a closed-vent system and a control device in accordance with the provisions of § 63.962 shall prepare and maintain the records required for the closed-vent system and control device in accordance with the requirements of § 63.693. [61 FR 34193, July 1, 1996, as amended at 64 FR 38991, July 20, 1999; 66 FR 1267, Jan. 8, 2001] § 63.966 Reporting requirements. Owners and operators that use a closed-vent system and a control device in accordance with the provisions of § 63.962 shall prepare and submit to the Administrator the reports required for closed-vent systems and control devices in accordance with the requirements of § 63.693. [66 FR 1267, Jan. 8, 2001] § 63.967 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.960 and 63.962. Where these standards reference subpart DD, the cited provisions will be delegated according to the delegation provisions subpart DD of this part. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37355, June 23, 2003] Subpart SS—National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process Source: 64 FR 34866, June 29, 1999, unless otherwise noted. § 63.980 Applicability. The provisions of this subpart include requirements for closed vent systems, control devices and routing of air emissions to a fuel gas system or process. These provisions apply when another subpart references the use of this subpart for such air emission control. These air emission standards are placed here for administrative convenience and only apply to those owners and operators of facilities subject to a referencing subpart. The provisions of 40 CFR part 63, subpart A (General Provisions) do not apply to this subpart except as specified in a referencing subpart. § 63.981 Definitions. Alternative test method Boiler By compound Closed vent system Closed vent system shutdown Combustion device Continuous parameter monitoring system Continuous record Control device Control System Day Ductwork Final recovery device First attempt at repair, Flame zone Flow indicator Fuel gas Fuel gas system Hard-piping High throughput transfer rack Incinerator Low throughput transfer rack Operating parameter value Organic monitoring device Owner or operator Performance level Performance test Primary fuel Process heater Recapture device Recovery device Recovery operations equipment Referencing subpart Regulated material, Regulated source Repaired, Routed to a process or route to a process Run Secondary fuel Sensor Specific gravity monitoring device Supplemental combustion air Temperature monitoring device [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46277, July 12, 2002] § 63.982 Requirements. (a) General compliance requirements for storage vessels, process vents, transfer racks, and equipment leaks. (1) Storage vessels. (2) Process vents. (3) Transfer racks. (ii) For high throughput transfer racks, the owner or operator shall comply with the applicable provisions of paragraphs (b), (c)(2), and (d) of this section. (4) Equipment leaks. (b) Closed vent system and flare. (c) Closed vent system and nonflare control device. (1) For storage vessels and low throughput transfer racks, the owner or operator shall meet the requirements in § 63.985 for nonflare control devices and the monitoring, recordkeeping, and reporting requirements referenced therein. No other provisions of this subpart apply to low throughput transfer rack emissions or storage vessel emissions vented through a closed vent system to a nonflare control device unless specifically required in the monitoring plan submitted under § 63.985(c). (2) For process vents and high throughput transfer racks, the owner or operator shall meet the requirements applicable to the control devices being used in § 63.988, § 63.990 or § 63.995; the applicable general monitoring requirements of § 63.996 and the applicable performance test requirements and procedures of § 63.997; and the monitoring, recordkeeping and reporting requirements referenced therein. Owners or operators subject to halogen reduction device requirements under a referencing subpart must also comply with § 63.994 and the monitoring, recordkeeping, and reporting requirements referenced therein. The requirements of §§ 63.984 through 63.986 do not apply to process vents or high throughput transfer racks. (3) For equipment leaks, owners or operators shall meet the requirements in § 63.986 for nonflare control devices used for equipment leak emissions and the monitoring, recordkeeping, and reporting requirements referenced therein. No other provisions of this subpart apply to equipment leak emissions vented through a closed vent system to a nonflare control device. (d) Route to a fuel gas system or process. (e) Final recovery devices. (f) Combined emissions. (1) Comply with the applicable requirements of this subpart for each kind of emissions in the stream (e.g., the requirements of paragraph (a)(2) of this section for process vents, and the requirements of paragraph (a)(3) of this section for transfer racks); or (2) Comply with the first set of requirements identified in paragraphs (f)(2)(i) through (iii) of this section which applies to any individual emission stream that is included in the combined stream. Compliance with paragraphs (f)(2)(i) through (iii) of this section constitutes compliance with all other emissions requirements for other emission streams. (i) The requirements of § 63.982(a)(2) for process vents, including applicable monitoring, recordkeeping, and reporting; (ii) The requirements of § 63.982(a)(3)(ii) for high throughput transfer racks, including applicable monitoring, recordkeeping, and reporting; (iii) The requirements of § 63.982(a)(1) or (a)(3)(i) for control of emissions from storage vessels or low throughput transfer racks, including applicable monitoring, recordkeeping, and reporting. [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999] § 63.983 Closed vent systems. (a) Closed vent system equipment and operating requirements. (1) Collection of emissions. (2) Period of operation. (3) Bypass monitoring. (i) Properly install, maintain, and operate a flow indicator that is capable of taking periodic readings. Records shall be generated as specified in § 63.998(d)(1)(ii)(A). The flow indicator shall be installed at the entrance to any bypass line. (ii) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. Records shall be generated as specified in § 63.998(d)(1)(ii)(B). (4) Loading arms at transfer racks. (5) Pressure relief devices in a transfer rack's closed vent system. (b) Closed vent system inspection and monitoring requirements. (1) Except for any closed vent systems that are designated as unsafe or difficult to inspect as provided in paragraphs (b)(2) and (3) of this section, each closed vent system shall be inspected as specified in paragraph (b)(1)(i) or (ii) of this section. (i) If the closed vent system is constructed of hard-piping, the owner or operator shall comply with the requirements specified in paragraphs (b)(1)(i)(A) and (B) of this section. (A) Conduct an initial inspection according to the procedures in paragraph (c) of this section; and (B) Conduct annual inspections for visible, audible, or olfactory indications of leaks. (ii) If the closed vent system is constructed of ductwork, the owner or operator shall conduct an initial and annual inspection according to the procedures in paragraph (c) of this section. (2) Any parts of the closed vent system that are designated, as described in § 63.998(d)(1)(i), as unsafe to inspect are exempt from the inspection requirements of paragraph (b)(1) of this section if the conditions of paragraphs (b)(2)(i) and (ii) of this section are met. (i) The owner or operator determines that the equipment is unsafe-to-inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (b)(1) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practical during safe-to-inspect times. Inspection is not required more than once annually. (3) Any parts of the closed vent system that are designated, as described in § 63.998(d)(1)(i), as difficult-to-inspect are exempt from the inspection requirements of paragraph (b)(1) of this section if the provisions of paragraphs (b)(3)(i) and (ii) of this section apply. (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters (7 feet) above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (4) For each bypass line, the owner or operator shall comply with paragraph (b)(4)(i) or (ii) of this section. (i) If a flow indicator is used, take a reading at least once every 15 minutes. (ii) If the bypass line valve is secured in the non-diverting position, visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the non-diverting position, and the vent stream is not diverted through the bypass line. (c) Closed vent system inspection procedures. (1) Each closed vent system subject to this paragraph shall be inspected according to the procedures specified in paragraphs (c)(1)(i) through (vii) of this section. (i) Inspections shall be conducted in accordance with Method 21 of 40 CFR part 60, appendix A, except as specified in this section. (ii) Except as provided in (c)(1)(iii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 must be for the representative composition of the process fluid and not of each individual VOC in the stream. For process streams that contain nitrogen, air, water, or other inerts that are not organic HAP or VOC, the representative stream response factor must be determined on an inert-free basis. The response factor may be determined at any concentration for which the monitoring for leaks will be conducted. (iii) If no instrument is available at the plant site that will meet the performance criteria of Method 21 specified in paragraph (c)(1)(ii) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid, calculated on an inert-free basis as described in paragraph (c)(1)(ii) of this section. (iv) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (v) Calibration gases shall be as specified in paragraphs (c)(1)(v)(A) through (C) of this section. (A) Zero air (less than 10 parts per million hydrocarbon in air); and (B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (c)(1)(ii) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (C) If the detection instrument's design allows for multiple calibration scales, then the lower scale shall be calibrated with a calibration gas that is no higher than 2,500 parts per million. (vi) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects not to adjust readings for background, all such instrument readings shall be compared directly to 500 parts per million to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in this section. The owner or operator shall subtract the background reading from the maximum concentration indicated by the instrument. (vii) If the owner or operator elects to adjust for background, the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining whether there is a leak. (2) The instrument probe shall be traversed around all potential leak interfaces as described in Method 21 of 40 CFR part 60, appendix A. (3) Except as provided in paragraph (c)(4) of this section, inspections shall be performed when the equipment is in regulated material service, or in use with any other detectable gas or vapor. (4) Inspections of the closed vent system collecting regulated material from a transfer rack shall be performed only while a tank truck or railcar is being loaded or is otherwise pressurized to normal operating conditions with regulated material or any other detectable gas or vapor. (d) Closed vent system leak repair provisions. (1) If there are visible, audible, or olfactory indications of leaks at the time of the annual visual inspections required by paragraph (b)(1)(i)(B) of this section, the owner or operator shall follow the procedure specified in either paragraph (d)(1)(i) or (ii) of this section. (i) The owner or operator shall eliminate the leak. (ii) The owner or operator shall monitor the equipment according to the procedures in paragraph (c) of this section. (2) Leaks, as indicated by an instrument reading greater than 500 parts per million by volume above background or by visual inspections, shall be repaired as soon as practical, except as provided in paragraph (d)(3) of this section. Records shall be generated as specified in § 63.998(d)(1)(iii) when a leak is detected. (i) A first attempt at repair shall be made no later than 5 days after the leak is detected. (ii) Except as provided in paragraph (d)(3) of this section, repairs shall be completed no later than 15 days after the leak is detected or at the beginning of the next introduction of vapors to the system, whichever is later. (3) Delay of repair of a closed vent system for which leaks have been detected is allowed if repair within 15 days after a leak is detected is technically infeasible or unsafe without a closed vent system shutdown, as defined in § 63.981, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of such equipment shall be completed as soon as practical, but not later than the end of the next closed vent system shutdown. [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46277, July 12, 2002] § 63.984 Fuel gas systems and processes to which storage vessel, transfer rack, or equipment leak regulated material emissions are routed. (a) Equipment and operating requirements for fuel gas systems and processes. (2) The owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure relief device in the transfer rack's system returning vapors to a fuel gas system or process shall open to the atmosphere during loading. Pressure relief devices needed for safety purposes are not subject to this paragraph. (b) Fuel gas system and process compliance assessment. (2) If emissions are routed to a process, the regulated material in the emissions shall meet one or more of the conditions specified in paragraphs (b)(2)(i) through (iv) of this section. The owner or operator of storage vessels subject to this paragraph shall comply with the compliance demonstration requirements in paragraph (b)(3) of this section. (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not regulated materials; (iii) Incorporated into a product; and/or (iv) Recovered. (3) To demonstrate compliance with paragraph (b)(2) of this section for a storage vessel, the owner or operator shall prepare a design evaluation (or engineering assessment) that demonstrates the extent to which one or more of the conditions specified in paragraphs (b)(2)(i) through (iv) of this section are being met. (c) Statement of connection. § 63.985 Nonflare control devices used to control emissions from storage vessels and low throughput transfer racks. (a) Nonflare control device equipment and operating requirements. (b) Nonflare control device design evaluation or performance test requirements. (1) Design evaluation or performance test results. (i) Design evaluation. (A) The efficiency determination is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device. (B) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C is used to meet an emission reduction requirement specified in a referencing subpart for storage vessels and transfer racks, documentation that those conditions exist is sufficient to meet the requirements of paragraph (b)(1)(i) of this section. (C) Except as provided in paragraph (b)(1)(i)(B) of this section for enclosed combustion devices, the design evaluation shall include the estimated autoignition temperature of the stream being combusted, the flow rate of the stream, the combustion temperature, and the residence time at the combustion temperature. (D) For carbon adsorbers, the design evaluation shall include the estimated affinity of the regulated material vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity, the temperature, the flow rate of the inlet stream and, if applicable, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included. (E) For condensers, the design evaluation shall include the final temperature of the stream vapors, the type of condenser, and the design flow rate of the emission stream. (ii) Performance test. (A) The performance test will demonstrate that the control device achieves greater than or equal to the required control device performance level specified in a referencing subpart for storage vessels or transfer racks; and (B) The performance test meets the applicable performance test requirements and the results are submitted as part of the Notification of Compliance Status as specified in § 63.999(b)(2). (2) Exceptions. (i) A boiler or process heater with a design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater. (ii) A boiler or process heater burning hazardous waste for which the owner or operator meets the requirements specified in paragraph (b)(2)(ii)(A) or (B) of this section. (A) The boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or (B) The boiler or process heater has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (iii) A hazardous waste incinerator for which the owner or operator meets the requirements specified in paragraph (b)(2)(iii)(A) or (B) of this section. (A) The incinerator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O; or (B) The incinerator has certified compliance with the interim status requirements of 40 CFR part 265, subpart O; or (iv) A boiler or process heater into which the vent stream is introduced with the primary fuel. (3) Prior design evaluations or performance tests. (c) Nonflare control device monitoring requirements. (2) The owner or operator shall monitor the parameters specified in the Notification of Compliance Status or in the operating permit application or amendment. Records shall be generated as specified in § 63.998(d)(2)(i). § 63.986 Nonflare control devices used for equipment leaks only. (a) Equipment and operating requirements. (2) Control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Performance test requirements. (c) Monitoring requirements. § 63.987 Flare requirements. (a) Flare equipment and operating requirements. (b) Flare compliance assessment. (2) [Reserved] (3) Flare compliance assessments shall meet the requirements specified in paragraphs (b)(3)(i) through (iv) of this section. (i) Method 22 of appendix A of part 60 shall be used to determine the compliance of flares with the visible emission provisions of this subpart. The observation period is 2 hours, except for transfer racks as provided in (b)(3)(i)(A) or (B) of this section. (A) For transfer racks, if the loading cycle is less than 2 hours, then the observation period for that run shall be for the entire loading cycle. (B) For transfer racks, if additional loading cycles are initiated within the 2-hour period, then visible emissions observations shall be conducted for the additional cycles. (ii) The net heating value of the gas being combusted in a flare shall be calculated using Equation 1: Where: H T K 1 −7 −1 n = number of sample components; D j 1 3 H j (iii) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in unit of standard temperature and pressure), as determined by Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate, by the unobstructed (free) cross sectional area of the flare tip. (iv) Flare flame or pilot monitors, as applicable, shall be operated during any flare compliance assessment. (c) Flare monitoring requirements. [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46277, July 12, 2002; 85 FR 40417, July 6, 2020] § 63.988 Incinerators, boilers, and process heaters. (a) Equipment and operating requirements. (2) Incinerators, boilers, or process heaters used to comply with the provisions of a referencing subpart and this subpart shall be operated at all times when emissions are vented to them. (3) For boilers and process heaters, the vent stream shall be introduced into the flame zone of the boiler or process heater. (b) Performance test requirements. (2) An owner or operator is not required to conduct a performance test when any of the control devices specified in paragraphs (b)(2)(i) through (iv) of this section are used. (i) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O; (ii) A boiler or process heater with a design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater; (iii) A boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel; or (iv) A boiler or process heater burning hazardous waste for which the owner or operator meets the requirements specified in paragraph (b)(2)(iv)(A) or (B) of this section. (A) The boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (B) The boiler or process heater has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (c) Incinerator, boiler, and process heater monitoring requirements. (1) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the fire box or in the ductwork immediately downstream of the fire box in a position before any substantial heat exchange occurs. (2) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (3) Where a boiler or process heater of less than 44 megawatts (150 million British thermal units per hour) design heat input capacity is used and the regulated vent stream is not introduced as or with the primary fuel, a temperature monitoring device shall be installed in the fire box. § 63.989 [Reserved] § 63.990 Absorbers, condensers, and carbon adsorbers used as control devices. (a) Equipment and operating requirements. (2) Absorbers, condensers, and carbon adsorbers used to comply with the provisions of a referencing subpart and this subpart shall be operated at all times when emissions are vented to them. (b) Performance test requirements. (c) Monitoring requirements. (1) Where an absorber is used, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device, each capable of providing a continuous record, shall be used. If the difference between the specific gravity of the saturated scrubbing fluid and specific gravity of the fresh scrubbing fluid is less than 0.02 specific gravity units, an organic monitoring device capable of providing a continuous record shall be used. (2) Where a condenser is used, a condenser exit (product side) temperature monitoring device capable of providing a continuous record shall be used. (3) Where a carbon adsorber is used, an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle, shall be used. § 63.991 [Reserved] § 63.992 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (1) Approval of alternatives to the nonopacity emissions standards in §§ 63.983(a) and (d), 63.984, 63.985(a), 63.986(a), 63.987(a), 63.988(a), 63.990(a), 63.993(a), 63.994(a), and 63.995(a) under § 63.6(g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) [Reserved] (3) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. [67 FR 46277, July 12, 2002] § 63.993 Absorbers, condensers, carbon adsorbers and other recovery devices used as final recovery devices. (a) Final recovery device equipment and operating requirements. (2) Recovery devices used to comply with the provisions of a referencing subpart and this subpart shall be operated at all times when emissions are vented to them. (b) Recovery device performance test requirements. (c) Recovery device monitoring requirements. (2) Where a condenser is the final recovery device in the recovery system and the TRE index value is between the level specified in a referencing subpart and 4.0, an organic monitoring device capable of providing a continuous record or a condenser exit (product side) temperature monitoring device capable of providing a continuous record shall be used. Monitoring results shall be recorded as specified in § 63.998(b) and (c), as applicable. General requirements for monitoring and continuous parameter monitoring systems are contained in a referencing subpart and § 63.996. (3) Where a carbon adsorber is the final recovery device in the recovery system and the TRE index value is between the level specified in a referencing subpart and 4.0, an organic monitoring device capable of providing a continuous record or an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle; and a carbon-bed temperature monitoring device, capable of recording the carbon-bed temperature after each regeneration and within 15 minutes of completing any cooling cycle shall be used. Monitoring results shall be recorded as specified in § 63.998(b) and (c), as applicable. General requirements for monitoring and continuous parameter monitoring systems are contained in a referencing subpart and § 63.996. (4) If an owner or operator uses a recovery device other than those listed in this subpart, the owner or operator shall submit a description of planned monitoring, reporting and recordkeeping procedures as specified in a referencing subpart. The Administrator will approve, deny, or modify based on the reasonableness of the proposed monitoring, reporting and recordkeeping requirements as part of the review of the submission or permit application or by other appropriate means. § 63.994 Halogen scrubbers and other halogen reduction devices. (a) Halogen scrubber and other halogen reduction device equipment and operating requirements. (2) Halogen scrubbers and other halogen reduction devices used to comply with the provisions of a referencing subpart and this subpart shall be operated at all times when emissions are vented to them. (b) Halogen scrubber and other halogen reduction device performance test requirements. (2) An owner or operator of a halogen scrubber or other halogen reduction technique used to reduce the vent stream halogen atom mass emission rate prior to a combustion device to comply with a performance level specified in a referencing subpart shall determine the halogen atom mass emission rate prior to the combustion device according to the procedures specified in the referencing subpart. Records of the halogen concentration in the vent stream shall be generated as specified in § 63.998(a)(4). (c) Halogen scrubber and other halogen reduction device monitoring requirements. (i) A pH monitoring device capable of providing a continuous record shall be installed to monitor the pH of the scrubber effluent. (ii) A flow meter capable of providing a continuous record shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the procedures specified in paragraphs (c)(1)(ii)(A) through (D) of this section. (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop. (B) The owner or operator may measure the gas stream flow at the scrubber inlet. (C) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for the process unit of which it is part as specified in a referencing subpart, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to that compliance date may be utilized to comply with this subpart if it is still representative. (D) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method that will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method that will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than start-ups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in a referencing subpart. (2) Where a halogen reduction device other than a scrubber is used, the owner or operator shall follow the procedures specified in a referencing subpart in order to establish monitoring parameters. § 63.995 Other control devices. (a) Other control device equipment and operating requirements. (2) Other control devices used to comply with the provisions of a referencing subpart and this subpart shall be operated at all times when emissions are vented to them. (b) Other control device performance test requirements. (c) Other control device monitoring requirements. § 63.996 General monitoring requirements for control and recovery devices. (a) General monitoring requirements applicability. (2) Flares subject to § 63.987(c) are not subject to the requirements of this section. (3) Flow indicators are not subject to the requirements of this section. (b) Conduct of monitoring. (i) The Administrator specifies or approves the use of minor changes in methodology for the specified monitoring requirements and procedures; or (ii) The Administrator approves the use of alternatives to any monitoring requirements or procedures as provided in the referencing subpart or paragraph (d) of this section. (2) When one CPMS is used as a backup to another CPMS, the owner or operator shall report the results from the CPMS used to meet the monitoring requirements of this subpart. If both such CPMS's are used during a particular reporting period to meet the monitoring requirements of this subpart, then the owner or operator shall report the results from each CPMS for the time during the six month period that the instrument was relied upon to demonstrate compliance. (c) Operation and maintenance of continuous parameter monitoring systems. (2) The owner or operator of a regulated source shall maintain and operate each CPMS as specified in this section, or in a relevant subpart, and in a manner consistent with good air pollution control practices. (i) The owner or operator of a regulated source shall ensure the immediate repair or replacement of CPMS parts to correct “routine” or otherwise predictable CPMS malfunctions. The necessary parts for routine repairs of the affected equipment shall be readily available. (ii) If under the referencing subpart, an owner or operator has developed a start-up, shutdown, and malfunction plan, the plan is followed, and the CPMS is repaired immediately, this action shall be recorded as specified in § 63.998(c)(1)(ii)(E). (iii) The Administrator's determination of whether acceptable operation and maintenance procedures are being used for the CPMS will be based on information that may include, but is not limited to, review of operation and maintenance procedures, operation and maintenance records as specified in § 63.998(c)(1)(i) and (ii), manufacturer's recommendations and specifications, and inspection of the CPMS. (3) All CPMS's shall be installed and operational, and the data verified as specified in this subpart either prior to or in conjunction with conducting performance tests. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (4) All CPMS's shall be installed such that representative measurements of parameters from the regulated source are obtained. (5) In accordance with the referencing subpart, except for system breakdowns, repairs, maintenance periods, instrument adjustments, or checks to maintain precision and accuracy, calibration checks, and zero and span adjustments, all continuous parameter monitoring systems shall be in continuous operation when emissions are being routed to the monitored device. (6) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the control or recovery device. In order to establish the range, the information required in § 63.999(b)(3) shall be submitted in the Notification of Compliance Status or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications of § 63.997(b)(1) or a prior TRE index value determination, as applicable, or upon existing ranges or limits established under a referencing subpart. Where the regeneration stream flow and carbon bed temperature are monitored, the range shall be in terms of the total regeneration stream flow per regeneration cycle and the temperature of the carbon bed determined within 15 minutes of the completion of the regeneration cooling cycle. (d) Alternatives to monitoring requirements Alternatives to the continuous operating parameter monitoring and recordkeeping provisions. (2) Monitoring a different parameter than those listed. § 63.997 Performance test and compliance assessment requirements for control devices. (a) Performance tests and flare compliance assessments. (b) Prior test results and waivers. (1) Unless requested by the Administrator, an owner or operator is not required to conduct a performance test or flare compliance assessment under this subpart if a prior performance test or compliance assessment was conducted using the same methods specified in § 63.997(e) or § 63.987(b)(3), as applicable, and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test or compliance demonstration, with or without adjustments, reliably demonstrate compliance despite process changes. An owner or operator may request permission to substitute a prior performance test or compliance assessment by written application to the Administrator as specified in § 63.999(a)(1)(iv). (2) Individual performance tests and flare compliance assessments may be waived upon written application to the Administrator, per § 63.999(a)(1)(iii), if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, the source is being operated under an extension or waiver of compliance, or the owner or operator has requested an extension or waiver of compliance and the Administrator is still considering that request. (3) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notification is given to the owner or operator of the source. (c) Performance tests and flare compliance assessments schedule. (i) Within 180 days after the effective date of a relevant standard for a new source that has an initial start-up date before the effective date of that standard; or (ii) Within 180 days after initial start-up for a new source that has an initial start-up date after the effective date of a relevant standard; or (iii) Within 180 days after the compliance date specified in a referencing subpart for an existing source, or within 180 days after start-up of an existing source if the source begins operation after the effective date of the relevant emission standard; or (iv) Within 180 days after the compliance date for an existing source subject to an emission standard established pursuant to section 112(f) of the Act; or (v) Within 180 days after the termination date of the source's extension of compliance or a waiver of compliance for an existing source that obtains an extension of compliance under § 63.1112(a), or waiver of compliance under 40 CFR 61.11; or (vi) Within 180 days after the compliance date for a new source, subject to an emission standard established pursuant to section 112(f) of the Act, for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of the relevant standard established pursuant to section 112(f); or (vii) When the promulgated emission standard in a referencing subpart is more stringent than the standard that was proposed, the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date, or within 180 days after start-up of the source, whichever is later. If a promulgated standard in a referencing subpart is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance initially with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after start-up of the source, whichever is later, to demonstrate compliance with the promulgated standard. (2) The Administrator may require an owner or operator to conduct performance tests and compliance assessments at the regulated source at any time when the action is authorized by section 114 of the Act. (3) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a recovery device to replace an existing control device at a later date, or elects to use a different flare, nonflare control device or recovery device to replace an existing flare, nonflare control device or final recovery device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 63.999(c)(7) before implementing the change. Upon implementing the change, a compliance demonstration or performance test shall be performed according to the provisions of paragraphs (c)(3)(i) through (v) of this section, as applicable, within 180 days. The compliance assessment report shall be submitted to the Administrator within 60 days of completing the determination, as provided in § 63.999(a)(1)(ii). (i) For flares used to replace an existing control device, a flare compliance demonstration shall be performed using the methods specified in § 63.987(b); (ii) For flares used to replace an existing final recovery device that is used on an applicable process vent, the owner or operator shall comply with the applicable provisions in a referencing subpart and in this subpart; (iii) For incinerators, boilers, or process heaters used to replace an existing control device, a performance test shall be performed, using the methods specified in § 63.997; (iv) For absorbers, condensers, or carbon adsorbers used to replace an existing control device on a process vent or a transfer rack, a performance test shall be performed, using the methods specified in § 63.997; (v) For absorbers, condensers, or carbon adsorbers used to replace an existing final recovery device on a process vent, the owner or operator shall comply with the applicable provisions of a referencing subpart and this subpart; (d) Performance testing facilities. (1) Sampling ports adequate for test methods applicable to such source. This includes, as applicable, the requirements specified in (d)(1)(i) and (ii) of this section. (i) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and (ii) Providing a stack or duct free of cyclonic flow during performance tests, as demonstrated by applicable test methods and procedures; (2) Safe sampling platform(s); (3) Safe access to sampling platform(s); (4) Utilities for sampling and testing equipment; and (5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source. (e) Performance test procedures. (1) General procedures. Continuous unit operations. (ii) [Reserved] (iii) Combination of both continuous and batch unit operations. (A) Causing damage to equipment; (B) Necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or (C) Necessitating that the owner or operator make product in excess of demand. (iv) Alternatives to performance test requirements. (A) Specifies or approves, in specific cases, the use of a test method with minor changes in methodology; or (B) Approves the use of an alternative test method, the results of which the Administrator has determined to be adequate for indicating whether a specific regulated source is in compliance. The alternate method or data shall be validated using the applicable procedures of Method 301 of appendix A of 40 CFR part 63; or (C) Approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors; or (D) Waives the requirement for the performance test as specified in paragraph (b)(2) of this section because the owner or operator of a regulated source has demonstrated by other means to the Administrator's satisfaction that the regulated source is in compliance with the relevant standard; or (E) Approves the use of an equivalent method. (v) Performance test runs. (A) For control devices used to control emissions from transfer racks (except low throughput transfer racks that are capable of continuous vapor processing but do not handle continuous emissions or multiple loading arms of a transfer rack that load simultaneously), each run shall represent at least one complete tank truck or tank car loading period, during which regulated materials are loaded, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (B) For intermittent vapor processing systems used for controlling transfer rack emissions (except low throughput transfer racks that do not handle continuous emissions or multiple loading arms of a transfer rack that load simultaneously), each run shall represent at least one complete control device cycle, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (2) Specific procedures. (i) Selection of sampling sites. (A) For determination of compliance with a percent reduction requirement of total organic regulated material or TOC, sampling sites shall be located as specified in paragraphs (e)(2)(i)(A)( 1 2 ( 1 2 3 ( 2 ( 3 (B) For determination of compliance with a parts per million by volume total regulated material or TOC limit in a referencing subpart, the sampling site shall be located at the outlet of the control device. (ii) Gas volumetric flow rate. (iii) Total organic regulated material or TOC concentration. 1 3 (A) Sampling time. (B) Concentration calculation. 1 2 ( 1 TOC Where: C TOC x = Number of samples in the sample run. n = Number of components in the sample. C ji ( 2 REG 1 (C) Concentration correction calculation. ( 1 ( 2 c Where: C c C m %O 2d (D) To measure the total organic regulated material concentration at the outlet of a control device, use Method 18 of 40 CFR part 60, appendix A, or ASTM D6420-18 (incorporated by reference, see § 63.14). If you have a combustion control device, you must first determine which regulated material compounds are present in the inlet gas stream using process knowledge or the screening procedure described in Method 18. In conducting the performance test, analyze samples collected at the outlet of the combustion control device as specified in Method 18 or ASTM D6420-18 for the regulated material compounds present at the inlet of the control device. The method ASTM D6420-18 may be used only under the conditions specified in paragraphs (e)(2)(iii)(D)( 1 3 ( 1 ( 2 ( 3 (E) To measure the TOC concentration, use Method 18 of 40 CFR part 60, appendix A, or use Method 25A of 40 CFR part 60, appendix A, according to the procedures in paragraphs (e)(2)(iii)(E)( 1 4 ( 1 ( 2 ( 3 ( 4 (iv) Percent reduction calculation. 1 3 (A) Sampling time. (B) Mass rate of TOC or total organic regulated material. I o ( 1 Where: E I o TOC RM K 2 −6 −1 n = Number of components in the sample. C ij oj ij oj M ij oj Q I o ( 2 3 (C) Percent reduction in TOC or total organic regulated material for continuous unit operations and a combination of both continuous and batch unit operations. Where: R = Control efficiency of control device, percent. E I E o (D) Vent stream introduced with combustion air or as secondary fuel. (E) Transfer racks. ( 1 TOC ( 2 ( 3 ( 4 Where: M j F = 10 −6 −1 K = Density, kilograms per standard cubic meter organic regulated material. = 659 kilograms per standard cubic meter organic regulated material. (Note: The density term cancels out when the percent reduction is calculated. Therefore, the density used has no effect. The density of hexane is given so that it can be used to maintain the units of M j V s C t ( 5 Where: E i o n = Number of testing intervals. M ij oj T = Total time of all testing intervals, hours. (F) To measure inlet and outlet concentrations of total organic regulated material, use Method 18 of 40 CFR part 60, appendix A, or ASTM D6420-18 (incorporated by reference, see § 63.14), under the conditions specified in paragraphs (e)(2)(iii)(D)( 1 3 i.e., (G) To determine inlet and outlet concentrations of TOC, use Method 25 of 40 CFR part 60, appendix A. Measure the total gaseous non-methane organic (TGNMO) concentration of the inlet and outlet vent streams using the procedures of Method 25. Use the TGNMO concentration in Equations 4 and 5 of paragraph (e)(2)(iv)(B) of this section. (H) Method 25A of 40 CFR part 60, appendix A, may be used instead of Method 25 to measure inlet and outlet concentrations of TOC if the condition in either paragraph (e)(2)(iv)(H)( 1 2 ( 1 ( 2 (I) If the uncontrolled or inlet gas stream to the control device contains formaldehyde, you must conduct emissions testing according to paragraphs (e)(2)(iv)(I)( 1 3 ( 1 3 i.e., ( 2 3 ( 3 1 2 i.e., Reported Results = (Measured Concentration in the Stack × 100)/%R. (3) An owner or operator using a halogen scrubber or other halogen reduction device to control process vent and transfer rack halogenated vent streams in compliance with a referencing subpart, who is required to conduct a performance test to determine compliance with a control efficiency or emission limit for hydrogen halides and halogens, shall follow the procedures specified in paragraphs (e)(3) (i) through (iv) of this section. (i) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator determining compliance with a kilogram per hour outlet emission limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to any releases to the atmosphere. (ii) Except as provided in paragraph (e)(1)(iv) of this section, Method 26 or Method 26A of 40 CFR part 60, appendix A, shall be used to determine the concentration, in milligrams per dry standard cubic meter, of total hydrogen halides and halogens that may be present in the vent stream. The mass emissions of each hydrogen halide and halogen compound shall be calculated from the measured concentrations and the gas stream flow rate. (iii) To determine compliance with the percent removal efficiency, the mass emissions for any hydrogen halides and halogens present at the inlet of the halogen reduction device shall be summed together. The mass emissions of the compounds present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements. (iv) To demonstrate compliance with a kilogram per hour outlet emission limit, the test results must show that the mass emission rate of total hydrogen halides and halogens measured at the outlet of the scrubber or other halogen reduction device is below the kilogram per hour outlet emission limit specified in a referencing subpart. [64 FR 34866, June 29, 1999, as amended at 67 FR 46277, July 12, 2002; 85 FR 40418, July 6, 2020] § 63.998 Recordkeeping requirements. (a) Compliance assessment, monitoring, and compliance records Conditions of flare compliance assessment, monitoring, and compliance records. (i) Flare compliance assessment records. (A) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (B) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the flare compliance assessment; and (C) All periods during the flare compliance assessment when all pilot flames are absent or, if only the flare flame is monitored, all periods when the flare flame is absent. (ii) Monitoring records. (iii) Compliance records. (B) Each owner or operator shall keep records of the times and durations of all periods during which the monitor is not operating. (2) Nonflare control device performance test records. Availability of performance test records. (ii) Nonflare control device and halogen reduction device performance test records. (A) General requirements. (B) Nonflare combustion device. 1 6 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (C) Other nonflare control devices. 1 5 ( 1 ( 2 ( 3 ( 4 1 2 3 ( 5 (D) Halogen reduction devices. 1 3 ( 1 ( 2 ( 3 (3) Recovery device monitoring records during TRE index value determination. (i) Where an absorber is the final recovery device in the recovery system and the saturated scrubbing fluid and specific gravity of the scrubbing fluid is greater than or equal to 0.02 specific gravity units, the exit specific gravity (or alternative parameter that is a measure of the degree of absorbing liquid saturation if approved by the Administrator) and average exit temperature of the absorbing liquid averaged over the same time period as the TRE index value determination (both measured while the vent stream is normally routed and constituted); or (ii) Where a condenser is the final recovery device in the recovery system, the average exit (product side) temperature averaged over the same time period as the TRE index value determination while the vent stream is routed and constituted normally; or (iii) Where a carbon adsorber is the final recovery device in the recovery system, the total regeneration stream mass flow during each carbon-bed regeneration cycle during the period of the TRE index value determination, and temperature of the carbon-bed after each regeneration during the period of the TRE index value determination (and within 15 minutes of completion of any cooling cycle or cycles); or (iv) As an alternative to paragraph (a)(3)(i), (ii), or (iii) of this section, the concentration level or reading indicated by an organics monitoring device at the outlet of the absorber, condenser, or carbon adsorber averaged over the same time period as the TRE index value determination while the vent stream is normally routed and constituted. (v) All measurements and calculations performed to determine the TRE index value of the vent stream as specified in a referencing subpart. (4) Halogen concentration records. (b) Continuous records and monitoring system data handling Continuous records. (i) A record of values measured at least once every 15 minutes or each measured value for systems which measure more frequently than once every 15 minutes; or (ii) A record of block average values for 15-minute or shorter periods calculated from all measured data values during each period or from at least one measured data value per minute if measured more frequently than once per minute. (iii) Where data is collected from an automated continuous parameter monitoring system, the owner or operator may calculate and retain block hourly average values from each 15-minute block average period or from at least one measured value per minute if measured more frequently than once per minute, and discard all but the most recent three valid hours of continuous (15-minute or shorter) records, if the hourly averages do not exclude periods of CPMS breakdown or malfunction. An automated CPMS records the measured data and calculates the hourly averages through the use of a computerized data acquisition system. (iv) A record as required by an alternative approved under a referencing subpart. (2) Excluded data. (i) Monitoring system breakdowns, repairs, preventive maintenance, calibration checks, and zero (low-level) and high-level adjustments; (ii) Periods of non-operation of the process unit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies; and (iii) Startups, shutdowns, and malfunctions, if the owner or operator operates the source during such periods in accordance with § 63.1111(a) and maintains the records specified in paragraph (d)(3) of this section. (3) Records of daily averages. (i) Except as specified in paragraph (b)(3)(ii) of this section, daily average values of each continuously monitored parameter shall be calculated from data meeting the specifications of paragraph (b)(2) of this section for each operating day and retained for 5 years. (A) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day. The average shall cover a 24-hour period if operation is continuous, or the period of operation per operating day if operation is not continuous (e.g., for transfer racks the average shall cover periods of loading). If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the daily average instead of all measured values. (B) The operating day shall be the period defined in the operating permit or in the Notification of Compliance Status. It may be from midnight to midnight or another daily period. (ii) If all recorded values for a monitored parameter during an operating day are within the range established in the Notification of Compliance Status or in the operating permit, the owner or operator may record that all values were within the range and retain this record for 5 years rather than calculating and recording a daily average for that operating day. In such cases, the owner or operator may not discard the recorded values as allowed in paragraph (b)(1)(iii) of this section. (4) [Reserved] (5) Alternative recordkeeping. (i) The owner or operator may retain only the daily average value, and is not required to retain more frequently monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (b)(5)(i)(A) through (F) of this section are met. The owner or operator shall notify the Administrator in the Notification of Compliance Status as specified in § 63.999(b)(5) or, if the Notification of Compliance Status has already been submitted, in the Periodic Report immediately preceding implementation of the requirements of this paragraph, as specified in § 63.999(c)(6)(iv). (A) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation other than start-ups, shutdowns or malfunctions (e.g., a temperature reading of −200 °C on a boiler), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (B) The monitoring system generates a running average of the monitoring values, updated at least hourly throughout each operating day, that have been obtained during that operating day, and the capability to observe this average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (b)(5)(i)(B)( 1 3 ( 1 ( 2 ( 3 (C) The monitoring system is capable of detecting unchanging data during periods of operation other than start-ups, shutdowns or malfunctions, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (e.g., pH in some scrubbers), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (D) The monitoring system will alert the owner or operator by an alarm, if the running average parameter value calculated under paragraph (b)(5)(i)(B) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (E) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (b)(5)(i) of this section, at the times specified in paragraphs (b)(5)(i)(E)( 1 3 ( 1 ( 2 ( 3 (F) The owner or operator shall retain the records identified in paragraphs (b)(5)(i)(F)( 1 4 ( 1 ( 2 1 ( 3 ( 4 2 (ii) If an owner or operator has elected to implement the requirements of paragraph (b)(5)(i) of this section, and a period of 6 consecutive months has passed without an excursion as defined in paragraph (b)(6)(i) of this section, the owner or operator is no longer required to record the daily average value for that parameter for that unit of equipment, for any operating day when the daily average value is less than the maximum, or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring were required and/or approved by the Administrator. (A) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next Periodic Report, as specified in § 63.999(c)(6)(i). The notification shall identify the parameter and unit of equipment. (B) If there is an excursion as defined in paragraph (b)(6)(i) of this section on any operating day after the owner or operator has ceased recording daily averages as provided in paragraph (b)(5)(ii) of this section, the owner or operator shall immediately resume retaining the daily average value for each operating day, and shall notify the Administrator in the next Periodic Report, as specified in § 63.999(c). The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (b)(6)(i) of this section. (C) The owner or operator shall retain the records specified in paragraphs (b)(5)(i)(A) through (F) of this section for the duration specified in a referencing subpart. For any week, if compliance with paragraphs (b)(5)(i)(A) through (D) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation other than a start-up, shutdown, or malfunction. (6)(i) For the purposes of this section, an excursion means that the daily average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value, except as provided in paragraphs (b)(6)(i)(A) and (B) of this section. (A) The daily average value during any startup, shutdown, or malfunction shall not be considered an excursion if the owner or operator operates the source during such periods in accordance with § 63.1111(a) and maintains the records specified in paragraph (d)(3) of this section. (B) An excused excursion, as described in paragraph (b)(6)(ii), does not count toward the number of excursions for the purposes of this subpart. (ii) One excused excursion for each control device or recovery device for each semiannual period is allowed. If a source has developed a startup, shutdown and malfunction plan, and a monitored parameter is outside its established range or monitoring data are not collected during periods of start-up, shutdown, or malfunction (and the source is operated during such periods in accordance with § 63.1111(a)) or during periods of nonoperation of the process unit or portion thereof (resulting in cessation of the emissions to which monitoring applies), then the excursion is not a violation and, in cases where continuous monitoring is required, the excursion does not count as the excused excursion for determining compliance. (c) Nonflare control and recovery device regulated source monitoring records Monitoring system records. (i) For a CPMS used to comply with this part, a record of the procedure used for calibrating the CPMS. (ii) For a CPMS used to comply with this subpart, records of the information specified in paragraphs (c)(ii)(A) through (H) of this section, as indicated in a referencing subpart. (A) The date and time of completion of calibration and preventive maintenance of the CPMS. (B) The “as found” and “as left” CPMS readings, whenever an adjustment is made that affects the CPMS reading and a “no adjustment” statement otherwise. (C) The start time and duration or start and stop times of any periods when the CPMS is inoperative. (D) Records of the occurrence and duration of each start-up, shutdown, and malfunction of CPMS used to comply with this subpart during which excess emissions (as defined in a referencing subpart) occur. (E) For each start-up, shutdown, and malfunction during which excess emissions as defined in a referencing subpart occur, records whether the procedures specified in the source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. These records may take the form of a “checklist,” or other form of recordkeeping that confirms conformance with the start-up, shutdown, and malfunction plan for the event. (F) Records documenting each start-up, shutdown, and malfunction event. (G) Records of CPMS start-up, shutdown, and malfunction event that specify that there were no excess emissions during the event, as applicable. (H) Records of the total duration of operating time. (2) Combustion control and halogen reduction device monitoring records. (ii) Each owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in paragraph (b)(3)(i) of this section. For catalytic incinerators, record the daily average of the temperature upstream of the catalyst bed and the daily average of the temperature differential across the bed. For halogen scrubbers record the daily average pH and the liquid-to-gas ratio. (iii) Each owner or operator subject to the provisions of this subpart shall keep up-to-date, readily accessible records of periods of operation during which the parameter boundaries are exceeded. The parameter boundaries are established pursuant to § 63.996(c)(6). (3) Monitoring records for recovery devices, absorbers, condensers, carbon adsorbers or other noncombustion systems used as control devices. (ii) Each owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in paragraph (b)(3)(i) of this section. If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in paragraphs (c)(3)(ii)(A) and (B) of this section shall be kept instead of the daily averages. (A) Records of total regeneration stream mass or volumetric flow for each carbon-bed regeneration cycle. (B) Records of the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle. (iii) Each owner or operator subject to the provisions of this subpart shall keep up-to-date, readily accessible records of periods of operation during which the parameter boundaries are exceeded. The parameter boundaries are established pursuant to § 63.996(c)(6). (d) Other records Closed vent system records. (i) For closed vent systems collecting regulated material from a regulated source, the owner or operator shall record the identification of all parts of the closed vent system, that are designated as unsafe or difficult to inspect, an explanation of why the equipment is unsafe or difficult to inspect, and the plan for inspecting the equipment required by § 63.983(b)(2)(ii) or (iii) of this section. (ii) For each closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (d)(1)(ii)(A) or (B) of this section, as applicable. (A) Hourly records of whether the flow indicator specified under § 63.983(a)(3)(i) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (B) Where a seal mechanism is used to comply with § 63.983(a)(3)(ii), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has been broken. (iii) For a closed vent system collecting regulated material from a regulated source, when a leak is detected as specified in § 63.983(d)(2), the information specified in paragraphs (d)(1)(iii)(A) through (F) of this section shall be recorded and kept for 5 years. (A) The instrument and the equipment identification number and the operator name, initials, or identification number. (B) The date the leak was detected and the date of the first attempt to repair the leak. (C) The date of successful repair of the leak. (D) The maximum instrument reading measured by the procedures in § 63.983(c) after the leak is successfully repaired or determined to be nonrepairable. (E) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 days after discovery of the leak. The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (F) Copies of the Periodic Reports as specified in § 63.999(c), if records are not maintained on a computerized database capable of generating summary reports from the records. (iv) For each instrumental or visual inspection conducted in accordance with § 63.983(b)(1) for closed vent systems collecting regulated material from a regulated source during which no leaks are detected, the owner or operator shall record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (2) Storage vessel and transfer rack records. (i) A record of the measured values of the parameters monitored in accordance with § 63.985(c) or § 63.987(c). (ii) A record of the planned routine maintenance performed on the control system during which the control system does not meet the applicable specifications of § 63.983(a), § 63.985(a), or § 63.987(a), as applicable, due to the planned routine maintenance. Such a record shall include the information specified in paragraphs (d)(2)(ii)(A) through (C) of this section. This information shall be submitted in the Periodic Reports as specified in § 63.999(c)(4). (A) The first time of day and date the requirements of § 63.983(a), § 63.985(a), or § 63.987(a), as applicable, were not met at the beginning of the planned routine maintenance, and (B) The first time of day and date the requirements of § 63.983(a), § 63.985(a), or § 63.987(a), as applicable, were met at the conclusion of the planned routine maintenance. (C) A description of the type of maintenance performed. (3) Regulated source and control equipment start-up, shutdown and malfunction records. (ii) For each start-up, shutdown, and malfunction during which excess emissions occur, records that the procedures specified in the source's start-up, shutdown, and malfunction plan were followed, and documentation of actions taken that are not consistent with the plan. For example, if a start-up, shutdown, and malfunction plan includes procedures for routing control device emissions to a backup control device (e.g., the incinerator for a halogenated stream could be routed to a flare during periods when the primary control device is out of service), records must be kept of whether the plan was followed. These records may take the form of a “checklist,” or other form of recordkeeping that confirms conformance with the start-up, shutdown, and malfunction plan for the event. (4) Equipment leak records. (i) The design specifications and performance demonstrations specified in paragraphs (d)(4)(i)(A) through (C) of this section. (A) Detailed schematics, design specifications of the control device, and piping and instrumentation diagrams. (B) The dates and descriptions of any changes in the design specifications. (C) A description of the parameter or parameters monitored, as required in a referencing subpart, to ensure that control devices are operated and maintained in conformance with their design and an explanation of why that parameter (or parameters) was selected for the monitoring. (ii) Records of operation of closed vent systems and control devices, as specified in paragraphs (d)(4)(ii)(A) through (C) of this section. (A) Dates and durations when the closed vent systems and control devices required are not operated as designed as indicated by the monitored parameters. (B) Dates and durations during which the monitoring system or monitoring device is inoperative. (C) Dates and durations of start-ups and shutdowns of control devices required in this subpart. (5) Records of monitored parameters outside of range. [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 71 FR 20458, Apr. 20, 2006] § 63.999 Notifications and other reports. (a) Performance test and flare compliance assessment notifications and reports General requirements. (i) The owner or operator shall notify the Administrator of the intention to conduct a performance test or flare compliance assessment at least 30 days before such a compliance demonstration is scheduled to allow the Administrator the opportunity to have an observer present. If after 30 days notice for such an initially scheduled compliance demonstration, there is a delay (due to operational problems, etc.) in conducting the scheduled compliance demonstration, the owner or operator of an affected facility shall notify the Administrator as soon as possible of any delay in the original demonstration date. The owner or operator shall provide at least 7 days prior notice of the rescheduled date of the compliance demonstration, or arrange a rescheduled date with the Administrator by mutual agreement. (ii) Unless specified differently in this subpart or a referencing subpart, performance test and flare compliance assessment reports, not submitted as part of a Notification of Compliance Status report, shall be submitted to the Administrator within 60 days of completing the test or determination. (iii) Any application for a waiver of an initial performance test or flare compliance assessment, as allowed by § 63.997(b)(2), shall be submitted no later than 90 days before the performance test or compliance assessment is required. The application for a waiver shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the source performing the test. (iv) Any application to substitute a prior performance test or compliance assessment for an initial performance test or compliance assessment, as allowed by § 63.997(b)(1), shall be submitted no later than 90 days before the performance test or compliance test is required. The application for substitution shall include information demonstrating that the prior performance test or compliance assessment was conducted using the same methods specified in § 63.997(e) or § 63.987(b)(3), as applicable. The application shall also include information demonstrating that no process changes have been made since the test, or that the results of the performance test or compliance assessment reliably demonstrate compliance despite process changes. (2) Performance test and flare compliance assessment report submittal and content requirements. (i) For performance tests or flare compliance assessments, the Notification of Compliance Status or performance test and flare compliance assessment report shall include one complete test report as specified in paragraph (a)(2)(ii) of this section for each test method used for a particular kind of emission point and other applicable information specified in (a)(2)(iii) of this section. For additional tests performed for the same kind of emission point using the same method, the results and any other information required in applicable sections of this subpart shall be submitted, but a complete test report is not required. (ii) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (iii) The performance test or flare compliance assessment report shall also include the information specified in (a)(2)(iii)(A) through (C) of this section, as applicable. (A) For flare compliance assessments, the owner or operator shall submit the records specified in § 63.998(a)(1)(i). (B) For nonflare control device and halogen reduction device performance tests as required under § 63.988(b), § 63.990(b), § 63.994(b), or § 63.995(b), also submit the records specified in § 63.998(a)(2)(ii), as applicable. (C) For recovery devices also submit the records specified in § 63.998(a)(3), as applicable. (b) Notification of Compliance Status Routing storage vessel or transfer rack emissions to a process or fuel gas system. (i) If storage vessels emissions are routed to a process, the owner or operator shall submit the information specified in § 63.984(b)(2) and (3). (ii) As specified in § 63.984(c), if storage vessels emissions are routed to a fuel gas system, the owner or operator shall submit a statement that the emission stream is connected to the fuel gas system and whether the conveyance system is subject to the requirements of § 63.983. (iii) As specified in § 63.984(c), report that the transfer rack emission stream is being routed to a fuel gas system or process, when complying with a referencing subpart. (2) Routing storage vessel or low throughput transfer rack emissions to a nonflare control device. (i) A description of the parameter or parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised). If continuous records are specified, indicate whether the provisions of § 63.999(c)(6) apply. (ii) The operating range for each monitoring parameter identified in the monitoring plan required by § 63.985(c)(1). The specified operating range shall represent the conditions for which the control device is being properly operated and maintained. (iii) The documentation specified in § 63.985(b)(1)(i), if the owner or operator elects to prepare a design evaluation. (iv) The provisions of paragraph (c)(6) of this section do not apply to any low throughput transfer rack for which the owner or operator has elected to comply with § 63.985 or to any storage vessel for which the owner or operator is not required, by the applicable monitoring plan established under § 63.985(c)(1), to keep continuous records. If continuous records are required, the owner or operator shall specify in the monitoring plan whether the provisions of paragraph (c)(6) of this section apply. (v) A summary of the results of the performance test described in § 63.985(b)(1)(ii). If such a performance test is conducted, submit the results of the performance test, including the information specified in § 63.999(a)(2)(ii) and (iii). (vi) Identification of the storage vessel or transfer rack and control device for which the performance test will be submitted, and identification of the emission point(s), if any, that share the control device with the storage vessel or transfer rack and for which the performance test will be conducted. (3) Operating range for monitored parameters. (i) The specific range of the monitored parameter(s) for each emission point; (ii) The rationale for the specific range for each parameter for each emission point, including any data and calculations used to develop the range and a description of why the range indicates proper operation of the control, recovery, or halogen reduction device, as specified in paragraphs (b)(3)(ii)(A), (B), or (C) of this section, as applicable. (A) If a performance test or TRE index value determination is required by a referencing subpart for a control, recovery or halogen reduction device, the range shall be based on the parameter values measured during the TRE index value determination or performance test and may be supplemented by engineering assessments and/or manufacturer's recommendations. TRE index value determinations and performance testing are not required to be conducted over the entire range of permitted parameter values. (B) If a performance test or TRE index value determination is not required by a referencing subpart for a control, recovery, or halogen reduction device, the range may be based solely on engineering assessments and/or manufacturer's recommendations. (C) The range may be based on ranges or limits previously established under a referencing subpart. (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (4) Halogen reduction device. (5) Alternative recordkeeping. (c) Periodic reports. (2) For closed vent systems subject to the requirements of § 63.983, the owner or operator shall submit as part of the periodic report the information specified in paragraphs (c)(2)(i) through (iii) of this section, as applicable. (i) The information recorded in § 63.998(d)(1)(iii)(B) through (E); (ii) Reports of the times of all periods recorded under § 63.998(d)(1)(ii)(A) when the vent stream is diverted from the control device through a bypass line; and (iii) Reports of all times recorded under § 63.998(d)(1)(ii)(B) when maintenance is performed in car-sealed valves, when the seal is broken, when the bypass line valve position is changed, or the key for a lock-and-key type configuration has been checked out. (3) For flares subject to this subpart, report all periods when all pilot flames were absent or the flare flame was absent as recorded in § 63.998(a)(1)(i)(C). (4) For storage vessels, the owner or operator shall include in each periodic report required the information specified in paragraphs (c)(4)(i) through (iii) of this section. (i) For the 6-month period covered by the periodic report, the information recorded in § 63.998(d)(2)(ii)(A) through (C). (ii) For the time period covered by the periodic report and the previous periodic report, the total number of hours that the control system did not meet the requirements of § 63.983(a), § 63.985(a), or § 63.987(a) due to planned routine maintenance. (iii) A description of the planned routine maintenance during the next 6-month periodic reporting period that is anticipated to be performed for the control system when it is not expected to meet the required control efficiency. This description shall include the type of maintenance necessary, planned frequency of maintenance, and expected lengths of maintenance periods. (5) If a control device other than a flare is used to control emissions from storage vessels or low throughput transfer racks, the periodic report shall describe each occurrence when the monitored parameters were outside of the parameter ranges documented in the Notification of Compliance Status in accordance with paragraph (b)(3) of this section. The description shall include the information specified in paragraphs (c)(5)(i) and (ii) of this section. (i) Identification of the control device for which the measured parameters were outside of the established ranges, and (ii) The cause for the measured parameters to be outside of the established ranges. (6) For process vents and transfer racks (except low throughput transfer racks), periodic reports shall include the information specified in paragraphs (c)(6)(i) through (iv) of this section. (i) Periodic reports shall include the daily average values of monitored parameters, calculated as specified in § 63.998(b)(3)(i) for any days when the daily average value is outside the bounds as defined in § 63.998(c)(2)(iii) or (c)(3)(iii), or the data availability requirements defined in paragraphs (c)(6)(i)(A) through (D) of this section are not met, whether these excursions are excused or unexcused excursions. For excursions caused by lack of monitoring data, the duration of periods when monitoring data were not collected shall be specified. An excursion means any of the cases listed in paragraphs (c)(6)(i)(A) through (C) of this section. If the owner or operator elects not to retain the daily average values pursuant to § 63.998(b)(5)(ii)(A), the owner or operator shall report this in the Periodic Report. (A) When the daily average value of one or more monitored parameters is outside the permitted range. (B) When the period of control or recovery device operation is 4 hours or greater in an operating day and monitoring data are insufficient to constitute a valid hour of data for at least 75 percent of the operating hours. (C) When the period of control or recovery device operation is less than 4 hours in an operating day and more than one of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data. (D) Monitoring data are insufficient to constitute a valid hour of data as used in paragraphs (c)(6)(i)(B) and (C) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. (ii) Report all carbon-bed regeneration cycles during which the parameters recorded under § 63.998(a)(2)(ii)(C) were outside the ranges established in the Notification of Compliance Status or in the operating permit. (iii) The provisions of paragraph (c)(6)(i) and (ii) of this section do not apply to any low throughput transfer rack for which the owner or operator has elected to comply with § 63.985 or to any storage vessel for which the owner or operator is not required, by the applicable monitoring plan established under § 63.985(c)(1), to keep continuous records. If continuous records are required, the owner or operator shall specify in the monitoring plan whether the provisions of paragraphs (c)(6)(i) and (c)(6)(ii) of this section apply. (iv) If the owner or operator has chosen to use the alternative recordkeeping requirements of § 63.998(b)(5), and has not notified the Administrator in the Notification of Compliance Status that the alternative recordkeeping provisions are being implemented as specified in paragraph (b)(5) of this section, the owner or operator shall notify the Administrator in the Periodic Report submitted immediately preceding implementation of the alternative. The notifications specified in § 63.998(b)(5)(ii) shall be included in the next Periodic Report following the identified event. (7) As specified in § 63.997(c)(3), if an owner or operator at a facility not required to obtain a title V permit elects at a later date to replace an existing control or recovery device with a different control or recovery device, then the Administrator shall be notified by the owner or operator before implementing the change. This notification may be included in the facility's periodic reporting. (d) Requests for approval of monitoring alternatives Alternatives to the continuous operating parameter monitoring and recordkeeping provisions. (i) A description of the proposed alternative system; and (ii) Information justifying the owner or operator's request for an alternative method, such as the technical or economic infeasibility, or the impracticality, of the regulated source using the required method. (2) Monitoring a different parameter than those listed. (i) A description of the parameter(s) to be monitored to ensure the control technology or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s); (ii) A description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation of the control device, the schedule for this demonstration, and a statement that the owner or operator will establish a range for the monitored parameter(s) as part of the Notification of Compliance Status if required under a referencing subpart, unless this information has already been submitted; and (iii) The frequency and content of monitoring, recording, and reporting, if monitoring and recording is not continuous, or if reports of daily average values when the monitored parameter value is outside the established range will not be included in periodic reports under paragraph (c) of this section. The rationale for the proposed monitoring, recording, and reporting system shall be included. [64 FR 34866, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999] Subpart TT—National Emission Standards for Equipment Leaks—Control Level 1 Source: 64 FR 34886, June 29, 1999, unless otherwise noted. § 63.1000 Applicability. (a) The provisions of this subpart apply to the control of air emissions from equipment leaks for which another subpart references the use of this subpart for such air emission control. These air emission standards for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing subpart. The provisions of 40 CFR part 63 subpart A (General Provisions) do not apply to this subpart except as noted in the referencing subpart. (b) Implementation and enforcement. (1) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1)(i) through (v) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (i) Approval of alternatives to the nonopacity emissions standards in §§ 63.1003 through 63.1015, under § 63.6(g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (ii) [Reserved] (iii) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (iv) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (v) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. (c) Exemptions. (1) Equipment in vacuum service. (2) Equipment in service less than 300 hours per calendar year. (3) Lines and equipment not containing process fluids. [64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46278, July 12, 2002] § 63.1001 Definitions. All terms used in this part shall have the meaning given them in the Act and in this section. Closed-loop system Closed-purge system Closed-vent system Combustion device Connector Control device Distance piece Double block and bleed system Equipment First attempt at repair, Fuel gas Fuel gas system In gas or vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C, (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream, and (3) The fluid is a liquid at operating conditions. (Note to definition of “In light liquid service”: Vapor pressures may be determined by standard reference texts or ASTM D-2879.) In liquid service In organic hazardous air pollutant or in organic HAP service In regulated material service In-situ sampling systems In vacuum service Initial startup Instrumentation system e.g., Liquids dripping Nonrepairable Open-ended valve or line Organic monitoring device Pressure release Pressure relief device or valve Process unit Process unit shutdown (1) An unscheduled work practice or operations procedure that stops production from a process unit, or part of a process unit, for less than 24 hours. (2) An unscheduled work practice or operations procedure that would stop production from a process unit, or part of a process unit, for a shorter period of time than would be required to clear the process unit, or part of the process unit, of materials and start up the unit, and would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown. (3) The use of spare equipment and technically feasible bypassing of equipment without stopping production. Referencing subpart Regulated material, Regulated source Relief device or valve Repaired, (1) Equipment is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable sections of this subpart, and (2) Equipment, unless otherwise specified in applicable provisions of this subpart, is monitored as specified in § 63.1004(b) and, as applicable in §§ 63.1004(c) and 63.1015 of this part as appropriate, to verify that emissions from the equipment are below the applicable leak definition. Routed to a process or route to a process Sampling connection system Screwed (threaded) connector i.e., Sensor Set pressure Start-up [64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999] § 63.1002 Compliance assessment. (a) General procedures for compliance assessment. (b) Alternative means of emission limitation. (1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§ 63.1005 through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this section. If the Administrator makes a determination that an alternative means of emission limitation is a permissible alternative, the owner or operator shall comply with the alternative. (2) Permission to use an alternative means of emission limitation shall be governed by the following procedures in paragraphs (b)(3) through (b)(6) of this section. (3) Where the standard is an equipment, design, or operational requirement the criteria specified in paragraphs (b)(3)(i) and (b)(3)(ii) shall be met. (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation. (ii) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements. (4) Where the standard is a work practice the criteria specified in paragraphs (b)(4)(i) through (b)(4)(iv) shall be met. (i) Each owner or operator applying for permission shall be responsible for collecting and verifying test data for an alternative means of emission limitation. (ii) For each kind of equipment for which permission is requested, the emission reduction achieved by the alternative means of emission limitation shall be demonstrated. (iii) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices. (iv) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart. (5) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation. (6) If, in the judgement of the Administrator, an alternative means of emission limitation will be approved, the Administrator will publish a notice of the determination in the Federal Register. (7)(i) Manufacturers of equipment used to control equipment leaks of a regulated material may apply to the Administrator for permission for an alternative means of emission limitation that achieves a reduction in emissions of the regulated material achieved by the equipment, design, and operational requirements of this subpart. (ii) The Administrator will grant permission according to the provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this section. [64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999] § 63.1003 Equipment identification. (a) General equipment identification. (b) Additional equipment identification. (1) Connectors. (2) Routed to a process or fuel gas system or equipped with a closed vent system and control device. (3) Pressure relief devices. (4) Instrumentation systems. (5) Equipment in service less than 300 hours per calendar year. (c) Special equipment designations: Equipment that is unsafe or difficult-to-monitor Designation and criteria for unsafe-to-monitor. (2) Designation and criteria for difficult-to-monitor. (i) Valves. (B) The process unit or affected facility within which the valve is located is an existing source, or the owner or operator designates less than 3 percent of the total number of valves in a new source as difficult-to-monitor. (ii) Agitators. (3) [Reserved] (4) Identification of unsafe or difficult-to-monitor equipment. (5) Written plan requirements. (ii) The owner or operator of equipment designated as difficult-to-monitor according to the provisions of paragraph (c)(2) of this section shall have a written plan that requires monitoring of the equipment at least once per calendar year, and repair of the equipment according to the procedures in § 63.1005 if a leak is detected. (d) Special equipment designations: Unsafe-to-repair Designation and criteria. (2) Identification of equipment. (e) Special equipment designations: Equipment operating with no detectable emissions Designation and criteria. (2) Identification of equipment. (3) Identification of compressors operating under no detectable emissions. [64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999] § 63.1004 Instrument and sensory monitoring for leaks. (a) Monitoring for leaks. (1) Instrument monitoring for leaks. (ii) Pumps in light liquid service shall be monitored pursuant to § 63.1007(b). (iii) Connectors in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1008(b). (iv) Agitators in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1009(b). (v) Pressure relief devices in gas and vapor service shall be monitored pursuant to § 63.1011(c). (vi) Compressors designated to operate with an instrument reading less than 500 parts per million as described in § 63.1003(e), shall be monitored pursuant to § 63.1012(f). (2) Sensory monitoring for leaks. (ii) [Reserved] (iii) Agitators in gas and vapor service and in light liquid service shall be observed pursuant to § 63.1009(b)(3) or (e)(1)(iv). (iv) [Reserved] (b) Instrument monitoring methods. (1) Monitoring method. (2) Detection instrument performance criteria. (ii) If there is no instrument commercially available that will meet the performance criteria specified in paragraph (b)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid, calculated on an inert-free basis as described in paragraph (b)(2)(i) of this section. (3) Detection instrument calibration procedure. (4) Detection instrument calibration gas. (5) Monitoring performance. (6) Monitoring data. (c) Instrument monitoring using background adjustments. (1) The requirements of paragraphs (b)(1) through (b)(5) of this section shall apply. (2) The background level shall be determined, using the procedures in Method 21 of 40 CFR part 60, appendix A. (3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible (as described in Method 21 of 40 CFR part 60, appendix A). (4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared to the applicable leak definitions for the monitored equipment to determine whether there is a leak or to determine compliance with § 63.1011(b) (pressure relief devices in gas and vapor service) or § 63.1012(f) (compressors). (d) Sensory monitoring methods. (e) Leaking equipment identification and records. (2) When each leak is detected, the information specified in § 63.1005(e) shall be recorded and kept pursuant to the referencing subpart. [64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999] § 63.1005 Leak repair. (a) Leak repair schedule. (b) Leak identification removal Valves in gas/vapor and light liquid service. (2) Other equipment. (c) Delay of repair. (1) Delay of repair of equipment for which leaks have been detected is allowed if the repair is technically infeasible without a process unit or affected facility shutdown within 15 days after a leak is detected. Repair of this equipment shall occur as soon as practical, but not later than by the end of the next process unit or affected facility shutdown, except as provided in paragraph (c)(5) of this section. (2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in regulated material service. (3) Delay of repair for valves, connectors, and agitators is also allowed if the criteria specified in paragraphs (c)(3)(i) and (c)(3)(ii) are met. (i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and (ii) When repair procedures are effected, the purged material is collected and destroyed, or recovered in a control or recovery device, or routed to a fuel gas system or process complying with § 63.1015 or § 63.1002(b) of this part. (4) Delay of repair for pumps is allowed if the criteria specified in paragraphs (c)(4)(i) and (c)(4)(ii) are met. (i) Repair requires replacing the existing seal design with a new system that the owner or operator has determined will provide better performance or one of the specifications of paragraphs (c)(4)(i)(A) through (c)(4)(i)(C) of this section are met. (A) A dual mechanical seal system that meets the requirements of § 63.1007(e)(1) will be installed, (B) A pump that meets the requirements of § 63.1007(e)(2) will be installed; or (C) A system that routes emissions to a process or a fuel gas system or a closed vent system and control device that meets the requirements of § 63.1007(e)(3) will be installed. (ii) Repair is to be completed as soon as practical, but not later than 6 months after the leak was detected. (5) Delay of repair beyond a process unit or affected facility shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit or affected facility shutdown, and valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit or affected facility shutdown will not be allowed unless the third process unit or affected facility shutdown occurs sooner than 6 months after the first process unit or affected facility shutdown. (d) Unsafe-to-repair connectors. (e) Leak repair records. (1) The date of first attempt to repair the leak. (2) The date of successful repair of the leak. (3) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A at the time the leak is successfully repaired or determined to be nonrepairable. (4) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak as specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section. (i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (ii) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on site before depletion and the reason for depletion. (5) Dates of process unit or affected facility shutdowns that occur while the equipment is unrepaired. [64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999] § 63.1006 Valves in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (2) The use of monitoring data generated before the regulated source became subject to the referencing subpart to initially qualify for less frequent monitoring is governed by the provisions of § 63.1004(b)(6). (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Monitoring period. (ii)(A) Any valve for which a leak is not detected for 2 successive months may be monitored the same month (first, second, or third month) of every quarter, beginning with the next quarter, until a leak is detected. The first quarterly monitoring shall occur less than 3 months following the last monthly monitoring. (B) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for 2 successive months. (C) For purposes of paragraph (b) of this section, quarter means a 3-month period with the first quarter concluding on the last day of the last full month during the 180 days following initial startup. (4) Allowance of alternative standards. (5) Allowable percentage alternative. (i) A compliance demonstration for each affected facility or process unit or affected facility complying with this alternative shall be conducted initially upon designation, annually, and at other times requested by the Administrator. For each such demonstration, all valves in gas and vapor and light liquid service within the affected facility or process unit shall be monitored within 1 week by the methods specified in § 63.1004(b). If an instrument reading exceeds the equipment leak level specified in the referencing subpart, a leak is detected. The leak percentage shall be calculated as specified in paragraph (c) of this section. (ii) If an owner or operator decides no longer to comply with this alternative, the owner or operator must notify the Administrator in writing that the work practice standard described in paragraph (b)(3) of this section will be followed. (6) Skip period alternatives. (i) After 2 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to monitor for leaks once every 6 months. (ii) After 5 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to monitor for leaks once every year. (iii) If the percent of valves leaking is greater than 2.0, the owner or operator shall comply with paragraph (b)(3) of this section, but can elect to comply with paragraph (b)(6) of this section if future percent of valves leaking is again equal to or less than 2.0. (iv) The owner or operator shall keep a record of the monitoring schedule and the percent of valves found leaking during each monitoring period. (c) Percent leaking valves calculation—calculation basis and procedures. (2) The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements of this section. (d) Leak repair. (2) After a leak determined pursuant to paragraph (b) or (e)(2) of this section has been repaired, the valve shall be monitored at least once within the first 3 months after its repair. The monitoring required by this paragraph is in addition to the monitoring required to satisfy the definition of repair. (i) The monitoring shall be conducted as specified in § 63.1004(b) and (c), as appropriate, to determine whether the valve has resumed leaking. (ii) Periodic monitoring required by paragraph (b) of this section may be used to satisfy the requirements of this paragraph, if the timing of the monitoring period coincides with the time specified in this paragraph. Alternatively, other monitoring may be performed to satisfy the requirements of this paragraph, regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in this paragraph. (iii) If a leak is detected by monitoring that is conducted pursuant to paragraph (d)(2) of this section, the owner or operator shall follow the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section, to determine whether that valve must be counted as a leaking valve for purposes of paragraph (c) of this section. (A) If the owner or operator elected to use periodic monitoring required by paragraph (b) of this section to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve. (B) If the owner or operator elected to use other monitoring, prior to the periodic monitoring required by paragraph (b) of this section, to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve unless it is repaired and shown by periodic monitoring not to be leaking. (e) Special provisions for valves Unsafe-to-monitor valves. (2) Difficult-to-monitor. (3) Less than 250 valves. (4) No detectable emissions. (A) Tests the valve for operation with emissions less than 500 parts per million above background as determined by the method specified in § 63.1004(c) initially upon designation, annually, and at other times requested by the Administrator, and (B) Records the dates of each compliance demonstration, the background level measured during each compliance test, and the maximum instrument reading measured at the equipment during each compliance test. (ii) A valve may not be designated or operated for no detectable emissions, as described in § 63.1003(e), if the valve has an instrument reading greater than 500 parts per million above background. § 63.1007 Pumps in light liquid service standards. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Visual inspection. (4) Visual inspection: Leak repair. (c) Percent leaking pumps calculation. (2) The number of pumps at a process unit shall be the sum of all the pumps in regulated material service, except that pumps found leaking in a continuous process unit or within 1 month after startup of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (3) Percent leaking pumps shall be determined by the following equation: Where: %P L P L P T P S (d) Leak repair. (e) Special provisions for pumps Dual mechanical seal pumps. (i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. The owner or operator shall keep records at the plant of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. This record must be available for review by an inspector. (ii) Each dual mechanical seal system shall meet the requirements specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this section. (A) Each dual mechanical seal system is operated with the barrier fluid at a pressure that is at all times (except periods of startup, shutdown, or malfunction) greater than the pump stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of subpart SS of this part; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (iii) The barrier fluid is not in light liquid service. (iv) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (v) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in either paragraph (e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the pump as specified in § 63.1004(b) to determine if there is a leak of regulated material in the barrier fluid; if an instrument reading of 10,000 parts per million or greater is measured, a leak is detected and shall be repaired using the procedures in § 63.1005; or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (vi) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(1)(i) of this section, or if based on the criteria established in paragraph (e)(1)(i) of this section the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (vii) Each sensor as described in paragraph (e)(1)(iv) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of this section, it shall be repaired as specified in § 63.1005. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) Unsafe-to-monitor pumps. § 63.1008 Connectors in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (b) Leak detection. (c) Leak repair. (d) Special provisions for connectors Unsafe-to-monitor connectors. (2) Inaccessible, ceramic, or ceramic-lined connectors. (A) Buried; (B) Insulated in a manner that prevents access to the connector by a monitor probe; (C) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; or (D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold that would allow access to connectors up to 7.6 meters (25 feet) above the ground. (E) Inaccessible because it would require elevating the monitoring personnel more than 2 meters (7 feet) above a permanent support surface or would require the erection of scaffold; (F) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment. (ii) If any inaccessible ceramic or ceramic-lined connector is noted to have a leak by visual, audible, olfactory, or other means, the leak to the atmosphere shall be eliminated as soon as practical. § 63.1009 Agitators in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (b) Leak detection Monitoring method. (2) Instrument reading that defines a leak. (3) Visual inspection. (i) The owner or operator shall monitor the agitator seal as specified in § 63.1004(b) to determine if there is a leak of regulated material. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected, and it shall be repaired using the procedures in paragraph (d) of this section; (ii) The owner or operator shall eliminate the indications of liquids dripping from the agitator seal. (c) [Reserved] (d) Leak repair. (e) Special provisions for agitators Dual mechanical seal. (i) Each dual mechanical seal system shall meet the applicable requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or (e)(1)(i)(C) of this section. (A) Operated with the barrier fluid at a pressure that is at all times (except during periods of startup, shutdown, or malfunction) greater than the agitator stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that meets the requirements of § 63.1015; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (ii) The barrier fluid is not in light liquid service. (iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (iv) Each agitator seal is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in either paragraph (e)(1)(iv)(A) or (e)(1)(iv)(B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the agitator seal shall as specified in § 63.1004(b) to determine the presence of regulated material in the barrier fluid. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected and it shall be repaired using the procedures in § 63.1005; or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (v) Each sensor as described in paragraph (e)(1)(iii) of this section is observed daily or is equipped with an alarm unless the agitator seal is located within the boundary of an unmanned plant site. (vi) The owner or operator of each dual mechanical seal system shall meet the requirements specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(D). (A) The owner or operator shall determine, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. (B) The owner or operator shall keep records of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes. (C) If indications of liquids dripping from the agitator seal exceed the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, or if, based on the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (D) When a leak is detected, it shall be repaired using the procedures in § 63.1005. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) Difficult-to-monitor agitator seals. (6) Equipment obstructions. (7) Unsafe-to-monitor agitator seals. § 63.1010 Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems standards. (a) Compliance schedule. (b) Leak detection Monitoring method. (2) Instrument reading that defines a leak. (c) Leak repair. § 63.1011 Pressure relief devices in gas and vapor service standards. (a) Compliance schedule. (b) Compliance standard. (c) Pressure relief requirements. (2) The pressure relief device shall be monitored no later than five calendar days after the pressure release and being returned to regulated material service to confirm the condition indicated by an instrument reading of less than 500 parts per million, as measured by the method specified in § 63.1004(c). (3) The owner or operator shall record the dates and results of the monitoring required by paragraph (c)(2) of this section following a pressure release including maximum instrument reading measured during the monitoring and the background level measured if the instrument reading is adjusted for background. (d) Pressure relief devices routed to a process or fuel gas system or equipped with a closed vent system and control device. (e) Rupture disk exemption. § 63.1012 Compressor standards. (a) Compliance schedule. (b) Seal system standard. (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure at all times (except during periods of startup, shutdown, or malfunction); or (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that meets the requirements of § 63.1015; or (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream. (c) Barrier fluid system. (d) Failure criterion and leak detection. (2) The owner or operator shall keep records of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes. (e) Routed to a process or fuel gas system or equipped with a closed vent system and control device. (f) Alternative compressor standard. (2) The owner or operator shall record the dates and results of each compliance test including the background level measured and the maximum instrument reading measured during each compliance test. (g) Reciprocating compressor exemption. [64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999] § 63.1013 Sampling connection systems standards. (a) Compliance schedule. (b) Equipment requirement. (c) Equipment design and operation. (1) The system shall return the purged process fluid directly to a process line or fuel gas system meeting the compliance determinations in § 63.1015 or § 63.1002(b) as appropriate; or (2) Collect and recycle the purged process fluid to a process; or (3) Be designed and operated to capture and transport all the purged process fluid to a control device that meets the requirements of § 63.1015; or (4) Collect, store, and transport the purged process fluid to a system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or (c)(4)(iii) of this section. (i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR part 63, subpart G, if the waste management unit is complying with the provisions of 40 CFR part 63, subpart G, applicable to group 1 wastewater streams. If the purged process fluid does not contain any organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste management unit need not be subject to, and operated in compliance with the requirements of 40 CFR part 63, subpart G, applicable to subject wastewater steams provided the facility has a National Pollution Discharge Elimination System (NPDES) permit or sends the wastewater to an NPDES-permitted facility. (ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR part 262, 264, 265, or 266; or (iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261. (5) Containers that are part of a closed-purge system must be covered or closed when not being filled or emptied. (d) In-situ sampling systems. § 63.1014 Open-ended valves or lines standards. (a) Compliance schedule. (b) Equipment and operational requirements. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (b)(1) of this section at all other times. (c) Emergency shutdown exemption. (d) Polymerizing materials exemption. § 63.1015 Closed vent systems and control devices; or emissions routed to a fuel gas system or process. (a) Compliance schedule. (b) Compliance standard. (2) Owners or operators of closed vent systems and flares used to comply with the provisions of this subpart shall design and operate the flare as specified in subpart SS of this part, except as provided in § 63.1002(b). (3) Owners or operators routing emissions from equipment leaks to a fuel gas system or process shall comply with the provisions of subpart SS of this part, except as provided in § 63.1002(b). § 63.1016 Alternative means of emission limitation: Enclosed-vented process units. (a) Use of closed vent system and control device. (b) Recordkeeping. (1) Identification of the process unit(s) or affected facilities and the regulated materials they handle. (2) A schematic of the process unit or affected facility, enclosure, and closed vent system. (3) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. § 63.1017 Recordkeeping requirements. (a) Recordkeeping system. (b) General equipment leak records. (2) The owner or operator shall keep a written plan as specified in § 63.1003(c)(5) for any equipment that is designated as unsafe or difficult-to-monitor. (3) The owner or operator shall maintain the identity and an explanation as specified in § 63.1003(d)(1) for any equipment that is designated as unsafe-to-repair. (4) As specified in § 63.1003(e), the owner or operator shall maintain the identity of compressors operating with an instrument reading of less than 500 parts per million. (5) The owner or operator shall keep records for leaking equipment as specified in § 63.1004(e). (6) The owner or operator shall keep records for delay of repair as specified in § 63.1005(c) and records for leak repair as specified in § 63.1005(e). (c) Specific equipment leak records. (2) For pumps, the owner or operator shall maintain the records specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. (i) Documentation of pump visual inspections as specified in § 63.1007(b)(4). (ii) Documentation of dual mechanical seal pump visual inspections as specified in § 63.1007(e)(1)(v). (iii) For the criteria as to the presence and frequency of drips for dual mechanical seal pumps, records of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1007(e)(1)(i). (3) [Reserved] (4) For agitators, the owner or operator shall maintain records specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section. (i) Documentation of the agitator seal visual inspections as specified in § 63.1009(b)(3). (ii) Documentation of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1009(e)(1)(vi)(A). (5) For pressure relief devices in gas and vapor or light liquid service, the owner or operator shall keep records of the dates and results of monitoring following a pressure release, as specified in § 63.1011(c)(3). (6) For compressors, the owner or operator shall maintain the records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this section. (i) For criteria as to failure of the seal system and/or the barrier fluid system, record the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1012(d)(2). (ii) For compressors operating under the alternative compressor standard, record the dates and results of each compliance test as specified in § 63.1012(f)(2). (7) For process units complying with the enclosed-vented process unit alternative, the owner or operator shall maintain the records for enclosed-vented process units as specified in § 63.1016(b). § 63.1018 Reporting requirements. (a) Periodic reports. (1) The initial Periodic Report shall include the information specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this section. (i) Process unit or affected facility identification. (ii) Number of valves subject to the requirements of § 63.1006, excluding those valves designated for no detectable emissions under the provisions of § 63.1006(e)(4). (iii) Number of pumps subject to the requirements of § 63.1007, excluding those pumps designated for no detectable emissions under the provisions of § 63.1007(e)(2) and those pumps complying with the closed vent system provisions of § 63.1007(e)(3). (iv) Number of compressors subject to the requirements of § 63.1012, excluding those compressors designated for no detectable emissions under the provisions of § 63.1012(f) and those compressors complying with the closed vent system provisions of § 63.1012(e). (2) Each periodic report shall contain the information listed in paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable. (i) Process unit identification. (ii) For each month during the semiannual reporting period, (A) Number of valves for which leaks were detected as described in § 63.1006(b), (B) Number of valves for which leaks were not repaired as required in § 63.1006(d), (C) Number of pumps for which leaks were detected as described in § 63.1007(b) and § 63.1007(e)(1)(vi), (D) Number of pumps for which leaks were not repaired as required in §§ 63.1007(d) and (e)(5), (E) Number of compressors for which leaks were detected as described in § 63.1012(d)(1), (F) Number of compressors for which leaks were not repaired as required in § 63.1012(d)(1), and (G) The facts that explain each delay of repair and, where appropriate, why the repair was technically infeasible without a process unit or affected facility shutdown. (iii) Dates of process unit or affected facility shutdowns which occurred within the periodic report reporting period. (iv) Revisions to items reported according to paragraph (a)(1) of this section if changes have occurred since the initial report or subsequent revisions to the initial report. (b) Special notifications. Subpart UU—National Emission Standards for Equipment Leaks—Control Level 2 Standards Source: 64 FR 34899, June 29, 1999, unless otherwise noted. § 63.1019 Applicability. (a) The provisions of this subpart apply to the control of air emissions from equipment leaks for which another subpart references the use of this subpart for such air emission control. These air emission standards for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to a referencing subpart. The provisions of 40 CFR part 63, subpart A (General Provisions) do not apply to this subpart except as noted in the referencing subpart. (b) Equipment subject to this subpart. (c) Equipment in vacuum service. (d) Equipment in service less than 300 hours per calendar year. (e) Lines and equipment not containing process fluids. (f) Implementation and enforcement. (1) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (f)(i) through (v) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (i) Approval of alternatives to the nonopacity emissions standards in §§ 63.1022 through 62.1034, under § 63.6(g), and the standards for quality improvement programs in § 63.1035. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (ii) [Reserved] (iii) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (iv) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (v) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. [64 FR 34899, June 29, 1999, as amended at 67 FR 46279, July 12, 2002] § 63.1020 Definitions. All terms used in this part shall have the meaning given them in the Act and in this section. Batch process Batch product-process equipment train Car-seal Closed-loop system Closed-purge system Closed-vent system Combustion device Connector Continuous parameter monitoring system Control device Distance piece Double block and bleed system Equipment First attempt at repair, Fuel gas Fuel gas system In food and medical service (1) A dilution of product quality so that the product would not meet written specifications, (2) An exothermic reaction which is a safety hazard, (3) The intended reaction to be slowed down or stopped, or (4) An undesired side reaction to occur. In gas and vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C, (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream, and (3) The fluid is a liquid at operating conditions. (Note to definition of “in light liquid service”: Vapor pressures may be determined by standard reference texts or ASTM D-2879.) In liquid service In organic hazardous air pollutant or in organic HAP service In regulated material service In-situ sampling systems In vacuum service Initial startup Instrumentation system Liquids dripping Nonrepairable Open-ended valve or line Organic monitoring device Polymerizing monomer Pressure release Pressure relief device or valve Process unit Process unit shutdown (1) An unscheduled work practice or operations procedure that stops production from a process unit, or part of a process unit, for less than 24 hours. (2) An unscheduled work practice or operations procedure that would stop production from a process unit, or part of a process unit, for a shorter period of time than would be required to clear the process unit, or part of the process unit, of materials and start up the unit, and would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown. (3) The use of spare equipment and technically feasible bypassing of equipment without stopping production. Referencing subpart Regulated material, Regulated source Relief device or valve Repaired, Routed to a process or route to a process Sampling connection system Screwed (threaded) connector Sensor Set pressure Start-up § 63.1021 Alternative means of emission limitation. (a) Performance standard exemption. (b) Requests by owners or operators. (c) Requests by manufacturers of equipment. (2) The Administrator will grant permission according to the provisions of paragraph (d) of this section. (d) Permission to use an alternative means of emission limitation. (1) Where the standard is an equipment, design, or operational requirement, the requirements of paragraphs (d)(1)(i) through (d)(1)(iii) of this section apply. (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation. (ii) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements. (iii) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve at least the same emission reduction as the equipment, design, and operational requirements of this subpart. (2) Where the standard is a work practice, the requirements of paragraphs (d)(2)(i) through (d)(2)(vi) of this section apply. (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying test data for the alternative. (ii) For each kind of equipment for which permission is requested, the emission reduction achieved by the required work practices shall be demonstrated for a minimum period of 12 months. (iii) For each kind of equipment for which permission is requested, the emission reduction achieved by the alternative means of emission limitation shall be demonstrated. (iv) Each owner or operator applying for such permission shall commit, in writing, for each kind of equipment to work practices that provide for emission reductions equal to or greater than the emission reductions achieved by the required work practices. (v) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices and will consider the commitment in paragraph (d)(2)(iv) of this section. (vi) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart. (3) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation. (4) If, in the judgement of the Administrator, an alternative means of emission limitation will be approved, the Administrator will publish a notice of the determination in the Federal Register § 63.1022 Equipment identification. (a) General equipment identification. (b) Additional equipment identification. (1) Connectors. (2) Routed to a process or fuel gas system or equipped with a closed vent system and control device. (3) Pressure relief devices. (4) Instrumentation systems. (5) Equipment in service less than 300 hours per calendar year. (c) Special equipment designations: Equipment that is unsafe or difficult-to-monitor Designation and criteria for unsafe-to-monitor. (2) Designation and criteria for difficult-to-monitor. (i) Valves. (B) The process unit or affected facility within which the valve is located is an existing source, or the owner or operator designates less than 3 percent of the total number of valves in a new source as difficult-to-monitor. (ii) Agitators. (3) Identification of unsafe or difficult-to-monitor equipment. (4) Written plan requirements. (ii) The owner or operator of equipment designated as difficult-to-monitor according to the provisions of paragraph (c)(2) of this section shall have a written plan that requires monitoring of the equipment at least once per calendar year and repair of the equipment according to the procedures in § 63.1024 if a leak is detected. (d) Special equipment designations: Equipment that is unsafe-to-repair Designation and criteria. (2) Identification of equipment. (e) Special equipment designations: Compressors operating with an instrument reading of less than 500 parts per million above background. (f) Special equipment designations: Equipment in heavy liquid service. (1) Retain information, data, and analyses used to determine that a piece of equipment is in heavy liquid service. (2) When requested by the Administrator, demonstrate that the piece of equipment or process is in heavy liquid service. (3) A determination or demonstration that a piece of equipment or process is in heavy liquid service shall include an analysis or demonstration that the process fluids do not meet the definition of “in light liquid service.” Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. § 63.1023 Instrument and sensory monitoring for leaks. (a) Monitoring for leaks. (1) Instrument monitoring for leaks. (ii) Pumps in light liquid service shall be monitored pursuant to § 63.1026(b). (iii) Connectors in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1027(b). (iv) Agitators in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1028(c). (v) Pressure relief devices in gas and vapor service shall be monitored pursuant to § 63.1030(c). (vi) Compressors designated to operate with an instrument reading less than 500 parts per million above background, as described in § 63.1022(e), shall be monitored pursuant to § 63.1031(f). (2) Sensory monitoring for leaks. (ii) [Reserved] (iii) Agitators in gas and vapor service and in light liquid service shall be observed pursuant to § 63.1028(c)(3) or (e)(1)(iv). (iv) [Reserved] (b) Instrument monitoring methods. (1) Monitoring method. (2) Detection instrument performance criteria. (ii) If there is no instrument commercially available that will meet the performance criteria specified in paragraph (b)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid, calculated on an inert-free basis as described in paragraph (b)(2)(i) of this section. (3) Detection instrument calibration procedure. (4) Detection instrument calibration gas. (i) Mixtures of methane in air at a concentration no more than 2,000 parts per million greater than the leak definition concentration of the equipment monitored. If the monitoring instrument's design allows for multiple calibration scales, then the lower scale shall be calibrated with a calibration gas that is no higher than 2,000 parts per million above the concentration specified as a leak, and the highest scale shall be calibrated with a calibration gas that is approximately equal to 10,000 parts per million. If only one scale on an instrument will be used during monitoring, the owner or operator need not calibrate the scales that will not be used during that day's monitoring. (ii) A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (b)(2)(i) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (5) Monitoring performance. (6) Monitoring data. (c) Instrument monitoring using background adjustments. (1) The requirements of paragraphs (b)(1) through (b)(5) of this section shall apply. (2) The background level shall be determined, using the procedures in Method 21 of 40 CFR part 60, appendix A. (3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21 of 40 CFR part 60, appendix A. (4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared to the applicable leak definition for the monitored equipment to determine whether there is a leak or to determine compliance with § 63.1030(b) (pressure relief devices) or § 63.1031(f) (alternative compressor standard). (d) Sensory monitoring methods. (e) Leaking equipment identification and records. (2) When each leak is detected, the information specified in § 63.1024(f) shall be recorded and kept pursuant to the referencing subpart, except for the information for connectors complying with the 8 year monitoring period allowed under § 63.1027(b)(3)(iii) shall be kept 5 years beyond the date of its last use. § 63.1024 Leak repair. (a) Leak repair schedule. (b) [Reserved] (c) Leak identification removal Valves and connectors in gas/vapor and light liquid service. (2) Other equipment. (d) Delay of repair. (1) Delay of repair of equipment for which leaks have been detected is allowed if repair within 15 days after a leak is detected is technically infeasible without a process unit or affected facility shutdown. Repair of this equipment shall occur as soon as practical, but no later than the end of the next process unit or affected facility shutdown, except as provided in paragraph (d)(5) of this section. (2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in regulated material service. (3) Delay of repair for valves, connectors, and agitators is also allowed if the provisions of paragraphs (d)(3)(i) and (d)(3)(ii) of this section are met. (i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and (ii) When repair procedures are effected, the purged material is collected and destroyed, collected and routed to a fuel gas system or process, or recovered in a control device complying with either § 63.1034 or § 63.1021(b) of this part. (4) Delay of repair for pumps is also allowed if the provisions of paragraphs (d)(4)(i) and (d)(4)(ii) of this section are met. (i) Repair requires replacing the existing seal design with a new system that the owner or operator has determined under the provisions of § 63.1035(d) will provide better performance or one of the specifications of paragraphs (d)(4)(i)(A) through (d)(4)(i)(C) of this section are met. (A) A dual mechanical seal system that meets the requirements of § 63.1026(e)(1) will be installed; (B) A pump that meets the requirements of § 63.1026(e)(2) will be installed; or (C) A system that routes emissions to a process or a fuel gas system or a closed vent system and control device that meets the requirements of § 63.1026(e)(3) will be installed; and (ii) Repair is completed as soon as practical, but not later than 6 months after the leak was detected. (5) Delay of repair beyond a process unit or affected facility shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit or affected facility shutdown, and valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit or affected facility shutdown will not be allowed unless the third process unit or affected facility shutdown occurs sooner than 6 months after the first process unit or affected facility shutdown. (e) Unsafe-to-repair—connectors. (f) Leak repair records. (1) The date of first attempt to repair the leak. (2) The date of successful repair of the leak. (3) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A at the time the leak is successfully repaired or determined to be nonrepairable. (4) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak as specified in paragraphs (f)(4)(i) and (f)(4)(ii) of this section. (i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (ii) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion. (5) Dates of process unit or affected facility shutdowns that occur while the equipment is unrepaired. § 63.1025 Valves in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (2) The use of monitoring data generated before the regulated source became subject to the referencing subpart to qualify initially for less frequent monitoring is governed by the provisions of § 63.1023(b)(6). (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Monitoring frequency. (i) If at least the greater of 2 valves or 2 percent of the valves in a process unit leak, as calculated according to paragraph (c) of this section, the owner or operator shall monitor each valve once per month. (ii) At process units with less than the greater of 2 leaking valves or 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter, except as provided in paragraphs (b)(3)(iii) through (b)(3)(v) of this section. Monitoring data generated before the regulated source became subject to the referencing subpart and meeting the criteria of either § 63.1023(b)(1) through (b)(5), or § 63.1023(b)(6), may be used to qualify initially for less frequent monitoring under paragraphs (b)(3)(iii) through (b)(3)(v) of this section. (iii) At process units with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every two quarters (iv) At process units with less than 0.5 percent leaking valves, the owner or operator may elect to monitor each valve once every four quarters. (v) At process units with less than 0.25 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 years. (vi) The owner or operator shall keep a record of the monitoring schedule for each process unit. (4) Valve subgrouping. (i) The overall performance of total valves in the applicable process unit or group of process units to be subdivided shall be less than 2 percent leaking valves, as detected according to paragraphs (b)(1) and (b)(2) of this section and as calculated according to paragraphs (c)(1)(ii) and (c)(2) of this section. (ii) The initial assignment or subsequent reassignment of valves to subgroups shall be governed by the provisions of paragraphs (b)(4)(ii)(A) through (b)(4)(ii)(C) of this section. (A) The owner or operator shall determine which valves are assigned to each subgroup. Valves with less than one year of monitoring data or valves not monitored within the last twelve months must be placed initially into the most frequently monitored subgroup until at least one year of monitoring data have been obtained. (B) Any valve or group of valves can be reassigned from a less frequently monitored subgroup to a more frequently monitored subgroup provided that the valves to be reassigned were monitored during the most recent monitoring period for the less frequently monitored subgroup. The monitoring results must be included with that less frequently monitored subgroup's associated percent leaking valves calculation for that monitoring event. (C) Any valve or group of valves can be reassigned from a more frequently monitored subgroup to a less frequently monitored subgroup provided that the valves to be reassigned have not leaked for the period of the less frequently monitored subgroup (e.g., for the last 12 months, if the valve or group of valves is to be reassigned to a subgroup being monitored annually). Nonrepairable valves may not be reassigned to a less frequently monitored subgroup. (iii) The owner or operator shall determine every 6 months if the overall performance of total valves in the applicable process unit or group of process units is less than 2 percent leaking valves and so indicate the performance in the next Periodic Report. If the overall performance of total valves in the applicable process unit or group of process units is 2 percent leaking valves or greater, the owner or operator shall no longer subgroup and shall revert to the program required in paragraphs (b)(1) through (b)(3) of this section for that applicable process unit or group of process units. An owner or operator can again elect to comply with the valve subgrouping procedures of paragraph (b)(4) of this section if future overall performance of total valves in the process unit or group of process units is again less than 2 percent. The overall performance of total valves in the applicable process unit or group of process units shall be calculated as a weighted average of the percent leaking valves of each subgroup according to Equation number 1: where: %V LO %V Li V i n = Number of subgroups. (iv) The owner or operator shall maintain records specified in paragraphs (b)(4)(iv)(A) through (b)(4)(iv)(D) of this section. (A) Which valves are assigned to each subgroup, (B) Monitoring results and calculations made for each subgroup for each monitoring period, (C) Which valves are reassigned, the last monitoring result prior to reassignment, and when they were reassigned, and (D) The results of the semiannual overall performance calculation required in paragraph (b)(4)(iii) of this section. (v) The owner or operator shall notify the Administrator no later than 30 days prior to the beginning of the next monitoring period of the decision to subgroup valves. The notification shall identify the participating process units and the number of valves assigned to each subgroup, if applicable, and may be included in the next Periodic Report. (vi) The owner or operator shall submit in the periodic reports the information specified in paragraphs (b)(4)(vi)(A) and (b)(4)(vi)(B). (A) Total number of valves in each subgroup, and (B) Results of the semiannual overall performance calculation required by paragraph (b)(4)(iii) of this section. (vii) To determine the monitoring frequency for each subgroup, the calculation procedures of paragraph (c)(2) of this section shall be used. (viii) Except for the overall performance calculations required by paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be treated as if it were a process unit for the purposes of applying the provisions of this section. (c) Percent leaking valves calculation Calculation basis and procedures. (ii) The percent leaking valves for each monitoring period for each process unit or valve subgroup, as provided in paragraph (b)(4) of this section, shall be calculated using the following equation: where: %V L V L V T (2) Calculation for monitoring frequency. (3) Nonrepairable valves. (ii) If the number of nonrepairable valves exceeds 1 percent of the total number of valves in regulated material service at a process unit or affected facility, the number of nonrepairable valves exceeding 1 percent of the total number of valves in regulated material service shall be included in the calculation of percent leaking valves. (d) Leak repair. (2) After a leak has been repaired, the valve shall be monitored at least once within the first 3 months after its repair. The monitoring required by this paragraph is in addition to the monitoring required to satisfy the definition of repaired and first attempt at repair. (i) The monitoring shall be conducted as specified in § 63.1023(b) and (c) of this section, as appropriate, to determine whether the valve has resumed leaking. (ii) Periodic monitoring required by paragraph (b) of this section may be used to satisfy the requirements of this paragraph, if the timing of the monitoring period coincides with the time specified in this paragraph. Alternatively, other monitoring may be performed to satisfy the requirements of this paragraph, regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in this paragraph. (iii) If a leak is detected by monitoring that is conducted pursuant to paragraph (d)(2) of this section, the owner or operator shall follow the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section, to determine whether that valve must be counted as a leaking valve for purposes of paragraph (c)(1)(ii) of this section. (A) If the owner or operator elected to use periodic monitoring required by paragraph (b) of this section to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve. (B) If the owner or operator elected to use other monitoring, prior to the periodic monitoring required by paragraph (b) of this section, to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve unless it is repaired and shown by periodic monitoring not to be leaking. (e) Special provisions for valves Unsafe-to-monitor valves. (2) Difficult-to-monitor valves. (3) Fewer than 250 valves. § 63.1026 Pumps in light liquid service standards. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method and frequency. (2) Instrument reading that defines a leak. (i) 5,000 parts per million or greater for pumps handling polymerizing monomers; (ii) 2,000 parts per million or greater for pumps in food/medical service; and (iii) 1,000 parts per million or greater for all other pumps. (3) Leak repair exception. (4) Visual inspection. (i) The owner or operator shall monitor the pump as specified in § 63.1023(b) and, as applicable, § 63.1023(c). If the instrument reading indicates a leak as specified in paragraph (b)(2) of this section, a leak is detected and it shall be repaired using the procedures in § 63.1024, except as specified in paragraph (b)(3) of this section; or (ii) The owner or operator shall eliminate the visual indications of liquids dripping. (c) Percent leaking pumps calculation. (2) If, when calculated on a 6-month rolling average, at least the greater of either 10 percent of the pumps in a process unit or three pumps in a process unit leak, the owner or operator shall implement a quality improvement program for pumps that complies with the requirements of § 63.1035. (3) The number of pumps at a process unit or affected facility shall be the sum of all the pumps in regulated material service, except that pumps found leaking in a continuous process unit or affected facility within 1 month after start-up of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (4) Percent leaking pumps shall be determined by the following equation: Where: %P L P L P S P T (d) Leak repair. (e) Special provisions for pumps Dual mechanical seal pumps. (i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. The owner or operator shall keep records at the plant of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes. This record must be available for review by an inspector. (ii) Each dual mechanical seal system shall meet the requirements specified in paragraph (e)(1)(ii)(A), (e)(1)(ii)(B), or (e)(1)(ii)(C) of this section. (A) Each dual mechanical seal system is operated with the barrier fluid at a pressure that is at all times (except periods of startup, shutdown, or malfunction) greater than the pump stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of either § 63.1034 or § 63.1021(b) of this part; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (iii) The barrier fluid is not in light liquid service. (iv) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (v) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in paragraphs (e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the pump as specified in § 63.1023(b) and, as applicable, § 63.1023 (c), to determine if there is a leak of regulated material in the barrier fluid. If an instrument reading of 1,000 parts per million or greater is measured, a leak is detected and it shall be repaired using the procedures in § 63.1024; or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (vi) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(1)(i) of this section, or if based on the criteria established in paragraph (e)(1)(i) of this section the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (vii) Each sensor as described in paragraph (e)(1)(iv) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of this section, it shall be repaired as specified in § 63.1024. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) 90 percent exemption. (6) Unsafe-to-monitor pumps. [64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999] § 63.1027 Connectors in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Monitoring periods. (i) If the percent leaking connectors in the process unit was greater than or equal to 0.5 percent, then monitor within 12 months (1 year). (ii) If the percent leaking connectors in the process unit was greater than or equal to 0.25 percent but less than 0.5 percent, then monitor within 4 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 40 percent of the connectors within 2 years of the start of the monitoring period, provided all connectors have been monitored by the end of the 4 year monitoring period. (iii) If the percent leaking connectors in the process unit was less than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or (b)(3)(iii)(C) of this section, as appropriate. (A) An owner or operator shall monitor at least 50 percent of the connectors within 4 years of the start of the monitoring period. (B) If the percent leaking connectors calculated from the monitoring results in paragraph (b)(3)(iii)(A) of this section is greater than or equal to 0.35 percent of the monitored connectors, the owner or operator shall monitor as soon as practical, but within the next 6 months, all connectors that have not yet been monitored during the monitoring period. At the conclusion of monitoring, a new monitoring period shall be started pursuant to paragraph (b)(3) of this section, based on the percent leaking connectors of the total monitored connectors. (C) If the percent leaking connectors calculated from the monitoring results in paragraph (b)(3)(iii)(A) of this section is less than 0.35 percent of the monitored connectors, the owner or operator shall monitor all connectors that have not yet been monitored within 8 years of the start of the monitoring period. (iv) If, during the monitoring conducted pursuant to paragraph (b)(3)(i) through (b)(3)(iii) of this section, a connector is found to be leaking, it shall be re-monitored once within 90 days after repair to confirm that it is not leaking. (v) The owner or operator shall keep a record of the start date and end date of each monitoring period under this section for each process unit. (c) Percent leaking connectors calculation. Where: %C L C L C t (d) Leak repair. (e) Special provisions for connectors Unsafe-to-monitor connectors. (2) Inaccessible, ceramic, or ceramic-lined connectors. (A) Buried; (B) Insulated in a manner that prevents access to the connector by a monitor probe; (C) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; (D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold that would allow access to connectors up to 7.6 meters (25 feet) above the ground. (E) Inaccessible because it would require elevating the monitoring personnel more than 2 meters (7 feet) above a permanent support surface or would require the erection of scaffold; (F) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment. (ii) If any inaccessible, ceramic or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the visual, audible, olfactory, or other indications of a leak to the atmosphere shall be eliminated as soon as practical. § 63.1028 Agitators in gas and vapor service and in light liquid service standards. (a) Compliance schedule. (b) [Reserved] (c) Leak detection Monitoring method. (2) Instrument reading that defines a leak. (3) Visual inspection. (ii) If there are indications of liquids dripping from the agitator seal, the owner or operator shall follow the procedures specified in paragraphs (c)(3)(ii)(A) or (c)(3)(ii)(B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the agitator seal as specified in § 63.1023(b) and, as applicable, § 63.1023(c), to determine if there is a leak of regulated material. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected, and it shall be repaired according to paragraph (d) of this section; or (B) The owner or operator shall eliminate the indications of liquids dripping from the agitator seal. (d) Leak repair. (e) Special provisions for agitators Dual mechanical seal. (i) Each dual mechanical seal system shall meet the applicable requirements specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or (e)(1)(i)(C) of this section. (A) Operated with the barrier fluid at a pressure that is at all times (except during periods of startup, shutdown, or malfunction) greater than the agitator stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that meets the requirements of either § 63.1034 or § 63.1021(b); or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (ii) The barrier fluid is not in light liquid service. (iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (iv) Each agitator seal is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in paragraphs (e)(1)(iv)(A) or (e)(1)(iv)(B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the agitator seal as specified in § 63.1023(b) and, as applicable, § 63.1023(c), to determine the presence of regulated material in the barrier fluid. If an instrument reading equivalent to or greater than 10,000 ppm is measured, a leak is detected and it shall be repaired using the procedures in § 63.1024, or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (v) Each sensor as described in paragraph (e)(1)(iii) of this section is observed daily or is equipped with an alarm unless the agitator seal is located within the boundary of an unmanned plant site. (vi) The owner or operator of each dual mechanical seal system shall meet the requirements specified in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B). (A) The owner or operator shall determine, based on design considerations and operating experience, criteria that indicates failure of the seal system, the barrier fluid system, or both and applicable to the presence and frequency of drips. If indications of liquids dripping from the agitator seal exceed the criteria, or if, based on the criteria the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected and shall be repaired pursuant to § 63.1024, as applicable. (B) The owner or operator shall keep records of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) Difficult-to-monitor agitator seals. (6) Equipment obstructions. (7) Unsafe-to-monitor agitator seals. § 63.1029 Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems standards. (a) Compliance schedule. (b) Leak detection Monitoring method. (2) Instrument reading that defines a leak. (c) Leak repair. [64 FR 34899, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999] § 63.1030 Pressure relief devices in gas and vapor service standards. (a) Compliance schedule. (b) Compliance standard. (c) Pressure relief requirements. (2) The pressure relief device shall be monitored no later than five calendar days after the pressure to confirm the condition indicated by an instrument reading of less than 500 parts per million above background, as measured by the method specified in § 63.1023(b) and, as applicable, § 63.1023(c). (3) The owner or operator shall record the dates and results of the monitoring required by paragraph (c)(2) of this section following a pressure release including the background level measured and the maximum instrument reading measured during the monitoring. (d) Pressure relief devices routed to a process or fuel gas system or equipped with a closed vent system and control device. (e) Rupture disk exemption. § 63.1031 Compressors standards. (a) Compliance schedule. (b) Seal system standard. (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure at all times (except during periods of startup, shutdown, or malfunction); or (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that meets the requirements of either § 63.1034 or § 63.1021(b); or (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream. (c) Barrier fluid system. (d) Failure criterion and leak detection. (2) The owner or operator shall keep records of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes. (e) Routed to a process or fuel gas system or equipped with a closed vent system. (f) Alternative compressor standard. (2) The owner or operator shall record the dates and results of each compliance test including the background level measured and the maximum instrument reading measured during each compliance test. § 63.1032 Sampling connection systems standards. (a) Compliance schedule. (b) Equipment requirement. (c) Equipment design and operation. (1) The system shall return the purged process fluid directly to a process line or to a fuel gas system that meets the requirements of either § 63.1034 or § 63.1021(b); or (2) [Reserved] (3) Be designed and operated to capture and transport all the purged process fluid to a control device that meets the requirements of either § 63.1034 or § 63.1021(b); or (4) Collect, store, and transport the purged process fluid to a system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or (c)(4)(iii) of this section. (i) A waste management unit as defined in 40 CFR 63.111 or subpart G, if the waste management unit is subject to and operating in compliance with the provisions of 40 CFR part 63, subpart G, applicable to group 1 wastewater streams. If the purged process fluid does not contain any regulated material listed in Table 9 of 40 CFR part 63, subpart G, the waste management unit need not be subject to, and operated in compliance with the requirements of 40 CFR part 63, subpart G, applicable to group 1 wastewater steams provided the facility has a National Pollution Discharge Elimination System (NPDES) permit or sends the wastewater to an NPDES-permitted facility. (ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR parts 262, 264, 265, or 266; or (iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261. (5) Containers that are part of a closed purge system must be covered or closed when not being filled or emptied. (d) In-situ sampling systems. § 63.1033 Open-ended valves or lines standards. (a) Compliance schedule. (b) Equipment and operational requirements. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (b)(1) of this section at all other times. (c) Emergency shutdown exemption. (d) Polymerizing materials exemption. § 63.1034 Closed vent systems and control devices; or emissions routed to a fuel gas system or process standards. (a) Compliance schedule. (b) Compliance standard. (2) Owners or operators of closed vent systems and control devices used to comply with the provisions of this subpart shall comply with the provisions of subpart SS of this part and (b)(2)(i) through (b)(2)(iii) of this section, except as provided in § 63.1002(b). (i) Nonflare control devices shall be designed and operated to reduce emissions of regulated material vented to them with an efficiency of 95 percent or greater, or to an exit concentration of 20 parts per million by volume, whichever is less stringent. The 20 parts per million by volume standard is not applicable to the provisions of § 63.1016. (ii) Enclosed combustion devices shall be designed and operated to reduce emissions of regulated material vented to them with an efficiency of 95 percent or greater, or to an exit concentration of 20 parts per million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less stringent, or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 °C (1400 °F). (iii) Flares used to comply with the provisions of this subpart shall comply with the requirements of subpart SS of this part. § 63.1035 Quality improvement program for pumps. (a) Criteria. (1) Pumps that are in food and medical service or in polymerizing monomer service shall comply with all requirements except for those specified in paragraph (d)(8) of this section. (2) Pumps that are not in food and medical or polymerizing monomer service shall comply with all of the requirements of this section. (b) Exiting the QIP. (c) Resumption of QIP. (d) QIP requirements. (1) The owner or operator shall comply with the requirements in § 63.1026. (2) Data collection. (i) Pump type (e.g., piston, horizontal or vertical centrifugal, gear, bellows); pump manufacturer; seal type and manufacturer; pump design (e.g., external shaft, flanged body); materials of construction; if applicable, barrier fluid or packing material; and year installed. (ii) Service characteristics of the stream such as discharge pressure, temperature, flow rate, corrosivity, and annual operating hours. (iii) The maximum instrument readings observed in each monitoring observation before repair, response factor for the stream if appropriate, instrument model number, and date of the observation. (iv) If a leak is detected, the repair methods used and the instrument readings after repair. (v) If the data will be analyzed as part of a larger analysis program involving data from other plants or other types of process units or affected facilities, a description of any maintenance or quality assurance programs used in the process unit or affected facility that are intended to improve emission performance. (3) The owner or operator shall continue to collect data on the pumps as long as the process unit or affected facility (or plant site) remains in the quality improvement program. (4) Pump or pump seal inspection. (5)(i) Data analysis. (ii) The analysis shall also be used to determine if there are superior performing pump or pump seal technologies that are applicable to the service(s), operating conditions, or pump or pump seal designs associated with poorer than average emission performance. A superior performing pump or pump seal technology is one with a leak frequency of less than 10 percent for specific applications in the process unit, affected facility, or plant site. A candidate superior performing pump or pump seal technology is one demonstrated or reported in the available literature or through a group study as having low emission performance and as being capable of achieving less than 10 percent leaking pumps in the process unit or affected facility (or plant site). (iii) The analysis shall include consideration of the information specified in paragraphs (d)(5)(iii)(A) through (d)(5)(iii)(C) of this section. (A) The data obtained from the inspections of pumps and pump seals removed from the process unit or affected facility due to leaks; (B) Information from the available literature and from the experience of other plant sites that will identify pump designs or technologies and operating conditions associated with low emission performance for specific services; and (C) Information on limitations on the service conditions for the pump seal technology operating conditions as well as information on maintenance procedures to ensure continued low emission performance. (iv) The data analysis may be conducted through an inter- or intra-company program (or through some combination of the two approaches) and may be for a single process unit, a plant site, a company, or a group of process units. (v) The first analysis of the data shall be completed no later than 18 months after the start of the quality improvement program. The first analysis shall be performed using data collected for a minimum of 6 months. An analysis of the data shall be done each year the process unit or affected facility is in the quality improvement program. (6) Trial evaluation program. (i) The trial evaluation program shall include on-line trials of pump seal technologies or pump designs and operating and maintenance practices that have been identified in the available literature or in analysis by others as having the ability to perform with leak rates below 10 percent in similar services, as having low probability of failure, or as having no external actuating mechanism in contact with the process fluid. If any of the candidate superior performing pump seal technologies or pumps is not included in the performance trials, the reasons for rejecting specific technologies from consideration shall be documented as required in paragraph (e)(3)(ii) of this section. (ii) The number of pump seal technologies or pumps in the trial evaluation program shall be the lesser of 1 percent or two pumps for programs involving single process units or affected facilities and the lesser of 1 percent or five pumps for programs involving a plant site or groups of process units or affected facilities. The minimum number of pumps or pump seal technologies in a trial program shall be one. (iii) The trial evaluation program shall specify and include documentation of the information specified in paragraphs (d)(6)(iii)(A) through (d)(6)(iii)(D) of this section. (A) The candidate superior performing pump seal designs or technologies to be evaluated, the stages for evaluating the identified candidate pump designs or pump seal technologies, including the time period necessary to test the applicability; (B) The frequency of monitoring or inspection of the equipment; (C) The range of operating conditions over which the component will be evaluated; and (D) Conclusions regarding the emission performance and the appropriate operating conditions and services for the trial pump seal technologies or pumps. (iv) The performance trials shall initially be conducted, at least, for a 6-month period beginning not later than 18 months after the start of the quality improvement program. No later than 24 months after the start of the quality improvement program, the owner or operator shall have identified pump seal technologies or pump designs that, combined with appropriate process, operating, and maintenance practices, operate with low emission performance for specific applications in the process unit or affected facility. The owner or operator shall continue to conduct performance trials as long as no superior performing design or technology has been identified, except as provided in paragraph (d)(6)(vi) of this section. The initial list of superior emission performance pump designs or pump seal technologies shall be amended in the future, as appropriate, as additional information and experience are obtained. (v) Any plant site with fewer than 400 valves and owned by a corporation with fewer than 100 employees shall be exempt from trial evaluations of pump seals or pump designs. Plant sites exempt from the trial evaluations of pumps shall begin the pump seal or pump replacement program at the start of the fourth year of the quality improvement program. (vi) An owner or operator who has conducted performance trials on all alternative superior emission performance technologies suitable for the required applications in the process unit or affected facility may stop conducting performance trials provided that a superior performing design or technology has been demonstrated or there are no technically feasible alternative superior technologies remaining. The owner or operator shall prepare an engineering evaluation documenting the physical, chemical, or engineering basis for the judgment that the superior emission performance technology is technically infeasible or demonstrating that it would not reduce emissions. (7) Quality assurance program. (i) The quality assurance program shall meet the requirements specified in paragraphs (d)(7)(i)(A) through (d)(7)(i)(D) of this section. (A) Establish minimum design standards for each category of pumps or pump seal technology. The design standards shall specify known critical parameters such as tolerance, manufacturer, materials of construction, previous usage, or other applicable identified critical parameters; (B) Require that all equipment orders specify the design standard (or minimum tolerances) for the pump or the pump seal; (C) Provide for an audit procedure for quality control of purchased equipment to ensure conformance with purchase specifications. The audit program may be conducted by the owner or operator of the plant site or process unit or affected facility, or by a designated representative; and (D) Detail off-line pump maintenance and repair procedures. These procedures shall include provisions to ensure that rebuilt or refurbished pumps and pump seals will meet the design specifications for the pump category and will operate so that emissions are minimized. (ii) The quality assurance program shall be established no later than the start of the third year of the quality improvement program for plant sites with 400 or more valves or 100 or more employees; and no later than the start of the fourth year of the quality improvement program for plant sites with less than 400 valves and less than 100 employees. (8) Pump or pump seal replacement. (i) Pumps or pump seals shall be replaced at the rate of 20 percent per year based on the total number of pumps in light liquid service. The calculated value shall be rounded to the nearest nonzero integer value. The minimum number of pumps or pump seals shall be one. Pump replacement shall continue until all pumps subject to the requirements of § 63.1026 are pumps determined to be superior performance technology. (ii) The owner or operator may delay replacement of pump seals or pumps with superior technology until the next planned process unit or affected facility shutdown, provided the number of pump seals and pumps replaced is equivalent to the 20 percent or greater annual replacement rate. (iii) The pumps shall be maintained as specified in the quality assurance program. (e) QIP recordkeeping. (1) When using a pump quality improvement program as specified in this section, record the information specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this section. (i) The rolling average percent leaking pumps. (ii) Documentation of all inspections conducted under the requirements of paragraph (d)(4) of this section, and any recommendations for design or specification changes to reduce leak frequency. (iii) The beginning and ending dates while meeting the requirements of paragraph (d) of this section. (2) If a leak is not repaired within 15 calendar days after discovery of the leak, the reason for the delay and the expected date of successful repair. (3) Records of all analyses required in paragraph (d) of this section. The records will include the information specified in paragraphs (e)(3)(i) through (e)(3)(iv) of this section. (i) A list identifying areas associated with poorer than average performance and the associated service characteristics of the stream, the operating conditions and maintenance practices. (ii) The reasons for rejecting specific candidate superior emission performing pump technology from performance trials. (iii) The list of candidate superior emission performing valve or pump technologies, and documentation of the performance trial program items required under paragraph (d)(6)(iii) of this section. (iv) The beginning date and duration of performance trials of each candidate superior emission performing technology. (4) All records documenting the quality assurance program for pumps as specified in paragraph (d)(7) of this section, including records indicating that all pumps replaced or modified during the period of the quality improvement program are in compliance with the quality assurance. (5) Records documenting compliance with the 20 percent or greater annual replacement rate for pumps as specified in paragraph (d)(8) of this section. (6) Information and data to show the corporation has fewer than 100 employees, including employees providing professional and technical contracted services. § 63.1036 Alternative means of emission limitation: Batch processes. (a) General requirement. (b) Pressure testing of the batch equipment. (1) Reconfiguration. (i) When the batch product-process equipment train is reconfigured to produce a different product, pressure testing is required only for the new or disturbed equipment. (ii) Each batch product process that operates in regulated material service during a calendar year shall be pressure-tested at least once during that calendar year. (iii) Pressure testing is not required for routine seal breaks, such as changing hoses or filters, that are not part of the reconfiguration to produce a different product or intermediate. (2) Testing procedures. (3) Leak detection. (ii) For pressure tests using a liquid, a leak is detected if there are indications of liquids dripping or if there is other evidence of fluid loss. (4) Leak repair. (ii) If a batch product-process fails the retest (the second of two consecutive pressure tests), it shall be repaired as soon as practical, but not later than 30 calendar days after the second pressure test except as specified in paragraph (e) of this section. (5) Gas pressure test procedure for pressure or vacuum loss. (i) The batch product-process equipment train shall be pressurized with a gas to a pressure less than the set pressure of any safety relief devices or valves or to a pressure slightly above the operating pressure of the equipment, or alternatively the equipment shall be placed under a vacuum. (ii) Once the test pressure is obtained, the gas source or vacuum source shall be shut off. (iii) The test shall continue for not less than 15 minutes unless it can be determined in a shorter period of time that the allowable rate of pressure drop or of pressure rise was exceeded. The pressure in the batch product-process equipment shall be measured after the gas or vacuum source is shut off and at the end of the test period. The rate of change in pressure in the batch product-process equipment shall be calculated using the following equation: Where: Δ (P/t) = Change in pressure, pounds per square inch gauge per hour. P f P i t f i (iv) The pressure shall be measured using a pressure measurement device (gauge, manometer, or equivalent) that has a precision of ±2.5 millimeter mercury (0.10 inch of mercury) in the range of test pressure and is capable of measuring pressures up to the relief set pressure of the pressure relief device. If such a pressure measurement device is not reasonably available, the owner or operator shall use a pressure measurement device with a precision of at least ±10 percent of the test pressure of the equipment and shall extend the duration of the test for the time necessary to detect a pressure loss or rise that equals a rate of 1 pound per square inch gauge per hour (7 kilopascals per hour). (v) An alternative procedure may be used for leak testing the equipment if the owner or operator demonstrates the alternative procedure is capable of detecting a pressure loss or rise. (6) Pressure test procedure using test liquid. (i) The batch product-process equipment train, or section of the equipment train, shall be filled with the test liquid (e.g., water, alcohol) until normal operating pressure is obtained. Once the equipment is filled, the liquid source shall be shut off. (ii) The test shall be conducted for a period of at least 60 minutes, unless it can be determined in a shorter period of time that the test is a failure. (iii) Each seal in the equipment being tested shall be inspected for indications of liquid dripping or other indications of fluid loss. If there are any indications of liquids dripping or of fluid loss, a leak is detected. (iv) An alternative procedure may be used for leak testing the equipment, if the owner or operator demonstrates the alternative procedure is capable of detecting losses of fluid. (7) Pressure testing recordkeeping. (i) The identification of each product, or product code, produced during the calendar year. It is not necessary to identify individual items of equipment in a batch product process equipment train. (ii) Physical tagging of the equipment to identify that it is in regulated material service and subject to the provisions of this subpart is not required. Equipment in a batch product process subject to the provisions of this subpart may be identified on a plant site plan, in log entries, or by other appropriate methods. (iii) The dates of each pressure test required in paragraph (b) of this section, the test pressure, and the pressure drop observed during the test. (iv) Records of any visible, audible, or olfactory evidence of fluid loss. (v) When a batch product process equipment train does not pass two consecutive pressure tests, the information specified in paragraphs (b)(7)(v)(A) through (b)(7)(v)(E) of this section shall be recorded in a log and kept for 2 years: (A) The date of each pressure test and the date of each leak repair attempt. (B) Repair methods applied in each attempt to repair the leak. (C) The reason for the delay of repair. (D) The expected date for delivery of the replacement equipment and the actual date of delivery of the replacement equipment; and (E) The date of successful repair. (c) Equipment monitoring. (1) The owner or operator shall comply with the requirements of §§ 63.1025 through 63.1035 as modified by paragraphs (c)(2) through (c)(4) of this section. (2) The equipment shall be monitored for leaks by the method specified in § 63.1023(b) and, as applicable, § 63.1023(c), when the equipment is in regulated material service or is in use with any other detectable material. (3) The equipment shall be monitored for leaks as specified in paragraphs (c)(3)(i) through (c)(3)(iv) of this section. (i) Each time the equipment is reconfigured for the production of a new product, the reconfigured equipment shall be monitored for leaks within 30 days of start-up of the process. This initial monitoring of reconfigured equipment shall not be included in determining percent leaking equipment in the process unit or affected facility. (ii) Connectors shall be monitored in accordance with the requirements in § 63.1027. (iii) Equipment other than connectors shall be monitored at the frequencies specified in table 1 to this subpart. The operating time shall be determined as the proportion of the year the batch product-process that is subject to the provisions of this subpart is operating. (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) of this section are not requirements for monitoring at specific intervals and can be adjusted to accommodate process operations. An owner or operator may monitor anytime during the specified monitoring period (e.g., month, quarter, year), provided the monitoring is conducted at a reasonable interval after completion of the last monitoring campaign. For example, if the equipment is not operating during the scheduled monitoring period, the monitoring can be done during the next period when the process is operating. (4) If a leak is detected, it shall be repaired as soon as practical but not later than 15 calendar days after it is detected, except as provided in paragraph (e) of this section. (d) Added equipment recordkeeping. (2) Maintain records demonstrating the proportion of the time during the calendar year the equipment is in use in a batch process that is subject to the provisions of this subpart. Examples of suitable documentation are records of time in use for individual pieces of equipment or average time in use for the process unit or affected facility. These records are not required if the owner or operator does not adjust monitoring frequency by the time in use, as provided in paragraph (c)(3)(iii) of this section. (3) Record and keep pursuant to the referencing subpart and this subpart, the date and results of the monitoring required in paragraph (c)(3)(i) of this section for equipment added to a batch product-process unit or affected facility since the last monitoring period required in paragraphs (c)(3)(ii) and (c)(3)(iii) of this section. If no leaking equipment is found during this monitoring, the owner or operator shall record that the inspection was performed. Records of the actual monitoring results are not required. (e) Delay of repair. (1) Equipment supplies have been depleted and supplies had been sufficiently stocked before the supplies were depleted. (2) The repair is made no later than 10 calendar days after delivery of the replacement equipment. (f) Periodic report contents. (1) Batch product process equipment train identification; (2) The number of pressure tests conducted; (3) The number of pressure tests where the equipment train failed the pressure test; and (4) The facts that explain any delay of repairs. § 63.1037 Alternative means of emission limitation: Enclosed-vented process units or affected facilities. (a) Use of closed vent system and control device. (b) Recordkeeping. (1) Identification of the process unit(s) or affected facilities and the regulated materials they handle. (2) A schematic of the process unit or affected facility, enclosure, and closed vent system. (3) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. § 63.1038 Recordkeeping requirements. (a) Recordkeeping system. (b) General equipment leak records. (2) The owner or operator shall keep a written plan as specified in § 63.1022(c)(4) for any equipment that is designated as unsafe- or difficult-to-monitor. (3) The owner or operator shall maintain a record of the identity and an explanation as specified in § 63.1022(d)(2) for any equipment that is designated as unsafe-to-repair. (4) As specified in § 63.1022(e), the owner or operator shall maintain the identity of compressors operating with an instrument reading of less than 500 parts per million. (5) The owner or operator shall keep records associated with the determination that equipment is in heavy liquid service as specified in § 63.1022(f). (6) The owner or operator shall keep records for leaking equipment as specified in § 63.1023(e)(2). (7) The owner or operator shall keep records for leak repair as specified in § 63.1024(f) and records for delay of repair as specified in § 63.1024(d). (c) Specific equipment leak records. (i) The monitoring schedule for each process unit as specified in § 63.1025(b)(3)(vi). (ii) The valve subgrouping records specified in § 63.1025(b)(4)(iv), if applicable. (2) For pumps, the owner or operator shall maintain the records specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. (i) Documentation of pump visual inspections as specified in § 63.1026(b)(4). (ii) Documentation of dual mechanical seal pump visual inspections as specified in § 63.1026(e)(1)(v). (iii) For the criteria as to the presence and frequency of drips for dual mechanical seal pumps, records of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1026(e)(1)(i). (3) For connectors, the owner or operator shall maintain the monitoring schedule for each process unit as specified in § 63.1027(b)(3)(v). (4) For agitators, the owner or operator shall maintain the following records: (i) Documentation of agitator seal visual inspections as specified in § 63.1028; and (ii) For the criteria as to the presence and frequency of drips for agitators, the owner or operator shall keep records of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1028(e)(1)(vi). (5) For pressure relief devices in gas and vapor or light liquid service, the owner or operator shall keep records of the dates and results of monitoring following a pressure release, as specified in § 63.1030(c)(3). (6) For compressors, the owner or operator shall maintain the records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this section. (i) For criteria as to failure of the seal system and/or the barrier fluid system, record the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1031(d)(2). (ii) For compressors operating under the alternative compressor standard, record the dates and results of each compliance test as specified in § 63.1031(f)(2). (7) For a pump QIP program, the owner or operator shall maintain the records specified in paragraphs (c)(7)(i) through (c)(7)(v) of this section. (i) Individual pump records as specified in § 63.1035(d)(2). (ii) Trial evaluation program documentation as specified in § 63.1035(d)(6)(iii). (iii) Engineering evaluation documenting the basis for judgement that superior emission performance technology is not applicable as specified in § 63.1035(d)(6)(vi). (iv) Quality assurance program documentation as specified in § 63.1035(d)(7). (v) QIP records as specified in § 63.1035(e). (8) For process units complying with the batch process unit alternative, the owner or operator shall maintain the records specified in paragraphs (c)(8)(i) and (c)(8)(ii) of this section. (i) Pressure test records as specified in § 63.1036(b)(7). (ii) Records for equipment added to the process unit as specified in § 63.1036(d). (9) For process units complying with the enclosed-vented process unit alternative, the owner or operator shall maintain the records for enclosed-vented process units as specified in § 63.1037(b). § 63.1039 Reporting requirements. (a) Initial Compliance Status Report. (1) The notification shall provide the information listed in paragraphs (a)(1)(i) through (a)(1)(iv) of this section for each process unit or affected facility subject to the requirements of this subpart. (i) Process unit or affected facility identification. (ii) Number of each equipment type (e.g., valves, pumps) excluding equipment in vacuum service. (iii) Method of compliance with the standard (e.g., “monthly leak detection and repair” or “equipped with dual mechanical seals”). (iv) Planned schedule for requirements in §§ 63.1025 and 63.1026. (2) The notification shall provide the information listed in paragraphs (a)(2)(i) and (a)(2)(ii) of this section for each process unit or affected facility subject to the requirements of § 63.1036(b). (i) Batch products or product codes subject to the provisions of this subpart, and (ii) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this subpart. (3) The notification shall provide the information listed in paragraphs (a)(3)(i) and (a)(3)(ii) of this section for each process unit or affected facility subject to the requirements in § 63.1037. (i) Process unit or affected facility identification. (ii) A description of the system used to create a negative pressure in the enclosure and the control device used to comply with the requirements of § 63.1034 of this part. (b) Periodic Reports. (1) For the equipment specified in paragraphs (b)(1)(i) through (b)(1)(v) of this section, report in a summary format by equipment type, the number of components for which leaks were detected and for valves, pumps and connectors show the percent leakers, and the total number of components monitored. Also include the number of leaking components that were not repaired as required by § 63.1024, and for valves and connectors, identify the number of components that are determined by § 63.1025(c)(3) to be nonrepairable. (i) Valves in gas and vapor service and in light liquid service pursuant to § 63.1025(b) and (c). (ii) Pumps in light liquid service pursuant to § 63.1026(b) and (c). (iii) Connectors in gas and vapor service and in light liquid service pursuant to § 63.1027(b) and (c). (iv) Agitators in gas and vapor service and in light liquid service pursuant to § 63.1028(c). (v) Compressors pursuant to § 63.1031(d). (2) Where any delay of repair is utilized pursuant to § 63.1024(d), report that delay of repair has occurred and report the number of instances of delay of repair. (3) If applicable, report the valve subgrouping information specified in § 63.1025(b)(4)(iv). (4) For pressure relief devices in gas and vapor service pursuant to § 63.1030(b) and for compressors pursuant to § 63.1031(f) that are to be operated at a leak detection instrument reading of less than 500 parts per million, report the results of all monitoring to show compliance conducted within the semiannual reporting period. (5) Report, if applicable, the initiation of a monthly monitoring program for valves pursuant to § 63.1025(b)(3)(i). (6) Report, if applicable, the initiation of a quality improvement program for pumps pursuant to § 63.1035. (7) Where the alternative means of emissions limitation for batch processes is utilized, report the information listed in § 63.1036(f). (8) Report the information listed in paragraph (a) of this section for the Initial Compliance Status Report for process units or affected facilities with later compliance dates. Report any revisions to items reported in an earlier Initial Compliance Status Report if the method of compliance has changed since the last report. Table 1 to Subpart UU of Part 63—Batch Processes Monitoring Frequency For Equipment Other Than Connectors Operating time Equivalent continuous process monitoring frequency time in use Monthly Quarterly Semiannually 0 to <25% Quarterly Annually Annually. 25 to <50% Quarterly Semiannually Annually. 50 to <75% Bimonthly Three times Semiannually. 75 to 100% Monthly Quarterly Semiannually. Subpart VV—National Emission Standards for Oil-Water Separators and Organic-Water Separators Source: 61 FR 34195, July 1, 1996, unless otherwise noted. § 63.1040 Applicability. The provisions of this subpart apply to the control of air emissions from oil-water separators and organic-water separators for which another subpart of 40 CFR parts 60, 61, or 63 references the use of this subpart for such air emission control. These air emission standards for oil-water separators and organic-water separators are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the other subparts that reference this subpart. The provisions of 40 CFR part 63, subpart A—General Provisions do not apply to this subpart except as noted in the subpart that references this subpart. § 63.1041 Definitions. All terms used in this subpart shall have the meaning given to them in the Act and in this section. If a term is defined in both this section and in another subpart that references the use of this subpart, then the definition in this subpart shall take precedence when implementing this subpart. Closure device Continuous seal Fixed roof Floating roof Liquid-mounted seal Oil-water separator Organic-water separator Metallic shoe seal No detectable organic emissions Regulated-material Safety device Separator [61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999] § 63.1042 Standards—Separator fixed roof. (a) This section applies to owners and operators subject to this subpart and controlling air emissions from an oil-water separator or organic-water separator using a fixed roof. (b) The separator shall be equipped with a fixed roof designed to meet the following specifications: (1) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the separator. (2) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the separator wall. (3) Each opening in the fixed roof shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device. (4) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the regulated-material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability; the effects of any contact with the liquid and its vapors managed in the separator; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the separator on which the fixed roof is installed. (c) Whenever a regulated-material is in the separator, the fixed roof shall be installed with each closure device secured in the closed position except as follows: (1) Opening of closure devices or removal of the fixed roof is allowed at the following times: (i) To provide access to the separator for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the separator, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the separator. (ii) To remove accumulated sludge or other residues from the bottom of separator. (2) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the pressure in vapor headspace underneath the fixed roof in accordance with the separator design specifications. The device shall be designed to operate with no detectable organic emissions, as determined using the procedure specified in § 63.1046(a) of this subpart, when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the pressure in the vapor headspace underneath the fixed roof is within the pressure operating range determined by the owner or operator based on the cover manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. (3) Opening of a safety device, as defined in § 63.1041 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect the fixed roof and any closure devices in accordance with the requirements specified in § 63.1047(a) of this subpart. § 63.1043 Standards—Separator floating roof. (a) This section applies to owners and operators subject to this subpart and controlling air emissions from an oil-water separator or organic-water separator using a floating roof. (b) The separator shall be equipped with a floating roof designed to meet the following specifications: (1) The floating roof shall be designed to float on the liquid surface during normal operations. (2) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the separator and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal. (i) The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in § 63.1041 of this subpart. The total area of the gaps between the separator wall and the primary seal shall not exceed 67 square centimeters (cm 2 (ii) The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the separator. The total area of the gaps between the separator wall and the secondary seal shall not exceed 6.7 square centimeters (cm 2 (3) Except as provided for in paragraph (b)(4) of this section, each opening in the floating roof shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. (4) The floating roof may be equipped with one or more emergency roof drains for removal of stormwater. Each emergency roof drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal. (c) Whenever a regulated-material is in the separator, the floating roof shall float on the liquid (i.e., off the roof supports) and each closure device shall be secured in the closed position except as follows: (1) Opening of closure devices is allowed at the following times: (i) To provide access to the separator for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the separator, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position. (ii) To remove accumulated sludge or other residues from the bottom of separator. (2) Opening of a safety device, as defined in § 63.1041 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect the floating roof in accordance with the procedures specified in § 63.1047(b) of this subpart. § 63.1044 Standards—Separator vented to control device. (a) This section applies to owners and operators controlling air emissions from an oil-water or organic-water separator using a fixed roof and venting the vapor headspace underneath the fixed roof through a closed-vent system to a control device. (b) The separator shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements: (1) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the separator. (2) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions, as determined using the procedure specified in § 63.1046(a) of this subpart. (3) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the regulated-material to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability; the effects of any contact with the liquid or its vapors managed in the separator; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the separator on which the fixed roof is installed. (4) The closed-vent system and control device shall be designed and operated in accordance with the requirements of § 63.693 in 40 CFR part 63, subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. (c) Whenever a regulated-material is in the separator, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows: (1) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times: (i) To provide access to the separator for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the separator, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the owner or operator shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the separator. (ii) To remove accumulated sludge or other residues from the bottom of separator. (2) Opening of a safety device, as defined in § 63.1041 of this subpart, is allowed at any time conditions require it to do so to avoid an unsafe condition. (d) The owner or operator shall inspect and monitor the air emission control equipment in accordance with the procedures specified in § 63.1047(c) of this subpart. § 63.1045 Standards—Pressurized separator. (a) This section applies to owners and operators controlling air emissions from an oil-water or organic-water separator that is pressurized and is operated as a closed-system. (b) The pressurized separator must meet the following requirements. (1) The separator must be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the separator during operation of the separator at its design capacity. (2) All separator openings must be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in § 63.1046(a) of this subpart. (3) Whenever a regulated-material is in the separator, the separator must be operated as a closed system that does not vent to the atmosphere except under either of the following conditions as specified in paragraph (b)(3)(i) or (b)(3)(ii) of this section. (i) At those times when opening of a safety device, as defined in § 63.1041 of this subpart, is required to avoid an unsafe condition. (ii) At those times when purging of inerts from the separator is required, and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the applicable requirements of § 63.693. [64 FR 38991, July 20, 1999, as amended at 66 FR 1268, Jan. 8, 2001] § 63.1046 Test methods and procedures. (a) Procedure for determining no detectable organic emissions for the purpose of complying with this subpart. (1) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure-relief valve. (2) The test shall be performed when the unit contains a material having a total organic concentration representative of the range of concentrations for the materials expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position. (3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the material placed in the unit, not for each individual organic constituent. (4) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (5) Calibration gases shall be as follows: (i) Zero air (less than 10 ppmv hydrocarbon in air); and (ii) A mixture of methane or n-hexane in air at a concentration of approximately, but less than 10,000 ppmv. (6) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (7) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere. (8) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (a)(8)(i) or (a)(8)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (a)(6) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (a)(9) of this section. (9) A potential leak interface is determined to operate with no detectable emissions using the applicable criteria specified in paragraphs (a)(9)(i) and (a)(9)(ii) of this section. (i) For a potential leak interface other than a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 500 ppmv. (ii) For a seal around a shaft that passes through a cover opening, the potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (a)(8) is less than 10,000 ppmv. (b) Procedure for performing floating roof seal gap measurements for the purpose of complying with this subpart. (1) The owner or operator shall determine the total surface area of gaps in the primary seal and in the secondary seal individually. (2) The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports. (3) Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where 0.32-centimeter (cm) ( 1/8 (4) For a seal gap measured under paragraph (b)(2) of this section, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the separator wall to the seal and multiplying each such width by its respective circumferential distance. (5) The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal perimeter of the separator basin. These total gap areas for the primary seal and secondary seal then are compared to the respective standards for the seal type as specified in § 63.1043(b)(2) of this subpart. [61 FR 34195, July 1, 1996, as amended at 64 FR 38991, July 20, 1999] § 63.1047 Inspection and monitoring requirements. (a) Owners and operators that use a separator equipped with a fixed roof in accordance with the provisions of § 63.1042 of this subpart shall meet the following requirements: (1) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions to the atmosphere. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the separator wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (2) The owner or operator must perform an initial inspection following installation of the fixed roof. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (e) of this section. (3) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d) of this section. (4) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.1048(a)(2) of this subpart. (b) Owners and operators that use a separator equipped with a floating roof in accordance with the provisions of § 63.1043 of this subpart shall meet the following requirements: (1) The owner or operator shall measure the floating roof seal gaps using the procedure specified in § 63.1046(b) of this subpart in accordance with the following requirements: (i) The owner or operator shall perform measurements of gaps between the separator wall and the primary seal within 60 days after initial operation of the separator following installation of the floating roof and, thereafter, at least once every 5 years. (ii) The owner or operator shall perform measurements of gaps between the separator wall and the secondary seal within 60 days after initial operation of the separator following installation of the floating roof and, thereafter, at least once every year. (iii) If a separator ceases to hold regulated-material for a period of 1 year or more, subsequent introduction of regulated-material into the separator shall be considered an initial operation for the purpose of complying with paragraphs (b)(1)(i) and (b)(1)(ii) of this section. (iv) In the event that the seal gap measurements do not conform to the specifications in § 63.1043(b)(2) of this subpart, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d) of this section. (v) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.1048 (a)(2) and (b) of this subpart. (2) The owner or operator shall visually inspect the floating roof in accordance with the following requirements: (i) The floating roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions to the atmosphere. Defects include, but are not limited to: holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the separator; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (ii) The owner or operator shall perform the inspections following installation of the floating roof and, thereafter, at least once every year. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d) of this section. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.1048(a)(2) of this subpart. (c) Owners and operators that use a separator equipped with a fixed roof and vented through a closed-vent system to a control device in accordance with the provisions of § 63.1044 of this subpart shall inspect the air emission control equipment as follows: (1) The owner or operator shall visually inspect the fixed roof in accordance with the following requirements: (i) The fixed roof and its closure devices shall be visually inspected by the owner or operator to check for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the separator wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (ii) The owner or operator must perform an initial inspection following installation of the fixed roof. Thereafter, the owner or operator must perform the inspections at least once every calendar year except as provided for in paragraph (e) of this section. (iii) In the event that a defect is detected, the owner or operator shall repair the defect in accordance with the requirements of paragraph (d) of this section. (iv) The owner or operator shall maintain a record of the inspection in accordance with the requirements specified in § 63.1048(a)(2) of this subpart. (2) The owner or operator shall inspect and monitor the closed-vent system and the control device in accordance with the requirements specified in § 63.693 in 40 CFR 63 subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. (d) The owner or operator shall repair all detected defects as follows: (1) The owner or operator shall make first efforts at repair of the defect no later than 5 calendar days after detection and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in paragraph (d)(2) of this section. (2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator determines that repair of the defect requires emptying or temporary removal from service of the separator and no alternative treatment capacity is available at the facility site to accept the regulated-material normally treated in the separator. In this case, the owner or operator shall repair the defect at the next time the process or unit that is generating the regulated-material managed in the separator stops operation. Repair of the defect shall be completed before the process or unit resumes operation. (3) The owner or operator shall maintain a record of the defect repair in accordance with the requirements specified in § 63.1048(a)(3) of this subpart. (e) Alternative inspection interval. (1) The owner or operator must prepare and maintain at the plant site written documentation identifying the specific fixed roof designated as “unsafe to inspect.” The documentation must include for each fixed roof designated as such a written explanation of the reasons why the fixed roof is unsafe to inspect using the applicable procedures under this section. (2) The owner or operator must develop and implement a written plan and schedule to inspect and monitor the fixed roof using the applicable procedures specified in this section during times when a worker can safely access the fixed roof. The required inspections and monitoring must be performed as frequently as practicable but do not need to be performed more frequently than the periodic schedule that would be otherwise applicable to the fixed roof under the provisions of this section. A copy of the written plan and schedule must be maintained at the plant site. [61 FR 34195, July 1, 1996, as amended at 64 FR 38992, July 20, 1999] § 63.1048 Recordkeeping requirements. (a) Each owner or operator shall prepare and maintain the following records: (1) Documentation describing the design of each floating roof and fixed roof installed on a separator, as applicable to the separator. When a floating roof is used, the documentation shall include the dimensions of the separator bay or section in which the floating roof is installed. (2) A record for each inspection required by § 63.1047 of this subpart that includes the following information: a separator identification number (or other unique identification description as selected by the owner or operator) and the date of inspection. (3) The owner or operator shall record for each defect detected during inspections required by § 63.1047 of this subpart the following information: the location of the defect, a description of the defect, the date of detection, and corrective action taken to repair the defect. In the event that repair of the defect is delayed in accordance with the provisions of § 63.1047(d)(2) of this section, the owner or operator shall also record the reason for the delay and the date that completion of repair of the defect is expected. (b) Owners and operators that use a separator equipped with a floating roof in accordance with the provisions of § 63.1043 of this subpart shall prepare and maintain records for each inspection required by § 63.1047(b)(1) describing the results of the seal gap measurements. The records shall include the date of the measurements performed, the raw data obtained for the measurements, and the calculations of the total gap surface area. In the event that the seal gap measurements do not conform to the specifications in § 63.1043(b)(2) of this subpart, the records shall include a description of the repairs that were made, the date the repairs were made, and the date the separator was emptied, if necessary. (c) Owners and operators that use a separator equipped with a fixed-roof and vented through a closed-vent system to a control device in accordance with the provisions of § 63.1044 of this subpart shall prepare and maintain the records required for the closed-vent system and control device in accordance with the requirements of § 63.693 in 40 CFR 63 subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. § 63.1049 Reporting requirements. (a) Owners and operators that use a separator equipped with a floating roof in accordance with the provisions of § 63.1043 of this subpart shall notify the Administrator at least 30 calendar days prior to each seal gap measurement inspection performed to comply with the requirements in § 63.1047(b)(1) of this subpart. (b) Owners and operators that use a separator equipped with a fixed-roof and vented through a closed-vent system to a control device in accordance with the provisions of § 63.1044 of this subpart shall prepare and submit to the Administrator the reports required for closed-vent systems and control devices in accordance with the requirements of § 63.693 in 40 CFR 63 subpart DD—National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations. § 63.1050 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1040 and 63.1042 through 63.1045. Where these standards reference subpart DD, the cited provisions will be delegated according to the delegation provisions of subpart DD of this part. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37355, June 23, 2003] Subpart WW—National Emission Standards for Storage Vessels (Tanks)—Control Level 2 Source: 64 FR 34918, June 29, 1999, unless otherwise noted. § 63.1060 Applicability. The provisions of this subpart apply to the control of air emissions from storage vessels for which another subpart references the use of this subpart for such air emission control. These air emission standards for storage vessels are placed here for administrative convenience and only apply to those owners and operators of facilities subject to a referencing subpart. The provisions of subpart A (General Provisions) of this part do not apply to this subpart except as noted in the referencing subpart. § 63.1061 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in this section. Capacity Deck cover Empty emptying External floating roof EFR Fill filling Fixed roof Flexible fabric sleeve seal Floating roof Initial fill initial filling means Internal floating roof IFR Liquid-mounted seal Mechanical shoe seal metallic shoe seal Pole float Pole sleeve Pole wiper Referencing subpart Rim seal Slotted guidepole Storage vessel Tank Vapor-mounted seal § 63.1062 Storage vessel control requirements. (a) For each storage vessel to which this subpart applies, the owner or operator shall comply with one of the requirements listed in paragraphs (a)(1) through (a)(3) of this section. (1) Operate and maintain an IFR. (2) Operate and maintain an EFR. (3) Equivalent requirements. (b) [Reserved] § 63.1063 Floating roof requirements. The owner or operator who elects to use a floating roof to comply with the requirements of § 63.1062 shall comply with the requirements in paragraphs (a) through (e) of this section. (a) Design requirements Rim seals. Internal floating roof. (A) A liquid-mounted seal. (B) A mechanical shoe seal. (C) Two seals mounted one above the other. The lower seal may be vapor-mounted. (D) If the IFR is equipped with a vapor-mounted seal as of the proposal date for a referencing subpart, paragraphs (a)(1)(i)(A) through (a)(1)(i)(C) of this section do not apply until the next time the storage vessel is completely emptied and degassed, or 10 years after promulgation of the referencing subpart, whichever occurs first. (ii) External floating roof. (A) A liquid-mounted seal and a secondary seal. (B) A mechanical shoe seal and a secondary seal. The upper end of the shoe(s) shall extend a minimum of 61 centimeters (24 inches) above the stored liquid surface. (C) If the EFR is equipped with a liquid-mounted seal or mechanical shoe seal, or a vapor-mounted seal and secondary seal, as of the proposal date for a referencing subpart, the seal options specified in paragraphs (a)(1)(ii)(A) and (a)(1)(ii)(B) of this section do not apply until the next time the storage vessel is completely emptied and degassed, or 10 years after the promulgation date of the referencing subpart, whichever occurs first. (2) Deck fittings. (i) Each opening except those for automatic bleeder vents (vacuum breaker vents) and rim space vents shall have its lower edge below the surface of the stored liquid. (ii) Each opening except those for automatic bleeder vents (vacuum breaker vents), rim space vents, leg sleeves, and deck drains shall be equipped with a deck cover. The deck cover shall be equipped with a gasket between the cover and the deck. (iii) Each automatic bleeder vent (vacuum breaker vent) and rim space vent shall be equipped with a gasketed lid, pallet, flapper, or other closure device. (iv) Each opening for a fixed roof support column may be equipped with a flexible fabric sleeve seal instead of a deck cover. (v) Each opening for a sample well or deck drain (that empties into the stored liquid) may be equipped with a slit fabric seal or similar device that covers at least 90 percent of the opening, instead of a deck cover. (vi) Each cover on access hatches and gauge float wells shall be designed to be bolted or fastened when closed. (vii) Each opening for an unslotted guidepole shall be equipped with a pole wiper, and each unslotted guidepole shall be equipped with a gasketed cap on the top of the guidepole. (viii) Each opening for a slotted guidepole shall be equipped with one of the control device configurations specified in paragraphs (a)(2)(viii)(A) and (a)(2)(viii)(B) of this section. (A) A pole wiper and a pole float. The wiper or seal of the pole float shall be at or above the height of the pole wiper. (B) A pole wiper and a pole sleeve. (ix) If the floating roof does not meet the requirements listed in paragraphs (a)(2)(i) through (a)(2)(viii) of this section as of the proposal date of the referencing subpart, these requirements do not apply until the next time the vessel is completely emptied and degassed, or 10 years after the promulgation date of the referencing subpart, whichever occurs first. (b) Operational requirements. (2) When the storage vessel is storing liquid, but the liquid depth is insufficient to float the floating roof, the process of filling to the point of refloating the floating roof shall be continuous and shall be performed as soon as practical. (3) Each cover over an opening in the floating roof, except for automatic bleeder vents (vacuum breaker vents) and rim space vents, shall be closed at all times, except when the cover must be open for access. (4) Each automatic bleeder vent (vacuum breaker vent) and rim space vent shall be closed at all times, except when required to be open to relieve excess pressure or vacuum, in accordance with the manufacturer's design. (5) Each unslotted guidepole cap shall be closed at all times except when gauging the liquid level or taking liquid samples. (c) Inspection frequency requirements Internal floating roofs. (i) Internal floating roofs shall be inspected as specified in paragraphs (c)(1)(i)(A) and (c)(1)(i)(B) of this section. (A) At least once per year the IFR shall be inspected as specified in paragraph (d)(2) of this section. (B) Each time the storage vessel is completely emptied and degassed, or every 10 years, whichever occurs first, the IFR shall be inspected as specified in paragraph (d)(1) of this section. (ii) Instead of the inspection frequency specified in paragraph (c)(1)(i) of this section, internal floating roofs with two rim seals may be inspected as specified in paragraph (d)(1) of this section each time the storage vessel is completely emptied and degassed, or every 5 years, whichever occurs first. (2) External floating roofs. (i) Within 90 days after the initial filling of the storage vessel, the primary and secondary rim seals shall be inspected as specified in paragraph (d)(3) of this section. (ii) The secondary seal shall be inspected at least once every year, and the primary seal shall be inspected at least every 5 years, as specified in paragraph (d)(3) of this section. (iii) Each time the storage vessel is completely emptied and degassed, or every 10 years, whichever occurs first, the EFR shall be inspected as specified in paragraph (d)(1) of this section. (iv) If the owner or operator determines that it is unsafe to perform the floating roof inspections specified in paragraphs (c)(2)(i) and (c)(2)(ii) of this section, the owner or operator shall comply with the requirements of paragraph (c)(2)(iv)(A) or (c)(2)(iv)(B) of this section. (A) The inspections shall be performed no later than 30 days after the determination that the floating roof is unsafe. (B) The storage vessel shall be removed from liquid service no later than 45 days after determining the floating roof is unsafe. If the vessel cannot be emptied within 45 days, the owner or operator may utilize up to two extensions of up to 30 additional days each. If the vessel cannot be emptied within 45 days, the owner or operator may utilize up to two extensions of up to 30 additional days each. Documentation of a decision to use an extension shall include an explanation of why it was unsafe to perform the inspection, documentation that alternative storage capacity is unavailable, and a schedule of actions that will ensure that the vessel will be emptied as soon as practical. (d) Inspection procedure requirements. (1) Floating roof (IFR and EFR) inspections shall be conducted by visually inspecting the floating roof deck, deck fittings, and rim seals from within the storage vessel. The inspection may be performed entirely from the top side of the floating roof, as long as there is visual access to all deck components specified in paragraph (a) of this section. Any of the conditions described in paragraphs (d)(1)(i) through (d)(1)(v) of this section constitutes inspection failure. (i) Stored liquid on the floating roof. (ii) Holes or tears in the primary or secondary seal (if one is present). (iii) Floating roof deck, deck fittings, or rim seals that are not functioning as designed (as specified in paragraph (a) of this section). (iv) Failure to comply with the operational requirements of paragraph (b) of this section. (v) Gaps of more than 0.32 centimeters ( 1/8 (2) Tank-top inspections of IFR's shall be conducted by visually inspecting the floating roof deck, deck fittings, and rim seal through openings in the fixed roof. Any of the conditions described in paragraphs (d)(1)(i) through (d)(1)(iv) of this section constitutes inspection failure. Identification of holes or tears in the rim seal is required only for the seal that is visible from the top of the storage vessel. (3) Seal gap inspections for EFR's shall determine the presence and size of gaps between the rim seals and the wall of the storage vessel by the procedures specified in paragraph (d)(3)(i) of this section. Any exceedance of the gap requirements specified in paragraphs (d)(3)(ii) and (d)(3)(iii) of this section constitutes inspection failure. (i) Rim seals shall be measured for gaps at one or more levels while the EFR is floating, as specified in paragraphs (d)(3)(i)(A) through (d)(3)(i)(F) of this section. (A) The inspector shall hold a 0.32 centimeter ( 1/8 (B) The length of each gap shall be determined by inserting the probe into the gap (vertically) and sliding the probe along the vessel wall in each direction as far as it will travel freely without binding between the seal and the vessel wall. The circumferential length along which the probe can move freely is the gap length. (C) The maximum width of each gap shall be determined by inserting probes of various diameters between the seal and the vessel wall. The smallest probe diameter should be 0.32 centimeter, and larger probes should have diameters in increments of 0.32 centimeter. The diameter of the largest probe that can be inserted freely anywhere along the length of the gap is the maximum gap width. (D) The average width of each gap shall be determined by averaging the minimum gap width (0.32 centimeter) and the maximum gap width. (E) The area of a gap is the product of the gap length and average gap width. (F) The ratio of accumulated area of rim seal gaps to storage vessel diameter shall be determined by adding the area of each gap, and dividing the sum by the nominal diameter of the storage vessel. This ratio shall be determined separately for primary and secondary rim seals. (ii) The ratio of seal gap area to vessel diameter for the primary seal shall not exceed 212 square centimeters per meter of vessel diameter (10 square inches per foot of vessel diameter), and the maximum gap width shall not exceed 3.81 centimeters (1.5 inches). (iii) The ratio of seal gap area to vessel diameter for the secondary seal shall not exceed 21.2 square centimeters per meter (1 square inch per foot), and the maximum gap width shall not exceed 1.27 centimeters (0.5 inches), except when the secondary seal must be pulled back or removed to inspect the primary seal. (e) Repair requirements. (1) If the inspection is performed while the storage vessel is not storing liquid, repairs shall be completed before the refilling of the storage vessel with liquid. (2) If the inspection is performed while the storage vessel is storing liquid, repairs shall be completed or the vessel removed from service within 45 days. If a repair cannot be completed and the vessel cannot be emptied within 45 days, the owner or operator may use up to 2 extensions of up to 30 additional days each. Documentation of a decision to use an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be completely emptied as soon as practical. § 63.1064 Alternative means of emission limitation. (a) An alternate control device may be substituted for a control device specified in § 63.1063 if the alternate device has an emission factor less than or equal to the emission factor for the device specified in § 63.1063. Requests for the use of alternate devices shall be made as specified in § 63.1066(b)(3). Emission factors for the devices specified in § 63.1063 are published in EPA Report No. AP-42, Compilation of Air Pollutant Emission Factors. (b) Tests to determine emission factors for an alternate device shall accurately simulate conditions under which the device will operate, such as wind, temperature, and barometric pressure. Test methods that can be used to perform the testing required in this paragraph include, but are not limited to, the methods listed in paragraphs (b)(1) through (b)(3) of this section. (1) American Petroleum Institute (API) Manual of Petroleum Measurement Standards, Chapter 19, Section 3, Part A, Wind Tunnel Test Method for the Measurement of Deck-Fitting Loss Factors for External Floating-Roof Tanks. (2) API Manual of Petroleum Measurement Standards, Chapter 19, Section 3, Part B, Air Concentration Test Method for the Measurement of Rim Seal Loss Factors for Floating-Roof Tanks. (3) API Manual of Petroleum Measurement Standards, Chapter 19, Section 3, Part E, Weight Loss Test Method for the Measurement of Deck-Fitting Loss Factors for Internal Floating-Roof Tanks. (c) An alternate combination of control devices may be substituted for any combination of rim seal and deck fitting control devices specified in § 63.1063 if the alternate combination emits no more than the combination specified in § 63.1063. The emissions from an alternate combination of control devices shall be determined using AP-42 or as specified in paragraph (b) of this section. The emissions from a combination of control devices specified in § 63.1063 shall be determined using AP-42. Requests for the use of alternate devices shall be made as specified in § 63.1066(b)(3). § 63.1065 Recordkeeping requirements. The owner or operator shall keep the records required in paragraph (a) of this section for as long as liquid is stored. Records required in paragraphs (b), (c) and (d) of this section shall be kept for at least 5 years. Records shall be kept in such a manner that they can be readily accessed within 24 hours. Records may be kept in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (a) Vessel dimensions and capacity. (b) Inspection results. (1) If the floating roof passes inspection, a record shall be kept that includes the information specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. If the floating roof fails inspection, a record shall be kept that includes the information specified in paragraphs (b)(1)(i) through (b)(1)(v) of this section. (i) Identification of the storage vessel that was inspected. (ii) The date of the inspection. (iii) A description of all inspection failures. (iv) A description of all repairs and the dates they were made. (v) The date the storage vessel was removed from service, if applicable. (2) A record shall be kept of EFR seal gap measurements, including the raw data obtained and any calculations performed. (c) Floating roof landings. (d) An owner or operator who elects to use an extension in accordance with § 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B) shall keep the documentation required by those paragraphs. § 63.1066 Reporting requirements. (a) Notification of initial startup. (1) The identification of each storage vessel, its capacity and the liquid stored in the storage vessel. (2) A statement of whether the owner or operator of the source can achieve compliance by the compliance date specified in referencing subpart. (b) Periodic reports. (1) Notification of inspection. (2) Inspection results. (3) Requests for alternate devices. (4) Requests for extensions. An owner or operator who elects to use an extension in accordance with § 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B) shall submit the documentation required by those paragraphs. § 63.1067 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (1) Approval of alternatives to the nonopacity emissions standards in §§ 63.1062 and 63.1063(a) and (b) for alternative means of emission limitation, under § 63.6(g). (2) [Reserved] (3) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. [67 FR 46279, July 12, 2002] Subpart XX—National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations Source: 67 FR 46271, July 12, 2002, unless otherwise noted. Introduction § 63.1080 What is the purpose of this subpart? This subpart establishes requirements for controlling emissions of hazardous air pollutants (HAP) from heat exchange systems and waste streams at new and existing ethylene production units. § 63.1081 When must I comply with the requirements of this subpart? You must comply with the requirements of this subpart according to the schedule specified in § 63.1102(a). Each heat exchange system which is part of an ethylene production affected source also must comply with paragraph (a) of this section. Each waste stream which is part of an ethylene production affected source also must comply with paragraph (b) of this section. (a) Each heat exchange system that is part of an ethylene production affected source that commenced construction or reconstruction on or before October 9, 2019, must be in compliance with the heat exchange system requirements specified in §§ 63.1084(f), 63.1085(e) and (f), 63.1086(e), 63.1087(c) and (d), 63.1088(d), and 63.1089(d) and (e) upon initial startup or July 6, 2023, whichever is later. Each heat exchange system that is part of an ethylene production affected source that commences construction or reconstruction after October 9, 2019, must be in compliance with the heat exchange system requirements specified in §§ 63.1084(f), 63.1085(e) and (f), 63.1086(e), 63.1087(c) and (d), 63.1088(d), and 63.1089(d) and (e) upon initial startup, or July 6, 2020, whichever is later. (b) Each waste stream that is part of an ethylene production affected source that commenced construction or reconstruction on or before October 9, 2019, must be in compliance with the flare requirements specified in § 63.1095(a)(1)(vi) and (b)(3) upon initial startup or July 6, 2023, whichever is later. Each waste stream that is part of an ethylene production affected source that commences construction or reconstruction after October 9, 2019, must be in compliance with the flare requirements specified in § 63.1095(a)(1)(vi) and (b)(3) upon initial startup, or July 6, 2020, whichever is later. [85 FR 40419, July 2, 2020] Definitions § 63.1082 What definitions do I need to know? (a) Unless defined in paragraph (b) of this section, definitions for terms used in this subpart are provided in the Clean Air Act, § 63.1103(e), and 40 CFR 61.341. (b) The following definitions apply to terms used in this subpart: Continuous butadiene waste stream Dilution steam blowdown waste stream Heat exchange system Process wastewater Spent caustic waste stream [67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020] Applicability for Heat Exchange Systems § 63.1083 Does this subpart apply to my heat exchange system? The provisions of this subpart apply to your heat exchange system if you own or operate an ethylene production unit expressly referenced to this subpart XX from subpart YY of this part. The provisions of subpart A (General Provisions) of this part do not apply to this subpart except as specified in subpart YY of this part. § 63.1084 What heat exchange systems are exempt from the requirements of this subpart? Except as specified in paragraph (f) of this section, your heat exchange system is exempt from the requirements in §§ 63.1085 and 63.1086 if it meets any one of the criteria in paragraphs (a) through (e) of this section. (a) Your heat exchange system operates with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side. (b) Your heat exchange system contains an intervening cooling fluid, containing less than 5 percent by weight of total HAP listed in Table 1 to this subpart, between the process and the cooling water. This intervening fluid must serve to isolate the cooling water from the process fluid and must not be sent through a cooling tower or discharged. For purposes of this section, discharge does not include emptying for maintenance purposes. (c) The once-through heat exchange system is subject to a National Pollution Discharge Elimination System (NPDES) permit with an allowable discharge limit of 1 part per million by volume (ppmv) or less above influent concentration, or 10 percent or less above influent concentration, whichever is greater. (d) Your once-through heat exchange system is subject to a NPDES permit that meets all of the conditions in paragraphs (d)(1) through (4) of this section. (1) The permit requires monitoring of a parameter or condition to detect a leak of process fluids to cooling water. (2) The permit specifies the normal range of the parameter or condition. (3) The permit requires monthly or more frequent monitoring for the parameters selected as leak indicators. (4) The permit requires you to report and correct leaks to the cooling water when the parameter or condition exceeds the normal range. (e) Your recirculating or once-through heat exchange system cools process fluids that contain less than 5 percent by weight of total HAP listed in Table 1 to this subpart. (f) Beginning no later than the compliance dates specified in § 63.1081(a), your heat exchange system is no longer exempt from the requirements in §§ 63.1085 and 63.1086 if it meets the criteria in paragraph (c) or (d) of this section; instead, your heat exchange system is exempt from the requirements in §§ 63.1085 and 63.1086 if it meets any one of the criteria in paragraph (a), (b), or (e) of this section. [67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020] Heat Exchange System Requirements § 63.1085 What are the general requirements for heat exchange systems? Unless you meet one of the requirements for exemptions in § 63.1084, you must meet the requirements in paragraphs (a) through (f) of this section. (a) Except as specified in paragraph (e) of this section, you must monitor the cooling water for the presence of substances that indicate a leak according to § 63.1086(a) through (d). (b) Except as specified in paragraph (f) of this section, if you detect a leak, then you must repair it according to § 63.1087(a) and (b) unless repair is delayed according to § 63.1088(a) through (c). (c) Keep the records specified in § 63.1089. (d) Submit the reports specified in § 63.1090. (e) Beginning no later than the compliance dates specified in § 63.1081(a), the requirements specified in § 63.1086(a) through (d) no longer apply; instead, you must monitor the cooling water for the presence of total strippable hydrocarbons that indicate a leak according to § 63.1086(e). At any time before the compliance dates specified in § 63.1081(a), you may choose to comply with the requirements in this paragraph in lieu of the requirements in paragraph (a) of this section. (f) Beginning no later than the compliance dates specified in § 63.1081(a), the requirements specified in §§ 63.1087(a) and (b) and 63.1088(a) through (c), no longer apply; instead, if you detect a leak, then you must repair it according to § 63.1087(c) and (d), unless repair is delayed according to § 63.1088(d). At any time before the compliance dates specified in § 63.1081(a), you may choose to comply with the requirements in this paragraph in lieu of the requirements in paragraph (b) of this section. [67 FR 46271, July 12, 2002, as amended at 85 FR 40419, July 6, 2020] Monitoring Requirements for Heat Exchange Systems § 63.1086 How must I monitor for leaks to cooling water? Except as specified in § 63.1085(e) and paragraph (e) of this section, you must monitor for leaks to cooling water by monitoring each heat exchange system according to the requirements of paragraph (a) of this section, monitoring each heat exchanger according to the requirements of paragraph (b) of this section, or monitoring a surrogate parameter according to the requirements of paragraph (c) of this section. Except as specified in § 63.1085(e) and paragraph (e) of this section, if you elect to comply with the requirements of paragraph (a) or (b) of this section, you may use alternatives in paragraph (d)(1) or (2) of this section for determining the mean entrance concentration. (a) Heat exchange system. (1) You define the equipment that comprises each heat exchange system. For the purposes of implementing paragraph (a) of this section, a heat exchange system may consist of an entire heat exchange system or any combinations of heat exchangers such that, based on the rate of cooling water at the entrance and exit to each heat exchange system and the sensitivity of the test method being used, a leak of 3.06 kg/hr or greater of the HAP in Table 1 to this subpart would be detected. For example, if the test you decide to use has a sensitivity of 1 ppmv for total HAP, you must define the heat exchange system so that the cooling water flow rate is 51,031 liters per minute or less so that a leak of 3.06 kg/hr can be detected. (2) Monitoring periods. For existing sources, monitor cooling water as specified in paragraph (a)(2)(i) of this section. Monitor heat exchange systems at new sources according to the specifications in paragraph (a)(2)(ii) of this section. (i) Monitor monthly for 6 months, both initially and following completion of a leak repair. Then monitor as provided in either paragraph (a)(2)(i)(A) or (a)(2)(i)(B) of this section, as appropriate. (A) If no leaks are detected by monitoring monthly for a 6-month period, monitor quarterly thereafter until a leak is detected. (B) If a leak is detected, monitor monthly until the leak has been repaired. Upon completion of repair, monitor according to the specifications in paragraph (a)(2)(i) of this section. (ii) Monitor weekly for 6 months, both initially and following completion of a leak repair. Then monitor as provided in paragraph (a)(2)(ii)(A) or (B) of this section, as appropriate. (A) If no leaks are detected by monitoring weekly for a 6-month period, monitor monthly thereafter until a leak is detected. (B) If a leak is detected, monitor weekly until the leak has been repaired. Upon completion of the repair, monitor according to the specifications in paragraph (a)(2)(ii) of this section. (3) Determine the concentration of the monitored substance in the heat exchange system cooling water using any method listed in 40 CFR part 136. Use the same method for both entrance and exit samples. You may validate 40 CFR part 136 methods for the HAP listed in Table 1 to this subpart according to the procedures in appendix D to this part. Alternative methods may be used upon approval by the Administrator. (4) Take a minimum of three sets of samples at each entrance and exit. (5) Calculate the average entrance and exit concentrations, correcting for the addition of make-up water and evaporative losses, if applicable. Using a one-sided statistical procedure at the 0.05 level of significance, if the exit mean concentration is at least 10 percent greater than the entrance mean of the HAP (total or speciated) in Table 1 to this subpart or other representative substance, and the leak is at least 3.06 kg/hr, you have detected a leak. (b) Individual heat exchangers. (1) Monitoring periods. For existing sources, monitor cooling water as specified in paragraph (b)(1)(i) of this section. Monitor each heat exchanger at new sources according to the specifications in paragraph (b)(1)(ii) of this section. (i) Monitor monthly for 6 months, both initially and following completion of a leak repair. Then monitor as provided in paragraph (b)(1)(i)(A) or (b)(1)(i)(B) of this section, as appropriate. (A) If no leaks are detected by monitoring monthly for a 6-month period, monitor quarterly thereafter until a leak is detected. (B) If a leak is detected, monitor monthly until the leak has been repaired. Upon completion of repair, monitor according to the specifications in paragraph (b)(1)(i) of this section. (ii) Monitor weekly for 6 months, both initially and following completion of a leak repair. Then monitor as provided in paragraph (b)(1)(ii)(A) or (B) of this section, as appropriate. (A) If no leaks are detected by monitoring weekly for a 6-month period, monitor monthly thereafter until a leak is detected. (B) If a leak is detected, monitor weekly until the leak has been repaired. Upon completion of the repair, monitor according to the specifications in paragraph (b)(1)(ii) of this section. (2) Determine the concentration of the monitored substance in the cooling water using any method listed in 40 CFR part 136, as long as the method is sensitive to concentrations as low as 10 ppmv. Use the same method for both entrance and exit samples. Validation of 40 CFR part 136 methods for the HAP listed in Table 1 to this subpart may be determined according to the provisions of appendix D to this part. Alternative methods may be used upon approval by the Administrator. (3) Take a minimum of three sets of samples at each heat exchanger entrance and exit. (4) Calculate the average entrance and exit concentrations, correcting for the addition of make-up water and evaporative losses, if applicable. Using a one-sided statistical procedure at the 0.05 level of significance, if the exit mean concentration is at least 1 ppmw or 10 percent greater than the entrance mean, whichever is greater, you have detected a leak. (c) Surrogate parameters. (1) You shall prepare and implement a monitoring plan that documents the procedures that will be used to detect leaks of process fluids into cooling waters. The plan shall require monitoring of one or more process parameters or other conditions that indicate a leak. Monitoring that is already being conducted for other purposes may be used to satisfy the requirements of this section. The plan shall include the information specified in paragraphs (c)(1)(i) through (iv) of this section. (i) A description of the parameter or condition to be monitored and an explanation of how the selected parameter or condition will reliably indicate the presence of a leak. (ii) The parameter level(s) or condition(s) that shall constitute a leak. This shall be documented by data or calculations showing that the selected levels or conditions will reliably identify leaks. The monitoring must be sufficiently sensitive to determine the range of parameter levels or conditions when the system is not leaking. When the selected parameter level or condition is outside that range, you have detected a leak. (iii) Monitoring periods. For existing sources, monitor cooling water as specified in paragraph (c)(1)(iii)(A) of this section. Monitor heat exchange systems at new sources according to the specifications in paragraph (c)(1)(iii)(B) of this section. (A) Monitor monthly for 6 months, both initially and following completion of a leak repair. Then monitor as provided in paragraph (c)(1)(iii)(A)( 1 2 (1) If no leaks are detected, monitor quarterly thereafter until a leak is detected. (2) If a leak is detected, monitor monthly until the leak has been repaired. Upon completion of repair, monitor according to the specifications in paragraph (c)(1)(iii)(A) of this section. (B) Monitor the cooling water weekly for heat exchange systems at new sources. (iv) The records that will be maintained to document compliance with the requirements of this section. (2) If a leak is identified by audio, visual, or olfactory inspection, a method listed in 40 CFR part 136, or any other means other than those described in the monitoring plan, and the method(s) specified in the plan could not detect the leak, you shall revise the plan and document the basis for the changes. You shall complete the revisions to the plan no later than 180 days after discovery of the leak. (3) You shall maintain, at all times, the monitoring plan that is currently in use. The current plan shall be maintained on-site, or shall be accessible from a central location by computer or other means that provide access within 2 hours after a request. If the monitoring plan is changed, you must retain the most recent superseded plan for at least 5 years from the date of its creation. The superseded plan shall be retained on-site or accessible from a central location by computer or other means that provide access within 2 hours after a request. (d) Simplifying assumptions for entrance mean concentration. (1) Assume that the entrance mean concentration of the monitored substance is zero; or, (2) Determine the entrance mean concentration of a monitored substance at a sampling location anywhere upstream of the heat exchanger or heat exchange system, provided that there is not a reasonable opportunity for the concentration to change at the entrance to each heat exchanger or heat exchange system. (e) Beginning no later than the compliance dates specified in § 63.1081(a), you must perform monitoring to identify leaks of total strippable hydrocarbons from each heat exchange system subject to the requirements of this subpart according to the procedures in paragraphs (e)(1) through (5) of this section. (1) Monitoring locations for closed-loop recirculation heat exchange systems. (i) Each cooling tower return line or any representative riser within the cooling tower prior to exposure to air for each heat exchange system. (ii) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). (2) Monitoring locations for once-through heat exchange systems. (i) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). The selected monitoring location may be at a point where discharges from multiple heat exchange systems are combined provided that the combined cooling water flow rate at the monitoring location does not exceed 165,000 gallons per minute. (ii) The inlet water feed line for a once-through heat exchange system prior to any heat exchanger. If multiple heat exchange systems use the same water feed ( i.e., (3) Monitoring method. (i) You must determine the total strippable hydrocarbon concentration (in parts per million by volume (ppmv) as methane) at each monitoring location using the “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference, see § 63.14) using a flame ionization detector analyzer for on-site determination as described in Section 6.1 of the Modified El Paso Method. (ii) You must convert the total strippable hydrocarbon concentration (in ppmv as methane) to a total hydrocarbon mass emissions rate (as methane) using the calculations in Section 7.0 of “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14). (4) Monitoring frequency and leak action level. (i) For each heat exchange system that is part of an ethylene production affected source that commenced construction or reconstruction on or before December 6, 2000, you must monitor quarterly using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, you may monitor quarterly using a leak action level defined as a total hydrocarbon mass emissions rate from the heat exchange system (as methane) of 0.18 kg/hr. If a leak is detected as specified in paragraph (e)(5) of this section, then you must monitor monthly until the leak has been repaired according to the requirements in § 63.1087(c) or (d). Once the leak has been repaired according to the requirements in § 63.1087(c) or (d), quarterly monitoring for the heat exchange system may resume. (ii) For each heat exchange system that is part of an ethylene production affected source that commences construction or reconstruction after December 6, 2000 and on or before October 9, 2019, you must monitor at the applicable frequency specified in paragraph (e)(4)(ii)(A) or (B) of this section using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, you may monitor at the applicable frequency specified in paragraph (e)(4)(ii)(A) or (B) of this section using a leak action level defined as a total hydrocarbon mass emissions rate from the heat exchange system (as methane) of 0.18 kg/hr. (A) If you have completed the initial weekly monitoring for 6-months of the heat exchange system as specified in § 63.1086(a)(2)(ii) or (b)(1)(ii) then you must monitor monthly. If a leak is detected as specified in paragraph (e)(5) of this section, then you must monitor weekly until the leak has been repaired according to the requirements in § 63.1087(c) or (d). Once the leak has been repaired according to the requirements in § 63.1087(c) or (d), monthly monitoring for the heat exchange system may resume. (B) If you have not completed the initial weekly monitoring for 6-months of the heat exchange system as specified in § 63.1086(a)(2)(ii) or (b)(1)(ii), or if you elect to comply with paragraph (e) of this section rather than paragraphs (a) through (d) of this section upon startup, then you must initially monitor weekly for 6-months beginning upon startup and monitor monthly thereafter. If a leak is detected as specified in paragraph (e)(5) of this section, then you must monitor weekly until the leak has been repaired according to the requirements in § 63.1087(c) or (d). Once the leak has been repaired according to the requirements in § 63.1087(c) or (d), monthly monitoring for the heat exchange system may resume. (iii) For each heat exchange system that is part of an ethylene production affected source that commences construction or reconstruction after October 9, 2019, you must initially monitor weekly for 6-months beginning upon startup and monitor monthly thereafter using a leak action level defined as a total strippable hydrocarbon concentration (as methane) in the stripping gas of 6.2 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, you may use a leak action level defined as a total hydrocarbon mass emissions rate from the heat exchange system (as methane) of 0.18 kg/hr if the heat exchange system has a recirculation rate of 10,000 gallons per minute or less. If a leak is detected as specified in paragraph (e)(5) of this section, then you must monitor weekly until the leak has been repaired according to the requirements in § 63.1087(c) or (d). Once the leak has been repaired according to the requirements in § 63.1087(c) or (d), monthly monitoring for the heat exchange system may resume. (5) Leak definition. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (e)(2)(ii) of this section, a leak is detected if the difference in the measurement value of the sample taken from a location specified in paragraph (e)(2)(i) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (e)(2)(ii) of this section equals or exceeds the leak action level. (ii) For all other heat exchange systems, a leak is detected if a measurement value of the sample taken from a location specified in paragraph (e)(1)(i), (ii), or (e)(2)(i) of this section equals or exceeds the leak action level. [67 FR 46271, July 12, 2002, as amended at 70 FR 19271, Apr. 13, 2005; 85 FR 40420, July 6, 2020] Repair Requirements for Heat Exchange Systems § 63.1087 What actions must I take if a leak is detected? Except as specified in § 63.1085(f) and paragraphs (c) and (d) of this section, if a leak is detected, you must comply with the requirements in paragraphs (a) and (b) of this section unless repair is delayed according to § 63.1088. (a) Repair the leak as soon as practical but not later than 45 calendar days after you received the results of monitoring tests that indicated a leak. You must repair the leak unless you demonstrate that the results are due to a condition other than a leak. (b) Once the leak has been repaired, use the monitoring requirements in § 63.1086 within 7 calendar days of the repair or startup, whichever is later, to confirm that the heat exchange system has been repaired. (c) Beginning no later than the compliance dates specified in § 63.1081(a), if a leak is detected using the methods described in § 63.1086(e), you must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in § 63.1088(d). Repair must include re-monitoring at the monitoring location where the leak was identified according to the method specified in § 63.1086(e)(3) to verify that the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is below the applicable leak action level. Repair may also include performing the additional monitoring in paragraph (d) of this section to verify that the total strippable hydrocarbon concentration is below the applicable leak action level. Actions that can be taken to achieve repair include but are not limited to: (1) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (2) Blocking the leaking tube within the heat exchanger; (3) Changing the pressure so that water flows into the process fluid; (4) Replacing the heat exchanger or heat exchanger bundle; or (5) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (d) Beginning no later than the compliance dates specified in § 63.1081(a), if you detect a leak when monitoring a cooling tower return line according to § 63.1086(e)(1)(i), you may conduct additional monitoring of each heat exchanger or group of heat exchangers associated with the heat exchange system for which the leak was detected, as provided in § 63.1086(e)(1)(ii). If no leaks are detected when monitoring according to the requirements of § 63.1086(e)(1)(ii), the heat exchange system is considered to have met the repair requirements through re-monitoring of the heat exchange system, as provided in paragraph (c) of this section. [67 FR 46271, July 12, 2002, as amended at 85 FR 40421, July 6, 2020] § 63.1088 In what situations may I delay leak repair, and what actions must I take for delay of repair? You may delay the repair of heat exchange systems if the leaking equipment is isolated from the process. At any time before the compliance dates specified in § 63.1081(a), you may also delay repair if repair is technically infeasible without a shutdown, and you meet one of the conditions in paragraphs (a) through (c) of this section. Beginning no later than the compliance dates specified in § 63.1081(a), paragraphs (a) through (c) of this section no longer apply; instead, you may delay repair if the conditions in paragraph (d) of this section are met. (a) If a shutdown is expected within the next 2 months of determining delay of repair is necessary, you are not required to have a special shutdown before that planned shutdown. (b) If a shutdown is not expected within the next 2 months of determining delay of repair is necessary, you may delay repair if a shutdown for repair would cause greater emissions than the potential emissions from delaying repair until the next shutdown of the process equipment associated with the leaking heat exchanger. You must document the basis for the determination that a shutdown for repair would cause greater emissions than the emissions likely to result from delay of repair. The documentation process must include the activities in paragraphs (b)(1) through (4) of this section. (1) State the reason(s) for delaying repair. (2) Specify a schedule for completing the repair as soon as practical. (3) Calculate the potential emissions from the leaking heat exchanger by multiplying the concentration of HAP listed in Table 1 to this subpart (or other monitored substances) in the cooling water from the leaking heat exchanger by the flow rate of the cooling water from the leaking heat exchanger and by the expected duration of the delay. (4) Determine emissions of HAP listed in Table 1 to this subpart (or other monitored substances) from purging and depressurizing the equipment that will result from the unscheduled shutdown for the repair. (c) If repair is delayed because the necessary equipment, parts or personnel are not available, you may delay repair a maximum of 120 calendar days. You must demonstrate that the necessary equipment, parts or personnel were not available. (d) Beginning no later than the compliance dates specified in § 63.1081(a), you may delay repair when one of the conditions in paragraph (d)(1) or (2) of this section is met and the leak is less than the delay of repair action level specified in paragraph (d)(3) of this section. You must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak. (1) If the repair is technically infeasible without a shutdown and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then you may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monitoring, the delay of repair action level is exceeded, then you must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (2) If the necessary equipment, parts, or personnel are not available and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then you may delay the repair for a maximum of 120 calendar days. You must demonstrate that the necessary equipment, parts, or personnel were not available. If, during subsequent monitoring, the delay of repair action level is exceeded, then you must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (3) The delay of repair action level is a total strippable hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, the delay of repair action level is a total hydrocarbon mass emissions rate (as methane) or 1.8 kg/hr. The delay of repair action level is assessed as described in paragraph (d)(3)(i) or (ii) of this section, as applicable. (i) For once-through heat exchange systems for which the inlet water feed is monitored as described in § 63.1086(e)(2)(ii), the delay of repair action level is exceeded if the difference in the measurement value of the sample taken from a location specified in § 63.1086(e)(2)(i) and the measurement value of the corresponding sample taken from the location specified in § 63.1086(e)(2)(ii) equals or exceeds the delay of repair action level. (ii) For all other heat exchange systems, the delay of repair action level is exceeded if a measurement value of the sample taken from a location specified in § 63.1086(e)(1)(i) and (ii) or § 63.1086(e)(2)(i) equals or exceeds the delay of repair action level. [67 FR 46271, July 12, 2002, as amended at 85 FR 40421, July 6, 2020] Recordkeeping and Reporting Requirements for Heat Exchange Systems § 63.1089 What records must I keep? You must keep the records in paragraphs (a) through (e) of this section, according to the requirements of § 63.1109(c). (a) Monitoring data required by § 63.1086 that indicate a leak, the date the leak was detected, or, if applicable, the basis for determining there is no leak. (b) The dates of efforts to repair leaks. (c) The method or procedures used to confirm repair of a leak and the date the repair was confirmed. (d) At any time before the compliance dates specified in § 63.1081(a), you must keep documentation of delay of repair as specified in § 63.1088(a) through (c). Beginning no later than the compliance dates specified in § 63.1081(a), the requirement to keep documentation of delay of repair as specified in § 63.1088(a) through (c) no longer applies; instead, you must keep documentation of delay of repair as specified in paragraphs (d)(1) through (4) of this section. (1) The reason(s) for delaying repair. (2) A schedule for completing the repair as soon as practical. (3) The date and concentration or mass emissions rate of the leak as first identified and the results of all subsequent monitoring events during the delay of repair. (4) An estimate of the potential total hydrocarbon emissions from the leaking heat exchange system or heat exchanger for each required delay of repair monitoring interval following the applicable procedures in paragraphs (d)(4)(i) through (iii) of this section. (i) If you comply with the total strippable hydrocarbon concentration leak action level, as specified in § 63.1086(e)(4), you must calculate the mass emissions rate by complying with the requirements of § 63.1086(e)(3)(ii) or by determining the mass flow rate of the cooling water at the monitoring location where the leak was detected. If the monitoring location is an individual cooling tower riser, determine the total cooling water mass flow rate to the cooling tower. Cooling water mass flow rates may be determined using direct measurement, pump curves, heat balance calculations, or other engineering methods. If you determine the mass flow rate of the cooling water, calculate the mass emissions rate by converting the stripping gas leak concentration (in ppmv as methane) to an equivalent liquid concentration, in parts per million by weight (ppmw), using equation 7-1 from “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14) and multiply the equivalent liquid concentration by the mass flow rate of the cooling water. (ii) For delay of repair monitoring intervals prior to repair of the leak, calculate the potential total hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the monitoring interval by multiplying the mass emissions rate, determined in § 63.1086(e)(3)(ii) or paragraph (d)(4)(i) of this section, by the duration of the delay of repair monitoring interval. The duration of the delay of repair monitoring interval is the time period starting at midnight on the day of the previous monitoring event or at midnight on the day the repair would have been completed if the repair had not been delayed, whichever is later, and ending at midnight of the day the of the current monitoring event. (iii) For delay of repair monitoring intervals ending with a repaired leak, calculate the potential total hydrocarbon emissions for the leaking heat exchange system or heat exchanger for the final delay of repair monitoring interval by multiplying the duration of the final delay of repair monitoring interval by the mass emissions rate determined for the last monitoring event prior to the re-monitoring event used to verify the leak was repaired. The duration of the final delay of repair monitoring interval is the time period starting at midnight of the day of the last monitoring event prior to re-monitoring to verify the leak was repaired and ending at the time of the re-monitoring event that verified that the leak was repaired. (e) At any time before the compliance dates specified in § 63.1081(a), if you validate a 40 CFR part 136 method for the HAP listed in Table 1 to this subpart according to the procedures in appendix D to this part, then you must keep a record of the test data and calculations used in the validation. On the compliance dates specified in § 63.1081(a), this requirement no longer applies. [67 FR 46271, July 12, 2002, as amended at 85 FR 40422, July 6, 2020] § 63.1090 What reports must I submit? If you delay repair for your heat exchange system, you must report the delay of repair in the semiannual report required by § 63.1110(e). If the leak remains unrepaired, you must continue to report the delay of repair in semiannual reports until you repair the leak. Except as provided in paragraph (f) of this section, you must include the information in paragraphs (a) through (e) of this section in the semiannual report. (a) The fact that a leak was detected, and the date that the leak was detected. (b) Whether or not the leak has been repaired. (c) The reasons for delay of repair. If you delayed the repair as provided in § 63.1088(b), documentation of emissions estimates. (d) If a leak remains unrepaired, the expected date of repair. (e) If a leak is repaired, the date the leak was successfully repaired. (f) For heat exchange systems subject to § 63.1085(e) and (f), Periodic Reports must include the information specified in paragraphs (f)(1) through (5) of this section, in lieu of the information specified in paragraphs (a) through (e) of this section. (1) The number of heat exchange systems at the plant site subject to the monitoring requirements in § 63.1085(e) and (f) during the reporting period. (2) The number of heat exchange systems subject to the monitoring requirements in § 63.1085(e) and (f) at the plant site found to be leaking during the reporting period. (3) For each monitoring location where the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate was determined to be equal to or greater than the applicable leak definitions specified in § 63.1086(e)(5) during the reporting period, identification of the monitoring location ( e.g., (4) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate measured during re-monitoring to verify repair, and the re-monitoring date ( i.e., (5) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate of the potential total hydrocarbon emissions over the reporting period associated with the delayed repair. [67 FR 46271, July 12, 2002, as amended at 85 FR 40422, July 6, 2020] Background for Waste Requirements § 63.1091 What do the waste requirements do? This subpart requires you to comply with 40 CFR part 61, subpart FF, National Emission Standards for Benzene Waste Operations. There are some differences between the ethylene production waste requirements and those of subpart FF. § 63.1092 What are the major differences between the requirements of 40 CFR part 61, subpart FF, and the waste requirements for ethylene production sources? The major differences between the requirements of 40 CFR part 61, subpart FF, and the requirements for ethylene production sources are listed in paragraphs (a) through (d) of this section. (a) The requirements for ethylene production sources apply to all ethylene production sources that are part of a major source. The requirements do not include a provision to exempt sources with a total annual benzene quantity less than 10 megagrams per year (Mg/yr) from control requirements. (b) The requirements for ethylene production sources apply to continuous butadiene waste streams which do not contain benzene quantities that would make them subject to the management and treatment requirements of 40 CFR part 61, subpart FF. (c) The requirements for ethylene production sources do not include the compliance options at 40 CFR 61.342(c)(3)(ii), (d) and (e) for sources with a total annual benzene quantity less than 10 Mg/yr. (d) If you transfer waste off-site, you must comply with the requirements in § 63.1096 rather than 40 CFR 61.342(f). Applicability for Waste Requirements § 63.1093 Does this subpart apply to my waste streams? The waste stream provisions of this subpart apply to your waste streams if you own or operate an ethylene production facility expressly referenced to this subpart XX from subpart YY of this part. The provisions of subpart A (General Provisions) of this part do not apply to this subpart except as specified in a referencing subpart. § 63.1094 What waste streams are exempt from the requirements of this subpart? The types of waste described in paragraphs (a) and (b) of this section are exempt from this subpart. (a) Waste in the form of gases or vapors that is emitted from process fluids. (b) Waste that is contained in a segregated storm water sewer system. Waste Requirements § 63.1095 What specific requirements must I comply with? For waste that is not transferred off-site, you must comply with the requirements in paragraph (a) of this section for continuous butadiene waste streams and paragraph (b) of this section for benzene waste streams. If you transfer waste off-site, you must comply with the requirements of § 63.1096. (a) Continuous butadiene waste streams. (1) Route the continuous butadiene stream to a treatment process or wastewater treatment system used to treat benzene waste streams that complies with the standards specified in 40 CFR 61.348. Comply with the requirements of 40 CFR part 61, subpart FF; with the changes in Table 2 to this subpart, and as specified in paragraphs (a)(1)(i) through (vi) of this section. (i) Determine the butadiene concentration of the waste stream according to 40 CFR 61.355(c)(1) through (3), except substitute “1,3-butadiene” for each occurrence of “benzene.” You may validate 40 CFR part 136 methods for 1,3-butadiene according to the procedures in appendix D to this part. You do not need to determine the butadiene concentration of a waste stream if you designate that the stream must be controlled. (ii) Comply with 40 CFR 61.342(c)(1)(ii) and (iii) for each waste management unit that receives or manages the waste stream prior to and during treatment or recycling of the waste stream. (iii) Comply with the recordkeeping requirements in 40 CFR 61.356(b), (b)(1) and (b)(2), except substitute “1,3-butadiene” for each occurrence of “benzene” and “continuous butadiene waste stream” for each occurrence of “waste stream.” (iv) Comply with the reporting requirements in 40 CFR 61.357(a), (a)(2), (a)(3), (a)(3)(iii) through (v), and (d)(1) and (2), except substitute “1,3-butadiene” for each occurrence of “benzene” and “continuous butadiene waste stream” for each occurrence of “waste stream.” (v) Include only the information in 40 CFR 61.357(a)(2) and (a)(3)(iii) through (v) in the report required in 40 CFR 61.357(a) and (d)(2). (vi) Beginning no later than the compliance dates specified in § 63.1081(b), if you use a steam-assisted, air-assisted, non-assisted, or pressure-assisted multi-point flare to comply with 40 CFR part 61, subpart FF, then you must comply with the requirements § 63.1103(e)(4) in lieu of 40 CFR 61.349(a)(2)(iii) and (d), 40 CFR 61.354(c)(3), 40 CFR 61.356(f)(2)(i)(D) and (j)(7), and 40 CFR 61.357(d)(7)(iv)(F). (2) Comply with the process wastewater requirements of subpart G of this part. Submit the information required in § 63.146(b) in the Notification of Compliance Status required by § 63.1110(d). Submit the information required in § 63.146(c) through (e) in either the Periodic Reports required in § 63.152 or the Periodic Reports required in § 63.1110(e). (3) Before July 6, 2023, if the total annual benzene quantity from waste at your facility is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), comply with the requirements of this section at all times except during periods of startup, shutdown, and malfunction, if the startup, shutdown, or malfunction precludes the ability of the affected source to comply with the requirements of this section and the owner or operator follows the provisions for periods of startup, shutdown, and malfunction, as specified in § 63.1111. Beginning on July 6, 2023, if the total annual benzene quantity from waste at your facility is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), you must comply with the requirements of this section at all times. (b) Waste streams that contain benzene. (1) If the total annual benzene quantity from waste at your facility is less than 10 Mg/yr, as determined according to 40 CFR 61.342(a), manage and treat spent caustic waste streams and dilution steam blowdown waste streams according to 40 CFR 61.342(c)(1) through (c)(3)(i). Before July 6, 2023, the requirements of this paragraph (b)(1) shall apply at all times except during periods of startup, shutdown, and malfunction, if the startup, shutdown, or malfunction precludes the ability of the affected source to comply with the requirements of this section and the owner or operator follows the provisions for periods of startup, shutdown, and malfunction, as specified in § 63.1111. Beginning on July 6, 2023, the requirements of this paragraph (b)(1) shall apply at all times. (2) If the total annual benzene quantity from waste at your facility is greater than or equal to 10 Mg/yr, as determined according to 40 CFR 61.342(a), you must manage and treat waste streams according to any of the options in 40 CFR 61.342(c)(1) through (e) or transfer waste off-site. If you elect to transfer waste off-site, then you must comply with the requirements of § 63.1096. (3) Beginning no later than the compliance dates specified in § 63.1081(b), if you use a steam-assisted, air-assisted, non-assisted, or pressure-assisted multi-point flare to comply with 40 CFR part 61, subpart FF, then you must comply with the requirements of § 63.1103(e)(4) in lieu of 40 CFR 61.349(a)(2)(iii) and (d), 40 CFR 61.354(c)(3), 40 CFR 61.356(f)(2)(i)(D) and (j)(7), and 40 CFR 61.357(d)(7)(iv)(F). [67 FR 46271, July 12, 2002, as amended at 70 FR 19272, Apr. 13, 2005; 85 FR 40423, July 6, 2020] § 63.1096 What requirements must I comply with if I transfer waste off-site? If you elect to transfer waste off-site, you must comply with the requirements in paragraphs (a) through (d) of this section. (a) Include a notice with the shipment or transport of each waste stream. The notice shall state that the waste stream contains organic HAP that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing (for example, discharge to a publicly-owned treatment works), the notice shall be submitted to the treatment operator initially and whenever there is a change in the required treatment. (b) You may not transfer the waste stream unless the transferee has submitted to the Administrator a written certification that the transferee will manage and treat any waste stream received from a source subject to the requirements of this subpart in accordance with the requirements of this subpart. (c) By providing this written certification to the Administrator, the certifying entity accepts responsibility for compliance with the regulatory provisions in this subpart with respect to any shipment of waste covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of those provisions by owners or operators of sources. (d) The certifying entity may revoke the written certification by sending a written statement to the Administrator and you. The notice of revocation must provide at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions of this subpart. Upon expiration of the notice period, you may not transfer the waste stream to that off-site treatment operation. Written certifications and revocation statements to the Administrator from the transferees of waste shall be signed by the responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in 40 CFR 63.13. Such written certifications are not transferable by the treater to other off-site waste treatment operators. Implementation and Enforcement § 63.1097 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (1) Approval of alternatives to the nonopacity emissions standards in §§ 63.1085, 63.1086 and 63.1095, under § 63.6(g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) [Reserved] (3) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. Table 1 to Subpart XX of Part 63—Hazardous Air Pollutants Hazardous air pollutant CAS No. Benzene 71432 1,3-Butadiene 106990 Cumene 98828 Ethyl benzene 100414 Hexane 110543 Naphthalene 91203 Styrene 100425 Toluene 108883 o-Xylene 95476 m-Xylene 108383 p-Xylene 106423 Table 2 to Subpart XX of Part 63—Requirements of 40 CFR Part 61, Subpart FF, Not Included in the Requirements for This Subpart and Alternate Requirements If the total annual benzene quantity for waste from your facility is * * * Do not comply with: Instead, comply with: 1. Less than 10 Mg/yr 40 CFR 61.340 § 63.1093. 40 CFR 61.342(c)(3)(ii), (d), and (e) There is no equivalent requirement. 40 CFR 61.342(f) § 63.1096. 40 CFR 61.355(j) and (k) There is no equivalent requirement. 40 CFR 61.356(b)(2)(ii), (b)(3) through (b)(5) There is no equivalent requirement. The requirement to submit the information required in 40 CFR 61.357(a) to the Administrator within 90 days after January 7, 1993 The requirement to submit the information required in 40 CFR 61.357(a) as part of the Initial Notification required in 40 CFR 63.1110(c). The requirement in 40 CFR 61.357(d) to submit the information in 40 CFR 61.357(d)(1) and (d)(2) if the TAB quantity from your facility is equal to or greater than 10 Mg/yr The requirement to submit the information in 40 CFR 61.357(d)(1) and (d)(2) for spent caustic, dilution steam blowdown, and continuous butadiene waste streams. The requirement in 40 CFR 61.357(d)(1) to submit the information required in 40 CFR 63.357(d)(1) to the Administrator within 90 days after January 7, 1993 The requirement to submit the information required in 40 CFR 61.357(d)(1) as part of the Notification of Compliance Status required in 40 CFR 63.1110(d). 40 CFR 61.357(d)(3) through (d)(5) There is no equivalent requirement. 2. Greater than or equal to 10 Mg/yr 40 CFR 61.340 § 63.1093. 40 CFR 61.342(f) § 63.1096. The requirement to submit the information required in 40 CFR 61.357(a) to the Administrator within 90 days after January 7, 1993 The requirement to submit the information required in 40 CFR 61.357(a) as part of the Initial Notification required in 40 CFR 63.1110(c). The requirement in 40 CFR 61.357(d) to submit the information in 40 CFR 61.357(d)(1) and (d)(2) if the TAB quantity from your facility is equal to or greater than 10 Mg/yr The requirement to submit the information in 40 CFR 61.357(d)(1) and (d)(2) as part of the Notification of Compliance Status required in 40 CFR 63.1110(d). [67 FR 46271, July 12, 2002, as amended at 85 FR 40423, July 6, 2020] Subpart YY—National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards Source: 64 FR 34921, June 29, 1999, unless otherwise noted. § 63.1100 Applicability. (a) General. Table 1 to § 63.1100( a a Source category Storage vessels Process vents Transfer racks Equipment leaks Wastewater streams Other Source category MACT requirements Acetal Resins Production Yes Yes No Yes Yes No § 63.1103(a) Acrylic and Modacrylic Fibers Production Yes Yes No Yes Yes Yes b § 63.1103(b) Carbon Black Production No Yes No No No No § 63.1103(f). Cyanide Chemicals Manufacturing Yes Yes Yes Yes Yes No § 63.1103(g). Ethylene Production Yes Yes Yes Yes Yes Yes c § 63.1103(e). Hydrogen Fluoride Production Yes Yes Yes Yes No No § 63.1103(c) Polycarbonate Production Yes Yes No Yes Yes No § 63.1103(d) Spandex Production Yes Yes No No No Yes d § 63.1103(h). a b c d (b) Subpart A requirements. (c) Research and development facilities. (d) Primary product determination and applicability. (1) If a process unit only manufactures one product, then that product shall represent the primary product of the process unit. (2) If a process unit is designed and operated as a flexible operation unit, the primary product shall be determined as specified in paragraphs (d)(2)(i) or (ii) of this section based on the anticipated operations for the 5 years following the promulgation date for existing affected sources and for the first 5 years after initial startup for new affected sources. (i) If the flexible operation unit will manufacture one product for the greatest percentage of operating time over the five-year period, then that product shall represent the primary product of the flexible operation unit. (ii) If the flexible operation unit will manufacture multiple products equally based on operating time, then the product with the greatest production on a mass basis over the five-year period shall represent the primary product of the flexible operation unit. (3) Once the primary product of a process unit has been determined to be a product produced by a source category subject to this subpart, the owner or operator of the affected source shall comply with the standards for the primary product production process unit. (4) The determination of the primary product for a process unit, including the assessment of applicability of this subpart to process units that are designed and operated as flexible operation units, shall be reported in the Notification of Compliance Status report required by § 63.1110(a)(4) when the primary product is determined to be a product produced by a source category subject to requirements under this subpart. The Notification of Compliance Status shall include the information specified in either paragraph (d)(4)(i) or (ii) of this section. If the primary product is determined to be something other than a product produced by a source category subject to requirements under this subpart, the owner or operator shall retain information, data, and analyses used to document the basis for the determination that the primary product is not produced by a source category subject to requirements under this subpart. (i) If the process unit manufactures only one product subject to requirements under this subpart, the identity of that product. (ii) If the process unit is designed and operated as a flexible operation unit, the information specified in paragraphs (d)(4)(ii)(A) and (B) of this section, as appropriate. (A) The identity of the primary product. (B) Information concerning operating time and/or production mass for each product that was used to make the determination of the primary product under paragraph (d)(2)(i) or (ii) of this section. (5) When a flexible operation unit that is subject to this subpart is producing a product other than a product subject to this subpart, or is producing a product subject to this subpart that is not the primary product, the owner or operator shall comply with either paragraph (d)(5) (i) or (ii) of this section for each emission point. (i) The owner or operator shall control emissions during the production of all products in accordance with the requirements for the production of the primary product. As appropriate, the owner or operator shall demonstrate that the parameter monitoring level established for the primary product is also appropriate for those periods when products other than the primary product are being produced. Documentation of this demonstration shall be submitted in the Notification of Compliance Status report required by § 63.1110(a)(4). (ii) The owner or operator shall determine, for the production of each product, whether control is required in accordance with the applicable criteria for the primary product in § 63.1103. If control is required, the owner or operator shall establish separate parameter monitoring levels, as appropriate, for the production of each product. The parameter monitoring levels developed shall be submitted in the Notification of Compliance Status report required by § 63.1110(a)(4). (e) Storage vessel ownership determination. (1) If a storage vessel is already subject to another subpart of this part on the date of promulgation for an affected source under the generic MACT, that storage vessel shall belong to the process unit subject to the other subpart. (2) If a storage vessel is dedicated to a single process unit, the storage vessel shall belong to that process unit. (3) If a storage vessel is shared among process units, then the storage vessel shall belong to that process unit located on the same plant site as the storage vessel that has the greatest input into or output from the storage vessel (i.e., the process unit has the predominant use of the storage vessel.) (4) If predominant use cannot be determined for a storage vessel that is shared among process units and if only one of those process units is subject to this subpart, the storage vessel shall belong to that process unit. (5) If predominant use cannot be determined for a storage vessel that is shared among process units and if more than one of the process units are subject to standards under this subpart that have different primary products, then the owner or operator shall assign the storage vessel to any one of the process units sharing the storage vessel. (6) If the predominant use of a storage vessel varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding the date of promulgation of standards for an affected source under this subpart or based on the expected utilization for the 5 years following the promulgation date of standards for an affected source under this subpart for existing affected sources, whichever is more representative of the expected operations for that storage vessel, and based on the expected utilization for the 5 years after initial startup for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status Report required by § 63.1110(a)(4). If the predominant use changes, the redetermination of predominant use shall be reported in the next Periodic Report. (7) If the storage vessel begins receiving material from (or sending material to) another process unit; ceases to receive material from (or send material to) a process unit; or if the applicability of this subpart to a storage vessel has been determined according to the provisions of paragraphs (e)(1) through (6) of this section and there is a significant change in the use of the storage vessel that could reasonably change the predominant use, the owner or operator shall reevaluate the applicability of this subpart to the storage vessel. (8) Where a storage vessel is located at a major source that includes one or more process units that place material into, or receive materials from, the storage vessel, but the storage vessel is located in a tank farm, the applicability of this subpart shall be determined according to the provisions in paragraphs (e)(8)(i) through (iii) of this section. (i) The storage vessel may only be assigned to a process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw material, as appropriate). With respect to any process unit, an intervening storage vessel means a storage vessel connected by hard-piping to the process unit and to the storage vessel in the tank farm so that product or raw material entering or leaving the process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (ii) If there is only one process unit at a major source that meets the criteria of paragraph (e)(8)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that process unit. (iii) If there are two or more process units at the major source that meet the criteria of paragraph (e)(8)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those process units according to the provisions of paragraph (e)(6) of this section. The predominant use shall be determined among only those process units that meet the criteria of paragraph (e)(8)(i) of this section. (f) Recovery operation equipment ownership determination. (1) If recovery operation equipment is already subject to another subpart of this part on the date standards are promulgated for an affected source, that recovery operation equipment shall belong to the process unit subject to the other subpart. (2) If recovery operation equipment is used exclusively by a single process unit, the recovery operation shall belong to that process unit. (3) If recovery operation equipment is shared among process units, then the recovery operation equipment shall belong to that process unit that has the greatest input into or output from the recovery operation equipment (i.e., that process unit has the predominant use of the recovery operation equipment). (4) If predominant use cannot be determined for recovery operation equipment that is shared among process units and if one of those process units is a process unit subject to this subpart, the recovery operation equipment shall belong to the process unit subject to this subpart. (5) If predominant use cannot be determined for recovery operation equipment that is shared among process units and if more than one of the process units are process units that have different primary products and that are subject to this subpart, then the owner or operator shall assign the recovery operation equipment to any one of those process units. (6) If the predominant use of recovery operation equipment varies from year to year, then the predominant use shall be determined based on the utilization that occurred during the year preceding the promulgation date of standards for an affected source under this subpart or based on the expected utilization for the 5 years following the promulgation date for standards for an affected source under this subpart for existing affected sources, whichever is the more representative of the expected operations for the recovery operations equipment, and based on the expected utilization for the first 5 years after initial startup for new affected sources. This determination shall be reported in the Notification of Compliance Status Report required by § 63.1110(a)(4). If the predominant use changes, the redetermination of predominant use shall be reported in the next Periodic Report. (7) If there is an unexpected change in the utilization of recovery operation equipment that could reasonably change the predominant use, the owner or operator shall redetermine to which process unit the recovery operation belongs by reperforming the procedures specified in paragraphs (f)(2) through (6) of this section. (g) Overlap with other regulations. (1) Overlap of subpart YY with other regulations for storage vessels. (ii) After the compliance dates specified in § 63.1102, a storage vessel that must be controlled according to the requirements of this subpart and subpart Ka or Kb of 40 CFR part 60 is required to comply only with the storage vessel requirements of this subpart. (2) Overlap of subpart YY with other regulations for process vents. (ii) After the compliance dates specified in § 63.1102, a process vent that must be controlled according to the requirements of this subpart and subpart III, RRR or NNN of 40 CFR part 60 is required to comply only with the process vent requirements of this subpart. (3) Overlap of this subpart YY with other regulations for transfer racks. (4) Overlap of subpart YY with other regulations for equipment leaks. (ii) After the compliance dates specified in § 63.1102, equipment that must be controlled according to this subpart YY and subpart H of this part is in compliance with the equipment leak requirements of this subpart YY if it complies with either set of requirements. For ethylene production affected sources, the requirement in § 63.1103(e)(9)(i) also applies. The owner or operator must specify the rule with which they will comply in the Notification of Compliance Status report required by § 63.1110(a)(4). (iii) Beginning no later than the compliance dates specified in § 63.1102(c), for ethylene production affected sources, equipment that must be controlled according to this subpart YY and subpart VVa of 40 CFR part 60 is required only to comply with the equipment leak requirements of this subpart, except the owner or operator must also comply with the calibration drift assessment requirements specified at 40 CFR 60.485a(b)(2) if they are required to do so in subpart VVa of 40 CFR part 60. When complying with the calibration drift assessment requirements at 40 CFR 60.485a(b)(2), the requirement at 40 CFR 60.486a(e)(8)(v) to record the instrument reading for each scale used applies. (5) Overlap of this subpart YY with other regulations for wastewater for source categories other than ethylene production. (6) Overlap of subpart YY with other regulations for waste for the ethylene production source category. (A) Comply with the provisions in §§ 63.133 through 63.137 and 63.140 for all equipment used in the storage and conveyance of the waste stream. (B) Comply with the provisions in §§ 63.1103(e), 63.138, and 63.139 for the treatment and control of the waste stream. (C) Comply with the provisions in §§ 63.143 through 63.148 for monitoring and inspections of equipment and for recordkeeping and reporting requirements. The owner or operator is not required to comply with the monitoring, recordkeeping, and reporting requirements associated with the treatment and control requirements in §§ 61.355 through 61.357. (ii) After the compliance date specified in § 63.1102, compliance with § 63.1103(e) shall constitute compliance with the Benzene Waste Operations NESHAP (subpart FF of 40 CFR part 61) for waste streams that are subject to both the control requirements of § 63.1103(e)(3) for ethylene production sources and the control requirements of 40 CFR part 61, subpart FF. (7) Overlap of this subpart YY with other regulations for flares for the ethylene production source category. (ii) Beginning no later than the compliance dates specified in § 63.1102(c), flares subject to § 63.987 and used as a control device for an emission point subject to the requirements in Table 7 to § 63.1103(e) are only required to comply with § 63.1103(e)(4). (iii) Beginning no later than the compliance dates specified in § 63.1102(c), flares subject to the requirements in 40 CFR part 63, subpart CC and used as a control device for an emission point subject to the requirements in Table 7 to § 63.1103(e) are only required to comply with the flare requirements in 40 CFR part 63, subpart CC. [64 FR 34921, June 29, 1999, as amended at 64 FR 63698, 63706, Nov. 22, 1999; 67 FR 46279, July 12, 2002; 70 FR 19272, Apr. 13, 2005; 79 FR 60922, Oct. 8, 2014; 85 FR 40423, July 6, 2020; 85 FR 73896, Nov. 19, 2020; 89 FR 23864, Apr. 4, 2024] § 63.1101 Definitions. All terms used in this subpart shall have the meaning given them in the Act, in 40 CFR 63.2 (General Provisions), and in this section. The definitions in this section do not apply to waste requirements for ethylene production sources. Annual average concentration, Annual average flow rate, Batch cycle Batch emission episode Batch unit operation Bottoms receiver By compound Capacity Closed vent system Combined vent stream Compliance equipment Continuous parameter monitoring system CPMS Continuous unit operation Control device Day Distillate receiver Distillation unit Emission point Equipment Equivalent method Excess emissions Final recovery device Flexible operation unit Fuel gas Fuel gas system Group 1 wastewater stream Group 2 wastewater stream Halogens and hydrogen halides Impurity Initial startup Low throughput transfer rack Maintenance wastewater Malfunction Maximum true vapor pressure (1) In accordance with methods described in American Petroleum Institute Publication 2517, Evaporation Loss From External Floating-Roof Tanks (incorporated by reference as specified in § 63.14 of subpart A of this part); or (2) As obtained from standard reference texts; or (3) As determined by the American Society for Testing and Materials Method D2879-83 (incorporated by reference as specified in § 63.14 of subpart A of this part); or (4) Any other method approved by the Administrator. Oil-water separator organic-water separator On-site Organic hazardous air pollutant organic HAP Permitting authority (1) The State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to carry out a permit program under part 70 of this chapter; or (2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661) and part 71 of this chapter. Plant site Point of determination Note to definition for point of determination: The regulation allows determination of the characteristics of a wastewater stream at the point of determination or downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of Table 9 compounds (as defined under this subpart) as determined in § 63.144. Such changes include losses by air emissions, reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams, and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy hazardous air pollutants. Pressure release Pressure relief device or valve Process condenser Process unit Process unit shutdown (1) An unscheduled work practice or operational procedure that stops production from a process unit, or part of a process unit, for less than 24 hours. (2) An unscheduled work practice or operational procedure that would stop production from a process unit, or part of a process unit, for a shorter period of time than would be required to clear the process unit, or part of the process unit, of materials and start up the unit and result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown. (3) The use of spare equipment and technically feasible bypassing of equipment without stopping production. Process vent (1) Relief valve discharges; (2) Leaks from equipment subject to this subpart; (3) Gas streams exiting a control device complying with this subpart; (4) Gas streams transferred to other processes (on-site or off-site) for reaction or other use in another process ( i.e., (5) Gas streams transferred for fuel value ( i.e., (6) Gas streams from storage vessels or transfer racks subject to this subpart; (7) Gas streams from waste management units subject to this subpart; (8) Gas streams from wastewater streams subject to this subpart; (9) Gas streams exiting process analyzers; and (10) Gas stream discharges that contain less than or equal to 0.005 weight-percent total organic HAP. Process wastewater Process wastewater stream Product Recapture device Recovery device Research and development facility Shutdown Startup Storage vessel tank, Subsequent startup Surge control vessel Table 9 compounds Total organic compounds or (TOC) Total resource effectiveness index value TRE index value Transfer rack Unit operation Vapor balancing system Wastewater (1) Contains either: (i) An annual average concentration of Table 9 compounds (as defined under this subpart) of at least 5 parts per million by weight at the point of determination and has an annual average flow rate of 0.02 liter per minute or greater, or (ii) An annual average concentration of Table 9 compounds (as defined under this subpart) of at least 10,000 parts per million by weight at the point of determination at any flow rate, and that (2) Is discarded from a process unit, whose primary product is a product produced by a source category subject to this subpart. Wastewater stream [64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 1999; 66 FR 55847, Nov. 2, 2001; 67 FR 39305, June 7, 2002; 67 FR 46280, July 12, 2002; 71 FR 20458, Apr. 20, 2006; 79 FR 60922, Oct. 8, 2014; 85 FR 40424, July 6, 2020; 86 FR 66122, Nov. 19, 2021] § 63.1102 Compliance schedule. (a) General requirements. (1) Compliance dates for new and reconstructed sources. (ii) The owner or operator of a new or reconstructed affected source that has an initial startup after the applicable effective date in Table 1 to § 63.1102 of this section shall comply with this subpart upon startup of the source. (iii) The owner or operator of an affected source that commences construction or reconstruction after the proposal date, but before the effective date in Table 1 to this section, shall comply with this subpart no later than the date 3 years after the effective date if the conditions in paragraphs (a)(1)(iii) (A) and (B) of this section are met. (A) The promulgated standards are more stringent than the proposed standards. (B) The owner or operator complies with this subpart as proposed during the 3-year period immediately after the effective date of standards for the affected source. (2) Compliance dates for existing sources. (ii) The owner or operator of an area source that increases its emissions of (or its potential to emit) HAP such that the source becomes a major source shall be subject to the relevant standards for existing sources under this subpart. Such sources shall comply with the relevant standards within 3 years of becoming a major source. (b) All acrylic and modacrylic fiber production affected sources and polycarbonate production affected sources that commenced construction or reconstruction on or before January 9, 2014, shall be in compliance with the pressure relief device monitoring requirements of § 63.1107(e)(3) upon initial startup or October 9, 2017, whichever is later, and the equipment leaks requirements of 40 CFR part 63, subpart UU upon initial startup or October 8, 2015, whichever is later. New acrylic and modacrylic fiber production affected sources and polycarbonate production affected sources that commence construction or reconstruction after January 9, 2014, shall be in compliance with the pressure relief device monitoring requirements of § 63.1107(e)(3) upon initial startup or by October 8, 2014, whichever is later. Table 1 to § 63.1102—Source Category Proposal and Effective Dates Source category Proposal date Effective date (a) Acetal Resins Production October 14, 1998 June 29, 1999. (b) Acrylic and Modacrylic Fibers Production October 14, 1998 June 29, 1999. (c) Hydrogen Fluoride Production October 14, 1998 June 29, 1999. (d) Polycarbonate Production October 14, 1998 June 29, 1999. (e) Ethylene Production December 6, 2000 July 12, 2002. (f) Carbon Black Production December 6, 2000 July 12, 2002. (g) Cyanide Chemicals Manufacturing December 6, 2000 July 12, 2002. (h) Spandex Production December 6, 2000 July 12, 2002. (c) All ethylene production affected sources that commenced construction or reconstruction on or before October 9, 2019, must be in compliance with the requirements listed in paragraphs (c)(1) through (13) of this section upon initial startup or July 6, 2023, whichever is later. All ethylene production affected sources that commenced construction or reconstruction after October 9, 2019, must be in compliance with the requirements listed in paragraphs (c)(1) through (13) of this section upon initial startup, or July 6, 2020, whichever is later. (1) Overlap requirements specified in § 63.1100(g)(4)(iii) and (7), if applicable. (2) The storage vessel requirements specified in paragraphs (b)(1)(iii) and (c)(1)(ii) of Table 7 to § 63.1103(e), and the degassing requirements specified in § 63.1103(e)(10). (3) The ethylene process vent requirements specified in paragraph (d)(1)(ii) of Table 7 to § 63.1103(e). (4) The transfer rack requirements specified in § 63.1105(a)(5). (5) The equipment requirements specified in paragraph (f)(1)(ii) of Table 7 to § 63.1103(e) and § 63.1107(h). (6) The bypass line requirements specified in paragraph (i) of Table 7 to § 63.1103(e), and § 63.1103(e)(6). (7) The decoking requirements for ethylene cracking furnaces specified in paragraph (j) of Table 7 to § 63.1103(e), and § 63.1103(e)(7) and (8). (8) The flare requirements specified in § 63.1103(e)(4). (9) The maintenance vent requirements specified in § 63.1103(e)(5). (10) The requirements specified in § 63.1103(e)(9). (11) The requirements in § 63.1108(a)(4), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B). (12) The recordkeeping requirements specified in § 63.1109(e) through (i). (13) The reporting requirements specified in § 63.1110(a)(10), (d)(1)(iv) and (v), and (e)(4) through (8). (d) Cyanide chemicals manufacturing. (i) Requirements specified in Table 9 to § 63.1103(g), table entry (f)(1)(ii), for new cyanide chemicals manufacturing process units that generate process wastewater. (ii) Requirements specified in Table 9 to § 63.1103(g), table entry (g), for existing cyanide chemicals manufacturing process units that generate process wastewater. (2) All cyanide chemicals manufacturing affected sources that commenced construction or reconstruction on or before January 15, 2021, must be in compliance with the requirements listed in paragraphs (d)(2)(i) through (iii) of this section upon initial startup or May 18, 2022, whichever is later. All cyanide chemicals manufacturing affected sources that commenced construction or reconstruction after January 15, 2021, must be in compliance with the requirements listed in paragraphs (d)(2)(i) through (iii) of this section upon initial startup, or November 19, 2021, whichever is later. (i) The exceptions specified in § 63.1103(g)(6) related to 40 part 63, subparts SS, TT, and UU startup, shutdown, and malfunction requirements. (ii) The compliance requirements specified in § 63.1108(a)(4), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B). (iii) The electronic reporting requirements specified in § 63.1110(a)(10). (e) Carbon black production. (i) The process vent applicability determination requirements specified in § 63.1103(f)(3)(iv). (ii) The performance test frequency requirements specified in § 63.1108(b)(4)(ii). (iii) The boiler and process heater tune up requirements specified in § 63.1103(f)(3)(iii). (2) All carbon black production affected sources that commenced construction or reconstruction on or before January 14, 2021, must be in compliance with the requirements listed in paragraphs (e)(2)(i) through (iv) of this section upon initial startup or May 18, 2022, whichever is later. All carbon black production affected sources that commenced construction or reconstruction after January 14, 2021, must be in compliance with the requirements listed in paragraphs (e)(2)(i) through (iv) of this section upon initial startup, or November 19, 2021, whichever is later. (i) The exceptions specified in § 63.1103(f)(4) related to 40 part 63, subpart SS, startup, shutdown, and malfunction requirements. (ii) The exception specified in § 63.1103(f)(5) related to the requirement that a closed vent system route the collected vapors to a control device when demonstrating compliance. (iii) The compliance requirements specified in § 63.1108(a)(4), (b)(1)(ii), (b)(2), and (b)(4)(ii)(B). (iv) The electronic reporting requirements specified in § 63.1110(a)(10). (3) All carbon black production affected sources that commenced construction or reconstruction on or before January 14, 2021, must be in compliance with the requirements specified in line entry (b) in Table 8 to § 63.1103(f) on or before November 19, 2024. All carbon black production affected sources that commenced construction or reconstruction after January 14, 2021, must be in compliance with the requirements specified in line entries (b) and (c) in Table 8 to § 63.1103(f) upon initial startup or November 19, 2021, whichever is later. [67 FR 46280, July 12, 2002, as amended at 79 FR 60922, Oct. 8, 2014; 85 FR 40425, July 6, 2020; 86 FR 66122, Nov. 19, 2021; 89 FR 23864, Apr. 4, 2024] § 63.1103 Source category-specific applicability, definitions, and requirements. (a) Acetal resins production applicability, definitions, and requirements Applicability Affected source. (A) All storage vessels that store liquids containing organic HAP. For purposes of regulation, surge control vessels and bottoms receivers that are located as part of the process train prior to the polymer reactor are to be regulated under the front-end process vent provisions. (B) All process vents from continuous unit operations (front end process vents and back end process vents). (C) All wastewater streams associated with the acetal resins production process unit as defined in (a)(2) of this section. (D) Equipment (as defined in § 63.1101 of this subpart) that contains or contacts organic HAP. (ii) Compliance schedule. (2) Definitions. Acetal resins production 2 2 Back end process vent Front end process vent (3) Requirements. Table 1 to § 63.1103( a If you own or operate. . . And if. . . Then you must. . . 1. A storage vessel with: 34 cubic meters <capacity The maximum true vapor pressure of organic HAP >17.1 kilopascals (for existing sources) or >11.7 kilopascals (for new sources) a. Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS (national emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or b. Comply with the requirements of subpart WW (national emission standards for storage vessels (control level 2)) of this part. 2. A front end process vent from continuous unit operations a. Reduce emissions of total organic HAP by using a flare meeting the requirements of subpart SS of this part; or b. Reduce emissions of total organic HAP by 60 weight-percent, or reduce TOC to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(2) (process vent requirements) of this part. 3. A back end process vent from continuous unit operations The vent stream has a TRE a a. Reduce emissions of total organic HAP by using a flare meeting the requirements of subpart SS of this part; or b. Reduce emissions of total organic HAP by 98 weight-percent, or reduce TOC to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(2) (process vent requirements) of this part; or c. Achieve and maintain a TRE index value greater than 1.0. 4. A back end process vent from continuous unit operations 1.0 ≤TRE a Monitor and keep records of equipment operating parameters specified to be monitored under subpart SS, §§ 63.990(c)(absorber, condenser, and carbon adsorber monitoring) or 63.995(c) (other noncombustion systems used as a control device monitoring) of this part. 5. Equipment as defined under § 63.1101 The equipment contains or contacts ≥10 weight-percent organic HAP b Comply with the requirements of subpart TT (national emission standards for equipment leaks (control level 1)) or subpart UU (national emission standards for equipment leaks (control level 2)) of this part. 6. An acetal resins production process unit that generates process wastewater The process wastewater stream is a Group 1 or Group 2 wastewater stream Comply with the requirements of § 63.1106(a). 7. An acetal resins production process unit that generates maintenance wastewater The maintenance wastewater contains organic HAP Comply with the requirements of § 63.1106(b). 8. An item of equipment listed in § 63.1106(c)(1) The item of equipment meets the criteria specified in § 63.1106(c)(1) through (3) and either (c)(4)(i) or (ii) Comply with the requirements in Table 35 of subpart G of this part. a b (b) Acrylic and modacrylic fiber production applicability, definitions, and requirements Applicability Affected source. (A) All storage vessels that store liquid containing acrylonitrile or organic HAP. (B) All process vents from continuous unit operations. (C) All wastewater streams associated with the acrylic and modacrylic fibers production process unit as defined in (b)(2) of this section. (D) Equipment (as defined in § 63.1101 of this subpart) that contains or contacts acrylonitrile or organic HAP. (E) All acrylic and modacrylic fiber spinning lines using a spinning solution or suspension having organic acrylonitrile or organic HAP. For the purposes of implementing this paragraph, a spinning line includes the spinning solution filters, spin bath, and the equipment used downstream of the spin bath to wash, dry, or draw the spun fiber. (ii) Compliance schedule. (2) Definitions. Acrylic fiber Acrylic and modacrylic fibers production (i) Acrylic fiber. (ii) Modacrylic fiber. Acrylonitrile solution polymerization Acrylonitrile suspension polymerization Fiber spinning line In organic hazardous air pollutant or in organic HAP service Modacrylic fiber Seal Spin dope (3) Requirements. (i) Table 2 of this section specifies the acrylic and modacrylic fiber production source category control requirement applicability for both existing and new sources. Applicability assessment procedures and methods are specified in §§ 63.1104 through 63.1107. An owner or operator of an affected source is not required to perform tests, or other applicability assessment procedures if they opt to comply with the most stringent requirements for an applicable emission point pursuant to this subpart. General compliance, recordkeeping, and reporting requirements are specified in §§ 63.1108 through 63.1112. Procedures for approval of alternative means of emission limitations are specified in § 63.1113. The owner or operator must control organic HAP emissions from each affected source emission point by meeting the applicable requirements specified in table 2 of this section. Table 2 to § 63.1103( b i b i If you own or operate. . . And if. . . Then you must. . . 1. A storage vessel The stored material contains organic HAP a. Reduce emissions of organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control device meeting the requirements of subpart SS of this part, as specified in § 63.982(a)(1) (storage vessel requirements), or 95 weight-percent or greater by venting through a closed vent system to a recovery device meeting the requirements of subpart SS, § 63.993 (recovery device requirements); or b. Comply with the requirements of subpart WW of this part. 2. A process vent from continuous unit operations (halogenated) The vent steam has a mass emission rate of halogen atoms contained in organic compounds ≥0.45 kilograms per hour, a b a. Reduce emissions of organic HAP or TOC as specified for nonhalogenated process vents from continuous unit operations (other than by using a flare) by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS of this part, § 63.994 (halogen reduction devices requirements) that reduces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilograms per year, whichever is less stringent; or b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilograms per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS of this part, § 63.994 (halogen reduction devices requirements) and then complying with the requirements specified for process vents from continuous unit operations (nonhalogenated). 3. A process vent from continuous unit operations (nonhalogenated) The vent steam has a mass emission rate of halogen atoms contained in organic compounds <0.45 kilograms per hour, a b a. Reduce emissions of organic HAP by using a flare meeting the requirements of subpart SS of this part, § 63.987 (flare requirements); or 4. A fiber spinning line that is a new or reconstructed source The lines use a spin dope produced from either a suspension polymerization process or solution polymerization process a. Reduce organic HAP emissions by 85 weight-percent or more. (For example, you may enclose the spinning and washing areas of the spinning line (as specified in paragraph (b)(4) of this section) and vent through a closed vent system and use any combination of control devices meeting the requirements of subpart SS of this part, as specified in § 63.982(a).); or b. Reduce organic HAP emissions from the spinning line to less than or equal to 0.25 kilograms of organic HAP per megagram (0.5 pounds of organic HAP per ton) of acrylic and modacrylic fiber produced; or c. Reduce the organic HAP concentration of the spin dope to less than 100 ppmw. 5. A fiber spinning line that is an existing source The spinning line uses a spin dope produced from a solution polymerization process Reduce organic HAP emissions from the spinning line to less than or equal to 20 kilograms of organic HAP per megagram (40 pounds of organic HAP per ton) of acrylic and modacrylic fiber produced. 6. A fiber spinning line that is an existing source The spinning line uses a spin dope produced from a suspension polymerization process a. Reduce the organic HAP concentration of the spin dope to less than 100 ppmw; b 7. Equipment as defined under § 63.1101 (with the differences for pressure relief devices described in item 11 below) It contains or contacts ≥10 weight-percent organic HAP, c a. Comply with either § 63.1008 or § 63.1027 for connectors in gas and vapor service and in light liquid service, and comply with the requirements of subpart UU of this part, except § 63.1030, for all other applicable equipment; or b. Comply with the requirements in subpart H of this part, except § 63.165, as provided by the regulatory overlap provisions in § 63.1100(g)(4)(ii). 8. An acrylic and modacrylic fiber production process unit that generates process wastewater The process wastewater stream is a Group 1 or Group 2 wastewater stream Comply with the requirements of § 63.1106(a). 9. An acrylic and modacrylic fiber production process unit that generates maintenance wastewater The maintenance wastewater contains organic HAP Comply with the requirements of § 63.1106(b). 10. An item of equipment listed in § 63.1106(c)(1) The item of equipment meets the criteria specified in § 63.1106(c)(1) through (3) and either (c)(4)(i) or (ii) Comply with the requirements in Table 35 of subpart G of this part. 11. Pressure relief devices The pressure relief device is in organic HAP service Comply with § 63.1107(e). a b c (ii) The owner or operator must control organic HAP emissions from the acrylic and modacrylic fibers production facility by meeting the applicable requirements specified in table 3 of this section. The owner or operator must determine the facility organic HAP emission rate using the procedures specified in paragraph (b)(5) of this section. Applicability assessment procedures and methods are specified in §§ 63.1104 through 63.1107. An owner or operator of an affected source does not have to perform tests, TRE calculations or other applicability assessment procedures if they opt to comply with the most stringent requirements for an applicable emission point pursuant to this subpart. General compliance, recordkeeping, and reporting requirements are specified in §§ 63.1108 through 63.1112. Procedures for approval of alternative means of emission limitations are specified in § 63.1113. Table 3 to § 63.1103 (b)(3)(ii) (b)(3)(ii) If you own or operate . . . Then you must control total organic HAP emissions from the affected source by . . . 1. An acrylic and modacrylic fibers production affected source and your facility is an existing source Meeting all of following requirements: b. Determine the facility organic HAP emission rate in accordance with the requirements specified in paragraph (b)(5) of this section. 2. An acrylic and modacrylic fibers production affected source and your facility is a new source Meeting all of following requirements: b. Determine the facility organic HAP emission rate in accordance with the requirements specified in paragraph (b)(5) of this section. 3. Equipment as defined under § 63.1101 and it contains or contacts >10 weight-percent organic HAP, a a. Comply with either § 63.1008 or § 63.1027 for connectors in gas and vapor service and in light liquid service, and comply with subpart UU of this part, except § 63.1030, for all other applicable equipment; or 4. A pressure relief device in organic HAP service Complying with § 63.1107(e). (4) Fiber spinning line enclosure requirements. (i) The enclosure must cover the spinning and washing areas of the spinning line. (ii) The enclosure must be designed and operated in accordance with the criteria for a permanent total enclosure as specified in “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” in 40 CFR 52.741, appendix B. (iii) The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or to direct airflow into the enclosure. (iv) The owner or operator must perform the verification procedure for the enclosure as specified in section 5.0 to “Procedure T—Criteria for and Verification of a Permanent or Temporary Total Enclosure” initially when the enclosure is first installed and, thereafter, annually. (5) Facility organic HAP emission rate determination. (i) The owner or operator must prepare an initial determination of the facility organic HAP emission rate. (ii) Whenever changes to the acrylic or modacrylic fiber production operations at the facility could potentially cause the facility organic HAP emission rate to exceed the applicable limit of kilogram of organic HAP per Megagram of fiber produced, the owner or operator must prepare a new determination of the facility organic HAP emission rate. (iii) For each determination, the owner or operator must prepare and maintain at the facility site sufficient process data, emissions data, and any other documentation necessary to support the facility organic HAP emission rate calculation. (c) Hydrogen fluoride production applicability, definitions, and requirements Applicability Affected source (A) All storage vessels used to accumulate or store hydrogen fluoride. (B) All process vents from continuous unit operations associated with hydrogen fluoride recovery and refining operations. These process vents include vents on condensers, distillation units, and water scrubbers. (C) All transfer racks used to load hydrogen fluoride into tank trucks or railcars. (D) Equipment in hydrogen fluoride service (as defined in paragraph (c)(2) of this section). (2) Definitions. Connector Equipment Hydrogen fluoride production In hydrogen fluoride service In vacuum service Instrumentation system Kiln seal Leakless pump Open-ended valve or line Pressure release Pressure relief device or valve Relief device or valve Repaired Sampling connection system Sensory monitoring Shift (3) Requirements. Table 4 to § 63.1103( c If you own or operate . . . And if . . . Then you must . . . 1. A storage vessel The stored material is hydrogen fluoride Reduce emissions of hydrogen fluoride by venting displacement emissions created by normal filling or emptying activities through a closed-vent system to a recovery system or wet scrubber that is designed and operated to achieve a 99 weight-percent removal efficiency. The minimum liquid flow rate to the scrubber that achieves a 99 weight-percent removal efficiency shall be established, and may be done so by design analysis. The liquid flow rate to the scrubber shall be continuously monitored and records maintained according to §§ 63.996 and 63.998(b), (c), and (d)(3) of 40 CFR subpart SS of this part. The Periodic Report specified in § 63.1110(a)(5) of this subpart shall include the information specified in § 63.999(c) of 40 CFR subpart SS of this part, as applicable. 2. A process vent from continuous unit operations The vent stream is from hydrogen fluoride recovery and refining vessels Reduce emissions of hydrogen fluoride from the process vent by venting emissions through a closed-vent system to a wet scrubber that is designed and operated to achieve a 99 weight-percent removal efficiency. Monitoring, recordkeeping, and reporting of wet scrubber operation shall be in accordance with the requirements stated above for a wet scrubber controlling hydrogen fluoride emissions from a storage vessel. 3. A transfer rack The transfer rack is associated with bulk hydrogen fluoride liquid loading into tank trucks and rail cars Reduce emissions of hydrogen fluoride by venting emissions through a closed-vent system to a recovery system or wet scrubber that is designed and operated to achieve a 99 weight-percent removal efficiency. Monitoring, recordkeeping, and reporting of wet scrubber operation shall be in accordance with the requirements stated above for a wet scrubber controlling HF emissions from a storage vessel. You also must load hydrogen fluoride into only tank trucks and railcars that have a current certification in accordance with the U.S. DOT pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or have been demonstrated to be vapor-tight (i.e. will sustain a pressure change of not more than 750 Pascals within 5 minutes after it is pressurized to a minimum or 4,500 Pascals) within the preceding 12 months. 4. Equipment It is in hydrogen fluoride service and operates ≥300 hours per year and is not in vacuum service Control hydrogen fluoride emissions by using leakless pumps and by implementing a sensory monitoring leak detection program. Equipment that is excluded from sensory monitoring because it operates less than 300 hours per year or is in vacuum service shall be identified by list, location, or other method and the identity shall be recorded. An owner or operator is required to perform sensory monitoring at least once every shift, but no later than within 15 days. When a leak is detected, repair must begin within one hour and be completed as soon as practical. A record shall be kept of each leak detected and repaired including: equipment identification number, date and time the leak was detected and that repair was initiated, and the date of successful repair. (d) Polycarbonate production applicability, definitions, and requirements Applicability Affected source. (A) All storage vessels that store liquids containing organic HAP. (B) All process vents from continuous and batch unit operations. (C) All wastewater streams. (D) Equipment (as defined in § 63.1101 of this subpart) that contains or contacts organic HAP. (ii) Compliance schedule. (2) Definitions. In organic hazardous air pollutant or in organic HAP service Polycarbonate production Seal (3) Requirements. Table 5 to § 63.1103( d If you own or operate... And if... Then you must... 1. A storage vessel with: 75 cubic meters ≤capacity <151 cubic meters 27.6 kilopascals ≤maximum true vapor pressure of total organic HAP <76.6 kilopascals Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS (national emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or comply with the requirements of subpart WW (national emission standards for storage vessels (control level 2)) of this part. 2. A storage vessel with: 151 cubic meters ≤capacity The maximum true vapor pressure of total organic HAP ≥5.2 kilopascals Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel requirements) of this part 3. A storage vessel with: 75 cubic meters ≤capacity <151 cubic meters The maximum true vapor pressure of total organic HAP ≥76.6 kilopascals Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel requirements) of this part. 4. A process vent from continuous unit operations or a combined vent stream a The vent stream has a TRE b c a. Reduce emissions of total organic HAP by 98 weight-percent, or reduce total organic HAP to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS of this part, as specified in § 63.982(c)(2) and (e); and then vent emissions from those control device(s) through a closed vent system to a halogen reduction device meeting the requirements of subpart SS, § 63.994, that reduces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilograms per hour, d b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilograms per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS of this part, § 63.994; and then vent emissions from those control device(s) through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(c)(2) and (e), that reduces emissions of total organic HAP by 98 weight-percent, or reduce total organic HAP or TOC to a concentration of 20 parts per million by volume, whichever is less stringent; or c. Achieve and maintain a TRE index value greater than 2.7. 5. A process vent from continuous unit operations or a combined vent stream a The vent stream has a TRE b c a. Reduce emissions of total organic HAP by 98 weight-percent; or reduce total organic HAP to a concentration of 20 parts per million by volume; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS of this part, as specified in § 63.982(a)(2) (process vent requirements); or b. Achieve and maintain a TRE index value greater than 2.7. 6. A process vent from continuous unit operations or a combined vent stream a 2.7 < TRE b c Monitor and keep records of equipment operating parameters specified to be monitored under subpart SS of this part, §§ 63.982(e) and 63.993(c) (absorbers, condensers, carbon adsorbers and other recovery devices used as final recovery devices). 7. Equipment as defined under § 63.1101 (with the differences for pressure relief devices described in item 11 below) The equipment contains or contacts ≥5 weight-percent total organic HAP, e a. Comply with either § 63.1008 or § 63.1027 for connectors in gas and vapor service and in light liquid service, and comply with the requirements of subpart UU of this part, except § 63.1030, for all other applicable equipment; or b. Comply with the requirements in subpart H of this part, except § 63.165, as provided by the regulatory overlap provisions in § 63.1100(g)(4)(ii). 8. A polycarbonate production process unit that generates process wastewater The process wastewater stream is a Group 1 or a Group 2 wastewater stream Comply with the requirements of § 63.1106(a). 9. A polycarbonate production process unit that generates maintenance wastewater The maintenance wastewater contains organic HAP Comply with the requirements of § 63.1106(b). 10. An item of equipment listed in § 63.1106(c)(1) The item of equipment meets the criteria specified in § 63.1106(c)(1) through (3) and either (c)(4)(i) or (ii) Comply with the requirements in Table 35 of subpart G of this part. 11. Pressure relief devices The pressure relief device is in organic HAP service Comply with § 63.1107(e). a b c d e Table 6 to § 63.1103( d If you own or operate. . . And if. . . Then you must. . . 1. A storage vessel with: 38 cubic meters ≤capacity <151 cubic meters 13.1 kilopascals ≤maximum true vapor pressure of total organic HAP <76.6 kilopascals a. Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS (national emission standards for closed vent systems, control devices, recovery devices, and routing to a fuel gas system or a process), as specified in § 63.982(a)(1) (storage vessel requirements) of this part; or 2. A storage vessel with: 151 cubic meters ≤capacity The maximum true vapor pressure of total organic HAP is ≥5.2 kilopascals Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel requirements) of this part. 3. A storage vessel with: 38 cubic meters ≤capacity <151 cubic meters The maximum true vapor pressure of total organic HAP is ≥76.6 kilopascals Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(a)(1) (storage vessel requirements) of this part. 4. A process vent from continuous unit operations or a combined vent stream a The vent stream has a TRE b c a. Reduce emissions of total organic HAP by 98 weight-percent, or reduce total organic HAP to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS of this part, as specified in § 63.982(c)(2) and (e); and then vent emissions from those control device(s) through a closed vent system to a halogen reduction device meeting the requirements of subpart SS, § 63.994, that reduces hydrogen halides and halogens by 99 weight-percent or to less than 0.45 kilograms per hour, d b. Reduce the process vent halogen atom mass emission rate to less than 0.45 kilograms per hour by venting emissions through a closed vent system to a halogen reduction device meeting the requirements of subpart SS of this part, § 63.994; and then vent emissions from those control device(s) through a closed vent system to any combination of control devices meeting the requirements of subpart SS, as specified in § 63.982(c)(2) and (e), that reduces emissions of total organic HAP by 98 weight-percent, or reduce total organic HAP or TOC to a concentration of 20 parts per million by volume, whichever is less stringent; or c. Achieve and maintain a TRE index value greater than 9.6. 5. A process vent from continuous unit operations or a combined vent stream a The vent stream has a TRE b c a. Reduce emissions of total organic HAP by 98 weight-percent; or reduce total organic HAP to a concentration of 20 parts per million by volume; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of subpart SS of this part, as specified in § 63.982(a)(2) (process vent requirements); or 6. Equipment as defined under § 63.1101 (with the differences for pressure relief devices described in item 6 below) The equipment contains or contacts ≥5 weight-percent total organic HAP e a. Comply with either § 63.1008 or § 63.1027 for connectors in gas and vapor service and in light liquid service, and comply with the requirements of subpart UU of this part, except § 63.1030, for all other applicable equipment; or b. Comply with the requirements in subpart H of this part, except § 63.165, as provided by the regulatory overlap provisions in § 63.1100(g)(4)(ii). 7. Pressure relief devices The pressure relief device is in organic HAP service Comply with § 63.1107(e). a b c d e (e) Ethylene production applicability, definitions, and requirements Applicability Affected source. (A) All storage vessels (as defined in § 63.1101) that store liquids containing organic HAP. (B) All ethylene process vents (as defined in paragraph (e)(2) of this section) from continuous unit operations. (C) All transfer racks (as defined in paragraph (e)(2) of this section) that load HAP-containing material. (D) Equipment (as defined in § 63.1101) that contains or contacts organic HAP. (E) All waste streams (as defined in paragraph (e)(2) of this section) associated with an ethylene production unit. (F) All heat exchange systems (as defined in § 63.1082(b)) associated with an ethylene production unit. (G) All ethylene cracking furnaces and associated decoking operations. (ii) Exceptions. (A) Equipment that is located within an ethylene production unit that is subject to this subpart but does not contain organic HAP. (B) Stormwater from segregated sewers. (C) Water from fire-fighting and deluge systems in segregated sewers. (D) Spills. (E) Water from safety showers. (F) Water from testing of fire-fighting and deluge systems. (G) Vessels storing organic liquids that contain organic HAP as impurities. (H) Transfer racks, loading arms, or loading hoses that only transfer liquids containing organic HAP as impurities. (I) Transfer racks, loading arms, or loading hoses that vapor balance during all transfer operations. (J) Air emissions from all ethylene cracking furnaces. (K) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere. (L) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships. (iii) Exclusions. (iv) Compliance schedule. (2) Definitions. Decoking operation Ethylene process vent (A) Pressure relief device discharges; (B) Gaseous streams routed to a fuel gas system, including any flares using fuel gas, of which less than 50 percent of the fuel gas is derived from an ethylene production unit; (C) Gaseous streams routed to a fuel gas system whereby any flares using fuel gas, of which 50 percent or more of the fuel gas is derived from an ethylene production unit, comply with § 63.1103(e)(4) beginning no later than the compliance dates specified in § 63.1102(c); (D) Leaks from equipment regulated under this subpart; (E) Episodic or nonroutine releases such as those associated with startup, shutdown, and malfunction until July 6, 2023; (F) In situ sampling systems (online analyzers) until July 6, 2023; and (G) Coke combustion emissions from decoking operations beginning no later than the compliance dates specified in § 63.1102(c). Ethylene production or production unit 4 4 Force majeure event e.g., Organic HAP Periodically discharged Pressure-assisted multi-point flare i.e., Pressure relief device Radiant tube(s) Relief valve Transfer rack Waste Waste stream (3) Requirements. (4) Flares. (i) The owner or operator may elect to comply with the alternative means of emissions limitation requirements specified in of § 63.670(r) of subpart CC in lieu of the requirements in § 63.670(d) through (f) of subpart CC, as applicable. However, instead of complying with § 63.670(r)(3) of subpart CC, the owner or operator must submit the alternative means of emissions limitation request following the requirements in § 63.1113. (ii) Instead of complying with § 63.670(o)(2)(i) of subpart CC, the owner or operator must develop and implement the flare management plan no later than the compliance dates specified in § 63.1102(c). (iii) Instead of complying with § 63.670(o)(2)(iii) of subpart CC, if required to develop a flare management plan and submit it to the Administrator, then the owner or operator must also submit all versions of the plan in portable document format (PDF) to the EPA following the procedure specified in § 63.9(k), except any medium submitted through U.S. mail must be sent to the attention of the Ethylene Production Sector Lead. (iv) Section 63.670(o)(3)(ii) of subpart CC and all references to § 63.670(o)(3)(ii) of subpart CC do not apply. Instead, the owner or operator must comply with the maximum flare tip velocity operating limit at all times. (v) Substitute “ethylene production unit” for each occurrence of “petroleum refinery.” (vi) Each occurrence of “refinery” does not apply. (vii) Except as specified in paragraph (e)(4)(vii)(G) of this section, if a pressure-assisted multi-point flare is used as a control device for an emission point subject to the requirements in Table 7 to this section, then the owner or operator must comply with the requirements specified in paragraphs (e)(4)(vii)(A) through (F) of this section. (A) The owner or operator is not required to comply with the flare tip velocity requirements in § 63.670(d) and (k) of subpart CC; (B) The owner or operator must comply with the NHVcz requirements in § 63.670(e)(2) of subpart CC; (C) The owner or operator must determine the 15-minute block average NHVvg using only the direct calculation method specified in § 63.670(l)(5)(ii) of subpart CC; (D) Instead of complying with § 63.670(b) and (g) of subpart CC, if a pressure-assisted multi-point flare uses cross-lighting on a stage of burners rather than having an individual pilot flame on each burner, the owner or operator must operate each stage of the pressure-assisted multi-point flare with a flame present at all times when regulated material is routed to that stage of burners. Each stage of burners that cross-lights in the pressure-assisted multi-point flare must have at least two pilots with at least one continuously lit and capable of igniting all regulated material that is routed to that stage of burners. Each 15-minute block during which there is at least one minute where no pilot flame is present on a stage of burners when regulated material is routed to that stage is a deviation of the standard. Deviations in different 15-minute blocks from the same event are considered separate deviations. The pilot flame(s) on each stage of burners that use cross-lighting must be continuously monitored by a thermocouple or any other equivalent device used to detect the presence of a flame; (E) Unless the owner or operator of a pressure-assisted multi-point flare chooses to conduct a cross-light performance demonstration as specified in this paragraph, the owner or operator must ensure that if a stage of burners on the flare uses cross-lighting, that the distance between any two burners in series on that stage is no more than 6 feet when measured from the center of one burner to the next burner. A distance greater than 6 feet between any two burners in series may be used provided the owner or operator conducts a performance demonstration that confirms the pressure-assisted multi-point flare will cross-light a minimum of three burners and the spacing between the burners and location of the pilot flame must be representative of the projected installation. The compliance demonstration must be approved by the permitting authority and a copy of this approval must be maintained onsite. The compliance demonstration report must include: A protocol describing the test methodology used, associated test method QA/QC parameters, the waste gas composition and NHVcz of the gas tested, the velocity of the waste gas tested, the pressure-assisted multi-point flare burner tip pressure, the time, length, and duration of the test, records of whether a successful cross-light was observed over all of the burners and the length of time it took for the burners to cross-light, records of maintaining a stable flame after a successful cross-light and the duration for which this was observed, records of any smoking events during the cross-light, waste gas temperature, meteorological conditions ( e.g., (F) The owner or operator of a pressure-assisted multi-point flare must install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system for each staging valve to ensure that the flare operates within the proper range of conditions as specified by the manufacturer. The pressure monitor must meet the requirements in Table 13 to subpart CC of this part. (G) If a pressure-assisted multi-point flare is operating under the requirements of an approved alternative means of emission limitations, the owner or operator shall either continue to comply with the terms of the alternative means of emission limitations or comply with the provisions in paragraphs (e)(4)(vii)(A) through (F) of this section. (viii) If an owner or operator chooses to determine compositional analysis for net heating value with a continuous process mass spectrometer, the owner or operator must comply with the requirements specified in paragraphs (e)(4)(viii)(A) through (G) of this section. (A) The owner or operator must meet the requirements in § 63.671(e)(2). The owner or operator may augment the minimum list of calibration gas components found in § 63.671(e)(2) with compounds found during a pre-survey or known to be in the gas through process knowledge. (B) Calibration gas cylinders must be certified to an accuracy of 2 percent and traceable to National Institute of Standards and Technology (NIST) standards. (C) For unknown gas components that have similar analytical mass fragments to calibration compounds, the owner or operator may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, the owner or operator may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's NHV vg (D) The owner or operator may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane. (E) The owner or operator must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds. (F) The owner or operator must meet applicable requirements in Performance Specification 9 of 40 CFR part 60, appendix B, for continuous monitoring system acceptance including, but not limited to, performing an initial multi-point calibration check at three concentrations following the procedure in Section 10.1 and performing the periodic calibration requirements listed for gas chromatographs in Table 13 to subpart CC of this part, for the process mass spectrometer. The owner or operator may use the alternative sampling line temperature allowed under Net Heating Value by Gas Chromatograph in Table 13 to subpart CC of this part. (G) The average instrument calibration error (CE) for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using the following equation: Where: C m C a (ix) An owner or operator using a gas chromatograph or mass spectrometer for compositional analysis for net heating value may choose to use the CE of NHV measured Where: NHV measured NHV a (x) Instead of complying with § 63.670(p) of subpart CC, the owner or operator must keep the flare monitoring records specified in § 63.1109(e). (xi) Instead of complying with § 63.670(q) of subpart CC, the owner or operator must comply with the reporting requirements specified in § 63.1110(d) and (e)(4). (xii) When determining compliance with the pilot flame requirements specified in § 63.670(b) and (g), substitute “pilot flame or flare flame” for each occurrence of “pilot flame.” (xiii) When determining compliance with the flare tip velocity and combustion zone operating limits specified in § 63.670(d) and (e), the requirement effectively applies starting with the 15-minute block that includes a full 15 minutes of the flaring event. The owner or operator is required to demonstrate compliance with the velocity and NHVcz requirements starting with the block that contains the fifteenth minute of a flaring event. The owner or operator is not required to demonstrate compliance for the previous 15-minute block in which the event started and contained only a fraction of flow. (xiv) In lieu of meeting the requirements in §§ 63.670 and 63.671 of subpart CC, an owner or operator may submit a request to the Administrator for approval of an alternative test method in accordance with § 63.7(f). The alternative test method must be able to demonstrate on an ongoing basis at least once every 15-minutes that the flare meets 96.5% combustion efficiency and provide a description of the alternative recordkeeping and reporting that would be associated with the alternative test method. The alternative test method request may also include a request to use the alternative test method in lieu of the pilot or flare flame monitoring requirements of 63.670(g). (5) Maintenance vents. (i) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements specified in paragraph (e)(4) of this section, or a non-flare control device meeting the requirements specified in § 63.982(c)(2) of subpart SS, until one of the following conditions, as applicable, is met. (A) The concentration of the vapor in the equipment served by the maintenance vent is less than 10 percent of its lower explosive limit (LEL). (B) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (C) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC). (D) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (e)(5)(i)(A) through (C) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (ii) Except for maintenance vents complying with the alternative in paragraph (e)(5)(i)(C) of this section, the owner or operator must determine the concentration of the vapor or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (iii) For maintenance vents complying with the alternative in paragraph (e)(5)(i)(C) of this section, the owner or operator must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. (6) Bypass lines. e (i) Except for pressure relief devices subject to 40 CFR 63.1107(h)(4), equipment such as low leg drains and equipment subject to the requirements specified in paragraph (f) of Table 7 to § 63.1103(e) are not subject to this paragraph (e)(6) of this section. (ii) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in § 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as § 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (e)(6) of this section. (7) Decoking operation standards for ethylene cracking furnaces. (i) During normal operations, conduct daily inspections of the firebox burners and repair all burners that are impinging on the radiant tube(s) as soon as practical, but not later than 1 calendar day after the flame impingement is found. The owner or operator may delay burner repair beyond 1 calendar day provided the repair cannot be completed during normal operations, the burner cannot be shutdown without significantly impacting the furnace heat distribution and firing rate, and action is taken to reduce flame impingement as much as possible during continued operation. If a delay of repair is required to fully resolve burner flame impingement, repair must be completed following the next planned decoking operation (and before returning the ethylene cracking furnace back to normal operations) or during the next ethylene cracking furnace complete shutdown (when the ethylene cracking furnace firebox is taken completely offline), whichever is earlier. An inspection may include, but is not limited to: visual inspection of the radiant tube(s) for localized bright spots (this may be confirmed with a temperature gun), use of luminescent powders injected into the burner to illuminate the flame pattern, or identifying continued localized coke buildup that causes short runtimes between decoking cycles. A repair may include, but is not limited to: Taking the burner out of service, replacing the burner, adjusting the alignment of the burner, adjusting burner configuration, making burner air corrections, repairing a malfunction of the fuel liquid removal equipment, or adding insulation around the radiant tube(s). (ii) During decoking operations, beginning before the expected end of the air-in decoke time, continuously monitor (or use a gas detection tube or equivalent sample technique every three hours to monitor) the CO 2 2 (iii) During decoking operations, continuously monitor the temperature at the radiant tube(s) outlet when air is being introduced to ensure the coke combustion occurring inside the radiant tube(s) is not so aggressive ( i.e., (iv) After decoking, but before returning the ethylene cracking furnace back to normal operations, verify that decoke air is no longer being added. (v) After decoking, but before returning the ethylene cracking furnace back to normal operations and/or during normal operations, inject materials into the steam or feed to reduce coke formation inside the radiant tube(s) during normal operation. (8) Ethylene cracking furnace isolation valve inspections. (i) Prior to decoking operation, inspect the applicable ethylene cracking furnace isolation valve(s) to confirm that the radiant tube(s) being decoked is completely isolated from the ethylene production process so that no emissions generated from decoking operations are sent to the ethylene production process. If poor isolation is identified, then the owner or operator must rectify the isolation issue prior to continuing decoking operations to prevent leaks into the ethylene production process, unless the owner or operator determines that damage to the radiant tube(s) or ethylene cracking furnace could occur if the repair was attempted prior to completing a decoking operation and/or prior to the ethylene cracking furnace being shut down. (ii) Prior to returning the ethylene cracking furnace to normal operations after a decoking operation, inspect the applicable ethylene cracking furnace isolation valve(s) to confirm that the radiant tube(s) that was decoked is completely isolated from the decoking pot or furnace firebox such that no emissions are sent from the radiant tube(s) to the decoking pot or furnace firebox once the ethylene cracking furnace returns to normal operation. If poor isolation is identified, then the owner or operator must rectify the isolation issue prior to continuing normal operations to prevent product from escaping to the atmosphere through the decoking pot or furnace firebox. (9) Startup, shutdown, and malfunction referenced provisions. (i) The second sentence of § 63.181(d)(5)(i) of subpart H. (ii) The second sentence of § 63.983(a)(5) of subpart SS. (iii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.984(a) of subpart SS. (iv) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.985(a) of subpart SS. (v) The phrase “other than start-ups, shutdowns, or malfunctions” in § 63.994(c)(1)(ii)(D) of subpart SS. (vi) Section 63.996(c)(2)(ii) of subpart SS. (vii) The last sentence of § 63.997(e)(1)(i) of subpart SS. (viii) Section 63.998(b)(2)(iii) of subpart SS. (ix) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(A) of subpart SS. (x) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(i)(B)(3) of subpart SS. (xi) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(C) of subpart SS. (xii) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(ii)(C) of subpart SS. (xiii) The phrase “except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” from § 63.998(b)(6)(i) of subpart SS. (xiv) The second sentence of § 63.998(b)(6)(ii) of subpart SS. (xv) Section 63.998(c)(1)(ii)(D) through (G) of subpart SS. (xvi) Section 63.998(d)(3) of subpart SS. (xvii) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1024(f)(4)(i) of subpart UU. (xviii) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1026(e)(1)(ii)(A) of subpart UU. (xix) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1028(e)(1)(i)(A) of subpart UU. (xx) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1031(b)(1) of subpart UU. (10) Storage vessel degassing. i.e., (i) Remove liquids from the storage vessel as much as practicable; (ii) Comply with one of the following: (A) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to a flare and meet the requirements of § 63.983 and paragraphs (e)(4) and (9) of this section. (B) Reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices and meet the requirements specified in § 63.982(c)(1) and paragraph (e)(9) of this section. (C) Reduce emissions of total organic HAP by 98 weight-percent by routing emissions to a fuel gas system or process and meet the requirements specified in § 63.982(d) and paragraph (e)(9) of this section. (iii) Maintain records necessary to demonstrate compliance with the requirements in § 63.1108(a)(4)(ii) including, if appropriate, records of existing standard site procedures used to empty and degas (deinventory) equipment for safety purposes. (iv) For floating roof storage vessels, the storage vessel may be opened to set up equipment (e.g., making connections to a temporary control device) for the shutdown operations but must not be actively degassed during this time period. Table 7 to § 63.1103( e If you own or operate . . . And if . . . Then you must . . . (a) A storage vessel (as defined in § 63.1101) that stores liquid containing organic HAP (1) The maximum true vapor pressure of total organic HAP is ≥3.4 kilopascals but <76.6 kilopascals; and the capacity of the vessel is ≥4 cubic meters but <95 cubic meters (i) Fill the vessel through a submerged pipe; or (b) A storage vessel (as defined in § 63.1101) that stores liquid containing organic HAP (1) The maximum true vapor pressure of total organic HAP is ≥3.4 kilopascals but <76.6 kilopascals; and the capacity of the vessel is ≥95 cubic meters (i) Except as specified in paragraph (b)(1)(iii) of this table, comply with the requirements of subpart WW of this part; or (a) (c) A storage vessel (as defined in § 63.1101) that stores liquid containing organic HAP (1) The maximum true vapor pressure of total organic HAP is ≥76.6 kilopascals (i) Except as specified in paragraph (c)(1)(ii) of this table, reduce emissions of total organic HAP by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices and meet the requirements of § 63.982(a)(1). (a) (d) An ethylene process vent (as defined in paragraph (e)(2) of this section) (1) The process vent is at an existing source and the vent stream has a flow rate ≥0.011 scmm and a total organic HAP concentration ≥50 parts per million by volume on a dry basis; or the process vent is at a new source and the vent stream has a flow rate ≥0.008 scmm and a total organic HAP concentration ≥30 parts per million by volume on a dry basis (i) Except as specified in paragraph (d)(1)(ii) of this table, reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3% oxygen; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices and meet the requirements specified in § 63.982(b) and (c)(2). (e) A transfer rack (as defined in paragraph (e)(2) of this section) (1) Materials loaded have a true vapor pressure of total organic HAP ≥3.4 kilopascals and ≥76 cubic meters per day (averaged over any consecutive 30-day period) of HAP-containing material is loaded (i) Reduce emissions of organic HAP by 98 weight-percent; or reduce organic HAP or TOC to a concentration of 20 parts per million by volume on a dry basis corrected to 3-percent oxygen; whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices as specified in § 63.1105 and meet the requirements specified in paragraph (e)(9) of this section.; or (ii) Install process piping designed to collect the HAP-containing vapors displaced from tank trucks or railcars during loading and to route it to a process, a fuel gas system, or a vapor balance system, as specified in § 63.1105 and meet the requirements specified in paragraph (e)(9) of this section. (a) (f) Equipment (as defined in § 63.1101) that contains or contacts organic HAP (1) The equipment contains or contacts ≥5 weight-percent organic HAP; and the equipment is not in vacuum service (i) Except as specified in paragraph (f)(1)(ii) of this table, comply with the requirements of subpart UU of this part. (a) (g) Processes that generate waste (as defined in paragraph (e)(2) of this section (1) The waste stream contains any of the following HAP: Benzene, cumene, ethyl benzene, hexane, naphthalene, styrene, toluene, o-xylene, m-xylene, p-xylene, or 1,3-butadiene Comply with the waste requirements of subpart XX of this part. For ethylene production unit waste stream requirements, terms have the meanings specified in subpart XX. (h) A heat exchange system (as defined in § 63.1082(b)) Comply with the heat exchange system requirements of subpart XX of this part. (i) A closed vent system that contains one or more bypass lines (1) The bypass line could divert a vent stream directly to the atmosphere or to a control device not meeting the requirements in this table Beginning no later than the compliance dates specified in § 63.1102(c), comply with the requirements specified in paragraphs (e)(6) and (9) of this section. (j) A decoking operation associated with an ethylene cracking furnace Beginning no later than the compliance dates specified in § 63.1102(c), comply with the requirements specified in paragraphs (e)(7) and (8) of this section. (a) (f) Carbon black production applicability, definitions, and requirements Applicability Affected source. (ii) Compliance schedule. (2) Definitions. Carbon black production Carbon black production unit Dryer Main unit filter Process filter Purge filter (3) Requirements. (ii) Pressure relief devices used to protect against overpressure in the case of catastrophic failure of your process filter system are exempt from the closed vent system inspection requirements of § 63.983(b) and (c). Exempt pressure relief devices must be designated and identified in your Notification of Compliance Status report. Table 8 to § 63.1103( f If you own or operate . . . And if . . . Then you must . . . (a) A carbon black production main unit filter process vent (1) The HAP concentration of the emission stream is equal to or greater than 260 parts per million by volume a (i) Reduce emissions of HAP by using a flare meeting the requirements of subpart SS of this part; or (b) A carbon black production process vent not subject to line entry (a) of this table (1) The HAP concentration of the emission stream is equal to or greater than 260 parts per million by volume a Beginning no later than the compliance dates specified in § 63.1102(e): (c) A carbon black production process vent subject to (a) or (b) above (1) The process vent complies by routing emissions to a boiler/process heater for use as fuel gas (i) Beginning no later than the compliance dates specified in § 63.1102(e), conduct annual tune up requirements as specified in § 63.1103(f)(3)(iii) of this subpart. a (iii) The boiler and process heater tune up requirements of paragraphs (f)(3)(iii)(A) through (F) of this section apply beginning no later than the compliance dates specified in § 63.1102(e) for carbon black production affected sources and as specified in Table 8 to § 63.1103(f), line entry (c). (A) Inspect the combustion device for damage, wear, and buildup of material that could impact effectiveness, and clean or replace any components of the burner as necessary. Units that produce electricity for sale may delay the combustion device inspection until the first outage after the annual inspection is required, not to exceed 36 months from the previous inspection. At units where entry into a piece of process equipment or into a storage vessel is required to complete the tune-up inspections, inspections are required only during planned entries into the storage vessel or process equipment; (B) When possible based upon the configuration of the burner, inspect the flame pattern and adjust the burner if needed to optimize the flame pattern. If manufacturer's specifications for an optimized flame pattern are available, the adjustment should be consistent with the manufacturer's specifications; (C) Inspect the system controlling the air-to-fuel ratio, and ensure that it is functioning properly. For any calibrated components ensure that it is correctly calibrated The annual inspection may be delayed until the next scheduled unit shutdown. Units that produce electricity for sale may delay the inspection until the first outage after the annual inspection is required, not to exceed 36 months from the previous inspection; (D) Optimize total emissions of CO. If manufacturer's specifications for optimization are available, this optimization should be consistent with the manufacturer's specifications and with any NO X (E) Measure the concentrations in the effluent stream of CO in parts per million, by volume, and oxygen in volume percent, before and after the adjustments are made. Measurements may be taken using a portable CO analyzer and may be either on a dry or wet basis, as long as it is the same basis before and after the adjustments are made. If adjustments are not or cannot be made, make the measurements before and after the inspection and cleaning procedures specified in paragraph (f)(3)(iii)(A); and (F) Maintain on-site and submit, if requested by the Administrator, a report containing the information in paragraphs (f)(3)(iii)(F)( 1 3 ( 1 ( 2 ( 3 (iv) When determining the applicability of the carbon black production process vent requirements specified in line entry (b) to Table 8 to § 63.1103(f), an owner or operator is required to determine the HAP concentration of the process vent streams, at a minimum, as specified in paragraphs (f)(3)(iv)(A) through (D) of this section. (A) As an alternative to testing all carbon black production process carbon black or product vent streams after the main unit filter to determine applicability, an owner or operator has the option of testing the first carbon black production process or product vent stream after the main unit filter. If the concentration of the emission stream is less than 260 parts per million by volume as determined by the process vent applicability determination requirements specified in § 63.1103(f)(3)(iv), then all process vents after the main unit filter and before the dryer are deemed to be in compliance and are not subject to the emission limits in Table 8 below. (B) As an alternative to testing all carbon black production process carbon black or product vent streams after the dryer to determine applicability, an owner or operator has the option of testing the first carbon black production process carbon black or product vent stream after the dryer. If the concentration of the emission stream is less than 260 parts per million by volume as determined by the process vent applicability determination requirements specified in § 63.1103(f)(3)(iv), then all process vents after the dryer are deemed to be in compliance and are not subject to the emission limits in Table 8 below. (C) Report the results of the applicability assessment according to paragraph § 63.1110(a)(10)(i). (D) A test meeting the requirements of § 63.1104(e) conducted after November 18, 2016 and where no process changes have occurred since the test that may affect emissions, may be submitted according to § 63.1110(a)(10)(i)(A) through (C) in lieu of performing a new applicability determination. (v) When determining the applicability of the carbon black production main unit filter process vent requirements specified in line entry (a) to Table 8 to § 63.1103(f), an owner or operator is required to determine the HAP concentration of the main unit filter process vent streams. Beginning November 19, 2021, report the results of any applicability assessment conducted after November 19, 2021, the applicability assessment according to paragraph § 63.1110(a)(10)(i). (4) Beginning no later than the compliance dates specified in § 63.1102(e), the referenced provisions specified in paragraphs (f)(4)(i) through (xiii) of this section do not apply when demonstrating compliance with paragraph (f)(3) of this section. (i) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.984(a) of subpart SS(equipment and operating requirements for fuel gas systems and processes requirements). (ii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.985(a) of subpart SS (nonflare control device equipment and operating requirements). (iii) The phrase “other than start-ups, shutdowns, or malfunctions” in § 63.994(c)(1)(ii)(D) of subpart SS (halogen scrubber and other halogen reduction device monitoring requirements). (iv) Section 63.996(c)(2)(ii) of subpart SS (operation and maintenance of continuous parameter monitoring systems) “(ii) If under the referencing subpart, an owner or operator has developed a start-up, shutdown, and malfunction plan, the plan is followed, and the CPMS is repaired immediately, this action shall be recorded as specified in § 63.998(c)(1)(ii)(E).” (v) The last sentence of § 63.997(e)(1)(i) (performance test procedures) of subpart SS (general procedures for continuous unit operations): “Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.” (vi) Section 63.998(b)(2)(iii) (excluded data) of subpart SS: “(iii) Startups, shutdowns, and malfunctions, if the owner or operator operates the source during such periods in accordance with § 63.1111(a) and maintains the records specified in paragraph (d)(3) of this section.” (vii) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(A) (alternative recordkeeping) of subpart SS. (viii) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(i)(B)(3) (alternate recordkeeping) of subpart SS. (ix) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(C) (alternate recordkeeping) of subpart SS. (x) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(ii)(C) (alternate recordkeeping) of subpart SS. (xi) The phrase “except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” from § 63.998(b)(6)(i) (alternative recordkeeping) of subpart SS. (xii) The second sentence of § 63.998(b)(6)(ii) (alternative recordkeeping) of subpart SS. “If a source has developed a startup, shutdown and malfunction plan, and a monitored parameter is outside its established range or monitoring data are not collected during periods of start-up, shutdown, or malfunction (and the source is operated during such periods in accordance with § 63.1111(a)) or during periods of nonoperation of the process unit or portion thereof (resulting in cessation of the emissions to which monitoring applies), then the excursion is not a violation and, in cases where continuous monitoring is required, the excursion does not count as the excused excursion for determining compliance.” (xiii) Section 63.998(c)(1)(ii)(D) through (G) (nonflare control and recovery device regulated source monitoring records) of subpart SS. (xiv) Section 63.998(d)(3) (regulated source and control equipment start-up, shutdown, and malfunction records) of subpart SS. (5) Beginning no later than the compliance dates specified in § 63.1102(e), the provisions specified in § 63.983(a)(1) of subpart SS that each closed vent system shall be designed and operated to collect the regulated material vapors from the emission point shall apply at all times, with the following exception: The closed vent system to the control device may be bypassed during startup or shutdown of a reactor when the excess oxygen concentration in the closed vent system is greater than or equal to 3 percent. Startup and shutdown of a reactor must be completed as expeditiously as possible, and in fewer than 15 minutes whenever possible. In no case shall the time period allowed be permitted to exceed 15 minutes. The bypass of the control device must use one of the methods specified in paragraphs (f)(5)(i) through (ii): (i) Calculated Purge Duration Method: (ii) Oxygen Sensors: (g) Cyanide chemicals manufacturing applicability, definitions, and requirements Applicability Affected source. (ii) Compliance schedule. (2) Definitions. Andrussow process unit Blausaure Methane Anlage (BMA) process unit Byproduct Cyanide chemicals manufacturing process unit CCMPU Cyanide chemicals product Dry-end process vent Free cyanide - Organic HAP Raw hydrogen cyanide Refined hydrogen cyanide Refining process Sodium cyanide process unit Sohio hydrogen cyanide process unit Wet-end process vent (3) Requirements. (4) Determination of overall HAP emission reduction for a process unit. Where: RED CCMPU E unc n = Number of process vents in the process unit that are controlled by using a combustion, recovery, or recapture device. R i E unc m = Number of process vents in the process unit that are not controlled by using a combustion, recovery, or recapture device. (ii) The control efficiency shall be assigned as specified in paragraph (g)(4)(ii) (A) or (B) of this section. (A) If the process vent is controlled using a flare in accordance with the provisions of § 63.987, or a combustion device in accordance with the provisions of § 63.988(b)(2), for which a performance test has not been conducted, the control efficiency shall be assumed to be 98 weight-percent. For hydrogen-fueled flares, an owner or operator may use a control efficiency greater than 98 weight-percent if they can provide engineering calculations and supporting information demonstrating a greater control efficiency. (B) If the process vent is controlled using a combustion, recovery, or recapture device for which a performance test has been conducted in accordance with the provisions of § 63.997, the control efficiency shall be the efficiency determined by the performance test. (5) Source category specific modifications to testing procedures. (ii) For process vent hydrogen cyanide emissions that are vented to a control device other than a flare during startup, shutdown, and malfunction, the design evaluation must include documentation that the control device being used achieves the required control efficiency during the reasonably expected maximum flow rate and emission rate during startup, shutdown, and malfunction. (iii) If a facility controls process vent emissions during startup, shutdown, and malfunction by using a flare, an owner or operator is not required to perform flow rate and heat content testing as specified in § 63.987(b)(3)(ii) and (iii). In lieu of performing flow rate and heat content testing, an owner or operator is required to submit engineering calculations that substantiate that a flare meets the applicable heat content or flow rates, or provide data from a compliance assessment that the flare is in compliance under worst case conditions (e.g., maximum operating conditions). (iv) If flare velocity and net heating value testing, as specified in § 63.11(b)(6)(ii) and (b)(7)(i), would create an unreasonable hazard for testing personnel, an owner or operator is allowed to submit engineering calculations that substantiate vent stream velocity and heat content of a flare in lieu of test data. These calculations are required to be submitted with the facilities' compliance test notification report for approval by the Administrator. (v) The data from any performance test method used to measure HCN concentrations must be validated using EPA Method 301 (40 CFR part 63, appendix A). (vi) For compliance with the wastewater free cyanide analysis provisions of table 9 to § 63.1103(g), free cyanide is to be measured according to ASTM D4282-15 or ASTM D7237-18 (both incorporated by reference, see § 63.14). (6) Startup, shutdown, and malfunction referenced provisions. (i) The second/last sentence of § 63.983(a)(5) (requirements for pressure relief devices in a transfer rack's closed vent system requirements) of subpart SS: “Pressure relief devices needed for safety purposes are not subject to this paragraph.” (ii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.984(a) of subpart SS (equipment and operating requirements for fuel gas systems and processes requirements). (iii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.985(a) of subpart SS (nonflare control device equipment and operating requirements). (iv) The phrase “other than start-ups, shutdowns, or malfunctions” in § 63.994(c)(1)(ii)(D) of subpart SS (halogen scrubber and other halogen reduction device monitoring requirements). (v) Section 63.996(c)(2)(ii) of subpart SS (operation and maintenance of continuous parameter monitoring systems) “(ii) If under the referencing subpart, an owner or operator has developed a start-up, shutdown, and malfunction plan, the plan is followed, and the CPMS is repaired immediately, this action shall be recorded as specified in § 63.998(c)(1)(ii)(E).” (vi) The last sentence of § 63.997(e)(1)(i) (performance test procedures) of subpart SS (general procedures for continuous unit operations): “Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.” (vii) Section 63.998(b)(2)(iii) (excluded data) of subpart SS: “(iii) Startups, shutdowns, and malfunctions, if the owner or operator operates the source during such periods in accordance with § 63.1111(a) and maintains the records specified in paragraph (d)(3) of this section.” (viii) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(A) (alternative recordkeeping) of subpart SS. (ix) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(i)(B)(3) (alternate recordkeeping) of subpart SS. (x) The phrase “other than periods of startups, shutdowns, and malfunctions” from § 63.998(b)(5)(i)(C) (alternate recordkeeping) of subpart SS. (xi) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(ii)(C) (alternate recordkeeping) of subpart SS. (xii) The phrase “except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” from § 63.998(b)(6)(i) (alternative recordkeeping) of subpart SS. (xiii) The second sentence of § 63.998(b)(6)(ii) (alternative recordkeeping) of subpart SS. “If a source has developed a startup, shutdown and malfunction plan, and a monitored parameter is outside its established range or monitoring data are not collected during periods of startup, shutdown, or malfunction (and the source is operated during such periods in accordance with § 63.1111(a)) or during periods of nonoperation of the process unit or portion thereof (resulting in cessation of the emissions to which monitoring applies), then the excursion is not a violation and, in cases where continuous monitoring is required, the excursion does not count as the excused excursion for determining compliance.” (xiv) Section 63.998(c)(1)(ii)(D) through (G) (nonflare control and recovery device regulated source monitoring records) of subpart SS. (xv) Section 63.998(d)(3) (regulated source and control equipment start-up, shutdown and malfunction records) of subpart SS. (xvi) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1005(e)(4)(i) (leak repair records written procedures) of subpart TT. (xvii) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1007(e)(1)(ii)(A) (dual mechanical seal system special provisions for pumps) of subpart TT. (xviii) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1009(e)(1)(i)(A) (dual mechanical seal system special provisions for agitators) of subpart TT. (xix) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1012(b)(1) (compressor seal system standard) of subpart TT. (xx) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1024(f)(4)(i) (leak repair records written procedures) of subpart UU. (xxi) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1026(e)(1)(ii)(A) (dual mechanical seal system special provisions for pumps) of subpart UU. (xxii) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1028(e)(1)(i)(A) (dual mechanical seal system special provisions for agitators of subpart UU. (xxiii) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1031(b)(1) (compressor seal system standard) of subpart UU. Table 9 to § 63.1103( g If you own or operate . . . And if . . . Then you must . . . (a) A storage vessel (1) The storage vessel contains refined hydrogen cyanide (i) Reduce emissions of hydrogen cyanide by using a flare meeting the requirements of § 63.982(b); or (b) A process vent from a continuous unit operations in an Andrussow, BMA, or Sohio hydrogen cyanide process unit (i) Reduce overall annual emissions of total HAP from the collection of process vents from continuous unit operations in the process by 98 weight-percent in accordance with paragraph (g)(4) of this section. Any control device used to reduce emissions from one or more process vents from continuous unit operations in the process unit must meet the applicable requirements specified in § 63.982(a)(2); or (ii) Reduce emissions of total HAP from each process vent from a continuous unit operation in the process unit by using a flare meeting the requirements specified in § 63.982(b); or (iii) Reduce emissions of total HAP from each process vent from a continuous unit operation in the process unit by 98 weight-percent or to a concentration of 20 parts per million by volume, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(c)(2) or (d). (c) One or more wet end process vents, as defined in paragraph (g)(2) of this section, in a sodium cyanide process unit (i) Reduce overall annual emissions of total HAP from the collection of process vents from continuous unit operations in the process unit by 98 weight-percent in accordance with paragraph (g)(4) of this section. Any control device used to reduce emissions from one or more process vents from continuous unit operations in the process unit must meet the applicable requirements of § 63.982(a)(2); or (ii) Reduce emissions of total HAP from each wet-end process vent in the process unit by using a flare meeting the requirements of § 63.982(b); or (iii) Reduce emissions of total HAP from each wet-end process vent by 98 weight-percent, or to a concentration of 20 parts per million by volume, by venting emissions through a closed vent system and any combination of control devices meeting the requirements of § 63.982(c)(2) or (d). (d) One or more dry end process vents, as defined in paragraph (g)(2) of this section, in a sodium cyanide process unit (i) Reduce overall annual emissions of sodium cyanide from the collection of process vents from continuous unit operations in the process unit by 98 weight-percent in accordance with paragraph (g)(4) of this section. Any control device used to reduce emissions from one or more process vents from continuous unit operations in the process unit must meet the applicable requirements of § 63.982(a)(2); or (ii) Reduce emissions of sodium cyanide from each dry-end process vent in the process unit by 98 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(c)(2) or (d). (e) A transfer rack (1) The transfer rack is used to load refined hydrogen cyanide into tank trucks and/or rail cars (i) Reduce emissions of hydrogen cyanide by using a flare meeting the requirements of § 63.982(b); or (f) A new cyanide chemicals manufacturing process unit that generates process wastewater (1) The process wastewater is from HCN purification, ammonia purification, or flare blowdown (i) Achieve a combined removal and control of HAP from wastewater of 93 weight-percent ; (g) An existing cyanide chemicals manufacturing process unit that generates process wastewater (1) The process wastewater stream is from HCN purification, ammonia purification, or flare blowdown; and (i) Beginning no later than the compliance dates specified in § 63.1102(d), comply with the requirements of § 63.138(a)(1). (h) A cyanide chemicals manufacturing process unit that generates maintenance wastewater (1) The maintenance wastewater contains hydrogen cyanide or acetonitrile (i) Comply with the requirements of § 63.1106(b). (i) An item of equipment listed in § 63.1106(c)(1) that transports or contains wastewater liquid streams from a cyanide chemicals manufacturing process unit (1) The item of equipment meets the criteria specified in § 63.1106(c)(1) through (3) and either (c)(4)(i) or (ii) (i) Comply with the requirements in Table 35 of subpart G of this part. (j) Equipment, as defined under § 63.1101 (1) The equipment contains or contacts hydrogen cyanide and operates equal to or greater than 300 hours per year (i) Comply with either subpart TT or UU of this part, and paragraph (g)(5) of this section, with the exception that open-ended lines that contain or contact hydrogen cyanide are exempt from any requirements to install a cap, plug, blind flange, or second valve to be capped. (h) Spandex production applicability, definitions, and requirements Applicability Affected source. (A) All process vents (as defined in § 63.1101). (B) All storage vessels (as defined in § 63.1101) that store liquids containing organic HAP. (C) All spandex fiber spinning lines using a spinning solution having organic HAP. (ii) Exceptions. (A) Equipment that is located within a spandex production process unit that is subject to this subpart but does not contain organic HAP. (B) Vessels storing organic liquids that contain organic HAP as impurities. (C) Emission points listed in paragraphs (h)(1)(i)(A) through (C) of this section that are associated with a dry spinning spandex production process unit. (iii) Compliance schedule. (2) Definitions. Dry spinning Fiber spinning line Reaction spinning Spandex or spandex fiber Spandex production Spandex production process unit (3) Requirements. Table 10 to § 63.1103( h If you own or operate . . . And if . . . Then you must . . . (a) A storage vessel (as defined in § 63.1101) that stores liquid containing organic HAP (1) The maximum true vapor pressure of the organic HAP is ≥3.4 kilopascals; and the capacity of the vessel is ≥47 cubic meters (i) Comply with the requirements of subpart WW of this part; or (b) A process vent Reduce emissions of organic HAP by 95 weight-percent, or reduce organic HAP or TOC to a concentration of 20 parts per million by volume, whichever is less stringent, by venting emissions through a closed vent system to any combination of control devices meeting the requirements of § 63.982(a)(2). (c) A fiber spinning line Operate the fiber spinning line such that emissions are captured and vented through a line closed vent system to a control device that complies with the requirements of § 63.982(a)(2). If a control device other than a flare is used, HAP emissions must be reduced by 95 weight-percent, or total organic HAP or TOC must be reduced to a concentration of 20 parts per million by volume, whichever is less stringent. [64 FR 34921, June 29, 1999, as amended at 64 FR 63699, 63706, Nov. 22, 1999; 64 FR 71852, Dec. 22, 1999; 66 FR 55847, Nov. 2, 2001; 67 FR 39305, June 7, 2002; 67 FR 46281, July 12, 2002; 67 FR 46293, July 12, 2002; 70 FR 19272, Apr. 13, 2005; 79 FR 60922, Oct. 8, 2014; 85 FR 40425, July 6, 2020; 86 FR 66123, Nov. 19, 2021; 89 FR 23864, Apr. 4, 2024] § 63.1104 Process vents from continuous unit operations: applicability assessment procedures and methods. (a) General. (b) Sampling sites. (1) Sampling site location if TRE determination is required. (2) Sampling site location if TRE determination is not required. (3) Sampling site selection method. (4) Sampling site when a halogen reduction device is used prior to a combustion device. (c) Applicability assessment requirements. (d) Exceptions. (1) Causing damage to equipment; (2) Necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or (3) Necessitating that the owner or operator make product in excess of demand. (e) TOC or Organic HAP concentration. (1) Method 18. (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (ii) The concentration of either TOC (minus methane and ethane) or regulated organic HAP emissions shall be calculated according to paragraph (e)(1)(ii)(A) or (B) of this section, as applicable. (A) The TOC concentration (C TOC Where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. (B) The regulated organic HAP or total organic HAP concentration (C HAP (2) Method 25A. (i) Method 25A of 40 CFR part 60, appendix A shall be used only if a single organic HAP compound comprises greater than 50 percent of total organic HAP or TOC, by volume, in the process vent. (ii) The process vent composition may be determined by either process knowledge, test data collected using an appropriate Environmental Protection Agency method or a method or data validated according to the protocol in Method 301 of appendix A of part 63. Examples of information that could constitute process knowledge include calculations based on material balances, process stoichiometry, or previous test results provided the results are still relevant to the current process vent conditions. (iii) The organic compound used as the calibration gas for Method 25A of 40 CFR part 60, appendix A shall be the single organic HAP compound present at greater than 50 percent of the total organic HAP or TOC by volume. (iv) The span value for Method 25A of 40 CFR part 60, appendix A shall be equal to the appropriate control applicability concentration value specified in the applicable table(s) presented in § 63.1103 of this subpart. (v) Use of Method 25A of 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (vi) The owner or operator shall demonstrate that the concentration of TOC including methane and ethane measured by Method 25A of 40 CFR part 60, appendix A is below one-half the appropriate control applicability concentration specified in the applicable table for a subject source category in § 63.1103 in order to qualify for a low organic HAP concentration exclusion. (f) Volumetric flow rate. S (1) Use Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, as appropriate. If the process vent tested passes through a final steam jet ejector and is not condensed, the stream volumetric flow shall be corrected to 2.3 percent moisture; or (2) The engineering assessment procedures in paragraph (k) of this section can be used for determining volumetric flow rates. (g) Heating value. (1) The net heating value of the process vent shall be calculated using Equation 2: Where: H T s K 1 −7 −1 D j H j (2) The molar composition of the process vent (D j (i) Method 18 of 40 CFR part 60, appendix A to measure the concentration of each organic compound. (ii) American Society for Testing and Materials D1946-90 to measure the concentration of carbon monoxide and hydrogen. (iii) Method 4 of 40 CFR part 60, appendix A to measure the moisture content of the stack gas. (h) TOC or Organic HAP emission rate. TOC HAP Where: E = Emission rate of TOC (minus methane and ethane) (E TOC HAP K 2 −6 −1 n = Number of components in the sample. C j j M j Q s (i) Halogenated process vent determination. (1) The process vent concentration of each organic compound containing halogen atoms (parts per million by volume, by compound) shall be determined based on one of the procedures specified in paragraphs (i)(1)(i) through (iv) of this section: (i) Process knowledge that no halogen or hydrogen halides are present in the process vent, or (ii) Applicable engineering assessment as discussed in paragraph (k) of this section, or (iii) Concentration of organic compounds containing halogens or hydrogen halides as measured by Method 26 or 26A of 40 CFR part 60, appendix A, or (iv) Any other method or data that have been validated according to the applicable procedures in method 301 of appendix A of this part. (2) Equation 4 shall be used to calculate the mass emission rate of halogen atoms: Where: E = Mass of halogen atoms, dry basis, kilogram per hour, K 2 −6 −1 Q = Flow rate of gas stream, dry standard cubic meters per minute, determined according to paragraph (f)(1) or (f)(2) of this section. n = Number of halogenated compounds j in the gas stream. j = Halogenated compound j in the gas stream. m = Number of different halogens i in each compound j of the gas stream. i = Halogen atom i in compound j of the gas stream. C j L ji M ji (j) TRE index value. (1) TRE index value equation. TRE = 1/E HAP S T TOC Where: TRE = TRE index value. A, B, C, D = Coefficients presented in table 1 of this section. E HAP Q S H T E TOC Table 1 of § 63.1104( j a Existing or new? Halogenated vent stream? Control device basis Values of coefficients A B C D Existing Yes Thermal Incinerator and Scrubber 3.995 5.200 × 10 −2 −1.769 × 10 −3 9.700 × 10 −4 No Flare 1.935 3.660 × 10 −1 −7.687 × 10 −3 −7.333 × 10 −4 Thermal Incinerator 0 Percent Recovery 1.492 6.267 × 10 −2 3.177 × 10 −2 −1.159 × 10 −3 Thermal Incinerator 70 Percent Recovery 2.519 1.183 × 10 −2 1.300 × 10 −2 4.790 × 10 −2 New Yes Thermal Incinerator and Scrubber 1.0895 1.417 × 10 −2 −4.822 × 10 −4 2.645 × 10 −4 No Flare 5.276 × 10 −1 9.98 × 10 −2 −2.096 × 10 −3 2.000 × 10 −4 Therman Incinerator 0 Percent Recovery 4.068 × 10 −1 1.71 × 10 −2 8.664 × 10 −3 −3.162 × 10 −4 Thermal Incinerator 70 Percent Recovery 6.868 × 10 −1 3.209 × 10 −3 3.546 × 10 −3 1.306 × 10 −2 a MJ/scm = Mega Joules per standard cubic meter. scm/min = Standard cubic meters per minute. (2) Nonhalogenated process vents. (3) Halogenated process vents. (k) Engineering assessment. (1) If the TRE index value calculated using such engineering assessment and the TRE index value equation in paragraph (j) of this section is greater than 4.0, then the owner or operator is not required to perform the measurements specified in paragraphs (e) through (i) of this section. (2) If the TRE index value calculated using such engineering assessment and the TRE index value equation in paragraph (j) of this section is less than or equal to 4.0, then the owner or operator is required either to perform the measurements specified in paragraphs (e) through (i) of this section for control applicability assessment or comply with the requirements (or standards) specified in the tables presented in § 63.1103 (as applicable). (3) Engineering assessment includes, but is not limited to, the examples specified in paragraphs (k)(3)(i) through (iv) of this section: (i) Previous test results, provided the tests are representative of current operating practices at the process unit. (ii) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (iii) Maximum flow rate, TOC emission rate, organic HAP emission rate, organic HAP or TOC concentration, or net heating value limit specified or implied within a permit limit applicable to the process vent. (iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to those specified in paragraphs (k)(3)(iv)(A) through (k)(3)(iv)(D) of this section: (A) Use of material balances based on process stoichiometry to estimate maximum TOC or organic HAP concentrations, (B) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities, (C) Estimation of TOC or organic HAP concentrations based on saturation conditions, and (D) Estimation of maximum expected net heating value based on the stream concentration of each organic compound or, alternatively, as if all TOC in the stream were the compound with the highest heating value. (4) All data, assumptions, and procedures used in the engineering assessment shall be documented. The owner or operator shall maintain the records specified in paragraphs (l)(1) through (4) of this section, as applicable. (l) Applicability assessment recordkeeping requirements TRE index value records. (2) Flow rate records. (3) Concentration records. (4) Process change records. (m) Applicability assessment reporting requirements Notification of Compliance Status. (2) Process change. (A) A description of the process change; (B) The results of the recalculation of the TOC or organic HAP concentration, flow rate, and/or TRE index value required under paragraphs (e), (f), and (j), and recorded under paragraph (l); and (C) A statement that the owner or operator will comply with the requirements specified in § 63.1103 by the schedules specified in that section for the affected source. (ii) If a performance test is required as a result of a process change, the owner or operator shall specify that the performance test has become necessary due to a process change. This specification shall be made in the performance test notification to the Administrator, as specified in § 63.999(a)(1). (iii) If a process change does not result in additional applicable requirements, then the owner or operator shall include a statement documenting this in the next Periodic Report required by § 63.1110(a)(5) after the process change was made. (n) Parameter monitoring of certain process vents. [64 FR 34921, June 29, 1999, as amended at 64 FR 63708, Nov. 22, 1999; 67 FR 39307, June 7, 2002; 67 FR 42688, July 12, 2002; 79 FR 60926, Oct. 8, 2014; 85 FR 40432, July 6, 2020; 86 FR 66126, Nov. 19, 2021] § 63.1105 Transfer racks. (a) Design requirements. (1) A closed vent system designed to collect HAP-containing vapors displaced from tank trucks or railcars during loading and to route the collected vapors to a flare. The owner or operator must meet the requirements of § 63.982(a)(3). (2) A closed vent system designed to collect HAP-containing vapors displaced from tank trucks or railcars during loading and to route the collected vapors to a control device other than a flare. The owner or operator must meet the requirements of § 63.982(a)(3). (3) Process piping designed to collect the HAP vapors displaced from tank trucks or railcars during loading and to route the collected vapors to a process where the HAP vapors shall predominantly meet one of, or a combination of, the ends specified in paragraphs (a)(3)(i) through (iv) of this section or to a fuel gas system. The owner or operator must meet the requirements of § 63.982(a)(3). (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not HAP; (iii) Incorporated into a product; and/or (iv) Recovered. (4) Process piping designed to collect the HAP vapors displaced from tank trucks or railcars during loading and to route the collected vapors to a vapor balance system. The vapor balance system must be designed to route the collected HAP vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected to a common header, or to compress and route collected HAP vapors to a process. (5) Beginning no later than the compliance dates specified in § 63.1102(c), if emissions are vented through a closed vent system to a flare at an ethylene production affected source, then the owner or operator must comply with the requirements specified in § 63.1103(e)(4) instead of the requirements in § 63.987 and the provisions regarding flare compliance assessments at § 63.997(a) through (c). (b) Operating requirements. (c) Control device operation. (d) Tank trucks and railcars. (1) Have a current certification in accordance with the U.S. Department of Transportation (DOT) pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or (2) Have been demonstrated to be vapor-tight within the preceding 12 months as determined by the procedures in paragraph (h) of this section. Vapor-tight means that the pressure in a truck or railcar tank will not drop more than 750 pascals within 5 minutes after it is pressurized to a minimum of 4,500 pascals. (e) Pressure relief device. (f) Compatible system. (g) Loading while systems connected. (h) Vapor tightness procedures. (1) The pressure test procedures specified in Method 27 of appendix A to 40 CFR part 60. (2) A pressure measurement device that has a precision of ±2.5 millimeters of mercury or better and that is capable of measuring above the pressure at which the tank truck or railcar is to be tested for vapor tightness. (i) Recordkeeping. [67 FR 46288, July 12, 2002, as amended at 85 FR 40432, July 6, 2020] § 63.1106 Wastewater provisions. (a) Process wastewater. (1) When terms used in §§ 63.132 through 63.148 are defined in § 63.1101, the definition in § 63.1101 shall apply, for the purposes of this subpart. For terms used in §§ 63.132 through 63.148 that are not defined in § 63.1101, the definitions in §§ 63.101 and 63.111 shall apply. (2) When the term chemical manufacturing production process unit, or CMPU, is used in §§ 63.132 through 63.148, the phrase “a process unit whose primary product is a product produced by a source category subject to this subpart” shall apply, for the purposes of this subpart. (3) Owners and operators of affected sources are not required to comply with § 63.132(b)(1) and (d) and § 63.138(c). Further, owners and operators are exempt from all requirements in §§ 63.132 through 63.148 that pertain solely and exclusively to organic HAP listed in Table 8 of subpart G of this part. (4) When the determination of equivalence criteria in § 63.102(b) is referred to in §§ 63.132, 63.133, and 63.137, the alternative nonopacity emission standard provisions in § 63.6(g) shall apply, for the purposes of this subpart. (5) When the HON storage vessel requirements for internal floating roofs contained in § 63.119(b) are referred to in § 63.133(a)(2)(ii), the requirements in § 63.1063(a)(1)(i), (2), and (b) shall apply, for the purposes of this subpart. (6) When the HON storage vessel requirements for external floating roofs in §§ 63.119(c) and 63.120(b)(5) and (6) are referred to in § 63.133(a)(2)(iii) and (d), the requirements in § 63.1063(a)(1)(ii), (2), and (b) shall apply, for the purposes of this subpart. (7) For the purposes of this subpart, § 63.1063(c)(2)(iv) shall apply instead of § 63.133(e). (8) When §§ 63.143(c), (d), (e)(3) and 63.146(a) require the submission of a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g), the owner or operator requesting to monitor alternative parameters shall follow the procedures specified in § 63.1108(c) or as specified in a referenced subpart. (9) When § 63.147(d) requires the owner or operator to keep records of the daily average value of each continuously monitored parameter for each operating day as specified in § 63.152(f), the owner or operator shall keep records of each continuously monitored parameter for each operating day as specified in § 63.998(b). (10) When § 63.132(a) and (b) refer to the “applicable dates specified in § 63.100 of subpart F of this part,” the applicable compliance dates specified in § 63.1102 shall apply, for purposes of this subpart. (11) Where § 63.152(b) and/or the Notification of Compliance Status is referred to in §§ 63.132 through 63.148, the Notification of Compliance Status requirements contained in § 63.1110(a)(4) shall apply, for purposes of this subpart. (12) Where § 63.152(c) and/or the Periodic Report requirements are referred to §§ 63.132 through 63.148, the Periodic Report requirements contained in § 63.1110(a)(5) shall apply, for purposes of this subpart. (13) When Method 18 of Appendix A to part 60 of this chapter is specified in § 63.139(c)(1)(ii), § 63.145(d)(4), or § 63.145(i)(2), either Method 18 or Method 25A may be used. The use of Method 25A of appendix A to part 60 of this chapter shall comply with paragraphs (a)(13)(i) and (a)(13)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A of appendix A of part 60 of this chapter shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A of appendix A of part 60 of this chapter is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (14) When the HON recordkeeping requirements for by-pass lines in § 63.118(a)(3) is referred to in § 63.148(f), the requirements in § 63.998(d)(1)(ii)(A) shall apply, for the purposes of this subpart. (15) When the Initial Notification requirements in § 63.182(b) are referred to in § 63.148(j), the requirements in § 63.1110(c) shall apply, for the purposes of this subpart. (16) For the purposes of this subpart, § 63.148(k) shall not apply. (b) Maintenance wastewater. (c) Liquid streams in open systems. (1) The item of equipment is one of the types of equipment identified in paragraphs (c)(1)(i) through (vii) of this section. (i) Drain or drain hub; (ii) Manhole (including sumps and other points of access to a conveyance system); (iii) Lift station; (iv) Trench; (v) Pipe; (vi) Oil/water separator; and (vii) Tanks with capacities of 38 m 3 (2) The item of equipment is part of an affected source that is subject to this subpart. (3) The item of equipment is controlled less stringently than in Table 35 of subpart G of this part, and the item of equipment is not otherwise exempt from the provisions of this subpart, or a referenced subpart. (4) The item of equipment: (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or oil/water separator that conveys water with a total annual average concentration greater than or equal to 10,000 parts per million by weight of Table 9 compounds (as defined under this subpart) at any flow rate; or a total annual average concentration greater than or equal to 1,000 parts per million by weight of Table 9 compounds (as defined under this subpart) at an annual average flow rate greater than or equal to 10 liters per minute. (ii) Is a tank that receives one or more streams that contain water with a total annual average concentration greater than or equal to 1,000 parts per million by weight of Table 9 compounds (as defined under this subpart) at an annual average flow rate greater than or equal to 10 liters per minute. The owner or operator shall determine the characteristics of the stream as specified in paragraphs (c)(4)(ii)(A) and (B) of this section. (A) The characteristics of the stream being received shall be determined at the inlet to the tank. (B) The characteristics shall be determined according to the procedures in § 63.144(b) and (c). (5) When terms used in Table 35 of subpart G of this part are defined in § 63.1101, the definition in § 63.1101 shall apply, for the purpose of this subpart. For terms used in Table 35 of subpart G of this part that are not defined in § 63.1101, the definitions in § 63.101 and § 63.111 shall apply. (6) When Table 35 of subpart G of this part refers to 40 CFR 63.119(e)(1) or (e)(2) in the requirements for tanks, the owner or operator shall reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of control devices meeting the requirements in § 63.982(a)(1), for the purposes of this subpart. (d) The compliance date for the affected sources subject to the provisions of this section is specified in § 63.1102. [64 FR 63701, Nov. 22, 1999, as amended at 79 FR 60926, Oct. 8, 2014] § 63.1107 Equipment leaks. (a) Each piece of equipment within a process unit that can reasonably be expected to contain equipment in organic HAP service is presumed to be in organic HAP service unless an owner or operator demonstrates that the piece of equipment is not in organic HAP service. For a piece of equipment to be considered not in organic HAP service, it must be determined that the percent organic HAP content can be reasonably expected not to exceed the percent by weight control applicability criteria specified in § 63.1103 for an affected source on an annual average basis. For purposes of determining the percent organic HAP content of the process fluid that is contained in or contacts equipment, Method 18 of 40 CFR part 60, appendix A shall be used. For purposes of determining the percent organic HAP content of the process fluid that is contained in or contacts equipment for the ethylene production affected sources, the following methods shall be used for equipment: For equipment in gas and vapor service, as that term is defined in Subpart UU of this part, shall use Method 18 of 40 CFR part 60, appendix A; for equipment in liquid service, as that term is defined in Subpart UU of this part, shall use a combination of Method 18 of 40 CFR part 60, appendix A, SW-846-8260B (incorporated by reference, see § 63.14); and SW-846-8270D (incorporated by reference, see § 63.14), as appropriate. (b) An owner or operator may use good engineering judgment rather than the procedures in paragraph (a) of this section to determine that the percent organic HAP content does not exceed the percent by weight control applicability criteria specified in § 63.1103 for an affected source. When an owner or operator and the Administrator do not agree on whether a piece of equipment is not in organic HAP service, however, the procedures in paragraph (a) of this section shall be used to resolve the disagreement. (c) If an owner or operator determines that a piece of equipment is in organic HAP service, the determination can be revised after following the procedures in paragraph (a) of this section, or by documenting that a change in the process or raw materials no longer causes the equipment to be in organic HAP service. (d) Samples used in determining the percent organic HAP content shall be representative of the process fluid that is contained in or contacts the equipment. (e) Requirements for pressure relief devices. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as described in Method 21 of 40 CFR part 60, Appendix A, no later than 5 calendar days after the pressure relief device returns to organic HAP service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in § 63.171 or § 63.1024(d), as applicable. (ii) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in § 63.171 or § 63.1024(d), as applicable. (3) Pressure release management. (i) The owner or operator must equip each pressure relief device in organic HAP service with a device(s) or parameter monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system may be either specific to the pressure relief device itself or may be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in paragraph (g) of this section. Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (4) Pressure relief devices routed to a control device, process, fuel gas system, or drain system. (f) Recordkeeping requirements. (1) A list of identification numbers for pressure relief devices that vent to a fuel gas system, process, drain system, or closed-vent system and control device, under the provisions in paragraph (e)(4) of this section. (2) A list of identification numbers for pressure relief devices subject to the provisions in paragraph (e)(1) of this section. (3) A list of identification numbers for pressure relief devices equipped with rupture disks, under the provisions in paragraph (e)(2)(ii) of this section. (4) The dates and results of the monitoring following a pressure release for each pressure relief device subject to the provisions in paragraphs (e)(1) and (2) of this section. The results shall include: (i) The background level measured during each compliance test. (ii) The maximum instrument reading measured at each piece of equipment during each compliance test. (5) For pressure relief devices in organic HAP service subject to paragraph (e)(3) of this section, keep records of each pressure release to the atmosphere, including the following information: (i) The source, nature, and cause of the pressure release. (ii) The date, time, and duration of the pressure release. (iii) An estimate of the quantity of total HAP emitted during the pressure release and the calculations used for determining this quantity. (iv) The actions taken to prevent this pressure release. (v) The measures adopted to prevent future such pressure releases. (g) Periodic reports. (1) For pressure relief devices in organic HAP service subject to paragraph (e) of this section, report confirmation that all monitoring to show compliance was conducted within the reporting period. (2) For pressure relief devices in organic HAP gas or vapor service subject to paragraph (e)(2) of this section, report any instrument reading of 500 ppm above background or greater, more than 5 days after the relief device returns to organic HAP gas or vapor service after a pressure release. (3) For pressure relief devices in organic HAP service subject to paragraph (e)(3) of this section, report each pressure release to the atmosphere, including the following information: (i) The source, nature, and cause of the pressure release. (ii) The date, time, and duration of the pressure release. (iii) An estimate of the quantity of total HAP emitted during the pressure release and the method used for determining this quantity. (iv) The actions taken to prevent this pressure release. (v) The measures adopted to prevent future such pressure releases. (h) Ethylene production pressure release requirements. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as specified in § 63.1023(b) of subpart UU or § 63.180(b) and (c) of subpart H, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (ii) If the pressure relief device includes a rupture disk, either comply with the requirements in paragraph (h)(2)(i) of this section (and do not replace the rupture disk) or install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. (iii) If the pressure relief device consists only of a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. The owner or operator must not initiate startup of the equipment served by the rupture disk until the rupture disc is replaced. (3) Pressure release management. (i) The owner or operator must equip each affected pressure relief device with a device(s) or use a monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system must be either specific to the pressure relief device itself or must be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) The owner or operator must apply at least three redundant prevention measures to each affected pressure relief device and document these measures. Examples of prevention measures include: (A) Flow, temperature, liquid level and pressure indicators with deadman switches, monitors, or automatic actuators. Independent, non-duplicative systems within this category count as separate redundant prevention measures. (B) Documented routine inspection and maintenance programs and/or operator training (maintenance programs and operator training may count as only one redundant prevention measure). (C) Inherently safer designs or safety instrumentation systems. (D) Deluge systems. (E) Staged relief system where the initial pressure relief device (with lower set release pressure) discharges to a flare or other closed vent system and control device. (iii) If any affected pressure relief device releases to atmosphere as a result of a pressure release event, the owner or operator must perform root cause analysis and corrective action analysis according to the requirement in paragraph (h)(6) of this section and implement corrective actions according to the requirements in paragraph (h)(7) of this section. The owner or operator must also calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.1110(e)(8)(iii). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) The owner or operator must determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. Prior to June 3, 2024, the owner or operator must also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure event, as defined in § 63.1103(e)(2). (v) Except for pressure relief devices described in paragraphs (h)(4) and (5) of this section, the following release events from an affected pressure relief device are a violation of the pressure release management work practice standards. (A) Any release event for which the root cause of the event was determined to be operator error or poor maintenance. (B) Prior to June 3, 2024, a second release event not including force majeure events from a single pressure relief device in a 3-calendar year period for the same root cause for the same equipment. On and after June 3, 2024, a second release event from a single pressure relief device in a 3-calendar year period for the same root cause for the same equipment. (C) Prior to June 3, 2024, a third release event not including force majeure events from a single pressure relief device in a 3-calendar year period for any reason. On and after June 3, 2024, a third release event from a single pressure relief device in a 3-calendar year period for any reason. (4) Pressure relief devices routed to a control device, process, fuel gas system, or drain system. (ii) Before the compliance dates specified in § 63.1102(c), both the closed vent system and control device (if applicable) referenced in paragraph (h)(4)(i) of this section must meet the applicable requirements specified in § 63.982(b) and (c)(2). Beginning no later than the compliance dates specified in § 63.1102(c), both the closed vent system and control device (if applicable) referenced in paragraph (h)(4)(i) of this section must meet the applicable requirements specified in §§ 63.982(c)(2), 63.983, and 63.1103(e)(4). For purposes of compliance with this paragraph, the phrase “Except for equipment needed for safety purposes such as pressure relief devices” in § 63.983(a)(3) does not apply. (iii) The drain system (if applicable) referenced in paragraph (h)(4)(i) of this section must meet the applicable requirements specified in § 61.346 or § 63.136. (5) Pressure relief devices exempted from pressure release management requirements. (i) Pressure relief devices in heavy liquid service, as defined in § 63.1020 of subpart UU. (ii) Thermal expansion relief valves. (iii) Pressure relief devices on mobile equipment. (iv) Pilot-operated pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, a fuel gas system, or drain system. (v) Balanced bellows pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, a fuel gas system, or drain system. (6) Root cause analysis and corrective action analysis. (i) You may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices that are installed on the same equipment to release. (ii) Prior to June 3, 2024, you may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure (iii) Except as provided in paragraphs (h)(6)(i) and (ii) of this section, if more than one pressure relief device has a release during the same time period, an initial root cause analysis must be conducted separately for each pressure relief device that had a release. If the initial root cause analysis indicates that the release events have the same root cause(s), the initial separate root cause analyses may be recorded as a single root cause analysis and a single corrective action analysis may be conducted. (7) Corrective action implementation. (i) All corrective action(s) must be implemented within 45 days of the event for which the root cause and corrective action analyses were required or as soon thereafter as practicable. If an owner or operator concludes that no corrective action should be implemented, the owner or operator must record and explain the basis for that conclusion no later than 45 days following the event. (ii) For corrective actions that cannot be fully implemented within 45 days following the event for which the root cause and corrective action analyses were required, the owner or operator must develop an implementation schedule to complete the corrective action(s) as soon as practicable. (iii) No later than 45 days following the event for which a root cause and corrective action analyses were required, the owner or operator must record the corrective action(s) completed to date, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (8) Flowing pilot-operated pressure relief devices. [64 FR 34921, June 29, 1999, as amended at 79 FR 60926, Oct. 8, 2014; 85 FR 40432, July 6, 2020; 89 FR 23865, Apr. 4, 2024] § 63.1108 Compliance with standards and operation and maintenance requirements. (a) Requirements. (1) Except as provided in paragraph (a)(2) of this section, the emission limitations and established parameter ranges of this part shall apply at all times except during periods of startup, shutdown, malfunction, or non-operation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. However, if a startup, shutdown, malfunction or period of non-operation of one portion of an affected source does not affect the ability of a particular emission point to comply with the specific provisions to which it is subject, then that emission point shall still be required to comply with the applicable provisions of this subpart and any of the subparts that are referenced by this subpart during startup, shutdown, malfunction, or period of non-operation. (2) If equipment leak requirements are referenced by this subpart for a subject source category, such requirements shall apply at all times except during periods of startup, shutdown, or malfunction, process unit shutdown (as defined in § 63.1101), or non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which the equipment leak requirements apply. (3) For batch unit operations, shutdown does not include the normal periods between batch cycles; and startup does not include the recharging of batch unit operations, or the transitional conditions due to changes in product. (4) (i) For acrylic and modacrylic fiber production affected sources and polycarbonate production affected sources, and beginning no later than the compliance dates specified in § 63.1102(c) for ethylene production affected sources, specified in § 63.1102(d) for cyanide chemicals manufacturing, and specified in § 63.1102(e) for carbon black production affected sources, the emission limitations and established parameter ranges of this part shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. Equipment leak requirements shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which the equipment leak requirements apply. (ii) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (5) During startups, shutdowns, and malfunctions when the emission standards of this subpart and the subparts referenced by this subpart do not apply pursuant to paragraphs (a)(1) through (3) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize excess emissions. The measures to be taken shall be identified in the startup, shutdown, and malfunction plan (if applicable), and may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention, monitoring, and/or changes in the manner of operation of the affected source. Back-up control devices are not required, but may be used if available. Compliance with an inadequate startup, shutdown, and malfunction plan developed pursuant to § 63.1111 is not a shield for failing to comply with good operation and maintenance requirements. (6) Malfunctions shall be corrected as soon as practical after their occurrence. (7) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable, independent of emissions limitations or other requirements in relevant standards. (b) Compliance assessment procedures Parameter monitoring: compliance with operating conditions. (i) An excursion that meets the requirements of paragraph (b)(2) of this section is not a violation. (ii) Excused excursions are not allowed for acrylic and modacrylic fiber production affected sources, polycarbonate production affected sources, and beginning no later than the compliance dates specified in § 63.1102(c) for ethylene production affected sources, specified in § 63.1102(d) for cyanide chemicals manufacturing affected sources, and specified in § 63.1102(e) for carbon black production affected sources. For all other affected sources, including ethylene production, cyanide chemicals manufacturing, and carbon black production affected sources, prior to the compliance dates specified in § 63.1102(c) through (e), an excused excursion, as described in § 63.998(b)(6)(ii), is not a violation. (2) Parameter monitoring: Excursions. (i) During periods of startup, shutdown, or malfunction (and the source is operated during such periods in accordance with § 63.1111(a)), or (ii) During periods of non-operation of the affected source or portion thereof (resulting in cessation of the emissions to which the monitoring applies). (3) Operation and maintenance procedures. (4) Applicability and compliance assessment procedures. (i) Applicability assessments. (A) A sample is accidentally lost after the testing team leaves the site; or (B) Conditions occur in which one of the three runs must be discontinued because of forced shutdown; or (C) Extreme meteorological conditions occur; (D) Other circumstances occur that are beyond the owner or operator's control. (ii) Performance test. (B) For acrylic and modacrylic fiber production affected sources, polycarbonate production affected sources, and beginning no later than the compliance dates specified in § 63.1102(c) for ethylene production affected sources, specified in § 63.1102(d) for cyanide chemicals manufacturing affected sources, and specified in § 63.1102(e) for carbon black production affected sources, performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator or an applicable subpart. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (iii) Operation and maintenance requirements. (5) Design, equipment, work practice, or operational standards. (c) Finding of compliance. (d) Compliance time. (1) Notwithstanding time periods specified for completion of required tasks, time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in § 63.1110(h). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) When the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraph (d)(2) (i) or (ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided the task is conducted at a reasonable interval after completion of the task during the previous period. [64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999; 71 FR 20458, Apr. 20, 2006; 79 FR 60927, Oct. 8, 2014; 85 FR 40434, July 6, 2020; 86 FR 66127, Nov. 19, 2021] § 63.1109 Recordkeeping requirements. (a) Maintaining notifications, records, and reports. (b) Copies of reports. (c) Availability of records. (d) Control applicability records. (e) Ethylene production flare records. (1) Retain records of the output of the monitoring device used to detect the presence of a pilot flame or flare flame as required in § 63.670(b) of subpart CC and the presence of a pilot flame as required in § 63.1103(e)(4)(vii)(D) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame or flare flame is present when regulated material is routed to a flare for a minimum of 5 years. For each pressure-assisted multi-point flare that uses cross-lighting, retain records of each 15-minute block during which there was at least one minute that no pilot flame is present on each stage when regulated material is routed to a flare for a minimum of 5 years. You may reduce the collected minute-by-minute data to a 15-minute block basis with an indication of whether there was at least one minute where no pilot flame or flare flame was present. (2) Retain records of daily visible emissions observations as specified in paragraphs (e)(2)(i) through (iv) of this section, as applicable, for a minimum of 3 years. (i) To determine when visible emissions observations are required, the record must identify all periods when regulated material is vented to the flare. (ii) If visible emissions observations are performed using Method 22 of 40 CFR part 60, appendix A-7, then the record must identify whether the visible emissions observation was performed, the results of each observation, total duration of observed visible emissions, and whether it was a 5-minute or 2-hour observation. Record the date and start time of each visible emissions observation. (iii) If a video surveillance camera is used pursuant to § 63.670(h)(2) of subpart CC, then the record must include all video surveillance images recorded, with time and date stamps. (iv) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, then the record must include the date and start and end time of the 2-hour period and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible. (3) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i) of subpart CC, along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, then retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain records of the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, then retain records of the 15-minute block average temperature, pressure, and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain records of the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. (4) The flare vent gas compositions specified to be monitored under § 63.670(j) of subpart CC. Retain records of individual component concentrations from each compositional analysis for a minimum of 2 years. If an NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. (5) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n) of subpart CC, as applicable. (6) All periods during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) of subpart CC and § 63.1103(e)(4)(vii) when regulated material is being routed to the flare. (7) All periods during which the owner or operator does not perform flare monitoring according to the procedures in § 63.670(g) through (j) of subpart CC. (8) For pressure-assisted multi-point flares, if a stage of burners on the flare uses cross-lighting, then a record of any changes made to the distance between burners. (9) For pressure-assisted multi-point flares, all periods when the pressure monitor(s) on the main flare header show burners are operating outside the range of the manufacturer's specifications. Indicate the date and time for each period, the pressure measurement, the stage(s) and number of burners affected, and the range of manufacturer's specifications. (10) For pressure-assisted multi-point flares, all periods when the staging valve position indicator monitoring system indicates a stage of the pressure-assisted multi-point flare should not be in operation and when a stage of the pressure-assisted multi-point flare should be in operation and is not. Indicate the date and time for each period, whether the stage was supposed to be open, but was closed or vice versa, and the stage(s) and number of burners affected. (11) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow. (12) Records when the flow of vent gas exceeds the smokeless capacity of the flare, including start and stop time and dates of the flaring event. (13) Records of the root cause analysis and corrective action analysis conducted as required in § 63.670(o)(3) of subpart CC and § 63.1103(e)(4)(iv), including an identification of the affected flare, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.670(o)(5)(i) of subpart CC. (14) For any corrective action analysis for which implementation of corrective actions are required in § 63.670(o)(5) of subpart CC, a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (15) Records described in § 63.10(b)(2)(vi). (f) Ethylene production maintenance vent records. (1) The owner or operator must maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (2) If complying with the requirements of § 63.1103(e)(5)(i)(A) and the concentration of the vapor at the time of the vessel opening exceeds 10 percent of its LEL, records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the concentration of the vapor at the time of the vessel opening. (3) If complying with the requirements of § 63.1103(e)(5)(i)(B) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the concentration of the vapor at the time of the active purging was initiated exceeds 10 percent of its LEL, records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the concentration of the vapors in the equipment when active purging was initiated. (4) If complying with the requirements of § 63.1103(e)(5)(i)(C), records of the estimating procedures used to determine the total quantity of VOC in equipment and the type and size limits of equipment that contain less than 50 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening of equipment that contains greater than 50 pounds of VOC for which the deinventory procedures specified in paragraph (f)(1) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph, records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (5) If complying with the requirements of § 63.1103(e)(5)(i)(D), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and concentration of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. (g) Ethylene production bypass line records. (h) Decoking operation of ethylene cracking furnace records. (1) Records that document the day and time each inspection specified in § 63.1103(e)(7)(i) took place, the results of each inspection, and any repairs made to correct the flame impingement; and for any repair that is delayed beyond 1 calendar day, the records specified in paragraphs (h)(1)(i) through (iii) of this section. (i) The reason for the delay. (ii) An estimate of the emissions from shutdown for repair and an estimate of the emissions likely to result from delay of repair, and whether the requirements at § 63.1103(e)(7)(i)(A) or (B) were met. (iii) The date the repair was completed or, if the repair has not been completed, a schedule for completing the repair. (2) If the owner or operator chooses to monitor the CO 2 2 2 2 2 (3) If the owner or operator chooses to monitor the temperature at the radiant tube(s) outlet during decoking as specified in § 63.1103(e)(7)(iii), then for each decoking cycle, records must be kept for all measured temperature values and the target used to indicate a reduction in temperature of the inside of the radiant tube(s) is necessary. (4) If the owner or operator chooses to comply with § 63.1103(e)(7)(iv), then records must be kept that document that decoke air is no longer being added after each decoking cycle. (5) If the owner or operator chooses to treat steam or feed to reduce coke formation as specified in § 63.1103(e)(7)(v), then records must be kept that document that the planned treatment occurred. (6) For each decoking operation of an ethylene cracking furnace subject to the requirements in § 63.1103(e)(8), the owner or operator must keep records that document the day each inspection took place and the results of each inspection where an isolation problem was identified including any repairs made to correct the problem. (i) Ethylene production pressure relief devices records. (1) Records of the prevention measures implemented as required in § 63.1107(h)(3)(ii). (2) Records of the number of releases during each calendar year and, prior to June 3, 2024, the number of those releases for which the root cause was determined to be a force majeure event. Keep these records for the current calendar year and the past five calendar years. (3) For each release to the atmosphere, the owner or operator must keep the records specified in paragraphs (i)(3)(i) through (iv) of this section. (i) The start and end time and date of each pressure release to the atmosphere. (ii) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event. (iii) Records of the root cause analysis and corrective action analysis conducted as required in § 63.1107(h)(3)(iii), including an identification of the affected pressure relief device, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.1107(h)(7)(i). (iv) For any corrective action analysis for which implementation of corrective actions are required in § 63.1107(h)(7), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. [64 FR 34921, June 29, 1999, as amended at 67 FR 39307, June 7, 2002; 85 FR 40435, July 6, 2020; 89 FR 23865, Apr. 4, 2024] § 63.1110 Reporting requirements. (a) Required reports. (1) A Notification of Initial Startup described in paragraph (b) of this section, as applicable. (2) An Initial Notification described in paragraph (c) of this section. (3) [Reserved] (4) A Notification of Compliance Status report described in paragraph (d) of this section. (5) Periodic Reports described in paragraph (e) of this section. (6) Application for approval of construction or reconstruction described in § 63.5(d) of subpart A of this part. (7) Startup, Shutdown, and Malfunction Reports described in § 63.1111 (except for acrylic and modacrylic fiber production affected sources, carbon black production affected sources, cyanide chemicals manufacturing affected sources, ethylene production affected sources, and polycarbonate production affected sources). (8) Other reports. (9) Within 60 days after the date of completing each performance test (as defined in § 63.2), the owner or operator must submit the results of the performance tests, including any associated fuel analyses, required by this subpart according to the methods specified in paragraph (a)(9)(i) or (ii) of this section. (i) For data collected using test methods supported by the EPA-provided software, the owner or operator shall submit the results of the performance test to the EPA by direct computer-to-computer electronic transfer via EPA-provided software, unless otherwise approved by the Administrator. Owners or operators, who claim that some of the information being submitted for performance tests is confidential business information (CBI), must submit a complete file using EPA-provided software that includes information claimed to be CBI on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA by direct computer-to-computer electronic transfer via EPA-provided software. (ii) For any performance test conducted using test methods that are not compatible with the EPA-provided software, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (10)(i) Beginning no later than the compliance dates specified in § 63.1102(c) for ethylene production affected sources, specified in § 63.1102(d) for cyanide chemicals manufacturing affected sources, and specified in § 63.1102(e) for carbon black production affected sources, within 60 days after the date of completing each performance test required by this subpart or applicability assessment required by § 63.1103(f)(3)(iv), the owner or operator must submit the results of the performance test or applicability assessment following the procedures specified in § 63.9(k). Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (ii) Beginning no later than the compliance dates specified in § 63.1102(c) through (e), the owner or operator must submit all subsequent Notification of Compliance Status reports required under paragraph (a)(4) of this section in portable document format (PDF) format to the EPA following the procedure specified in § 63.9(k). All subsequent Periodic Reports required under paragraph (a)(5) of this section must be submitted to the EPA via CEDRI using the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (iii) Beginning no later than the compliance date specified in § 63.1102(c) or once the report template for this subpart has been available on the CEDRI website for six months, whichever date is later, the items in § 63.1110(e)(4)(iv) and § 63.1110(e)(8)(iii) must be submitted to the EPA via CEDRI as specified in § 63.9(k) using the appropriate electronic report template on the CEDRI website for reporting that information. The report submitted to CEDRI must also contain company identifier information (including the company name and address) and the beginning and ending dates of the time period covered by the report. Once you begin submitting Periodic Reports to CEDRI in accordance with paragraph (a)(10)(ii) of this section, the items in § 63.1110(e)(4)(iv) and § 63.1110(e)(8)(iii) must be included in those Periodic Reports instead of submitting the information using the separate template. (b) Notification of initial startup Contents. (2) Due date. (c) Initial Notification. (1) The initial notification shall be postmarked within 1 year after the source becomes subject to this subpart. (2) Identification of the storage vessels subject to this subpart. (3) Identification of the process vents subject to this subpart. (4) Identification of the transfer racks subject to this subpart. (5) For equipment leaks, identification of the process units subject to this subpart. (6) Identification of other equipment or emission points subject to this subpart. (7) As an alternative to the requirements specified in paragraphs (c)(1) through (3) and (c)(5) of this section, process units can be identified instead of individual pieces of equipment. For this alternative, the kind of emission point in the process unit that will comply must also be identified. (d) Notification of Compliance Status Contents. (i) Except as specified in paragraphs (d)(1)(iv) and (v) of this section, the Notification of Compliance Status shall include the information specified in this subpart and the subparts referenced by this subpart. Alternatively, this information can be submitted as part of a title V permit application or amendment. (ii) The Notification of Compliance Status shall include a statement from the owner or operator identifying which subpart he or she has elected to comply with, where given a choice, as provided for in § 63.1100(g). (iii) For pressure relief devices in organic HAP service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), and a description of the alarms or other methods by which operators will be notified of a pressure release. (iv) For each flare subject to the requirements in § 63.1103(e)(4), in lieu of the information required in § 63.987(b) of subpart SS, the Notification of Compliance Status shall include flare design ( e.g., (v) For pressure relief devices subject to the requirements of § 63.1107(h), the Notification of Compliance Status shall include the information specified in paragraphs (d)(1)(v)(A) and (B) of this section. (A) A description of the monitoring system to be implemented, including the relief devices and process parameters to be monitored, and a description of the alarms or other methods by which operators will be notified of a pressure release. (B) A description of the prevention measures to be implemented for each affected pressure relief device. (2) Due date. (e) Periodic reports. (1) Contents. (2) Due date. (3) Overlap with title V reports. (4) Ethylene production flare reports. (i) Records as specified in § 63.1109(e)(1) for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame or flare flame is present. Include the start and stop time and date of each 15-minute block. (ii) Visible emission records as specified in § 63.1109(e)(2)(iv) for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. (iii) The periods specified in § 63.1109(e)(6). Indicate the date and start time for the period, and the net heating value operating parameter(s) determined following the methods in § 63.670(k) through (n) of subpart CC as applicable. (iv) For flaring events meeting the criteria in § 63.670(o)(3) of subpart CC and § 63.1103(e)(4)(iv): (A) Flare identification name or number and the start and stop time and date of the flaring event. (B) The length of time (in minutes) that emissions were visible from the flare during the event. (C) Results of the root cause and corrective actions analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (v) For pressure-assisted multi-point flares, the periods of time when the pressure monitor(s) on the main flare header show the burners operating outside the range of the manufacturer's specifications. (vi) For pressure-assisted multi-point flares, the periods of time when the staging valve position indicator monitoring system indicates a stage should not be in operation and is or when a stage should be in operation and is not. (5) Ethylene production maintenance vent reports. (i) Identification of the maintenance vent and the equipment served by the maintenance vent. (ii) The date and time the maintenance vent was opened to the atmosphere. (iii) The LEL, vessel pressure, or mass of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in § 63.1103(e)(5)(i)(B) was used and active purging was initiated while the concentration of the vapor was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (iv) An estimate of the mass of organic HAP released during the entire atmospheric venting event. (6) Bypass line reports. (7) Decoking operation reports. (i) For each control measure selected to minimize coke combustion emissions as specified in § 63.1103(e)(7)(ii) through (v), report instances where the control measures were not followed. (ii) Report instances where an isolation valve inspection was not conducted according to the procedures specified in § 63.1103(e)(8). (iii) For instances where repair was delayed beyond 1 calendar day as specified in § 63.1103(e)(7)(i), report the information specified in § 63.1109(h)(1). (8) Ethylene production pressure relief devices reports. (i) For pressure relief devices in organic HAP gas or vapor service, pursuant to § 63.1107(h)(1), report any instrument reading of 500 ppm or greater. (ii) For pressure relief devices in organic HAP gas or vapor service subject to § 63.1107(h)(2), report confirmation that any monitoring required to be done during the reporting period to show compliance was conducted. (iii) For pressure relief devices in organic HAP service subject to § 63.1107(h)(3), report each pressure release to the atmosphere, including pressure relief device identification name or number; start date and start time and duration (in hours) of the pressure release; an estimate (in pounds) of the mass quantity of each organic HAP released; the results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period; and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (f) General report content. (1) The name, address and telephone number (fax number may also be provided) of the owner or operator. (2) The name, address and telephone number of the person to whom inquiries should be addressed, if different than the owner or operator. (3) The address (physical location) of the reporting facility. (4) Identification of each affected source covered in the submission and identification of the subparts (this subpart and the subparts referenced in this subpart) that are applicable to that affected source. Summaries and groupings of this information are permitted. (g) Report and notification submission Submission to the Environmental Protection Agency. (2) Submission of copies. (3) Method of submission. (4) Submission by electronic media. (h) Adjustment to timing of submittals and review of required communications Alignment with title V submission. (2) Establishment of a common schedule. (3) Submission requirements. (4) Request for adjustment of reporting schedule. (5) Alteration of time periods or deadlines. (6) Approval of request for adjustment. (7) Notification of delay. [64 FR 34921, June 29, 1999, as amended at 64 FR 63709, Nov. 22, 1999; 79 FR 60928, Oct. 8, 2014; 85 FR 40437, July 6, 2020; 86 FR 66127, Nov. 19, 2021; 89 FR 23865, Apr. 4, 2024] § 63.1111 Startup, shutdown, and malfunction. (a) Startup, shutdown, and malfunction plan. (1) Description and purpose of plan. (i) To ensure that owners or operators are prepared to correct malfunctions as soon as practical after their occurrence, in order to minimize excess emissions of regulated organic HAP; and (ii) To reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation). (2) Operation of source. During periods of startup, shutdown, and malfunction, the owner or operator of an affected source subject to this subpart YY shall operate and maintain such affected source (including associated air pollution control equipment and CPMS) in a manner consistent with safety and good air pollution control practices for minimizing emissions to the extent practical. The general duty to minimize emissions during a period of startup, shutdown, or malfunction does not require the owner or operator to achieve emission levels that would be required by the applicable standard at other times if this is not consistent with safety and good air pollution control practices, nor does it require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures (including the startup, shutdown, and malfunction plan required by this section), review of operation and maintenance records, and inspection of the source. (3) Use of additional procedures. (4) Revisions to the plan. (i) Does not address a startup, shutdown, and malfunction event of the CPMS, the air pollution control equipment, or the affected source that has occurred; or (ii) Fails to provide for the operation of the affected source (including associated air pollution control equipment and CPMS) during a startup, shutdown, and malfunction event in a manner consistent with good air pollution control practices for minimizing emissions to the extent practical; or (iii) Does not provide adequate procedures for correcting malfunctioning process and air pollution control equipment as quickly as practicable; or (iv) Does not provide adequate measures to prevent or minimize excess emissions to the extent practical as specified in § 63.1108(a)(5). (5) Additional malfunction plan requirements. (b) Startup, shutdown, and malfunction reporting requirements. (1) Periodic startup, shutdown, and malfunction reporting requirements. (i) The name, title, and signature of the owner or operator or other responsible official certifying its accuracy. (ii) The number of startup, shutdown, and malfunction events and the total duration of all periods of startup, shutdown, and malfunction for the reporting period if the total duration amounts to either of the durations in paragraphs (b)(1)(ii)(A) or (B) of this section. Records of the number of CPMS startup, shutdown, and malfunction events and the total duration of all periods of startup, shutdown, and malfunction for the reporting period are required under § 63.998(c)(1)(ii)(C) and (D) of this section. (A) Total duration of periods of malfunctioning of a CPMS equal to or greater than 5 percent of that CPMS operating time for the reporting period; or (B) Total duration of periods of startup, shutdown, and malfunction for an affected source equal to or greater than 1 percent of that affected source's operating time for the reporting period. (iii) Records documenting each startup, shutdown and malfunction event as required under § 63.998(c)(1)(ii)(F). (iv) Records documenting the total duration of operating time as required under § 63.998(c)(1)(ii)(H). (2) Immediate startup, shutdown, and malfunction reports. (c) Malfunction recordkeeping and reporting. (1) Records of malfunctions. (i) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, and duration of each failure. (ii) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (iii) Record actions taken to minimize emissions in accordance with § 63.1108(a)(4)(ii), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (2) Reports of malfunctions. [64 FR 34921, June 29, 1999, as amended at 71 FR 20458, Apr. 20, 2006; 79 FR 60929, Oct. 8, 2014; 85 FR 40440, July 6, 2020; 86 FR 66129, Nov. 19, 2021] § 63.1112 Extension of compliance, and performance test, monitoring, recordkeeping and reporting waivers and alternatives. (a) Extension of compliance Extension of compliance with emission standards. (2) Extension of compliance for early reductions and other reductions. Early reductions. (ii) Other reductions. (3) Request for extension of compliance. (4) Requests for extensions of compliance for section 112 standards. Section 112(d) standards. (B) Any request under this paragraph for an extension of compliance with a relevant standard shall be submitted in writing to the appropriate authority not later than 12 months before the affected source's compliance date (as specified in § 63.1102) for sources that are not including emission points in an emissions average, or not later than 18 months before the affected source's compliance date (as specified in § 63.1102) for sources that are including emission points in an emissions average. Emission standards established under this part may specify alternative dates for the submittal of requests for an extension of compliance if alternatives are appropriate for the source categories affected by those standards, e.g., a compliance date specified by the standard is less than 12 (or 18) months after the standard's effective date. (ii) Section 112(f) standards. (5) Requests for extensions of compliance for BACT or LAER. (6) Contents of request. (A) A description of the controls to be installed to comply with the standard; (B) A compliance schedule, including the date by which each step toward compliance will be reached. At a minimum, the list of dates shall include: ( 1 ( 2 ( 3 ( 4 (C) A description of interim emission control steps, that will be taken during the extension period, including milestones to assure proper operation and maintenance of emission control and process equipment; and (D) Whether the owner or operator is also requesting an extension of other applicable requirements (e.g., performance testing requirements). (ii) The request for a compliance extension under paragraph (a)(5) of this section shall include all information needed to demonstrate to the Administrator's satisfaction that the installation of BACT or technology to meet LAER controls the same pollutant (or stream of pollutants) that would be controlled at that source by the relevant emission standard. (7) Additional advice. (8) Approval of request for extension of compliance. (9) General. (10) Contents of extension. (i) Identify each affected source covered by the extension; (ii) Specify the termination date of the extension; (iii) Specify the dates by which steps toward compliance are to be taken, if appropriate; (iv) Specify other applicable requirements to which the compliance extension applies (e.g., performance tests); and (v)(A) Under paragraph (a)(4) of this section, specify any additional conditions that the Administrator deems necessary to assure installation of the necessary controls and protection of the health of persons during the extension period; or (B) Under paragraph (a)(5)of this section, specify any additional conditions that the Administrator deems necessary to assure the proper operation and maintenance of the installed controls during the extension period. (11) Progress reports. (12) Notifications to owners and operators regarding compliance extensions for section 112(d) standards. (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 30 days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (iii) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with— (A) Notice of the information and findings on which the intended denial is based; and (B) Notice of opportunity for the owner or operator to present in writing, within 15 days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request. (iv) The Administrator's final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 days after presentation of additional information or argument (if the application is complete), or within 30 days after the final date specified for the presentation if no presentation is made. (13) Notifications to owners and operators regarding compliance extensions for section 112(f) standards. (ii) When notifying the owner or operator that his/her application is not complete, the Administrator will specify the information needed to complete the application and provide notice of opportunity for the applicant to present, in writing, within 15 days after he/she is notified of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (iii) Before denying any request for an extension of compliance, the Administrator will notify the owner or operator in writing of the Administrator's intention to issue the denial, together with— (A) Notice of the information and findings on which the intended denial is based; and (B) Notice of opportunity for the owner or operator to present in writing, within 15 days after he/she is notified of the intended denial, additional information or arguments to the Administrator before further action on the request. (iv) A final determination to deny any request for an extension will be in writing and will set forth the specific grounds on which the denial is based. The final determination will be made within 30 days after presentation of additional information or argument (if the application is complete), or within 30 days after the final date specified for the presentation if no presentation is made. (14) Termination of extension. (15) [Reserved] (16) Administrator's authority. (b) Waiver of performance tests Applicability of this section. (2) General. (3) Request to waive a performance test. (ii) If an application for a waiver of a subsequent performance test is made, the application may accompany any required compliance progress report, compliance status report, or excess emissions and continuous monitoring system performance report, but it shall be submitted at least 60 days before the performance test if a site-specific test plan is not submitted. (iii) Any application for a waiver of a performance test shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test. (4) Approval of request to waive performance test. (i) Approves or denies an extension of compliance under paragraph (a) of this section; or (ii) Approves or disapproves a site-specific test plan; or (iii) Makes a determination of compliance following the submission of a required compliance status report or excess emissions and continuous monitoring systems performance report; or (iv) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable. (5) Administrator's authority. (c) Use of an alternative monitoring method General. (2) Alternatives to monitoring methods. (i) Alternative monitoring requirements when installation of a CMS specified by a relevant standard would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases; (ii) Alternative monitoring requirements when the affected source is infrequently operated; (iii) Alternative monitoring requirements to accommodate CEMS that require additional measurements to correct for stack moisture conditions; (iv) Alternative locations for installing CMS when the owner or operator can demonstrate that installation at alternate locations will enable accurate and representative measurements; (v) Alternate methods for converting pollutant concentration measurements to units of the relevant standard; (vi) Alternate procedures for performing daily checks of zero (low-level) and high-level drift that do not involve use of high-level gases or test cells; (vii) Alternatives to the American Society for Testing and Materials (ASTM) test methods or sampling procedures specified by any relevant standard; (viii) Alternative CMS that do not meet the design or performance requirements in this part, but adequately demonstrate a definite and consistent relationship between their measurements and the measurements of opacity by a system complying with the requirements as specified in the relevant standard. The Administrator may require that such demonstration be performed for each affected source; or (ix) Alternative monitoring requirements when the effluent from a single affected source or the combined effluent from two or more affected sources is released to the atmosphere through more than one point. (3) Conflicts between alternative and required methods. (4)(i) Request to use alternative monitoring method. (ii) The application shall contain a description of the proposed alternative monitoring system and a performance evaluation test plan, if required. In addition, the application shall include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the affected source using the required method. (iii) The owner or operator may submit the information required in this paragraph well in advance of the submittal dates specified in paragraph (c)(4)(i) of this section to ensure a timely review by the Administrator in order to meet the compliance demonstration date specified in this section or the relevant standard. (5) Approval of request to use alternative monitoring method. (A) Notice of the information and findings on which the intended disapproval is based; and (B) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of his or her intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information. (ii) The Administrator may establish general procedures and criteria in a relevant standard to accomplish the requirements of paragraph (c)(5)(i) of this section. (iii) If the Administrator approves the use of an alternative monitoring method for an affected source under paragraph (c)(5)(i) of this section, the owner or operator of such source shall continue to use the alternative monitoring method until he or she receives approval from the Administrator to use another monitoring method as allowed by this subpart or a subpart referenced by this subpart. (6) Alternative to the relative accuracy test. (i) Criteria for approval of alternative procedures. (ii) Petition to use alternative to relative accuracy test. (iii) Rescission of approval to use alternative to relative accuracy test. (d) Waiver of recordkeeping or reporting requirements. (2) Recordkeeping or reporting requirements may be waived upon written application to the Administrator if, in the Administrator's judgment, the affected source is achieving the relevant standard(s), or the source is operating under an extension of compliance, or the owner or operator has requested an extension of compliance and the Administrator is still considering that request. Electronic reporting to the EPA cannot be waived, and as such, compliance with the provisions of this paragraph does not relieve owners or operators of affected facilities of the requirement to submit electronic reports required in this subpart to the EPA. (3) If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under paragraph (a) of this section, any required compliance progress report or compliance status report required under this part or in the source's title V permit, or an excess emissions and continuous monitoring system performance report required under § 63.999(c) or another subpart referenced by this subpart, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted. (4) The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements under this paragraph when he/she— (i) Approves or denies an extension of compliance under paragraph (a) of this section; or (ii) Makes a determination of compliance following the submission of a required Notification of Compliance Status report or excess emissions and continuous monitoring systems performance report; or (iii) Makes a determination of suitable progress towards compliance following the submission of a compliance progress report, whichever is applicable. (5) A waiver of any recordkeeping or reporting requirement granted under this paragraph may be conditioned on other recordkeeping or reporting requirements deemed necessary by the Administrator. (6) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notice is given to the owner or operator of the affected source. [64 FR 34921, June 29, 1999, as amended at 85 FR 40440, July 6, 2020] § 63.1113 Procedures for approval of alternative means of emission limitation. (a) Alternative means of emission limitation. Federal Register (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. (2) Any such notice shall be published only after public notice and an opportunity for public comment. (b) Content of submittal. (2) The owner or operator who requests an alternative means of emissions limitation shall submit a description of the proposed testing, monitoring, recordkeeping, and reporting that will be used and the proposed basis for demonstrating compliance. (3) For storage vessels, the owner or operator shall include the results of actual emissions tests using full-size or scale-model storage vessels that accurately collect and measure all regulated HAP emissions using a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or an engineering analysis that the Administrator determines to be an accurate method of determining equivalence. (4) For proposed alternatives to equipment leak requirements referenced by this subpart, the owner or operator shall also submit the information specified in and meet the requirements for alternate means of emission limitation specified in the referenced subparts. [64 FR 34921, June 29, 1999, as amended at 85 FR 40440, July 6, 2020] § 63.1114 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E to this part, the authorities contained in paragraphs (b)(1) through (6) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (1) Approval of alternatives to the nonopacity emissions standards in § 63.1103(a)(3), (b)(3) through (5), (c)(3), (d)(3), (e)(3), (f)(3), (g)(3) and (4), and (h)(3) under § 63.6(g). Follow the requirements in § 63.1113 to request permission to use an alternative means of emission limitation. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) [Reserved] (3) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. (6) Approval of an alternative to any electronic reporting to EPA required by this subpart. [67 FR 46289, July 12, 2002, as amended at 85 FR 40440, July 6, 2020] Subparts ZZ-BBB [Reserved] Subpart CCC—National Emission Standards for Hazardous Air Pollutants for Steel Pickling—HCl Process Facilities and Hydrochloric Acid Regeneration Plants Source: 64 FR 33218, June 22, 1999, unless otherwise noted. § 63.1155 Applicability. (a) The provisions of this subpart apply to the following facilities and plants that are major sources for hazardous air pollutants (HAP) or are parts of facilities that are major sources for HAP: (1) All new and existing steel pickling facilities that pickle carbon steel using hydrochloric acid solution that contains 6 percent or more by weight HCl and is at a temperature of 100 °F or higher; and (2) All new and existing hydrochloric acid regeneration plants. (3) The provisions of this subpart do not apply to facilities that pickle carbon steel without using hydrochloric acid, to facilities that pickle only specialty steel, or to acid regeneration plants that regenerate only acids other than hydrochloric acid. (b) For the purposes of implementing this subpart, the affected sources at a facility or plant subject to this subpart are as follows: Continuous and batch pickling lines, hydrochloric acid regeneration plants, and hydrochloric acid storage vessels. (c) Table 1 to this subpart specifies the provisions of this part 63, subpart A that apply and those that do not apply to owners and operators of steel pickling facilities and hydrochloric acid regeneration plants subject to this subpart. (d) In response to an action to enforce the standards set forth in this subpart, the owner or operator may assert an affirmative defense to a claim for civil penalties for violations of such standards that are caused by a malfunction, as defined in § 63.2. Appropriate penalties may be assessed, however, if the owner or operator fails to meet the burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (1) To establish the affirmative defense in any action to enforce such a standard, the owner or operator must timely meet the reporting requirements of paragraph (d)(2) of this section, and must prove by a preponderance of evidence that: (i) The violation was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design, or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (ii) Repairs were made as expeditiously as possible when exceeded violation occurred. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (iii) The frequency, amount, and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (iv) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (v) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment, and human health; and (vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (vii) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (viii) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and (ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (2) Report. [64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012] § 63.1156 Definitions. Terms used in this subpart are defined in the Clean Air Act, in subpart A of this part, or in this section as follows: Affirmative defense Batch pickling line Carbon steel Closed-vent system Continuous pickling line Hydrochloric acid regeneration plant Hydrochloric acid regeneration plant production mode Hydrochloric acid storage vessel Responsible maintenance official Specialty steel Spray tower Steel pickling Steel pickling facility [64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012] § 63.1157 Emission standards for existing sources. (a) Pickling lines. (1) Any gases that contain HCl in a concentration in excess of 18 parts per million by volume (ppmv); or (2) HCl at a mass emission rate that corresponds to a collection efficiency of less than 97 percent. (b) Hydrochloric acid regeneration plants. (2) In addition to the requirement of paragraph (b)(1) of this section, no owner or operator of an existing plant shall cause or allow to be discharged into the atmosphere from the affected plant any gases that contain chlorine (Cl 2 [64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012] § 63.1158 Emission standards for new or reconstructed sources. (a) Pickling lines Continuous pickling lines. (i) Any gases that contain HCl in a concentration in excess of 6 ppmv; or (ii) HCl at a mass emission rate that corresponds to a collection efficiency of less than 99 percent. (2) Batch pickling lines. (i) Any gases that contain HCl in a concentration in excess of 18 ppmv; or (ii) HCl at a mass emission rate that corresponds to a collection efficiency of less than 97 percent. (b) Hydrochloric acid regeneration plants. (2) In addition to the requirement of paragraph (b)(1) of this section, no owner or operator of a new or reconstructed affected plant shall cause or allow to be discharged into the atmosphere from the affected plant any gases that contain Cl 2 § 63.1159 Operational and equipment standards for existing, new, or reconstructed sources. (a) Hydrochloric acid regeneration plant. (b) Hydrochloric acid storage vessels. (c) General duty to minimize emissions. [64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012] § 63.1160 Compliance dates and maintenance requirements. (a) Compliance dates. (2) The owner or operator of a new or reconstructed steel pickling facility and/or hydrochloric acid regeneration plant subject to this subpart that commences construction or reconstruction after September 18, 1997, shall achieve compliance with the requirements of this subpart immediately upon startup of operations or by June 22, 1999, whichever is later. (b) Maintenance requirements. (i) Require monitoring and recording the pressure drop across the scrubber once per shift while the scrubber is operating in order to identify changes that may indicate a need for maintenance; (ii) Require the manufacturer's recommended maintenance at the recommended intervals on fresh solvent pumps, recirculating pumps, discharge pumps, and other liquid pumps, in addition to exhaust system and scrubber fans and motors associated with those pumps and fans; (iii) Require cleaning of the scrubber internals and mist eliminators at intervals sufficient to prevent buildup of solids or other fouling; (iv) Require an inspection of each scrubber at intervals of no less than 3 months with: (A) Cleaning or replacement of any plugged spray nozzles or other liquid delivery devices; (B) Repair or replacement of missing, misaligned, or damaged baffles, trays, or other internal components; (C) Repair or replacement of droplet eliminator elements as needed; (D) Repair or replacement of heat exchanger elements used to control the temperature of fluids entering or leaving the scrubber; and (E) Adjustment of damper settings for consistency with the required air flow. (v) If the scrubber is not equipped with a viewport or access hatch allowing visual inspection, alternate means of inspection approved by the Administrator may be used. (vi) The owner or operator shall initiate procedures for corrective action within 1 working day of detection of an operating problem and complete all corrective actions as soon as practicable. Procedures to be initiated are the applicable actions that are specified in the maintenance plan. Failure to initiate or provide appropriate repair, replacement, or other corrective action is a violation of the maintenance requirement of this subpart. (vii) The owner or operator shall maintain a record of each inspection, including each item identified in paragraph (b)(2)(iv) of this section, that is signed by the responsible maintenance official and that shows the date of each inspection, the problem identified, a description of the repair, replacement, or other corrective action taken, and the date of the repair, replacement, or other corrective action taken. (2) The owner or operator of each hydrochloric acid regeneration plant shall develop and implement a written maintenance program. The program shall require: (i) Performance of the manufacturer's recommended maintenance at the recommended intervals on all required systems and components; (ii) Initiation of procedures for appropriate and timely repair, replacement, or other corrective action within 1 working day of detection; and (iii) Maintenance of a daily record, signed by a responsible maintenance official, showing the date of each inspection for each requirement, the problems found, a description of the repair, replacement, or other action taken, and the date of repair or replacement. [64 FR 33218, June 22, 1999, as amended at 77 FR 58250, Sept. 19, 2012] § 63.1161 Performance testing and test methods. (a) Demonstration of compliance. (b) Establishment of scrubber operating parameters. (c) Establishment of hydrochloric acid regeneration plant operating parameters. (2) [Reserved] (d) Test methods. (i) Method 1, to determine the number and location of sampling points, with the exception that no traverse point shall be within one inch of the stack or duct wall; (ii) Method 2, to determine gas velocity and volumetric flow rate; (iii) Method 3, to determine the molecular weight of the stack gas; (iv) Method 4, to determine the moisture content of the stack gas; and (v) Method 26A, “Determination of Hydrogen Halide and Halogen Emissions from Stationary Sources—Isokinetic Method,” to determine the HCl mass flows at the inlet and outlet of a control device or the concentration of HCl discharged to the atmosphere, and also to determine the concentration of Cl 2 2 C HCl HCl and C C12 C12 where C(ppmv) is concentration in ppmv and C(mg/dscm) is concentration in milligrams per dry standard cubic meter as calculated by the procedure given in Method 26A. (2) The owner or operator may use equivalent alternative measurement methods approved by the Administrator. [64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012] § 63.1162 Monitoring requirements. (a) The owner or operator of a new, reconstructed, or existing steel pickling facility or acid regeneration plant subject to this subpart shall: (1) Conduct performance tests to measure the HCl mass flows at the control device inlet and outlet or the concentration of HCl exiting the control device according to the procedures described in § 63.1161 of this subpart. Performance tests shall be conducted either annually or according to an alternative schedule that is approved by the applicable permitting authority, but no less frequently than every 2 1/2 (2) In addition to conducting performance tests, if a wet scrubber is used as the emission control device, install, operate, and maintain systems for the measurement and recording of the scrubber makeup water flow rate and, if required, recirculation water flow rate. These flow rates must be monitored continuously and recorded at least once per shift while the scrubber is operating. Operation of the wet scrubber with excursions of scrubber makeup water flow rate and recirculation water flow rate less than the minimum values established during the performance test or tests will require initiation of corrective action as specified by the maintenance requirements in § 63.1160(b)(2) of this subpart. (3) If an emission control device other than a wet scrubber is used, install, operate, and maintain systems for the measurement and recording of the appropriate operating parameters. (4) Failure to record each of the operating parameters listed in paragraph (a)(2) of this section is a violation of the monitoring requirements of this subpart. (5) Each monitoring device shall be certified by the manufacturer to be accurate to within 5 percent and shall be calibrated in accordance with the manufacturer's instructions but not less frequently than once per year. (6) The owner or operator may develop and implement alternative monitoring requirements subject to approval by the Administrator. (b) The owner or operator of a new, reconstructed, or existing acid regeneration plant subject to this subpart shall also install, operate, and maintain systems for the measurement and recording of the: (1) Process offgas temperature, which shall be monitored continuously and recorded at least once every shift while the facility is operating in production mode; and (2) Parameters from which proportion of excess air is determined. Proportion of excess air shall be determined by a combination of total air flow rate, fuel flow rate, spent pickle liquor addition rate, and amount of iron in the spent pickle liquor, or by any other combination of parameters approved by the Administrator in accordance with § 63.8(f) of subpart A of this part. Proportion of excess air shall be determined and recorded at least once every shift while the plant is operating in production mode. (3) Each monitoring device must be certified by the manufacturer to be accurate to within 5 percent and must be calibrated in accordance with the manufacturer's instructions but not less frequently than once per year. (4) Operation of the plant with the process offgas temperature lower than the value established during performance testing or with the proportion of excess air greater than the value established during performance testing is a violation of the operational standard specified in § 63.1159(a) of this subpart. (c) The owner or operator of an affected hydrochloric acid storage vessel shall inspect each vessel semiannually to determine that the closed-vent system and either the air pollution control device or the enclosed loading and unloading line, whichever is applicable, are installed and operating when required. § 63.1163 Notification requirements. (a) Initial notifications. (1) The owner or operator of an area source that subsequently becomes subject to the requirements of the standard shall provide notification to the applicable permitting authority as required by § 63.9(b)(1) of subpart A of this part. (2) As required by § 63.9(b)(2) of subpart A of this part, the owner or operator of an affected source that has an initial startup before June 22, 1999, shall notify the Administrator that the source is subject to the requirements of the standard. The notification shall be submitted not later than October 20, 1999 (or within 120 calendar days after the source becomes subject to this standard), and shall contain the information specified in §§ 63.9(b)(2)(i) through 63.9(b)(2)(v) of subpart A of this part. (3) As required by § 63.9(b)(3) of subpart A of this part, the owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, that has an initial startup after the effective date and for which an application for approval of construction or reconstruction is not required under § 63.5(d) of subpart A of this part, shall notify the Administrator in writing that the source is subject to the standards no later than 120 days after initial startup, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The notification shall contain the information specified in §§ 63.9(b)(2)(i) through (v) of subpart A of this part, delivered or postmarked with the notification required in § 63.9(b)(5) of subpart A of this part. (4) As required by § 63.9(b)(4) of subpart A of this part, the owner or operator of a new or reconstructed major affected source that has an initial startup after June 22, 1999, and for which an application for approval of construction or reconstruction is required under § 63.5(d) of subpart A of this part shall provide the information specified in §§ 63.9(b)(4)(i) through 63.9(b)(4)(v) of subpart A of this part. (5) As required by § 63.9(b)(5) of subpart A of this part, the owner or operator who, after June 22, 1999, intends to construct a new affected source or reconstruct an affected source subject to this standard, or reconstruct a source such that it becomes an affected source subject to this standard, shall notify the Administrator, in writing, of the intended construction or reconstruction. (b) Request for extension of compliance. (c) Notification that source is subject to special compliance requirements. (d) Notification of performance test. (e) Notification of compliance status. [64 FR 33218, June 22, 1999, as amended at 85 FR 73897, Nov. 19, 2020] § 63.1164 Reporting requirements. (a) Reporting results of performance tests. www.epa.gov/;cdx http://www.epa.gov/ttn/chief/ert/index.html (b) Progress reports. (c) Reporting malfunctions. [64 FR 33218, June 22, 1999, as amended at 71 FR 20458, Apr. 20, 2006; 77 FR 58251, Sept. 19, 2012] § 63.1165 Recordkeeping requirements. (a) General recordkeeping requirements. (1) The occurrence and duration of each malfunction of operation ( i.e., (2) The occurrence and duration of each malfunction of the air pollution control equipment; (3) All maintenance performed on the air pollution control equipment; (4) Actions taken during periods of malfunction to minimize emissions in accordance with § 63.1259(c) and the dates of such actions (including corrective actions to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation); (5) All required measurements needed to demonstrate compliance with the standard and to support data that the source is required to report, including, but not limited to, performance test measurements (including initial and any subsequent performance tests) and measurements as may be necessary to determine the conditions of the initial test or subsequent tests; (6) All results of initial or subsequent performance tests; (7) If the owner or operator has been granted a waiver from recordkeeping or reporting requirements under § 63.10(f) of subpart A of this part, any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements; (8) If the owner or operator has been granted a waiver from the initial performance test under § 63.7(h) of subpart A of this part, a copy of the full request and the Administrator's approval or disapproval; (9) All documentation supporting initial notifications and notifications of compliance status required by § 63.9 of subpart A of this part; and (10) Records of any applicability determination, including supporting analyses. (b) Subpart CCC records. (i) Scrubber makeup water flow rate and recirculation water flow rate if a wet scrubber is used; (ii) Calibration and manufacturer certification that monitoring devices are accurate to within 5 percent; and (iii) Each maintenance inspection and repair, replacement, or other corrective action. (2) The owner or operator of an acid regeneration plant shall also maintain records for 5 years from the date of each record of process offgas temperature and parameters that determine proportion of excess air. (3) The owner or operator shall keep the written operation and maintenance plan on record after it is developed to be made available for inspection, upon request, by the Administrator for the life of the affected source or until the source is no longer subject to the provisions of this subpart. In addition, if the operation and maintenance plan is revised, the owner or operator shall keep previous (i.e., superseded) versions of the plan on record to be made available for inspection by the Administrator for a period of 5 years after each revision to the plan. (c) Recent records. [64 FR 33218, June 22, 1999, as amended at 77 FR 58251, Sept. 19, 2012] § 63.1166 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (8) of this section. (1) Approval of alternatives to the requirements in §§ 63.1155, 63.1157 through 63.1159, and 63.1160(a). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of any alternative measurement methods for HCl and CL 2 (4) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (5) Approval of any alternative monitoring requirements to those specified in §§ 63.1162(a)(2) through (5) and 63.1162(b)(1) through (3). (6) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (7) Waiver of recordkeeping requirements specified in § 63.1165. (8) Approval of an alternative schedule for conducting performance tests to the requirement specified in § 63.1162(a)(1). [68 FR 37356, June 23, 2003] §§ 63.1167-63.1174 [Reserved] Table 1 to Subpart CCC of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart CCC Reference Applies to Subpart CCC Explanation 63.1-63.5 Yes. 63.6 (a)-(d) Yes 63.6(e)(1)(i) No See § 63.1259(c) for general duty requirement. Any cross-reference to § 63.6(e)(1)(i) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.1259(c). 63.6(e)(1)(ii) No 63.6(e)(1)(iii) Yes 63.6(e)(2) No Section reserved. 63.6(e)(3) No 63.6(f)(1) No 63.6(f)(2)-(3) Yes 63.6(g) Yes 63.6(h) No Subpart CCC does not contain an opacity or visible emission standard. 63.6 (i)-(j) Yes. 63.7 Yes 63.8(a)-(c) Yes 63.8(d)(1)-(2) Yes 63.8(d)(3) Yes, except for last sentence 63.8(e)-(f) Yes 63.9(j) Yes 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) Yes 63.10(b)(2)(i) No 63.10(b)(2)(ii) No See § 63.1265(a)(1) for recordkeeping of occurrence and duration of malfunctions. See § 63.1265(a)(4) for recordkeeping of actions taken during malfunction. Any cross-reference to § 63.10(b)(2)(ii) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.1265(a)(1). 63.10(b)(2)(iii) Yes 63.10(b)(2)(iv)-(b)(2)(v) No 63.10(b)(2)(vi)-(b)(2)(xiv) Yes 63.10(b)(3) Yes 63.10(c)(1)-(9) Yes 63.10(c)(10) No See § 63.1164(c) for reporting malfunctions. Any cross-reference to § 63.10(c)(10) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.1164(c). 63.10(c)(11) No See § 63.1164(c) for reporting malfunctions. Any cross-reference to § 63.10(c)(11) in any other general provision incorporated by reference shall be treated as a cross-reference to § 63.1164(c). 63.10(c)(12)-(c)(14) Yes 63.10(c)(15) No 63.10(d)(1)-(2) Yes. 63.10(d)(3) No Subpart CCC does not contain an opacity or visible emission standard. 63.10(d)(4) Yes 63.10(d)(5) No 63.10(e)-(f) Yes. 63.11 No Subpart CCC does not require the use of flares. 63.12-63.15 Yes [64 FR 33218, June 22, 1999, as amended at 77 FR 58252, Sept. 19, 2012; 85 FR 73897, Nov. 19, 2020] Subpart DDD—National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production Source: 64 FR 29503, June 1, 1999, unless otherwise noted. § 63.1175 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants emitted from existing, new, and reconstructed cupolas and curing ovens at facilities that produce mineral wool. § 63.1176 Where can I find definitions of key words used in this subpart? The definitions of key words used in this subpart are in the Clean Air Act (Act), in § 63.2 of the general provisions in subpart A of this part, and in § 63.1196 of this subpart. § 63.1177 Am I subject to this subpart? You are subject to this subpart if you own or operate an existing, new, or reconstructed mineral wool production facility that is located at a plant site that is a major source of hazardous air pollutant (HAP) emissions, meaning the plant emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAPs at a rate of 22.68 megagrams (25 tons) or more per year. Standards § 63.1178 For cupolas, what standards must I meet? (a) You must control emissions from each cupola as specified in Table 2 to this subpart. (b) You must meet the following operating limits for each cupola: (1) Begin within one hour after the alarm on a bag leak detection system sounds, and complete in a timely manner, corrective actions as specified in your operations, maintenance, and monitoring plan required by § 63.1187 of this subpart. (2) When the alarm on a bag leak detection system sounds for more than five percent of the total operating time in a six-month reporting period, develop and implement a written quality improvement plan (QIP) consistent with the compliance assurance monitoring requirements of § 64.8(b)-(d) of 40 CFR part 64. (3) Additionally, on or after the applicable compliance date for each new or reconstructed cupola, you must either: (i) Maintain the operating temperature of the incinerator so that the average operating temperature for each three-hour block period never falls below the average temperature established during the performance test, or (ii) Maintain the percent excess oxygen in the cupola at or above the level established during the performance test. You must determine the percent excess oxygen using the following equation: Where: Percent excess oxygen = Percentage of excess oxygen present above the stoichiometric balance of 1.00, (%). 1.00 = Ratio of oxygen in a cupola combustion chamber divided by the stoichiometric quantity of oxygen required to obtain complete combustion of fuel. Oxygen available = Quantity of oxygen introduced into the cupola combustion zone. Fuel demand for oxygen = Required quantity of oxygen for stoichiometric combustion of the quantity of fuel present. [64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015] § 63.1179 For curing ovens or combined collection/curing operations, what standards must I meet? (a) You must control emissions from each curing oven or combined collection/curing operations as specified in Table 2 to this subpart. (b) You must meet the following operating limits for each curing oven or combined collection/curing operation: (1) Maintain the free-formaldehyde content of each resin lot and the formaldehyde content of each binder formulation at or below the specification ranges of the resin and binder used during the performance test. (2) Maintain the operating temperature of each incinerator so that the average operating temperature for each three-hour block period never falls below the average temperature established during the performance test. [64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015] § 63.1180 When must I meet these standards? (a) Cupolas and curing ovens or combined collection/curing operations. You must comply with the emissions limits specified in Table 2 to this subpart no later than the dates specified in Table 2 to this subpart. (b) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [80 FR 45329, July 29, 2015] Compliance With Standards § 63.1181 How do I comply with the particulate matter standards for existing, new, and reconstructed cupolas? To comply with the PM standards, you must meet all of the following: (a) Install, adjust, maintain, and continuously operate a bag leak detection system for each fabric filter. (b) Do a performance test as specified in § 63.1188 of this subpart and show compliance with the PM emission limits while the bag leak detection system is installed, operational, and properly adjusted. (c) Begin corrective actions specified in your operations, maintenance, and monitoring plan required by § 63.1187 of this subpart within one hour after the alarm on a bag leak detection system sounds. Complete the corrective actions in a timely manner. (d) Develop and implement a written QIP consistent with compliance assurance monitoring requirements of 40 CFR 64.8(b) through (d) when the alarm on a bag leak detection system sounds for more than five percent of the total operating time in a six-month reporting period. § 63.1182 How do I comply with the carbon monoxide, carbonyl sulfide, hydrogen fluoride, and hydrogen chloride standards for existing, new, and reconstructed cupolas? To comply with the carbon monoxide, carbonyl sulfide, hydrogen fluoride, and hydrogen chloride standards, you must meet the following: (a) Install, calibrate, maintain, and operate a device that continuously measures the operating temperature in the firebox of each thermal incinerator. (b) Conduct a performance test as specified in § 63.1188 that shows compliance with the carbon monoxide, carbonyl sulfide, hydrogen fluoride, and hydrogen chloride emissions limits specified in Table 2 to this subpart, while the device for measuring incinerator operating temperature is installed, operational, and properly calibrated. Establish the average operating temperature based on the performance test as specified in § 63.1185(a). (c) Following the performance test, measure and record the average operating temperature of the incinerator as specified in § 63.1185(b) of this subpart. (d) Maintain the operating temperature of the incinerator so that the average operating temperature for each three-hour block period never falls below the average temperature established during the performance test. (e) Operate and maintain the incinerator as specified in your operations, maintenance, and monitoring plan required by § 63.1187 of this subpart. [64 FR 29503, June 1, 1999, as amended at 80 FR 45329, July 29, 2015] § 63.1183 How do I comply with the formaldehyde, phenol, and methanol standards for existing, new, and reconstructed combined collection/curing operations? To comply with the formaldehyde, phenol, and methanol standards, you must meet all of the following: (a) Install, calibrate, maintain, and operate a device that continuously measures the operating temperature in the firebox of each thermal incinerator. (b) Conduct a performance test as specified in § 63.1188 while manufacturing the product that requires a binder formulation made with the resin containing the highest free-formaldehyde content specification range. Show compliance with the formaldehyde, phenol, and methanol emissions limits, specified in Table 2 to this subpart, while the device for measuring the control device operating parameter is installed, operational, and properly calibrated. Establish the average operating parameter based on the performance test as specified in § 63.1185(a). (c) During the performance test that uses the binder formulation made with the resin containing the highest free-formaldehyde content specification range, record the free-formaldehyde content specification range of the resin used, and the formulation of the binder used, including the formaldehyde content and binder specification. (d) Following the performance test, monitor and record the free-formaldehyde content of each resin lot and the formulation of each batch of binder used, including the formaldehyde, phenol, and methanol content. (e) Maintain the free-formaldehyde content of each resin lot and the formaldehyde content of each binder formulation at or below the specification ranges established during the performance test. (f) Following the performance test, measure and record the average operating temperature of the incinerator as specified in § 63.1185(b) of this subpart. (g) Maintain the operating temperature of the incinerator so that the average operating temperature for each three-hour block period never falls below the average temperature established during the performance test. (h) Operate and maintain the incinerator as specified in your operations, maintenance, and monitoring plan required by § 63.1187 of this subpart. (i) With prior approval from the Administrator, you may do short-term experimental production runs using resin where the free-formaldehyde content, or binder formulations where the formaldehyde content, is higher than the specification ranges of the resin and binder used during previous performance tests, or using experimental pollution prevention process modifications without first doing additional performance tests. Notification of intent to perform a short-term experimental production run must include the following information: (1) The purpose of the experimental run. (2) The affected production process. (3) How the resin free-formaldehyde content or binder formulation will deviate from previously approved levels or what the experimental pollution prevention process modifications are. (4) The duration of the experimental run. (5) The date and time of the experimental run. (6) A description of any emissions testing to be done during the experimental run. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] Additional Monitoring Information § 63.1184 What do I need to know about the design specifications, installation, and operation of a bag leak detection system? A bag leak detection system must meet the following requirements: (a) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (b) The sensor on the bag leak detection system must provide output of relative PM emissions. (c) The bag leak detection system must have an alarm that will sound automatically when it detects an increase in relative PM emissions greater than a preset level. (d) The alarm must be located in an area where appropriate plant personnel will be able to hear it. (e) For a positive-pressure fabric filter, each compartment or cell must have a bag leak detector. For a negative-pressure or induced-air fabric filter, the bag leak detector must be installed downstream of the fabric filter. If multiple bag leak detectors are required (for either type of fabric filter), detectors may share the system instrumentation and alarm. (f) Each triboelectric bag leak detection system must be installed, operated, adjusted, and maintained so that it follows EPA's “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015, September 1997). Other bag leak detection systems must be installed, operated, adjusted, and maintained so that they follow the manufacturer's written specifications and recommendations. (g) At a minimum, initial adjustment of the system must consist of establishing the baseline output in both of the following ways: (1) Adjust the range and the averaging period of the device. (2) Establish the alarm set points and the alarm delay time. (h) After initial adjustment, the range, averaging period, alarm set points, or alarm delay time may not be adjusted except as specified in the operations, maintenance, and monitoring plan required by § 63.1187 of this subpart. In no event may the range be increased by more than 100 percent or decreased by more than 50 percent over a 365 day period unless a responsible official as defined in § 63.2 of the general provisions in subpart A of this part certifies in writing to the Administrator that the fabric filter has been inspected and found to be in good operating condition. § 63.1185 How do I establish the average operating temperature of an incinerator? (a) During the performance test, you must establish the average operating temperature of an incinerator as follows: (1) Continuously measure the operating temperature of the incinerator. (2) Determine and record the average temperatures in consecutive 15-minute blocks. (3) Determine and record the arithmetic average of the recorded average temperatures measured in consecutive 15-minute blocks for each of the one-hour performance test runs. (4) Determine and record the arithmetic average of the three one-hour average temperatures during the performance test runs. The average of the three one-hour performance test runs establishes the temperature level to use to monitor compliance. (b) To comply with the requirements for maintaining the operating temperature of an incinerator after the performance test, you must measure and record the average operating temperature of the incinerator as required by §§ 63.1182 and 63.1183 of this subpart. This average operating temperature of the incinerator is based on the arithmetic average of the one-hour average temperatures for each consecutive three-hour period and is determined in the same manner described in paragraphs (a)(1) through (a)(4) of this section. § 63.1186 How may I change the compliance levels of monitored parameters? You may change control device and process operating parameter levels established during performance tests and used to monitor compliance if you do the following: (a) You must notify the Administrator of your desire to expand the range of a control device or process operating parameter level. (b) Upon approval from the Administrator, you must conduct additional performance tests at the proposed new control device or process operating parameter levels. Before operating at these levels, the performance test results must verify that, at the new levels, you comply with the emission limits in §§ 63.1178 and 63.1179 of this subpart. § 63.1187 What do I need to know about operations, maintenance, and monitoring plans? (a) An operations, maintenance, and monitoring plan must be submitted to the Administrator for review and approval as part of your application for the title V permit. (b) The operations, maintenance, and monitoring plan must include the following: (1) Process and control device parameters you will monitor to determine compliance, along with established operating levels or ranges for each process or control device. (2) A monitoring schedule. (3) Procedures for properly operating and maintaining control devices used to meet the standards in §§ 63.1178 and 63.1179 of this subpart. These procedures must include an inspection of each incinerator at least once per year. At a minimum, you must do the following as part of an incinerator inspection: (i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation. Clean pilot sensor if necessary. (ii) Ensure proper adjustment of combustion air, and adjust if necessary. (iii) Inspect, when possible, all internal structures (such as baffles) to ensure structural integrity per the design specifications. (iv) Inspect dampers, fans, and blowers for proper operation. (v) Inspect motors for proper operation. (vi) Inspect, when possible, combustion chamber refractory lining. Clean, and repair or replace lining if necessary. (vii) Inspect incinerator shell for proper sealing, corrosion, and/or hot spots. (viii) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments. (ix) Generally observe whether the equipment is maintained in good operating condition. (x) Complete all necessary repairs as soon as practicable. (4) Procedures for keeping records to document compliance. (5) Corrective actions you will take if process or control device parameters vary from the levels established during performance testing. For bag leak detection system alarms, example corrective actions that may be included in the operations, maintenance, and monitoring plan include: (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media, or otherwise repairing the control device. (iv) Sealing off a defective fabric filter compartment. (v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate emissions. Performance Tests and Methods § 63.1188 What performance test requirements must I meet? You must meet the following performance test requirements: (a) All monitoring systems and equipment must be installed, operational, and properly calibrated before the performance tests. (b) Conduct a performance test, consisting of three test runs, for each cupola and curing oven or combined collection/curing operation subject to this subpart at the maximum production rate to demonstrate compliance with each of the applicable emissions limits specified in Table 2 to this subpart. (c) Following the initial performance or compliance test to be conducted within 180 days of the effective date of this rule, you must conduct a performance test to demonstrate compliance with each of the applicable emissions limits specified in Table 2 to this subpart, at least once every 5 years. (d) To demonstrate compliance with the applicable emission limits specified in Table 2 to this subpart, measure emissions of PM, carbon monoxide, carbonyl sulfide, hydrogen fluoride, and hydrogen chloride from each existing, new, or reconstructed cupola. (e) To demonstrate compliance with the applicable emission limits specified in Table 2 to this subpart, measure emissions of formaldehyde, phenol, and methanol from each existing, new, or reconstructed curing oven or combined collection/curing operation. (f) To demonstrate compliance with the applicable emission limits specified in Table 2 to this subpart, measure emissions at the outlet of the control device for PM, carbon monoxide, carbonyl sulfide, hydrogen fluoride, hydrogen chloride, formaldehyde, phenol, and methanol. (g) To determine the average melt rate, measure and record the amount of raw materials, excluding coke, charged into and melted in each cupola during each performance test run. Determine and record the average hourly melt rate for each performance test run. Determine and record the arithmetic average of the average hourly melt rates associated with the three performance test runs. The average hourly melt rate of the three performance test runs is used to determine compliance with the applicable emission limits. (h) Compute and record the average emissions of the three performance test runs and use the equations in § 63.1190 of this subpart to determine compliance with the applicable emission limits. (i) Comply with control device and process operating parameter monitoring requirements for performance testing as specified in this subpart. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] § 63.1189 What test methods do I use? You must use the following test methods to determine compliance with the applicable emission limits: (a) Method 1 in appendix A to part 60 of this chapter for the selection of the sampling port locations and number of sampling ports. (b) Method 2 in appendix A to part 60 of this chapter for stack gas velocity and volumetric flow rate. (c) Method 3 or 3A in appendix A to part 60 of this chapter for oxygen and carbon dioxide for diluent measurements needed to correct the concentration measurements to a standard basis. (d) Method 4 in appendix A to part 60 of this chapter for moisture content of the stack gas. (e) Method 5 in appendix A to part 60 of this chapter for the concentration of PM. Each PM test run must consist of a minimum run time of three hours and a minimum sample volume of 3.75 dscm (135 dscf). (f) Method 10 in appendix A to part 60 of this chapter for the concentration of CO, using the continuous sampling option described in section 7.1.1 of the method. Each CO test run must consist of a minimum run time of one hour. (g) Method 318 at 40 CFR part 60, appendix A to this part for the concentration of formaldehyde, phenol, methanol, and carbonyl sulfide. (h) Method to determine the free-formaldehyde content of each resin lot in appendix A of this subpart. (i) Method 26A or 320 at 40 CFR part 60, appendix A to this part for the concentration of hydrogen fluoride and hydrogen chloride. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] § 63.1190 How do I determine compliance? (a) Using the results of the performance tests, you must use the following equation to determine compliance with the PM emission limit: where: E = Emission rate of PM, kg/Mg (lb/ton) of melt. C = Concentration of PM, g/dscm (gr/dscf). Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr). K 5 1 P = Average melt rate, Mg/hr (ton/hr). (b) Using the results from the performance tests, you must use the following equation to determine compliance with the carbon monoxide, carbonyl sulfide, hydrogen fluoride, hydrogen chloride, formaldehyde, phenol, and methanol numerical emissions limits as specified in Table 2 to this subpart: where: E = Emission rate of measured pollutant, kg/Mg (lb/ton) of melt. C = Measured volume fraction of pollutant, ppm. MW = Molecular weight of measured pollutant, g/g-mole: Carbon monoxide = 28.01, carbonyl sulfide = 60.07, hydrogen fluoride = 20.01, hydrogen chloride = 36.46, Formaldehyde = 30.03, Phenol = 94.11, Methanol = 32.04. CO = 28.01, Formaldehyde = 30.03. Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr). K 1 K 2 3 3 K 3 P = Average melt rate, Mg/hr (ton/hr). [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] Notification, Recordkeeping, and Reporting § 63.1191 What notifications must I submit? You must submit written or electronic notifications to the Administrator as required by § 63.9(b) through (h). Electronic notifications are encouraged when possible. These notifications include, but are not limited to, the following: (a) Notification that the following types of sources are subject to the standard: (1) An area source that increases its emissions so that it becomes a major source. (2) A source that has an initial startup before the effective date of the standard. (3) A new or reconstructed source that has an initial startup after the effective date of the standard and doesn't require an application for approval of construction or reconstruction under § 63.5(d) of the general provisions in subpart A of this part. (b) Notification of intention to construct a new major source or reconstruct a major source where the initial startup of the new or reconstructed source occurs after the effective date of the standard and an application for approval of construction or reconstruction under § 63.5(d) of the general provisions in subpart A of this part is required. (c) Notification of special compliance obligations for a new source that is subject to special compliance requirements in § 63.6(b)(3) and (4) of the general provisions in subpart A of this part. (d) Notification of a performance test at least 60 calendar days before the performance test is scheduled to begin. (e) Notification of compliance status. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] § 63.1192 What recordkeeping requirements must I meet? You must meet the following recordkeeping requirements: (a) Maintain files of all information required by § 63.10(b) of the general provisions in subpart A of this part, including all notifications and reports. (b) Maintain records of the following information also: (1) Cupola production (melt) rate (Mg/hr (tons/hr) of melt). (2) All bag leak detection system alarms. Include the date and time of the alarm, when corrective actions were initiated, the cause of the alarm, an explanation of the corrective actions taken, and when the cause of the alarm was corrected. (3) The free-formaldehyde content of each resin lot and the binder formulation, including formaldehyde content, of each binder batch used in the manufacture of bonded products. (4) Incinerator operating temperature and results of incinerator inspections. For all periods when the average temperature in any three-hour block period fell below the average temperature established during the performance test, and all periods when the inspection identified incinerator components in need of repair or maintenance, include the date and time of the problem, when corrective actions were initiated, the cause of the problem, an explanation of the corrective actions taken, and when the cause of the problem was corrected. (c) Retain each record for at least five years following the date of each occurrence, measurement, corrective action, maintenance, record, or report. The most recent two years of records must be retained at the facility. The remaining three years of records may be retained off site. (d) Records must be maintained in a form suitable and readily available for expeditious review, according to § 63.10 of the General Provisions that are referenced in Table 1 to this subpart. Electronic recordkeeping is encouraged. (e) Report the required information on paper or on a labeled computer disk using commonly available and compatible computer software. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] § 63.1193 What reports must I submit? You must prepare and submit reports to the Administrator as required by this subpart and § 63.10 of the general provisions in subpart A of this part. These reports include, but are not limited to, the following: (a) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (a)(1) or (2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (b) [Reserved] (c) A report of each event as required by § 63.10(b) of the general provisions in subpart A of this part, including a report if an action taken during a startup, shutdown, or malfunction is inconsistent with the procedures in the plan as described in § 63.6(e)(3) of the general provisions in subpart A of this part. (d) An operations, maintenance, and monitoring plan as specified in § 63.1187 of this subpart. (e) A semiannual report as required by § 63.10(e)(3) of the general provisions in subpart A of this part if measured emissions exceed the applicable standard or a monitored parameter varies from the level established during performance testing. The report must contain the information specified in § 63.10(c) of the general provisions, as well as the relevant records required by § 63.1192(b) of this subpart. (f) A semiannual report stating that no excess emissions or deviations of monitored parameters occurred during the reporting period as required by § 63.10(e)(3)(v) of the general provisions in subpart A of this part if no deviations have occurred. (g) All reports required by this subpart not subject to the requirements in paragraph (a) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (a) of this section in paper format. [64 FR 29503, June 1, 1999, as amended at 80 FR 45330, July 29, 2015] Other Requirements and Information § 63.1194 Which general provisions apply? The general provisions in subpart A of this part define requirements applicable to all owners and operators affected by NESHAP in part 63. See Table 1 of this subpart for general provisions that apply (or don't apply) to you as an owner or operator subject to the requirements of this subpart. § 63.1195 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1177 through 63.1180. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37356, June 23, 2003] § 63.1196 What definitions should I be aware of? Terms used in this subpart are defined in the Act, in § 63.2 of the general provisions in subpart A of this part, and in this section as follows: Bag leak detection system Bonded product Closed-top cupola CO Combined collection/curing operations Cupola Curing oven Fabric filter Formaldehyde Hazardous air pollutant I Incinerator Melt Melt rate Mineral wool New Source Open-top cupola PM Slag You [76 FR 74708, Dec. 1, 2011, as amended at 80 FR 45331, July 29, 2015] § 63.1197 Startups and shutdowns. (a) The provisions set forth in this subpart apply at all times. (b) You must not shut down items of equipment that are utilized for compliance with this subpart during times when emissions are being, or are otherwise required to be, routed to such items of equipment. (c) Startup begins when fuels are ignited in the cupola. Startup ends when the cupola produces molten material. (d) Shutdown begins when the cupola has reached the end of the melting campaign and is empty. No molten material continues to flow from the cupola during shutdown. (e) During periods of startups and shutdowns you must operate your cupola according to one of the following methods: (1) You must keep records showing that your emissions were controlled using air pollution control devices operated at the parameters established by the most recent performance test that showed compliance with the standard; or (2) You must keep records showing the following: (i) You used only clean fuels during startup and shutdown; and (ii) You operate the cupola during startup and shutdown with three percent oxygen over the fuel demand for oxygen. [80 FR 45331, July 29, 2015] §§ 63.1198-63.1199 [Reserved] Table 1 to Subpart DDD of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart DDD of Part 63 General provisions Requirement Applies to subpart DDD? Explanation § 63.1(a)(1)-(6) General Applicability Yes § 63.1(a)(7)-(9) No [Reserved]. § 63.1(a)(10)-(12) Yes § 63.1(b)(1) Initial Applicability Determination Yes § 63.1(b)(2) No [Reserved]. § 63.1(b)(3) Yes § 63.1(c)(1)-(2) Applicability After Standard Established Yes § 63.1(c)(3)-(4) No [Reserved]. § 63.1(c)(5)-(e) Yes § 63.2 Definitions Yes § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(a)(3)-(5) No [Reserved]. § 63.4(b)-(c) Yes § 63.5(a)(1)-(b)(2) Construction/Reconstruction Applicability Yes § 63.5(b)(3)-(4) Yes § 63.5(b)(5) No [Reserved]. § 63.5(b)(6) Yes § 63.5(c) No [Reserved]. § 63.5(d)-(f) Yes § 63.6(a)-(d) Yes § 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.1180(d) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No § 63.1187(b) specifies additional requirements. § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) Startup, Shutdown, Malfunction (SSM) Plan No Startups and shutdowns addressed in § 63.1197. § 63.6(f)(1) SSM Exemption No § 63.6(f)(2)-(g) Yes § 63.6(h)(1) SSM Exemption No § 63.6(h)(2)-(j) Yes § 63.7(a)-(d) Performance Testing Requirements Yes § 63.7(e)(1) Conduct of Performance Tests No See § 63.1180. § 63.7(e)(2)-(f) Yes § 63.7(g)(1) Data Analysis, Recordkeeping, and Reporting Yes § 63.7(g)(2) No [Reserved]. § 63.7(g)(3)-(h) Yes § 63.8(a)-(b) Monitoring Requirements Yes § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.1180(e) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No § 63.8(c)(2)-(d)(2) Yes § 63.8(d)(3) Written Procedures for CMS Yes, except for last sentence, which refers to SSM plan. SSM plans are not required. § 63.8(e)-(g) Yes § 63.9(a) Applicability and General Information Yes § 63.9(b)(1)-(2) Initial Notifications Yes § 63.9(b)(3) No [Reserved]. § 63.9(b)(4)-(b)(5) Yes § 63.9(c)-(j) Yes § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping and Reporting Requirements Yes § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No § 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.1193(c) for recordkeeping of (ii) occurrence and duration and (iii) actions taken during malfunction. § 63.10(b)(2)(iii) Maintenance Records Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM No § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes § 63.10(b)(3) Recordkeeping Requirement for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes § 63.10(c)(9) No [Reserved]. § 63.10(c)(10)-(11) No See § 63.1192 for recordkeeping of malfunctions. § 63.10(c)(12)-(14) Yes § 63.10(c)(15) Use of SSM Plan No § 63.10(d)(1)-(4) General Reporting Requirements Yes § 63.10(d)(5) SSM Reports No See § 63.1193(f) for reporting of malfunctions. § 63.10(e)-(f) Additional CMS Reports Excess Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Yes § 63.11(a)-(b) Control Device Requirements Applicability Flares No Flares will not be used to comply with the emissions limits. § 63.11(c) Alternative Work Practice for Monitoring Equipment for Leaks Yes § 63.11(d) Alternative Work Practice Standard Yes § 63.11(e) Yes § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Information Availability/Confidentiality Yes § 63.16 Performance Track Provisions Yes [80 FR 45331, July 29, 2015, as amended at 85 FR 73897, Nov. 19, 2020; 85 FR 84262, Dec. 28, 2020] Table 2 to Subpart DDD of Part 63—Emissions Limits and Compliance Dates If your source is a: And you commenced construction: Your emission limits are: 1 And you must comply by: 2 1. Cupola On or before May 8, 1997 0.10 lb PM per ton of melt June 2, 2002. 2. Cupola After May 8, 1997 0.10 lb PM per ton of melt June 1, 1999. 3. Cupola On or before May 8, 1997 a. 0.10 lb carbon monoxide (CO) per ton of melt, 3 3 June 2, 2002. 4. Cupola After May 8, 1997 but on or before November 25, 2011 a. 0.10 lb CO per ton of melt, 3 3 June 1, 1999. 5. Closed-top cupola On or before November 25, 2011 3.4 lb of carbonyl sulfide (COS) per ton melt July 30, 2018. 6. Closed-top cupola After November 25, 2011 0.062 lb of COS per ton melt July 29, 2015. 4 7. Open-top cupola On or before November 25, 2011 6.8 lb of COS per ton melt July 30, 2018. 8. Open-top cupola After November 25, 2011 3.2 lb of COS per ton melt July 29, 2015. 4 9. Cupola using slag as a raw material On or before November 25, 2011 0.16 lb of hydrogen fluoride (HF) per ton melt July 30, 2018. 10. Cupola using slag as a raw material After November 25, 2011 0.015 lb of HF per ton melt July 29, 2015. 4 11. Cupola not using slag as a raw material On or before November 25, 2011 0.13 lb of HF per ton melt July 30, 2018. 12. Cupola not using slag as a raw material After November 25, 2011 0.018 lb of HF per ton melt July 29, 2015. 4 17. Curing oven On or before May 8, 1997 a. 0.06 lb of formaldehyde per ton of melt, 3 3 June 2, 2002. 18. Curing oven After May 8, 1997 but before November 25, 2011 a. 0.06 lb of formaldehyde per ton of melt, 3 3 June 1, 1999. 19. Combined drum collection/curing operation On or before November 25, 2011 0.17 lb of formaldehyde per ton of melt July 30, 2018. 20. Combined drum collection/curing operation After November 25, 2011 0.17 lb of formaldehyde per ton of melt July 29, 2015. 4 21. Combined horizontal collection/curing operation On or before November 25, 2011 0.63 lb of formaldehyde per ton of melt July 30, 2018. 22. Combined horizontal collection/curing operation After November 25, 2011 0.63 lb of formaldehyde per ton of melt July 29, 2015. 4 23. Combined vertical collection/curing operation On or before November 25, 2011 2.4 lb of formaldehyde per ton melt July 30, 2018. 24. Combined vertical collection/curing operation After November 25, 2011 2.4 lb of formaldehyde per ton melt July 29, 2015. 4 1 2 3 4 [80 FR 45333, July 29, 2015] Appendix A to Subpart DDD of Part 63—Free Formaldehyde Analysis of Insulation Resins by the Hydroxylamine Hydrochloride Method 1. Scope The method in this appendix was specifically developed for water-soluble phenolic resins that have a relatively high free-formaldehyde (FF) content such as insulation resins. It may also be suitable for other phenolic resins, especially those with a high FF content. 2. Principle 2.1 a. The basis for this method is the titration of the hydrochloric acid that is liberated when hydroxylamine hydrochloride reacts with formaldehyde to form formaldoxine: HCHO + NH2OH:HCl → CH2:NOH + H2O + HCl b. Free formaldehyde in phenolic resins is present as monomeric formaldehyde, hemiformals, polyoxymethylene hemiformals, and polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react rapidly with hydroxylamine hydrochloride, but the polymeric forms of formaldehyde must hydrolyze to the monomeric state before they can react. The greater the concentration of free formaldehyde in a resin, the more of that formaldehyde will be in the polymeric form. The hydrolysis of these polymers is catalyzed by hydrogen ions. 2.2 The resin sample being analyzed must contain enough free formaldehyde so that the initial reaction with hydroxylamine hydrochloride will produce sufficient hydrogen ions to catalyze the depolymerization of the polymeric formaldehyde within the time limits of the test method. The sample should contain approximately 0.3 grams (g) free formaldehyde to ensure complete reaction within 5 minutes. 3. Apparatus 3.1 Balance, readable to 0.01 g or better. 3.2 pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7 with pH 7.0 buffer. 3.3 50-mL burette for 1.0 N sodium hydroxide. 3.4 Magnetic stirrer and stir bars. 3.5 250-mL beaker. 3.6 50-mL graduated cylinder. 3.7 100-mL graduated cylinder. 3.8 Timer. 4. Reagents 4.1 Standardized 1.0 N sodium hydroxide solution. 4.2 Hydroxylamine hydrochloride solution, 100 grams per liter, pH adjusted to 4.00. 4.3 Hydrochloric acid solution, 1.0 N and 0.1 N. 4.4 Sodium hydroxide solution, 0.1 N. 4.5 50/50 v/v mixture of distilled water and methyl alcohol. 5. Procedure 5.1 Determine the sample size as follows: a. If the expected FF is greater than 2 percent, go to Part A in 5.1.c to determine sample size. b. If the expected FF is less than 2 percent, go to Part B in 5.1.d to determine sample size. c. Part A: Expected FF ≥2 percent. Grams resin = 60/expected percent FF I. The following table shows example levels: Expected percent free formaldehyde Sample size, grams 2 30.0 5 12.0 8 7.5 10 6.0 12 5.0 15 4.0 ii. It is very important to the accuracy of the results that the sample size be chosen correctly. If the milliliters of titrant are less than 15 mL or greater than 30 mL, reestimate the needed sample size and repeat the tests. d. Part B: Expected FF <2 percent Grams resin = 30/expected percent FF I. The following table shows example levels: Expected percent free formaldehyde Sample size, grams 2 15 1 30 0.5 60 ii. If the milliliters of titrant are less than 5 mL or greater than 30 mL, reestimate the needed sample size and repeat the tests. 5.2 Weigh the resin sample to the nearest 0.01 grams into a 250-mL beaker. Record sample weight. 5.3 Add 100 mL of the methanol/water mixture and stir on a magnetic stirrer. Confirm that the resin has dissolved. 5.4 Adjust the resin/solvent solution to pH 4.0, using the prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric acid, and 0.1 N sodium hydroxide. 5.5 Add 50 mL of the hydroxylamine hydrochloride solution, measured with a graduated cylinder. Start the timer. 5.6 Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N sodium hydroxide. Record the milliliters of titrant and the normality. 6. Calculations 7. Method Precision and Accuracy Test values should conform to the following statistical precision: Variance = 0.005 Standard deviation = 0.07 95% Confidence Interval, for a single determination = 0.2 8. Author This method was prepared by K.K. Tutin and M.L. Foster, Tacoma R&D Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R. Conner.) 9. References 9.1 GPAM 2221.2. 9.2 PR&C TM 2.035. 9.3 Project Report, Comparison of Free Formaldehyde Procedures, January 1990, K. Tutin. Subpart EEE—National Emission Standards for Hazardous Air Pollutants from Hazardous Waste Combustors Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted. General § 63.1200 Who is subject to these regulations? The provisions of this subpart apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste cement kilns, hazardous waste lightweight aggregate kilns, hazardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces. Hazardous waste combustors are also subject to applicable requirements under parts 260 through 270 of this chapter. (a) What if I am an area source? (2) Major sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all states, and in areas covered by part 71 of this chapter. (3) Area sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all states, and in areas covered by part 71 of this chapter, except that a title V permitting authority may choose to exclude areas sources from the requirement to apply for and obtain a title V permit on a source-by-source basis unless the area source is otherwise required by law to obtain a title V permit. Notwithstanding whether an area source has a title V permit, you must continue to comply with the provisions of this subpart. (b) These regulations in this subpart do not apply to sources that meet the criteria in table 1 of this section, as follows: Table 1 to § 63.1200—Hazardous Waste Combustors Exempt From Subpart EEE If And if Then (1) You are a previously affected source (i) You ceased feeding hazardous waste for a period of time greater than the hazardous waste residence time (i.e., hazardous waste no longer resides in the combustion chamber); You are no longer subject to this subpart (subpart EEE). (2) You are a research, development, and demonstration source You operate for no longer than one year after first burning hazardous waste (Note that the Administrator can extend this one-year restriction on a case-by-case basis upon your written request documenting when you first burned hazardous waste and the justification for needing additional time to perform research, development, or demonstration operations). You are not subject to this subpart (Subpart EEE). This exemption applies even if there is a hazardous waste combustor at the plant site that is regulated under this subpart. You still, however, remain subject to § 270.65 of this chapter. (3) The only hazardous wastes you burn are exempt from regulation under § 266.100(c) of this chapter You are not subject to the requirements of this subpart (Subpart EEE). (4) You meet the definition of a small quantity burner under § 266.108 of this chapter You are not subject to the requirements of this subpart (Subpart EEE). (c) Table 1 of this section specifies the provisions of subpart A (General Provisions, §§ 63.1-63.15) that apply and those that do not apply to sources affected by this subpart. [64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005; 91 FR 33520, June 3, 2026] § 63.1201 Definitions and acronyms used in this subpart. (a) The terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows: Air pollution control system Automatic waste feed cutoff (AWFCO) system Btu By-pass duct Combustion chamber Continuous monitor Dioxin/furan and dioxins and furans Existing source Feedrate operating limits Feedstream Flowrate Hazardous waste Hazardous waste burning cement kiln Hazardous waste combustor Hazardous waste hydrochloric acid production furnace Hazardous Waste HCl production furnace Hazardous waste incinerator Hazardous waste lightweight aggregate kiln Hazardous waste liquid fuel boiler Hazardous waste residence time Hazardous waste solid fuel boiler Initial comprehensive performance test In-line kiln raw mill Instantaneous monitoring Monovent MTEC New source One-minute average Operating record Operating requirements Postmark Preheater tower combustion gas monitoring location Raw material feed Research, development, and demonstration source (1) Whose primary purpose is to conduct research, development, or short-term demonstration of an innovative and experimental hazardous waste treatment technology or process; and (2) Where the operations are under the close supervision of technically-trained personnel. Rolling average Run Run average System removal efficiency TEQ You (b) The acronyms used in this subpart refer to the following: AWFCO CAS CEMS CMS DRE MACT MTEC NIC [64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 65 FR 67271, Nov. 9, 2000; 66 FR 35103, July 3, 2001; 67 FR 6986, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002; 70 FR 59540, Oct. 12, 2005; 91 FR 33520, June 3, 2026] § 63.1202 [Reserved] Interim Emissions Standards and Operating Limits For Incinerators, Cement Kilns, and Lightweight Aggregate Kilns § 63.1203 What are the standards for hazardous waste incinerators that are effective until compliance with the standards under § 63.1219? (a) Emission limits for existing sources. (1) For dioxins and furans: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial particulate matter control device is 400 °F or lower based on the average of the test run average temperatures. (For purposes of compliance, operation of a wet particulate control device is presumed to meet the 400 °F or lower requirement); (2) Mercury in excess of 130 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 240 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 97 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrochloric acid and chlorine gas in excess of 77 parts per million by volume, combined emissions, expressed as hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen; and (7) Particulate matter in excess of 34 mg/dscm corrected to 7 percent oxygen. (b) Emission limits for new sources. (1) Dioxins and furans in excess of 0.20 ng TEQ/dscm, corrected to 7 percent oxygen; (2) Mercury in excess of 45 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 120 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 97 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (b)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrochloric acid and chlorine gas in excess of 21 parts per million by volume, combined emissions, expressed as hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen; and (7) Particulate matter in excess of 34 mg/dscm corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. DRE = [1−(W out in Where: W in W out (2) 99.9999% DRE. p (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) The provisions of this section no longer apply after any of the following dates, whichever occurs first: (1) The date that your source begins to comply with § 63.1219 by placing a Documentation of Compliance in the operating record pursuant to § 63.1211(c); (2) The date that your source begins to comply with § 63.1219 by submitting a Notification of Compliance pursuant to § 63.1210(b); or (3) The date for your source to comply with § 63.1219 pursuant to § 63.1206 and any extensions granted there under. [67 FR 6809, Feb. 13, 2002, as amended at 70 FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008] § 63.1204 What are the standards for hazardous waste burning cement kilns that are effective until compliance with the standards under § 63.1220? (a) Emission limits for existing sources. (1) For dioxins and furans: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 °F or lower based on the average of the test run average temperatures; (2) Mercury in excess of 120 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 330 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 56 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling system in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (ii) For kilns not equipped with a by-pass duct or midkiln gas sampling system, either: (A) Hydrocarbons in the main stack in excess of 20 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B) Carbon monoxide in the main stack in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii)(A) of this section, you also must document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons in the main stack do not exceed 20 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. (6) Hydrochloric acid and chlorine gas in excess of 130 parts per million by volume, combined emissions, expressed as hydrochloric acid equivalents, dry basis, corrected to 7 percent oxygen; and (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity greater than 20 percent. (i) You must use suitable methods to determine the kiln raw material feedrate. (ii) Except as provided in paragraph (a)(7)(iii) of this section, you must compute the particulate matter emission rate, E, from the following equation: E = (C s sd Where: E = emission rate of particulate matter, kg/Mg of kiln raw material feed; C s Q sd P = total kiln raw material feed (dry basis), Mg/hr. (iii) If you operate a preheater or preheater/precalciner kiln with dual stacks, you must test simultaneously and compute the combined particulate matter emission rate, E c E c sk sdk sb sdb Where: E c C sk Q sdk C sb Q sdb P = total kiln raw material feed (dry basis), Mg/hr. (b) Emission limits for new sources. (1) For dioxins and furans: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 °F or lower based on the average of the test run average temperatures; (2) Mercury in excess of 120 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 180 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 54 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (A) Emissions in the by-pass or midkiln gas sampling system are limited to either: ( 1 2 ( 2 (B) Hydrocarbons in the main stack are limited, if construction of the kiln commenced after April 19, 1996 at a plant site where a cement kiln (whether burning hazardous waste or not) did not previously exist, to 50 parts per million by volume, over a 30-day block average (monitored continuously with a continuous monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. (ii) For kilns not equipped with a by-pass duct or midkiln gas sampling system, hydrocarbons and carbon monoxide are limited in the main stack to either: (A) Hydrocarbons not exceeding 20 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B)( 1 ( 2 ( 3 (6) Hydrochloric acid and chlorine gas in excess of 86 parts per million, combined emissions, expressed as hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen; and (7) Particulate matter in excess of 0.15 kg/Mg dry feed and opacity greater than 20 percent. (i) You must use suitable methods to determine the kiln raw material feedrate. (ii) Except as provided in paragraph (a)(7)(iii) of this section, you must compute the particulate matter emission rate, E, from the equation specified in paragraph (a)(7)(ii) of this section. (iii) If you operate a preheater or preheater/precalciner kiln with dual stacks, you must test simultaneously and compute the combined particulate matter emission rate, E c (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. DRE=[1−(W out in Where: W in W out (2) 99.9999% DRE. p (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Cement kilns with in-line kiln raw mills General. (ii) You must document in the operating record each time you change from one mode of operation to the alternate mode and begin complying with the operating parameter limits for that alternate mode of operation. (iii) You must calculate rolling averages for operating parameter limits as provided by § 63.1209(q)(2). (iv) If your in-line kiln raw mill has dual stacks, you may assume that the dioxin/furan emission levels in the by-pass stack and the operating parameter limits determined during performance testing of the by-pass stack when the raw mill is off-line are the same as when the mill is on-line. (2) Emissions averaging. (i) Averaging methodology. C total mill-off mill-off mill-off mill-on mill-on mill-on mill-off mill-on Where: C total C mill-off C mill-on T mill-off T mill-on (ii) Compliance. (B) Compliance is based on one-year block averages beginning on the day you submit the initial notification of compliance. (iii) Notification. (B) You must include historical raw mill operation data in the performance test plan to estimate future raw mill down-time and document in the performance test plan that estimated emissions and estimated raw mill down-time will not result in an exceedance of an emission standard on an annual basis. (C) You must document in the notification of compliance submitted under § 63.1207(j) that an emission standard will not be exceeded based on the documented emissions from the performance test and predicted raw mill down-time. (e) Preheater or preheater/precalciner kilns with dual stacks General. (2) Emissions averaging. (i) Averaging methodology. C tot main main main bypass bypass bypass main bypass Where: C tot C main C bypass Q main Q bypass (ii) Compliance. (B) You must develop operating parameter limits for bypass stack and main stack flowrates that ensure the emission concentrations calculated with the equation in paragraph (e)(1) of this section do not exceed the emission standards on a 12-hour rolling average basis. You must include these flowrate limits in the Notification of Compliance. (iii) Notification. (A) Notify the Administrator in the initial comprehensive performance test plan submitted under § 63.1207(e). The performance test plan must include, at a minimum, information describing the flowrate limits established under paragraph (e)(2)(ii)(B) of this section; and (B) Document in the Notification of Compliance submitted under § 63.1207(j) the demonstrated gas flowrate-weighted average emissions that you calculate with the equation provided by paragraph (e)(2) of this section. (f) Significant figures. (g) [Reserved] (h) When you comply with the particulate matter requirements of paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New Source Performance Standard for particulate matter and opacity under § 60.60 of this chapter. (i) The provisions of this section no longer apply after any of the following dates, whichever occurs first: (1) The date that your source begins to comply with § 63.1220 by placing a Documentation of Compliance in the operating record pursuant to § 63.1211(c); (2) The date that your source begins to comply with § 63.1220 by submitting a Notification of Compliance pursuant to § 63.1210(b); or (3) The date for your source to comply with § 63.1220 pursuant to § 63.1206 and any extensions granted there under. [67 FR 6809, Feb. 13, 2002, as amended at 67 FR 6987, Feb. 14, 2002; 70 FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008] § 63.1205 What are the standards for hazardous waste burning lightweight aggregate kilns that are effective until compliance with the standards under § 63.1221? (a) Emission limits for existing sources. (1) For dioxins and furans: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Rapid quench of the combustion gas temperature at the exit of the (last) combustion chamber (or exit of any waste heat recovery system) to 400 °F or lower based on the average of the test run average temperatures. You must also notify in writing the RCRA authority that you are complying with this option; (2) Mercury in excess of 120 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 250 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 110 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrochloric acid and chlorine gas in excess of 600 parts per million by volume, combined emissions, expressed as hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen; and (7) Particulate matter in excess of 57 mg/dscm corrected to 7 percent oxygen. (b) Emission limits for new sources. (1) For dioxins and furans: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Rapid quench of the combustion gas temperature at the exit of the (last) combustion chamber (or exit of any waste heat recovery system) to 400 °F or lower based on the average of the test run average temperatures. You must also notify in writing the RCRA authority that you are complying with this option; (2) Mercury in excess of 120 µg/dscm corrected to 7 percent oxygen; (3) Lead and cadmium in excess of 43 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 110 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrochloric acid and chlorine gas in excess of 600 parts per million by volume, combined emissions, expressed as hydrochloric acid equivalents, dry basis and corrected to 7 percent oxygen; and (7) Particulate matter in excess of 57 mg/dscm corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. DRE = [1—(W out in Where: W in W out (2) 99.9999% DRE. (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) The provisions of this section no longer apply after any of the following dates, whichever occurs first: (1) The date that your source begins to comply with § 63.1221 by placing a Documentation of Compliance in the operating record pursuant to § 63.1211(c); (2) The date that your source begins to comply with § 63.1221 by submitting a Notification of Compliance pursuant to § 63.1210(b); or (3) The date for your source to comply with § 63.1221 pursuant to § 63.1206 and any extensions granted there under. [67 FR 6812, Feb. 13, 2002, as amended at 67 FR 77691, Dec. 19, 2002; 70 FR 59541, Oct. 12, 2005; 73 FR 18979, Apr. 8, 2008] Monitoring and Compliance Provisions § 63.1206 When and how must you comply with the standards and operating requirements? (a) Compliance dates Compliance dates for incinerators, cement kilns, and lightweight aggregate kilns that burn hazardous waste Compliance date for standards under §§ 63.1203, 63.1204, and 63.1205 Compliance dates for existing sources. ( 1 ( 2 ( 3 (B) New or reconstructed sources. 1 1 3 2 ( 2 (ii) Compliance date for standards under §§ 63.1219, 63.1220, and 63.1221 1 ( 2 (B) New or reconstructed sources. 1 2 4 ( 2 ( 3 ( 4 (2) Compliance date for solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces that burn hazardous waste for standards under §§ 63.1216, 63.1217, and 63.1218 Compliance date for existing sources. (B) You must comply with the emission standards of this subpart for hydrogen fluoride and hydrogen cyanide no later than June 3, 2029, unless the Administrator grants you an extension of time under § 63.6(i) or § 63.1213. (ii) New or reconstructed sources. (B)( 1 ( 2 (3) Early compliance. (b) Compliance with standards Applicability. (i) During periods of startup, shutdown, and malfunction, only the requirements specified in § 63.1206(c)(2), (c)(10), and (c)(11) apply; and (ii) When hazardous waste is not in the combustion chamber ( i.e., e.g., (2) Methods for determining compliance. (3) Finding of compliance. (4) Extension of compliance with emission standards. (5) Changes in design, operation, or maintenance Changes that may adversely affect compliance. (A) Notification. ( 1 ( 2 (B) Performance test. (C) Restriction on waste burning. 1 ( 2 (ii) Changes that will not affect compliance. (iii) Definition of “change.” (6) Compliance with the carbon monoxide and hydrocarbon emission standards. (i) If a DRE test performed pursuant to § 63.1207(c)(2) is acceptable as documentation of compliance with the DRE standard, you may use the highest hourly rolling average hydrocarbon level achieved during the DRE test runs to document compliance with the hydrocarbon standard. An acceptable DRE test is any test for which the data and results are determined to meet quality assurance objectives (on a site-specific basis) such that the results adequately demonstrate compliance with the DRE standard. (ii) If during this acceptable DRE test you did not obtain hydrocarbon emissions data sufficient to document compliance with the hydrocarbon standard, you must either: (A) Perform, as part of the performance test, an “equivalent DRE test” to document compliance with the hydrocarbon standard. An equivalent DRE test is comprised of a minimum of three runs each with a minimum duration of one hour during which you operate the combustor as close as reasonably possible to the operating parameter limits that you established based on the initial DRE test. You must use the highest hourly rolling average hydrocarbon emission level achieved during the equivalent DRE test to document compliance with the hydrocarbon standard; or (B) Perform a DRE test as part of the performance test. (7) Compliance with the DRE standard. (A) You must document compliance with the Destruction and Removal Efficiency (DRE) standard under this subpart only once provided that you do not modify the source after the DRE test in a manner that could affect the ability of the source to achieve the DRE standard. (B) You may use any DRE test data that documents that your source achieves the required level of DRE provided: ( 1 ( 2 (ii) Sources that feed hazardous waste at locations other than the normal flame zone. (B)( 1 ( i ( ii ( iii ( 2 (iii) For sources that do not use DRE previous testing to document conformance with the DRE standard pursuant to § 63.1207(c)(2), you must perform DRE testing during the initial comprehensive performance test. (8) [Reserved] (9) Alternative standards for existing or new hazardous waste burning lightweight aggregate kilns using MACT. (A) You cannot achieve one or more of these standards while using maximum achievable control technology (MACT) because of raw material contributions to emissions of mercury, semivolatile metals, low volatile metals, or hydrogen chloride/chlorine gas; or (B) You determine that mercury is not present at detectable levels in your raw material. (ii) The alternative standard that you recommend under paragraph (b)(9)(i)(A) of this section may be an operating requirement, such as a hazardous waste feedrate limitation for metals and/or chlorine, and/or an emission limitation. (iii) The alternative standard must include a requirement to use MACT, or better, applicable to the standard for which the source is seeking relief, as defined in paragraphs (b)(9)(viii) and (ix) of this section. (iv) Documentation required. (B) Alternative standard petitions that you submit under paragraph (b)(9)(i)(B) of this section must include data or information documenting that mercury is not present at detectable levels in raw materials. (v) You must include data or information with semivolatile metal and low volatility metal alternative standard petitions that you submit under paragraph (b)(9)(i)(A) of this section documenting that increased chlorine feedrates associated with the burning of hazardous waste, when compared to non-hazardous waste operations, do not significantly increase metal emissions attributable to raw materials. (vi) You must include data or information with semivolatile metals, low volatile metals, and hydrogen chloride/chlorine gas alternative standard petitions that you submit under paragraph (b)(9)(i)(A) of this section documenting that semivolatile metals, low volatile metals, and hydrogen chloride/chlorine gas emissions attributable to the hazardous waste only will not exceed the emission standards of this subpart. (vii) You must not operate pursuant to your recommended alternative standards in lieu of emission standards specified in this subpart: (A) Unless the Administrator approves the provisions of the alternative standard petition request or establishes other alternative standards; and (B) Until you submit a revised Notification of Compliance that incorporates the revised standards. (viii) For purposes of this alternative standard provision, MACT for existing hazardous waste burning lightweight aggregate kilns is defined as: (A) For mercury, a hazardous waste feedrate corresponding to an MTEC of 24 µg/dscm or less; (B) For semivolatile metals, a hazardous waste feedrate corresponding to an MTEC of 280,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 57 mg/dscm or less; (C) For low volatile metals, a hazardous waste feedrate corresponding to an MTEC of 120,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 57 mg/dscm or less; and (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine feedrate corresponding to an MTEC of 2,000,000 µg/dscm or less, and use of an air pollution control device with a hydrogen chloride/chlorine gas removal efficiency of 85 percent or greater. (ix) For purposes of this alternative standard provision, MACT for new hazardous waste burning lightweight aggregate kilns is defined as: (A) For mercury, a hazardous waste feedrate corresponding to an MTEC of 4 µg/dscm or less; (B) For semivolatile metals, a hazardous waste feedrate corresponding to an MTEC of 280,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 57 mg/dscm or less; (C) For low volatile metals, a hazardous waste feedrate corresponding to an MTEC of 46,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 57 mg/dscm or less; (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine feedrate corresponding to an MTEC of 14,000,000 µg/dscm or less, and use of an air pollution control device with a hydrogen chloride/chlorine gas removal efficiency of 99.6 percent or greater. (10) Alternative standards for existing or new hazardous waste burning cement kilns using MACT. (A) You cannot achieve one or more of these standards while using maximum achievable control technology (MACT) because of raw material contributions to emissions of mercury, semivolatile metals, low volatile metals, or hydrogen chloride/chlorine gas; or (B) You determine that mercury is not present at detectable levels in your raw material. (ii) The alternative standard that you recommend under paragraph (b)(10)(i)(A) of this section may be an operating requirement, such as a hazardous waste feedrate limitation for metals and/or chlorine, and/or an emission limitation. (iii) The alternative standard must include a requirement to use MACT, or better, applicable to the standard for which the source is seeking relief, as defined in paragraphs (b)(10)(viii) and (ix) of this section. (iv) Documentation required. (B) Alternative standard petitions that you submit under paragraph (b)(10)(i)(B) of this section must include data or information documenting that mercury is not present at detectable levels in raw materials. (v) You must include data or information with semivolatile metal and low volatile metal alternative standard petitions that you submit under paragraph (b)(10)(i)(A) of this section documenting that increased chlorine feedrates associated with the burning of hazardous waste, when compared to non-hazardous waste operations, do not significantly increase metal emissions attributable to raw materials. (vi) You must include data or information with semivolatile metals, low volatile metals, and hydrogen chloride/chlorine gas alternative standard petitions that you submit under paragraph (b)(10)(i)(A) of this section documenting that emissions of the regulated metals and hydrogen chloride/chlorine gas attributable to the hazardous waste only will not exceed the emission standards in this subpart. (vii) You must not operate pursuant to your recommended alternative standards in lieu of emission standards specified in this subpart: (A) Unless the Administrator approves the provisions of the alternative standard petition request or establishes other alternative standards; and (B) Until you submit a revised Notification of Compliance that incorporates the revised standards. (viii) For purposes of this alternative standard provision, MACT for existing hazardous waste burning cement kilns is defined as: (A) For mercury, a hazardous waste feedrate corresponding to an MTEC of 88 µg/dscm or less; (B) For semivolatile metals, a hazardous waste feedrate corresponding to an MTEC of 31,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 0.15 kg/Mg dry feed or less; (C) For low volatile metals, a hazardous waste feedrate corresponding to an MTEC of 54,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 0.15 kg/Mg dry feed or less; and (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine feedrate corresponding to an MTEC of 720,000 µg/dscm or less. (ix) For purposes of this alternative standard provision, MACT for new hazardous waste burning cement kilns is defined as: (A) For mercury, a hazardous waste feedrate corresponding to an MTEC of 7 µg/dscm or less; (B) For semivolatile metals, a hazardous waste feedrate corresponding to an MTEC of 31,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 0.15 kg/Mg dry feed or less; (C) For low volatile metals, a hazardous waste feedrate corresponding to an MTEC of 15,000 µg/dscm or less, and use of a particulate matter control device that achieves particulate matter emissions of 0.15 kg/Mg dry feed or less; (D) For hydrogen chloride/chlorine gas, a hazardous waste chlorine feedrate corresponding to an MTEC of 420,000 µg/dscm or less. (11) Calculation of hazardous waste residence time. (12) Documenting compliance with the standards based on performance testing. (ii) You must document compliance with the emission standards based on the arithmetic average of the emission results of each run, except that you must document compliance with the destruction and removal efficiency standard for each run of the comprehensive performance test individually. (13) Cement kilns and lightweight aggregate kilns that feed hazardous waste at a location other than the end where products are normally discharged and where fuels are normally fired. (A) For existing sources, you must not discharge or cause combustion gases to be emitted into the atmosphere that contain either: ( 1 ( 2 ( 3 (B) For new sources, you must not discharge or cause combustion gases to be emitted into the atmosphere that contain either: ( 1 ( 2 i ( ii ( 3 i ( ii (ii) Lightweight aggregate kilns that feed hazardous waste at a location other than the end where products are normally discharged and where fuels are normally fired must comply with the hydrocarbon standards of this subpart as follows: (A) Existing sources must comply with the 20 parts per million by volume hydrocarbon standard of this subpart; (B) New sources must comply with the 20 parts per million by volume hydrocarbon standard of this subpart. (14) Alternative to the particulate matter standard for incinerators General. (ii) Alternative metal emission control requirements for existing incinerators. (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 97 µg/dscm, combined emissions, corrected to 7 percent oxygen. (iii) Alternative metal emission control requirements for new incinerators. (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 97 µg/dscm, combined emissions, corrected to 7 percent oxygen. (iv) Operating limits. (15) Alternative to the interim standards for mercury for cement and lightweight aggregate kilns General. (ii) Operating requirement. (iii) To document compliance with the operating requirement of paragraph (b)(15)(ii) of this section, you must: (A) Monitor and record the feedrate of mercury for each hazardous waste feedstream according to § 63.1209(c); (B) Monitor with a CMS and record in the operating record the gas flowrate (either directly or by monitoring a surrogate parameter that you have correlated to gas flowrate); (C) Continuously calculate and record in the operating record a MTEC assuming mercury from all hazardous waste feedstreams is emitted; (D) Interlock the MTEC calculated in paragraph (b)(15)(iii)(C) of this section to the AWFCO system to stop hazardous waste burning when the MTEC exceeds the operating requirement of paragraph (b)(15)(ii) of this section. (iv) In lieu of the requirement in paragraph (b)(15)(iii) of this section, you may: (A) Identify in the Notification of Compliance a minimum gas flowrate limit and a maximum feedrate limit of mercury from all hazardous waste feedstreams that ensures the MTEC calculated in paragraph (b)(15)(iii)(C) of this section is below the operating requirement of paragraph (b)(15)(ii) of this section; and (B) Interlock the minimum gas flowrate limit and maximum feedrate limits in paragraph (b)(15)(iv)(A) of this section to the AWFCO system to stop hazardous waste burning when the gas flowrate or mercury feedrate exceeds the limits in paragraph (b)(15)(iv)(A) of this section. (v) Notification requirement. (16) Compliance with subcategory standards for liquid fuel boilers. (i) You must determine the as-fired heating value of each batch of hazardous waste fired by each firing system of the boiler so that you know the mass-weighted heating value of the hazardous waste fired at all times. (ii) If the as-fired heating value of the hazardous waste is 10,000 Btu per pound or greater, you are subject to the thermal emission concentration standards (lb/million Btu) under § 63.1217. (iii) If the as-fired heating value of the hazardous waste is less than 10,000 Btu/lb, you are subject to the mass or volume emission concentration standards (µg/dscm or ppmv) under § 63.1217. (iv) If the as-fired heating value of hazardous wastes varies above and below 10,000 Btu/lb over time, you are subject to the thermal concentration standards when the heating value is 10,000 Btu/lb or greater and the mass concentration standards when the heating value is less than 10,000 Btu/lb. You may elect to comply at all times with the more stringent operating requirements that ensure compliance with both the thermal emission concentration standards and the mass or volume emission concentration standards. (c) Operating requirements General. (A) During performance tests under approved test plans according to § 63.1207(e), (f), and (g), and (B) Under the conditions of paragraph (b)(1)(i) or (ii) of this section; (ii) The Documentation of Compliance and the Notification of Compliance must contain operating requirements including, but not limited to, the operating requirements in this section and § 63.1209; (iii) Failure to comply with the operating requirements is failure to ensure compliance with the emission standards of this subpart; (iv) Operating requirements in the Notification of Compliance are applicable requirements for purposes of parts 70 and 71 of this chapter; (v) The operating requirements specified in the Notification of Compliance will be incorporated in the title V or other air permit either directly or by reference. (2) Startup, shutdown, and malfunction plan. (ii) If you elect to comply with § 270.235(a)(1)(iii), § 270.235(a)(2)(iii), or § 270.235(b)(1)(ii) of this chapter to address RCRA concerns that you minimize emissions of toxic compounds from startup, shutdown, and malfunction events (including releases from emergency safety vents), then you must comply with the requirements in paragraphs (c)(2)(ii)(A) through (C) of this section. Beginning November 30, 2026, all sources must comply with the requirements in paragraphs (c)(2)(ii)(A) through (C) of this section. (A) The startup, shutdown, and malfunction plan must include a description of potential causes of malfunctions, including releases from emergency safety vents, that may result in significant releases of hazardous air pollutants, and actions the source is taking to minimize the frequency and severity of those malfunctions. (B) You must submit the startup, shutdown, and malfunction plan to the Administrator for review and approval either postmarked within 180 days of June 3, 2026, or upon initial startup, whichever is later. You must begin complying with the submitted startup, shutdown, and malfunction plan upon postmark while awaiting the Administrator's approval. If changes are made to the startup, shutdown, and malfunction plan as a result of the approval process, sources must begin complying with the revised startup, shutdown, and malfunction plan upon notification of approval. ( 1 Approval procedure. ( i ( ii ( 2 Responsibility of owners and operators. (C) Changes to the plan that may significantly increase emissions. 1 ( 2 (iii) You must identify in the plan a projected oxygen correction factor based on normal operations to use during periods of startup and shutdown. (iv) You must record the plan in the operating record. (v) Operating under the startup, shutdown, and malfunction plan Compliance with AWFCO requirements during malfunctions. 1 ( 2 ( i ( ii ( 3 Excessive exceedances during malfunctions. i.e., ( i ( ii (B) Compliance with AWFCO requirements when burning hazardous waste during startup and shutdown. 1 e.g., ( 2 1 ( 3 1 ( 4 (3) Automatic waste feed cutoff (AWFCO) General. (A) When any of the following are exceeded: Operating parameter limits specified under § 63.1209; an emission standard monitored by a CEMS; and the allowable combustion chamber pressure; (B) When the span value of any CMS detector, except a CEMS, is met or exceeded; (C) Upon malfunction of a CMS monitoring an operating parameter limit specified under § 63.1209 or an emission level; or (D) When any component of the automatic waste feed cutoff system fails. (ii) Ducting of combustion gases. i.e., (iii) Restarting waste feed. (iv) Failure of the AWFCO system. (v) Corrective measures. i.e., (vi) Excessive exceedance reporting. i.e., (B) On a case-by-case basis, the Administrator may require excessive exceedance reporting when fewer than 10 exceedances occur during a 60-day block period. (vii) Testing. (viii) Ramping down waste feed. (B) If the automatic waste feed cutoff is triggered by an exceedance of any of the following operating limits, you may not ramp down the waste feed cutoff: Minimum combustion chamber temperature, maximum hazardous waste feedrate, or any hazardous waste firing system operating limits that may be established for your combustor. (4) ESV openings Failure to meet standards. i.e., e.g., (ii) ESV operating plan. (B) The ESV operating plan must provide detailed procedures for rapidly stopping the waste feed, shutting down the combustor, and maintaining temperature and negative pressure in the combustion chamber during the hazardous waste residence time, if feasible. The plan must include calculations and information and data documenting the effectiveness of the plan's procedures for ensuring that combustion chamber temperature and negative pressure are maintained as is reasonably feasible. (iii) Corrective measures. (iv) Reporting requirements. (5) Combustion system leaks. (A) Keeping the combustion zone sealed to prevent combustion system leaks; or (B) Maintaining the maximum combustion zone pressure lower than ambient pressure using an instantaneous monitor; or (C) Upon prior written approval of the Administrator, an alternative means of control to provide control of combustion system leaks equivalent to maintenance of combustion zone pressure lower than ambient pressure; or (D) Upon prior written approval of the Administrator, other technique(s) which can be demonstrated to prevent fugitive emissions without use of instantaneous pressure limits; and (ii) You must specify in the performance test plan and Notification of Compliance the method that will be used to control combustion system leaks. If you control combustion system leaks by maintaining the combustion zone pressure lower than ambient pressure using an instantaneous monitor, you must also specify in the performance test plan and Notification of Compliance the monitoring and recording frequency of the pressure monitor, and specify how the monitoring approach will be integrated into the automatic waste feed cutoff system. (6) Operator training and certification. (ii) You must ensure that the source is operated and maintained at all times by persons who are trained and certified to perform these and any other duties that may affect emissions of hazardous air pollutants. A certified control room operator must be on duty at the site at all times the source is in operation. (iii) Hazardous waste incinerator control room operators must: (A) Be trained and certified under a site-specific, source-developed and implemented program that meets the requirements of paragraph (c)(6)(v) of this section; or (B) [Reserved] (C) Be trained and certified under a state program. (iv) Control room operators of cement kilns, lightweight aggregate kilns, solid fuel boilers, liquid fuel boilers, and hydrochloric acid production furnaces must be trained and certified under: (A) A site-specific, source-developed and implemented program that meets the requirements of paragraph (c)(6)(v) of this section; or (B) A state program. (v) Site-specific, source developed and implemented training programs for control room operators must include the following elements: (A) Training on the following subjects: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 ( 8 ( 9 (B) An examination designed and administered by the instructor; and (C) Written material covering the training course topics that may serve as reference material following completion of the course. (vi) To maintain control room operator qualification under a site-specific, source developed and implemented training program as provided by paragraph (c)(6)(v) of this section, control room operators must complete an annual review or refresher course covering, at a minimum, the following topics: (A) Update of regulations; (B) Combustor operation, including startup and shutdown procedures, waste firing, and residue handling; (C) Inspection and maintenance; (D) Responses to malfunctions or conditions that may lead to malfunction; and (E) Operating problems encountered by the operator. (vii) You must record the operator training and certification program in the operating record. (7) Operation and maintenance plan. (ii) The plan must prescribe how you will operate and maintain the combustor in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels achieved during the comprehensive performance test. (iii) This plan ensures compliance with the operation and maintenance requirements of § 63.6(e) and minimizes emissions of pollutants, automatic waste feed cutoffs, and malfunctions. (iv) You must record the plan in the operating record. (8) Bag leak detection system requirements. (A) A bag leak detection system that meets the specifications and requirements of paragraph (c)(8)(ii) of this section and you must comply with the corrective measures and notification requirements of paragraphs (c)(8)(iii) and (iv) of this section; or (B) A particulate matter detection system under paragraph (c)(9) of this section. (ii) Bag leak detection system specification and requirements. (B) The bag leak detection system shall provide output of relative or absolute particulate matter loadings; (C) The bag leak detection system shall be equipped with an alarm system that will sound an audible alarm when an increase in relative particulate loadings is detected over a preset level; (D) The bag leak detection system shall be installed and operated in a manner consistent with available written guidance from the U.S. Environmental Protection Agency or, in the absence of such written guidance, the manufacturer's written specifications and recommendations for installation, operation, and adjustment of the system; (E) The initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time; (F) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the operation and maintenance plan required under paragraph (c)(7) of this section. You must not increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365 day period unless such adjustment follows a complete baghouse inspection which demonstrates the baghouse is in good operating condition; (G) For negative pressure or induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detector shall be installed downstream of the baghouse and upstream of any wet acid gas scrubber; and (H) Where multiple detectors are required, the system's instrumentation and alarm system may be shared among the detectors. (iii) Bag leak detection system corrective measures requirements. (A) You must initiate the procedures used to determine the cause of the alarm or bag leak detection system malfunction within 30 minutes of the time the alarm first sounds; and (B) You must alleviate the cause of the alarm or bag leak detection system malfunction by taking the necessary corrective measure(s) which may include, but are not to be limited to, the following: ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (iv) Excessive exceedances notification. (A) You must keep records of the date, time, and duration of each alarm and bag leak detection system malfunction, the time corrective action was initiated and completed, and a brief description of the cause of the alarm or bag leak detection system malfunction and the corrective action taken; (B) You must record the percent of the operating time during each 6-month period that the alarm sounds and the bag leak detection system malfunctions; (C) If inspection of the fabric filter demonstrates that no corrective action is required, then no alarm time is counted; and (D) If corrective action is required, each alarm shall be counted as a minimum of 1 hour. Each bag leak detection system malfunction shall also be counted as a minimum of 1 hour. (9) Particulate matter detection system requirements. (i) PMDS requirements. (B) The particulate matter detector shall provide output of relative or absolute particulate matter loadings; (C) The PMDS shall be equipped with an alarm system that will sound an audible alarm when an increase in relative or absolute particulate loadings is detected over the set-point; (D) You must install, operate, and maintain the PMDS in a manner consistent with the provisions of paragraph (c)(9) of this section and available written guidance from the U.S. Environmental Protection Agency or, in the absence of such written guidance, the manufacturer's written specifications and recommendations for installation, operation, maintenance and quality assurance of the system. ( 1 Set-points established without extrapolation. i.e., ( 2 Set-points established with extrapolation. (E) You must include procedures for installation, operation, maintenance, and quality assurance of the PMDS in the site-specific continuous monitoring system test plan required under §§ 63.1207(e) and 63.8(e)(3); (F) Where multiple detectors are required to monitor multiple control devices, the system's instrumentation and alarm system may be shared among the detectors. (G) You must establish the alarm set-point as a 6-hour rolling average as provided by paragraphs (c)(9)(ii) through (iv) of this section; (H) Your PMDS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. You must update the 6-hour rolling average of the detector response each hour with a one-hour block average that is the average of the detector responses over each 15-minute block; and (I) If you exceed the alarm set-point (or if your PMDS malfunctions), you must comply with the corrective measures under paragraph (c)(9)(vii) of this section. (ii) Establishing the alarm set-point for operations under the Documentation of Compliance. i.e., (A) You must obtain a minimum of three pairs of EPA Method 5 or 5I data, of appendix A-3 to part 60 of this chapter, and PMDS data to establish an approximate correlation curve. Data obtained up to 60 months prior to the compliance date may be used provided that the design and operation of the combustor or PMDS has not changed in a manner that may adversely affect the correlation of PM concentrations and PMDS response. (B) You must request approval from the regulatory authority, in the continuous monitoring system test plan, of your determination whether multiple correlation curves are needed considering the design and operation of your combustor and PMDS. (C) You must approximate the correlation of the reference method data to the PMDS data. ( 1 ( 2 ( i ( ii ( iii e.g., ( iv i iii e.g., ( 3 (D) You must establish the alarm set-point as the PMDS response that corresponds to a PM concentration that is 50% of the PM emission standard or 125% of the highest PM concentration used to develop the correlation, whichever is greater. For reference method data that were obtained from runs during a test condition where controllable operating factors were held constant, you must use the average of the test run averages of PM concentrations for extrapolating the alarm set-point. The PM emission concentration used to extrapolate the alarm set-point must not exceed the PM emission standard, however. (iii) Establishing the initial alarm set-point for operations under the Notification of Compliance. (A) Establishing the initial set-point without extrapolation. 1 ( 2 (B) Establishing the initial set-point by extrapolation. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (iv) Revising the Notification of Compliance alarm set-point Revising set-points established without extrapolation. (B) Revising set-points established with extrapolation. (v) Quality assurance Set-points established without extrapolation. i.e., (B) Set-points established with extrapolation. (vi) PMDS are used for compliance assurance only. (vii) PMDS corrective measures requirements. (A) You must initiate the procedures used to determine the cause of the alarm or PMDS malfunction within 30 minutes of the time the alarm first sounds or the PMDS malfunctions; and (B) You must alleviate the cause of the alarm or the PMDS malfunction by taking the necessary corrective measure(s) which may include shutting down the combustor. (viii) Excessive exceedances notification. (A) You must keep records of the date, time, and duration of each alarm and PMDS malfunction, the time corrective action was initiated and completed, and a brief description of the cause of the alarm or PMDS malfunction and the corrective action taken; (B) You must record the percent of the operating time during each 6-month period that the alarm sounds and the PMDS malfunctions; (C) If inspection of the emission control device demonstrates that no corrective action is required, then no alarm time is counted; and (D) If corrective action to the emission control device is required, each alarm shall be counted as a minimum of 1 hour. Each PMDS malfunction shall also be counted as a minimum of 1 hour. (10) Requirements for periods of startup Startup. (A) For incinerators, startup begins with the firing of supplemental fuel in the combustion chamber or with transitioning from a period of shutdown. All air pollution control devices must be in operation as expeditiously as possible and prior to the introduction of any waste material that is not supplemental fuel into the hazardous waste combustor. Startup ends once the system has stabilized but no later than 15 minutes after either hazardous waste that is not fed in accordance with § 63.1206(c)(2)(v)(B) or any waste material that is not supplemental fuel is fed into the hazardous waste combustor, whichever occurs first. (B) For cement kilns and lightweight aggregate kilns, startup begins when a kiln either begins firing supplemental fuel or transitions from a period of shutdown. All air pollution control devices must be in operation as expeditiously as possible and prior to the introduction of kiln feed or any waste material that is not supplemental fuel into the kiln. Startup ends 120 minutes after the continuous introduction of kiln feed, when the feed rate exceeds 60 percent of the kiln design limitation rate, or 15 minutes after hazardous waste that is not fed in accordance with § 63.1206(c)(2)(v)(B) is fed into the hazardous waste combustor, whichever occurs first. Cement kilns may fire traditional fuels as defined in § 241.2 of this chapter once the hazardous waste combustor achieves 1200 degrees Fahrenheit measured at a location that best represents, as practicable, the bulk gas temperature in the combustion zone and all air pollution control devices are operational. (C) For solid fuel boilers and liquid fuel boilers, startup begins with either the first-ever firing of supplemental fuel in a boiler for the purpose of supplying useful thermal energy (such as heat or steam) for heating, cooling, or process purposes, or producing electricity or the firing of fuel in a boiler for any purpose after a shutdown event. All air pollution control devices must be in operation as expeditiously as possible and prior to the introduction of any waste material that is not supplemental fuel into the boiler. Startup ends at the earliest of the following: four hours after when the boiler supplies useful thermal energy (such as heat or steam) for heating, cooling, or process purposes; the boiler produces electricity; or 15 minutes after either hazardous waste that is not fed in accordance with § 63.1206(c)(2)(v)(B) or any waste material that is not supplemental fuel is fed into the boiler. (D) For hydrochloric acid production furnaces, startup begins when a hydrochloric acid production furnace either begins firing supplemental fuel or transitions from a period of shutdown. All air pollution control devices must be in operation as expeditiously as possible and prior to the introduction of any waste material that is not supplemental fuel into the hydrochloric acid production furnace. Startup ends either 120 minutes after the continuous introduction of materials intended to produce hydrochloric acid to the hydrochloric acid production furnace or 15 minutes after either hazardous waste that is not fed in accordance with § 63.1206(c)(2)(v)(B) or any waste material that is not supplemental fuel is fed into the hydrochloric acid production furnace, whichever is earlier. (E) Notwithstanding paragraphs (A) through (D) of this section, transitioning from an otherwise applicable standard initiates a period of startup lasting no more than 15 minutes in duration. (ii) Beginning hazardous waste feed. (iii) Supplemental fuel. (A) For solid fuel boilers, coal is included in the definition of supplemental fuel. (B) Other gas 1 fuels means a gaseous fuel that is not natural gas, refinery gas, or a hazardous waste and does not exceed a maximum mercury concentration of 40 micrograms per cubic meter of gas. The basis for determining that any gas qualifies as an other gas 1 fuel must be specified in the startup, shutdown, and malfunction plan. (iv) Startup, shutdown, and malfunction plan. (11) Requirements for periods of shutdown Shutdown. (A) For incinerators, shutdown begins when hazardous waste feed to the combustion chamber has been cut off for a period of time not less than the hazardous waste residence time and the feed of non-hazardous waste materials to the combustion chamber is cut off and ends when fire is extinguished in the combustion chamber, the incinerator enters another mode of operation, or when a startup is initiated. (B) For cement kilns and lightweight aggregate kilns, shutdown begins when hazardous waste feed to the combustion chamber has been cut off for a period of time not less than the hazardous waste residence time and kiln feed is halted and ends when continuous kiln rotation ceases, the kiln enters another mode of operation, or when a startup is initiated. (C) For solid fuel boilers and liquid fuel boilers, shutdown begins when the boiler no longer supplies useful thermal energy (such as heat or steam) for heating, cooling, or process purposes and/or generates electricity or when no fuel is being fed to the boiler, whichever is earlier, and when hazardous waste feed to the combustion chamber has been cut off for a period of time not less than the hazardous waste residence time. Shutdown ends when the boiler no longer supplies useful thermal energy (such as steam or heat) for heating, cooling, or process purposes and/or generates electricity, and no fuel is being combusted in the boiler, the boiler enters another mode of operation, or when startup is initiated. (D) For hydrochloric acid production furnaces, shutdown begins when hazardous waste feed to the combustion chamber has been cut off for a period of time not less than the hazardous waste residence time and raw material feed to the hydrochloric acid production furnace is halted. Shutdown ends when the hydrochloric acid production furnace flame is extinguished, the hydrochloric acid production furnace enters another mode of operation, or when a startup is initiated. (ii) Hazardous waste feed. (iii) Supplemental fuel. (iv) Startup, shutdown, and malfunction plan. [91 FR 33520, June 3, 2026] § 63.1207 What are the performance testing requirements? (a) General. (b) Types of performance tests Comprehensive performance test. (2) Confirmatory performance test. (i) Demonstrate compliance with the dioxin/furan emission standard when the source operates under normal operating conditions; and (ii) Conduct a performance evaluation of continuous monitoring systems required for compliance assurance with the dioxin/furan emission standard under § 63.1209(k). (3) One-Time Dioxin/Furan Test for Sources Not Subject to a Numerical Dioxin/Furan Standard. (i) You must conduct the dioxin/furan emissions test no later than the deadline for conducting the initial comprehensive performance test. (ii) You may use dioxin/furan emissions data from previous testing to meet this requirement, provided that: (A) The testing was conducted under feed and operating conditions that are most likely to reflect daily maximum operating variability, similar to a dioxin/furan compliance test; (B) You have not changed the design or operation of the source in a manner that could significantly affect stack gas dioxin/furan emission concentrations; and (C) The data meet quality assurance objectives that may be determined on a site-specific basis. (iii) You may use dioxin/furan emissions data from a source to represent emissions from another on-site source in lieu of testing ( i.e., (iv) You must include the results of the one-time dioxin/furan emissions test with the results of the initial comprehensive performance test in the Notification of Compliance. (v) You must repeat the dioxin/furan emissions test if you change the design or operation of the source in a manner that may increase dioxin/furan emissions. (vi) Sources that are required to perform the one-time dioxin/furan test pursuant to paragraph (b)(3) of this section are not required to perform confirmatory performance tests. (c) Initial comprehensive performance test Test date. (2) Data in lieu of the initial comprehensive performance test. (A) Was initiated after 54 months prior to the compliance date, except as provided by paragraph (c)(2)(iii) or (iv) of this section; (B) Results in data that meet quality assurance objectives (determined on a site-specific basis) such that the results demonstrate compliance with the applicable standards; (C) Was in conformance with the requirements of paragraph (g)(1) of this section; and (D) Was sufficient to establish the applicable operating parameter limits under § 63.1209. (ii) You must submit data in lieu of the initial comprehensive performance test in lieu of ( i.e., (iii) The data in lieu test age restriction provided in paragraph (c)(2)(i)(A) of this section does not apply for the duration of the interim standards ( i.e., Federal Register Federal Register (iv) The data in lieu test age restriction provided in paragraph (c)(2)(i)(A) of this section does not apply to DRE data provided you do not feed hazardous waste at a location in the combustion system other than the normal flame zone. (3) For hydrogen fluoride and hydrogen cyanide emission standards, the Notification of Compliance for the initial compliance test must be postmarked no later than the relevant compliance dates in § 63.1206(a). Data in lieu of the initial demonstration of compliance may be submitted in accordance with paragraph (c)(2) of this section. The initial compliance test must follow the notification requirements prescribed for a comprehensive performance test, and may coincide with a comprehensive performance test. After the initial compliance test, compliance with hydrogen fluoride and hydrogen cyanide emission limits must be demonstrated during each subsequent comprehensive performance test. (d) Frequency of testing. (1) Comprehensive performance testing. (2) Confirmatory performance testing. (3) Duration of testing. (4) Applicable testing requirements under the interim standards Waiver of periodic comprehensive performance tests. (ii) Waiver of confirmatory performance tests. (e) Notification of performance test and CMS performance evaluation, and approval of test plan and CMS performance evaluation plan. (i) Comprehensive performance test. (A) The Administrator will notify you of approval or intent to deny approval of the site-specific test plan and CMS performance evaluation test plan within 9 months after receipt of the original plan. (B) You must submit to the Administrator a notification of your intention to conduct the comprehensive performance test at least 60 calendar days before the test is scheduled to begin. (ii) Confirmatory performance test. (2) You must make your site-specific test plan and CMS performance evaluation test plan available to the public for review no later than 60 calendar days before initiation of the test. You must issue a public notice to all persons on your facility/public mailing list (developed pursuant to §§ 70.7(h), 71.11(d)(3)(i)(E) and 124.10(c)(1)(ix) of this chapter) announcing the availability of the test plans and the location where the test plans are available for review. The test plans must be accessible to the public for 60 calendar days, beginning on the date that you issue your public notice. The location must be unrestricted and provide access to the public during reasonable hours and provide a means for the public to obtain copies. The notification must include the following information at a minimum: (i) The name and telephone number of the source's contact person; (ii) The name and telephone number of the regulatory agency's contact person; (iii) The location where the test plans and any necessary supporting documentation can be reviewed and copied; (iv) The time period for which the test plans will be available for public review; and (v) An expected time period for commencement and completion of the performance test and CMS performance evaluation test. (3) Petitions for time extension if Administrator fails to approve or deny test plans. (i) Qualifications for the waiver. (B) You must submit a site-specific emissions testing plan and a continuous monitoring system performance evaluation test plan at least one year before a comprehensive performance test is scheduled to begin as required by paragraph (c)(1) of this section, or at least 60 days before a confirmatory performance test is scheduled to begin as required by paragraph (d) of this section. The test plans must include all required documentation, including the substantive content requirements of paragraph (f) of this section and § 63.8(e); and (C) You must make a good faith effort to accommodate the Administrator's comments on the test plans. (ii) Procedures for obtaining a waiver and duration of the waiver. (B) The Administrator will approve or deny the petition within 30 days of receipt and notify you promptly of the decision; (C) The Administrator will not approve an individual waiver petition for a duration exceeding 6 months; (D) The Administrator will include a sunset provision in the waiver ending the waiver within 6 months; (E) You may submit a revised petition to renew the waiver under § 63.7(h)(3)(iii) at least 60 days prior to the end date of the most recently approved waiver petition; (F) The Administrator may approve a revised petition for a total waiver period up to 12 months. (iii) Content of the waiver. (B) You must include in the petition information justifying your request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the affected source performing the required test, as required by § 63.7(h)(3)(iii). (iv) Public notice. e.g., (A) The name and telephone number of the source's contact person; (B) The name and telephone number of the regulatory agency's contact person; (C) The date the source submitted its site-specific performance test plan and CMS performance evaluation test plans; and (D) The length of time requested for the waiver. (f) Content of performance test plan. (1) Content of comprehensive performance test plan. (A) Heating value, levels of ash (for hazardous waste incinerators only), levels of semivolatile metals, low volatile metals, mercury, and total chlorine (organic and inorganic); and (B) Viscosity or description of the physical form of the feedstream; (ii) For organic hazardous air pollutants established by 42 U.S.C. 7412(b)(1), as amended by subpart C of this part: (A) Except as provided by paragraph (f)(1)(ii)(D) of this section, an identification of such organic hazardous air pollutants that are present in each hazardous waste feedstream. You need not analyze for organic hazardous air pollutants that would reasonably not be expected to be found in the feedstream. You must identify any constituents you exclude from analysis and explain the basis for excluding them. You must conduct the feedstream analysis according to § 63.1208(b)(8); (B) An approximate quantification of such identified organic hazardous air pollutants in the hazardous waste feedstreams, within the precision produced by analytical procedures of § 63.1208(b)(8); and (C) A description of blending procedures, if applicable, prior to firing the hazardous waste feedstream, including a detailed analysis of the materials prior to blending, and blending ratios. (D) The Administrator may approve on a case-by-case basis a hazardous waste feedstream analysis for organic hazardous air pollutants in lieu of the analysis required under paragraph (f)(1)(ii)(A) of this section if the reduced analysis is sufficient to ensure that the POHCs used to demonstrate compliance with the applicable DRE standards of this subpart continue to be representative of the most difficult to destroy organic compounds in your hazardous waste feedstreams; (iii) A detailed engineering description of the hazardous waste combustor, including: (A) Manufacturer's name and model number of the hazardous waste combustor; (B) Type of hazardous waste combustor; (C) Maximum design capacity in appropriate units; (D) Description of the feed system for each feedstream; (E) Capacity of each feed system; (F) Description of automatic hazardous waste feed cutoff system(s); (G) Description of the design, operation, and maintenance practices for any air pollution control system; and (H) Description of the design, operation, and maintenance practices of any stack gas monitoring and pollution control monitoring systems; (iv) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis; (v) A detailed test schedule for each hazardous waste for which the performance test is planned, including date(s), duration, quantity of hazardous waste to be burned, and other relevant factors; (vi) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feedrate for each feed system, and, as appropriate, the feedrates of other fuels and feedstocks, and any other relevant parameters that may affect the ability of the hazardous waste combustor to meet the emission standards; (vii) A description of, and planned operating conditions for, any emission control equipment that will be used; (viii) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction; (ix) A determination of the hazardous waste residence time as required by § 63.1206(b)(11); (x) If you are requesting to extrapolate metal feedrate limits from comprehensive performance test levels under § 63.1209(l)(1)(v) or (n)(2)(vii): (A) A description of the extrapolation methodology and rationale for how the approach ensures compliance with the emission standards; (B) Documentation of the historical range of normal ( i.e., (C) Documentation that the level of spiking recommended during the performance test will mask sampling and analysis imprecision and inaccuracy to the extent that the extrapolated feedrate limits adequately assure compliance with the emission standards; (xi) If you do not continuously monitor regulated constituents in natural gas, process air feedstreams, and feedstreams from vapor recovery systems under § 63.1209(c)(5), you must include documentation of the expected levels of regulated constituents in those feedstreams; (xii) Documentation justifying the duration of system conditioning required to ensure the combustor has achieved steady-state operations under performance test operating conditions, as provided by paragraph (g)(1)(iii) of this section; (xiii) For cement kilns with in-line raw mills, if you elect to use the emissions averaging provision of this subpart, you must notify the Administrator of your intent in the initial (and subsequent) comprehensive performance test plan, and provide the information required by the emission averaging provision; (xiv) For preheater or preheater/precalciner cement kilns with dual stacks, if you elect to use the emissions averaging provision of this subpart, you must notify the Administrator of your intent in the initial (and subsequent) comprehensive performance test plan, and provide the information required by the emission averaging provision; (xv) If you are subject to the work practice standard under § 63.1209(s)(1) and are complying under § 63.1209(s)(1)(iii), the demonstration of maximum hydrogen fluoride MTEC and plan for a one-time hydrogen fluoride emissions test if required; (xvi) If you are not required to conduct performance testing to document compliance with the mercury, semivolatile metals, low volatile metals, hydrogen fluoride, or hydrogen chloride/chlorine gas emission standards under paragraph (m) of this section, you must include with the comprehensive performance test plan documentation of compliance with the provisions of that section. (xvii) If you propose to use a surrogate for measuring or monitoring gas flowrate, you must document in the comprehensive performance test plan that the surrogate adequately correlates with gas flowrate, as required by paragraph (m)(5) of this section, and § 63.1209(j)(2), (k)(3), (m)(2)(i), (n)(5)(i), and (o)(2)(i). (xviii) You must submit an application to request alternative monitoring under § 63.1209(g)(1) not later than with the comprehensive performance test plan, as required by § 63.1209(g)(1)(iii)(A). (xix) You must document the temperature location measurement in the comprehensive performance test plan, as required by § 63.1209(j)(1)(i) and (k)(2)(i). (xx) If your source is equipped with activated carbon injection, you must document in the comprehensive performance test plan: (A) The manufacturer specifications for minimum carrier fluid flowrate or pressure drop, as required by § 63.1209(k)(6)(ii); and (B) Key parameters that affect carbon adsorption, and the operating limits you establish for those parameters based on the carbon used during the performance test, if you elect not to specify and use the brand and type of carbon used during the comprehensive performance test, as required by § 63.1209(k)(6)(iii). (xxi) If your source is equipped with a carbon bed system, and you elect not to specify and use the brand and type of carbon used during the comprehensive performance test, you must include in the comprehensive performance test plan key parameters that affect carbon adsorption, and the operating limits you establish for those parameters based on the carbon used during the performance test, as required by § 63.1209(k)(7)(ii). (xxii) If you feed a dioxin/furan inhibitor into the combustion system, you must document in the comprehensive performance test plan key parameters that affect the effectiveness of the inhibitor, and the operating limits you establish for those parameters based on the inhibitor fed during the performance test, if you elect not to specify and use the brand and type of inhibitor used during the comprehensive performance test, as required by § 63.1209(k)(9)(ii). (xxiii) If your source is equipped with a wet scrubber and you elect to monitor solids content of the scrubber liquid manually but believe that hourly monitoring of solids content is not warranted, you must support an alternative monitoring frequency in the comprehensive performance test plan, as required by § 63.1209(m)(1)(i)(B)( 1 i (xxiv) If your source is equipped with a particulate matter control device other than a wet scrubber, baghouse, or electrostatic precipitator, you must include in the comprehensive performance test plan: (A) Documentation to support the operating parameter limits you establish for the control device, as required by § 63.1209(m)(1)(iv)(A)( 4 (B) Support for the use of manufacturer specifications if you recommend such specifications in lieu of basing operating limits on performance test operating levels, as required by § 63.1209(m)(1)(iv)(D). (xxv) If your source is equipped with a dry scrubber to control hydrogen chloride and chlorine gas, you must document in the comprehensive performance test plan key parameters that affect adsorption, and the limits you establish for those parameters based on the sorbent used during the performance test, if you elect not to specify and use the brand and type of sorbent used during the comprehensive performance test, as required by § 63.1209(o)(4)(iii)(A); and (xxvi) For purposes of calculating semivolatile metal, low volatile metal, mercury, total fluorine (organic and inorganic), and total chlorine (organic and inorganic), and ash feedrate limits, a description of how you will handle performance test feedstream analytical results that determines these constituents are not present at detectable levels. (xxvii) Such other information as the Administrator reasonably finds necessary to determine whether to approve the performance test plan. (2) Content of confirmatory test plan. (ii) A description of your normal applicable operating parameter levels, as specified in paragraph (g)(2)(ii) of this section, and an explanation of how these normal levels were determined; (iii) A description of your normal chlorine operating levels, as specified in paragraph (g)(2)(iii) of this section, and an explanation of how these normal levels were determined; (iv) If you use carbon injection or a carbon bed, a description of your normal cleaning cycle of the particulate matter control device, as specified in paragraph (g)(2)(iv) of this section, and an explanation of how these normal levels were determined; (v) A detailed description of sampling and monitoring procedures including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis; (vi) A detailed test schedule for each hazardous waste for which the performance test is planned, including date(s), duration, quantity of hazardous waste to be burned, and other relevant factors; (vii) A detailed test protocol, including, for each hazardous waste identified, the ranges of hazardous waste feedrate for each feed system, and, as appropriate, the feedrates of other fuels and feedstocks, and any other relevant parameters that may affect the ability of the hazardous waste combustor to meet the dioxin/furan emission standard; (viii) A description of, and planned operating conditions for, any emission control equipment that will be used; (ix) Procedures for rapidly stopping the hazardous waste feed and controlling emissions in the event of an equipment malfunction; and (x) Such other information as the Administrator reasonably finds necessary to determine whether to approve the confirmatory test plan. (g) Operating conditions during testing. (1) Comprehensive performance testing Operations during testing. (A) Chlorine feedrate. (B) Ash feedrate. (C) Cleaning cycle of the particulate matter control device. (ii) Modes of operation. (iii) Steady-state conditions. (B) If you own or operate a hazardous waste cement kiln that recycles collected particulate matter ( i.e., i.e., (2) Confirmatory performance testing. (i) Carbon monoxide (or hydrocarbon) CEMS emissions levels must be below the emission limit established for your hazardous waste combustor; (ii) Each operating limit (specified in § 63.1209) established to maintain compliance with the dioxin/furan emission standard must be held within the range of the average value over the previous 12 months and the maximum or minimum, as appropriate, that is allowed, except as provided by paragraph (g)(2)(v) of this section. The average value is defined as the sum of the rolling average values recorded over the previous 12 months, divided by the number of rolling averages recorded during that time. The average value must not include calibration data, startup data, shutdown data, malfunction data, and data obtained when not burning hazardous waste; (iii) You must feed chlorine at normal feedrates or greater; and (iv) If the combustor is equipped with carbon injection or carbon bed, normal cleaning cycle of the particulate matter control device. (v) The Administrator may approve an alternative range to that required by paragraphs (g)(2)(i) and (ii) of this section if you document in the confirmatory performance test plan that it may be problematic to maintain the required range during the test. In addition, when making the finding of compliance, the Administrator may consider test conditions outside of the range specified in the test plan based on a finding that you could not reasonably maintain the range specified in the test plan and considering factors including whether the time duration and level of the parameter when operations were out of the specified range were such that operations during the confirmatory test are determined to be reasonably representative of normal operations. In addition, the Administrator will consider the proximity of the emission test results to the standard. (h) Operating conditions during subsequent testing. (2) Current operating parameter limits are also waived during pretesting prior to comprehensive performance testing for an aggregate time not to exceed 720 hours of operation (renewable at the discretion of the Administrator) under an approved test plan or if the source records the results of the pretesting. Pretesting means: (i) Operations when stack emissions testing for dioxin/furan, mercury, semivolatile metals, low volatile metals, particulate matter, or hydrogen chloride/chlorine gas is being performed; and (ii) Operations to reach steady-state operating conditions prior to stack emissions testing under paragraph (g)(1)(iii) of this section. (i) Time extension for subsequent performance tests. (1) You must submit in writing to the Administrator any request under this paragraph for a time extension for conducting a performance test. (2) You must include in the request for an extension for conducting a performance test the following: (i) A description of the reasons for requesting the time extension; (ii) The date by which you will commence performance testing. (3) The Administrator will notify you in writing of approval or intention to deny approval of your request for an extension for conducting a performance test within 30 calendar days after receipt of sufficient information to evaluate your request. The 30-day approval or denial period will begin after you have been notified in writing that your application is complete. The Administrator will notify you in writing whether the application contains sufficient information to make a determination within 30 calendar days after receipt of the original application and within 30 calendar days after receipt of any supplementary information that you submit. (4) When notifying you that your application is not complete, the Administrator will specify the information needed to complete the application. The Administrator will also provide notice of opportunity for you to present, in writing, within 30 calendar days after notification of the incomplete application, additional information or arguments to the Administrator to enable further action on the application. (5) Before denying any request for an extension for performance testing, the Administrator will notify you in writing of the Administrator's intention to issue the denial, together with: (i) Notice of the information and findings on which the intended denial is based; and (ii) Notice of opportunity for you to present in writing, within 15 calendar days after notification of the intended denial, additional information or arguments to the Administrator before further action on the request. (6) The Administrator's final determination to deny any request for an extension will be in writing and will set forth specific grounds upon which the denial is based. The final determination will be made within 30 calendar days after the presentation of additional information or argument (if the application is complete), or within 30 calendar days after the final date specified for the presentation if no presentation is made. (j) Notification of compliance Comprehensive performance test. (ii) Upon postmark of the Notification of Compliance, you must comply with all operating requirements specified in the Notification of Compliance in lieu of the limits specified in the Documentation of Compliance required under § 63.1211(c). (2) Confirmatory performance test. (3) See §§ 63.7(g), 63.9(h), and 63.1210(d) for additional requirements pertaining to the Notification of Compliance ( e.g., (4) Time extension. (5) Early compliance. (k) Failure to submit a timely notification of compliance. (2) Prior to submitting a revised Notification of Compliance as provided by paragraph (k)(3) of this section, you may burn hazardous waste only for the purpose of pretesting or comprehensive performance testing and only for a maximum of 720 hours (renewable at the discretion of the Administrator). (3) You must submit to the Administrator a Notification of Compliance subsequent to a new comprehensive performance test before resuming hazardous waste burning. (l) Failure of performance test (i) If you determine (based on CEM recordings, results of analyses of stack samples, or results of CMS performance evaluations) that you have exceeded any emission standard during a comprehensive performance test for a mode of operation, you must cease hazardous waste burning immediately under that mode of operation. You must make this determination within 90 days following completion of the performance test. (ii) If you have failed to demonstrate compliance with the emission standards for any mode of operation: (A) Prior to submitting a revised Notification of Compliance as provided by paragraph (l)(1)(ii)(C) of this section, you may burn hazardous waste only for the purpose of pretesting or comprehensive performance testing under revised operating conditions, and only for a maximum of 720 hours (renewable at the discretion of the Administrator), except as provided by paragraph (l)(3) of this section; (B) You must conduct a comprehensive performance test under revised operating conditions following the requirements for performance testing of this section; and (C) You must submit to the Administrator a Notification of Compliance subsequent to the new comprehensive performance test. (2) Confirmatory performance test. (i) You must submit to the Administrator for review and approval a test plan to conduct a comprehensive performance test to identify revised limits on the applicable dioxin/furan operating parameters specified in § 63.1209(k); (ii) You must submit to the Administrator a Notification of Compliance with the dioxin/furan emission standard under the provisions of paragraphs (j) and (k) of this section and this paragraph (l). You must include in the Notification of Compliance the revised limits on the applicable dioxin/furan operating parameters specified in § 63.1209(k); and (iii) Until the Notification of Compliance is submitted, you must not burn hazardous waste except for purposes of pretesting or confirmatory performance testing, and for a maximum of 720 hours (renewable at the discretion of the Administrator), except as provided by paragraph (l)(3) of this section. (3) You may petition the Administrator to obtain written approval to burn hazardous waste in the interim prior to submitting a Notification of Compliance for purposes other than testing or pretesting. You must specify operating requirements, including limits on operating parameters, that you determine will ensure compliance with the emission standards of this subpart based on available information including data from the failed performance test. The Administrator will review, modify as necessary, and approve if warranted the interim operating requirements. An approval of interim operating requirements will include a schedule for submitting a Notification of Compliance. (m) Waiver of performance test. (1) Emission standards based on exhaust gas flow rate. i.e., (A) Determine the feedrate of mercury, semivolatile metals, low volatile metals, total fluorine or fluoride, or total chlorine and chloride from all feedstreams; (B) Determine the stack gas flowrate; and (C) Calculate a MTEC for each standard assuming all mercury, semivolatile metals, low volatile metals, total fluorine (organic and inorganic), or total chlorine (organic and inorganic) from all feedstreams is emitted; (ii) To document compliance with this provision, you must: (A) Monitor and record the feedrate of mercury, semivolatile metals, low volatile metals, total fluorine and fluoride, and total chlorine and chloride from all feedstreams according to § 63.1209(c); (B) Monitor with a CMS and record in the operating record the gas flowrate (either directly or by monitoring a surrogate parameter that you have correlated to gas flowrate); (C) Continuously calculate and record in the operating record the MTEC under the procedures of paragraph (m)(1)(i) of this section; and (D) Interlock the MTEC calculated in paragraph (m)(1)(i)(C) of this section to the AWFCO system to stop hazardous waste burning when the MTEC exceeds the emission standard. (iii) In lieu of the requirement in paragraphs (m)(1)(ii)(C) and (D) of this section, you may: (A) Identify in the Notification of Compliance a minimum gas flowrate limit and a maximum feedrate limit of mercury, semivolatile metals, low volatile metals, total fluorine and fluoride, and/or total chlorine and chloride from all feedstreams that ensures the MTEC as calculated in paragraph (m)(1)(i)(C) of this section is below the applicable emission standard; and (B) Interlock the minimum gas flowrate limit and maximum feedrate limit of paragraph (m)(1)(iii)(A) of this section to the AWFCO system to stop hazardous waste burning when the gas flowrate or mercury, semivolatile metals, low volatile metals, total fluorine and fluoride, and/or total chlorine and chloride feedrate exceeds the limits of paragraph (m)(1)(iii)(A) of this section. (2) Emission standards based on hazardous waste thermal concentration. i.e., (ii) To document compliance with this provision, you must: (A) Monitor and record the feedrate of mercury, semivolatile metals, low volatile metals, and total chlorine and chloride from all hazardous waste feedstreams in accordance with § 63.1209(c); (B) Determine and record the higher heating value of each hazardous waste feed; (C) Continuously calculate and record the thermal feed rate of all hazardous waste feedstreams by summing the products of each hazardous waste feed rate multiplied by the higher heating value of that hazardous waste; (D) Continuously calculate and record the total HAP thermal feed concentration for each constituent by dividing the HAP feedrate determined in paragraph (m)(2)(ii)(A) of this section by the thermal feed rate determined in paragraph (m)(2)(ii)(C) of this section for all hazardous waste feedstreams; (E) Interlock the HAP thermal feed concentration for each constituent with the AWFCO to stop hazardous waste feed when the thermal feed concentration exceeds the applicable thermal emission standard. (3) When you determine the feedrate of mercury, semivolatile metals, low volatile metals, or total chlorine and chloride for purposes of this provision, except as provided by paragraph (m)(4) of this section, you must assume that the analyte is present at the full detection limit when the feedstream analysis determines that the analyte in not detected in the feedstream. (4) Owners and operators of hazardous waste burning cement kilns and lightweight aggregate kilns may assume that mercury is present in raw material at half the detection limit when the raw material feedstream analysis determines that mercury is not detected. (5) You must state in the site-specific test plan that you submit for review and approval under paragraph (e) of this section that you intend to comply with the provisions of this paragraph. You must include in the test plan documentation that any surrogate that is proposed for gas flowrate adequately correlates with the gas flowrate. [91 FR 33532, June 3, 2026] § 63.1208 What are the test methods? (a) [Reserved] (b) Test methods. (1) Dioxins and furans. (A) Before June 3, 2029, EPA Method 0023A, Sampling Method for Polychlorinated Dibenzo- p (B) EPA Method 23 of appendix A-7 to part 60 of this chapter. (ii) You must sample for a minimum of three hours, and you must collect a minimum sample volume of 2.5 dscm; (iii) You may assume that nondetects are present at zero concentration. (2) Mercury. (3) Cadmium and lead. (4) Arsenic, beryllium, and chromium. (5) Hydrogen chloride and chlorine gas Compliance with MACT standards (A) EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter; or (B) EPA Method 320 or 321 of appendix A to this part for hydrogen chloride and the back-half, caustic impingers of EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter to measure chlorine gas. (C) [Reserved] (ii) Compliance with risk-based limits under § 63.1215. (A) For cement kilns and sources equipped with a dry acid gas scrubber, you must use EPA Method 320 or 321 of appendix A to this part to measure hydrogen chloride, and the back-half, caustic impingers of EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter to measure chlorine gas; and (B) For incinerators, boilers, and lightweight aggregate kilns, you must use EPA Method 320 or 321 of appendix A to this part to measure hydrogen chloride, and EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter to measure total chlorine, and calculate chlorine gas by difference if: ( 1 ( 2 (6) Hydrogen fluoride. (A) EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter; or (B) EPA Method 320 of appendix A to this part. (7) Hydrogen cyanide. (A) EPA Method 320 of appendix A to this part; or (B) If there are entrained water droplet conduct the performance test according to the site-specific test plan submitted according to § 63.1207(e)(1)(i) . Any performance test, from a site with enclosed water droplets, which measures HCN concentrations, must be submitted for the Administrator's approval prior to testing according to § 63.7(f). (8) Particulate matter. (9) DRE. (10) Feedstream analytical methods. (11) Opacity. [91 FR 33539, June 3, 2026] § 63.1209 What are the monitoring requirements? (a) Continuous emissions monitoring systems (CEMS) and continuous opacity monitoring systems (COMS). (ii)(A) Cement kilns under (B) Cement kilns under (C) You must maintain and operate each COMS in accordance with the requirements of § 63.8(c) except for the requirements under § 63.8(c)(3). The requirements of § 63.1211(c) shall be complied with instead of § 63.8(c)(3); and (D) Compliance is based on a six-minute block average. (iii) [Reserved] (iv) If you operate a cement kiln subject to the provisions of this subpart and use a fabric filter with multiple stacks or an electrostatic precipitator with multiple stacks, you may, in lieu of installing the COMS required by paragraph (a)(1)(ii) of this section, comply with the opacity standard in accordance with the procedures of EPA Method 9 of appendix A-4 to part 60 of this chapter: (A) You must conduct the EPA Method 9 of appendix A-4 to part 60 of this chapter test while the affected source is operating at the highest load or capacity level reasonably expected to occur within the day; (B) The duration of the EPA Method 9 of appendix A-4 to part 60 of this chapter test shall be at least 30 minutes each day; (C) You must use EPA Method 9 of appendix A-4 to part 60 of this chapter procedures to monitor and record the average opacity for each six-minute block period during the test; and (D) To remain in compliance, all six-minute block averages must not exceed the opacity standard. (v) If you operate a cement kiln subject to the provisions of this subpart and use a particulate matter control device that exhausts through a monovent, or if the use of a COMS in accordance with the installation specification of Performance Specification 1 (PS-1) of appendix B to part 60 of this chapter is not feasible, you may, in lieu of installing the COMS required by paragraph (a)(1)(ii) of this section, comply with the opacity standard in accordance with the procedures of EPA Method 9 of appendix A-4 to part 60 of this chapter: (A) You must conduct the EPA Method 9 of appendix A-4 to part 60 of this chapter test while the affected source is operating at the highest load or capacity level reasonably expected to occur within the day; (B) The duration of the EPA Method 9 of appendix A-4 to part 60 of this chapter test shall be at least 30 minutes each day; (C) You must use EPA Method 9 of appendix A-4 to part 60 of this chapter procedures to monitor and record the average opacity for each six-minute block period during the test; and (D) To remain in compliance, all six-minute block averages must not exceed the opacity standard. (2) Performance specifications. (3) Carbon monoxide readings exceeding the span. (ii) Carbon monoxide CEMS that use a span value of 10,000 ppmv when one-minute carbon monoxide levels are equal to or exceed 3,000 ppmv are not subject to paragraph (a)(3)(i) of this section. Carbon monoxide CEMS that use a span value of 10,000 are subject to the same CEMS performance and equipment specifications when operating in the range of 3,000 ppmv to 10,000 ppmv that are provided by Performance Specification 4B of appendix B to part 60 of this chapter for other carbon monoxide CEMS, except: (A) Calibration drift must be less than 300 ppmv; and (B) Calibration error must be less than 500 ppmv. (4) Hydrocarbon readings exceeding the span. (ii) Hydrocarbon CEMS that use a span value of 500 ppmv when one-minute hydrocarbon levels are equal to or exceed 100 ppmv are not subject to paragraph (a)(4)(i) of this section. Hydrocarbon CEMS that use a span value of 500 ppmv are subject to the same CEMS performance and equipment specifications when operating in the range of 100 ppmv to 500 ppmv that are provided by Performance Specification 8A of appendix B to part 60 of this chapter, for other hydrocarbon CEMS, except: (A) The zero and high-level calibration gas must have a hydrocarbon level of between 0 and 100 ppmv, and between 250 and 450 ppmv, respectively; (B) The strip chart recorder, computer, or digital recorder must be capable of recording all readings within the CEM measurement range and must have a resolution of 2.5 ppmv; (C) The CEMS calibration must not differ by more than ±15 ppmv after each 24-hour period of the seven day test at both zero and high levels; (D) The calibration error must be no greater than 25 ppmv; and (E) The zero level, mid-level, and high level calibration gas used to determine calibration error must have a hydrocarbon level of 0-200 ppmv, 150-200 ppmv, and 350-400 ppmv, respectively. (5) Petitions to use CEMS for other standards. (6) Calculation of rolling averages Calculation of rolling averages initially. (ii) Calculation of rolling averages upon intermittent operations. (iii) Calculation of rolling averages when the hazardous waste feed is cutoff. (B) You are not subject to the CEMS requirements of this subpart during periods of time you meet the requirements of § 63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous waste burning sources when you are not burning hazardous waste). (7) Operating parameter limits for hydrocarbons. (b) Other continuous monitoring systems (CMS). e.g., (2) Except as specified in paragraphs (b)(2)(i) and (ii) of this section, you must install and operate continuous monitoring systems other than CEMS in conformance with § 63.8(c)(3) that requires you, at a minimum, to comply with the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system: (i) Calibration of thermocouples and pyrometers. (ii) Accuracy and calibration of weight measurement devices for activated carbon injection systems (3) CMS must sample the regulated parameter without interruption, and evaluate the detector response at least once each 15 seconds, and compute and record the average values at least every 60 seconds. (4) The span of the non-CEMS CMS detector must not be exceeded. You must interlock the span limits into the automatic waste feed cutoff system required by § 63.1206(c)(3). (5) Calculation of rolling averages Calculation of rolling averages initially. e.g., e.g., (ii) Calculation of rolling averages upon intermittent operations. (iii) Calculation of rolling averages when the hazardous waste feed is cutoff. (B) You are not subject to the CMS requirements of this subpart during periods of time you meet the requirements of § 63.1206(b)(1)(ii) (compliance with emissions standards for nonhazardous waste burning sources when you are not burning hazardous waste). (c) Analysis of feedstreams General. (2) Feedstream analysis plan. (i) The parameters for which you will analyze each feedstream to ensure compliance with the operating parameter limits of this section; (ii) Whether you will obtain the analysis by performing sampling and analysis or by other methods, such as using analytical information obtained from others or using other published or documented data or information; (iii) How you will use the analysis to document compliance with applicable feedrate limits ( e.g., (iv) The test methods which you will use to obtain the analyses; (v) The sampling method which you will use to obtain a representative sample of each feedstream to be analyzed using sampling methods described in appendix IX to part 266 of this chapter, or an equivalent method; and (vi) The frequency with which you will review or repeat the initial analysis of the feedstream to ensure that the analysis is accurate and up to date. (3) Review and approval of analysis plan. (4) Compliance with feedrate limits. (i) Determine and record the value of the parameter for each feedstream by sampling and analysis or other method; (ii) Determine and record the mass or volume flowrate of each feedstream by a CMS. If you determine flowrate of a feedstream by volume, you must determine and record the density of the feedstream by sampling and analysis (unless you report the constituent concentration in units of weight per unit volume ( e.g., (iii) Calculate and record the mass feedrate of the parameter per unit time. (5) Waiver of monitoring of constituents in certain feedstreams. (d) Performance evaluations. (2) You must comply with the quality assurance procedures for CEMS prescribed in appendix A to this subpart. (e) Conduct of monitoring. (f) Operation and maintenance of continuous monitoring systems. (1) Section 63.8(c)(3). (2) Section 63.8(c)(4)(ii). (3) Section 63.8(c)(4)(i), (c)(5), and (c)(7)(i)(C) pertaining to COMS apply only to owners and operators of hazardous waste burning cement kilns. (g) Alternative monitoring requirements other than continuous emissions monitoring systems (CEMS) Requests to use alternatives to operating parameter monitoring requirements. (ii) You may submit an application to waive an operating parameter limit specified in this section based on documentation that neither that operating parameter limit nor an alternative operating parameter limit is needed to ensure compliance with the emission standards of this subpart. (iii) You must comply with the following procedures for applications submitted under paragraphs (g)(1)(i) and (ii) of this section: (A) Timing of the application. (B) Content of the application. ( 1 ( 2 e.g., ( 3 (C) Approval of request to use an alternative monitoring requirement or waive an operating parameter limit. ( 1 ( 2 (D) Responsibility of owners and operators. (iv) Dual standards that incorporate the interim standards for HAP metals Semivolatile and low volatile metals. (B) Mercury. (2) Administrator's discretion to specify additional or alternative requirements. e.g., e.g., (h) Reduction of monitoring data. (i) When an operating parameter is applicable to multiple standards. (j) DRE. i.e., (1) Minimum combustion chamber temperature. (ii) You must establish a minimum hourly rolling average limit as the average of the test run averages; (2) Maximum flue gas flowrate or production rate. (ii) You must comply with this limit on a hourly rolling average basis; (3) Maximum hazardous waste feedrate. i.e., (ii) You must establish the limits as the average of the maximum hourly rolling averages for each run. (iii) You must comply with the feedrate limit(s) on a hourly rolling average basis; (4) Operation of waste firing system. (k) Dioxins and furans. (1) Gas temperature at the inlet to a dry particulate matter control device. (ii) For hazardous waste burning lightweight aggregate kilns, you must establish a limit on the maximum temperature of the gas at the exit of the (last) combustion chamber (or exit of any waste heat recovery system) on an hourly rolling average. The limit must be established as the average of the test run averages; (2) Minimum combustion chamber temperature. (ii) You must establish a minimum hourly rolling average limit as the average of the test run averages. (3) Maximum flue gas flowrate or production rate. (ii) You must comply with this limit on a hourly rolling average basis; (4) Maximum hazardous waste feedrate. (ii) You must establish the limits as the average of the maximum hourly rolling averages for each run. (iii) You must comply with the feedrate limit(s) on a hourly rolling average basis; (5) Particulate matter operating limit. (6) Activated carbon injection parameter limits. (i) Carbon feedrate. (ii) Carrier fluid. (iii) Carbon specification. i.e., (B) You may substitute at any time a different brand or type of carbon provided that the replacement has equivalent or improved properties compared to the carbon used in the performance test and conforms to the key sorbent parameters you identify under paragraph (k)(6)(iii)(A) of this section. You must include in the operating record documentation that the substitute carbon will provide the same level of control as the original carbon. (7) Carbon bed parameter limits. (i) Monitoring bed life. (A) Monitor performance of the carbon bed consistent with manufacturer's specifications and recommendations to ensure the carbon bed (or bed segment for sources with multiple segments) has not reached the end of its useful life to minimize dioxin/furan and mercury emissions at least to the levels required by the emission standards; (B) Document the monitoring procedures in the operation and maintenance plan; (C) Record results of the performance monitoring in the operating record; and (D) Replace the bed or bed segment before it has reached the end of its useful life to minimize dioxin/furan and mercury emissions at least to the levels required by the emission standards. (ii) Carbon specification. i.e., (B) You may substitute at any time a different brand or type of carbon provided that the replacement has equivalent or improved properties compared to the carbon used in the performance test. You must include in the operating record documentation that the substitute carbon will provide an equivalent or improved level of control as the original carbon. (iii) Maximum temperature. (8) Catalytic oxidizer parameter limits. (i) Minimum flue gas temperature at the entrance of the catalyst. (ii) Maximum time in-use. (iii) Catalyst replacement specifications. (A) Catalytic metal loading for each metal; (B) Space time, expressed in the units s −1 (C) Substrate construction, including materials of construction, washcoat type, and pore density. (iv) Maximum flue gas temperature. (9) Inhibitor feedrate parameter limits. (i) Minimum inhibitor feedrate. (ii) Inhibitor specifications. i.e., (B) You may substitute at any time a different brand or type of inhibitor provided that the replacement has equivalent or improved properties compared to the inhibitor used in the performance test and conforms to the key parameters you identify under paragraph (k)(9)(ii)(A) of this section. You must include in the operating record documentation that the substitute inhibitor will provide the same level of control as the original inhibitor. (l) Mercury. (1) Feedrate of mercury. (ii) For liquid fuel boilers, when complying with the mercury emission standards of § 63.1217, you must establish a rolling average limit for the mercury feedrate as follows on an averaging period not to exceed an annual rolling average: (A) You must calculate a mercury system removal efficiency for each test run and calculate the average system removal efficiency of the test run averages. If emissions exceed the mercury emission standard during the comprehensive performance test, it is not a violation because the averaging period for the mercury emission standard is (not-to-exceed) one year and compliance is based on compliance with the mercury feedrate limit with an averaging period not-to-exceed one year. (B) If you burn hazardous waste with a heating value of 10,000 Btu/lb or greater, you must calculate the mercury feedrate limit as follows: ( 1 ( 2 ( 3 ( 4 ( 5 (C) If you burn hazardous waste with a heating value of less than 10,000 Btu/lb, you must calculate the mercury feedrate limit as follows: ( 1 ( 2 ( 3 ( 4 ( 5 (D) If your boiler is equipped with a wet scrubber, you must comply with the following unless you document in the performance test plan that you do not feed chlorine at rates that may substantially affect the system removal efficiency of mercury for purposes of establishing a mercury feedrate limit based on the system removal efficiency during the test: ( 1 ( 2 ( 3 (iii) For cement kilns: (A) When complying with the emission standards under § 63.1220(a)(2)(i) and (b)(2)(i), you must: ( 1 ( 2 ( 3 (B) When complying with the emission standards under §§ 63.1204 and 63.1220(a)(2)(ii)(A) and (b)(2)(ii)(A), you must establish a 12-hour rolling average limit for the feedrate of mercury in all feedstreams as the average of the test run averages; (C) Except as provided by paragraph (l)(1)(iii)(D) of this section, when complying with the hazardous waste maximum theoretical emission concentration (MTEC) under § 63.1220(a)(2)(ii)(B) and (b)(2)(ii)(B), you must: ( 1 ( 2 ( 3 ( 4 ( 5 (D) In lieu of complying with paragraph (l)(1)(iii)(C) of this section, you may: ( 1 4 ( 2 1 (iv) For lightweight aggregate kilns: (A) When complying with the emission standards under §§ 63.1205, 63.1221(a)(2)(i) and (b)(2)(i), you must establish a 12-hour rolling average limit for the total feedrate of mercury in all feedstreams as the average of the test run averages; (B) Except as provided by paragraph (l)(1)(iv)(C) of this section, when complying with the hazardous waste feedrate corresponding to a maximum theoretical emission concentration (MTEC) under § 63.1221(a)(2)(ii) and (b)(2)(ii), you must: ( 1 ( 2 ( 3 ( 4 ( 5 (C) In lieu of complying with paragraph (l)(1)(iv)(B) of this section, you may: ( 1 4 ( 2 1 (v) Extrapolation of feedrate levels. (A) Performance test metal feedrates are appropriate ( i.e., (B) Whether the extrapolated feedrates you request are warranted considering historical metal feedrate data. (2) Wet scrubber. (3) Activated carbon injection. (4) Activated carbon bed. (m) Particulate matter. (1) Control device operating parameter limits (OPLs) Wet scrubbers. (A) For high energy scrubbers only, minimum pressure drop across the wet scrubber on an hourly rolling average, established as the average of the test run averages; (B) For all wet scrubbers: ( 1 ( i ( ii ( 2 ( 3 ( 4 (C) For high energy wet scrubbers only, you must establish limits on either the minimum liquid to gas ratio or the minimum scrubber water flowrate and maximum flue gas flowrate on an hourly rolling average. If you establish limits on maximum flue gas flowrate under this paragraph, you need not establish a limit on maximum flue gas flowrate under paragraph (m)(2) of this section. You must establish these hourly rolling average limits as the average of the test run averages; and (ii)-(iii) [Reserved] (iv) Other particulate matter control devices. (A) During each comprehensive performance test conducted to demonstrate compliance with the particulate matter emissions standard, you must establish a range of operating values for the control device that is a representative and reliable indicator that the control device is operating within the same range of conditions as during the performance test. You must establish this range of operating values as follows: ( 1 ( 2 ( 3 1 ( 4 (B) You must install, calibrate, operate, and maintain a monitoring device equipped with a recorder to measure the values for each operating parameter selected in accordance with the requirements of paragraph (m)(1)(iv)(A)( 1 (C) You must regularly inspect the data recorded by the operating parameter monitoring system at a sufficient frequency to ensure the control device is operating properly. An excursion is determined to have occurred any time that the actual value of a selected operating parameter is less than the minimum operating limit (or, if applicable, greater than the maximum operating limit) established for the parameter in accordance with the requirements of paragraph (m)(1)(iv)(A)(3) of this section. (D) Operating parameters selected in accordance with paragraph (m)(1)(iv) of this section may be based on manufacturer specifications provided you support the use of manufacturer specifications in the performance test plan that you submit for review and approval. (2) Maximum flue gas flowrate or production rate. (ii) You must comply with this limit on a hourly rolling average basis; (3) Maximum ash feedrate. (n) Semivolatile metals and low volatility metals. (1) Maximum inlet temperature to dry particulate matter air pollution control device. e.g., (2) Maximum feedrate of semivolatile and low volatile metals General. (ii) For incinerators, cement kilns, and lightweight aggregate kilns, when complying with the emission standards under §§ 63.1203 through 63.1205 and 63.1219, and for solid fuel boilers when complying with the emission standards under § 63.1216, you must establish 12-hour rolling average limits for the total feedrate of semivolatile and low volatile metals in all feedstreams as the average of the test run averages. (iii) Cement kilns under (B) When complying with the emission standards under § 63.1220(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must establish 12-hour rolling average limits for the total feedrate of semivolatile and low volatile metals in all feedstreams as the average of the test run averages. (iv) Lightweight aggregate kilns under (B) When complying with the emission standards under § 63.1221(a)(3)(ii), (a)(4)(ii), (b)(3)(ii), and (b)(4)(ii), you must establish 12-hour rolling average limits for the total feedrate of semivolatile and low volatile metals in all feedstreams as the average of the test run averages. (v) Liquid fuel boilers under Semivolatile metals. ( 1 System removal efficiency. ( 2 Boilers that feed hazardous waste with a heating value of 10,000 Btu/lb or greater. ( i ( ii ( iii ( iv ( 3 Boilers that feed hazardous waste with a heating value less than 10,000 Btu/lb. i ( ii ( iii ( iv ( v (B) Chromium Boilers that feed hazardous waste with a heating value of 10,000 Btu/lb or greater. i ( ii ( 2 Boilers that feed hazardous waste with a heating value less than 10,000 Btu/lb. (vi) LVM limits for pumpable wastes. (vii) Extrapolation of feedrate levels. (A) Performance test metal feedrates are appropriate ( i.e., (B) Whether the extrapolated feedrates you request are warranted considering historical metal feedrate data. (3) Control device operating parameter limits (OPLs). (4) Maximum total chlorine and chloride feedrate. You must establish a 12-hour rolling average limit for the feedrate of total chlorine and chloride in all feedstreams as the average of the test run averages. (5) Maximum flue gas flowrate or production rate. (ii) You must comply with this limit on a hourly rolling average basis. (o) Hydrogen chloride and chlorine gas. (1) Feedrate of total chlorine and chloride Incinerators, cement kilns, lightweight aggregate kilns, solid fuel boilers, and hydrochloric acid production furnaces. (ii) Liquid fuel boilers Boilers that feed hazardous waste with a heating value not less than 10,000 Btu/lb. 1 ( 2 ( 3 (B) Boilers that feed hazardous waste with a heating value less than 10,000 Btu/lb. (2) Maximum flue gas flowrate or production rate. (ii) You must comply with this limit on a hourly rolling average basis; (3) Wet scrubber. (i) If your source is equipped with a high energy wet scrubber such as a venturi, hydrosonic, collision, or free jet wet scrubber, you must establish a limit on minimum pressure drop across the wet scrubber on an hourly rolling average as the average of the test run averages; (ii) If your source is equipped with a low energy wet scrubber such as a spray tower, packed bed, or tray tower, you must establish a minimum pressure drop across the wet scrubber based on manufacturer's specifications. You must comply with the limit on an hourly rolling average; (iii) If your source is equipped with a low energy wet scrubber, you must establish a limit on minimum liquid feed pressure to the wet scrubber based on manufacturer's specifications. You must comply with the limit on an hourly rolling average; (iv) You must establish a limit on minimum pH on an hourly rolling average as the average of the test run averages; (v) You must establish limits on either the minimum liquid to gas ratio or the minimum scrubber water flowrate and maximum flue gas flowrate on an hourly rolling average as the average of the test run averages. If you establish limits on maximum flue gas flowrate under this paragraph, you need not establish a limit on maximum flue gas flowrate under paragraph (o)(2) of this section; and (4) Dry scrubber. (i) Minimum sorbent feedrate. (ii) Minimum carrier fluid flowrate or nozzle pressure drop. (iii) Sorbent specifications. i.e., (B) You may substitute at any time a different brand or type of sorbent provided that the replacement has equivalent or improved properties compared to the sorbent used in the performance test and conforms to the key sorbent parameters you identify under paragraph (o)(4)(iii)(A) of this section. You must record in the operating record documentation that the substitute sorbent will provide the same level of control as the original sorbent. (p) Maximum combustion chamber pressure. (q) Operating under different modes of operation. (1) Operating under otherwise applicable standards after the hazardous waste residence time has transpired. (i) The otherwise applicable requirements promulgated under Clean Air Act sections 112 and 129 are applicable requirements under this subpart. (ii) You must specify ( e.g., (2) Calculating rolling averages under different modes of operation (i) Retrieval approach i.e., (ii) Start anew (A) Rolling averages must be calculated as the average of the available one-minute values for the parameter until enough one-minute values are available to calculate hourly or 12-hour rolling averages, whichever is applicable to the parameter. (B) You may not transition to a new mode of operation using this approach if the most recent operation in that mode resulted in an exceedance of an applicable emission standard measured with a CEMS or operating parameter limit prior to the hazardous waste residence time expiring; or (iii) Seamless transition (r) Averaging periods. (s) Hydrogen fluoride (1) Work practice standard for emissions of hydrogen fluoride (i) If your hazardous waste combustor actively controls emissions of hydrogen chloride ( e.g. (ii) If you do not feed any material with detectable levels of fluorine to your hazardous waste combustor, then certify that no fluorine is fed to your hazardous waste combustor in the comprehensive test report. Indicate in your comprehensive performance test report and notification of compliance that compliance with the hydrogen fluoride gas work practice standard is demonstrated by certifying that no fluorine is fed to the combustor; or (iii) Monitor and record in the operating record the total feedrate of fluorine (organic and inorganic) in all feedstreams as a 12-hour rolling average. Monitor with a CMS and record in the operating record the gas flowrate (either directly or by monitoring a surrogate parameter that you have correlated to gas flowrate). In every comprehensive performance test plan, calculate the maximum MTEC of hydrogen fluoride since the previous comprehensive performance test. If the maximum MTEC is greater than the existing source solid fuel boiler hydrogen fluoride emission limit in § 63.1216(a)(8), then conduct a one-time emissions test for hydrogen fluoride gas during the comprehensive performance test. The one-time test does not need to be repeated at any subsequent comprehensive performance test, regardless of the calculated maximum MTEC value. (2) Operating parameter limits for hydrogen fluoride (i) Feedrate of total fluorine and fluoride (ii) Maximum flue gas flowrate or production rate (B) You must comply with this limit on an hourly rolling average basis; (iii) Wet scrubber (A) If your source is equipped with a high energy wet scrubber such as a venturi, hydrosonic, collision, or free jet wet scrubber, you must establish a limit on minimum pressure drop across the wet scrubber on an hourly rolling average as the average of the test run averages; (B) If your source is equipped with a low energy wet scrubber such as a spray tower, packed bed, or tray tower, you must establish a minimum pressure drop across the wet scrubber based on manufacturer's specifications. You must comply with the limit on an hourly rolling average; (C) If your source is equipped with a low energy wet scrubber, you must establish a limit on minimum liquid feed pressure to the wet scrubber based on manufacturer's specifications. You must comply with the limit on an hourly rolling average; (D) You must establish a limit on minimum pH on an hourly rolling average as the average of the test run averages; (E) You must establish limits on either the minimum liquid to gas ratio or the minimum scrubber water flowrate and maximum flue gas flowrate on an hourly rolling average as the average of the test run averages. If you establish limits on maximum flue gas flowrate under this paragraph, you need not establish a limit on maximum flue gas flowrate under paragraph (s)(2)(ii) of this section; and (iv) Dry scrubber (A) Minimum sorbent feedrate (B) Minimum carrier fluid flowrate or nozzle pressure drop (C) Sorbent specifications 1 i.e., (2) You may substitute at any time a different brand or type of sorbent provided that the replacement has equivalent or improved properties compared to the sorbent used in the performance test and conforms to the key sorbent parameters you identify under paragraph (s)(2)(iv)(C)( 1 [91 FR 33540, June 3, 2026] Notification, Reporting and Recordkeeping § 63.1210 What are the notification requirements? (a) Summary of requirements (2) You must submit the following notifications to the Administrator if you request or elect to comply with alternative requirements: (b) Notification of intent to comply (NIC). (1) You must prepare a Notification of Intent to Comply that includes all of the following information: (i) General information: (A) The name and address of the owner/operator and the source; (B) Whether the source is a major or an area source; (C) Waste minimization and emission control technique(s) being considered; (D) Emission monitoring technique(s) you are considering; (E) Waste minimization and emission control technique(s) effectiveness; (F) A description of the evaluation criteria used or to be used to select waste minimization and/or emission control technique(s); and (G) A general description of how you intend to comply with the emission standards of this subpart. (ii) As applicable to each source, information on key activities and estimated dates for these activities that will bring the source into compliance with emission control requirements of this subpart. You must include all of the following key activities and dates in your NIC: (A) The dates by which you anticipate you will develop engineering designs for emission control systems or process changes for emissions; (B) The date by which you anticipate you will commit internal or external resources for installing emission control systems or making process changes for emission control, or the date by which you will issue orders for the purchase of component parts to accomplish emission control or process changes. (C) The date by which you anticipate you will submit construction applications; (D) The date by which you anticipate you will initiate on-site construction, installation of emission control equipment, or process change; (E) The date by which you anticipate you will complete on-site construction, installation of emission control equipment, or process change; and (F) The date by which you anticipate you will achieve final compliance. The individual dates and milestones listed in paragraphs (b)(1)(ii)(A) through (F) of this section as part of the NIC are not requirements and therefore are not enforceable deadlines; the requirements of paragraphs (b)(1)(ii)(A) through (F) of this section must be included as part of the NIC only to inform the public of how you intend to comply with the emission standards of this subpart. (iii) A summary of the public meeting required under paragraph (c) of this section; (iv) If you intend to cease burning hazardous waste prior to or on the compliance date, the requirements of paragraphs (b)(1)(ii) and (b)(1)(iii) of this section do not apply. You must include in your NIC a schedule of key dates for the steps to be taken to stop hazardous waste activity at your combustion unit. Key dates include the date for submittal of RCRA closure documents required under subpart G, part 264 or subpart G, part 265 of this chapter. (2) You must make a draft of the NIC available for public review no later than 30 days prior to the public meeting required under paragraph (c)(1) of this section or no later than 9 months after the effective date of the rule if you intend to cease burning hazardous waste prior to or on the compliance date. (3) You must submit the final NIC to the Administrator: (i) Existing units. (ii) New units. (iii) Beginning August 3, 2026, submit the final NIC as a portable document format (PDF) upload according to § 63.1211(g). (c) NIC public meeting and notice. (i) Existing units. (ii) New units. (2) You must submit a summary of the meeting, along with the list of attendees and their addresses developed under paragraph (b)(1) of this section, and copies of any written comments or materials submitted at the meeting, to the Administrator as part of the final NIC, in accordance with paragraph (b)(1)(iii) of this section; (3) You must provide public notice of the NIC meeting at least 30 days prior to the meeting and you must maintain, and provide to the Administrator upon request, documentation of the notice. You must provide public notice in all of the following forms: (i) Newspaper advertisement. (ii) Visible and accessible sign. (iii) Broadcast media announcement. (iv) Notice to the facility mailing list. (4) You must include all of the following in the notices required under paragraph (c)(3) of this section: (i) The date, time, and location of the meeting; (ii) A brief description of the purpose of the meeting; (iii) A brief description of the source and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the source location; (iv) A statement encouraging people to contact the source at least 72 hours before the meeting if they need special access to participate in the meeting; (v) A statement describing how the draft NIC (and final NIC, if requested) can be obtained; and (vi) The name, address, and telephone number of a contact person for the NIC. (5) The requirements of this paragraph do not apply to sources that intend to cease burning hazardous waste prior to or on the compliance date. (d) Notification of compliance. (i) The notification is a Notification of Compliance, rather than compliance status; (ii) The notification is required for the initial comprehensive performance test and each subsequent comprehensive and confirmatory performance test; and (iii) You must postmark the notification before the close of business on the 90th day following completion of relevant compliance demonstration activity specified in this subpart rather than the 60th day as required by § 63.9(h)(2)(ii). (iv) Beginning June 3, 2027, or once the report template for this subpart has been available on the CEDRI website for one year, whichever date is later, submit the Notification of Compliance according to § 63.1211(g). When the report is submitted via CEDRI, the certifier's electronic signature during the submission process satisfies the requirement in § 63.9(h)(2)(i) for the responsible official to sign and certify the accuracy of the report. (2) Upon postmark of the Notification of Compliance, the operating parameter limits identified in the Notification of Compliance, as applicable, shall be complied with, the limits identified in the Documentation of Compliance or a previous Notification of Compliance are no longer applicable. (3) The Notification of Compliance requirements of § 63.1207(j) also apply. [64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63211, Nov. 19, 1999; 65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 67 FR 6992, Feb. 14, 2002; 70 FR 59552, Oct. 12, 2005; 73 FR 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008; 91 FR 33551, June 3, 2026] § 63.1211 What are the recordkeeping and reporting requirements? (a) Summary of reporting requirements (1) If a source fails to meet an applicable standard, report such events in the excess emissions and continuous monitoring system performance report and summary report. For each failure to meet an applicable standard, report the start date, start time, end date, end time, and cause of each failure. For each failure the report must also identify the affected sources and equipment, the applicable standard that was not met, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (2) Beginning August 3, 2026, submit the compliance progress report required under § 63.10(d)(4) and the periodic startup, shutdown, and malfunction reports required under § 63.10(d)(5)(i) as a portable document format (PDF) uploads according to § 63.1211(g). (3) Beginning June 3, 2027, or once the report template for this subpart has been available on the CEDRI website for one year, whichever date is later, submit the excess emissions and continuous monitoring system performance report and summary report required by § 63.10(e)(3), including the information required by paragraph (a)(1) of this section, according to § 63.1211(g). When the report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirements in § 63.10(e)(3)(v), (e)(3)(vi)(L), and (e)(3)(vi)(M) of subpart A of this part to submit the date of the report and the name, title, and signature of the responsible official who is certifying the accuracy of the report. (b) Summary of recordkeeping requirements (c) Documentation of compliance. (2) The Documentation of Compliance must identify the applicable emission standards under this subpart and the limits on the operating parameters under § 63.1209 that will ensure compliance with those emission standards. (3) You must include a signed and dated certification in the Documentation of Compliance that: (i) Required CEMs and CMS are installed, calibrated, and continuously operating in compliance with the requirements of this subpart; and (ii) Based on an engineering evaluation prepared under your direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation, and considering at a minimum the design, operation, and maintenance characteristics of the combustor and emissions control equipment, the types, quantities, and characteristics of feedstreams, and available emissions data: (A) You are in compliance with the emission standards of this subpart; and (B) The limits on the operating parameters under § 63.1209 ensure compliance with the emission standards of this subpart. (4) You must comply with the emission standards and operating parameter limits specified in the Documentation of Compliance. (d) Data compression. (1) You must record a data value at least once each ten minutes. (2) For each CEMS or operating parameter for which you request to use data compression techniques, you must recommend: (i) A fluctuation limit that defines the maximum permissible deviation of a new data value from a previously generated value without requiring you to revert to recording each one-minute value. (A) If you exceed a fluctuation limit, you must record each one-minute value for a period of time not less than ten minutes. (B) If neither the fluctuation limit nor the data compression limit are exceeded during that period of time, you may reinitiate recording data values on a frequency of at least once each ten minutes; and (ii) A data compression limit defined as the closest level to an operating parameter limit or emission standard at which reduced data recording is allowed. (A) Within this level and the operating parameter limit or emission standard, you must record each one-minute average. (B) The data compression limit should reflect a level at which you are unlikely to exceed the specific operating parameter limit or emission standard, considering its averaging period, with the addition of a new one-minute average. (e) Other recordkeeping (1) The start date, start time, and duration (hours) of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment and whether the startup, shutdown, and malfunction plan was followed. (2) For periods of startup, shutdown, and malfunction when the startup, shutdown, and malfunction plan was not followed, record and retain a list of the affected sources or equipment; actions taken to minimize emissions in accordance with §§ 63.6(e)(1)(i) and 63.8(c)(1)(i); any corrective actions taken to return the affected unit to its normal or usual manner of operation; whether the failure occurred during a period of startup, shutdown or malfunction; an estimate of the quantity of each regulated pollutant emitted; and a description of the method used to estimate the emissions. (f) Electronic Reporting https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (g) Reporting Confidential Business Information [64 FR 53038, Sept. 30, 1999, as amended at 64 FR 63212, Nov. 19, 1999; 65 FR 42301, July 10, 2000; 66 FR 24272, May 14, 2001; 66 FR 35106, July 3, 2001; 67 FR 6993, Feb. 14, 2002; 70 FR 59554, Oct. 12, 2005; 91 FR 33553, June 3, 2026] Other § 63.1212 What are the other requirements pertaining to the NIC? (a) Certification of intent to comply. (b) New units. (1) Prepare a draft NIC pursuant to § 63.1210(b) and make it available to the public upon issuance of the notice of public meeting pursuant to § 63.1210(c)(3); (2) Prepare a draft comprehensive performance test plan pursuant to the requirements of § 63.1207 and make it available for public review upon issuance of the notice of NIC public meeting; (3) Provide notice to the public of a pre-application meeting pursuant to § 124.31 of this chapter or notice to the public of a permit modification request pursuant to § 270.42 of this chapter; (4) Hold an informal public meeting [pursuant to § 63.1210(c)(1) and (c)(2)] no earlier than 30 days following notice of the NIC public meeting and notice of the pre-application meeting or notice of the permit modification request to discuss anticipated activities described in the draft NIC and pre-application or permit modification request for achieving compliance with the emission standards of this subpart; and (5) Submit a final NIC pursuant to § 63.1210(b)(3). (c) Information Repository specific to new combustion units. (2) The Administrator may assess the need, on a case-by-case basis for an information repository. When assessing the need for a repository, the Administrator shall consider the level of public interest, the presence of an existing repository, and any information available via the New Source Review and title V or other air permit processes. If the Administrator determines a need for a repository, then the Administrator shall notify the facility that it must establish and maintain an information repository. (3) The information repository shall contain all documents, reports, data, and information deemed necessary by the Administrator. The Administrator shall have the discretion to limit the contents of the repository. (4) The information repository shall be located and maintained at a site chosen by the source. If the Administrator finds the site unsuitable for the purposes and persons for which it was established, due to problems with location, hours of availability, access, or other relevant considerations, then the Administrator shall specify a more appropriate site. (5) The Administrator shall require the source to provide a written notice about the information repository to all individuals on the source mailing list. (6) The source shall be responsible for maintaining and updating the repository with appropriate information throughout a period specified by the Administrator. The Administrator may close the repository at his or her discretion based on the considerations in paragraph (c)(2) of this section. [70 FR 59555, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008; 91 FR 33556, June 3, 2026] § 63.1213 How can the compliance date be extended to install pollution prevention or waste minimization controls? (a) Applicability. (b) Requirements for requesting an extension. (i) A description of pollution prevention or waste minimization controls that, when installed, will significantly reduce the amount and/or toxicity of hazardous wastes entering the feedstream(s) of the hazardous waste combustor(s). Pollution prevention or waste minimization measures may include: equipment or technology modifications, reformulation or redesign of products, substitution of raw materials, improvements in work practices, maintenance, training, inventory control, or recycling practices conducted as defined in § 261.1(c) of this chapter; (ii) A description of other pollution controls to be installed that are necessary to comply with the emission standards and operating requirements; (iii) A reduction goal or estimate of the annual reductions in quantity and/or toxicity of hazardous waste(s) entering combustion feedstream(s) that you will achieve by installing the proposed pollution prevention or waste minimization measures; (iv) A comparison of reductions in the amounts and/or toxicity of hazardous wastes combusted after installation of pollution prevention or waste minimization measures to the amounts and/or toxicity of hazardous wastes combusted prior to the installation of these measures. If the difference is less than a fifteen percent reduction, include a comparison to pollution prevention and waste minimization reductions recorded during the previous five years; (v) Reasonable documentation that installation of the pollution prevention or waste minimization changes will not result in a net increase (except for documented increases in production) of hazardous constituents released to the environment through other emissions, wastes or effluents; (vi) Reasonable documentation that the design and installation of waste minimization and other measures that are necessary for compliance with the emission standards and operating requirements of this subpart cannot otherwise be installed within the three year compliance period, and (vii) The information required in § 63.6(i)(6)(i)(B) through (D). (2) You may enclose documentation prepared under an existing State-required pollution prevention program that contains the information prescribed in paragraph (b) of this section with a request for extension in lieu of complying with the time extension requirements of that paragraph. (c) Approval of request for extension of compliance date. [57 FR 61992, Dec. 29, 1992, as amended at 67 FR 6994, Feb. 14, 2002; 67 FR 77691, Dec. 19, 2002] § 63.1214 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to requirements in §§ 63.1200, 63.1203, 63.1204, 63.1205, 63.1206(a), 63.1215, 63.1216, 63.1217, 63.1218, 63.1219, 63.1220, and 63.1221. (2) Approval of major alternatives to test methods under §§ 63.7(e)(2)(ii) and (f), 63.1208(b), and 63.1209(a)(1), as defined under § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under §§ 63.8(f) and 63.1209(a)(5), as defined under § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under §§ 63.10(f) and 63.1211(a) through (c), as defined under § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 37356, June 23, 2003, as amended at 70 FR 59555, Oct. 12, 2005; 91 FR 33556, June 3, 2026] § 63.1215 What are the health-based compliance alternatives for total chlorine? (a) General Overview. (i) Identify a total chlorine emission concentration (ppmv) expressed as chloride (Cl − (ii) Apportion the total chlorine emission concentration between HCl and Cl 2 2 (iii) Calculate the annual average HCl-equivalent emission rate as prescribed in paragraph (b)(2) of this section. (iv) Perform an eligibility demonstration to determine if your HCl-equivalent emission rate meets the national exposure standard and thus is below the annual average HCl-equivalent emission rate limit, as prescribed by paragraph (c) of this section; (v) Submit your eligibility demonstration for review and approval, as prescribed by paragraph (e) of this section, which must include information to ensure that the 1-hour average HCl-equivalent emission rate limit is not exceeded, as prescribed by paragraph (d) of this section; (vi) Demonstrate compliance with the annual average HCl-equivalent emission rate limit during the comprehensive performance test, as prescribed by the testing and monitoring requirements under paragraph (e) of this section; (vii) Comply with compliance monitoring requirements, including establishing feedrate limits on total chlorine and chloride, and operating parameter limits on emission control equipment, as prescribed by paragraph (f) of this section; and (viii) Comply with the requirements for changes, as prescribed by paragraph (h) of this section. (2) Definitions. 1-Hour Average HCl-Equivalent Emission Rate 1-Hour Average HCl-Equivalent Emission Rate Limit Acute Reference Exposure Level (aREL) https://oehha.ca.gov/air//oehha-acute-8-hour-and-chronic-reference-exposure-level-rel-summary. Annual Average HCl-Equivalent Emission Rate Annual Average HCl-Equivalent Emission Rate Limit Hazard Index (HI) Hazard Quotient (HQ) Look-up table analysis Reference Concentration (RfC) (b) HCl-equivalent emission rates. (2) Annual average rates. Equation 1 to Paragraph ( b ER LTtw ER HCl ER Cl 2 RfC HCl /RfC Cl 2 Where: ER LTtw ER HCl ER Cl 2 RfC HCl RfC Cl 2 (3) 1-hour average rates. Equation 2 to Paragraph ( b ER STtw ER HCl ER Cl 2 aREL HCl /aREL Cl 2 Where: ER STtw ER HCl ER Cl 2 aREL HCl /aREL Cl 2 (4) You must use the RfC values for hydrogen chloride and chlorine found at https://www.epa.gov/fera/dose-response-assessment-assessing-health-risks-associated-exposure-hazardous-air-pollutants. (5) You must use the aREL values for hydrogen chloride and chlorine found at https://oehha.ca.gov/air/general-info/oehha-acute-8-hour-and-chronic-reference-exposure-level-rel-summary. (6) Cl 2 HCl ratios Ratio for calculating annual average HCl-equivalent emission rates. − 2 (B) You must calculate HCl and Cl 2 (C) You must calculate the annual average HCl-equivalent emission rate using these HCl and Cl 2 (ii) Ratio for calculating 1-hour average HCl-equivalent emission rates. − 2 (B) You must calculate HCl and Cl 2 (C) You must calculate the 1-hour average HCl-equivalent emission rate using these HCl and Cl 2 (iii) Ratios for new sources. 2 (B) You must use the Cl 2 (C) When approving the test plan for the initial comprehensive performance test, the permitting authority will establish a periodic testing requirement, such as every 3 months for 1 year, to establish a record of representative Cl 2 ( 1 ( 2 ( i ( ii (iv) Unrepresentative or inadequate historical Cl 2 /HCl volumetric ratios. 2 (B) If the permitting authority believes that too few historical ratios are available to calculate a representative average ratio or establish a maximum ratio, the permitting authority may require you to conduct periodic testing to establish representative ratios. (v) Updating Cl 2 /HCl ratios. 2 2 (7) Emission rates are capped. (i) For incinerators that were existing sources on April 19, 1996: 77 parts per million by volume, combined emissions, expressed as chloride (Cl − (ii) For incinerators that are new or reconstructed sources after April 19, 1996: 21 parts per million by volume, combined emissions, expressed as chloride (Cl − (iii) For cement kilns that were existing sources on April 19, 1996: 130 parts per million by volume, combined emissions, expressed as chloride (Cl − (iv) For cement kilns that are new or reconstructed sources after April 19, 1996: 86 parts per million by volume, combined emissions, expressed as chloride (Cl − (v) For lightweight aggregate kilns that were existing sources on April 19, 1996: 600 parts per million by volume, combined emissions, expressed as chloride (Cl − (vi) For lightweight aggregate kilns that are new or reconstructed sources after April 19, 1996: 600 parts per million by volume, combined emissions, expressed as chloride (Cl − (c) Eligibility demonstration General. (ii) You must also determine in your eligibility demonstration whether each combustor may exceed the 1-hour HCl-equivalent emission rate limit absent an hourly rolling average limit on the feedrate of total chlorine and chloride, as provided by paragraph (d) of this section. (2) Definition of eligibility. (ii) The annual average HCl-equivalent emission rate limit ensures that the Hazard Index for chronic exposure from HCl and chlorine emissions from all on-site hazardous waste combustors is less than or equal to 1.0, rounded to the nearest tenths decimal place (0.1), for the actual individual most exposed to the facility's emissions, considering off-site locations where people reside and where people congregate for work, school, or recreation. (iii) Your facility is eligible for the health-based compliance alternative for total chlorine if either: (A) The annual average HCl-equivalent emission rate for each on-site hazardous waste combustor is below the appropriate value in the look-up table determined under paragraph (c)(3) of this section; or (B) The annual average HCl-equivalent emission rate for each on-site hazardous waste combustor is below the annual average HCl-equivalent emission rate limit you calculate based on a site-specific compliance demonstration under paragraph (c)(4) of this section. (3) Look-up table analysis. (i) Table 1 presents annual average HCl-equivalent emission rate limits for sources located in flat terrain. For purposes of this analysis, flat terrain is terrain that rises to a level not exceeding one half the stack height within a distance of 50 stack heights. (ii) Table 2 presents annual average HCl-equivalent emission rate limits for sources located in simple elevated terrain. For purposes of this analysis, simple elevated terrain is terrain that rises to a level exceeding one half the stack height, but that does not exceed the stack height, within a distance of 50 stack heights. (iii) To determine the annual average HCl-equivalent emission rate limit for a source from the look-up table, you must use the stack height and stack diameter for your hazardous waste combustors and the distance between the stack and the property boundary. (iv) If any of these values for stack height, stack diameter, and distance to nearest property boundary do not match the exact values in the look-up table, you must use the next lowest table value. (v) Adjusted HCl-equivalent emission rate limit for multiple on-site combustors Where: i = number of on-site hazardous waste combustors; HCl-Equivalent Emission Rate Limit Adjustedi means the apportioned, allowable HCl-equivalent emission rate limit for combustor i, and HCl-Equivalent Emission Rate Limit Tablei means the HCl-equivalent emission rate limit from table 1 or 2 to § 63.1215 for combustor i (B) The adjusted HCl-equivalent emission rate limit becomes the HCl-equivalent emission rate limit. (4) Site-specific compliance demonstration https://www.epa.gov/sites/default/files/2013-08/documents/volume_2_facilityassess.pdf. (ii) The annual average HCl-equivalent emission rate limit is the HCl-equivalent emission rate that ensures that the Hazard Index associated with maximum annual average exposures is not greater than 1.0 rounded to the nearest tenths decimal place (0.1). (iii) To determine the annual average HCl-equivalent emission rate limit, your site-specific compliance demonstration must, at a minimum: (A) Estimate long-term inhalation exposures through the estimation of annual or multi-year average ambient concentrations; (B) Estimate the inhalation exposure for the actual individual most exposed to the facility's emissions from hazardous waste combustors, considering off-site locations where people reside and where people congregate for work, school, or recreation; (C) Use site-specific, quality-assured data wherever possible; (D) Use health-protective default assumptions wherever site-specific data are not available, and: (E) Contain adequate documentation of the data and methods used for the assessment so that it is transparent and can be reproduced by an experienced risk assessor and emissions measurement expert. (iv) Your site-specific compliance demonstration need not: (A) Assume any attenuation of exposure concentrations due to the penetration of outdoor pollutants into indoor exposure areas; (B) Assume any reaction or deposition of the emitted pollutants during transport from the emission point to the point of exposure (d) Assurance that the 1-hour HCl-equivalent emission rate limit will not be exceeded. (1) 1-hour average HCl-equivalent emission rate. (2) 1-hour average HCl-equivalent emission rate limit. (i) Look-up table analysis. (ii) Site-specific analysis. (3) Criteria for determining whether the 1-hour HCl-equivalent emission rate may be exceeded absent an hourly rolling average limit on the feedrate of total chlorine and chloride. (i) The ratio of the 1-hour average HCl-equivalent emission rate based on the total chlorine emission rate you select for each hazardous waste combustor to the 1-hour average HCl-equivalent emission rate limit for the combustor; and (ii) The potential for the source to vary total chlorine and chloride feedrates substantially over the averaging period for the feedrate limit established under paragraph (c)(4)(i) of this section. (e) Review and approval of eligibility demonstrations Content of the eligibility demonstration General. (A) Identification of each hazardous waste combustor combustion gas emission point ( e.g., (B) The maximum and average capacity at which each combustor will operate, and the maximum rated capacity for each combustor, using the metric of stack gas volume (under both actual and standard conditions) emitted per unit of time, as well as any other metric that is appropriate for the combustor ( e.g., (C) Stack parameters for each combustor, including, but not limited to stack height, stack diameter, stack gas temperature, and stack gas exit velocity; (D) Plot plan showing all stack emission points, nearby residences and property boundary line; (E) Identification of any stack gas control devices used to reduce emissions from each combustor; (F) Identification of the RfC values used to calculate annual average HCl-equivalent emission rates and the aREL values used to calculate 1-hour average HCl-equivalent emission rates; (G) Calculations used to determine the annual average and 1-hour average HCl-equivalent emission rates and rate limits, including calculation of the Cl2/HCl ratios as prescribed by paragraph (b)(6) of this section; (ii) Additional content to implement the annual average HCl-equivalent emission rate limit. (A) For incinerators, cement kilns, and lightweight aggregate kilns, calculations to confirm that the annual average HCl-equivalent emission rate that you calculate from the total chlorine emission rate you select for each combustor does not exceed the limits provided by paragraph (b)(7) of this section; (B) Comparison of the annual average HCl-equivalent emission rate limit for each combustor to the annual average HCl-equivalent emission rate for the total chlorine emission rate you select for each combustor; (C) The annual average HCl-equivalent emission rate limit for each hazardous waste combustor, and the limits on operating parameters required under paragraph (g)(1) of this section; (D) Determination of the long-term chlorine feedrate limit, including the total chlorine system removal efficiency for sources that establish an (up to) annual rolling average feedrate limit under paragraph (g)(2)(ii) of this section; (iii) Additional content to implement the 1-hour average HCl-equivalent emission rate limit. (A) Determination of whether the combustor may exceed the 1-hour HCl-equivalent emission rate limit absent an hourly rolling average chlorine feedrate limit, including: ( 1 ( 2 ( 3 ( 4 (B) Determination of the hourly rolling average chlorine feedrate limit, including the total chlorine system removal efficiency. (iv) Additional content of a look-up table demonstration. (A) Documentation that the facility is located in either flat or simple elevated terrain; and (B) For facilities with more than one on-site hazardous waste combustor, documentation that the sum of the ratios for all such combustors of the HCl-equivalent emission rate to the HCl-equivalent emission rate limit does not exceed 1.0. (v) Additional content of a site-specific compliance demonstration. (A) Identification of the risk assessment methodology used; (B) Documentation of the fate and transport model used; (C) Documentation of the fate and transport model inputs, including the stack parameters listed in paragraph (d)(1)(i)(C) of this section converted to the dimensions required for the model; (D) As applicable: ( 1 ( 2 ( 3 ( 4 (E) Documentation of the fate and transport model outputs; and (F) Documentation of any exposure assessment and risk characterization calculations. (2) Review and approval Existing sources. REAG@epa.gov. (B) Your permitting authority should notify you of approval or intent to disapprove your eligibility demonstration within 6 months after receipt of the original demonstration, and within 3 months after receipt of any supplemental information that you submit. A notice of intent to disapprove your eligibility demonstration, whether before or after the compliance date, will identify incomplete or inaccurate information or noncompliance with prescribed procedures and specify how much time you will have to submit additional information or to achieve the MACT standards for total chlorine under §§ 63.1216, 63.1217, and 63.1219 through 63.1221. If your eligibility demonstration is disapproved, the permitting authority may extend the compliance date of the total chlorine standards up to one year to allow you to make changes to the design or operation of the combustor or related systems as quickly as practicable to enable you to achieve compliance with the MACT total chlorine standards. (C) If your permitting authority has not approved your eligibility demonstration by the compliance date, and has not issued a notice of intent to disapprove your demonstration, you may begin complying, on the compliance date, with the HCl-equivalent emission rate limits you present in your eligibility demonstration provided that you have made a good faith effort to provide complete and accurate information and to respond to any requests for additional information in a timely manner. If the permitting authority believes that you have not made a good faith effort to provide complete and accurate information or to respond to any requests for additional information, however, the authority may notify you in writing by the compliance date that you have not met the conditions for complying with the health-based compliance alternative without prior approval. Such notice will explain the basis for concluding that you have not made a good faith effort to comply with the health-based compliance alternative by the compliance date. (D) If your permitting authority issues a notice of intent to disapprove your eligibility demonstration after the compliance date, the authority will identify the basis for that notice and specify how much time you will have to submit additional information or to comply with the MACT standards for total chlorine under §§ 63.1216, 63.1217, and 63.1219 through 63.1221. The permitting authority may extend the compliance date of the total chlorine standards up to one-year to allow you to make changes to the design or operation of the combustor or related systems as quickly as practicable to enable you to achieve compliance with the MACT standards for total chlorine. (ii) New or reconstructed sources General (B) If you operate a new or reconstructed source that starts up before April 12, 2007, or a solid fuel boiler or liquid fuel boiler that is an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP before April 12, 2007, you must either: ( 1 ( 2 (C) If you operate a new or reconstructed source that starts up on or after April 12, 2007, or a solid fuel boiler or liquid fuel boiler that is an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP on or after April 12, 2007, you must either: ( 1 ( 2 (3) The operating requirements in the eligibility demonstration are applicable requirements for purposes of parts 70 and 71 of this chapter and will be incorporated in the title V or other air permit. (f) Testing requirements General. (2) System removal efficiency. (ii) You must calculate the average system removal efficiency as the average of the test run averages. (iii) If your source does not control emissions of total chlorine, you must assume zero system removal efficiency. (3) Annual average HCl-equivalent emission rate limit. (4) 1-hour average HCl-equivalent emission rate limit. (5) Test methods. (ii) Bromine and sulfur considerations. (A) You must determine your chlorine emissions to be the higher of the value measured by EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter, or an equivalent method, or the value calculated by the difference between the combined hydrogen chloride and chlorine levels measured by EPA Method 26 or 26A of appendix A-8 to part 60 of this chapter, or an equivalent method, and the hydrogen chloride measurement from EPA Method 320 or 321 of appendix A to this part, or an equivalent method. (B) The procedures under paragraph (f)(2)(ii) of this section for determining hydrogen chloride and chlorine emissions apply if you feed bromine or sulfur during the performance test at the levels specified in this paragraph (f)(5)(ii)(B): ( 1 ( 2 (g) Monitoring requirements General. (2) Feedrate limit to ensure compliance with the annual average HCl-equivalent emission rate limit. (A) The feedrate limit (and averaging period) for total chlorine and chloride to ensure compliance with the annual average HCl-equivalent emission rate limit is the same as required by § 63.1209(n)(4), except as provided by paragraph (g)(2)(i)(B) of this section. (B) The numerical value of the total chlorine and chloride feedrate limit (i.e., not considering the averaging period) you establish under § 63.1209(n)(4) must not exceed the value you calculate as the annual average HCl-equivalent emission rate limit (lb/hr) divided by [1 − system removal efficiency], where the system removal efficiency is calculated as prescribed by paragraph (f)(2) of this section. (ii) For sources exempt from the feedrate limit for total chlorine and chloride under § 63.1209(n)(4) because they comply with § 63.1207(m)(2), the feedrate limit for total chlorine and chloride to ensure compliance with the annual average HCl-equivalent emission rate must be established as follows: (A) You must establish an average period for the feedrate limit that does not exceed an annual rolling average; (B) The numerical value of the total chlorine and chloride feedrate limit (i.e., not considering the averaging period) must not exceed the value you calculate as the annual average HCl-equivalent emission rate limit (lb/hr) divided by [1 − system removal efficiency], where the system removal efficiency is calculated as prescribed by paragraph (f)(2) of this section. (C) You must calculate the initial rolling average as though you had selected a 12-hour rolling average, as provided by paragraph (b)(5)(i) of this section. You must calculate rolling averages thereafter as the average of the available one-minute values until enough one-minute values are available to calculate the rolling average period you select. At that time and thereafter, you update the rolling average feedrate each hour with a 60-minute average feedrate. (3) Feedrate limit to ensure compliance with the 1-hour average HCl-equivalent emission rate limit. (ii) You must calculate the hourly rolling average feedrate limit for total chlorine and chloride as the 1-hour average HCl-equivalent emission rate limit (lb/hr) divided by [1 − system removal efficiency], where the system removal efficiency is calculated as prescribed by paragraph (f)(2)(ii) of this section. (h) Changes Changes over which you have control Changes that would affect the HCl-equivalent emission rate limit. (B) If you plan to change the design, operation, or maintenance of the facility in a manner than would increase the annual average or 1-hour average HCl-equivalent emission rate limit, and you elect to increase your total chlorine and chloride feedrate limits. You must also submit to the permitting authority prior to the change a revised eligibility demonstration documenting the increased emission rate limits and calculations of the increased feedrate limits prior to the change. (ii) Changes that could affect system removal efficiency. (B) If you plan to change the design, operation, or maintenance of the combustor in a manner than could increase the system removal efficiency, and you elect to document the increased system removal efficiency to establish higher feedrate limits on total chlorine and chloride, you are subject to the requirements of § 63.1206(b)(5) for conducting a performance test to reestablish the combustor's system removal efficiency. You must also submit to the permitting authority a revised eligibility demonstration documenting the higher system removal efficiency and the increased feedrate limits on total chlorine and chloride. (2) Changes over which you do not have control that may decrease the HCl-equivalent emission rate limits. (i) Proactive review. (ii) Reactive review. (iii) Compliance schedule. [70 FR 59565, Oct. 12, 2005, as amended at 73 FR 18982, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008; 91 FR 33556, June 3, 2026] Emissions Standards and Operating Limits for Solid Fuel Boilers, Liquid Fuel Boilers, and Hydrochloric Acid Production Furnaces § 63.1216 What are the standards for solid fuel boilers that burn hazardous waste? (a) Emission limits for existing sources. (1) For dioxins and furans, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (a)(5) of this section; (2) Mercury in excess of 11 µg/dscm corrected to 7 percent oxygen; (3) For cadmium and lead combined, except for an area source as defined under § 63.2, emissions in excess of 180 µg/dscm, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium combined, except for an area source as defined under § 63.2, emissions in excess of 380 µg/dscm, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine combined, except for an area source as defined under § 63.2, emissions in excess of 440 parts per million by volume, expressed as a chloride (Cl − (7) For particulate matter, except for an area source as defined under § 63.2 or as provided by paragraph (e) of this section, emissions in excess of 68 mg/dscm corrected to 7 percent oxygen; (8) For hydrogen fluoride, except for an area source as defined under § 63.2, emissions in excess of 6.2 parts per million by volume, dry basis and corrected to 7 percent oxygen; and (9) For hydrogen cyanide, except for an area source as defined under § 63.2, emissions in excess of 5.0 parts per million by volume, dry basis and corrected to 7 percent oxygen. (b) Emission limits for new sources. (1) For dioxins and furans, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (b)(5) of this section; (2) Mercury in excess of 11 µg/dscm corrected to 7 percent oxygen; (3) For cadmium and lead combined, except for an area source as defined under § 63.2, emissions in excess of 180 µg/dscm, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium combined, except for an area source as defined under § 63.2, emissions in excess of 190 µg/dscm, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (b)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine combined, except for an area source as defined under § 63.2, emissions in excess of 73 parts per million by volume, expressed as a chloride (Cl − (7) For particulate matter, except for an area source as defined under § 63.2 or as provided by paragraph (e) of this section, emissions in excess of 34 mg/dscm corrected to 7 percent oxygen; (8) For hydrogen fluoride, except for an area source as defined under § 63.2, emissions in excess of 6.2 parts per million by volume, dry basis and corrected to 7 percent oxygen; and (9) For hydrogen cyanide, except for an area source as defined under § 63.2, emissions in excess of 5.0 parts per million by volume, dry basis and corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard Equation 1 to Paragraph ( c DRE = [1 − (W out in Where: W in W out (2) 99.9999% DRE. p (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) Alternative to the particulate matter standard General. (2) Alternative metal emission control requirements for existing solid fuel boilers. (ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 380 µg/dscm, combined emissions, corrected to 7 percent oxygen. (3) Alternative metal emission control requirements for new solid fuel boilers. (ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 190 µg/dscm, combined emissions, corrected to 7 percent oxygen. (4) Operating limits. (f) Elective standards for area sources. [91 FR 33561, June 3, 2026] § 63.1217 What are the standards for liquid fuel boilers that burn hazardous waste? (a) Emission limits for existing sources. (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected to 7 percent oxygen, for liquid fuel boilers equipped with a dry air pollution control system; or (ii) Either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (a)(5) of this section for sources not equipped with a dry air pollution control system; (iii) A source equipped with a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed by a wet air pollution control system is considered to be a dry air pollution control system for purposes of this emission limit; (2) For mercury, except as provided for in paragraph (a)(2)(iii) of this section: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 19 µg/dscm, corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging period; (ii) When you burn hazardous waste with an as-fired heating value 10,000 Btu/lb or greater, emissions in excess of 4.2 × 10 −5 (iii) The boiler operated by Diversified Scientific Services, Inc. with EPA identification number TND982109142, and which burns radioactive waste mixed with hazardous waste, must comply with the mercury emission standard under § 63.1219(a)(2); (3) For cadmium and lead combined, except for an area source as defined under § 63.2, (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 150 µg/dscm, corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging period; (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 8.2 × 10 −5 (4) For chromium, except for an area source as defined under § 63.2: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 370 µg/dscm, corrected to 7 percent oxygen; (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 1.3 × 10 −4 (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine, except for an area source as defined under § 63.2: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 31 parts per million by volume, combined emissions, expressed as a chloride (Cl−) equivalent, dry basis and corrected to 7 percent oxygen; (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 5.1 × 10 −2 (7) For particulate matter, except for an area source as defined under § 63.2 or as provided by paragraph (e) of this section, emissions in excess of 80 mg/dscm corrected to 7 percent oxygen; (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1); and (9) For hydrogen cyanide, except for an area source as defined under § 63.2: (i) If your liquid fuel boiler has a heat input capacity of greater than 50 MMBTU/hr and less than or equal to 250 MMBTU/hr, emissions in excess of 2.7 parts per million by volume, dry basis and corrected to 7 percent oxygen; (ii) If your liquid fuel boiler has a heat input capacity of greater than 250 MMBTU/hr, emissions in excess of 3.4 parts per million by volume, dry basis and corrected to 7 percent oxygen. (b) Emission limits for new sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: (1)(i) Dioxins and furans in excess of 0.40 ng TEQ/dscm, corrected to 7 percent oxygen, for liquid fuel boilers equipped with a dry air pollution control system; or (ii) Either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (b)(5) of this section for sources not equipped with a dry air pollution control system; (iii) A source equipped with a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed by a wet air pollution control system is considered to be a dry air pollution control system for purposes of this emission limit; (2) For mercury: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 6.8 µg/dscm, corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging period; (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 1.2 × 10 −6 (3) For cadmium and lead combined, except for an area source as defined under § 63.2: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 78 µg/dscm, corrected to 7 percent oxygen, on an (not-to-exceed) annual averaging period; (ii) When you burn hazardous waste with an as-fired heating value greater than or equal to 10,000 Btu/lb, emissions in excess of 6.2 × 10 −6 (4) For chromium, except for an area source as defined under § 63.2: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 12 µg/dscm, corrected to 7 percent oxygen; (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 1.4 × 10 −5 (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (b)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine, except for an area source as defined under § 63.2: (i) When you burn hazardous waste with an as-fired heating value less than 10,000 Btu/lb, emissions in excess of 31 parts per million by volume, combined emissions, expressed as a chloride (Cl − (ii) When you burn hazardous waste with an as-fired heating value of 10,000 Btu/lb or greater, emissions in excess of 5.1 × −2 (7) For particulate matter, except for an area source as defined under § 63.2 or as provided by paragraph (e) of this section, emissions in excess of 20 mg/dscm corrected to 7 percent oxygen; (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1); and (9) For hydrogen cyanide, except for an area source as defined under § 63.2: (i) If your liquid fuel boiler has a heat input capacity of greater than 50 MMBTU/hr and less than or equal to 250 MMBTU/hr, emissions in excess of 1.2 parts per million by volume, dry basis and corrected to 7 percent oxygen; (ii) If your liquid fuel boiler has a heat input capacity of greater than 250 MMBTU/hr, emissions in excess of 1.1 parts per million by volume, dry basis and corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. Equation 1 to Paragraph ( c DRE = [1−(W out in Where: W in W out (2) 99.9999% DRE. p (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) Alternative to the particulate matter standard General. (2) Alternative metal emission control requirements for existing liquid fuel boilers. (A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain cadmium, lead, and selenium, combined, in excess of 150 µg/dscm, corrected to 7 percent oxygen; and (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel, combined, in excess of 370 µg/dscm, corrected to 7 percent oxygen; (ii) When you burn hazardous waste with a heating value of 10,000 Btu/lb or greater: (A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 8.2 × 10 −5 (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain either in excess of 1.3 × 10 −4 (3) Alternative metal emission control requirements for new liquid fuel boilers. (A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain cadmium, lead, and selenium, combined, in excess of 78 µg/dscm, corrected to 7 percent oxygen; and (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel, combined, in excess of 12 µg/dscm, corrected to 7 percent oxygen; (ii) When you burn hazardous waste with a heating value greater than or equal to 10,000 Btu/lb: (A) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain in excess of 6.2 × 10 −6 (B) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain either in excess of 1.4 × 10 −5 (4) Operating limits. (f) Elective standards for area sources. Area sources as defined under § 63.2 are subject to the standards for cadmium and lead, the standards for chromium, the standards for hydrogen chloride and chlorine, and the standards for particulate matter under this section if they elect under § 266.100(b)(3) of this chapter to comply with those standards in lieu of the standards under §§ 266.105 through 266.107 of this chapter to control those pollutants. [91 FR 33563, June 3, 2026] § 63.1218 What are the standards for hydrochloric acid production furnaces that burn hazardous waste? (a) Emission limits for existing sources. (1) For dioxins and furans, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (a)(5) of this section; (2) For mercury, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (a)(6) of this section; (3) For lead and cadmium, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (a)(6) of this section; (4) For arsenic, beryllium, and chromium, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (a)(6) of this section; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine gas, either: (i) Emission in excess of 150 parts per million by volume, combined emissions, expressed as a chloride (Cl (−) (ii) Emissions greater than the levels that would be emitted if the source is achieving a system removal efficiency (SRE) of less than 99.923 percent for total chlorine and chloride fed to the combustor. You must calculate SRE from the following equation: SRE = [1 − (Cl out in Where: Cl in = mass feedrate of total chlorine or chloride in all feedstreams, reported as chloride; and Cl out = mass emission rate of hydrogen chloride and chlorine gas, reported as chloride, in exhaust emissions prior to release to the atmosphere. (7) For particulate matter, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (a)(6) of this section. (b) Emission limits for new sources. (1) For dioxins and furans, either carbon monoxide or hydrocarbon emissions in excess of the limits provided by paragraph (b)(5) of this section; (2) For mercury, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (b)(6) of this section; (3) For lead and cadmium, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (b)(6) of this section; (4) For arsenic, beryllium, and chromium, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (b)(6) of this section; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (b)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) For hydrogen chloride and chlorine gas, either: (i) Emission in excess of 25 parts per million by volume, combined emissions, expressed as a chloride (Cl (−) (ii) Emissions greater than the levels that would be emitted if the source is achieving a system removal efficiency (SRE) of less than 99.987 percent for total chlorine and chloride fed to the combustor. You must calculate SRE from the following equation: SRE = [1 − (Cl out in Where: Cl in = mass feedrate of total chlorine or chloride in all feedstreams, reported as chloride; and Cl out = mass emission rate of hydrogen chloride and chlorine gas, reported as chloride, in exhaust emissions prior to release to the atmosphere. (7) For particulate matter, except for an area source as defined under § 63.2, hydrogen chloride and chlorine gas emissions in excess of the levels provided by paragraph (b)(6) of this section. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. DRE = [1 − (W out in Where: Win = mass feedrate of one POHC in a waste feedstream; and Wout = mass emission rate of the same POHC present in exhaust emissions prior to release to the atmosphere. (2) 99.9999% DRE. p (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) Elective standards for area sources. [70 FR 59569, Oct. 12, 2005, as amended at 91 FR 33565, June 3, 2026] Replacement Emissions Standards and Operating Limits for Incinerators, Cement Kilns, and Lightweight Aggregate Kilns § 63.1219 What are the replacement standards for hazardous waste incinerators? (a) Emission limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere that contain: (1) For dioxins and furans: (i) For incinerators equipped with either a waste heat boiler or dry air pollution control system, either: (A) Emissions in excess of 0.20 ng TEQ/dscm, corrected to 7 percent oxygen; or (B) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent oxygen, provided that the combustion gas temperature at the inlet to the initial particulate matter control device is 400 °F or lower based on the average of the test run average temperatures. (For purposes of compliance, operation of a wet particulate matter control device is presumed to meet the 400 °F or lower requirement); (ii) Emissions in excess of 0.40 ng TEQ/dscm, corrected to 7 percent oxygen, for incinerators not equipped with either a waste heat boiler or dry air pollution control system; (iii) A source equipped with a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed by a wet air pollution control system is considered to be a dry air pollution control system for purposes of this standard; (2) Mercury in excess of 130 µg/dscm, corrected to 7 percent oxygen; (3) Cadmium and lead in excess of 230 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 92 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrogen chloride and chlorine gas (total chlorine) in excess of 32 parts per million by volume, combined emissions, expressed as a chloride (Cl − (7) Except as provided by paragraph (e) of this section, particulate matter in excess of 0.013 gr/dscf corrected to 7 percent oxygen; and (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1). (b) Emission limits for new sources. (1)(i) Dioxins and furans in excess of 0.11 ng TEQ/dscm corrected to 7 percent oxygen for incinerators equipped with either a waste heat boiler or dry air pollution control system; or (ii) Dioxins and furans in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen for sources not equipped with either a waste heat boiler or dry air pollution control system; (iii) A source equipped with a wet air pollution control system followed by a dry air pollution control system is not considered to be a dry air pollution control system, and a source equipped with a dry air pollution control system followed by a wet air pollution control system is considered to be a dry air pollution control system for purposes of this standard; (2) Mercury in excess of 8.1 µg/dscm, corrected to 7 percent oxygen; (3) Cadmium and lead in excess of 10 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) Arsenic, beryllium, and chromium in excess of 23 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) For carbon monoxide and hydrocarbons, either: (i) Carbon monoxide in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (b)(5)(ii) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (ii) Hydrocarbons in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrogen chloride and chlorine gas in excess of 21 parts per million by volume, combined emissions, expressed as a chloride (Cl − (7) Except as provided by paragraph (e) of this section, particulate matter emissions in excess of 0.0016 gr/dscf corrected to 7 percent oxygen; and (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1). (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. Equation 1 to Paragraph ( c DRE = [1−(W out in Where: W in W out (2) 99.9999% DRE. (3) Principal organic hazardous constituent (POHC). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. (e) Alternative to the particulate matter standard General. (2) Alternative metal emission control requirements for existing incinerators. (ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 92 µg/dscm, combined emissions, corrected to 7 percent oxygen. (3) Alternative metal emission control requirements for new incinerators. (ii) You must not discharge or cause combustion gases to be emitted into the atmosphere that contain antimony, arsenic, beryllium, chromium, cobalt, manganese, and nickel in excess of 23 µg/dscm, combined emissions, corrected to 7 percent oxygen. (4) Operating limits. [91 FR 33565, June 3, 2026] § 63.1220 What are the replacement standards for hazardous waste burning cement kilns? (a) Emission and hazardous waste feed limits for existing sources. (1) For dioxins and furans, either: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 °F or lower based on the average of the test run average temperatures; (2) For mercury, both: (i) An average as-fired concentration of mercury in all hazardous waste feedstreams in excess of 3.0 parts per million by weight; and (ii) Either: (A) Emissions in excess of 120 µg/dscm, corrected to 7 percent oxygen, or (B) A hazardous waste feed maximum theoretical emission concentration (MTEC) in excess of 120 µg/dscm; (3) For cadmium and lead, both: (i) Emissions in excess of 7.6 × 10 −4 (ii) Emissions in excess of 330 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium, both: (i) Emissions in excess of 2.1 × 10 −5 (ii) Emissions in excess of 56 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (A) Carbon monoxide in the by-pass duct or mid-kiln gas sampling system in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(i)(B) of this section, you must also document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons in the by-pass duct or mid-kiln gas sampling system do not exceed 10 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B) Hydrocarbons in the by-pass duct or midkiln gas sampling system in excess of 10 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; (ii) For kilns not equipped with a by-pass duct or midkiln gas sampling system, either: (A) Hydrocarbons in the main stack in excess of 20 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B) Carbon monoxide in the main stack in excess of 100 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis and corrected to 7 percent oxygen. If you elect to comply with this carbon monoxide standard rather than the hydrocarbon standard under paragraph (a)(5)(ii)(A) of this section, you also must document that, during the destruction and removal efficiency (DRE) test runs or their equivalent as provided by § 63.1206(b)(7), hydrocarbons in the main stack do not exceed 20 parts per million by volume during those runs, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. (6) Hydrogen chloride and chlorine gas in excess of 120 parts per million by volume, combined emissions, expressed as a chloride (Cl (−) (7) For particulate matter, both: (i) Emissions in excess of 0.028 gr/dscf corrected to 7 percent oxygen; and (ii) Opacity greater than 20 percent, unless your source is equipped with a bag leak detection system under § 63.1206(c)(8) or a particulate matter detection system under § 63.1206(c)(9). (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1); and (9) For hydrogen cyanide, except for an area source as defined under § 63.2, emissions in excess of 56 parts per million by volume, dry basis and corrected to 7 percent oxygen. (b) Emission and hazardous waste feed limits for new sources. (1) For dioxins and furans, either: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Emissions in excess of 0.40 ng TEQ/dscm corrected to 7 percent oxygen provided that the combustion gas temperature at the inlet to the initial dry particulate matter control device is 400 °F or lower based on the average of the test run average temperatures; (2) For mercury, both: (i) An average as-fired concentration of mercury in all hazardous waste feedstreams in excess of 1.9 parts per million by weight; and (ii) Either: (A) Emissions in excess of 120 µg/dscm, corrected to 7 percent oxygen, or (B) A hazardous waste feed maximum theoretical emission concentration (MTEC) in excess of 120 µg/dscm; (3) For cadmium and lead, both: (i) Emissions in excess of 6.2 × 10 −5 (ii) Emissions in excess of 180 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium, both: (i) Emissions in excess of 1.5 × 10 −5 (ii) Emissions in excess of 54 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (A) Emissions in the by-pass or midkiln gas sampling system are limited to either: ( 1 2 ( 2 (B) Hydrocarbons in the main stack are limited, if construction of the kiln commenced after April 19, 1996 at a plant site where a cement kiln (whether burning hazardous waste or not) did not previously exist, to 50 parts per million by volume, over a 30-day block average (monitored continuously with a continuous monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane. (ii) For kilns not equipped with a by-pass duct or midkiln gas sampling system, hydrocarbons and carbon monoxide are limited in the main stack to either: (A) Hydrocarbons not exceeding 20 parts per million by volume, over an hourly rolling average (monitored continuously with a continuous emissions monitoring system), dry basis, corrected to 7 percent oxygen, and reported as propane; or (B)( 1 ( 2 ( 3 (6) Hydrogen chloride and chlorine gas in excess of 86 parts per million by volume, combined emissions, expressed as a chloride (Cl (−) (7) For particulate matter, both: (i) Emissions in excess of 0.0069 gr/dscf corrected to 7 percent oxygen; and (ii) Opacity greater than 20 percent, unless your source is equipped with a bag leak detection system under § 63.1206(c)(8) or a particulate matter detection system under § 63.1206(c)(9). (8) For hydrogen fluoride, except for an area source as defined under § 63.2, you must follow the work practice standard as defined under § 63.1209(s)(1); and (9) For hydrogen cyanide, except for an area source as defined under § 63.2, emissions in excess of 1.8 parts per million by volume, dry basis and corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. DRE = [1 − (W out in Where: W in W out (2) 99.9999% DRE. p (3) Principal organic hazardous constituent (POHC). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Cement kilns with in-line kiln raw mills General. (ii) You must document in the operating record each time you change from one mode of operation to the alternate mode and begin complying with the operating parameter limits for that alternate mode of operation. (iii) You must calculate rolling averages for operating parameter limits as provided by § 63.1209(q)(2). (iv) If your in-line kiln raw mill has dual stacks, you may assume that the dioxin/furan emission levels in the by-pass stack and the operating parameter limits determined during performance testing of the by-pass stack when the raw mill is off-line are the same as when the mill is on-line. (v) In lieu of conducting a performance test to demonstrate compliance with the dioxin/furan emission standards for the mode of operation when the raw mill is on-line, you may specify in the performance test workplan and Notification of Compliance the same operating parameter limits required under § 63.1209(k) for the mode of operation when the raw mill is on-line as you establish during performance testing for the mode of operation when the raw mill is off-line. (2) Emissions averaging. (i) Averaging methodology. C total mill-off mill-off mill-off mill-on mill-on mill-on mill-off mill-on Where: C total C mill-off C mill-on T mill-off T mill-on (ii) Compliance. (B) Compliance is based on one-year block averages beginning on the day you submit the initial notification of compliance. (iii) Notification. (B) You must include historical raw mill operation data in the performance test plan to estimate future raw mill down-time and document in the performance test plan that estimated emissions and estimated raw mill down-time will not result in an exceedance of an emission standard on an annual basis. (C) You must document in the notification of compliance submitted under § 63.1207(j) that an emission standard will not be exceeded based on the documented emissions from the performance test and predicted raw mill down-time. (e) Preheater or preheater/precalciner kilns with dual stacks General. (2) Emissions averaging. (i) Averaging methodology. C tot main main main bypass bypass bypass main bypass Where: C tot C main C bypass Q main Q bypass (ii) Compliance. (B) You must develop operating parameter limits for bypass stack and main stack flowrates that ensure the emission concentrations calculated with the equation in paragraph (e)(1) of this section do not exceed the emission standards on a 12-hour rolling average basis. You must include these flowrate limits in the Notification of Compliance. (iii) Notification. (A) Notify the Administrator in the initial comprehensive performance test plan submitted under § 63.1207(e). The performance test plan must include, at a minimum, information describing the flowrate limits established under paragraph (e)(2)(ii)(B) of this section; and (B) Document in the Notification of Compliance submitted under § 63.1207(j) the demonstrated gas flowrate-weighted average emissions that you calculate with the equation provided by paragraph (e)(2) of this section. (f) Significant figures. (g) [Reserved] (h) When you comply with the particulate matter requirements of paragraphs (a)(7) or (b)(7) of this section, you are exempt from the New Source Performance Standard for particulate matter and opacity under § 60.60 of this chapter. [70 FR 59571, Oct. 12, 2005, as amended at 71 FR 62394, Oct. 25, 2006; 73 FR 18983, Apr. 8, 2008; 73 FR 64097, Oct. 28, 2008; 91 FR 33566, June 3, 2026] § 63.1221 What are the replacement standards for hazardous waste burning lightweight aggregate kilns? (a) Emission and hazardous waste feed limits for existing sources. You must not discharge or cause combustion gases to be emitted into the atmosphere or feed hazardous waste that contain: (1) For dioxins and furans, either: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Rapid quench of the combustion gas temperature at the exit of the (last) combustion chamber (or exit of any waste heat recovery system that immediately follows the last combustion chamber) to 400 °F or lower based on the average of the test run average temperatures. You must also notify in writing the RCRA authority that you are complying with this option; (2) For mercury, either: (i) Emissions in excess of 120 µg/dscm, corrected to 7 percent oxygen; or (ii) A hazardous waste feedrate corresponding to a maximum theoretical emission concentration (MTEC) in excess of 120 µg/dscm; (3) For cadmium and lead, both: (i) Emissions in excess of 3.0 × 10 −4 (ii) Emissions in excess of 250 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium, both: (i) In excess of 9.5 × 10 −5 (ii) Emissions in excess of 110 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrogen chloride and chlorine gas in excess of 600 parts per million by volume, combined emissions, expressed as a chloride (Cl − (7) Particulate matter emissions in excess of 0.025 gr/dscf, corrected to 7 percent oxygen. (b) Emission and hazardous waste feed limits for new sources. (1) For dioxins and furans, either: (i) Emissions in excess of 0.20 ng TEQ/dscm corrected to 7 percent oxygen; or (ii) Rapid quench of the combustion gas temperature at the exit of the (last) combustion chamber (or exit of any waste heat recovery system that immediately follows the last combustion chamber) to 400 °F or lower based on the average of the test run average temperatures. You must also notify in writing the RCRA authority that you are complying with this option; (2) For mercury, either: (i) Emissions in excess of 120 µg/dscm, corrected to 7 percent oxygen; or (ii) A hazardous waste feedrate corresponding to a maximum theoretical emission concentration (MTEC) in excess of 120 µg/dscm; (3) For cadmium and lead, both: (i) Emissions in excess of 3.7 × 10 −5 (ii) Emissions in excess of 43 µg/dscm, combined emissions, corrected to 7 percent oxygen; (4) For arsenic, beryllium, and chromium, both: (i) In excess of 3.3 × 10 −5 (ii) Emissions in excess of 110 µg/dscm, combined emissions, corrected to 7 percent oxygen; (5) Carbon monoxide and hydrocarbons. (ii) Hydrocarbons in excess of 20 parts per million by volume, over an hourly rolling average, dry basis, corrected to 7 percent oxygen, and reported as propane; (6) Hydrogen chloride and chlorine gas in excess of 600 parts per million by volume, combined emissions, expressed as a chloride (Cl − (7) Particulate matter emissions in excess of 0.0098 gr/dscf corrected to 7 percent oxygen. (c) Destruction and removal efficiency (DRE) standard 99.99% DRE. Equation 1 to Paragraph ( c DRE = [1−(W out Where: W in W out (2) 99.9999% DRE. (3) Principal organic hazardous constituents (POHCs). (ii) You must specify one or more POHCs that are representative of the most difficult to destroy organic compounds in your hazardous waste feedstream. You must base this specification on the degree of difficulty of incineration of the organic constituents in the hazardous waste and on their concentration or mass in the hazardous waste feed, considering the results of hazardous waste analyses or other data and information. (d) Significant figures. [91 FR 33567, June 3, 2026] Table 1 to Subpart EEE of Part 63—General Provisions Applicable to Subpart EEE [91 FR 33568, June 3, 2026] Appendix A to Subpart EEE of Part 63—Quality Assurance Procedures for Continuous Emissions Monitors Used for Hazardous Waste Combustors 1. Applicability and Principle 1.1 Applicability. These quality assurance requirements are used to evaluate the effectiveness of quality control (QC) and quality assurance (QA) procedures and the quality of data produced by continuous emission monitoring systems (CEMS) that are used for determining compliance with the emission standards on a continuous basis as specified in the applicable regulation. The QA procedures specified by these requirements represent the minimum requirements necessary for the control and assessment of the quality of CEMS data used to demonstrate compliance with the emission standards provided under this subpart EEE of part 63. Owners and operators must meet these minimum requirements and are encouraged to develop and implement a more extensive QA program. These requirements supersede those found in part 60, Appendix F, of this chapter. Appendix F does not apply to hazardous waste-burning devices. 1.2 Principle. The QA procedures consist of two distinct and equally important functions. One function is the assessment of the quality of the CEMS data by estimating accuracy. The other function is the control and improvement of the quality of the CEMS data by implementing QC policies and corrective actions. These two functions form a control loop. When the assessment function indicates that the data quality is inadequate, the source must immediately stop burning hazardous waste. The CEM data control effort must be increased until the data quality is acceptable before hazardous waste burning can resume. a. In order to provide uniformity in the assessment and reporting of data quality, this procedure explicitly specifies the assessment methods for response drift and accuracy. The methods are based on procedures included in the applicable performance specifications provided in appendix B to part 60 of this chapter. These procedures also require the analysis of the EPA audit samples concurrent with certain reference method (RM) analyses as specified in the applicable RM's. b. Because the control and corrective action function encompasses a variety of policies, specifications, standards, and corrective measures, this procedure treats QC requirements in general terms to allow each source owner or operator to develop a QC system that is most effective and efficient for the circumstances. 2. Definitions 2.1 Continuous Emission Monitoring System (CEMS). 2.1.1 Sample Interface. 2.1.2 Pollutant Analyzer. 2.1.3 Diluent Analyzer. 2.1.4 Data Recorder. 2.2 Relative Accuracy (RA). 2.3 Calibration Drift (CD). 2.4 Zero Drift (ZD). 2.5 Calibration Standard. 2.6 Relative Accuracy Test Audit (RATA). 2.7 Absolute Calibration Audit (ACA) 2.8 Rolling Average. 3. QA/QC Requirements 3.1 QC Requirements. a. Each owner or operator must develop and implement a QC program. At a minimum, each QC program must include written procedures describing in detail complete, step-by-step procedures and operations for the following activities. 1. Checks for component failures, leaks, and other abnormal conditions. 2. Calibration of CEMS. 3. CD determination and adjustment of CEMS. 4. Integration of CEMS with the automatic waste feed cutoff (AWFCO) system. 5. Preventive Maintenance of CEMS (including spare parts inventory). 6. Data recording, calculations, and reporting. 7. Checks of record keeping. 8. Accuracy audit procedures, including sampling and analysis methods. 9. Program of corrective action for malfunctioning CEMS. 10. Operator training and certification. 11. Maintaining and ensuring current certification or naming of cylinder gasses, metal solutions, and particulate samples used for audit and accuracy tests, daily checks, and calibrations. b. Whenever excessive inaccuracies occur for two consecutive quarters, the current written procedures must be revised or the CEMS modified or replaced to correct the deficiency causing the excessive inaccuracies. These written procedures must be kept on record and available for inspection by the enforcement agency. 3.2 QA Requirements. Each source owner or operator must develop and implement a QA plan that includes, at a minimum, the following. 1. QA responsibilities (including maintaining records, preparing reports, reviewing reports). 2. Schedules for the daily checks, periodic audits, and preventive maintenance. 3. Check lists and data sheets. 4. Preventive maintenance procedures. 5. Description of the media, format, and location of all records and reports. 6. Provisions for a review of the CEMS data at least once a year. Based on the results of the review, the owner or operator must revise or update the QA plan, if necessary. 4. CD and ZD Assessment and Daily System Audit 4.1 CD and ZD Requirement. 4.2 Recording Requirements for Automatic ZD and CD Adjusting Monitors. 4.3 Daily System Audit. 4.4 Data Recording and Reporting. 5. Performance Evaluation for CO, O 2 Carbon Monoxide (CO), Oxygen (O 2 5.1 Relative Accuracy Test Audit (RATA). 2 5.2 Absolute Calibration Audit (ACA). 5.3 Excessive Audit Inaccuracy. 6. Other Requirements 6.1 Performance Specifications. Table I: Performance Specifications for CEMS CEMS Performance specification Carbon monoxide 4B Oxygen 4B Total hydrocarbons 8A 6.2 Downtime due to Calibration. 6.3 Span of the CEMS. 6.3.1 CO CEMS. 6.3.2 O 2 CEMS 2 2 6.3.3 HC CEMS. 6.3.4 CEMS Span Values. 6.3.5 Use of Alternative Spans. 6.3.6 Documentation of Span Values. 6.4.1 Moisture Correction. 6.4.2 Oxygen Correction Factor. Where: P c P m E = volume fraction of oxygen in the combustion air fed into the device, on a dry basis (normally 21 percent or 0.21 if only air is fed); Y = measured fraction of oxygen on a dry basis at the sampling point. The oxygen correction factor is: 6.4.3 Temperature Correction. 6.5 Rolling Average. 6.5.1 One-Minute Average for CO and HHC CEMS. Where: c c i Fifteen second observations must not be rounded or smoothed. Fifteen-second observations may be disregarded only as a result of a failure in the CEMS and allowed in the source's quality assurance plan at the time of the CEMS failure. One-minute averages must not be rounded, smoothed, or disregarded. 6.5.2 Ten Minute Rolling Average Equation. The ten minute rolling average must be calculated using the following equation: Where: C RA c i 6.5.3 Hourly Rolling Average Equation for CO and THC CEMS and Operating Parameter Limits. Where: c RA c i 6.5.4 Averaging Periods for CEMS other than CO and THC. The averaging period for CEMS other than CO and THC CEMS must be calculated as a rolling average of all one-hour values over the averaging period. An hourly average is comprised of 4 measurements taken at equally spaced time intervals, or at most every 15 minutes. Fewer than 4 measurements might be available within an hour for reasons such as facility downtime or CEMS calibration. If at least two measurements (30 minutes of data) are available, an hourly average must be calculated. The n n 6.6 Units of the Standards for the Purposes of Recording and Reporting Emissions. 6.7 Rounding and Significant Figures. 7. Bibliography 1. 40 CFR part 60, appendix F, “Quality Assurance Procedures: Procedure 1. Quality Assurance Requirements for Gas continuous Emission Monitoring Systems Used For Compliance Determination”. [64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42301, July 10, 2000; 88 FR 18412, Mar. 29, 2023; 91 FR 33572, June 3, 2026] Subpart FFF [Reserved] Subpart GGG—National Emission Standards for Pharmaceuticals Production Source: 63 FR 50326, Sept. 21, 1998, unless otherwise noted. § 63.1250 Applicability. (a) Definition of affected source. (i) Manufacture a pharmaceutical product as defined in § 63.1251; (ii) Are located at a plant site that is a major source as defined in section 112(a) of the Act; and (iii) Process, use, or produce HAP. (2) Determination of the applicability of this subpart shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (b) New source applicability. (c) General provisions. (d) Processes exempted from the affected source. (e) Storage tank ownership determination. (1) If a storage tank is dedicated to a single PMPU, the storage tank shall belong to that PMPU. (2) If a storage tank is shared among process units (including at least one PMPU), then the storage tank shall belong to the process unit located on the same plant site as the storage tank that has the greatest annual volume input into or output from the storage tank (i.e., said PMPU or process unit has the predominant use of the storage tank). (3) If predominant use cannot be determined for a storage tank that is shared among process units (including at least one PMPU), then the owner or operator shall assign the storage tank to any one of the PMPU's that shares it and is also subject to this subpart. (4) If the predominant use of a storage tank varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding September 21, 1998 for existing affected sources. For new affected sources, predominant use will be based on the first year after initial startup. The determination of predominant use shall be reported in the Notification of Compliance Status required by § 63.1260(f). If the predominant use changes, the redetermination of predominant use shall be reported in the next Periodic report. (5) If the storage tank begins receiving material from (or sending material to) another PMPU, or ceases to receive material from (or send material to) a PMPU, or if the applicability of this subpart to a storage tank has been determined according to the provisions of paragraphs (e)(1) through (4) of this section and there is a significant change in the use of the storage tank that could reasonably change the predominant use, the owner or operator shall reevaluate the applicability of this subpart to the storage tank and report such changes to EPA in the next Periodic report. (f) Compliance dates. (1) An owner or operator of an existing affected source must comply with the provisions of this subpart no later than October 21, 2002. (2) An owner or operator of a new or reconstructed affected source must comply with the provisions of this subpart on August 29, 2000 or upon startup, whichever is later. (3) Notwithstanding the requirements of paragraph (f)(2) of this section, a new source which commences construction or reconstruction after April 2, 1997 and before September 21, 1998 shall not be required to comply with this subpart until September 21, 2001 if: (i) The requirements of this subpart are more stringent than the requirements of this subpart in effect before August 29, 2000 and contained in the 40 CFR, part (63.1200-end), edition revised as of July 1, 2000; and (ii) The owner or operator complies with the requirements published on April 2, 1997 (62 FR 15754) during the period until September 21, 2001. (4) Notwithstanding the requirements of paragraph (f)(2) of this section, a new source which commences construction or reconstruction after September 21, 1998 and before April 10, 2000 shall not be required to comply with this subpart until October 21, 2002 if: (i) The requirements of this subpart are more stringent than the requirements of this subpart in effect before August 29, 2000; and (ii) The owner or operator complies with the requirements of this subpart in effect before August 29, 2000 during the period between startup and October 21, 2002. (5) Notwithstanding the requirements of paragraph (f)(2) of this section, a new source which commences construction or reconstruction after April 10, 2000 and before August 29, 2000 shall not be required to comply with this subpart until August 29, 2001 if: (i) The requirements of this subpart are more stringent than the requirements published on April 10, 2000 (65 FR 19152); and (ii) The owner or operator complies with the requirements of this subpart in effect before August 29, 2000 during the period between startup and August 29, 2001. (6) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing source up to 1 additional year to comply with section 112(d) standards. (i) For purposes of this subpart, a request for an extension shall be submitted no later than 120 days prior to the compliance dates specified in paragraphs (f) (1) through (5) of this section, except as provided in paragraph (f)(6)(ii) of this section. The dates specified in § 63.6(i) for submittal of requests for extensions shall not apply to sources subject to this subpart. (ii) An owner or operator may submit a compliance extension request after the date specified in paragraph (f)(6)(i) of this section provided the need for the compliance extension arose after that date and before the otherwise applicable compliance date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include the data described in § 63.6(i)(6)(i) (A), (B), (C), and (D). (g) Applicability of this subpart. (2) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with the emissions limitations of this subpart during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment, if the shutdown would contravene emissions limitations of this subpart applicable to such items of equipment. This paragraph does not apply if the owner or operator must shut down the equipment to avoid damage to a PMPU or portion thereof. (3) At all times, each owner or operator must operate and maintain any affected source subject to the requirements of this subpart, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by this standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (4) In response to an action to enforce the standards set forth in this subpart, an owner or operator may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by a malfunction, as defined in § 63.2. Appropriate penalties may be assessed, however, if owner or operator fails to meet the burden of proving all the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (i) To establish the affirmative defense in any action to enforce such a limit, the owners or operators of a facility must timely meet the notification requirements of paragraph (g)(4)(ii) of this section, and must prove by a preponderance of evidence that: (A) The excess emissions were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, or a process to operate in a normal and usual manner; and could not have been prevented through careful planning, proper design, or better operation and maintenance practices; and did not stem from any activity or event that could have been foreseen and avoided, or planned for; and were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; (B) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; (C) The frequency, amount, and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; (D) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; (E) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment, and human health; (F) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; (G) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; (H) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and (I) The owner or operator has prepared a written root cause analysis, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using the best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (ii) Notification. (h) Consistency with other regulations Compliance with other MACT standards. (ii) After the compliance dates specified in paragraph (f) of this section, at an offsite reloading or cleaning facility subject to § 63.1253(f), compliance with the emission standards and associated initial compliance, monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the provisions of § 63.1253(f)(7) (ii) or (iii). The owner or operator of the affected storage tank shall identify in the Notification of Compliance Status report required by § 63.1260(f) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies. (2) Consistency with 40 CFR parts 264 and 265, subparts AA, BB, and/or CC. (ii) After the compliance dates specified in this section, if any equipment at an affected source that is subject to § 63.1255, is also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, subpart BB, then compliance with the recordkeeping and reporting requirements of 40 CFR parts 264 and/or 265 may be used to comply with the recordkeeping and reporting requirements of § 63.1255, to the extent that the requirements of 40 CFR parts 264 and/or 265 duplicate the requirements of § 63.1255. The owner or operator shall identify in the Notification of Compliance Status, required by § 63.1260(f), if the owner or operator will comply with the recordkeeping and reporting authority under 40 CFR parts 264 and/or 265. (3) Compliance with 40 CFR 60.112(b). (4) Compliance with subpart I of this part. (5) Compliance with other regulations for wastewater. (6) Compliance with subpart PPP of this part. (i) For the purposes of establishing whether a person is in violation of this subpart, nothing in this subpart shall preclude the use of any credible evidence or information relevant to whether a source would have been in compliance with applicable requirements. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52596, Aug. 29, 2000; 66 FR 40131, Aug. 2, 2001; 76 FR 22599, Apr. 21, 2011] § 63.1251 Definitions. Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for the purposes of this subpart. Active ingredient Actual HAP emissions Affirmative defense Air pollution control device or Control device Annual average concentration, Automated monitoring and recording system Batch emission episode Batch operation or Batch process Bench-scale batch process Block Boiler Centralized combustion control device (CCCD) Cleaning operation Closed biological treatment process Closed-loop system Closed-purge system Closed-vent system Combustion device Combustion device burner Connector Construction Consumption Container, 3 Continuous process Continuous recorder Continuous seal Control device, Controlled HAP emissions Cover, Dedicated PMPU Dense gas system Double block and bleed system Duct work Enhanced biological treatment system or enhanced biological treatment process Equipment, Excipient External floating roof Fill or filling First attempt at repair Fixed roof Floating roof Flow indicator Formulation Group of processes Halogen atoms Halogenated compounds Halogenated vent stream or Halogenated stream Hard-piping Hydrogen halides and halogens 2 In gas/vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C; (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream; and (3) The fluid is a liquid at operating conditions. (Note: Vapor pressures may be determined by the methods described in 40 CFR 60.485(e)(1).) In liquid service In organic hazardous air pollutant In vacuum service In-situ sampling systems Individual drain system Initial startup Internal floating roof Instrumentation system Isolated intermediate Junction box Large control device Liquid-mounted seal Liquids dripping Maintenance wastewater Malfunction Maximum true vapor pressure (1) In accordance with methods described in Chapter 19.2 of the American Petroleum Institute's Manual of Petroleum Measurement Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by reference as specified in § 63.14); or (2) As obtained from standard reference texts; or (3) As determined by the American Society for Testing and Materials Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope (incorporated by reference as specified in § 63.14); or (4) Any other method approved by the Administrator. Metallic shoe seal or mechanical shoe seal Nondedicated formulation operations Nondedicated recovery device(s) Nonrepairable Open biological treatment process Open-ended valve or line Operating scenario (1) A description of the process and the type of process equipment used; (2) An identification of related process vents and their associated emissions episodes and durations, wastewater PODs, and storage tanks; (3) The applicable control requirements of this subpart, including the level of required control, and for vents, the level of control for each vent; (4) The control or treatment devices used, as applicable, including a description of operating and/or testing conditions for any associated control device; (5) The process vents, wastewater PODs, and storage tanks (including those from other processes) that are simultaneously routed to the control or treatment device(s); (6) The applicable monitoring requirements of this subpart and any parametric level that assures compliance for all emissions routed to the control or treatment device; (7) Calculations and engineering analyses required to demonstrate compliance; and (8) For reporting purposes, a change to any of these elements not previously reported, except for paragraph (5) of this definition, shall constitute a new operating scenario. Partially soluble HAP Pharmaceutical manufacturing operations Pharmaceutical manufacturing process unit (PMPU) Pharmaceutical product (1) Any material described by the standard industrial classification (SIC) code 2833 or 2834; or (2) Any material whose manufacturing process is described by North American Industrial Classification System (NAICS) code 325411 or 325412; or (3) A finished dosage form of a drug, for example, a tablet, capsule, solution, etc.; or (4) Any active ingredient or precursor that is produced at a facility whose primary manufacturing operations are described by SIC code 2833 or 2834; or (5) At a facility whose primary operations are not described by SIC code 2833 or 2834, any material whose primary use is as an active ingredient or precursor. Plant site Point of determination (POD) Precursor Pressure release Pressure relief device or valve Primary use Process Process condenser Process shutdown Process tank Process vent Production-indexed HAP consumption factor Production-indexed volatile organic compound (VOC) consumption factor Publicly owned treatment works (POTW) Reactor Reconstruction, 3 Recovery device, Repaired (1) Is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable paragraphs of § 63.1255, and; (2) Is, unless otherwise specified in applicable provisions of § 63.1255, monitored as specified in § 63.180(b) and (c) as appropriate, to verify that emissions from the equipment are below the applicable leak definition. Research and development facility Residual Safety device Sampling connection system Sensor Set pressure Sewer line Shutdown Single-seal system Small control device Soluble HAP Standard batch Startup Storage tank (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels storing organic liquids that contain HAP only as impurities; (4) Wastewater storage tanks; and (5) Process tanks (including product tanks and isolated intermediate tanks). Supplemental gases Surface impoundment System flowrate Total organic compounds (TOC) Treatment process Uncontrolled HAP emissions Unit operation Vapor-mounted seal Volatile organic compounds (VOC) Waste management unit Wastewater Wastewater stream (1) Stormwater from segregated sewers; (2) Water from fire-fighting and deluge systems, including testing of such systems; (3) Spills; (4) Water from safety showers; (5) Samples of a size not greater than reasonably necessary for the method of analysis that is used; (6) Equipment leaks; (7) Wastewater drips from procedures such as disconnecting hoses after clearing lines; and (8) Noncontact cooling water. Wastewater tank Water seal controls [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52598, Aug. 29, 2000; 71 FR 20459, Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011; 79 FR 11284, Feb. 27, 2014] § 63.1252 Standards: General. Each owner or operator of any affected source subject to the provisions of this subpart shall control HAP emissions to the level specified in this section on and after the compliance dates specified in § 63.1250(f). Initial compliance with the emission limits is demonstrated in accordance with the provisions of § 63.1257, and continuous compliance is demonstrated in accordance with the provisions of § 63.1258. (a) Opening of a safety device. (b) Closed-vent systems. (1) Install, calibrate, maintain, and operate a flow indicator that determines whether vent stream flow is present at least once every 15 minutes. Records shall be maintained as specified in § 63.1259(i)(6)(i). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (2) Secure the bypass line valve in the closed position with a car seal or lock and key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. Records shall be maintained as specified in § 63.1259(i)(6)(ii). (c) Heat exchange systems. (1) The heat exchange system shall be treated according to the provisions of § 63.104, except that the monitoring frequency shall be no less than quarterly. (2) For identifying leaking equipment, the owner or operator of heat exchange systems on equipment which meet current good manufacturing practice (CGMP) requirements of 21 CFR part 211 may elect to use the physical integrity of the reactor as the surrogate indicator of heat exchange system leaks around the reactor. (d) Emissions averaging provisions. (1) A State may prohibit averaging of HAP emissions and require the owner or operator of an existing source to comply with the provisions in §§ 63.1253 and 63.1254. (2) Only emission sources subject to the requirements of § 63.1253(b)(1) or (c)(1)(i) or § 63.1254(a)(1)(i) may be included in any averaging group. (3) Processes which have been permanently shutdown or storage tanks permanently taken out of HAP service may not be included in any averaging group. (4) Processes and storage tanks already controlled on or before November 15, 1990 may not be included in an emissions averaging group, except where the level of control is increased after November 15, 1990. In these cases, the uncontrolled emissions shall be the controlled emissions as calculated on November 15, 1990 for the purpose of determining the uncontrolled emissions as specified in § 63.1257(g) and (h). (5) Emission points controlled to comply with a State or Federal rule other than this subpart may not be credited in an emission averaging group, unless the level of control has been increased after November 15, 1990 above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average. (6) Not more than 20 processes subject to § 63.1254(a)(1)(i), and 20 storage tanks subject to § 63.1253(b)(1) or (c)(1)(i) at an affected source may be included in an emissions averaging group. (7) Compliance with the emission standards in § 63.1253 shall be satisfied when the annual percent reduction efficiency is greater than or equal to 90 percent for those tanks meeting the criteria of § 63.1253(a)(1) and 95 percent for those tanks meeting the criteria of § 63.1253(a)(2), as demonstrated using the test methods and compliance procedures specified in § 63.1257(g). (8) Compliance with the emission standards in § 63.1254(a)(1)(i) shall be satisfied when the annual percent reduction efficiency is greater than or equal to 93 percent, as demonstrated using the test methods and compliance procedures specified in § 63.1257(h). (e) Pollution prevention alternative. (1) The HAP that are generated in the PMPU that are not part of the production-indexed consumption factor must be controlled according to the requirements of §§ 63.1253, 63.1254, 63.1255, and 63.1256. The hydrogen halides that are generated as a result of combustion control of emissions must be controlled according to the requirements of paragraph (g)(1) of this section. (2) The production-indexed HAP consumption factor (kg HAP consumed/kg produced) shall be reduced by at least 75 percent from a 3 year average baseline established no earlier than the 1987 calendar year, or for the time period from startup of the process until the present in which the PMPU was operational and data are available, whichever is the lesser time period. If a time period less than 3 years is used to set the baseline, the data must represent at least 1 year's worth of data. For any reduction in the HAP factor achieved by reducing a HAP that is also a VOC, an equivalent reduction in the VOC factor is also required. For any reduction in the HAP factor that is achieved by reducing a HAP that is not a VOC, the VOC factor may not be increased. (3) Both requirements specified in paragraphs (e)(3)(i) and (ii) of this section are met. (i) The production-indexed HAP consumption factor (kg HAP consumed/kg produced) shall be reduced by at least 50 percent from a 3-year average baseline established no earlier than the 1987 calendar year, or for the time period from startup of the process until the present in which the PMPU was operational and data are available, whichever is less. If a time period less than 3 years is used to set the baseline, the data must represent at least 1 year's worth of data. For any reduction in the HAP factor achieved by reducing a HAP that is also a VOC, an equivalent reduction in the VOC factor is also required. For any reduction in the HAP factor that is achieved by reducing a HAP that is not a VOC, the VOC factor may not be increased. (ii) The total PMPU HAP emissions shall be reduced by an amount, in kg/yr, that, when divided by the annual production rate, in kg/yr, and added to the reduction of the production-indexed HAP consumption factor, in kg/kg, yields a value of at least 75 percent of the average baseline HAP production-indexed consumption factor established according to paragraph (e)(3)(i) of this section according to the equation provided in § 63.1257(f)(2)(ii)(A). The total PMPU VOC emissions shall be reduced by an amount calculated according to the equation provided in § 63.1257(f)(2)(ii)(B). The annual reduction in HAP and VOC air emissions must be due to the use of the following control devices: (A) Combustion control devices such as incinerators, flares or process heaters. (B) Control devices such as condensers and carbon adsorbers whose recovered product is destroyed or shipped offsite for destruction. (C) Any control device that does not ultimately allow for recycling of material back to the PMPU. (D) Any control device for which the owner or operator can demonstrate that the use of the device in controlling HAP emissions will have no effect on the production-indexed consumption factor for the PMPU. (4) The owner or operator may comply with the requirements in either paragraph (e)(2) or (3) of this section for a series of processes, including situations where multiple processes are merged, subject to the following conditions: (i) The baseline period shall be a single year beginning no earlier than the 1992 calendar year. (ii) The term “PMPU” shall have the meaning provided in § 63.1251 except that the baseline and modified PMPU may include multiple processes (i.e., precursors, active ingredients, and final dosage form) if the owner or operator demonstrates to the satisfaction of the Administrator that the multiple processes were merged after the baseline period into an existing process or processes. (iii) Nondedicated formulation and solvent recovery processes may not be merged with any other processes. (f) Control requirements for certain liquid streams in open systems within a PMPU. (2) The item of equipment is of a type identified in Table 5 of this subpart; (3) The item of equipment is part of a PMPU, as defined in § 63.1251; (4) The item of equipment is controlled less stringently than in Table 5 of this subpart and the item of equipment is not otherwise exempt from controls by the provisions of this subpart or subpart A of this part; and (5) The item of equipment: (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or oil/water separator that conveys water with an annual average concentration greater than or equal to 1,300 parts per million by weight (ppmw) of partially soluble HAP compounds; or an annual average concentration greater than or equal to 5,200 ppmw of partially soluble and/or soluble HAP compounds. The annual average concentration shall be determined according to the procedures in § 63.1257(e)(1)(ii). (ii) Is a tank that receives one or more streams that contain water with an annual average concentration greater than or equal to 1,300 ppmw of partially soluble HAP compounds, or greater than or equal to 5,200 ppmw of total partially soluble and/or soluble HAP compounds. The owner or operator of the source shall determine the average concentration of the stream at the inlet to the tank and according to the procedures in § 63.1257(e)(1)(ii). (g) Control requirements for halogenated vent streams that are controlled by combustion devices. (1) A halogen reduction device after the combustion control device must reduce overall emissions of hydrogen halides and halogens, as defined in § 63.1251, by 95 percent or to a concentration less than or equal to 20 ppmv. (2) A halogen reduction device located before the combustion control device must reduce the halogen atom content of the vent stream to a concentration less than or equal to 20 ppmv. (h) Planned routine maintenance for centralized combustion control devices. (1) For equipment leaks and wastewater emissions that normally are controlled by the CCCD, if any, the owner or operator must continue to comply with the requirements in §§ 63.1255(b)(4)(ii) and 63.1256(h), respectively, using other control devices during the planned routine maintenance period for the CCCD. (2) During the planned routine maintenance period, the owner or operator must route emissions from process vents with organic HAP emissions greater than 15 pounds per day (lb/day) through a closed-vent system to a condenser that meets the conditions specified in paragraphs (h)(2)(i) through (iii) of this section. (i) The outlet gas temperature must be less than −50 °C (−58 °F) when the emission stream contains organic HAP with a partial pressure greater than 20 kPa (2.9 psia). (ii) The outlet gas temperature must be less than −5 °C (23 °F) when the emission stream contains organic HAP with a partial pressure less than or equal to 20 kPa (2.9 psia). (iii) The HAP partial pressures in paragraphs (h)(2)(i) and (ii) of this section must be determined at 25 °C. (3) The owner or operator must route HCl emissions from process vents with HCl emissions greater than 15 lb/day through a closed-vent system to a caustic scrubber, and the pH of the scrubber effluent must be maintained at or above 9. (4) For the purposes of the emission calculations required in paragraphs (h)(2) and (3) of this section, the term “process vent” shall mean each vent from a unit operation. The emission calculation shall not be performed on the aggregated emission stream from multiple unit operations that are manifolded together into a common header. Once an affected process vent has been controlled in accordance with this section, it is no longer subject to the requirements of this section or § 63.1254 during the routine maintenance period. (5) The total period of planned routine maintenance, during which non-dedicated PMPU's that are normally controlled by the CCCD continue to operate, and process vent emissions are controlled as specified in paragraphs (h)(2) and (3) of this section, must not exceed 240 hours in any 365-day period. (6) While being controlled as specified in paragraphs (h)(2) and (3) of this section, the process vents may not be used in emissions averaging. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52600, Aug. 29, 2000; 66 FR 40131, Aug. 2, 2001] § 63.1253 Standards: Storage tanks. (a) Except as provided in paragraphs (d), (e), and (f) of this section, the owner or operator of a storage tank meeting the criteria of paragraph (a)(1) of this section is subject to the requirements of paragraph (b) of this section. Except as provided in paragraphs (d), (e), and (f) of this section, the owner or operator of a storage tank meeting the criteria of paragraph (a)(2) of this section is subject to the requirements of paragraph (c) of this section. Compliance with the provisions of paragraphs (b) and (c) of this section is demonstrated using the initial compliance procedures in § 63.1257(c) and the monitoring requirements in § 63.1258. (1) A storage tank with a design capacity greater than or equal to 38 m 3 3 (2) A storage tank with a design capacity greater than or equal to 75 m 3 (b) The owner or operator of a storage tank shall equip the affected storage tank with either a fixed roof with internal floating roof, an external floating roof, an external floating roof converted to an internal floating roof, or a closed-vent system meeting the conditions of § 63.1252(b) with a control device that meets any of the following conditions: (1) Reduces inlet emissions of total HAP by 90 percent by weight or greater; (2) Reduces emissions to outlet concentrations less than or equal to 20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and halogens; (3) Is an enclosed combustion device that provides a minimum residence time of 0.5 seconds at a minimum temperature of 760 °C; (4) Is a flare that meets the requirements of § 63.11(b); or (5) Is a control device specified in § 63.1257(a)(4). (c) The owner or operator of a storage tank shall equip the affected storage tank with either a fixed roof with internal floating roof, an external floating roof, an external floating roof converted to an internal floating roof, or a closed-vent system meeting the conditions of § 63.1252(b) with a control device that meets any of the following conditions: (1) Reduces inlet emissions of total HAP as specified in paragraph (c)(1) (i) or (ii) of this section: (i) By 95 percent by weight or greater; or (ii) If the owner or operator can demonstrate that a control device installed on a storage tank on or before April 2, 1997 is designed to reduce inlet emissions of total HAP by greater than or equal to 90 percent by weight but less than 95 percent by weight, then the control device is required to be operated to reduce inlet emissions of total HAP by 90 percent or greater. (2) Reduces emissions to outlet concentrations less than or equal to 20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and halogens; (3) Is an enclosed combustion device that provides a minimum residence time of 0.5 seconds at a minimum temperature of 760 °C; (4) Is a flare that meets the requirements of § 63.11(b); or (5) Is a control device specified in § 63.1257(a)(4). (d) As an alternative standard, the owner or operator of an existing or new affected source may comply with the storage tank standards by routing storage tank vents to a combustion control device achieving an outlet TOC concentration, as calibrated on methane or the predominant HAP, of 20 ppmv or less, and an outlet concentration of hydrogen halides and halogens of 20 ppmv or less. If the owner or operator is routing emissions to a noncombustion control device, it must achieve an outlet TOC concentration, as calibrated on methane or the predominant HAP, of 50 ppmv or less, and an outlet concentration of hydrogen halides and halogens of 50 ppmv or less. Compliance with the outlet concentrations shall be determined by the initial compliance procedures of § 63.1257(c)(4) and the continuous emission monitoring requirements of § 63.1258(b)(5). (e) Planned routine maintenance. (f) Vapor balancing alternative. (1) The vapor balancing system must be designed and operated to route organic HAP vapors displaced from loading of the storage tank to the railcar or tank truck from which the storage tank is filled. (2) Tank trucks and railcars must have a current certification in accordance with the U.S. Department of Transportation (DOT) pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars. (3) Hazardous air pollutants must only be unloaded from tank trucks or railcars when vapor collection systems are connected to the storage tank's vapor collection system. (4) No pressure relief device on the storage tank, or on the railcar, or tank truck shall open during loading or as a result of diurnal temperature changes (breathing losses). (5) Pressure relief devices on affected storage tanks must be set to no less than 2.5 psig at all times to prevent breathing losses. The owner or operator shall record the setting as specified in § 63.1259(b)(12) and comply with the requirements for each pressure relief valve in paragraphs (f)(5)(i) through (iii) of this section: (i) The pressure relief valve shall be monitored quarterly using the method described in § 63.180(b). (ii) An instrument reading of 500 ppmv or greater defines a leak. (iii) When a leak is detected, it shall be repaired as soon as practicable, but no later than 5 days after it is detected, and the owner or operator shall comply with the recordkeeping requirements of § 63.1255(g)(4)(i) through (iv). (6) Railcars or tank trucks that deliver HAP to an affected storage tank must be reloaded or cleaned at a facility that utilizes one of the control techniques in paragraph (f)(6)(i) through (ii) of this section: (i) The railcar or tank truck must be connected to a closed-vent system with a control device that reduces inlet emissions of HAP by 90 percent by weight or greater; or (ii) A vapor balancing system designed and operated to collect organic HAP vapor displaced from the tank truck or railcar during reloading must be used to route the collected HAP vapor to the storage tank from which the liquid being transferred originated. (7) The owner or operator of the facility where the railcar or tank truck is reloaded or cleaned must comply with the requirements in paragraph (f)(7)(i) through (iii) of this section: (i) Submit to the owner or operator of the affected storage tank and to the Administrator a written certification that the reloading or cleaning facility will meet the requirements of this section. The certifying entity may revoke the written certification by sending a written statement to the owner or operator of the affected storage tank giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements of this paragraph (b)(7). (ii) If complying with paragraph (f)(6)(i) of this section, demonstrate initial compliance in accordance with § 63.1257(c), demonstrate continuous compliance in accordance with § 63.1258, keep records as specified in § 63.1259, and prepare reports as specified in § 63.1260. (iii) If complying with paragraph (f)(6)(ii) of this section, keep records of: (A) The equipment to be used and the procedures to be followed when reloading the railcar or tank truck and displacing vapors to the storage tank from which the liquid originates, and (B) Each time the vapor balancing system is used to comply with paragraph (f)(6)(ii) of this section. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52601, Aug. 29, 2000; 66 FR 40132, Aug. 2, 2001; 70 FR 25669, May 13, 2005] § 63.1254 Standards: Process vents. (a) Existing sources. (1) Process-based emission reduction requirement. (ii) Any one or more vents within a process may be controlled in accordance with any of the procedures in paragraphs (a)(1)(ii)(A) through (D) of this section. All other vents within the process must be controlled as specified in paragraph (a)(1)(i) of this section. (A) To outlet concentrations less than or equal to 20 ppmv as TOC and less than or equal to 20 ppmv as hydrogen halides and halogens; (B) By a flare that meets the requirements of § 63.11(b); (C) By a control device specified in § 63.1257(a)(4); or (D) In accordance with the alternative standard specified in paragraph (c) of this section. (2) Process-based annual mass limit. (ii) Actual HAP emissions from the sum of all process vents within processes complying with paragraph (a)(2)(i) of this section are limited to a maximum of 1,800 kg in any 365-day period. (iii) Emissions from vents that are subject to the requirements of paragraph (a)(3) of this section and emissions from vents that are controlled in accordance with the procedures in paragraph (c) of this section may be excluded from the sums calculated in paragraphs (a)(2)(i) and (ii) of this section. (iv) The owner or operator may switch from compliance with paragraph (a)(2) of this section to compliance with paragraph (a)(1) of this section only after at least 1 year of operation in compliance with paragraph (a)(2) of this section. Notification of such a change in the compliance method shall be reported according to the procedures in § 63.1260(h). (3) Individual vent emission reduction requirements. Where: FR a D i FR i n = number of emission events FRI = flowrate index, scfm HL = annual uncontrolled HAP emissions, lb/yr, as defined in § 63.1251 (ii) Grandfathering provisions. (A) Control device operation. 1 2 3 4 ( 1 ( 2 ( 3 ( 4 (B) Process operations. 1 3 ( 1 ( 2 ( 3 (C) Hydrogenation vents. 1 3 3 ( 1 ( 2 ( 3 (4) Planned routine maintenance. (i) Shutdown the affected process. (ii) Comply with the requirements of paragraphs (a)(1) through (3) of this section by using other means. (iii) For a non-dedicated PMPU, implement the procedures described in paragraphs (a)(4)(iii)(A) through (C) of this section for those process vents that are normally controlled by the CCCD. This option is not available for process vents from dedicated PMPU's. (A) If the owner or operator uses a CCCD to comply with the 93 percent reduction requirement in paragraph (a)(1)(i) or (ii) of this section, the outlet concentration limit in paragraph (a)(1)(ii)(A) of this section, the alternative standard as specified in paragraphs (a)(1)(ii)(D) and (c) of this section, or the annual mass limit in paragraph (a)(2) of this section, implement the provisions in § 63.1252(h) during planned routine maintenance of the CCCD. (B) If the owner or operator reduces HAP emissions from process vents by using a CCCD that is also a control device specified in § 63.1257(a)(4), implement the provisions in § 63.1252(h) during planned routine maintenance of the CCCD. (C) If the owner or operator uses a CCCD to reduce emissions from a process vent subject to paragraph (a)(3) of this section, implement the planned routine maintenance provisions in § 63.1252(h) for that vent only if the reason the planned routine maintenance is needed, and the reason it cannot be performed at a time when the vent subject to paragraph (a)(3) of this section is not operating, has been described in the Notification of Compliance Status Report or a periodic report submitted before the planned routine maintenance event. (b) New sources. (2) Annual mass limit. (c) Alternative standard. [65 FR 52601, Aug. 29, 2000, as amended at 66 FR 40132, Aug. 2, 2001] § 63.1255 Standards: Equipment leaks. (a) General equipment leak requirements. (2) Consistency with other regulations. (i) 40 CFR part 60. (ii) 40 CFR part 61. (3) [Reserved] (4) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (a)(2) of this section. (5) Lines and equipment not containing process fluids are not subject to the provisions of this section. Utilities, and other nonprocess lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process. (6) The provisions of this section do not apply to bench-scale processes, regardless of whether the processes are located at the same plant site as a process subject to the provisions of this subpart. (7) Equipment to which this section applies shall be identified such that it can be distinguished readily from equipment that is not subject to this section. Identification of the equipment does not require physical tagging of the equipment. For example, the equipment may be identified on a plant site plan, in log entries, or by designation of process boundaries by some form of weatherproof identification. If changes are made to the affected source subject to the leak detection requirements, equipment identification for each type of component shall be updated, if needed, within 90 calendar days or by the next Periodic Report following the end of the monitoring period for that component, whichever is later. (8) Equipment that is in vacuum service is excluded from the requirements of this section. (9) Equipment that is in organic HAP service, but is in such service less than 300 hours per calendar year, is excluded from the requirements of this section if it is identified as required in paragraph (g)(9) of this section. (10) When each leak is detected by visual, audible, or olfactory means, or by monitoring as described in § 63.180(b) or (c), the following requirements apply: (i) A weatherproof and readily visible identification, marked with the equipment identification number, shall be attached to the leaking equipment. (ii) The identification on a valve in light liquid or gas/vapor service may be removed after it has been monitored as specified in paragraph (e)(7)(iii) of this section, and no leak has been detected during the follow-up monitoring. (iii) The identification on equipment, except on a valve in light liquid or gas/vapor service, may be removed after it has been repaired. (11) Except as provided in paragraph (a)(11)(i) of this section, all terms in this subpart that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual) refer to the standard calendar periods unless specified otherwise in the section or paragraph that imposes the requirement. (i) If the initial compliance date does not coincide with the beginning of the standard calendar period, an owner or operator may elect to utilize a period beginning on the compliance date, or may elect to comply in accordance with the provisions of paragraph (a)(11)(ii) or (iii) of this section. (ii) Time periods specified in this subpart for completion of required tasks may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part. For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (iii) Except as provided in paragraph (a)(11)(i) or (ii) of this section, where the period specified for compliance is a standard calendar period, if the initial compliance date does not coincide with the beginning of the calendar period, compliance shall be required according to the schedule specified in paragraph (a)(11)(iii)(A) or (B) of this section, as appropriate. (A) Compliance shall be required before the end of the standard calendar period within which the initial compliance date occurs if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (B) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance date occurs. (iv) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during each period, provided the task is conducted at a reasonable interval after completion of the task during the previous period. (12) In all cases where the provisions of this subpart require an owner or operator to repair leaks by a specified time after the leak is detected, it is a violation of this section to fail to take action to repair the leaks within the specified time. If action is taken to repair the leaks within the specified time, failure of that action to successfully repair the leak is not a violation of this section. However, if the repairs are unsuccessful, a leak is detected and the owner or operator shall take further action as required by applicable provisions of this section. (b) References. (2) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170, 63.173, 63.175, 63.176, 63.181, and 63.182 shall not apply for the purposes of this subpart GGG. The owner or operator shall comply with the provisions specified in paragraphs (b)(2)(i) through (viii) of this section. (i) Sections 63.160 and 63.162 shall not apply; instead, the owner or operator shall comply with paragraph (a) of this section; (ii) Section 63.161 shall not apply; instead, the owner or operator shall comply with § 63.1251; (iii) Sections 63.163 and 63.173 shall not apply; instead, the owner or operator shall comply with paragraph (c) of this section; (iv) Section 63.167 shall not apply; instead, the owner or operator shall comply with paragraph (d) of this section; (v) Section 63.168 shall not apply; instead, the owner or operator shall comply with paragraph (e) of this section; (vi) Section 63.170 shall not apply; instead, the owner or operator shall comply with § 63.1254; (vii) Section 63.181 shall not apply; instead, the owner or operator shall comply with paragraph (g) of this section; and (viii) Section 63.182 shall not apply; instead, the owner or operator shall comply with paragraph (h) of this section. (3) The owner or operator shall comply with §§ 63.164, 63.165, 63.166, 63.169, 63.177, and 63.179 in their entirety, except that when these sections reference other sections of subpart H of this part, the references shall mean the sections specified in paragraphs (b)(2) and (4) of this section. Section 63.164 applies to compressors. Section 63.165 applies to pressure relief devices in gas/vapor service. Section 63.166 applies to sampling connection systems. Section 63.169 applies to pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service. Section 63.177 applies to general alternative means of emission limitation. Section 63.179 applies to alternative means of emission limitation for enclosed-vented process units. (4) The owner or operator shall comply with §§ 63.171, 63.172, 63.174, 63.178, and 63.180, except as specified in paragraphs (b)(4)(i) through (vi) of this section. (i) Section 63.171 shall apply, except § 63.171(a) shall not apply. Instead, delay of repair of equipment for which leaks have been detected is allowed if one of the conditions in paragraphs (b)(4)(i)(A) through (B) exists: (A) The repair is technically infeasible without a process shutdown. Repair of this equipment shall occur by the end of the next scheduled process shutdown. (B) The owner or operator determines that repair personnel would be exposed to an immediate danger if attempting to repair without a process shutdown. Repair of this equipment shall occur by the end of the next scheduled process shutdown. (ii) Section 63.172 shall apply for closed-vent systems used to comply with this section, and for control devices used to comply with this section only, except: (A) Section 63.172(k) and (l) shall not apply. The owner or operator shall instead comply with paragraph (f) of this section. (B) Owners or operators may, instead of complying with the provisions of § 63.172(f), design a closed-vent system to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gage or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the associated control device is operating. (C) The requirements apply at all times, except as specified in § 63.1250(g). The owner or operator may not comply with the planned routine maintenance provisions in § 63.1252(h). (iii) Section 63.174 shall apply except: (A) Section 63.174(f), (g), and (h) shall not apply. Instead of § 63.174(f), (g), and (h), the owner or operator shall comply with paragraph (f) of this section. Section 63.174(b)(3) shall not apply. Instead of § 63.174(b)(3), the owner or operator shall comply with paragraphs (b)(4)(iii)(B) through (F) of this section. (B) If the percent leaking connectors in a group of processes was greater than or equal to 0.5 percent during the initial monitoring period, monitoring shall be performed once per year until the percent leaking connectors is less than 0.5 percent. (C) If the percent leaking connectors in the group of processes was less than 0.5 percent, but equal to or greater than 0.25 percent, during the initial or last required monitoring period, the owner or operator may elect to monitor once every 4 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 40 percent of the connectors in the first 2 years and the remainder of the connectors within the next 2 years. The percent leaking connectors will be calculated for the total of all required monitoring performed during the 4-year period. (D) Except as provided in paragraph (b)(4)(iii)(B) of this section, if leaking connectors comprise at least 0.5 percent but less than 1.0 percent of the connectors during the last monitoring period, the owner or operator shall monitor at least once every 2 years for the next monitoring period. At the end of that 2-year monitoring period, if the percent leaking connectors is greater than or equal to 0.5 percent, the owner or operator shall monitor once per year until the percent leaking connectors is less than 0.5 percent. If, at the end of a monitoring period, the percent leaking connectors is less than 0.5 percent, the owner or operator shall monitor in accordance with paragraph (b)(4)(iii)(C) or (F) of this section, as appropriate. (E) If an owner or operator determines that 1 percent or greater of the connectors in a group of processes are leaking, the owner or operator shall monitor the connectors once per year. The owner or operator may elect to use the provisions of paragraph (b)(4)(iii)(C), (D), or (F) of this section, as appropriate, after a monitoring period in which less than 1 percent of the connectors are determined to be leaking. (F) The owner or operator may elect to perform monitoring once every 8 years if the percent leaking connectors in the group of processes was less than 0.25 percent during the initial or last required monitoring period. An owner or operator shall monitor at least 50 percent of the connectors in the first 4 years and the remainder of the connectors within the next 4 years. If the percent leaking connectors in the first 4 years is equal to or greater than 0.35 percent, the monitoring program shall revert at that time to the appropriate monitoring frequency specified in paragraph (b)(4)(iii)(C), (D), or (E) of this section. (iv) Section 63.178 shall apply except: (A) Section 63.178(b), requirements for pressure testing, may be applied to all processes (not just batch processes) and to supply lines between storage and processing areas. (B) For pumps, the phrase “at the frequencies specified in Table 1 of this subpart” in § 63.178(c)(3)(iii) shall mean “quarterly” for the purposes of this subpart. (v) Section 63.180 shall apply except § 63.180(b)(4)(ii)(A) through (C) shall not apply. Instead, calibration gases shall be a mixture of methane and air at a concentration of approximately, but less than, 10,000 parts per million methane for agitators; 2,000 parts per million for pumps; and 500 parts per million for all other equipment, except as provided in § 63.180(b)(4)(iii). (vi) When §§ 63.171, 63.172, 63.174, 63.178, and 63.180 reference other sections in subpart H of this part, the references shall mean those sections specified in paragraphs (b)(2) and (b)(4)(i) through (v) of this section, as applicable. (c) Standards for pumps in light liquid service and agitators in gas/vapor service and in light liquid service. (2)(i) Monitoring. (ii) Leak definition. (A) For agitators, an instrument reading of 10,000 parts per million or greater. (B) For pumps, an instrument reading of 2,000 parts per million or greater. (iii) Visual Inspections. (A) The owner or operator shall monitor the pump or agitator by the method specified in § 63.180(b). If the instrument reading indicates a leak as specified in paragraph (c)(2)(ii) of this section, a leak is detected. (B) The owner or operator shall eliminate the visual indications of liquids dripping. (3) Repair provisions. (ii) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. First attempts at repair include, but are not limited to, the following practices where practicable: (A) Tightening of packing gland nuts. (B) Ensuring that the seal flush is operating at design pressure and temperature. (4) Calculation of percent leakers. (ii) If, calculated on a 1-year rolling average, the greater of either 10 percent or three of the pumps in a group of processes leak, the owner or operator shall monitor each pump once per month, until the calculated 1-year rolling average value drops below 10 percent or three pumps, as applicable. (iii) The number of pumps in a group of processes shall be the sum of all the pumps in organic HAP service, except that pumps found leaking in a continuous process within 1 quarter after startup of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (iv) Percent leaking pumps shall be determined by the following Equation 3: %P L L S T S Where: %P L P L P T P S (5) Exemptions. (i) Each dual mechanical seal system is: (A) Operated with the barrier fluid at a pressure that is at all times greater than the pump/agitator stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of paragraph (b)(4)(ii) of this section; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (ii) The barrier fluid is not in light liquid service. (iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (iv) Each pump/agitator is checked by visual inspection each calendar week for indications of liquids dripping from the pump/agitator seal. If there are indications of liquids dripping from the pump or agitator seal at the time of the weekly inspection, the owner or operator shall follow the procedures specified in either paragraph (c)(5)(iv)(A) or (B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the pump or agitator using the method specified in § 63.180(b) to determine if there is a leak of organic HAP in the barrier fluid. If the instrument reading indicates a leak, as specified in paragraph (c)(2)(ii) of this section, a leak is detected. (B) The owner or operator shall eliminate the visual indications of liquids dripping. (v) Each sensor as described in paragraph (c)(5)(iii) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (vi)(A) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicate failure of the seal system, the barrier fluid system, or both. (B) If indications of liquids dripping from the pump/agitator seal exceed the criteria established in paragraph (c)(5)(vi)(A) of this section, or if, based on the criteria established in paragraph (c)(5)(vi)(A) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or (B) of this section, the leak must be repaired as specified in paragraph (c)(3) of this section. (6) Any pump/agitator that is designed with no externally actuated shaft penetrating the pump/agitator housing is exempt from the requirements of paragraphs (c)(1) through (3) of this section. (7) Any pump/agitator equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals back to the process or to a control device that complies with the requirements of paragraph (b)(4)(ii) of this section is exempt from the requirements of paragraphs (c)(2) through (5) of this section. (8) Any pump/agitator that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section, and the daily requirements of paragraph (c)(5)(v) of this section, provided that each pump/agitator is visually inspected as often as practicable and at least monthly. (9) If more than 90 percent of the pumps in a group of processes meet the criteria in either paragraph (c)(5) or (6) of this section, the group of processes is exempt from the requirements of paragraph (c)(4) of this section. (d) Standards: Open-ended valves or lines. (ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring process fluid flow through the open-ended valve or line, or during maintenance or repair. The cap, blind flange, plug, or second valve shall be in place within 1 hour of cessation of operations requiring process fluid flow through the open-ended valve or line, or within 1 hour of cessation of maintenance or repair. The owner or operator is not required to keep a record documenting compliance with the 1-hour requirement. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (d)(1) of this section at all other times. (4) Open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset are exempt from the requirements of paragraphs (d)(1) through (d)(3) of this section. (5) Open-ended valves or lines containing materials which would autocatalytically polymerize are exempt from the requirements of paragraphs (d)(1) through (d)(3) of this section. (6) Open-ended valves or lines containing materials which could cause an explosion, serious overpressure, or other safety hazard if capped or equipped with a double block and bleed system as specified in paragraphs (d)(1) through (d)(3) of this section are exempt from the requirements of paragraphs (d)(1) through (d)(3) of this section. (e) Standards: Valves in gas/vapor service and in light liquid service. (2) For existing and new affected sources, all valves subject to this section shall be monitored, except as provided in paragraph (f) of this section and in § 63.177, by no later than 1 year after the compliance date. (3) Monitoring. (i) The valves shall be monitored to detect leaks by the method specified in § 63.180(b). (ii) An instrument reading of 500 parts per million or greater defines a leak. (4) Subsequent monitoring frequencies. (i) For a group of processes with 2 percent or greater leaking valves, calculated according to paragraph (e)(6) of this section, the owner or operator shall monitor each valve once per month, except as specified in paragraph (e)(9) of this section. (ii) For a group of processes with less than 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter, except as provided in paragraphs (e)(4)(iii) through (e)(4)(v) of this section. (iii) For a group of processes with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 quarters. (iv) For a group of processes with less than 0.5 percent leaking valves, the owner or operator may elect to monitor each valve once every 4 quarters. (v) For a group of processes with less than 0.25 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 years. (5) Calculation of percent leakers. (i) The overall performance of total valves in the applicable group of processes must be less than 2 percent leaking valves, as detected according to paragraphs (e)(3) (i) and (ii) of this section and as calculated according to paragraphs (e)(6) (ii) and (iii) of this section. (ii) The initial assignment or subsequent reassignment of valves to subgroups shall be governed by the provisions of paragraphs (e)(5)(ii) (A) through (C) of this section. (A) The owner or operator shall determine which valves are assigned to each subgroup. Valves with less than 1 year of monitoring data or valves not monitored within the last 12 months must be placed initially into the most frequently monitored subgroup until at least 1 year of monitoring data has been obtained. (B) Any valve or group of valves can be reassigned from a less frequently monitored subgroup to a more frequently monitored subgroup provided that the valves to be reassigned were monitored during the most recent monitoring period for the less frequently monitored subgroup. The monitoring results must be included with the less frequently monitored subgroup's monitoring event and associated next percent leaking valves calculation for that group. (C) Any valve or group of valves can be reassigned from a more frequently monitored subgroup to a less frequently monitored subgroup provided that the valves to be reassigned have not leaked for the period of the less frequently monitored subgroup (e.g., for the last 12 months, if the valve or group of valves is to be reassigned to a subgroup being monitored annually). Nonrepairable valves may not be reassigned to a less frequently monitored subgroup. (iii) The owner or operator shall determine every 6 months if the overall performance of total valves in the applicable group of processes is less than 2 percent leaking valves and so indicate the performance in the next periodic report. If the overall performance of total valves in the applicable group of processes is 2 percent leaking valves or greater, the owner or operator shall revert to the program required in paragraphs (e)(2) through (e)(4) of this section. The overall performance of total valves in the applicable group of processes shall be calculated as a weighted average of the percent leaking valves of each subgroup according to the following Equation 4: where: %V LO %V Li V i (iv) Records. (A) Which valves are assigned to each subgroup, (B) Monitoring results and calculations made for each subgroup for each monitoring period, (C) Which valves are reassigned and when they were reassigned, and (D) The results of the semiannual overall performance calculation required in paragraph (e)(5)(iii) of this section. (v) The owner or operator shall notify the Administrator no later than 30 days prior to the beginning of the next monitoring period of the decision to subgroup valves. The notification shall identify the participating processes and the valves assigned to each subgroup. (vi) Semiannual reports. (A) Valve reassignments occurring during the reporting period, and (B) Results of the semiannual overall performance calculation required by paragraph (e)(5)(iii) of this section. (vii) To determine the monitoring frequency for each subgroup, the calculation procedures of paragraph (e)(6)(iii) of this section shall be used. (viii) Except for the overall performance calculations required by paragraphs (e)(5)(i) and (e)(5)(iii) of this section, each subgroup shall be treated as if it were a process for the purposes of applying the provisions of this section. (6)(i) The owner or operator shall decide no later than the implementation date of this subpart or upon revision of an operating permit how to group the processes. Once the owner or operator has decided, all subsequent percentage calculations shall be made on the same basis. (ii) Percent leaking valves for each group of processes or subgroup shall be determined by the following Equation 5: %V L L T Where: %V L V T (iii) When determining monitoring frequency for each group of processes or subgroup subject to monthly, quarterly, or semiannual monitoring frequencies, the percent leaking valves shall be the arithmetic average of the percent leaking valves from the last two monitoring periods. When determining monitoring frequency for each group of processes or subgroup subject to annual or biennial (once every 2 years) monitoring frequencies, the percent leaking valves shall be the arithmetic average of the percent leaking valves from the last three monitoring periods. (iv)(A) Nonrepairable valves shall be included in the calculation of percent leaking valves the first time the valve is identified as leaking and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B) of this section. Otherwise, a number of nonrepairable valves (identified and included in the percent leaking calculation in a previous period) up to a maximum of 1 percent of the total number of valves in organic HAP service at a process may be excluded from calculation of percent leaking valves for subsequent monitoring periods. (B) If the number of nonrepairable valves exceeds 1 percent of the total number of valves in organic HAP service at a process, the number of nonrepairable valves exceeding 1 percent of the total number of valves in organic HAP service shall be included in the calculation of percent leaking valves. (7) Repair provisions. (ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (iii) When a leak is repaired, the valve shall be monitored at least once within the first 3 months after its repair. Days that the valve is not in organic HAP service shall not be considered part of this 3 month period. The monitoring required by this paragraph is in addition to the monitoring required to satisfy the definitions of “repaired” and “first attempt at repair.” (A) The monitoring shall be conducted as specified in § 63.180(b) and (c) as appropriate to determine whether the valve has resumed leaking. (B) Periodic monitoring required by paragraphs (e)(2) through (4) of this section may be used to satisfy the requirements of paragraph (e)(7)(iii) of this section, if the timing of the monitoring period coincides with the time specified in paragraph (e)(7)(iii) of this section. Alternatively, other monitoring may be performed to satisfy the requirements of paragraph (e)(7)(iii) of this section, regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in paragraph (e)(7)(iii) of this section. (C) If a leak is detected by monitoring that is conducted pursuant to paragraph (e)(7)(iii) of this section, the owner or operator shall follow the provisions of paragraphs (e)(7)(iii)(C)( 1 2 ( 1 ( 2 (8) First attempts at repair include, but are not limited to, the following practices where practicable: (i) Tightening of bonnet bolts, (ii) Replacement of bonnet bolts, (iii) Tightening of packing gland nuts, and (iv) Injection of lubricant into lubricated packing. (9) Any equipment located at a plant site with fewer than 250 valves in organic HAP service in the affected source is exempt from the requirements for monthly monitoring specified in paragraph (e)(4)(i) of this section. Instead, the owner or operator shall monitor each valve in organic HAP service for leaks once each quarter, or comply with paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided in paragraph (f) of this section. (f) Unsafe to monitor/inspect, difficult to monitor/inspect, and inaccessible equipment. (i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this section do not apply. (ii) For valves, paragraphs (e)(2) through (7) of this section do not apply. (iii) For connectors, § 63.174(b) through (e) and paragraphs (b)(4)(iii)(B) through (F) of this section do not apply. (iv) For closed-vent systems, § 63.172(f)(1) and (2) and § 63.172(g) do not apply. (2) Equipment that is unsafe to monitor or unsafe to inspect. (ii) Any part of a closed-vent system may be designated as unsafe to inspect if the owner or operator determines that monitoring personnel would be exposed to an immediate danger as a consequence of complying with the monitoring requirements referred to in paragraph (f)(1)(iv) of this section. (iii) The owner or operator of equipment that is designated as unsafe to monitor must have a written plan that requires monitoring of the equipment as frequently as practicable during safe to monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable to the group of processes in which the equipment is located. (iv) For any parts of a closed-vent system designated as unsafe to inspect, the owner or operator must have a written plan that requires inspection of the closed-vent systems as frequently as practicable during safe to inspect times, but not more frequently than annually. (3) Equipment that is difficult to monitor or difficult to inspect. (ii) Any part of a closed-vent system may be designated as difficult to inspect if the owner or operator determines that the equipment cannot be inspected without elevating the monitoring personnel more than 2 meters above a support surface, or it is not accessible in a safe manner when it is in organic HAP service. (iii) At an existing source, any valve, agitator or pump within a group of processes that meets the criteria of paragraph (f)(3)(i) of this section may be designated as difficult to monitor, and any parts of a closed-vent system that meet the requirements of paragraph (f)(3)(ii) of this section may be designated as difficult to inspect. At a new affected source, an owner or operator may designate no more than 3 percent of valves as difficult to monitor. (iv) The owner or operator of valves, agitators, or pumps designated as difficult to monitor must have a written plan that requires monitoring of the equipment at least once per calendar year or on the periodic monitoring schedule otherwise applicable to the group of processes in which the equipment is located, whichever is less frequent. For any part of a closed-vent system designated as difficult to inspect, the owner or operator must have a written plan that requires inspection of the closed-vent system at least once every 5 years. (4) Inaccessible, ceramic, or ceramic-lined connectors. (A) Buried; (B) Insulated in a manner that prevents access to the connector by a monitor probe; (C) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; (D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold which would allow access to equipment up to 7.6 meters (25 feet) above the ground; or (E) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment. (ii) A connector may be designated as inaccessible if it would require elevating the monitoring personnel more than 2 meters above a permanent support surface or would require the erection of scaffold. (iii) At an existing source, any connector that meets the criteria of paragraph (f)(4)(i) or (ii) of this section may be designated as inaccessible. At a new affected source, an owner or operator may designate no more than 3 percent of connectors as inaccessible. (iv) If any inaccessible, ceramic, or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the leak shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (b)(4)(i) of this section. (v) Any connector that is inaccessible or that is ceramic or ceramic-lined is exempt from the recordkeeping and reporting requirements of paragraphs (g) and (h) of this section. (g) Recordkeeping requirements. (2) General recordkeeping. (i)(A) A list of identification numbers for equipment (except connectors that are subject to paragraph (f)(4) of this section) subject to the requirements of this section. Except for equipment subject to the recordkeeping requirements in paragraphs (g)(2)(ii) through (viii) of this section, equipment need not be individually identified if, for a particular type of equipment, all items of that equipment in a designated area or length of pipe subject to the provisions of this section are identified as a group, and the number of subject items of equipment is indicated. The list for each type of equipment shall be completed no later than the completion of the initial survey required for that component. The list of identification numbers shall be updated, if needed, to incorporate equipment changes identified during the course of each monitoring period within 90 calendar days, or by the next Periodic Report, following the end of the monitoring period for the type of equipment component monitored, whichever is later. (B) A schedule for monitoring connectors subject to the provisions of § 63.174(a) and valves subject to the provisions of paragraph (e)(4) of this section. (C) Physical tagging of the equipment to indicate that it is in organic HAP service is not required. Equipment subject to the provisions of this section may be identified on a plant site plan, in log entries, or by other appropriate methods. (ii)(A) A list of identification numbers for equipment that the owner or operator elects to equip with a closed-vent system and control device, under the provisions of paragraph (c)(7) of this section, § 63.164(h), or § 63.165(c). (B) A list of identification numbers for compressors that the owner or operator elects to designate as operating with an instrument reading of less than 500 parts per million above background, under the provisions of § 63.164(i). (iii)(A) A list of identification numbers for pressure relief devices subject to the provisions in § 63.165(a). (B) A list of identification numbers for pressure relief devices equipped with rupture disks, under the provisions of § 63.165(d). (iv) Identification of instrumentation systems subject to the provisions of this section. Individual components in an instrumentation system need not be identified. (v) The following information shall be recorded for each dual mechanical seal system: (A) Design criteria required by paragraph (c)(5)(vi)(A) of this section and § 63.164(e)(2), and an explanation of the design criteria; and (B) Any changes to these criteria and the reasons for the changes. (vi) A list of equipment designated as unsafe to monitor/inspect or difficult to monitor/inspect under paragraph (f) of this section and a copy of the plan for monitoring or inspecting this equipment. (vii) A list of connectors removed from and added to the process, as described in § 63.174(i)(1), and documentation of the integrity of the weld for any removed connectors, as required in § 63.174(j). This is not required unless the net credits for removed connectors is expected to be used. (viii) For equipment that the owner or operator elects to monitor as provided under § 63.178(c), a list of equipment added to batch product processes since the last monitoring period required in § 63.178(c)(3)(ii) and (iii). This list must be completed for each type of equipment within 90 calendar days, or by the next Periodic Report, following the end of the monitoring period for the type of equipment monitored, whichever is later. Also, if the owner or operator elects to adjust monitoring frequency by the time in use, as provided in § 63.178(c)(3)(iii), records demonstrating the proportion of the time during the calendar year the equipment is in use in a manner subject to the provisions of this section are required. Examples of suitable documentation are records of time in use for individual pieces of equipment or average time in use for the process unit. (3) Records of visual inspections. (4) Monitoring records. (i) The instrument and the equipment identification number and the operator name, initials, or identification number. (ii) The date the leak was detected and the date of the first attempt to repair the leak. (iii) The date of successful repair of the leak. (iv) The maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A, after the leak is successfully repaired or determined to be nonrepairable. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (A) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures shall be included in a document that is maintained at the plant site. Reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (B) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked onsite before depletion and the reason for depletion. (vi) If repairs were delayed, dates of process shutdowns that occur while the equipment is unrepaired. (vii)(A) If the alternative in § 63.174(c)(1)(ii) is not in use for the monitoring period, identification, either by list, location (area or grouping), or tagging of connectors disturbed since the last monitoring period required in § 63.174(b), as described in § 63.174(c)(1). (B) The date and results of follow-up monitoring as required in § 63.174(c)(1)(i) and (c)(2)(ii). If identification of disturbed connectors is made by location, then all connectors within the designated location shall be monitored. (viii) The date and results of the monitoring required in § 63.178(c)(3)(i) for equipment added to a batch process since the last monitoring period required in § 63.178(c)(3)(ii) and (iii). If no leaking equipment is found in this monitoring, the owner or operator shall record that the inspection was performed. Records of the actual monitoring results are not required. (ix) Copies of the periodic reports as specified in paragraph (h)(3) of this section, if records are not maintained on a computerized data base capable of generating summary reports from the records. (5) Records of pressure tests. (i) The identification of each product, or product code, produced during the calendar year. It is not necessary to identify individual items of equipment in the process equipment train. (ii) Physical tagging of the equipment to identify that it is in organic HAP service and subject to the provisions of this section is not required. Equipment in a process subject to the provisions of this section may be identified on a plant site plan, in log entries, or by other appropriate methods. (iii) The dates of each pressure test required in § 63.178(b), the test pressure, and the pressure drop observed during the test. (iv) Records of any visible, audible, or olfactory evidence of fluid loss. (v) When a process equipment train does not pass two consecutive pressure tests, the following information shall be recorded in a log and kept for 2 years: (A) The date of each pressure test and the date of each leak repair attempt. (B) Repair methods applied in each attempt to repair the leak. (C) The reason for the delay of repair. (D) The expected date for delivery of the replacement equipment and the actual date of delivery of the replacement equipment. (E) The date of successful repair. (6) Records of compressor and relief device compliance tests. (i) The background level measured during each compliance test. (ii) The maximum instrument reading measured at each piece of equipment during each compliance test. (7) Records for closed-vent systems. (i) The design specifications and performance demonstrations specified in paragraphs (g)(7)(i)(A) through (g)(7)(i)(D) of this section. (A) Detailed schematics, design specifications of the control device, and piping and instrumentation diagrams. (B) The dates and descriptions of any changes in the design specifications. (C) The flare design (i.e., steam assisted, air assisted, or nonassisted) and the results of the compliance demonstration required by § 63.11(b). (D) A description of the parameter or parameters monitored, as required in paragraph (b)(4)(ii) of this section, to ensure that control devices are operated and maintained in conformance with their design and an explanation of why that parameter (or parameters) was selected for the monitoring. (ii) Records of operation of closed-vent systems and control devices. (A) Dates and durations when the closed-vent systems and control devices required in paragraph (c) of this section and §§ 63.164 through 63.166 are not operated as designed as indicated by the monitored parameters, including periods when a flare pilot light system does not have a flame. (B) Dates and durations during which the monitoring system or monitoring device is inoperative. (C) Dates and durations of startups and shutdowns of control devices required in paragraph (c)(7) of this section and §§ 63.164 through 63.166. (iii) Records of inspections of closed-vent systems subject to the provisions of § 63.172. (A) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (f)(2) during which no leaks were detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (B) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (f)(2) during which leaks were detected, the information specified in paragraph (g)(4) of this section shall be recorded. (8) Records for components in heavy liquid service. (9) Records of exempt components. (10) Records of alternative means of compliance determination. (i) Identification of the process(es) and the organic HAP they handle. (ii) A schematic of the process, enclosure, and closed-vent system. (iii) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. (h) Reporting requirements. (i) A Notification of Compliance Status Report described in paragraph (h)(2) of this section, (ii) Periodic reports described in paragraph (h)(3) of this section. (2) Notification of compliance status report. (i) The notification shall provide the information listed in paragraphs (h)(2)(i)(A) through (C) of this section for each process subject to the requirements of paragraphs (b) through (g) of this section. (A) Process group identification. (B) Number of each equipment type (e.g., valves, pumps) in organic HAP service, excluding equipment in vacuum service. (C) Method of compliance with the standard (for example, “monthly leak detection and repair” or “equipped with dual mechanical seals”). (ii) The notification shall provide the information listed in paragraphs (h)(2)(ii)(A) and (B) of this section for each process subject to the requirements of paragraph (b)(4)(iv) of this section and § 63.178(b). (A) Products or product codes subject to the provisions of this section, and (B) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this section. (iii) The notification shall provide the information listed in paragraphs (h)(2)(iii)(A) and (B) of this section for each process subject to the requirements in § 63.179. (A) Process identification. (B) A description of the system used to create a negative pressure in the enclosure and the control device used to comply with the requirements of paragraph (b)(4)(ii) of this section. (iv) Section 63.9(j) shall not apply to the Notification of Compliance Status report described in this paragraph (h)(2). (3) Periodic reports. (i) A report containing the information in paragraphs (h)(3)(ii), (iii), and (iv) of this section shall be submitted semiannually. The first report shall be submitted no later than 240 days after the Notification of Compliance Status Report is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status Report is due. Each subsequent report shall cover the 6-month period following the preceding period. (ii) For equipment complying with the provisions of paragraphs (b) through (g) of this section, except paragraph (b)(4)(iv) of this section and § 63.179, the summary information listed in paragraphs (h)(3)(ii)(A) through (L) of this section for each monitoring period during the 6-month period. (A) The number of valves for which leaks were detected as described in paragraph (e)(3) of this section, the percent leakers, and the total number of valves monitored; (B) The number of valves for which leaks were not repaired as required in paragraph (e)(7) of this section, identifying the number of those that are determined nonrepairable; (C) Separately, the number of pumps and agitators for which leaks were detected as described in paragraph (c)(2) of this section, the total number of pumps and agitators monitored, and, for pumps, the percent leakers; (D) Separately, the number of pumps and agitators for which leaks were not repaired as required in paragraph (c)(3) of this section; (E) The number of compressors for which leaks were detected as described in § 63.164(f); (F) The number of compressors for which leaks were not repaired as required in § 63.164(g); (G) The number of connectors for which leaks were detected as described in § 63.174(a), the percent of connectors leaking, and the total number of connectors monitored; (H) The number of connectors for which leaks were not repaired as required in § 63.174(d), identifying the number of those that are determined nonrepairable; (I) The facts that explain any delay of repairs and, where appropriate, why a process shutdown was technically infeasible. (J) The results of all monitoring to show compliance with §§ 63.164(i), 63.165(a), and 63.172(f) conducted within the semiannual reporting period. (K) If applicable, the initiation of a monthly monitoring program under either paragraph (c)(4)(ii) or paragraph (e)(4)(i) of this section. (L) If applicable, notification of a change in connector monitoring alternatives as described in § 63.174(c)(1). (iii) For owners or operators electing to meet the requirements of § 63.178(b), the report shall include the information listed in paragraphs (h)(3)(iii)(A) through (E) of this paragraph for each process. (A) Product process equipment train identification; (B) The number of pressure tests conducted; (C) The number of pressure tests where the equipment train failed either the retest or two consecutive pressure tests; (D) The facts that explain any delay of repairs; and (E) The results of all monitoring to determine compliance with § 63.172(f) of subpart H. (iv) Any revisions to items reported in earlier Notification of Compliance Status report, if the method of compliance has changed since the last report. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52603, Aug. 29, 2000; 66 FR 40132, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011] § 63.1256 Standards: Wastewater. (a) General. (1) Identify wastewater that requires control. (i) Determine characteristics of a wastewater stream. (A) The wastewater stream contains partially soluble HAP compounds at an annual average concentration greater than 1,300 ppmw, and the total soluble and partially soluble HAP load in all wastewater from the PMPU exceeds 0.25 Mg/yr. (B) The wastewater stream contains partially soluble and/or soluble HAP compounds at an annual average concentration greater than 5,200 ppmw, and the total soluble and partially soluble HAP load in all wastewater from the PMPU exceeds 0.25 Mg/yr. (C) The wastewater stream contains partially soluble and/or soluble HAP at an annual average concentration of greater than 10,000 ppmw, and the total partially soluble and/or soluble HAP load in all wastewater from the affected source is greater than 1 Mg/yr. (D) The wastewater stream contains soluble HAP compounds at an annual average concentration greater than 110,000 ppmw, and the total soluble and partially soluble HAP load in all wastewater from the PMPU exceeds 1 Mg/yr. (ii) Designate wastewater as affected wastewater. (A) From the POD for the wastewater stream that is designated as an affected wastewater stream to the location where the owner or operator elects to designate such wastewater stream as an affected wastewater stream, the owner or operator shall comply with all applicable emission suppression requirements specified in paragraphs (b) through (f) of this section. (B) From the location where the owner or operator designates a wastewater stream as an affected wastewater stream, such wastewater stream shall be managed in accordance with all applicable emission suppression requirements specified in paragraphs (b) through (f) of this section and with the treatment requirements in paragraph (g) of this section. (iii) Scrubber effluent. (2) Requirements for affected wastewater. (ii) Comply with the applicable requirements for control of soluble and partially soluble compounds as specified in paragraph (g) of this section. Alternatively, the owner or operator may elect to comply with the treatment provisions specified in paragraph (a)(5) of this section. (iii) Comply with the applicable monitoring and inspection requirements specified in § 63.1258. (iv) Comply with the applicable recordkeeping and reporting requirements specified in §§ 63.1259 and 63.1260. (3) Requirements for multiphase discharges. (4) Maintenance wastewater requirements. (i) The owner or operator shall prepare a description of maintenance procedures for management of wastewater generated from the emptying and purging of equipment in the process during temporary shutdowns for inspections, maintenance, and repair ( i.e., i.e., (A) Specify the process equipment or maintenance tasks that are anticipated to create wastewater during maintenance activities; and (B) Specify the procedures that will be followed to properly manage the wastewater and minimize organic HAP emissions to the atmosphere; and (C) Specify the procedures to be followed when clearing materials from process equipment. (ii) The owner or operator shall modify and update the information required by paragraph (a)(4)(i) of this section as needed following each maintenance procedure based on the actions taken and the wastewater generated in the preceding maintenance procedure. (5) Offsite treatment or onsite treatment not owned or operated by the source. (i) The owner or operator transferring the wastewater or residual shall: (A) Comply with the provisions specified in paragraphs (b) through (f) of this section for each waste management unit that receives or manages affected wastewater or a residual removed from affected wastewater prior to shipment or transport. (B) Include a notice with each shipment or transport of affected wastewater or residual removed from affected wastewater. The notice shall state that the affected wastewater or residual contains organic HAP that are to be treated in accordance with the provisions of this subpart. When the transport is continuous or ongoing (for example, discharge to a publicly-owned treatment works), the notice shall be submitted to the treatment operator initially and whenever there is a change in the required treatment. The owner or operator shall keep a record of the notice in accordance with § 63.1259(g). (ii) The owner or operator may not transfer the affected wastewater or residual unless the transferee has submitted to the EPA a written certification that the transferee will manage and treat any affected wastewater or residual removed from affected wastewater received from a source subject to the requirements of this subpart in accordance with the requirements of either: (A) Paragraphs (b) through (i) of this section; or (B) Subpart D of this part if alternative emission limitations have been granted the transferor in accordance with those provisions; or (C) Section 63.6(g); or (D) If the affected wastewater streams or residuals removed from affected wastewater streams received by the transferee contain less than 50 ppmw of partially soluble HAP, then the transferee must, at a minimum, manage and treat the affected wastewater streams and residuals in accordance with one of the following: ( 1 ( 2 ( 3 ( 4 (iii) The certifying entity may revoke the written certification by sending a written statement to the EPA and the owner or operator giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the regulatory provisions listed in this paragraph. Upon expiration of the notice period, the owner or operator may not transfer the wastewater stream or residual to the treatment operation. (iv) By providing this written certification to the EPA, the certifying entity accepts responsibility for compliance with the regulatory provisions listed in paragraph (a)(5)(ii) of this section with respect to any shipment of wastewater or residual covered by the written certification. Failure to abide by any of those provisions with respect to such shipments may result in enforcement action by the EPA against the certifying entity in accordance with the enforcement provisions applicable to violations of these provisions by owners or operators of sources. (v) Written certifications and revocation statements, to the EPA from the transferees of wastewater or residuals shall be signed by the responsible official of the certifying entity, provide the name and address of the certifying entity, and be sent to the appropriate EPA Regional Office at the addresses listed in § 63.13. Such written certifications are not transferable by the treater. (b) Wastewater tanks. (1) The owner or operator shall operate and maintain a fixed roof except when the contents of the wastewater tank are heated, treated by means of an exothermic reaction, or sparged, during which time the owner or operator shall comply with the requirements specified in paragraph (b)(2) of this section. For the purposes of this paragraph, the requirements of paragraph (b)(2) of this section are satisfied by operating and maintaining a fixed roof if the owner or operator demonstrates that the total soluble and partially soluble HAP emissions from the wastewater tank are no more than 5 percent higher than the emissions would be if the contents of the wastewater tank were not heated, treated by an exothermic reaction, or sparged. (2) The owner or operator shall comply with the requirements in paragraphs (b)(3) through (9) of this section and shall operate and maintain one of the emission control techniques listed in paragraphs (b)(2)(i) through (iii) of this section. (i) A fixed roof and a closed-vent system that routes the organic HAP vapors vented from the wastewater tank to a control device; or (ii) A fixed roof and an internal floating roof that meets the requirements specified in § 63.119(b), with the differences noted in § 63.1257(c)(3)(i) through (iii) for the purposes of this subpart; or (iii) An external floating roof that meets the requirements specified in §§ 63.119(c), 63.120(b)(5), and 63.120(b)(6), with the differences noted in § 63.1257(c)(3)(i) through (v) for the purposes of this subpart. (3) If the owner or operator elects to comply with the requirements of paragraph (b)(2)(i) of this section, the fixed roof shall meet the requirements of paragraph (b)(3)(i) of this section, the control device shall meet the requirements of paragraph (b)(3)(ii) of this section, and the closed-vent system shall meet the requirements of paragraph (b)(3)(iii) of this section. (i) The fixed roof shall meet the following requirements: (A) Except as provided in paragraph (b)(3)(iv) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.1258(h). (B) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that the wastewater tank contains affected wastewater or residual removed from affected wastewater except when it is necessary to use the opening for wastewater sampling, removal, or for equipment inspection, maintenance, or repair. (ii) The control device shall be designed, operated, and inspected in accordance with the requirements of paragraph (h) of this section. (iii) Except as provided in paragraph (b)(3)(iv) of this section, the closed-vent system shall be inspected in accordance with the requirements of § 63.1258(h). (iv) For any fixed roof tank and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.1258(h). (4) If the owner or operator elects to comply with the requirements of paragraph (b)(2)(ii) of this section, the floating roof shall be inspected according to the procedures specified in § 63.120(a)(2) and (3), with the differences noted in § 63.1257(c)(3)(iv) for the purposes of this subpart. (5) Except as provided in paragraph (b)(6) of this section, if the owner or operator elects to comply with the requirements of paragraph (b)(2)(iii) of this section, seal gaps shall be measured according to the procedures specified in § 63.120(b)(2)(i) through (b)(4) and the wastewater tank shall be inspected to determine compliance with § 63.120(b)(5) and (6) according to the schedule specified in § 63.120(b)(1)(i) through (iii). (6) If the owner or operator determines that it is unsafe to perform the seal gap measurements specified in § 63.120(b)(2)(i) through (b)(4) or to inspect the wastewater tank to determine compliance with § 63.120(b)(5) and (6) because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with the requirements in either paragraph (b)(6)(i) or (ii) of this section. (i) The owner or operator shall measure the seal gaps or inspect the wastewater tank within 30 calendar days of the determination that the floating roof is unsafe. (ii) The owner or operator shall empty and remove the wastewater tank from service within 45 calendar days of determining that the roof is unsafe. If the wastewater tank cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include an explanation of why it was unsafe to perform the inspection or seal gap measurement, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the wastewater tank will be emptied as soon as possible. (7) Except as provided in paragraph (b)(6) of this section, each wastewater tank shall be inspected initially, and semiannually thereafter, for improper work practices in accordance with § 63.1258(g). For wastewater tanks, improper work practice includes, but is not limited to, leaving open any access door or other opening when such door or opening is not in use. (8) Except as provided in paragraph (b)(6) of this section, each wastewater tank shall be inspected for control equipment failures as defined in paragraph (b)(8)(i) of this section according to the schedule in paragraphs (b)(8)(ii) and (iii) of this section in accordance with § 63.1258(g). (i) Control equipment failures for wastewater tanks include, but are not limited to, the conditions specified in paragraphs (b)(8)(i)(A) through (I) of this section. (A) The floating roof is not resting on either the surface of the liquid or on the leg supports. (B) There is stored liquid on the floating roof. (C) A rim seal is detached from the floating roof. (D) There are holes, tears, cracks or gaps in the rim seal or seal fabric of the floating roof. (E) There are visible gaps between the seal of an internal floating roof and the wall of the wastewater tank. (F) There are gaps between the metallic shoe seal or the liquid mounted primary seal of an external floating roof and the wall of the wastewater tank that exceed 212 square centimeters per meter of tank diameter or the width of any portion of any gap between the primary seal and the tank wall exceeds 3.81 centimeters. (G) There are gaps between the secondary seal of an external floating roof and the wall of the wastewater tank that exceed 21.2 square centimeters per meter of tank diameter or the width of any portion of any gap between the secondary seal and the tank wall exceeds 1.27 centimeters. (H) Where a metallic shoe seal is used on an external floating roof, one end of the metallic shoe does not extend into the stored liquid or one end of the metallic shoe does not extend a minimum vertical distance of 61 centimeters above the surface of the stored liquid. (I) A gasket, joint, lid, cover, or door has a crack or gap, or is broken. (ii) The owner or operator shall inspect for the control equipment failures in paragraphs (b)(8)(i)(A) through (H) according to the schedule specified in paragraphs (b)(4) and (5) of this section. (iii) The owner or operator shall inspect for the control equipment failures in paragraph (b)(8)(i)(I) of this section initially, and semiannually thereafter. (9) Except as provided in paragraph (i) of this section, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. If a failure that is detected during inspections required by this section cannot be repaired within 45 calendar days and if the tank cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each. Documentation of a decision to utilize an extension shall include a description of the failure, shall document that alternate storage capacity is unavailable, and shall specify a schedule of actions that will ensure that the control equipment will be repaired or the tank will be emptied as soon as practical. (10) The emission limits specified in § 63.1256 (b)(2) and (h) for control devices used to control emissions from wastewater tanks do not apply during periods of planned routine maintenance of the control device(s) of no more than 240 hours in any 365-day period. The owner or operator may submit an application to the Administrator requesting an extension of this time limit to a total of 360 hours in any 365-day period. The application must explain why the extension is needed, it must specify that no affected wastewater will be added to the tank between the time the 240-hour limit is exceeded and the control device is again operational, and it must be submitted at least 60 days before the 240-hour limit will be exceeded. Wastewater tanks shall not be sparged with air or other gases without an operational control device. (c) Surface impoundments. (1) The owner or operator shall operate and maintain on each surface impoundment either a cover (e.g., air-supported structure or rigid cover) and a closed-vent system that routes the organic hazardous air pollutants vapors vented from the surface impoundment to a control device in accordance with paragraphs (c)(1)(i), (iii), (iv), and (v) of this section, or a floating flexible membrane cover as specified in paragraph (c)(1)(ii) of this section. (i) The cover and all openings shall meet the following requirements: (A) Except as provided in paragraph (c)(1)(v) of this section, the cover and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.1258(h). (B) Each opening shall be maintained in a closed position (e.g., covered by a lid) at all times that affected wastewater or residual removed from affected wastewater is in the surface impoundment except when it is necessary to use the opening for sampling, removal, or for equipment inspection, maintenance, or repair. (C) The cover shall be used at all times that affected wastewater or residual removed from affected wastewater is in the surface impoundment except during removal of treatment residuals in accordance with 40 CFR 268.4 or closure of the surface impoundment in accordance with 40 CFR 264.228. (ii) Floating flexible membrane covers shall meet the requirements specified in paragraphs (c)(1)(ii)(A) through (F) of this section. (A) The floating flexible cover shall be designed to float on the liquid surface during normal operations, and to form a continuous barrier over the entire surface area of the liquid. (B) The cover shall be fabricated from a synthetic membrane material that is either: ( 1 ( 2 1 (C) The cover shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between cover section seams or between the interface of the cover edge and its foundation mountings. (D) Except as provided for in paragraph (c)(1)(ii)(E) of this section, each opening in the floating membrane cover shall be equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. (E) The floating membrane cover may be equipped with one or more emergency cover drains for removal of stormwater. Each emergency cover drain shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening or a flexible fabric sleeve seal. (F) The closure devices shall be made of suitable materials that will minimize exposure of organic HAP to the atmosphere, to the extent practical, and will maintain the integrity of the equipment throughout its intended service life. Factors to be considered in designing the closure devices shall include: the effects of any contact with the liquid and its vapor managed in the surface impoundment; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the surface impoundment on which the floating membrane cover is installed. (G) Whenever affected wastewater or residual from affected wastewater is in the surface impoundment, the floating membrane cover shall float on the liquid and each closure device shall be secured in the closed position. Opening of closure devices or removal of the cover is allowed to provide access to the surface impoundment for performing routine inspection, maintenance, or other activities needed for normal operations and/or to remove accumulated sludge or other residues from the bottom of surface impoundment. Openings shall be maintained in accordance with § 63.1258(h). (iii) The control device shall be designed, operated, and inspected in accordance with paragraph (h) of this section. (iv) Except as provided in paragraph (c)(1)(v) of this section, the closed-vent system shall be inspected in accordance with § 63.1258(h). (v) For any cover and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.1258(h). (2) Each surface impoundment shall be inspected initially, and semiannually thereafter, for improper work practices and control equipment failures in accordance with § 63.1258(g). (i) For surface impoundments, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use. (ii) For surface impoundments, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a crack or gap, or is broken. (3) Except as provided in paragraph (i) of this section, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. (d) Containers. (1) The owner or operator shall operate and maintain a cover on each container used to handle, transfer, or store affected wastewater or a residual removed from affected wastewater in accordance with the following requirements: (i) Except as provided in paragraph (d)(3)(iv) of this section, if the capacity of the container is greater than 0.42 m 3 (A) The requirements specified in § 63.1258(h); or (B) The requirements of subpart PP of this part for containers using level 2 controls that meet the definitions in § 63.923(b)(1) or (2). (ii) If the capacity of the container is less than or equal to 0.42 m 3 (A) The container must meet existing Department of Transportation specifications and testing requirements under 49 CFR part 178; or (B) Except as provided in paragraph (d)(3)(iv) of this section, the cover and all openings shall be maintained without leaks as specified in § 63.1258(h). (iii) The cover and all openings shall be maintained in a closed position (e.g., covered by a lid) at all times that affected wastewater or a residual removed from affected wastewater is in the container except when it is necessary to use the opening for filling, removal, inspection, sampling, or pressure relief events related to safety considerations. (2) Filling of large containers. 3 (i) Comply with any one of the procedures specified in paragraph (d)(2)(i)(A), (B), or (C) of this section. (A) Use a submerged fill pipe. The submerged fill pipe outlet shall extend to no more than 6 inches or within two fill pipe diameters of the bottom of the container while the container is being filled. (B) Locate the container within an enclosure with a closed-vent system that routes the organic HAP vapors vented from the container to a control device. (C) Use a closed-vent system to vent the displaced organic vapors vented from the container to a control device or back to the equipment from which the wastewater is transferred. (ii) The cover shall remain in place and all openings shall be maintained in a closed position except for those openings required for the submerged fill pipe and for venting of the container to prevent physical damage or permanent deformation of the container or cover. (3) During treatment of affected wastewater or a residual removed from affected wastewater, including aeration, thermal or other treatment, in a container, whenever it is necessary for the container to be open, the container shall be located within an enclosure with a closed-vent system that routes the organic HAP vapors vented from the container to a control device. (i) Except as provided in paragraph (d)(3)(iv) of this section, the enclosure and all openings (e.g., doors, hatches) shall be maintained in accordance with the requirements specified in § 63.1258(h). (ii) The control device shall be designed, operated, and inspected in accordance with paragraph (h) of this section. (iii) Except as provided in paragraph (d)(3)(iv) of this section, the closed-vent system shall be inspected in accordance with § 63.1258(h). (iv) For any enclosure and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.1258(h). (4) Each container shall be inspected initially, and semiannually thereafter, for improper work practices and control equipment failures in accordance with § 63.1258(g). (i) For containers, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use. (ii) For containers, control equipment failure includes, but is not limited to, any time a cover or door has a gap or crack, or is broken. (5) Except as provided in paragraph (i) of this section, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification. (e) Individual drain systems. (1) If the owner or operator elects to comply with this paragraph, the owner or operator shall operate and maintain on each opening in the individual drain system a cover and if vented, route the vapors to a process or through a closed-vent system to a control device. The owner or operator shall comply with the requirements of paragraphs (e)(1) (i) through (v) of this section. (i) The cover and all openings shall meet the following requirements: (A) Except as provided in paragraph (e)(1)(iv) of this section, the cover and all openings (e.g., access hatches, sampling ports) shall be maintained in accordance with the requirements specified in § 63.1258(h). (B) The cover and all openings shall be maintained in a closed position at all times that affected wastewater or a residual removed from affected wastewater is in the drain system except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair. (ii) The control device shall be designed, operated, and inspected in accordance with paragraph (h) of this section. (iii) Except as provided in paragraph (e)(1)(iv) of this section, the closed-vent system shall be inspected in accordance with § 63.1258(h). (iv) For any cover and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in § 63.1258(h). (v) The individual drain system shall be designed and operated to segregate the vapors within the system from other drain systems and the atmosphere. (2) Each individual drain system shall be inspected initially, and semiannually thereafter, for improper work practices and control equipment failures, in accordance with § 63.1258(g). (i) For individual drain systems, improper work practice includes, but is not limited to, leaving open any access hatch or other opening when such hatch or opening is not in use for sampling or removal, or for equipment inspection, maintenance, or repair. (ii) For individual drain systems, control equipment failure includes, but is not limited to, any time a joint, lid, cover, or door has a gap or crack, or is broken. (3) Except as provided in paragraph (i) of this section, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 15 calendar days after identification. (4) If the owner or operator elects to comply with this paragraph, the owner or operator shall comply with the requirements in paragraphs (e)(4) (i) through (iii) of this section: (i) Each drain shall be equipped with water seal controls or a tightly fitting cap or plug. The owner or operator shall comply with paragraphs (e)(4)(i)(A) and (B) of this section. (A) For each drain equipped with a water seal, the owner or operator shall ensure that the water seal is maintained. For example, a flow-monitoring device indicating positive flow from a main to a branch water line supplying a trap or water being continuously dripped into the trap by a hose could be used to verify flow of water to the trap. Visual observation is also an acceptable alternative. (B) If a water seal is used on a drain receiving affected wastewater, the owner or operator shall either extend the pipe discharging the wastewater below the liquid surface in the water seal of the receiving drain, or install a flexible shield (or other enclosure which restricts wind motion across the open area between the pipe and the drain) that encloses the space between the pipe discharging the wastewater to the drain receiving the wastewater. (Water seals which are used on hubs receiving wastewater that is not subject to the provisions of this subpart for the purpose of eliminating cross ventilation to drains carrying affected wastewater are not required to have a flexible shield or extended subsurface discharging pipe.) (ii) Each junction box shall be equipped with a tightly fitting solid cover (i.e., no visible gaps, cracks, or holes) which shall be kept in place at all times except during inspection and maintenance. If the junction box is vented, the owner or operator shall comply with the requirements in paragraph (e)(4)(ii) (A) or (B) of this section. (A) The junction box shall be vented to a process or through a closed-vent system to a control device. The closed-vent system shall be inspected in accordance with the requirements of § 63.1258(h) and the control device shall be designed, operated, and inspected in accordance with the requirements of paragraph (h) of this section. (B) If the junction box is filled and emptied by gravity flow (i.e., there is no pump) or is operated with no more than slight fluctuations in the liquid level, the owner or operator may vent the junction box to the atmosphere provided that the junction box complies with the requirements in paragraphs (e)(4)(ii)(B) ( 1 2 ( 1 ( 2 (iii) The owner or operator shall operate and maintain sewer lines as specified in paragraphs (e)(4)(iii)(A) and (B) of this section. (A) Except as specified in paragraph (e)(4)(iii)(B) of this section, each sewer line shall not be open to the atmosphere and shall be covered or enclosed in a manner so as to have no visible gaps or cracks in joints, seals, or other emission interfaces. Note: This provision applies to sewers located inside and outside of buildings. (B) A sewer line connected to drains that are in compliance with paragraph (e)(4)(i) of this section may be vented to the atmosphere, provided that the sewer line entrance to the first downstream junction box is water sealed and the sewer line vent pipe is designed as specified in paragraph (e)(4)(ii)(B)( 1 (5) Equipment used to comply with paragraphs (e)(4) (i), (ii), or (iii) of this section shall be inspected as follows: (i) Each drain using a tightly fitting cap or plug shall be visually inspected initially, and semiannually thereafter, to ensure caps or plugs are in place and that there are no gaps, cracks, or other holes in the cap or plug. (ii) Each junction box shall be visually inspected initially, and semiannually thereafter, to ensure that there are no gaps, cracks, or other holes in the cover. (iii) The unburied portion of each sewer line shall be visually inspected initially, and semiannually thereafter, for indication of cracks or gaps that could result in air emissions. (6) Except as provided in paragraph (i) of this section, when a gap, hole, or crack is identified in a joint or cover, first efforts at repair shall be made no later than 5 calendar days after identification, and repair shall be completed within 15 calendar days after identification. (f) Oil-water separators. (1) The owner or operator shall maintain one of the following: (i) A fixed roof and a closed-vent system that routes the organic HAP vapors vented from the oil-water separator to a control device. The fixed roof, closed-vent system, and control device shall meet the requirements specified in paragraph (f)(2) of this section; (ii) A floating roof that meets the requirements in 40 CFR 60.693-2(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). For portions of the oil-water separator where it is infeasible to construct and operate a floating roof, such as over the weir mechanism, the owner or operator shall operate and maintain a fixed roof, closed-vent system, and control device that meet the requirements specified in paragraph (f)(2) of this section. (2) A fixed roof shall meet the requirements of paragraph (f)(2)(i) of this section, a control device shall meet the requirements of paragraph (f)(2)(ii) of this section, and a closed-vent system shall meet the requirements of (f)(2)(iii) of this section. (i) The fixed roof shall meet the following requirements: (A) Except as provided in (f)(2)(iv) of this section, the fixed roof and all openings (e.g., access hatches, sampling ports, and gauge wells) shall be maintained in accordance with the requirements specified in § 63.1258(h). (B) Each opening shall be maintained in a closed, sealed position (e.g., covered by a lid that is gasketed and latched) at all times that the oil-water separator contains affected wastewater or a residual removed from affected wastewater except when it is necessary to use the opening for sampling or removal, or for equipment inspection, maintenance, or repair. (ii) The control device shall be designed, operated, and inspected in accordance with the requirements of paragraph (h) of this section. (iii) Except as provided in paragraph (f)(2)(iv) of this section, the closed-vent system shall be inspected in accordance with the requirements of § 63.1258(h). (iv) For any fixed-roof and closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements of § 63.1258(h). (3) If the owner or operator elects to comply with the requirements of paragraph (f)(1)(ii) of this section, seal gaps shall be measured according to the procedures specified in 40 CFR part 60, subpart QQQ § 60.696(d)(1) and the schedule specified in paragraphs (f)(3)(i) and (ii) of this section. (i) Measurement of primary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of affected wastewater or a residual removed from affected wastewater and once every 5 years thereafter. (ii) Measurement of secondary seal gaps shall be performed within 60 calendar days after installation of the floating roof and introduction of affected wastewater or a residual removed from affected wastewater and once every year thereafter. (4) Each oil-water separator shall be inspected initially, and semiannually thereafter, for improper work practices in accordance with § 63.1258(g). For oil-water separators, improper work practice includes, but is not limited to, leaving open or ungasketed any access door or other opening when such door or opening is not in use. (5) Each oil-water separator shall be inspected for control equipment failures as defined in paragraph (f)(5)(i) of this section according to the schedule specified in paragraphs (f)(5)(ii) and (iii) of this section. (i) For oil-water separators, control equipment failure includes, but is not limited to, the conditions specified in paragraphs (f)(5)(i)(A) through (G) of this section. (A) The floating roof is not resting on either the surface of the liquid or on the leg supports. (B) There is stored liquid on the floating roof. (C) A rim seal is detached from the floating roof. (D) There are holes, tears, or other open spaces in the rim seal or seal fabric of the floating roof. (E) There are gaps between the primary seal and the separator wall that exceed 67 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the primary seal and the separator wall exceeds 3.8 centimeters. (F) There are gaps between the secondary seal and the separator wall that exceed 6.7 square centimeters per meter of separator wall perimeter or the width of any portion of any gap between the secondary seal and the separator wall exceeds 1.3 centimeters. (G) A gasket, joint, lid, cover, or door has a gap or crack, or is broken. (ii) The owner or operator shall inspect for the control equipment failures in paragraphs (f)(5)(i)(A) through (F) according to the schedule specified in paragraph (f)(3) of this section. (iii) The owner or operator shall inspect for control equipment failures in paragraph (f)(5)(i)(G) of this section initially, and semiannually thereafter. (6) Except as provided in paragraph (i) of this section, when an improper work practice or a control equipment failure is identified, first efforts at repair shall be made no later than 5 calendar days after identification and repair shall be completed within 45 calendar days after identification. (g) Performance standards for treatment processes managing wastewater and/or residuals removed from wastewater. (1) Existing source. (2) New source. (3) Biological treatment processes. (4) Performance tests and design evaluations. (5) Control device requirements. (6) Residuals: general. (7) Treatment using a series of treatment processes. (i) Compliance across the combination of all treatment units or control devices in series. (B) For combinations of treatment processes, each treatment process shall meet the applicable requirements of paragraphs (b) through (f) of this section, except as provided in paragraph (g)(3) of this section. (C) The owner or operator shall identify, and keep a record of, the combination of treatment processes or of control devices, including identification of the first and last treatment process or control device. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status. (D) The performance test or design evaluation shall determine compliance across the combination of treatment processes or control devices. If a performance test is conducted, the “inlet” shall be the point at which the wastewater stream or residual enters the first treatment process, or the vented gas stream enters the first control device. The “outlet” shall be the point at which the treated wastewater stream exits the last treatment process, or the vented gas stream exits the last control device. (ii) Compliance across individual units. (B) The owner or operator shall identify, and keep a record of, the combination of treatment processes, including identification of the first and last treatment process. The owner or operator shall include this information as part of the treatment process description reported in the Notification of Compliance Status report. (C) The owner or operator shall determine the mass removed or destroyed by each treatment process. The performance test or design evaluation shall determine compliance for the combination of treatment processes by adding together the mass removed or destroyed by each treatment process and determine the overall control efficiency of the treatment system. (8) Control options: Wastewater containing partially soluble HAP compounds. (i) 50 ppmw concentration option. (A) Reduce, by removal or destruction, the concentration of total partially soluble HAP compounds to a level less than 50 ppmw as determined by the procedures specified in § 63.1257(e)(2)(iii)(B). (B) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater is designated as an affected wastewater as specified in paragraph (a)(1)(ii) of this section. Dilution shall not be used to achieve compliance with this option. (ii) Percent mass removal/destruction option. (9) Control options: Wastewater containing soluble HAP compounds. (i) 520 ppmw concentration option. (A) Reduce, by removal or destruction, the concentration of total soluble HAP compounds to a level less than 520 ppmw as determined in the procedures specified in § 63.1257(e)(2)(iii)(B). (B) This option shall not be used when the treatment process is a biological treatment process. This option shall not be used when the wastewater is designated as an affected wastewater as specified in paragraph (a)(1)(ii) of this section. Dilution shall not be used to achieve compliance with this option. (ii) Percent mass removal/destruction option. (10) Control option: Enhanced biotreatment for wastewater containing soluble HAP. (11) 95-percent mass reduction option, for biological treatment processes. (i) Except as provided in paragraph (g)(11)(iv) of this section, the owner or operator shall ensure that all wastewater from PMPU's subject to this subpart entering a biological treatment unit are treated to destroy at least 95-percent total mass of all soluble and partially soluble HAP compounds. (ii) For open biological treatment processes, compliance shall be determined using the procedures specified in § 63.1257(e)(2)(iii)(E). For closed aerobic biological treatment processes, compliance shall be determined using the procedures specified in § 63.1257(e)(2)(ii), (iii)(E), or (iii)(G). For closed anaerobic biological treatment processes, compliance shall be determined using the procedures specified in § 63.1257(e)(2)(ii) or (iii)(G). (iii) For each treatment process or waste management unit that receives, manages, or treats wastewater subject to this paragraph, from the POD to the biological treatment unit, the owner or operator shall comply with paragraphs (b) through (f) of this section for control of air emissions. When complying with this paragraph, the term affected wastewater in paragraphs (b) through (f) of this section shall mean all wastewater from PMPU's, not just affected wastewater. (iv) If wastewater is in compliance with the requirements in paragraph (g)(8), (9), or (12) of this section before entering the biological treatment unit, the hazardous air pollutants mass of that wastewater is not required to be included in the total mass flow rate entering the biological treatment unit for the purpose of demonstrating compliance. (12) Percent mass removal/destruction option for soluble HAP compounds at new sources. (13) Treatment in a RCRA unit option. (i) The wastewater or residual is discharged to a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O; (ii) The wastewater or residual is discharged to a process heater or boiler burning hazardous waste for which the owner or operator: (A) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (iii) The wastewater or residual is discharged to an underground injection well for which the owner or operator has been issued a final permit under 40 CFR part 270 or 40 CFR part 144 and complies with the requirements of 40 CFR part 122. The owner or operator shall comply with all applicable requirements of this subpart prior to the point where the wastewater enters the underground portion of the injection well. (14) Residuals. (i) Recycle the residual to a production process or sell the residual for the purpose of recycling. Once a residual is returned to a production process, the residual is no longer subject to this section. (ii) Return the residual to the treatment process. (iii) Treat the residual to destroy the total combined mass flow rate of soluble and/or partially soluble HAP compounds by 99 percent or more, as determined by the procedures specified in § 63.1257(e)(2)(iii)(C) or (D). (iv) Comply with the requirements for RCRA treatment options specified in paragraph (g)(13) of this section. (h) Control devices. (1) Whenever organic HAP emissions are vented to a control device which is used to comply with the provisions of this subpart, such control device shall be operating. (2) The control device shall be designed and operated in accordance with paragraph (h)(2) (i), (ii), (iii), (iv), or (v) of this section, as demonstrated by the provisions in § 63.1257(e)(3). (i) An enclosed combustion device (including but not limited to a vapor incinerator, boiler, or process heater) shall meet the conditions in paragraph (h)(2)(i) (A), (B), or (C) of this section, alone or in combination with other control devices. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (A) Reduce the organic HAP emissions vented to the control device by 95 percent by weight or greater; (B) Achieve an outlet TOC concentration of 20 ppmv on a dry basis corrected to 3 percent oxygen. The owner or operator shall use either Method 18 of 40 CFR part 60, appendix A, or any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part; or (C) Provide a minimum residence time of 0.5 seconds at a minimum temperature of 760 °C. (ii) A vapor recovery system (including but not limited to a carbon adsorption system or condenser), alone or in combination with other control devices, shall reduce the organic HAP emissions vented to the control device by 95 percent by weight or greater or achieve an outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is not applicable to compliance with the provisions of paragraphs (c) or (d) of this section. (iii) A flare shall comply with the requirements of § 63.11(b). (iv) A scrubber, alone or in combination with other control devices, shall reduce the organic HAP emissions in such a manner that 95 weight-percent is either removed, or destroyed by chemical reaction with the scrubbing liquid, or achieve an outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is not applicable to compliance with the provisions of paragraphs (c) or (d) of this section. (v) Any other control device used shall, alone or in combination with other control devices, reduce the organic HAP emissions vented to the control device by 95 percent by weight or greater or achieve an outlet TOC concentration of 20 ppmv. The 20 ppmv performance standard is not applicable to compliance with the provisions of paragraphs (c) or (d) of this section. (3) If the control device is a combustion device, the owner or operator shall comply with the requirements in § 63.1252(g) to control halogenated vent streams. (4) Except as provided in paragraph (i) of this section, if gaps, cracks, tears, or holes are observed in ductwork, piping, or connections to covers and control devices during an inspection, a first effort to repair shall be made as soon as practical but no later than 5 calendar days after identification. Repair shall be completed no later than 15 calendar days after identification or discovery of the defect. (5) The provisions in paragraphs (h)(1) through (4) of this section apply at all times, except as specified in § 63.1250(g). The owner or operator may not comply with the planned routine maintenance provisions in § 63.1252(h) for vent streams from waste management units. (i) Delay of repair. (1) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified, is allowed if the equipment is emptied or is no longer used to treat or manage affected wastewater or residuals removed from affected wastewater. (2) Delay of repair of equipment for which a control equipment failure or a gap, crack, tear, or hole has been identified is also allowed if additional time is necessary due to the unavailability of parts beyond the control of the owner or operator. Repair shall be completed as soon as practical. The owner or operator who uses this provision shall comply with the requirements of § 63.1259(h) to document the reasons that the delay of repair was necessary. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52607, Aug. 29, 2000; 66 FR 40133, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 20, 2006; 76 FR 22600, Apr. 21, 2011] § 63.1257 Test methods and compliance procedures. (a) General. (1) Design evaluation. (i) For an enclosed combustion device used to comply with the provisions of 63.1253 (b)(2) or (c)(2), or 63.1256(h)(2)(i)(C) with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C, the design evaluation must document that these conditions exist. (ii) For a combustion control device that does not satisfy the criteria in paragraph (a)(1)(i) of this section, the design evaluation must document control efficiency and address the following characteristics, depending on the type of control device: (A) For a thermal vapor incinerator, the design evaluation must consider the autoignition temperature of the organic HAP, must consider the vent stream flow rate, and must establish the design minimum and average temperature in the combustion zone and the combustion zone residence time. (B) For a catalytic vapor incinerator, the design evaluation shall consider the vent stream flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet. (C) For a boiler or process heater, the design evaluation shall consider the vent stream flow rate; shall establish the design minimum and average flame zone temperatures and combustion zone residence time; and shall describe the method and location where the vent stream is introduced into the flame zone. (iii) For a condenser, the design evaluation shall consider the vent stream flow rate, relative humidity, and temperature and shall establish the design outlet organic HAP compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. The temperature of the gas stream exiting the condenser must be measured and used to establish the outlet organic HAP concentration. (iv) For a carbon adsorption system that regenerates the carbon bed directly onsite in the control device such as a fixed-bed adsorber, the design evaluation shall consider the vent stream flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon. For vacuum desorption, the pressure drop shall be included. (v) For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design evaluation shall consider the vent stream mass or volumetric flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule. (vi) For a scrubber, the design evaluation shall consider the vent stream composition; constituent concentrations; liquid-to-vapor ratio; scrubbing liquid flow rate and concentration; temperature; and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent stream organic compound concentration level and will include the additional information in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a packed column scrubber. (A) Type and total number of theoretical and actual trays; (B) Type and total surface area of packing for entire column, and for individual packed sections if column contains more than one packed section. (2) Calculation of TOC or total organic HAP concentration. where: CG T CGS i, j i = identifier for a compound n = number of components in the sample j = identifier for a sample m = number of samples in the sample run (3) Outlet concentration correction for supplemental gases Combustion devices. 2d d Where: C c C m %O 2d (ii) Noncombustion devices. Where: C a C m V a V s (4) Exemptions from compliance demonstrations. (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (ii) A boiler or process heater into which the emission stream is introduced with the primary fuel. (iii) A boiler or process heater burning hazardous waste for which the owner or operator: (A) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or (B) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (iv) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (5) Initial compliance with alternative standard. (6) Initial compliance with the 20 ppmv outlet limit. (b) Test methods. (1) EPA Method 1 or 1A of appendix A of part 60 is used for sample and velocity traverses. (2) EPA Method 2, 2A, 2C, or 2D of appendix A of part 60 is used for velocity and volumetric flow rates. (3) EPA Method 3 of appendix A of part 60 is used for gas analysis. (4) EPA Method 4 of appendix A of part 60 is used for stack gas moisture. (5) [Reserved] (6) The following methods are specified for concentration measurements: (i) Method 18 may be used to determine HAP concentration in any control device efficiency determination. (ii) Method 25 of appendix A of part 60 may be used to determine total gaseous nonmethane organic concentration for control efficiency determinations in combustion devices. (iii) Method 26 or 26A of appendix A of part 60 shall be used to determine hydrogen chloride, hydrogen halide and halogen concentrations in control device efficiency determinations or in the 20 ppmv outlet hydrogen halide concentration standard. (iv) Method 25A of appendix A of part 60 may be used to determine the HAP or TOC concentration for control device efficiency determinations under the conditions specified in Method 25 of appendix A for direct measurement of an effluent with a flame ionization detector, or in demonstrating compliance with the 20 ppmv TOC outlet standard. If Method 25A is used to determine the concentration of TOC for the 20 ppmv standard, the instrument shall be calibrated on methane or the predominant HAP. If calibrating on the predominant HAP, the use of Method 25A shall comply with paragraphs (b)(6)(iv)(A) through (C) of this section. (A) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume. (B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (C) The span value of the analyzer must be less than 100 ppmv. (7) Testing conditions for continuous processes. (8) Testing and compliance determination conditions for batch processes. (i) Except as provided in paragraph (b)(9) of this section for condensers, testing shall be conducted at absolute worst-case conditions or hypothetical worst-case conditions. Gas stream volumetric flow rates shall be measured at 15-minute intervals. The HAP or TOC concentration shall be determined from samples collected in an integrated sample over the duration of the test, or from grab samples collected simultaneously with the flow rate measurements (every 15 minutes). If an integrated sample is collected for laboratory analysis, the sampling rate shall be adjusted proportionally to reflect variations in flow rate. The absolute worst-case or hypothetical worst-case conditions shall be characterized by the criteria presented in paragraphs (b)(8)(i)(A) and (B)of this section. In all cases, a site-specific plan shall be submitted to the Administrator for approval prior to testing in accordance with § 63.7(c) and § 63.1260(l). The test plan shall include the emission profile described in paragraph (b)(8)(ii) of this section. (A) Absolute worst-case conditions are defined by the criteria presented in paragraph (b)(8)(i)(A)( 1 2 3 ( 1 ( 2 ( 3 ( i ( ii ( iii (B) Hypothetical worst-case conditions are simulated test conditions that, at a minimum, contain the highest hourly HAP load of emissions that would be predicted to be vented to the control device from the emissions profile described in paragraph (b)(8)(ii)(B) or (C) of this section. (ii) Emissions profile. (A) Emission profile by process. (B) Emission profile by equipment. (C) Emission profile by capture and control device limitation. (iii) Three runs, at a minimum of 1 hour each and a maximum of 8 hours each, are required for performance testing. Each run must occur over the same worst-case conditions, as defined in paragraph (b)(8)(i) of this section. (9) Testing requirements for condensers. (10) Wastewater testing. (i) Method 305. (ii) EPA Method 624, 625, 1624, 1625, 1666, or 1671. (iii) Method 8260 or 8270. (A) Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, and preparation steps. (B) Documentation of specific quality assurance procedures followed during sampling, sample preparation, sample introduction, and analysis. (C) Measurement of the average accuracy and precision of the specific procedures, including field duplicates and field spiking of the material source before or during sampling with compounds having similar chemical characteristics to the target analytes. (iv) Other EPA methods. (A) Validate the method according to section 5.1 or 5.3 of Method 301 of 40 CFR part 63, appendix A. (B) Follow the procedure as specified in “Alternative Validation Procedure for EPA Waste Methods” 40 CFR part 63, appendix D. (v) Methods other than an EPA method. (vi) Sampling plan. (c) Initial compliance with storage tank provisions. (1) Performance test. (i) Equations 8 and 9 of this subpart shall be used to calculate the mass rate of total HAP reasonably expected maximum filling rate at the inlet and outlet of the control device for standard conditions of 20 °C: where: where: C ij oj E i o M ij oj Q i o K 2 −6 −1 n = number of sample components in the gas stream (ii) The percent reduction in total HAP shall be calculated using Equation 10 of this subpart: where: R = control efficiency of control device, percent E i E o (iii) A performance test is not required to be conducted if the control device used to comply with § 63.1253 (storage tank provisions) is also used to comply with § 63.1254 (process vent provisions), and compliance with § 63.1254 has been demonstrated in accordance with paragraph (d) of this section. (2) Design evaluation. (3) Floating roof. (i) When the term “storage vessel” is used in §§ 63.119 and 63.120, the definition of “storage tank” in § 63.1251 shall apply for the purposes of this subpart. (ii) When December 31, 1992 is referred to in § 63.119, April 2, 1997 shall apply instead for the purposes of this subpart. (iii) When April 22, 1994 is referred to in § 63.119, September 21, 1998 shall apply instead for the purposes of this subpart. (iv) When the phrase “the compliance date specified in § 63.100 of subpart F of this part” is referred to in § 63.120, the phrase “the compliance date specified in § 63.1250” shall apply for the purposes of this subpart. (v) When the phrase “the maximum true vapor pressure of the total organic HAP's in the stored liquid falls below the values defining Group 1 storage vessels specified in table 5 or table 6 of this subpart” is referred to in § 63.120(b)(1)(iv), the phrase “the maximum true vapor pressure of the total organic HAP in the stored liquid falls below 13.1 kPa” shall apply for the purposes of this subpart. (4) Initial compliance with alternative standard. (5) Planned maintenance. (d) Initial compliance with process vent provisions. (1) Except as provided in paragraph (a)(4) of this section, initial compliance with the process vent standards in § 63.1254 shall be demonstrated using the procedures specified in paragraphs (d)(1)(i) through (iv), as applicable. (i) Initial compliance with § 63.1254(a)(2)(i) is demonstrated when the actual emissions of HAP from the sum of all process vents within a process is less than or equal to 900 kg/yr. Initial compliance with § 63.1254(a)(2)(ii) is demonstrated when the actual emissions of HAP from the sum of all process vents in compliance with § 63.1254(a)(2)(i) is less than or equal to 1,800 kg/yr. Uncontrolled HAP emissions and controlled HAP emissions shall be determined using the procedures described in paragraphs (d)(2) and (3) of this section. Controlled emissions during periods of planned routine maintenance of a CCCD as specified in § 63.1252(h), must be calculated assuming the HAP emissions are reduced by 93 percent. (ii) Initial compliance with the percent reduction requirements in § 63.1254(a)(1)(i), (a)(3), and (b) is demonstrated by: (A) Determining controlled HAP emissions using the procedures described in paragraph (d)(3) of this section, and uncontrolled HAP emissions determined using the procedures described in paragraph (d)(2) of this section, and demonstrating that the reductions required by § 63.1254(a)(1)(i), (a)(3), and (b) are met; or (B) Controlling the process vents using a device meeting the criteria specified in paragraph (a)(4) of this section. (iii) Initial compliance with the outlet concentration requirements in § 63.1254(a)(1)(ii)(A), (a)(3), and (b)(1) is demonstrated when the outlet TOC concentration is 20 ppmv or less and the outlet hydrogen halide and halogen concentration is 20 ppmv or less. The owner or operator shall demonstrate compliance by fulfilling the requirements in paragraph (a)(6) of this section. (iv) Initial compliance with § 63.1254(c) is demonstrated by fulfilling the requirements of paragraph (a)(5) of this section. (2) Uncontrolled emissions. (i) Emission estimation procedures. (A) Vapor displacement. where: E = mass of HAP emitted V = volume of gas displaced from the vessel R = ideal gas law constant T = temperature of the vessel vapor space; absolute P i MW i n = number of HAP compounds in the emission stream i = identifier for a HAP compound (B) Purging. Where: E = mass of HAP emitted V = purge flow rate at the temperature and pressure of the vessel vapor space R = ideal gas law constant T = temperature of the vessel vapor space; absolute P i P j P T MW i t = time of purge n = number of HAP compounds in the emission stream i = identifier for a HAP compound j = identifier for a condensable compound m = number of condensable compounds (including HAP) in the emission stream (C) Heating. 1 3 2 3 4 ( 1 Where: E = mass of HAP vapor displaced from the vessel being heated x i x j P i P j 760 = atmospheric pressure, mmHg MW HAP Δη = number of moles of noncondensable gas displaced V = volume of free space in the vessel R = ideal gas law constant T 1 T 2 Pa n P atm atm (P j Tn m = number of condensable compounds (including HAP) in the displaced vapor j = identifier for a condensable compound (P i Tn 1 2 MW i n = number of HAP compounds in the emission stream i = identifier for a HAP compound ( 2 2 i ii iii ( i 2 2 ( ii 2 2 HAP ( iii ( 3 i Where: E = mass of HAP vapor displaced from the vessel being heated N avg P T P i, 1 1 P i, 2 2 MW HAP n i, 1 1 n i, 2 2 n = number of HAP compounds in the emission stream ( ii Where: N avg V = volume of free space in vessel P T R = ideal gas law constant T 1 T 2 ( iii Where: V = volume of free space in vessel R = ideal gas law constant T 1 T 2 P i, 1 1 P i, 2 2 n = number of HAP compounds in the emission stream ( 4 4 i ii ( i 3 2 ( ii (D) Depressurization. 1 4 5 9 10 ( 1 Where: V nc1 V nc2 V = free volume in the vessel being depressurized P nc1 P nc2 760 = atmospheric pressure, mmHg ( 2 Where: P nc1 P nc2 P 1 P 2 P j x j m = number of condensable compounds (including HAP) in the emission stream j = identifier for a condensable compound ( 3 Where: n Ri P nc1 P nc2 P i x i n = number of HAP compounds i = identifier for a HAP compound ( 4 Where: E = mass of HAP emitted V nc1 V nc2 n Ri P atm R = ideal gas law constant T = temperature of the vessel, absolute MW i ( 5 Where: Y HAP i V = free volume in the vessel being depressurized P 1 R = ideal gas law constant T = vessel temperature, absolute ( 6 Where: n 1 n 2 V = free volume in the vessel being depressurized P nc1 P nc2 R = ideal gas law constant T = temperature, absolute ( 7 ( 8 where: n HAP n 1 n 2 ( 9 E=η HAP HAP where: E = mass of HAP emitted η HAP MW HAP ( 10 Where: V = free volume in vessel being depressurized R = ideal gas law constant T = temperature of the vessel, absolute P 1 P 2 P j MW i n = number of HAP compounds in the emission stream m = number of condensable compounds (including HAP) in the emission stream i = identifier for a HAP compound j = identifier for a condensable compound. (E) Vacuum systems. Where: E = mass of HAP emitted P system P i P j La = total air leak rate in the system, mass/time MW nc t = time of vacuum operation MW i (F) Gas evolution. Where: V = volumetric flow rate of gas evolution W g R = ideal gas law constant T = temperature at the exit, absolute P T MW g (G) Air drying. Where: E = mass of HAP emitted B = mass of dry solids PS 1 PS 2 (H) Empty vessel purging. -Ft/v Where: V = volume of empty vessel R = ideal gas law constant T = temperature of the vessel vapor space; absolute P i (MW i F = flowrate of the purge gas t = duration of the purge n = number of HAP compounds in the emission stream i = identifier for a HAP compound (ii) Engineering assessments. (A) Previous test results, provided the tests are representative of current operating practices at the process unit. (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (C) Maximum flow rate, HAP emission rate, concentration, or other relevant parameter specified or implied within a permit limit applicable to the process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 (E) All data, assumptions, and procedures used in the engineering assessment shall be documented in accordance with § 63.1260(e). Data or other information supporting a finding that the emissions estimation equations are inappropriate shall be reported in the Precompliance report. (3) Controlled emissions. (i) Small control devices. (A) Design evaluation. (B) Emission estimation equations. 1 8 ( 1 ( 2 ( 3 Where: E = mass of HAP emitted Δη = moles of noncondensable gas displaced P T P i P j n = number of HAP compounds in the emission stream i = identifier for a HAP compound MW HAP m = number of condensable compounds (including HAP) in the emission stream ( 4 i Where: E = mass of HAP vapor emitted V nc1 V nc2 P i P j P T T = temperature of the receiver R = ideal gas law constant MW HAP i = identifier for a HAP compound n = number of HAP compounds in the emission stream m = number of condensable compounds (including HAP) in the emission stream j = identifier for a condensable compound ( ii Where: V nc1 V nc2 V = free volume in the vessel being depressurized P nc1 P nc2 P T ( iii Where: P nc1 P nc2 P 1 P 2 P j m = number of condensable compounds (including HAP) in the emission stream j = identifier for a condensable compound ( 5 ( 6 ( 7 i ( 8 Where: V = volume of empty vessel R = ideal gas law constant T 1 T 2 (P i T1 (P i T2 MW i F = flowrate of the purge gas t = duration of the purge n = number of HAP compounds in the emission stream i = identifier for a HAP compound (ii) Large control devices. (A) The performance test shall be conducted by performing emission testing on the inlet and outlet of the control device following the test methods and procedures of § 63.1257(b). Concentrations shall be calculated from the data obtained through emission testing according to the procedures in paragraph (a)(2) of this section. (B) Performance testing shall be conducted under absolute, or hypothetical worst-case conditions, as defined in paragraphs (b)(8)(i)(A) through (B) of this section. (C) The owner or operator may elect to conduct more than one performance test on the control device for the purpose of establishing more than one operating condition at which the control device achieves the required control efficiency. (iii) Initial compliance demonstration for condensers Air pollution control devices. (B) Process condensers. 1 2 ( 1 ( 2 (4) An owner or operator is not required to conduct a performance test for the following: (i) Any control device for which a previous performance test was conducted, provided the test was conducted using the same procedures specified in § 63.1257(b) over conditions typical of the appropriate worst-case, as defined in § 63.1257(b)(8)(i). The results of the previous performance test shall be used to demonstrate compliance. (e) Compliance with wastewater provisions Determining annual average concentration and annual load. (i) Annual average concentration definition. (B) When complying with § 63.1256(a)(1)(i) (B) or (C), the annual average concentration means the total mass of partially soluble and/or soluble HAP compounds occurring in the wastewater stream during the calendar year divided by the total mass of the wastewater stream discharged during the same calendar year. (C) When complying with § 63.1256(a)(1)(i)(D), the annual average concentration means the total mass of soluble HAP compounds occurring in the wastewater stream during the calendar year divided by the total mass of the wastewater stream discharged during the same calendar year. (ii) Determination of annual average concentration. (A) Test methods. (B) Knowledge of the wastewater stream. 1 2 ( 1 Mass balance. ( 2 Published water solubility data. (C) Bench scale or pilot-scale test data. (D) Adjustment for concentrations determined downstream of the POD. (iii) Determination of annual load. (2) Compliance with treatment unit control provisions Performance tests and design evaluations-general. (ii) Design evaluation. 4 4 (iii) Performance tests. (A) General. ( 1 Representative process unit operating conditions. ( 2 Representative treatment process operating conditions. 2 i ii ( i Range of operating conditions. ( ii Consideration of residence time. ( 3 Testing equipment. ( 4 Compounds not required to be considered in performance tests. 4 i ii iii ( i ( ii ( iii ( 5 Treatment using a series of treatment processes. 5 i ii 5 ii ( i 6 ( ii 6 ii ( 6 6 i ii ( i 4 ( ii 4 (B) Noncombustion treatment process—concentration limits. (C) Noncombustion, nonbiological treatment process: percent mass removal/destruction option. 1 5 ( 1 Concentration. ( 2 Flow rate. ( 3 Calculation of mass flow rate—for noncombustion, nonbiological treatment processes. Where: QMW a b a b ρ = density of the wastewater, kg/m 3 Q a, k b, k a, k b, k 3 C T, a, k T, b, k T, a, k T, b, k p = number of runs k = identifier for a run 10 6 ( 4 Percent removal calculation for mass flow rate. Where: E = removal or destruction efficiency of the treatment process, percent QMW a b a b ( 5 Compare mass removal efficiency to required efficiency. (D) Combustion treatment processes: percent mass removal/destruction option. 1 8 ( 1 Concentration in wastewater stream entering the combustion treatment process. ( 2 Flow rate of wastewater entering the combustion treatment process. ( 3 Calculation of mass flow rate in wastewater stream entering combustion treatment processes. Where: QMW a ρ = density of the wastewater stream, kg/m 3 Q a, k 3 C T, a, k k = identifier for a run p = number of runs ( 4 Concentration in vented gas stream exiting the combustion treatment process. ( 5 Volumetric flow rate of vented gas stream exiting the combustion treatment process. ( 6 Calculation of mass flow rate of vented gas stream exiting combustion treatment processes. Where: QMG b b CG b, i b, i MW i QG b b K 2 −9 −1 i = identifier for a compound n = number of components in the sample ( 7 Destruction efficiency calculation. Where: E = destruction efficiency of partially soluble or soluble HAP compounds for the combustion unit, percent QMW 2a QMG b ( 8 Compare mass destruction efficiency to required efficiency. (E) Open or closed aerobic biological treatment processes: 95-percent mass destruction option. ( 1 Concentration in wastewater stream. 5 ( 2 Flow rate. 5 ( 3 Destruction efficiency. 3 i ii ( i bio bio bio 4 ( ii 5 i ii 5 i 5 ii Where: QMW a, i QMW b, i n = the number of treatment process segments i = identifier for a treatment process element QMW bio 6 6 ii bio b, n F bio bio 4 QMW all ( 4 Site-specific fraction biodegraded bio ). bio bio 4 i ii ( i bio bio ( ii bio bio 1 (F) Open or closed aerobic biological treatment processes: percent removal for partially soluble or soluble HAP compounds. (G) Closed biological treatment processes: percent mass removal option. 1 4 ( 1 1 3 ( 2 4 6 3 i ii ( i ( ii ( 3 Percent removal/destruction calculation. Where: E = removal and destruction efficiency of the treatment unit and control device(s), percent QMW a b a b QMG b ( 4 Compare mass removal/destruction efficiency to required efficiency. (3) Compliance with control device provisions. (i) Performance test for control devices other than flares. (A) General. 1 4 (B) Sampling sites. (C) Concentration in gas stream entering or exiting the control device. (D) Volumetric flow rate of gas stream entering or exiting the control device. (E) Calculation of TOC concentration. (F) Calculation of total organic HAP concentration. (G) Requirements for combustion control devices. (H) Mass rate calculation. Where: CG a, i b, i a, i b, i QMG a b a b M wi QG a b a b K 2 −9 −1 i = identifier for a compound n = number of components in the sample (I) Percent reduction calculation. Where: E = destruction efficiency of control device, percent QMG a b b (J) Compare mass destruction efficiency to required efficiency. (ii) Design evaluation. (iii) Compliance demonstration for flares. (iv) Exemptions from compliance demonstrations. (f) Pollution prevention alternative standard. (1) Compliance is demonstrated when the annual kg/kg factor, calculated according to the procedure in paragraphs (f)(1)(i) and (iii) of this section, is reduced by at least 75 percent as calculated according to the procedure in paragraph (f)(1)(i) and (ii) of this section. (i) The production-indexed HAP consumption factors shall be calculated by dividing annual consumption of total HAP by the annual production rate, per process. The production-indexed total VOC consumption factor shall be calculated by dividing annual consumption of total VOC by the annual production rate, per process. (ii) The baseline factor is calculated from yearly production and consumption data for the first 3-year period in which the PMPU was operational, beginning no earlier than the 1987 calendar year, or for a minimum period of 12 months from startup of the process until the present in which the PMPU was operational and data are available, beginning no earlier than the 1987 calendar year. (iii) The annual factor is calculated on the following bases: (A) For continuous processes, the annual factor shall be calculated every 30 days for the 12-month period preceding the 30th day (30-day rolling average). (B) For batch processes, the annual factor shall be calculated either every 10 batches for the 12-month period preceding the 10th batch (10-batch rolling average) or a maximum of once per month, if the number of batches is greater than 10 batches per month. The annual factor shall be calculated every 5 batches if the number of batches is less than 10 for the 12-month period preceding the 10th batch and shall be calculated every year if the number of batches is less than 5 for the 12-month period preceding the 5th batch. (2) Compliance is demonstrated when the requirements of paragraphs (f)(2)(i) through (iv) of this section are met. (i) The annual kg/kg factor, calculated according to the procedure in paragraphs (f)(1)(i) and (f)(1)(iii) of this section, is reduced to a value equal to or less than 50 percent of the baseline factor calculated according to the procedure in paragraphs (f)(1)(i) and (ii) of this section. (ii) The yearly reductions associated with add-on controls that meet the criteria of §§ 63.1252(h)(3)(ii)(A) through (D) must be equal to or greater than the amounts calculated in paragraphs (f)(2)(ii)(A) and (B) of this section: (A) The mass of HAP calculated using Equation 55 of this subpart: Where: [kg/kg] b M prod M = the annual reduction required by add-on controls, in kg/yr P R R (B) The mass of VOC calculated using Equation 56 of this subpart: VOC reduced base P annual prod Where: VOC reduced VF base VF p VF annual M prod (iii) Demonstration that the criteria in § 63.1252(e)(3)(ii)(A) through (D) are met shall be accomplished through a description of the control device and of the material streams entering and exiting the control device. (iv) The annual reduction achieved by the add-on control shall be quantified using the methods described in § 63.1257(d). (3) Each owner or operator of a PMPU complying with the P2 standard shall prepare a P2 demonstration summary that shall contain, at a minimum, the following information: (i) Descriptions of the methodologies and forms used to measure and record daily consumption of HAP compounds reduced as part of the P2 standard. (ii) Descriptions of the methodologies and forms used to measure and record daily production of products which are included in the P2 standard. (iii) Supporting documentation for the descriptions provided in paragraphs (f)(3)(i) and (ii) including, but not limited to, operator log sheets and copies of daily, monthly, and annual inventories of materials and products. (g) Compliance with storage tank provisions by using emissions averaging. (1) The owner or operator shall develop and submit for approval an Implementation Plan containing all the information required in § 63.1259(e) 6 months prior to the compliance date of the standard. The Administrator shall have 90 days to approve or disapprove the emissions averaging plan after which time the plan shall be considered approved. (2) The annual mass rate of total organic HAP (E Ti To (3) Equations 57 and 58 of this subpart shall be used to calculate total HAP emissions for those tanks subject to § 63.1253(b) or (c): Where: E ij E oj ET i E To n (4) The overall percent reduction efficiency shall be calculated as follows: Where: R = overall percent reduction efficiency D = discount factor = 1.1 for all controlled storage tanks (h) Compliance with process vent provisions by using emissions averaging. (1) The owner or operator shall develop and submit for approval an Implementation Plan at least 6 months prior to the compliance date of the standard containing all the information required in § 63.1259(e). The Administrator shall have 90 days to approve or disapprove the emissions averaging plan. The plan shall be considered approved if the Administrator either approves the plan in writing, or fails to disapprove the plan in writing. The 90-day period shall begin when the Administrator receives the request. If the request is denied, the owner or operator must still be in compliance with the standard by the compliance date. (2) Owners or operators shall calculate uncontrolled and controlled emissions of HAP by using the methods specified in paragraph (d)(2) and (3) of this section for each process included in the emissions average. (3) Equations 60 and 61 of this subpart shall be used to calculate total HAP emissions: Where: E Ui E Ci E TU E TC n = number of processes included in the emissions average. (4) The overall percent reduction efficiency shall be calculated using Equation 62 of this subpart: Where: R = overall percent reduction efficiency D = discount factor = 1.1 for all controlled emission points [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52609, Aug. 29, 2000; 66 FR 40134, Aug. 2, 2001; 76 FR 22600, Apr. 21, 2011] § 63.1258 Monitoring Requirements. (a) The owner or operator of any existing, new, or reconstructed affected source shall provide evidence of continued compliance with the standard as specified in this section. During the initial compliance demonstration, maximum or minimum operating parameter levels, as appropriate, shall be established for emission sources that will indicate the source is in compliance. Test data, calculations, or information from the evaluation of the control device design shall be used to establish the operating parameter level. (b) Monitoring for control devices Parameters to monitor. (i) Periodic verification. (ii) Scrubbers. (A) The monitoring device used to determine the pressure drop shall be certified by the manufacturer to be accurate to within a gage pressure of ±10 percent of the maximum pressure drop measured. (B) The monitoring device used for measurement of scrubber liquid flowrate shall be certified by the manufacturer to be accurate within ±10 percent of the design scrubber liquid flowrate. (C) The monitoring device shall be calibrated annually. (iii) Condensers. (A) The temperature monitoring device must be accurate to within ±2 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The temperature monitoring device must be calibrated annually. (iv) Regenerative carbon adsorbers. (A) Establish the regeneration cycle characteristics specified in paragraphs (b)(1)(iv)(A)( 1 4 ( 1 ( 2 ( 3 ( 4 (B) Monitor and record the regeneration cycle characteristics specified in paragraphs (b)(1)(iv)(B)( 1 4 ( 1 ( 2 ( 3 ( 4 (C) Use a temperature monitoring device that is accurate to within ±2 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (D) Use a regeneration stream flow monitoring device capable of recording the total regeneration stream flow to within ±10 percent of the established value (i.e., accurate to within ±10 percent of the reading). (E) Calibrate the temperature and flow monitoring devices annually. (F) Conduct an annual check for bed poisoning in accordance with manufacturer's specifications. (v) Nonregenerative carbon adsorbers. (vi) Flares. (vii) Thermal incinerators. (A) The temperature monitoring device must be accurate to within ±0.75 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The monitoring device must be calibrated annually. (viii) Catalytic incinerators. (A) The temperature monitoring devices must be accurate to within ±0.75 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The temperature monitoring devices must be calibrated annually. (ix) Process heaters and boilers. ( 1 ( 2 (B) The owner or operator is exempt from the monitoring requirements specified in paragraph (b)(1)(ix)(A) of this section if either: ( 1 ( 2 (x) Continuous emission monitor. (xi) CVS visual inspections. (2) Averaging periods. (i) Except as provided in paragraph (b)(2)(iii) of this section, a daily (24-hour) or block average shall be calculated as the average of all values for a monitored parameter level set according to the procedures in (b)(3)(iii) of this section recorded during the operating day or block. (ii) The operating day or block shall be defined in the Notification of Compliance Status report. The daily average may be from midnight to midnight or another continuous 24-hour period. The block average is limited to a period of time that is, at a maximum, equal to the time from the beginning to end of a batch process. (iii) Monitoring values taken during periods in which the control devices are not functioning in controlling emissions, as indicated by periods of no flow, shall not be considered in the averages. Where flow to the device could be intermittent, the owner or operator shall install, calibrate and operate a flow indicator at the inlet or outlet of the control device to identify periods of no flow. (3) Procedures for setting parameter levels for control devices used to control emissions Small control devices. (ii) Large control devices. (A) If the operating parameter level to be established is a maximum, it must be based on the average of the values from each of the three test runs. (B) If the operating parameter level to be established is a minimum, it must be based on the average of the values from each of the three test runs. (C) The owner or operator may establish the parametric monitoring level(s) based on the performance test supplemented by engineering assessments and manufacturer's recommendations. Performance testing is not required to be conducted over the entire range of expected parameter values. The rationale for the specific level for each parameter, including any data and calculations used to develop the level(s) and a description of why the level indicates proper operation of the control device shall be provided in the Precompliance report. The procedures specified in this section have not been approved by the Administrator and determination of the parametric monitoring level using these procedures is subject to review and approval by the Administrator. (iii) Parameters for control devices controlling batch process vents. (A) If more than one batch emission episode has been selected to be controlled, a single level for the batch process(es) shall be determined from the initial compliance demonstration. (B) Instead of establishing a single level for the batch process(es), as described in paragraph (b)(3)(iii)(A) of this section, an owner or operator may establish separate levels for each batch emission episode, selected to be controlled. If separate monitoring levels are established, the owner or operator must provide a record indicating at what point in the daily schedule or log of processes required to be recorded per the requirements of § 63.1259(b)(9) the parameter being monitored changes levels and must record at least one reading of the new parameter level, even if the duration of monitoring for the new parameter is less than 15-minutes. (4) Request approval to monitor alternative parameters. (5) Monitoring for the alternative standards. (A) A TOC monitor meeting the requirements of EPA Performance Specification 8, 9, or 15 of appendix B of 40 CFR part 60 shall be installed, calibrated, and maintained according to § 63.8. (B) Except as specified in paragraphs (b)(5)(i)(C) and (D) of this section, the owner or operator must monitor HCl using either a FTIR CEMS that meets Performance Specification 15 of appendix B of part 60 or any other CEMS capable of measuring HCl for which a performance specification has been promulgated in appendix B of part 60. To monitor HCl with a CEMS for which a performance specification has not been promulgated, the owner or operator must prepare a monitoring plan and submit it for approval in accordance with the procedures specified in § 63.8. (C) As an alternative to using a CEMS as specified in paragraph (b)(5)(i)(B) of this section to monitor halogenated vent streams that are controlled by a combustion device followed by a scrubber, the owner or operator may elect to monitor scrubber operating parameters as specified in paragraph (b)(1)(ii) of this section that demonstrate the HCl emissions are reduced by at least 95 percent by weight. (D) The owner or operator need not monitor the hydrogen halide and halogen concentration if, based on process knowledge, the owner or operator determines that the emission stream does not contain hydrogen halides or halogens. (ii) An owner or operator complying with the alternative standard using control devices in which supplemental gases are added to the vents or manifolds must either correct for supplemental gases as specified in § 63.1257(a)(3) or comply with the requirements of paragraph (b)(5)(ii)(A) or (B) of this section. If the owner or operator corrects for supplemental gases as specified in § 63.1257(a)(3)(ii) for noncombustion control devices, the flow rates must be evaluated as specified in paragraph (b)(5)(ii)(C) of this section. (A) Provisions for combustion devices. 1 2 ( 1 ( 2 (B) Provisions for dense gas systems. 1 4 ( 1 Where: F s E an ( 2 ( 3 Where: C a 50 = outlet concentration limit associated with the flowrate setpoint, dry basis, ppmv F s F a ( 4 (C) Flow rate evaluation for noncombustion devices. s a (6) Exceedances of operating parameters. (i) If the parameter, averaged over the operating day or block, is below a minimum value established during the initial compliance demonstration. (ii) If the parameter, averaged over the operating day or block, is above the maximum value established during the initial compliance demonstration. (iii) Each loss of all pilot flames for flares. (7) Excursions. (i) When the period of control device operation is 4 hours or greater in an operating day and monitoring data are insufficient to constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of this section, for at least 75 percent of the operating hours. (ii) When the period of control device operation is less than 4 hours in an operating day and more than one of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data. (iii) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (b)(7)(i) and (ii) of this section, if measured values are unavailable for any of the required 15-minute periods within the hour. (8) Violations. (i) Except as provided in paragraph (b)(8)(iv) of this section, for episodes occurring more than once per day, exceedances of established parameter limits or excursions will result in no more than one violation per operating day for each monitored item of equipment utilized in the process. (ii) Except as provided in paragraph (b)(8)(iv) of this section, for control devices used for more than one process in the course of an operating day, exceedances or excursions will result in no more than one violation per operating day, per control device, for each process for which the control device is in service. (iii) Except as provided in paragraph (b)(8)(iv) of this section, exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged over the operating day, will result in no more than one violation per day per control device. Except as provided in paragraph (b)(8)(iv) of this section, exceedances of the 20 or 50 ppmv hydrogen halide or halogen outlet emission limit, averaged over the operating day, will result in no more than one violation per day per control device. (c) Monitoring for emission limits. (d) Monitoring for equipment leaks. (e) Pollution prevention. (f) Emissions averaging. (g) Inspection and monitoring of waste management units and treatment processes. (2) For each biological treatment unit used to comply with § 63.1256(g), the owner or operator shall monitor TSS, BOD, and the biomass concentration at a frequency approved by the permitting authority and using methods approved by the permitting authority. The owner or operator may request approval to monitor other parameters. The request shall be submitted in the Precompliance report according to the procedures specified in § 63.1260(e), and shall include a description of planned reporting and recordkeeping procedures. The owner or operator shall include as part of the submittal the basis for the selected monitoring frequencies and the methods that will be used. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (3) For nonbiological treatment units, the owner or operator shall request approval to monitor appropriate parameters that demonstrate proper operation of the selected treatment process. The request shall be submitted in the Precompliance report according to the procedures specified in § 63.1260(e), and shall include a description of planned reporting and recordkeeping procedures. The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the permit application or by other appropriate means. (h) Leak inspection provisions for vapor suppression equipment. (2) Except as provided in paragraphs (h)(6) and (7) of this section, each vapor collection system and closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (h)(2)(i) and (ii) of this section and each fixed roof, cover, and enclosure shall be inspected according to the procedures and schedule specified in paragraph (h)(2)(iii) of this section. (i) If the vapor collection system or closed-vent system is constructed of hard-piping, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, and (B) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (ii) If the vapor collection system or closed-vent system is constructed of ductwork, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, and (B) Conduct annual inspections according to the procedures in paragraph (h)(3) of this section. (C) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (iii) For each fixed roof, cover, and enclosure, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, and (B) Conduct semiannual visual inspections for visible, audible, or olfactory indications of leaks. (3) Each vapor collection system, closed-vent system, fixed roof, cover, and enclosure shall be inspected according to the procedures specified in paragraphs (h)(3)(i) through (v) of this section. (i) Inspections shall be conducted in accordance with Method 21 of 40 CFR part 60, appendix A. (ii) Detection instrument performance criteria. (B) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (h)(3)(ii)(A) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (h)(3)(ii)(A) of this section. (iii) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (iv) Calibration gases shall be as follows: (A) Zero air (less than 10 parts per million hydrocarbon in air); and (B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (h)(2)(ii)(A) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (v) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects to not adjust readings for background, all such instrument readings shall be compared directly to the applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in § 63.180(b) and (c). The owner or operator shall subtract background reading from the maximum concentration indicated by the instrument. (vi) The background level shall be determined according to the procedures in Method 21 of 40 CFR part 60 appendix A. (vii) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining compliance. (4) Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (h)(5) of this section. (i) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (ii) Repair shall be completed no later than 15 calendar days after the leak is detected, except as provided in paragraph (h)(4)(iii) of this section. (iii) For leaks found in vapor collection systems used for transfer operations, repairs shall be completed no later than 15 calendar days after the leak is detected or at the beginning of the next transfer loading operation, whichever is later. (5) Delay of repair of a vapor collection system, closed-vent system, fixed roof, cover, or enclosure for which leaks have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.1251, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next shutdown. (6) Any parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (h)(8) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of this section if: (i) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraphs (h)(2)(i), (ii), or (iii) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times. (7) Any parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated, as described in paragraph (h)(8) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii)(A) of this section if: (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (8) Records shall be maintained as specified in § 63.1259(i) (4) through (9). (9) If a closed-vent system subject to this section is also subject to the equipment leak provisions of § 63.1255, the owner or operator shall comply with the provisions of § 63.1255 and is exempt from the requirements of this section. (10) Instead of complying with the provisions of paragraphs (h)(2) through (8) of this section, an owner or operator may design a closed-vent system to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the associated control device is operating. (i) Planned routine maintenance. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52612, Aug. 29, 2000; 66 FR 40134, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 20, 2006; 76 FR 22601, Apr. 21, 2011] § 63.1259 Recordkeeping requirements. (a) Requirements of subpart A of this part. (1) Data retention. (2) Records of applicability determinations. (3) Malfunction records. i.e., (4) Recordkeeping requirements for sources with continuous monitoring systems. (5) Application for approval of construction or reconstruction. (b) Records of equipment operation. (1) Each measurement of a control device operating parameter monitored in accordance with § 63.1258 and each measurement of a treatment process parameter monitored in accordance with § 63.1258(g)(2) and (3). (2) For processes subject to § 63.1252(e), records of consumption, production, and the rolling average values of the production-indexed HAP and VOC consumption factors. (3) For each continuous monitoring system used to comply with this subpart, records documenting the completion of calibration checks and maintenance of continuous monitoring systems. (4) For purposes of compliance with the annual mass limits of § 63.1254(a)(2) and (b)(2), daily records of the rolling annual total emissions. (5) Records of the following, as appropriate: (i) For processes that are in compliance with the percent reduction requirements of § 63.1254(a)(1) or (b)(1) and that contain vents controlled to less than the percent reduction requirement, the records specified in paragraphs (b)(5)(i)(A) through (C) of this section are required. (A) Standard batch uncontrolled and controlled emissions for each process; (B) Actual uncontrolled and controlled emissions for each nonstandard batch; and (C) A record whether each batch operated was considered a standard batch. (ii) For processes in compliance with the annual mass limits of § 63.1254(a)(2) or (b)(2), the following records are required: (A) The number of batches per year for each batch process; (B) The operating hours per year for continuous processes; (C) Standard batch uncontrolled and controlled emissions for each process; (D) Actual controlled emissions for each batch operated during periods of planned routine maintenance of a CCCD, calculated according to § 63.1258(c). (E) Actual uncontrolled and controlled emissions for each nonstandard batch; (F) A record whether each batch operated was considered a standard batch. (6) Wastewater concentration per POD or process, except as provided in § 63.1256(a)(1)(ii). (7) Number of storage tank turnovers per year, if used in an emissions average. (8) A schedule or log of each operating scenario updated daily or, at a minimum, each time a different operating scenario is put into operation. (9) Description of worst-case operating conditions as required in § 63.1257(b)(8). (10) Periods of planned routine maintenance as described in §§ 63.1252(h) and 63.1257(c)(5). (11) If the owner or operator elects to comply with § 63.1253(b) or (c) by installing a floating roof, the owner or operator must keep records of each inspection and seal gap measurement in accordance with § 63.123(c) through (e) as applicable. (12) If the owner or operator elects to comply with the vapor balancing alternative in § 63.1253(f), the owner or operator must keep records of the DOT certification required by § 63.1253(f)(2) and the pressure relief vent setting and the leak detection records specified in § 63.1253(f)(5). (13) All maintenance performed on the air pollution control equipment. (c) Records of operating scenarios. (d) Records of equipment leak detection and repair programs. (e) Records of emissions averaging. (1) An Implementation Plan which shall include in the plan, for all process vents and storage tanks included in each of the averages, the information listed in paragraphs (e)(1)(i) through (v) of this section. (i) The identification of all process vents and storage tanks in each emissions average. (ii) The uncontrolled and controlled emissions of HAP and the overall percent reduction efficiency as determined in §§ 63.1257(g)(1) through (4) or 63.1257(h)(1) through (3) as applicable. (iii) The calculations used to obtain the uncontrolled and controlled HAP emissions and the overall percent reduction efficiency. (iv) The estimated values for all parameters required to be monitored under § 63.1258(f) for each process and storage tank included in an average. (v) A statement that the compliance demonstration, monitoring, inspection, recordkeeping and reporting provisions in §§ 63.1257(g) and (h), 63.1258(f), and 63.1260(k) that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance. (2) The Implementation Plan must demonstrate that the emissions from the processes and storage tanks proposed to be included in the average will not result in greater hazard or, at the option of the operating permit authority, greater risk to human health or the environment than if the storage tanks and process vents were controlled according to the provisions in §§ 63.1253 and 63.1254, respectively. (i) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the operating permit authority. (A) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination. (B) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use or any other technically sound information or methods. (ii) An emissions averaging plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the emissions averaging plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.1253 and 63.1254. (iii) A hazard or risk equivalency demonstration must: (A) Be a quantitative, comparative chemical hazard or risk assessment; (B) Account for differences between averaging and non-averaging options in chemical hazard or risk to human health or the environment; and (C) Meet any requirements set by the Administrator for such demonstrations. (3) Records as specified in paragraphs (a), (b) and (d) of this section. (4) A rolling quarterly calculation of the annual percent reduction efficiency as specified in § 63.1257(g) and (h). (f) Records of delay of repair. (g) Record of wastewater stream or residual transfer. (h) Records of extensions. (i) Records of inspections. (1) A record that each waste management unit inspection required by § 63.1256(b) through (f) was performed. (2) A record that each inspection for control devices required by § 63.1256(h) was performed. (3) A record of the results of each seal gap measurement required by § 63.1256(b)(5) and (f)(3). The records shall include the date of measurement, the raw data obtained in the measurement, and the calculations described in § 63.120(b)(2) through (4). (4) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect in accordance with § 63.1258(h)(6), an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment. (5) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as difficult to inspect in accordance with § 63.1258(h)(7), an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment. (6) For each vapor collection system or closed-vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (i)(6)(i) or (ii) of this section. (i) Hourly records of whether the flow indicator specified under § 63.1252(b)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times and durations of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (ii) Where a seal mechanism is used to comply with § 63.1252(b)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. (7) For each inspection conducted in accordance with § 63.1258(h)(2) and (3) during which a leak is detected, a record of the information specified in paragraphs (i)(7)(i) through (ix) of this section. (i) Identification of the leaking equipment. (ii) The instrument identification numbers and operator name or initials, if the leak was detected using the procedures described in § 63.1258(h)(3); or a record that the leak was detected by sensory observations. (iii) The date the leak was detected and the date of the first attempt to repair the leak. (iv) Maximum instrument reading measured by the method specified in § 63.1258(h)(4) after the leak is successfully repaired or determined to be nonrepairable. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (vi) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown. (vii) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days. (viii) Dates of shutdowns that occur while the equipment is unrepaired. (ix) The date of successful repair of the leak. (8) For each inspection conducted in accordance with § 63.1258(h)(3) during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (9) For each visual inspection conducted in accordance with § 63.1258(h)(2)(i)(B) or (h)(2)(iii)(B) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52613, Aug. 29, 2000; 66 FR 40135, Aug. 2, 2001; 70 FR 25670, May 13, 2005; 71 FR 20459, Apr. 20, 2006; 76 FR 22601, Apr. 21, 2011] § 63.1260 Reporting requirements. (a) The owner or operator of an affected source shall comply with the reporting requirements of paragraphs (b) through (n) of this section. Applicable reporting requirements of §§ 63.9 and 63.10 are also summarized in Table 1 of this subpart. (b) Initial notification. (c) Application for approval of construction or reconstruction. (d) Notification of CMS performance evaluation. (e) Precompliance report. (1) Requests for approval to use alternative monitoring parameters or requests to set monitoring parameters according to § 63.1258(b)(4). (2) Descriptions of the daily or per batch demonstrations to verify that control devices subject to § 63.1258(b)(1)(i) are operating as designed. (3) A description of test conditions, and the corresponding monitoring parameter values for parameters that are set according to § 63.1258(b)(3)(ii)(C). (4) For owners and operators complying with the requirements of § 63.1252(e), the P2 demonstration summary required in § 63.1257(f). (5) Data and rationale used to support an engineering assessment to calculate uncontrolled emissions from process vents as required in § 63.1257(d)(2)(ii). (6) Data and other information supporting the determination of annual average concentrations by process simulation as required in § 63.1257(e)(1)(ii). (7) Bench scale or pilot-scale test data and rationale used to determine annual average concentrations as required in § 63.1257(e)(1)(ii)(C). (f) Notification of Compliance Status report. (1) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify HAP emissions from the affected source. (2) The results of emissions profiles, performance tests, engineering analyses, design evaluations, or calculations used to demonstrate compliance. For performance tests, results should include descriptions of sampling and analysis procedures and quality assurance procedures. (3) Descriptions of monitoring devices, monitoring frequencies, and the values of monitored parameters established during the initial compliance determinations, including data and calculations to support the levels established. (4) Listing of all operating scenarios. (5) Descriptions of worst-case operating and/or testing conditions for control devices. (6) Identification of emission points subject to overlapping requirements described in § 63.1250(h) and the authority under which the owner or operator will comply. (7) Anticipated periods of planned routine maintenance of a CCCD subject to § 63.1252(h) during the period between the compliance date and the end of the period covered by the first Periodic report, and if applicable, the rationale for why the planned routine maintenance must be performed while a process with a vent subject to § 63.1254(a)(3) will be operating. (g) Periodic reports. (1) Submittal schedule. (i) When the Administrator determines on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the affected source; or (ii) Quarterly reports shall be submitted when the source experiences an exceedance of a temperature limit monitored according to the provisions of § 63.1258(b)(1)(iii) or an exceedance of the outlet concentration monitored according to the provisions of § 63.1258(b)(1)(x) or (b)(5). Once an affected source reports quarterly, the affected source shall follow a quarterly reporting format until a request to reduce reporting frequency is approved. If an owner or operator submits a request to reduce the frequency of reporting, the provisions in § 63.10(e)(3)(ii) and (iii) shall apply, except that the phrase “excess emissions and continuous monitoring system performance report and/or summary report” shall mean “Periodic report” for the purposes of this section. (iii) When a new operating scenario has been operated since the last report, in which case quarterly reports shall be submitted. (2) Content of Periodic report. (i) Each Periodic report must include the information in § 63.10(e)(3)(vi)(A) through (I) and (K) through (M). For each continuous monitoring system, the Periodic report must also include the information in § 63.10(e)(3)(vi)(J). (ii) If the total duration of excess emissions, parameter exceedances, or excursions for the reporting period is 1 percent or greater of the total operating time for the reporting period, or the total continuous monitoring system downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the Periodic report must include the information in paragraphs (g)(2)(ii)(A) through (D) of this section. (A) Monitoring data, including 15-minute monitoring values as well as daily average values of monitored parameters, for all operating days when the average values were outside the ranges established in the Notification of Compliance Status report or operating permit. (B) Duration of excursions, as defined in § 63.1258(b)(7). (C) Operating logs and operating scenarios for all operating scenarios for all operating days when the values are outside the levels established in the Notification of Compliance Status report or operating permit. (D) When a continuous monitoring system is used, the information required in § 63.10(c)(5) through (13). (iii) For each inspection conducted in accordance with § 63.1258(h)(2) or (3) during which a leak is detected, the records specified in § 63.1259(i)(7) must be included in the next Periodic report. (iv) For each vapor collection system or closed vent system with a bypass line subject to § 63.1252(b)(1), records required under § 63.1259(i)(6)(i) of all periods when the vent stream is diverted from the control device through a bypass line. For each vapor collection system or closed vent system with a bypass line subject to § 63.1252(b)(2), records required under § 63.1259(i)(6)(ii) of all periods in which the seal mechanism is broken, the bypass valve position has changed, or the key to unlock the bypass line valve was checked out. (v) The information in paragraphs (g)(2)(v)(A) through (D) of this section shall be stated in the Periodic report, when applicable. (A) No excess emissions. (B) No exceedances of a parameter. (C) No excursions. (D) No continuous monitoring system has been inoperative, out of control, repaired, or adjusted. (vi) The information specified in paragraphs (g)(2)(vi)(A) through (C) for periods of planned routine maintenance. (A) For each storage tank subject to control requirements, periods of planned routine maintenance during which the control device does not meet the specifications of § 63.1253(b) through (d). (B) For a CCCD subject to § 63.1252(h), periods of planned routine maintenance during the current reporting period and anticipated periods of planned routine maintenance during the next reporting period. (C) Rationale for why planned routine maintenance of a CCCD subject to § 63.1252(h) must be performed while a process with a vent subject to § 63.1254(a)(3) will be operating, if applicable. This requirement applies only if the rationale is not in, or differs from that in, the Notification of Compliance Status report. (vii) Each new operating scenario which has been operated since the time period covered by the last Periodic report. For each new operating scenario, the owner or operator shall provide verification that the operating conditions for any associated control or treatment device have not been exceeded, and that any required calculations and engineering analyses have been performed. For the initial Periodic report, each operating scenario for each process operated since the due date of the Notification of Compliance Status Report shall be submitted. (viii) If the owner or operator elects to comply with the provisions of § 63.1253(b) or (c) by installing a floating roof, the owner or operator shall submit the information specified in § 63.122(d) through (f) as applicable. References to § 63.152 from § 63.122 shall not apply for the purposes of this subpart. (h) Notification of process change. (i) A brief description of the process change. (ii) A description of any modifications to standard procedures or quality assurance procedures. (iii) Revisions to any of the information reported in the original Notification of Compliance Status Report under paragraph (f) of this section. (iv) Information required by the Notification of Compliance Status Report under paragraph (f) of this section for changes involving the addition of processes or equipment. (2) An owner or operator must submit a report 60 days before the scheduled implementation date of either of the following: (i) Any change in the activity covered by the Precompliance report. (ii) A change in the status of a control device from small to large. (i) The owner or operator shall submit a report of the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1250(g)(3), including actions taken to correct a malfunction. The report shall be submitted on the same schedule as the periodic reports required under paragraph (g) of this section. (j) Reports of LDAR programs. (k) Reports of emissions averaging. (1) The records specified in § 63.1259(e) for each process or storage tank included in the emissions average; (2) All information as specified in paragraph (g) of this section for each process or storage tank included in the emissions average; (3) Any changes of the processes or storage tanks included in the average. (4) The calculation of the overall percent reduction efficiency for the reporting period. (5) Changes to the Implementation Plan which affect the calculation methodology of uncontrolled or controlled emissions or the hazard or risk equivalency determination. (6) Every second semiannual or fourth quarterly report, as appropriate, shall include the results according to § 63.1259(e)(4) to demonstrate the emissions averaging provisions of §§ 63.1252(d), 63.1257(g) and (h), 63.1258(f), and 63.1259(f) are satisfied. (l) Notification of performance test and test plan. (m) Request for extension of compliance. (n)(1) As of January 1, 2012, and within 60 days after the date of completing each performance test, as defined in § 63.2 and as required in this subpart, you must submit performance test data, except opacity data, electronically to EPA's Central Data Exchange by using the ERT (see http://www.epa.gov/ttn/chief/ert/erttool.html/ (2) All reports required by this subpart not subject to the requirements in paragraphs (n)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (n)(1) of this section in paper format. [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 66 FR 40135, Aug. 2, 2001; 76 FR 22601, Apr. 21, 2011] § 63.1261 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1250 and 63.1252 through 63.1256. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37356, June 23, 2003] Table 1 to Subpart GGG of Part 63—General Provisions Applicability to Subpart GGG General provisions reference Summary of requirements Applies to subpart GGG Comments 63.1(a)(1) General applicability of the General Provisions Yes Additional terms defined in § 63.1251; when overlap between subparts A and GGG of this part, subpart GGG takes precedence. 63.1(a)(2-7) Yes 63.1(a)(8) No Discusses state programs. 63.1(a)(9-14) Yes 63.1(b)(1) Initial applicability determination Yes Subpart GGG clarifies the applicability in § 63.1250. 63.1(b)(2) Title V operating permit—see part 70 Yes All major affected sources are required to obtain a title V permit. 63.1(b)(3) Record of the applicability determination Yes All affected sources are subject to subpart GGG according to the applicability definition of subpart GGG. 63.1(c)(1) Applicability after standards are set Yes Subpart GGG clarifies the applicability of each paragraph of subpart A to sources subject to subpart GGG. 63.1(c)(2) Title V permit requirement No All major affected sources are required to obtain a title V permit. Area sources are not subject to subpart GGG. 63.1(c)(3) Reserved 63.1(c)(4) Requirements for existing source that obtains an extension of compliance Yes § 63.1(c)(5) Notification requirements for an area source that increases HAP emissions to major source levels Yes 63.1(c)(6) Reclassification Yes 63.1(d) [Reserved] NA 63.1(e) Applicability of permit program before a relevant standard has been set Yes 63.2 Definitions Yes Additional terms defined in § 63.1251; when overlap between subparts A and GGG of this part occurs, subpart GGG takes precedence. 63.3 Units and abbreviations. Yes Other units used in subpart GGG are defined in that subpart. 63.4 Prohibited activities. Yes 63.5(a) Construction and reconstruction—applicability Yes Except replace the terms “source” and “stationary source” with “affected source”. 63.5(b)(1) Upon construction, relevant standards for new sources Yes 63.5(b)(2) [Reserved] NA 63.5(b)(3) New construction/reconstruction Yes Except for changes and additions authorized under § 52.2454 of this title. However, the requirement to submit the Precompliance report at least 90 days before the compliance date still applies. 63.5(b)(4) Construction/reconstruction notification Yes 63.5(b)(5) Construction/reconstruction compliance Yes 63.5(b)(6) Equipment addition or process change Yes 63.5(c) [Reserved] NA 63.5(d) Application for approval of construction/reconstruction Yes Except for certain provisions identified in 63.1259(a)(5). § 63.5(e) Construction/reconstruction approval Yes 63.5(f) Construction/reconstruction approval based on prior State review Yes Except replace “source” with “affected source”. 63.6(a)(1) Compliance with standards and maintenance requirements Yes 63.6(a)(2) Requirements for area source that increases emissions to become major Yes 63.6(b)(1-2) Compliance dates for new and reconstructed sources No Subpart GGG specifies compliance dates. 63.6(b)(3-6) Compliance dates for area sources that become major sources Yes 63.6 (b)(7) Compliance dates for new sources resulting from new unaffected area sources becoming subject to standards No Subpart GGG specifies NS applicability and compliance dates. 63.6(c) Compliance dates for existing sources Yes Except replace “source” with “affected source”. Subpart GGG specifies compliance dates. § 63.6(e)(1)(i) Requirements during periods of startup, shutdown, and malfunction No See 63.1250(g)(3) for general duty requirement. Any cross-reference to 63.6(e)(1)(i) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.1250(g)(3). § 63.6(e)(1)(ii) Malfunction correction requirements No. § 63.6(e)(1)(iii) Enforceability of operation and maintenance requirements Yes. § 63.6(e)(2) Reserved No Section reserved. § 63.6(e)(3) Startup, shutdown, and malfunction plan requirements No. 63.6(f)(1) Applicability of nonopacity emission standards No. 63.6(f)(2)-(3) Methods of determining compliance and findings compliance Yes. 63.6(g) Use of an alternative nonopacity emission standard Yes. 63.6(h) Opacity and visible emission standards No Subpart GGG does not contain any opacity or visible emission standards. § 63.6(i)(1) through (7) Requests for compliance extensions No § 63.1250(f)(6) specifies provisions for compliance extensions. § 63.6(i)(8) through (14) Approval of compliance extensions Yes Except references to § 63.6(i)(4) through (6) mean § 63.1250(f)(6). 63.6(j) Exemption from compliance with emission standards Yes 63.7(a)(1) Performance testing requirements Yes Subpart GGG also specifies required testing and compliance procedures. 63.7(a)(2)(i)-(ix) Yes Except substitute “150 days” instead of “180 days.” 63.7(a)(3) Yes 63.7(b)(1) Notification of performance test Yes 63.7(b)(2) Notification of delay in conducting a scheduled performance test Yes 63.7(c) Quality assurance program Yes Except that the test plan must be submitted with the notification of the performance test. 63.7(d) Performance testing facilities Yes Except replace “source” with “affected source”. 63.7(e)(1) Conduct of performance tests No See 63.1257(a) text. Any cross-reference to 63.7(e)(1) in any other general provision incorporated by reference shall be treated as a cross-reference to 63.1257(a). 63.7(e)(2)-(4) Performance tests requirements Yes 63.7(f) Use of alternative test method Yes 63.7(g) Data analysis, recordkeeping, and reporting Yes 63.7(h) Waiver of performance tests Yes 63.8(a) Monitoring requirements Yes See § 63.1258. 63.8(b)(1) Conduct of monitoring Yes 63.8(b)(2) CMS and combined effluents No § 63.1258 of subpart GGG provides specific CMS requirements. 63.8(b)(3)-(c)(4) CMS requirements Yes § 63.1259 also specifies recordkeeping for CMS. 63.8(c)(5) COMS operation requirements No 63.8(c)(6)-(8) CMS calibration and malfunction provisions No Calibration procedures are provided in § 63.1258. 63.8(d)(1)-(2) CMS quality control program requirements Yes 63.8(d)(3) CMS quality control program recordkeeping requirements Yes, except for last sentence 63.8(e)(1) Performance evaluations of CMS Yes 63.8(e)(2) Notification of performance evaluation Yes 63.8(e)(3-4) CMS requirements/alternatives Yes § 63.8(e)(5)(i) Reporting performance evaluation results Yes See § 63.1260(a). 63.1260 (a). 63.8(e)(5)(ii) Results of COMS performance evaluation No Subpart GGG does not contain any opacity or visible emission standards. 63.8(f)-(g) Alternative monitoring method/reduction of monitoring data Yes 63.9(a)-(d) Notification requirements—Applicability and general information Yes § 63.1260 (b) also specifies initial notification requirement. 63.9(e) Notification of performance test Yes § 63.1260 (l) also specifies notification requirement for performance test. 63.9(f) Notification of opacity and visible emissions observations No Subpart GGG does not contain any opacity or visible emission standards. 63.9(g)(1) Additional notification requirements for sources with CMS Yes § 63.1260 (d) also specifies notification requirement for performance evaluation. 63.9(g)(2) Notification of compliance with opacity emission standard No Subpart GGG does not contain any opacity or visible emission standards. 63.9(g)(3) Notification that criterion to continue use of alternative to relative accuracy testing has been exceeded Yes § 63.1260 (d) also specifies notification requirement for performance evaluation. 63.9(h) Notification of compliance status Yes Specified in § 63.1260(f). Due 150 days after compliance date. 63.9(i) Adjustment to time periods or postmark deadlines for submittal and review of required communications Yes 63.9(j) Change in information provided Yes For change in major source status only. 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). 63.10(a) Recordkeeping requirements Yes 63.1259. 63.10(b)(1) Records retention Yes Also stated in § 63.1259 63.10(b)(2) Information and documentation to support notifications No Subpart GGG specifies recordkeeping requirements. 63.10(b)(3) Records retention for sources not subject to relevant standard Yes Also stated in § 63.1259 (a)(2). 63.10(c)(1)-(9) Additional recordkeeping requirements for sources with continuous monitoring systems Yes 63.10(c)(10) Malfunction recordkeeping requirement No Subpart GGG specifies recordkeeping requirements. 63.10(c)(11) Malfunction corrective action recordkeeping requirement No Subpart GGG specifies recordkeeping requirements. 63.10(c)(12)-(14) Additional recordkeeping requirements for sources with continuous monitoring systems Yes 63.10(c)(15) Additional SSM recordkeeping requirements No 63.10(d)(1)-(2) General reporting requirements Yes 63.10(d)(3) Reporting results of opacity or visible emissions observations No Subpart GGG does not include any opacity or visible emission standards. 63.10(d)(4) Progress report requirements Yes 63.10(d)(5) Startup, shutdown, and malfunction report requirements No Subpart GGG specifies reporting requirements. 63.10(e) Additional CMS reporting requirements Yes 63.10(f) Waiver of recordkeeping or reporting requirements Yes 63.11 Control device and equipment leak work practice requirements Yes 63.13 Addresses of State air pollution control agencies Yes 63.14 Incorporations by reference Yes 63.15 Availability of information and confidentiality Yes [63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52614, Aug. 29, 2000; 66 FR 40136, Aug. 2, 2001; 73 FR 78213, Dec. 22, 2008; 76 FR 22601, Apr. 21, 2011; 85 FR 73897, Nov. 19, 2020] Table 2 to Subpart GGG of Part 63—Partially Soluble HAP 1,1,1-Trichloroethane (methyl chloroform) Chloroform 1,1,2,2-Tetrachloroethane Chloromethane 1,1,2-Trichloroethane Chloroprene 1,1-Dichloroethylene (vinylidene chloride) Cumene 1,2-Dibromoethane Dichloroethyl ether 1,2-Dichloroethane (ethylene dichloride) Dinitrophenol 1,2-Dichloropropane Epichlorohydrin 1,3-Dichloropropene Ethyl acrylate 2,4,5-Trichlorophenol Ethylbenzene 2-Butanone (mek) Ethylene oxide 1,4-Dichlorobenzene Hexachlorobenzene 2-Nitropropane Hexachlorobutadiene 4-Methyl-2-pentanone (MIBK) Hexachloroethane Acetaldehyde Methyl methacrylate Acrolein Methyl-t-butyl ether Acrylonitrile Methylene chloride Allyl chloride N,N-dimethylaniline Benzene Propionaldehyde Benzyl chloride Propylene oxide Biphenyl Styrene Bromoform (tribromomethane) Tetrachloroethene (perchloroethylene) Bromomethane Tetrachloromethane (carbon tetrachloride Butadiene Toluene Carbon disulfide Trichlorobenzene (1,2,4-) Chlorobenzene Trichloroethylene Chloroethane (ethyl chloride) Trimethylpentane Vinyl acetate Xylene (p) Vinyl chloride N-hexane Xylene (m) Xylene (o) [66 FR 40136, Aug. 2, 2001] Table 3 to Subpart GGG of Part 63—Soluble HAP Compound 1,1-Dimethylhydrazine. 1,4-Dioxane. Acetonitrile. Acetophenone. Diethyl sulfate. Dimethyl sulfate. Dinitrotoluene. Ethylene glycol dimethyl ether. Ethylene glycol monobutyl ether acetate. Ethylene glycol monomethyl ether acetate. Isophorone. Methanol (methyl alcohol). Nitrobenzene. Toluidene. Triethylamine. [66 FR 40137, Aug. 2, 2001] Table 4 to Subpart GGG of Part 63—Monitoring Requirements for Control Devices a Control device Monitoring equipment required Parameters to be monitored Frequency All control devices 1. Flow indicator installed at all bypass lines to the atmosphere and equipped with continuous recorder or 1. Presence of flow diverted from the control device to the atmosphere or Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour. 2. Valves sealed closed with car-seal or lock-and-key configuration 2. Monthly inspections of sealed valves Monthly. Scrubber Liquid flow rate or pressure drop mounting device. Also a pH monitor if the scrubber is used to control acid emissions 1. Liquid flow rate into or out of the scrubber or the pressure drop across the scrubber 1. Every 15 minutes. 2. pH of effluent scrubber liquid 2. Once a day. Thermal incinerator Temperature monitoring device installed in firebox or in ductwork immediately downstream of firebox b Firebox temperature Every 15 minutes. Catalytic incinerator Temperature monitoring device installed in gas stream immediately before and after catalyst bed Temperature difference across catalyst bed Every 15 minutes. Flare Heat sensing device installed at the pilot light Presence of a flame at the pilot light Every 15 minutes. Boiler or process heater <44 mega watts and vent stream is not mixed with the primary fuel Temperature monitoring device installed in firebox b Combustion temperature Every 15 minutes. Condenser Temperature monitoring device installed at condenser exit Condenser exit (product side) temperature Every 15 minutes. Carbon adsorber (nonregenerative) None Operating time since last replacement N/A. Carbon adsorber (regenerative) Stream flow monitoring device, and 1. Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) 1. For each regeneration cycle, record the total regeneration stream mass or volumetric flow. Carbon bed temperature monitoring device 2. Temperature of carbon bed after regeneration 2. For each regeneration cycle, record the maximum carbon bed-temperature. 3. Temperature of carbon bed within 15 minutes of completing any cooling cycle(s) 3. Within 15 minutes of completing any cooling cycle, record the carbon bed temperature. 4. Operating time since end of last regeneration 4. Operating time to be based on worst-case conditions. 5. Check for bed poisoning 5. Yearly. a b Table 5 to Subpart GGG of Part 63—Control Requirements for Items of Equipment That Meet the Criteria of § 63.1252( f Item of equipment Control requirement a Drain or drain hub (a) Tightly fitting solid cover (TFSC); or (b) TFSC with a vent to either a process or to a control device meeting the requirements of § 63.1256(h)(2); or (c) Water seal with submerged discharge or barrier to protect discharge from wind. Manhole b (a) TFSC; or (b) TSFC with a vent to either a process or to a control device meeting the requirements of § 63.1256(h)(2); or (c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter. Lift station (a) TFSC; or (b) TFSC with a vent to either a process or to a control device meeting the requirements of § 63.1256(h)(2); or (c) If the lift station is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter. The lift station shall be level controlled to minimize changes in the liquid level. Trench (a) TFSC; or (b) TFSC with a vent to either a process or to a control device meeting the requirements of § 63.1256(h)(2); or (c) If the item is vented to the atmosphere, use a TFSC with a properly operating water seal at the entrance or exit to the item to restrict ventilation in the collection system. The vent pipe shall be at least 90 cm in length and not exceeding 10.2 cm in nominal inside diameter. Pipe Each pipe shall have no visible gaps in joints, seals, or other emission interfaces. Oil/Water separator (a) Equip with a fixed roof and route vapors to a process or equip with a closed-vent system that routes vapors to a control device meeting the requirements of § 63.1256(h)(2); or (b) Equip with a floating roof that meets the equipment specifications of § 60.693(a)(1)(i), (a)(1)(ii), (a)(2), (a)(3), and (a)(4). Tank Maintain a fixed roof and consider vents as process vents. c a b c [65 FR 52616, Aug. 29, 2000] Table 6 to Subpart GGG of Part 63—Wastewater—Compliance Options for Wastewater Tanks Capacity, m 3 Maximum true vapor pressure, kPa Control requirements <75 § 63.1256(b)(1). >75 and <151 <13.1 § 63.1256(b)(1). >13.1 § 63.1256(b)(2). >151 <5.2 § 63.1256(b)(1). >5.2 § 63.1256(b)(2). Table 7 to Subpart GGG of Part 63—Wastewater—Inspection and Monitoring Requirements for Waste Management Units To comply with Inspection or monitoring requirement Frequency of inspection or monitoring Method TANKS: 63.1256(b)(3)(i) Inspect fixed roof and all openings for leaks Initially Semiannually Visual. 63.1256(b)(4) Inspect floating roof in accordance with §§ 63.120(a)(2) and (a)(3) See §§ 63.120(a)(2) and (a)(3) Visual. 63.1256(b)(5) Measure floating roof seal gaps in accordance with §§ 63.120(b)(2)(i) through (b)(4) See § 63.120(b)(2)(i) through (b)(4). —Primary seal gaps Initially Once every 5 years (annually if no secondary seal). —Secondary seal gaps Initially Semiannually 63.1256(b)(7) Inspect wastewater tank for control equipment failures and improper work practices Initially Semiannually Visual. SURFACE IMPOUNDMENTS: 63.1256(c)(1)(i) Inspect cover and all openings for leaks Initially Semiannually Visual. 63.1256(c)(2) Inspect surface impoundment for control equipment failures and improper work practices Initially Semiannually Visual. CONTAINERS: 63.1256(d)(1)(i) Inspect cover and all openings for leaks Initially Semiannually Visual. 63.1256(d)(3)(i) Inspect enclosure and all openings for leaks Initially Semiannually Visual. 63.1256(d)(4) Inspect container for control equipment failures and improper work practices Initially Semiannually Visual. INDIVIDUAL DRAIN SYSTEMS a 63.1256(e)(1)(i) Inspect cover and all openings to ensure there are no gaps, cracks, or holes Initially Semiannually Visual. 63.1256(e)(2) Inspect individual drain system for control equipment failures and improper work practices Initially Semiannually Visual. 63.1256(e)(4)(i) Verify that sufficient water is present to properly maintain integrity of water seals Initially Semiannually Visual. 63.1256(e)(4)(ii) Inspect all drains using tightly-fitted caps or plugs to ensure caps and plugs are in place and properly installed Initially Semiannually Visual. 63.1256(e)(5)(ii) Inspect all junction boxes to ensure covers are in place and have no visible gaps, cracks, or holes Initially Semiannually Visual or smoke test or other means as specified. 63.1256(e)(5)(iii) Inspect unburied portion of all sewer lines for cracks and gaps Initially Semiannually Visual. OIL-WATER SEPARATORS: 63.1256(f)(2)(i) Inspect fixed roof and all openings for leaks Initially Semiannually Visual. 63.1256(f)(3) Measure floating roof seal gaps in accordance with 40 CFR 60.696(d)(1) Initially b See 40 CFR 60.696(d)(1). —Primary seal gaps Once every 5 years. 63.1256(f)(3) —Secondary seal gaps Initially b 63.1256(f)(4) Inspect oil-water separator for control equipment failures and improper work practices Initially Semiannually Visual. a b Table 8 to Subpart GGG of Part 63—Fraction Measured (F m Chemical name CAS No. a F m Acetaldehyde 75070 1.00 Acetonitrile 75058 0.99 Acetophenone 98862 0.31 Acrolein 107028 1.00 Acrylonitrile 107131 1.00 Allyl chloride 107051 1.00 Benzene 71432 1.00 Benzyl chloride 100447 1.00 Biphenyl 92524 0.86 Bromoform 75252 1.00 Butadiene (1,3-) 106990 1.00 Carbon disulfide 75150 1.00 Carbon tetrachloride 56235 1.00 Chlorobenzene 108907 0.96 Chloroform 67663 1.00 Chloroprene (2-Chloro-1,3-butadiene) 126998 1.00 Cumene 98828 1.00 Dichlorobenzene (p-1,4-) 106467 1.00 Dichloroethane (1,2-) (Ethylene dichloride) 107062 1.00 Dichloroethylether (Bis(2-Chloroethyl ether)) 111444 0.76 Dichloropropene (1,3-) 542756 1.00 Diethyl sulfate 64675 0.0025 Dimethyl sulfate 77781 0.086 Dimethylaniline (N,N-) 121697 0.00080 Dimethylhydrazine (1,1-) 57147 0.38 Dinitrophenol (2,4-) 51285 0.0077 Dinitrotoluene (2,4-) 121142 0.085 Dioxane (1,4-) (1,4-Diethyleneoxide) 123911 0.87 Epichlorohydrin(1-Chloro-2,3-epoxypropane) 106898 0.94 Ethyl acrylate 140885 1.00 Ethylbenzene 100414 1.00 Ethyl chloride (Chloroethane) 75003 1.00 Ethylene dibromide (Dibromomethane) 106934 1.00 Ethylene glycol dimethyl ether 110714 0.86 Ethylene glycol monobutyl ether acetate 112072 0.043 Ethylene glycol monomethyl ether acetate 110496 0.093 Ethylene oxide 75218 1.00 Ethylidene dichloride (1,1-Dichloroethane) 75343 1.00 Hexachlorobenzene 118741 0.97 Hexachlorobutadiene 87683 0.88 Hexachloroethane 67721 0.50 Hexane 110543 1.00 Isophorone 78591 0.47 Methanol 67561 0.85 Methyl bromide (Bromomethane) 74839 1.00 Methyl chloride (Chloromethane) 74873 1.00 Methyl ethyl ketone (2-Butanone) 78933 0.99 Methyl isobutyl ketone (Hexone) 108101 0.98 Methyl methacrylate 80626 1.00 Methyl tert-butyl ether 1634044 1.00 Methylene chloride (Dichloromethane) 75092 1.00 Naphthalene 91203 0.99 Nitrobenzene 98953 0.39 Nitropropane (2-) 79469 0.99 Phosgene 75445 1.00 Propionaldehyde 123386 1.00 Propylene dichloride (1,2-Dichloropropane) 78875 1.00 Propylene oxide 75569 1.00 Styrene 100425 1.00 Tetrachloroethane (1,1,2,2-) 79345 1.00 Tetrachloroethylene (Perchloroethylene) 127184 1.00 Toluene 108883 1.00 Toluidine (o-) 95534 0.15 Trichlorobenzene (1,2,4-) 120821 1.00 Trichloroethane (1,1,1-) (Methyl chloroform) 71556 1.00 Trichloroethane (1,1,2-) (Vinyl Trichloride) 79005 0.98 Trichloroethylene 79016 1.00 Trichlorophenol (2,4,5-) 95954 1.00 Triethylamine 121448 1.00 Trimethylpentane (2,2,4-) 540841 1.00 Vinyl acetate 108054 1.00 Vinyl chloride (Chloroethylene) 75014 1.00 Vinylidene chloride (1,1-Dichloroethylene) 75354 1.00 Xylene (m-) 108383 1.00 Xylene (o-) 95476 1.00 Xylene (p-) 106423 1.00 a Table 9 to Subpart GGG of Part 63—Default Biorates for Soluble HAP Compound name Biorate (K1), Acetonitrile 0.100 Acetophenone 0.538 Diethyl sulfate 0.105 Dimethyl hydrazine(1,1) 0.227 Dimethyl sulfate 0.178 Dinitrotoluene(2,4) 0.784 Dioxane(1,4) 0.393 Ethylene glycol dimethyl ether 0.364 Ethylene glycol monobutyl ether acetate 0.496 Ethylene glycol monomethyl ether acetate 0.159 Isophorone 0.598 Methanol a Nitrobenzene 2.300 Toluidine (-0) 0.859 Triethylamine 1.064 a [66 FR 40137, Aug. 2, 2001] Subpart HHH—National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities Source: 64 FR 32648, June 17, 1999, unless otherwise noted. § 63.1270 Applicability and designation of affected source. (a) This subpart applies to owners and operators of natural gas transmission and storage facilities that transport or store natural gas prior to entering the pipeline to a local distribution company or to a final end user (if there is no local distribution company), and that are major sources of hazardous air pollutants (HAP) emissions as defined in § 63.1271. Emissions for major source determination purposes can be estimated using the maximum natural gas throughput calculated in either paragraph (a)(1) or (2) of this section and paragraphs (a)(3) and (4) of this section. As an alternative to calculating the maximum natural gas throughput, the owner or operator of a new or existing source may use the facility design maximum natural gas throughput to estimate the maximum potential emissions. Other means to determine the facility's major source status are allowed, provided the information is documented and recorded to the Administrator's satisfaction in accordance with § 63.10(b)(3). A compressor station that transports natural gas prior to the point of custody transfer or to a natural gas processing plant (if present) is not considered a part of the natural gas transmission and storage source category. A facility that is determined to be an area source, but subsequently increases its emissions or its potential to emit above the major source levels (without obtaining and complying with other limitations that keep its potential to emit HAP below major source levels), and becomes a major source, must comply with all applicable provisions of this subpart starting on the applicable compliance date specified in paragraph (d) of this section. Nothing in this paragraph is intended to preclude a source from limiting its potential to emit through other appropriate mechanisms that may be available through the permitting authority. (1) Facilities that store natural gas or facilities that transport and store natural gas shall calculate maximum annual facility natural gas throughput using the following equation: Where: Throughput = Maximum annual facilitywide natural gas throughput in cubic meters per year. IR WR 8,760 = Maximum hours of operation per year. (i)-(iii) [Reserved] (2) Facilities that only transport natural gas shall calculate the maximum natural gas throughput as the highest annual natural gas throughput over the 5 years prior to June 17, 1999, multiplied by a factor of 1.2. (3) The owner or operator shall maintain records of the annual facility natural gas throughput each year and upon request, submit such records to the Administrator. If the facility annual natural gas throughput increases above the maximum natural gas throughput calculated in paragraph (a)(1) or (a)(2) of this section, the maximum natural gas throughput must be recalculated using the higher throughput multiplied by a factor of 1.2. (4) The owner or operator shall determine the maximum values for other parameters used to calculate potential emissions as the maximum over the same period for which maximum throughput is determined as specified in paragraph (a)(1) or (a)(2) of this section. These parameters shall be based on an annual average or the highest single measured value. For estimating maximum potential emissions from glycol dehydration units, the glycol circulation rate used in the calculation shall be the unit's maximum rate under its physical and operational design consistent with the definition of potential to emit in § 63.2. (b) The affected source is each new and existing glycol dehydration unit specified in paragraphs (b)(1) through (3) of this section. (1) Each large glycol dehydration unit; (2) Each small glycol dehydration unit for which construction commenced on or before August 23, 2011, is an existing small glycol dehydration unit. (3) Each small glycol dehydration unit for which construction commenced after August 23, 2011, is a new small glycol dehydration unit. (c) The owner or operator of a facility that does not contain an affected source, as specified in paragraph (b) of this section, is not subject to the requirements of this subpart. (d) The owner or operator of each affected source shall achieve compliance with the provisions of this subpart by the following dates: (1) Except as specified in paragraphs (d)(3) through (4) of this section, the owner or operator of an affected source, the construction or reconstruction of which commenced before February 6, 1998, shall achieve compliance with this provisions of the subpart no later than June 17, 2002 except as provided for in § 63.6(i). The owner or operator of an area source, the construction or reconstruction of which commenced before February 6, 1998, that increases its emissions of (or its potential to emit) HAP such that the source becomes a major source that is subject to this subpart shall comply with this subpart 3 years after becoming a major source. (2) Except as specified in paragraphs (d)(3) through (4) of this section, the owner or operator of an affected source, the construction or reconstruction of which commences on or after February 6, 1998, shall achieve compliance with the provisions of this subpart immediately upon initial startup or June 17, 1999, whichever date is later. Area sources, the construction or reconstruction of which commences on or after February 6, 1998, that become major sources shall comply with the provisions of this standard immediately upon becoming a major source. (3) Each affected small glycol dehydration unit, as defined in § 63.1271, located at a major source, that commenced construction before August 23, 2011, must achieve compliance no later than October 15, 2015, except as provided in § 63.6(i). (4) Each affected small glycol dehydration unit, as defined in § 63.1271, located at a major source, that commenced construction on or after August 23, 2011, must achieve compliance immediately upon initial startup or October 15, 2012, whichever is later. (e) An owner or operator of an affected source that is a major source or is located at a major source and is subject to the provisions of this subpart is also subject to 40 CFR part 70 or part 71 permitting requirements. (f) Exemptions. (g) Emissions standards in this subpart apply at all times. [64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001; 66 FR 49300, Sept. 27, 2001; 67 FR 8204, Feb. 22, 2002; 77 FR 49584, Aug. 16, 2012; 85 FR 73898, Nov. 19, 2020; 89 FR 84296, Oct. 22, 2024] § 63.1271 Definitions. All terms used in this subpart shall have the meaning given to them in the Clean Air Act, subpart A of this part (General Provisions), and in this section. If the same term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart. Boiler BTEX Closed-vent system Combustion device Compressor station Continuous recorder Control device Custody transfer Facility Facility, for the purpose of a major source determination, means natural gas transmission and storage equipment that is located inside the boundaries of an individual surface site (as defined in this section) and is connected by ancillary equipment, such as gas flow lines or power lines. Equipment that is part of a facility will typically be located within close proximity to other equipment located at the same facility. Natural gas transmission and storage equipment or groupings of equipment located on different gas leases, mineral fee tracts, lease tracts, subsurface unit areas, surface fee tracts, or surface lease tracts shall not be considered part of the same facility. Flame zone Flare i.e., Flash tank. Flow indicator Gas-condensate-glycol (GCG) separator Glycol dehydration unit Glycol dehydration unit baseline operations i.e., Glycol dehydration unit process vent Glycol dehydration unit reboiler vent Hazardous air pollutants HAP Incinerator Initial startup Large glycol dehydration unit Major source, (1) Emissions from any pipeline compressor station or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control; and (2) Emissions from processes, operations, and equipment that are not part of the same facility, as defined in this section, shall not be aggregated. Natural gas Natural gas transmission No detectable emissions (1) Instrument monitoring results in accordance with the requirements of § 63.1282(b); and (2) The absence of visible openings or defects in the device or system, such as rips, tears, or gaps. Operating parameter value Operating permit Organic monitoring device Primary fuel Process heater Responsible official (1) For a corporation: A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either: (i) The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or (ii) The delegation of authority to such representatives is approved in advance by the permitting authority; (2) For a partnership or sole proprietorship: A general partner or the proprietor, respectively; (3) For a municipality, State, Federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this part, a principal executive officer of a Federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or (4) For affected sources: (i) The designated representative in so far as actions, standards, requirements, or prohibitions under title IV of the Act or the regulations promulgated thereunder are concerned; and (ii) The designated representative for any other purposes under part 70. Safety device Shutdown Small glycol dehydration unit Startup Storage vessel Surface site Temperature monitoring device Total organic compounds TOC, Underground storage [64 FR 32648, June 17, 1999, as amended at 66 FR 34555, June 29, 2001; 77 FR 49585, Aug. 16, 2012; 89 FR 84296, Oct. 22, 2024] §§ 63.1272-63.1273 [Reserved] § 63.1274 General standards. (a) Table 2 of this subpart specifies the provisions of subpart A (General Provisions) that apply and those that do not apply to owners and operators of affected sources subject to this subpart. (b) All reports required under this subpart shall be sent to the Administrator at the appropriate address listed in § 63.13. Reports may be submitted on electronic media. (c) The owner or operator of an affected source ( i.e., (1) The control requirements for glycol dehydration unit process vents specified in § 63.1275; (2) The monitoring requirements specified in § 63.1283, and (3) The recordkeeping and reporting requirements specified in §§ 63.1284 and 63.1285. (d) [Reserved] (e) Each owner or operator of a major HAP source subject to this subpart is required to apply for a part 70 or part 71 operating permit from the appropriate permitting authority. If the Administrator has approved a State operating permit program under part 70, the permit shall be obtained from the State authority. If a State operating permit program has not been approved, the owner or operator shall apply to the EPA Regional Office pursuant to part 71. (f) [Reserved] (g) In all cases where the provisions of this subpart require an owner or operator to repair leaks by a specified time after the leak is detected, it is a violation of this standard to fail to take action to repair the leak(s) within the specified time. If action is taken to repair the leak(s) within the specified time, failure of that action to successfully repair the leak(s) is not a violation of this standard. However, if the repairs are unsuccessful, and a leak is detected, the owner or operator shall take further action as required by the applicable provisions of this subpart. (h) At all times the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 77 FR 49586, Aug. 16, 2012] § 63.1275 Glycol dehydration unit process vent standards. (a) This section applies to each glycol dehydration unit subject to this subpart that must be controlled for air emissions as specified in paragraph (c)(1) of § 63.1274. (b) Except as provided in paragraph (c) of this section, an owner or operator of a glycol dehydration unit process vent shall comply with the requirements specified in paragraphs (b)(1) and (b)(2) of this section. (1) For each glycol dehydration unit process vent, the owner or operator shall control air emissions by either paragraph (b)(1)(i) or (iii) of this section. (i) The owner or operator of a large glycol dehydration unit, as defined in § 63.1271, shall connect the process vent to a control device or a combination of control devices through a closed-vent system. The closed-vent system shall be designed and operated in accordance with the requirements of § 63.1281(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.1281(d). (ii) The owner or operator of a large glycol dehydration unit shall connect the process vent to a control device or a combination of control devices through a closed-vent system and the outlet benzene emissions from the control device(s) shall be less than 0.90 megagrams per year. The closed-vent system shall be designed and operated in accordance with the requirements of § 63.1281(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.1281(d), except that the performance requirements specified in § 63.1281(d)(1)(i) and (ii) do not apply. (iii) You must limit BTEX emissions from each existing small glycol dehydration unit, as defined in § 63.1271, to the limit determined in Equation 1 of this section. You must limit BTEX emissions from each new small glycol dehydration unit process vent, as defined in § 63.1271, to the limit determined in Equation 2 of this section. The limits determined using Equation 1 or Equation 2, of this section, must be met in accordance with one of the alternatives specified in paragraphs (b)(1)(iii)(A) through (D) of this section. Where: EL BTEX 3.10 × 10 −4 Throughput = Annual average daily natural gas throughput, standard cubic meters per day; C i,BTEX Where: EL BTEX 5.44 × 10 −5 Throughput = Annual average daily natural gas throughput, standard cubic meters per day; C i,BTEX (A) Connect the process vent to a control device or combination of control devices through a closed-vent system. The closed vent system shall be designed and operated in accordance with the requirements of § 63.1281(c). The control device(s) shall be designed and operated in accordance with the requirements of § 63.1281(f). (B) Meet the emissions limit through process modifications in accordance with the requirements specified in § 63.1281(e). (C) Meet the emission limit for each small glycol dehydration unit using a combination of process modifications and one or more control devices through the requirements specified in paragraphs (b)(1)(iii)(A) and (B) of this section. (D) Demonstrate that the emissions limit is met through actual uncontrolled operation of the small glycol dehydration unit. Document operational parameters in accordance with the requirements specified in § 63.1281(e) and emissions in accordance with the requirements specified in § 63.1282(a)(3). (2) One or more safety devices that vent directly to the atmosphere may be used on the air emission control equipment installed to comply with paragraph (b)(1) of this section. (c) As an alternative to the requirements of paragraph (b) of this section, the owner or operator may comply with one of the following: (1) The owner or operator shall control air emissions by connecting the process vent to a process natural gas line. (2) The owner or operator shall demonstrate, to the Administrator's satisfaction, that the total HAP emissions to the atmosphere from the large glycol dehydration unit process vent are reduced by 95.0 percent through process modifications or a combination of process modifications and one or more control devices, in accordance with the requirements specified in § 63.1281(e). (3) Control of HAP emissions from a GCG separator (flash tank) vent is not required if the owner or operator demonstrates, to the Administrator's satisfaction, that total emissions to the atmosphere from the glycol dehydration unit process vent are reduced by one of the levels specified in paragraph (c)(3)(i) through (iv) through the installation and operation of controls as specified in paragraph (b)(1) of this section. (i) For any large glycol dehydration unit, HAP emissions are reduced by 95.0 percent or more. (ii) For any large glycol dehydration unit, benzene emissions are reduced to a level less than 0.90 megagrams per year. (iii) For each existing small glycol dehydration unit, BTEX emissions are reduced to a level less than the limit calculated in Equation 1 of paragraph (b)(1)(iii) of this section. (iv) For each new small glycol dehydration unit, BTEX emissions are reduced to a level less than the limit calculated in Equation 2 of paragraph (b)(1)(iii) of this section. [64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 77 FR 49586, Aug. 16, 2012] §§ 63.1276-63.1280 [Reserved] § 63.1281 Control equipment requirements. (a) This section applies to each closed-vent system and control device installed and operated by the owner or operator to control air emissions as required by the provisions of this subpart. Compliance with paragraphs (c) and (d) of this section will be determined by review of the records required by § 63.1284, the reports required by § 63.1285, by review of performance test results, and by inspections. (b) [Reserved] (c) Closed-vent system requirements. (2) The closed-vent system shall be designed and operated with no detectable emissions. (3) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, the owner or operator shall meet the requirements specified in paragraphs (c)(3)(i) and (c)(3)(ii) of this section. (i) For each bypass device, except as provided for in paragraph (c)(3)(ii) of this section, the owner or operator shall either: (A) At the inlet to the bypass device that could divert the stream away from the control device to the atmosphere, properly install, calibrate, maintain, and operate a flow indicator that is capable of taking periodic readings and sounding an alarm when the bypass device is open such that the stream is being, or could be, diverted away from the control device to the atmosphere; or (B) Secure the bypass device valve installed at the inlet to the bypass device in the non-diverting position using a car-seal or a lock-and-key type configuration. (ii) Low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and safety devices are not subject to the requirements of paragraph (c)(3)(i) of this section. (d) Control device requirements for sources except small glycol dehydration units. (1) The control device used to reduce HAP emissions in accordance with the standards of this subpart shall be one of the control devices specified in paragraphs (d)(1)(i) through (iii) of this section. (i) An enclosed combustion device (e.g., thermal vapor incinerator, catalytic vapor incinerator, boiler, or process heater) that is designed and operated in accordance with one of the following performance requirements: (A) Reduces the mass content of either TOC or total HAP in the gases vented to the device by 95.0 percent by weight or greater, as determined in accordance with the requirements of § 63.1282(d); (B) Reduces the concentration of either TOC or total HAP in the exhaust gases at the outlet to the device to a level equal to or less than 20 parts per million by volume on a dry basis corrected to 3 percent oxygen as determined in accordance with the requirements of § 63.1282(d); or (C) Operates at a minimum temperature of 760 degrees C, provided the control device has demonstrated, under § 63.1282(d), that combustion zone temperature is an indicator of destruction efficiency. (D) If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (ii) A vapor recovery device (e.g., carbon adsorption system or condenser) or other non-destructive control device that is designed and operated to reduce the mass content of either TOC or total HAP in the gases vented to the device by 95.0 percent by weight or greater as determined in accordance with the requirements of § 63.1282(d). (iii) A flare, as defined in § 63.1271, that is designed and operated in accordance with the requirements of § 63.11(b). (2) [Reserved] (3) The owner or operator shall demonstrate that a control device achieves the performance requirements of paragraph (d)(1) of this section by following the procedures specified in § 63.1282(d). (4) The owner or operator shall operate each control device in accordance with the requirements specified in paragraphs (d)(4)(i) and (ii) of this section. (i) Each control device used to comply with this subpart shall be operating at all times when gases, vapors, and fumes are vented from the emissions unit or units through the closed vent system to the control device as required under § 63.1275. An owner or operator may vent more than one unit to a control device used to comply with this subpart. (ii) For each control device monitored in accordance with the requirements of § 63.1283(d), the owner or operator shall demonstrate compliance according to the requirements of § 63.1282(e), or (f) as applicable. (5) For each carbon adsorption system used as a control device to meet the requirements of paragraph (d)(1) of this section, the owner or operator shall manage the carbon as follows: (i) Following the initial startup of the control device, all carbon in the control device shall be replaced with fresh carbon on a regular, predetermined time interval that is no longer than the carbon service life established for the carbon adsorption system. Records identifying the schedule for replacement and records of each carbon replacement shall be maintained as required in § 63.1284(b)(7)(ix). The schedule for replacement shall be submitted with the Notification of Compliance Status Report as specified in § 63.1285(d)(4)(iv). Each carbon replacement must be reported in the Periodic Reports as specified in § 63.1285(e)(2)(xi). (ii) The spent carbon removed from the carbon adsorption system shall be either regenerated, reactivated, or burned in one of the units specified in paragraphs (d)(5)(ii)(A) through (d)(5)(ii)(G) of this section. (A) Regenerated or reactivated in a thermal treatment unit for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart X. (B) Regenerated or reactivated in a thermal treatment unit equipped with and operating organic air emission controls in accordance with this section. (C) Regenerated or reactivated in a thermal treatment unit equipped with and operating organic air emission controls in accordance with a national emissions standard for HAP under another subpart in 40 CFR part 61 or this part. (D) Burned in a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 264, subpart O. (E) Burned in a hazardous waste incinerator which the owner or operator has designed and operates in accordance with the requirements of 40 CFR part 265, subpart O. (F) Burned in a boiler or industrial furnace for which the owner or operator has been issued a final permit under 40 CFR part 270 that implements the requirements of 40 CFR part 266, subpart H. (G) Burned in a boiler or industrial furnace which the owner or operator has designed and operates in accordance with the interim status requirements of 40 CFR part 266, subpart H. (e) Process modification requirements. (1) The owner or operator shall determine glycol dehydration unit baseline operations (as defined in § 63.1271). Records of glycol dehydration unit baseline operations shall be retained as required under § 63.1284(b)(9). (2) The owner or operator shall document, to the Administrator's satisfaction, the conditions for which glycol dehydration unit baseline operations shall be modified to achieve the 95.0 percent overall HAP emission reduction, or BTEX limit determined in § 63.1275(b)(1)(iii), as applicable, either through process modifications or through a combination of process modifications and one or more control devices. If a combination of process modifications and one or more control devices are used, the owner or operator shall also establish the emission reduction to be achieved by the control device to achieve an overall HAP emission reduction of 95.0 percent for the glycol dehydration unit process vent or, if applicable, the BTEX limit determined in § 63.1275(b)(1)(iii) for the small glycol dehydration unit process vent. Only modifications in glycol dehydration unit operations directly related to process changes, including but not limited to changes in glycol circulation rate or glycol-HAP absorbency, shall be allowed. Changes in the inlet gas characteristics or natural gas throughput rate shall not be considered in determining the overall emission reduction due to process modifications. (3) The owner or operator that achieves a 95.0 percent HAP emission reduction or meets the BTEX limit determined in § 63.1275(b)(1)(iii), as applicable, using process modifications alone shall comply with paragraph (e)(3)(i) of this section. The owner or operator that achieves a 95.0 percent HAP emission reduction or meets the BTEX limit determined in § 63.1275(b)(1)(iii), as applicable, using a combination of process modifications and one or more control devices shall comply with paragraphs (e)(3)(i) and (e)(3)(ii) of this section. (i) The owner or operator shall maintain records, as required in § 63.1284(b)(10), that the facility continues to operate in accordance with the conditions specified under paragraph (e)(2) of this section. (ii) The owner or operator shall comply with the control device requirements specified in paragraph (d) or (f) of this section, as applicable, except that the emission reduction or limit achieved shall be the emission reduction or limit specified for the control device(s) in paragraph (e)(2) of this section. (f) Control device requirements for small glycol dehydration units. (i) An enclosed combustion device (e.g., thermal vapor incinerator, catalytic vapor incinerator, boiler, or process heater) that is designed and operated to meet the levels specified in paragraphs (f)(1)(i)(A) or (B) of this section. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater. (A) The mass content of BTEX in the gases vented to the device is reduced as determined in accordance with the requirements of § 63.1282(d). (B) The concentration of either TOC or total HAP in the exhaust gases at the outlet of the device is reduced to a level equal to or less than 20 parts per million by volume on a dry basis corrected to 3 percent oxygen as determined in accordance with the requirements of § 63.1282(e). (ii) A vapor recovery device (e.g., carbon adsorption system or condenser) or other non-destructive control device that is designed and operated to reduce the mass content of BTEX in the gases vented to the device as determined in accordance with the requirements of § 63.1282(d). (iii) A flare, as defined in § 63.1271, that is designed and operated in accordance with the requirements of § 63.11(b). (2) The owner or operator shall operate each control device in accordance with the requirements specified in paragraphs (f)(2)(i) and (ii) of this section. (i) Each control device used to comply with this subpart shall be operating at all times. An owner or operator may vent more than one unit to a control device used to comply with this subpart. (ii) For each control device monitored in accordance with the requirements of § 63.1283(d), the owner or operator shall demonstrate compliance according to the requirements of either § 63.1282(e) or (h). (3) For each carbon adsorption system used as a control device to meet the requirements of paragraph (f)(1) of this section, the owner or operator shall manage the carbon as required under (d)(5)(i) and (ii) of this section. [64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 68 FR 37357, June 23, 2003; 77 FR 49587, Aug. 16, 2012] § 63.1282 Test methods, compliance procedures, and compliance demonstrations. (a) Determination of glycol dehydration unit flowrate, benzene emissions, or BTEX emissions. (1) The determination of actual flowrate of natural gas to a glycol dehydration unit shall be made using the procedures of either paragraph (a)(1)(i) or (a)(1)(ii) of this section. (i) The owner or operator shall install and operate a monitoring instrument that directly measures natural gas flowrate to the glycol dehydration unit with an accuracy of plus or minus 2 percent or better. The owner or operator shall convert the annual natural gas flowrate to a daily average by dividing the annual flowrate by the number of days per year the glycol dehydration unit processed natural gas. (ii) The owner or operator shall document, to the Administrator's satisfaction, the actual annual average natural gas flowrate to the glycol dehydration unit. (2) The determination of actual average benzene or BTEX emissions from a glycol dehydration unit shall be made using the procedures of either paragraph (a)(2)(i) or (ii) of this section. Emissions shall be determined either uncontrolled or with federally enforceable controls in place. (i) The owner or operator shall determine actual average benzene or BTEX emissions using the model GRI-GLYCalc TM TM (ii) The owner or operator shall determine an average mass rate of benzene or BTEX emissions in kilograms per hour through direct measurement by performing three runs of Method 18 in 40 CFR part 60, appendix A; or ASTM D6420-99 (Reapproved 2004) (incorporated by reference as specified in § 63.14), as specified in § 63.772(a)(1)(ii); or an equivalent method; and averaging the results of the three runs. Annual emissions in kilograms per year shall be determined by multiplying the mass rate by the number of hours the unit is operated per year. This result shall be converted to megagrams per year. (b) No detectable emissions test procedure. (2) The detection instrument shall meet the performance criteria of Method 21, 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the fluid, and not for each individual organic compound in the stream. (3) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21, 40 CFR part 60, appendix A. (4) Calibration gases shall be as follows: (i) Zero air (less than 10 parts per million by volume hydrocarbon in air); and (ii) A mixture of methane in air at a methane concentration of less than 10,000 parts per million by volume. (5) An owner or operator may choose to adjust or not adjust the detection instrument readings to account for the background organic concentration level. If an owner or operator chooses to adjust the instrument readings for the background level, the background level value must be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A. (6)(i) Except as provided in paragraph (b)(6)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the process fluid not each individual volatile organic compound in the stream. For process streams that contain nitrogen, air, or other inert gases that are not organic HAP or VOC, the average stream response factor shall be calculated on an inert-free basis. (ii) If no instrument is available at the facility that will meet the performance criteria specified in paragraph (b)(6)(i) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (b)(6)(i) of this section. (7) An owner or operator must determine if a potential leak interface operates with no detectable emissions using the applicable procedure specified in paragraph (b)(7)(i) or (b)(7)(ii) of this section. (i) If an owner or operator chooses not to adjust the detection instrument readings for the background organic concentration level, then the maximum organic concentration value measured by the detection instrument is compared directly to the applicable value for the potential leak interface as specified in paragraph (b)(8) of this section. (ii) If an owner or operator chooses to adjust the detection instrument readings for the background organic concentration level, the value of the arithmetic difference between the maximum organic concentration value measured by the instrument and the background organic concentration value as determined in paragraph (b)(5) of this section is compared with the applicable value for the potential leak interface as specified in paragraph (b)(8) of this section. (8) A potential leak interface is determined to operate with no detectable organic emissions if the organic concentration value determined in paragraph (b)(7) is less than 500 parts per million by volume. (c) Test procedures and compliance demonstrations for small glycol dehydration units. (1) If the owner or operator is using a control device to comply with the emission limit in § 63.1275(b)(1)(iii), the requirements of paragraph (d) of this section apply. Compliance is demonstrated using the methods specified in paragraph (e) of this section. (2) If no control device is used to comply with the emission limit in § 63.1275(b)(1)(iii), the owner or operator must determine the glycol dehydration unit BTEX emissions as specified in paragraphs (c)(2)(i) through (iii) of this section. Compliance is demonstrated if the BTEX emissions determined as specified in paragraphs (c)(2)(i) through (iii) are less than the emission limit calculated using the equation in § 63.1275(b)(1)(iii). (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites at the outlet of the glycol dehydration unit process vent. Any references to particulate mentioned in Methods 1 and 1A do not apply to this section. (ii) The gas volumetric flowrate shall be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. (iii) The BTEX emissions from the outlet of the glycol dehydration unit process vent shall be determined using the procedures specified in paragraph (d)(3)(v) of this section. As an alternative, the mass rate of BTEX at the outlet of the glycol dehydration unit process vent may be calculated using the model GRI-GLYCalc TM TM TM (d) Control device performance test procedures. (1) The following control devices are exempt from the requirements to conduct performance tests and design analyses under this section: (i) Except as specified in paragraph (d)(2) of this section, a flare, as defined in § 63.1271, that is designed and operated in accordance with § 63.11(b); (ii) Except for control devices used for small glycol dehydration units, a boiler or process heater with a design heat input capacity of 44 megawatts or greater; (iii) Except for control devices used for small glycol dehydration units, a boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel; (iv) Except for control devices used for small glycol dehydration units, a boiler or process heater burning hazardous waste for which the owner or operator has either been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H, or has certified compliance with the interim status requirements of 40 CFR part 266, subpart H; (v) Except for control devices used for small glycol dehydration units, a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (vi) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA, and the test was conducted using the same methods specified in this section, and either no process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (2) An owner or operator shall design and operate each flare, as defined in § 63.1271, in accordance with the requirements specified in § 63.11(b) and the compliance determination shall be conducted using Method 22 of 40 CFR part 60, appendix A, to determine visible emissions. (3) For a performance test conducted to demonstrate that a control device meets the requirements of § 63.1281(d)(1), (e)(3)(ii), or (f)(1) the owner or operator shall use the test methods and procedures specified in paragraphs (d)(3)(i) through (v) of this section. The initial and periodic performance tests shall be conducted according to the schedule specified in paragraph (d)(3)(vi) of this section. (i) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites specified in paragraphs (d)(3)(i)(A) and (B) of this section. Any references to particulate mentioned in Methods 1 and 1A do not apply to this section. (A) To determine compliance with the control device percent reduction requirements specified in § 63.1281(d)(1)(i)(A),(d)(1)(ii), or (e)(3)(ii), sampling sites shall be located at the inlet of the first control device and at the outlet of the final control device. (B) To determine compliance with the enclosed combustion device total HAP concentration limit specified in § 63.1281(d)(1)(i)(B), or the BTEX emission limit specified in § 63.1275(b)(1)(iii), the sampling site shall be located at the outlet of the combustion device. (ii) The gas volumetric flowrate shall be determined using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. (iii) To determine compliance with the control device percent reduction performance requirement in § 63.1281(d)(1)(i)(A), 63.1281(d)(1)(ii), or 63.1281(e)(3)(ii), the owner or operator shall use either Method 18, 40 CFR part 60, appendix A, or Method 25A, 40 CFR part 60, appendix A; or ASTM D6420-99 (incorporated by reference as specified in § 63.14), as specified in § 63.772(a)(1)(ii); alternatively, any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A of this part may be used. The following procedures shall be used to calculate the percentage of reduction: (A) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The mass rate of either TOC (minus methane and ethane) or total HAP (E i o 1 3 i 4 ( 1 Where: C ij oj E i o M ij oj Q i o K 2 −6 −1 n = Number of components in sample. ( 2 1 ( 3 1 ( 4 i 1 TM TM TM TM (C) The percentage of reduction in TOC (minus methane and ethane) or total HAP shall be calculated as follows: Where: R cd E i E o (D) If the vent stream entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percentage of reduction of total HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total HAP in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total HAP exiting the device, respectively. (iv) To determine compliance with the enclosed combustion device total HAP concentration limit specified in § 63.1281(d)(1)(i)(B), the owner or operator shall use either Method 18, 40 CFR part 60, appendix A; or Method 25A, 40 CFR part 60, appendix A; or ASTM D6420-99 (Reapproved 2004) (incorporated by reference as specified in § 63.14), as specified in § 63.772(a)(1)(ii), to measure either TOC (minus methane and ethane) or total HAP. Alternatively, any other method or data that have been validated according to Method 301 of appendix A of this part, may be used. The following procedures shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen: (A) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The TOC concentration or total HAP concentration shall be calculated according to paragraph (d)(3)(iv)(B)( 1 2 ( 1 TOC Where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. ( 2 HAP 1 (C) The TOC concentration or total HAP concentration shall be corrected to 3 percent oxygen as follows: ( 1 2d ( 2 c Where: C c C m %O 2d (v) To determine compliance with the BTEX emission limit specified in § 63.1275(b)(1)(iii) the owner or operator shall use one of the following methods: Method 18, 40 CFR part 60, appendix A; ASTM D6420-99 (Reapproved 2004) (incorporated by reference as specified in § 63.14), as specified in § 63.772(a)(1)(ii); or any other method or data that have been validated according to the applicable procedures in Method 301, 40 CFR part 63, appendix A. The following procedures shall be used to calculate BTEX emissions: (A) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (B) The mass rate of BTEX (E o 1 2 ( 1 Where: E o C oj M oj Q o K 2 −6 n = Number of components in sample. ( 2 1 (vi) The owner or operator shall conduct performance tests according to the schedule specified in paragraphs (d)(3)(vi)(A) and (B) of this section. (A) An initial performance test shall be conducted within 180 days after the compliance date that is specified for each affected source in § 63.1270(d)(3) and (4) except that the initial performance test for existing combustion control devices ( i.e., (B) Periodic performance tests shall be conducted for all control devices required to conduct initial performance tests except as specified in paragraphs (e)(3)(vi)(B)( 1 2 1 2 ( 1 ( 2 (4) For a condenser design analysis conducted to meet the requirements of § 63.1281(d)(1), (e)(3)(ii), or (f)(1), the owner or operator shall meet the requirements specified in paragraphs (d)(4)(i) and (ii) of this section. Documentation of the design analysis shall be submitted as a part of the Notification of Compliance Status Report as required in § 63.1285(d)(1)(i). (i) The condenser design analysis shall include an analysis of the vent stream composition, constituent concentrations, flowrate, relative humidity, and temperature, and shall establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. As an alternative to the condenser design analysis, an owner or operator may elect to use the procedures specified in paragraph (d)(5) of this section. (A) For a thermal vapor incinerator, the design analysis shall include the vent stream composition, constituent concentrations, and flowrate and shall establish the design minimum and average temperatures in the combustion zone and the combustion zone residence time. (B) For a catalytic vapor incinerator, the design analysis shall include the vent stream composition, constituent concentrations, and flowrate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet, and the design service life of the catalyst. (C) For a boiler or process heater, the design analysis shall include the vent stream composition, constituent concentrations, and flowrate; shall establish the design minimum and average flame zone temperatures and combustion zone residence time; and shall describe the method and location where the vent stream is introduced into the flame zone. (D) For a condenser, the design analysis shall include the vent stream composition, constituent concentrations, flowrate, relative humidity, and temperature, and shall establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. As an alternative to the design analysis, an owner or operator may elect to use the procedures specified in paragraph (d)(5) of this section. (E) For a regenerable carbon adsorption, the design analysis shall include the vent stream composition, constituent concentrations, flowrate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for the carbon beds, design total regeneration stream flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of the carbon. (F) For a nonregenerable carbon adsorption system, such as a carbon canister, the design analysis shall include the vent stream composition, constituent concentrations, flowrate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, capacity of the carbon bed, type and working capacity of activated carbon used for the carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule. In addition, these systems will incorporate dual carbon canisters in case of emission breakthrough occurring in one canister. (ii) If the owner or operator and the Administrator do not agree on a demonstration of control device performance using a design analysis, then the disagreement shall be resolved using the results of a performance test performed by the owner or operator in accordance with the requirements of paragraph (d)(3) of this section. The Administrator may choose to have an authorized representative observe the performance test. (5) As an alternative to the procedures in paragraph (d)(4)(i) of this section, an owner or operator may elect to use the procedures documented in the GRI report entitled, “Atmospheric Rich/Lean Method for Determining Glycol Dehydrator Emissions,” (GRI-95/0368.1) as inputs for the model GRI-GLYCalc TM (e) Compliance demonstration for control devices performance requirements. (1) The owner or operator shall establish a site specific maximum or minimum monitoring parameter value (as appropriate) according to the requirements of § 63.1283(d)(5)(i). (2) The owner or operator shall calculate the daily average of the applicable monitored parameter in accordance with § 63.1283(d)(4) except that the inlet gas flowrate to the control device shall not be averaged. (3) Compliance is achieved when the daily average of the monitoring parameter value calculated under paragraph (e)(2) of this section is either equal to or greater than the minimum or equal to or less than the maximum monitoring value established under paragraph (e)(1) of this section. For inlet gas flowrate, compliance with the operating parameter limit is achieved when the value is equal to or less than the value established under § 63.1282(g) or under the performance test conducted under § 63.1282(d), as applicable. (4) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), the CMS required in § 63.1283(d) must be operated at all times the affected source is operating. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. Monitoring system repairs are required to be completed in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable. (5) Data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities may not be used in calculations used to report emissions or operating levels. All the data collected during all other required data collection periods must be used in assessing the operation of the control device and associated control system. (6) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required quality monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), failure to collect required data is a deviation of the monitoring requirements. (f) Compliance demonstration with percent reduction or emission limit performance requirements—condensers. (1) The owner or operator shall establish a site-specific condenser performance curve according to the procedures specified in § 63.1283(d)(5)(ii). For sources required to meet the BTEX limit in accordance with § 63.1281(e) or (f)(1) the owner or operator shall identify the minimum percent reduction necessary to meet the BTEX limit. (2) Compliance with the percent reduction requirement in § 63.1281(d)(1)(ii) or (e)(3) shall be demonstrated by the procedures in paragraphs (f)(2)(i) through (iii) of this section. (i) The owner or operator must calculate the daily average condenser outlet temperature in accordance with § 63.1283(d)(4). (ii) The owner or operator shall determine the condenser efficiency for the current operating day using the daily average condenser outlet temperature calculated in paragraph (f)(2)(i) of this section and the condenser performance curve established in paragraph (f)(1) of this section. (iii) Except as provided in paragraphs (f)(2)(iii)(A), (B), and (D) of this section, at the end of each operating day the owner or operator shall calculate the 30-day average HAP, or BTEX, emission reduction, as appropriate, from the condenser efficiencies as determined in paragraph (f)(2)(ii) of this section for the preceding 30 operating days. If the owner or operator uses a combination of process modifications and a condenser in accordance with the requirements of § 63.1281(e), the 30-day average HAP emission, or BTEX, emission reduction, shall be calculated using the emission reduction achieved through process modifications and the condenser efficiency as determined in paragraph (f)(2)(ii) of this section, both for the preceding 30 operating days. (A) After the compliance date specified in § 63.1270(d), an owner or operator of a facility that stores natural gas that has less than 30 days of data for determining the average HAP, or BTEX, emission reduction, as appropriate, shall calculate the cumulative average at the end of the withdrawal season, each season, until 30 days of condenser operating data are accumulated. For a facility that does not store natural gas, the owner or operator that has less than 30 days of data for determining average HAP, or BTEX, emission reduction, as appropriate, shall calculate the cumulative average at the end of the calendar year, each year, until 30 days of condenser operating data are accumulated. (B) After the compliance date specified in § 63.1270(d), for an owner or operator that has less than 30 days of data for determining the average HAP, or BTEX, emission reduction, as appropriate, compliance is achieved if the average HAP, or BTEX, emission reduction, as appropriate, calculated in paragraph (f)(2)(iii)(A) of this section is equal to or greater than 95.0 percent or is equal to or greater than the minimum percent reduction necessary to meet the BTEX emission limit as determined in paragraph (f)(1) of this section. (C) For the purposes of this subpart, a withdrawal season begins the first time gas is withdrawn from the storage field after July 1 of the calendar year and ends on June 30 of the next calendar year. (D) Glycol dehydration units that are operated continuously have the option of complying with the requirements specified in 40 CFR 63.772(g). (3) Compliance is achieved based on the applicable criteria in paragraphs (f)(3)(i) or (ii) of this section. (i) For sources meeting the HAP emission reduction specified in § 63.1281(d)(1)(ii) or (e)(3) if the average HAP emission reduction calculated in paragraph (f)(2)(iii) of this section is equal to or greater than 95.0 percent. (ii) For sources required to meet the BTEX limit under § 63.1281(e)(3) or (f)(1), compliance is achieved if the average BTEX emission reduction calculated in paragraph (f)(2)(iii) of this section is equal to or greater than the minimum percent reduction identified in paragraph (f)(1) of this section. (g) Performance testing for combustion control devices—manufacturers' performance test. (2) Performance testing shall consist of three one-hour (or longer) test runs for each of the four following firing rate settings making a total of 12 test runs per test. Propene (propylene) gas shall be used for the testing fuel. All fuel analyses shall be performed by an independent third-party laboratory (not affiliated with the control device manufacturer or fuel supplier). (i) 90-100 percent of maximum design rate (fixed rate). (ii) 70-100-70 percent (ramp up, ramp down). Begin the test at 70 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 100 percent of the maximum design rate. Hold at 100 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 70 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (iii) 30-70-30 percent (ramp up, ramp down). Begin the test at 30 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 70 percent of the maximum design rate. Hold at 70 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 30 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (iv) 0-30-0 percent (ramp up, ramp down). Begin the test at 0 percent of the maximum design rate. During the first 5 minutes, incrementally ramp the firing rate to 30 percent of the maximum design rate. Hold at 30 percent for 5 minutes. In the 10-15 minute time range, incrementally ramp back down to 0 percent of the maximum design rate. Repeat three more times for a total of 60 minutes of sampling. (3) All models employing multiple enclosures shall be tested simultaneously and with all burners operational. Results shall be reported for each enclosure individually and for the average of the emissions from all interconnected combustion enclosures/chambers. Control device operating data shall be collected continuously throughout the performance test using an electronic Data Acquisition System and strip chart. Data shall be submitted with the test report in accordance with paragraph (g)(8)(iii) of this section. (4) Inlet testing shall be conducted as specified in paragraphs (g)(4)(i) through (iii) of this section. (i) The inlet gas flow metering system shall be located in accordance with Method 2A, 40 CFR part 60, appendix A-1, (or other approved procedure) to measure inlet gas flowrate at the control device inlet location. The fitting for filling fuel sample containers shall be located a minimum of 8 pipe diameters upstream of any inlet gas flow monitoring meter. (ii) Inlet gas flowrate shall be determined using Method 2A, 40 CFR part 60, appendix A-1. Record the start and stop reading for each 60-minute THC test. Record the inlet gas pressure and temperature at 5-minute intervals throughout each 60-minute THC test. (iii) Inlet gas sampling shall be conducted in accordance with the criteria in paragraphs (g)(4)(iii)(A) and (B) of this section. (A) At the inlet gas sampling location, securely connect a Silonite-coated stainless steel evacuated canister fitted with a flow controller sufficient to fill the canister over a 3 hour period. Filling shall be conducted as specified in the following: ( 1 ( 2 ( 3 (B) Each inlet gas sample shall be analyzed using the following methods. The results shall be included in the test report. ( 1 ( 2 2 2 2 2 ( 3 (5) Outlet testing shall be conducted in accordance with the criteria in paragraphs (g)(5)(i) through (v) of this section. (i) Sampling and flowrate measured in accordance with the following: (A) The outlet sampling location shall be a minimum of 4 equivalent stack diameters downstream from the highest peak flame or any other flow disturbance, and a minimum of one equivalent stack diameter upstream of the exit or any other flow disturbance. A minimum of two sample ports shall be used. (B) Flowrate shall be measured using Method 1, 40 CFR part 60, Appendix 1, for determining flow measurement traverse point location; and Method 2, 40 CFR part 60, Appendix 1, shall be used to measure duct velocity. If low flow conditions are encountered ( i.e., (ii) Molecular weight shall be determined as specified in paragraphs (g)(4)(iii)(B), and (g)(5)(ii)(A) and (B) of this section. (A) An integrated bag sample shall be collected during the Method 4, 40 CFR part 60, appendix A, moisture test. Analyze the bag sample using a gas chromatograph-thermal conductivity detector (GC-TCD) analysis meeting the following criteria: ( 1 ( 2 ( 3 ( 4 (B) Report the molecular weight of: O 2 2 2 (iii) Carbon monoxide shall be determined using Method 10, 40 CFR part 60, appendix A or ASTM D6522-00 (Reapproved 2005) (incorporated by reference as specified in § 63.14). The test shall be run at the same time and with the sample points used for the EPA Method 25A, 40 CFR part 60, appendix A, testing. An instrument range of 0-10 per million by volume-dry (ppmvd) shall be used. (iv) Visible emissions shall be determined using Method 22, 40 CFR part 60, appendix A. The test shall be performed continuously during each test run. A digital color photograph of the exhaust point, taken from the position of the observer and annotated with date and time, will be taken once per test run and the four photos included in the test report. (v) Excess air shall be determined using resultant data from the EPA Method 3C tests and EPA Method 3B, 40 CFR part 60, appendix A, equation 3B-1 or ANSI/ASME PTC 19.10-1981, Part 10 (manual portion only) (incorporated by reference as specified in § 63.14). (6) Total hydrocarbons (THC) shall be determined as specified by the following criteria: (i) Conduct THC sampling using Method 25A, 40 CFR part 60, appendix A, except the option for locating the probe in the center 10 percent of the stack shall not be allowed. The THC probe must be traversed to 16.7 percent, 50 percent, and 83.3 percent of the stack diameter during the test run. (ii) A valid test shall consist of three Method 25A, 40 CFR part 60, appendix A, tests, each no less than 60 minutes in duration. (iii) A 0-10 parts per million by volume-wet (ppmvw) (as propane) measurement range is preferred; as an alternative a 0-30 ppmvw (as carbon) measurement range may be used. (iv) Calibration gases will be propane in air and be certified through EPA Protocol 1—“EPA Traceability Protocol for Assay and Certification of Gaseous Calibration Standards,” September 1997, as amended August 25, 1999, EPA-600/R-97/121 (or more recent if updated since 1999). (v) THC measurements shall be reported in terms of ppmvw as propane. (vi) THC results shall be corrected to 3 percent CO 2 (vii) Subtraction of methane/ethane from the THC data is not allowed in determining results. (7) Performance test criteria: (i) The control device model tested must meet the criteria in paragraphs (g)(7)(i)(A) through (C) of this section: (A) Method 22, 40 CFR part 60, appendix A, results under paragraph (g)(5)(v) of this section with no indication of visible emissions, and (B) Average Method 25A, 40 CFR part 60, appendix A, results under paragraph (g)(6) of this section equal to or less than 10.0 ppmvw THC as propane corrected to 3.0 percent CO 2 (C) Average CO emissions determined under paragraph (g)(5)(iv) of this section equal to or less than 10 parts ppmvd, corrected to 3.0 percent CO 2 (D) Excess combustion air shall be equal to or greater than 150 percent. (ii) The manufacturer shall determine a maximum inlet gas flowrate which shall not be exceeded for each control device model to achieve the criteria in paragraph (g)(7)(i) of this section. (iii) A control device meeting the criteria in paragraph (g)(7)(i)(A) through (C) of this section will have demonstrated a destruction efficiency of 95.0 percent for HAP regulated under this subpart. (8) The owner or operator of a combustion control device model tested under this section shall submit the information listed in paragraphs (g)(8)(i) through (iii) in the test report required under § 63.775(d)(1)(iii). (i) Full schematic of the control device and dimensions of the device components. (ii) Design net heating value (minimum and maximum) of the device. (iii) Test fuel gas flow range (in both mass and volume). Include the minimum and maximum allowable inlet gas flowrate. (iv) Air/stream injection/assist ranges, if used. (v) The test parameter ranges listed in paragraphs (g)(8)(v)(A) through (O) of this section, as applicable for the tested model. (A) Fuel gas delivery pressure and temperature. (B) Fuel gas moisture range. (C) Purge gas usage range. (D) Condensate (liquid fuel) separation range. (E) Combustion zone temperature range. This is required for all devices that measure this parameter. (F) Excess combustion air range. (G) Flame arrestor(s). (H) Burner manifold pressure. (I) Pilot flame sensor. (J) Pilot flame design fuel and fuel usage. (K) Tip velocity range. (L) Momentum flux ratio. (M) Exit temperature range. (N) Exit flowrate. (O) Wind velocity and direction. (vi) The test report shall include all calibration quality assurance/quality control data, calibration gas values, gas cylinder certification, and strip charts annotated with test times and calibration values. (h) Compliance demonstration for combustion control devices—manufacturers' performance test. (1) The inlet gas flowrate shall meet the range specified by the manufacturer. Flowrate shall be calculated as specified in § 63.1283(d)(3)(i)(H)( 1 (2) A pilot flame shall be present at all times of operation. The pilot flame shall be monitored in accordance with § 63.1283(d)(3)(i)(H)( 2 (3) Devices shall be operated with no visible emissions, except for periods not to exceed a total of 2 minutes during any hour. A visible emissions test using Method 22, 40 CFR part 60, appendix A, shall be performed each calendar quarter. The observation period shall be 1 hour and shall be conducted according to EPA Method 22, 40 CFR part 60, appendix A. (4) Compliance with the operating parameter limit is achieved when the following criteria are met: (i) The inlet gas flowrate monitored under paragraph (h)(1) of this section is equal to or below the maximum established by the manufacturer; and (ii) The pilot flame is present at all times; and (iii) During the visible emissions test performed under paragraph (h)(3) of this section the duration of visible emissions does not exceed a total of 2 minutes during the observation period. Devices failing the visible emissions test shall follow manufacturers repair instructions, if available, or best combustion engineering practice as outlined in the unit inspection and maintenance plan, to return the unit to compliant operation. All repairs and maintenance activities for each unit shall be recorded in a maintenance and repair log and shall be available on site for inspection. (iv) Following return to operation from maintenance or repair activity, each device must pass a Method 22 visual observation as described in paragraph (h)(3) of this section. [64 FR 32648, June 17, 1999, as amended at 66 FR 34556, June 29, 2001; 77 FR 49588, Aug. 16, 2012] § 63.1283 Inspection and monitoring requirements. (a) This section applies to an owner or operator using air emission controls in accordance with the requirements of § 63.1275. (b) The owner or operator of a control device whose model was tested under 63.1282(g) shall develop an inspection and maintenance plan for each control device. At a minimum, the plan shall contain the control device manufacturer's recommendations for ensuring proper operation of the device. Semi-annual inspections shall be conducted for each control device with maintenance and replacement of control device components made in accordance with the plan. (c) Closed-vent system inspection and monitoring requirements. (2) Except as provided in paragraphs (c)(5) and (6) of this section, each closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (c)(2)(i) and (ii) of this section and each bypass device shall be inspected according to the procedures of (c)(2)(iii) of this section. (i) For each closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted or gasketed ducting flange), the owner or operator shall: (A) Conduct an initial inspection according to the procedures specified in § 63.1282(b) to demonstrate that the closed-vent system operates with no detectable emissions. Inspection results shall be submitted with the Notification of Compliance Status Report as specified in § 63.1285(d)(1) or (2). (B) Conduct annual visual inspections for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in piping; loose connections; or broken or missing caps or other closure devices. The owner or operator shall monitor a component or connection using the procedures specified in § 63.1282(b) to demonstrate that it operates with no detectable emissions following any time the component or connection is repaired or replaced or the connection is unsealed. Inspection results shall be submitted in the Periodic Report as specified in § 63.1285(e)(2)(iii). (ii) For closed-vent system components other than those specified in paragraph (c)(2)(i) of this section, the owner or operator shall: (A) Conduct an initial inspection according to the procedures specified in § 63.1282(b) to demonstrate that the closed-vent system operates with no detectable emissions. Inspection results shall be submitted with the Notification of Compliance Status Report as specified in § 63.1285(d)(1) or (2). (B) Conduct annual inspections according to the procedures specified in § 63.1282(b) to demonstrate that the components or connections operate with no detectable emissions. Inspection results shall be submitted in the Periodic Report as specified in § 63.1285(e)(2)(iii). (C) Conduct annual visual inspections for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork; loose connections; or broken or missing caps or other closure devices. Inspection results shall be submitted in the Periodic Report as specified in § 63.1285(e)(2)(iii). (iii) For each bypass device, except as provided for in § 63.1281(c)(3)(ii), the owner or operator shall either: (A) At the inlet to the bypass device that could divert the steam away from the control device to the atmosphere, set the flow indicator to take a reading at least once every 15 minutes; or (B) If the bypass device valve installed at the inlet to the bypass device is secured in the non-diverting position using a car-seal or a lock-and-key type configuration, visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass device. (3) In the event that a leak or defect is detected, the owner or operator shall repair the leak or defect as soon as practicable, except as provided in paragraph (c)(4) of this section. (i) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (ii) Repair shall be completed no later than 15 calendar days after the leak is detected. (4) Delay of repair of a closed-vent system for which leaks or defects have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.1271, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next shutdown. (5) Any parts of the closed-vent system or cover that are designated, as described in paragraphs (c)(5) (i) and (ii) of this section, as unsafe to inspect are exempt from the inspection requirements of paragraphs (c)(2) (i) and (ii) of this section if: (i) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (c)(2) (i) or (ii) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times. (6) Any parts of the closed-vent system or cover that are designated, as described in paragraphs (c)(6) (i) and (ii) of this section, as difficult to inspect are exempt from the inspection requirements of paragraphs (c)(2) (i) and (ii) of this section if: (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (7) Records shall be maintained as specified in § 63.1284(b)(5) through (8). (d) Control device monitoring requirements. (i) Each continuous parameter monitoring system shall measure data values at least once every hour and record either: (A) Each measured data value; or (B) Each block average value for each 1-hour period or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. (ii) A site-specific monitoring plan must be prepared that addresses the monitoring system design, data collection, and the quality assurance and quality control elements outlined in paragraph (d) of this section and in § 63.8(d). Each CPMS must be installed, calibrated, operated, and maintained in accordance with the procedures in your approved site-specific monitoring plan. Using the process described in § 63.8(f)(4), you may request approval of monitoring system quality assurance and quality control procedures alternative to those specified in paragraphs (d)(1)(ii)(A) through (E) of this section in your site-specific monitoring plan. (A) The performance criteria and design specifications for the monitoring system equipment, including the sample interface, detector signal analyzer, and data acquisition and calculations; (B) Sampling interface (e.g., thermocouple) location such that the monitoring system will provide representative measurements; (C) Equipment performance checks, system accuracy audits, or other audit procedures; (D) Ongoing operation and maintenance procedures in accordance with provisions in § 63.8(c)(1) and (c)(3); and (E) Ongoing reporting and recordkeeping procedures in accordance with provisions in § 63.10(c), (e)(1), and (e)(2)(i). (iii) The owner or operator must conduct the CPMS equipment performance checks, system accuracy audits, or other audit procedures specified in the site-specific monitoring plan at least once every 12 months. (iv) The owner or operator must conduct a performance evaluation of each CPMS in accordance with the site-specific monitoring plan. (2) An owner or operator is exempted from the monitoring requirements specified in paragraphs (d)(3) through (7) of this section for the following types of control devices: (i) Except for control devices for small glycol dehydration units, a boiler or process heater in which all vent streams are introduced with the primary fuel or are used as the primary fuel; (ii) Except for control devices for small glycol dehydration units, a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts. (3) The owner or operator shall install, calibrate, operate, and maintain a device equipped with a continuous recorder to measure the values of operating parameters appropriate for the control device as specified in either paragraph (d)(3)(i), (d)(3)(ii), or (d)(3)(iii) of this section. (i) A continuous monitoring system that measures the following operating parameters as applicable: (A) For a thermal vapor incinerator that demonstrates during the performance test conducted under § 63.1282(d) that combustion zone temperature is an accurate indicator of performance, a temperature monitoring device equipped with a continuous recorder. The monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location representative of the combustion zone temperature. (B) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperatures at two locations and have a minimum accuracy of ±2 percent of the temperatures being monitored in °C, or ±2.5 °C, whichever value is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet. (C) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame. (D) For a boiler or process heater, a temperature monitoring device equipped with a continuous recorder. The temperature monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location representative of the combustion zone temperature. (E) For a condenser, a temperature monitoring device equipped with a continuous recorder. The temperature monitoring device shall have a minimum accuracy of ±2 percent of the temperature being monitored in °C, or ±2.5 °C, whichever value is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser. (F) For a regenerative-type carbon adsorption system: ( 1 ( 2 (G) For a nonregenerative-type carbon adsorption system, the owner or operator shall monitor the design carbon replacement interval established using a performance test performed in accordance with § 63.1282(d)(3) and shall be based on the total carbon working capacity of the control device and source operating schedule. (H) For a control device whose model is tested under § 63.1282(g): ( 1 TM ( 2 (ii) A continuous monitoring system that measures the concentration level of organic compounds in the exhaust vent stream from the control device using an organic monitoring device equipped with a continuous recorder. The monitor must meet the requirements of Performance Specification 8 or 9 of appendix B of 40 CFR part 60 and must be installed, calibrated, and maintained according to the manufacturer's specifications. (iii) A continuous monitoring system that measures alternative operating parameters other than those specified in paragraph (d)(3)(i) or (d)(3)(ii) of this section upon approval of the Administrator as specified in § 63.8(f)(1) through (5). (4) Using the data recorded by the monitoring system, except for inlet gas flowrate, the owner or operator must calculate the daily average value for each monitored operating parameter for each operating day. If the emissions unit operation is continuous, the operating day is a 24-hour period. If the emissions unit operation is not continuous, the operating day is the total number of hours of control device operation per 24-hour period. Valid data points must be available for 75 percent of the operating hours in an operating day to compute the daily average. (5) For each operating parameter monitored in accordance with the requirements of paragraph (d)(3) of this section, the owner or operator shall comply with paragraph (d)(5)(i) of this section for all control devices, and when condensers are installed, the owner or operator shall also comply with paragraph (d)(5)(ii) of this section for condensers. (i) The owner or operator shall establish a minimum operating parameter value or a maximum operating parameter value, as appropriate for the control device, to define the conditions at which the control device must be operated to continuously achieve the applicable performance requirements of § 63.1281(d)(1), (e)(3)(ii), or (f)(1). Each minimum or maximum operating parameter value shall be established as follows: (A) If the owner or operator conducts performance tests in accordance with the requirements of § 63.1282(d)(3) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then the minimum operating parameter value or the maximum operating parameter value shall be established based on values measured during the performance test and supplemented, as necessary, by a condenser design analysis or control device manufacturer's recommendations or a combination of both. (B) If the owner or operator uses a condenser design analysis in accordance with the requirements of § 63.1282(d)(4) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then the minimum operating parameter value or the maximum operating parameter value shall be established based on the condenser design analysis and may be supplemented by the condenser manufacturer's recommendations. (C) If the owner or operator operates a control device where the performance test requirement was met under § 63.1282(g) to demonstrate that the control device achieves the applicable performance requirements specified in § 63.1281(d)(1), (e)(3)(ii) or (f)(1), then the maximum inlet gas flowrate shall be established based on the performance test and supplemented, as necessary, by the manufacturer recommendations. (ii) The owner or operator shall establish a condenser performance curve showing the relationship between condenser outlet temperature and condenser control efficiency. The curve shall be established as follows: (A) If the owner or operator conducts a performance test in accordance with the requirements of § 63.1282(d)(3) to demonstrate that the condenser achieves the applicable performance requirements in § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then the condenser performance curve shall be based on values measured during the performance test and supplemented as necessary by control device design analysis, or control device manufacturer's recommendations, or a combination or both. (B) If the owner or operator uses a control device design analysis in accordance with the requirements of § 63.1282(d)(4)(i) to demonstrate that the condenser achieves the applicable performance requirements specified in § 63.1281(d)(1), (e)(3)(ii), or (f)(1), then the condenser performance curve shall be based on the condenser design analysis and may be supplemented by the control device manufacturer's recommendations. (C) As an alternative to paragraph (d)(5)(ii)(B) of this section, the owner or operator may elect to use the procedures documented in the GRI report entitled, “Atmospheric Rich/Lean Method for Determining Glycol Dehydrator Emissions” (GRI-95/0368.1) as inputs for the model GRI-GLYCalc TM (6) An excursion for a given control device is determined to have occurred when the monitoring data or lack of monitoring data result in any one of the criteria specified in paragraphs (d)(6)(i) through (d)(6)(v) of this section being met. When multiple operating parameters are monitored for the same control device and during the same operating day, and more than one of these operating parameters meets an excursion criterion specified in paragraphs (d)(6)(i) through (d)(6)(v) of this section, then a single excursion is determined to have occurred for the control device for that operating day. (i) An excursion occurs when the daily average value of a monitored operating parameter is less than the minimum operating parameter limit (or, if applicable, greater than the maximum operating parameter limit) established for the operating parameter in accordance with the requirements of paragraph (d)(5)(i) of this section. (ii) For sources meeting § 63.1281(d)(1)(ii), an excursion occurs when average condenser efficiency calculated according to the requirements specified in § 63.1282(f)(2)(iii) is less than 95.0 percent, as specified in § 63.1282(f)(3). For sources meeting § 63.1281(f)(1), an excursion occurs when the 30-day average condenser efficiency calculated according to the requirements of § 63.1282(f)(2)(iii) is less than the identified 30-day required percent reduction. (iii) An excursion occurs when the monitoring data are not available for at least 75 percent of the operating hours in a day. (iv) If the closed-vent system contains one or more bypass devices that could be used to divert all or a portion of the gases, vapors, or fumes from entering the control device, an excursion occurs when: (A) For each bypass line subject to § 63.1281(c)(3)(i)(A) the flow indicator indicates that flow has been detected and that the stream has been diverted away from the control device to the atmosphere. (B) For each bypass line subject to § 63.1281(c)(3)(i)(B), if the seal or closure mechanism has been broken, the bypass line valve position has changed, the key for the lock-and-key type lock has been checked out, or the car-seal has broken. (v) For control device whose model is tested under § 63.1282(g) an excursion occurs when: (A) The inlet gas flowrate exceeds the maximum established during the test conducted under § 63.1282(g). (B) Failure of the quarterly visible emissions test conducted under § 63.1282(h)(3) occurs. (7) For each excursion, the owner or operator shall be deemed to have failed to have applied control in a manner that achieves the required operating parameter limits. Failure to achieve the required operating parameter limits is a violation of this standard. (8) [Reserved] (9) Nothing in paragraphs (d)(1) through (d)(8) of this section shall be construed to allow or excuse a monitoring parameter excursion caused by any activity that violates other applicable provisions of this subpart. [64 FR 32648, June 17, 1999, as amended at 66 FR 34557, June 29, 2001; 68 FR 37357, June 23, 2003; 71 FR 20459, Apr. 20, 2006; 77 FR 49594, Aug. 16, 2012] § 63.1284 Recordkeeping requirements. (a) The recordkeeping provisions of subpart A of this part, that apply and those that do not apply to owners and operators of facilities subject to this subpart are listed in Table 2 of this subpart. (b) Except as specified in paragraphs (c) and (d) of this section, each owner or operator of a facility subject to this subpart shall maintain the records specified in paragraphs (b)(1) through (b)(10) of this section: (1) The owner or operator of an affected source subject to the provisions of this subpart shall maintain files of all information (including all reports and notifications) required by this subpart. The files shall be retained for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report or period. (i) All applicable records shall be maintained in such a manner that they can be readily accessed. (ii) The most recent 12 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. (iii) The remaining 4 years of records may be retained offsite. (iv) Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (2) Records specified in § 63.10(b)(2); (3) Records specified in § 63.10(c) for each monitoring system operated by the owner or operator in accordance with the requirements of § 63.1283(d). Notwithstanding the previous sentence, monitoring data recorded during periods identified in paragraphs (b)(3)(i) through (iv) of this section shall not be included in any average or percent leak rate computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device operation when monitors are not operating or failed to collect required data. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; (ii) [Reserved] (iii) Periods of non-operation resulting in cessation of the emissions to which the monitoring applies; and (iv) Excursions due to invalid data as defined in § 63.1283(d)(6)(iii). (4) Each owner or operator using a control device to comply with § 63.1274 shall keep the following records up-to-date and readily accessible: (i) Continuous records of the equipment operating parameters specified to be monitored under § 63.1283(d) or specified by the Administrator in accordance with § 63.1283(d)(3)(iii). For flares, the hourly records and records of pilot flame outages specified in paragraph (e) of this section shall be maintained in place of continuous records. (ii) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.1283(d)(4) of this subpart, except as specified in paragraphs (b)(4)(ii)(A) through (C) of this section. (A) For flares, the records required in paragraph (e) of this section. (B) For condensers installed to comply with § 63.1275, records of the annual 30-day rolling average condenser efficiency determined under § 63.1282(f) shall be kept in addition to the daily averages. (C) For a control device whose model is tested under § 63.1282(g), the records required in paragraph (g) of this section. (iii) Hourly records of the times and durations of all periods when the vent stream is diverted from the control device or the device is not operating. (iv) Where a seal or closure mechanism is used to comply with § 63.1281(c)(3)(i)(B), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanism has been done, and shall record the duration of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. (5) Records identifying all parts of the closed-vent system that are designated as unsafe to inspect in accordance with § 63.1283(c)(5), an explanation of why the equipment is unsafe to inspect, and the plan for inspecting the equipment. (6) Records identifying all parts of the closed-vent system that are designated as difficult to inspect in accordance with § 63.1283(c)(6), an explanation of why the equipment is difficult to inspect, and the plan for inspecting the equipment. (7) For each inspection conducted in accordance with § 63.1283(c), during which a leak or defect is detected, a record of the information specified in paragraphs (b)(7)(i) through (b)(7)(viii) of this section. (i) The instrument identification numbers, operator name or initials, and identification of the equipment. (ii) The date the leak or defect was detected and the date of the first attempt to repair the leak or defect. (iii) Maximum instrument reading measured by the method specified in § 63.1282(b) after the leak or defect is successfully repaired or determined to be nonrepairable. (iv) “Repair delayed” and the reason for the delay if a leak or defect is not repaired within 15 calendar days after discovery of the leak or defect. (v) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown. (vi) The expected date of successful repair of the leak or defect if a leak or defect is not repaired within 15 calendar days. (vii) Dates of shutdowns that occur while the equipment is unrepaired. (viii) The date of successful repair of the leak or defect. (ix) Records identifying the carbon replacement schedule under § 63.1281(d)(5) and records of each carbon replacement. (8) For each inspection conducted in accordance with § 63.1283(c) during which no leaks or defects are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks or defects were detected. (9) Records of glycol dehydration unit baseline operations calculated as required under § 63.1281(e)(1). (10) Records required in § 63.1281(e)(3)(i) documenting that the facility continues to operate under the conditions specified in § 63.1281(e)(2). (c) An owner or operator that elects to comply with the benzene emission limit specified in § 63.1275(b)(1)(ii) shall document, to the Administrator's satisfaction, the following items: (1) The method used for achieving compliance and the basis for using this compliance method; and (2) The method used for demonstrating compliance with 0.90 megagrams per year of benzene. (3) Any information necessary to demonstrate compliance as required in the methods specified in paragraphs (c)(1) and (c)(2) of this section. (d) An owner or operator that is exempt from control requirements under § 63.1274(d) shall maintain the records specified in paragraph (d)(1) or (d)(2) of this section, as appropriate, for each glycol dehydration unit that is not controlled according to the requirements of § 63.1274(c). (1) The actual annual average natural gas throughput (in terms of natural gas flowrate to the glycol dehydration unit per day), as determined in accordance with § 63.1282(a)(1); or (2) The actual average benzene emissions (in terms of benzene emissions per year), as determined in accordance with § 63.1282(a)(2). (e) Record the following when using a flare to comply with § 63.1281(d): (1) Flare design (i.e., steam-assisted, air-assisted, or non-assisted); (2) All visible emission readings, heat content determinations, flowrate measurements, and exit velocity determinations made during the compliance determination required by § 63.1282(d)(2); and (3) All hourly records and other recorded periods when the pilot flame is absent. (f) The owner or operator of an affected source subject to this subpart shall maintain records of the occurrence and duration of each malfunction of operation ( i.e., (g) Record the following when using a control device whose model is tested under § 63.1282(g) to comply with § 63.1281(d), (e)(3)(ii) and (f)(1): (1) All visible emission readings and flowrate calculations made during the compliance determination required by § 63.1282(h); and (2) All hourly records and other recorded periods when the pilot flame is absent. (h) The date the semi-annual maintenance inspection required under § 63.1283(b) is performed. Include a list of any modifications or repairs made to the control device during the inspection and other maintenance performed such as cleaning of the fuel nozzles. [64 FR 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001; 77 FR 49595, Aug. 16, 2012] § 63.1285 Reporting requirements. (a) The reporting provisions of subpart A, of this part that apply and those that do not apply to owners and operators of facilities subject to this subpart are listed in Table 2 of this subpart. (b) Each owner or operator of a facility subject to this subpart shall submit the information listed in paragraphs (b)(1) through (b)(6) of this section, except as provided in paragraph (b)(7) of this section. (1) The initial notifications required for existing affected sources under § 63.9(b)(2) shall be submitted as provided in paragraphs (b)(1)(i) and (ii) of this section. (i) Except as otherwise provided in paragraph (b)(1)(ii) of this section, the initial notification shall be submitted by 1 year after an affected source becomes subject to the provisions of this subpart or by June 17, 2000, whichever is later. Affected sources that are major sources on or before June 17, 2000 and plan to be area sources by June 17, 2002 shall include in this notification a brief, nonbinding description of a schedule for the action(s) that are planned to achieve area source status. (ii) An affected source identified under § 63.1270(d)(3) shall submit an initial notification required for existing affected sources under § 63.9(b)(2) within 1 year after the affected source becomes subject to the provisions of this subpart or by October 15, 2013, whichever is later. An affected source identified under § 63.1270(d)(3) that plans to be an area source by October 15, 2015, shall include in this notification a brief, nonbinding description of a schedule for the action(s) that are planned to achieve area source status. (2) The date of the performance evaluation as specified in § 63.8(e)(2), required only if the owner or operator is requested by the Administrator to conduct a performance evaluation for a continuous monitoring system. A separate notification of the performance evaluation is not required if it is included in the initial notification submitted in accordance with paragraph (b)(1) of this section. (3) The planned date of a performance test at least 60 days before the test in accordance with § 63.7(b). Unless requested by the Administrator, a site-specific test plan is not required by this subpart. If requested by the Administrator, the owner or operator must also submit the site-specific test plan required by § 63.7(c) with the notification of the performance test. A separate notification of the performance test is not required if it is included in the initial notification submitted in accordance with paragraph (b)(1) of this section. (4) A Notification of Compliance Status Report as described in paragraph (d) of this section; (5) Periodic Reports as described in paragraph (e) of this section; and (6) If there was a malfunction during the reporting period, the Periodic Report specified in paragraph (e) of this section shall include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1274(h), including actions taken to correct a malfunction. (7) [Reserved] (c) [Reserved] (d) Each owner or operator of a source subject to this subpart shall submit a Notification of Compliance Status Report as required under § 63.9(h) within 180 days after the compliance date specified in § 63.1270(d). In addition to the information required under § 63.9(h), the Notification of Compliance Status Report shall include the information specified in paragraphs (d)(1) through (12) of this section. This information may be submitted in an operating permit application, in an amendment to an operating permit application, in a separate submittal, or in any combination of the three. If all of the information required under this paragraph have been submitted at any time prior to 180 days after the applicable compliance dates specified in § 63.1270(d), a separate Notification of Compliance Status Report is not required. If an owner or operator submits the information specified in paragraphs (d)(1) through (12) of this section at different times, and/or different submittals, subsequent submittals may refer to previous submittals instead of duplicating and resubmitting the previously submitted information. (1) If a closed-vent system and a control device other than a flare are used to comply with § 63.1274, the owner or operator shall submit the information in paragraph (d)(1)(iii) of this section and the information in either paragraph (d)(1)(i) or (ii) of this section. (i) The condenser design analysis documentation specified in § 63.1282(d)(4) of this subpart if the owner or operator elects to prepare a design analysis; or (ii) If the owner or operator is required to conduct a performance test, the performance test results including the information specified in paragraphs (d)(1)(ii)(A) and (B) of this section. Results of a performance test conducted prior to the compliance date of this subpart can be used provided that the test was conducted using the methods specified in § 63.1282(d)(3), and that the test conditions are representative of current operating conditions. If the owner or operator operates a combustion control device model tested under § 63.1282(g), an electronic copy of the performance test results shall be submitted via email to Oil_and_Gas_PT@EPA.GOV epa.gov/airquality/oilandgas/. (A) The percent reduction of HAP or TOC, or the outlet concentration of HAP or TOC (parts per million by volume on a dry basis), determined as specified in § 63.1282(d)(3) of this subpart; and (B) The value of the monitored parameters specified in § 63.1283(d) of this subpart, or a site-specific parameter approved by the permitting agency, averaged over the full period of the performance test. (iii) The results of the closed-vent system initial inspections performed according to the requirements in § 63.1283(c)(2)(i) and (ii). (2) If a closed-vent system and a flare are used to comply with § 63.1274, the owner or operator shall submit performance test results including the information in paragraphs (d)(2)(i) and (ii) of this section. The owner or operator shall also submit the information in paragraph (d)(2)(iii) of this section. (i) All visible emission readings, heat content determinations, flowrate measurements, and exit velocity determinations made during the compliance determination required by § 63.1282(d)(2) of this subpart, and (ii) A statement of whether a flame was present at the pilot light over the full period of the compliance determination. (iii) The results of the closed-vent system initial inspections performed according to the requirements in § 63.1283(c)(2)(i) and (ii). (3) The owner or operator shall submit one complete test report for each test method used for a particular source. (i) For additional tests performed using the same test method, the results specified in paragraph (d)(1)(ii) of this section shall be submitted, but a complete test report is not required. (ii) A complete test report shall include a sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (4) For each control device other than a flare used to meet the requirements of § 63.1274, the owner or operator shall submit the information specified in paragraphs (d)(4)(i) through (iv) of this section for each operating parameter required to be monitored in accordance with the requirements of § 63.1283(d). (i) The minimum operating parameter value or maximum operating parameter value, as appropriate for the control device, established by the owner or operator to define the conditions at which the control device must be operated to continuously achieve the applicable performance requirements of § 63.1281(d)(1) or (e)(3)(ii). (ii) An explanation of the rationale for why the owner or operator selected each of the operating parameter values established in § 63.1283(d)(5) of this subpart. This explanation shall include any data and calculations used to develop the value, and a description of why the chosen value indicates that the control device is operating in accordance with the applicable requirements of § 63.1281(d)(1), (e)(3)(ii), or (f)(1). (iii) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (iv) For each carbon adsorber, the predetermined carbon replacement schedule as required in § 63.1281(d)(5)(i). (5) Results of any continuous monitoring system performance evaluations shall be included in the Notification of Compliance Status Report. (6) After a title V permit has been issued to the owner or operator of an affected source, the owner or operator of such source shall comply with all requirements for compliance status reports contained in the source's title V permit, including reports required under this subpart. After a title V permit has been issued to the owner or operator of an affected source, and each time a notification of compliance status is required under this subpart, the owner or operator of such source shall submit the notification of compliance status to the appropriate permitting authority following completion of the relevant compliance demonstration activity specified in this subpart. (7) The owner or operator that elects to comply with the requirements of § 63.1275(b)(1)(ii) shall submit the records required under § 63.1284(c). (8) The owner or operator shall submit an analysis demonstrating whether an affected source is a major source using the maximum throughput calculated according to § 63.1270(a). (9) The owner or operator shall submit a statement as to whether the source has complied with the requirements of this subpart. (10) The owner or operator shall submit the analysis prepared under § 63.1281(e)(2) to demonstrate that the conditions by which the facility will be operated to achieve the HAP emission reduction of 95.0 percent, or the BTEX limit in § 63.1275(b)(1)(iii) through process modifications or a combination of process modifications and one or more control devices. (11) If the owner or operator installs a combustion control device model tested under the procedures in § 63.1282(g), the data listed under § 63.1282(g)(8). (12) For each combustion control device model tested under § 63.1282(g), the information listed in paragraphs (d)(12)(i) through (vi) of this section. (i) Name, address and telephone number of the control device manufacturer. (ii) Control device model number. (iii) Control device serial number. (iv) Date the model of control device was tested by the manufacturer. (v) Manufacturer's HAP destruction efficiency rating. (vi) Control device operating parameters, maximum allowable inlet gas flowrate. (e) Periodic Reports. (1) An owner or operator shall submit Periodic Reports semiannually beginning 60 calendar days after the end of the applicable reporting period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status Report is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status Report is due. (2) The owner or operator shall include the information specified in paragraphs (e)(2)(i) through (xiii) of this section, as applicable. (i) The information required under § 63.10(e)(3). For the purposes of this subpart and the information required under § 63.10(e)(3), excursions (as defined in § 63.1283(d)(6)) shall be considered excess emissions. (ii) A description of all excursions as defined in § 63.1283(d)(6) of this subpart that have occurred during the 6-month reporting period. (A) For each excursion caused when the daily average value of a monitored operating parameter is less than the minimum operating parameter limit (or, if applicable, greater than the maximum operating parameter limit), as specified in § 63.1283(d)(6)(i), the report must include the daily average values of the monitored parameter, the applicable operating parameter limit, and the date and duration of the period that the excursion occurred. (B) For each excursion caused when the 30-day average condenser control efficiency is less than the value, as specified in § 63.1283(d)(6)(ii), the report must include the 30-day average values of the condenser control efficiency, and the date and duration of the period that the excursion occurred. (C) For each excursion caused by lack of monitoring data, as specified in § 63.1283(d)(6)(iii), the report must include the date and duration of period when the monitoring data were not collected and the reason why the data were not collected. (D) For each excursion caused when the maximum inlet gas flowrate identified under § 63.1282(g) is exceeded, the report must include the values of the inlet gas identified and the date and duration of the period that the excursion occurred. (E) For each excursion caused when visible emissions determined under § 63.1282(h) exceed the maximum allowable duration, the report must include the date and duration of the period that the excursion occurred, repairs affected to the unit, and date the unit was returned to service. (iii) For each inspection conducted in accordance with § 63.1283(c) during which a leak or defect is detected, the records specified in § 63.1284(b)(7) must be included in the next Periodic Report. (iv) For each closed-vent system with a bypass line subject to § 63.1281(c)(3)(i)(A), records required under § 63.1284(b)(4)(iii) of all periods when the vent stream is diverted from the control device through a bypass line. For each closed-vent system with a bypass line subject to § 63.1281(c)(3)(i)(B), records required under § 63.1284(b)(4)(iv) of all periods in which the seal or closure mechanism is broken, the bypass valve position has changed, or the key to unlock the bypass line valve was checked out. (v) If an owner or operator elects to comply with § 63.1275(b)(1)(ii), the records required under § 63.1284(c)(3). (vi) The information in paragraphs (e)(2)(vi)(A) and (B) of this section shall be stated in the Periodic Report, when applicable. (A) No excursions. (B) No continuous monitoring system has been inoperative, out of control, repaired, or adjusted. (vii) Any change in compliance methods as specified in § 63.1282(e). (viii) If the owner or operator elects to comply with § 63.1275(c)(2), the records required under § 63.1284(b)(10). (ix) For flares, the records specified in § 63.1284(e). (x) The results of any periodic test as required in § 63.1282(d)(3) conducted during the reporting period. (xi) For each carbon adsorber used to meet the control device requirements of § 63.1281(d)(1), records of each carbon replacement that occurred during the reporting period. (xii) For combustion control device inspections conducted in accordance with § 63.1283(b) the records specified in § 63.1284(h). (xiii) Certification by a responsible official of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete. (f) Notification of process change. (1) A brief description of the process change; (2) A description of any modification to standard procedures or quality assurance procedures; (3) Revisions to any of the information reported in the original Notification of Compliance Status Report under paragraph (d) of this section; and (4) Information required by the Notification of Compliance Status Report under paragraph (d) of this section for changes involving the addition of processes or equipment. (g) Electronic reporting. www.epa.gov/cdx http://www.epa.gov/ttn/chief/ert/index.html (2) All reports required by this subpart not subject to the requirements in paragraph (g)(1) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case (e.g., by commonly used electronic media such as Excel spreadsheet, on CD or hard copy). The Administrator retains the right to require submittal of reports subject to paragraph (g)(1) of this section in paper format. [64 FR 32648, June 17, 1999, as amended at 66 FR 34558, June 29, 2001; 77 FR 49596, Aug. 16, 2012] § 63.1286 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1270, 63.1274 through 63.1275, 63.1281, and 63.1287. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37357, June 23, 2003] § 63.1287 Alternative means of emission limitation. (a) If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in HAP emissions at least equivalent to the reduction in HAP emissions from that source achieved under the applicable requirements in §§ 63.1274 through 63.1281, the Administrator will publish a notice in the Federal Register (b) Any notice under paragraph (a) of this section shall be published only after public notice and an opportunity for a hearing. (c) Any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information showing that this means achieves equivalent emission reductions. [64 FR 32648, June 17, 1999, as amended at 77 FR 49597, Aug. 16, 2012] §§ 63.1288-63.1289 [Reserved] Appendix: Table 1 to Subpart HHH of Part 63—List of Hazardous Air Pollutants (HAP) for Subpart HHH CAS Number a Chemical name 75070 Acetaldehyde 71432 Benzene (includes benzene in gasoline) 75150 Carbon disulfide 463581 Carbonyl sulfide 100414 Ethyl benzene 107211 Ethylene glycol 75050 Acetaldehyde 50000 Formaldehyde 110543 n-Hexane 91203 Naphthalene 108883 Toluene 540841 2,2,4-Trimethylpentane 1330207 Xylenes (isomers and mixture) 95476 o-Xylene 108383 m-Xylene 106423 p-Xylene a Appendix: Table 2 to Subpart HHH of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart HHH General provisions Applicable to subpart HHH Explanation § 63.1(a)(1) Yes. § 63.1(a)(2) Yes. § 63.1(a)(3) Yes. § 63.1(a)(4) Yes. § 63.1(a)(5) No Section reserved. § 63.1(a)(6) through (a)(8) Yes. § 63.1(a)(9) No Section reserved. § 63.1(a)(10) Yes. § 63.1(a)(11) Yes. § 63.1(a)(12) Yes. § 63.1(b)(1) No Subpart HHH specifies applicability. § 63.1(b)(2) Yes. § 63.1(b)(3) No. § 63.1(c)(1) No Subpart HHH specifies applicability. § 63.1(c)(2) No. § 63.1(c)(3) No Section reserved. § 63.1(c)(4) Yes. § 63.1(c)(5) Yes. § 63.1(c)(6) Yes § 63.1(d) No Section reserved. § 63.1(e) Yes. § 63.2 Yes Except definition of major source is unique for this source category and there are additional definitions in subpart HHH. § 63.3(a) through (c) Yes. § 63.4(a)(1) Yes § 63.4(a)(2) Yes § 63.4(a)(3) No Section reserved. § 63.4(a)(4) No Section reserved. § 63.4(a)(5) No Section reserved. § 63.4(b) Yes. § 63.4(c) Yes. § 63.5(a)(1) Yes. § 63.5(a)(2) No Preconstruction review required only for major sources that commence construction after promulgation of the standard. § 63.5(b)(1) Yes. § 63.5(b)(2) No Section reserved. § 63.5(b)(3) Yes. § 63.5(b)(4) Yes. § 63.5(b)(5) No Section reserved. § 63.5(b)(6) Yes. § 63.5(c) No Section reserved. § 63.5(d)(1) Yes. § 63.5(d)(2) Yes. § 63.5(d)(3) Yes. § 63.5(d)(4) Yes. § 63.5(e) Yes. § 63.5(f)(1) Yes. § 63.5(f)(2) Yes. § 63.6(a) Yes. § 63.6(b)(1) Yes. § 63.6(b)(2) Yes. § 63.6(b)(3) Yes. § 63.6(b)(4) Yes. § 63.6(b)(5) Yes. § 63.6(b)(6) No Section reserved. § 63.6(b)(7) Yes. § 63.6(c)(1) Yes. § 63.6(c)(2) Yes. § 63.6(c)(3) and (c)(4) No Section reserved. § 63.6(c)(5) Yes. § 63.6(d) No Section reserved. § 63.6(e) Yes. § 63.6(e) Yes Except as otherwise specified. § 63.6(e)(1)(i) No See § 63.1274(h) for general duty requirement. § 63.6(e)(1)(ii) No. § 63.6(e)(1)(iii) Yes. § 63.6(e)(2) No Section reserved. § 63.6(e)(3) No. § 63.6(f)(1) No. § 63.6(f)(2) Yes. § 63.6(f)(3) Yes. § 63.6(g) Yes. § 63.6(h)(1) No. § 63.6(h)(2) Yes. § 63.6(h)(3) No Section reserved. § 63.6(h)(4) through (h)(9) Yes. § 63.6(i)(1) through (i)(14) Yes. § 63.6(i)(15) No Section reserved. § 63.6(i)(16) Yes. § 63.6(j) Yes. § 63.7(a)(1) Yes. § 63.7(a)(2) Yes But the performance test results must be submitted within 180 days after the compliance date. § 63.7(a)(3) Yes. § 63.7(a)(4) Yes. § 63.7(b) Yes. § 63.7(c) Yes. § 63.7(d) Yes. § 63.7(e)(1) No. § 63.7(e)(2) Yes. § 63.7(e)(3) Yes. § 63.7(e)(4) Yes. § 63.7(f) Yes. § 63.7(g) Yes. § 63.7(h) Yes. § 63.8(a)(1) Yes. § 63.8(a)(2) Yes. § 63.8(a)(3) No Section reserved. § 63.8(a)(4) Yes. § 63.8(b)(1) Yes. § 63.8(b)(2) Yes. § 63.8(b)(3) Yes. § 63.8(c)(1) Yes. § 63.8(c)(1)(i) No. § 63.8(c)(1)(ii) Yes. § 63.8(c)(1)(iii) No. § 63.8(c)(2) Yes. § 63.8(c)(3) Yes. § 63.8(c)(4) No. § 63.8(c)(5) through (c)(8) Yes. § 63.8(d)(1) Yes. § 63.8(d)(2) Yes. § 63.8(d)(3) Yes Except for last sentence, which refers to an SSM plan. SSM plans are not required. § 63.8(e) Yes Subpart HHH does not specifically require continuous emissions monitor performance evaluations, however, the Administrator can request that one be conducted. § 63.8(f)(1) through (f)(5) Yes. § 63.8(f)(6) No Subpart HHH does not require continuous emissions monitoring. § 63.8(g) No Subpart HHH specifies continuous monitoring system data reduction requirements. § 63.9(a) Yes. § 63.9(b)(1) Yes. § 63.9(b)(2) Yes Existing sources are given 1 year (rather than 120 days) to submit this notification. § 63.9(b)(3) No Section reserved. § 63.9(b)(4) Yes. § 63.9(b)(5) Yes. § 63.9(c) Yes. § 63.9(d) Yes. § 63.9(e) Yes. § 63.9(f) Yes. § 63.9(g) Yes. § 63.9(h)(1) through (h)(3) Yes. § 63.9(h)(4) No Section reserved. § 63.9(h)(5) and (h)(6) Yes. § 63.9(i) Yes. § 63.9(j) Yes. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Yes. § 63.10(b)(1) Yes Section 63.1284(b)(1) requires sources to maintain the most recent 12 months of data on-site and allows offsite storage for the remaining 4 years of data. § 63.10(b)(2) Yes. § 63.10(b)(2)(i) No. § 63.10(b)(2)(ii) No See § 63.1284(f) for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction. § 63.10(b)(2)(iii) Yes. § 63.10(b)(2)(iv) through (b)(2)(v) No. § 63.10(b)(2)(vi) through (b)(2)(xiv) Yes. § 63.10(b)(3) No. § 63.10(c)(1) Yes. § 63.10(c)(2) through (c)(4) No Sections reserved. § 63.10(c)(5) through (c)(8) Yes. § 63.10(c)(9) No Section reserved. § 63.10(c)(10) through (c)(11) No See § 63.1284(f) for recordkeeping of malfunctions. § 63.10(c)(12) through (c)(14) Yes. § 63.10(c)(15) No. § 63.10(d)(1) Yes. § 63.10(d)(2) Yes. § 63.10(d)(3) Yes. § 63.10(d)(4) Yes. § 63.10(d)(5) No See § 63.1285(b)(6) for reporting of malfunctions. § 63.10(e)(1) Yes. § 63.10(e)(2) Yes. § 63.10(e)(3)(i) Yes Subpart HHH requires major sources to submit Periodic Reports semi-annually. § 63.10(e)(3)(i)(A) Yes. § 63.10(e)(3)(i)(B) Yes. § 63.10(e)(3)(i)(C) No Section reserved. § 63.10(e)(3)(i)(D) Yes. § 63.10(e)(3)(ii) through (e)(3)(viii) Yes. § 63.10(f) Yes. § 63.11(a) through (e) Yes. § 63.12(a) through (c) Yes. § 63.13(a) through (c) Yes. § 63.14(a) through (q) Yes. § 63.15(a) and (b) Yes. [77 FR 49597, Aug. 16, 2012, as amended at 85 FR 73898, Nov. 19, 2020] Subpart III—National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production Source: 63 FR 53996, Oct. 7, 1998, unless otherwise noted. § 63.1290 Applicability. (a) The provisions of this subpart apply to each new and existing flexible polyurethane foam or rebond foam process that meets the criteria listed in paragraphs (a)(1) through (3) of this section. (1) Produces flexible polyurethane or rebond foam; (2) Emits a HAP, except as provided in paragraph (c)(2) of this section; and (3) Is located at a plant site that is a major source, as defined in § 63.2 of subpart A. (b) For the purpose of this subpart, an affected source includes all processes meeting the criteria in paragraphs (a)(1) through (a)(3) of this section that are located at a contiguous plant site, with the exception of those processes listed in paragraph (c) of this section. (c) A process meeting one of the following criteria listed in paragraphs (c)(1) and (2) of this section shall not be subject to the provisions of this subpart: (1) A process exclusively dedicated to the fabrication of flexible polyurethane foam; or (2) A research and development process. (d) Applicability of this subpart. (2) Equipment leak requirements of § 63.1294 shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which the equipment leak requirements apply. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions are being routed to such items of equipment if the shutdown would contravene requirements of this subpart applicable to such items of equipment. (4) General duty. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48086, Aug. 15, 2014] § 63.1291 Compliance schedule. (a) Existing affected sources shall be in compliance with all provisions of this subpart no later than October 8, 2001, with the exception of § 63.1297. Affected sources subject to the requirements of § 63.1297 shall be in compliance with the requirements of this section on or before November 13, 2014. (b) New or reconstructed affected sources shall be in compliance with all provisions of this subpart upon initial startup. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014] § 63.1292 Definitions. All terms used in this subpart shall have the meaning given them in the Act, in subpart A of this part, and in this section. If a term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart. Auxiliary blowing agent, or ABA, Breakthrough Calibrate Canned motor pump Carbon adsorption system Connector Cured foam Curing area Diaphragm pump Diisocyanate Flexible polyurethane foam Flexible polyurethane foam process Foam fabrication process Grade of foam HAP ABA HAP-based In diisocyanate service Initial startup Isocyanate Magnetic drive pump Metering pump Mixhead Molded flexible polyurethane foam Mold release agent Plant site Polyol, Rebond foam Rebond foam process Reconstructed source Research and development process Sealless pump Slabstock flexible polyurethane foam Slabstock flexible polyurethane foam production line Storage vessel Transfer pump [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014] § 63.1293 Standards for slabstock flexible polyurethane foam production. Each owner or operator of a new or existing slabstock affected source shall comply with §§ 63.1294, 63.1297, and 63.1298. [79 FR 48087, Aug. 15, 2014] § 63.1294 Standards for slabstock flexible polyurethane foam production—diisocyanate emissions. Each new and existing slabstock affected source shall comply with the provisions of this section. (a) Diisocyanate storage vessels. (1) The storage vessel shall be equipped with a vapor return line from the storage vessel to the tank truck or rail car that is connected during unloading. (i) During each unloading event, the vapor return line shall be inspected for leaks by visual, audible, or an instrumental detection method. (ii) When a leak is detected, it shall be repaired as soon as practicable, but not later than the subsequent unloading event. (2) The storage vessel shall be equipped with a carbon adsorption system, meeting the monitoring requirements of § 63.1303(a), that routes displaced vapors through activated carbon before being discharged to the atmosphere. The owner or operator shall replace the existing carbon with fresh carbon upon indication of breakthrough before the next unloading event. (b) Transfer pumps in diisocyanate service. (1) The pump shall be a sealless pump; or (2) The pump shall be a submerged pump system meeting the requirements in paragraphs (b)(2)(i) through (iii) of this section. (i) The pump shall be completely immersed in bis(2-ethylhexyl)phthalate (DEHP, CAS #118-81-7), 2(methyloctyl)phthalate (DINP, CAS #68515-48-0), or another neutral oil. (ii) The pump shall be visually monitored weekly to detect leaks, (iii) When a leak is detected, it shall be repaired in accordance with the procedures in paragraphs (b)(2)(iii)(A) and (B) of this section, except as provided in paragraph (d) of this section. (A) The leak shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected. (B) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. First attempts at repair include, but are not limited to, the following practices where practicable: ( 1 ( 2 (c) Other components in diisocyanate service. (d) Delay of repair. (2) Delay of repair for valves and connectors is also allowed if: (i) The owner or operator determines that diisocyanate emissions of purged material resulting from immediate repair are greater than the fugitive emissions likely to result from delay of repair, and (ii) The purged material is collected and destroyed or recovered in a control device when repair procedures are effected, and (iii) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected. (3) Delay of repair for pumps is also allowed if repair requires replacing the existing seal design with a sealless pump, and repair is completed as soon as practicable, but not later than 6 months after the leak was detected. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014] §§ 63.1295-63.1296 [Reserved] § 63.1297 Standards for slabstock flexible polyurethane foam production—HAP ABA. Each owner or operator of a new or existing slabstock affected source shall not use HAP or a HAP-based material as an ABA. [79 FR 48087, Aug. 15, 2014] § 63.1298 Standards for slabstock flexible polyurethane foam production—HAP emissions from equipment cleaning. Each owner or operator of a new or existing slabstock affected source shall not use HAP or a HAP-based material as an equipment cleaner. [79 FR 48087, Aug. 15, 2014] § 63.1299 [Reserved] § 63.1300 Standards for molded flexible polyurethane foam production. Each owner or operator of a new or existing molded affected source shall comply with the provisions in paragraphs (a) and (b) of this section. (a) A HAP or HAP-based material shall not be used as an equipment cleaner to flush the mixhead, nor shall it be used elsewhere as an equipment cleaner in a molded flexible polyurethane foam process, with the following exception. Diisocyanates may be used to flush the mixhead and associated piping during periods of startup or maintenance, provided that the diisocyanate compounds are contained in a closed-loop system and are re-used in production. (b) A HAP-based mold release agent shall not be used in a molded flexible polyurethane foam source process. § 63.1301 Standards for rebond foam production. Each owner or operator of a new or existing rebond foam affected source shall comply with the provisions in paragraphs (a) and (b) of this section. (a) A HAP or HAP-based material shall not be used as an equipment cleaner at a rebond foam source. (b) A HAP-based mold release agent shall not be used in a rebond foam source. § 63.1302 Applicability of subpart A requirements. The owner or operator of an affected source shall comply with the applicable requirements of subpart A of this part, as specified in Table 1 of this subpart. [79 FR 48087, Aug. 15, 2014] § 63.1303 Monitoring requirements. Owners and operators of affected sources shall comply with each applicable monitoring provision in this section. (a) Monitoring requirements for storage vessel carbon adsorption systems. (1) The concentration level of HAP or organic compounds shall be monitored during each unloading event, or once per month during an unloading event if multiple unloading events occur in a month. (2) As an alternative to monthly monitoring, the owner or operator can set the monitoring frequency at an interval no greater than 20 percent of the carbon replacement interval, which is established using a design analysis described below in paragraphs (a)(1)(i) through (iii) of this section. (i) The design analysis shall consider the vent stream composition, constituent concentration, flow rate, relative humidity, and temperature. (ii) The design analysis shall establish the outlet organic concentration level, the capacity of the carbon bed, and the working capacity of activated carbon used for the carbon bed, and (iii) The design analysis shall establish the carbon replacement interval based on the total carbon working capacity of the carbon adsorption system and the schedule for filling the storage vessel. (b) Each owner or operator using a carbon adsorption system to meet the requirements of § 63.1294(a) shall monitor the concentration level of total organic compounds in the exhaust vent stream (or outlet stream exhaust) from the carbon adsorption system using 40 CFR part 60, appendix A, Method 25A, reported as propane. The measurement shall be conducted over at least one 5-minute interval during which the storage vessel is being filled. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48087, Aug. 15, 2014] § 63.1304 [Reserved] § 63.1305 Alternative means of emission limitation. An owner or operator of an affected source may request approval to use an alternative means of emission limitation, following the procedures in this section. (a) The owner or operator can request approval to use an alternative means of emission limitation in the precompliance report for existing sources, the application for construction or reconstruction for new sources, or at any time. (b) This request shall include a complete description of the alternative means of emission limitation. (c) Each owner or operator applying for permission to use an alternative means of emission limitation under § 63.6(g) shall be responsible for collecting and verifying data to demonstrate the emission reduction achieved by the alternative means of emission limitation. (d) Use of the alternative means of emission limitation shall not begin until approval is granted by the Administrator in accordance with § 63.6(g). § 63.1306 Reporting requirements. Owners and operators of affected sources shall comply with each applicable reporting provision in this section. (a) Initial notification. (b) Application for approval of construction or reconstruction. (c) Notification of compliance status. (1) A list of diisocyanate storage vessels, along with a record of the type of control utilized for each storage vessel. (2) For transfer pumps in diisocyanate service, a record of the type of control utilized for each transfer pump. (3) A statement that the slabstock foam affected source is in compliance with §§ 63.1297 and 63.1298, or a statement that slabstock foam processes at an affected source are in compliance with §§ 63.1297 and 63.1298. (4) A statement that the molded foam affected source is in compliance with § 63.1300, or a statement that molded foam processes at an affected source are in compliance with § 63.1300. (5) A statement that the rebond foam affected source is in compliance with § 63.1301, or that rebond processes at an affected source are in compliance with § 63.1301. (d) Semiannual reports. (1) For sources complying with the storage vessel provisions of § 63.1294(a) using a carbon adsorption system, unloading events that occurred after breakthrough was detected and before the carbon was replaced. (2) Any equipment leaks that were not repaired in accordance with §§ 63.1294(b)(2)(iii) and 63.1294(c). (3) Any leaks in vapor return lines that were not repaired in accordance with § 63.1294(a)(1)(ii). (e) Annual compliance certifications. (1) The compliance certification shall be based on information consistent with that contained in § 63.1308, as applicable. (2) A compliance certification required pursuant to a state or local operating permit program may be used to satisfy the requirements of this section, provided that the compliance certification is based on information consistent with that contained in § 63.1308, and provided that the Administrator has approved the state or local operating permit program under part 70 of this chapter. (3) Each compliance certification submitted pursuant to this section shall be signed by a responsible official of the company that owns or operates the affected source. (f) Malfunction reports. (g) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you shall submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (g)(1) or (g)(2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014] § 63.1307 Recordkeeping requirements. The applicable records designated in paragraphs (a) through (c) of this section shall be maintained by owners and operators of all affected sources. (a) Storage vessel records. (2) For storage vessels complying through the use of a carbon adsorption system, paragraphs (a)(2)(i) or (ii), and paragraph (a)(2)(iii) of this section. (i) Records of dates and times when the carbon adsorption system is monitored for carbon breakthrough and the monitoring device reading, when the device is monitored in accordance with § 63.1303(a); or (ii) For affected sources monitoring at an interval no greater than 20 percent of the carbon replacement interval, in accordance with § 63.1303(a)(2), the records listed in paragraphs (a)(2)(ii)(A) and (B) of this section. (iii) Date when the existing carbon in the carbon adsorption system is replaced with fresh carbon. (3) For storage vessels complying through the use of a vapor return line, paragraphs (a)(3)(i) through (iii) of this section. (i) Dates and times when each unloading event occurs and each inspection of the vapor return line for leaks occurs. (ii) Records of dates and times when a leak is detected in the vapor return line. (iii) Records of dates and times when a leak is repaired. (b) Equipment leak records. (2) For transfer pumps in diisocyanate service, a record of the type of control utilized for each transfer pump and the date of installation. (3) When a leak is detected as specified in §§ 63.1294(b)(2)(ii) and 63.1294(c), the requirements listed in paragraphs (b)(3)(i) and (ii) of this section apply: (i) Leaking equipment shall be identified in accordance with the requirements in paragraphs (b)(3)(i)(A) and (B) of this section. (A) A readily visible identification, marked with the equipment identification number, shall be attached to the leaking equipment. (B) The identification on equipment may be removed after it has been repaired. (ii) The information in paragraphs (b)(2)(ii)(A) through (G) shall be recorded for leaking components. (A) The operator identification number and the equipment identification number. (B) The date the leak was detected and the dates of each attempt to repair the leak. (C) Repair methods applied in each attempt to repair the leak. (D) The words “repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (E) The expected date of the successful repair of the leak if a leak is not repaired within 15 calendar days. (F) The date of successful repair of the leak. (G) The date the identification is removed. (c) The owner or operator of an affected source subject to § 63.1297 shall maintain a product data sheet for each ABA used which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids). (d) The owner or operator of an affected source subject to § 63.1298 of this subpart shall maintain a product data sheet for each equipment cleaner used which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids). (e) The owner or operator of an affected source following the compliance methods in § 63.1308(b)(1) shall maintain records of each use of a vapor return line during unloading, of any leaks detected during unloading, and of repairs of leaks detected during unloading. (f) The owner or operator of an affected source subject to § 63.1300 or § 63.1301 of this subpart shall maintain a product data sheet for each compound other than diisocyanates used to flush the mixhead and associated piping during periods of startup or maintenance, which includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids), of each solvent other than diisocyanates used to flush the mixhead and associated piping during periods of startup or maintenance. (g) The owner or operator of an affected source subject to § 63.1300 or § 63.1301 of this subpart shall maintain a product data sheet for each mold release agent used that includes the HAP content, in kg of HAP/kg solids (lb HAP/lb solids), of each mold release agent. (h) Malfunction records. (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time and duration of the failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the volume of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.1290(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014] § 63.1308 Compliance demonstrations. (a) For each affected source, compliance with the requirements described in Tables 2 and 3 of this subpart shall mean compliance with the requirements contained in §§ 63.1293 through 63.1301, absent any credible evidence to the contrary. (1) The requirements described in Tables 3, 4, and 5 of this subpart; and (2) The requirement to submit a compliance certification annually as required under § 63.1306(g). (b) All slabstock affected sources. (1) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(1), each unloading event that occurs when the diisocyanate storage vessel is not equipped with a vapor return line from the storage vessel to the tank truck or rail car, each unloading event that occurs when the vapor line is not connected, each unloading event that the vapor line is not inspected for leaks as described in § 63.1294(a)(1)(i), each unloading event that occurs after a leak has been detected and not repaired, and each calendar day after a leak is detected, but not repaired as soon as practicable; (2) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(2), each unloading event that the diisocyanate storage vessel is not equipped with a carbon adsorption system, each unloading event (or each month if more than one unloading event occurs in a month) that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(a)(3) or (4), and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough; (3) For each affected source complying with § 63.1294(a) in accordance with § 63.1294(a)(2) through the alternative monitoring procedures in § 63.1303(a)(2), each unloading event that the diisocyanate storage vessel is not equipped with a carbon adsorption system, each time that the carbon adsorption system is not monitored for breakthrough in accordance with § 63.1303(b)(1) or (2) at the interval established in the design analysis, and each unloading event that occurs when the carbon is not replaced after an indication of breakthrough; (4) For each affected source complying with § 63.1294(b) in accordance with § 63.1294(b)(1), each calendar day that a transfer pump in diisocyanate service is not a sealless pump; (5) For each affected source complying with § 63.1294(b) in accordance with § 63.1294(b)(2), each calendar day that a transfer pump in diisocyanate service is not submerged as described in § 63.1294(b)(2)(i), each week that the pump is not visually monitored for leaks, each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made in accordance with § 63.1294(b)(2)(iii)(B), and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or a leak is not repaired as soon as practicable, each subsequent calendar day (with the exception of situations meeting the criteria of § 63.1294(d)); (6) For each affected source complying with § 63.1294(c), each calendar day after 5 calendar days after detection of a leak that a first attempt at repair has not been made, and the earlier of each calendar day after 15 calendar days after detection of a leak that a leak is not repaired, or if a leak is not repaired as soon as practicable, each subsequent calendar day (with the exception of situations meeting the criteria of § 63.1294(d)). (c) Slabstock affected sources. (1) For each slabstock foam affected source subject to the provisions in § 63.1297, each calendar day that a HAP ABA or HAP-based material is used as an ABA; (2) For each slabstock foam affected source subject to the provisions of § 63.1298, each calendar day that a HAP-based material is used as an equipment cleaner. (d) Molded and rebond foam affected sources. (1) For each molded foam affected source subject to the provisions in § 63.1300(a), each calendar day that a HAP-based material is used as an equipment cleaner (except for diisocyanates used to flush the mixhead and associated piping during periods of startup or maintenance, provided that the diisocyanate compounds are contained in a closed-loop system and are re-used in production); (2) For each molded foam affected source subject to the provisions of § 63.1300(b), each calendar day that a HAP-base material is used as a mold release agent; (3) For each rebond foam affected source subject to the provisions of § 63.1301(a), each calendar day that a HAP-based material is used as an equipment cleaner; and (4) For each rebond foam affected source complying with § 63.1301(b), each calendar day that a HAP-based mold release agent is used. [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48089, Aug. 15, 2014] § 63.1309 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.1290, 63.1291, 63.1293 through 63.1301, and 63.1305. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37357, June 23, 2003, as amended at 79 FR 48089, Aug. 15, 2014] Appendix to Subpart III of Part 63—Tables: Note For the convenience of the readers of subpart III, the tables below summarize the requirements in §§ 63.1290 to 63.1307. These tables are intended to assist the reader in determining the requirements applicable to affected sources and do not alter an affected source's obligation to comply with the requirements in §§ 63.1290 to 63.1307. Table 1 to Subpart III of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart III Subpart A reference Applies to Comment § 63.1 YES Except that § 63.1(c)(2) is not applicable to the extent area sources are not subject to subpart III. § 63.2 YES Definitions are modified and supplemented by § 63.1292. § 63.3 YES § 63.4 YES § 63.5 YES § 63.6(a)-(d) YES § 63.6(e)(1)(i) NO See § 63.1290(d)(4) for general duty requirement. § 63.6(e)(1)(ii) NO § 63.6(e)(1)(iii) YES § 63.6(e)(2)-(3) NO § 63.6(f)(1) NO § 63.6(f)(2)-(3) YES § 63.6(g) YES § 63.6(h) NO Subpart III does not require opacity and visible emission standards. § 63.6(i)-(j) YES § 63.7 NO Performance tests not required by subpart III. § 63.8 NO Continuous monitoring, as defined in subpart A, is not required by subpart III. § 63.9(a)-(d) YES § 63.9(e)-(g) NO § 63.9(h) NO Subpart III specifies Notification of Compliance Status requirements. § 63.9(i)-(j) YES § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) YES § 63.10(b)(1) YES § 63.10(b)(2)(i) NO § 63.10(b)(2)(ii) NO See § 63.1307(h) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and any actions taken at the discretion of the owner or operator to prevent recurrence of the failure to meet an applicable requirement. § 63.10(c) NO § 63.10(d)(1) YES § 63.10 (d) (2)-(3) NO § 63.10(d)(4) YES § 63.10(d)(5) NO See § 63.1306(f) for malfunction reporting requirements. § 63.10(e) NO § 63.10(f) YES § 63.11 YES § 63.12 YES § 63.13 YES § 63.14 YES § 63.15 YES [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48088, Aug. 15, 2014; 85 FR 73898, Nov. 19, 2020] Table 2 to Subpart III of Part 63—Compliance Requirements for Slabstock Foam Production Affected Sources Emission point Emission point compliance option Emission, work practice, and equipment standards Monitoring Recordkeeping Reporting Diisocyanate storage vessels § 63.1294(a) Vapor balance § 63.1294(a)(1) and (1)(ii) § 63.1294(a)(1)(i) § 63.1307(a)(1) and (4) § 63.1306(e)(5). Carbon adsorber § 63.1294(a)(2) § 63.1303(a)(1), (3), and (4) § 63.1307(a)(1), (3)(i), and (3)(iii) § 63.1306(e)(3). Carbon adsorber—alternative monitoring § 63.1294(a)(2) § 63.1303(a)(2), (3) and (4) § 63.1307(a)(1), (3)(ii), and (3)(iii) § 63.1306(e)(3). Diisocyanate transfer pumps § 63.1294(b) Sealless pump § 63.1294(b)(1) § 63.1307 (b)(1)(i) and (2) Submerged pump § 63.1294(b)(2)(i) and (iii) § 63.1294 (b)(2)(ii) § 63.1307 (b)(1)(i), (2), and (3) § 63.1306(e)(4). Other components in diisocyanate service § 63.1294(c) N/A § 63.1294(c) § 63.1294(c) § 63.1307 (b)(1)(i) and (3) § 63.1306(e)(4). ABAs § 63.1297 N/A § 63.1297 § 63.1307(e) Equipment Cleaning § 63.1298 N/A § 63.1298 § 63.1307(e) [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014] Table 3 to Subpart III of Part 63—Compliance Requirements for Molded and Rebond Foam Production Affected Sources Emission point Emission point compliance option Emission, work practice, and equipment standards Monitoring Recordkeeping Reporting Molded Foam Equipment cleaning N/A § 63.1300(a) § 63.1307(g) Mold release agent N/A § 63.1300(b) § 63.1307 (h) Rebond Foam Equipment cleaning N/A § 63.1301(a) § 63.1307 (g) Mold release agent N/A § 63.1301(b) § 63.1307 (h) [63 FR 53996, Oct. 7, 1998, as amended at 79 FR 48090, Aug. 15, 2014] Subpart JJJ—National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins Source: 61 FR 48229, Sept. 12, 1996, unless otherwise noted. § 63.1310 Applicability and designation of affected sources. (a) Definition of affected source. (1) An affected source is either an existing affected source or a new affected source. Existing affected source is defined in paragraph (a)(2) of this section, and new affected source is defined in paragraph (a)(3) of this section. (2) An existing affected source is defined as each group of one or more thermoplastic product process units (TPPU) and associated equipment, as listed in paragraph (a)(4) of this section that is not part of a new affected source, as defined in paragraph (a)(3) of this section, that is manufacturing the same primary product, and that is located at a plant site that is a major source. (3) A new affected source is defined by the criteria in paragraph (a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of this section. The situation described in paragraph (a)(3)(i) of this section is distinct from those situations described in paragraphs (a)(3)(ii) and (a)(3)(iii) of this section and from any situation described in paragraph (i) of this section. (i) At a site without HAP emission points before March 29, 1995 ( i.e., (ii) A group of one or more TPPU meeting the criteria in paragraph (i)(1)(i) of this section; or (iii) A reconstructed affected source meeting the criteria in paragraph (i)(2)(i) of this section. (4) Emission points and equipment. (i) Each waste management unit. (ii) Maintenance wastewater. (iii) Each heat exchange system. (iv) Each process contact cooling tower used in the manufacture of poly (ethylene terephthalate) resin (PET) that is associated with a new affected source. (v) Each process contact cooling tower used in the manufacture of PET using a continuous terephthalic acid high viscosity multiple end finisher process that is associated with an existing affected source. (vi) Components required by, or utilized as a method of compliance with, this subpart, which may include control devices and recovery devices. (5) TPPUs and associated equipment, as listed in paragraph (a)(4) of this section, that are located at plant sites that are not major sources are neither affected sources nor part of an affected source. (b) TPPUs without organic HAP. (1) Retain information, data, and analyses used to document the basis for the determination that the TPPU does not use or manufacture any organic HAP. Types of information that could document this determination include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (2) When requested by the Administrator, demonstrate that the TPPU does not use or manufacture any organic HAP. (c) Emission points not subject to the provisions of this subpart. (1) Components and equipment that do not contain organic HAP and are located within a TPPU that is part of an affected source; (2) Stormwater from segregated sewers; (3) Water from fire-fighting and deluge systems in segregated sewers; (4) Spills; (5) Water from safety showers; (6) Water from testing of deluge systems; (7) Water from testing of firefighting systems; (8) Vessels and equipment storing and/or handling material that contain no organic HAP and/or organic HAP as impurities only; and (9) Equipment that is intended to operate in organic HAP service for less than 300 hours during the calendar year. (d) Processes excluded from the affected source. (1) Research and development facilities; (2) Polymerization processes occurring in a mold; (3) Processes which manufacture binder systems containing a thermoplastic product for paints, coatings, or adhesives; (4) Finishing processes including equipment such as compounding units, spinning units, drawing units, extruding units, and other finishing steps; and (5) Solid state polymerization processes. (e) Applicability determination of nonthermoplastic equipment included within the boundaries of a TPPU. i.e., (f) Primary product determination and applicability. (1) Initial determination. (i) If a process unit only manufactures one product, then that product shall represent the primary product of the process unit. (ii) If a process unit produces more than one intended product at the same time, the primary product shall be determined in accordance with paragraph (f)(1)(ii)(A) or (B) of this section. (A) The product for which the process unit has the greatest annual design capacity on a mass basis shall represent the primary product of the process unit, or (B) If a process unit has the same maximum annual design capacity on a mass basis for two or more products, and if one of those products is a thermoplastic product, then the thermoplastic product shall represent the primary product of the process unit. (iii) If a process unit is designed and operated as a flexible operation unit, the primary product shall be determined as specified in paragraphs (f)(1)(iii)(A) or (B) of this section based on the anticipated operations for the 5 years following September 12, 1996 at existing process units, or for the first year after the process unit begins production of any product for new process units. If operations cannot be anticipated sufficiently to allow the determination of the primary product for the specified period, applicability shall be determined (in accordance with paragraph (f)(2) of this section. (A) If the flexible operation unit will manufacture one product for the greatest operating time over the specified 5 year period for existing process units, or the specified 1 year period for new process units, then that product shall represent the primary product of the flexible operation unit. (B) If the flexible operation unit will manufacture multiple products equally based on operating time, then the product with the greatest expected production on a mass basis over the specified 5 year period for existing process units, or the specified 1 year period for new process units shall represent the primary product of the flexible operation unit. (iv) If, according to paragraph (f)(1)(i), (ii), or (iii) of this section, the primary product of a process unit is a thermoplastic product, then that process unit shall be designated as a TPPU. That TPPU and associated equipment, as listed in paragraph (a)(4) of this section is either an affected source or part of an affected source comprised of other TPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. If the primary product of a process unit is determined to be a product that is not a thermoplastic product, then that process unit is not a TPPU. (2) If the primary product cannot be determined for a flexible operation unit in accordance with paragraph (f)(1)(iii) of this section, applicability shall be determined in accordance with this paragraph. (i) If the owner or operator cannot determine the primary product in accordance with paragraph (f)(1)(iii) of this section, but can determine that a thermoplastic product is not the primary product, then that flexible operation unit is not a TPPU. (ii) If the owner or operator cannot determine the primary product in accordance with paragraph (f)(1)(iii) of this section, and cannot determine that a thermoplastic product is not the primary product as specified in paragraph (f)(2)(i) of this section, applicability shall be determined in accordance with paragraph (f)(2)(ii)(A) or (f)(2)(ii)(B) of this section. (A) If the flexible operation unit is an existing process unit, the flexible operation unit shall be designated as a TPPU if a thermoplastic product was produced for 5 percent or greater of the total operating time of the flexible operating unit since March 9, 1999. That TPPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source, or part of an affected source comprised of other TPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. For a flexible operation unit that is designated as an TPPU in accordance with this paragraph, the thermoplastic product produced for the greatest amount of time since March 9, 1999 shall be designated as the primary product of the TPPU. (B) If the flexible operation unit is a new process unit, the flexible operation unit shall be designated as a TPPU if the owner or operator anticipates that a thermoplastic product will be manufactured in the flexible operation unit at any time in the first year after the date the unit begins production of any product. That TPPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source, or part of an affected source comprised of other TPPU and associated equipment, as listed in paragraph (a)(4) of this section, subject to this subpart with the same primary product at the same plant site that is a major source. For a process unit that is designated as a TPPU in accordance with this paragraph, the thermoplastic product that will be produced shall be designated as the primary product of the TPPU. If more than one thermoplastic product will be produced, the owner or operator may select which thermoplastic product is designated as the primary product. (3) Annual applicability determination for non-TPPUs that have produced a thermoplastic product. (i) For each product produced in the flexible operation unit, the owner or operator shall calculate the percentage of total operating time over which the product was produced during the preceding 5-year period. (ii) The owner or operator shall identify the primary product as the product with the highest percentage of total operating time for the preceding 5-year period. (iii) If the primary product identified in paragraph (f)(3)(ii) is a thermoplastic product, the flexible operation unit shall be designated as a TPPU. The owner or operator shall notify the Administrator no later than 45 days after determining that the flexible operation unit is a TPPU, and shall comply with the requirements of this subpart in accordance with paragraph (i)(1) of this section for the flexible operation unit. (4) Applicability determination for non-TPPUs that have not produced a thermoplastic product. (i) The owner or operator shall use the procedures in paragraph (f)(1) or (f)(2) of this section to determine if the process unit is designated as a TPPU, with the following exception: For existing process units that are determining the primary product in accordance with paragraph (f)(1)(iii) of this section, production shall be projected for the five years following the date that the owner or operator anticipates initiating the production of a thermoplastic product. (ii) If the unit is designated as a TPPU in accordance with paragraph (f)(4)(i) of this section, the owner or operator shall comply in accordance with paragraph (i)(1) of this section. (5) Compliance for flexible operation units. (i) Whenever a flexible operation unit manufactures a product in which no organic HAP is used or manufactured, the owner or operator is only required to comply with either paragraph (b)(1) or (b)(2) of this section to demonstrate compliance for activities associated with the manufacture of that product. This subpart does not require compliance with the provisions of subpart A of this part for activities associated with the manufacture of a product that meets the criteria of paragraph (b) of this section. (ii) Whenever a flexible operation unit manufactures a product that makes it subject to subpart GGG of this part, the owner or operator is not required to comply with the provisions of this subpart during the production of that product. (6) Owners or operators of TPPUs that are flexible operation units have the option of determining the group status of each emission point associated with the flexible operation unit, in accordance with either paragraph (f)(6)(i) or (f)(6)(ii) of this section, with the exception of batch process vents. For batch process vents, the owner or operator shall determine the group status in accordance with § 63.1323. (i) The owner or operator may determine the group status of each emission point based on emission point characteristics when the primary product is being manufactured. The criteria that shall be used for this group determination are the Group 1 criteria specified for the primary product. (ii) The owner or operator may determine the group status of each emission point separately for each product produced by the flexible operation unit. For each product, the group status shall be determined using the emission point characteristics when that product is being manufactured and using the Group 1 criteria specified for the primary product. (Note: Under this scenario, it is possible that the group status, and therefore the requirement to achieve emission reductions, for an emission point may change depending on the product being manufactured.) (7) Owners or operators determining the group status of emission points in flexible operation units based solely on the primary product in accordance with paragraph (f)(6)(i) of this section shall establish parameter monitoring levels, as required, in accordance with either paragraph (f)(7)(i) or (f)(7)(ii) of this section. Owners or operators determining the group status of emission points in flexible operation units based on each product in accordance with paragraph (f)(6)(ii) of this section shall establish parameter monitoring levels, as required, in accordance with paragraph (f)(7)(i) of this section. (i) Establish separate parameter monitoring levels in accordance with § 63.1334(a) for each individual product. (ii) Establish a single parameter monitoring level (for each parameter required to be monitored at each device subject to monitoring requirements) in accordance with § 63.1334(a) that would apply for all products. (8) Reporting requirements. (i) If the TPPU manufactures only one thermoplastic product, identification of that thermoplastic product. (ii) If the TPPU is designed and operated as a flexible operation unit, the information specified in paragraphs (f)(8)(ii)(A) through (f)(8)(ii)(D) of this section, as appropriate, shall be submitted. (A) If a primary product could be determined, identification of the primary product. (B) Identification of which compliance option, either paragraph (f)(6)(i) or (f)(6)(ii) of this section, has been selected by the owner or operator. (C) If the option to establish separate parameter monitoring levels for each product in paragraph (f)(7)(i) of this section is selected, the identification of each product and the corresponding parameter monitoring level. (D) If the option to establish a single parameter monitor level in paragraph (f)(7)(ii) of this section is selected, the parameter monitoring level for each parameter. (9) TPPUs terminating production of all thermoplastic products. (10) Redetermination of applicability to TPPUs that are flexible operation units. (i) For each product produced in the flexible operation unit, the owner or operator shall calculate the percentage of total operating time in which the product was produced for the preceding five-year period, or since the date that the process unit began production of any product, whichever is shorter. (ii) The owner or operator shall identify the primary product as the product with the highest percentage of total operating time for the period. (iii) If the conditions in (f)(10)(iii)(A) through (C) of this section are met, the flexible operation unit shall no longer be designated as a TPPU and shall no longer be subject to the provisions of this subpart after the date that the process unit is required to be in compliance with the provisions of the other subpart of this part to which it is subject. If the conditions in paragraphs (f)(10)(iii)(A) through (C) of this section are not met, the flexible operation unit shall continue to be considered a TPPU and subject to the requirements of this subpart. (A) The product identified in (f)(10)(ii) of this section is not a thermoplastic product; and (B) The production of the product identified in (f)(10)(ii) of this section is subject to another subpart of this part; and (C) The owner or operator submits a notification to the Administrator of the pending change in applicability. (g) Storage vessel ownership determination. (1) If a storage vessel is already subject to another subpart of 40 CFR part 63 on September 12, 1996, said storage vessel shall be assigned to the process unit subject to the other subpart. (2) If a storage vessel is dedicated to a single process unit, the storage vessel shall be assigned to that process unit. (3) If a storage vessel is shared among process units, then the storage vessel shall be assigned to that process unit located on the same plant site as the storage vessel that has the greatest input into or output from the storage vessel (i.e., said process unit has the predominant use of the storage vessel). (4) If predominant use cannot be determined for a storage vessel that is shared among process units and if only one of those process units is a TPPU subject to this subpart, the storage vessel shall be assigned to said TPPU. (5) If predominant use cannot be determined for a storage vessel that is shared among process units and if more than one of the process units are TPPUs that have different primary products and that are subject to this subpart, then the owner or operator shall assign the storage vessel to any one of the said TPPUs. (6) If the predominant use of a storage vessel varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding September 12, 1996 or based on the expected utilization for the 5 years following September 12, 1996 for existing affected sources, whichever is more representative of the expected operations for said storage vessel, and based on the expected utilization for the first 5 years after initial start-up for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status, as required by § 63.1335(e)(5)(vi). (7) Where a storage vessel is located at a major source that includes one or more process units which place material into, or receive materials from the storage vessel, but the storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart shall be determined according to the provisions in paragraphs (g)(7)(i) through (g)(7)(iv) of this section. (i) The storage vessel may only be assigned to a process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw material, as appropriate). With respect to any process unit, an intervening storage vessel means a storage vessel connected by hard-piping both to the process unit and to the storage vessel in the tank farm so that product or raw material entering or leaving the process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (ii) If there is no process unit at the major source that meets the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, this subpart does not apply to the storage vessel. (iii) If there is only one process unit at the major source that meets the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that process unit. (iv) If there are two or more process units at the major source that meet the criteria of paragraph (g)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those process units according to the provisions of paragraphs (g)(3) through (g)(6) of this section. The predominant use shall be determined among only those process units that meet the criteria of paragraph (g)(7)(i) of this section. (8) If the storage vessel begins receiving material from (or sending material to) a process unit that was not included in the initial determination, or ceases to receive material from (or send material to) a process unit, the owner or operator shall re-evaluate the applicability of this subpart to the storage vessel. (h) Recovery operations equipment ownership determination. (1) If recovery operations equipment is already subject to another subpart of 40 CFR part 63 on September 12, 1996, said recovery operations equipment shall be assigned to the process unit subject to the other subpart. (2) If recovery operations equipment is dedicated to a single process unit, the recovery operations equipment shall be assigned to that process unit. (3) If recovery operations equipment is shared among process units, then the recovery operations equipment shall be assigned to that process unit located on the same plant site as the recovery operations equipment that has the greatest input into or output from the recovery operations equipment (i.e., said process unit has the predominant use of the recovery operations equipment). (4) If predominant use cannot be determined for recovery operations equipment that is shared among process units and if one of those process units is a TPPU subject to this subpart, the recovery operations equipment shall be assigned to said TPPU. (5) If predominant use cannot be determined for recovery operations equipment that is shared among process units and if more than one of the process units are TPPUs that have different primary products and that are subject to this subpart, then the owner or operator shall assign the recovery operations equipment to any one of said TPPUs. (6) If the predominant use of recovery operations equipment varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding September 12, 1996 or based on the expected utilization for the 5 years following September 12, 1996 for existing affected sources, whichever is the more representative of the expected operations for said recovery operations equipment, and based on the first 5 years after initial start-up for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status, as required by § 63.1335(e)(5)(vii). (7) If a piece of recovery operations equipment begins receiving material from a process unit that was not included in the initial determination, or ceases to receive material from a process unit that was included in the initial determination, the owner or operator shall reevaluate the applicability of this subpart to that recovery operations equipment. (i) Changes or additions to plant sites. (1) Adding a TPPU to a plant site. (i) If a group of one or more TPPUs that produce the same primary product is added to a plant site, the added group of one or more TPPUs and associated equipment, as listed in paragraph (a)(4) of this section, shall be a new affected source and shall comply with the requirements for a new affected source in this subpart upon initial start-up or by June 19, 2000, whichever is later, except that new affected sources whose primary product, as determined using the procedures specified in paragraph (f) of this section, is poly(ethylene terephthalate) (PET) shall be in compliance with § 63.1331 upon initial start-up or February 27, 2001, whichever is later, if the added group of one or more TPPUs meets the criteria in either paragraph (i)(1)(i)(A) or (i)(1)(i)(B) of this section, and the criteria in either paragraph (i)(1)(i)(C) or (i)(1)(i)(D) of this section are met. (A) The construction of the group of one or more TPPUs commenced after March 29, 1995. (B) The construction or reconstruction, for process units that have become TPPUs, commenced after March 29, 1995. (C) The group of one or more TPPUs and associated equipment, as listed in paragraph (a)(4) of this section, has the potential to emit 10 tons per year or more of any HAP or 25 tons per year or more of any combination of HAP, and the primary product of the group of one or more TPPUs is currently produced at the plant site as the primary product of an affected source; or (D) The primary product of the group of one or more TPPUs is not currently produced at the plant site as the primary product of an affected source and the plant site meets, or after the addition of the group of one or more TPPUs and associated equipment, as listed in paragraph (a)(4) of this section, will meet the definition of a major source. (ii) If a group of one or more TPPUs that produce the same primary product is added to a plant site, and the group of one or more TPPUs does not meet the criteria specified in paragraph (i)(1)(i) of this section, and the plant site meets, or after the addition will meet, the definition of a major source, the group of one or more TPPUs and associated equipment, as listed in paragraph (a)(4) of this section, shall comply with the requirements for an existing affected source in this subpart upon initial start-up; by June 19, 2001; or by 6 months after notifying the Administrator that a process unit has been designated as a TPPU (in accordance with paragraph (f)(3)(iii) of this section), whichever is later. (2) Adding emission points or making process changes to existing affected sources. (i) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section are met, the entire affected source shall be a new affected source and shall comply with the requirements for a new affected source upon initial start-up or by June 19, 2000, whichever is later, as provided in § 63.6(b), except that new affected sources whose primary product is poly(ethylene terephthalate) (PET) shall be in compliance with § 63.1331 upon initial start-up or by February 27, 2001, whichever is later. (A) The replacement of components meets the definition of reconstruction in § 63.1312(b); and (B) Such reconstruction commenced after March 29, 1995. (ii) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (i)(2)(i)(A) through (i)(2)(i)(B) of this section are not met, and that replacement of components creates one or more Group 1 emission points (i.e., either newly created Group 1 emission points or emission points that change group status from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, equipment leak components subject to § 63.1331, continuous process vents subject to §§ 63.1316 through 63.1320, and heat exchange systems subject to § 63.1328), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission points shall be in compliance by 120 days after the date of initial start-up or by the appropriate compliance date specified in § 63.1311 (i.e., February 27, 1998 for most equipment leak components subject to § 63.1331, and June 19, 2001 for most emission points other than equipment leaks), whichever is later. (iii) If an addition or process change (not including a process change that solely replaces components) is made to an existing affected source that creates one or more Group 1 emission points (i.e., either newly created Group 1 emission points or emission points that change group status from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, equipment leak components subject to § 63.1331, continuous process vents subject to §§ 63.1316 through 63.1320, and heat exchange systems subject to § 63.1328), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance by 120 days after the date of initial start-up or by the appropriate compliance date specified in § 63.1311 (i.e., February 27, 1998 for most equipment leak components subject to § 63.1331, and June 19, 2001 for most emission points other than equipment leaks), whichever is later. (iv) If any process change (not including a process change that solely replaces components) is made to an existing affected source that results in baseline emissions (i.e., emissions prior to applying controls for purposes of complying with this subpart) from continuous process vents in the collection of material recovery sections within the affected source at an existing affected source producing PET using a continuous dimethyl terephthalate process changing from less than or equal to 0.12 kg organic HAP per Mg of product to greater than 0.12 kg organic HAP per Mg of product, the continuous process vents shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance by 120 days after the date of initial start-up or by June 19, 2001, whichever is later. (3) Existing affected source requirements for surge control vessels and bottoms receivers that become subject to subpart H requirements. (4) Existing affected source requirements for compressors that become subject to the requirements of subpart H of this part. (5) Determining what are and are not process changes. (6) Reporting requirements for owners or operators that change or add to their plant site or affected source. (j) Applicability of this subpart. (2) The emission limitations set forth in subpart H of this part, as referred to in § 63.1331, shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized, resulting in cessation of the emissions to which § 63.1331 applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment, if the shutdown would contravene requirements of this subpart applicable to such items of equipment. (4) General duty. (k) Affirmative defense for violation of emission standards during malfunction. (1) Assertion of affirmative defense. (i) The violation: (A) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner; and (B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (D) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (ii) Repairs were made as expeditiously as possible when a violation occurred; and (iii) The frequency, amount, and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (iv) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (v) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment, and human health; and (vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (vii) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (viii) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and (ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction. (2) Report. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38094, June 19, 2000; 66 FR 36937, July 16, 2001; 71 FR 20460, Apr. 20, 2006; 79 FR 17363, Mar. 27, 2014] § 63.1311 Compliance dates and relationship of this subpart to existing applicable rules. (a) Affected sources are required to achieve compliance on or before the dates specified in paragraphs (b) through (d) of this section. Paragraph (e) of this section provides information on requesting compliance extensions. Paragraphs (f) through (n) of this section discuss the relationship of this subpart to subpart A of this part and to other applicable rules. Where an override of another authority of the Act is indicated in this subpart, only compliance with the provisions of this subpart is required. Paragraph (o) of this section specifies the meaning of time periods. (b) New affected sources that commence construction or reconstruction after March 29, 1995 shall be in compliance with this subpart (except § 63.1331(a)(9)(iii)) upon initial start-up or by June 19, 2000, whichever is later, except that new affected sources whose primary product, as determined using the procedures specified in § 63.1310(f), is PET shall be in compliance with § 63.1331 (except § 63.1331(a)(9)(iii)) upon initial start-up or August 6, 2002, whichever is later. New affected sources that commenced construction or reconstruction after March 25, 1995, but on or before January 9, 2012, shall be in compliance with the pressure relief device monitoring requirements of § 63.1331(a)(9)(iii) no later than March 27, 2017. New affected sources that commenced construction or reconstruction after January 9, 2012, shall be in compliance with the pressure relief device monitoring requirements of § 63.1331(a)(9)(iii) upon initial startup or by March 27, 2014, whichever is later. (c) Existing affected sources shall be in compliance with this subpart (except for § 63.1331 for which compliance is covered by paragraph (d) of this section) no later than June 19, 2001, as provided in § 63.6(c), unless an extension has been granted as specified in paragraph (e) of this section, except that the compliance date for the provisions contained in § 63.1329 is extended to March 27, 2014, for existing affected sources whose primary product, as determined using the procedures specified in § 63.1310(f), is PET using a continuous terephthalic acid high viscosity multiple end finisher process. (d) Except as provided for in paragraphs (d)(1) through (7) of this section, existing affected sources shall be in compliance with § 63.1331 no later than June 19, 2001, unless an extension has been granted pursuant to paragraph (e) of this section. (1) Compliance with the compressor provisions of § 63.164 shall occur no later than February 27, 1998, for any compressor meeting one or more of the criteria in paragraphs (d)(1)(i) through (d)(1)(iv) of this section, if the work can be accomplished without a process unit shutdown: (i) The seal system will be replaced; (ii) A barrier fluid system will be installed; (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system; or (iv) The compressor will be modified to permit connecting the compressor to a fuel gas system or a closed vent system or modified so that emissions from the compressor can be routed to a process. (2) Compliance with the compressor provisions of § 63.164 shall occur no later than March 12, 1998 for any compressor meeting all the criteria in paragraphs (d)(2)(i) through (d)(2)(iv) of this section: (i) The compressor meets one or more of the criteria specified in paragraphs (d)(1)(i) through (d)(1)(iv) of this section; (ii) The work can be accomplished without a process unit shutdown ; (iii) The additional time is actually necessary due to the unavailability of parts beyond the control of the owner or operator; and (iv) The owner or operator submits the request for a compliance extension to the appropriate Environmental Protection Agency (EPA) Regional Office at the address listed in § 63.13 no later than June 16, 1997. The request for a compliance extension shall contain the information specified in § 63.6(i)(6)(i)(A), (B), and (D). Unless the EPA Regional Office objects to the request for a compliance extension within 30 days after receipt of the request, the request shall be deemed approved. (3) If compliance with the compressor provisions of § 63.164 cannot reasonably be achieved without a process unit shutdown, the owner or operator shall achieve compliance no later than September 12, 1998. The owner or operator who elects to use this provision shall submit a request for a compliance extension in accordance with the requirements of paragraph (d)(2)(iv) of this section. (4) Compliance with the compressor provisions of § 63.164 shall occur not later than September 12, 1999 for any compressor meeting one or more of the criteria in paragraphs (d)(4)(i) through (d)(4)(iii) of this section. The owner or operator who elects to use these provisions shall submit a request for an extension of compliance in accordance with the requirements of paragraph (d)(2)(iv) of this section. (i) Compliance cannot be achieved without replacing the compressor; (ii) Compliance cannot be achieved without recasting the distance piece; or (iii) Design modifications are required to connect to a closed-vent or recovery system. (5) Compliance with the provisions of § 63.170 shall occur no later than June 19, 2001. (6) Notwithstanding paragraphs (d)(1) through (5) of this section, existing affected sources whose primary product, as determined using the procedures specified in § 63.1310(f), is PET shall be in compliance with § 63.1331 (except § 63.1331(a)(9)(iii)) no later than August 6, 2002. (7) Compliance with the pressure relief device monitoring provisions of § 63.1331(a)(9)(iii) shall occur no later than March 27, 2017. (e) Pursuant to Section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing affected source up to 1 additional year to comply with Section 112(d) standards. For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application or to the Administrator as a separate submittal or as part of the Precompliance Report. Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in paragraphs (b) through (d) of this section, or as specified elsewhere in this subpart, except as provided in paragraph (e)(3) of this section. The dates specified in § 63.6(i) for submittal of requests for extensions shall not apply to this subpart. (1) A request for an extension of compliance shall include the data described in § 63.6(i)(6)(i) (A),(B), and (D). (2) The requirements in § 63.6(i)(8) through § 63.6(i)(14) shall govern the review and approval of requests for extensions of compliance with this subpart. (3) An owner or operator may submit a compliance extension request after the date specified in paragraph (e) of this section, provided that the need for the compliance extension arose after that date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information specified in paragraph (e)(1) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the circumstances necessitating a request for compliance extension under this paragraph (e)(3). (f) Table 1 of this subpart specifies the provisions of subpart A of this part that apply and those that do not apply to owners and operators of affected sources subject to this subpart. (g)(1) After the compliance dates specified in this section, an affected source subject to this subpart that is also subject to the provisions of subpart I of this part, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said affected source shall no longer be subject to subpart I of this part. (2) Said affected sources that elected to comply with subpart I of this part through a quality improvement program, as specified in § 63.175 or § 63.176 or both, may elect to continue these programs without interruption as a means of complying with this subpart. In other words, becoming subject to this subpart does not restart or reset the “compliance clock” as it relates to reduced burden earned through a quality improvement program. (h) After the compliance dates specified in this section, a storage vessel that is assigned to an affected source subject to this subpart and that is also subject to the provisions of 40 CFR part 60, subpart Kb, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said storage vessel shall no longer be subject to 40 CFR part 60, subpart Kb. (i)(1) Except as provided in paragraphs (i)(2) and (i)(3) of this section, after the compliance dates specified in this section, affected sources producing PET using a continuous terephthalic acid process, producing PET using a continuous dimethyl terephthalate process, or producing polystyrene resin using a continuous process subject to this subpart that are also subject to the provisions of 40 CFR part 60, subpart DDD, are required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said sources shall no longer be subject to 40 CFR part 60, subpart DDD. (2) Existing affected sources producing PET using a continuous terephthalic acid high viscosity multiple end finisher process shall continue to be subject to 40 CFR 60.562-1(c)(2)(ii)(C). Once said affected source becomes subject to and achieves compliance with § 63.1329(c) of this subpart, said affected source is no longer subject to the provisions of 40 CFR part 60, subpart DDD. (3) Existing affected sources producing PET using a continuous terephthalic acid process, but not using a continuous terephthalic acid high viscosity multiple end finisher process, that are subject to and complying with 40 CFR 60.562-1(c)(2)(ii)(B) shall continue to comply with said section. Existing affected sources producing PET using a continuous dimethyl terephthalic process that are subject to and complying with 40 CFR 60.562-1(c)(1)(ii)(B) shall continue to comply with said section. (j) Owners or operators of affected sources subject to this subpart that are also subject to the provisions of subpart Q of this part shall comply with both subparts. (k) After the compliance dates specified in this section, an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart VV, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said source shall no longer be subject to 40 CFR part 60, subpart VV. (l) After the compliance dates specified in this section, a distillation operation that is assigned to an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart NNN, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, the distillation operation shall no longer be subject to 40 CFR part 60, subpart NNN. (m) Applicability of other regulations for monitoring, recordkeeping or reporting with respect to combustion devices, recovery devices, or recapture devices. (n) Applicability of other requirements for heat exchange systems or waste management units. (1) After the applicable compliance date specified in this subpart, if a heat exchange system subject to this subpart is also subject to a standard identified in paragraphs (n)(1)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraphs (n)(1)(i) or (ii) of this section shall constitute compliance with the applicable provisions of this subpart with respect to that heat exchange system. (i) Subpart F of this part. (ii) A subpart of this part which requires compliance with § 63.104 (e.g., subpart U of this part). (2) After the applicable compliance date specified in this subpart, if any waste management unit subject to this subpart is also subject to a standard identified in paragraph (n)(2)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraph (n)(2)(i) or (ii) of this section shall constitute compliance with the applicable provisions of this subpart with respect to that waste management unit. (i) Subpart G of this part. (ii) A subpart of this part which requires compliance with §§ 63.132 through 63.147. (o) All terms in this subpart that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), unless specified otherwise in the section or paragraph that imposes the requirement, refer to the standard calendar periods. (1) Notwithstanding time periods specified in this subpart for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraphs (o)(2)(i) or (o)(2)(ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided that the task is conducted at a reasonable interval after completion of the task during the previous period. [61 FR 48229, Sept. 12, 1996, as amended at 62 FR 1838, Jan. 14, 1997; 62 FR 30995, June 6, 1997; 63 FR 9945, Feb. 27, 1998; 63 FR 15315, Mar. 31, 1998; 64 FR 11547, Mar. 9, 1999; 64 FR 30409, June 8, 1999; 64 FR 35028, June 30, 1999; 65 FR 38100, June 19, 2000; 66 FR 11236, Feb. 23, 2001; 66 FR 11546, Feb. 26, 2001; 66 FR 36937, July 16, 2001; 66 FR 40907, Aug. 6, 2001; 79 FR 17364, Mar. 27, 2014] § 63.1312 Definitions. (a) The following terms used in this subpart shall have the meaning given them in § 63.2, § 63.101, § 63.111, § 63.161, or the Act, as specified after each term: Act (§ 63.2) Administrator (§ 63.2) Automated monitoring and recording system (§ 63.111) Boiler (§ 63.111) Bottoms receiver (§ 63.161) By compound (§ 63.111) By-product (§ 63.101) Car-seal (§ 63.111) Closed-vent system (§ 63.111) Combustion device (§ 63.111) Commenced (§ 63.2) Compliance date (§ 63.2) Connector (§ 63.161) Continuous monitoring system (§ 63.2) Distillation unit (§ 63.111) Duct work (§ 63.161) Emission limitation (Section 302(k) of the Act) Emission standard (§ 63.2) Emissions averaging (§ 63.2) EPA (§ 63.2) Equipment leak (§ 63.101) External floating roof (§ 63.111) Fill or filling (§ 63.111) First attempt at repair (§ 63.161) Fixed capital cost (§ 63.2) Flame zone (§ 63.111) Floating roof (§ 63.111) Flow indicator (§ 63.111) Fuel gas system (§ 63.101) Halogens and hydrogen halides (§ 63.111) Hard-piping (§ 63.111) Hazardous air pollutant (§ 63.2) Impurity (§ 63.101) In organic hazardous air pollutant service or in organic HAP service (§ 63.161) Incinerator (§ 63.111) Instrumentation system (§ 63.161) Internal floating roof (§ 63.111) Lesser quantity (§ 63.2) Major source (§ 63.2) Malfunction (§ 63.2) Oil-water separator or organic-water separator (§ 63.111) Open-ended valve or line (§ 63.161) Operating permit (§ 63.101) Organic monitoring device (§ 63.111) Owner or operator (§ 63.2) Performance evaluation (§ 63.2) Performance test (§ 63.2) Permitting authority (§ 63.2) Plant site (§ 63.101) Potential to emit (§ 63.2) Pressure release (§ 63.161) Pressure relief device or valve (§ 63.161) Primary fuel (§ 63.111) Process heater (§ 63.111) Process unit shutdown (§ 63.161) Process wastewater (§ 63.101) Process wastewater stream (§ 63.111) Reactor (§ 63.111) Recapture device (§ 63.101) Repaired (§ 63.161) Research and development facility (§ 63.101) Routed to a process or route to a process (§ 63.161) Run (§ 63.2) Secondary fuel (§ 63.111) Sensor (§ 63.161) Specific gravity monitoring device (§ 63.111) State (§ 63.2) Stationary Source (§ 63.2) Surge control vessel (§ 63.161) Temperature monitoring device (§ 63.111) Test method (§ 63.2) Treatment process (§ 63.111) Unit operation (§ 63.101) Visible emission (§ 63.2) (b) All other terms used in this subpart shall have the meaning given them in this section. If a term is defined in § 63.2, § 63.101, § 63.111, or § 63.161 and in this section, it shall have the meaning given in this section for purposes of this subpart. Acrylonitrile butadiene styrene latex resin (ABS latex) Acrylonitrile butadiene styrene resin (ABS) Acrylonitrile styrene acrylate resin (ASA) Affected source Affirmative defense Aggregate batch vent stream Alpha methyl styrene acrylonitrile resin (AMSAN) Annual average batch vent concentration Annual average batch vent flow rate Annual average concentration, Annual average flow rate, Average batch vent concentration Average batch vent flow rate Batch cycle Batch emission episode Batch mass input limitation Batch mode Batch process Batch process vent Batch unit operation Combined vent stream, Combustion device burner Compounding unit Construction Continuous mode Continuous process Continuous process vent Continuous record Continuous recorder Continuous unit operation Control device Drawing unit Emission point Emulsion process Equipment Existing affected source Existing process unit Expandable polystyrene resin (EPS) Extruding unit Flexible operation unit Group 1 batch process vent Group 2 batch process vent Group 1 continuous process vent Group 2 continuous process vent Group 1 storage vessel Group 2 storage vessel Group 1 wastewater stream Group 2 wastewater stream Halogenated aggregate batch vent stream Halogenated batch process vent Halogenated continuous process vent Heat exchange system Highest-HAP recipe Initial start-up Maintenance wastewater Mass process Material recovery section Maximum true vapor pressure Methyl methacrylate acrylonitrile butadiene styrene resin (MABS) Methyl methacrylate butadiene styrene resin (MBS) Multicomponent system New process unit Nitrile resin On-site On site Operating day Organic hazardous air pollutant(s) (organic HAP) (1) Knowingly produced or introduced into the manufacturing process other than as an impurity; and (2) Listed in Table 2 of subpart F of this part. PET using a dimethyl terephthalate process PET using a terephthalic acid process Poly(ethylene terephthalate) resin (PET) Polymerization reaction section Polystyrene resin Primary product Process contact cooling tower system Process section Process unit Process vent Product Raw materials preparation section Recipe Reconstruction (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and (2) It is technologically and economically feasible for the reconstructed source to meet the provisions of this subpart. Recovery device (1) An individual unit of equipment capable of and normally used for the purpose of recovering chemicals for: (i) Use; (ii) Reuse; (iii) Fuel value (i.e., net heating value); or (iv) For sale for use, reuse, or fuel value (i.e., net heating value). (2) Examples of equipment that may be recovery devices include absorbers, carbon adsorbers, condensers, oil-water separators or organic-water separators, or organic removal devices such as decanters, strippers, or thin-film evaporation units. For the purposes of the monitoring, recordkeeping, or reporting requirements of this subpart, recapture devices are considered recovery devices. Recovery operations equipment Residual Shutdown Solid state polymerization process Start-up Steady-state conditions Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels with capacities smaller than 38 cubic meters; (4) Vessels and equipment storing and/or handling material that contains no organic HAP and/or organic HAP as impurities only; (5) Wastewater storage tanks; and (6) Surge control vessels and bottoms receivers. Styrene acrylonitrile resin (SAN) Supplemental combustion air Suspension process Thermoplastic product (1) ABS latex; (2) ABS using a batch emulsion process; (3) ABS using a batch suspension process; (4) ABS using a continuous emulsion process; (5) ABS using a continuous mass process; (6) ASA/AMSAN; (7) EPS; (8) MABS; (9) MBS; (10) nitrile resin; (11) PET using a batch dimethyl terephthalate process; (12) PET using a batch terephthalic acid process; (13) PET using a continuous dimethyl terephthalate process; (14) PET using a continuous terephthalic acid process; (15) PET using a continuous terephthalic acid high viscosity multiple end finisher process; (16) Polystyrene resin using a batch process; (17) Polystyrene resin using a continuous process; (18) SAN using a batch process; or (19) SAN using a continuous process. Thermoplastic product process unit (TPPU) Total organic compounds (TOC) Total resource effectiveness index value or TRE index value Vent stream, Waste management unit Wastewater (1) Contains either: (i) An annual average concentration of organic HAP listed on Table 6 of this subpart, except for ethylene glycol, of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater; or (ii) An annual average concentration of organic HAP listed on Table 6 of this subpart, except for ethylene glycol, of at least 10,000 parts per million by weight at any flow rate; and (2) Is discarded from a TPPU that is part of an affected source. Wastewater is process wastewater or maintenance wastewater. Wastewater stream [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 FR 38102, June 19, 2000; 66 FR 36937, July 16, 2001; 79 FR 17364, Mar. 27, 2014] § 63.1313 Emission standards. (a) Except as allowed under paragraphs (b) through (d) of this section, the owner or operator of an existing or new affected source shall comply with the provisions in: (1) Section 63.1314 for storage vessels; (2) Section 63.1315, or §§ 63.1316 through 63.1320, as appropriate, for continuous process vents; (3) Section 63.1321 for batch process vents; (4) Section 63.1328 for heat exchange systems; (5) Section 63.1329 for process contact cooling towers; (6) Section 63.1330 for wastewater; (7) Section 63.1331 for equipment leaks; (8) Section 63.1333 for additional test methods and procedures; (9) Section 63.1334 for parameter monitoring levels and excursions; and (10) Section 63.1335 for general recordkeeping and reporting requirements. (b) When emissions of different kinds (i.e., emissions from continuous process vents subject to either § 63.1315 or §§ 63.1316 through 63.1320, batch process vents, aggregate batch vent streams, storage vessels, process wastewater, and/or in-process equipment subject to § 63.149) are combined, and at least one of the emission streams would be classified as Group 1 in the absence of combination with other emission streams, the owner or operator shall comply with the requirements of either paragraph (b)(1) or (b)(2) of this section, as appropriate. For purposes of this paragraph (b), combined emission streams containing one or more batch process vents and containing one or more continuous process vents subject to § 63.1315, § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or § 63.1316(c)(1), excluding § 63.1316(c)(1)(ii), may comply with either paragraph (b)(1) or (b)(2) of this section, as appropriate. For purposes of this paragraph (b), the owner or operator of an affected source with combined emission streams containing one or more batch process vents but not containing one or more continuous process vents subject to § 63.1315, § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or § 63.1316(c)(1), excluding § 63.1316(c)(1)(ii), shall comply with paragraph (b)(3) of this section. (1) Comply with the applicable requirements of this subpart for each kind of emission in the stream as specified in paragraphs (a)(1) through (a)(7) of this section. (2) Comply with the first set of requirements, identified in paragraphs (b)(2)(i) through (b)(2)(vi) of this section, which applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as Group 1 in the absence of combination with other emission streams, or the owner or operator chooses to consider that emission stream to be Group 1 for purposes of this paragraph. Compliance with the first applicable set of requirements identified in paragraphs (b)(2)(i) through (b)(2)(vi) of this section constitutes compliance with all other requirements in paragraphs (b)(2)(i) through (b)(2)(vi) of this section applicable to other types of emissions in the combined stream. (i) The requirements of this subpart for Group 1 continuous process vents subject to § 63.1315, including applicable monitoring, recordkeeping, and reporting; (ii) The requirements of § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or § 63.1316(c)(1), excluding § 63.1316(c)(1)(ii), as appropriate, for control of emissions from continuous process vents subject to the control requirements of § 63.1316, including applicable monitoring, recordkeeping, and reporting requirements; (iii) The requirements of § 63.119(e), as specified in § 63.1314, for control of emissions from Group 1 storage vessels, including applicable monitoring, recordkeeping, and reporting; (iv) The requirements of § 63.139, as specified in § 63.1330, for control devices used to control emissions from waste management units, including applicable monitoring, recordkeeping, and reporting; (v) The requirements of § 63.139, as specified in § 63.1330, for closed vent systems for control of emissions from in-process equipment subject to § 63.149, as specified in § 63.1330, including applicable monitoring, recordkeeping, and reporting; or (vi) The requirements of this subpart for aggregate batch vent streams subject to § 63.1321(c), including applicable monitoring, recordkeeping, and reporting. (3) The owner or operator of an affected source with combined emission streams containing one or more batch process vents but not containing one or more continuous process vents subject to § 63.1315, § 63.1316(b)(1)(i)(A), § 63.1316(b)(1)(ii), § 63.1316(b)(2)(i), § 63.1316(b)(2)(ii), or § 63.1316(c)(1), excluding § 63.1316(c)(1)(ii), shall comply with paragraph (b)(3)(i) and (b)(3)(ii) of this section. (i) The owner or operator of the affected source shall comply with § 63.1321 for the batch process vent(s). (ii) The owner or operator of the affected source shall comply with either paragraph (b)(1) or (b)(2) of this section, as appropriate, for the remaining emission streams. (c) Instead of complying with §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330, the owner or operator of an existing affected source may elect to control any or all of the storage vessels, batch process vents, aggregate batch vent streams, continuous process vents, and wastewater streams and associated waste management units within the affected source to different levels using an emissions averaging compliance approach that uses the procedures specified in § 63.1332. The restrictions concerning which emission points may be included in an emissions average, including how many emission points may be included, are specified in § 63.1332(a)(1). An owner or operator electing to use emissions averaging shall still comply with the provisions of §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330 for affected source emission points not included in the emissions average. (d) A State may decide not to allow the use of the emissions averaging compliance approach specified in paragraph (c) of this section. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38106, June 19, 2000] § 63.1314 Storage vessel provisions. (a) This section applies to each storage vessel that is assigned to an affected source, as determined by § 63.1310(g). Except as provided in paragraphs (b) through (d) of this section, the owner or operator of an affected source shall comply with the requirements of §§ 63.119 through 63.123 and 63.148 for those storage vessels, with the differences noted in paragraphs (a)(1) through (a)(17) of this section for the purposes of this subpart. (1) When the term “storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (2) When the term “Group 1 storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (3) When the term “Group 2 storage vessel” is used in §§ 63.119 through 63.123, the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (4) When the emissions averaging provisions of § 63.150 are referred to in §§ 63.119 and 63.123, the emissions averaging provisions contained in § 63.1332 shall apply for the purposes of this subpart. (5) When December 31, 1992, is referred to in § 63.119, March 29, 1995 shall apply instead, for the purposes of this subpart. (6) When April 22, 1994, is referred to in § 63.119, June 19, 2000 shall apply instead, for the purposes of this subpart. (7) Each owner or operator of an affected source shall comply with this paragraph (a)(7) instead of § 63.120(d)(1)(ii) for the purposes of this subpart. If the control device used to comply with § 63.119(e) is also used to comply with any of the requirements found in § 63.1315, § 63.1316, § 63.1322, or § 63.1330, the performance test required in or accepted by the applicable requirements of §§ 63.1315, 63.1316, 63.1322, and 63.1330 is acceptable for demonstrating compliance with § 63.119(e) for the purposes of this subpart. The owner or operator is not required to prepare a design evaluation for the control device as described in § 63.120(d)(1)(i), if the performance test meets the criteria specified in paragraphs (a)(7)(i) and (a)(7)(ii) of this section. (i) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 63.119(e)(1) or § 63.119(e)(2), as applicable; and (ii) The performance test is submitted as part of the Notification of Compliance Status required by § 63.1335(e)(5). (8) When the term “range” is used in §§ 63.120(d)(3), 63.120(d)(5), and 63.122(g)(2), the term “level” shall apply instead, for the purposes of this subpart. (9) For purposes of this subpart, the monitoring plan required by § 63.120(d)(2) shall specify for which control devices the owner or operator has selected to follow the procedures for continuous monitoring specified in § 63.1334. For those control devices for which the owner or operator has selected to not follow the procedures for continuous monitoring specified in § 63.1334, the monitoring plan shall include a description of the parameter or parameters to be monitored to ensure that the control device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised), as specified in § 63.120(d)(2)(i). (10) For purposes of this subpart, the monitoring plan required by § 63.122(b) shall be included in the Notification of Compliance Status required by § 63.1335(e)(5). (11) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.120, 63.122, and 63.123, the Notification of Compliance Status requirements contained in § 63.1335(e)(5) shall apply for the purposes of this subpart. (12) When the Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.120 and 63.122, the Periodic Report requirements contained in § 63.1335(e)(6) shall apply for the purposes of this subpart. (13) When other reports as required in § 63.152(d) are referred to in § 63.122, the reporting requirements contained in § 63.1335(e)(7) shall apply for the purposes of this subpart. (14) When the Initial Notification requirements contained in § 63.151(b) are referred to in § 63.122, the owner or operator of an affected source subject to this subpart need not comply for the purposes of this subpart. (15) When the determination of equivalence criteria in § 63.102(b) is referred to in § 63.121(a), the provisions in § 63.6(g) shall apply for the purposes of this subpart. (16) When § 63.119(a) requires compliance according to the schedule provisions in § 63.100, owners and operators of affected sources shall instead comply with the requirements in §§ 63.119(a)(1) through 63.119(a)(4) by the compliance date for storage vessels, which is specified in § 63.1311. (17) In § 63.120(e)(1), instead of the reference to § 63.11(b), the requirements of § 63.1333(e) shall apply. (b) Owners or operators of Group 1 storage vessels that are assigned to a new affected source producing SAN using a continuous process shall control emissions to the levels indicated in paragraphs (b)(1) and (b)(2) of this section. (1) For storage vessels with capacities greater than or equal to 2,271 cubic meters (m 3 (2) For storage vessels with capacities less than 151 m 3 (3) For all other storage vessels designated as Group 1 storage vessels, emissions shall be controlled to the level designated in § 63.119. (c) Owners or operators of Group 1 storage vessels that are assigned to a new or existing affected source producing ASA/AMSAN shall control emissions by at least 98 percent relative to uncontrolled emissions. (d) The provisions of this subpart do not apply to storage vessels containing ethylene glycol at existing or new affected sources and storage vessels containing styrene at existing affected sources. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 FR 38107, June 19, 2000] § 63.1315 Continuous process vents provisions. (a) For each continuous process vent located at an affected source, the owner or operator shall comply with the requirements of §§ 63.113 through 63.118, with the differences noted in paragraphs (a)(1) through (19) of this section for the purposes of this subpart, except as provided in paragraphs (b) through (e) of this section. (1) When the term “process vent” is used in §§ 63.113 through 63.118, the term “continuous process vent,” and the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (2) When the term “Group 1 process vent” is used in §§ 63.113 through 63.118, the term “Group 1 continuous process vent,” and the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (3) When the term “Group 2 process vent” is used in §§ 63.113 through 63.118, the term “Group 2 continuous process vent,” and the definition of this term in § 63.1312 shall apply for the purposes of this subpart. (4) When December 31, 1992 is referred to in § 63.113, apply the date March 29, 1995, for the purposes of this subpart. (5) When § 63.151(f), alternative monitoring parameters, and § 63.152(e), submission of an operating permit, are referred to in §§ 63.114(c) and 63.117(e), § 63.1335(f), alternative monitoring parameters, and § 63.1335(e)(8), submission of an operating permit, respectively, shall apply for the purposes of this subpart. (6) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.114, 63.117, and 63.118, the Notification of Compliance Status requirements contained in § 63.1335(e)(5) shall apply for the purposes of this subpart. (7) When the Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.117 and 63.118, the Periodic Report requirements contained in § 63.1335(e)(6) shall apply for the purposes of this subpart. (8) When the definition of excursion in § 63.152(c)(2)(ii)(A) is referred to in § 63.118(f)(2), the definition of excursion in § 63.1334(f) of this subpart shall apply for the purposes of this subpart. (9) When § 63.114(e) or § 63.117(f) specifies that an owner or operator shall submit the information required in § 63.152(b) in order to establish the parameter monitoring range, the owner or operator of an affected source shall comply with the provisions of § 63.1335(e)(5) for purposes of reporting information related to establishment of the parameter monitoring level for purposes of this subpart. Further, the term “level” shall apply when the term “range” is used in §§ 63.114, 63.117, and 63.118. (10) When reports of process changes are required under § 63.118(g), (h), (i), or (j), paragraphs (a)(10)(i) through (a)(10)(iv) of this section shall apply for the purposes of this subpart. In addition, for the purposes of this subpart, paragraph (a)(10)(v) of this section applies, and § 63.118(k) does not apply to owners or operators of affected sources. (i) For the purposes of this subpart, whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous process vent to become a Group 1 continuous process vent, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator of the affected source shall comply with the Group 1 provisions in §§ 63.113 through 63.118 in accordance with § 63.1310(i)(2)(ii) or (i)(2)(iii), as applicable. (ii) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous process vent with a TRE greater than 4.0 to become a Group 2 continuous process vent with a TRE less than 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.1311. (iii) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous process vent with a flow rate less than 0.005 standard cubic meter per minute to become a Group 2 continuous process vent with a flow rate of 0.005 standard cubic meter per minute or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.1311. (iv) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 continuous process vent with an organic HAP concentration less than 50 parts per million by volume to become a Group 2 continuous process vent with an organic HAP concentration of 50 parts per million by volume or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. A description of the process change shall be submitted with the report of the process change, and the owner or operator shall comply with the provisions in § 63.113(d) by the dates specified in § 63.1311. (v) The owner or operator is not required to submit a report of a process change if one of the conditions listed in paragraphs (a)(10)(v)(A), (a)(10)(v)(B), (a)(10)(v)(C), or (a)(10)(v)(D) of this section is met. (A) The process change does not meet the definition of a process change in § 63.115(e); (B) The vent stream flow rate is recalculated according to § 63.115(e) and the recalculated value is less than 0.005 standard cubic meter per minute; (C) The organic HAP concentration of the vent stream is recalculated according to § 63.115(e) and the recalculated value is less than 50 parts per million by volume; or (D) The TRE index value is recalculated according to § 63.115(e) and the recalculated value is greater than 4.0, or for the affected sources producing methyl methacrylate butadiene styrene resin the recalculated value is greater than 6.7. (11) When the provisions of § 63.116(c)(3) and (c)(4) specify that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be used for the purposes of this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall conform with the requirements in paragraphs (a)(11)(i) and (a)(11)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (12) When § 63.118, periodic reporting and recordkeeping requirements, refers to § 63.152(f), the recordkeeping requirements in § 63.1335(d) shall apply for purposes of this subpart. (13) If a batch process vent or aggregate batch vent stream is combined with a continuous process vent, the owner or operator of the affected source containing the combined vent stream shall comply with paragraph (a)(13)(i); with paragraph (a)(13)(ii) and with paragraph (a)(13)(iii) or (iv); or with paragraph (a)(13)(v) of this section, as appropriate. (i) If a batch process vent or aggregate batch vent stream is combined with a Group 1 continuous process vent prior to the combined vent stream being routed to a control device, the owner or operator of the affected source containing the combined vent stream shall comply with the requirements in paragraph (a)(13)(i)(A) or (B) of this section. (A) All requirements for a Group 1 process vent stream in §§ 63.113 through 63.118, except as otherwise provided in this section. As specified in § 63.1333(a)(1), performance tests shall be conducted at maximum representative operating conditions. For the purpose of conducting a performance test on a combined vent stream, maximum representative operating conditions shall be when batch emission episodes are occurring that result in the highest organic HAP emission rate (for the combined vent stream) that is achievable during one of the periods listed in § 63.1333(a)(1)(i) or § 63.1333(a)(1)(ii), without causing any of the situations described in paragraphs (a)(13)(i)(A)( 1 3 ( 1 ( 2 ( 3 (B) Comply with the provisions in § 63.1313(b)(1), as allowed under § 63.1313(b). (ii) If a batch process vent or aggregate batch vent stream is combined with a continuous process vent prior to the combined vent stream being routed to a recovery device, the TRE index value for the combined vent stream shall be calculated at the exit of the last recovery device. The TRE shall be calculated during periods when one or more batch emission episodes are occurring that result in the highest organic HAP emission rate (in the combined vent stream that is being routed to the recovery device) that is achievable during the 6-month period that begins 3 months before and ends 3 months after the TRE calculation, without causing any of the situations described in paragraphs (a)(13)(ii)(A) through (C) to occur. (A) Causing damage to equipment. (B) Necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or (C) Necessitating that the owner or operator make product in excess of demand. (iii) If the combined vent stream described in paragraph (a)(10)(ii) of this section meets the requirements in paragraphs (a)(13)(iii)(A), (B), and (C) of this section, the combined vent stream shall be subject to the requirements for Group 1 process vents in §§ 63.113 through 63.118, except as otherwise provided in this section, as applicable. Performance tests for the combined vent stream shall be conducted at maximum operating conditions, as described in paragraph (a)(13)(i) of this section. (A) The TRE index value of the combined stream is less than or equal to 1.0; (B) The flow rate of the combined vent stream is greater than or equal to 0.005 standard cubic meter per minute; and (C) The total organic HAP concentration is greater than or equal to 50 parts per million by volume for the combined vent stream. (iv) If the combined vent stream described in paragraph (a)(10)(ii) of this section meets the requirements in paragraph (a)(13)(iv)(A), (B), or (C) of this section, the combined vent stream shall be subject to the requirements for Group 2 process vents in §§ 63.113 through 63.118, except as otherwise provided in this section, as applicable. (A) The TRE index value of the combined vent stream is greater than 1.0; (B) The flow rate of the combined vent stream is less than 0.005 standard cubic meter per minute; or (C) The total organic HAP concentration is less than 50 parts per million by volume for the combined vent stream. (v) If a batch process vent or aggregate batch vent stream is combined with a Group 2 continuous process vent, the owner or operator shall comply with the requirements in either paragraph (a)(13)(v)(A) or (a)(13)(v)(B) of this section. (A) The owner or operator shall comply with the requirements in §§ 63.113 through 63.118 for Group 1 process vents; or (B) The owner or operator shall comply with § 63.1322(e)(2) for batch process vents and aggregate batch vent streams. (14) If any gas stream that originates outside of an affected source that is subject to this subpart is normally conducted through the same final recovery device as any continuous process vent stream subject to this subpart, the owner or operator of the affected source with the combined vent stream shall comply with all requirements in §§ 63.113 through 63.118 of subpart G of this part, except as otherwise noted in this section, as applicable. (i) Instead of measuring the vent stream flow rate at the sampling site specified in § 63.115(b)(1), the sampling site for vent stream flow rate shall be prior to the final recovery device and prior to the point at which the gas stream that is not controlled under this subpart is introduced into the combined vent stream. (ii) Instead of measuring total organic HAP or TOC concentrations at the sampling site specified in § 63.115(c)(1), the sampling site for total organic HAP or TOC concentration shall be prior to the final recovery device and prior to the point at which the gas stream that is not controlled under this subpart is introduced into the combined vent stream. (iii) The efficiency of the final recovery device (determined according to paragraph (a)(14)(iv) of this section) shall be applied to the total organic HAP or TOC concentration measured at the sampling site described in paragraph (a)(14)(ii) of this section to determine the exit concentration. This exit concentration of total organic HAP or TOC shall then be used to perform the calculations outlined in § 63.115(d)(2)(iii) and § 63.115(d)(2)(iv), for the combined vent stream exiting the final recovery device. (iv) The efficiency of the final recovery device is determined by measuring the total organic HAP or TOC concentration using Method 18 or 25A, 40 CFR part 60, appendix A, at the inlet to the final recovery device after the introduction of any gas stream that is not controlled under this subpart, and at the outlet of the final recovery device. (15) When § 63.115(c)(3)(ii)(B) and (d)(2)(iv) and § 63.116(c)(3)(ii)(B) and (c)(4)(ii)(C) refer to Table 2 of subpart F of this part, the owner or operator is only required to consider organic HAP listed on Table 6 of this subpart for purposes of this subpart. (16) The compliance date for continuous process vents subject to the provisions of this section is specified in § 63.1311. (17) In § 63.116(a), instead of the reference to § 63.11(b), the requirements in § 63.1333(e) shall apply. (18) When a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.113(a)(2), the correction to 3 percent oxygen is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. In addition, the correction to 3 percent oxygen specified in § 63.116(c)(3) and (c)(3)(iii) is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. Finally, when a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.113(a)(2), an owner or operator shall record and report the outlet concentration required in § 63.117(a)(4)(ii) and (a)(4)(iv) corrected to 3 percent oxygen when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. When supplemental combustion air is not used to combust the emissions, an owner or operator may record and report the outlet concentration required in § 63.117(a)(4)(ii) and (a)(4)(iv) on an uncorrected basis or corrected to 3 percent oxygen, for the purposes of this subpart. (19) During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.116, an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraph (a)(19)(i), (ii), or (iii) of this section. (i) Keep records establishing that the raw material introduced and product discharged rates were both zero. (ii) Divide the organic HAP emission rate during startup or shutdown by the rate of polymer produced from the most recent performance test associated with a production rate greater than zero according to § 63.1318(b)(1). Keep records of this calculation. (iii) Keep records establishing that the operating parameters of the control device used to comply with the emission limit in § 63.113(a)(1) or (2) were maintained at the level established to meet the emission limit at maximum representative operating conditions. (b) Owners or operators of existing affected sources producing MBS shall comply with either paragraph (b)(1) or (b)(2) of this section. (1) Comply with paragraph (a) of this section, as specified in paragraphs (b)(1)(i) and (b)(1)(ii). (i) As specified in § 63.1312, Group 1 continuous process vents at MBS existing affected sources are those with a total resource effectiveness value less than or equal to 3.7. (ii) When complying with this paragraph (b) and the term “TRE of 4.0” is used, or related terms indicating a TRE index value of 4.0, referred to in §§ 63.113 through 63.118, are used, the term “TRE of 6.7,” shall apply instead, for the purposes of this subpart. The TRE range of 3.7 to 6.7 for continuous process vents at existing affected sources producing MBS corresponds to the TRE range of 1.0 to 4.0 for other continuous process vents, as it applies to monitoring, recordkeeping, and reporting. (2) Not allow organic HAP emissions from the collection of continuous process vents at the affected source to be greater than 0.000590 kg organic HAP/Mg of product. Compliance with this paragraph (b)(2) shall be determined using the procedures specified in § 63.1333(b). During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1333(b), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraph (b)(2)(i), (ii), or (iii) of this section. (i) Keep records establishing that the raw material introduced and product discharged rates were both zero. (ii) Divide the organic HAP emission rate during startup or shutdown by the rate of polymer produced from the most recent performance test associated with a production rate greater than zero according to § 63.1333(b). Keep records of this calculation. (iii) Keep records establishing that the operating parameters of the control device used to comply with the emission limit in paragraph (b)(2) of this section were maintained at the level established to meet the emission limit at maximum representative operating conditions. (c) Owners or operators of new affected sources producing SAN using a batch process shall comply with the applicable requirements in § 63.1321. (d) Affected sources producing PET or polystyrene using a continuous process are subject to the emissions control provisions of § 63.1316, the monitoring provisions of § 63.1317, the testing and compliance demonstration provisions of § 63.1318, the recordkeeping provisions of § 63.1319, and the reporting provisions of § 63.1320. However, in some instances as specified in § 63.1316, select continuous process vents present at affected sources producing PET or polystyrene using a continuous process are subject to the provisions of this section. (e) Owners or operators of affected sources producing ASA/AMSAN shall reduce organic HAP emissions from each continuous process vent, each batch process vent, and each aggregate batch vent stream by 98 weight-percent and shall comply with either paragraph (e)(1), (e)(2), or (e)(3), as appropriate. Where batch process vents or aggregate batch vent streams are combined with continuous process vents, the provisions of paragraph (a)(13) of this section shall apply for the purposes of this paragraph (e). (1) For each continuous process vent, comply with paragraph (a) of this section as specified in paragraphs (e)(1)(i) through (e)(1)(ii) of this section. (i) For purpose of this section, each continuous process vent shall be considered to be a Group 1 continuous process vent and the owner or operator of that continuous process vent shall comply with the requirements for a Group 1 continuous process vent. (ii) For purposes of this section, the group determination procedure required by § 63.115 shall not apply. (2) For each batch process vent, comply with §§ 63.1321 through 63.1327 as specified in paragraphs (e)(2)(i) through (e)(2)(ii) of this section. (i) For purpose of this section, each batch process vent shall be considered to be a Group 1 batch process vent and the owner or operator of that batch process vent shall comply with the requirements for a Group 1 batch process vent contained in §§ 63.1321 through 63.1327, except that each batch process vent shall be controlled to reduce organic HAP emissions by 98 weight-percent. (ii) For purposes of this section, the group determination procedure required by § 63.1323 shall not apply. (3) For each aggregate batch vent stream, comply with §§ 63.1321 through 63.1327 as specified in paragraphs (e)(3)(i) through (e)(3)(ii) of this section. (i) For purpose of this section, each aggregate batch vent stream shall be considered to be a Group 1 aggregate batch vent stream and the owner or operator of that aggregate batch vent stream shall comply with the requirements for a Group 1 aggregate batch vent stream contained in §§ 63.1321 through 63.1327, except that each aggregate batch vent stream shall be controlled to reduce organic HAP emissions by 98 weight-percent. (ii) For purposes of this section, the group determination procedure required by § 63.1323 shall not apply. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11547, Mar. 9, 1999; 65 FR 38107, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17364, Mar. 27, 2014] § 63.1316 PET and polystyrene affected sources—emissions control provisions. (a) The owner or operator of an affected source producing PET using a continuous process shall comply with paragraph (b) of this section. The owner or operator of an affected source producing polystyrene using a continuous process shall comply with paragraph (c) of this section. As specified in paragraphs (b) and (c) of this section, owners or operators shall comply with § 63.1315 for certain continuous process vents and with § 63.1321 for all batch process vents. The owner or operator of an affected source producing PET using a batch process or producing polystyrene using a batch process shall comply with § 63.1315 for continuous process vents and with § 63.1321 for batch process vents, instead of the provisions of §§ 63.1316 through 63.1320. (b) The owner or operator of an affected source producing PET using a continuous process shall comply with the requirements specified in paragraphs (b)(1) or (b)(2) of this section, as appropriate, and are not required to comply with the requirements specified in 40 CFR part 60, subpart DDD. Compliance can be based on either organic HAP or TOC. (1) The owner or operator of an affected source producing PET using a continuous dimethyl terephthalate process shall comply with paragraphs (b)(1)(i) through (b)(1)(iv) of this section. (i) The owner or operator of an existing affected source with organic HAP emissions greater than 0.12 kg organic HAP per Mg of product from continuous process vents in the collection of material recovery sections (i.e., methanol recovery) within the affected source shall comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C) of this section. Emissions from continuous process vents in the collection of material recovery sections within the affected source shall be determined by the procedures specified in § 63.1318(b). The owner or operator of a new affected source shall comply with either paragraph (b)(1)(i)(A), (b)(1)(i)(B), or (b)(1)(i)(C) of this section. (A) Organic HAP emissions from all continuous process vents in each individual material recovery section shall, as a whole, be no greater than 0.018 kg organic HAP per Mg of product from the associated TPPU(s)); or alternatively, organic HAP emissions from all continuous process vents in the collection of material recovery sections within the affected source shall, as a whole, be no greater than 0.018 kg organic HAP per Mg product from all associated TPPU. During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1318(b)(1), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraphs (b)(1)(i)(A)( 1 2 3 ( 1 ( 2 ( 3 (B) As specified in § 63.1318(d), the owner or operator shall maintain the daily average outlet gas stream temperature from each final condenser in a material recovery section at a temperature of +3 °C (+37 °F) or less (i.e., colder); or (C) Comply with paragraph (b)(1)(v) of this section. (ii) Limit organic HAP emissions from continuous process vents in the collection of polymerization reaction sections within the affected source by complying with either paragraph (b)(1)(ii)(A) or (b)(1)(ii)(B) of this section. (A) Organic HAP emissions from all continuous process vents in each individual polymerization reaction section (including emissions from any equipment used to further recover ethylene glycol, but excluding emissions from process contact cooling towers) shall, as a whole, be no greater than 0.02 kg organic HAP per Mg of product from the associated TPPU(s); or alternatively, organic HAP emissions from all continuous process vents in the collection of polymerization reaction sections within the affected source shall, as a whole, be no greater than 0.02 kg organic HAP per Mg product from all associated TPPU(s). During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1318(b)(1), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraphs (b)(1)(ii)(A)( 1 2 3 ( 1 ( 2 ( 3 (B) Comply with paragraph (b)(1)(v) of this section. (iii) Continuous process vents not included in a material recovery section, as specified in paragraph (b)(1)(i) of this section, and not included in a polymerization reaction section, as specified in paragraph (b)(1)(ii) of this section, shall comply with § 63.1315. (iv) Batch process vents shall comply with § 63.1321. (v) Comply with one of the following: (A) Reduce the emissions in a combustion device to achieve 98 weight percent reduction or to achieve a concentration of 20 parts per million by volume (ppmv) on a dry basis, whichever is less stringent. If an owner or operator elects to comply with the 20 ppmv standard, the concentration shall include a correction to 3 percent oxygen only when supplemental combustion air is used to combust the emissions; (B) Combust the emissions in a boiler or process heater with a design heat input capacity of 150 million Btu/hr or greater by introducing the emissions into the flame zone of the boiler or process heater; or (C) Combust the emissions in a flare that complies with the requirements of § 63.1333(e). (2) The owner or operator of an affected source producing PET using a continuous terephthalic acid process shall comply with paragraphs (b)(2)(i) through (b)(2)(iv) of this section. (i) Limit organic HAP emissions from continuous process vents in the collection of raw material preparation sections within the affected source by complying with either paragraph (b)(2)(i)(A) or (b)(2)(i)(B) of this section. (A) Organic HAP emissions from all continuous process vents associated with the esterification vessels in each individual raw materials preparation section shall, as a whole, be no greater than 0.04 kg organic HAP per Mg of product from the associated TPPU(s); or alternatively, organic HAP emissions from all continuous process vents associated with the esterification vessels in the collection of raw material preparation sections within the affected source shall, as a whole, be no greater than 0.04 kg organic HAP per Mg of product from all associated TPPU(s). Other continuous process vents (i.e., those not associated with the esterification vessels) in the collection of raw materials preparation sections within the affected source shall comply with § 63.1315. During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1318(b)(1), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraphs (b)(2)(i)(A)( 1 2 3 ( 1 ( 2 ( 3 (B) Comply with paragraph (b)(2)(v) of this section. (ii) Limit organic HAP emissions from continuous process vents in the collection of polymerization reaction sections within the affected source by complying with either paragraph (b)(2)(ii)(A) or (b)(2)(ii)(B) of this section. (A) Organic HAP emissions from all continuous process vents in each individual polymerization reaction section (including emissions from any equipment used to further recover ethylene glycol, but excluding emissions from process contact cooling towers) shall, as a whole, be no greater than 0.02 kg organic HAP per Mg of product from the associated TPPU(s); or alternatively, organic HAP emissions from all continuous process vents in the collection of polymerization reaction sections within the affected source shall, as a whole, be no greater than 0.02 kg organic HAP per Mg of product from all associated TPPU(s). During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1318(b)(1), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraphs (b)(2)(ii)(A)( 1 2 3 ( 1 ( 2 ( 3 (B) Comply with paragraph (b)(2)(v) of this section. (iii) Continuous process vents not included in a raw materials preparation section, as specified in paragraphs (b)(2)(i) of this section, and not included in a polymerization reaction section, as specified in paragraph (b)(2)(ii) of this section, shall comply with § 63.1315. (iv) Batch process vents shall comply with § 63.1321. (v) Comply with one of the following: (A) Reduce the emissions in a combustion device to achieve 98 weight percent reduction or to achieve a concentration of 20 parts per million by volume (ppmv) on a dry basis, whichever is less stringent. If an owner or operator elects to comply with the 20 ppmv standard, the concentration shall include a correction to 3 percent oxygen only when supplemental combustion air is used to combust the emissions; (B) Combust the emissions in a boiler or process heater with a design heat input capacity of 150 million Btu/hr or greater by introducing the emissions into the flame zone of the boiler or process heater; or (C) Combust the emissions in a flare that complies with the requirements of § 63.1333(e). (c) The owner or operator of an affected source producing polystyrene resin using a continuous process shall comply with the requirements specified in paragraphs (c)(1) through (c)(3) of this section, as appropriate, instead of the requirements specified in 40 CFR part 60, subpart DDD. Compliance can be based on either organic HAP or TOC. (1) Limit organic HAP emissions from continuous process vents in the collection of material recovery sections within the affected source by complying with either paragraph (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this section. (i) Organic HAP emissions from all continuous process vents in each individual material recovery section shall, as a whole, be no greater than 0.0036 kg organic HAP per Mg of product from the associated TPPU(s); or alternatively, organic HAP emissions from all continuous process vents in the collection of material recovery sections within the affected source shall, as a whole, be no greater than 0.0036 kg organic HAP per Mg of product from all associated TPPU(s). During periods of startup or shutdown, as an alternative to using the procedures specified in § 63.1318(b)(1), an owner or operator of an affected source or emission unit subject to an emission limit expressed as mass emissions per mass product may demonstrate compliance with the limit in accordance with paragraphs (c)(1)(i)(A), (B), or (C) of this section. (A) Keep records establishing that the raw material introduced and product discharged rates were both zero. (B) Divide the organic HAP emission rate during startup or shutdown by the rate of polymer produced from the most recent performance test associated with a production rate greater than zero according to § 63.1318(b)(1). Keep records of this calculation. (C) Keep records establishing that the operating parameters of the control device used to comply with the emission limit in paragraph (c)(1)(i) of this section were maintained at the level established to meet (ii) As specified in § 63.1318(d), the owner or operator shall maintain the daily average outlet gas stream temperature from each final condenser in a material recovery section at a temperature of −25 °C (−13 °F) or less (i.e., colder); or (iii) Comply with one of the following: (A) Reduce the emissions in a combustion device to achieve 98 weight percent reduction or to achieve a concentration of 20 parts per million by volume (ppmv) on a dry basis, whichever is less stringent. If an owner or operator elects to comply with the 20 ppmv standard, the concentration shall include a correction to 3 percent oxygen only when supplemental combustion air is used to combust the emissions; (B) Combust the emissions in a boiler or process heater with a design heat input capacity of 150 million Btu/hr or greater by introducing the emissions into the flame zone of the boiler or process heater; or (C) Combust the emissions in a flare that complies with the requirements of § 63.1333(e). (2) Limit organic HAP emissions from continuous process vents not included in a material recovery section, as specified in paragraph (c)(1)(i) of this section, by complying with § 63.1315. (3) Batch process vents shall comply with § 63.1321. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11548, Mar. 9, 1999; 65 FR 38110, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17365, Mar. 27, 2014] § 63.1317 PET and polystyrene affected sources—monitoring provisions. Continuous process vents using a control or recovery device to comply with § 63.1316 shall comply with the applicable monitoring provisions specified for continuous process vents in § 63.1315(a), except that references to group determinations (i.e., total resource effectiveness) do not apply and owners or operators are not required to comply with § 63.113. [65 FR 38111, June 19, 2000] § 63.1318 PET and polystyrene affected sources—testing and compliance demonstration provisions. (a) Except as specified in paragraphs (b) through (d) of this section, continuous process vents using a control or recovery device to comply with § 63.1316 shall comply with the applicable testing and compliance provisions for continuous process vents specified in § 63.1315(a) except that, for purposes of this paragraph (a), references to group determinations (i.e., total resource effectiveness) do not apply and owners or operators are not required to comply with § 63.113. (b) PET affected sources using a dimethyl terephthalate process—Applicability determination procedure. (1) Use Equation 1 of this subpart to determine mass emissions per mass product as specified in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. During periods of startup or shutdown, as an alternative to using Equation 1 of this subpart, the owner or operator may divide the emission rate of total organic HAP or TOC during startup or shutdown by the rate of polymer produced from the most recent performance test associated with a production rate greater than zero to determine compliance with the emission limit. where: ER = Emission rate of total organic HAP or TOC, kg/Mg product. E i P p n = Number of continuous process vents in the collection of material recovery sections at the affected source. 0.001 = Conversion factor, kg to Mg. (i) The mass emission rate for each continuous process vent, E i (A) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (ii) The rate of polymer produced, P p (2) Use engineering assessment, as described in § 63.1323(b)(6)(i), to demonstrate that mass emissions per mass product are less than or equal to 0.07 kg organic HAP/Mg product. If engineering assessment shows that mass emissions per mass product are greater than 0.07 kg organic HAP/Mg product and the owner or operator wishes to demonstrate that mass emissions per mass product are less than the threshold emission rate of 0.12 kg organic HAP/Mg product, the owner or operator shall use the procedures specified in paragraph (b)(1) of this section. (c) Compliance with mass emissions per mass product standards. (d) Compliance with Temperature Limits for Final Condensers. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014] § 63.1319 PET and polystyrene affected sources—recordkeeping provisions. (a) Except as specified in paragraphs (b) and (c) of this section, owners or operators using a control or recovery device to comply with § 63.1316 shall comply with the applicable recordkeeping provisions specified in § 63.1315(a), except that, for the purposes of this paragraph (a), references to group determinations (i.e., total resource effectiveness) do not apply, and owners or operators are not required to comply with § 63.113. (b) Records demonstrating compliance with the applicability determination procedure for PET affected sources using a dimethyl terephthalate process. (1) Results of the mass emissions per mass product calculation specified in § 63.1318(b). (2) Records of any change in process operation that increases the mass emissions per mass product. (c) Records demonstrating compliance with temperature limits for final condensers. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38111, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014] § 63.1320 PET and polystyrene affected sources—reporting provisions. (a) Except as specified in paragraph (b) of this section, owners and operators using a control or recovery device to comply with § 63.1316 shall comply with the applicable reporting provisions specified in § 63.1315(a), except that, for the purposes of this paragraph (a), references to group determinations (i.e., total resource effectiveness) do not apply, and owners or operators are not required to comply with § 63.113. (b) Reporting for PET Affected Sources Using a Dimethyl Terephthalate Process. (1) Include the information specified in § 63.1319(b)(2) in each Periodic Report, required by § 63.1335(e)(6), as appropriate. (2) Include the information specified in § 63.1319(b)(1) in the Notification of Compliance Status, required by § 63.1335(e)(5). (3) Whenever a process change, as defined in § 63.115(e), is made that causes emissions from continuous process vents in the collection of material recovery sections (i.e., methanol recovery) within the affected source to be greater than 0.12 kg organic HAP per Mg of product, the owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator. This report may be included in the next Periodic Report. The report shall include the information specified in § 63.1319(b)(1) and a description of the process change. [65 FR 38112, June 19, 2000, as amended at 66 FR 36938, July 16, 2001] § 63.1321 Batch process vents provisions. (a) Batch process vents. (b) New SAN batch affected sources. (1) For batch process vents, the determination of group status (i.e., Group 1/Group 2) under § 63.1323 is not required. (2) For batch process vents and aggregate batch vent streams, the control requirements for individual batch process vents or aggregate batch vent streams (e.g., 90 percent emission reduction) as specified in § 63.1322(a)(1), (a)(2), (b)(1), and (b)(2) shall not apply. (3) Continuous process vents using a control or recovery device to comply with § 63.1322(a)(3) are subject to the applicable requirements in § 63.1315(a), as appropriate, except as specified in paragraphs (b)(3)(i) and (b)(3)(ii) of this section. (i) Said continuous process vents are not subject to the group determination procedures of § 63.115 for the purposes of this subpart. (ii) Said continuous process vents are not subject to the reference control technology provisions of § 63.113 for the purposes of this subpart. (c) Aggregate batch vent streams. (d) Owners and operators of affected sources producing ASA/AMSAN shall comply with the provisions of § 63.1315(e). [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 65 FR 38112, June 19, 2000] § 63.1322 Batch process vents—reference control technology. (a) Batch process vents. (1) For each batch process vent, reduce organic HAP emissions using a flare. (i) The owner or operator shall comply with the requirements of § 63.1333(e) for the flare. (ii) Halogenated batch process vents, as defined in § 63.1312, shall not be vented to a flare. (2) For each batch process vent, reduce organic HAP emissions for the batch cycle by 90 weight percent using a control device. Owners or operators may achieve compliance with this paragraph (a)(2) through the control of selected batch emission episodes or the control of portions of selected batch emission episodes. Documentation demonstrating how the 90 weight percent emission reduction is achieved is required by § 63.1325(c)(2). (3) The owner or operator of a new affected source producing SAN using a batch process shall reduce organic HAP emissions from the collection of batch process vents, aggregate batch vent streams, and continuous process vents by 84 weight percent. Compliance with this paragraph (a)(3) shall be demonstrated using the procedures specified in § 63.1333(c). (b) Aggregate batch vent streams. (1) For each aggregate batch vent stream, reduce organic HAP emissions using a flare. (i) The owner or operator shall comply with the requirements of § 63.1333(e) for the flare. (ii) Halogenated aggregate batch vent streams, as defined in § 63.1312, shall not be vented to a flare. (2) For each aggregate batch vent stream, reduce organic HAP emissions by 90 weight percent or to a concentration of 20 parts per million by volume, whichever is less stringent, on a continuous basis using a control device. For purposes of complying with the 20 parts per million by volume outlet concentration standard, the outlet concentration shall be calculated on a dry basis. When a combustion device is used for purposes of complying with the 20 parts per million by volume outlet concentration standard, the concentration shall be corrected to 3 percent oxygen if supplemental combustion air is used to combust the emissions. If supplemental combustion air is not used, a correction to 3 percent oxygen is not required. (3) The owner or operator of a new affected source producing SAN using a batch process shall comply with paragraph (a)(3) of this section. (c) Halogenated emissions. (1) If a combustion device is used to comply with paragraph (a)(2), (a)(3), (b)(2), or (b)(3) of this section for a halogenated batch process vent, halogenated aggregate batch vent stream, or halogenated continuous process vent, said emissions exiting the combustion device shall be ducted to a halogen reduction device that reduces overall emissions of hydrogen halides and halogens by at least 99 percent before discharge to the atmosphere. (2) A halogen reduction device may be used to reduce the halogen atom mass emission rate of said emissions to less than 3,750 kg/yr for batch process vents or aggregate batch vent streams and to less than 0.45 kilograms per hour for continuous process vents prior to venting to any combustion control device, and thus make the batch process vent, aggregate batch vent stream, or continuous process vent nonhalogenated. The nonhalogenated batch process vent, aggregate batch vent stream, or continuous process vent shall then comply with the requirements of either paragraph (a) or (b) of this section, as appropriate. (d) If a boiler or process heater is used to comply with the percent reduction requirement specified in paragraph (a)(2), (a)(3), (b)(2), or (b)(3) of this section, the batch process vent, aggregate batch vent stream, or continuous process vent shall be introduced into the flame zone of such a device. (e) Combination of batch process vents or aggregate batch vent streams with continuous process vents. (1) A batch process vent or aggregate batch vent stream combined with a continuous process vent is not subject to the provisions of §§ 63.1321 through 63.1327, if the requirements in paragraph (e)(1)(i) and in either paragraph (e)(1)(ii) or (e)(1)(iii) are met. (i) The only emissions to the atmosphere from the batch process vent or aggregate batch vent stream prior to being combined with the continuous process vent are from equipment subject to § 63.1331. (ii) The batch process vent or aggregate batch vent stream is combined with a Group 1 continuous process vent prior to the combined vent stream being routed to a control device. In this paragraph (e)(1)(ii), the definition of control device as it relates to continuous process vents shall be used. Furthermore, the combined vent stream discussed in this paragraph (e)(1)(ii) shall be subject to § 63.1315(a)(13)(i). (iii) The batch process vent or aggregate batch vent stream is combined with a continuous process vent prior to being routed to a recovery device. In this paragraph (e)(1)(iii), the definition of recovery device as it relates to continuous process vents shall be used. Furthermore, the combined vent stream discussed in this paragraph (e)(1)(iii) shall be subject to § 63.1315(a)(13)(ii). (2) If the batch process vent or aggregate batch vent stream is combined with a Group 2 continuous process vent, the group status of the batch process vent shall be determined prior to its combination with the Group 2 continuous process vent, in accordance with § 63.1323, and the combined vent stream shall be subject to the requirements for aggregate batch vent streams in §§ 63.1321 through 63.1327. (f) Group 2 batch process vents with annual emissions greater than or equal to the level specified in § 63.1323(d). (1) The owner or operator of an affected source shall comply with the requirements in paragraphs (f)(1)(i) through (f)(1)(iv) of this section. (i) The owner or operator shall establish a batch mass input limitation that ensures the Group 2 batch process vent does not become a Group 1 batch process vent. (ii) Over the course of the affected source's “year,” as reported in the Notification of Compliance Status in accordance with § 63.1335(e)(5)(viii), the owner or operator shall not charge a mass of HAP or material to the batch unit operation that is greater than the level established as the batch mass input limitation. (iii) The owner or operator shall comply with the recordkeeping requirements in § 63.1326(d)(2), and the reporting requirements in § 63.1327(a)(3), (b), and (c). (iv) The owner or operator shall comply with § 63.1323(i) when process changes are made. (2) Comply with the requirements of this subpart for Group 1 batch process vents. (g) Group 2 batch process vents with annual emissions less than the level specified in § 63.1323(d). (1) The owner or operator of the affected source shall comply with the requirements in paragraphs (g)(1)(i) through (g)(1)(iv) of this section. (i) The owner or operator shall establish a batch mass input limitation that ensures emissions do not exceed the level specified in § 63.1323(d). (ii) Over the course of the affected source's “year,” as reported in the Notification of Compliance Status in accordance with § 63.1335(e)(5)(viii), the owner or operator shall not charge a mass of HAP or material to the batch unit operation that is greater than the level established as the batch mass input limitation. (iii) The owner or operator shall comply with the recordkeeping requirements in § 63.1326(d)(1), and the reporting requirements in § 63.1327(a)(2), (b), and (c). (iv) The owner or operator of the affected source shall comply with § 63.1323(i) when process changes are made. (2) Comply with the requirements of paragraph (f)(1) of this section; (3) Comply with the requirements of paragraph (f)(2) of this section; or (4) Comply with the requirements of paragraph (h) of this section. (h) Owners or operators of Group 2 batch process vents are not required to establish a batch mass input limitation if the batch process vent is Group 2 at the conditions specified in paragraphs (h)(1) and (h)(2) of this section and if the owner or operator complies with the recordkeeping provisions in §§ 63.1326(a)(1) through (3), 63.1326(a)(9), and 63.1326(a)(4) through (6) as applicable, and the reporting requirements in § 63.1327(a)(5), (a)(6), and (b). (1) Emissions for the single highest-HAP recipe (considering all products that are produced in the batch unit operation) are used in the group determination; and (2) The group determination assumes that the batch unit operation is operating at the maximum design capacity of the TPPU for 12 months. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 65 FR 38112, June 19, 2000; 66 FR 36938, July 16, 2001] § 63.1323 Batch process vents—methods and procedures for group determination. (a) General requirements. (1) The procedures specified in paragraphs (b) through (g) of this section shall be followed to determine the group status of each batch process vent. This determination shall be made in accordance with either paragraph (a)(1)(i) or (a)(1)(ii) of this section. (i) An owner or operator may choose to determine the group status of a batch process vent based on the expected mix of products. For each product, emission characteristics of the single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section, for that product shall be used in the procedures in paragraphs (b) through (i) of this section. (ii) An owner or operator may choose to determine the group status of a batch process vent based on annualized production of the single highest-HAP recipe, as defined in paragraph (a)(1)(iii) of this section, considering all products produced or processed in the batch unit operation. The annualized production of the highest-HAP recipe shall be based exclusively on the production of the single highest-HAP recipe of all products produced or processed in the batch unit operation for a 12 month period. The production level used may be the actual production rate. It is not necessary to assume a maximum production rate (i.e., 8,760 hours per year at maximum design production). (iii) The single highest-HAP recipe for a product means the recipe of the product with the highest total mass of HAP charged to the reactor during the production of a single batch of product. (2) The annual uncontrolled organic HAP or TOC emissions and annual average batch vent flow rate shall be determined at the exit from the batch unit operation. For the purposes of these determinations, the primary condenser operating as a reflux condenser on a reactor or distillation column, the primary condenser recovering monomer, reaction products, by-products, or solvent from a stripper operated in batch mode, and the primary condenser recovering monomer, reaction products, by-products, or solvent from a distillation operation operated in batch mode shall be considered part of the batch unit operation. All other devices that recover or oxidize organic HAP or TOC vapors shall be considered control devices as defined in § 63.1312. (3) The owner or operator of a batch process vent complying with the flare provisions in § 63.1322(a)(1) or § 63.1322(b)(1) or routing the batch process vent to a control device to comply with the requirements in § 63.1322(a)(2) or § 63.1322(b)(2) is not required to perform the batch process vent group determination described in this section, but shall comply with all requirements applicable to Group 1 batch process vents for said batch process vent. (b) Determination of annual emissions. (1) TOC or organic HAP emissions from the purging of an empty vessel shall be calculated using Equation 2 of this subpart. Equation 2 of this subpart does not take into account evaporation of any residual liquid in the vessel. Where: E episode V ves 3 P = TOC or total organic HAP partial pressure, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. m = Number of volumes of purge gas used. (2) TOC or organic HAP emissions from the purging of a filled vessel shall be calculated using Equation 3 of this subpart. Where: E episode y = Saturated mole fraction of all TOC or organic HAP in vapor phase. V dr 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. P i x i n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated. T m (3) Emissions from vapor displacement due to transfer of material into or out of a vessel shall be calculated using Equation 4 of this subpart. where: E episode y = Saturated mole fraction of all TOC or organic HAP in vapor phase. V = Volume of gas displaced from the vessel, m 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. (4) Emissions caused by the heating of a vessel shall be calculated using the procedures in either paragraphs (b)(4)(i), (b)(4)(ii), or (b)(4)(iii) of this section, as appropriate. (i) If the final temperature to which the vessel contents is heated is lower than 50 K below the boiling point of the HAP in the vessel, then emissions shall be calculated using the equations in paragraphs (b)(4)(i)(A) through (b)(4)(i)(D) of this section. (A) Emissions caused by heating of a vessel shall be calculated using Equation 5 of this subpart. The assumptions made for this calculation are atmospheric pressure of 760 millimeters of mercury (mm Hg) and the displaced gas is always saturated with volatile organic compounds (VOC) vapor in equilibrium with the liquid mixture. Where: E episode (P i T1 i T2 n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated. Δη = Number of kilogram-moles (kg-moles) of gas displaced, determined in accordance with paragraph (b)(4)(i)(B) of this section. 101.325 = Constant, kPa. (MW WAVG, T1 WAVG, T2 (B) The moles of gas displaced, Δη, is calculated using Equation 6 of this subpart. Where: Δη = Number of kg-moles of gas displaced. V fs 3 R = Ideal gas constant, 8.314 m 3 Pa 1 Pa 2 T 1 T 2 (C) The initial and final pressure of the noncondensible gas in the vessel shall be calculated using Equation 7 of this subpart. Where: Pa = Initial or final partial pressure of noncondensible gas in the vessel headspace, kPa. 101.325 = Constant, kPa. (P i n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated. (D) The weighted average molecular weight of TOC or organic HAP in the displaced gas, MW wavg where: C = TOC or organic HAP component n = Number of TOC or organic HAP components in stream. (ii) If the vessel contents are heated to a temperature greater than 50 K below the boiling point, then emissions from the heating of a vessel shall be calculated as the sum of the emissions calculated in accordance with paragraphs (b)(4)(ii)(A) and (b)(4)(ii)(B) of this section. (A) For the interval from the initial temperature to the temperature 50 K below the boiling point, emissions shall be calculated using Equation 5 of this subpart, where T 2 (B) For the interval from the temperature 50 K below the boiling point to the final temperature, emissions shall be calculated as the summation of emissions for each 5 K increment, where the emissions for each increment shall be calculated using Equation 5 of this subpart. ( 1 ( 2 ( 3 (iii) If the vessel is operating with a condenser, and the vessel contents are heated to the boiling point, the primary condenser, as specified in paragraph (a)(2) of this section, is considered part of the process. Emissions shall be calculated as the sum of emissions calculated using Equation 5 of this subpart, which calculates emissions due to heating the vessel contents to the temperature of the gas existing the condenser, and emissions calculated using Equation 4 of this subpart, which calculates emissions due to the displacement of the remaining saturated noncondensible gas in the vessel. The final temperature in Equation 5 of this subpart shall be set equal to the exit gas temperature of the condenser. Equation 4 of this subpart shall be used as written below in Equation 4a of this subpart, using free space volume, and T is set equal to the condenser exit gas temperature. where: E episode y = Saturated mole fraction of all TOC or organic HAP in vapor phase. V fs 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of condenser exit stream, K. (5) The owner or operator may estimate annual emissions for a batch emission episode by direct measurement. If direct measurement is used, the owner or operator shall either perform a test for the duration of a representative batch emission episode or perform a test during only those periods of the batch emission episode for which the emission rate for the entire episode can be determined or for which the emissions are greater than the average emission rate of the batch emission episode. The owner or operator choosing either of these options shall develop an emission profile for the entire batch emission episode, based on either process knowledge or test data collected, to demonstrate that test periods are representative. Examples of information that could constitute process knowledge include calculations based on material balances and process stoichiometry. Previous test results may be used provided the results are still relevant to the current batch process vent conditions. Performance tests shall follow the procedures specified in paragraphs (b)(5)(i) through (b)(5)(iii) of this section. The procedures in either paragraph (b)(5)(iv) or (b)(5)(v) of this section shall be used to calculate the emissions per batch emission episode. (i) Method 1 or 1A, 40 CFR part 60, appendix A as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube. No traverse is necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas stream volumetric flow rate. (ii) Annual average batch vent flow rate shall be determined as specified in paragraph (e) of this section. (iii) Method 18 or Method 25A, 40 CFR part 60, appendix A, shall be used to determine the concentration of TOC or organic HAP, as appropriate. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part may be used. The use of Method 25A, 40 CFR part 60, appendix A shall conform with the requirements in paragraphs (b)(5)(iii)(A) and (b)(5)(iii)(B) of this section. (A) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (B) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (iv) If an integrated sample is taken over the entire batch emission episode to determine the average batch vent concentration of TOC or total organic HAP, emissions shall be calculated using Equation 9 of this subpart. Where: E episode K = Constant, 2.494 × 10 −6 −1 C j M j AFR = Average batch vent flow rate of gas stream, dry basis, scmm. T h n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (v) If grab samples are taken to determine the average batch vent concentration of TOC or total organic HAP, emissions shall be calculated according to paragraphs (b)(5)(v)(A) and (b)(5)(v)(B) of this section. (A) For each measurement point, the emission rate shall be calculated using Equation 10 of this subpart. Where: E point K = Constant, 2.494 × 10− −6 −1 C j M j FR = Flow rate of gas stream for the measurement point, dry basis, scmm. n = Number of organic HAP in stream. Note: Summation not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (B) The emissions per batch emission episode shall be calculated using Equation 11 of this subpart. where: E episode DUR = Duration of the batch emission episode, hr/episode. E i n = Number of measurements. (6) Engineering assessment may be used to estimate emissions from a batch emission episode, if the criteria in paragraph (b)(6)(i) are met. Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i) of this section have been met shall be reported as specified in paragraph (b)(6)(iii) of this section. Paragraph (b)(6)(ii) of this section defines engineering assessment, for the purposes of estimating emissions from a batch emissions episode. All data, assumptions, and procedures used in an engineering assessment shall be documented. (i) If the criteria specified in paragraph (b)(6)(i)(A), (B), or (C) are met for a specific batch emission episode, the owner or operator may use engineering assessment, as described in paragraph (b)(6)(ii) of this section, to estimate emissions from that batch emission episode, and the owner or operator is not required to use the emissions estimation equations described in paragraphs (b)(1) through (b)(4) of this section to estimate emissions from that batch emission episode. (A) Previous test data, where the measurement of organic HAP or TOC emissions was an outcome of the test, show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (b)(1) through (b)(4) of this section. Paragraphs (b)(6)(i)(A)( 1 2 ( 1 ( 2 (B) Previous test data obtained during the production of the product for which the demonstration is being made, for the batch emission episode with the highest organic HAP emissions on a mass basis, show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (b)(1) through (b)(4) of this section. If the criteria in this paragraph (b)(6)(i)(B) are met, then engineering assessment may be used for all batch emission episodes associated with that batch cycle for the batch unit operation. (C) The owner or operator has requested and been granted approval to use engineering assessment to estimate emissions from a batch emissions episode. The request to use engineering assessment to estimate emissions from a batch emissions episode shall contain sufficient information and data to demonstrate to the Administrator that engineering assessment is an accurate means of estimating emissions for that particular batch emissions episode. The request to use engineering assessment to estimate emissions for a batch emissions episode shall be submitted in the Precompliance Report required under § 63.1335(e)(3). (ii) Engineering assessment includes, but is not limited to, the following: (A) Previous test results, provided the tests are representative of current operating practices; (B) Bench-scale or pilot-scale test data obtained under conditions representative of current process operating conditions; (C) Flow rate, TOC emission rate, or organic HAP emission rate specified or implied within a permit limit applicable to the batch process vent; and (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 ( 4 (iii) Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i) of this section have been met shall be reported as specified in paragraphs (b)(6)(iii)(A) and (b)(6)(iii)(B) of this section. (A) Data or other information used to demonstrate that the criteria in paragraph (b)(6)(i)(A) or (b)(6)(i)(B) of this section have been met shall be reported in the Notification of Compliance Status, as required in § 63.1327(a)(6). (B) The request for approval to use engineering assessment to estimate emissions from a batch emissions episode as allowed under paragraph (b)(6)(i)(C) of this section, and sufficient data or other information for demonstrating to the Administrator that engineering assessment is an accurate means of estimating emissions for that particular batch emissions episode shall be submitted with the Precompliance Report, as required in § 63.1335(e)(3). (7) For each batch process vent, the TOC or organic HAP emissions associated with a single batch cycle shall be calculated using Equation 12 of this subpart. Where: E cycle E episode i n = Number of batch emission episodes for the batch cycle (8) Annual TOC or organic HAP emissions from a batch process vent shall be calculated using Equation 13 of this subpart. where: AE = Annual emissions from a batch process vent, kg/yr. N i E cycle i n = Number of different types of batch cycles that cause the emission of TOC or organic HAP from the batch process vent (9) Individual HAP partial pressures in multicomponent systems shall be determined using the appropriate method specified in paragraphs (b)(9)(i) through (b)(9)(iii) of this section. (i) If the components are miscible, use Raoult's law to calculate the partial pressures; (ii) If the solution is a dilute aqueous mixture, use Henry's law constants to calculate partial pressures; (iii) If Raoult's law or Henry's law are not appropriate or available, the owner or operator may use any of the options in paragraphs (b)(9)(iii)(A), (B), or (C) of this section. (A) Experimentally obtained activity coefficients, Henry's law constants, or solubility data; (B) Models, such as group-contribution models, to predict activity coefficients; or (C) Assume the components of the system behave independently and use the summation of all vapor pressures from the HAPs as the total HAP partial pressure. (c) [Reserved] (d) Minimum emission level exemption. (e) Determination of average batch vent flow rate and annual average batch vent flow rate. (1) Determination of the average batch vent flow rate for a batch emission episode by direct measurement shall be made using the procedures specified in paragraphs (e)(1)(i) through (e)(1)(iii) of this section. (i) The volumetric flow rate (FR i (ii) The volumetric flow rate of a representative batch emission episode shall be measured every 15 minutes. (iii) The average batch vent flow rate for a batch emission episode shall be calculated using Equation 14 of this subpart. Where: AFR episode FR i n = Number of flow rate measurements taken during the batch emission episode. (2) The average batch vent flow rate for a batch emission episode may be determined by engineering assessment, as defined in paragraph (b)(6)(i) of this section. All data, assumptions, and procedures used shall be documented. (3) The annual average batch vent flow rate for a batch process vent shall be calculated using Equation 15 of this subpart. Where: AFR = Annual average batch vent flow rate for the batch process vent, scmm. DUR i AFR episode, i n = Number of types of batch emission episodes venting from the batch process vent. (f) Determination of cutoff flow rate. CFR = (0.00437) (AE) − 51.6 [Eq. 16] where: CFR = Cutoff flow rate, scmm. AE = Annual TOC or organic HAP emissions, as determined in paragraph (b)(8) of this section, kg/yr. (g) Group 1/Group 2 status determination. (1) If the cutoff flow rate is greater than or equal to the annual average batch vent flow rate of the stream, the batch process vent is classified as a Group 1 batch process vent. (2) If the cutoff flow rate is less than the annual average batch vent flow rate of the stream, the batch process vent is classified as a Group 2 batch process vent. (h) Determination of halogenation status. (1) The concentration of each organic compound containing halogen atoms (ppmv, by compound) for each batch emission episode shall be determined after the last recovery device (if any recovery devices are present), based on any one of the following procedures: (i) Process knowledge that no halogens or hydrogen halides are present in the process may be used to demonstrate that a batch emission episode is nonhalogenated. Halogens or hydrogen halides that are unintentionally introduced into the process shall not be considered in making a finding that a batch emission episode is nonhalogenated. (ii) Engineering assessment as discussed in paragraph (b)(6)(i) of this section. (iii) Average concentration of organic compounds containing halogens and hydrogen halides as measured by Method 26 or 26A, 40 CFR part 60, appendix A. (iv) Any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part. (2) The annual mass emissions of halogen atoms for a batch process vent shall be calculated using Equation 17 of this subpart. Where: E halogen K = Constant, 0.022 (ppmv) −1 AFR = Annual average batch vent flow rate of the batch process vent, determined according to paragraph (e) of this section, scmm. M j, i L j, i n = Number of halogenated compounds j in the batch process vent. m = Number of different halogens i in each compound j of the batch process vent. C avg j Where: DUR i C i n = Number of types of batch emission episodes venting from the batch process vent. (3) The annual mass emissions of halogen atoms for an aggregate batch vent stream shall be the sum of the annual mass emissions of halogen atoms for all batch process vents included in the aggregate batch vent stream. (i) Process changes affecting Group 2 batch process vents. (1) Examples of process changes include the changes listed in paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this section. (i) For all batch process vents, examples of process changes include, but are not limited to, changes in feedstock type or catalyst type; or whenever there is replacement, removal, or modification of recovery equipment considered part of the batch unit operation as specified in paragraph (a)(2) of this section; or increases in production capacity or production rate. For purposes of this paragraph (i), process changes do not include: Process upsets; unintentional, temporary process changes; and changes that are within the margin of variation on which the original group determination was based. (ii) For Group 2 batch process vents where the group determination and batch mass input limitation are based on the expected mix of products, the situations described in paragraphs (i)(1)(ii)(A) and (B) of this section shall be considered to be process changes. (A) The production of combinations of products not considered in establishing the batch mass input limitation. (B) The production of a recipe of a product with a total mass of HAP charged to the reactor during the production of a single batch of product that is higher than the total mass of HAP for the recipe used as the single highest-HAP recipe for that product in the batch mass input limitation determination. (iii) For Group 2 batch process vents where the group determination and batch mass input limitation are based on the single highest-HAP recipe (considering all products produced or processed in the batch unit operation), the production of a recipe having a total mass of HAP charged to the reactor (during the production of a single batch of product) that is higher than the total mass of HAP for the highest-HAP recipe used in the batch mass input limitation determination shall be considered to be a process change. (2) For each batch process vent affected by a process change, the owner or operator shall redetermine the group status by repeating the procedures specified in paragraphs (b) through (g) of this section, as applicable; alternatively, engineering assessment, as described in paragraph (b)(6)(i) of this section, may be used to determine the effects of the process change. (3) Based on the results from paragraph (i)(2) of this section, owners or operators of affected sources shall comply with either paragraph (i)(3)(i), (ii), or (iii) of this section. (i) If the group redetermination described in paragraph (i)(2) of this section indicates that a Group 2 batch process vent has become a Group 1 batch process vent as a result of the process change, the owner or operator shall submit a report as specified in § 63.1327(b) and shall comply with the Group 1 provisions in §§ 63.1322 through 63.1327 in accordance with § 63.1310(i)(2)(ii) or (i)(2)(iii), as applicable. (ii) If the redetermination described in paragraph (i)(2) of this section indicates that a Group 2 batch process vent with annual emissions less than the level specified in paragraph (d) of this section, that is in compliance with § 63.1322(g), now has annual emissions greater than or equal to the level specified in paragraph (d) of this section but remains a Group 2 batch process vent, the owner or operator shall comply with the provisions in paragraphs (i)(3)(ii)(A) through (C) of this section. (A) Redetermine the batch mass input limitation; (B) Submit a report as specified in § 63.1327(c); and (C) Comply with § 63.1322(f), beginning with the year following the submittal of the report submitted according to paragraph (i)(3)(ii)(B) of this section. (iii) If the group redetermination described in paragraph (i)(2) of this section indicates no change in group status or no change in the relation of annual emissions to the levels specified in paragraph (d) of this section, the owner or operator shall comply with paragraphs (i)(3)(iii)(A) and (i)(3)(iii)(B) of this section. (A) The owner or operator shall redetermine the batch mass input limitation; and (B) The owner or operator shall submit the new batch mass input limitation in accordance with § 63.1327(c). (j) Process changes to new SAN affected sources using a batch process. (1) Examples of process changes include, but are not limited to, changes in production capacity, production rate, feedstock type, or catalyst type; replacement, removal, or addition of recovery equipment considered part of a batch unit operation, as specified in paragraph (a)(1) of this section; replacement, removal, or addition of control equipment associated with a continuous or batch process vent or an aggregate batch vent stream. For purposes of this paragraph (j)(1), process changes do not include process upsets or unintentional, temporary process changes. (2) The owner or operator shall redetermine the percent emission reduction achieved using the procedures specified in § 63.1333(c). If engineering assessment, as described in paragraph (b)(6)(i) of this section, can demonstrate that the process change did not cause the percent emission reduction to decrease, it may be used in lieu of redetermining the percent reduction using the procedures specified in § 63.1333(c). (3) Where the redetermined percent reduction is less than 84 percent, the owner or operator of the affected source shall submit a report as specified in § 63.1327(d) and shall comply with § 63.1322(a)(3) and all associated provisions in accordance with § 63.1310(i). [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 65 FR 38113, June 19, 2000; 66 FR 36938, July 16, 2001] § 63.1324 Batch process vents—monitoring equipment. (a) General requirements. (1) This monitoring equipment shall be in operation at all times when batch emission episodes, or portions thereof, that the owner or operator has selected to control are vented to the control device, or at all times when an aggregate batch vent stream is vented to the control device. (2) Except as otherwise provided in this subpart, the owner or operator shall operate control devices such that the daily average of monitored parameters, established as specified in paragraph (f) of this section, remains above the minimum level or below the maximum level, as appropriate. (b) Continuous process vents. (c) Batch process vent and aggregate batch vent stream monitoring equipment. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, the temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Where a flare is used, a device (including but not limited to a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame is required. (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all batch process vents or aggregate batch vent streams are introduced with the primary fuel or are used as the primary fuel is exempt from this requirement. (4) Where a scrubber is used with an incinerator, boiler, or process heater in concert with the combustion of halogenated batch process vents or halogenated aggregate batch vent streams, the following monitoring equipment is required for the scrubber. (i) A pH monitoring device equipped with a continuous recorder to monitor the pH of the scrubber effluent. (ii) A flow measurement device equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the procedures specified in paragraphs (c)(4)(ii)(A) through (c)(4)(ii)(C) of this section. (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop. (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method which will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method which will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 63.1335(a). (5) Where an absorber is used, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device are required, each equipped with a continuous recorder. (6) Where a condenser is used, a condenser exit temperature (product side) monitoring device equipped with a continuous recorder is required. (7) Where a carbon adsorber is used, an integrating regeneration steam flow or nitrogen flow, or pressure monitoring device having an accuracy of ±10 percent of the flow rate, level, or pressure, or better, capable of recording the total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle are required. (8) As an alternate to paragraphs (c)(5) through (c)(7) of this section, the owner or operator may install an organic monitoring device equipped with a continuous recorder. (d) Alternative monitoring parameters. (1) Uses a control device other than those included in paragraph (c) of this section; or (2) Uses one of the control devices included in paragraph (c) of this section, but seeks to monitor a parameter other than those specified in Table 7 of this subpart and paragraph (c) of this section. (e) Monitoring of bypass lines. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.1326(e)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert emissions away from the control device and to the atmosphere; or (2) Secure the bypass line damper or valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the damper or valve is maintained in the non-diverting position and emissions are not diverted through the bypass line. Records shall be generated as specified in § 63.1326(e)(4). (f) Establishment of parameter monitoring levels. (1) For each parameter monitored under paragraph (c) or (d) of this section, the owner or operator shall establish a level, defined as either a maximum or minimum operating parameter as denoted in Table 8 of this subpart, that indicates proper operation of the control device. The level shall be established in accordance with the procedures specified in § 63.1334. The level may be based upon a prior performance test conducted for determining compliance with a regulation promulgated by EPA, and the owner or operator is not required to conduct a performance test under § 63.1325, provided that the prior performance test meets the conditions of § 63.1325(b)(3). (i) For batch process vents using a control device to comply with § 63.1322(a)(2), the established level shall reflect the control efficiency established as part of the initial compliance demonstration specified in § 63.1325(c)(2). (ii) For aggregate batch vent streams using a control device to comply with § 63.1322(b)(2), the established level shall reflect the emission reduction requirement of either 90 percent or 20 ppmv specified in § 63.1322(b)(2). (iii) For batch process vents and aggregate batch vent streams using a control device to comply with § 63.1322(a)(3), the established level shall reflect the control efficiency established as part of the initial compliance demonstration specified in § 63.1325(f)(4). (2) The established level, along with supporting documentation, shall be submitted in the Notification of Compliance Status or the operating permit application as required in § 63.1335(e)(5) or § 63.1335(e)(8), respectively. (3) The operating day shall be defined as part of establishing the parameter monitoring level and shall be submitted with the information in paragraph (f)(2) of this section. The definition of operating day shall specify the time(s) at which an operating day begins and ends. The operating day shall not exceed 24 hours. (4) For continuous process vents using a control or recovery device to comply with § 63.1322(a)(3), the established level shall reflect the control efficiency established as part of the initial compliance demonstration specified in § 63.1325(f)(4). [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38118, June 19, 2000; 66 FR 36938, July 16, 2001; 79 FR 17366, Mar. 27, 2014] § 63.1325 Batch process vents—performance test methods and procedures to determine compliance. (a) Use of a flare. (b) Exceptions to performance tests. (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (2) A boiler or process heater where the vent stream is introduced with the primary fuel or is used as the primary fuel. (3) A control device for which a performance test was conducted for determining compliance with a regulation promulgated by the EPA and the test was conducted using the same Methods specified in this section and either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. Recovery devices used for controlling emissions from continuous process vents complying with § 63.1322(a)(3) are also eligible for the exemption described in this paragraph (b)(3). (4) A boiler or process heater burning hazardous waste for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (5) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (c) Batch process vent testing and procedures for compliance with § 63.1322(a)(2). (1) Performance tests shall be conducted as specified in paragraphs (c)(1)(i) through (c)(1)(v) of this section. (i) Except as specified in paragraph (c)(1)(i)(A) of this section, a test shall be performed for the entire period of each batch emission episode in the batch cycle that the owner or operator selects to control as part of achieving the required 90 percent emission reduction for the batch cycle specified in § 63.1322(a)(2). Only one test is required for each batch emission episode selected by the owner or operator for control. The owner or operator shall follow the procedures listed in paragraphs (c)(1)(i)(B) through (c)(1)(i)(D) of this section. (A) Alternatively, an owner or operator may choose to test only those periods of the batch emission episode during which the emission rate for the entire episode can be determined or during which the emissions are greater than the average emission rate of the batch emission episode. The owner or operator choosing either of these options shall develop an emission profile for the entire batch emission episode, based on either process knowledge or test data collected, to demonstrate that test periods are representative. Examples of information that could constitute process knowledge include calculations based on material balances and process stoichiometry. Previous test results may be used provided the results are still relevant to the current batch process vent conditions. (B) Method 1 or 1A, 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube, except that references to particulate matter in Method 1A do not apply for the purposes of this subpart. No traverse is necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas stream volumetric flow rate. Inlet sampling sites shall be located as specified in paragraphs (c)(1)(i)(B)( 1 2 ( 1 ( 2 (C) Gas stream volumetric flow rate and/or average batch vent flow rate shall be determined as specified in § 63.1323(e). (D) Method 18 or Method 25A, 40 CFR part 60, appendix A shall be used to determine the concentration of organic HAP or TOC, as appropriate. Alternatively, any other method or data that has been validated according to the applicable procedures in Method 301 of appendix A of this part may be used. The use of Method 25A, 40 CFR part 60, appendix A shall conform with the requirements in paragraphs (c)(1)(i)(D)( 1 2 ( 1 ( 2 (ii) If an integrated sample is taken over the entire test period to determine average batch vent concentration of TOC or total organic HAP, emissions per batch emission episode shall be calculated using Equations 19 and 20 of this subpart. Where: E episode K = Constant, 2.494 × 10 −6 −1 C j M j AFR = Average inlet or outlet flow rate of gas stream for the batch emission episode, dry basis, scmm. T h n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (iii) If grab samples are taken to determine average batch vent concentration of TOC or total organic HAP, emissions shall be calculated according to paragraphs (c)(1)(iii)(A) and (B) of this section. (A) For each measurement point, the emission rates shall be calculated using Equations 21 and 22 of this subpart. Where: E point K = Constant, 2.494 × 10 −6 −1 C j M j FR = Inlet or outlet flow rate of gas stream for the measurement point, dry basis, scmm. n = Number of organic HAP in stream. Note: Summation is not applicable if TOC emissions are being estimated using a TOC concentration measured using Method 25A, 40 CFR part 60, appendix A. (B) The emissions per batch emission episode shall be calculated using Equations 23 and 24 of this subpart. where: E episode DUR = Duration of the batch emission episode, hr/episode. E point, i n = Number of measurements. (iv) The control efficiency for the control device shall be calculated using Equation 25 of this subpart. where: R = Control efficiency of control device, percent. E inlet E outlet n = Number of batch emission episodes in the batch cycle selected to be controlled. (v) If the batch process vent entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total organic HAP or TOC across the device shall be determined by comparing the TOC or total organic HAP in all combusted batch process vents and primary and secondary fuels with the TOC or total organic HAP, respectively, exiting the combustion device. (2) The percent reduction for the batch cycle shall be determined using Equation 26 of this subpart and the control device efficiencies specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. All information used to calculate the batch cycle percent reduction, including a definition of the batch cycle identifying all batch emission episodes, shall be recorded as specified in § 63.1326(b)(2). This information shall include identification of those batch emission episodes, or portions thereof, selected for control. Where: PR = Percent reduction E unc E inlet, con R = Control efficiency of control device as specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section. n = Number of uncontrolled batch emission episodes, controlled batch emission episodes, and control devices. The value of n is not necessarily the same for these three items. (i) If a performance test is required by paragraph (c) of this section, the control efficiency of the control device shall be as determined in paragraph (c)(1)(iv) of this section. (ii) If a performance test is not required by paragraph (c) of this section for a combustion control device, as specified in paragraph (b) of this section, the control efficiency shall be 98 percent. The control efficiency for a flare shall be 98 percent. (iii) If a performance test is not required by paragraph (c) of this section for a noncombustion control device, the control efficiency shall be determined by the owner or operator based on engineering assessment. (d) Batch process vent and aggregate batch vent stream testing for compliance with § 63.1322(c) [halogenated emission streams]. (1) Sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions in complying with § 63.1322(c)(1) or at the outlet of the halogen reduction device used to reduce halogen emissions in complying with § 63.1322(c)(2). (2) The mass emissions of each hydrogen halide and halogen compound for the batch cycle or aggregate batch vent stream shall be calculated from the measured concentrations and the gas stream flow rate(s) determined by the procedures specified in paragraphs (d)(2)(i) and (d)(2)(ii) of this section except as specified in paragraph (d)(5) of this section. (i) Method 26 or Method 26A, 40 CFR part 60, appendix A, shall be used to determine the concentration, in Mg per dry scm, of total hydrogen halides and halogens present in the emissions stream. (ii) Gas stream volumetric flow rate and/or average batch vent flow rate shall be determined as specified in § 63.1323(e). (3) To determine compliance with the percent reduction specified in § 63.1322(c)(1), the mass emissions for any hydrogen halides and halogens present at the inlet of the scrubber or other halogen reduction device shall be summed together. The mass emissions of any hydrogen halides or halogens present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by subtracting the outlet mass emissions from the inlet mass emissions and then dividing the result by the inlet mass emissions and multiplying by 100. (4) To determine compliance with the emission limit specified in § 63.1322(c)(2), the annual mass emissions for any hydrogen halides and halogens present at the outlet of the halogen reduction device and prior to any combustion device shall be summed together and compared to the emission limit specified in § 63.1322(c)(2). (5) The owner or operator may use any other method to demonstrate compliance if the method or data has been validated according to the applicable procedures of Method 301 of appendix A of this part. (e) Aggregate batch vent stream testing for compliance with § 63.1322(b)(2) or (b)(3). (1) For purposes of this subpart, when the provisions of § 63.116(c) specify that Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used. The use of Method 25A, 40 CFR part 60, appendix A, shall conform with the requirements in paragraphs (e)(1)(i) and (e)(1)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (2) When § 63.116(c)(4) refers to complying with an emission reduction of 98 percent, for purposes of this subpart, the 90 percent reduction requirement specified in § 63.1322(b)(2) shall apply. (3) When a combustion device is used to comply with the 20 parts per million by volume outlet concentration standard specified in § 63.1322(b)(2), the correction to 3 percent oxygen specified in the performance testing procedures of § 63.116(c)(3) and § 63.116(c)(3)(iii) is only required when supplemental combustion air is used to combust the emissions, for the purposes of this subpart. (f) Compliance with § 63.1322(a)(3) [new SAN batch affected sources]. (1) For batch process vents, performance tests shall be conducted using the procedures specified in paragraph (c) of this section, except that the owner or operator is not required to determine the percent reduction for the batch cycle as specified in paragraph (c)(2) of this section. (2) For continuous process vents, performance tests shall be conducted as required by the applicable requirements of § 63.1315(a) as specified in § 63.1321(b). (3) For aggregate batch vent streams, performance tests shall be conducted as specified in paragraph (e) of this section. (4) Compliance with the percent reduction requirement of § 63.1322(a)(3) shall be demonstrated using the procedures specified in § 63.1333(c) and the control device efficiencies specified in either paragraph (f)(4)(i) or (f)(4)(ii) of this section. Emissions for uncontrolled continuous process vents and aggregate batch vent streams shall be determined based on the direct measurement procedures specified in paragraph (f)(2) and (f)(3) of this section, respectively, or based on engineering assessment, as specified in § 63.1323(b)(6)(i). At the discretion of the owner or operator, emissions for uncontrolled batch process vents shall be determined based on any of the procedures in § 63.1323(b). (i) For noncombustion devices, the control efficiency shall be as determined by the performance test required by paragraph (f)(1), (f)(2), or (f)(3) of this section. Alternatively, if a performance test is not required by paragraph (c) of this section, the control efficiency shall be determined by the owner or operator based on engineering assessment. (ii) For combustion devices, the control efficiency shall be as determined by the performance test required by paragraph (f)(1), (f)(2), or (f)(3) of this section. Alternatively, if a performance test is not required, the control efficiency shall be 98 percent. The control efficiency for a flare shall be 98 percent. (g) Batch mass input limitation. (1) If the expected mix of products serves as the basis for the batch mass input limitation, the batch mass input limitation shall be determined based on any foreseeable combination of products that the owner or operator expects to manufacture. (2) If the single highest-HAP recipe serves as the basis for the batch mass input limitation, the batch mass input limitation shall be determined based solely on the production of the single highest-HAP recipe, considering all products produced or processed in the batch unit operation. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 65 FR 38119, June 19, 2000] § 63.1326 Batch process vents—recordkeeping provisions. (a) Group determination records for batch process vents. (1) An identification of each unique product that has emissions from one or more batch emission episodes venting from the batch process vent, along with an identification of the single highest-HAP recipe for each product and the mass of HAP fed to the reactor for that recipe. (2) A description of, and an emission estimate for, each batch emission episode, and the total emissions associated with one batch cycle, as described in either paragraph (a)(2)(i) or (a)(2)(ii) of this section, as appropriate. (i) If the group determination is based on the expected mix of products, records shall include the emission estimates for the single highest-HAP recipe of each unique product identified in paragraph (a)(1) of this section that was considered in making the group determination under § 63.1323. (ii) If the group determination is based on the single highest-HAP recipe (considering all products produced or processed in the batch unit operation), records shall include the emission estimates for the single highest-HAP recipe. (3) Total annual uncontrolled TOC or organic HAP emissions, determined at the exit from the batch unit operation before any control device, determined in accordance with § 63.1323(b). (i) For Group 2 batch process vents, said emissions shall be determined at the batch mass input limitation. (ii) For Group 1 batch process vents, said emissions shall be those used to determine the group status of the batch process vent. (4) The annual average batch vent flow rate for the batch process vent, determined in accordance with § 63.1323(e). (5) The cutoff flow rate, determined in accordance with § 63.1323(f). (6) The results of the batch process vent group determination, conducted in accordance with § 63.1323(g). (7) If a batch process vent is subject to § 63.1322(a) or (b), none of the records in paragraphs (a)(1) through (a)(6) of this section are required. (8) If the total annual emissions from the batch process vent during the group determination are less than the appropriate level specified in § 63.1323(d), only the records in paragraphs (a)(1) through (a)(3) of this section are required. (9) For each Group 2 batch process vent that is exempt from the batch mass input limitation provisions because it meets the criteria of § 63.1322(h), the records specified in paragraphs (a)(9)(i) and (ii) shall be maintained. (i) Documentation of the maximum design capacity of the TPPU; and (ii) The mass of HAP or material that can be charged annually to the batch unit operation at the maximum design capacity. (b) Compliance demonstration records. (1) The annual mass emissions of halogen atoms in the batch process vent or aggregate batch vent stream determined according to the procedures specified in § 63.1323(h); (2) If the owner or operator of a batch process vent has chosen to comply with § 63.1322(a)(2), records documenting the batch cycle percent reduction as specified in § 63.1325(c)(2); and (3) When using a flare to comply with § 63.1322 (a)(1), (a)(3), (b)(1), or (b)(3): (i) The flare design (i.e., steam-assisted, air-assisted or non-assisted); (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.1333(e); and (iii) Periods when all pilot flames were absent. (4) The following information when using a control device to meet the percent reduction requirement specified in § 63.1322(a)(2), (a)(3), (b)(2), or (b)(3): (i) For an incinerator or non-combustion control device, the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in § 63.1325(c) for batch process vents and § 63.1325(e) for aggregate batch vent streams; (ii) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater; (iii) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the vent stream is introduced with combustion air or used as a secondary fuel and is not mixed with the primary fuel, the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in § 63.1325(c) for batch process vents and § 63.1325(e) for aggregate batch vent streams; and (iv) For a scrubber or other halogen reduction device following a combustion device to control halogenated batch process vents or halogenated aggregate batch vent streams, the percent reduction of total hydrogen halides and halogens as determined under § 63.1325(d)(3) or the emission limit determined under § 63.1325(d)(4). (5) When complying with the 20 parts per million by volume outlet concentration standard specified in § 63.1322(b)(2), records of the outlet concentration of organic HAP or TOC on a dry basis. If supplemental combustion air is used to combust the emissions, the outlet concentration shall be corrected to 3 percent oxygen. If supplemental combustion air is not used, a correction to 3 percent oxygen is not required. (c) Establishment of parameter monitoring level records. (d) Group 2 batch process vent continuous compliance records. (1) The owner or operator of a Group 2 batch process vent that has chosen to comply with § 63.1322(g) shall keep the following records readily accessible: (i) Records designating the established batch mass input limitation required by § 63.1322(g)(1) and specified in § 63.1325(g). (ii) Records specifying the mass of HAP or material charged to the batch unit operation. (2) The owner or operator of a Group 2 batch process vent that has chosen to comply with § 63.1322(f) shall keep the following records readily accessible: (i) Records designating the established batch mass input limitation required by § 63.1322(f)(1) and specified in § 63.1325(g). (ii) Records specifying the mass of HAP or material charged to the batch unit operation. (e) Controlled batch process vent continuous compliance records. (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.1324(c) as applicable, and listed in Table 7 of this subpart, or specified by the Administrator in accordance with § 63.1327(f) as allowed under § 63.1324(d). Said records shall be kept as specified under § 63.1335(d), except as specified in paragraphs (e)(1)(i) and (e)(1)(ii) of this section. (i) For flares, the records specified in Table 7 of this subpart shall be maintained in place of continuous records. (ii) For carbon adsorbers, the records specified in Table 7 of this subpart shall be maintained in place of batch cycle daily averages. (2) Records of the batch cycle daily average value of each continuously monitored parameter, except as provided in paragraph (e)(2)(iii) of this section, as calculated using the procedures specified in paragraphs (e)(2)(i) and (e)(2)(ii) of this section. (i) The batch cycle daily average shall be calculated as the average of all parameter values measured for an operating day during those batch emission episodes, or portions thereof, in the batch cycle that the owner or operator has selected to control. (ii) Monitoring data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments shall not be included in computing the batch cycle daily averages. In addition, monitoring data recorded during periods of non-operation of the TPPU (or specific portion thereof) resulting in cessation of organic HAP emissions, or periods of start-up, shutdown, or malfunction shall not be included in computing the batch cycle daily averages. (iii) If all recorded values for a monitored parameter during an operating day are above the minimum or below the maximum level established in accordance with § 63.1324(f), the owner or operator may record that all values were above the minimum or below the maximum level established rather than calculating and recording a batch cycle daily average for that operating day. (3) Hourly records of whether the flow indicator for bypass lines specified in § 63.1324(e)(1) was operating and whether a diversion was detected at any time during the hour. Also, records of the times of all periods when the vent is diverted from the control device or the flow indicator specified in § 63.1324(e)(1) is not operating. (4) Where a seal or closure mechanism is used to comply with § 63.1324(e)(2), hourly records of whether a diversion was detected at any time are not required. The owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken. (5) Records specifying the times and duration of periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments. In addition, records specifying any other periods of process or control device operation when monitors are not operating. (f) Aggregate batch vent stream continuous compliance records. (1) Continuous records of the equipment operating parameters specified to be monitored under § 63.1324(c) and listed in Table 7 of this subpart, as applicable, or specified by the Administrator in accordance with § 63.1327(f), as allowed under § 63.1324(d), with the exceptions listed in (f)(1)(i) and (f)(1)(ii) of this section. (i) For flares, the records specified in Table 7 of this subpart shall be maintained in place of continuous records. (ii) For carbon adsorbers, the records specified in Table 7 of this subpart shall be maintained in place of daily averages. (2) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.1335(d). (3) For demonstrating compliance with the monitoring of bypass lines as specified in § 63.1324(e), records as specified in paragraphs (e)(3) or (e)(4) of this section, as appropriate. (g) Documentation supporting the establishment of the batch mass input limitation shall include the information specified in paragraphs (g)(1) through (g)(5) of this section, as appropriate. (1) Identification of whether the purpose of the batch mass input limitation is to comply with § 63.1322(f)(1) or (g)(1). (2) Identification of whether the batch mass input limitation is based on the single highest-HAP recipe (considering all products) or on the expected mix of products for the batch process vent as allowed under § 63.1323(a)(1). (3) Definition of the operating year, for the purposes of determining compliance with the batch mass input limitation. (4) If the batch mass input limitation is based on the expected mix of products, the owner or operator shall provide documentation that describes as many scenarios for differing mixes of products (i.e., how many of each type of product) as the owner or operator desires the flexibility to accomplish. Alternatively, the owner or operator shall provide a description of the relationship among the mix of products that will allow a determination of compliance with the batch mass input limitation under any number of scenarios. (5) The mass of HAP or material allowed to be charged to the batch unit operation per year under the batch mass input limitation. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 65 FR 38122, June 19, 2000] § 63.1327 Batch process vents—reporting requirements. (a) The owner or operator of a batch process vent or aggregate batch vent stream at an affected source shall submit the information specified in paragraphs (a)(1) through (a)(6) of this section, as appropriate, as part of the Notification of Compliance Status specified in § 63.1335(e)(5). (1) For each batch process vent complying § 63.1322(a) and each aggregate batch vent stream complying § 63.1322(b), the information specified in § 63.1326 (b) and (c), as applicable. (2) For each Group 2 batch process vent with annual emissions less than the level specified in § 63.1323(d), the information specified in § 63.1326(d)(1)(i). (3) For each Group 2 batch process vent with annual emissions greater than or equal to the level specified in § 63.1323(d), the information specified in § 63.1326(d)(2)(i). (4) For each batch process vent subject to the group determination procedures, the information specified in § 63.1326(a), as appropriate. (5) For each Group 2 batch process vent that is exempt from the batch mass input limitation provisions because it meets the criteria of § 63.1322(h), the information specified in § 63.1326(a)(1) through (3), and the information specified in § 63.1326(a)(4) through (6) as applicable, calculated at the conditions specified in § 63.1322(h). (6) When engineering assessment has been used to estimate emissions from a batch emissions episode and the criteria specified in § 63.1323(b)(6)(i)(A) or (B) have been met, the owner or operator shall submit the information demonstrating that the criteria specified in § 63.1323(b)(6)(i)(A) or (B) have been met as part of the Notification of Compliance Status required by § 63.1335(e)(5). (b) Whenever a process change, as defined in § 63.1323(i)(1), is made that causes a Group 2 batch process vent to become a Group 1 batch process vent, the owner or operator shall notify the Administrator and submit a description of the process change within 180 days after the process change is made or with the next Periodic Report, whichever is later. The owner or operator of an affected source shall comply with the Group 1 batch process vent provisions in §§ 63.1321 through 63.1327 in accordance with § 63.1310(i)(2)(ii). (c) Whenever a process change, as defined in § 63.1323(i)(1), is made that causes a Group 2 batch process vent with annual emissions less than the level specified in § 63.1323(d) for which the owner or operator has chosen to comply with § 63.1322(g) to have annual emissions greater than or equal to the level specified in § 63.1323(d) but remains a Group 2 batch process vent, or if a process change is made that requires the owner or operator to redetermine the batch mass input limitation as specified in § 63.1323(i)(3), the owner or operator shall submit a report within 180 days after the process change is made or with the next Periodic Report, whichever is later. The following information shall be submitted: (1) A description of the process change; (2) The batch mass input limitation determined in accordance with § 63.1322(f)(1). (d) Whenever a process change, as defined in § 63.1323(j)(1), is made that could potentially cause the percent reduction for all process vents at a new SAN affected source using a batch process to be less than 84 percent, the owner or operator shall notify the Administrator and submit a description of the process change within 180 days after the process change is made or with the next Periodic Report, whichever is later. The owner or operator shall comply with § 63.1322(a)(3) and all associated provisions in accordance with § 63.1310(i). (e) The owner or operator is not required to submit a report of a process change if one of the conditions specified in paragraphs (e)(1) or (e)(2) of this section is met. (1) The change does not meet the description of a process change in § 63.1323(i) or (j). (2) The redetermined group status remains Group 2 for an individual batch process vent with annual emissions greater than or equal to the level specified in § 63.1323(d) and the batch mass input limitation does not decrease, a Group 2 batch process vent with annual emissions less than the level specified in § 63.1323(d) complying with § 63.1322(g) continues to have emissions less than the level specified in § 63.1323(d) and the batch mass input limitation does not decrease, or the achieved emission reduction remains at 84 percent or greater for new SAN affected sources using a batch process. (f) If an owner or operator uses a control device other than those specified in § 63.1324(c) and listed in Table 7 of this subpart or requests approval to monitor a parameter other than those specified § 63.1324(c) and listed in Table 7 of this subpart, the owner or operator shall submit a description of planned reporting and recordkeeping procedures, as specified in § 63.1335(f), as part of the Precompliance Report required under § 63.1335(e)(3). The Administrator will specify appropriate reporting and recordkeeping requirements as part of the review of the Precompliance Report. (g) Owners or operators of affected sources complying with § 63.1324(e), shall comply with paragraph (g)(1) or (g)(2) of this section, as appropriate. (1) Submit reports of the times of all periods recorded under § 63.1326(e)(3) when the batch process vent is diverted from the control device through a bypass line, with the next Periodic Report. (2) Submit reports of all occurrences recorded under § 63.1326(e)(4) in which the seal mechanism is broken, the bypass line damper or valve position has changed, or the key to unlock the bypass line damper or valve was checked out, with the next Periodic Report. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38123, June 19, 2000; 66 FR 36938, July 16, 2001] § 63.1328 Heat exchange systems provisions. (a) Except as specified in paragraph (b) of this section, each owner or operator of an affected source shall comply with § 63.104, with the differences noted in paragraphs (c) through (h) of this section, for the purposes of this subpart. (b) The provisions of paragraph (a) of this section do not apply to each process contact cooling tower that is associated with an existing affected source manufacturing PET. (c) When the term “chemical manufacturing process unit” is used in § 63.104, the term “thermoplastic product process unit” shall apply for purposes of this subpart, with the exception noted in paragraph (d) of this section. (d) When the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (b)(3) of this subpart, except for chemical manufacturing process units meeting the condition specified in § 63.100(c) of this subpart” is used in § 63.104(a), the term “a TPPU, except for TPPUs meeting the condition specified in § 63.1310(b)” shall apply for purposes of this subpart. (e) When § 63.104 refers to Table 4 of subpart F of this part or Table 9 of subpart G of this part, the owner or operator is only required to consider organic HAP listed on Table 6 of this subpart, except for ethylene glycol which need not be considered under this section, for purposes of this subpart. (f) When § 63.104(c)(3) specifies the monitoring plan retention requirements, and when § 63.104(f)(1) refers to the record retention requirements in § 63.103(c)(1), the requirements in §§ 63.1335(a) and 63.1335(h) shall apply, for purposes of this subpart. (g) When § 63.104(f)(2) requires information to be reported in the Periodic Reports required by § 63.152(c), the owner or operator shall instead report the information specified in § 63.104(f)(2) in the Periodic Reports required by § 63.1335(e)(6), for the purposes of this subpart. (h) The compliance date for heat exchange systems subject to the provisions of this section is specified in § 63.1311. [65 FR 38124, June 19, 2000] § 63.1329 Process contact cooling towers provisions. (a) The owner or operator of each new affected source that manufactures PET is required to comply with paragraph (b) of this section. The owner or operator of each existing affected source that manufactures PET using a continuous terephthalic acid high viscosity multiple end finisher process that utilizes a process contact cooling tower shall comply with paragraph (c) of this section, and is not required to comply with paragraph (b) of this section. The compliance date for process contact cooling towers subject to the provisions of this section is specified in § 63.1311. (b) New affected source requirements. (1) The owner or operator of a new affected source subject to this section shall not send contact condenser effluent associated with a vacuum system to a process contact cooling tower. (2) The owner or operator of a new affected source subject to this section shall indicate in the Notification of Compliance Status, as required in § 63.1335(e)(5), that contact condenser effluent associated with vacuum systems is not sent to process contact cooling towers. (c) Existing affected source requirements. (1) To determine the ethylene glycol concentration, owners or operators shall follow the procedures specified in 40 CFR 60.564(j)(1), except as provided in paragraph (c)(2) of this section. (i) At least one sample per operating day shall be collected using the procedures specified in 40 CFR 60.564(j)(1)(i). An average ethylene glycol concentration by weight shall be calculated on a daily basis over a rolling 14-day period of operating days. Each daily average ethylene glycol concentration so calculated constitutes a performance test. (ii) The owner or operator may elect to reduce the sampling program to any 14 consecutive operating day period once every two calendar months, if at least seventeen consecutive 14-day rolling average concentrations immediately preceding the reduced sampling program are each less than 1.2 weight percent ethylene glycol. If the average concentration obtained over the 14 operating day sampling during the reduced test period exceeds the upper 95 percent confidence interval calculated from the most recent test results in which no one 14-day average exceeded 1.2 weight percent ethylene glycol, then the owner or operator shall reinstitute a daily sampling program. The 95 percent confidence interval shall be calculated as specified in paragraph (c)(1)(iii) of this section. A reduced program may be reinstituted if the requirements specified in this paragraph (c)(1)(ii) are met. (iii) The upper 95 percent confidence interval shall be calculated using the Equation 27 of this subpart: Where: CI 95 X i n = number of ethylene glycol concentrations. (2) Measuring an alternative parameter, such as carbon oxygen demand or biological oxygen demand, that is demonstrated to be directly proportional to the ethylene glycol concentration shall be allowed. Such parameter shall be measured during the initial 14-day performance test during which the facility is shown to be in compliance with the ethylene glycol concentration standard whereby the ethylene glycol concentration is determined using the procedures described in paragraph (c)(1) of this section. The alternative parameter shall be measured on a daily basis and the average value of the alternative parameter shall be calculated on a daily basis over a rolling 14-day period of operating days. Each daily average value of the alternative parameter constitutes a performance test. (i) Where 40 CFR 60.564(j)(1) requires the use of ASTM D2908-74 or 91, “Standard Practice for Measuring Volatile Organic Matter in Water by Aqueous-Injection Gas Chromatography,” ASTM D2908-91 (2011), D2908-91 (2005), D2908-91 (2001), D2908-91, or D2908-74 (all standards incorporated by reference, see § 63.14) may be used. (ii) Where 40 CFR 60.564(j)(1)(i) requires the use of ASTM D3370-76 or 95a, “Standard Practices for Sampling Water from Closed Conduits,” ASTM D3370-10, D3370-08, D3370-07, D3370-95a, or D3370-76 (all standards incorporated by reference, see § 63.14) may be used. (3) During each performance test, daily measurement and daily average 14-day rolling averages of the ethylene glycol concentration in the cooling tower water shall be recorded. For the initial performance test, these records shall be submitted in the Notification of Compliance Status report. (4) All periods when the 14-day rolling average exceeds the standard shall be reported in the Periodic Report. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38124, June 19, 2000; 79 FR 17366, Mar. 27, 2014] § 63.1330 Wastewater provisions. (a) Except as specified in paragraphs (d) and (e) of this section, the owner or operator of each affected source shall comply with paragraphs (b) and (c) of this section. (b) The owner or operator of each affected source shall comply with the requirements of §§ 63.132 through 63.149, with the differences noted in paragraphs (b)(1) through (b)(22) of this section for the purposes of this subpart. (1) When the determination of equivalence criteria in § 63.102(b) is referred to in §§ 63.132, 63.133, and 63.137, the provisions in § 63.6(g) shall apply for the purposes of this subpart. (2) When the storage vessel requirements contained in §§ 63.119 through 63.123 are referred to in §§ 63.132 through 63.149, §§ 63.119 through 63.123 are applicable, with the exception of the differences referred to in § 63.1314, for the purposes of this subpart. (3) When § 63.146(a) requires the submission of a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g), owners or operators requesting to monitor alternative parameters shall follow the procedures specified in § 63.1335(f) for the purposes of this subpart. (4) When § 63.147(d) requires owners or operators to keep records of the daily average value of each continuously monitored parameter for each operating day as specified in § 63.152(f), owners and operators shall instead keep records of the daily average value of each continuously monitored parameter as specified in § 63.1335(d) for the purposes of this subpart. (5) When §§ 63.132 through 63.149 refer to an “existing source,” the term “existing affected source,” as defined in § 63.1310(a), shall apply for the purposes of this subpart. (6) When §§ 63.132 through 63.149 refer to a “new source,” the term “new affected source,” as defined in § 63.1310(a), shall apply for the purposes of this subpart. (7) When § 63.132(a) and (b) refer to the “applicable dates specified in § 63.100 of subpart F of this part,” the compliance dates specified in § 63.1311 shall apply for the purposes of this subpart. (8) The provisions of paragraphs (b)(8)(i), (b)(8)(ii), and (b)(8)(iii) of this section clarify the organic HAP that an owner or operator shall consider when complying with the requirements in §§ 63.132 through 63.149. (i) When §§ 63.132 through 63.149 refer to table 8 compounds, the owner or operator is only required to consider 1,3-butadiene for purposes of this subpart. (ii) When §§ 63.132 through 63.149 refer to table 9 compounds, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.1312 and that are listed on table 9 of 40 CFR part 63, subpart G, for the purposes of this subpart, except for ethylene glycol which need not be considered. (iii) When §§ 63.132 through 63.149 refer to compounds in table 36 of 40 CFR part 63, subpart G, or compounds on List 1 and/or List 2, as listed on table 36 of 40 CFR part 63, subpart G, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.1312 and that are listed in table 36 of 40 CFR part 63, subpart G, for the purposes of this subpart. (9) Whenever §§ 63.132 through 63.149 refer to a “chemical manufacturing process unit,” the term “thermoplastic product process unit,” (or TPPU) as defined in § 63.1312, shall apply for the purposes of this subpart. In addition, when § 63.149 refers to “a chemical manufacturing process unit that meets the criteria of § 63.100(b) of subpart F of this part,” the term “a TPPU as defined in § 63.1312(b)” shall apply for the purposes of this subpart. (10) Whenever §§ 63.132 through 63.149 refer to a Group 1 wastewater stream or a Group 2 wastewater stream, the definitions of these terms contained in § 63.1312 shall apply for the purposes of this subpart. (11) When § 63.149(d) refers to “§ 63.100(f) of subpart F”, the phrase “§ 63.1310(c)” shall apply for the purposes of this subpart. In addition, where § 63.149(d) states “and the item of equipment is not otherwise exempt from controls by the provisions of subpart A, F, G, or H of this part”, the phrase “and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, H, or JJJ of this part” shall apply for the purposes of this subpart. (12) When § 63.149(e)(1) and (e)(2) refer to “a chemical manufacturing process unit subject to the new source requirements of 40 CFR § 63.100(l)(1) or 40 CFR § 63.100(l)(2),” the phrase “a TPPU that is part of a new affected source or that is a new affected source,” shall apply for the purposes of this subpart. (13) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.138 and 63.146, the Notification of Compliance Status requirements contained in § 63.1335(e)(5) shall apply for the purposes of this subpart. In addition, when §§ 63.132 through 63.149 require that information be reported according to § 63.152(b) in the Notification of Compliance Status, the owner or operator of an affected source shall report the specified information in the Notification of Compliance Status required by § 63.1335(e)(5) for the purposes of this subpart. (14) When the Periodic Report requirements contained in § 63.152(c) are referred to in § 63.146, the Periodic Report requirements contained in § 63.1335(e)(6) shall apply for the purposes of this subpart. In addition, when §§ 63.132 through 63.149 require that information be reported in the Periodic Reports required in § 63.152(c), the owner or operator of an affected source shall report the specified information in the Periodic Reports required in § 63.1335(e)(6) for the purposes of this subpart. (15) When § 63.143(f) specifies that owners or operators shall establish the range that indicates proper operation of the treatment process or control device, the owner or operator shall instead comply with the requirements of § 63.1334(c) or (d) for establishing parameter level maximums/minimums for the purposes of this subpart. (16) When § 63.146(b)(7) and § 63.146(b)(8) require that “the information on parameter ranges specified in § 63.152(b)(2)” be reported in the Notification of Compliance Status, owners and operators of affected sources are instead required to report the information on parameter levels as specified in § 63.1335(e)(5)(ii) for the purposes of this subpart. (17) When the term “range” is used in §§ 63.132 through 63.149, the term “level” apply instead for the purposes of this subpart. This level shall be determined using the procedures specified in § 63.1334. (18) For the purposes of this subpart, the owner or operator of an affected source is not required to include process wastewater streams that contain styrene when conducting performance tests for the purposes of calculating the required mass removal (RMR) or the actual mass removal (AMR) under the provisions described in § 63.145(f) or § 63.145(g). For purposes of this paragraph, a process wastewater stream is considered to contain styrene if the wastewater stream meets the requirements in paragraph (b)(18)(i), (ii), (iii), (iv), or (v) of this section. (i) The wastewater stream originates at equipment that produces ABS or ABS latex; (ii) The wastewater stream originates at equipment that produces EPS; (iii) The wastewater stream originates at equipment that produces MABS; (iv) The wastewater stream originates at equipment that produces MBS; or (v) The wastewater stream originates at equipment that produces SAN. (19) When the provisions of § 63.139(c)(1)(ii), § 63.145(d)(4), or § 63.145(i)(2) specify that Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall conform with the requirements in paragraphs (b)(19)(i) and (b)(19)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (20) In § 63.145(j), instead of the reference to § 63.11(b), and instead of § 63.145(j)(1) and § 63.145(j)(2), the requirements in § 63.1333(e) shall apply. (21) The owner or operator of a facility which receives a Group 1 wastewater stream, or a residual removed from a Group 1 wastewater stream, for treatment pursuant to § 63.132(g) is subject to the requirements of § 63.132(g) with the differences identified in this section, and is not subject to subpart DD of this part with respect to that material. (22) When § 63.132(g) refers to “§§ 63.133 through 63.137” or “§§ 63.133 through 63.147”, the provisions in this section 63.1330 shall apply, for the purposes of this subpart. (c) For each affected source, the owner or operator shall comply with the requirements for maintenance wastewater in § 63.105, except that when § 63.105(a) refers to “organic HAPs listed in table 9 of subpart G of this part,” the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.1312 and that are listed in table 9 of 40 CFR part 63, subpart G, except for ethylene glycol which need not be considered, for the purposes of this subpart. (d) The provisions of paragraph (b) of this section do not apply to each affected source producing ASA/AMSAN. (e) The provisions of paragraphs (b) and (c) of this section do not apply to each affected source producing polystyrene using either a continuous or batch process. [65 FR 38125, June 19, 2000, as amended at 66 FR 36938, July 16, 2001] § 63.1331 Equipment leak provisions. (a) Except § 63.165 and as provided for in paragraphs (b) and (c) of this section, the owner or operator of each affected source shall comply with the requirements of subpart H of this part, with the differences noted in paragraphs (a)(1) through (13) of this section. (1) For an affected source producing polystyrene resin, the indications of liquids dripping, as defined in subpart H of this part, from bleed ports in pumps and agitator seals in light liquid service shall not be considered to be a leak. For purposes of this subpart, a “bleed port” is a technologically-required feature of the pump or seal whereby polymer fluid used to provide lubrication and/or cooling of the pump or agitator shaft exits the pump, thereby resulting in a visible dripping of fluid. (2) The compliance date for the equipment leak provisions contained in this section is provided in § 63.1311. Whenever subpart H of this part refers to the compliance dates specified in any paragraph contained in § 63.100, the compliance dates listed in § 63.1311(d) shall instead apply, for the purposes of this subpart. When § 63.182(c)(4) refers to “sources subject to subpart F,” the phrase “sources subject to this subpart” shall apply, for the purposes of this subpart. In addition, extensions of compliance dates are addressed by § 63.1311(e) instead of § 63.182(a)(6), for the purposes of this subpart. (3) Owners and operators of an affected source subject to this subpart are not required to submit the Initial Notification required by § 63.182(a)(1) and § 63.182(b). (4) As specified in § 63.1335(e)(5), the Notification of Compliance Status required by paragraphs § 63.182(a)(2) and § 63.182(c) shall be submitted within 150 days (rather than 90 days) of the applicable compliance date specified in § 63.1311 for the equipment leak provisions. (5) The information specified by § 63.182(a)(3) and § 63.182(d) (i.e., Periodic Reports) shall be submitted as part of the Periodic Reports required by § 63.1335(e)(6). (6) For pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in light liquid or heavy liquid service; and instrumentation systems; owners or operators of affected sources producing PET shall comply with the requirements of paragraphs (a)(6)(i) and (ii) of this section instead of with the requirements of § 63.139. Owners or operators of PET affected sources shall comply with all other provisions of subpart H of this part for pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in light liquid or heavy liquid service; and instrumentation systems, except as specified in paragraphs (a)(6)(iii) through (v) of this section. (i) A leak is determined to be detected if there is evidence of a potential leak found by visual, audible, or olfactory means. Method 21, 40 CFR part 60, appendix A may not be used to determine the presence or absence of a leak. (ii)(A) When a leak is detected, it shall be repaired as soon as practical, but not later than 15 days after it is detected, except as provided in § 63.171. (B) The first attempt at repair shall be made no later than 5 days after each leak is detected. (C) Repaired shall mean that the visual, audible, olfactory, or other indications of a leak have been eliminated; that no bubbles are observed at potential leak sites during a leak check using soap solution; or that the system will hold a test pressure. (iii) An owner or operator is not required to develop an initial list of identification numbers as would otherwise be required under § 63.181(b)(1)(i) or § 63.181(b)(4). (iv) When recording the detection of a leak under § 63.182(d)(1), the owner or operator of an affected source shall comply with paragraphs (a)(6)(iv)(A) through (a)(6)(iv)(B) of this section. (A) When complying with § 63.181(d)(1), provide an identification number for the leaking equipment at the time of recordkeeping. Further, the owner or operator is not required to record the identification number of the instrument (i.e., Method 21 instrument) because the use of Method 21 is not an acceptable method for determining a leak under this paragraph (a)(6). (B) An owner or operator is not required to comply with § 63.181(d)(4) which requires a record of the maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A. (v) Indications of liquids dripping, as defined in subpart H of this part, from packing glands for pumps in ethylene glycol service where the pump seal is designed to weep fluid shall not be considered to be a leak. Ethylene glycol dripping from pump seals must be captured in a catchpan and returned to the process. (7) When § 63.166(b)(4)(i) refers to Table 9 of subpart G of this part, the owner or operator is only required to consider organic HAP listed on Table 6 of this subpart for purposes of this subpart, except for ethylene glycol which need not be considered. (8) When the provisions of subpart H of this part specify that Method 18, 40 CFR part 60, appendix A, shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used for the purposes of this subpart. The use of Method 25A, 40 CFR part 60, appendix A, shall conform with the requirements in paragraphs (a)(8)(i) and (a)(8)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (9) Requirements for pressure relief devices. (i) Operating requirements. (ii) Pressure release requirements. (A) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as detected by Method 21 of 40 CFR part 60, appendix A, no later than 5 calendar days after the pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in § 63.171. (B) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in § 63.171. (iii) Pressure release management. (A) For each pressure relief device in organic HAP service, the owner or operator must equip each pressure relief device with a device(s) or use a monitoring system that is capable of: ( 1 ( 2 ( 3 (B) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.1335(e)(6)(xiii). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) Pressure relief devices routed to a control device, process, or drain system. (10) If specific items of equipment, comprising part of a process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.), those items of equipment may be aggregated with any TPPU within the affected source for all purposes under subpart H of this part, providing there is no delay in achieving the applicable compliance date. (11) When the terms “equipment” and “equipment leak” are used in subpart H of this part, the definitions of these terms in § 63.1312 shall apply for the purposes of this subpart. (12) The phrase “the provisions of subparts F, I, or JJJ of this part” shall apply instead of the phrase “the provisions of subpart F or I of this part” throughout §§ 63.163 and 63.168, for the purposes of this subpart. In addition, the phrase “subparts F, I, and JJJ” shall apply instead of the phrase “subparts F and I” in § 63.174(c)(2)(iii), for the purposes of this subpart. (13) An owner or operator using a flare to comply with the requirements of this section shall conduct a compliance demonstration as specified in § 63.1333(e). (b) The provisions of this section do not apply to each TPPU producing PET using a process other than a continuous terephthalic acid (TPA) high viscosity multiple end finisher process that is part of an affected source if all of the equipment leak components subject to this section § 63.1331 in the TPPU are either in vacuum service or in heavy liquid service. (1) Owners and operators of a TPPU exempted under paragraph (b) of this section shall comply with paragraph (b)(1)(i) or (b)(1)(ii) of this section. (i) Retain information, data, and analyses used to demonstrate that all of the components in the exempted TPPU are either in vacuum service or in heavy liquid service. For components in vacuum service, examples of information that could document this include, but are not limited to, analyses of process stream composition and process conditions, engineering calculations, or process knowledge. For components in heavy liquid service, such documentation shall include an analysis or demonstration that the process fluids do not meet the criteria of “in light liquid service” or “in gas or vapor service.” (ii) When requested by the Administrator, demonstrate that all of the components in the TPPU are either in vacuum service or in heavy liquid service. (2) If changes occur at a TPPU exempted under paragraph (b) of this section such that all of the components in the TPPU are no longer either in vacuum service or in heavy liquid service (e.g., by either process changes or the addition of new components), the owner or operator of the affected source shall comply with the provisions of this section for all of the components at the TPPU. The owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator. This report may be included in the next Periodic Report, as specified in paragraph (a)(5) of this section. A description of the process change shall be submitted with this report. (c)(1) Each affected source producing PET using a continuous TPA high viscosity multiple end finisher process shall monitor for leaks upon startup following an outage where changes have been made to equipment in gas/vapor or light liquid service. This leak check shall consist of the introduction of hot ethylene glycol vapors into the system for a period of no less than 2 hours during which time sensory monitoring of the equipment shall be conducted. (2) A leak is determined to be detected if there is evidence of a potential leak found by visual, audible, or olfactory means. (3) When a leak is detected, it shall be repaired as soon as practical, but not later than 15 days after it is detected, except as provided in § 63.171. (i) The first attempt at repair shall be made no later than 5 days after each leak is detected. (ii) Repaired shall mean that the visual, audible, olfactory or other indications of a leak have been eliminated; that no bubbles are observed at potential leak sites during a leak check using soap solution; or that the system will hold a test pressure. (4) When a leak is detected, the following information shall be recorded and kept for 2 years and reported in the next periodic report: (i) The instrument and the equipment identification number and the operator name, initials or identification number. (ii) The date the leak was detected and the date of first attempt to repair the leak. (iii) The date of successful repair of the leak. [61 FR 48229, Sept. 12, 1996, as amended at 62 FR 37722, July 15, 1997; 65 FR 38127, June 19, 2000; 66 FR 40907, Aug. 6, 2001; 79 FR 17367, Mar. 27, 2014] § 63.1332 Emissions averaging provisions. (a) This section applies to owners or operators of existing affected sources who seek to comply with § 63.1313(b) by using emissions averaging rather than following the provisions of §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330. (1) The following emission point limitations apply to the use of these provisions: (i) All emission points included in an emissions average shall be from the same affected source. There may be an emissions average for each affected source located at a plant site. (ii)(A) If a plant site has only one affected source for which emissions averaging is being used to demonstrate compliance, the number of emission points allowed in the emissions average for said affected source is limited to twenty. This number may be increased by up to five additional emission points if pollution prevention measures are used to control five or more of the emission points included in the emissions average. (B) If a plant site has two or more affected sources for which emissions averaging is being used to demonstrate compliance, the number of emission points allowed in the emissions averages for said affected sources is limited to twenty. This number may be increased by up to five additional emission points if pollution prevention measures are used to control five or more of the emission points included in the emissions averages. (2) Compliance with the provisions of this section may be based on either organic HAP or TOC. (3) For the purposes of these provisions, whenever Method 18, 40 CFR part 60, appendix A, is specified within the paragraphs of this section or is specified by reference through provisions outside this section, Method 18 or Method 25A, 40 CFR part 60, appendix A, may be used. The use of Method 25A, 40 CFR part 60, appendix A, shall conform with the requirements in paragraphs (a)(3)(i) and (a)(3)(ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (b) Unless an operating permit application has been submitted, the owner or operator shall develop and submit for approval an Emissions Averaging Plan containing all of the information required in § 63.1335(e)(4) for all emission points to be included in an emissions average. (c) Paragraphs (c)(1) through (c)(5) of this section describe the emission points that may be used to generate emissions averaging credits if control was applied after November 15, 1990, and if sufficient information is available to determine the appropriate value of credits for the emission point. Paragraph (c)(6) of this section discusses the use of pollution prevention in generating emissions averaging credits. (1) Storage vessels, batch process vents, aggregate batch vent streams, continuous process vents subject to § 63.1315, and process wastewater streams that are determined to be Group 2 emission points. The term “continuous process vents subject to § 63.1315” includes continuous process vents subject to § 63.1316 (b)(1)(iii), (b)(2)(iii), and (c)(2), which reference § 63.1315. (2) Continuous process vents located in the collection of material recovery sections within the affected source at an existing affected source producing PET using a continuous dimethyl terephthalate process subject to § 63.1316(b)(1)(i) where the uncontrolled organic HAP emissions from said continuous process vents are equal to or less than 0.12 kg organic HAP per Mg of product. These continuous process vents shall be considered Group 2 emission points for the purposes of this section. (3) Storage vessels, continuous process vents subject to § 63.1315, and process wastewater streams that are determined to be Group 1 emission points and that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies shall be submitted and approved as provided in paragraph (i) of this section. (4) Batch process vents and aggregate batch vent streams that are determined to be Group 1 emission points and that are controlled to a level more stringent than the applicable standard. (5) Continuous process vents subject to § 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of process sections within the affected source, as specified in paragraphs (c)(5)(i) through (c)(5)(ii) of this section. The continuous process vents identified in paragraphs (c)(5)(i) through (c)(5)(ii) of this section shall be considered to be Group 1 emission points for the purposes of this section. (i) Continuous process vents subject to § 63.1316(b)(1)(i) located in the collection of material recovery sections within the affected source where the uncontrolled organic HAP emissions for said continuous process vents are greater than 0.12 kg organic HAP per Mg of product and said continuous process vents are controlled to a level more stringent than the applicable standard. (ii) Continuous process vents subject to § 63.1316(b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) located in the collection of process sections within the affected source where the uncontrolled organic HAP emissions from said continuous process vents are controlled to a level more stringent than the applicable standard. (6) The percent reduction for any storage vessel, batch process vent, aggregate batch vent stream, continuous process vent, and process wastewater stream from which emissions are reduced by pollution prevention measures shall be determined using the procedures specified in paragraph (j) of this section. (i) For a Group 1 storage vessel, batch process vent, aggregate batch vent stream, continuous process vent, or process wastewater stream, the pollution prevention measure must reduce emissions more than if the applicable reference control technology or standard had been applied to the emission point instead of the pollution prevention measure, except as provided in paragraph (c)(6)(ii) of this section. (ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 storage vessel, batch process vent, aggregate batch vent stream, continuous process vent, or process wastewater stream, the pollution prevention measure alone does not have to reduce emissions more than the applicable reference control technology or standard, but the combination of the pollution prevention measure and other controls must reduce emissions more than if the applicable reference control technology or standard had been applied instead of the pollution prevention measure. (d) The following emission points cannot be used to generate emissions averaging credits: (1) Emission points already controlled on or before November 15, 1990, cannot be used to generate credits unless the level of control is increased after November 15, 1990. In this case, credit will be allowed only for the increase in control after November 15, 1990. (2) Group 1 emission points, identified in paragraph (c)(3) of this section, that are controlled by a reference control technology cannot be used to generate credits unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph (i) of this section. (3) Emission points for nonoperating TPPU cannot be used to generate credits. TPPU that are shutdown cannot be used to generate credits or debits. (4) Maintenance wastewater cannot be used to generate credits. Wastewater streams treated in biological treatment units cannot be used to generate credits. These two types of wastewater cannot be used to generate credits or debits. For the purposes of this section, the terms wastewater and wastewater stream are used to mean process wastewater. (5) Emission points controlled to comply with a State or Federal rule other than this subpart cannot be used to generate credits, unless the level of control has been increased after November 15, 1990, to a level above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the emission point is subsequently made subject to a State or Federal rule other than this subpart, the emission point may continue to generate emissions averaging credit for the purpose of complying with the previously approved emissions average. (e) For all emission points included in an emissions average, the owner or operator shall perform the following tasks: (1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology or standard for those emission points. Said Group 1 emission points are identified in paragraphs (c)(3) through (c)(5) of this section. Equations in paragraph (g) of this section shall be used to calculate debits. (2) Calculate and record monthly credits for all Group 1 and Group 2 emission points that are over-controlled to compensate for the debits. Equations in paragraph (h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph (c) of this section may be included in the credit calculation, whereas those described in paragraph (d) of this section shall not be included. (3) Demonstrate that annual credits calculated according to paragraph (h) of this section are greater than or equal to debits calculated for the same annual compliance period according to paragraph (g) of this section. (i) The owner or operator may choose to include more than the required number of credit-generating emission points in an emissions average in order to increase the likelihood of being in compliance. (ii) The initial demonstration in the Emissions Averaging Plan or operating permit application that credit-generating emission points will be capable of generating sufficient credits to offset the debits from the debit-generating emission points shall be made under representative operating conditions. After the compliance date, actual operating data will be used for all debit and credit calculations. (4) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis. (5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.1335(e)(6). Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.1335(e)(6)(x)(C)( 2 (f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs (g) and (h) of this section, respectively, and shall not include emissions during periods of monitoring excursions, as defined in § 63.1334(f). For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs (f)(1) through (3) of this section. (1) No credits would be assigned to the credit-generating emission point. (2) Maximum debits would be assigned to the debit-generating emission point. (3) The owner or operator may demonstrate to the Administrator that full or partial credits or debits should be assigned using the procedures in paragraph (l) of this section. (g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or is controlled to a level less stringent than the applicable reference control technology or standard and the emissions allowed for the Group 1 emission point. Said Group 1 emission points are identified in paragraphs (c)(3) through (c)(5) of this section. Debits shall be calculated as follows: (1) Source-wide debits shall be calculated using Equation 28 of this subpart. Debits and all terms of Equation 28 of this subpart are in units of megagrams per month: Where: ECPV iACTUAL iACTUAL (0.02)ECPV iu iu ECPVS jACTUAL jACTUAL ECPVS jSTD jSTD ES iACTUAL iACTUAL (BL)ES iu iu EWW iACTUAL iACTUAL EWW ic ic EBPV iACTUAL ACTUAL (0.10)EBPV iu iu EABV iACTUAL iACTUAL (0.10)EABV iu iu n = The number of emission points being included in the emissions average. (2) Emissions from continuous process vents subject to § 63.1315 shall be calculated as follows: (i) For purposes of determining continuous process vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be after the final product recovery device, if any recovery devices are present; before any control device (for continuous process vents, recovery devices shall not be considered control devices); and before discharge to the atmosphere. Method 1 or 1A, 40 CFR part 60, appendix A, shall be used for selection of the sampling site. (ii) ECPV iu Where: ECPV iu Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. h = Monthly hours of operation during which positive flow is present in the continuous process vent, hours per month. Cj = Concentration, parts per million by volume, dry basis, of organic HAP j as measured by Method 18, 40 CFR part 60, appendix A. Mj = Molecular weight of organic HAP j, gram per gram-mole. n = Number of organic HAP in stream. (A) The values of Q and Cj shall be determined during a performance test conducted under representative operating conditions. The values of Q and Cj shall be established in the Notification of Compliance Status and shall be updated as provided in paragraph (g)(2)(ii)(B) of this section. (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q and Cj are no longer representative, a new performance test shall be conducted to determine new representative values of Q and Cj. These new values shall be used to calculate debits and credits from the time of the change forward, and the new values shall be reported in the next Periodic Report. (iii) The following procedures and equations shall be used to calculate ECPV iACTUAL (A) If the continuous process vent is not controlled by a control device or pollution prevention measure, ECPV iACTUAL iu iu (B) If the continuous process vent is controlled using a control device or a pollution prevention measure achieving less than 98 percent reduction, calculate ECPV iACTUAL ( 1 ( 2 iACTUAL 2 ( 3 (3) Emissions from continuous process vents located in the collection of process sections within the affected source subject to § 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) shall be calculated as follows: (i) The total organic HAP emissions from continuous process vents located in the collection of process sections j within the affected source, ECPVS jACTUAL 2 jACTUAL (ii)(A) ECPVSjstd shall be calculated using Equation 31 of this subpart. Where: ECPVS jstd EF std = 0.00002 Mg organic HAP/Mg of product, if the collection of process sections within the affected source is subject to § 63.1316 (b)(1)(ii) or (b)(2)(ii). = 0.00004 Mg organic HAP/Mg of product, if the collection of process sections within the affected source is subject to § 63.1316(b)(2)(i). = 0.0000036 Mg organic HAP/Mg of product, if the collection of process sections within the affected source is subject to § 63.1316(c)(1). PPj = Polymer produced, Mg/month, for the collection of process sections j within the affected source, as calculated according to paragraph (g)(3)(ii)(B) of this section. (B) The amount of polymer produced, Mg per month, for the collection of process sections j within the affected source shall be determined by determining the weight of polymer pulled from the process line(s) during a 30-day period. The polymer produced shall be determined by direct measurement or by an alternate methodology, such as materials balance. If an alternate methodology is used, a description of the methodology, including all procedures, data, and assumptions shall be submitted as part of the Emissions Averaging Plan required by § 63.1335(e)(4). (C) Alternatively, ECPVS jstd jstd (4) Emissions from storage vessels shall be calculated using the procedures specified in § 63.150(g)(3). (5) Emissions from wastewater streams shall be calculated using the procedures in § 63.150(g)(5). (6) Emissions from batch process vents shall be calculated as follows: (i) EBPV iu (ii) The following procedures and equations shall be used to determine EBPV iACTUAL (A) If the batch process vent is not controlled by a control device or pollution prevention measure, EBPV iACTUAL iu iu (B) If the batch process vent is controlled using a control device or a pollution prevention measure achieving less than 90 percent reduction for the batch cycle, calculate EBPV iACTUAL ( 1 ( 2 ( 3 (7) Emissions from aggregate batch vent streams shall be calculated as follows: (i) For purposes of determining aggregate batch vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be before any control device and before discharge to the atmosphere. Method 1 or 1A, 40 CFR part 60, appendix A, shall be used for selection of the sampling site. (ii) EABV iu Where: EABV iu Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, as appropriate. h = Monthly hours of operation during which positive flow is present from the aggregate batch vent stream, hours per month. C j M j n = Number of organic HAP in the stream. (A) The values of Q and Cj shall be determined during a performance test conducted under representative operating conditions. The values of Q and Cj shall be established in the Notification of Compliance Status and shall be updated as provided in paragraph (g)(7)(ii)(B) of this section. (B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q and C j j (iii) The following procedures and equations shall be used to calculate EABV iACTUAL (A) If the aggregate batch vent stream is not controlled by a control device or pollution prevention measure, EABV iACTUAL iu iu (B) If the aggregate batch vent stream is controlled using a control device or a pollution prevention measure achieving less than 90 percent reduction, calculate EABV iACTUAL ( 1 ( 2 (h) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from that Group 1 or Group 2 emission point that has been controlled after November 15, 1990 to a level more stringent than what is required by this subpart or any other State or Federal rule or statute. Said Group 1 and Group 2 emission points are identified in paragraphs (c)(1) through (c)(5) of this section. Credits shall be calculated using Equation 35 of this subpart. (1) Sourcewide credits shall be calculated using Equation 35 of this subpart. Credits and all terms of Equation 35 of this subpart are in units of megagrams per month, and the baseline date is November 15, 1990: Where: D = Discount factor = 0.9 for all credit generating emission points except those controlled by a pollution prevention measure; discount factor = 1.0 for each credit generating emission point controlled by a pollution prevention measure (i.e., no discount provided). ECPV1 iACTUAL iACTUAL (0.02)ECPV1 iu iu ECPVS1 jSTD jSTD ECPVS1 jACTUAL jACTUAL ECPV2 iACTUAL iACTUAL ECPV2 iBASE iBASE ECPVS2 jBASE jBASE ECPVS2 jACTUAL jACTUAL ES1 iACTUAL iACTUAL (BL)ES1 iu iu ES2 iACTUAL iACTUAL ES2 iBASE iBASE EWW1 iACTUAL iACTUAL EWW1 ic ic EWW2 iACTUAL iACTUAL EWW2 iBASE iBASE (0.10)EBPV1 iu iu EBPV1 iACTUAL iACTUAL (0.10)EABV1 iu iu EABV1 iACTUAL iACTUAL EBPV2 iBASE iBASE EBPV2 iACTUAL iACTUAL EABV2 iBASE iBASE EABV2 iACTUAL iACTUAL n = Number of Group 1 emission points included in the emissions average. The value of n is not necessarily the same for continuous process vents, batch process vents, aggregate batch vent streams, storage vessels, wastewater streams, or the collection of process sections within the affected source. m = Number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for continuous process vents, batch process vents, aggregate batch vent streams, storage vessels, wastewater streams, or the collection of process sections within the affected source. (i) Except as specified in paragraph (h)(1)(iv) of this section, for an emission point controlled using a reference control technology, the percent reduction for calculating credits shall be no greater than the nominal efficiency associated with the reference control technology, unless a higher nominal efficiency is assigned as specified in paragraph (h)(1)(ii) of this section. (ii) For an emission point controlled to a level more stringent than the reference control technology, the nominal efficiency for calculating credits shall be assigned as described in paragraph (i) of this section. A reference control technology may be approved for use in a different manner and assigned a higher nominal efficiency according to the procedures in paragraph (i) of this section. (iii) For an emission point controlled using a pollution prevention measure, the nominal efficiency for calculating credits shall be as determined as described in paragraph (j) of this section. (iv) For Group 1 and Group 2 batch process vents and Group 1 and Group 2 aggregate batch vent streams, the percent reduction for calculating credits shall be the percent reduction determined according to the procedures in paragraphs (h)(6)(ii) and (h)(6)(iii) of this section for batch process vents and paragraphs (h)(7)(ii) and (h)(7)(iii) of this section for aggregate batch vent streams. (2) Emissions from continuous process vents subject to § 63.1315 shall be determined as follows: (i) Uncontrolled emissions from Group 1 continuous process vents (ECPV1 iu iu (ii) Actual emissions from Group 1 continuous process vents controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction (ECPV1 iACTUAL (iii) The following procedures shall be used to calculate actual emissions from Group 2 continuous process vents (ECPV2 iACTUAL (A) For a Group 2 continuous process vent controlled by a control device, a recovery device applied as a pollution prevention project, or a pollution prevention measure, where the control achieves a percent reduction less than or equal to 98 percent reduction, use Equation 37 of this subpart. ( 1 iu iu 3 ( 2 1 3 4 ( 3 iu iu iu ( 4 (B) For a Group 2 continuous process vent controlled using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent reduction, use Equation 38 of this subpart. (iv) Emissions from Group 2 continuous process vents at baseline shall be calculated as follows: (A) If the continuous process vent was uncontrolled on November 15, 1990, ECPV2 iBASE iu iu (B) If the continuous process vent was controlled on November 15, 1990, use Equation 39 of this subpart. ( 1 iu iu ( 2 1 3 (C) If a recovery device was added as part of a pollution prevention project initiated after November 15, 1990, ECPV2 iBASE iu iu 3 (3) Emissions from continuous process vents subject to § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) shall be determined as follows: (i) Emissions from Group 1 continuous process vents located in the collection of process sections j within the affected source if the applicable standard had been applied to the uncontrolled emissions (ECPVS1 jstd (ii) Actual emissions from Group 1 continuous process vents located in the collection of process sections j within the affected source controlled to a level more stringent than the applicable standard (ECPVS1 jACTUAL std jACTUAL jACTUAL (iii) Actual emissions from Group 2 continuous process vents subject to § 63.1316(b)(1)(i) located in the collection of material recovery sections j within the affected source (ECPVS2 jACTUAL std (iv) Emissions from Group 2 continuous process vents subject to § 63.1316(b)(1)(i) located in the collection of material recovery sections j within the affected source at baseline (ECPVS2 jBASE std (4)(i) Emissions from storage vessels shall be calculated using the procedures specified in § 63.150(h)(3). (ii) Actual emissions from Group 1 storage vessels at an existing affected source producing ASA/AMSAN subject to § 63.1314(c) using a technology with an approved nominal efficiency greater than 98 percent or a pollution prevention measure achieving greater than 98 percent emission reduction shall be calculated using the procedures specified in § 63.150(h)(3)(ii). (5) Emissions from wastewater streams shall be calculated using the procedures specified in § 63.150(h)(5). (6) Emissions from batch process vents shall be determined as follows: (i) Uncontrolled emissions from Group 1 batch process vents (EBPV1 iu (ii) Actual emissions from Group 1 batch process vents controlled to a level more stringent than the standard (EBPV1 iACTUAL (A) The percent reduction for the batch cycle shall be calculated according to the procedures in § 63.1325(c)(2). (B) The percent reduction for control devices shall be determined according to the procedures in § 63.1325(c)(2)(i) through (c)(2)(iii). (C) The percent reduction of pollution prevention measures shall be calculated using the procedures specified in paragraph (j) of this section. (iii) Actual emissions from Group 2 batch process vents (EBPV2 iACTUAL iu (iv) Emissions from Group 2 batch process vents at baseline (EBPV2 iBASE (A) If the batch process vent was uncontrolled on November 15, 1990, EBPV2 iBASE iu (B) If the batch process vent was controlled on November 15, 1990, use Equation 42 of this subpart and the procedures in paragraphs (h)(6)(ii)(A) through (h)(6)(ii)(C) of this section. EBPV2 iu (7) Emissions from aggregate batch vent streams shall be determined as follows: (i) Uncontrolled emissions from Group 1 aggregate batch vent streams (EABV1 iu iu (ii) Actual emissions from Group 1 aggregate batch vent streams controlled to a level more stringent than the standard (EABV1 iACTUAL (A) The percent reduction for control devices shall be determined according to the procedures in § 63.1325(e). (B) The percent reduction of pollution prevention measures shall be calculated using the procedures specified in paragraph (j) of this section. (iii) Actual emissions from Group 2 aggregate batch vent streams (EABV2 iACTUAL iu iu (iv) Emissions from Group 2 aggregate batch vent streams at baseline shall be calculated as follows: (A) If the aggregate batch vent stream was uncontrolled on November 15, 1990, EABV2 iBASE iu iu (B) If the aggregate batch vent stream was controlled on November 15, 1990, use Equation 45 of this subpart and the procedures in paragraphs (h)(7)(ii)(A) through (h)(7)(ii)(B) of this section. EABV2 iu iu (i) The following procedures shall be followed to establish nominal efficiencies for emission controls for storage vessels, continuous process vents, and process wastewater streams. The procedures in paragraphs (i)(1) through (i)(6) of this section shall be followed for control technologies that are different in use or design from the reference control technologies and achieve greater percent reductions than the percent efficiencies assigned to the reference control technologies in § 63.111. (1) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology, and the different control technology will be used in more than three applications at a single plant-site, the owner or operator shall submit the information specified in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as specified in § 63.1335(e)(7)(ii), to the Director of the EPA Office of Air Quality Planning and Standards in writing: (i) Emission stream characteristics of each emission point to which the control technology is or will be applied including the kind of emission point, flow, organic HAP concentration, and all other stream characteristics necessary to design the control technology or determine its performance. (ii) Description of the control technology including design specifications. (iii) Documentation demonstrating to the Administrator's satisfaction the control efficiency of the control technology. This may include performance test data collected using an appropriate EPA Method or any other method validated according to Method 301, 40 CFR part 63, appendix A, of this part. If it is infeasible to obtain test data, documentation may include a design evaluation and calculations. The engineering basis of the calculation procedures and all inputs and assumptions made in the calculations shall be documented. (iv) A description of the parameter or parameters to be monitored to ensure that the control technology will be operated in conformance with its design and an explanation of the criteria used for selection of that parameter (or parameters). (2) The Administrator shall determine within 120 days whether an application presents sufficient information to determine nominal efficiency. The Administrator reserves the right to request specific data in addition to the items listed in paragraph (i)(1) of this section. (3) The Administrator shall determine within 120 days of the submittal of sufficient data whether a control technology shall have a nominal efficiency and the level of that nominal efficiency. If, in the Administrator's judgment, the control technology achieves a level of emission reduction greater than the reference control technology for a particular kind of emission point, the Administrator will publish a Federal Register (4) The Administrator may grant permission to take emission credits for use of the control technology. The Administrator may also impose requirements that may be necessary to ensure operation and maintenance to achieve the specified nominal efficiency. (5) In those cases where the owner or operator is seeking permission to take credit for use of a control technology that is different in use or design from the reference control technology and the different control technology will be used in no more than three applications at a single plant site, the owner or operator shall submit the information listed in paragraphs (i)(1)(i) through (i)(1)(iv) of this section, as specified in § 63.1335(e)(7)(ii), to the Administrator. (i) In these instances, use and conditions for use of the control technology may be approved by the permitting authority as part of an operating permit application or modification. The permitting authority shall follow the procedures specified in paragraphs (i)(2) through (i)(4) of this section except that, in these instances, a Federal Register (ii) If, in reviewing the application, the permitting authority believes the control technology has broad applicability for use by other affected sources, the permitting authority shall submit the information provided in the application to the Director of the EPA Office of Air Quality Planning and Standards. The Administrator shall review the technology for broad applicability and may publish a Federal Register (6) If, in reviewing an application for a control technology for an emission point, the Administrator or permitting authority determines the control technology is not different in use or design from the reference control technology, the Administrator or permitting authority shall deny the application. (j) The following procedures shall be used for calculating the efficiency (percent reduction) of pollution prevention measures for storage vessels, continuous process vents, batch process vents, aggregate batch vent streams, and wastewater streams: (1) A pollution prevention measure is any practice that meets the criteria of paragraphs (j)(1)(i) and (j)(1)(ii) of this section. (i) A pollution prevention measure is any practice that results in a lesser quantity of organic HAP emissions per unit of product released to the atmosphere prior to out-of-process recycling, treatment, or control of emissions, while the same product is produced. (ii) Pollution prevention measures may include: substitution of feedstocks that reduce organic HAP emissions; alterations to the production process to reduce the volume of materials released to the environment; equipment modifications; housekeeping measures; and in-process recycling that returns waste materials directly to production as raw materials. Production cutbacks do not qualify as pollution prevention. (2) The emission reduction efficiency of pollution prevention measures implemented after November 15, 1990, may be used in calculating the actual emissions from an emission point in the debit and credit equations in paragraphs (g) and (h) of this section. (i) For pollution prevention measures, the percent reduction used in the equations in paragraphs (g)(2) through (g)(7) of this section and paragraphs (h)(2) through (h)(7) of this section is the percent difference between the monthly organic HAP emissions for each emission point after the pollution prevention measure for the most recent month versus monthly emissions from the same emission point before the pollution prevention measure, adjusted by the volume of product produced during the two monthly periods. (ii) Equation 46 of this subpart shall be used to calculate the percent reduction of a pollution prevention measure for each emission point. Where: Percent reduction = Efficiency of pollution prevention measure (percent organic HAP reduction). E B E pp P B B P pp (A) The monthly emissions before the pollution prevention measure, E B (B) For wastewater, E B Where: n = Number of wastewater streams. Q Bi H Bi s = Total number of organic HAP in wastewater stream i. F em HAP Bim (C) If the pollution prevention measure was implemented prior to September 12, 1996 records may be used to determine E B (D) The monthly emissions after the pollution prevention measure, E pp (E) For wastewater, E pp ppi ppi m ppim ppi ppi ppim (iii) All equations, calculations, test procedures, test results, and other information used to determine the percent reduction achieved by a pollution prevention measure for each emission point shall be fully documented. (iv) The same pollution prevention measure may reduce emissions from multiple emission points. In such cases, the percent reduction in emissions for each emission point shall be calculated. (v) For the purposes of the equations in paragraphs (h)(2) through (h)(7) of this section used to calculate credits for emission points controlled more stringently than the reference control technology or standard, the nominal efficiency of a pollution prevention measure is equivalent to the percent reduction of the pollution prevention measure. When a pollution prevention measure is used, the owner or operator of an affected source is not required to apply to the Administrator for a nominal efficiency and is not subject to paragraph (i) of this section. (k) The owner or operator shall demonstrate that the emissions from the emission points proposed to be included in the emissions average will not result in greater hazard or, at the option of the Administrator, greater risk to human health or the environment than if the emission points were controlled according to the provisions in §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330. (1) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the Administrator. (i) The Administrator may require owners and operators to use specific methodologies and procedures for making a hazard or risk determination. (ii) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use. (2) Owners and operators shall provide documentation demonstrating the hazard or risk equivalency of their proposed emissions average in their operating permit application or in their Emissions Averaging Plan if an operating permit application has not yet been submitted. (3) An Emissions Averaging Plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the Emissions Averaging Plan as are necessary in order to ensure that the emissions average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330. (4) A hazard or risk equivalency demonstration shall: (i) Be a quantitative, bona fide chemical hazard or risk assessment; (ii) Account for differences in chemical hazard or risk to human health or the environment; and (iii) Meet any requirements set by the Administrator for such demonstrations. (l) For periods of parameter monitoring excursions, an owner or operator may request that the provisions of paragraphs (l)(1) through (l)(4) of this section be followed instead of the procedures in paragraphs (f)(2)(i) and (f)(2)(ii) of this section. (1) The owner or operator shall notify the Administrator of monitoring excursions in the Periodic Reports as required in § 63.1335(e)(6). (2) The owner or operator shall demonstrate that other types of monitoring data or engineering calculations are appropriate to establish that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. This demonstration shall be made to the Administrator's satisfaction, and the Administrator may establish procedures of demonstrating compliance that are acceptable. (3) The owner or operator shall provide documentation of the excursion and the other type of monitoring data or engineering calculations to be used to demonstrate that the control device for the emission point was operating in such a fashion to warrant assigning full or partial credits and debits. (4) The Administrator may assign full or partial credit and debits upon review of the information provided. (m) For each emission point included in an emissions average, the owner or operator shall perform testing, monitoring, recordkeeping, and reporting equivalent to that required for Group 1 emission points complying with §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, and 63.1330, as applicable. The specific requirements for continuous process vents, batch process vents, aggregate batch vent streams, storage vessels, and wastewater operations that are included in an emissions average for an affected source are identified in paragraphs (m)(1) through (m)(7) of this section. (1) For each continuous process vent subject to § 63.1315 equipped with a flare, incinerator, boiler, or process heater, as appropriate to the control technique: (i) Determine whether the continuous process vent is Group 1 or Group 2 according to the procedures specified in § 63.1315; (ii) Conduct initial performance tests to determine percent reduction according to the procedures specified in § 63.1315; and (iii) Monitor the operating parameters, keep records, and submit reports according to the procedures specified in § 63.1315. (2) For each continuous process vent subject to § 63.1315 equipped with a carbon adsorber, absorber, or condenser but not equipped with a control device, as appropriate to the control technique: (i) Determine the flow rate, organic HAP concentration, and TRE index value according to the procedures specified in § 63.1315; and (ii) Monitor the operating parameters, keep records, and submit reports according to the procedures specified in § 63.1315. (3) For continuous process vents subject to § 63.1316(b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1): (i) Determine whether the emissions from the continuous process vents subject to § 63.1316(b)(1)(i) located in the collection of material recovery sections within the affected source are greater than, equal to, or less than 0.12 kg organic HAP per Mg of product according to the procedures specified in § 63.1318(b); (ii) Determine the emission rate, ER HAP (iii) [Reserved] (iv) Monitor the operating parameters, keep records, and submit reports according to the procedures specified in § 63.1317, § 63.1319, § 63.1320. (4) For each storage vessel controlled with an internal floating roof, external roof, or a closed vent system with a control device, as appropriate to the control technique: (i) Perform the monitoring or inspection procedures according to the procedures specified in § 63.1314; (ii) Perform the reporting and recordkeeping procedures according to the procedures specified in § 63.1314; and (iii) For closed vent systems with control devices, conduct an initial design evaluation and submit an operating plan according to the procedures specified in § 63.1314. (5) For wastewater emission points, as appropriate to the control technique: (i) For wastewater treatment processes, conduct tests according to the procedures specified in § 63.1330; (ii) Conduct inspections and monitoring according to the procedures specified in § 63.1330; (iii) Implement a recordkeeping program according to the procedures specified in § 63.1330; and (iv) Implement a reporting program according to the procedures specified in § 63.1330. (6) For each batch process vent and aggregate batch vent stream equipped with a control device, as appropriate to the control technique: (i) Determine whether the batch process vent or aggregate batch vent stream is Group 1 or Group 2 according to the procedures in § 63.1323; (ii) Conduct performance tests according to the procedures specified in § 63.1325; (iii) Conduct monitoring according to the procedures specified in § 63.1324; and (iv) Perform the recordkeeping and reporting procedures according to the procedures specified in §§ 63.1326 and 63.1327. (7) If an emission point in an emissions average is controlled using a pollution prevention measure or a device or technique for which no monitoring parameters or inspection procedures are required by §§ 63.1314, 63.1315, 63.1316 through 63.1320, 63.1321, or 63.1330, the owner or operator shall submit the information specified in § 63.1335(f) for alternate monitoring parameters or inspection procedures in the Emissions Averaging Plan or operating permit application. (n) Records of all information required to calculate emission debits and credits shall be retained for 5 years. (o) Precompliance Reports, Emission Averaging Plans, Notifications of Compliance Status, Periodic Reports, and other reports shall be submitted as required by § 63.1335. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11549, Mar. 9, 1999; 79 FR 17367, Mar. 27, 2014] § 63.1333 Additional requirements for performance testing. (a) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested and in accordance with § 63.7(a)(1), (a)(3), (d), (e)(2), (e)(4), (g), and (h), with the exceptions specified in paragraphs (a)(1) through (5) of this section and the additions specified in paragraphs (b) through (d) of this section. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator or an applicable subpart. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. Sections 63.1314 through 63.1330 also contain specific testing requirements. (1) Performance tests shall be conducted according to the provisions of § 63.7(e)(2), except that performance tests shall be conducted at maximum representative operating conditions achievable during one of the time periods described in paragraph (a)(1)(i) of this section, without causing any of the situations described in paragraph (a)(1)(ii) of this section to occur. (i) The 6-month period that ends 2 months before the Notification of Compliance Status is due, according to § 63.1335(e)(5); or the 6-month period that begins 3 months before the performance test and ends 3 months after the performance test. (ii) Causing damage to equipment; necessitating that the owner or operator make product that does not meet an existing specification for sale to a customer; or necessitating that the owner or operator make product in excess of demand. (2) The requirements in § 63.1335(e)(5) shall apply instead of the references in § 63.7(g) to the Notification of Compliance Status requirements in § 63.9(h). (3) Because the site-specific test plans in § 63.7(c)(3) are not required, § 63.7(h)(4)(ii) is not applicable. (4) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 days before the performance test is scheduled to allow the Administrator the opportunity to have an observer present during the test. If after 30 days notice for an initially scheduled performance test, there is a delay (due to operational problems, etc.) in conducting the scheduled performance test, the owner or operator of an affected facility shall notify the Administrator as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the Administrator by mutual agreement. (5) Performance tests shall be performed no later than 150 days after the compliance dates specified in this subpart (i.e., in time for the results to be included in the Notification of Compliance Status), rather than according to the time periods in § 63.7(a)(2) of subpart A of this part. (b) Each owner or operator of an existing affected source producing MBS complying with § 63.1315(b)(2) shall determine compliance with the mass emission per mass product standard by using Equation 49 of this subpart. When determining E i Where: ER MBS E i PP M n = Number of continuous process vents. (1) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume. (2) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (c) The owner or operator of an affected source, complying with § 63.1322(a)(3) shall determine compliance with the percent reduction requirement using Equation 50 of this subpart. Where: PR = Percent reduction H j E i E o H k E ku AE unc n = Number of control devices, uncontrolled continuous process vents and aggregate batch vent streams, and uncontrolled batch process vents. The value of n is not necessarily the same for these three items. (d) Data shall be reduced in accordance with the EPA approved methods specified in the applicable subpart or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part. (e) Notwithstanding any other provision of this subpart, if an owner or operator of an affected source uses a flare to comply with any of the requirements of this subpart, the owner or operator shall comply with paragraphs (e)(1) through (e)(3) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. If a compliance demonstration has been conducted previously for a flare, using the techniques specified in paragraphs (e)(1) through (e)(3) of this section, that compliance demonstration may be used to satisfy the requirements of this paragraph if either no deliberate process changes have been made since the compliance demonstration, or the results of the compliance demonstration reliably demonstrate compliance despite process changes. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4); (2) Determine the net heating value of the gas being combusted, using the techniques specified in § 63.11(b)(6); and (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000; 79 FR 17637, Mar. 27, 2014] § 63.1334 Parameter monitoring levels and excursions. (a) Establishment of parameter monitoring levels. (1) The owner or operator shall operate control and recovery devices such that the daily average of monitored parameters remains above the minimum established level or below the maximum established level, except as otherwise stated in this subpart. (2) As specified in § 63.1335(e)(5), all established levels, along with their supporting documentation and the definition of an operating day, shall be submitted as part of the Notification of Compliance Status. (3) Nothing in this section shall be construed to allow a monitoring parameter excursion caused by an activity that violates other applicable provisions of subpart A, F, G, or H of this part. (b) Establishment of parameter monitoring levels based exclusively on performance tests. (1) [Reserved] (2) Continuous process vents. (3) Batch process vents. (i) If more than one batch emission episode or more than one portion of a batch emission episode has been selected to be controlled, a single level for the batch cycle shall be calculated as follows: (A) The average monitored parameter value shall be calculated for each batch emission episode, or portion thereof, in the batch cycle selected to be controlled. The average shall be based on all values measured during the required performance test. (B) If the level to be established is a maximum operating parameter, the level shall be defined as the minimum of the average parameter values of the batch emission episodes, or portions thereof, in the batch cycle selected to be controlled (i.e., identify the emission episode, or portion thereof, which requires the lowest parameter value in order to assure compliance. The average parameter value that is necessary to assure compliance for that emission episode, or portion thereof, shall be the level for all emission episodes, or portions thereof, in the batch cycle, that are selected to be controlled). (C) If the level to be established is a minimum operating parameter, the level shall be defined as the maximum of the average parameter values of the batch emission episodes, or portions thereof, in the batch cycle selected to be controlled (i.e., identify the emission episode, or portion thereof, which requires the highest parameter value in order to assure compliance. The average parameter value that is necessary to assure compliance for that emission episode, or portion thereof, shall be the level for all emission episodes, or portions thereof, in the batch cycle, that are selected to be controlled). (D) Alternatively, an average monitored parameter value shall be calculated for the entire batch cycle based on all values measured during each batch emission episode, or portion thereof, selected to be controlled. (ii) Instead of establishing a single level for the batch cycle, as described in paragraph (b)(3)(i) of this section, an owner or operator may establish separate levels for each batch emission episode, or portion thereof, selected to be controlled. Each level shall be determined as specified in paragraph (b)(3)(i)(A) of this section. (iii) The batch cycle shall be defined in the Notification of Compliance Status, as specified in § 63.1335(e)(5). Said definition shall include an identification of each batch emission episode and the information required to determine parameter monitoring compliance for partial batch cycles (i.e., when part of a batch cycle is accomplished during two different operating days). (4) Aggregate batch vent streams. (c) Establishment of parameter monitoring levels based on performance tests, supplemented by engineering assessments and/or manufacturer's recommendations. (d) Establishment of parameter monitoring based on engineering assessments and/or manufacturer's recommendations. (e) [Reserved] (f) Parameter monitoring excursion definitions. (i) When the daily average value of one or more monitored parameters is above the maximum level or below the minimum level established for the given parameters. (ii) When the period of control or recovery device operation, with the exception noted in paragraph (f)(1)(v) of this section, is 4 hours or greater in an operating day, and monitoring data are insufficient, as defined in paragraph (f)(1)(iv) of this section, to constitute a valid hour of data for at least 75 percent of the operating hours. (iii) When the period of control or recovery device operation, with the exception noted in paragraph (f)(1)(v) of this section, is less than 4 hours in an operating day and more than two of the hours during the period of operation do not constitute a valid hour of data due to insufficient monitoring data, as defined in paragraph (f)(1)(iv) of this section. (iv) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (f)(1)(ii) and (f)(1)(iii) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. For data compression systems approved under § 63.1335(g)(3), monitoring data are insufficient to calculate a valid hour of data if there are less than four data measurements made during the hour. (v) The periods listed in paragraphs (f)(1)(v)(A) and (B) of this section are not considered to be part of the period of control or recovery device operation, for the purposes of paragraphs (f)(1)(ii) and (iii) of this section. (A) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (B) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (2) With respect to batch process vents, an excursion means one of the two cases listed in paragraphs (f)(2)(i) and (f)(2)(ii) of this section. For a control device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria in either paragraph (f)(2)(i) or (f)(2)(ii) of this section, this is considered a single excursion for the control device. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. (i) When the batch cycle daily average value of one or more monitored parameters is above the maximum or below the minimum established level for the given parameters. (ii) When monitoring data are insufficient for an operating day. Monitoring data shall be considered insufficient when measured values are not available for at least 75 percent of the 15-minute periods when batch emission episodes selected to be controlled are being vented to the control device during the operating day, using the procedures specified in paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D) of this section. (A) Determine the total amount of time during the operating day when batch emission episodes selected to be controlled are being vented to the control device. (B) Subtract the time during the periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments from the total amount of time determined in paragraph (f)(2)(ii)(A) of this section, to obtain the operating time used to determine if monitoring data are insufficient. (C) Determine the total number of 15-minute periods in the operating time used to determine if monitoring data are insufficient, as was determined in accordance with paragraph (f)(2)(ii)(B) of this section. (D) If measured values are not available for at least 75 percent of the total number of 15-minute periods determined in paragraph (f)(2)(ii)(C) of this section, the monitoring data are insufficient for the operating day. (3) For storage vessels where the applicable monitoring plan does not specify continuous monitoring, an excursion is defined in paragraph (f)(3)(i) or (ii) of this section, as applicable. For a control or recovery device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria, this is considered a single excursion for the control or recovery device. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. (i) If the monitoring plan specifies monitoring a parameter and recording its value at specific intervals (such as every 15 minutes or every hour), either of the cases listed in paragraph (f)(3)(i)(A) or (f)(3)(i)(B) of this section is considered a single excursion for the control device. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. (A) When the average value of one or more parameters, averaged over the duration of the filling period for the storage vessel, is above the maximum level or below the minimum level established for the given parameters. (B) When monitoring data are insufficient. Monitoring data shall be considered insufficient when measured values are not available for at least 75 percent of the specific intervals at which parameters are to be monitored and recorded, according to the storage vessel's monitoring plan, during the filling period for the storage vessel. (ii) If the monitoring plan does not specify monitoring a parameter and recording its value at specific intervals (for example, if the relevant operating requirement is to exchange a disposable carbon canister before expiration of its rated service life), the monitoring plan shall define an excursion in terms of the relevant operating requirement. (4) With respect to continuous process vents complying with the mass emissions per mass product requirements specified in § 63.1316(b)(1)(i)(A), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1)(i), an excursion has occurred when the mass emission rate calculated as specified in § 63.1318(c) exceeds the appropriate mass emissions per mass product requirement. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. (5) With respect to continuous process vents complying with the temperature limits for final condensers specified in § 63.1316(b)(1)(i)(B) or (c)(1)(ii), an excursion has occurred when the daily average exit temperature exceeds the appropriate condenser temperature limit. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. The periods listed in paragraphs (f)(5)(i) and (ii) of this section are not considered to be part of the period of operation for the condenser for purposes of determining the daily average exit temperature. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (6) With respect to new affected sources producing SAN using a batch process, an excursion has occurred when the percent reduction calculated using the procedures specified in § 63.1333(c) is less than 84 percent. For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. The periods listed in paragraphs (f)(6)(i) and (ii) of this section are not considered to be part of the period of control or recovery device operation for purposes of determining the percent reduction. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (7) With respect to continuous process vents complying with the mass emissions per mass product requirement specified in § 63.1315(b)(2), an excursion has occurred when the mass emission rate calculated as specified in § 63.1333(b) exceeds the mass emissions per mass product requirement specified in § 63.1315(b)(2). For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart. [61 FR 48229, Sept. 12, 1996, as amended at 65 FR 38128, June 19, 2000; 79 FR 17368, Mar. 27, 2014] § 63.1335 General recordkeeping and reporting provisions. (a) Data retention. (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. The remaining 4 and one-half years of records may be retained offsite. Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (2) If an owner or operator submits copies of reports to the appropriate EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of those reports. (b) Requirements of subpart A of this part. (1) Malfunction recordkeeping and reporting. (A) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, and duration of each failure. (B) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (C) Record actions taken to minimize emissions in accordance with § 63.1310(j)(4), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (ii) Reports of malfunctions. (2) Application for approval of construction or reconstruction. (c) [Reserved] (d) Recordkeeping and documentation. (1) The monitoring system shall measure data values at least once every 15 minutes. (2) The owner or operator shall record either each measured data value or block average values for 1 hour or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. Owners or operators of batch process vents shall record each measured data value. (3) Daily average (or batch cycle daily average) values of each continuously monitored parameter shall be calculated for each operating day as specified in paragraphs (d)(3)(i) through (d)(3)(ii) of this section, except as specified in paragraphs (d)(6) and (d)(7) of this section. (i) The daily average value or batch cycle daily average shall be calculated as the average of all parameter values recorded during the operating day, except as specified in paragraph (d)(7) of this section. For batch process vents, as specified in § 63.1326(e)(2)(i), only parameter values measured during those batch emission episodes, or portions thereof, in the batch cycle that the owner or operator has chosen to control shall be used to calculate the average. The calculated average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous. (ii) The operating day shall be the period the owner or operator specifies in the operating permit or the Notification of Compliance Status for purposes of determining daily average values or batch cycle daily average values of monitored parameters. (4)-(5) [Reserved] (6) Records required when all recorded values are within the established limits. (7) Monitoring data recorded during periods identified in paragraphs (d)(7)(i) and (ii) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device or recovery device operation when monitors are not operating. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (8) For continuous monitoring systems used to comply with this subpart, records documenting the completion of calibration checks, and records documenting the maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or that are specified in other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (9) The owner or operator of an affected source granted a waiver under § 63.10(f) shall maintain the information, if any, specified by the Administrator as a condition of the waiver of recordkeeping or reporting requirements. (10) For pressure relief devices in organic HAP service, keep records of the information specified in paragraphs (d)(10)(i) through (v) of this section, as applicable. (i) A list of identification numbers for pressure relief devices that the owner or operator elects to equip with a closed-vent system and control device, subject to the provisions in § 63.1331(a)(9)(iv). (ii) A list of identification numbers for pressure relief devices subject to the provisions in § 63.1331(a)(9)(i). (iii) A list of identification numbers for pressure relief devices equipped with rupture disks, subject to the provisions in § 63.1331(a)(9)(ii)(B). (iv) The dates and results of the Method 21 of 40 CFR part 60, appendix A, monitoring following a pressure release for each pressure relief device subject to the provisions in § 63.1331(a)(9)(i) and (ii). The results shall include: (A) The background level measured during each compliance test. (B) The maximum instrument reading measured at each piece of equipment during each compliance test. (v) For pressure relief devices in organic HAP service subject to § 63.1331(a)(9)(iii), keep records of each pressure release to the atmosphere, including the following information: (A) The source, nature, and cause of the pressure release. (B) The date, time, and duration of the pressure release. (C) The quantity of total HAP emitted during the pressure release and the calculations used for determining this quantity. (D) The actions taken to prevent this pressure release. (E) The measures adopted to prevent future such pressure releases. (e) Reporting and notification. (1) Owners and operators shall not be in violation of the reporting requirements of this subpart for failing to submit information required to be included in a specified report if the owner or operator meets the requirements in paragraphs (e)(1)(i) through (e)(1)(iii) of this section. Examples of circumstances where this paragraph may apply include information related to newly-added equipment or emission points, changes in the process, changes in equipment required or utilized for compliance with the requirements of this subpart, or changes in methods or equipment for monitoring, recordkeeping, or reporting. (i) The information was not known in time for inclusion in the report specified by this subpart; (ii) The owner or operator has been diligent in obtaining the information; and (iii) The owner or operator submits a report according to the provisions of paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this section. (A) If this subpart expressly provides for supplements to the report in which the information is required, the owner or operator shall submit the information as a supplement to that report. The information shall be submitted no later than 60 days after it is obtained, unless otherwise specified in this subpart. (B) If this subpart does not expressly provide for supplements, but the owner or operator must submit a request for revision of an operating permit pursuant to part 70 or part 71, due to circumstances to which the information pertains, the owner or operator shall submit the information with the request for revision to the operating permit. (C) In any case not addressed by paragraph (e)(1)(iii)(A) or (e)(1)(iii)(B) of this paragraph, the owner or operator shall submit the information with the first Periodic Report, as required by this subpart, which has a submission deadline at least 60 days after the information is obtained. (2) All reports required under this subpart shall be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of an affected source, reports may be submitted on electronic media. (3) Precompliance Report. (i) Submittal dates. (ii) A request for an extension for compliance, as specified in § 63.1311(e), may be submitted in the Precompliance Report. The request for a compliance extension shall include the data outlined in § 63.6(i)(6)(i)(A), (B), and (D), as required in § 63.1311(e)(1). (iii) The alternative monitoring parameter information required in paragraph (f) of this section shall be submitted in the Precompliance Report if, for any emission point, the owner or operator of an affected source seeks to comply through the use of a control technique other than those for which monitoring parameters are specified in this subpart or in subpart G of this part or seeks to comply by monitoring a different parameter than those specified in this subpart or in subpart G of this part. (iv) If the affected source seeks to comply using alternative continuous monitoring and recordkeeping as specified in paragraph (g) of this section, the owner or operator shall submit a request for approval in the Precompliance Report. (v) The owner or operator shall report the intent to use alternative emission standards to comply with the provisions of this subpart in the Precompliance Report. The Administrator may deem alternative emission standards to be equivalent to the standard required by the subpart, under the procedures outlined in § 63.6(g). (vi) If a request for approval to use engineering assessment to estimate emissions from a batch emissions episode, as described in § 63.1323(b)(6)(i)(C) is being made, the information required by § 63.1323(b)(6)(iii)(B) shall be submitted in the Precompliance Report. (vii) If an owner or operator establishes parameter monitoring levels according to the procedures contained in § 63.1334(c) or (d), the following information shall be submitted in the Precompliance Report: (A) Identification of which procedures (i.e., § 63.1334(c) or (d)) are to be used; and (B) A description of how the parameter monitoring level is to be established. If the procedures in § 63.1334(c) are to be used, a description of how performance test data will be used shall be included. (viii) [Reserved] (ix) Supplements to the Precompliance Report may be submitted as specified in paragraphs (e)(3)(ix)(A) or (e)(3)(ix)(B) of this section. Unless the Administrator objects to a request submitted in a supplement to the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. (A) Supplements to the Precompliance Report may be submitted to clarify or modify information previously submitted. (B) Supplements to the Precompliance Report may be submitted to request approval to use alternative monitoring parameters, as specified in paragraph (e)(3)(iii) of this section; to use alternative continuous monitoring and recordkeeping, as specified in paragraph (e)(3)(iv) of this section; to use alternative controls, as specified in paragraph (e)(3)(v) of this section; to use engineering assessment to estimate emissions from a batch emissions episode, as specified in paragraph (e)(3)(vi) of this section; or to establish parameter monitoring levels according to the procedures contained in § 63.1334(c) or (d), as specified in paragraph (e)(3)(vii) of this section. (4) Emissions Averaging Plan. For all existing affected sources using emissions averaging, an Emissions Averaging Plan shall be submitted for approval according to the schedule and procedures described in paragraph (e)(4)(i) of this section. The Emissions Averaging Plan shall contain the information specified in paragraph (e)(4)(ii) of this section, unless the information required in paragraph (e)(4)(ii) of this section is submitted with an operating permit application. An owner or operator of an affected source who submits an operating permit application instead of an Emissions Averaging Plan shall submit the information specified in paragraph (e)(8) of this section. In addition, a supplement to the Emissions Averaging Plan, as required under paragraph (e)(4)(iii) of this section, is to be submitted whenever additional alternative controls or operating scenarios may be used to comply with this subpart. Updates to the Emissions Averaging Plan shall be submitted in accordance with paragraph (e)(4)(iv) of this section. (i) Submittal and approval. (ii) Information required. (A) The required information shall include the identification of all emission points in the planned emissions average and, where applicable, notation of whether each storage vessel, continuous process vent, batch process vent, aggregate batch vent stream, and process wastewater stream is a Group 1 or Group 2 emission point, as defined in § 63.1312 or as designated under § 63.1332 (c)(3) through (c)(5). (B) The required information shall include the projected emission debits and credits for each emission point and the sum for the emission points involved in the average calculated according to § 63.1332. The projected credits shall be greater than or equal to the projected debits, as required under § 63.1332(e)(3). (C) The required information shall include the specific control technology or pollution prevention measure that will be used for each emission point included in the average and date of application or expected date of application. (D) The required information shall include the specific identification of each emission point affected by a pollution prevention measure. To be considered a pollution prevention measure, the criteria in § 63.1332(j)(1) shall be met. If the same pollution prevention measure reduces or eliminates emissions from multiple emission points in the average, the owner or operator shall identify each of these emission points. (E) The required information shall include a statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in § 63.1332 (m), (n), and (o) that are applicable to each emission point in the emissions average will be implemented beginning on or before the date of compliance. (F) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(F)( 1 5 ( 1 ( 2 ( 3 ( 4 ( 5 (G) The information specified in paragraph (f) of this section shall be included in the Emissions Averaging Plan for: ( 1 ( 2 (H) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(H)( 1 5 ( 1 ( 2 ( 3 ( 4 ( 5 (I) For each pollution prevention measure or control device used to reduce air emissions of organic HAP from each collection of continuous process vents located in a process section within the affected source subject to § 63.1316 (b)(1)(i), (b)(1)(ii), (b)(2)(i), (b)(2)(ii), or (c)(1) and for which no monitoring parameters or inspection procedures are specified in § 63.114, the information specified in paragraph (f) of this section, Alternative Monitoring Parameters, shall be included in the Emissions Averaging Plan. (J) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(J)( 1 3 ( 1 ( 2 ( 3 (K) For each pollution prevention measure or control device used to reduce air emissions of organic HAP from batch process vents or aggregate batch vent streams and for which no monitoring parameters or inspection procedures are specified in § 63.1324, the information specified in paragraph (f) of this section, Alternative Monitoring Parameters, shall be included in the Emissions Averaging Plan. (L) The required information shall include documentation of the data listed in paragraphs (e)(4)(ii)(L)( 1 4 ( 1 ( 2 ( 3 ( i ( ii ( iii ( 4 ( i ( ii (M) For each pollution prevention measure, treatment process, or control device used to reduce air emissions of organic HAP from wastewater and for which no monitoring parameters or inspection procedures are specified in § 63.143, the information specified in paragraph (f) of this section, Alternative Monitoring Parameters, shall be included in the Emissions Averaging Plan. (N) The required information shall include documentation of the data required by § 63.1332(k). The documentation shall demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the Administrator, greater risk to human health or the environment than if the emission points were not included in an emissions average. (iii) Supplement to Emissions Averaging Plan. (iv) Updates to Emissions Averaging Plan. (A) The owner or operator who plans to make a change listed in either paragraph (e)(4)(iv)(A)( 1 2 ( 1 ( 2 (B) The owner or operator who has made a change as defined in paragraph (e)(4)(iv)(B)( 1 2 ( 1 ( 2 (C) The Administrator shall approve or request changes to the Emissions Averaging Plan update within 120 days of receipt of sufficient information regarding the change for emission points included in emissions averages. (5) Notification of Compliance Status. (i) The results of any emission point group determinations, process section applicability determinations, performance tests, inspections, any other information used to demonstrate compliance, values of monitored parameters established during performance tests, and any other information required to be included in the Notification of Compliance Status under §§ 63.1311(m), 63.122, and 63.1314 for storage vessels, § 63.117 for continuous process vents, § 63.146 for process wastewater, §§ 63.1316 through 63.1320 for continuous process vents subject to § 63.1316, § 63.1327 for batch process vents, § 63.1329 for process contact cooling towers, and § 63.1332 for emission points included in an emissions average. In addition, the owner or operator of an affected source shall comply with paragraphs (e)(5)(i)(A) and (e)(5)(i)(B) of this section. (A) For performance tests, group determinations, and process section applicability determinations that are based on measurements, the Notification of Compliance Status shall include one complete test report, as described in paragraph (e)(5)(i)(B) of this section, for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other information, from the test report, that is requested on a case-by-case basis by the Administrator shall be submitted, but a complete test report is not required. (B) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (ii) For each monitored parameter for which a maximum or minimum level is required to be established under § 63.114(e) for continuous process vents, § 63.1324 for batch process vents and aggregate batch vent streams, § 63.143(f) for process wastewater, § 63.1332(m) for emission points in emissions averages, paragraph (e)(8) of this section, or paragraph (f) of this section, the Notification of Compliance Status shall contain the information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section, unless this information has been established and provided in the operating permit application. Further, as described in § 63.1314(a)(9), for those storage vessels for which the monitoring plan required by § 63.1314(a)(9) specifies compliance with the provisions of § 63.1334, the owner or operator shall provide the information specified in paragraphs (e)(5)(ii)(A) through (e)(5)(ii)(D) of this section for each monitored parameter, unless this information has been established and provided in the operating permit application. For those storage vessels for which the monitoring plan required by § 63.1314(a)(9) does not require compliance with the provisions of § 63.1334, the owner or operator shall provide the information specified in § 63.120(d)(3) as part of the Notification of Compliance Status, unless this information has been established and provided in the operating permit application. (A) The required information shall include the specific maximum or minimum level of the monitored parameter(s) for each emission point. (B) The required information shall include the rationale for the specific maximum or minimum level for each parameter for each emission point, including any data and calculations used to develop the level and a description of why the level indicates proper operation of the control device. (C) The required information shall include a definition of the affected source's operating day, as specified in paragraph (d)(3)(ii) of this section, for purposes of determining daily average values or batch cycle daily average values of monitored parameters. (D) For batch process vents, the required information shall include a definition of each batch cycle that requires the control of one or more batch emission episodes during the cycle, as specified in §§ 63.1325(c)(2) and 63.1334(b)(3)(iii). (iii) For emission points included in an emissions average, the Notification of Compliance Status shall contain the values of all parameters needed for input to the emission credit and debit equations in § 63.1332 (g) and (h), calculated or measured according to the procedures in § 63.1332 (g) and (h), and the resulting calculation of credits and debits for the first quarter of the year. The first quarter begins on the compliance date specified. (iv) The determination of applicability for flexible operation units as specified in § 63.1310(f). (v) The parameter monitoring levels for flexible operation units, and the basis on which these levels were selected, or a demonstration that these levels are appropriate at all times, as specified in § 63.1310(f)(7). (vi) The results for each predominant use determination made under § 63.1310(g), for storage vessels assigned to an affected source subject to this subpart. (vii) The results for each predominant use determination made under § 63.1310(h), for recovery operations equipment assigned to an affected source subject to this subpart. (viii) For owners or operators of Group 2 batch process vents establishing a batch mass input limitation as specified in § 63.1325(g), the affected source's operating year for purposes of determining compliance with the batch mass input limitation. (ix) If any emission point is subject to this subpart and to other standards as specified in § 63.1311, and if the provisions of § 63.1311 allow the owner or operator to choose which testing, monitoring, reporting, and recordkeeping provisions will be followed, then the Notification of Compliance Status shall indicate which rule's requirements will be followed for testing, monitoring, reporting, and recordkeeping. (x) An owner or operator who transfers a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream for treatment pursuant to § 63.132(g) shall include in the Notification of Compliance Status the name and location of the transferee and a description of the Group 1 wastewater stream or residual sent to the treatment facility. (xi) An owner or operator complying with paragraph (h)(1) of this section shall notify the Administrator of the election to comply with paragraph (h)(1) of this section as part of the Notification of Compliance Status or as part of the appropriate Periodic Report as specified in paragraph (e)(6)(ix) of this section. (xii) For pressure relief devices in organic HAP service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), a description of the alarms or other methods by which operators will be notified of a pressure release, and a description of how the owner or operator will determine the information to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section (i.e., the duration of the pressure release and the methodology and calculations for determining of the quantity of total HAP emitted during the pressure release). For existing and new affected sources, the owner or operator shall submit Periodic Reports as specified in paragraphs (e)(6)(i) through (xiii) of this section. In addition, for equipment leaks subject to § 63.1331, with the exception of § 63.1331(c), the owner or operator shall submit the information specified in § 63.182(d) under the conditions listed in § 63.182(d), and for heat exchange systems subject to § 63.1328, the owner or operator shall submit the information specified in § 63.104(f)(2) as part of the Periodic Report required by this paragraph (e)(6). (6) Periodic Reports. (i) Except as specified in paragraphs (e)(6)(xi) and (e)(6)(xii) of this section, a report containing the information in paragraph (e)(6)(ii) of this section or containing the information in paragraphs (e)(6)(iii) through (e)(6)(x) of this section, as appropriate, shall be submitted semiannually no later than 60 days after the end of each 6-month period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due. (ii) If none of the compliance exceptions specified in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-month period, the Periodic Report required by paragraph (e)(6)(i) of this section shall be a statement that there were no compliance exceptions as described in this paragraph for the 6-month period covered by that report and no activities specified in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section occurred during the 6-month period covered by that report. (iii) For an owner or operator of an affected source complying with the provisions of §§ 63.1314 through 63.1330 for any emission point or process section, Periodic Reports shall include: (A) All information specified in § 63.122 for storage vessels; §§ 63.117 and 63.118 and § 63.1320 for continuous process vents, as applicable; § 63.1327 for batch process vents and aggregate batch vent streams; § 63.104 for heat exchange systems; and § 63.146 for process wastewater; (B) The daily average values or batch cycle daily average values of monitored parameters for unexcused excursions, as defined in § 63.1334(f). For excursions caused by lack of monitoring data, the start-time and duration of periods when monitoring data were not collected shall be specified. (C) [Reserved] (D) The information in paragraphs (e)(6)(iii)(D)( 1 4 ( 1 ( 2 ( 3 3 i 3 ii ( i ( ii ( 4 (E) The information in paragraph (b)(1)(ii) of this section for reports of malfunctions. (iv) For each batch process vent with a batch mass input limitation, every second Periodic Report shall include the mass of HAP or material input to the batch unit operation during the 12-month period covered by the preceding and current Periodic Reports, and a statement of whether the batch process vent was in or out of compliance with the batch mass input limitation. (v) If any performance tests are reported in a Periodic Report, the following information shall be included: (A) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (e)(5)(i)(B) of this section. (B) For additional tests performed for the same kind of emission point using the same method, results and any other information, pertaining to the performance test, that is requested on a case-by-case basis by the Administrator shall be submitted, but a complete test report is not required. (vi) Notification of a change in the primary product of a TPPU, in accordance with the provisions in § 63.1310(f). This includes a change in primary product from one thermoplastic product to either another thermoplastic product or to a non-thermoplastic product. (vii) The results for each change made to a predominant use determination made under § 63.1310(g) for a storage vessel that is assigned to an affected source subject to this subpart after the change. (viii) The Periodic Report shall include the results for each change made to a predominant use determination made under § 63.1310(h) for recovery operations equipment assigned to an affected source subject to this subpart after the change. (ix) An owner or operator complying with paragraph (h)(1) of this section shall notify the Administrator of the election to comply with paragraph (h)(1) of this section as part of the Periodic Report or as part of the Notification of Compliance Status as specified in paragraph (e)(5)(xi) of this section. (x) An owner or operator electing not to retain daily average or batch cycle daily average values under paragraph (h)(2) of this section shall notify the Administrator as specified in paragraph (h)(2)(i) of this section. (xi) The owner or operator of an affected source shall submit quarterly reports for all emission points included in an emissions average as specified in paragraphs (e)(6)(xi)(A) through (e)(6)(xi)(C) of this section. (A) The quarterly reports shall be submitted no later than 60 days after the end of each quarter. The first report shall be submitted with the Notification of Compliance Status no later than 150 days after the compliance date. (B) The quarterly reports shall include the information specified in paragraphs (e)(6)(xi)(B)( 1 7 ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( 7 (C) Every fourth quarterly report shall include the following: ( 1 ( 2 (xii) The owner or operator of an affected source shall submit quarterly reports for particular emission points and process sections not included in an emissions average as specified in paragraphs (e)(6)(xii)(A) through (e)(6)(xii)(D) of this section. (A) The owner or operator of an affected source shall submit quarterly reports for a period of 1 year for an emission point or process section that is not included in an emissions average if: ( 1 ( 2 (B) The quarterly reports shall include all information specified in paragraphs (e)(6)(iii) through (e)(6)(ix) of this section applicable to the emission point or process section for which quarterly reporting is required under paragraph (e)(6)(xii)(A) of this section. Information applicable to other emission points within the affected source shall be submitted in the semiannual reports required under paragraph (e)(6)(i) of this section. (C) Quarterly reports shall be submitted no later than 60 days after the end of each quarter. (D) After quarterly reports have been submitted for an emission point for 1 year without one or more excursions occurring (during that year), the owner or operator may return to semiannual reporting for the emission point or process section. (xiii) For pressure relief devices in organic HAP service, Periodic Reports must include the information specified in paragraphs (e)(6)(xiii)(A) through (C) of this section. (A) For pressure relief devices in organic HAP service subject to § 63.1331(a)(9), report confirmation that all monitoring to show compliance was conducted within the reporting period. (B) For pressure relief devices in organic HAP gas or vapor service subject to § 63.1331(a)(9)(ii), report any instrument reading of 500 ppm above background or greater, more than 5 calendar days after the pressure release. (C) For pressure relief devices in organic HAP service subject to § 63.1331(a)(9)(iii), report each pressure release to the atmosphere, including the following information: ( 1 ( 2 ( 3 ( 4 ( 5 (7) Other reports. (i) For storage vessels, the notifications of inspections required by § 63.1314 shall be submitted as specified in § 63.122 (h)(1) and (h)(2). (ii) For owners or operators of affected sources required to request approval for a nominal control efficiency for use in calculating credits for an emissions average, the information specified in § 63.1332(i) shall be submitted as specified in paragraph (e)(7)(ii)(A) or (B) of this section, as appropriate. (A) If use of a nominal control efficiency is part of the initial Emissions Averaging Plan described in paragraph (e)(4)(ii) of this section, the information shall be submitted with the Emissions Averaging Plan. (B) If an owner or operator elects to use a nominal control efficiency after submittal of the initial Emissions Averaging Plan as described in paragraph (e)(4)(ii) of this section, the information shall be submitted at the discretion of the owner or operator. (iii) When the conditions of § 63.1310(f)(3)(iii), § 63.1310(f)(9), or § 63.1310(f)(10)(iii) are met, reports of changes to the primary product for a TPPU or process unit as required by § 63.1310(f)(3)(iii), § 63.1310(f)(9), or § 63.1310(f)(10)(iii)(C), respectively, shall be submitted. (iv) Owners or operators of TPPU or emission points (other than equipment leak components subject to § 63.1331) that are subject to § 63.1310(i)(1) or (i)(2) shall submit a report as specified in paragraphs (e)(7)(iv)(A) and (B) of this section. (A) Reports shall include: ( 1 ( 2 ( 3 3 i 3 iii ( i ( ii ( iii ( 4 (B) Reports shall be submitted as specified in paragraphs (e)(7)(iv)(B)( 1 3 ( 1 ( 2 ( 3 (8) Operating permit application. (i) The information specified in paragraph (e)(4) of this section for points included in an emissions average; and (ii) The information specified in paragraph (e)(3) of this section, Precompliance Report, as applicable. (9) Electronic reporting. (i) For data collected using test methods supported by the EPA-provided software, the owner or operator shall submit the results of the performance test to the EPA by direct computer-to-computer electronic transfer via EPA-provided software, unless otherwise approved by the Administrator. Owners or operators, who claim that some of the information being submitted for performance tests is confidential business information (CBI), must submit a complete file using EPA-provided software that includes information claimed to be CBI on a compact disk, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA by direct computer-to-computer electronic transfer via EPA-provided software. (ii) For any performance test conducted using test methods that are not compatible with the EPA-provided software, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (f) Alternative monitoring parameters. (1) The required information shall include a description of the parameter(s) to be monitored to ensure the recovery device, control device, or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s). (2) The required information shall include a description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation, the schedule for this demonstration, and a statement that the owner or operator will establish a level for the monitored parameter as part of the Notification of Compliance Status report required in paragraph (e)(5) of this section, unless this information has already been included in the operating permit application. (3) The required information shall include a description of the proposed monitoring, recordkeeping, and reporting system, to include the frequency and content of monitoring, recordkeeping, and reporting. Further, the rationale for the proposed monitoring, recordkeeping, and reporting system shall be included if either condition in paragraph (f)(3)(i) or (f)(3)(ii) of this section is met: (i) If monitoring and recordkeeping is not continuous; or (ii) If reports of daily average values will not be included in Periodic Reports when the monitored parameter value is above the maximum level or below the minimum level as established in the operating permit or the Notification of Compliance Status. (g) Alternative continuous monitoring and recordkeeping. (1) The provisions in § 63.8(f)(5)(i) shall govern the review and approval of requests. (2) An owner or operator of an affected source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and that does not generate continuous records may request approval to use a nonautomated system with less frequent monitoring, in accordance with paragraphs (g)(2)(i) and (g)(2)(ii) of this section. (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average (or batch cycle daily average) values shall be calculated from these hourly values and recorded. (ii) The request shall contain: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the affected source does not have an automated monitoring and recording system; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control or recovery device operating conditions, considering typical variability of the specific process and control or recovery device operating parameter being monitored. (3) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency, but records all values that meet set criteria for variation from previously recorded values, in accordance with paragraphs (g)(3)(i) and (g)(3)(ii) of this section. (i) The requested system shall be designed to: (A) Measure the operating parameter value at least once during every 15 minute period; (B) Except for the monitoring of batch process vents, calculate hourly average values each hour during periods of operation; (C) Record the date and time when monitors are turned off or on; (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident; (E) Calculate daily average (or batch cycle daily average) values of the monitored operating parameter based on all measured data; and (F) If the daily average is not an excursion, as defined in § 63.1334(f), the data for that operating day may be converted to hourly average values and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain: (A) A description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained; (B) The method for calculating daily averages and batch cycle daily averages; and (C) A demonstration that the system meets all criteria in paragraph (g)(3)(i) of this section. (4) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f)(4). (h) Reduced recordkeeping program. (1) The owner or operator may retain only the daily average (or batch cycle daily average) value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (h)(1)(i) through (h)(1)(vi) of this section are met. An owner or operator electing to comply with the requirements of paragraph (h)(1) of this section shall notify the Administrator in the Notification of Compliance Status as specified in paragraph (e)(5)(xi) of this section or, if the Notification of Compliance Status has already been submitted, in the Periodic Report immediately preceding implementation of the requirements of paragraph (h)(1) of this section as specified in paragraph (e)(6)(ix) of this section. (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation (e.g., a temperature reading of −200 °C on a boiler), and will alert the operator by alarm or other means. All instances of the alarm or other alert in an operating day constitute a single occurrence. (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this running average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an operating day constitute a single occurrence. (A) The running average is above the maximum or below the minimum established limits; and (B) The running average is based on at least six 1-hour average values. (iii) The monitoring system is capable of detecting unchanging data during periods of operation, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (e.g., pH in some scrubbers), and will alert the operator by alarm or other means. All instances of the alarm or other alert in an operating day constitute a single occurrence. (iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph (h)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (h)(1) of this section, at the times specified in paragraphs (h)(1)(v)(A) through (h)(1)(v)(C). The owner or operator shall document that the required verifications occurred. (A) Upon initial installation. (B) Annually after initial installation. (C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the records identified in paragraphs (h)(1)(vi)(A) through (h)(1)(vi)(D) of this section. (A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of paragraph (h) of this section. (B) A description of the applicable monitoring system(s), and of how compliance will be achieved with each requirement of paragraphs (h)(1)(i) through (h)(1)(v) of this section. The description shall identify the location and format (e.g., on-line storage, log entries) for each required record. If the description changes, the owner or operator shall retain both the current and the most recent superseded description, as provided in paragraph (a) of this section, except as provided in paragraph (h)(1)(vi)(D) of this section. (C) A description, and the date, of any change to the monitoring system that would reasonably be expected to impair its ability to comply with the requirements of paragraph (h)(1) of this section. (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain all superseded descriptions for at least 5 years after the date of their creation. Superseded descriptions shall be retained on-site (or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after their creation. Thereafter, superseded descriptions may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (h)(1) of this section for a monitored parameter with respect to an item of equipment and a period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator is no longer required to record the daily average (or batch cycle daily average) value for any operating day when the daily average (or batch cycle daily average) value is less than the maximum or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring accomplished during the period prior to the compliance date was required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average (or batch cycle daily average) values, the owner or operator shall notify the Administrator in the next Periodic Report as specified in paragraph (e)(6)(x) of this section. The notification shall identify the parameter and unit of equipment. (ii) If, on any operating day after the owner or operator has ceased recording daily average (or batch cycle daily average) values as provided in paragraph (h)(2) of this section, there is an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average (or batch cycle daily average) value for each operating day and shall notify the Administrator in the next Periodic Report. The owner or operator shall continue to retain each daily average (or batch cycle daily average) value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section. (iii) The owner or operator shall retain the records specified in paragraphs (h)(1)(i) through (iii) of this section, for the duration specified in this paragraph (h). For any calendar week, if compliance with paragraphs (h)(1)(i) through (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation. (iv) For purposes of paragraph (h) of this section, an excursion means that the daily average (or batch cycle daily average) value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value. [61 FR 48229, Sept. 12, 1996, as amended at 64 FR 11553, Mar. 9, 1999; 65 FR 38131, June 19, 2000; 66 FR 36939, July 16, 2001; 71 FR 20460, Apr. 20, 2006; 79 FR 17368, Mar. 27, 2014] § 63.1336 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1310 through 63.1311, 63.1313 through 63.1315(a)(1) through (9), (11) through (18), (b) through (e), 63.1316, 63.1321 through 63.1322, 63.1323(a), (b)(1) through (4), (b)(5)(iv) through (v), (b)(6) through (7), (c) through (j), and 63.1328 through 63.1332. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods for under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37357, June 23, 2003] Table 1 to Subpart JJJ of Part 63—Applicability of general provisions to subpart JJJ affected sources Reference Applies to Explanation § 63.1(a)(1) Yes § 63.1312 specifies definitions in addition to or that supersede definitions in § 63.2. § 63.1(a)(2) Yes § 63.1(a)(3) Yes § 63.1311(g) through (l) and § 63.160(b) identify those standards which may apply in addition to the requirements of subparts JJJ and H of this part, and specify how compliance shall be achieved. § 63.1(a)(4) Yes Subpart JJJ (this table) specifies the applicability of each paragraph in subpart A to subpart JJJ. § 63.1(a)(5) No [Reserved] § 63.1(a)(6) Yes § 63.1(a)(7)-(9) No [Reserved] § 63.1(a)(10) Yes § 63.1(a)(11) Yes § 63.1(a)(12)-(14) Yes § 63.1(b)(1) No § 63.1310(a) contains specific applicability criteria. § 63.1(b)(2) Yes § 63.1(b)(3) No § 63.1310(b) provides documentation requirements for TPPUs not considered affected sources. § 63.1(c)(1) Yes Subpart JJJ (this table) specifies the applicability of each paragraph in subpart A to subpart JJJ. § 63.1(c)(2) No Area sources are not subject to subpart JJJ. § 63.1(c)(3) No [Reserved] § 63.1(c)(4) No [Reserved] § 63.1(c)(5) Yes Except that affected sources are not required to submit notifications that are not required by subpart JJJ. § 63.1(c)(6) Yes § 63.1(d) No [Reserved] § 63.1(e) Yes § 63.2 Yes § 63.1312 specifies those subpart A definitions that apply to subpart JJJ. § 63.3 Yes § 63.4(a)(1)-(3) Yes § 63.4(a)(4) No [Reserved] § 63.4(a)(5) Yes § 63.4(b) Yes § 63.4(c) Yes § 63.5(a)(1) Yes Except the terms “source” and “stationary source” should be interpreted as having the same meaning as “affected source.” § 63.5(a)(2) Yes § 63.5(b)(1) Yes Except § 63.1310(i) defines when construction or reconstruction is subject to new source standards. § 63.5(b)(2) No [Reserved] § 63.5(b)(3) Yes § 63.5(b)(4) Yes Except that the Initial Notification and § 63.9(b) requirements do not apply. § 63.5(b)(5) Yes § 63.5(b)(6) Yes Except that § 63.1310(i) defines when construction or reconstruction is subject to new source standards. § 63.5(c) No [Reserved] § 63.5(d)(1)(i) Yes Except that the references to the Initial Notification and § 63.9(b)(5) do not apply. § 63.5(d)(1)(ii) Yes Except that § 63.5(d)(1)(ii)(H) does not apply. § 63.5(d)(1)(iii) No §§ 63.1335(e)(5) and 63.1331(a)(4) specify Notification of Compliance Status requirements. § 63.5(d)(2) No § 63.5(d)(3) Yes Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.1331 are exempt. § 63.5(d)(4) Yes § 63.5(e) Yes § 63.5(f)(1) Yes § 63.5(f)(2) Yes Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. § 63.6(a) Yes § 63.6(b)(1) No The dates specified in § 63.1311(b) apply, instead. § 63.6(b)(2) No § 63.6(b)(3) No § 63.6(b)(4) No § 63.6(b)(5) No § 63.6(b)(6) No [Reserved] § 63.6(b)(7) No § 63.6(c)(1) Yes Except that § 63.1311 specifies the compliance date. § 63.6(c)(2) No § 63.6(c)(3) No [Reserved] § 63.6(c)(4) No [Reserved] § 63.6(c)(5) Yes § 63.6(d) No [Reserved] § 63.6(e) Yes Except as otherwise specified for individual paragraphs. § 63.6(e)(1)(i) No See § 63.1310(j)(4) for general duty requirement. § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes § 63.6(e)(2) Yes § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2) Yes Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D), does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.1331. § 63.6(f)(3) Yes § 63.6(g) Yes § 63.6(h) No Subpart JJJ does not require opacity and visible emission standards. § 63.6(i)(1) Yes § 63.6(i)(2) Yes § 63.6(i)(3) Yes § 63.6(i)(4)(i)(A) Yes § 63.6(i)(4)(i)(B) No Dates are specified in §§ 63.1311(e) and 63.1335(e)(3)(i). § 63.6(i)(4)(ii) No § 63.6(i)(5)-(14) Yes § 63.6(i)(15) No [Reserved] § 63.6(i)(16) Yes § 63.6(j) Yes § 63.7(a)(1) Yes § 63.7(a)(2) No § 63.1335(e)(5) specifies the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. § 63.7(a)(3) Yes § 63.7(b) No § 63.1333(a)(4) specifies notification requirements. § 63.7(c) No § 63.7(d) Yes § 63.7(e)(1) No See § 63.1333(a). § 63.7(e)(2) Yes § 63.7(e)(3) No Subpart JJJ specifies requirements. § 63.7(e)(4) Yes § 63.7(f) Yes Except that § 63.144(b)(5)(iii)(A) and (B) shall apply for process wastewater. Also, because a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3), approval or disapproval of the alternative test method shall not be tied to the site specific test plan. § 63.7(g) Yes Except that the requirements in § 63.1335(e)(5) shall apply instead of references to the Notification of Compliance Status report in § 63.9(h). In addition, equipment leaks subject to § 63.1331 are not required to conduct performance tests. § 63.7(h) Yes Except § 63.7(h)(4)(ii) is not applicable, because the site-specific test plans in § 63.7(c)(2) are not required. § 63.8(a)(1) Yes § 63.8(a)(2) No § 63.8(a)(3) No [Reserved] § 63.8(a)(4) Yes § 63.8(b)(1) Yes § 63.8(b)(2) No Subpart JJJ specifies locations to conduct monitoring. § 63.8(b)(3) Yes § 63.8(c)(1) Yes § 63.8(c)(1)(i) No § 63.8(c)(1)(ii) No § 63.8(c)(1)(iii) No § 63.8(c)(2) Yes § 63.8(c)(3) Yes § 63.8(c)(4) No § 63.1334 specifies monitoring frequency; not applicable to equipment leaks because § 63.1331 does not require continuous monitoring systems. § 63.8(c)(5)-(8) No. § 63.8(d) No. § 63.8(e) No. § 63.8(f)(1)-(3) Yes. § 63.8(f)(4)(i) No Timeframe for submitting request is specified in § 63.1335(f) or (g); not applicable to equipment leaks because § 63.1331 (through reference to subpart H) specifies acceptable alternative methods. § 63.8(f)(4)(ii) No Contents of requests are specified in § 63.1335(f) or (g). § 63.8(f)(4)(iii) No. § 63.8(f)(5)(i) Yes. § 63.8(f)(5)(ii) No. § 63.8(f)(5)(iii) Yes. § 63.8(f)(6) No Subpart JJJ does not require continuous emission monitors. § 63.8(g) No Data reduction procedures specified in § 63.1335(d) and (h); not applicable to equipment leaks. § 63.9(a) Yes. § 63.9(b) No Subpart JJJ does not require an initial notification. § 63.9(c) Yes. § 63.9(d) Yes. § 63.9(e) No § 63.1333(a)(4) specifies notification deadline. § 63.9(f) No Subpart JJJ does not require opacity and visible emission standards. § 63.9(g) No. § 63.9(h) No § 63.1335(e)(5) specifies Notification of Compliance Status requirements. § 63.9(i) Yes. § 63.9(j) Yes For change in major source status only. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Yes. § 63.10(b)(1) No § 63.1335(a) specifies record retention requirements. § 63.10(b)(2) No Subpart JJJ specifies recordkeeping requirements. § 63.10(b)(3) No § 63.1310(b) requires documentation of sources that are not affected sources. § 63.10(c) No § 63.1335 specifies recordkeeping requirements. § 63.10(d)(1) Yes. § 63.10(d)(2) No § 63.1335(e) specifies performance test reporting requirements; not applicable to equipment leaks. § 63.10(d)(3) No Subpart JJJ does not require opacity and visible emission standards. § 63.10(d)(4) Yes. § 63.10(d)(5) No See § 63.1335(b)(1)(ii) for malfunction reporting requirements. § 63.10(e) No § 63.1335 specifies reporting requirements. § 63.10(f) Yes. § 63.11 Yes § 63.11(b) specifies requirements for flares used to comply with provisions of this subpart. § 63.1333(e) contains the requirements to conduct compliance demonstrations for flares subject to this subpart. § 63.11(c), (d), and (e) specifies requirements for an alternative work practice for equipment leaks. § 63.12 Yes Except that the authority of § 63.1332(i) and the authority of § 63.177 (for equipment leaks) shall not be delegated to States. §§ 63.13-63.15 Yes. [66 FR 36939, July 16, 2001, as amended at 71 FR 20460, Apr. 20, 2006; 73 FR 78214, Dec. 22, 2008; 79 FR 17371, Mar. 27, 2014; 85 FR 73898, Nov. 19, 2020] Table 2 to Subpart JJJ of Part 63—Group 1 Storage Vessels at Existing Affected Sources Vessel capacity Vapor pressure a 75≤capacity 151 ≥13.1 151≤capacity ≥5.2 a [65 FR 38142, June 19, 2000] Table 3 to Subpart JJJ of Part 63—Group 1 Storage Vessels at Existing Affected Sources Producing the Listed Thermoplastics Thermoplastic Chemical a Vessel capacity (cubic meters) Vapor pressure b ASA/AMSAN c styrene/acrylonitrile mixture ≥3.78 ≥0.47 acrylonitrile ≥75.7 ≥1.62 Polystyrene, continuous processes all chemicals <75.7 ≥14.2 ≥75.7 ≥1.9 Nitrile c acrylonitrile ≥13.25 ≥1.8 a b c [64 FR 11553, Mar. 9, 1999] Table 4 to Subpart JJJ of Part 63—Group 1 Storage Vessels at New Affected Sources Vessel capacity (cubic meters) Vapor a 38 ≤capacity <151 ≥13.1 151 ≤capacity ≥0.7 a Table 5 to Subpart JJJ of Part 63—Group 1 Storage Vessels at New Affected Sources Producing the Listed Thermoplastics Thermoplastic Chemical a Vessel capacity Vapor pressure b ASA/AMSAN c Styrene/ acrylonitrile mixture ≥3.78 ≥0.47 Acrylonitrile ≥75.7 ≥1.62 SAN, continuous d All chemicals ≥2,271 ≥0.5 and <0.7 <151 ≥10 ≥151 ≥0.7 Nitrile c Acrylonitrile ≥13.25 ≥1.8 Polystyrene, continuous processes All chemicals ≥19.6 and <45.4 ≥7.48 ≥45.4 and <109.8 ≥0.61 ≥109.8 ≥0.53 ABS, continuous mass Styrene ≥45.43 ≥0.078 All other chemicals ≥38 and <45.43 ≥13.1 ≥45.43 ≥0.53 a b c d [64 FR 11553, Mar. 9, 1999] Table 6 to Subpart JJJ of Part 63—Known Organic HAP Emitted From the Production of Thermoplastic Products Thermoplastic product/Subcategory Organic HAP/chemical name Acet-aldehyde (75-07-0) Acrylo-nitrile (107-13-1) 1,3 Buta-diene (106-99-0) 1,4-Dioxane (123-91-1) Ethylene Glycol (107-21-1) Methanol (67-56-1) Methyl metha-crylate (80-62-6) Styrene (100-42-5) ABS latex ✔ ✔ ✔ ABS using a batch emulsion process ✔ ✔ ✔ ABS using a batch suspension process ✔ ✔ ✔ ABS using a continuous emulsion process ✔ ✔ ✔ ABS using a continuous mass process ✔ ✔ ✔ ASA/AMSAN ✔ ✔ EPS ✔ MABS ✔ ✔ ✔ MBS ✔ ✔ ✔ Nitrile resin ✔ PET using a batch dimethyl terephthalate process ✔ ✔ ✔ ✔ PET using a batch terephthalic acid process ✔ ✔ ✔ PET using a continuous dimethyl terephthalate process ✔ ✔ ✔ ✔ PET using a continuous terephthalic acid process ✔ ✔ ✔ PET using a continuous terephthalic acid high viscosity multiple end finisher process ✔ ✔ ✔ Polystyrene resin using a batch process ✔ Polystyrene resin using a continuous process ✔ SAN using a batch process ✔ ✔ SAN using a continuous process ✔ ✔ CAS No. = Chemical Abstract Service Number. ABS = Acrylonitrile butadiene styrene resin. ASA/AMSAN = Acrylonitrile styrene resin/alpha methyl styrene acrylonitrile resin. EPS = expandable polystyrene resin. MABS = methyl methacrylate acrylonitrile butadiene styrene resin. PET = poly(ethylene terephthalate) resin. SAN = styrene acrylonitrile resin. MBS = methyl methacrylate butadiene styrene resin. [66 FR 36942, July 16, 2001] Table 7 to Subpart JJJ of Part 63—Group 1 Batch Process Vents and Aggregate Batch Vent Streams—Monitoring, Recordkeeping, and Reporting Requirements Control device Parameters to be monitored Recordkeeping and reporting requirements for monitored parameters Thermal incinerator Firebox temperature a 1. Continuous records as specified in § 63.1326(e)(1). b 2. Record and report the average firebox temperature measured during the performance test—NCS. c 3. Record the batch cycle daily average firebox temperature as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average temperatures that are below the minimum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Catalytic incinerator Temperature upstream and downstream of the catalyst bed 1. Continuous records as specified in § 63.1326(e)(1). b c d e d e e Boiler or Process Heater with a design heat input capacity less than 44 megawatts and where the batch process vents or aggregate batch vent streams are not introduced with or used as the primary fuel Firebox temperature a 1. Continuous records as specified in § 63.1326(e)(1). b c d d e Flare Presence of a flame at the pilot light 1. Hourly records of whether the monitor was continuously operating during batch emission episodes, or portions thereof, selected for control and whether a flame was continuously present at the pilot light during said periods. 2. Record and report the presence of a flame at the pilot light over the full period of the compliance determination—NCS. c 3. Record the times and durations of all periods during batch emission episodes, or portions thereof, selected for control when all flames at the pilot light of a flare are absent or the monitor is not operating. 4. Report the times and durations of all periods during batch emission episodes, or portions thereof, selected for control when all flames at the pilot light of a flare are absent—PR. d Scrubber for halogenated batch process vents or aggregate batch vent strreams (Note: Controlled by a combustion device other than a flare) a. pH of scrubber effluent, and 1. Continuous records as specified in § 63.1326(e)(1). b c d e b. Scrubber liquid and gas flow rates 1. Records as specified in § 63.1326(e)(1). b 2. Record and report the scrubber liquid/gas ratio averaged over the full period of the performance test—NCS. c 3. Record the batch cycle daily average scrubber liquid/gas ratio as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average scrubber liquid/gas ratios that are below the minimum value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Absorber f a. Exit temperature of the absorbing liquid, and 1. Continuous records as specified in § 63.1326(e)(1). b c d e b. Exit specific gravity for the absorbing liquid 1. Continuous records as specified in § 63.1326(e)(1). b c d e Condenser f Exit (product side) temperature 1. Continuous records as specified in § 63.1326(e)(1). b 2. Record and report the average exit temperature measured during the performance test—NCS. c 3. Record the batch cycle daily average exit temperature as specified in § 63.1326(e)(2). 4. Report all batch cycle daily average exit temperatures that are above the maximum operating value established in the NCS or operating permit and all instances when monitoring data are not collected—PR. d e Carbon Adsorber f a. Total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) during carbon bed regeneration cycle(s), and 1. Record the total regeneration steam flow or nitrogen flow, or pressure for each carbon bed regeneration cycle. c d e b. Temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle(s) 1. Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s). 2. Record and report the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s) measured during the performance test—NCS. c 3. Report all carbon bed regeneration cycles when the temperature of the carbon bed after regeneration, or within 15 minutes of completing any cooling cycle(s), is above the maximum value established in the NCS or operating permit—PR. d e All control devices a. Diversion to the atmosphere from the control device or 1. Hourly records of whether the flow indicator was operating during batch emission episodes, or portions thereof, selected for control and whether a diversion was detected at any time during said periods as specified in § 63.1326(e)(3). 2. Record and report the times of all periods during batch emission episodes, or portions thereof, selected for control when emissions are diverted through a bypass line or the flow indicator is not operating—PR. d b. Monthly inspection of sealed valves. 1. Records that monthly inspections were performed as specified in § 63.1326(e)(4)(i). 2. Record and report all monthly inspections that show the valves are in the diverting position or that a seal has been broken—PR. d Absorber, condenser, and carbon Adsorber (as an alternative to the requirements previously presented in this table) Concentration level or reading indicated by an organic monitoring device at the outlet of the control device 1. Continuous records as specified in § 63.1326(e)(1). b c d e a b c d e f [66 FR 36939, July 16, 2001] Table 8 to Subpart JJJ of Part 63—Operating Parameters for Which Levels Are Required To Be Established for Continuous and Batch Process Vents and Aggregate Batch Vent Streams Device Parameters to be monitored Established operating parameter(s) Thermal incinerator Firebox temperature Minimum temperature. Catalytic incinerator Temperature upstream and downstream of the catalyst bed Minimum upstream temperature; and minimum temperature difference across the catalyst bed. Boiler or process heater Firebox temperature Minimum temperature. Scrubber for halogenated vents pH of scrubber effluent; and scrubber liquid and gas flow rates [§ 63.1324(b)(4)(ii)] Minimum pH; and minimum liquid/gas ratio. Absorber Exit temperature of the absorbing liquid; and exit specific gravity of the absorbing liquid Maximum temperature; and maximum specific gravity. Condenser Exit temperature Maximum temperature. Carbon adsorber Total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) a Maximum flow or pressure; and maximum temperature. Other devices (or as an alternate to the requirements previously presented in this table) b HAP concentration level or reading at outlet of device Maximum HAP concentration or reading. a b [65 FR 38145, June 19, 2000] Table 9 to Subpart JJJ of Part 63—Routine Reports Required by This Subpart Reference Description of report Due date § 63.1335(b) and subpart A Refer to Table 1 and subpart A Refer to subpart A. § 63.1335(e)(3) Precompliance Report a Existing affected sources—December 19, 2000. New affected sources—with application for approval of construction or reconstruction. § 63.1335(e)(4) Emissions Averaging Plan September 19, 2000. § 63.1335(e)(4)(iv) Updates to Emissions Averaging Plan 120 days prior to making the change necessitating the update. § 63.1335(e)(5) Notification of Compliance Status b Within 150 days after the compliance date. § 63.1335(e)(6) Periodic Reports Semiannually, no later than 60 days after the end of each 6-month period. See § 63.1335(e)(6)(i) for the due date for the first report. § 63.1335(e)(6)(xi) Quarterly reports for Emissions Averaging No later than 60 days after the end of each quarter. First report is due with the Notification of Compliance Status. § 63.1335(e)(6)(xii) Quarterly reports upon request of the Administrator No later than 60 days after the end of each quarter. § 63.1335(e)(7)(i) Storage Vessels Notification of Inspection At least 30 days prior to the refilling of each storage vessel or the inspection of each storage vessel. § 63.1335(e)(7)(ii) Requests for Approval of a Nominal Control Efficiency for Use in Emissions Averaging Initial submittal is due with the Emissions Averaging Plan specified in § 63.1335(e)(4)(ii); later submittals are made at the discretion of the owner or operator as specified in § 63.1335(e)(7)(ii) (B). § 63.1335(e)(7)(iii) Notification of Change in the Primary Product 1. For notification under § 63.1310(f)(3)(ii)—notification submittal date at the discretion of the owner or operator. c 2. For notification under § 63.1310(f)(4)(ii)—within 6 months of making the determination. a b c [66 FR 36939, July 16, 2001] Subpart KKK [Reserved] Subpart LLL—National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry Source: 64 FR 31925, June 14, 1999, unless otherwise noted. General § 63.1340 What parts of my plant does this subpart cover? (a) The provisions of this subpart apply to each new and existing portland cement plant which is a major source or an area source as defined in § 63.2. (b) The affected sources subject to this subpart are: (1) Each kiln including alkali bypasses and inline coal mills, except for kilns that burn hazardous waste and are subject to and regulated under subpart EEE of this part; (2) Each clinker cooler at any portland cement plant; (3) Each raw mill at any portland cement plant; (4) Each finish mill at any portland cement plant; (5) Each raw material dryer at any portland cement plant; (6) Each raw material, clinker, or finished product storage bin at any portland cement plant that is a major source; (7) Each conveying system transfer point including those associated with coal preparation used to convey coal from the mill to the kiln at any portland cement plant that is a major source; (8) Each bagging and bulk loading and unloading system at any portland cement plant that is a major source; and (9) Each open clinker storage pile at any portland cement plant. (c) Onsite sources that are subject to standards for nonmetallic mineral processing plants in subpart OOO, part 60 of this chapter are not subject to this subpart. Crushers are not covered by this subpart regardless of their location. (d) If you are subject to any of the provisions of this subpart you are also subject to title V permitting requirements. [75 FR 55051, Sept. 9, 2010, as amended at 78 FR 10036, Feb. 12, 2013] § 63.1341 Definitions. All terms used in this subpart that are not defined in this section have the meaning given to them in the CAA and in subpart A of this part. Alkali bypass Bagging system Bin Clinker Clinker cooler Continuous monitor Conveying system Conveying system transfer point Crusher Dioxins and furans (D/F) Facility Feed Finish mill Greenfield kiln, in-line kiln/raw mill, or raw material dryer Hazardous waste In-line coal mill In-line kiln/raw mill Kiln Kiln exhaust gas bypass Monovent New brownfield kiln, in-line kiln raw mill, or raw material dryer New source One-minute average Open clinker storage pile Operating day Portland cement plant Raw material dryer Raw mill Rolling average Run average Shutdown Sorbent Startup TEQ Total organic HAP 1 1 (1) The test plan preparation and implementation in the Annexes to ASTM D6348-03, Sections A1 through A8 are mandatory; (2) For ASTM D6348-03 Annex A5 (Analyte Spiking Technique), the percent R must be determined for each target analyte (see Equation A5.5); (3) For the ASTM D6348-03 test data to be acceptable for a target analyte percent R must be 70 percent ≥R ≤130 percent; and (4) The percent R value for each compound must be reported in the test report and all field measurements corrected with the calculated percent R value for that compound using the following equation: Reported Result = The measured concentration in the stack divided by the calculated percent R value and then the whole term multiplied by 100. Totally enclosed conveying system transfer point [64 FR 31925, June 14, 1999, as amended at 67 FR 16619, Apr. 5, 2002; 75 FR 55051, Sept. 9, 2010; 78 FR 10037, Feb. 12, 2013; 80 FR 44778, July 27, 2015; 83 FR 35132, July 25, 2018] Emission Standards and Operating Limits § 63.1342 Standards: General. Table 1 to this subpart provides cross references to the 40 CFR part 63, subpart A, general provisions, indicating the applicability of the general provisions requirements to subpart LLL. [71 FR 76549, Dec. 20, 2006] § 63.1343 What standards apply to my kilns, clinker coolers, raw material dryers, and open clinker storage piles? (a) General. (b) Kilns, clinker coolers, raw material dryers, raw mills, and finish mills. Table 1—Emissions Limits for Kilns, Clinker Coolers, Raw Material Dryers, Raw and Finish Mills If your source is a (an): And the operating mode is: And if is located at a: Your emissions limits are: And the units of the emissions limit are: The oxygen correction factor is: 1. Existing kiln Normal operation Major or area source PM 1 lb/ton clinker NA. D/F 2 ng/dscm (TEQ) 7 percent. Mercury 55 lb/MM tons clinker NA. THC 3 4 ppmvd 7 percent. 2. Existing kiln Normal operation Major source HCl 3 ppmvd 7 percent. 3. Existing kiln Startup and shutdown Major or area source Work practices (63.1346(g)) NA NA. 4. New kiln Normal operation Major or area source PM 1 lb/ton clinker NA. D/F 2 ng/dscm (TEQ) 7 percent. Mercury 21 lb/MM tons clinker NA. THC 3 4 ppmvd 7 percent. 5. New kiln Normal operation Major source HCl 3 ppmvd 7 percent. 6. New kiln Startup and shutdown Major or area source Work practices (63.1346(g)) NA NA. 7. Existing clinker cooler Normal operation Major or area source PM 0.07 lb/ton clinker NA. 8. Existing clinker cooler Startup and shutdown Major or area source Work practices (63.1348(b)(9)) NA NA. 9. New clinker cooler Normal operation Major or area source PM 0.02 lb/ton clinker NA. 10. New clinker cooler Startup and shutdown Major or area source Work practices (63.1348(b)(9)) NA NA. 11. Existing or new raw material dryer Normal operation Major or area source THC 3 4 ppmvd NA. 12. Existing or new raw material dryer Startup and shutdown Major or area source Work practices (63.1348(b)(9)) NA NA. 13. Existing or new raw or finish mill All operating modes Major source Opacity 10 percent NA. 1 2 3 4 (2) When there is an alkali bypass and/or an inline coal mill with a separate stack associated with a kiln, the combined PM emissions from the kiln and the alkali bypass stack and/or the inline coal mill stack are subject to the PM emissions limit. Existing kilns that combine the clinker cooler exhaust and/or alkali bypass and/or coal mill exhaust with the kiln exhaust and send the combined exhaust to the PM control device as a single stream may meet an alternative PM emissions limit. This limit is calculated using Equation 1 of this section: Where: PM alt 0.006 = The PM exhaust concentration (gr/dscf) equivalent to 0.070 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of ton feed per ton clinker. Q k Q c Q ab Q cm 7000 = The conversion factor for grains (gr) per lb. For new kilns that combine kiln exhaust, clinker cooler gas and/or coal mill and alkali bypass exhaust, the limit is calculated using Equation 2 of this section: Where: PM alt 0.002 = The PM exhaust concentration (gr/dscf) equivalent to 0.020 lb per ton clinker where clinker cooler and kiln exhaust gas are not combined. 1.65 = The conversion factor of ton feed per ton clinker. Q k Q c Q ab Q cm 7000 = The conversion factor for gr per lb. (c) Open clinker storage pile. (1) The operation and maintenance plan must identify and describe the location of each current or future open clinker storage pile and the fugitive dust emissions control measures the owner or operator will use to minimize fugitive dust emissions from each open clinker storage pile. (2) For open clinker storage piles, the operations and maintenance plan must specify that one or more of the following control measures will be used to minimize to the greatest extent practicable fugitive dust from open clinker storage piles: Locating the source inside a partial enclosure, installing and operating a water spray or fogging system, applying appropriate chemical dust suppression agents, use of a wind barrier, compaction, use of tarpaulin or other equally effective cover or use of a vegetative cover. You must select, for inclusion in the operations and maintenance plan, the fugitive dust control measure or measures listed in this paragraph that are most appropriate for site conditions. The plan must also explain how the measure or measures selected are applicable and appropriate for site conditions. In addition, the plan must be revised as needed to reflect any changing conditions at the source. (3) Temporary piles of clinker that result from accidental spillage or clinker storage cleaning operations must be cleaned up within 3 days. [78 FR 10037, Feb. 12, 2013, as amended at 80 FR 44779, July 27, 2015; 83 FR 35132, July 25, 2018] § 63.1344 [Reserved] § 63.1345 Emissions limits for affected sources other than kilns; clinker coolers; new and reconstructed raw material dryers. The owner or operator of each new or existing raw material, clinker, or finished product storage bin; conveying system transfer point; bagging system; bulk loading or unloading system; raw and finish mills; and each existing raw material dryer, at a facility which is a major source subject to the provisions of this subpart must not cause to be discharged any gases from these affected sources which exhibit opacity in excess of 10 percent. [78 FR 10039, Feb. 12, 2013] § 63.1346 Operating limits for kilns. (a) The owner or operator of a kiln subject to a D/F emissions limitation under § 63.1343 must operate the kiln such that the temperature of the gas at the inlet to the kiln PM control device (PMCD) and alkali bypass PMCD, if applicable, does not exceed the applicable temperature limit specified in paragraph (b) of this section. The owner or operator of an in-line kiln/raw mill subject to a D/F emissions limitation under § 63.1343 must operate the in-line kiln/raw mill, such that: (1) When the raw mill of the in-line kiln/raw mill is operating, the applicable temperature limit for the main in-line kiln/raw mill exhaust, specified in paragraph (b) of this section and established during the performance test when the raw mill was operating, is not exceeded, except during periods of startup and shutdown when the temperature limit may be exceeded by no more than 10 percent. (2) When the raw mill of the in-line kiln/raw mill is not operating, the applicable temperature limit for the main in-line kiln/raw mill exhaust, specified in paragraph (b) of this section and established during the performance test when the raw mill was not operating, is not exceeded, except during periods of startup/shutdown when the temperature limit may be exceeded by no more than 10 percent. (3) If the in-line kiln/raw mill is equipped with an alkali bypass, the applicable temperature limit for the alkali bypass specified in paragraph (b) of this section and established during the performance test, with or without the raw mill operating, is not exceeded, except during periods of startup/shutdown when the temperature limit may be exceeded by no more than 10 percent. (b) The temperature limit for affected sources meeting the limits of paragraph (a) of this section or paragraphs (a)(1) through (a)(3) of this section is determined in accordance with § 63.1349(b)(3)(iv). (c) For an affected source subject to a D/F emissions limitation under § 63.1343 that employs sorbent injection as an emission control technique for D/F control, you must operate the sorbent injection system in accordance with paragraphs (c)(1) and (2) of this section. (1) The rolling three-hour average activated sorbent injection rate must be equal to or greater than the sorbent injection rate determined in accordance with § 63.1349(b)(3)(vi). (2) You must either: (i) Maintain the minimum activated carbon injection carrier gas flow rate, as a rolling three-hour average, based on the manufacturer's specifications. These specifications must be documented in the test plan developed in accordance with § 63.7(c), or (ii) Maintain the minimum activated carbon injection carrier gas pressure drop, as a rolling three-hour average, based on the manufacturer's specifications. These specifications must be documented in the test plan developed in accordance with § 63.7(c). (d) Except as provided in paragraph (e) of this section, for an affected source subject to a D/F emissions limitation under § 63.1343 that employs carbon injection as an emission control technique you must specify and use the brand and type of sorbent used during the performance test until a subsequent performance test is conducted, unless the site-specific performance test plan contains documentation of key parameters that affect adsorption and the owner or operator establishes limits based on those parameters, and the limits on these parameters are maintained. (e) For an affected source subject to a D/F emissions limitation under § 63.1343 that employs carbon injection as an emission control technique you may substitute, at any time, a different brand or type of sorbent provided that the replacement has equivalent or improved properties compared to the sorbent specified in the site-specific performance test plan and used in the performance test. The owner or operator must maintain documentation that the substitute sorbent will provide the same or better level of control as the original sorbent. (f) No kiln may use as a raw material or fuel any fly ash where the mercury content of the fly ash has been increased through the use of activated carbon, or any other sorbent, unless the facility can demonstrate that the use of that fly ash will not result in an increase in mercury emissions over baseline emissions (i.e., emissions not using the fly ash). The facility has the burden of proving there has been no emissions increase over baseline. Once the kiln is in compliance with a mercury emissions limit specified in § 63.1343, this paragraph no longer applies. (g) During periods of startup and shutdown you must meet the requirements listed in (g)(1) through (4) of this section. (1) During startup you must use any one or combination of the following clean fuels: natural gas, synthetic natural gas, propane, distillate oil, synthesis gas (syngas), and ultra-low sulfur diesel (ULSD) until the kiln reaches a temperature of 1200 degrees Fahrenheit. (2) Combustion of the primary kiln fuel may commence once the kiln temperature reaches 1200 degrees Fahrenheit. (3) All dry sorbent and activated carbon systems that control hazardous air pollutants must be turned on and operating at the time the gas stream at the inlet to the baghouse or ESP reaches 300 degrees Fahrenheit (five minute average) during startup. Temperature of the gas stream is to be measured at the inlet of the baghouse or ESP every minute. Such injection systems can be turned off during shutdown. Particulate control and all remaining devices that control hazardous air pollutants should be operational during startup and shutdown. (4) You must keep records as specified in § 63.1355 during periods of startup and shutdown. [75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10039, Feb. 12, 2013; 80 FR 44781, July 27, 2015] § 63.1347 Operation and maintenance plan requirements. (a) You must prepare, for each affected source subject to the provisions of this subpart, a written operations and maintenance plan. The plan must be submitted to the Administrator for review and approval as part of the application for a part 70 permit and must include the following information: (1) Procedures for proper operation and maintenance of the affected source and air pollution control devices in order to meet the emissions limits and operating limits, including fugitive dust control measures for open clinker piles of §§ 63.1343, 63.1345, and 63.1346. Your operations and maintenance plan must address periods of startup and shutdown. (2) Corrective actions to be taken when required by paragraph § 63.1350(f)(3); (3) Procedures to be used during an inspection of the components of the combustion system of each kiln and each in-line kiln raw mill located at the facility at least once per year. (b) Failure to comply with any provision of the operations and maintenance plan developed in accordance with this section is a violation of the standard. [75 FR 55054, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 80 FR 44781, July 27, 2015] § 63.1348 Compliance requirements. (a) Initial Performance Test Requirements. Note to paragraph ( a The first day of the 30 operating day performance test is the first day after the compliance date following completion of the field testing and data collection that demonstrates that the CPMS or CEMS has satisfied the relevant CPMS performance evaluation or CEMS performance specification (e.g., PS 2, 12A, or 12B) acceptance criteria. The performance test period is complete at the end of the 30th consecutive operating day. See § 63.1341 for definition of operating day and § 63.1348(b)(1) for the CEMS operating requirements. The source has the option of performing the compliance test earlier then the compliance date if desired. (1) PM Compliance. (2) Opacity Compliance. (3) D/F compliance. (ii) If you are subject to a D/F emissions limitation under § 63.1343(b), you must demonstrate compliance with the temperature operating limits specified in § 63.1346 by using the performance test methods and procedures in § 63.1349(b)(3)(ii) through (b)(3)(iv). Use the arithmetic average of the temperatures measured during the three runs to determine the applicable temperature limit. (iii) If activated carbon injection is used and you are subject to a D/F emissions limitation under § 63.1343(b), you must demonstrate compliance with the activated carbon injection rate operating limits specified in § 63.1346 by using the performance test methods and procedures in § 63.1349(b)(3)(v). (iv) If activated carbon injection is used, you must also develop a carrier gas parameter (either the carrier gas flow rate or the carrier gas pressure drop) during the initial performance test and updated during any subsequent performance test conducted under § 63.1349(b)(3) that meets the requirements of § 63.1349(b)(3)(vi). Compliance is demonstrated if the system is maintained within ±5 percent accuracy during the performance test determined in accordance with the procedures and criteria submitted for review in your monitoring plan required in § 63.1350(p). (4)(i) THC Compliance. (ii) Total Organic HAP Emissions Tests. (iii) If you are demonstrating initial compliance, you must conduct the separate performance tests as specified in § 63.1349(b)(7) while the raw mill of the inline kiln/raw mill is operating and while the raw mill of the inline kiln/raw mill is not operating. (iv) The time weighted average total organic HAP concentration measured during the separate initial performance test specified by § 63.1349(b)(7) must be used to determine initial compliance. (v) The time weighted average THC concentration measured during the initial performance test specified by § 63.1349(b)(4) must be used to determine the site-specific THC limit. Using the fraction of time the inline kiln/raw mill is on and the fraction of time that the inline kiln/raw mill is off, calculate this limit as a time weighted average of the THC levels measured during raw mill on and raw mill off testing using one of the two approaches in § 63.1349(b)(7)(vii) or (viii) depending on the level of organic HAP measured during the compliance test. (5) Mercury Compliance. (i) In calculating a 30 operating day emissions value using an integrating sorbent trap CEMS, assign the average Hg emissions concentration determined for an integrating period (e.g., 7 day sorbent trap monitoring system sample) to each relevant hour of the kiln operating days spanned by each integrated sample. Calculate the 30 kiln operating day emissions rate value using the assigned hourly Hg emissions concentrations and the respective flow and production rate values collected during the 30 kiln operating day performance test period. Depending on the duration of each integrated sampling period, you may not be able to calculate the 30 kiln operating day emissions value until several days after the end of the 30 kiln operating day performance test period. (ii) For example, a sorbent trap monitoring system producing an integrated 7-day sample will provide Hg concentration data for each hour of the first 28 kiln operating days (i.e., four values spanning 7 days each) of a 30 operating day period. The Hg concentration values for the hours of the last 2 days of the 30 operating day period will not be available for calculating the emissions for the performance test period until at least five days after the end of the subject period. (6) HCl Compliance. (i) For an affected source that is equipped with a wet scrubber, tray tower or dry scrubber, you may demonstrate initial compliance by conducting a performance test as specified in § 63.1349(b)(6)(i). You must determine the HCl concentration for each run and calculate the arithmetic average of the concentrations measured for the three runs to determine compliance. You must also establish appropriate site-specific operational parameter limits. (ii) For an affected source that is not equipped with a wet scrubber, tray tower or dry scrubber, you must demonstrate initial compliance by operating a CEMS as specified in § 63.1349(b)(6)(ii). You must use the average of the hourly HCl values obtained during the first 30 kiln operating days that occur after the compliance date of this rule to determine initial compliance. (7) Commingled Exhaust Requirements. (i) Performing required emissions monitoring and testing on the commingled coal mill and kiln exhaust, or (ii) Perform required emission monitoring and testing of the kiln exhaust prior to the reintroduction of the coal mill exhaust, and also testing the kiln exhaust diverted to the coal mill. All emissions must be added together for all emission points, and must not exceed the limit per each pollutant as listed in § 63.1343(b). (b) Continuous Monitoring Requirements. (1) General Requirements. (ii) Except for periods of startup and shutdown, monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), you must operate the monitoring system and collect data at all required intervals at all times the affected source is operating. (iii) You may not use data recorded during monitoring system startup, shutdown or malfunctions or repairs associated with monitoring system malfunctions in calculations used to report emissions or operating levels. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. (iv) Clinker Production. (2) PM Compliance. (3) Opacity Compliance. (i) COMS. (ii) Bag Leak Detection System (BLDS). (4) D/F Compliance. (5) Activated Carbon Injection Compliance. (ii) If you use activated carbon injection to comply with the D/F emissions limitation under § 63.1343(b), you must demonstrate compliance using a CMS that is installed, operated and maintained to record the activated carbon injection system gas parameter in accordance with the requirements of § 63.1350(h)(2). (6) THC Compliance. (ii) THC must be measured either upstream of the coal mill or in the coal mill stack. (7) Mercury Compliance. (ii) Mercury must be measured either upstream of the coal mill or in the coal mill stack. (8) HCl Compliance. (i) For an affected source that is not equipped with a wet scrubber, tray tower or a dry sorbent injection system, you must demonstrate compliance using the monitoring methods and procedures in § 63.1350(l)(1). (ii) For an affected source that is equipped with a wet scrubber, tray tower or a dry sorbent injection system, you may demonstrate compliance using the monitoring methods and procedures in § 63.1350(l)(2). (iii) HCl may be measured either upstream of the coal mill or in the coal mill stack. (iv) As an alternative to paragraph (b)(8)(ii) of this section, you may use an SO 2 2 2 (9) Startup and Shutdown Compliance. (c) Changes in operations. (2) In preparation for and while conducting a performance test required in § 63.1349(b), you may operate under the planned operational change conditions for a period not to exceed 360 hours, provided that the conditions in (c)(2)(i) through (c)(2)(iv) of this section are met. You must submit temperature and other monitoring data that are recorded during the pretest operations. (i) You must provide the Administrator written notice at least 60 days prior to undertaking an operational change that may adversely affect compliance with an applicable standard under this subpart for any source, or as soon as practicable where 60 days advance notice is not feasible. Notice provided under this paragraph must include a description of the planned change, the emissions standards that may be affected by the change, and a schedule for completion of the performance test required under paragraph (c)(1) of this section, including when the planned operational change period would begin. (ii) The performance test results must be documented in a test report according to § 63.1349(a). (iii) A test plan must be made available to the Administrator prior to performance testing, if requested. (iv) The performance test must be completed within 360 hours after the planned operational change period begins. (d) General duty to minimize emissions. [75 FR 55055, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 80 FR 44781, July 27, 2015; 83 FR 35132, July 25, 2018] Monitoring and Compliance Provisions § 63.1349 Performance testing requirements. (a) You must document performance test results in complete test reports that contain the information required by paragraphs (a)(1) through (10) of this section, as well as all other relevant information. As described in § 63.7(c)(2)(i), you must make available to the Administrator prior to testing, if requested, the site-specific test plan to be followed during performance testing. For purposes of determining exhaust gas flow rate to the atmosphere from an alkali bypass stack or a coal mill stack, you must either install, operate, calibrate and maintain an instrument for continuously measuring and recording the exhaust gas flow rate according to the requirements in paragraphs § 63.1350(n)(1) through (10) of this subpart or use the maximum design exhaust gas flow rate. For purposes of determining the combined emissions from kilns equipped with an alkali bypass or that exhaust kiln gases to a coal mill that exhausts through a separate stack, instead of installing a CEMS on the alkali bypass stack or coal mill stack, you may use the results of the initial and subsequent performance test to demonstrate compliance with the relevant emissions limit. (1) A brief description of the process and the air pollution control system; (2) Sampling location description(s); (3) A description of sampling and analytical procedures and any modifications to standard procedures; (4) Test results; (5) Quality assurance procedures and results; (6) Records of operating conditions during the performance test, preparation of standards, and calibration procedures; (7) Raw data sheets for field sampling and field and laboratory analyses; (8) Documentation of calculations; (9) All data recorded and used to establish parameters for monitoring; and (10) Any other information required by the performance test method. (b)(1) PM emissions tests. (i) For your PM CPMS, you will establish a site-specific operating limit. If your PM performance test demonstrates your PM emission levels to be below 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test, the milliamp or digital equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. If your PM compliance test demonstrates your PM emission levels to be at or above 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test to establish your operating limit. You will use the PM CPMS to demonstrate continuous compliance with your operating limit. You must repeat the performance test annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (A) Your PM CPMS must provide a 4-20 milliamp or digital signal output and the establishment of its relationship to manual reference method measurements must be determined in units of milliamps or the monitors digital equivalent. (B) Your PM CPMS operating range must be capable of reading PM concentrations from zero to a level equivalent to three times your allowable emission limit. If your PM CPMS is an auto-ranging instrument capable of multiple scales, the primary range of the instrument must be capable of reading PM concentration from zero to a level equivalent to three times your allowable emission limit. (C) During the initial performance test or any such subsequent performance test that demonstrates compliance with the PM limit, record and average all milliamp or digital output values from the PM CPMS for the periods corresponding to the compliance test runs ( e.g., (ii) Determine your operating limit as specified in paragraphs (b)(1)(iii) through (iv) of this section. If your PM performance test demonstrates your PM emission levels to be below 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test, the milliamp or digital equivalent of zero output from your PM CPMS, and the average PM result of your compliance test to establish your operating limit. If your PM compliance test demonstrates your PM emission levels to be at or above 75 percent of your emission limit you will use the average PM CPMS value recorded during the PM compliance test to establish your operating limit. You must verify an existing or establish a new operating limit after each repeated performance test. You must repeat the performance test at least annually and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (iii) If the average of your three Method 5 or 5I compliance test runs is below 75 percent of your PM emission limit, you must calculate an operating limit by establishing a relationship of PM CPMS signal to PM concentration using the PM CPMS instrument zero, the average PM CPMS values corresponding to the three compliance test runs, and the average PM concentration from the Method 5 or 5I compliance test with the procedures in (b)(1)(iii)(A) through (D) of this section. (A) Determine your PM CPMS instrument zero output with one of the following procedures: ( 1 ( 2 ( 3 e.g., ( 4 1 3 (B) Determine your PM CPMS instrument average in milliamps or digital equivalent, and the average of your corresponding three PM compliance test runs, using equation 3. Where: X 1 Y 1 n = The number of data points. (C) With your instrument zero expressed in milliamps or a digital value, your three run average PM CPMS milliamp or digital signal value, and your three run PM compliance test average, determine a relationship of lb/ton-clinker per milliamp or digital signal value with Equation 4. Where: R = The relative lb/ton-clinker per milliamp or digital equivalent for your PM CPMS. Y 1 X 1 z = The milliamp or digital equivalent of your instrument zero determined from (b)(1)(iii)(A). (D) Determine your source specific 30-day rolling average operating limit using the lb/ton-clinker per milliamp or digital signal value from Equation 4 in Equation 5, below. This sets your operating limit at the PM CPMS output value corresponding to 75 percent of your emission limit. Where: O l L = Your source emission limit expressed in lb/ton clinker. z = Your instrument zero in milliamps, or digital equivalent, determined from (b)(1)(iii)(A). R = The relative lb/ton-clinker per milliamp, or digital equivalent, for your PM CPMS, from Equation 4. (iv) If the average of your three PM compliance test runs is at or above 75 percent of your PM emission limit you must determine your operating limit by averaging the PM CPMS milliamp or digital equivalent output corresponding to your three PM performance test runs that demonstrate compliance with the emission limit using Equation 6. Where: X 1 n = The number of data points. O h (v) To determine continuous operating compliance, you must record the PM CPMS output data for all periods when the process is operating, and use all the PM CPMS data for calculations when the source is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (milliamps or the digital equivalent) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 7 to determine the 30 kiln operating day average. Where: Hpvi = The hourly parameter value for hour i. n = The number of valid hourly parameter values collected over 30 kiln operating days. (vi) For each performance test, conduct at least three separate test runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur. Conduct each test run to collect a minimum sample volume of 2 dscm for determining compliance with a new source limit and 1 dscm for determining compliance with an existing source limit. Calculate the time weighted average of the results from three consecutive runs, including applicable sources as required by paragraph (b)(1)(viii) of this section, to determine compliance. You need not determine the particulate matter collected in the impingers “back half” of the Method 5 or Method 5I particulate sampling train to demonstrate compliance with the PM standards of this subpart. This shall not preclude the permitting authority from requiring a determination of the “back half” for other purposes. For kilns with inline raw mills, testing must be conducted while the raw mill is on and while the raw mill is off. If the exhaust streams of a kiln with an inline raw mill and a clinker cooler are comingled, then the comingled exhaust stream must be tested with the raw mill on and the raw mill off. (vii) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument ( e.g. (viii) When there is an alkali bypass and/or an inline coal mill with a separate stack associated with a kiln, the main exhaust and alkali bypass and/or inline coal mill must be tested simultaneously and the combined emission rate of PM from the kiln and alkali bypass and/or inline coal mill must be computed for each run using Equation 8 of this section. Where: E Cm E K E B E C P = Hourly clinker production, tons. (ix) The owner or operator of a kiln with an in-line raw mill and subject to limitations on PM emissions shall demonstrate initial compliance by conducting separate performance tests while the raw mill is under normal operating conditions and while the raw mill is not operating, and calculate the time weighted average emissions. The operating limit will then be determined using 63.1349(b)(1)(i) of this section. (2) Opacity tests. (i) There are no individual readings greater than 10 percent opacity; (ii) There are no more than three readings of 10 percent for the first 1-hour period. (3) D/F Emissions Tests. (i) Each performance test must consist of three separate runs conducted under representative conditions. The duration of each run must be at least 3 hours, and the sample volume for each run must be at least 2.5 dscm (90 dscf). (ii) The temperature at the inlet to the kiln or in-line kiln/raw mill PMCD, and, where applicable, the temperature at the inlet to the alkali bypass PMCD must be continuously recorded during the period of the Method 23 test, and the continuous temperature record(s) must be included in the performance test report. (iii) Average temperatures must be calculated for each run of the performance test. (iv) The run average temperature must be calculated for each run, and the average of the run average temperatures must be determined and included in the performance test report and will determine the applicable temperature limit in accordance with § 63.1346(b). (v)(A) If sorbent injection is used for D/F control, you must record the rate of sorbent injection to the kiln exhaust, and where applicable, the rate of sorbent injection to the alkali bypass exhaust, continuously during the period of the Method 23 test in accordance with the conditions in § 63.1350(m)(9), and include the continuous injection rate record(s) in the performance test report. Determine the sorbent injection rate parameters in accordance with paragraph (b)(3)(vi) of this section. (B) Include the brand and type of sorbent used during the performance test in the performance test report. (C) Maintain a continuous record of either the carrier gas flow rate or the carrier gas pressure drop for the duration of the performance test. If the carrier gas flow rate is used, determine, record, and maintain a record of the accuracy of the carrier gas flow rate monitoring system according to the procedures in appendix A to part 75 of this chapter. If the carrier gas pressure drop is used, determine, record, and maintain a record of the accuracy of the carrier gas pressure drop monitoring system according to the procedures in § 63.1350(m)(6). (vi) Calculate the run average sorbent injection rate for each run and determine and include the average of the run average injection rates in the performance test report and determine the applicable injection rate limit in accordance with § 63.1346(c)(1). (4) THC emissions test. (ii) Use the THC CEMS to conduct the initial compliance test for the first 30 kiln operating days of kiln operation after the compliance date of the rule. See § 63.1348(a). (iii) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln-specific THC limit using Equation 9: Where: Cks = Kiln stack concentration (ppmvd). Qab = Alkali bypass flow rate (volume/hr). Cab = Alkali bypass concentration (ppmvd). Qcm = Coal mill flow rate (volume/hr). Ccm = Coal mill concentration (ppmvd). Qks = Kiln stack flow rate (volume/hr). (iv) THC must be measured either upstream of the coal mill or the coal mill stack. (v) Instead of conducting the performance test specified in paragraph (b)(4)of this section, you may conduct a performance test to determine emissions of total organic HAP by following the procedures in paragraph (b)(7) of this section. (5) Mercury Emissions Tests. (i) If you are using a mercury CEMS or a sorbent trap monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in § 63.1350(k)(5). (ii) Calculate the emission rate using Equation 10 of this section: Where: E 30D C i Q i i i k = Conversion factor, 1 lb/454,000,000 µg. n = Number of kiln operating hours in the previous 30 kiln operating day period where both C and Qi qualified data are available. P = Total runs from the previous 30 days of clinker production during the same time period as the mercury emissions measured, million tons. (6) HCl emissions tests. (i)(A) If the source is equipped with a wet scrubber, tray tower or dry scrubber, you must conduct performance testing using Method 321 of appendix A to this part unless you have installed a CEMS that meets the requirements § 63.1350(l)(1). For kilns with inline raw mills, testing must be conducted for the raw mill on and raw mill off conditions. (B) You must establish site specific parameter limits by using the CPMS required in § 63.1350(l)(1). For a wet scrubber or tray tower, measure and record the pressure drop across the scrubber and/or liquid flow rate and pH in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average pressure drop, pH, and average scrubber water flow rate for each sampling run in which the applicable emissions limit is met. For a dry scrubber, measure and record the sorbent injection rate in intervals of no more than 15 minutes during the HCl test. Compute and record the 24-hour average sorbent injection rate and average sorbent injection rate for each sampling run in which the applicable emissions limit is met. (ii)(A) If the source is not controlled by a wet scrubber, tray tower or dry sorbent injection system, you must operate a CEMS in accordance with the requirements of § 63.1350(l)(1). See § 63.1348(a). (B) The initial compliance test must be based on the 30 kiln operating days that occur after the compliance date of this rule in which the affected source operates using an HCl CEMS. Hourly HCl concentration data must be obtained according to § 63.1350(l). (iii) As an alternative to paragraph (b)(6)(i)(B) of this section, you may choose to monitor SO 2 2 (iv) If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through a separate stack, you must calculate a kiln-specific HCl limit using Equation 11: Where: Cks = Kiln stack concentration (ppmvd). Qab = Alkali bypass flow rate (volume/hr). Cab = Alkali bypass concentration (ppmvd). Qcm = Coal mill flow rate (volume/hr). Ccm = Coal mill concentration (ppmvd). Qks = Kiln stack flow rate (volume/hr). (v) As an alternative to paragraph (b)(6)(ii) of this section, the owner or operator may demonstrate initial compliance by conducting a performance test using Method 321 of appendix A to this part. You must also monitor continuous performance through use of an HCl CPMS according to paragraphs (b)(6)(v)(A) through (H) of this section. For kilns with inline raw mills, compliance testing and monitoring HCl to establish the site specific operating limit must be conducted during both raw mill on and raw mill off conditions. (A) For your HCl CPMS, you must establish a 30 kiln operating day site-specific operating limit. If your HCl performance test demonstrates your HCl emission levels to be less than 75 percent of your emission limit (2.25 ppmvd @7% O 2 2 2 ( 1 ( 2 ( 3 e.g., (B) Determine your operating limit as specified in paragraphs (b)(6)(i) or (iii) of this section. If your HCl performance test demonstrates your HCl emission levels to be below 75 percent of your emission limit, kilns with inline raw mills will use the time weighted average indicated HCl ppm concentration CPMS value recorded during the HCl compliance test, the zero value output from your HCl CPMS, and the time weighted average HCl result of your compliance test to establish your operating limit. Kilns without inline raw mills will not use a time weighted average value to establish their operating limit. If your time weighted HCl compliance test demonstrates your HCl emission levels to be at or above 75 percent of your emission limit, you will use the time weighted HCl CPMS indicated ppm value recorded during the HCl compliance test to establish your operating limit. Kilns without inline raw mills will not use time weighted compliance test results to make this determination. You must verify an existing operating limit or establish a new operating limit for each kiln, after each repeated performance test. (C) If the average of your three Method 321 compliance test runs (for kilns without an inline raw mill) or the time weighted average of your six Method 321 compliance test runs (for an kiln with an inline raw mill) is below 75 percent of your HCl emission limit, you must calculate an operating limit by establishing a relationship of the average HCl CPMS indicated ppm to the Method 321 test average HCl concentration using the HCl CPMS instrument zero, the average HCl CPMS indicated values corresponding to the three (for kilns without inline raw mills) or time weighted HCl CPMS indicated values corresponding to the six (for kilns with inline raw mills) compliance test runs, and the average HCl concentration (for kilns without raw mills) or average time weighted HCl concentration (for kilns with inline raw mills) from the Method 321 compliance test with the procedures in paragraphs (b)(6)(v)(C)( 1 5 ( 1 ( i ( ii 1 i ii ( 2 Where: X i Y i n = The number of data points. ( 3 Where: X i Y i n = The number of data points. ( 4 2 Where: R = The relative performance test concentration per indicated ppm for your HCl CPMS; Y 1 2 X 1 z = The ppm of your instrument zero determined from paragraph (b)(6)(v)(C)( 1 ( 5 Where: O l L = 3 ppmvd @7% O 2 z = Your instrument zero, determined from paragraph (b)(6)(v)(C)( 1 R = The relative performance test concentration per indicated ppm for your HCl CPMS, from Equation 11c. (D) If the average of your HCl compliance test runs is at or above 75 percent of your HCl emission limit (2.25 ppmvd@7% O 2 Where: O h X i n = The number of data points. (E) To determine continuous compliance with the operating limit, you must record the HCl CPMS indicated output data for all periods when the process is operating and use all the HCl CPMS data for calculations when the source is not out of control. You must demonstrate continuous compliance with the operating limit by using all quality-assured hourly average data collected by the HCl CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (ppmvw) on a 30 kiln operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 11f to determine the 30 kiln operating day average. Where: 30 kiln operating day parameter average = The average indicated value for the CPMS parameter over the previous 30 days of kiln operation; Hpv i n = The number of valid hourly parameter values collected over 30 kiln operating days. (F) If you exceed the 30 kiln operating day operating limit, you must evaluate the control system operation and re-set the operating limit. (G) The owner or operator of a kiln with an inline raw mill and subject to limitations on HCl emissions must demonstrate initial compliance by conducting separate performance tests while the raw mill is on and while the raw mill is off. Using the fraction of time the raw mill is on calculate your HCl CPMS limit as a weighted average of the HCl CPMS indicated values measured during raw mill on and raw mill off compliance testing using Equation 11g. Where: R = HCl CPMS operating limit; b = Average indicated HCl CPMS value during mill on operations, ppm; t = Fraction of operating time with mill on; a = Average indicated HCl CPMS value during mill off operations ppm; and (1−t) = Fraction of operating time with mill off. (H) Paragraph (b)(6)(v) of this section expires on July 25, 2017 at which time the owner or operator must demonstrate compliance with paragraphs (b)(6)(i), (ii), or (iii). (7) Total Organic HAP Emissions Tests. (i) Use Method 320 of appendix A to this part, Method 18 of Appendix A of part 60, ASTM D6348-03 or a combination to determine emissions of total organic HAP. Each performance test must consist of three separate runs under the conditions that exist when the affected source is operating at the representative performance conditions in accordance with § 63.7(e). Each run must be conducted for at least 1 hour. (ii) At the same time that you are conducting the performance test for total organic HAP, you must also determine a site-specific THC emissions limit by operating a THC CEMS in accordance with the requirements of § 63.1350(j). The duration of the performance test must be at least 3 hours and the average THC concentration (as calculated from the recorded output) during the 3-hour test must be calculated. You must establish your THC operating limit and determine compliance with it according to paragraphs (b)(7)(vii) and (viii) of this section. It is permissible to extend the testing time of the organic HAP performance test if you believe extended testing is required to adequately capture organic HAP and/or THC variability over time. (iii) If your source has an in-line kiln/raw mill you must use the fraction of time the raw mill is on and the fraction of time that the raw mill is off and calculate this limit as a weighted average of the THC levels measured during three raw mill on and three raw mill off tests. (iv) If your organic HAP emissions are below 75 percent of the organic HAP standard and you determine your operating limit with paragraph (b)(7)(vii) of this section your THC CEMS must be calibrated and operated on a measurement scale no greater than 180 ppmvw, as carbon, or 60 ppmvw as propane. (v) If your kiln has an inline coal mill and/or an alkali bypass with separate stacks, you are required to measure and account for oHAP emissions from their separate stacks. You are required to measure oHAP at the coal mill inlet or outlet and you must also measure oHAP at the alkali bypass outlet. You must then calculate a flow weighted average oHAP concentration for all emission sources including the inline coal mill and the alkali bypass. (vi) Your THC CEMS measurement scale must be capable of reading THC concentrations from zero to a level equivalent to two times your highest THC emissions average determined during your performance test, including mill on or mill off operation. Note: (vii) Determine your operating limit as specified in paragraphs (b)(7)(viii) and (ix) of this section. If your organic HAP performance test demonstrates your average organic HAP emission levels are below 75 percent of your emission limit (9 ppmv) you will use the average THC value recorded during the organic HAP performance test, and the average total organic HAP result of your performance test to establish your operating limit. If your organic HAP compliance test results demonstrate that your average organic HAP emission levels are at or above 75 percent of your emission limit, your operating limit is established as the average THC value recorded during the organic HAP performance test. You must establish a new operating limit after each performance test. You must repeat the performance test no later than 30 months following your last performance test and reassess and adjust the site-specific operating limit in accordance with the results of the performance test. (viii) If the average organic HAP results for your three Method 18 and/or Method 320 performance test runs are below 75 percent of your organic HAP emission limit, you must calculate an operating limit by establishing a relationship of THC CEMS signal to the organic HAP concentration using the average THC CEMS value corresponding to the three organic HAP compliance test runs and the average organic HAP total concentration from the Method 18 and/or Method 320 performance test runs with the procedures in (b)(7)(viii)(A) and (B) of this section. (A) Determine the THC CEMS average value in ppmvw, and the average of your corresponding three total organic HAP compliance test runs, using Equation 12. Where: x X i y Y i n = The number of data points. (B) You must use your 3-run average THC CEMS value and your 3-run average organic HAP concentration from your Method 18 and/or Method 320 compliance tests to determine the operating limit. Use equation 13 to determine your operating limit in units of ppmvw THC, as propane. Where: T l y x 9 = 75 percent of the organic HAP emissions limit (12 ppmvd, corrected to 7 percent oxygen) (ix) If the average of your three organic HAP performance test runs is at or above 75 percent of your organic HAP emission limit, you must determine your operating limit using Equation 14 by averaging the THC CEMS output values corresponding to your three organic HAP performance test runs that demonstrate compliance with the emission limit. If your new THC CEMS value is below your current operating limit, you may opt to retain your current operating limit, but you must still submit all performance test and THC CEMS data according to the reporting requirements in paragraph (d)(1) of this section. Where: X 1 n = The number of data points. T h (x) If your kiln has an inline kiln/raw mill, you must conduct separate performance tests while the raw mill is operating (“mill on”) and while the raw mill is not operating (“mill off”). Using the fraction of time the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the THC levels measured during raw mill on and raw mill off compliance testing with Equation 15. Where: R = Operating limit as THC, ppmvw. y = Average THC CEMS value during mill on operations, ppmvw. t = Percentage of operating time with mill on. x = Average THC CEMS value during mill off operations, ppmvw. (1-t) = Percentage of operating time with mill off. (xi) To determine continuous compliance with the THC operating limit, you must record the THC CEMS output data for all periods when the process is operating and the THC CEMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the THC CEMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (ppmvw) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. Use Equation 16 to determine the 30 kiln operating day average. Where: Hpvi = The hourly parameter value for hour i, ppmvw. n = The number of valid hourly parameter values collected over 30 kiln operating days. (xii) Use EPA Method 18 or Method 320 of appendix A to part 60 of this chapter to determine organic HAP emissions. For each performance test, conduct at least three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur. If your source has an in-line kiln/raw mill you must conduct three separate test runs with the raw mill on, and three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur with the mill off. Conduct each Method 18 test run to collect a minimum target sample equivalent to three times the method detection limit. Calculate the average of the results from three runs to determine compliance. (xiii) If the THC level exceeds by 10 percent or more your site-specific THC emissions limit, you must (A) As soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the THC CEMS measurements to within the established value; and (B) Within 90 days of the exceedance or at the time of the 30 month compliance test, whichever comes first, conduct another performance test to determine compliance with the organic HAP limit and to verify or re-establish your site-specific THC emissions limit. (8) HCl Emissions Tests with SO 2 2 2 (i) Use Method 321 of appendix A to this part to determine emissions of HCl. Each performance test must consist of three separate runs under the conditions that exist when the affected source is operating at the representative performance conditions in accordance with § 63.7(e). Each run must be conducted for at least one hour. (ii) At the same time that you are conducting the performance test for HCl, you must also determine a site-specific SO 2 2 2 2 (iii) If your source has an in-line kiln/raw mill you must use the fraction of time the raw mill is on and the fraction of time that the raw mill is off and calculate this limit as a weighted average of the SO 2 (iv) Your SO 2 (v) Your SO 2 2 (vi) If your kiln has an inline kiln/raw mill, you must conduct separate performance tests while the raw mill is operating (“mill on”) and while the raw mill is not operating (“mill off”). Using the fraction of time that the raw mill is on and the fraction of time that the raw mill is off, calculate this limit as a weighted average of the SO 2 Where: R = Operating limit as SO 2 y = Average SO 2 t = Percentage of operating time with mill on, expressed as a decimal. x = Average SO 2 1−t = Percentage of operating time with mill off, expressed as a decimal. (vii) If the average of your three HCl compliance test runs is below 75 percent of your HCl emission limit, you may as a compliance alternative, calculate an operating limit by establishing a relationship of SO 2 2 2 2 (A) Determine your SO 2 ( 1 ( 2 ( 3 2. ( 4 1 3 (B) Determine your SO 2 Where: x 2 X 1 2 y Y 1 n = The number of data points. (C) With your instrument zero expressed in ppmv, your SO 2 2 2 2 Where: R = The relative HCl ppmvd, corrected to 7 percent oxygen , 2 2 y x 2 z = The instrument zero output ppmv value. (D) Determine your source specific 30-day rolling average operating limit using ppm HCl corrected to 7 percent O 2 2 2 Where: O l 2 L = Your source HCl emission limit expressed in ppmv corrected to 7 percent O 2 z = Your instrument zero in ppmv, determined from (1)(i). R = The relative oxygen corrected ppmv HCl per ppmv SO 2 2 (viii) To determine continuous compliance with the SO 2 2 2 2 Where: Hpvi = The hourly parameter value for hour i, ppmvw. n = The number of valid hourly parameter values collected over 30 kiln operating days. (ix) Use EPA Method 321 of appendix A to part 60 of this chapter to determine HCl emissions. For each performance test, conduct at least three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur. If your source has an in-line kiln/raw mill you must conduct three separate test runs with the raw mill on, and three separate runs under the conditions that exist when the affected source is operating at the level reasonably expected to occur with the mill off. (x) If the SO 2 2 (A) As soon as possible but no later than 30 days after the exceedance, conduct an inspection and take corrective action to return the SO 2 (B) Within 90 days of the exceedance or at the time of the periodic compliance test, whichever comes first, conduct another performance test to determine compliance with the HCl limit and to verify or re-establish your site-specific SO 2 (c) Performance test frequency. (d) [Reseved] (e) Conditions of performance tests. [75 FR 55057, Sept. 9, 2010, as amended at 78 FR 10040, Feb. 12, 2013; 80 FR 44781, July 27, 2015; 80 FR 54729, Sept. 11, 2015; 81 FR 48359, July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR 39673, Aug. 22, 2017; 83 FR 35132, July 25, 2018; 85 FR 63418, Oct. 7, 2020] § 63.1350 Monitoring requirements. (a)(1) Following the compliance date, the owner or operator must demonstrate compliance with this subpart on a continuous basis by meeting the requirements of this section. (2) [Reserved] (3) For each existing unit that is equipped with a CMS, maintain the average emissions or the operating parameter values within the operating parameter limits established through performance tests. (4) Any instance where the owner or operator fails to comply with the continuous monitoring requirements of this section is a violation. (b) PM monitoring requirements. PM CPMS. (ii) To determine continuous compliance, you must use the PM CPMS output data for all periods when the process is operating and the PM CPMS is not out-of-control. You must demonstrate continuous compliance by using all quality-assured hourly average data collected by the PM CPMS for all operating hours to calculate the arithmetic average operating parameter in units of the operating limit (milliamps) on a 30 operating day rolling average basis, updated at the end of each new kiln operating day. (iii) For any exceedance of the 30 process operating day PM CPMS average value from the established operating parameter limit, you must: (A) Within 48 hours of the exceedance, visually inspect the APCD; (B) If inspection of the APCD identifies the cause of the exceedance, take corrective action as soon as possible and return the PM CPMS measurement to within the established value; and (C) Within 30 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct a PM emissions compliance test to determine compliance with the PM emissions limit and to verify or re-establish the PM CPMS operating limit within 45 days. You are not required to conduct additional testing for any exceedances that occur between the time of the original exceedance and the PM emissions compliance test required under this paragraph. (iv) PM CPMS exceedances leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a presumptive violation of this subpart. (2) [Reserved] (c) [Reserved] (d) Clinker production monitoring requirements. (1) Determine hourly clinker production by one of two methods: (i) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of clinker produced. The system of measuring hourly clinker production must be maintained within ±5 percent accuracy, or (ii) Install, calibrate, maintain, and operate a permanent weigh scale system to measure and record weight rates in tons-mass per hour of the amount of feed to the kiln. The system of measuring feed must be maintained within ±5 percent accuracy. Calculate your hourly clinker production rate using a kiln-specific feed to clinker ratio based on reconciled clinker production determined for accounting purposes and recorded feed rates. Update this ratio monthly. Note that if this ratio changes at clinker reconciliation, you must use the new ratio going forward, but you do not have to retroactively change clinker production rates previously estimated. (iii) [Reserved] (2) Determine, record, and maintain a record of the accuracy of the system of measuring hourly clinker production (or feed mass flow if applicable) before initial use (for new sources) or by the effective compliance date of this rule (for existing sources). During each quarter of source operation, you must determine, record, and maintain a record of the ongoing accuracy of the system of measuring hourly clinker production (or feed mass flow). (3) If you measure clinker production directly, record the daily clinker production rates; if you measure the kiln feed rates and calculate clinker production, record the hourly kiln feed and clinker production rates. (4) Develop an emissions monitoring plan in accordance with paragraphs (p)(1) through (p)(4) of this section. (e) [Reserved] (f) Opacity monitoring requirements. (1)(i) You must conduct a monthly 10-minute visible emissions test of each affected source in accordance with Method 22 of appendix A-7 to part 60 of this chapter. The performance test must be conducted while the affected source is in operation. (ii) If no visible emissions are observed in six consecutive monthly tests for any affected source, the owner or operator may decrease the frequency of performance testing from monthly to semi-annually for that affected source. If visible emissions are observed during any semi-annual test, you must resume performance testing of that affected source on a monthly basis and maintain that schedule until no visible emissions are observed in six consecutive monthly tests. (iii) If no visible emissions are observed during the semi-annual test for any affected source, you may decrease the frequency of performance testing from semi-annually to annually for that affected source. If visible emissions are observed during any annual performance test, the owner or operator must resume performance testing of that affected source on a monthly basis and maintain that schedule until no visible emissions are observed in six consecutive monthly tests. (iv) If visible emissions are observed during any Method 22 performance test, of appendix A-7 to part 60 of this chapter, you must conduct 30 minutes of opacity observations, recorded at 15-second intervals, in accordance with Method 9 of appendix A-4 to part 60 of this chapter. The Method 9 performance test, of appendix A-4 to part 60 of this chapter, must begin within 1 hour of any observation of visible emissions. (v) Any totally enclosed conveying system transfer point, regardless of the location of the transfer point is not required to conduct Method 22 visible emissions monitoring under this paragraph. The enclosures for these transfer points must be operated and maintained as total enclosures on a continuing basis in accordance with the facility operations and maintenance plan. (vi) If any partially enclosed or unenclosed conveying system transfer point is located in a building, you must conduct a Method 22 performance test, of appendix A-7 to part 60 of this chapter, according to the requirements of paragraphs (f)(1)(i) through (iv) of this section for each such conveying system transfer point located within the building, or for the building itself, according to paragraph (f)(1)(vii) of this section. (vii) If visible emissions from a building are monitored, the requirements of paragraphs (f)(1)(i) through (f)(1)(iv) of this section apply to the monitoring of the building, and you must also test visible emissions from each side, roof, and vent of the building for at least 10 minutes. (2)(i) For a raw mill or finish mill, you must monitor opacity by conducting daily visible emissions observations of the mill sweep and air separator PM control devices (PMCD) of these affected sources in accordance with the procedures of Method 22 of appendix A-7 to part 60 of this chapter. The duration of the Method 22 performance test must be 6 minutes. (ii) Within 24 hours of the end of the Method 22 performance test in which visible emissions were observed, the owner or operator must conduct a follow up Method 22 performance test of each stack from which visible emissions were observed during the previous Method 22 performance test. (iii) If visible emissions are observed during the follow-up Method 22 performance test required by paragraph (f)(2)(ii) of this section from any stack from which visible emissions were observed during the previous Method 22 performance test required by paragraph (f)(2)(i) of the section, you must then conduct an opacity test of each stack from which emissions were observed during the follow up Method 22 performance test in accordance with Method 9 of appendix A-4 to part 60 of this chapter. The duration of the Method 9 test must be 30 minutes. (3) If visible emissions are observed during any Method 22 visible emissions test conducted under paragraphs (f)(1) or (2) of this section, you must initiate, within one-hour, the corrective actions specified in your operation and maintenance plan as required in § 63.1347. (4) The requirements under paragraph (f)(2) of this section to conduct daily Method 22 testing do not apply to any specific raw mill or finish mill equipped with a COMS or BLDS. (i) If the owner or operator chooses to install a COMS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this section, then the COMS must be installed at the outlet of the PM control device of the raw mill or finish mill and the COMS must be installed, maintained, calibrated, and operated as required by the general provisions in subpart A of this part and according to PS-1 of appendix B to part 60 of this chapter. (ii) If you choose to install a BLDS in lieu of conducting the daily visible emissions testing required under paragraph (f)(2) of this section, the requirements in paragraphs (m)(1) through (m)(4), (m)(10) and (m)(11) of this section apply. (g) D/F monitoring requirements. (1) You must install, calibrate, maintain, and continuously operate a CMS to record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to, or upstream of, the kiln and/or alkali bypass PMCDs. (i) The temperature recorder response range must include zero and 1.5 times the average temperature established according to the requirements in § 63.1349(b)(3)(iv). (ii) The calibration reference for the temperature measurement must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or alternate reference, subject to approval by the Administrator. (iii) The calibration of all thermocouples and other temperature sensors must be verified at least once every three months. (2) You must monitor and continuously record the temperature of the exhaust gases from the kiln and alkali bypass, if applicable, at the inlet to the kiln and/or alkali bypass PMCD. (3) The required minimum data collection frequency must be one minute. (4) Every hour, record the calculated rolling three-hour average temperature using the average of 180 successive one-minute average temperatures. See § 63.1349(b)(3). (5) When the operating status of the raw mill of the in-line kiln/raw mill is changed from off to on or from on to off, the calculation of the three-hour rolling average temperature must begin anew, without considering previous recordings. (h) Monitoring requirements for sources using sorbent injection. (1) Install, operate, calibrate, and maintain a continuous monitor to record the rate of activated carbon injection. The accuracy of the rate measurement device must be ±1 percent of the rate being measured. (i) Verify the calibration of the device at least once every three months. (ii) Each hour, calculate the three-hour rolling average activated carbon injection rate for the previous three hours of process operation. See § 63.1349(b)(3). (iii) When the operating status of the raw mill of the in-line kiln/raw mill is changed from off to on or from on to off, the calculation of the three-hour rolling average activated carbon injection rate must begin anew, without considering previous recordings. (2)(i) Install, operate, calibrate, and maintain a continuous monitor to record the activated carbon injection system carrier gas parameter (either the carrier gas flow rate or the carrier gas pressure drop) established during the D/F performance test in accordance with § 63.1349(b)(3). (ii) Each hour, calculate the 3-hour rolling average of the selected parameter value for the previous 3 hours of process operation using all of the one-minute data available ( i.e., (i) THC monitoring requirements. (1) You must install, operate, and maintain a THC continuous emission monitoring system in accordance with Performance Specification 8 or Performance Specification 8A of appendix B to part 60 of this chapter and comply with all of the requirements for continuous monitoring systems found in the general provisions, subpart A of this part. The owner or operator must operate and maintain each CEMS according to the quality assurance requirements in Procedure 1 of appendix F in part 60 of this chapter. For THC continuous emission monitoring systems certified under Performance Specification 8A, conduct the relative accuracy test audits required under Procedure 1 in accordance with Performance Specification 8, Sections 8 and 11 using Method 25A in appendix A to 40 CFR part 60 as the reference method; the relative accuracy must meet the criteria of Performance Specification 8, Section 13.2. (2) Performance tests on alkali bypass and coal mill stacks must be conducted using Method 25A in appendix A to 40 CFR part 60 and repeated every 30 months. (j) Total organic HAP monitoring requirements. (k) Mercury monitoring requirements. (1) You must use a span value for any Hg CEMS that represents the mercury concentration corresponding to approximately two times the emissions standard and may be rounded up to the nearest multiple of 5 µg/m 3 (2) In order to quality assure data measured above the span value, you must use one of the four options in paragraphs (k)(2)(i) through (iv) of this section. (i) Include a second span that encompasses the Hg emission concentrations expected to be encountered during “mill off” conditions. This second span may be rounded to a multiple of 5 µg/m 3 (ii) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (k)(1) of this section using the following procedure. Conduct a weekly “above span linearity” calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75 percent of the highest measured hourly concentration. The “above span” reference gas must meet the requirements of PS 12A, Section 7.1 and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The “above span linearity” challenge is successful if the value measured by the Hg CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the Hg CEMS during the above span linearity challenge exceeds ±10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new “above span linearity” challenge met before returning the Hg CEMS to service, or data above span from the Hg CEMS must be subject to the quality assurance procedures established in paragraph (k)(2)(iii) of this section. In this manner all hourly average values exceeding the span value measured by the Hg CEMS during the week following the above span linearity challenge when the CEMS response exceeds ±20 percent of the certified value of the reference gas must be normalized using Equation 22. (iii) Quality assure any data above the span value established in paragraph (k)(1) of this section using the following procedure. Any time two consecutive 1-hour average measured concentrations of Hg exceeds the span value you must, within 24 hours before or after, introduce a higher, “above span” Hg reference gas standard to the Hg CEMS. The “above span” reference gas must meet the requirements of PS 12A, Section 7.1, must target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include “above span” calibrations done before or after the above span measurement period. Record and report the results of this procedure as you would for a daily calibration. The “above span” calibration is successful if the value measured by the Hg CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the Hg CEMS exceeds 20 percent of the certified value of the reference gas, then you must normalize the one-hour average stack gas values measured above the span during the 24-hour period preceding or following the “above span” calibration for reporting based on the Hg CEMS response to the reference gas as shown in Equation 22. Only one “above span” calibration is needed per 24-hour period. (3) You must operate and maintain each Hg CEMS or an integrated sorbent trap monitoring system according to the quality assurance requirements in Procedure 5 of appendix F to part 60 of this chapter. During the RATA of integrated sorbent trap monitoring systems required under Procedure 5, you may apply the appropriate exception for sorbent trap section 2 breakthrough in (k)(3)(i) through (iv) of this section: (i) For stack Hg concentrations >1 µg/dscm, ≤10% of section 1 mass; (ii) For stack Hg concentrations ≤1 µg/dscm and >0.5 µg/dscm, ≤20% of section 1 mass; (iii) For stack Hg concentrations ≤0.5 µg/dscm and >0.1 µg/dscm, ≤50% of section 1 mass; and (iv) For stack Hg concentrations ≤0.1 µg/dscm, no breakthrough criterion assuming all other QA/QC specifications are met. (4) Relative accuracy testing of mercury monitoring systems under PS 12A, PS 12B, or Procedure 5 must be conducted at normal operating conditions. If a facility has an inline raw mill, the testing must occur with the raw mill on. (5) If you use a Hg CEMS or an integrated sorbent trap monitoring system, you must install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere according to the requirements in paragraphs (n)(1) through (10) of this section. If kiln gases are diverted through an alkali bypass or to a coal mill and exhausted through separate stacks, you must account for the mercury emitted from those stacks by following the procedures in (k)(5)(i) through (iv) of this section: (i) Develop a mercury hourly mass emissions rate by conducting performance tests annually, within 11 to 13 calendar months after the previous performance test, using Method 29, or Method 30B, to measure the concentration of mercury in the gases exhausted from the alkali bypass and coal mill. (ii) On a continuous basis, determine the mass emissions of mercury in lb/hr from the alkali bypass and coal mill exhausts by using the mercury hourly emissions rate and the exhaust gas flow rate to calculate hourly mercury emissions in lb/hr. (iii) Sum the hourly mercury emissions from the kiln, alkali bypass and coal mill to determine total mercury emissions. Using hourly clinker production, calculate the hourly emissions rate in pounds per ton of clinker to determine your 30 day rolling average. (iv) If mercury emissions from the coal mill and alkali bypass are below the method detection limit for two consecutive annual performance tests, you may reduce the frequency of the performance tests of coal mills and alkali bypasses to once every 30 months. If the measured mercury concentration exceeds the method detection limit, you must revert to testing annually until two consecutive annual tests are below the method detection limit. (6) If you operate an integrated sorbent trap monitoring system conforming to PS 12B, you may use a monitoring period at least 24 hours but no longer than 168 hours in length. You should use a monitoring period that is a multiple of 24 hours (except during relative accuracy testing as allowed in PS 12B). (l) HCl monitoring requirements. 2 (1) If you monitor compliance with the HCl emissions limit by operating an HCl CEMS, you must do so in accordance with Performance Specification (PS) 15 or PS 18 of appendix B to part 60 of this chapter, or, upon promulgation, in accordance with any other performance specification for HCl CEMS in appendix B to part 60 of this chapter. You must operate, maintain, and quality assure a HCl CEMS installed and certified under PS 15 according to the quality assurance requirements in Procedure 1 of appendix F to part 60 of this chapter except that the Relative Accuracy Test Audit requirements of Procedure 1 must be replaced with the validation requirements and criteria of sections 11.1.1 and 12.0 of PS 15. If you choose to install and operate an HCl CEMS in accordance with PS 18, you must operate, maintain, and quality assure the HCl CEMS using the associated Procedure 6 of appendix F to part 60 of this chapter. For any performance specification that you use, you must use Method 321 of appendix A to this part as the reference test method for conducting relative accuracy testing. The span value and calibration requirements in paragraphs (l)(1)(i) and (ii) of this section apply to HCl CEMS other than those installed and certified under PS 15 or PS 18. (i) You must use a measurement span value for any HCl CEMS of 0-10 ppmvw unless the monitor is installed on a kiln without an inline raw mill. Kilns without an inline raw mill may use a higher span value sufficient to quantify all expected emissions concentrations. The HCl CEMS data recorder output range must include the full range of expected HCl concentration values which would include those expected during “mill off” conditions. The corresponding data recorder range shall be documented in the site-specific monitoring plan and associated records. (ii) In order to quality assure data measured above the span value, you must use one of the three options in paragraphs (l)(1)(ii)(A) through (C) of this section. (A) Include a second span that encompasses the HCl emission concentrations expected to be encountered during “mill off” conditions. This second span may be rounded to a multiple of 5 ppm of total HCl. The requirements of the appropriate HCl monitor performance specification shall be followed for this second span with the exception that a RATA with the mill off is not required. (B) Quality assure any data above the span value by proving instrument linearity beyond the span value established in paragraph (l)(1)(i) of this section using the following procedure. Conduct a weekly “above span linearity” calibration challenge of the monitoring system using a reference gas with a certified value greater than your highest expected hourly concentration or greater than 75 percent of the highest measured hourly concentration. The “above span” reference gas must meet the requirements of the applicable performance specification and must be introduced to the measurement system at the probe. Record and report the results of this procedure as you would for a daily calibration. The “above span linearity” challenge is successful if the value measured by the HCl CEMS falls within 10 percent of the certified value of the reference gas. If the value measured by the HCl CEMS during the above span linearity challenge exceeds 10 percent of the certified value of the reference gas, the monitoring system must be evaluated and repaired and a new “above span linearity” challenge met before returning the HCl CEMS to service, or data above span from the HCl CEMS must be subject to the quality assurance procedures established in paragraph (l)(1)(ii)(D) of this section. Any HCl CEMS above span linearity challenge response exceeding ±20 percent of the certified value of the reference gas requires that all above span hourly averages during the week following the above span linearity challenge must be normalized using Equation 23. (C) Quality assure any data above the span value established in paragraph (l)(1)(i) of this section using the following procedure. Any time two consecutive one-hour average measured concentration of HCl exceeds the span value you must, within 24 hours before or after, introduce a higher, “above span” HCl reference gas standard to the HCl CEMS. The “above span” reference gas must meet the requirements of the applicable performance specification and target a concentration level between 50 and 150 percent of the highest expected hourly concentration measured during the period of measurements above span, and must be introduced at the probe. While this target represents a desired concentration range that is not always achievable in practice, it is expected that the intent to meet this range is demonstrated by the value of the reference gas. Expected values may include above span calibrations done before or after the above-span measurement period. Record and report the results of this procedure as you would for a daily calibration. The “above span” calibration is successful if the value measured by the HCl CEMS is within 20 percent of the certified value of the reference gas. If the value measured by the HCl CEMS is not within 20 percent of the certified value of the reference gas, then you must normalize the stack gas values measured above span as described in paragraph (l)(1)(ii)(D) of this section. (D) In the event that the “above span” calibration is not successful ( i.e., Only one “above span” calibration is needed per 24-hour period. (2) Install, operate, and maintain a CMS to monitor wet scrubber or tray tower parameters, as specified in paragraphs (m)(5) and (7) of this section, and dry scrubber, as specified in paragraph (m)(9) of this section. (3) If the source is equipped with a wet or dry scrubber or tray tower, and you choose to monitor SO 2 2 2 2 (i) As soon as possible but no later than 30 days after you exceed the established SO 2 2 (ii) Within 90 days of the exceedance or at the time of the next compliance test, whichever comes first, conduct an HCl emissions compliance test to determine compliance with the HCl emissions limit and to verify or re-establish the SO 2 (4) If you monitor continuous performance through the use of an HCl CPMS according to paragraphs (b)(6)(v)(A) through (H) of § 63.1349, for any exceedance of the 30 kiln operating day HCl CPMS average value from the established operating limit, you must: (i) Within 48 hours of the exceedance, visually inspect the APCD; (ii) If inspection of the APCD identifies the cause of the exceedance, take corrective action as soon as possible and return the HCl CPMS measurement to within the established value; and (iii) Within 30 days of the exceedance or at the time of the annual compliance test, whichever comes first, conduct an HCl emissions compliance test to determine compliance with the HCl emissions limit and to verify or reestablish the HCl CPMS operating limit within 45 days. You are not required to conduct additional testing for any exceedances that occur between the time of the original exceedance and the HCl emissions compliance test required under this paragraph. (iv) HCl CPMS exceedances leading to more than four required performance tests in a 12-month process operating period (rolling monthly) constitute a presumptive violation of this subpart. (m) Parameter monitoring requirements. (1) The CMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four successive cycles of operation to have a valid hour of data. (2) You must conduct all monitoring in continuous operation at all times that the unit is operating. (3) Determine the 1-hour block average of all recorded readings. (4) Record the results of each inspection, calibration, and validation check. (5) Liquid flow rate monitoring requirements. (i) Locate the flow sensor and other necessary equipment in a position that provides a representative flow. (ii) Use a flow sensor with a measurement sensitivity of 2 percent of the flow rate. (iii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iv) Conduct a flow sensor calibration check at least semiannually. (6) Specific pressure monitoring requirements. (i) Locate the pressure sensor(s) in a position that provides a representative measurement of the pressure. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Use a gauge with a minimum tolerance of 1.27 centimeters of water or a transducer with a minimum tolerance of 1 percent of the pressure range. (iv) Check pressure tap pluggage daily. (v) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (vi) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (7) Specific pH monitoring requirements. (i) Locate the pH sensor in a position that provides a representative measurement of wet scrubber or tray tower effluent pH. (ii) Ensure the sample is properly mixed and representative of the fluid to be measured. (iii) Check the pH meter's calibration on at least two points every 8 hours of process operation. (8) [Reserved] (9) Mass flow rate (for sorbent injection) monitoring requirements. e.g., (i) Locate the device in a position(s) that provides a representative measurement of the total sorbent injection rate. (ii) Install and calibrate the device in accordance with manufacturer's procedures and specifications. (iii) At least annually, calibrate the device in accordance with the manufacturer's procedures and specifications. (10) Bag leak detection monitoring requirements. (i) You must install and operate a BLDS for each exhaust stack of the fabric filter. (ii) Each BLDS must be installed, operated, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations and in accordance with the guidance provided in EPA-454/R-98-015, September 1997. (iii) The BLDS must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 or fewer milligrams per actual cubic meter. (iv) The BLDS sensor must provide output of relative or absolute PM loadings. (v) The BLDS must be equipped with a device to continuously record the output signal from the sensor. (vi) The BLDS must be equipped with an alarm system that will alert an operator automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located such that the alert is detected and recognized easily by an operator. (vii) For positive pressure fabric filter systems that do not duct all compartments of cells to a common stack, a BLDS must be installed in each baghouse compartment or cell. (viii) Where multiple bag leak detectors are required, the system's instrumentation and alarm may be shared among detectors. (11) For each BLDS, the owner or operator must initiate procedures to determine the cause of every alarm within 8 hours of the alarm. The owner or operator must alleviate the cause of the alarm within 24 hours of the alarm by taking whatever corrective action(s) are necessary. Corrective actions may include, but are not limited to the following: (i) Inspecting the fabric filter for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in PM emissions; (ii) Sealing off defective bags or filter media; (iii) Replacing defective bags or filter media or otherwise repairing the control device; (iv) Sealing off a defective fabric filter compartment; (v) Cleaning the BLDS probe or otherwise repairing the BLDS; or (vi) Shutting down the process producing the PM emissions. (n) Continuous Flow Rate Monitoring System. (1) You must install each sensor of the flow rate monitoring system in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the mercury CEMS, taking into account the manufacturer's recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. (2) The flow rate monitoring system must be designed to measure the exhaust flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust flow rate. (3) [Reserved] (4) The flow rate monitoring system must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (n)(2) of this section. (5) The signal conditioner, wiring, power supply, and data acquisition and recording system for the flow rate monitoring system must be compatible with the output signal of the flow rate sensors used in the monitoring system. (6) The flow rate monitoring system must be designed to complete a minimum of one cycle of operation for each successive 15-minute period. (7) The flow rate sensor must have provisions to determine the daily zero and upscale calibration drift (CD) ( see (i) Conduct the CD tests at two reference signal levels, zero (e.g., 0 to 20 percent of span) and upscale (e.g., 50 to 70 percent of span). (ii) The absolute value of the difference between the flow monitor response and the reference signal must be equal to or less than 3 percent of the flow monitor span. (8) You must perform an initial relative accuracy test of the flow rate monitoring system according to Section 8.2 of Performance Specification 6 of appendix B to part 60 of the chapter with the exceptions in paragraphs (n)(8)(i) and (n)(8)(ii) of this section. (i) The relative accuracy test is to evaluate the flow rate monitoring system alone rather than a continuous emission rate monitoring system. (ii) The relative accuracy of the flow rate monitoring system shall be no greater than 10 percent of the mean value of the reference method data. (9) You must verify the accuracy of the flow rate monitoring system at least once per year by repeating the relative accuracy test specified in paragraph (n)(8). (10) You must operate the flow rate monitoring system and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments). (o) Alternate monitoring requirements approval. (1) The Administrator will not approve averaging periods other than those specified in this section, unless you document, using data or information, that the longer averaging period will ensure that emissions do not exceed levels achieved during the performance test over any increment of time equivalent to the time required to conduct three runs of the performance test. (2) If the application to use an alternate monitoring requirement is approved, you must continue to use the original monitoring requirement until approval is received to use another monitoring requirement. (3) You must submit the application for approval of alternate monitoring requirements no later than the notification of performance test. The application must contain the information specified in paragraphs (o)(3)(i) through (iii) of this section: (i) Data or information justifying the request, such as the technical or economic infeasibility, or the impracticality of using the required approach; (ii) A description of the proposed alternative monitoring requirement, including the operating parameter to be monitored, the monitoring approach and technique, the averaging period for the limit, and how the limit is to be calculated; and (iii) Data or information documenting that the alternative monitoring requirement would provide equivalent or better assurance of compliance with the relevant emission standard. (4) The Administrator will notify you of the approval or denial of the application within 90 calendar days after receipt of the original request, or within 60 calendar days of the receipt of any supplementary information, whichever is later. The Administrator will not approve an alternate monitoring application unless it would provide equivalent or better assurance of compliance with the relevant emission standard. Before disapproving any alternate monitoring application, the Administrator will provide: (i) Notice of the information and findings upon which the intended disapproval is based; and (ii) Notice of opportunity for you to present additional supporting information before final action is taken on the application. This notice will specify how much additional time is allowed for you to provide additional supporting information. (5) You are responsible for submitting any supporting information in a timely manner to enable the Administrator to consider the application prior to the performance test. Neither submittal of an application, nor the Administrator's failure to approve or disapprove the application relieves you of the responsibility to comply with any provision of this subpart. (6) The Administrator may decide at any time, on a case-by-case basis that additional or alternative operating limits, or alternative approaches to establishing operating limits, are necessary to demonstrate compliance with the emission standards of this subpart. (p) Development and submittal (upon request) of monitoring plans. (1) For each CMS required in this section, you must develop, and submit to the permitting authority for approval upon request, a site-specific monitoring plan that addresses paragraphs (p)(1)(i) through (iii) of this section. You must submit this site-specific monitoring plan, if requested, at least 30 days before your initial performance evaluation of your CMS. (i) Installation of the CMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); (ii) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction systems; and (iii) Performance evaluation procedures and acceptance criteria (e.g., calibrations). (2) In your site-specific monitoring plan, you must also address paragraphs (p)(2)(i) through (iii) of this section. (i) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1), (c)(3), and (c)(4)(ii); (ii) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d); and (iii) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c), (e)(1), and (e)(2)(i). (3) You must conduct a performance evaluation of each CMS in accordance with your site-specific monitoring plan. (4) You must operate and maintain the CMS in continuous operation according to the site-specific monitoring plan. (5) BLDS monitoring plan. (i) Installation of the BLDS; (ii) Initial and periodic adjustment of the BLDS, including how the alarm set-point will be established; (iii) Operation of the BLDS, including quality assurance procedures; (iv) How the BLDS will be maintained, including a routine maintenance schedule and spare parts inventory list; (v) How the BLDS output will be recorded and stored. [75 FR 55059, Sept. 9, 2010, as amended at 76 FR 2836, Jan. 18, 2011; 78 FR 10048, Feb. 12, 2013; 80 FR 44788, July 27, 2015; 80 FR 54729, Sept. 11, 2015; 81 FR 48361, July 25, 2016; 82 FR 28565, June 23, 2017; 82 FR 39673, Aug. 22, 2017; 83 FR 35133, July 25, 2018] § 63.1351 Compliance dates. (a) The compliance date for any affected existing source subject to any rule requirements that were in effect before December 20, 2006, is: (1) June 14, 2002, for sources that commenced construction before or on March 24, 1998, or (2) June 14, 1999 or startup for sources that commenced construction after March 24, 1998. (b) The compliance date for any affected existing source subject to any rule requirements that became effective on December 20, 2006, is: (1) December 21, 2009, for sources that commenced construction after December 2, 2005 and before or on December 20, 2006, or (2) Startup for sources that commenced construction after December 20, 2006. (c) The compliance date for existing sources for all the requirements that became effective on February 12, 2013, except for the open clinker pile requirements will be September 9, 2015. (d) The compliance date for new sources is February 12, 2013, or startup, whichever is later. (e) The compliance date for existing sources with the requirements for open clinker storage piles in § 63.1343(c) is February 12, 2014. [76 FR 2836, Jan. 18, 2011, as amended at 78 FR 10053, Feb. 12, 2013] § 63.1352 Additional test methods. (a) If you are conducting tests to determine the rates of emission of HCl from kilns and associated bypass stacks at portland cement manufacturing facilities, for use in applicability determinations under § 63.1340, you may use Method 320 or Method 321 of appendix A of this part. (b) Owners or operators conducting tests to determine the rates of emission of specific organic HAP from raw material dryers, and kilns at Portland cement manufacturing facilities, solely for use in applicability determinations under § 63.1340 of this subpart are permitted to use Method 320 of appendix A to this part, or Method 18 of appendix A to part 60 of this chapter. [75 FR 55063, Sept. 9, 2010, as amended at 78 FR 10053, Feb. 12, 2013] Notification, Reporting and Recordkeeping § 63.1353 Notification requirements. (a) The notification provisions of 40 CFR part 63, subpart A that apply and those that do not apply to owners and operators of affected sources subject to this subpart are listed in Table 1 of this subpart. If any State requires a notice that contains all of the information required in a notification listed in this section, the owner or operator may send the Administrator a copy of the notice sent to the State to satisfy the requirements of this section for that notification. (b) Each owner or operator subject to the requirements of this subpart shall comply with the notification requirements in § 63.9 as follows: (1) Initial notifications as required by § 63.9(b) through (d). For the purposes of this subpart, a Title V or 40 CFR part 70 permit application may be used in lieu of the initial notification required under § 63.9(b), provided the same information is contained in the permit application as required by § 63.9(b), and the State to which the permit application has been submitted has an approved operating permit program under part 70 of this chapter and has received delegation of authority from the EPA. Permit applications shall be submitted by the same due dates as those specified for the initial notification. (2) Notification of performance tests, as required by §§ 63.7 and 63.9(e). (3) Notification of opacity and visible emission observations required by § 63.1349 in accordance with §§ 63.6(h)(5) and 63.9(f). (4) Notification, as required by § 63.9(g), of the date that the continuous emission monitor performance evaluation required by § 63.8(e) is scheduled to begin. (5) Notification of compliance status, as required by § 63.9(h). (6) Within 48 hours of an exceedance that triggers retesting to establish compliance and new operating limits, notify the appropriate permitting agency of the planned performance tests. The notification requirements of §§ 63.7(b) and 63.9(e) do not apply to retesting required for exceedances under this subpart. [64 FR 31925, June 14, 1999, as amended at 78 FR 10053, Feb. 12, 2013] § 63.1354 Reporting requirements. (a) The reporting provisions of subpart A of this part that apply and those that do not apply to owners or operators of affected sources subject to this subpart are listed in Table 1 of this subpart. If any State requires a report that contains all of the information required in a report listed in this section, the owner or operator may send the Administrator a copy of the report sent to the State to satisfy the requirements of this section for that report. (b) The owner or operator of an affected source shall comply with the reporting requirements specified in § 63.10 of the general provisions of this part 63, subpart A as follows: (1) As required by § 63.10(d)(2), the owner or operator shall report the results of performance tests as part of the notification of compliance status. (2) As required by § 63.10(d)(3), the owner or operator of an affected source shall report the opacity results from tests required by § 63.1349. (3) As required by § 63.10(d)(4), the owner or operator of an affected source who is required to submit progress reports as a condition of receiving an extension of compliance under § 63.6(i) shall submit such reports by the dates specified in the written extension of compliance. (4)-(5) [Reserved] (6) As required by § 63.10(e)(2), the owner or operator shall submit a written report of the results of the performance evaluation for the continuous monitoring system required by § 63.8(e). The owner or operator shall submit the report simultaneously with the results of the performance test. (7) As required by § 63.10(e)(2), the owner or operator of an affected source using a continuous opacity monitoring system to determine opacity compliance during any performance test required under § 63.7 and described in § 63.6(d)(6) shall report the results of the continuous opacity monitoring system performance evaluation conducted under § 63.8(e). (8) As required by § 63.10(e)(3), the owner or operator of an affected source equipped with a continuous emission monitor shall submit an excess emissions and continuous monitoring system performance report for any event when the continuous monitoring system data indicate the source is not in compliance with the applicable emission limitation or operating parameter limit. (9) The owner or operator shall submit a summary report semiannually within 60 days of the reporting period to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (i) All exceedances of maximum control device inlet gas temperature limits specified in § 63.1346(a) and (b); (ii) Notification of any failure to calibrate thermocouples and other temperature sensors as required under § 63.1350(g)(1)(iii) of this subpart; and (iii) Notification of any failure to maintain the activated carbon injection rate, and the activated carbon injection carrier gas flow rate or pressure drop, as applicable, as required under § 63.1346(c)(2). (iv) Notification of failure to conduct any combustion system component inspections conducted within the reporting period as required under § 63.1347(a)(3). (v) Any and all failures to comply with any provision of the operation and maintenance plan developed in accordance with § 63.1347(a). (vi) For each PM CPMS, HCl, Hg, and THC CEMS, SO 2 (vii) In response to each violation of an emissions standard or established operating parameter limit, the date, duration and description of each violation and the specific actions taken for each violation including inspections, corrective actions and repeat performance tests and the results of those actions. (10) If the total continuous monitoring system downtime for any CEM or any CMS for the reporting period is 10 percent or greater of the total operating time for the reporting period, the owner or operator shall submit an excess emissions and continuous monitoring system performance report along with the summary report. (11)(i) You must submit the information specified in paragraphs (b)(11)(i)(A) and (B) of this section no later than 60 days following the initial performance test. All reports must be signed by a responsible official. (A) The initial performance test data as recorded under § 63.1349(a). (B) The values for the site-specific operating limits or parameters established pursuant to § 63.1349(b)(1), (3), (6), (7), and (8), as applicable, and a description, including sample calculations, of how the operating parameters were established during the initial performance test. (C) As of December 31, 2011, and within 60 days after the date of completing each performance evaluation or test, as defined in § 63.2, conducted to demonstrate compliance with any standard covered by this subpart, you must submit the relative accuracy test audit data and performance test data, except opacity data, to the EPA by successfully submitting the data electronically via CEDRI and by using the Electronic Reporting Tool (ERT) (see https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (ii) For PM performance test reports used to set a PM CPMS operating limit, the electronic submission of the test report must also include the make and model of the PM CPMS instrument, serial number of the instrument, analytical principle of the instrument ( e.g. (12) All reports required by this subpart not subject to the requirements in paragraphs (b)(9) introductory text and (b)(11)(i) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. The Administrator or the delegated authority may request a report in any form suitable for the specific case ( e.g., (c) For each failure to meet a standard or emissions limit caused by a malfunction at an affected source, you must report the failure in the semi-annual compliance report required by § 63.1354(b)(9). The report must contain the date, time and duration, and the cause of each event (including unknown cause, if applicable), and a sum of the number of events in the reporting period. The report must list for each event the affected source or equipment, an estimate of the amount of each regulated pollutant emitted over the emission limit for which the source failed to meet a standard, and a description of the method used to estimate the emissions. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1348(d), including actions taken to correct a malfunction. [64 FR 31925, June 14, 1999, as amended at 75 FR 55063, Sept. 9, 2010; 78 FR 10053, Feb. 12, 2013; 80 FR 44790, July 27, 2015; 83 FR 35135, July 25, 2018] § 63.1355 Recordkeeping requirements. (a) The owner or operator shall maintain files of all information (including all reports and notifications) required by this section recorded in a form suitable and readily available for inspection and review as required by § 63.10(b)(1). The files shall be retained for at least five years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. At a minimum, the most recent two years of data shall be retained on site. The remaining three years of data may be retained off site. The files may be maintained on microfilm, on a computer, on floppy disks, on magnetic tape, or on microfiche. (b) The owner or operator shall maintain records for each affected source as required by § 63.10(b)(2) and (b)(3) of this part; and (1) All documentation supporting initial notifications and notifications of compliance status under § 63.9; (2) All records of applicability determination, including supporting analyses; and (3) If the owner or operator has been granted a waiver under § 63.8(f)(6), any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements. (c) In addition to the recordkeeping requirements in paragraph (b) of this section, the owner or operator of an affected source equipped with a continuous monitoring system shall maintain all records required by § 63.10(c). (d) [Reserved] (e) You must keep records of the daily clinker production rates according to the clinker production monitoring requirements in § 63.1350(d). (f) You must keep records of the date, time and duration of each startup or shutdown period for any affected source that is subject to a standard during startup or shutdown that differs from the standard applicable at other times, and the quantity of feed and fuel used during the startup or shutdown period. (g)(1) You must keep records of the date, time and duration of each malfunction that causes an affected source to fail to meet an applicable standard; if there was also a monitoring malfunction, the date, time and duration of the monitoring malfunction; the record must list the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet a standard, and a description of the method used to estimate the emissions. (2) You must keep records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.1348(d) including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (h) For each exceedance from an emissions standard or established operating parameter limit, you must keep records of the date, duration and description of each exceedance and the specific actions taken for each exceedance including inspections, corrective actions and repeat performance tests and the results of those actions. [64 FR 31925, June 14, 1999, as amended at 71 FR 76552, Dec. 20, 2006; 75 FR 55064, Sept. 9, 2010; 78 FR 10053, Feb. 12, 2013; 80 FR 44791, July 27, 2015; 81 FR 48362, July 25, 2016; 83 FR 35135, July 25, 2018] Other § 63.1356 Sources with multiple emissions limit or monitoring requirements. If you have an affected source subject to this subpart with a different emissions limit or requirement for the same pollutant under another regulation in title 40 of this chapter, once you are in compliance with the most stringent emissions limit or requirement, you are not subject to the less stringent requirement. Until you are in compliance with the more stringent limit, the less stringent limit continues to apply. [80 FR 44791, July 27, 2015] § 63.1357 [Reserved] § 63.1358 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1340, 63.1342 through 63.1348, and 63.1351. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37359, June 23, 2003] § 63.1359 [Reserved] Table 1 to Subpart LLL of Part 63—Applicability of General Provisions Citation Requirement Applies to subpart LLL Explanation 63.1(a)(1)-(4) Applicability Yes 63.1(a)(5) No [Reserved]. 63.1(a)(6)-(8) Applicability Yes 63.1(a)(9) No [Reserved]. 63.1(a)(10)-(14) Applicability Yes 63.1(b)(1) Initial Applicability Determination No § 63.1340 specifies applicability. 63.1(b)(2)-(3) Initial Applicability Determination Yes 63.1(c)(1) Applicability After Standard Established Yes 63.1(c)(2) Permit Requirements Yes Area sources must obtain Title V permits. 63.1(c)(3) No [Reserved]. 63.1(c)(4)-(5) Extensions, Notifications Yes 63.1(c)(6) Reclassification Yes 63.1(d) No [Reserved]. 63.1(e) Applicability of Permit Program Yes 63.2 Definitions Yes Additional definitions in § 63.1341. 63.3(a)-(c) Units and Abbreviations Yes 63.4(a)(1)-(3) Prohibited Activities Yes 63.4(a)(4) No [Reserved]. 63.4(a)(5) Compliance date Yes 63.4(b)-(c) Circumvention, Severability Yes 63.5(a)(1)-(2) Construction/Reconstruction Yes 63.5(b)(1) Compliance Dates Yes 63.5(b)(2) No [Reserved]. 63.5(b)(3)-(6) Construction Approval, Applicability Yes 63.5(c) No [Reserved]. 63.5(d)(1)-(4) Approval of Construction/Reconstruction Yes 63.5(e) Approval of Construction/Reconstruction Yes 63.5(f)(1)-(2) Approval of Construction/Reconstruction Yes 63.6(a) Compliance for Standards and Maintenance Yes 63.6(b)(1)-(5) Compliance Dates Yes 63.6(b)(6) No [Reserved]. 63.6(b)(7) Compliance Dates Yes 63.6(c)(1)-(2) Compliance Dates Yes 63.6(c)(3)-(4) No [Reserved]. 63.6(c)(5) Compliance Dates Yes 63.6(d) No [Reserved]. 63.6(e)(1)-(2) Operation & Maintenance No See § 63.1348(d) for general duty requirement. Any reference to § 63.6(e)(1)(i) in other General Provisions or in this subpart is to be treated as a cross-reference to § 63.1348(d). 63.6(e)(3) Startup, Shutdown Malfunction Plan No Your operations and maintenance plan must address periods of startup and shutdown. See § 63.1347(a)(1). 63.6(f)(1) Compliance with Emission Standards No Compliance obligations specified in subpart LLL. 63.6(f)(2)-(3) Compliance with Emission Standards Yes 63.6(g)(1)-(3) Alternative Standard Yes 63.6(h)(1) Opacity/VE Standards No Compliance obligations specified in subpart LLL. 63.6(h)(2) Opacity/VE Standards Yes 63.6(h)(3) No [Reserved]. 63.6(h)(4)-(h)(5)(i) Opacity/VE Standards Yes 63.6(h)(5)(ii)-(iv) Opacity/VE Standards No Test duration specified in subpart LLL. 63.6(h)(6) Opacity/VE Standards Yes 63.6(h)(7) Opacity/VE Standards Yes 63.6(i)(1)-(14) Extension of Compliance Yes 63.6(i)(15) No [Reserved]. 63.6(i)(16) Extension of Compliance Yes 63.6(j) Exemption from Compliance Yes 63.7(a)(1)-(3) Performance Testing Requirements Yes § 63.1349 has specific requirements. 63.7(b) Notification period Yes Except for repeat performance test caused by an exceedance. See § 63.1353(b)(6). 63.7(c) Quality Assurance/Test Plan Yes 63.7(d) Testing Facilities Yes 63.7(e)(1) Conduct of Tests No See § 63.1349(e). Any reference to 63.7(e)(1) in other General Provisions or in this subpart is to be treated as a cross-reference to § 63.1349(e). 63.7(e)(2)-(4) Conduct of tests Yes 63.7(f) Alternative Test Method Yes 63.7(g) Data Analysis Yes 63.7(h) Waiver of Tests Yes 63.8(a)(1) Monitoring Requirements Yes 63.8(a)(2) Monitoring No § 63.1350 includes CEMS requirements. 63.8(a)(3) No [Reserved]. 63.8(a)(4) Monitoring No Flares not applicable. 63.8(b)(1)-(3) Conduct of Monitoring Yes 63.8(c)(1)-(8) CMS Operation/Maintenance Yes Temperature and activated carbon injection monitoring data reduction requirements given in subpart LLL. 63.8(d) Quality Control Yes, except for the reference to the SSM Plan in the last sentence 63.8(e) Performance Evaluation for CMS Yes 63.8(f)(1)-(5) Alternative Monitoring Method Yes Additional requirements in § 63.1350(l). 63.8(f)(6) Alternative to RATA Test Yes 63.8(g) Data Reduction Yes 63.9(a) Notification Requirements Yes 63.9(b)(1)-(5) Initial Notifications Yes 63.9(c) Request for Compliance Extension Yes 63.9(d) New Source Notification for Special Compliance Requirements Yes 63.9(e) Notification of performance test Yes Except for repeat performance test caused by an exceedance. See § 63.1353(b)(6). 63.9(f) Notification of VE/Opacity Test Yes Notification not required for VE/opacity test under § 63.1350(e) and (j). 63.9(g) Additional CMS Notifications Yes 63.9(h)(1)-(3) Notification of Compliance Status Yes 63.9(h)(4) No [Reserved]. 63.9(h)(5)-(6) Notification of Compliance Status Yes 63.9(i) Adjustment of Deadlines Yes 63.9(j) Change in Previous Information Yes 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). 63.10(a) Recordkeeping/Reporting Yes 63.10(b)(1) General Recordkeeping Requirements Yes 63.10(b)(2)(i)-(ii) General Recordkeeping Requirements No See § 63.1355(g) and (h). 63.10(b)(2)(iii) General Recordkeeping Requirements Yes 63.10(b)(2)(iv)-(v) General Recordkeeping Requirements No 63.10(b)(2)(vi)-(ix) General Recordkeeping Requirements Yes 63.10(c)(1) Additional CMS Recordkeeping Yes PS-8A supersedes requirements for THC CEMS. 63.10(c)(1) Additional CMS Recordkeeping Yes PS-8A supersedes requirements for THC CEMS. 63.10(c)(2)-(4) No [Reserved]. 63.10(c)(5)-(8) Additional CMS Recordkeeping Yes PS-8A supersedes requirements for THC CEMS. 63.10(c)(9) No [Reserved]. 63.10(c)(10)-(15) Additional CMS Recordkeeping Yes PS-8A supersedes requirements for THC CEMS. 63.10(d)(1) General Reporting Requirements Yes 63.10(d)(2) Performance Test Results Yes 63.10(d)(3) Opacity or VE Observations Yes 63.10(d)(4) Progress Reports Yes 63.10(d)(5) Startup, Shutdown, Malfunction Reports No See § 63.1354(c) for reporting requirements. Any reference to § 63.10(d)(5) in other General Provisions or in this subpart is to be treated as a cross-reference to § 63.1354(c). 63.10(e)(1)-(2) Additional CMS Reports Yes 63.10(e)(3) Excess Emissions and CMS Performance Reports Yes Exceedances are defined in subpart LLL. 63.10(e)(3)(v) Due Dates for Excess Emissions and CMS Performance Reports No § 63.1354(b)(9) specifies due date. 63.10(e)(3)(vii) and (viii) Excess Emissions and CMS Performance Reports No Superseded by 63.1354(b)(10). 63.10(f) Waiver for Recordkeeping/Reporting Yes 63.11(a)-(b) Control Device Requirements No Flares not applicable. 63.12(a)-(c) State Authority and Delegations Yes 63.13(a)-(c) State/Regional Addresses Yes 63.14(a)-(b) Incorporation by Reference Yes 63.15(a)-(b) Availability of Information Yes [80 FR 44791, July 27, 2015, as amended at 83 FR 35135, July 25, 2018; 83 FR 38036, Aug. 3, 2018; 85 FR 73898, Nov. 19, 2020] Table 2 to Subpart LLL of Part 63—1989 Toxic Equivalency Factors (TEFs) Dioxins/Furans TEFs 1989 2,3,7,8-TCDD 1 1,2,3,7,8-PeCDD 0.5 1,2,3,4,7,8-HxCDD 0.1 1,2,3,6,7,8-HxCDD 0.1 1,2,3,7,8,9-HxCDD 0.1 1,2,3,4,6,7,8-HpCDD 0.01 OCDD 0.001 2,3,7,8-TCDF 0.1 1,2,3,7,8-PeCDF 0.05 2,3,4,7,8-PeCDF 0.5 1,2,3,4,7,8-HxCDF 0.1 1,2,3,6,7,8-HxCDF 0.1 1,2,3,7,8,9-HxCDF 0.1 2,3,4,6,7,8-HxCDF 0.1 1,2,3,4,6,7,8-HpCDF 0.01 1,2,3,4,7,8,9-HpCDF 0.01 OCDF 0.001 [83 FR 35136, July 25, 2018] Subpart MMM—National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production Source: 64 FR 33589, June 23, 1999, unless otherwise noted. § 63.1360 Applicability. (a) Definition of affected source. (b) New source applicability. (1) An affected source for which construction or reconstruction commenced after November 10, 1997. (2) Any dedicated PAI process unit that meets the criteria specified in paragraphs (b)(2)(i) and (ii) of this section. (i) For which construction, as defined in § 63.1361, commenced after November 10, 1997, or reconstruction commenced after September 20, 2002. (ii) That has the potential to emit 10 tons/yr of any one HAP or 25 tons/yr of combined HAP. (c) General provisions. (d) Exemptions from the requirements of this subpart. (1) Research and development facilities; (2) PAI process units that are subject to subpart F of this part; (3) Production of ethylene; (4) Coal tar distillation; and (5) The following emission points listed: (i) Storm water from segregated sewers; (ii) Water from fire-fighting and deluge systems, including testing of such systems; (iii) Spills; (iv) Water from safety showers; (v) Noncontact steam boiler blowdown and condensate; (vi) Laundry water; (vii) Vessels storing material that contains no organic HAP or contains organic HAP as impurities only; and (viii) Equipment, as defined in § 63.1363, that is intended to operate in organic HAP service for less than 300 hours during the calendar year. (e) Applicability of this subpart. (i) The startup, shutdown, or malfunction precludes the ability of the owner or operator of an affected source to comply with one or more specific emission limitations to which a particular emission point is subject; and (ii) The owner or operator follows the provisions for periods of startup, shutdown, and malfunction, as specified in §§ 63.1367(a)(3) and 63.1368(i). (2) The provisions set forth in § 63.1363 shall apply at all times except during periods of nonoperation of the PAI process unit (or specific portion thereof) in which the lines are drained and depressurized resulting in the cessation of the emissions to which § 63.1363 applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with the emissions limitations of this subpart during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment, if the shutdown would contravene emissions limitations of this subpart applicable to such items of equipment. (4) General duty. (f) Storage vessel applicability determination. (1) If a storage vessel is already subject to another subpart of 40 CFR part 63 on June 23, 1999, the storage vessel shall belong to the process unit subject to the other subpart. (2) Unless otherwise excluded under paragraph (f)(1) of this section, the storage vessel is part of a PAI process unit if either the input to the vessel from the PAI process unit is greater than or equal to the input from any other PAI or non-PAI process unit, or the output from the vessel to the PAI process unit is greater than or equal to the output to any other PAI or non-PAI process unit. If the greatest input to and/or output from a shared storage vessel is the same for two or more process units, including one or more PAI process units, the owner or operator must assign the storage vessel to any one of the PAI process units that meet this condition. (3) Unless otherwise excluded under paragraph (f)(1) of this section, where a storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart shall be determined according to the provisions in paragraphs (f)(3)(i) through (iii) of this section. (i) The storage vessel in the tank farm is not subject to the provisions of this subpart if the greatest input to or output from the storage vessel is for a non-PAI process unit. The input and output shall be determined among only those process units that share the storage vessel and that do not have an intervening storage vessel for that product (or raw material, as appropriate). (ii) Except for storage vessels in a tank farm excluded in accordance with paragraph (f)(3)(i) of this section, applicability of this subpart shall be determined according to the provisions in paragraphs (f)(3)(ii)(A) through (C) of this section. (A) Except as specified in paragraph (f)(3)(ii)(C) of this section, this subpart does not apply to the storage vessel in a tank farm if each PAI process unit that receives material from or sends material to the storage vessel has an intervening storage vessel for that material. (B) Except as specified in paragraph (f)(3)(ii)(C) of this section, a storage vessel in a tank farm shall be assigned to the PAI process unit that receives the greatest amount of material from or sends the greatest amount of material to the storage vessel and does not have an intervening storage vessel. If two or more PAI process units have the same input to or output from the storage vessel in the tank farm, then the storage vessel in the tank farm may be assigned to any one of the PAI process units that meet this condition. (C) As an alternative to the requirements specified in paragraphs (f)(3)(ii)(A) and (B) of this section, even if an intervening storage vessel is present, an owner or operator may elect to assign a storage vessel in a tank farm to the PAI process unit that sends the most material to or receives the most material from the storage vessel. If two or more PAI process units have the same input to or output from the storage vessel in the tank farm, then the storage vessel in the tank farm may be assigned to any one of the PAI process units that meet this condition. (iii) With respect to a process unit, an intervening storage vessel means a storage vessel connected by hard-piping to the process unit and to the storage vessel in the tank farm so that the product or raw material entering or leaving the process flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (4) If use varies from year to year, then use for the purposes of this subpart for existing sources shall be based on the utilization that occurred during the year preceding June 23, 1999, or if the storage vessel was not in operation during that year, the use shall be based on the expected use in the 5 years after startup. This determination shall be reported as part of an operating permit application or as otherwise specified by the permitting authority. (5) If the storage vessel begins receiving material from (or sending material to) another process unit, or ceasing to receive material from (or send material to) a PAI process unit, or if there is a significant change in the use of the storage vessel, the owner or operator shall reevaluate the ownership determination for the storage vessel. (g) Designating production of an intermediate as a PAI process unit. (h) Applicability of process units included in a process unit group. (1) Develop, revise, and document changes in a process unit group in accordance with the procedures specified in paragraphs (h)(1)(i) through (vi) of this section. (i) Initially identify a non-dedicated PAI process unit that is operating on December 23, 2003 or a date after December 23, 2003, and identify all processing equipment that is part of this PAI process unit, based on descriptions in operating scenarios. (ii) Add to the group any other non-dedicated PAI and non-dedicated non-PAI process units expected to be operated in the 5 years after the date specified in paragraph (h)(1)(i) of this section, provided they satisfy the criteria specified in paragraphs (h)(1)(ii)(A) through (C) of this section. Also identify all of the processing equipment used for each process unit based on information from operating scenarios and other applicable documentation. (A) Each PAI process unit that is added to a group must have some processing equipment that is part of one or more PAI process units that are already in the process unit group. (B) Each non-PAI process unit that is added to a group must have some processing equipment that is also part of one or more of the PAI process units in the group. (C) No process unit may be part of more than one process unit group. (iii) The initial process unit group consists of all of the processing equipment for the process units identified in paragraphs (h)(1)(i) and (ii) of this section. (iv) If compliance is to be demonstrated in accordance with paragraph (h)(3) of this section, determine the primary product of the process unit group according to the procedures specified in paragraphs (h)(1)(iv)(A) through (C) of this section. (A) The primary product is the type of product (e.g., PAI, pharmaceutical product, thermoplastic resin, etc.) that is expected to be produced for the greatest operating time in the 5-year period specified in paragraph (h)(1)(i) of this section. (B) If the process unit group produces multiple products equally based on operating time, then the primary product is the product with the greatest production on a mass basis over the 5-year period specified in paragraph (h)(1)(i) of this section. (C) The primary product of the group must be redetermined if the owner or operator does not intend to make that product in the future or if it has not been made for 5 years. The results of the redetermination must be recorded as specified in § 63.1367(b) and reported in a Periodic report no later than the report covering the period for the end of the 5th year as specified in § 63.1368(g)(2). If the primary product changes, the owner or operator must either demonstrate compliance with the applicable subpart as specified in paragraph (h)(3) of this section or demonstrate compliance with the provisions of this subpart MMM. (v) Add process units developed in the future in accordance with the conditions specified in paragraphs (h)(1)(ii)(A) through (C) of this section. (vi) Maintain records of changes in the process units in each process unit group as specified in § 63.1367(b)(9), and maintain reports as specified in § 63.1368(f)(9) and (g)(2)(ix). (2) If any of the products produced in the process unit group are subject to 40 CFR part 63, subpart GGG (Pharmaceuticals MACT), the owner or operator may elect to comply with the requirements of subpart GGG for the PAI process unit(s) within the process unit group, except for the following: (i) The emission limit standard for process vents in § 63.1362(b)(2)(i) shall apply in place of § 63.1254(a)(2); (ii) When the dates of April 2, 1997 and April 2, 2007 are provided in § 63.1254(a)(3)(ii), the dates of November 10, 1997 and November 10, 2007, respectively, shall apply for purposes of this subpart MMM; and (iii) Requirements in § 63.1367(a)(5) regarding application for approval of construction or reconstruction shall apply in place of the provisions in § 63.1259(a)(5). (3) If the primary product of a process unit group is determined to be a type of material that is subject to another subpart of 40 CFR part 63 on June 23, 1999 or startup of the first process unit after formation of the process unit group, whichever is later, the owner or operator may elect to comply with the other subpart for any PAI process unit within the process unit group, subject to the requirement in this paragraph (h)(3). Emissions from PAI Group 1 process vents, as defined in § 63.1361, must be reduced in accordance with the control requirements for Group 1 vents as specified in the alternative subpart. The criteria in the alternative subpart for determining which process vents must be controlled do not apply for the purposes of this paragraph (h)(3). (4) The requirements for new and reconstructed sources in the alternative subpart apply to all PAI process units in the process unit group if, and only if, the affected source under the alternative subpart meets the requirements for construction or reconstruction. (i) Overlap with other regulations Compliance with other MACT standards. (ii) After the compliance dates specified in § 63.1364, at an offsite reloading or cleaning facility subject to § 63.1362(b)(6), compliance with the emission standards and associated initial compliance monitoring, recordkeeping, and reporting provisions of any other subpart of 40 CFR part 63 constitutes compliance with the provisions of § 63.1362(b)(6)(vii)(B) or (C). The owner or operator of the affected storage vessel shall identify in the Notification of Compliance Status report required by § 63.1368(f) the subpart of 40 CFR part 63 with which the owner or operator of the offsite reloading or cleaning facility complies. (2) Overlap with RCRA subparts AA, BB, and/or CC. (3) Overlap with NSPS subpart Kb. (4) Overlap with subpart I. (5) Overlap with RCRA regulations for wastewater. (6) Overlap with NSPS subparts III, NNN, and RRR. (j) Meaning of periods of time. (1) Notwithstanding time periods specified in the subpart MMM for completion of required tasks, such time periods may be changed by mutual agreement between the owner and operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraph (j)(2)(i) or (ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period within which the initial compliance deadline occurs. (3) In all instances where a provision of this subpart MMM requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided the task is conducted at a reasonable interval after completion of the task in the previous period. (k) Affirmative defense for violation of emission standards during malfunction. (1) Assertion of affirmative defense. (i) The violation: (A) Was caused by a sudden, infrequent, and unavoidable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner; and (B) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (C) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (D) Was not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (ii) Repairs were made as expeditiously as possible when a violation occurred; and (iii) The frequency, amount, and duration of the violation (including any bypass) were minimized to the maximum extent practicable; and (iv) If the violation resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (v) All possible steps were taken to minimize the impact of the violation on ambient air quality, the environment, and human health; and (vi) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (vii) All of the actions in response to the violation were documented by properly signed, contemporaneous operating logs; and (viii) At all times, the affected source was operated in a manner consistent with good practices for minimizing emissions; and (ix) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the violation resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of any emissions that were the result of the malfunction. (2) Report. [64 FR 33589, June 23, 1999, as amended at 67 FR 59340, Sept. 20, 2002; 79 FR 17371, Mar. 27, 2014] § 63.1361 Definitions. Terms used in this subpart are defined in the CAA, in subpart A of this part, or in this section. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for the purposes of this subpart MMM. Affirmative defense Air pollution control device or control device Bag dump Batch emission episode Batch operation Bench-scale batch process Block Car seal Cleaning operation Closed-loop system Closed-purge system Closed-vent system Combustion device Connector Construction Consumption Container, 3 Continuous process Continuous seal Controlled HAP emissions Cover, Dedicated PAI process unit Double block and bleed system Duct work Equipment, External floating roof FIFRA Fill or filling First attempt at repair Fixed roof Flame ionization detector (FID) Floating roof Flow indicator Formulation of pesticide products Group 1 process vent Group 1 storage vessel 3 3 3 Group 1 wastewater stream Group 2 process vent Group 2 storage vessel Group 2 wastewater stream Group of processes Halogenated compounds Halogenated vent stream Hard-piping Impurity In gas/vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kPa at 20 °C; (2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kPa at 20 °C is equal to or greater than 20 percent by weight of the total process stream; and (3) The fluid is a liquid at operating conditions. Note: To definition of “In light liquid service: Vapor pressures may be determined by the methods described in 40 CFR 60.485(e)(1). In liquid service In organic hazardous air pollutant or in organic HAP service In vacuum service In-situ sampling systems Individual drain system Instrumentation system Integral intermediate Intermediate Internal floating roof Junction box Large control device Liquid-mounted seal Liquids dripping Maintenance wastewater Malfunction Maximum true vapor pressure (1) In accordance with methods described in Chapter 19.2 of the American Petroleum Institute's Manual of Petroleum Measurement Standards, Evaporative Loss From Floating-Roof Tanks (incorporated by reference as specified in § 63.14 in subpart A of this part); or (2) As obtained from standard reference texts; or (3) As determined by the American Society for Testing and Materials Method D2879-97, Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope (incorporated by reference as specified in § 63.14 of subpart A of this part); or (4) Any other method approved by the Administrator. Metallic shoe seal or mechanical shoe seal Non-dedicated PAI process unit Nonrepairable Open-ended valve or line Operating scenario, Organic compound, Organic HAP Pesticide active ingredient or PAI Pesticide active ingredient manufacturing process unit (PAI process unit) Plant site Point of determination (POD) Note to definition of “point of determination”: The regulation allows determination of the characteristics of a wastewater stream: at the point of determination; or downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of Table 9 compounds as determined in § 63.144 of subpart G of this part. Such changes include: losses by air emissions, reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams, and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy HAP. Pressure release Pressure relief device or valve Process Process condenser Process shutdown Process tank Process unit Process unit group Process vent Process wastewater Product Product dryer Product dryer vent Production-indexed HAP consumption factor (HAP factor) Production-indexed VOC consumption factor (VOC factor) Publicly owned treatment works (POTW) Reactor Reconfiguration Reconstruction, Recovery device, Repaired Research and development facility Residual Safety device Sampling connection system Sensor Set pressure Sewer line Shutdown Small control device Startup Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels storing material that contains no organic HAP or contains organic HAP only as impurities; (4) Wastewater storage tanks; (5) Process tanks; and (6) Nonwastewater waste tanks. Supplemental gases Surface impoundment Total organic compounds (TOC) Treatment process Uncontrolled HAP emissions Unit operation Vapor-mounted seal Volatile organic compounds Waste management unit Wastewater (1) Is generated from a PAI process or a scrubber used to control emissions from a PAI process and contains either: (i) An annual average concentration of compounds in Table 9 of subpart G of this part of at least 5 ppmw and has an average flow rate of 0.02 L/min or greater; or (ii) An annual average concentration of compounds in Table 9 of subpart G of this part of at least 10,000 ppmw at any flow rate; (2) Is generated from a PAI process unit as a result of maintenance activities and contains at least 5.3 Mg of compounds listed in Table 9 of subpart G of this part per individual discharge event. Wastewater tank Water seal controls [64 FR 33589, June 23, 1999, as amended at Nov. 21, 2001; 67 FR 59343, Sept. 20, 2002; 71 FR 20460, Apr. 20, 2006; 79 FR 17372, Mar. 27, 2014] § 63.1362 Standards. (a) On and after the compliance dates specified in § 63.1364, each owner or operator of an affected source subject to the provisions of this subpart shall control HAP emissions to the levels specified in this section and in § 63.1363, as summarized in Table 2 of this subpart. (b) Process vents. (2) Organic HAP emissions from existing sources. (i) The uncontrolled organic HAP emission rate shall not exceed 0.15 Mg/yr from the sum of all process vents within a process. (ii) (A) Except as provided in paragraph (b)(2)(ii)(B) of this section, uncontrolled organic HAP emissions from a process vent shall be reduced by 98 percent by weight or greater if the flow-weighted average flowrate for the vent as calculated using Equation 1 of this subpart is less than or equal to the flowrate calculated using Equation 2 of this subpart. Where: FR a D i FR i n = number of emission events FR = flowrate, scfm HL = annual uncontrolled organic HAP emissions, lb/yr, as defined in § 63.1361 (B) If the owner or operator can demonstrate that a control device, installed on or before November 10, 1997 on a process vent otherwise subject to the requirements of paragraph (b)(2)(ii)(A) of this section, reduces inlet emissions of total organic HAP by greater than or equal to 90 percent by weight but less than 98 percent by weight, then the control device must be operated to reduce inlet emissions of total organic HAP by 90 percent by weight or greater. (iii) Excluding process vents that are subject to the requirements in paragraph (b)(2)(ii) of this section, uncontrolled organic HAP emissions from the sum of all process vents within a process shall be reduced by 90 percent or greater by weight. (iv) As an alternative to the requirements in paragraphs (b)(2)(ii) and (iii) of this section, uncontrolled organic HAP emissions from any process vent may be reduced in accordance with any of the provisions in paragraphs (b)(2)(iv)(A) through (D) of this section. All remaining process vents within a process must be controlled in accordance with paragraphs (b)(2)(ii) and (iii) of this section. (A) To outlet concentrations less than or equal to 20 ppmv; or (B) By a flare that meets the requirements of § 63.11(b); or (C) By a control device specified in § 63.1365(a)(4); or (D) In accordance with the alternative standard specified in paragraph (b)(6) of this section. (3) HCl and Cl 2 emissions from existing sources. (i) The uncontrolled HCl and Cl 2 (ii) HCl and Cl 2 (4) Organic HAP emissions from new sources. (i) The uncontrolled organic HAP emissions shall not exceed 0.15 Mg/yr from the sum of all process vents within a process. (ii) The uncontrolled organic HAP emissions from the sum of all process vents within a process at a new affected source that are not controlled according to any of the requirements of paragraphs (b)(4)(ii)(A) through (C) or (b)(6) of this section shall be reduced by 98 weight percent or greater. (A) To outlet concentrations less than or equal to 20 ppmv; or (B) By a flare that meets the requirements of § 63.11(b); or (C) By a control device specified in § 63.1365(a)(4). (5) HCl and Cl 2 emissions from new sources. (i) The uncontrolled HCl and Cl 2 (ii) If HCl and Cl 2 2 (iii) If HCl and Cl 2 2 (6) Alternative standard. 2 2 (c) Storage vessels. (2) Standard for existing sources. (i) A fixed roof and internal floating roof, or (ii) An external floating roof, or (iii) An external floating roof converted to an internal floating roof, or (iv) A closed vent system meeting the conditions of paragraph (j) of this section and a control device that meets any of the following conditions: (A) Reduces organic HAP emissions by 95 percent by weight or greater; or (B) Reduces organic HAP emissions to outlet concentrations of 20 ppmv or less; or (C) Is a flare that meets the requirements of § 63.11(b); or (D) Is a control device specified in § 63.1365(a)(4). (3) Standard for new sources. (4) Alternative standard. 2 (5) Planned routine maintenance. (6) Vapor balancing alternative. (i) The vapor balancing system must be designed and operated to route organic HAP vapors displaced from loading of the storage tank to the railcar or tank truck from which the storage tank is filled. (ii) Tank trucks and railcars must have a current certification in accordance with the U.S. Department of Transportation pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars. (iii) Hazardous air pollutants must only be unloaded from tank trucks or railcars when vapor collection systems are connected to the storage tank's vapor collection system. (iv) No pressure relief device on the storage tank or on the railcar or tank truck shall open during loading or as a result of diurnal temperature changes (breathing losses). (v) Pressure relief devices on affected storage tanks must be set to no less than 2.5 psig at all times to prevent breathing losses. The owner or operator shall record the setting as specified in § 63.1367(b)(8) and comply with the following requirements for each pressure relief valve: (A) The pressure relief valve shall be monitored quarterly using the method described in § 63.180(b). (B) An instrument reading of 500 ppmv or greater defines a leak. (C) When a leak is detected, it shall be repaired as soon as practicable, but no later than 5 days after it is detected, and the owner or operator shall comply with the recordkeeping requirements of § 63.1363(g)(4)(i) through (iv). (vi) Railcars or tank trucks that deliver HAP to an affected storage tank must be reloaded or cleaned at a facility that utilizes one of the following control techniques: (A) The railcar or tank truck must be connected to a closed vent system with a control device that reduces inlet emissions of HAP by 90 percent by weight or greater; or (B) A vapor balancing system designed and operated to collect organic HAP vapor displaced from the tank truck or railcar during reloading must be used to route the collected HAP vapor to the storage tank from which the liquid being transferred originated. (vii) The owner or operator of the facility where the railcar or tank truck is reloaded or cleaned must comply with the following requirements: (A) Submit to the owner or operator of the affected storage tank and to the Administrator a written certification that the reloading or cleaning facility will meet the requirements of this section. The certifying entity may revoke the written certification by sending a written statement to the owner or operator of the affected storage tank giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements of this paragraph (c)(6)(vii)(A). (B) If complying with paragraph (c)(6)(vi)(A) of this section, demonstrate initial compliance in accordance with § 63.1365(d), demonstrate continuous compliance in accordance with § 63.1366, keep records as specified in § 63.1367, and prepare reports as specified in § 63.1368. (C) If complying with paragraph (c)(6)(vi)(B) of this section, keep records of: ( 1 ( 2 (7) Compliance with the provisions of paragraphs (c)(2) and (3) of this section is demonstrated using the initial compliance procedures in § 63.1365(d) and the monitoring requirements in § 63.1366. Compliance with the outlet concentrations in paragraph (c)(4) of this section shall be determined by the initial compliance provisions in § 63.1365(a)(5) and the continuous emission monitoring requirements of § 63.1366(b)(5). (d) Wastewater. (1) When the determination of equivalence criteria in § 63.102(b) is referred to in §§ 63.132, 63.133, and 63.137 of subpart G of this part, the provisions in § 63.6(g) of subpart A of this part shall apply. (2) When the storage tank requirements contained in §§ 63.119 through 63.123 are referred to in §§ 63.132 through 63.147, §§ 63.119 through 63.123 are applicable, with the exception of the differences noted in paragraphs (d)(2)(i) through (iv) of this section. (i) When the term “storage vessel” is used in §§ 63.119 through 63.123 of subpart G of this part, the definition of the term “storage vessel” in § 63.1361 shall apply for the purposes of this subpart. (ii) When December 31, 1992, is referred to in § 63.119 of subpart G of this part, November 10, 1997 shall apply for the purposes of this subpart. (iii) When April 22, 1994 is referred to in § 63.119 of subpart G of this part, June 23, 1999 shall apply for the purposes of this subpart. (iv) When the phrase “the compliance date specified in § 63.100 of subpart F of this part” is referred to in § 63.120 of subpart G of this part, the phrase “the compliance date specified in § 63.1364” shall apply for the purposes of this subpart. (3) To request approval to monitor alternative parameters, as referred to in § 63.146(a) of subpart G of this part, the owner or operator shall comply with the procedures in § 63.8(f) of subpart A of this part, as referred to in § 63.1366(b)(4), instead of the procedures in § 63.151(f) or (g) of subpart G of this part. (4) When the Notification of Compliance Status report requirements contained in § 63.152(b) of subpart G of this part are referred to in § 63.146 of subpart G of this part, the Notification of Compliance Status report requirements in § 63.1368(f) shall apply for the purposes of this subpart. (5) When the recordkeeping requirements contained in § 63.152(f) of subpart G of this part are referred to in § 63.147(d) of subpart G of this part, the recordkeeping requirements in § 63.1367 shall apply for the purposes of this subpart. (6) When the Periodic report requirements contained in § 63.152(c) of subpart G of this part are referred to in §§ 63.146 and 63.147 of subpart G of this part, the Periodic report requirements contained in § 63.1368(g) shall apply for the purposes of this subpart. (7) When the term “process wastewater” is referred to in §§ 63.132 through 63.147 of subpart G of this part, the term “wastewater” as defined in § 63.1361 shall apply for the purposes of this subpart. (8) When the term “Group 1 wastewater stream” is used in §§ 63.132 through 63.147 of subpart G of this part, the definition of the term “Group 1 wastewater stream” in § 63.1361 shall apply for both new sources and existing sources for the purposes of this subpart. (9) The requirements in §§ 63.132 through 63.147 for compounds listed on Table 8 of subpart G of this part shall not apply for the purposes of this subpart. (10) When the total load of Table 9 compounds in the sum of all process wastewater from PAI process units at a new affected source is 2,100 Mg/yr (2,300 tons/yr) or more, the owner or operator shall reduce, by removal or destruction, the mass flow rate of all compounds in Table 9 of subpart G of this part in all wastewater (process and maintenance wastewater) by 99 percent or more. Alternatively, the owner or operator may treat the wastewater in a unit identified in and complying with § 63.138(h) of subpart G of this part. The removal/destruction efficiency shall be determined by the procedures specified in § 63.145(c) of subpart G of this part, for noncombustion processes, or § 63.145(d) of subpart G of this part, for combustion processes. (11) The compliance date for the affected source subject to the provisions of this section is specified in § 63.1364. (12) As an alternative to using Method 18 of 40 CFR part 60, as specified in §§ 63.139(c)(1)(ii) and 63.145(i)(2), the owner or operator may elect to use Method 25 or Method 25A of 40 CFR part 60, as specified in § 63.1365(b). (13) The requirement to correct outlet concentrations from combustion devices to 3 percent oxygen in § 63.139(c)(1)(ii) shall apply only if supplemental gases are combined with affected vent streams, and the procedures in § 63.1365(a)(7)(i) apply instead of the procedures in § 63.145(i)(6) to determine the percent oxygen correction. If emissions are controlled with a vapor recovery system as specified in § 63.139(c)(2), the owner or operator must correct for supplemental gases as specified in § 63.1365(a)(7)(ii). (14) As an alternative to the management and treatment options specified in § 63.132(g)(2), any Group 1 wastewater stream (or residual removed from a Group 1 wastewater stream) that contains less than 50 ppmw of HAP listed in Table 2 to subpart GGG of this part may be transferred offsite or to an on-site treatment operation not owned or operated by the owner or operator of the source generating the wastewater (or residual) if the transferee manages and treats the wastewater stream or residual in accordance with paragraphs (d)(14)(i) through (iv) of this section. (i) Treat the wastewater stream or residual in a biological treatment unit in accordance with §§ 63.138 and 63.145. (ii) Cover the waste management units up to the activated sludge unit. Alternatively, covers are not required if the owner or operator demonstrates that less than 5 percent of the total HAP listed in Table 3 to subpart GGG of this part is emitted. (iii) Inspect covers as specified in § 63.1366(h). (iv) The reference in § 63.132(g)(2) to “§ 63.102(b) of subpart F” does not apply for the purposes of this subpart. (15) When § 63.133 refers to Table 10 to subpart G of this part, the maximum true vapor pressures in the table shall be limited to the HAP listed in Table 9 to subpart G of this part. (16) When the inspection, recordkeeping, and reporting requirements contained in § 63.148 are referred to in §§ 63.132 through 63.147, the inspection requirements in § 63.1366(h), the recordkeeping requirements in § 63.1367(f), and the reporting requirements in § 63.1368(g)(2)(iii) and (xi) shall apply for the purposes of this subpart. (e) Bag dumps and product dryers. (2) The owner or operator shall reduce particulate matter emissions to a concentration not to exceed 0.01 gr/dscf from bag dumps that introduce to a PAI process unit a feedstock that is a solid material and a HAP, excluding bag dumps where the feedstock contains HAP only as impurities. (3) Gaseous HAP emissions from product dryers and bag dumps shall be controlled in accordance with the provisions for process vent emissions in paragraph (b) of this section. (f) Heat exchange systems. (g) Pollution prevention alternative. (1) A HAP must be controlled according to the requirements of paragraphs (b), (c), (d), and (e) of this section and § 63.1363 if it is generated in the PAI process unit or an associated control device and it is not part of the production-indexed HAP consumption factor (HAP factor). (2) The HAP factor shall be reduced by at least 85 percent from a 3-year average baseline beginning no earlier than the 1987 through 1989 calendar years. Alternatively, for a process that has been operating for less than 3 years but more than 1 year, the baseline factor may be calculated for the time period from startup of the process until the present. For any reduction in the HAP factor achieved by reducing a HAP that is also a VOC, an equivalent reduction in the production-indexed VOC consumption factor (VOC factor) is also required (the equivalence is determined on a mass basis, not a percentage basis). For any reduction in the HAP factor that is achieved by reducing a HAP that is not a VOC, the VOC factor may not be increased. (3) As an alternative to the provisions in paragraph (g)(2) of this section, the owner or operator may combine pollution prevention with emissions control as specified in paragraphs (g)(3)(i) and (ii) of this section. (i) The HAP factor shall be reduced as specified in paragraph (g)(2) of this section except that a reduction of at least 50 percent shall apply for the purposes of this paragraph. (ii) The total annual HAP emissions from the PAI process unit shall be reduced by an amount that, when divided by the annual production rate and added to the reduction of the HAP factor yields a value of at least 85 percent of the baseline HAP factor. The total annual VOC emissions from the process unit must be reduced by an amount equivalent to the reduction in HAP emissions for each HAP that is a VOC (the equivalence is determined on a mass basis). For HAP emissions reductions that are achieved by reducing a HAP that is not a VOC, the total annual VOC emissions may not be increased. The reduction in HAP air emissions must be achieved using one of the following control devices: (A) Combustion control devices such as incinerators, flares, or process heaters. (B) Control devices such as condensers and carbon adsorbers whose recovered product is destroyed or shipped offsite for destruction. (C) Any control device that does not ultimately allow for recycling of material back to the PAI process unit. (D) Any control device for which the owner or operator can demonstrate that the use of the device in controlling HAP emissions will have no effect on the HAP factor for the PAI process unit. (h) Emissions averaging provisions. (1) A State may restrict the owner or operator of an existing source to use only the procedures in paragraphs (b), (c), and (d) of this section to comply with the emission standards where State authorities prohibit averaging of HAP emissions. (2) Group 1 emission points that are controlled as specified in paragraphs (h)(2)(i) through (iii) of this section may not be used to calculate emissions averaging credits, unless the equipment is approved for use in a different manner from that specified in paragraphs (b) through (d) of this section, and a nominal efficiency has been assigned according to the procedures in § 63.150(i). The nominal efficiency must exceed the percent reduction required by paragraphs (b) and (c) of this section for process vents and storage vessels, respectively, exceed the percent reduction required in § 63.139(c) for control devices used to control emissions vented from waste management units, and exceed the percent reduction required in § 63.138(e) or (f) for wastewater treatment processes. (i) Storage vessels controlled with an internal floating roof meeting the specifications of § 63.119(b), an external floating roof meeting the specifications of § 63.119(c), or an external floating roof converted to an internal floating meeting the specifications of § 63.119(d). (ii) Emission points controlled with a flare. (iii) Wastewater streams that are managed in waste management units that are controlled as specified in §§ 63.133 through 63.137, treated using a steam stripper meeting the specifications of § 63.138(d), and emissions from the steam stripper are controlled in a control device that meets the percent reduction requirements specified in § 63.139(c). (3) Process vents and storage vessels controlled with a control device to an outlet concentration of 20 ppmv or 50 ppmv, as specified in paragraph (b)(2)(iv)(A), (b)(3)(ii), (b)(6), (c)(2)(iv)(B), or (c)(4) of this section, and wastewater streams controlled in a treatment unit to an outlet concentration of 50 ppmw, may not be used in any averaging group. (4) Maintenance wastewater streams, wastewater streams treated in biological treatment units, and Group 2 wastewater streams that are not managed as specified in §§ 63.133 through 63.137 may not be included in any averaging group. (5) Processes which have been permanently shut down and storage vessels permanently taken out of HAP service may not be included in any averaging group. (6) Emission points already controlled on or before November 15, 1990 may not be used to generate emissions averaging credits, unless the level of control has been increased after November 15, 1990. In these cases, credit will be allowed only for the increase in control after November 15, 1990. (7) Emission points controlled to comply with a State or Federal rule other than this subpart may not be included in an emissions averaging group, unless the level of control has been increased after November 15, 1990, above what is required by the other State or Federal rule. Only the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average. (i) Opening of a safety device. (j) Closed-vent systems. (1) Install, calibrate, maintain, and operate a flow indicator that is capable of determining whether vent stream flow is present and taking frequent, periodic readings. Records shall be maintained as specified in § 63.1367(f)(1). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or (2) Secure the bypass line valve in the closed position with a car-seal or lock-and-key type configuration. Records shall be maintained as specified in § 63.1367(f)(2). (k) Control requirements for certain liquid streams in open systems within a PAI process unit. (2) The item of equipment is of a type identified in Table 4 of this subpart; (3) The item of equipment is part of a PAI process unit as defined in § 63.1361; (4) The item of equipment is controlled less stringently than in Table 4 of this subpart, and the item of equipment is not otherwise exempt from controls by the provisions of this subpart or subpart A of this part; (5) The item of equipment: (i) Is a drain, drain hub, manhole, lift station, trench, pipe, or oil/water separator that conveys water with a total annual average concentration greater than or equal to 10,000 ppm by weight of compounds in Table 9 of subpart G of this part at any flowrate; or a total annual average concentration greater than or equal to 1,000 ppm by weight of compounds in Table 9 of subpart G of this part at an annual average flow rate greater than or equal to 10 liters per minute; or (ii) Is a tank that receives one or more streams that contain water with a total annual average concentration greater than or equal to 1,000 ppm by weight of compounds in Table 9 of subpart G of this part at an annual average flowrate greater than or equal to 10 liters per minute. The owner or operator of the source shall determine the characteristics of the stream as specified in paragraphs (k)(5)(ii)(A) and (B) of this section. (A) The characteristics of the stream being received shall be determined at the inlet to the tank. (B) The characteristics shall be determined according to the procedures in § 63.144(b) and (c) of subpart G of this part. (l) Exemption for RCRA treatment units. (1) A boiler or process heater burning hazardous waste for which the owner or operator: (i) Has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (ii) Has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (2) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. [64 FR 33589, June 23, 1999, as amended at 67 FR 59343, Sept. 20, 2002; 68 FR 37358, June 23, 2003; 79 FR 17372, Mar. 27, 2014] § 63.1363 Standards for equipment leaks. (a) General equipment leak requirements. (2) Consistency with other regulations. (i) 40 CFR part 60. (ii) 40 CFR part 61. (3) [Reserved] (4) The provisions in § 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (a)(2) of this section. (5) Lines and equipment not containing process fluids are not subject to the provisions of this section. Utilities, and other nonprocess lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process. (6) The provisions of this section do not apply to bench-scale processes, regardless of whether the processes are located at the same plant site as a process subject to the provisions of this subpart MMM. (7) Each piece of equipment to which this section applies shall be identified such that it can be distinguished readily from equipment that is not subject to this section. Identification of the equipment does not require physical tagging of the equipment. For example, the equipment may be identified on a plant site plan, in log entries, or by designation of process boundaries by some form of weatherproof identification. If changes are made to the affected source subject to the leak detection requirements, equipment identification for each type of component shall be updated, if needed, within 15 calendar days of the end of each monitoring period for that component. (8) Equipment that is in vacuum service is excluded from the requirements of this section. (9) Equipment that is in organic HAP service, but is in such service less than 300 hours per calendar year, is excluded from the requirements of this section if it is identified as required in paragraph (g)(9) of this section. (10) When each leak is detected by visual, audible, or olfactory means, or by monitoring as described in § 63.180(b) or (c) of subpart H of this part, the following requirements apply: (i) A weatherproof and readily visible identification, marked with the equipment identification number, shall be attached to the leaking equipment. (ii) The identification on a valve in light liquid or gas/vapor service may be removed after it has been monitored as specified in paragraph (e)(7)(iii) of this section, and no leak has been detected during the follow-up monitoring. If an owner or operator elects to comply with § 63.174(c)(1)(i), the identification on a connector may be removed after it has been monitored as specified in § 63.174(c)(1)(i) and no leak is detected during that monitoring. (iii) The identification on equipment, except as specified in paragraph (a)(10)(ii) of this section, may be removed after it has been repaired. (b) References. (1) Sections 63.160, 63.161, 63.162, 63.163, 63.167, 63.168, 63.170, 63.173, 63.175, 63.176, 63.181, and 63.182 of subpart H of this part shall not apply for the purposes of this subpart MMM. The owner or operator shall comply with the provisions specified in paragraphs (b)(1)(i) through (viii) of this section. (i) Sections 63.160 and 63.162 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (a) of this section; (ii) Section 63.161 of subpart H of this part shall not apply, instead the owner or operator shall comply with § 63.1361; (iii) Sections 63.163 and 63.173 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (c) of this section; (iv) Section 63.167 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (d) of this section; (v) Section 63.168 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (e) of this section; (vi) Section 63.170 of subpart H of this part shall not apply, instead the owner or operator shall comply with § 63.1362(b); (vii) Section 63.181 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (g) of this section; and (viii) Section 63.182 of subpart H of this part shall not apply, instead the owner or operator shall comply with paragraph (h) of this section. (2) The owner or operator shall comply with §§ 63.164, 63.166, 63.169, 63.177, and 63.179 of subpart H of this part in their entirety, except that when these sections reference other sections of subpart H of this part, the owner or operator shall comply with the revised sections as specified in paragraphs (b)(1), (3), and (4) of this section. Section 63.164 of subpart H of this part applies to compressors. Section 63.166 of subpart H of this part applies to sampling connection systems. Section 63.169 of subpart H of this part applies to: pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service. Section 63.177 of subpart H of this subpart applies to general alternative means of emission limitation. Section 63.179 of subpart H of this part applies to alternative means of emission limitation for enclosed-vented process units. (3) The owner or operator shall comply with §§ 63.171, 63.172, 63.174, 63.178, and 63.180 of subpart H of this part with the differences specified in paragraphs (b)(3)(i) through (v) of this section. (i) Section 63.171, Delay of repair, shall apply except § 63.171(a) shall not apply. Delay of repair of equipment for which leaks have been detected is allowed if one of the following conditions exist: (A) The repair is technically infeasible without a process shutdown. Repair of this equipment shall occur by the end of the next scheduled process shutdown. (B) The owner or operator determines that repair personnel would be exposed to an immediate danger if attempting to repair without a process shutdown. Repair of this equipment shall occur by the end of the next scheduled process shutdown. (ii) Section 63.172, Closed-vent systems and control devices, shall apply for closed-vent systems used to comply with this section, and for control devices used to comply with this section only, except: (A) Section 63.172(k) and (l) shall not apply. The owner or operator shall instead comply with paragraph (f) of this section. (B) Owners or operators may, instead of complying with the provisions of § 63.172(f), design a closed-vent system to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the associated control device is operating. (iii) Section 63.174, Connectors, shall apply except: (A) Section 63.174(b), (f), (g), and (h) shall not apply. In place of § 63.174(b), the owner or operator shall comply with paragraphs (b)(3)(iii)(C) through (G) of this section. In place of § 63.174(f), (g), and (h), the owner or operator shall comply with paragraph (f) of this section. (B) Days that the connectors are not in organic HAP service shall not be considered part of the 3-month period in § 63.174(c). (C) If the percent leaking connectors in a group of processes was greater than or equal to 0.5 percent during the initial monitoring period, monitoring shall be performed once per year until the percent leaking connectors is less than 0.5 percent. (D) If the percent leaking connectors in the group of processes was less than 0.5 percent, but equal to or greater than 0.25 percent, during the last required monitoring period, monitoring shall be performed once every 4 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 40 percent of the connectors in the first 2 years and the remainder of the connectors within the next 2 years. The percent leaking connectors will be calculated for the total of all monitoring performed during the 4-year period. (E) The owner or operator shall increase the monitoring frequency to once every 2 years for the next monitoring period if leaking connectors comprise at least 0.5 percent but less than 1.0 percent of the connectors monitored within either the 4 years specified in paragraph (b)(3)(iii)(D) of this section, the first 4 years specified in paragraph (b)(3)(iii)(G) of this section, or the entire 8 years specified in paragraph (b)(3)(iii)(G) of this section. At the end of that 2-year monitoring period, the owner or operator shall monitor once per year while the percent leaking connectors is greater than or equal to 0.5 percent; if the percent leaking connectors is less than 0.5 percent, the owner or operator may again elect to monitor in accordance with paragraph (b)(3)(iii)(D) or (G) of this section, as applicable. (F) If an owner or operator complying with the requirements of paragraph (b)(3)(iii)(D) or (G) of this section for a group of processes determines that 1 percent or greater of the connectors are leaking, the owner or operator shall increase the monitoring frequency to one time per year. The owner or operator may again elect to use the provisions of paragraph (b)(3)(iii)(D) or (G) of this section after a monitoring period in which less than 0.5 percent of the connectors are determined to be leaking. (G) Monitoring shall be required once every 8 years, if the percent leaking connectors in the group of process units was less than 0.25 percent during the last required monitoring period. An owner or operator shall monitor at least 50 percent of the connectors in the first 4 years and the remainder of the connectors within the next 4 years. If the percent leaking connectors in the first 4 years is equal to or greater than 0.35 percent, the monitoring program shall revert at that time to the appropriate monitoring frequency specified in paragraph (b)(3)(iii)(D), (E), or (F) of this section. (iv) Section 63.178, shall apply, except as specified in paragraphs (b)(3)(iv)(A) and (B) of this section. (A) Section 63.178(b), requirements for pressure testing, shall apply to all processes, not just batch processes. (B) For pumps, the phrase “at the frequencies specified in Table 1 of this subpart” in § 63.178(c)(3)(iii) shall mean “quarterly” for the purposes of this subpart. (v) Section 63.180 of subpart H of this part, Test methods and procedures, shall apply except § 63.180(b)(4)(ii)(A) through (C) of subpart H of this part shall not apply. Calibration gases shall be a mixture of methane and air at a concentration of approximately, but less than, 10,000 parts per million methane for agitators, 2,000 parts per million for pumps, and 500 parts per million for all other equipment, except as provided in § 63.180(b)(4)(iii) of subpart H of this part. (4) Requirements for pressure relief devices. (i) Operating requirements. (ii) Pressure release requirements. (A) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as detected by Method 21 of 40 CFR part 60, appendix A, no later than 5 calendar days after the pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in § 63.171. (B) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in § 63.171. (iii) Pressure release management. (A) For each pressure relief device in organic HAP service, the owner or operator must equip each pressure relief device with a device(s) or use a monitoring system that is capable of: ( 1 ( 2 ( 3 (B) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in paragraph (h)(3)(v) of this section. Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) Pressure relief devices routed to a control device, process, or drain system. (c) Standards for pumps in light liquid service and agitators in gas/vapor service and in light liquid service. (2)(i) Monitoring. (ii) Leak definition. (A) For agitators, an instrument reading of 10,000 parts per million or greater. (B) For pumps, an instrument reading of 2,000 parts per million or greater. (iii) Visual inspections. (A) The owner or operator shall monitor the pump or agitator by the method specified in § 63.180(b). If the instrument reading indicates a leak as specified in paragraph (c)(2)(ii) of this section, a leak is detected. (B) The owner or operator shall eliminate the visual indications of liquids dripping. (3) Repair provisions. (ii) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. First attempts at repair include, but are not limited to, the following practices where practicable: (A) Tightening of packing gland nuts. (B) Ensuring that the seal flush is operating at design pressure and temperature. (4) Calculation of percent leakers. (ii) If, calculated on a 1-year rolling average, 10 percent or more of the pumps in a group of processes (or 3 pumps in a group of processes with fewer than 30 pumps) leak, the owner or operator shall monitor each pump once per month, until the calculated 1-year rolling average value drops below 10 percent (or three pumps in a group of processes with fewer than 30 pumps). (iii) The number of pumps in a group of processes shall be the sum of all the pumps in organic HAP service, except that pumps found leaking in a continuous process within 1 quarter after startup of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (iv) Percent leaking pumps shall be determined using Equation 3 of this subpart: Where: %P L P L P T P S (5) Exemptions. (i) Each dual mechanical seal system is: (A) Operated with the barrier fluid at a pressure that is at all times greater than the pump/agitator stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of paragraph (b)(3)(ii) of this section; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (ii) The barrier fluid is not in light liquid service. (iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (iv) Each pump/agitator is checked by visual inspection each calendar week for indications of liquids dripping from the pump/agitator seal. If there are indications of liquids dripping from the pump or agitator seal at the time of the weekly inspection, the owner or operator shall follow the procedures specified in either paragraph (c)(5)(iv)(A) or (B) of this section prior to the next required inspection. (A) The owner or operator shall monitor the pump or agitator using the method specified in § 63.180(b) to determine if there is a leak of organic HAP in the barrier fluid. If the instrument reading indicates a leak, as specified in paragraph (c)(2)(ii) of this section, a leak is detected. (B) The owner or operator shall eliminate the visual indications of liquids dripping. (v) Each sensor as described in paragraph (c)(5)(iii) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (vi)(A) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicate failure of the seal system, the barrier fluid system, or both. (B) If indications of liquids dripping from the pump/agitator seal exceed the criteria established in paragraph (c)(5)(vi)(A) of this section, or if, based on the criteria established in paragraph (c)(5)(vi)(A) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (vii) When a leak is detected pursuant to paragraph (c)(5)(iv)(A) or (vi)(B) of this section, the leak must be repaired as specified in paragraph (c)(3) of this section. (6) Any pump/agitator that is designed with no externally actuated shaft penetrating the pump/agitator housing is exempt from the requirements of paragraphs (c)(1) through (3) of this section. (7) Any pump/agitator equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals back to the process or to a control device that complies with the requirements of paragraph (b)(3)(ii) of this section is exempt from the requirements of paragraphs (c)(2) through (5) of this section. (8) Any pump/agitator that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (c)(2)(iii) and (c)(5)(iv) of this section, and the daily requirements of paragraph (c)(5)(v) of this section, provided that each pump/agitator is visually inspected as often as practicable and at least monthly. (9) If more than 90 percent of the pumps in a group of processes meet the criteria in either paragraph (c)(5) or (6) of this section, the group of processes is exempt from the requirements of paragraph (c)(4) of this section. (d) Standards: open-ended valves or lines. (ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring process fluid flow through the open-ended valve or line, or during maintenance or repair. The cap, blind flange, plug, or second valve shall be in place within 1 hour of cessation of operations requiring process fluid flow through the open-ended valve or line, or within 1 hour of cessation of maintenance or repair. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (d)(1) of this section at all other times. (4) Open-ended valves or lines in an emergency shutdown system which are designed to open automatically in the event of a process upset are exempt from the requirements of paragraphs (d)(1) through (3) of this section. (5) Open-ended valves or lines containing materials which would autocatalytically polymerize are exempt from the requirements of paragraphs (d)(1) through (3) of this section. (6) Open-ended valves or lines containing materials which could cause an explosion, serious overpressure, or other safety hazard if capped or equipped with a double block and bleed system as specified in paragraphs (d)(1) through (3) of this section are exempt from the requirements of paragraphs (d)(1) through (3) of this section. (e) Standards: valves in gas/vapor service and in light liquid service. (2) For existing and new affected sources, all valves subject to this section shall be monitored, except as provided in paragraph (f) of this section and in § 63.177 of subpart H of this part, by no later than 1 year after the compliance date. (3) Monitoring. (i) The valves shall be monitored to detect leaks by the method specified in § 63.180(b) of subpart H of this part. (ii) An instrument reading of 500 parts per million or greater defines a leak. (4) Subsequent monitoring frequencies. (i) For a group of processes with 2 percent or greater leaking valves, calculated according to paragraph (e)(6) of this section, the owner or operator shall monitor each valve once per month, except as specified in paragraph (e)(9) of this section. (ii) For a group of processes with less than 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter, except as provided in paragraphs (e)(4)(iii) through (v) of this section. (iii) For a group of processes with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 quarters. (iv) For a group of processes with less than 0.5 percent leaking valves, the owner or operator may elect to monitor each valve once every 4 quarters. (v) For a group of processes with less than 0.25 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 years. (5) Calculation of percent leakers. (i) The overall performance of total valves in the applicable group of processes must be less than 2 percent leaking valves, as detected according to paragraphs (e)(3)(i) and (ii) of this section and as calculated according to paragraphs (e)(6)(ii) and (iii) of this section. (ii) The initial assignment or subsequent reassignment of valves to subgroups shall be governed by the provisions of paragraphs (e)(5)(ii) (A) through (C) of this section. (A) The owner or operator shall determine which valves are assigned to each subgroup. Valves with less than 1 year of monitoring data or valves not monitored within the last 12 months must be placed initially into the most frequently monitored subgroup until at least 1 year of monitoring data have been obtained. (B) Any valve or group of valves can be reassigned from a less frequently monitored subgroup to a more frequently monitored subgroup provided that the valves to be reassigned were monitored during the most recent monitoring period for the less frequently monitored subgroup. The monitoring results must be included with the less frequently monitored subgroup's monitoring event and associated next percent leaking valves calculation for that group. (C) Any valve or group of valves can be reassigned from a more frequently monitored subgroup to a less frequently monitored subgroup provided that the valves to be reassigned have not leaked for the period of the less frequently monitored subgroup (e.g., for the last 12 months, if the valve or group of valves is to be reassigned to a subgroup being monitored annually). Nonrepairable valves may not be reassigned to a less frequently monitored subgroup. (iii) The owner or operator shall determine every 6 months if the overall performance of total valves in the applicable group of processes is less than 2 percent leaking valves and so indicate the performance in the next Periodic report. If the overall performance of total valves in the applicable group of processes is 2 percent leaking valves or greater, the owner or operator shall revert to the program required in paragraphs (e)(2) through (4) of this section. The overall performance of total valves in the applicable group of processes shall be calculated as a weighted average of the percent leaking valves of each subgroup according to Equation 4 of this subpart: Where: %V LO %V Li V i n = number of subgroups (iv) Records. (A) Which valves are assigned to each subgroup, (B) Monitoring results and calculations made for each subgroup for each monitoring period, (C) Which valves are reassigned and when they were reassigned, and (D) The results of the semiannual overall performance calculation required in paragraph (e)(5)(iii) of this section. (v) The owner or operator shall notify the Administrator no later than 30 days prior to the beginning of the next monitoring period of the decision to subgroup valves. The notification shall identify the participating processes and the valves assigned to each subgroup. (vi) Semiannual reports. (A) Valve reassignments occurring during the reporting period, and (B) Results of the semiannual overall performance calculation required by paragraph (e)(5)(iii) of this section. (vii) To determine the monitoring frequency for each subgroup, the calculation procedures of paragraph (e)(6)(iii) of this section shall be used. (viii) Except for the overall performance calculations required by paragraphs (e)(5)(i) and (iii) of this section, each subgroup shall be treated as if it were a process for the purposes of applying the provisions of this section. (6)(i) The owner or operator shall decide no later than the implementation date of this subpart or upon revision of an operating permit how to group the processes. Once the owner or operator has decided, all subsequent percentage calculations shall be made on the same basis. (ii) Percent leaking valves for each group of processes or subgroup shall be determined using Equation 5 of this subpart: Where: %V L V L V T (iii) When determining monitoring frequency for each group of processes or subgroup subject to monthly, quarterly, or semiannual monitoring frequencies, the percent leaking valves shall be the arithmetic average of the percent leaking valves from the last two monitoring periods. When determining monitoring frequency for each group of processes or subgroup subject to annual or biennial (once every 2 years) monitoring frequencies, the percent leaking valves shall be the arithmetic average of the percent leaking valves from the last three monitoring periods. (iv)(A) Nonrepairable valves shall be included in the calculation of percent leaking valves the first time the valve is identified as leaking and nonrepairable and as required to comply with paragraph (e)(6)(iv)(B) of this section. Otherwise, a number of nonrepairable valves (identified and included in the percent leaking calculation in a previous period) up to a maximum of 1 percent of the total number of valves in organic HAP service at a process may be excluded from calculation of percent leaking valves for subsequent monitoring periods. (B) If the number of nonrepairable valves exceeds 1 percent of the total number of valves in organic HAP service at a process, the number of nonrepairable valves exceeding 1 percent of the total number of valves in organic HAP service shall be included in the calculation of percent leaking valves. (7) Repair provisions. (ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (iii) When a leak is repaired, the valve shall be monitored at least once within the first 3 months after its repair. Days that the valve is not in organic HAP service shall not be considered part of this 3-month period. The monitoring required by this paragraph is in addition to the monitoring required to satisfy the definitions of “repaired” and “first attempt at repair.” (A) The monitoring shall be conducted as specified in § 63.180(b) and (c) as appropriate, to determine whether the valve has resumed leaking. (B) Periodic monitoring required by paragraphs (e)(2) through (4) of this section may be used to satisfy the requirements of paragraph (e)(7)(iii) of this section, if the timing of the monitoring period coincides with the time specified in paragraph (e)(7)(iii) of this section. Alternatively, other monitoring may be performed to satisfy the requirements of paragraph (e)(7)(iii) of this section, regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in paragraph (e)(7)(iii) of this section. (C) If a leak is detected by monitoring that is conducted pursuant to paragraph (e)(7)(iii) of this section, the owner or operator shall follow the provisions of paragraphs (e)(7)(iii)(C)( 1 2 ( 1 ( 2 (8) First attempts at repair include, but are not limited to, the following practices where practicable: (i) Tightening of bonnet bolts, (ii) Replacement of bonnet bolts, (iii) Tightening of packing gland nuts, and (iv) Injection of lubricant into lubricated packing. (9) Any equipment located at a plant site with fewer than 250 valves in organic HAP service in the affected source is exempt from the requirements for monthly monitoring specified in paragraph (e)(4)(i) of this section. Instead, the owner or operator shall monitor each valve in organic HAP service for leaks once each quarter, or comply with paragraph (e)(4)(iii), (iv), or (v) of this section, except as provided in paragraph (f) of this section. (f) Unsafe to monitor, difficult-to-monitor, and inaccessible equipment. (i) For pumps and agitators, paragraphs (c)(2), (3), and (4) of this section do not apply. (ii) For valves, paragraphs (e)(2) through (7) of this section do not apply. (iii) For connectors, § 63.174(b) through (e) and paragraphs (b)(3)(iii)(C) through (G) of this section do not apply. (iv) For closed-vent systems, § 63.172(f)(1), (f)(2), and (g) do not apply. (2) Equipment that is unsafe-to-monitor. (ii) The owner or operator of equipment that is designated as unsafe-to-monitor must have a written plan that requires monitoring of the equipment as frequently as practicable during safe-to-monitor times. For valves, connectors, and agitators, monitoring shall not be more frequent than the periodic monitoring schedule otherwise applicable to the group of processes in which the equipment is located. For closed-vent systems, inspections shall not be more frequent than annually. (3) Equipment that is difficult-to-monitor. (ii) At a new affected source, an owner or operator may designate no more than 3 percent of valves as difficult-to-monitor. (iii) The owner or operator of valves, agitators, or pumps designated as difficult-to-monitor must have a written plan that requires monitoring of the equipment at least once per calendar year or on the periodic monitoring schedule otherwise applicable to the group of processes in which the equipment is located, whichever is less frequent. For any part of a closed-vent system designated as difficult-to-monitor, the owner or operator must have a written plan that requires inspection of the closed-vent system at least once every 5 years. (4) Inaccessible, ceramic, or ceramic-lined connectors. (A) Buried; (B) Insulated in a manner that prevents access to the equipment by a monitor probe; (C) Obstructed by equipment or piping that prevents access to the equipment by a monitor probe; (D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold which would allow access to equipment up to 7.6 meters above the ground; or (E) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment. (F) Would require elevating the monitoring personnel more than 2 meters above a permanent support surface or would require the erection of scaffold. (ii) At a new affected source, an owner or operator may designate no more than 3 percent of connectors as inaccessible. (iii) If any inaccessible, ceramic, or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the leak shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (b)(3)(i) of this section. (iv) Any connector that is inaccessible or that is ceramic or ceramic-lined is exempt from the recordkeeping and reporting requirements of paragraphs (g) and (h) of this section. (g) Recordkeeping requirements. (2) General recordkeeping. (i)(A) A list of identification numbers for equipment (except instrumentation systems) subject to the requirements of this section. Connectors, except those subject to paragraph (f) of this section, need not be individually identified if all connectors in a designated area or length of pipe subject to the provisions of this section are identified as a group, and the number of subject connectors is indicated. The list for each type of equipment shall be completed no later than the completion of the initial survey required for that component. The list of identification numbers shall be updated, if needed, to incorporate equipment changes within 15 calendar days of the completion of each monitoring survey for the type of equipment component monitored. (B) A schedule for monitoring connectors subject to the provisions of § 63.174(a) of subpart H of this part and valves subject to the provisions of paragraph (e)(4) of this section. (C) Physical tagging of the equipment is not required to indicate that it is in organic HAP service. Equipment subject to the provisions of this section may be identified on a plant site plan, in log entries, or by other appropriate methods. (ii)(A) A list of identification numbers for equipment that the owner or operator elects to equip with a closed-vent system and control device, subject to the provisions of paragraphs (b)(4)(iv) or (c)(7) of this section or § 63.164(h). (B) A list of identification numbers for compressors that the owner or operator elects to designate as operating with an instrument reading of less than 500 parts per million above background, under the provisions of § 63.164(i) of subpart H of this part. (iii)(A) A list of identification numbers for pressure relief devices subject to the provisions in paragraph (b)(4)(i) of this section. (B) A list of identification numbers for pressure relief devices equipped with rupture disks, subject to the provisions of paragraph (b)(4)(ii)(B) of this section. (iv) Identification of instrumentation systems subject to the provisions of this section. Individual components in an instrumentation system need not be identified. (v) The following information shall be recorded for each dual mechanical seal system: (A) Design criteria required by paragraph (c)(5)(vi)(A) of this section and § 63.164(e)(2) of subpart H of this part, and an explanation of the design criteria; and (B) Any changes to these criteria and the reasons for the changes. (vi) A list of equipment designated as unsafe-to-monitor or difficult-to-monitor under paragraph (f) of this section and a copy of the plan for monitoring this equipment. (vii) A list of connectors removed from and added to the process, as described in § 63.174(i)(1) of subpart H of this part, and documentation of the integrity of the weld for any removed connectors, as required in § 63.174(j) of subpart H of this part. This is not required unless the net credits for removed connectors is expected to be used. (viii) For batch processes that the owner or operator elects to monitor as provided under § 63.178(c) of subpart H of this part, a list of equipment added to batch product processes since the last monitoring period required in § 63.178(c)(3)(ii) and (iii) of subpart H of this part. This list must be completed for each type of equipment within 15 calendar days of the completion of the each monitoring survey for the type of equipment monitored. (3) Records of visual inspections. (4) Monitoring records. (i) The instrument and the equipment identification number and the operator name, initials, or identification number. (ii) The date the leak was detected and the date of first attempt to repair the leak. (iii) The date of successful repair of the leak. (iv) If postrepair monitoring is required, maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A, after it is successfully repaired or determined to be nonrepairable. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (A) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures must be maintained at the plant site. Reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (B) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked onsite before depletion and the reason for depletion. (vi) If repairs were delayed, dates of process shutdowns that occur while the equipment is unrepaired. (vii)(A) If the alternative in § 63.174(c)(1)(ii) of subpart H of this part is not in use for the monitoring period, identification, either by list, location (area or grouping), or tagging of connectors disturbed since the last monitoring period required in § 63.174(b) of subpart H of this part, as described in § 63.174(c)(1) of subpart H of this part. (B) The date and results of follow-up monitoring as required in § 63.174(c) of subpart H of this part. If identification of disturbed connectors is made by location, then all connectors within the designated location shall be monitored. (viii) The date and results of the monitoring required in § 63.178(c)(3)(i) of subpart H of this part for equipment added to a batch process since the last monitoring period required in § 63.178(c)(3)(ii) and (iii) of subpart H of this part. If no leaking equipment is found in this monitoring, the owner or operator shall record that the inspection was performed. Records of the actual monitoring results are not required. (ix) Copies of the periodic reports as specified in paragraph (h)(3) of this section, if records are not maintained on a computerized data base capable of generating summary reports from the records. (5) Records of pressure tests. (i) The identification of each product, or product code, produced during the calendar year. It is not necessary to identify individual items of equipment in the process equipment train. (ii) Records demonstrating the proportion of the time during the calendar year the equipment is in use in the process that is subject to the provisions of this subpart. Examples of suitable documentation are records of time in use for individual pieces of equipment or average time in use for the process unit. These records are not required if the owner or operator does not adjust monitoring frequency by the time in use, as provided in § 63.178(c)(3)(iii) of subpart H of this part. (iii) Physical tagging of the equipment to identify that it is in organic HAP service and subject to the provisions of this section is not required. Equipment in a process subject to the provisions of this section may be identified on a plant site plan, in log entries, or by other appropriate methods. (iv) The dates of each pressure test required in § 63.178(b) of subpart H of this part, the test pressure, and the pressure drop observed during the test. (v) Records of any visible, audible, or olfactory evidence of fluid loss. (vi) When a process equipment train does not pass two consecutive pressure tests, the following information shall be recorded in a log and kept for 2 years: (A) The date of each pressure test and the date of each leak repair attempt. (B) Repair methods applied in each attempt to repair the leak. (C) The reason for the delay of repair. (D) The expected date for delivery of the replacement equipment and the actual date of delivery of the replacement equipment. (E) The date of successful repair. (6) Records of compressor and pressure relief device compliance tests. (i) The background level measured during each compliance test. (ii) The maximum instrument reading measured at each piece of equipment during each compliance test. (7) Records for closed-vent systems. (i) The design specifications and performance demonstrations specified in paragraphs (g)(7)(i)(A) through (D) of this section. (A) Detailed schematics, design specifications of the control device, and piping and instrumentation diagrams. (B) The dates and descriptions of any changes in the design specifications. (C) The flare design (i.e., steam assisted, air assisted, or nonassisted) and the results of the compliance demonstration required by § 63.11(b) of subpart A of this part. (D) A description of the parameter or parameters monitored, as required in paragraph (b)(3)(ii) of this section, to ensure that control devices are operated and maintained in conformance with their design and an explanation of why that parameter (or parameters) was selected for the monitoring. (ii) Records of operation of closed-vent systems and control devices. (A) Dates and durations when the closed-vent systems and control devices required in paragraph (c) of this section and §§ 63.164 through 63.166 of subpart H of this part are not operated as designed as indicated by the monitored parameters, including periods when a flare pilot light system does not have a flame. (B) Dates and durations during which the monitoring system or monitoring device is inoperative. (C) Dates and durations of startups and shutdowns of control devices required in paragraph (c) of this section and §§ 63.164 through 63.166 of subpart H of this part. (iii) Records of inspections of closed-vent systems subject to the provisions of § 63.172 of subpart H of this part. (A) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (2) of subpart H of this part during which no leaks were detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (B) For each inspection conducted in accordance with the provisions of § 63.172(f)(1) or (f)(2) of subpart H of this part during which leaks were detected, the information specified in paragraph (g)(4) of this section shall be recorded. (8) Records for components in heavy liquid service. (9) Records of exempt components. (10) Records of alternative means of compliance determination. (i) Identification of the process(es) and the organic HAP they handle. (ii) A schematic of the process, enclosure, and closed-vent system. (iii) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. (11) Records of pressure releases to the atmosphere from pressure relief devices. (i) The source, nature, and cause of the pressure release. (ii) The date, time, and duration of the pressure release. (iii) The quantity of total HAP emitted during the pressure release and the calculations used for determining this quantity. (iv) The actions taken to prevent this pressure release. (v) The measures adopted to prevent future such pressure releases. (h) Reporting Requirements. (i) A Notification of Compliance Status report described in paragraph (h)(2) of this section, and (ii) Periodic reports described in paragraph (h)(3) of this section. (2) Notification of compliance status report. (i) The notification shall provide the information listed in paragraphs (h)(2)(i)(A) through (C) of this section for each group of processes subject to the requirements of paragraphs (b) through (g) of this section. (A) Identification of the group of processes. (B) Approximate number of each equipment type (e.g., valves, pumps) in organic HAP service, excluding equipment in vacuum service. (C) Method of compliance with the standard (for example, “monthly leak detection and repair” or “equipped with dual mechanical seals”). (ii) The notification shall provide the information listed in paragraphs (h)(2)(ii)(A) and (B) of this section for each process subject to the requirements of paragraph (b)(3)(iv) of this section and § 63.178(b) of subpart H of this part. (A) Products or product codes subject to the provisions of this section, and (B) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this section. (iii) The notification shall provide the information listed in paragraphs (h)(2)(iii)(A) and (B) of this section for each process subject to the requirements in § 63.179 of subpart H of this part. (A) Process identification. (B) A description of the system used to create a negative pressure in the enclosure and the control device used to comply with the requirements of paragraph (b)(3)(ii) of this section. (iv) For pressure relief devices in organic HAP service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), a description of the alarms or other methods by which operators will be notified of a pressure release, and a description of how the owner or operator will determine the information to be recorded under paragraphs (g)(11)(ii) and (iii) of this section (i.e., the duration of the pressure release and the methodology and calculations for determining of the quantity of total HAP emitted during the pressure release). (3) Periodic reports. (i) A report containing the information in paragraphs (h)(3)(ii) through (v) of this section shall be submitted semiannually. The first Periodic report shall be submitted no later than 240 days after the date the Notification of Compliance Status report is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status report is due. Each subsequent Periodic report shall cover the 6-month period following the preceding period. (ii) For equipment complying with the provisions of paragraphs (b) through (g) of this section, the Periodic report shall contain the summary information listed in paragraphs (h)(3)(ii)(A) through (L) of this section for each monitoring period during the 6-month period. (A) The number of valves for which leaks were detected as described in paragraph (e)(2) of this section, the percent leakers, and the total number of valves monitored; (B) The number of valves for which leaks were not repaired as required in paragraph (e)(7) of this section, identifying the number of those that are determined nonrepairable; (C) The number of pumps and agitators for which leaks were detected as described in paragraph (c)(2) of this section, the percent leakers, and the total number of pumps and agitators monitored; (D) The number of pumps and agitators for which leaks were not repaired as required in paragraph (c)(3) of this section; (E) The number of compressors for which leaks were detected as described in § 63.164(f) of subpart H of this part; (F) The number of compressors for which leaks were not repaired as required in § 63.164(g) of subpart H of this part; (G) The number of connectors for which leaks were detected as described in § 63.174(a) of subpart H of this part, the percent of connectors leaking, and the total number of connectors monitored; (H) The number of connectors for which leaks were not repaired as required in § 63.174(d) of subpart H of this part, identifying the number of those that are determined nonrepairable; (I) The facts that explain any delay of repairs and, where appropriate, why a process shutdown was technically infeasible. (J) The results of all monitoring to show compliance with §§ 63.164(i) and 63.172(f) conducted within the semiannual reporting period. (K) If applicable, the initiation of a monthly monitoring program under either paragraph (c)(4)(ii) or paragraph (e)(4)(i)(A) of this section. (L) If applicable, notification of a change in connector monitoring alternatives as described in § 63.174(c)(1) of subpart H of this part. (iii) For owners or operators electing to meet the requirements of § 63.178(b) of subpart H of this part, the Periodic report shall include the information listed in paragraphs (h)(3)(iii) (A) through (E) of this section for each process. (A) Product process equipment train identification; (B) The number of pressure tests conducted; (C) The number of pressure tests where the equipment train failed either the retest or two consecutive pressure tests; (D) The facts that explain any delay of repairs; and (E) The results of all monitoring to determine compliance with § 63.172(f) of subpart H of this part. (iv) Any change in the information submitted under paragraph (h)(2) of this section shall be provided in the next Periodic report. (v) For pressure relief devices in organic HAP service, Periodic Reports must include the information specified in paragraphs (h)(3)(v)(A) through (C) of this section. (A) For pressure relief devices in organic HAP service subject to paragraph (b)(4) of this section, report confirmation that all monitoring to show compliance was conducted within the reporting period. (B) For pressure relief devices in organic HAP gas or vapor service subject to paragraph (b)(4)(ii) of this section, report any instrument reading of 500 ppm above background or greater, more than 5 calendar days after the pressure release. (C) For pressure relief devices in organic HAP service subject to paragraph (b)(4)(iii) of this section, report each pressure release to the atmosphere, including the following information: ( 1 ( 2 ( 3 ( 4 ( 5 [64 FR 33589, June 23, 1999, as amended at 67 FR 59345, Sept. 20, 2002; 79 FR 17372, Mar. 27, 2014] § 63.1364 Compliance dates. (a) Compliance dates for existing sources. (2) Pursuant to section 112(i)(3)(B) of the CAA, an owner or operator of an existing source may request an extension of up to 1 additional year to comply with the provisions of this subpart if the additional time is needed for the installation of controls. (i) For purposes of this subpart, a request for an extension shall be submitted no later than 120 days prior to the compliance date specified in paragraph (a)(1) of this section, except as provided in paragraph (a)(2)(ii) of this section. The dates specified in § 63.6(i) of subpart A of this part for submittal of requests for extensions shall not apply to sources subject to this subpart. (ii) An owner or operator may submit a compliance extension request after the date specified in paragraph (a)(1)(i) of this section provided the need for the compliance extension arose after that date and before the otherwise applicable compliance date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include the data described in § 63.6(i)(8)(A), (B), and (D) of subpart A of this part. (b) Compliance dates for new and reconstructed sources. [64 FR 33589, June 23, 1999, as amended at 67 FR 13511, Mar. 22, 2002; 67 FR 38203, June 3, 2002; 79 FR 17374, Mar. 27, 2014] § 63.1365 Test methods and initial compliance procedures. (a) General. (1) Design evaluation. (i) For an enclosed combustion device used to comply with the provisions of § 63.1362(b)(2)(iv), (b)(4)(ii), (c)(2)(iv)(B), or (c)(3) with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C, the design evaluation must document that these conditions exist. (ii) For a combustion control device that does not satisfy the criteria in paragraph (a)(1)(i) of this section, the design evaluation must document control efficiency and address the following characteristics, depending on the type of control device: (A) For a thermal vapor incinerator, the design evaluation must consider the autoignition temperature of the organic HAP, must consider the vent stream flow rate, and must establish the design minimum and average temperature in the combustion zone and the combustion zone residence time. (B) For a catalytic vapor incinerator, the design evaluation must consider the vent stream flow rate and must establish the design minimum and average temperatures across the catalyst bed inlet and outlet. (C) For a boiler or process heater, the design evaluation must consider the vent stream flow rate, must establish the design minimum and average flame zone temperatures and combustion zone residence time, and must describe the method and location where the vent stream is introduced into the flame zone. (iii) For a condenser, the design evaluation must consider the vent stream flow rate, relative humidity, and temperature, and must establish the maximum temperature of the condenser exhaust vent stream and the corresponding outlet organic HAP compound concentration level or emission rate for which the required reduction is achieved. (iv) For a carbon adsorption system that regenerates the carbon bed directly onsite in the control device such as a fixed-bed adsorber, the design evaluation must consider the vent stream flow rate, relative humidity, and temperature, and must establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number of carbon beds and their capacities, type and working capacity of activated carbon used for the carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon. For vacuum desorption, the pressure drop must be included. (v) For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design evaluation must consider the vent stream mass or volumetric flow rate, relative humidity, and temperature, and must establish the design exhaust vent stream organic compound concentration level, capacity of the carbon bed, type and working capacity of activated carbon used for the carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule. (vi) For a scrubber, the design evaluation must consider the vent stream composition, constituent concentrations, liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, temperature, and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation must establish the design exhaust vent stream organic compound concentration level and must include the additional information in paragraphs (a)(1)(vi)(A) and (B) of this section for trays and a packed column scrubber. (A) Type and total number of theoretical and actual trays; (B) Type and total surface area of packing for entire column, and for individual packed sections if column contains more than one packed section. (vii) For fabric filters, the design evaluation must include the pressure drop through the device and the net gas-to-cloth ratio (i.e., cubic feet of gas per square feet of cloth). (2) Calculation of TOC or total organic HAP concentration. Where: CG T CGS i, j n = number of compounds in the sample m = number of samples in the sample run. (3) Initial compliance using flares. (i) The initial compliance determination shall consist of a visible emissions determination using Method 22 of 40 CFR part 60, appendix A, as described in § 63.11(b)(4) of subpart A of this part, and a determination of net heating value of gas being combusted and exit velocity to comply with the requirements of § 63.11(b)(6) through (8) of subpart A of this part. The net heating value and exit velocity shall be based on the results of performance testing under the conditions described in paragraphs (b)(10) and (11) of this section. (ii) An owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration when a flare is used. (4) Exemptions from compliance demonstrations. (i) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (ii) A boiler or process heater into which the emission stream is introduced with the primary fuel. (5) Initial compliance with alternative standard. (6) Initial compliance with the 20 ppmv outlet limit. (7) Outlet concentration correction for supplemental gases. (i) Combustion device. (A) To comply with a TOC or total organic HAP outlet concentration standard in § 63.1362(b)(2)(iv)(A), (b)(4)(ii)(A), (b)(6), (c)(2)(iv)(B), (c)(4), (d)(13), or § 63.172, the actual TOC outlet concentration must be corrected to 3 percent oxygen. (B) If the inlet stream to the combustion device contains any HCl, chlorine, or halogenated compounds, and the owner or operator elects to comply with a total HCl and chlorine outlet concentration standard in § 63.1362(b)(3)(ii), (b)(5)(ii), (b)(5)(iii), (b)(6), or (c)(4), the actual total HCl and chlorine outlet concentration must be corrected to 3 percent oxygen. (C) The integrated sampling and analysis procedures of Method 3B of 40 CFR part 60, appendix A, shall be used to determine the actual oxygen concentration (%O 2d d Where: C c C m %O 2d (ii) Noncombustion devices. Where: C a C m V a V s (b) Test methods and conditions. (1) Method 1 or 1A of appendix A of 40 CFR part 60 shall be used for sample and velocity traverses. (2) Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60 shall be used for velocity and volumetric flow rates. (3) Method 3 of appendix A of 40 CFR part 60 shall be used for gas analysis. (4) Method 4 of appendix A of 40 CFR part 60 shall be used for stack gas moisture. (5) Concentration measurements shall be adjusted to negate the dilution effects of introducing nonaffected gaseous streams into the vent streams prior to control or measurement. The following methods are specified for concentration measurements of organic compounds: (i) Method 18 of appendix A of 40 CFR part 60 may be used to determine HAP concentration in any control device efficiency determination. (ii) Method 25 of appendix A of 40 CFR part 60 may be used to determine total gaseous nonmethane organic concentration for control efficiency determinations in combustion devices. (iii) Method 25A of appendix A of 40 CFR part 60 may be used to determine the HAP or TOC concentration for control device efficiency determinations under the conditions specified in Method 25 of appendix A of 40 CFR part 60 for direct measurement of an effluent with a flame ionization detector, or in demonstrating compliance with the 20 ppmv TOC outlet standard. If Method 25A of appendix A of 40 CFR part 60 is used to determine the concentration of TOC for the 20 ppmv standard, the instrument shall be calibrated on methane or the predominant HAP. If calibrating on the predominant HAP, the use of Method 25A of appendix A of 40 CFR part 60 shall comply with paragraphs (b)(5)(i)(A) through (C) of this section. (A) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A, shall be the single organic HAP representing the largest percent by volume. (B) The use of Method 25A, 40 CFR part 60, appendix A, is acceptable if the response from the high level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (C) The span value of the analyzer must be less than 100 ppmv. (6) The methods in either paragraph (b)(6)(i) or (ii) of this section shall be used to determine the concentration, in mg/dscm, of total HCl and chlorine. Concentration measurements shall be adjusted to negate the dilution effects of introducing nonaffected gaseous streams into the vent streams prior to control or measurement. (i) Method 26 or 26A of 40 CFR part 60, appendix A. (ii) Any other method if the method or data have been validated according to the applicable procedures of Method 301 of appendix A of this part. (7) Method 5 of appendix A of 40 CFR part 60 shall be used to determine the concentration of particulate matter in exhaust gas streams from bag dumps and product dryers. (8) Wastewater analysis shall be conducted in accordance with § 63.144(b)(5)(i) through (iii) or as specified in paragraph (b)(8)(i) or (ii) of this section. (i) As an alternative to the methods specified in § 63.144(b)(5)(i), an owner or operator may conduct wastewater analyses using Method 1666 or 1671 of 40 CFR part 136, appendix A, and comply with the sampling protocol requirements specified in § 63.144(b)(5)(ii). The validation requirements specified in § 63.144(b)(5)(iii) do not apply if an owner or operator uses Method 1666 or 1671 of 40 CFR part 136, appendix A. (ii) As an alternative to the methods specified in § 63.144(b)(5)(i), an owner or operator may use procedures specified in Method 8260 or 8270 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” EPA Publication No. SW-846, Third Edition, September 1986, as amended by Update I, November 15, 1992. An owner or operator also may use any more recent, updated version of Method 8260 or 8270 approved by EPA. For the purpose of using Method 8260 or 8270 to comply with this subpart, the owner or operator must maintain a formal quality assurance program consistent with either Section 8 of Method 8260 or Method 8270. This program must include the elements related to measuring the concentrations of volatile compounds that are specified in paragraphs (b)(8)(ii)(A) through (C) of this section. (A) Documentation of site-specific procedures to minimize the loss of compounds due to volatilization, biodegradation, reaction, or sorption during the sample collection, storage, and preparation steps. (B) Documentation of specific quality assurance procedures followed during sampling, sample preparation, sample introduction, and analysis. (C) Measurement of the average accuracy and precision of the specific procedures, including field duplicates and field spiking of the material source before or during sampling with compounds having similar chemical characteristics to the target analytes. (9) Method 22 of appendix A of 40 CFR part 60 shall be used to determine visible emissions from flares. (10) Testing conditions for continuous processes. (11) Testing conditions for batch processes. (i) Absolute peak-case. (A) The period in which the inlet to the control device will contain at least 50 percent of the maximum HAP mass load that may be vented to the control device over any 8-hour period. An emission profile as described in paragraph (b)(11)(iii)(A) of this section shall be used to identify the 8-hour period that includes the maximum projected HAP load. (B) A 1-hour period of time in which the inlet to the control device will contain the highest hourly HAP mass loading rate that may be vented to the control device. An emission profile as described in paragraph (b)(11)(iii)(A) of this section shall be used to identify the 1-hour period of maximum HAP loading. (C) The period of time when a condition other than the maximum HAP load is most challenging for the control device. These conditions include, but are not limited to the following: ( 1 ( 2 ( 3 (ii) Hypothetical peak-case. (iii) Emissions profile. (A) Emissions profile by process. (B) Emission profile by equipment. (C) Emission profile by capture and control device limitation. (D) Exemptions. 1 2 ( 1 ( 2 (iv) Test duration. (c) Initial compliance with process vent provisions. (1) Compliance with the process vent standards in § 63.1362(b) shall be demonstrated in accordance with the provisions specified in paragraphs (c)(1)(i) through (viii) of this section. (i) Initial compliance with the emission limit cutoffs in § 63.1362(b)(2)(i) and (b)(4)(i) is demonstrated when the uncontrolled organic HAP emissions from the sum of all process vents within a process are less than or equal to 0.15 Mg/yr. Uncontrolled HAP emissions shall be determined using the procedures described in paragraph (c)(2) of this section. (ii) Initial compliance with the emission limit cutoffs in § 63.1362(b)(3)(i) and (b)(5)(i) is demonstrated when the uncontrolled HCl and Cl 2 2 (iii) Initial compliance with the organic HAP percent reduction requirements specified in § 63.1362(b)(2)(ii), (iii), and (b)(4)(ii) is demonstrated by determining controlled HAP emissions using the procedures described in paragraph (c)(3) of this section, determining uncontrolled HAP emissions using the procedures described in paragraph (c)(2) of this section, and calculating the applicable percent reduction. As an alternative, if the conditions specified in paragraph (b)(11)(iii)(D)( 1 (iv) Initial compliance with the HCl and Cl 2 2 2 (v) Initial compliance with the outlet concentration limits in § 63.1362(b)(2)(iv)(A), (b)(3)(ii), (b)(4)(ii)(A), (b)(5)(ii) and (iii) is demonstrated when the outlet TOC or total organic HAP concentration is 20 ppmv or less and the outlet HCl and chlorine concentration is 20 ppmv or less. The owner or operator shall demonstrate compliance by fulfilling the requirements in paragraph (a)(6) of this section. If an owner or operator elects to develop an emissions profile by process as described in paragraph (b)(11)(iii)(A) of this section, uncontrolled emissions shall be determined using the procedures in paragraph (c)(2) of this section. (vi) Initial compliance with the alternative standard in § 63.1362(b)(6) is demonstrated by fulfilling the requirements in paragraph (a)(5) of this section. (vii) Initial compliance when using a flare is demonstrated by fulfilling the requirements in paragraph (a)(3) of this section. (viii) No initial compliance demonstration is required for control devices specified in § 63.1362(l). (2) Uncontrolled emissions. (i) Emission estimation procedures. (A) Individual HAP partial pressures in multicomponent systems shall be determined in accordance with the methods specified in paragraphs (c)(2)(i)(A)( 1 3 ( 1 ( 2 ( 3 3 i iii ( i ( ii ( iii (B) Charging or filling. Where: E = mass of HAP emitted P i V = volume of gas displaced from the vessel R = ideal gas law constant T = temperature of the vessel vapor space; absolute MW i (C) Purging. Where: E = mass of HAP emitted V = purge flow rate at the temperature and pressure of the vessel vapor space R = ideal gas law constant T = temperature of the vessel vapor space; absolute P i P j P T MW i t = time of purge n = number of HAP compounds in the emission stream m = number of condensable compounds (including HAP) in the emission stream. (D) Heating. 1 2 4 3 ( 1 ( i Where: E = mass of HAP vapor displaced from the vessel being heated (P i Tn Pa 1 Pa 2 ΔΗ = number of moles of noncondensable gas displaced, as calculated using Equation 12 of this subpart MW HAP n = number of HAP compounds in the displaced vapor ( ii Where: ΔΗ = number of moles of noncondensable gas displaced V = volume of free space in the vessel R = ideal gas law constant Pa 1 Pa 2 T 1 T 2 ( iii Where: Pa n P atm (P j Tn ( iv Where: MW HAP (P i Tn 1 2 MW i n = number of HAP compounds in the emission stream ( 2 2 i ii ( i 2 ( ii ( 3 ( 4 i 1 2 Where: E = mass of HAP vapor displaced from the vessel being heated N avg P T P i, 1 1 P i, 2 2 MW HAP n HAP, 1 1 n HAP, 2 2 m = number of HAP compounds in the emission stream. ( ii Where: N avg V = volume of free space in vessel P T R = ideal gas law constant T 1 T 2 ( iii Where: n HAP, 2 2 n HAP, 1 1 V = volume of free space in vessel R = ideal gas law constant T 1 T 2 P i, 1 1 P i, 2 2 n = number of HAP compounds in the emission stream. (E) Depressurization. 1 5 6 ( 1 Where: n HAP P i V = free volume in the vessel being depressurized R = ideal gas law constant T = absolute temperature in vessel n = number of HAP compounds in the emission stream ( 2 Where: n 1 n 2 V = free volume in the vessel being depressurized P nc1 P nc2 R = ideal gas law constant T = temperature, absolute ( 3 Where: P nc1 P nc2 P 1 P 2 P j x j m = number of condensable compounds (including HAP) in the emission stream. ( 4 Where: n HAP, e n HAP, 1 n HAP, 2 n 1 n 2 ( 5 Where: E = mass of HAP emitted n HAP, e MW HAP ( 6 Where: V = free volume in vessel being depressurized R = ideal gas law constant T = temperature of the vessel, absolute P 1 P 2 P i P j MW i n = number of HAP compounds in the emission stream m = number of condensable VOC compounds (including HAP) in the emission stream (F) Vacuum systems. Where: E = mass of HAP emitted P T P i P j La = total air leak rate in the system, mass/time MW nc t = time of vacuum operation MW HAP n = number of HAP components in the emission stream m = number of condensable compounds (including HAP) in the emission stream. (G) Gas evolution. Where: V = volumetric flow rate of gas evolution W g R = ideal gas law constant T = temperature at the exit, absolute P T MW g (H) Air drying. Where: E = mass of HAP emitted B = mass of dry solids PS 1 PS 2 (ii) Engineering assessments. (A) Test results, provided the tests are representative of current operating practices at the process unit. For process vents without variable emission stream characteristics, an engineering assessment based on the results of a previous test may be submitted in the Notification of Compliance Status report instead of the Precompliance plan. Results from a previous test of process vents with variable emission stream characteristics will be acceptable in place of values estimated using the procedures specified in paragraph (c)(2)(i) of this section if the test data show a greater than 20 percent discrepancy between the test value and the estimated value, and the results of the engineering assessment shall be included in the Notification of Compliance Status report. For other process vents with variable emission stream characteristics, engineering assessments based on the results of a previous test must be submitted in the Precompliance plan. For engineering assessments based on new tests, the owner or operator must comply with the test notification requirements in § 63.1368(m), and the results of the engineering assessment may be submitted in the Notification of Compliance Status report rather than the Precompliance plan. (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (C) Maximum flow rate, HAP emission rate, concentration, or other relevant parameter specified or implied within a permit limit applicable to the process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 (3) Controlled emissions. (i) Small control devices, except condensers. (A) Design evaluation. (B) Whenever a small control device becomes a large control device, the owner or operator must comply with the provisions in paragraph (c)(3)(ii) of this section and submit the test report in the next Periodic report. (ii) Large control devices, except condensers. (A) Performance test measurements shall be conducted at both the inlet and outlet of the control device for TOC, total organic HAP, and total HCl and chlorine, as applicable, using the test methods and procedures described in paragraph (b) of this section. Concentrations shall be calculated from the data obtained through emission testing according to the procedures in paragraph (a)(2) of this section. (B) Performance testing shall be conducted under absolute or hypothetical peak-case conditions, as defined in paragraphs (b)(11)(i) and (ii) of this section. (C) The owner or operator may elect to conduct more than one performance test on the control device for the purpose of establishing more than one operating condition at which the control device achieves the required control efficiency. (D) The owner or operator is not required to conduct a performance test for any control device for which a previous performance test was conducted, provided the test was conducted using the same procedures specified in paragraphs (b)(1) through (11) of this section over conditions typical of the absolute or hypothetical peak-case, as defined in paragraphs (b)(11)(i) and (ii) of this section. The results of the previous performance test shall be used to demonstrate compliance. (iii) Condensers. (A) Emissions from vapor displacement due to transfer of material to a vessel shall be calculated using Equation 9 of this subpart with T set equal to the temperature of the receiver and the HAP partial pressures determined at the temperature of the receiver. (B) Emissions from purging shall be calculated using Equation 10 of this subpart with T set equal to the temperature of the receiver and the HAP partial pressures determined at the temperature of the receiver. (C) Emissions from heating shall be calculated using Equation 29 of this subpart. In Equation 29 of this subpart, Δη is equal to the number of moles of noncondensable displaced from the vessel, as calculated using Equation 12 of this subpart. In Equation 29 of this subpart, the HAP average molecular weight shall be calculated using Equation 14 with the HAP partial pressures determined at the temperature of the receiver. Where: E = mass of HAP emitted Δη = moles of noncondensable gas displaced P T P i P j n = number of HAP compounds in the emission stream MW HAP m = number of condensable VOC (including HAP) in the emission stream (D)( 1 Where: E = mass of HAP vapor emitted V nc1 V nc2 P i P j P T T = temperature of the receiver, absolute R = ideal gas law constant MW HAP n = number of HAP compounds in the emission stream m = number of condensable VOC (including HAP) in the emission stream ( 2 Where: V nc1 V nc2 V = free volume in the vessel being depressurized P nc1 P nc2 P T ( 3 Where: P nc1 P nc2 P 1 P 2 P j m = number of condensable VOC (including HAP) in the emission stream (E) Emissions from vacuum systems shall be calculated using Equation 26 of this subpart. (F) Emissions from gas evolution shall be calculated using Equation 8 with V calculated using Equation 27 of this subpart, T set equal to the receiver temperature, and the HAP partial pressures determined at the receiver temperature. The term for time, t, in Equation 10 of this subpart is not needed for the purposes of this calculation. (G) Emissions from air drying shall be calculated using Equation 9 of this subpart with V equal to the air flow rate and P i (d) Initial compliance with storage vessel provisions. (1) Percent reduction requirement for control devices. (i) Performance test option. (A) At the reasonably expected maximum filling rate, Equations 35 and 36 of this subpart shall be used to calculate the mass rate of total organic HAP or TOC at the inlet and outlet of the control device. Where: C ij oj E i o M ij oj Q i o K 2 −6 −1 (B) The percent reduction in total organic HAP or TOC shall be calculated using Equation 37 of this subpart: Where: R = control efficiency of control device, percent E i E o (C) A performance test is not required to be conducted if the control device used to comply with § 63.1362(c) (storage tank provisions) is also used to comply with § 63.1362(b) (process vent provisions), provided compliance with § 63.1362(b) is demonstrated in accordance with paragraph (c) of this section and the demonstrated percent reduction is equal to or greater than 95 percent. (D) A performance test is not required for any control device for which a previous test was conducted, provided the test was conducted using the same procedures specified in paragraph (b) of this section. (ii) Design evaluation option. (2) Outlet concentration requirement for control devices. (3) Floating roof. (i) Comply with § 63.119(b), (c), or (d) of subpart G of this part, as applicable, with the differences specified in § 63.1362(d)(2)(i) through (iii). (ii) Comply with the procedures described in § 63.120(a), (b), or (c), as applicable, with the differences specified in paragraphs (d)(3)(ii)(A) through (C) of this section. (A) When the term “storage vessel” is used in § 63.120, the definition of the term “storage vessel” in § 63.1361 shall apply for the purposes of this subpart. (B) When the phrase “the compliance date specified in § 63.100 of subpart F of this part” is referred to in § 63.120, the phrase “the compliance date specified in § 63.1364” shall apply for the purposes of this subpart. (C) When the phrase “the maximum true vapor pressure of the total organic HAP in the stored liquid falls below the values defining Group 1 storage vessels specified in Table 5 or Table 6 of this subpart” is referred to in § 63.120(b)(1)(iv), the phrase “the maximum true vapor pressure of the total organic HAP in the stored liquid falls below the values defining Group 1 storage vessels specified in § 63.1361” shall apply for the purposes of this subpart. (4) Flares. (5) Exemptions from initial compliance. (6) Initial compliance with alternative standard. (7) Planned routine maintenance. (e) Initial compliance with wastewater provisions. (f) Initial compliance with the bag dump and product dryer provisions. (g) Initial compliance with the pollution prevention alternative standard. (1) Demonstration summary. (i) Descriptions of the methodologies and forms used to measure and record consumption of HAP and VOC compounds. (ii) Descriptions of the methodologies and forms used to measure and record production of the product(s). (iii) Supporting documentation for the descriptions provided in accordance with paragraphs (g)(1)(i) and (ii) of this section including, but not limited to, operator log sheets and copies of daily, monthly, and annual inventories of materials and products. The owner or operator must show how this documentation will be used to calculate the annual factors required in § 63.1366(f)(1). (2) Baseline factors. (3) Target annual factors. (i) To demonstrate initial compliance with § 63.1362(g)(2), the target annual HAP factor must be equal to or less than 15 percent of the baseline HAP factor. For each reduction in a HAP that is also a VOC, the target annual VOC factor must be lower than the baseline VOC factor by an equivalent amount on a mass basis. For each reduction in a HAP that is not a VOC, the target annual factor must be equal to or less than the baseline VOC factor. (ii) To demonstrate initial compliance with § 63.1362(g)(3)(i), the target annual HAP and VOC factors must be calculated as specified in paragraph (g)(3)(i) of this section, except that when “15 percent” is referred to in paragraph (g)(3)(i) of this section, “50 percent” shall apply for the purposes of this paragraph. (4) Requirements for add-on control devices. (i) The yearly reductions associated with add-on controls that meet the criteria of § 63.1362(g)(3)(ii)(A) through (D), must be equal to or greater than the amounts calculated using Equations 38 and 39 of this subpart: Where: HAP reduced HF base R P2 P2 VOC reduced VF base VF P2 VF annual M prod (ii) Demonstration that the criteria in § 63.1362(g)(3)(ii)(A) through (D) are met shall be accomplished through a description of the control device and of the material streams entering and exiting the control device. (iii) The annual reduction achieved by the add-on control shall be quantified using the methods described in paragraph (c) of this section. (h) Compliance with emissions averaging provisions. (1) The owner or operator shall develop and submit for approval an Emissions Averaging Plan containing all the information required in § 63.1367(d). The Emissions Averaging Plan shall be submitted no later than 18 months prior to the compliance date of the standard. The Administrator shall determine within 120 calendar days whether the Emissions Averaging Plan submitted by sources using emissions averaging presents sufficient information. The Administrator shall either approve the Emissions Averaging Plan, request changes, or request that the owner or operator submit additional information. Once the Administrator receives sufficient information, the Administrator shall approve, disapprove, or request changes to the plan within 120 days. If the Emissions Averaging Plan is disapproved, the owner or operator must still be in compliance with the standard by the compliance date. (2) For all points included in an emissions average, the owner or operator shall comply with the procedures that are specified in paragraphs (h)(2)(i) through (v) of this section. (i) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the standard for those emission points. Equations in paragraph (h)(5) of this section shall be used to calculate debits. (ii) Calculate and record monthly credits for all Group 1 and Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph (h)(6) of this section shall be used to calculate credits. All process vent, storage vessel, and wastewater emission points except those specified in § 63.1362(h)(1) through (6) may be included in the credit calculation. (iii) Demonstrate that annual credits calculated according to paragraph (h)(6) of this section are greater than or equal to debits calculated according to paragraph (h)(5) of this section for the same annual compliance period. The initial demonstration in the Emissions Averaging Plan or operating permit application that credit-generating emission points will be capable of generating sufficient credits to offset the debit-generating emission points shall be made under representative operating conditions. After the compliance date, actual operating data shall be used for all debit and credit calculations. (iv) Demonstrate that debits calculated for a quarterly (3-month) period according to paragraph (h)(5) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph (h)(6) of this section. Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis. (v) Record and report quarterly and annual credits and debits as required in §§ 63.1367(d) and 63.1368(d). (3) [Reserved] (4) During periods of monitoring excursions, credits and debits shall be adjusted as specified in paragraphs (h)(4)(i) through (iii) of this section. (i) No credits shall be assigned to the credit-generating emission point. (ii) Maximum debits shall be assigned to the debit-generating emission point. (iii) The owner or operator may demonstrate to the Administrator that full or partial credits or debits should be assigned using the procedures in § 63.150(l) of subpart G of this part. (5) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is uncontrolled or controlled to a level less stringent than the applicable standard and the emissions allowed for the Group 1 emission point. Debits shall be calculated in accordance with the procedures specified in paragraphs (h)(5)(i) through (iv) of this section. (i) Source-wide debits shall be calculated using Equation 40 of this subpart. Debits and all terms of Equation 40 of this subpart are in units of Mg/month Where: EPV iU EPV iA iA ES iU ES iA iA EWW iC iC EWW iA iA n = the number of emission points being included in the emissions average; the value of n is not necessarily the same for process vents, storage tanks, and wastewater (ii) Emissions from process vents shall be calculated in accordance with the procedures specified in paragraphs (h)(5)(ii)(A) through (C) of this section. (A) Except as provided in paragraph (h)(5)(ii)(C) of this section, uncontrolled emissions for process vents shall be calculated using the procedures that are specified in paragraph (c)(2) of this section. (B) Except as provided in paragraph (h)(5)(ii)(C) of this section, actual emissions for process vents shall be calculated using the procedures specified in paragraphs (c)(2) and (c)(3) of this section, as applicable. (C) As an alternative to the procedures described in paragraphs (h)(5)(ii)(A) and (B) of this section, for continuous processes, uncontrolled and actual emissions may be calculated by the procedures described in § 63.150(g)(2) of subpart G of this part. For purposes of complying with this paragraph, a 90 percent reduction shall apply instead of the 98 percent reduction in § 63.150(g)(2)(iii) of subpart G of this part, and the term “process condenser” shall apply instead of the term “recovery device” in § 63.150(g)(2) for the purposes of this subpart. (iii) Uncontrolled emissions from storage vessels shall be calculated in accordance with the procedures described in paragraph (d)(1) of this section. Actual emissions from storage vessels shall be calculated using the procedures specified in § 63.150(g)(3)(ii), (iii), or (iv) of subpart G of this subpart, as appropriate, except that when § 63.150(g)(3)(ii)(B) refers to the procedures in § 63.120(d) for determining percent reduction for a control device, § 63.1365(d)(2) or (3) shall apply for the purposes of this subpart. (iv) Emissions from wastewater shall be calculated using the procedures specified in § 63.150(g)(5) of subpart G of this part. (6) Credits are generated by the difference between emissions that are allowed for each Group 1 and Group 2 emission point and the actual emissions from that Group 1 or Group 2 emission point that have been controlled after November 15, 1990 to a level more stringent than what is required in this subpart or any other State or Federal rule or statute. Credits shall be calculated in accordance with the procedures specified in paragraphs (h)(6)(i) through (v) of this section. (i) Source-wide credits shall be calculated using Equation 41 of this subpart. Credits and all terms in Equation 41 of this subpart are in units of Mg/month, the baseline date is November 15, 1990, the terms consisting of a constant multiplied by the uncontrolled emissions are the emissions from each emission point subject to the standards in § 63.1362(b) and (c) that is controlled to a level more stringent than the standard. Where: EPV1 iU EPV1 iA iA EPV2 iB iB EPV2 iA iA ES1 iU ES1 iA iA ES2 iB iB ES2 iA iA EWW1 iC iC EWW1 iA iA EWW2 iB iB EWW2 iA iA n = number of Group 1 emission points that are included in the emissions average. The value of n is not necessarily the same for process vents, storage tanks, and wastewater m = number of Group 2 emission points included in the emissions average. The value of m is not necessarily the same for process vents, storage tanks, and wastewater D = discount factor equal to 0.9 for all credit-generating emission points except those controlled by a pollution prevention measure, which will not be discounted (ii) For an emission point controlled using a pollution prevention measure, the nominal efficiency for calculating credits shall be as determined as described in § 63.150(j) of subpart G of this part. (iii) Emissions from process vents shall be calculated in accordance with the procedures specified in paragraphs (h)(6)(iii)(A) through (C) of this section. (A) Uncontrolled emissions from Group 1 process vents shall be calculated according to the procedures in paragraph (h)(5)(ii)(A) or (C) of this section. (B) Actual emissions from Group 1 process vents with a nominal efficiency greater than the applicable standard or a pollution prevention measure that achieves reductions greater than the applicable standard shall be calculated using Equation 42 of this subpart: Where: EPV1 iA EPV1 iU N eff (C) Baseline and actual emissions from Group 2 process vents shall be calculated according to the procedures in § 63.150(h)(2)(iii) and (iv) with the following modifications: ( 1 ( 2 (iv) Uncontrolled emissions from storage vessels shall be calculated according to the procedures described in paragraph (d)(1) of this section. Actual and baseline emissions from storage tanks shall be calculated according to the procedures specified in § 63.150(h)(3) of subpart G of this part, except when § 63.150(h)(3) refers to § 63.150(g)(3)(i), paragraph (d)(1) of this section shall apply for the purposes of this subpart. (v) Emissions from wastewater shall be calculated using the procedures in § 63.150(h)(5) of subpart G of this part. [64 FR 33589, June 23, 1999, as amended at 67 FR 59347, Sept. 20, 2002; 79 FR 17374, Mar. 27, 2014] § 63.1366 Monitoring and inspection requirements. (a) To provide evidence of continued compliance with the standard, the owner or operator of any existing or new affected source shall install, operate, and maintain monitoring devices as specified in this section. During the initial compliance demonstration, maximum or minimum operating parameter levels, or other design and operating characteristics, as appropriate, shall be established for emission sources that will indicate the source is in compliance. Test data, calculations, or information from the evaluation of the control device design, as applicable, shall be used to establish the operating parameter level or characteristic. (b) Monitoring for control devices Parameters to monitor. (i) Periodic verification. (ii) Scrubbers. (A) The monitoring device used to determine the pressure drop shall be certified by the manufacturer to be accurate to within a gage pressure of ±10 percent of the maximum pressure drop measured. (B) The monitoring device used for measurement of scrubber liquid flowrate shall be certified by the manufacturer to be accurate to within ±10 percent of the design scrubber liquid flowrate. (C) The monitoring device shall be calibrated annually. (iii) Condensers. (A) The temperature monitoring device must be accurate to within ±2 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The temperature monitoring device must be calibrated annually. (iv) Regenerative carbon adsorbers. (A) Establish the regeneration cycle characteristics specified in paragraphs (b)(1)(iv)(A) ( 1 4 ( 1 ( 2 ( 3 ( 4 (B) Monitor and record the regeneration cycle characteristics specified in paragraphs (b)(1)(iv)(B) ( 1 4 ( 1 ( 2 ( 3 ( 4 (C) Use a temperature monitoring device that is accurate to within ±2 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (D) Use a regeneration stream flow monitoring device capable of recording the total regeneration stream flow to within ±10 percent of the established value (i.e., accurate to within ±10 percent of the reading). (E) Calibrate the temperature and flow monitoring devices annually. (F) Conduct an annual check for bed poisoning in accordance with manufacturer's specifications. (v) Nonregenerative carbon adsorbers. (A) Monitor the TOC concentration level in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity under absolute or hypothetical peak-case conditions as defined in § 63.1365(b)(11)(i) or (ii), whichever is longer. (B) Establish the maximum time interval between replacement, and replace the existing carbon before this time interval elapses. The time interval shall be established based on the conditions anticipated under absolute or hypothetical peak-case, as defined in § 63.1365(b)(11)(i) or (ii). (vi) Flares. (vii) Thermal incinerators. (A) The temperature monitoring device must be accurate to within ±0.75 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The monitoring device must be calibrated annually. (viii) Catalytic incinerators. (A) The temperature monitoring devices must be accurate to within ±0.75 percent of the temperature measured in degrees Celsius or ±2.5 °C, whichever is greater. (B) The temperature monitoring devices must be calibrated annually. (ix) Process heaters and boilers. ( 1 ( 2 (B) The owner or operator is exempt from the monitoring requirements specified in paragraph (b)(1)(ix)(A) of this section if either: ( 1 ( 2 (x) Continuous emission monitor. (xi) Fabric filters. (A) The bag leak detection system sensor must provide output of relative particulate matter emissions. (B) The bag leak detection system must be equipped with an alarm system that will sound when an increase in particulate matter emissions over a preset level is detected. (C) For positive pressure fabric filters, a bag leak detector must be installed in each fabric filter compartment or cell. If a negative pressure or induced air filter is used, the bag leak detector must be installed downstream of the fabric filter. Where multiple bag leak detectors are required (for either type of fabric filter), the system instrumentation and alarm may be shared among detectors. (D) The bag leak detection system shall be installed, operated, calibrated and maintained in a manner consistent with available guidance from the U.S. Environmental Protection Agency or, in the absence of such guidance, the manufacturer's written specifications and instructions. (E) Calibration of the system shall, at a minimum, consist of establishing the relative baseline output level by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time. (F) Following initial adjustment, the owner or operator shall not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as established in an operation and maintenance plan that is to be submitted with the Precompliance plan. In no event shall the sensitivity be increased more than 100 percent or decreased by more than 50 percent over a 365-day period unless such adjustment follows a complete baghouse inspection which demonstrates the baghouse is in good operating condition. (G) If the alarm on a bag leak detection system is triggered, the owner or operator shall, within 1 hour of an alarm, initiate the procedures to identify the cause of the alarm and take corrective action as specified in the corrective action plan. (xii) For each waste management unit, treatment process, or control device used to comply with § 63.1362(d), the owner or operator shall comply with the procedures specified in § 63.143 of subpart G of this part, except that when the procedures to request approval to monitor alternative parameters according to the procedures in § 63.151(f) are referred to in § 63.143(d)(3), the procedures in paragraph (b)(4) of this section shall apply for the purposes of this subpart. (xiii) Closed-vent system visual inspections. (A) Set the flow indicator at the entrance to any bypass line that could divert the stream away from the control device to the atmosphere to take a reading at least once every 15 minutes; or (B) If the bypass device valve installed at the inlet to the bypass device is secured in the closed position with a car-seal or lock-and-key type configuration, visually inspect the seal or closure mechanism at least once every month to verify that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line. (2) Averaging periods. (i) Except as provided in paragraph (b)(2)(iii) of this section, a daily (24-hour) or block average shall be calculated as the average of all values for a monitored parameter level set according to the procedures in (b)(3)(iii) of this section recorded during the operating day or block. (ii) The operating day or block shall be defined in the Notification of Compliance Status report. The operating day may be from midnight to midnight or another continuous 24-hour period. The operating block may be used as an averaging period only for vents from batch operations, and is limited to a period of time that is, at a maximum, equal to the time from the beginning to end of a series of consecutive batch operations. (iii) Monitoring values taken during periods in which the control devices are not controlling HAP from an emission stream subject to the standards in § 63.1362, as indicated by periods of no flow or periods when only streams that are not subject to the standards in § 63.1362 are controlled, shall not be considered in the averages. Where flow to the device could be intermittent, the owner or operator shall install, calibrate and operate a flow indicator at the inlet or outlet of the control device to identify periods of no flow. (3) Procedures for setting parameter levels for control devices used to control emissions from process vents. Small control devices. (ii) Large control devices. (A) If the operating parameter level to be established is a maximum or minimum, it must be based on the average of the average values from each of the three test runs. (B) The owner or operator may establish the parametric monitoring level(s) based on the performance test supplemented by engineering assessments and/or manufacturer's recommendations. Performance testing is not required to be conducted over the entire range of expected parameter values. The rationale for the specific level for each parameter, including any data and calculations used to develop the level(s) and a description of why the level indicates proper operation of the control device shall be provided in the Precompliance plan. Determination of the parametric monitoring level using these procedures is subject to review and approval by the Administrator. (iii) Parameter levels for control devices controlling batch process vents. (A) A single level for the batch process(es) shall be calculated from the initial compliance demonstration. (B) The owner or operator may establish separate levels for each batch emission episode or combination of emission episodes selected to be controlled. If separate monitoring levels are established, the owner or operator must provide a record indicating at what point in the daily schedule or log of processes required to be recorded per the requirements of § 63.1367(b)(7), the parameter being monitored changes levels and must record at least one reading of the new parameter level, even if the duration of monitoring for the new parameter level is less than 15 minutes. (4) Requesting approval to monitor alternative parameters. (5) Monitoring for the alternative standards. (ii) If supplemental gases are introduced before the control device, the owner or operator must either correct for supplemental gases as specified in § 63.1365(a)(7) or, if using a combustion control device, comply with the requirements of paragraph (b)(5)(ii)(A) of this section. If the owner or operator corrects for supplemental gases as specified in § 63.1365(a)(7)(ii) for non-combustion control devices, the flow rates must be evaluated as specified in paragraph (b)(5)(ii)(B) of this section. (A) Provisions for combustion devices. 1 2 ( 1 ( 2 (B) Flow rate evaluation for non-combustion devices. s a (6) Exceedances of operating parameters. (i) If the parameter level, averaged over the operating day or block, is below a minimum value established during the initial compliance demonstration. (ii) If the parameter level, averaged over the operating day or block, is above the maximum value established during the initial compliance demonstration. (iii) A loss of all pilot flames for a flare during an operating day or block. Multiple losses of all pilot flames during an operating day constitutes one exceedance. (iv) Each operating day or block for which the time interval between replacement of a nonregenerative carbon adsorber exceeds the interval established in paragraph (b)(1)(v) of this section. (v) Each instance in which procedures to initiate the response to a bag leak detector alarm within 1 hour of the alarm as specified in the corrective action plan. (7) Excursions. (i) When the period of control device operation is 4 hours or greater in an operating day or block and monitoring data are insufficient to constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of this section, for at least 75 percent of the operating hours. (ii) When the period of control device operation is less than 4 hours in an operating day or block and more than 1 of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data. (iii) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (b)(7)(i) and (ii) of this section, if measured values are unavailable for any of the required 15-minute periods within the hour. (8) Violations. (i) For episodes occurring more than once per day, exceedances of established parameter limits or excursions will result in no more than one violation per operating day for each monitored item of equipment utilized in the process. (ii) For control devices used for more than one process in the course of an operating day, exceedances or excursions will result in no more than one violation per operating day, per control device, for each process for which the control device is in service. (iii) Exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged over the operating day, will result in no more than one violation per day per control device. Exceedances of the 20 or 50 ppmv HCl and chlorine outlet emission limit, averaged over the operating day, will result in no more than one violation per day per control device. (c) Monitoring for uncontrolled emission rates. (d) Monitoring for equipment leaks. (e) Monitoring for heat exchanger systems. (f) Monitoring for the pollution prevention alternative standard. (1) Annual factors. (i) The consumption of both total HAP and total VOC shall be divided by the production rate, per process, for 12-month periods at the frequency specified in either paragraph (f)(1) (ii) or (iii) of this section, as applicable. (ii) For continuous processes, the annual factors shall be calculated every 30 days for the 12-month period preceding the 30th day (annual rolling average calculated every 30 days). A process with both batch and continuous operations is considered a continuous process for the purposes of this section. (iii) For batch processes, the annual factors shall be calculated every 10 batches for the 12-month period preceding the 10th batch (annual rolling average calculated every 10 batches). Additional annual factors shall be calculated every 12 months during the period before the 10th batch if more than 12 months elapse before the 10th batch is produced. (2) Violations. (g) Monitoring for emissions averaging. (h) Leak inspection provisions for vapor suppression equipment. (2) Except as provided in paragraphs (h)(6) and (7) of this section, each vapor collection system and closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (h)(2)(i) and (ii) of this section and each fixed roof, cover, and enclosure shall be inspected according to the procedures and schedule specified in paragraph (h)(2)(iii) of this section. (i) If the vapor collection system or closed-vent system is constructed of hard-piping, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, and (B) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (ii) If the vapor collection system or closed-vent system is constructed of ductwork, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, (B) Conduct annual inspections according to the procedures in paragraph (h)(3) of this section, and (C) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (iii) For each fixed roof, cover, and enclosure, the owner or operator shall: (A) Conduct an initial inspection according to the procedures in paragraph (h)(3) of this section, and (B) Conduct semiannual visual inspections for visible, audible, or olfactory indications of leaks. (3) Each vapor collection system, closed-vent system, fixed roof, cover, and enclosure shall be inspected according to the procedures specified in paragraphs (h)(3)(i) through (vi) of this section. (i) Inspections shall be conducted in accordance with Method 21 of 40 CFR part 60, appendix A. (ii) Detection instrument performance criteria. (B) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (h)(3)(ii)(A) of this section, the instrument readings may be adjusted by multiplying by the average response factor of the process fluid, calculated on an inert-free basis as described in paragraph (h)(3)(ii)(A) of this section. (iii) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A. (iv) Calibration gases shall be as follows: (A) Zero air (less than 10 parts per million hydrocarbon in air); and (B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (h)(2)(ii)(A) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (v) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects to not adjust readings for background, all such instrument readings shall be compared directly to the applicable leak definition to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in § 63.180(b) and (c). The owner or operator shall subtract background reading from the maximum concentration indicated by the instrument. (vi) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining compliance. (4) Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (h)(5) of this section. (i) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (ii) Repair shall be completed no later than 15 calendar days after the leak is detected. (5) Delay of repair of a vapor collection system, closed-vent system, fixed roof, cover, or enclosure for which leaks have been detected is allowed if the repair is technically infeasible without a shutdown, as defined in § 63.1361, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next shutdown. (6) Any parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated, as described in § 63.1367(f)(1), as unsafe-to-inspect are exempt from the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of this section if: (i) The owner or operator determines that the equipment is unsafe-to-inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (h)(2)(i), (ii), or (iii) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times. Inspection is not required more than once annually. (7) Any parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated, as described in § 63.1367(f)(2), as difficult-to-inspect are exempt from the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii)(A) of this section if: (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (8) Records shall be maintained as specified in § 63.1367(f). (9) If a closed-vent system subject to this section is also subject to the equipment leak provisions of § 63.1363, the owner or operator shall comply with the provisions of § 63.1363 and is exempt from the requirements of this section. (10) For any closed-vent system that is operated and maintained under negative pressure, the owner or operator is not required to comply with the requirements specified in paragraphs (h)(2) through (8) of this section. [64 FR 33589, June 23, 1999, as amended at 67 FR 59352, Sept. 20, 2002; 68 FR 37358, June 23, 2003; 71 FR 20460, Apr. 20, 2006; 79 FR 17374, Mar. 27, 2014] § 63.1367 Recordkeeping requirements. (a) Requirements of subpart A of this part. (1) Data retention. (2) Records of applicability determinations. (3) Records of malfunctions. (ii) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (iii) Record actions taken to minimize emissions in accordance with § 63.1360(e)(4), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (4) Recordkeeping requirements for sources with continuous monitoring systems. (5) Application for approval of construction or reconstruction. (b) Records of equipment operation. (1) Each measurement of a control device operating parameter monitored in accordance with § 63.1366 and each measurement of a treatment process parameter monitored in accordance with the provisions of § 63.1362(d). (2) For processes subject to § 63.1362(g), records of consumption, production, and the rolling average values of the HAP and VOC factors. (3) For each continuous monitoring system used to comply with the alternative standards in § 63.1362(b)(6) and (c)(4), records documenting the completion of calibration checks and maintenance of the continuous monitoring systems. (4) For processes in compliance with the 0.15 Mg/yr emission limit of § 63.1362(b)(2)(i) or (b)(4)(i), daily records of the rolling annual calculations of uncontrolled emissions. (5) For each bag leak detector used to monitor particulate HAP emissions from a fabric filter, the owner or operator shall maintain records of any bag leak detection alarm, including the date and time, with a brief explanation of the cause of the alarm and the corrective action taken. (6) The owner or operator of an affected source that complies with the standards for process vents, storage tanks, and wastewater systems shall maintain up-to-date, readily accessible records of the information specified in paragraphs (b)(6)(i) through (vii) of this section to document that HAP emissions or HAP loadings (for wastewater) are below the limits specified in § 63.1362: (i) Except as specified in paragraph (b)(6)(ix) of this section, the initial calculations of uncontrolled and controlled emissions of gaseous organic HAP and HCl per batch for each process. (ii) The wastewater concentrations and flow rates per POD and process. (iii) The number of batches per year for each batch process. (iv) The operating hours per year for continuous processes. (v) The number of batches and the number of operating hours for processes that contain both batch and continuous operations. (vi) The number of tank turnovers per year, if used in an emissions average or for determining applicability of a new PAI process unit. (vii) A description of absolute or hypothetical peak-case operating conditions as determined using the procedures in § 63.1365(b)(11). (viii) Periods of planned routine maintenance as described in § 63.1362(c)(5). (ix) As an alternative to the records in paragraph (b)(6)(i) of this section, a record of the determination that the conditions in § 63.1365(b)(11)(iii)(D)( 1 2 (7) Daily schedule or log of each operating scenario updated daily or, at a minimum, each time a different operating scenario is put into operation. (8) If the owner or operator elects to comply with the vapor balancing alternative in § 63.1362(c)(6), the owner or operator must keep records of the DOT certification required by § 63.1362(c)(6)(ii) and the pressure relief vent setting and leak detection records specified in § 63.1362(c)(6)(v). (9) If the owner or operator elects to develop process unit groups, the owner or operator must keep records of the PAI and non-PAI process units in the process unit group, including records of the operating time for process units used to establish the process unit group. The owner or operator must also keep records of any redetermination of the primary product for the process unit group. (10) All maintenance performed on the air pollution control equipment. (11) If the owner or operator elects to comply with § 63.1362(c) by installing a floating roof, the owner or operator must keep records of each inspection and seal gap measurement in accordance with § 63.123(c) through (e) as applicable. (c) Records of equipment leak detection and repair. (d) Records of emissions averaging. (1) An Emissions Averaging Plan which shall include in the plan, for all emission points included in each of the emissions averages, the information listed in paragraphs (d)(1)(i) through (v) of this section. (i) The identification of all emission points in each emissions average. (ii) The values of all parameters needed for input to the emission debits and credits equations in § 63.1365(h). (iii) The calculations used to obtain the debits and credits. (iv) The estimated values for all parameters required to be monitored under § 63.1366(g) for each emission point included in an average. These parameter values, or as appropriate, limited ranges for parameter values, shall be specified as enforceable operating conditions for the operation of the process, storage vessel, or waste management unit, as appropriate. Changes to the parameters must be reported as required by § 63.1368(k). (v) A statement that the compliance demonstration, monitoring, inspection, recordkeeping and reporting provisions in §§ 63.1365(h), 63.1366(g), and 63.1368(k) that are applicable to each emission point in the emissions average will be implemented beginning on the date of compliance. (2) The Emissions Averaging Plan shall demonstrate that the emissions from the emission points proposed to be included in the average will not result in greater hazard or, at the option of the operating permit authority, greater risk to human health or the environment than if the emission points were controlled according to the provisions in § 63.1362(b) through (d). (i) This demonstration of hazard or risk equivalency shall be made to the satisfaction of the operating permit authority. (A) The Administrator may require an owner or operator to use specific methodologies and procedures for making a hazard or risk determination. (B) The demonstration and approval of hazard or risk equivalency shall be made according to any guidance that the Administrator makes available for use or any other technically sound information or methods. (ii) An Emissions Averaging Plan that does not demonstrate hazard or risk equivalency to the satisfaction of the Administrator shall not be approved. The Administrator may require such adjustments to the Emissions Averaging Plan as are necessary in order to ensure that the average will not result in greater hazard or risk to human health or the environment than would result if the emission points were controlled according to § 63.1362(b) through (d). (iii) A hazard or risk equivalency demonstration must satisfy the requirements specified in paragraphs (d)(2)(iii) (A) through (C) of this section. (A) Be a quantitative, comparative chemical hazard or risk assessment; (B) Account for differences between averaging and nonaveraging options in chemical hazard or risk to human health or the environment; and (C) Meet any requirements set by the Administrator for such demonstrations. (3) Records as specified in paragraphs (a) and (b) of this section. (4) A calculation of the debits and credits as specified in § 63.1365(h) for the last quarter and the prior four quarters. (e) The owner or operator of an affected source subject to the requirements for heat exchanger systems in § 63.1362(g) shall retain the records as specified in § 63.104(f)(1)(i) through (iv). (f) Records of inspections. (1) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as unsafe to inspect in accordance with § 63.1366(h)(6), an explanation of why the equipment is unsafe-to-inspect, and the plan for inspecting the equipment. (2) Records identifying all parts of the vapor collection system, closed-vent system, fixed roof, cover, or enclosure that are designated as difficult-to-inspect in accordance with § 63.1366(h)(7), an explanation of why the equipment is difficult-to-inspect, and the plan for inspecting the equipment. (3) For each vapor collection system or closed-vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (f)(3)(i) or (ii) of this section. (i) Hourly records of whether the flow indicator specified under § 63.1362(j)(1) was operating and whether a diversion was detected at any time during the hour, as well as records of the times and durations of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (ii) Where a seal mechanism is used to comply with § 63.1362(j)(2), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has broken. (4) For each inspection conducted in accordance with § 63.1366(h)(2) and (3) during which a leak is detected, a record of the information specified in paragraphs (f)(4)(i) through (ix) of this section. (i) Identification of the leaking equipment. (ii) The instrument identification numbers and operator name or initials, if the leak was detected using the procedures described in § 63.1366(h)(3); or a record of that the leak was detected by sensory observations. (iii) The date the leak was detected and the date of the first attempt to repair the leak. (iv) Maximum instrument reading measured by the method specified in § 63.1366(h)(4) after the leak is successfully repaired or determined to be nonrepairable. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. (vi) The name, initials, or other form of identification of the owner or operator (or designee) whose decision it was that repair could not be effected without a shutdown. (vii) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days. (viii) Dates of shutdowns that occur while the equipment is unrepaired. (ix) The date of successful repair of the leak. (5) For each inspection conducted in accordance with § 63.1366(h)(3) during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (6) For each visual inspection conducted in accordance with § 63.1366(h)(2)(i)(B) or (iii)(B) of this section during which no leaks are detected, a record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (g) Records of primary use. [64 FR 33589, June 23, 1999, as amended at 67 FR 59353, Sept. 20, 2002; 71 FR 20460, Apr. 20, 2006; 79 FR 17374, Mar. 27, 2014] § 63.1368 Reporting requirements. (a) The owner or operator of an affected source shall comply with the reporting requirements of paragraphs (b) through (l) of this section. The owner or operator shall also comply with applicable paragraphs of §§ 63.9 and 63.10 of subpart A of this part, as specified in Table 1 of this subpart. (b) Initial notification. (c) Application for approval of construction or reconstruction. (d) Notification of continuous monitoring system performance evaluation. (e) Precompliance plan. (1) Requests for approval to use alternative monitoring parameters or requests to set monitoring parameters according to § 63.1366(b)(4). (2) Descriptions of the daily or per batch demonstrations to verify that control devices subject to § 63.1366(b)(1)(i) are operating as designed. (3) Data and rationale used to support the parametric monitoring level(s) that are set according to § 63.1366(b)(3)(ii)(B). (4) For owners and operators complying with the requirements of § 63.1362(g), the pollution prevention demonstration summary required in § 63.1365(g)(1). (5) Data and rationale used to support an engineering assessment to calculate uncontrolled emissions from process vents as required in § 63.1365(c)(2)(ii). (6) For fabric filters that are monitored with bag leak detectors, an operation and maintenance plan that describes proper operation and maintenance procedures, and a corrective action plan that describes corrective actions to be taken, and the timing of those actions, when the particulate matter concentration exceeds the setpoint and activates the alarm. (f) Notification of compliance status report. (1) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify HAP emissions from the affected source. (2) The results of emissions profiles, performance tests, engineering analyses, design evaluations, or calculations used to demonstrate compliance. For performance tests, results should include descriptions of sampling and analysis procedures and quality assurance procedures. (3) Descriptions of monitoring devices, monitoring frequencies, and the values of monitored parameters established during the initial compliance determinations, including data and calculations to support the levels established. (4) Operating scenarios. (5) Descriptions of absolute or hypothetical peak-case operating and/or testing conditions for control devices. (6) Identification of emission points subject to overlapping requirements described in § 63.1360(i) and the authority under which the owner or operator will comply, and identification of emission sources discharging to devices described by § 63.1362(l). (7) Anticipated periods of planned routine maintenance during which the owner or operator would not be in compliance with the provisions in § 63.1362(c)(1) through (4). (8) Percentage of total production from a PAI process unit that is anticipated to be produced for use as a PAI in the 3 years after either June 23, 1999 or startup, whichever is later. (9) Records of the initial process units used to create each process unit group, if applicable. (g) Periodic reports. (1) Submittal schedule. (i) The Administrator may determine on a case-by-case basis that more frequent reporting is necessary to accurately assess the compliance status of the affected source. (ii) Quarterly reports shall be submitted when the monitoring data are used to comply with the alternative standards in § 63.1362(b)(6) or (c)(4) and the source experiences excess emissions. Once an affected source reports excess emissions, the affected source shall follow a quarterly reporting format until a request to reduce reporting frequency is approved. If an owner or operator submits a request to reduce the frequency of reporting, the provisions in § 63.10(e)(3) (ii) and (iii) of subpart A of this part shall apply, except that the term “excess emissions and continuous monitoring system performance report and/or summary report” shall mean “Periodic report” for the purposes of this section. (2) Content of periodic report. (i) Each Periodic report must include the information in § 63.10(e)(3)(vi)(A) through (M) of subpart A of this part, as applicable. (ii) If the total duration of excess emissions, parameter exceedances, or excursions for the reporting period is 1 percent or greater of the total operating time for the reporting period, or the total continuous monitoring system downtime for the reporting period is 5 percent or greater of the total operating time for the reporting period, the Periodic report must include the information in paragraphs (g)(2)(ii)(A) through (D) of this section. (A) Monitoring data, including 15-minute monitoring values as well as daily average values of monitored parameters, for all operating days when the average values were outside the ranges established in the Notification of Compliance Status report or operating permit. (B) Duration of excursions, as defined in § 63.1366(b)(7). (C) Operating logs and operating scenarios for all operating days when the values are outside the levels established in the Notification of Compliance Status report or operating permit. (D) When a continuous monitoring system is used, the information required in § 63.10(c)(5) through (13) of subpart A of this part. (iii) For each vapor collection system or closed vent system with a bypass line subject to § 63.1362(j)(1), records required under § 63.1366(f) of all periods when the vent stream is diverted from the control device through a bypass line. For each vapor collection system or closed vent system with a bypass line subject to § 63.1362(j)(2), records required under § 63.1366(f) of all periods in which the seal mechanism is broken, the bypass valve position has changed, or the key to unlock the bypass line valve was checked out. (iv) The information in paragraphs (g)(2)(iv)(A) through (D) of this section shall be stated in the Periodic report, when applicable. (A) No excess emissions. (B) No exceedances of a parameter. (C) No excursions. (D) No continuous monitoring system has been inoperative, out of control, repaired, or adjusted. (v) For each storage vessel subject to control requirements: (A) Actual periods of planned routine maintenance during the reporting period in which the control device does not meet the specifications of § 63.1362(c)(5); and (B) Anticipated periods of planned routine maintenance for the next reporting period. (vi) For each PAI process unit that does not meet the definition of primary use, the percentage of the production in the reporting period produced for use as a PAI. (viii) Updates to the corrective action plan. (ix) Records of process units added to each process unit group, if applicable. (x) Records of redetermination of the primary product for a process unit group. (xi) For each inspection conducted in accordance with § 63.1366(h)(2) or (3) during which a leak is detected, the records specify in § 63.1367(h)(4) must be included in the next Periodic report. (xii) If the owner or operator elects to comply with the provisions of § 63.1362(c) by installing a floating roof, the owner or operator shall submit the information specified in § 63.122(d) through (f) as applicable. References to § 63.152 in § 63.122 shall not apply for the purposes of this subpart. (h) Notification of process change. (i) A brief description of the process change; (ii) A description of any modifications to standard procedures or quality assurance procedures; (iii) Revisions to any of the information reported in the original Notification of Compliance Status report under paragraph (f) of this section; and (iv) Information required by the Notification of Compliance Status report under paragraph (f) of this section for changes involving the addition of processes or equipment. (2) The owner or operator must submit a report 60 days before the scheduled implementation date of either of the following: (i) Any change in the activity covered by the Precompliance report. (ii) A change in the status of a control device from small to large. (i) Reports of malfunctions. (j) Reports of equipment leaks. (k) Reports of emissions averaging. (1) The reports shall also include the information listed in paragraphs (k)(1)(i) through (iv) of this section: (i) Any changes to the processes, storage tanks, or waste management unit included in the average. (ii) The calculation of the debits and credits for the reporting period. (iii) Changes to the Emissions Averaging Plan which affect the calculation methodology of uncontrolled or controlled emissions or the hazard or risk equivalency determination. (iv) Any changes to the parameters monitored according to § 63.1366(g). (2) Every second semiannual or fourth quarterly report, as appropriate, shall include the results according to § 63.1367(d)(4) to demonstrate the emissions averaging provisions of §§ 63.1362(h), 63.1365(h), 63.1366(g), and 63.1367(d) are satisfied. (l) Reports of heat exchange systems. (m) Notification of performance test and test Plan. (n) Request for extension of compliance. (o) The owner or operator who submits an operating permit application before the date the Emissions Averaging Plan is due shall submit the information specified in paragraphs (o)(1) through (3) of this section with the operating permit application instead of the Emissions Averaging Plan. (1) The information specified in § 63.1367(d) for emission points included in the emissions average; (2) The information specified in § 63.9(h) of subpart A of this part, as applicable; and (3) The information specified in paragraph (e) of this section, as applicable. (p) Electronic reporting. (1) For data collected using test methods supported by the EPA-provided software, the owner or operator shall submit the results of the performance test to the EPA by direct computer-to-computer electronic transfer via EPA-provided software, unless otherwise approved by the Administrator. Owners or operators, who claim that some of the information being submitted for performance tests is confidential business information (CBI), must submit a complete file using EPA-provided software that includes information claimed to be CBI on a compact disk, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA by direct computer-to-computer electronic transfer via EPA-provided software. (2) For any performance test conducted using test methods that are not compatible with the EPA-provided software, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. [64 FR 33589, June 23, 1999, as amended at 66 FR 58396, Nov. 21, 2001; 67 FR 59354, Sept. 20, 2002; 79 FR 17375, Mar. 27, 2014] § 63.1369 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1360 and 63.1362 through 63.1364. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods for under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37358, June 23, 2003] Table 1 to Subpart MMM of Part 63—General Provisions Applicability to Subpart MMM Reference to subpart A Applies to Explanation § 63.1(a)(1) Yes Additional terms are defined in § 63.1361. § 63.1(a)(2)-(3) Yes § 63.1(a)(4) Yes Subpart MMM (this table) specifies applicability of each paragraph in subpart A to subpart MMM. § 63.1(a)(5) N/A Reserved. § 63.1(a)(6)-(7) Yes § 63.1(a)(8) No Discusses State programs. § 63.1(a)(9) N/A Reserved. § 63.1(a)(10)-(14) Yes § 63.1(b)(1) No § 63.1360 specifies applicability. § 63.1(b)(2)-(3) Yes § 63.1(c)(1) Yes Subpart MMM (this table) specifies the applicability of each paragraph in subpart A to sources subject to subpart MMM. § 63.1(c)(2) No Area sources are not subject to subpart MMM. § 63.1(c)(3) N/A Reserved. § 63.1(c)(4)-(5) Yes § 63.1(c)(6) Yes § 63.1(d) N/A Reserved. § 63.1(e) Yes § 63.2 Yes Additional terms are defined in § 63.1361; when overlap between subparts A and MMM occurs, subpart MMM takes precedence. § 63.3 Yes Other units used in subpart MMM are defined in that subpart. § 63.4(a)(1)-(3) Yes § 63.4(a)(4) N/A Reserved. § 63.4(a)(5)-(c) Yes § 63.5(a) Yes Except the term “affected source” shall apply instead of the terms “source” and “stationary source” in § 63.5(a)(1) of subpart A. § 63.5(b)(1) Yes § 63.5(b)(2) N/A Reserved. § 63.5(b)(3)-(5) Yes § 63.5(b)(6) No § 63.1360(g) specifies requirements for determining applicability of added PAI equipment. § 63.5(c) N/A Reserved. § 63.5(d)-(e) Yes § 63.5(f)(1) Yes Except “affected source” shall apply instead of “source” in § 63.5(f)(1) of subpart A. § 63.5(f)(2) Yes § 63.6(a) Yes § 63.6(b)(1)-(2) No § 63.1364 specifies compliance dates. § 63.6(b)(3)-(4) Yes § 63.6(b)(5) Yes § 63.6(b)(6) N/A Reserved. § 63.6(b)(7) Yes § 63.6(c)(1)-(2) Yes Except “affected source” shall apply instead of “source” in § 63.6(c)(1)-(2) of subpart A. § 63.6(c)(3)-(4) N/A Reserved. § 63.6(c)(5) Yes § 63.6(d) N/A Reserved. § 63.6(e)(1)(i) No See § 63.1360(e)(4) for general duty requirement. § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2)-(3) Yes § 63.6(g) Yes An alternative standard has been proposed; however, affected sources will have the opportunity to demonstrate other alternatives to the Administrator. § 63.6(h) No Subpart MMM does not contain any opacity or visible emissions standards. § 63.6(i)(1) Yes § 63.6(i)(2) Yes Except “affected source” shall apply instead of “source” in § 63.6(i)(2)(i) and (ii) of subpart A. § 63.6(i)(3)-(14) Yes § 63.6(i)(15) N/A Reserved. § 63.6(i)(16) Yes § 63.6(j) Yes § 63.7(a)(1) Yes § 63.7(a)(2)(i)-(vi) Yes § 63.1368 specifies that test results must be submitted in the Notification of Compliance Status due 150 days after the compliance date. § 63.7(a)(2)(vii)-(viii) N/A Reserved. § 63.7(a)(2)(ix)-(c) Yes § 63.7(d) Yes Except “affected source” shall apply instead of “source” in § 63.7(d) of subpart A. § 63.7(e)(1) No See § 63.1365(b). § 63.7(e)(2) Yes § 63.7(e)(3) Yes Except § 63.1365 specifies less than 3 runs for certain tests. § 63.7(e)(4) Yes § 63.7(f) Yes § 63.7(g)(1) Yes Except § 63.1368(a) specifies that the results of the performance test be submitted with the Notification of Compliance Status report. § 63.7(g)(2) N/A Reserved. § 63.7(g)(3) Yes § 63.7(h) Yes § 63.8(a)(1)-(2) Yes § 63.8(a)(3) N/A Reserved. § 63.8(a)(4) Yes § 63.8(b)(1) Yes § 63.8(b)(2) No § 63.1366 specifies CMS requirements. § 63.8(b)(3) Yes § 63.8(c)(1)(i) No § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) No § 63.8(c)(2)-(3) Yes § 63.8(c)(4) No § 63.1366 specifies monitoring frequencies. § 63.8(c)(5)-(8) No § 63.8(d)-(f)(3) Yes Except the last sentence of § 63.8(d)(3), which shall be replaced with “The program of corrective action should be included in the plan required under § 63.8(d)(2).” for the purposes of this subpart. § 63.8(f)(4) Yes Except § 63.1368(b) specifies that requests may also be included in the Precompliance report. § 63.8(f)(5) Yes § 63.8(f)(6) No Subpart MMM does not require CEM's. § 63.8(g) No § 63.1366 specifies data reduction procedures. § 63.9(a)-(d) Yes § 63.9(e) No § 63.9(f) No Subpart MMM does not contain opacity and visible emission standards. § 63.9(g) No § 63.9(h)(1) Yes § 63.9(h)(2)(i) Yes Except § 63.1368(a)(1) specifies additional information to include in the Notification of Compliance Status report. § 63.9(h)(2)(ii) No § 63.1368 specifies the Notification of Compliance Status report is to be submitted within 150 days after the compliance date. § 63.9(h)(3) Yes § 63.9(h)(4) N/A Reserved. § 63.9(h)(5)-(6) Yes 63.9(i) Yes. § 63.9(j) Yes For change in major source status only, § 63.1368(h) specifies procedures for other notification of changes. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a)-(b)(1) Yes § 63.10(b)(2) No § 63.1367 specifies recordkeeping requirements. § 63.10(b)(3) Yes § 63.10(c)(1)-(14) Yes § 63.10(c)(15) No § 63.10(d)(1) Yes § 63.10(d)(2) Yes § 63.10(d)(3) No Subpart MMM does not include opacity and visible emission standards. § 63.10(d)(4) Yes § 63.10(d)(5) No See § 63.1368(i) for malfunction reporting requirements. § 63.10(e)(1)-(2)(i) Yes § 63.10(e)(2)(ii) No Subpart MMM does not include opacity monitoring requirements. § 63.10(e)(3) Yes § 63.10(e)(4) No Subpart MMM does not include opacity monitoring requirements. § 63.10(f) Yes § 63.11-§ 63.15 Yes [64 FR 33589, June 23, 1999, as amended at 67 FR 59355, Sept. 20, 2002; 79 FR 17375, Mar. 27, 2014; 85 FR 73899, Nov. 19, 2020] Table 2 to Subpart MMM of Part 63—Standards for New and Existing PAI Sources Emission source Applicability Requirement Process vents Existing: Processes having uncontrolled organic HAP emissions ≥0.15 Mg/yr 90% for organic HAP per process or to outlet concentration of ≤20 ppmv TOC. Processes having uncontrolled HCl and chlorine emissions ≥6.8 Mg/yr 94% for HCl and chlorine per process or to outlet HCl and chlorine concentration of ≤20 ppmv. Individual process vents meeting flow and mass emissions criteria that have gaseous organic HAP emissions controlled to less than 90% on or after November 10, 1997 98% gaseous organic HAP control per vent or ≤20 ppmv TOC outlet limit. New: Processes having uncontrolled organic HAP emissions ≥0.15 Mg/yr 98% for organic HAP per process or ≤20 ppmv TOC. Processes having uncontrolled HCl and chlorine emissions ≥6.8 Mg/yr and <191 Mg/yr 94% for HCl and chlorine per process or to outlet concentration of ≤20 ppmv HCl and chlorine. Processes having uncontrolled HCl and chlorine emissions ≥191 Mg/yr 99% for HCl and chlorine per process or to outlet concentration of ≤20 ppmv HCl and chlorine. Storage vessels Existing: ≥75 m 3 Install a floating roof, reduce HAP by 95% per vessel, or to outlet concentration of ≤20 ppmv TOC. New: ≥38 m 3 Same as for existing sources. ≥75 m 3 Same as for existing sources. Wastewater a Existing: Process wastewater with ≥10,000 ppmw Table 9 compounds at any flowrate or ≥1,000 ppmw Table 9 compounds at ≥10 L/min, and maintenance wastewater with HAP load ≥5.3 Mg per discharge event Reduce concentration of total Table 9 compounds to <50 ppmw (or other options). New: Same criteria as for existing sources Reduce concentration of total Table 9 compounds to <50 ppmw (or other options). Total HAP load in wastewater POD streams ≥2,100 Mg/yr. 99% reduction of Table 9 compounds from all streams. Equipment leaks Subpart H Subpart H with minor changes, including monitoring frequencies consistent with the proposed CAR. Product dryers and bag dumps Dryers used to dry PAI that is also a HAP, and bag dumps used to introduce feedstock that is a solid and a HAP Particulate matter concentration not to exceed 0.01 gr/dscf. Heat exchange systems Each heat exchange system used to cool process equipment in PAI manufacturing operations Monitoring and leak repair program as in HON. a Table 3 to Subpart MMM of Part 63—Monitoring Requirements for Control Devices a Control device Monitoring equipment required Parameters to be monitored Frequency All control devices 1. Flow indicator installed at all bypass lines to the atmosphere and equipped with continuous recorder or 1. Presence of flow diverted from the control device to the atmosphere or Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour. 2. Valves sealed closed with car-seal or lock-and-key configuration 2. Monthly inspections of sealed valves Monthly. Scrubber Liquid flow rate or pressure drop mounting device. Also a pH monitor if the scrubber is used to control acid emissions 1. Liquid flow rate into or out of the scrubber or the pressure drop across the scrubber 1. Every 15 minutes. 2. pH of effluent scrubber liquid 2. Once a day. Thermal incinerator Temperature monitoring device installed in firebox or in ductwork immediately downstream of firebox b Firebox temperature Every 15 minutes. Catalytic incinerator Temperature monitoring device installed in gas stream immediately before and after catalyst bed Temperature difference across catalyst bed Every 15 minutes. Flare Heat sensing device installed at the pilot light Presence of a flame at the pilot light Every 15 minutes. Boiler or process heater <44 megawatts and vent stream is not mixed with the primary fuel Temperature monitoring device installed in firebox b Combustion temperature Every 15 minutes. Condenser Temperature monitoring device installed at condenser exit Condenser exit (product side) temperature Every 15 minutes. Carbon adsorber (nonregenerative) None Operating time since last replacement N/A. Carbon adsorber (regenerative) Stream flow monitoring device, and 1. Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s) 1. For each regeneration cycle, record the total regeneration stream mass or volumetric flow. Carbon bed temperature monitoring device 2. Temperature of carbon bed after regeneration 2. For each regeneration cycle, record the maximum carbon bed-temperature. 3. Temperature of carbon bed within 15 minutes of completing any cooling cycle(s) 3. Within 15 minutes of completing any cooling cycle, record the carbon bed temperature. 4. Operating time since end of last regeneration 4. Operating time to be based on worst-case conditions. 5. Check for bed poisoning 5. Yearly. a b Table 4 to Subpart MMM of Part 63—Control Requirements for Items of Equipment That Meet the Criteria of § 63.1362( k Item of equipment Control requirement a 1. Drain or drain hub (a) Tightly fitting solid cover (TFSC); or 2. Manhole b (a) TFSC; or 3. Lift station (a) TFSC; or 4. Trench (a) TFSC; or 5. Pipe Each pipe shall have no visible gaps in joints, seals, or other emission interfaces. 6. Oil/water separator (a) Equip with a fixed roof and route vapors to a process, or equip with a closed-vent system that routes vapors to a control device meeting the requirements of § 63.139(c); or 7. Tank Maintain a fixed roof and consider vents as process vents. c a b c [67 FR 59355, Sept. 20, 2002] Subpart NNN—National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing Source: 64 FR 31709, June 14, 1999, unless otherwise noted. § 63.1380 Applicability. (a) Except as provided in paragraphs (b) and (c) of this section, the requirements of this subpart apply to the owner or operator of each wool fiberglass manufacturing facility that is a major source or is located at a facility that is a major source. (b) The requirements of this subpart apply to emissions of hazardous air pollutants (HAPs), as measured according to the methods and procedures in this subpart, emitted from the following new and existing sources at a wool fiberglass manufacturing facility subject to this subpart: (1) Each new and existing glass-melting furnace located at a wool fiberglass manufacturing facility; (2) Each new and existing rotary spin wool fiberglass manufacturing line producing a bonded wool fiberglass building insulation product; and (3) Each new and existing flame attenuation wool fiberglass manufacturing line producing a bonded product. (c) The requirements of this subpart do not apply to a wool fiberglass manufacturing facility that the owner or operator demonstrates to the Administrator is not a major source as defined in § 63.2. (d) The provisions of this part 63, subpart A that apply and those that do not apply to this subpart are specified in Table 1 of this subpart. [64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015] § 63.1381 Definitions. Terms used in this subpart are defined in the Clean Air Act, in § 63.2, or in this section as follows: Aerospace and air filtration products Bag leak detection system Bonded Building insulation 3 3 Cold top electric furnace Flame attenuation Gas-fired glass-melting furnace Glass-melting furnace Glass pull rate Hazardous Air Pollutant Heating, ventilation, and air conditioning (HVAC) products Heavy-density product 3 3 Incinerator Loss on ignition Manufacturing line New source Original equipment manufacturer (OEM) products Pipe product 3 3 Rotary spin Wool fiberglass Wool fiberglass manufacturing facility [64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 82 FR 60883, Dec. 26, 2017] § 63.1382 Emission standards. (a) You must control emissions from each glass-melting furnace, rotary spin manufacturing line, and flame attenuation manufacturing line as specified in Table 2 to this subpart. (b) On or after July 29, 2015 to reduce emissions of hydrogen chloride and hydrogen fluoride from each existing, new, or reconstructed glass-melting furnace, you must either: (1) Require cullet providers to provide records of their inspections showing that no glass from industrial (also known as continuous strand, or textile) fiberglass, cathode ray tubes (CRT), computer monitors that include CRT, and glass from microwave ovens, televisions or other electronics is included in the cullet; or (2) Sample your raw materials and maintain records of your sampling showing that the cullet is free of glass from industrial fiberglass, cathode ray tubes, computer monitors that include cathode ray tubes, and glass from microwave ovens, televisions or other electronics. (c) Operating limits. (1)(i) The owner or operator must initiate corrective action within 1 hour of an alarm from a bag leak detection system and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a Quality Improvement Plan (QIP) consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the bag leak detection system alarm is sounded for more than 5 percent of the total operating time in a 6-month block reporting period. (2)(i) The owner or operator must initiate corrective action within 1 hour when any 3-hour block average of the monitored electrostatic precipitator (ESP) parameter is outside the limit(s) established during the performance test as specified in § 63.1384 and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64 subpart D when the monitored ESP parameter is outside the limit(s) established during the performance test as specified in § 63.1384 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate the ESP such that the monitored ESP parameter is not outside the limit(s) established during the performance test as specified in § 63.1384 for more than 10 percent of the total operating time in a 6-month block reporting period. (3)(i) The owner or operator must initiate corrective action within 1 hour when any 3-hour block average temperature of a cold top electric furnace as measured at a location 46 to 61 centimeters (18 to 24 inches) above the molten glass surface, exceeds 120 °C (250 °F) and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator of a cold top electric furnace must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the temperature, as measured at a location 46 to 61 centimeters (18 to 24 inches) above the molten glass surface, exceeds 120 °C (250 °F) for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate the cold top electric furnace such that the temperature does not exceed 120 °C (250 °F) as measured at a location 46 to 61 centimeters (18 to 24 inches) above the molten glass surface, for more than 10 percent of the total operating time in a 6-month reporting period. (4)(i) The owner or operator must initiate corrective action within 1 hour when any 3-hour block average value for the monitored parameter(s) for a glass-melting furnace, which uses no add-on controls and which is not a cold top electric furnace, is outside the limit(s) established during the performance test as specified in § 63.1384 and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64 subpart D when the monitored parameter(s) is outside the limit(s) established during the performance test as specified in § 63.1384 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate a glass-melting furnace, which uses no add-on controls and which is not a cold top electric furnace, such that the monitored parameter(s) is not outside the limit(s) established during the performance test as specified in § 63.1384 for more than 10 percent of the total operating time in a 6-month block reporting period. (5)(i) The owner or operator must initiate corrective action within 1 hour when the average glass pull rate of any 4-hour block period for glass melting furnaces equipped with continuous glass pull rate monitors, or daily glass pull rate for glass melting furnaces not so equipped, exceeds the average glass pull rate established during the performance test as specified in § 63.1384, by greater than 20 percent and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the glass pull rate exceeds, by more than 20 percent, the average glass pull rate established during the performance test as specified in § 63.1384 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate each glass-melting furnace such that the glass pull rate does not exceed, by more than 20 percent, the average glass pull rate established during the performance test as specified in § 63.1384 for more than 10 percent of the total operating time in a 6-month block reporting period. (6) The owner or operator must operate each incinerator used to comply with the emission limits for rotary spin or flame attenuation lines specified in Table 2 to this subpart such that any 3-hour block average temperature in the firebox does not fall below the average established during the performance test as specified in § 63.1384. (7)(i) The owner or operator must initiate corrective action within 1 hour when the average pressure drop, liquid flow rate, or chemical feed rate for any 3-hour block period is outside the limits established during the performance tests as specified in § 63.1384 for each wet scrubbing control device and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when any scrubber parameter is outside the limit(s) established during the performance test as specified in § 63.1384 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate each scrubber such that each monitored parameter is not outside the limit(s) established during the performance test as specified in § 63.1384 for more than 10 percent of the total operating time in a 6-month block reporting period. (8)(i) The owner or operator must initiate corrective action within 1 hour when the monitored process parameter level(s) is outside the limit(s) established during the performance test as specified in § 63.1384 for the process modification(s) used to comply with the emission limits for rotary spin or flame attenuation lines specified in Table 2 to this subpart, and complete corrective actions in a timely manner according to the procedures in the operations, maintenance, and monitoring plan. (ii) The owner or operator must implement a QIP consistent with the compliance assurance monitoring provisions of 40 CFR part 64, subpart D when the process parameter(s) is outside the limit(s) established during the performance test as specified in § 63.1384 for more than 5 percent of the total operating time in a 6-month block reporting period. (iii) The owner or operator must operate the process modifications such that the monitored process parameter(s) is not outside the limit(s) established during the performance test as specified in § 63.1384 for more than 10 percent of the total operating time in a 6-month block reporting period. (9) The owner or operator must use a resin in the formulation of binder such that the free-formaldehyde and free-phenol contents of the resin used do not exceed the respective ranges contained in the specification for the resin used during the performance test as specified in § 63.1384. (10) The owner or operator must use a binder formulation that does not vary from the specification and operating range established and used during the performance test as specified in § 63.1384. For the purposes of this standard, adding or increasing the quantity of urea and/or lignin in the binder formulation does not constitute a change in the binder formulation. (11) The owner or operator must maintain the percentage of cullet in the materials mix for each gas-fired glass-melting furnace at or below the level established during the performance test as specified in § 63.1384(a)(4). [64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 82 FR 60884, Dec. 26, 2017] § 63.1383 Monitoring requirements. On and after the date on which the performance test required to be conducted by §§ 63.7 and 63.1384 is completed, the owner or operator must monitor all affected control equipment and processes according to the following requirements. (a) The owner or operator of each wool fiberglass manufacturing facility must prepare for each glass-melting furnace, rotary spin manufacturing line, and flame attenuation manufacturing line subject to the provisions of this subpart, a written operations, maintenance, and monitoring plan. The plan must be submitted to the Administrator for review and approval as part of the application for a part 70 permit. The plan must include the following information: (1) Procedures for the proper operation and maintenance of process modifications and add-on control devices used to meet the emission limits in § 63.1382; (2) Procedures for the proper operation and maintenance of monitoring devices used to determine compliance, including quarterly calibration and certification of accuracy of each monitoring device according to the manufacturers's instructions; and (3) Corrective actions to be taken when process parameters or add-on control device parameters deviate from the limit(s) established during initial performance tests. (b)(1) Where a baghouse is used to control PM emissions from a glass-melting furnace, the owner or operator shall install, calibrate, maintain, and continuously operate a bag leak detection system. (i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (ii) The bag leak detection system sensor must produce output of relative PM emissions. (iii) The bag leak detection system must be equipped with an alarm system that will sound automatically when an increase in relative PM emissions over a preset level is detected and the alarm must be located such that it can be heard by the appropriate plant personnel. (iv) For positive pressure fabric filter systems, a bag leak detection system must be installed in each baghouse compartment or cell. If a negative pressure or induced air baghouse is used, the bag leak detection system must be installed downstream of the baghouse. Where multiple bag leak detection systems are required (for either type of baghouse), the system instrumentation and alarm may be shared among the monitors. (v) A triboelectric bag leak detection system shall be installed, operated, adjusted, and maintained in a manner consistent with the U.S. Environmental Protection Agency guidance, “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015, September 1997). Other bag leak detection systems shall be installed, operated, adjusted, and maintained in a manner consistent with the manufacturer's written specifications and recommendations. (vi) Initial adjustment of the system shall, at a minimum, consist of establishing the baseline output by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time. (vii) Following the initial adjustment, the owner or operator shall not adjust the range, averaging period, alarm setpoints, or alarm delay time except as detailed in the approved operations, maintenance, and monitoring plan required under paragraph (a) of this section. In no event shall the range be increased by more than 100 percent or decreased more than 50 percent over a 365-day period unless a responsible official as defined in § 63.2 of the general provisions in subpart A of this part certifies that the baghouse has been inspected and found to be in good operating condition. (2) The operations, maintenance, and monitoring plan required by paragraph (a) of this section must specify corrective actions to be followed in the event of a bag leak detection system alarm. Example corrective actions that may be included in the plan include the following: (i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other conditions that may cause an increase in emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media, or otherwise repairing the control device. (iv) Sealing off a defective baghouse compartment. (v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate emissions. (c)(1) Where an ESP is used to control PM emissions from a glass-melting furnace, the owner or operator must monitor the ESP according to the procedures in the operations, maintenance, and monitoring plan. (2)The operations, maintenance, and monitoring plan for the ESP must contain the following information: (i) The ESP operating parameter(s), such as secondary voltage of each electrical field, to be monitored and the minimum and/or maximum value(s) that will be used to identify any operational problems; (ii) A schedule for monitoring the ESP operating parameter(s); (iii) Recordkeeping procedures, consistent with the recordkeeping requirements of § 63.1386, to show that the ESP operating parameter(s) is within the limit(s) established during the performance test; and (iv) Procedures for the proper operation and maintenance of the ESP. (d) The owner or operator must measure and record at least once per shift the temperature 46 to 61 centimeters (18 to 24 inches) above the surface of the molten glass in a cold top electric furnace that does not use any add-on controls to control PM emissions. (e)(1) Where a glass-melting furnace is operated without an add-on control device to control PM emissions, the owner or operator must monitor the glass-melting furnace according to the procedures in the operations, maintenance, and monitoring plan. (2) The operations, maintenance, and monitoring plan for the glass-melting furnace must contain the following information: (i) The operating parameter(s) to be monitored and the minimum and/or maximum value(s) that will be used to identify any operational problems; (ii) A schedule for monitoring the operating parameter(s) of the glass-melting furnace; (iii) Recordkeeping procedures, consistent with the recordkeeping requirements of § 63.1386, to show that the glass-melting furnace parameter(s) is within the limit(s) established during the performance test; and (iv) Procedures for the proper operation and maintenance of the glass-melting furnace. (f) If you use a control device to control HAP emissions from a glass-melting furnace, RS manufacturing line, or FA manufacturing line, you must install, calibrate, maintain, and operate a monitoring device that continuously measures an appropriate parameter for the control device. You must establish the value of that parameter during the performance test conducted to demonstrate compliance with the applicable emission limit as specified in Table 2 to this subpart. (g)(1) The owner or operator who uses an incinerator to comply with the emission limits for rotary spin or flame attenuation lines specified in Table 2 to this subpart must install, calibrate, maintain, and operate a monitoring device that continuously measures and records the operating temperature in the firebox of each incinerator. (2) The owner or operator must inspect each incinerator at least once per year according to the procedures in the operations, maintenance, and monitoring plan. At a minimum, an inspection must include the following: (i) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot sensor, as necessary; (ii) Ensure proper adjustment of combustion air and adjust, as necessary; (iii) Inspect, when possible, internal structures, for example, baffles, to ensure structural integrity per the design specifications; (iv) Inspect dampers, fans, and blowers for proper operation; (v) Inspect for proper sealing; (vi) Inspect motors for proper operation; (vii) Inspect combustion chamber refractory lining and clean and repair/replace lining, as necessary; (viii) Inspect incinerator shell for corrosion and/or hot spots; (ix) For the burn cycle that follows the inspection, document that the incinerator is operating properly and make any necessary adjustments; and (x) Generally observe that the equipment is maintained in good operating condition. (xi) Complete all necessary repairs as soon as practicable. (h) The owner or operator who uses a wet scrubbing control device to comply with the emission limits for rotary spin or flame attenuation lines specified in Table 2 to this subpart must install, calibrate, maintain, and operate monitoring devices that continuously monitor and record the gas pressure drop across each scrubber and the scrubbing liquid flow rate to each scrubber according to the procedures in the operations, maintenance, and monitoring plan. The pressure drop monitor must be certified by its manufacturer to be accurate within ±250 pascals (±1 inch water gauge) over its operating range, and the flow rate monitor must be certified by its manufacturer to be accurate within ±5 percent over its operating range. The owner or operator must also continuously monitor and record the feed rate of any chemical(s) added to the scrubbing liquid. (i)(1) The owner or operator who uses process modifications to comply with the emission limits for rotary spin or flame attenuation lines specified in Table 2 to this subpart must establish a correlation between formaldehyde, methanol, and phenol emissions, as appropriate, and the process parameter(s) to be monitored. (2) The owner or operator must monitor the established parameter(s) according to the procedures in the operations, maintenance, and monitoring plan. (3) The owner or operator must include as part of their operations, maintenance, and monitoring plan the following information: (i) Procedures for the proper operation and maintenance of the process; (ii) Process parameter(s) to be monitored to demonstrate compliance with the applicable emission limits in § 63.1382. Examples of process parameters include LOI, binder solids content, and binder application rate; (iii) Correlation(s) between process parameter(s) to be monitored and formaldehyde emissions; (iv) A schedule for monitoring the process parameter(s); and (v) Recordkeeping procedures, consistent with the recordkeeping requirements of § 63.1386, to show that the process parameter value(s) established during the performance test is not exceeded. (j) The owner or operator must monitor and record the free-formaldehyde and free-phenol content of each resin shipment received and of each resin used in the formulation of binder. (k) The owner or operator must monitor and record the formulation of each batch of binder used. (l) The owner or operator must monitor and record at least once every 8 hours, the product LOI and product density of each bonded wool fiberglass product manufactured. (m) For all control device and process operating parameters measured during the initial performance tests, including the materials mix used in the test, you may change the limits established during the initial performance tests if you conduct additional performance testing to verify that, at the new control device or process parameter levels, you comply with the applicable emission limits specified in Table 2 to this subpart. You must conduct all additional performance tests according to the procedures in this part 63, subpart A and in § 63.1384. [64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 82 FR 60884, Dec. 26, 2017] § 63.1384 Performance test requirements. (a) The owner or operator subject to the provisions of this subpart shall conduct a performance test to demonstrate compliance with the applicable emission limits in § 63.1382. Compliance is demonstrated when the emission rate of the pollutant is equal to or less than each of the applicable emission limits in § 63.1382. The owner or operator shall conduct the performance test according to the procedures in 40 CFR part 63, subpart A and in this section. If the owner or operator conducted an emissions test in 2016 according to the procedures specified in §§ 63.1384(a)(9) and 63.1385 in response to the EPA's Information Collection Request, the owner or operator can use the results of the emissions test to demonstrate initial compliance with the emission limits for rotary spin lines specified in Table 2 to this subpart. (1) All monitoring systems and equipment must be installed, operational, and calibrated prior to the performance test. (2) Unless a different frequency is specified in this section, the owner or operator must monitor and record process and/or add-on control device parameters at least every 15 minutes during the performance tests. The arithmetic average for each parameter must be calculated using all of the recorded measurements for the parameter. (3) During each performance test, the owner or operator must monitor and record the glass pull rate for each glass-melting furnace and, if different, the glass pull rate for each rotary spin manufacturing line and flame attenuation manufacturing line. Record the glass pull rate every 15 minutes during any performance test required by this subpart and determine the arithmetic average of the recorded measurements for each test run and calculate the average of the three test runs. If a rotary spin or flame attenuation line shares one or more emissions points with another rotary spin or flame attenuation line(s), owners or operators can conduct the performance test while each of the process lines with the shared emissions point(s) is operating as specified in paragraph (a)(8) of this section, rather than testing each of the shared lines separately. In these cases, owners or operators must use the combined glass pull rate for the process lines with the shared emissions point(s) to demonstrate compliance with the emission limits specified in Table 2 to this subpart. (4) The owner or operator shall conduct a performance test for each existing and new gas-fired glass-melting furnace. During the performance test of each gas-fired glass-melting furnace, the owner or operator must measure and record the materials mix, including the percentages of raw materials and cullet, melted in the furnace during the performance test. (5) During the performance test, the owner or operator of a glass-melting furnace controlled by an ESP shall monitor and record the ESP parameter level(s), as specified in the operations, maintenance, and monitoring plan, and establish the minimum and/or maximum value(s) that will be used to demonstrate compliance after the initial performance test. (6) During the performance test, the owner or operator of a cold top electric furnace that is not equipped with an add-on control device for PM emissions control, must monitor and record the temperature 46 to 61 centimeters (18 to 24 inches) above the molten glass surface to ensure that the maximum temperature does not exceed 120 °C (250 °F). (7) During the performance test, the owner or operator of a glass melting furnace (other than a cold top electric furnace) that is not equipped with an add-on control device for PM emissions control, must monitor and record the furnace parameter level, and establish the minimum and/or maximum value(s) that will be used to demonstrate compliance after the initial performance test. (8) The owner or operator must conduct a performance test for each rotary spin manufacturing line, subject to this subpart, while producing the building insulation with the highest LOI expected to be produced on that line; and for each flame attenuation manufacturing line, subject to this subpart, while producing the heavy-density product or pipe product with the highest LOI expected to be produced on the affected line. (9) The owner or operator of each rotary spin manufacturing line and flame attenuation manufacturing line regulated by this subpart must conduct performance tests using the resin with the highest free-formaldehyde content. During the performance test of each rotary spin manufacturing line and flame attenuation manufacturing line regulated by this subpart, the owner or operator shall monitor and record the free-formaldehyde and free-phenol contents of the resin, the binder formulation used, and the product LOI and density. (10) During the performance test, the owner or operator of a rotary spin manufacturing line or flame attenuation manufacturing line who plans to use process modifications to comply with the emission limits in § 63.1382 must monitor and record the process parameter level(s), as specified in the operations, maintenance, and monitoring plan, which will be used to demonstrate compliance after the initial performance test. (11) During the performance test, the owner or operator of a rotary spin manufacturing line or flame attenuation manufacturing line who plans to use a wet scrubbing control device to comply with the emission limits in § 63.1382 must continuously monitor and record the pressure drop across the scrubber, the scrubbing liquid flow rate, and addition of any chemical to the scrubber, including the chemical feed rate, and establish the minimum and/or maximum value(s) that will be used to determine compliance after the initial performance test. (12) During the performance test, the owner or operator of a rotary spin manufacturing line or affected flame attenuation manufacturing line shall continuously record the operating temperature of each incinerator and record the average during each 1-hour test; the average operating temperature of the three 1-hour tests shall be used to monitor compliance. (13) Unless disapproved by the Administrator, an owner or operator of a rotary spin or flame attenuation manufacturing line regulated by this subpart may conduct short-term experimental production runs using binder formulations or other process modifications where the process parameter values would be outside those established during performance tests without first conducting performance tests. Such runs must not exceed 1 week in duration unless the Administrator approves a longer period. The owner or operator must notify the Administrator and postmark or deliver the notification at least 15 days prior to commencement of the short-term experimental production runs. The Administrator must inform the owner or operator of a decision to disapprove or must request additional information prior to the date of the short-term experimental production runs. Notification of intent to perform an experimental short-term production run shall include the following information: (i) The purpose of the experimental production run; (ii) The affected line; (iii) How the established process parameters will deviate from previously approved levels; (iv) The duration of the experimental production run; (v) The date and time of the experimental production run; and (vi) A description of any emission testing to be performed during the experimental production run. (b) To determine compliance with the PM emission limit for glass-melting furnaces, use the following equation: Where: E = Emission rate of PM, kg/Mg (lb/ton) of glass pulled; C = Concentration of PM, g/dscm (gr/dscf); Q = Volumetric flow rate of exhaust gases, dscm/h (dscf/h); K 1 P = Average glass pull rate, Mg/h (tons/h). (c) To determine compliance with the emission limits specified in Table 2 to this subpart, for formaldehyde and methanol for rotary spin manufacturing lines; formaldehyde, phenol, and methanol for flame attenuation manufacturing lines; and chromium compounds for gas-fired glass-melting furnaces, use the following equation: Where: E = Emission rate of formaldehyde, phenol, methanol, chromium compounds, kg/Mg (lb/ton) of glass pulled; C = Measured volume fraction of formaldehyde, phenol, methanol, chromium compounds, ppm; MW = Molecular weight of formaldehyde, 30.03 g/g-mol; molecular weight of phenol, 94.11 g/g-mol; molecular weight of methanol, 32.04 g/g-mol; molecular weight of chromium compounds tested in g/g-mol. Q = Volumetric flow rate of exhaust gases, dscm/h (dscf/h); K 1 K 2 3 3 K 3 P = Average glass pull rate, Mg/h (tons/h). (d) Following the initial performance or compliance test conducted to demonstrate compliance with the chromium compounds emissions limit specified in Table 2 to this subpart, you must conduct an annual performance test for chromium compounds emissions from each gas-fired glass-melting furnace (no later than 12 calendar months following the previous compliance test). (e) Following the initial performance or compliance test to demonstrate compliance with the PM, formaldehyde, phenol, and methanol emissions limits specified in Table 2 to this subpart, you must conduct a performance test to demonstrate compliance with each of the applicable PM, formaldehyde, phenol, and methanol emissions limits in § 63.1382 at least once every five years. [64 FR 31709, June 14, 1999, as amended at 80 FR 45334, July 29, 2015; 82 FR 60884, Dec. 26, 2017] § 63.1385 Test methods and procedures. (a) The owner or operator shall use the following methods to determine compliance with the applicable emission limits: (1) Method 1 (40 CFR part 60, appendix A) for the selection of the sampling port location and number of sampling ports; (2) Method 2 (40 CFR part 60, appendix A) for volumetric flow rate; (3) Method 3 or 3A (40 CFR part 60, appendix A) for O 2 2 (4) Method 4 (40 CFR part 60, appendix A) for moisture content of the stack gas; (5) Method 5 or Method 29 (40 CFR part 60, appendix A-3) for the concentration of total PM. When using Method 5, each run must consist of a minimum sample volume of 2 dry standard cubic meters (dscm). When using Method 29, each run must consist of a minimum sample volume of 3 dscm. When measuring PM concentration using either Method 5 or 29, the probe and filter holder heating system must be set to provide a gas temperature no greater than 120±14 °C (248±25 °F). (6) For measuring the concentration of formaldehyde, use one of the following test methods: (i) Method 318 (appendix A of this part). Each test run must consist of a minimum of 10 spectra. (ii) Method 316 (appendix A of this part). Each test run must consist of a minimum of 2 dry standard cubic meters (dscm) of sample volume. (7) Method contained in appendix A of this subpart for the determination of product LOI; (8) Method contained in appendix B of this subpart for the determination of the free-formaldehyde content of resin. The owner or operator shall use vendor specifications to determine the free-phenol content of resin. (9) Method contained in appendix C of this subpart for the determination of product density; (10) For measuring the concentration of phenol, use Method 318 (appendix A of this part). Each test run must consist of a minimum of 10 spectra. (11) For measuring the concentration of methanol, use one of the following test methods: (i) Method 318 (appendix A of this part). Each test run must consist of a minimum of 10 spectra. (ii) Method 308 (appendix A of this part). Each test run must consist of a minimum of 2 hours. (12) Method 29 (40 CFR part 60, appendix A-8) for the concentration of chromium compounds. Each test run must consist of a minimum sample volume of 3 dscm. (13) An alternative method, subject to approval by the Administrator. (b) Each performance test shall consist of 3 runs. The owner or operator shall use the average of the three runs in the applicable equation for determining compliance. [64 FR 31709, June 14, 1999, as amended at 80 FR 45335, July 29, 2015; 82 FR 60885, Dec. 26, 2017] § 63.1386 Notification, recordkeeping, and reporting requirements. (a) Notifications. (1) Notification for an area source that subsequently increases its emissions such that the source is a major source subject to the standard; (2) Notification that a source is subject to the standard, where the initial startup is before November 25, 2011. (3) Notification that a source is subject to the standard, where the source is new or has been reconstructed the initial startup is after November 25, 2011, and for which an application for approval of construction or reconstruction is not required; (4) Notification of intention to construct a new affected source or reconstruct an affected source; of the date construction or reconstruction commenced; of the anticipated date of startup; of the actual date of startup, where the initial startup of a new or reconstructed source occurs after November 25, 2011, and for which an application for approval or construction or reconstruction is required (See § 63.9(b)(4) and (5)); (5) Notification of special compliance obligations; (6) Notification of performance test; and (7) Notification of compliance status. (b) [Reserved] (c) Records and reports for a failure to meet a standard. (2) For each failure to meet a standard record and retain a list of the affected source or equipment, an estimate of the volume of each regulated pollutant emitted over the standard for which the source failed to meet the standard, and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.1382, including corrective actions to restore process and air pollution control and monitoring equipment to its normal or usual manner of operation. (4) If an affected unit fails to meet a standard, report such events in the notification of compliance status required by § 63.1386(a)(7). Report the number of failures to meet a standard since the prior notification. For each instance, report the date, time, and duration of each failure. For each failure the report must include a list of the affected units or equipment, an estimate of the volume of each regulated pollutant emitted over the standard, and a description of the method used to estimate the emissions. (d) Recordkeeping. (i) The owner or operator must retain each record for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. The most recent 2 years of records must be retained at the facility. The remaining 3 years of records may be retained off site; (ii) The owner or operator may retain records on microfilm, on a computer, on computer disks, on magnetic tape, or on microfiche; and (iii) The owner or operator may report required information on paper or on a labeled computer disk using commonly available and EPA-compatible computer software. (2) In addition to the general records required by § 63.10(b)(2) of this part, the owner or operator shall maintain records of the following information: (i) Any bag leak detection system alarms, including the date and time of the alarm, when corrective actions were initiated, the cause of the alarm, an explanation of the corrective actions taken, and when the cause of the alarm was corrected; (ii) ESP parameter value(s) used to monitor ESP performance, including any period when the value(s) deviated from the established limit(s), the date and time of the deviation, when corrective actions were initiated, the cause of the deviation, an explanation of the corrective actions taken, and when the cause of the deviation was corrected; (iii) Air temperature above the molten glass in an uncontrolled cold top electric furnace, including any period when the temperature exceeded 120 °C (250 °F) at a location 46 to 61 centimeters (18 to 24 inches) above the molten glass surface, the date and time of the exceedance, when corrective actions were initiated, the cause of the exceedance, an explanation of the corrective actions taken, and when the cause of the exceedance was corrected; (iv) Uncontrolled glass-melting furnace (that is not a cold top electric furnace) parameter value(s) used to monitor furnace performance, including any period when the value(s) exceeded the established limit(s), the date and time of the exceedance, when corrective actions were initiated, the cause of the exceedance, an explanation of the corrective actions taken, and when the cause of the exceedance was corrected; (v) The formulation of each binder batch and the LOI and density for each product manufactured on a rotary spin manufacturing line or flame attenuation manufacturing line subject to the provisions of this subpart, and the free-formaldehyde and free-phenol contents of each resin shipment received and of each resin used in the binder formulation; (vi) Process parameter level(s) for RS and FA manufacturing lines that use process modifications to comply with the emission limits, including any period when the parameter level(s) deviated from the established limit(s), the date and time of the deviation, when corrective actions were initiated, the cause of the deviation, an explanation of the corrective actions taken, and when the cause of the deviation was corrected; (vii) Scrubber pressure drop, scrubbing liquid flow rate, and any chemical additive (including chemical feed rate to the scrubber), including any period when a parameter level(s) deviated from the established limit(s), the date and time of the deviation, when corrective actions were initiated, the cause of the deviation, an explanation of the corrective actions taken, and when the cause of the deviation was corrected; (viii) Incinerator operating temperature and results of periodic inspection of incinerator components, including any period when the temperature fell below the established average or the inspection identified problems with the incinerator, the date and time of the problem, when corrective actions were initiated, the cause of the problem, an explanation of the corrective actions taken, and when the cause of the problem was corrected; (ix) Glass pull rate, including any period when the pull rate exceeded the average pull rate established during the performance test by more than 20 percent, the date and time of the exceedance, when corrective actions were initiated, the cause of the exceedance, an explanation of the corrective actions taken, and when the cause of the exceedance was corrected. (x) Records of your cullet sampling or records of inspections from cullet providers. (xi) For each gas-fired glass-melting furnace that uses cullet, records of the daily average cullet percentage, and the 30-day rolling average percent cullet in the materials mix charged to the furnace. The initial daily average should be recorded on the compliance date and the first 30-day rolling average should be calculated 30 days after the compliance date. (e) Excess emissions report. (f) Within 60 days after the date of completing each performance test (as defined in § 63.2) required in this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (f)(1) or (2) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (g) All reports required by this subpart not subject to the requirements in paragraph (f) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (f) of this section in paper format. [64 FR 31709, June 14, 1999, as amended at 71 FR 20460, Apr. 20, 2006; 80 FR 45335, July 29, 2015; 82 FR 60885, Dec. 26, 2017] § 63.1387 Compliance dates. (a) Compliance dates. (b) Compliance extension. (c) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [64 FR 31709, June 14, 1999, as amended at 80 FR 45336, July 29, 2015] § 63.1388 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1380, 63., and 63.1387. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37358, June 23, 2003] § 63.1389 Startups and shutdowns. (a) The provisions set forth in this subpart apply at all times. (b) You must not shut down items of equipment that are required or utilized for compliance with the provisions of this subpart during times when emissions are being, or are otherwise required to be, routed to such items of equipment. (c) Startup begins when the wool fiberglass glass-melting furnace has any raw materials added and reaches 50 percent of its typical operating temperature. Startup ends when molten glass begins to flow from the wool fiberglass glass-melting furnace. For cold-top electric furnaces, startup ends when the batch cover is established and the temperature of the glass batch-cover surface is below 300 °F. (d) Shutdown begins when the heat sources to the glass-melting furnace are reduced to begin the glass-melting furnace shut down process. Shutdown ends when the glass-melting furnace is empty or the contents are sufficiently viscous to preclude glass flow from the glass-melting furnace. (e) During periods of startup and shutdown in a cold-top furnace that is routed to a baghouse during normal operation, you must establish the batch cover and operate your furnace according to the following requirements during startup and shutdown: (1) You must keep records showing that you used only natural gas or other clean fuels to heat each furnace; and (2) Except after batch cover is established, you must keep records showing that you used only cullet as a raw material during the startup of each cold-top furnace; and (3) Once a batch cover is established and a control device can be safely operated, you must keep records showing that furnace emissions were controlled using air pollution control devices operated at the parameters established by the most recent performance test that showed compliance with the standard. (4) During periods of shutdown in a cold-top furnace, until the conditions above the glass reach a point at which the control device may be damaged if it continues to operate, you must keep records showing furnace emissions were controlled using air pollution control devices operated at the parameters established by the most recent performance test that showed compliance with the standard. (f) During both periods of startups and shutdowns for all furnace types other than cold-top furnaces, you must operate each furnace according to the following requirements: (1) You must record the type of fuel used to heat the furnace during startup and shutdown to demonstrate that you used only natural gas or other clean fuels; and (2) You must keep records showing that furnace emissions were controlled using air pollution control devices operated at the parameters established by the most recent performance test that showed compliance with the standard. [80 FR 45336, July 29, 2015] §§ 63.1390-63.1399 [Reserved] Table 1 to Subpart NNN of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart NNN General provisions Requirement Applies to subpart NNN? Explanation § 63.1(a)(1)-(5) Applicability Yes § 63.1(a)(6) Yes § 63.1(a)(7)-(9) No [Reserved]. § 63.1(a)(10)-(12) Yes § 63.1(b)(1) Initial Applicability Determination Yes § 63.1(b)(2) No [Reserved]. § 63.1(b)(3) Yes § 63.1(c)(1)-(2) Yes § 63.1(c)(3)-(4) No [Reserved]. § 63.1(c)(5)-(e) Yes § 63.2 Definitions Yes § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(a)(3)-(5) No [Reserved]. § 63.4(b)-(c) Yes § 63.5(a)-(b)(2) Construction/Reconstruction Applicability Yes § 63.5(b)(3)-(4) Yes § 63.5(b)(5) No [Reserved]. § 63.5(b)(6) Yes § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction or Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes § 63.6(a)-(d) Compliance with Standards and Maintenance Requirements Yes § 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.1382(b) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No § 63.1382(b) specifies additional requirements. § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) Startup, Shutdown, Malfunction (SSM) Plan No Startups and shutdowns addressed in § 63.1388. § 63.6(f)(1) SSM Exemption No § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Nonopacity Emission Standard Yes § 63.6(h)(1) SSM Exemption No § 63.6(h)(2)-(j) Yes § 63.7(a)-(d) Yes § 63.7(e)(1) Performance Testing No See § 63.1382(b). § 63.7(e)(2)-(e)(4) Yes § 63.7(f) Alternative Test Method Yes § 63.7(g)(1) Data Analysis Yes § 63.7(g)(2) No [Reserved]. § 63.7(g)(3) Yes § 63.7(h) Waiver of Performance Test Yes § 63.8(a)-(b) Monitoring Requirements Yes § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.1382(c) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No § 63.8(d)(1)-(2) Quality Control Program Yes § 63.8(d)(3) Written Procedures for CMS Yes, except for last sentence, which refers to SSM plan. SSM plans are not required § 63.8(e)-(g) Yes § 63.9(a) Notification Requirements Yes § 63.9(b)(1)-(2) Initial Notifications Yes § 63.9(b)(3) No [Reserved]. § 63.9(b)(4)-(j) Yes § 63.9(k) Yes Only as specified in § 63.9(j) § 63.10(a) Recordkeeping and Reporting Requirements Yes § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No § 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.1386 (c)(1) through (3) for recordkeeping of occurrence and duration and actions taken during a failure to meet a standard. § 63.10(b)(2)(iii) Maintenance Records Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM No § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes § 63.10(c)(9) No [Reserved]. § 63.10(c)(10)-(11) No See § 63.1386 for recordkeeping of malfunctions. § 63.10(c)(12)-(c)(14) Yes § 63.10(c)(15) Use of SSM Plan No § 63.10(d)(1)-(4) General Reporting Requirements Yes § 63.10(d)(5) SSM Reports No See § 63.1386(c)(iii) for reporting of malfunctions. § 63.10(e)-(f) Additional CMS Reports Excess Emission/CMS Performance Reports COMS Data Reports Recordkeeping/Reporting Waiver Yes § 63.11(a)-(b) Control Device Requirements Applicability Flares No Flares will not be used to comply with the emissions limits. § 63.11(c) Alternative Work Practice for Monitoring Equipment for Leaks Yes § 63.11(d) Alternative Work Practice Standard Yes § 63.11(e) Alternative Work Practice Requirements Yes § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Availability of Information/Confidentiality Yes § 63.16 Performance Track Provisions Yes [80 FR 45336, July 29, 2015, as amended at 85 FR 73899, Nov. 19, 2020; 85 FR 84262, Dec. 28, 2020] Table 2 to Subpart NNN of Part 63—Emissions Limits and Compliance Dates If your source is a: And you commenced construction: Your emission limits are: 1 And you must comply by: 2 1. Glass-melting furnace On or before March 31, 1997 0.5 lb PM per ton of glass pulled 3 June 14, 2002. 2. Glass-melting furnace After March 31, 1997 but on or before November 25, 2011 0.5 lb PM per ton of glass pulled 3 June 14, 1999. 3. Glass-melting furnace On or before November 25, 2011 0.33 lb PM per ton of glass pulled July 31, 2017. 4. Glass-melting furnace After November 25, 2011 0.33 lb PM per ton of glass pulled July 29, 2015. 4 5. Gas-fired glass-melting furnace On or before November 25, 2011 0.00025 lb chromium compounds per ton of glass pulled July 31, 2017. 6. Gas-fired glass-melting furnace After November 25, 2011 0.00025 lb chromium compounds per ton of glass pulled July 29, 2015. 4 7. Rotary spin manufacturing line On or before March 31, 1997 1.2 lb formaldehyde per ton of glass pulled 5 June 14, 2002. 8. Rotary spin manufacturing line After March 31, 1997 0.8 lb formaldehyde per ton of glass pulled 5 June 14, 1999. 9. Rotary spin manufacturing line On or before November 25, 2011 1.2 lb formaldehyde per ton of glass pulled 1.1 lb methanol per ton of glass pulled December 26, 2020. 10. Rotary spin manufacturing line After November 25, 2011 0.8 lb formaldehyde per ton of glass pulled 0.65 lb methanol per ton of glass pulled December 26, 2017. 4 11. Flame-attenuation line manufacturing a heavy-density product After March 31, 1997, but on or before November 25, 2011 7.8 lb formaldehyde per ton of glass pulled 5 June 14, 1999. 12. Flame-attenuation line manufacturing a pipe product On or before March 31, 1997 6.8 lb formaldehyde per ton of glass pulled 5 June 14, 2002. 13. Flame-attenuation line manufacturing a pipe product After March 31, 1997, but before November 25, 2011 6.8 lb formaldehyde per ton of glass pulled 5 June 14, 1999. 14. Flame-attenuation line manufacturing an aerospace, air filtration, or pipe product On or before November 25, 2011 27 lb formaldehyde per ton of glass pulled 8.9 lb methanol per ton of glass pulled December 26, 2020. 15. Flame-attenuation line manufacturing an aerospace, air filtration, or pipe product After November 25, 2011 18.0 lb formaldehyde per ton of glass pulled 4.0 lb methanol per ton of glass pulled December 26, 2017. 4 16. Flame-attenuation line manufacturing an HVAC product On or before November 25, 2011 2.8 lb formaldehyde per ton of glass pulled 7.3 lb methanol per ton of glass pulled 0.4 lb phenol per ton of glass pulled December 26, 2020. 17. Flame-attenuation line manufacturing an HVAC product After November 25, 2011 2.4 lb formaldehyde per ton of glass pulled 1.5 lb methanol per ton of glass pulled 0.4 lb phenol per ton of glass pulled December 26, 2017. 4 18. Flame-attenuation line manufacturing an OEM product On or before November 25, 2011 5.0 lb formaldehyde per ton of glass pulled 5.7 lb methanol per ton of glass pulled 31 lb phenol per ton of glass pulled December 26, 2020. 19. Flame-attenuation line manufacturing an OEM product After November 25, 2011 2.9 lb formaldehyde per ton of glass pulled 1.1 lb methanol per ton of glass pulled 22 lb phenol per ton of glass pulled December 26, 2017. 4 1 2 3 4 5 [80 FR 45338, July 29, 2015, as amended at 82 FR 60885, Dec. 26, 2017] Appendix A to Subpart NNN of Part 63—Method for the Determination of LOI 1. Purpose The purpose of this test is to determine the LOI of cured blanket insulation. The method is applicable to all cured board and blanket products. 2. Equipment 2.1 Scale sensitive to 0.1 gram. 2.2 Furnace designed to heat to at least 540 °C (1,000 °F) and controllable to ±10 °C (50 °F). 2.3 Wire tray for holding specimen while in furnace. 3. Procedure 3.1 Cut a strip along the entire width of the product that will weigh at least 10.0 grams. Sample should be free of dirt or foreign matter. Note: Remove all facing from sample. 3.2 Cut the sample into pieces approximately 12 inches long, weigh to the nearest 0.1 gram and record. Place in wire tray. Sample should not be compressed or overhang on tray edges. Note: On air duct products, remove shiplaps and overspray. 3.3 Place specimen in furnace at 540 °C (1,000 °F), ±10 °C (50 °F) for 15 to 20 minutes to insure complete oxidation. After ignition, fibers should be white and should not be fused together. 3.4 Remove specimen from the furnace and cool to room temperature. 3.5 Weigh cooled specimen and wire tray to the nearest 0.1 gram. Deduct the weight of the wire tray and then calculate the loss in weight as a percent of the original specimen weight. Appendix B to Subpart NNN of Part 63—Free Formaldehyde Analysis of Insulation Resins by Hydroxylamine Hydrochloride 1. Scope This method was specifically developed for water-soluble phenolic resins that have a relatively high free-formaldehyde (FF) content such as insulation resins. It may also be suitable for other phenolic resins, especially those with a high FF content. 2. Principle 2.1 a. The basis for this method is the titration of the hydrochloric acid that is liberated when hydroxylamine hydrochloride reacts with formaldehyde to form formaldoxine: HCHO + NH2OH:HCl → CH2:NOH + H2O + HCl b. Free formaldehyde in phenolic resins is present as monomeric formaldehyde, hemiformals, polyoxymethylene hemiformals, and polyoxymethylene glycols. Monomeric formaldehyde and hemiformals react rapidly with hydroxylamine hydrochloride, but the polymeric forms of formaldehyde must hydrolyze to the monomeric state before they can react. The greater the concentration of free formaldehyde in a resin, the more of that formaldehyde will be in the polymeric form. The hydrolysis of these polymers is catalyzed by hydrogen ions. 2.2 The resin sample being analyzed must contain enough free formaldehyde so that the initial reaction with hydroxylamine hydrochloride will produce sufficient hydrogen ions to catalyze the depolymerization of the polymeric formaldehyde within the time limits of the test method. The sample should contain approximately 0.3 grams free formaldehyde to ensure complete reaction within 5 minutes. 3. Apparatus 3.1 Balance, readable to 0.01 g or better. 3.2 pH meter, standardized to pH 4.0 with pH 4.0 buffer and pH 7 with pH 7.0 buffer. 3.3 50-mL burette for 1.0 N sodium hydroxide. 3.4 Magnetic stirrer and stir bars. 3.5 250-mL beaker. 3.6 50-mL graduated cylinder. 3.7 100-mL graduated cylinder. 3.8 Timer. 4. Reagents 4.1 Standardized 1.0 N sodium hydroxide solution. 4.2 Hydroxylamine hydrochloride solution, 100 grams per liter, pH adjusted to 4.00. 4.3 Hydrochloric acid solution, 1.0 N and 0.1 N. 4.4 Sodium hydroxide solution, 0.1 N. 4.5 50/50 v/v mixture of distilled water and methyl alcohol. 5. Procedure 5.1 Determine the sample size as follows: a. If the expected FF is greater than 2 percent, go to Part A to determine sample size. b. If the expected FF is less than 2 percent, go to Part B to determine sample size. c. Part A: Expected FF ≥2 percent. Grams resin = 60/expected percent FF i. The following table shows example levels: Expected % free formaldehyde Sample size, grams 2 30.0 5 12.0 8 7.5 10 6.0 12 5.0 15 4.0 ii. It is very important to the accuracy of the results that the sample size be chosen correctly. If the milliliters of titrant are less than 15 mL or greater than 30 mL, reestimate the needed sample size and repeat the tests. d. Part B: Expected FF <2 percent Grams resin = 30/expected percent FF i. The following table shows example levels: Expected % free formaldehyde Sample size, grams 2 15 1 30 0.5 60 ii. If the milliliters of titrant are less than 5 mL or greater than 30 mL, reestimate the needed sample size and repeat the tests. 5.2 Weigh the resin sample to the nearest 0.01 grams into a 250-mL beaker. Record sample weight. 5.3 Add 100 mL of the methanol/water mixture and stir on a magnetic stirrer. Confirm that the resin has dissolved. 5.4 Adjust the resin/solvent solution to pH 4.0, using the prestandardized pH meter, 1.0 N hydrochloric acid, 0.1 N hydrochloric acid, and 0.1 N sodium hydroxide. 5.5 Add 50 mL of the hydroxylamine hydrochloride solution, measured with a graduated cylinder. Start the timer. 5.6 Stir for 5 minutes. Titrate to pH 4.0 with standardized 1.0 N sodium hydroxide. Record the milliliters of titrant and the normality. 6. Calculations 7. Method Precision and Accuracy Test values should conform to the following statistical precision: Variance = 0.005 Standard deviation = 0.07 95% Confidence Interval, for a single determination = 0.2 8. Author This method was prepared by K. K. Tutin and M. L. Foster, Tacoma R&D Laboratory, Georgia-Pacific Resins, Inc. (Principle written by R. R. Conner.) 9. References 9.1 GPAM 2221.2. 9.2 PR&C TM 2.035. 9.3 Project Report, Comparison of Free Formaldehyde Procedures, January 1990, K. K. Tutin. Appendix C to Subpart NNN of Part 63—Method for the Determination of Product Density 1. Purpose The purpose of this test is to determine the product density of cured blanket insulation. The method is applicable to all cured board and blanket products. 2. Equipment One square foot (12 in. by 12 in.) template, or templates that are multiples of one square foot, for use in cutting insulation samples. 3. Procedure 3.1 Obtain a sample at least 30 in. long across the machine width. Sample should be free of dirt or foreign matter. 3.2 Lay out the cutting pattern according to the plant's written procedure for the designated product. 3.2 Cut samples using one square foot (or multiples of one square foot) template. 3.3 Weigh product and obtain area weight (lb/ft 2 3.4 Measure sample thickness. 3.5 Calculate the product density: Density (lb/ft 3 2 Subpart OOO—National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins Source: 65 FR 3290, Jan. 20, 2000, unless otherwise noted. § 63.1400 Applicability and designation of affected sources. (a) Applicability. (b) Affected source. (1) The total of all amino/phenolic resin process units (APPU); (2) The associated heat exchange systems; (3) Equipment required by, or utilized as a method of compliance with, this subpart which may include control devices and recovery devices; (4) Equipment that does not contain organic hazardous air pollutants (HAP) and is located within an APPU that is part of an affected source; (5) Vessels and equipment storing and/or handling material that contain no organic HAP and/or organic HAP as impurities only; (6) Equipment that is intended to operate in organic HAP service for less than 300 hours during the calendar year; (7) Each waste management unit; and (8) Maintenance wastewater. (c) Existing affected source. (d) New affected source. (1) Each affected source defined in paragraph (b) of this section that commences construction or reconstruction after December 14, 1998; (2) Each additional group of one or more APPU and associated heat exchange systems that has the potential to emit 10 tons per year or more of any organic HAP or 25 tons per year or more of any combination of organic HAP that commences construction after December 14, 1998; or (3) Each group of one or more process units and associated heat exchange systems that are converted to APPUs after December 14, 1998, that has the potential to emit 10 tons per year or more of any organic HAP or 25 tons per year or more of any combination of organic HAP. (e) APPUs without organic HAP. (f) Exemption from equipment leak provisions. (g) Primary product determination and applicability. (1) Applicability determinations for process units producing multiple products. (2) Flexible operations process unit determination based on operating time. (3) Flexible operations process unit determination based on mass production basis. (4) Flexible operations process unit default determination. (5) Annual applicability determination for non-APPUs that have produced amino/phenolic resins. (6) Applicability determination for non-APPUs that have not produced amino/phenolic resins. (7) Redetermination of applicability to APPU that are flexible operations process units. (i) If amino/phenolic resins were not produced for the greatest operating time over the preceding 5-year period or since the date that the process unit began production of any product, whichever is shorter; (ii) If the new primary product, which is not amino/phenolic resins, is subject to another subpart of this part; and (iii) If the owner or operator has notified the Administrator of the pending change in status for the flexible operations process unit, as specified in § 63.1417(h)(4). (8) APPU terminating production of all amino/phenolic resins. (h) Storage vessel applicability determination. (1) If a storage vessel is already subject to another subpart of part 63 on January 20, 2000, said storage vessel shall continue to be assigned to the process unit subject to the other subpart. (2) If a storage vessel is dedicated to a single process unit, the storage vessel shall be assigned to that process unit. (3) If a storage vessel is shared among process units, then the storage vessel shall be assigned to that process unit located on the same plant site as the storage vessel that has the greatest input into or output from the storage vessel (i.e., said process unit has the predominant use of the storage vessel). (4) If predominant use cannot be determined for a storage vessel that is shared among process units, and if one or more of those process units is an APPU subject to this subpart, the storage vessel shall be assigned to any of the APPUs. (5) [Reserved] (6) If the predominant use of a storage vessel varies from year to year, then predominant use shall be determined based on the use as follows: (i) For existing affected sources, use shall be determined based on the following: (A) The year preceding January 20, 2000; or (B) The expected use for the 5 years following January 20, 2000. (ii) For new affected sources, use shall be determined based on the first 5 years after initial start-up. (7) Where the storage vessel is located in a tank farm (including a marine tank farm), the assignment of the storage vessel shall be determined according to paragraphs (h)(7)(i) and (ii) of this section. Only those storage vessels where a portion or all of the input into or output from the storage vessel is hardpiped directly to one or more process units are covered by this paragraph. (i) The storage vessel is assigned to a process unit if the product or raw material entering or leaving the process unit flows directly into (or from) the storage vessel in the tank farm without passing through any intervening storage vessel. An intervening storage vessel means a storage vessel connected by hardpiping both to the process unit and to the storage vessel in the tank farm. (ii) If there are two or more process units that meet the criteria of paragraph (h)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those process units according to the provisions of paragraphs (h)(3) through (6) of this section. (8) If the storage vessel begins receiving material from (or sending material to) a process unit that was not included in the initial determination, or ceases to receive material from (or send material to) a process unit, the owner or operator shall reevaluate the applicability of this subpart to the storage vessel according to the procedures in paragraphs (h)(3) through (7) of this section. (i) Applicability of other subparts to this subpart. (1) After the compliance dates specified in this section, a storage vessel that is assigned to an affected source subject to this subpart that is also subject to and complying with the provisions of 40 CFR part 60, subpart Kb, shall continue to comply with 40 CFR part 60, subpart Kb. After the compliance dates specified in this section, a storage vessel that is assigned to an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart Kb, but the owner or operator has not been required to apply controls as part of complying with 40 CFR part 60, subpart Kb, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said storage vessel shall no longer be subject to 40 CFR part 60, subpart Kb. (2) Affected sources subject to this subpart that are also subject to the provisions of subpart Q of this part shall comply with both subparts. (3) After the compliance dates specified in this section, an affected source subject to this subpart that is also subject to the provisions of 40 CFR part 60, subpart VV, or the provisions of subpart H of this part, is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, said source shall no longer be subject to 40 CFR part 60, subpart VV, or subpart H of this part, as appropriate. (4) After the applicable compliance date specified in this subpart, if a heat exchange system subject to this subpart is also subject to a standard identified in paragraph (i)(4)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraph (i)(4)(i) or (ii) of this section shall constitute compliance with the applicable provisions of this subpart with respect to that heat exchange system. (i) Subpart F of this part. (ii) A subpart of this part that requires compliance with § 63.104 (e.g., subpart U of this part). (5) After the compliance dates specified in this subpart, if any combustion device, recovery device or recapture device subject to this subpart is also subject to monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subparts AA, BB, or CC, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subparts AA, BB, or CC, and the owner or operator complies with the periodic reporting requirements under 40 CFR part 264, subparts AA, BB, or CC, that would apply to the device if the facility had final-permitted status, the owner or operator may elect to comply either with the monitoring, recordkeeping and reporting requirements of this subpart, or with the monitoring, recordkeeping and reporting requirements in 40 CFR parts 264 and/or 265, as described in this paragraph, which shall constitute compliance with the monitoring, recordkeeping and reporting requirements of this subpart. If the owner or operator elects to comply with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, the owner or operator shall report all information required by § 63.1417(f), Periodic Reports, as part of complying with the requirements of 40 CFR parts 264 and/or 265. (j) Applicability of general provisions. (k) Applicability of this subpart. (2) The emission limitations set forth in 40 CFR part 63, subpart UU, as referred to in § 63.1410, shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which § 63.1410 applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions are being routed to such items of equipment if the shutdown would contravene requirements of this subpart applicable to such items of equipment. (4) General duty. [65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20460, Apr. 20, 2006; 79 FR 60929, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018] § 63.1401 Compliance schedule. (a) New affected sources that commence construction or reconstruction after December 14, 1998, shall be in compliance with this subpart (except § 63.1411(c)) upon initial start-up or January 20, 2000, whichever is later. New affected sources that commenced construction or reconstruction after December 14, 1998, but on or before January 9, 2014, shall be in compliance with the pressure relief device monitoring requirements of § 63.1411(c) by October 9, 2017. New affected sources that commence construction or reconstruction after January 9, 2014, shall be in compliance with the pressure relief device monitoring requirements of § 63.1411(c) upon initial startup or by October 8, 2014. (b) Existing affected sources shall be in compliance with this subpart (except §§ 63.1404, 63.1405, and 63.1411(c)) no later than 3 years after January 20, 2000. Existing affected sources shall be in compliance with the storage vessel requirements of § 63.1404 and the pressure relief device monitoring requirements of § 63.1411(c) by October 9, 2017. Existing affected sources shall be in compliance with the continuous process vent requirements of § 63.1405(b) by October 15, 2019. (c) If an affected source using the exemption provided in § 63.1400(f) has an actual annual production of amino/phenolic resins exceeding 800 Mg/yr for any 12-month period, the owner or operator shall comply with the provisions of § 63.1410 for the affected source within 3 years. The starting point for the 3-year compliance time period shall be the end of the 12-month period in which actual annual production for amino/phenolic resins exceeds 800 Mg/yr. (d) Pursuant to section 112(i)(3)(B) of the Clean Air Act, an owner or operator may request an extension allowing the existing affected source up to 1 additional year to comply with section 112(d) standards. For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application or to the Administrator as a separate submittal or as part of the Precompliance Report. (1) Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in paragraphs (a) and (b) of this section and shall include the data described in § 63.6(i)(6)(i)(A), (B), and (D). The dates specified in § 63.6(i) for submittal of requests for extensions shall not apply to this subpart. (2) An owner or operator may submit a compliance extension request less than 120 days prior to the compliance dates specified in paragraphs (a) and (b) of this section provided that the need for the compliance extension arose after that date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information specified in § 63.6(i)(6)(i)(A), (B), and (D), a statement of the reasons additional time is needed and the date when the owner or operator first learned of the circumstances necessitating a request for compliance extension. (e) All terms in this subpart that define a period of time for completion of required tasks (e.g., weekly, monthly, quarterly, annual), unless specified otherwise, refer to the standard calendar periods. (1) Notwithstanding time periods specified in this subpart for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in subpart A of this part (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraph (e)(2)(i) or (ii) of this section, as appropriate: (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided that the task is conducted at a reasonable interval after completion of the task during the previous period. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60929, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018] § 63.1402 Definitions. (a) The following terms used in this subpart shall have the meaning given them in §§ 63.2, 63.101, 63.111, and 63.161 as specified after each term: Act (§ 63.2) Administrator (§ 63.2) Annual average concentration (§ 63.111) Annual average flow rate (§ 63.111) Automated monitoring and recording system (§ 63.111) Boiler (§ 63.111) Bottoms receiver (§ 63.161) By compound (§ 63.111) By-product (§ 63.101) Car-seal (§ 63.111) Closed-vent system (§ 63.111) Combustion device (§ 63.111) Commenced (§ 63.2) Compliance date (§ 63.2) Connector (§ 63.161) Construction (§ 63.2) Continuous monitoring system (§ 63.2) Distillation unit (§ 63.111) Duct work (§ 63.161) Emission standard (§ 63.2) EPA (§ 63.2) External floating roof (§ 63.111) First attempt at repair (§ 63.111) Flame zone (§ 63.111) Floating roof (§ 63.111) Flow indicator (§ 63.111) Fuel gas (§ 63.101) Fuel gas system (§ 63.101) Hard-piping (§ 63.111) Hazardous air pollutant (§ 63.2) Impurity (§ 63.101) In organic hazardous air pollutant service (§ 63.161) Incinerator (§ 63.111) Instrumentation system (§ 63.161) Internal floating roof (§ 63.111) Lesser quantity (§ 63.2) Major source (§ 63.2) Open-ended valve or line (§ 63.161) Operating permit (§ 63.101) Organic monitoring device (§ 63.111) Owner or operator (§ 63.2) Performance evaluation (§ 63.2) Performance test (§ 63.2) Permitting authority (§ 63.2) Plant site (§ 63.101) Potential to emit (§ 63.2) Pressure relief device or valve (§ 63.161) Primary fuel (§ 63.111) Process heater (§ 63.111) Process unit shutdown (§ 63.161) Process wastewater (§ 63.111) Reactor (§ 63.111) Reconstruction (§ 63.2) Routed to a process or route to a process (§ 63.161) Run (§ 63.2) Secondary fuel (§ 63.111) Sensor (§ 63.161) Specific gravity monitoring device (§ 63.111) State (§ 63.2) Surge control vessel (§ 63.161) Temperature monitoring device (§ 63.111) Test method (§ 63.2) Total resource effectiveness (TRE) index value (§ 63.111) Treatment process (§ 63.111) Unit operation (§ 63.101) Visible emission (§ 63.2) (b) All other terms used in this subpart shall have the meaning given them in this section. If a term is defined in § 63.2, § 63.101, § 63.111, or § 63.161 or defined in 40 CFR part 63, subparts SS, UU, or WW and in this section, it shall have the meaning given in this section for purposes of this subpart. Aggregate batch vent stream Amino resin Amino/phenolic resin (1) Amino resin; or (2) Phenolic resin. Amino/phenolic resin. Process unit (APPU) Back-end continuous process vent Batch cycle Batch emission episode Batch mode Batch process vent Batch unit operation Block Combustion device burner Continuous mode Continuous process vent Continuous record Continuous recorder Continuous unit operation Control device Control technology Controlled organic HAP emissions Emission point Equipment Equipment leak Existing process unit Flexible operations process unit Front-end continuous process vent Heat exchange system Highest-HAP recipe Initial start-up Inprocess recycling Maintenance wastewater Malfunction Maximum representative operating conditions Maximum true vapor pressure (1) In accordance with methods described in American Petroleum Institute Publication 2517, Evaporative Loss From External Floating-Roof Tanks (incorporated by reference as specified in § 63.14); or (2) As obtained from standard reference texts; or (3) As determined by the American Society for Testing and Materials Method D2879-83 (incorporated by reference as specified in § 63.14); or (4) Any other method approved by the Administrator. Multicomponent system Net heating value New process unit Non-reactor process vent Non-solvent-based resin On-site On site Operating day Organic hazardous air pollutant(s) (organic HAP) (1) Knowingly produced or introduced into the manufacturing process other than as an impurity; and (2) Listed in Table 2 of subpart F of this part. Phenolic resin Pressure release Process condenser Process unit Process vent Product Reactor process vent Recapture device Recipe Recovery device Safety device Seal Shutdown Solvent-based resin Start-up Steady-state conditions Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels with capacities smaller than 38 cubic meters; (4) Vessels and equipment storing and/or handling material that contains no organic HAP and/or organic HAP as impurities only; (5) Wastewater storage tanks; (6) Surge control vessels or bottoms receivers; and (7) Vessels and equipment storing and/or handling amino/phenolic resin. Supplemental combustion air Uncontrolled organic HAP emissions Vent stream, Waste management unit Wastewater (1) Contains either: (i) An annual average concentration of organic HAP, as indicated on Table 2 of this subpart, of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater; or (ii) An annual average concentration of organic HAP, as indicated on Table 2 of this subpart, of at least 10,000 parts per million by weight at any flow rate. (2) Is discarded from an APPU that is part of an affected source. (3) Does not include: (i) Stormwater from segregated sewers; (ii) Water from fire-fighting and deluge systems in segregated sewers; (iii) Spills; (iv) Water from safety showers; (v) Water from testing of deluge systems; and (vi) Water from testing of firefighting systems. Wastewater stream [65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20460, Apr. 20, 2006; 79 FR 60929, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018] § 63.1403 Emission standards. (a) Provisions of this subpart. (b) Combined emission streams. (1) For any combined vent stream that includes one or more aggregate batch vent streams, comply with the provisions for aggregate batch vent streams. (2) For any combined vent stream that does not include one or more aggregate batch vent streams: (i) Reactor batch process vents and non-reactor batch process vents shall comply with the provisions for reactor batch process vents and non-reactor batch process vents, as appropriate. (ii) The remaining emissions (i.e., storage vessel and/or continuous process vent emissions) included in the combined vent stream shall comply the provisions for storage vessels when storage vessel emissions are included and shall comply with the provisions for continuous process vents in the absence of storage vessel emissions (i.e., when only continuous process vents are included). (c) Compliance for flexible operations process units. (1) When a flexible operations process unit is manufacturing a product in which no organic HAP are used or manufactured, the owner or operator is not required to comply with the provisions of this subpart or with the provisions of subpart A of this part during manufacture of that product. When requested by the Administrator, the owner or operator shall demonstrate that no organic HAP are used or manufactured. (2) When a flexible operations process unit is manufacturing a product subject to subpart GGG of this part, the owner or operator is not required to comply with the provisions of this subpart during manufacture of that product (i.e., a pharmaceutical). [65 FR 3290, Jan. 20, 2000, as amended at 83 FR 51852, Oct. 15, 2018] § 63.1404 Storage vessel provisions. (a) Emission standards. (1) Reduce emissions of total organic HAP by 95 weight-percent. Control shall be achieved by venting emissions through a closed vent system to any combination of control devices meeting the requirements of 40 CFR part 63, subpart SS (national emission standards for closed vent systems, control devices, recovery devices and routing to a fuel gas system or a process). When complying with the requirements of 40 CFR part 63, subpart SS, the following apply for purposes of this subpart: (i) Design evaluations are allowed for control devices that control emission points with total emissions less than 10 tons of organic HAP per year before control (i.e., small control devices). (ii) When 40 CFR part 63, subpart SS refers to specific test methods for the measurement of organic HAP concentration, the test methods presented in § 63.1414(a) shall be used. (iii) The option to measure TOC instead of organic HAP, as a basis for demonstrating compliance, is not allowed. (iv) Excused excursions are not allowed. (v) The provisions in § 63.1403(b), rather than the provisions in § 63.982(f), are to be followed for combined vent streams. (vi) When a scrubber is used as a control device, the owner or operator shall follow the guidance provided in this subpart for design evaluations or performance tests, as appropriate, and for monitoring, recordkeeping, and reporting. (vii) When there are conflicts between the due dates for reports presented in 40 CFR part 63, subpart SS and this subpart, reports shall be submitted according to the due dates presented in this subpart. (viii) When there are conflicts between the recordkeeping and reporting requirements presented in 40 CFR part 63, subpart SS and this subpart, the owner or operator shall either follow both sets of requirements (i.e., follow the requirements in 40 CFR part 63, subpart SS for emission points covered by 40 CFR part 63, subpart SS and follow the requirements of this subpart for emission points covered by this subpart) or shall follow the set of requirements they prefer. If an owner or operator chooses to follow just one set of requirements, the owner or operator shall identify which set of requirements are being followed and which set of requirements are being disregarded in the appropriate report. (2) Comply with the requirements of 40 CFR part 63, subpart WW (national emission standards for storage vessels (control level 2)). When complying with the requirements of 40 CFR part 63, subpart WW, the following apply for purposes of this subpart: (i) When there are conflicts between the due dates for reports presented in 40 CFR part 63, subpart WW and this subpart, reports shall be submitted according to the due dates presented in this subpart. (ii) When there are conflicts between the recordkeeping and reporting requirements presented in 40 CFR part 63, subpart WW and this subpart, the owner or operator shall either follow both sets of requirements (i.e., follow the requirements in 40 CFR part 63, subpart WW for emission points covered by 40 CFR part 63, subpart WW and follow the requirements of this subpart for emission points covered by this subpart) or shall follow the set of requirements they prefer. If an owner or operator chooses to follow just one set of requirements, the owner or operator shall identify which set of requirements are being followed and which set of requirements are being disregarded in the appropriate report. (b) Alternative standard. (c) Whenever gases or vapors containing HAP are routed from a storage vessel through a closed-vent system connected to a control device used to comply with the requirements of paragraph (a) or (b) of this section, the control device must be operating except as provided for in paragraph (c)(1) or (2) of this section. (1) The control device may only be bypassed for the purpose of performing planned routine maintenance of the control device. When the control device is bypassed, the owner or operator must comply with paragraphs (c)(1)(i) through (iii) of this section. (i) The control device may only be bypassed when the planned routine maintenance cannot be performed during periods that storage vessel emissions are vented to the control device. (ii) On an annual basis, the total time that the closed-vent system or control device is bypassed to perform routine maintenance shall not exceed 240 hours per each calendar year. (iii) The level of material in the storage vessel shall not be increased during periods that the closed-vent system or control device is bypassed to perform planned routine maintenance. (2) The gases or vapors containing HAP are routed from the storage vessel through a closed-vent system connected to an alternate control device meeting the requirements of paragraph (a)(1) or the alternative standard in paragraph (b) of this section. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014; 83 FR 51852, Oct. 15, 2018] § 63.1405 Continuous process vent provisions. (a) Emission standards for new affected sources. (1) Vent all emissions of organic HAP to a flare. (2) Reduce emissions of total organic HAP by 85 weight-percent. Control shall be achieved by venting emissions through a closed vent system to any combination of control devices meeting the requirements of 40 CFR part 63, subpart SS (national emission standards for closed vent systems, control devices, recovery devices and routing to a fuel gas system or process). When complying with the requirements of 40 CFR part 63, subpart SS, the following apply for purposes of this subpart: (i) Design evaluations are allowed for control devices that control emission points with total emissions less than 10 tons of organic HAP per year before control (i.e., small control devices). (ii) When 40 CFR part 63, subpart SS refers to specific test methods for the measurement of organic HAP concentration, the test methods presented in § 63.1414(a) shall be used. (iii) The option to measure TOC instead of organic HAP, as a basis for demonstrating compliance, is not allowed. (iv) Excused excursions are not allowed. (v) The provisions in § 63.1403(b), rather than the provisions in § 63.982(f), are to be followed for combined vent streams. (vi) When a scrubber is used as a control device, the owner or operator shall follow the guidance provided in this subpart for design evaluations or performance tests, as appropriate, and for monitoring, recordkeeping, and reporting. (vii) When there are conflicts between the due dates for reports presented in 40 CFR part 63, subpart SS and this subpart, reports shall be submitted according to the due dates presented in this subpart. (viii) When there are conflicts between the recordkeeping and reporting requirements presented in 40 CFR part 63, subpart SS and this subpart, the owner or operator shall either follow both sets of requirements (i.e., follow the requirements in 40 CFR part 63, subpart SS for emission points covered by 40 CFR part 63, subpart SS and follow the requirements of this subpart for emission points covered by this subpart) or shall follow the set of requirements they prefer. If an owner or operator chooses to follow just one set of requirements, the owner or operator shall identify which set of requirements are being followed and which set of requirements are being disregarded in the appropriate report. (b) Emission standards for existing affected sources. (1) Vent all emissions of organic HAP to a flare. (2) Reduce emissions as specified in paragraphs (b)(2)(i) through (iii) of this section, as applicable. (i) The owner or operator of a back-end continuous process vent shall reduce total organic HAP emissions to less than or equal to 4.3 kilograms of total organic HAP per megagram of resin produced (8.6 pounds of total organic HAP per ton of resin produced). (ii) The owner or operator of a front-end reactor continuous process vent shall reduce total organic HAP emissions to less than or equal to 0.28 kilograms of total organic HAP per hour (0.61 pounds of total organic HAP per hour). (iii) The owner or operator of a front-end non-reactor continuous process vent shall reduce total organic HAP emissions to less than or equal to 0.010 kilograms of total organic HAP per hour (0.022 pounds of total organic HAP per hour). (c) Alternative emission standards. (1) For each continuous process vent located at a new affected source, the owner or operator shall vent all organic HAP emissions from a continuous process vent meeting the TRE value specified in paragraph (a) of this section to a non-flare combustion control device achieving an outlet organic HAP concentration of 20 ppmv or less or to a non-combustion control device achieving an outlet organic HAP concentration of 50 ppmv or less. Any continuous process vents that are not vented to a control device meeting these conditions shall be controlled in accordance with the provisions of paragraph (a)(1) or (2) of this section. (2) For each continuous process vent located at an existing affected source, the owner or operator shall vent all organic HAP emissions from a continuous process vent to a non-flare combustion control device achieving an outlet organic HAP concentration of 20 ppmv or less or to a non-combustion control device achieving an outlet organic HAP concentration of 50 ppmv or less. Any continuous process vents that are not vented to a control device meeting these conditions shall be controlled in accordance with the provisions of paragraph (b)(1) or (2) of this section. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014; 83 FR 51853, Oct. 15, 2018] § 63.1406 Reactor batch process vent provisions. (a) Emission standards. (1) The owner or operator of a reactor batch process vent located at a new affected source shall control organic HAP emissions by complying with either paragraph (a)(1)(i), (ii), or (iii) of this section. (i) Vent all emissions of organic HAP to a flare. (ii) Reduce organic HAP emissions for the batch cycle by 95 weight percent using a control device or control technology. (iii) Reduce organic HAP emissions from the collection of all reactor batch process vents within the affected source, as a whole, to 0.0045 kilogram of organic HAP per megagram of product or less for solvent-based resin production, or to 0.0004 kilogram of organic HAP per megagram of product or less for non-solvent-based resin production. (2) The owner or operator of a reactor batch process vent located at an existing affected source shall control organic HAP emissions by complying with either paragraph (a)(2)(i), (ii), or (iii) of this section. (i) Vent all emissions of organic HAP to a flare. (ii) Reduce organic HAP emissions for the batch cycle by 83 weight percent using a control device or control technology. (iii) Reduce organic HAP emissions from the collection of all reactor batch process vents within the affected source, as a whole, to 0.0567 kilogram of organic HAP per megagram of product or less for solvent-based resin production, or to 0.0057 kilogram of organic HAP per megagram of product or less for non-solvent-based resin production. (b) Alternative standard. (c) Use of boiler or process heater. § 63.1407 Non-reactor batch process vent provisions. (a) Emission standards. (2) The owner or operator of a non-reactor batch process vent located at a new affected source shall: (i) Vent all emissions of organic HAP to a flare; or (ii) For the collection of non-reactor batch process vents within the affected source, reduce organic HAP emissions for the batch cycle by 76 weight percent using a control device or control technology. (3) The owner or operator of a non-reactor batch process vent located at an existing affected source shall: (i) Vent all emissions of organic HAP to a flare; or (ii) For the collection of non-reactor batch process vents within the affected source, reduce organic HAP emissions for the batch cycle by 62 weight percent using a control device or control technology. (b) Alternative standard. (1) Control device outlet concentration. (2) Mass emission limit. (c) Use of boiler or process heater. (d) Determining uncontrolled organic HAP emissions. § 63.1408 Aggregate batch vent stream provisions. (a) Emission standards. (1) The owner or operator of an aggregate batch vent stream located at a new affected source shall: (i) Vent all emissions of organic HAP to a flare; or (ii) Reduce organic HAP emissions by 95 weight percent or to a concentration of 20 ppmv when using a combustion control device or to a concentration of 50 ppmv when using a non-combustion control device, whichever is less stringent, on a continuous basis. (2) The owner or operator of an aggregate batch vent stream located at an existing affected source shall: (i) Vent all emissions of organic HAP to a flare; or (ii) Reduce organic HAP emissions by 83 weight percent or to a concentration of 20 ppmv when using a combustion control device or to a concentration of 50 ppmv when using a non-combustion control device, whichever is less stringent, on a continuous basis. (b) Alternative standard. (1) Control device outlet concentration. (2) Mass emission limit. § 63.1409 Heat exchange system provisions. (a) Unless one or more of the conditions specified in paragraphs (a)(1) through (6) of this section are met, owners and operators of sources subject to this subpart shall monitor each heat exchange system used to cool process equipment in an affected source, according to the provisions in either paragraph (b) or (c) of this section. Whenever a leak is detected, the owner or operator shall comply with the requirements in paragraph (d) of this section. (1) The heat exchange system is operated with the minimum pressure on the cooling water side at least 35 kilopascals greater than the maximum pressure on the process side. (2) There is an intervening cooling fluid, containing less than 5 percent by weight of total HAP listed in column A of Table 2 of this subpart, between the process and the cooling water. This intervening fluid serves to isolate the cooling water from the process fluid, and the intervening fluid is not sent through a cooling tower or discharged. For purposes of this section, discharge does not include emptying for maintenance purposes. (3) The once-through heat exchange system is subject to a National Pollution Discharge Elimination System (NPDES) permit with an allowable discharge limit of 1 part per million or less above influent concentration or 10 percent or less above influent concentration, whichever is greater. (4) The once-through heat exchange system is subject to an NPDES permit that: (i) Requires monitoring of a parameter(s) or condition(s) to detect a leak of process fluids into cooling water; (ii) Specifies or includes the normal range of the parameter or condition; (iii) Requires monitoring for the parameters selected as leak indicators no less frequently than monthly for the first 6 months and quarterly thereafter; and (iv) Requires the owner or operator to report and correct leaks to the cooling water when the parameter or condition exceeds the normal range. (5) The recirculating heat exchange system is used to cool process fluids that contain less than 5 percent by weight of total HAP listed in column A of Table 2 of this subpart. (6) The once-through heat exchange system is used to cool process fluids that contain less than 5 percent by weight of total HAP listed in column B of Table 2 of this subpart. (b) The owner or operator who elects to comply with the requirements of paragraph (a) of this section by monitoring the cooling water for the presence of one or more organic HAP or other representative substances whose presence in cooling water indicate a leak shall comply with the requirements specified in paragraphs (b)(1) through (6) of this section. The cooling water shall be monitored for total HAP, total volatile organic compounds, total organic carbon, one or more speciated HAP compounds, or other representative substances that would indicate the presence of a leak in the heat exchange system. (1) The cooling water shall be monitored monthly for the first 6 months and quarterly thereafter to detect leaks. (2)(i) For recirculating heat exchange systems (cooling tower systems), the monitoring of speciated HAP or total HAP refers to the HAP listed in column A of Table 2 of this subpart. (ii) For once-through heat exchange systems, the monitoring of speciated HAP or total HAP refers to the HAP listed in column B of Table 2 of this subpart. (3) The concentration of the monitored substance(s) in the cooling water shall be determined using any EPA-approved method listed in part 136 of this chapter, as long as the method is sensitive to concentrations as low as 10 parts per million and the same method is used for both entrance and exit samples. Alternative methods may be used upon approval by the Administrator. (4) The samples shall be collected either at the entrance and exit of each heat exchange system or at locations where the cooling water enters and exits each heat exchanger or any combination of heat exchangers. (i) For samples taken at the entrance and exit of recirculating heat exchange systems, the entrance is the point at which the cooling water leaves the cooling tower prior to being returned to the process equipment, and the exit is the point at which the cooling water is introduced to the cooling tower after being used to cool the process fluid. (ii) For samples taken at the entrance and exit of once-through heat exchange systems, the entrance is the point at which the cooling water enters, and the exit is the point at which the cooling water exits the plant site or chemical manufacturing process units. (iii) For samples taken at the entrance and exit of each heat exchanger or any combination of heat exchangers, the entrance is the point at which the cooling water enters the individual heat exchanger or group of heat exchangers, and the exit is the point at which the cooling water exits the heat exchanger or group of heat exchangers. (5) A minimum of three sets of samples shall be taken at each entrance and exit as defined in paragraph (b)(4) of this section. The average entrance and exit concentrations shall then be calculated. The concentration shall be corrected for the addition of any makeup water or for any evaporative losses, as applicable. (6) A leak is detected if the exit mean concentration is found to be greater than the entrance mean concentration using a one-sided statistical procedure at the 0.05 level of significance, and the amount by which it is greater is at least 1 part per million or 10 percent of the entrance mean, whichever is greater. (c) The owner or operator who elects to comply with the requirement of paragraph (a) of this section by monitoring using a surrogate indicator of heat exchange system leaks shall comply with the requirements specified in paragraphs (c)(1) through (3) of this section. Surrogate indicators that could be used to develop an acceptable monitoring program are ion specific electrode monitoring, pH, conductivity or other representative indicators. (1) The owner or operator shall prepare and implement a monitoring plan that documents the procedures that will be used to detect leaks of process fluids into cooling water. The plan shall require monitoring of one or more surrogate indicators or monitoring of one or more process parameters or other conditions that indicate a leak. Monitoring that is already being conducted for other purposes may be used to satisfy the requirements of this section. The plan shall include the information specified in paragraphs (c)(1)(i) and (ii) of this section. (i) A description of the parameter or condition to be monitored and an explanation of how the selected parameter or condition will reliably indicate the presence of a leak. (ii) The parameter level(s) or conditions(s) that constitute a leak. This shall be documented by data or calculations showing that the selected levels or conditions will reliably identify leaks. The monitoring must be sufficiently sensitive to determine the range of parameter levels or conditions when the system is not leaking. When the selected parameter level or condition is outside that range, a leak is indicated. (iii) The monitoring frequency which shall be no less frequent than monthly for the first 6 months and quarterly thereafter to detect leaks. (iv) The records that will be maintained to document compliance with the requirements of this section. (2) If a substantial leak is identified by methods other than those described in the monitoring plan and the method(s) specified in the plan could not detect the leak, the owner or operator shall revise the plan and document the basis for the changes. The owner or operator shall complete the revisions to the plan no later than 180 days after discovery of the leak. (3) The owner or operator shall maintain, at all times, the monitoring plan that is currently in use. The current plan shall be maintained on-site, or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. If the monitoring plan is superseded, the owner or operator shall retain the most recent superseded plan at least until 5 years from the date of its creation. The superseded plan shall be retained on-site (or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after its creation. (d) If a leak is detected according to the criteria of paragraph (b) or (c) of this section, the owner or operator shall comply with the requirements in paragraphs (d)(1) and (2) of this section, except as provided in paragraph (e) of this section. (1) The leak shall be repaired as soon as practical but not later than 45 calendar days after the owner or operator receives results of monitoring tests indicating a leak. The leak shall be repaired unless the owner or operator demonstrates that the results are due to a condition other than a leak. (2) Once the leak has been repaired, the owner or operator shall confirm that the heat exchange system has been repaired within 7 calendar days of the repair or startup, whichever is later. (e) Delay of repair of heat exchange systems for which leaks have been detected is allowed if the equipment is isolated from the process. Delay of repair is also allowed if repair is technically infeasible without a shutdown and any one of the conditions in paragraph (e)(1) or (2) of this section are met. All time periods in paragraphs (e)(1) and (2) of this section shall be determined from the date when the owner or operator determines that delay of repair is necessary. (1) If a shutdown is expected within the next 2 months, a special shutdown before that planned shutdown is not required. (2) If a shutdown is not expected within the next 2 months, the owner or operator may delay repair as provided in paragraph (e)(2)(i) or (ii) of this section. Documentation of a decision to delay repair shall state the reasons repair was delayed and shall specify a schedule for completing the repair as soon as practical. (i) If a shutdown for repair would cause greater emissions than the potential emissions from delaying repair, the owner or operator may delay repair until the next shutdown of the process equipment associated with the leaking heat exchanger. The owner or operator shall document the basis for the determination that a shutdown for repair would cause greater emissions than the emissions likely to result from delaying repair as specified in paragraphs (e)(2)(i)(A) and (B) of this section. (A) The owner or operator shall calculate the potential emissions from the leaking heat exchanger by multiplying the concentration of total HAP listed in column A of Table 2 of this subpart in the cooling water from the leaking heat exchanger by the flowrate of the cooling water from the leaking heat exchanger by the expected duration of the delay. The owner or operator may calculate potential emissions using total organic carbon concentration instead of total HAP listed in column A of Table 2 of this subpart. (B) The owner or operator shall determine emissions from purging and depressurizing the equipment that will result from the unscheduled shutdown for the repair. (ii) If repair is delayed for reasons other than those specified in paragraph (e)(2)(i) of this section, the owner or operator may delay repair up to a maximum of 120 calendar days. The owner shall demonstrate that the necessary parts or personnel were not available. § 63.1410 Equipment leak provisions. The owner or operator of each affected source shall comply with the requirements of 40 CFR part 63, subpart UU for all equipment, as defined under § 63.1402, that contains or contacts 5 weight-percent HAP or greater and operates 300 hours per year or more, except § 63.1030. The weight-percent HAP is determined for equipment using the organic HAP concentration measurement methods specified in § 63.1414(a). When complying with the requirements of 40 CFR part 63, subpart SS, as referred to by 40 CFR part 63, subpart UU, the following apply for purposes of this subpart: (a) Design evaluations are allowed for control devices that control emission points with total emissions less than 10 tons of organic HAP per year before control (i.e., small control devices). (b) When 40 CFR part 63, subpart SS refers to specific test methods for the measurement of organic HAP concentration, the test methods presented in § 63.1414(a) shall be used. (c) The option to measure TOC instead of organic HAP, as a basis for demonstrating compliance, is not allowed. (d) Excused excursions are not allowed. (e) The provisions in § 63.1403(b), rather than the provisions in § 63.982(f), are to be followed for combined vent streams. (f) When a scrubber is used as a control device, the owner or operator shall follow the guidance provided in this subpart for design evaluations or performance tests, as appropriate, and for monitoring, recordkeeping, and reporting. (g) When there are conflicts between the due dates for reports presented in 40 CFR part 63, subpart SS and this subpart, reports shall be submitted according to the due dates presented in this subpart. (h) When there are conflicts between the recordkeeping and reporting requirements presented in 40 CFR part 63, subpart SS and this subpart, the owner or operator shall either follow both sets of requirements (i.e., follow the requirements in 40 CFR part 63, subpart SS for emission points covered by 40 CFR part 63, subpart SS and follow the requirements of this subpart for emission points covered by this subpart) or shall follow the set of requirements they prefer. If an owner or operator chooses to follow just one set of requirements, the owner or operator shall identify which set of requirements are being followed and which set of requirements are being disregarded in the appropriate report. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60930, Oct. 8, 2014] § 63.1411 Requirements for pressure relief devices. Except as specified in paragraph (d) of this section, the owner or operator must comply with the requirements specified in paragraphs (a) and (b) of this section for pressure relief devices in organic HAP gas or vapor service. Except as specified in paragraph (d) of this section, the owner or operator must also comply with the requirements specified in paragraph (c) of this section for all pressure relief devices in organic HAP service. (a) Operating requirements. (b) Pressure release requirements. (1) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as described in Method 21 of 40 CFR part 60, appendix A, no later than 5 calendar days after the pressure relief device returns to organic HAP service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in § 63.1024(d). (2) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in § 63.1024(d). (c) Pressure release management. (1) The owner or operator must equip each pressure relief device in organic HAP service with a device(s) or parameter monitoring system that is capable of: (i) Identifying the pressure release; (ii) Recording the time and duration of each pressure release; and (iii) Notifying operators immediately that a pressure release is occurring. The device or monitoring system may be either specific to the pressure relief device itself or may be associated with the process system or piping sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (2) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.1417(f)(13)(iii). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (d) Pressure relief devices routed to a control device, process, fuel gas system, or drain system. [79 FR 60930, Oct. 8, 2014] § 63.1412 Continuous process vent applicability assessment procedures and methods. (a) General. (b) Sampling sites. (1) Sampling site location. (2) Sampling site selection method. (c) Applicability assessment requirement. (d) Exceptions. (1) Causing damage to equipment; (2) Necessitating that the owner or operator make a product that does not meet an existing specification for sale to a customer; or (3) Necessitating that the owner or operator make a product in excess of demand. (e) Organic HAP concentration. (f) Volumetric flow rate. (g) Heating value. (1) The net heating value of the continuous process vent shall be calculated using Equation 1: Where: H T S K 1 −7 −1 D j H j (2) The molar composition of the process vent (D j (i) The methods specified in § 63.1414(a) to measure the concentration of each organic compound. (ii) American Society for Testing and Materials D1946-90 (Reapproved 1994) (incorporated by reference, see § 63.14) to measure the concentration of carbon monoxide and hydrogen. (iii) Method 4 of 40 CFR part 60, appendix A to measure the moisture content of the stack gas. (h) Organic HAP emission rate. Where: E = Emission rate of organic HAP in the sample, kilograms per hour. K 2 −6 −1 n = Number of components in the sample. C J M j Q S (i) [Reserved] (j) TRE index value. (1) TRE index value equation. Where: TRE = TRE index value. A, B, C = Coefficients presented in table 7 of this subpart. E HAP Q S H T (2) TRE index calculation. (k) Engineering assessment. (1) If the TRE index value calculated using engineering assessment is greater than 4.0, the owner or operator is not required to perform the measurements specified in paragraphs (e) through (h) of this section. (2) If the TRE index value calculated using engineering assessment is less than or equal to 4.0, the owner or operator is required either to perform the measurements specified in paragraphs (e) through (h) of this section for control applicability assessment or comply with the control requirements specified in § 63.1405(a). (3) Engineering assessment includes, but is not limited to, the following examples: (i) Previous test results, provided the tests are representative of current operating practices. (ii) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (iii) Maximum volumetric flow rate, organic HAP emission rate, organic HAP concentration, or net heating value limit specified or implied within a permit limit applicable to the continuous process vent. (iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to, the following: (A) Use of material balances based on process stoichiometry to estimate maximum organic HAP concentrations; (B) Estimation of maximum volumetric flow rate based on physical equipment design such as pump or blower capacities; (C) Estimation of organic HAP concentrations based on saturation conditions; and (D) Estimation of maximum expected net heating value based on the stream concentration of each organic compound. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60931, Oct. 8, 2014; 83 FR 51853, Oct. 15, 2018] § 63.1413 Compliance demonstration procedures. (a) General. e.g., e.g., (1) Large control devices and small control devices. (i) Large control devices. (ii) Small control devices. (iii) Uncontrolled continuous process vents. (2) Performance tests. (i) Additional control devices not requiring performance tests. (A) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (B) A boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel. (C) A boiler or process heater burning hazardous waste for which the owner or operator: ( 1 ( 2 (D) A hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (E) A control device for which a performance test was already conducted for determining compliance with another regulation promulgated by the EPA, provided the test was conducted using the same Methods specified in this section, and either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. Parameter monitoring levels established based on such a performance test may be used for purposes of demonstrating continuous compliance with this subpart. (ii) Exceptions to performance test requirements in the General Provisions. (B) When § 63.7(g) references the Notification of Compliance Status requirements in § 63.9(h), the requirements in § 63.1417(e) shall apply for purposes of this subpart. (C) Performance tests shall be performed no later than 150 days after the compliance dates specified in this subpart (i.e., in time for the results to be included in the Notification of Compliance Status), rather than according to the time periods in § 63.7(a)(2). (3) Design evaluations. (i) For a scrubber, the design evaluation shall consider the vent stream composition, constituent concentrations, liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, temperature, and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent stream organic compound concentration level and include the additional information in paragraphs (a)(3)(i)(A) and (B) of this section for trays and a packed column scrubber: (A) Type and total number of theoretical and actual trays; and (B) Type and total surface area of packing for entire column, and for individual packed sections if column contains more than one packed section. (ii) For a condenser, the design evaluation shall consider the vent stream flow rate, relative humidity, and temperature and shall establish the design outlet organic HAP compound concentration level, design average temperature of the condenser exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. The temperature of the gas stream exiting the condenser shall be measured and used to establish the outlet organic HAP concentration. (iii) For a carbon adsorption system that regenerates the carbon bed directly onsite in the control device, such as a fixed-bed adsorber, the design evaluation shall consider the vent stream flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon. For vacuum desorption, the pressure drop shall be included. (iv) For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device, such as a carbon canister, the design evaluation shall consider the vent stream mass or volumetric flow rate, relative humidity, and temperature and shall establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule. (v) For an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 C, the design evaluation shall document that these conditions exist. (vi) For a combustion control device that does not satisfy the criteria in paragraph (a)(3)(v) of this section, the design evaluation shall address the following characteristics, depending on the type of control device: (A) For a thermal vapor incinerator, the design evaluation shall consider the autoignition temperature of the organic HAP, shall consider the vent stream flow rate, and shall establish the design minimum and average temperature in the combustion zone and the combustion zone residence time. (B) For a catalytic vapor incinerator, the design evaluation shall consider the vent stream flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet. (C) For a boiler or process heater, the design evaluation shall consider the vent stream flow rate, shall establish the design minimum and average flame zone temperatures and combustion zone residence time, and shall describe the method and location where the vent stream is introduced into the flame zone. (4) Establishment of parameter monitoring levels. (i) Establishment of parameter monitoring levels based on performance tests Emission points other than batch process vents. (B) Aggregate batch vent streams. (C) Batch process vents. 1 2 ( 1 ( i ( ii ( iii ( iv ( v ( 2 1 1 i v ( 3 (ii) Establishment of parameter monitoring levels based on performance tests, engineering assessments, and/or manufacturer's recommendations. (b) Initial and continuous compliance for storage vessels. (2) Initial compliance with the work practice standard specified in § 63.1404(a)(2) shall be demonstrated following the procedures in 40 CFR part 63, subpart WW. (3) Continuous compliance with the percent reduction standard specified in § 63.1404(a)(1) shall be demonstrated following the procedures in 40 CFR part 63, subpart SS. (4) Continuous compliance with the work practice standard specified in § 63.1404(a)(2) shall be demonstrated following the procedures in 40 CFR part 63, subpart WW. (5) Initial and continuous compliance with the alternative standard specified in § 63.1404(b) shall be demonstrated following the procedures in paragraph (f) of this section. (c) Initial and continuous compliance for continuous process vents. (2) Initial compliance with § 63.1405(a)(1) or (b)(1) (venting of emissions to a flare) shall be demonstrated following the procedures specified in paragraph (g) of this section. (3) Continuous compliance with the percent reduction standard specified in § 63.1405(a)(2) shall be demonstrated following the procedures in 40 CFR part 63, subpart SS. (4) Continuous compliance with § 63.1405(a)(1) or (b)(1) (venting of emissions to a flare) shall be demonstrated following the continuous monitoring procedures specified in § 63.1415. (5) Initial and continuous compliance with the production-based emission limit specified in § 63.1405(b)(2)(i) shall be demonstrated following the procedures in paragraph (h)(1) of this section. (6) Initial and continuous compliance with the emission rate limits specified in § 63.1405(b)(2)(ii) and (iii) shall be demonstrated following the procedures of either paragraphs (c)(6)(i) or (ii) of this section. (i) Continuous process vents meeting the emission rate limit using a closed vent system and a control device or recovery device or by routing emissions to a fuel gas system or process shall follow the procedures in 40 CFR part 63, subpart SS. When complying with the requirements of 40 CFR part 63, subpart SS, the following apply for purposes of this subpart: (A) The requirements specified in of § 63.1405 (a)(2)(i) through (viii). (B) When 40 CFR part 63, subpart SS refers to meeting a weight-percent emission reduction or ppmv outlet concentration requirement, meeting an emission rate limit in terms of kilograms of total organic HAP per hour shall also apply. (ii) Continuous process vents meeting the emission rate limit by means other than those specified in paragraph (c)(6)(i) of this section shall follow the procedures specified in paragraph (h)(2) of this section. (7) Initial and continuous compliance with the alternative standards specified in § 63.1405(c) shall be demonstrated following the procedures in paragraph (f) of this section. (d) Initial and continuous compliance for aggregate batch vent streams. (2) Initial compliance with § 63.1408(a)(1)(i) and (2)(i) (venting of emissions to a flare) shall be demonstrated following the procedures specified in paragraph (g) of this section. (3) Continuous compliance with the percent reduction standard specified in § 63.1408(a)(1)(ii) and (2)(ii) shall be demonstrated following the procedures for continuous process vents specified in paragraph (c)(3) of this section. (4) Continuous compliance with § 63.1408(a)(1)(i) and (a)(2)(i) (venting of emissions to a flare) shall be demonstrated following the continuous monitoring procedures specified in § 63.1415. (5) Initial and continuous compliance with the alternative standard specified in § 63.1408(b)(1) shall be demonstrated following the procedures in paragraph (f) of this section. (6) Initial and continuous compliance with the mass emission limit specified in § 63.1408(b)(2) shall be demonstrated following the procedures in paragraph (e)(2) of this section. (e) Initial and continuous compliance for batch process vents Compliance with percent reduction standards. (i) Design evaluation. (A) Each batch emission episode. (B) One or more representative batch emission episodes. (ii) Performance test. (A) Testing each batch emission episode. ( 1 ( 2 ( 3 ( 4 4 i ii ( i ( ii (B) Testing only the most challenging batch emission episode. ( 1 2 4 ( 2 ( 3 (iii) Batch cycle percent reduction. Where: PR = Percent reduction. E unc E inlet, con R = Control efficiency of control device as specified in paragraphs (e)(1)(iii)(A) through (e)(1)(iii)(C) of this section. The value of R may vary between batch emission episodes. n = Number of uncontrolled batch emission episodes, controlled batch emission episodes, and control devices. The value of n is not necessarily the same for these three items. (A) When conducting a performance test, the control efficiency of the control device shall be determined following the procedures in § 63.1414(b)(4). (B) For combustion control devices listed in paragraphs (a)(2)(i)(A) and (B) of this section and for flares, the control efficiency in Equation 1 of this section shall be 98 percent. (C) If a performance test is not required, the control efficiency shall be based on the design evaluation specified in paragraph (e)(1)(i) of this section. (D) For batch process vents estimated through engineering assessment, as described in § 63.1414(f)(6), to emit less than 10 tons per year of uncontrolled organic HAP emissions, the owner or operator may use in Equation 1 of this section the emissions determined using engineering assessment or may determine organic HAP emissions using any of the procedures specified in § 63.1414(d). (E) For batch process vents estimated through engineering assessment, as described in § 63.1414(d)(6), to emit 10 tons per year or greater of uncontrolled organic HAP emissions, organic HAP emissions shall be estimated following the procedures specified in § 63.1414(d). (F) Owners or operators designating a condenser, sometimes operated as a process condenser, as a control device shall conduct inprocess recycling and follow the recordkeeping requirements specified in § 63.1416(d)(1)(vi). (iv) Initial compliance with percent reduction standards. (v) Continuous compliance with percent reduction standards. (2) Compliance with mass emission limit standards. (i) If production at an affected source is exclusively non-solvent-based amino/phenolic resin or is exclusively solvent-based amino/phenolic resin, or an owner or operator chooses to meet the non-solvent-based emission limit, the owner or operator shall demonstrate initial and continuous compliance as follows: (A) Initial compliance. (B) Continuous compliance. (C) Procedures to determine the monthly emission rate. Where: ER = Emission rate of organic HAP from reactor batch process vents, kg of HAP/Mg product. E i RP m 4 n = Number of batch process vents. ( 1 i cyclei 2 3 cyclei i cyclei cyclei cyclei 2 3 Where: E i N i E cyclei 2 3 n = Number of different types of batch cycles that cause the emission of organic HAP from the batch process vent. ( 2 ( 3 ( i ( ii ( iii 3 ii 3 i ( 4 M (ii) If production at an affected source reflects a mix of solvent-based and non-solvent-based resin and the owner or operator does not choose to meet the non-solvent-based emission limit specified in § 63.1406 (a)(1)(iii) or (a)(2)(iii), as applicable, the owner or operator shall demonstrate initial and continuous compliance as follows: (A) Procedures for determining a site-specific emission limit. Where: SSEL = Site specific emission limit, kg of organic HAP/Mg of product. MGs = Megagrams of solvent-based resin product produced, megagrams. MGns = Megagrams of non-solvent-based resin product produced, megagrams. ELs = Emission limit for solvent-based resin product, kg organic HAP/Mg solvent-based resin product. ELns = Emission limit for non-solvent-based resin product, kg organic HAP/Mg non-solvent-based resin product. (B) Initial compliance. (C) Continuous compliance. (3) Compliance by venting to a flare. (4) Compliance with alternative standard. (f) Compliance with alternative standard. (g) Flare compliance demonstrations. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4). (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6). (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8), as appropriate. (h) Continuous process vent compliance at existing sources. (i) Initial compliance. (ii) Continuous compliance. (2) As required by paragraph (c)(6)(ii) of this section, each owner or operator complying with the emission rate limits specified in § 63.1405(b)(2)(ii) and (iii), as applicable, by means other than those specified in paragraph (c)(6)(i) of this section, shall determine initial compliance as specified in paragraph (h)(2)(i) of this section and continuous compliance as specified in paragraph (h)(2)(ii) of this section. (i) Initial compliance. (ii) Continuous compliance. (3) Procedures to determine continuous compliance with the mass emission limit specified in § 63.1405(b)(2)(i). Where: ER = Emission rate of organic HAP from continuous process vent, kg of HAP/Mg product. E i RP m (ii) The daily emission rate of organic HAP, in kilograms per day, from an individual continuous process vent (Ei) shall be determined. Once organic HAP emissions have been estimated, as specified in paragraph (h)(3)(ii)(A) of this section for uncontrolled continuous process vents or paragraphs (h)(3)(ii)(A) and (B) of this section for continuous process vents vented to a control device or control technology, the owner or operator may use the estimated organic HAP emissions (Ei) until the estimated organic HAP emissions are no longer representative due to a process change or other reason known to the owner or operator. If organic HAP emissions (Ei) are determined to no longer be representative, the owner or operator shall redetermine organic HAP emissions for the continuous process vent following the procedures in paragraph (h)(3)(ii)(A) of this section for uncontrolled continuous process vents or paragraphs (h)(3)(ii)(A) and (B) of this section for continuous process vents vented to a control device or control technology. (A) For continuous process vents estimated through engineering assessment, as described in § 63.1414(d)(10), to emit less than 10 tons per year of uncontrolled organic HAP emissions, the owner or operator may use the emissions determined using engineering assessment in Equation 5 of this section or may determine organic HAP emissions using the procedures specified in paragraph (a)(1)(i) of this section. For continuous process vents estimated through engineering assessment, as described in § 63.1414(d)(10), to emit 10 tons per year or greater of uncontrolled organic HAP emissions, uncontrolled organic HAP emissions shall be estimated following the procedures specified in paragraph (a)(1)(i) of this section. (B) For continuous process vents vented to a control device or control technology, controlled organic HAP emissions shall be determined as follows: ( 1 ( 2 ( 3 2 1 (iii) The rate of resin produced, RP M (4) Procedures to determine continuous compliance with the emission rate limit specified in § 63.1405(b)(2)(ii) or (iii). Where: E H K 2 −6 −1 n = Number of components in the sample. C J M j Q S (ii) The average hourly emission rate, kilograms of organic HAP per hour, shall be determined for each operating day using Equation 7 of this section: Where: AE = Average hourly emission rate per operating day, kilograms per hour. n = Number of hours in the operating day. (ii) Continuous process vent flow rate and organic HAP concentration shall be determined using the procedures specified in § 63.1414(a), or by using the engineering assessment procedures in paragraph (h)(4)(iii) of this section. (iii) Engineering assessment. (A) Previous test results, provided the tests are representative of current operating practices. (B) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (C) Maximum volumetric flow rate or organic HAP concentration specified or implied within a permit limit applicable to the continuous process vent. (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to, the following: ( 1 ( 2 (i) Deviations. (1) Deviations from the emission limit. (i) Exceedance of the condenser outlet gas temperature limit (i.e., having an average value higher than the established maximum level) monitored according to the provisions of § 63.1415(b)(3); (ii) Exceedance of the outlet concentration (i.e., having an average value higher than the established maximum level) monitored according to the provisions of § 63.1415(b)(8); (iii) Exceedance of the mass emission limit ( i.e., (iv) Exceedance of the organic HAP outlet concentration limit ( i.e., (v) Exceedance of the emission rate limit ( i.e., (2) Deviations from the operating limit. (i) The parameter, averaged over the operating day or block, is below a minimum value established during the initial compliance demonstration; or (ii) The parameter, averaged over the operating day or block, is above the maximum value established during the initial compliance demonstration. (3) Deviations from the work practice standard. (4) Deviation from the emission standard. (i) The period of control device or control technology operation is 4 hours or greater in an operating day, and monitoring data are insufficient to constitute a valid hour of data, as defined in paragraph (i)(4)(iii) of this section, for at least 75 percent of the operating hours; (ii) The period of control device or control technology operation is less than 4 hours in an operating day, and more than one of the hours during the period of operation does not constitute a valid hour of data due to insufficient monitoring data; and (iii) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (i)(4)(i) and (ii) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. For data compression systems approved under § 63.1417(k)(3), monitoring data are insufficient to calculate a valid hour of data if there are less than four data measurements made during the hour. (5) Situations that are not deviations. (i) Monitoring data cannot be collected during monitoring device calibration check or monitoring device malfunction; or (ii) Monitoring data are not collected during periods of nonoperation of the affected source or portion thereof (resulting in cessation of the emissions to which the monitoring applies). (6) Periods not considered to be part of the period of control or recovery device operation. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of nonoperation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. [65 FR 3290, Jan. 20, 2000, as amended at 65 FR 8768, Feb. 22, 2000; 71 FR 20460, Apr. 20, 2006; 79 FR 60931, Oct. 8, 2014; 83 FR 51853, Oct. 15, 2018] § 63.1414 Test methods and emission estimation equations. (a) Test methods. (1) Method 1 or 1A, 40 CFR part 60, appendix A, shall be used for selection of the sampling sites if the flow measuring device is a pitot tube, except that references to particulate matter in Method 1A do not apply for the purposes of this subpart. No traverse is necessary when Method 2A or 2D, 40 CFR part 60, appendix A is used to determine gas stream volumetric flow rate. (2) Method 2, 2A, 2C, or 2D, 40 CFR part 60, appendix A, is used for velocity and volumetric flow rates. (3) Method 3, 40 CFR part 60, appendix A, is used for gas analysis. (4) Method 4, 40 CFR part 60, appendix A, is used for stack gas moisture. (5) The following methods shall be used to determine the organic HAP concentration. (i) Method 316 or Method 320, 40 CFR part 60, appendix A, shall be used to determine the concentration of formaldehyde. (ii) Method 18, 40 CFR part 60, appendix A, shall be used to determine the concentration of all organic HAP other than formaldehyde. (iii) Method 308, 40 CFR part 60, appendix A, may be used as an alternative to Method 18 to determine the concentration of methanol. (6) When complying with the alternative standard, as specified in § 63.1413(f), the owner or operator shall use a Fourier Transform Infrared Spectroscopy (FTIR) instrument following Method PS-15, 40 CFR part 60, appendix B. (b) Batch process vent performance testing procedures Average batch vent flow rate determination. Where: AFR episode FR i n = Number of flow rate measurements taken during the batch emission episode. (2) Average batch vent concentration determination using an integrated sample. Where: E episode K = Constant, 2.494 × 10 −6 −1 C j M j AFR = Average batch vent flow rate of gas stream, dry basis, scmm. T h n = Number of organic HAP in stream. (3) Average batch vent concentration determination using grab samples. (i) For each measurement point, the emission rate shall be calculated using Equation 3 of this section: Where: E point K = Constant, 2.494 × 10 −6 −1 C j M j FR = Flow rate of gas stream for the measurement point, dry basis, scmm. n = Number of organic HAP in stream. (ii) The organic HAP emissions per batch emission episode shall be calculated using Equation 4 of this section: Where: episode DUR = Duration of the batch emission episode, hr/episode. E i n = Number of measurements. (4) Control device efficiency determination for a batch emission episode. Where: R = Control efficiency of control device, percent. E inlet E outlet n = Number of batch emission episodes in the batch cycle selected to be controlled. (c) Percent oxygen correction for combustion control devices. 20 c Where: C c C m %0 2d (d) Uncontrolled organic HAP emissions. (1) Emissions from purging of empty vessels. Where: E episode V ves 3 P = Total organic HAP partial pressure, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. m = Number of volumes of purge gas used. (2) Emissions from purging of filled vessels. Where: E episode y = Saturated mole fraction of all organic HAP in vapor phase. V dr 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. P i x i n = Number of organic HAP in stream. T m (3) Emissions from vapor displacement. Where: E episode y = Saturated mole fraction of all organic HAP in vapor phase. V = Volume of gas displaced from the vessel, m 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of vessel vapor space, K. (4) Emissions from heating of vessels. (i) If the final temperature to which the vessel contents is heated is lower than 50 K below the boiling point of the HAP in the vessel, then organic HAP emissions shall be calculated using the equations in paragraphs (d)(4)(i)(A) through (D) of this section. (A) Organic HAP emissions caused by heating of a vessel shall be calculated using Equation 10 of this section. The assumptions made for this calculation are atmospheric pressure of 760 millimeters of mercury (mm Hg) and the displaced gas is always saturated with volatile organic compounds (VOC) vapor in equilibrium with the liquid mixture: Where: E episode (P i T1 i T2 n = Number of organic HAP in stream. Δη = Number of kilogram-moles (kg-moles) of gas displaced, determined in accordance with paragraph (d)(4)(i)(B) of this section. 101.325 = Constant, kPa. (MW WAVG, T1 WAVG, T2 (B) The moles of gas displaced, Δ, is calculated using Equation 11 of this section: Where: Δη = Number of kg-moles of gas displaced. V fs 3 R = Ideal gas constant, 8.314 m 3 Pa 1 Pa 2 T 1 T 2 (C) The initial and final pressure of the noncondensible gas in the vessel shall be calculated using Equation 12 of this section: Where: Pa = Initial or final partial pressure of noncondensible gas in the vessel headspace, kPa. 101.325 = Constant, kPa. (P i T n = Number of organic HAP in stream. (D) The weighted average molecular weight of organic HAP in the displaced gas, MW wavg Where: C = Organic HAP component n = Number of organic HAP components in stream. (ii) If the vessel contents are heated to a temperature greater than 50 K below the boiling point, then organic HAP emissions from the heating of a vessel shall be calculated as the sum of the organic HAP emissions calculated in accordance with paragraphs (d)(4)(ii)(A) and (B) of this section. (A) For the interval from the initial temperature to the temperature 50 K below the boiling point, organic HAP emissions shall be calculated using Equation 10 of this section, where T 2 (B) For the interval from the temperature 50 K below the boiling point to the final temperature, organic HAP emissions shall be calculated as the summation of emissions for each 5 K increment, where the emissions for each increment shall be calculated using Equation 10 of this section. ( 1 ( 2 ( 3 (iii) If the vessel is operating with a condenser, and the vessel contents are heated to the boiling point, the process condenser, as defined in § 63.1402, is considered part of the process. Organic HAP emissions shall be calculated as the sum of emissions calculated using Equation 10 of this section, which calculates organic HAP emissions due to heating the vessel contents to the temperature of the gas exiting the condenser, and emissions calculated using Equation 9 of this section, which calculates emissions due to the displacement of the remaining saturated noncondensible gas in the vessel. The final temperature in Equation 10 of this section shall be set equal to the exit gas temperature of the condenser. Equation 9 of this section shall be used as written below in Equation 14 of this section, using free space volume, and T is set equal to the condenser exit gas temperature: Where: E episode y = Saturated mole fraction of all organic HAP in vapor phase. V fs 3 P = Pressure in vessel vapor space, kPa. MW wavg R = Ideal gas constant, 8.314 m 3 T = Temperature of condenser exit stream, K. (5) Emissions determined by direct measurement. (6) Emissions determined by engineering assessment. (i) If the criteria specified in paragraphs (d)(6)(i)(A), (B), and (C) of this section are met for a specific batch emission episode, the owner or operator may use engineering assessment to estimate organic HAP emissions from that batch emission episode. (A) Previous test data, where the measurement of organic HAP emissions was an outcome of the test, that show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (d)(1) through (4) of this section. Paragraphs (d)(6)(i)(A)( 1 2 ( 1 ( 2 (B) Previous test data for the batch emission episode with the highest organic HAP emissions on a mass basis where the measurement of organic HAP emissions was an outcome of the test, where data were obtained during the production of the product for which the demonstration is being made, and where the data show a greater than 20 percent discrepancy between the test value and the value estimated using the applicable equations in paragraphs (d)(1) through (4) of this section. If the criteria in this paragraph are met, then engineering assessment may be used for all batch emission episodes associated with that batch cycle for the batch unit operation. (C) The owner or operator has requested and been granted approval to use engineering assessment to estimate organic HAP emissions from a batch emissions episode. The request to use engineering assessment to estimate organic HAP emissions from a batch emissions episode shall contain sufficient information and data to demonstrate to the Administrator that engineering assessment is an accurate means of estimating organic HAP emissions for that particular batch emissions episode. The request to use engineering assessment to estimate organic HAP emissions for a batch emissions episode shall be submitted in the Precompliance Report, as required by § 63.1417(d). (ii) Engineering assessment includes, but is not limited to, the following: (A) Previous test results, provided the tests are representative of current operating practices; (B) Bench-scale or pilot-scale test data obtained under conditions representative of current process operating conditions; (C) Flow rate or organic HAP emission rate specified or implied within a permit limit applicable to the batch process vent; and (D) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: ( 1 ( 2 ( 3 ( 4 (iii) Data or other information used to demonstrate that the criteria in paragraph (d)(6)(i) of this section have been met shall be reported as specified in paragraphs (d)(6)(iii)(A) and (B) of this section. (A) Data or other information used to demonstrate that the criteria in paragraphs (d)(6)(i)(A) and (B) of this section have been met shall be reported in the Notification of Compliance Status, as required by § 63.1417(e)(9). (B) The request for approval to use engineering assessment to estimate organic HAP emissions from a batch emissions episode as allowed under paragraph (d)(6)(i)(C) of this section, and sufficient data or other information for demonstrating to the Administrator that engineering assessment is an accurate means of estimating organic HAP emissions for that particular batch emissions episode shall be submitted with the Precompliance Report, as required by § 63.1417(d). (7) Emissions for a single batch cycle. Where: E cycle E episodei n = Number of batch emission episodes for the batch cycle. (8) Annual emissions from a batch process vent. Where: AE = Annual emissions from a batch process vent, kg/yr. N i E cycle i n = Number of different types of batch cycles that cause the emission of organic HAP from the batch process vent. (9) Partial pressures in multicomponent systems. (i) If the components are miscible, use Raoult's law to calculate the partial pressures; (ii) If the solution is a dilute aqueous mixture, use Henry's law constants to calculate partial pressures; (iii) If Raoult's law or Henry's law is not appropriate or available, the owner or operator may use any of the options in paragraph (d)(9)(iii)(A), (B), or (C) of this section. (A) Experimentally obtained activity coefficients, Henry's law constants, or solubility data; (B) Models, such as group-contribution models, to predict activity coefficients; or (C) Assume the components of the system behave independently and use the summation of all vapor pressures from the HAPs as the total HAP partial pressure. (10) For continuous process vent emissions determined by engineering assessment, the engineering assessment includes, but is not limited to, the examples provided in § 63.1412(k)(3). [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60932, Oct. 8, 2014] § 63.1415 Monitoring requirements. (a) General requirements. (1) This monitoring equipment shall be in operation at all times when organic HAP emissions that are required to be controlled as part of complying with the emission limits specified in §§ 63.1404, 63.1405, 63.1406, 63.1407, and 63.1408 are vented to the control device. (2) For control devices controlling less than 1 ton per year of uncontrolled organic HAP emissions, monitoring shall consist of a daily verification that the control device is operating properly. If the control device is used to control batch process vents alone or in combination with other emission points, the verification may be on a per batch cycle basis. This verification shall include, but not be limited to, a daily or per batch demonstration that the control device is working as designed. The procedure for this demonstration shall be submitted for review and approval as part of the Precompliance Report, as required by § 63.1417(d)(10). (3) Nothing in this section shall be construed to allow a monitoring parameter excursion caused by an activity that violates other applicable provisions of subpart A, F, or G of this part. (b) Monitoring equipment. (1) Where a scrubber is used, the following monitoring equipment is required. (i) A pH monitoring device equipped with a continuous recorder to monitor the pH of the scrubber effluent. (ii) A flow measurement device equipped with a continuous recorder shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the following procedures: (A) The owner or operator may determine gas stream flow using the design blower capacity with appropriate adjustments for pressure drop. (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for this subpart, the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to the compliance date for this subpart may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method which will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method which will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow, and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 63.1416(a). (2) Where an absorber is used, a scrubbing liquid temperature monitoring device and a specific gravity monitoring device are required, each equipped with a continuous recorder. (3) Where a condenser is used, a condenser exit temperature (product side) monitoring device equipped with a continuous recorder is required. (4) Where a carbon adsorber is used, an integrating regeneration steam flow or nitrogen flow, or pressure monitoring device having an accuracy of ±10 percent of the flow rate, level, or pressure, or better, capable of recording the total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) for each regeneration cycle; and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle are required. (5) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, the temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (6) Where a flare is used, a device (including but not limited to a thermocouple, ultra-violet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame is required. (7) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, a temperature monitoring device in the firebox equipped with a continuous recorder is required. Any boiler or process heater in which all vent streams are introduced with the primary fuel or are used as the primary fuel is exempt from this requirement. (8) As an alternate to paragraphs (b)(1) through (7) of this section, the owner or operator may install an organic monitoring device equipped with a continuous recorder. Said organic monitoring device shall meet the requirements of Performance Specification 8 or 9 of 40 CFR part 60, appendix B, and shall be installed, calibrated, and maintained according to § 63.6. (c) Alternative monitoring parameters. (1) Uses a control device or control technology other than those included in paragraph (b) of this section; or (2) Uses one of the control devices included in paragraph (b) of this section, but seeks to monitor a parameter other than those specified in Table 3 of this subpart. (d) Monitoring of bypass lines. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.1416(d)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert emissions away from the control device or control technology and to the atmosphere; or (2) Secure the bypass line damper or valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the damper or valve is maintained in the non-diverting position and emissions are not diverted through the bypass line. Records shall be generated as specified in § 63.1416(d)(3). (e) Monitoring for the alternative standards. [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60932, Oct. 8, 2014; 83 FR 51856, Oct. 15, 2018] § 63.1416 Recordkeeping requirements. (a) Data retention. (1) All applicable records shall be maintained in such a manner that they can be readily accessed. The most recent 6 months of records shall be retained on site or shall be accessible from a central location by computer or other means that provides access within 2 hours after a request. The remaining 4 and one-half years of records may be retained offsite. Records may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, floppy disk, CD-ROM, optical disc, magnetic tape, or microfiche. (2) If an owner or operator submits copies of reports to the appropriate EPA Regional Office, the owner or operator is not required to maintain copies of reports. If the EPA Regional Office has waived the requirement of § 63.10(a)(4)(ii) for submittal of copies of reports, the owner or operator is not required to maintain copies of those reports. (b) Malfunction records. (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, and duration of each failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.1420(h)(4), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (c) Monitoring records. (1) The owner or operator shall record either each measured data value or average values for 1 hour or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) average instead of all measured values. Owners or operators of batch process vents shall record each measured data value; if values are measured more frequently than once per minute, a single value for each minute may be recorded instead of all measured values. (2) Daily average, batch cycle daily average, or block average values of each continuously monitored parameter shall be calculated for each operating day as specified in paragraphs (c)(2)(i) and (ii) of this section, except as specified in paragraphs (c)(3) and (4) of this section. The option of conducting parameter monitoring for batch process vents on a batch cycle daily average basis or a block average basis is described in paragraph (d)(2) of this section. (i) The daily average value, batch cycle daily average, or block average shall be calculated as the average of all parameter values recorded during the operating day, or batch cycle, as appropriate, except as specified in paragraph (c)(4) of this section. For batch process vents, only parameter values recorded during those batch emission episodes, or portions thereof, in the batch cycle that the owner or operator has selected to control in order to comply shall be used to calculate the average. The calculated average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous for daily average values or batch cycle daily average values. The calculated average shall cover the entire period of the batch cycle for block average values. As specified in § 63.1413(a)(4)(i)(C)( 3 (ii) The operating day shall be the period the owner or operator specifies in the operating permit or the Notification of Compliance Status for purposes of determining daily average values or batch cycle daily average values of monitored parameters. The block shall be the entire period of the batch cycle, as specified by the owner or operator in the operating permit or the Notification of Compliance Status for purposes of determining block average values of monitored parameters. (3) If all recorded values for a monitored parameter during an operating day or block are above the minimum level or below the maximum level established in the Notification of Compliance Status or operating permit, the owner or operator may record that all values were above the minimum level or below the maximum level rather than calculating and recording a daily average, or block average, for that operating day. For these operating days or blocks, the records required in paragraph (c)(1) of this section shall also be retained for 5 years. (4) Monitoring data recorded during periods identified in paragraphs (c)(4)(i) and (ii) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or control device or recovery device or control technology operation when monitors are not operating: (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; and (ii) Periods of non-operation of the affected source (or portion thereof) resulting in cessation of the emissions to which the monitoring applies. (5) The owner or operator who has received approval to monitor different parameters, under § 63.1417(j) as allowed under § 63.1415(e), than those specified for storage vessels, continuous process vents, or batch process vents shall retain for a period of 5 years each record specified in their approved Alternative Monitoring Parameters request. (6) The owner or operator who has received approval to use alternative continuous monitoring and recordkeeping provisions as specified in § 63.1417(k) shall retain for a period of 5 years each record specified in their approved Alternative Continuous Monitoring request. (d) Batch process vent records Compliance demonstration records. (i) If a batch process vent is seeking to demonstrate compliance with the alternative standard specified in § 63.1406(b) or § 63.1407(b), results of the initial compliance demonstration specified in § 63.1413(f). (ii) If a batch process vent is seeking to demonstrate compliance with the percent reduction requirements of § 63.1406(a)(1)(ii) or § 63.1407(a)(2)(ii), records documenting the batch cycle percent reduction or overall percent reduction, as appropriate, as specified in § 63.1413(e)(1)(iii). (iii) When using a flare to comply with § 63.1406(a)(1)(i) or § 63.1407(a)(2)(i): (A) The flare design (i.e., steam-assisted, air-assisted or non-assisted); (B) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.1413(g); and (C) Periods when all pilot flames were absent during the compliance determination required by § 63.1413(g). (iv) The following information when using a control device or control technology, other than a flare, to achieve compliance with the percent reduction requirement of § 63.1406(a)(1)(ii) or § 63.1407(a)(2)(ii): (A) For an incinerator, non-combustion control device, or other control technology, the percent reduction of organic HAP achieved for emissions vented to the control device or control technology, as determined using the procedures specified in § 63.1413(e)(1); (B) For a boiler or process heater, a description of the location at which the vent stream is introduced into the boiler or process heater; and (C) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the vent stream is not introduced with the primary fuel or used as the primary fuel, the percent reduction of organic HAP achieved for emissions vented to the control device, as determined using the procedures specified in § 63.1413(e)(1). (v) If a batch process vent is seeking to demonstrate compliance with the mass emission limits specified in § 63.1406(a)(1)(iii) or (a)(2)(iii) or specified in § 63.1407(b)(2), the following information: (A) Results of the initial compliance demonstration specified in § 63.1413(e)(2). (B) The organic HAP emissions from the batch process vent associated with each single type of batch cycle (E cycle i (C) The site-specific emission limit required by § 63.1413(e)(2), as appropriate. (vi) If an owner or operator designates a condenser sometimes operated as a process condenser as a control device, comply with either paragraph (d)(1)(vi)(A) or (B) of this section. (A) Retain information, data, analyses to document inprocess recycling of the material recovered when the condenser is operating as a control device. (B) When requested by the Administrator, demonstrate that material recovered by the condenser operating as a control device is reused in a manner meeting the definition of inprocess recycling. (2) Establishment of parameter monitoring level records. (i) Parameter monitoring data used to establish the level. (ii) Identification that the parameter monitoring level is associated with a batch cycle daily average or a block average. (iii) A definition of the batch cycle or block, as appropriate. (3) Controlled batch process vent continuous compliance records. (i) Each owner or operator of a batch process vent that uses a control device or control technology to comply with the percent reduction requirements of § 63.1406(a)(1)(ii) or § 63.1407(a)(2)(ii) shall keep the following records, as applicable, readily accessible: (A) Continuous records of the equipment operating parameters specified to be monitored under § 63.1415(b) as applicable, and listed in Table 3 of this subpart, or specified by the Administrator in accordance with § 63.1417(f) as allowed under § 63.1415(e). Said records shall be kept as specified under paragraph (c) of this section, except as follows: ( 1 ( 2 (B) Records of the batch cycle daily average value or block average value of each continuously monitored parameter, as specified in paragraph (c) of this section. (ii) Each owner or operator of a batch process vent that uses a control device or control technology to comply with § 63.1406 or § 63.1407 shall keep the following records, as applicable, readily accessible: (A) Hourly records of whether the flow indicator for bypass lines specified in § 63.1415(d) was operating and whether a diversion was detected at any time during the hour. Also, records of the time and duration periods when the vent is diverted from the control device or control technology or the flow indicator specified in § 63.1415(d) is not operating. (B) Where a seal or closure mechanism is used to comply with § 63.1415(d), hourly records of whether a diversion was detected at any time are not required. The owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken. (C) Records specifying the times and duration of periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments. In addition, records specifying any other periods of process or control device operation or control technology operation when monitors are not operating. (iii) Each owner or operator of a batch process vent seeking to demonstrate compliance with the alternative standard, as specified in § 63.1406(b) or § 63.1407(b), shall keep the records of continuous emissions monitoring described in § 63.1416(c). (iv) Each owner or operator of a batch process vent seeking to demonstrate compliance with the mass emission limits, specified in § 63.1406(a)(1)(iii) or (a)(2)(iii), shall keep the following records, as applicable, readily accessible. (A) The cumulative average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (B) If there is a deviation from the mass emission limit, as specified in § 63.1413(i), the individual monthly emission rate data points making up the cumulative average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (C) If it becomes necessary to redetermine (E cycle i cycle i (D) If an owner or operator is demonstrating compliance using the procedures in § 63.1413(e)(2), the monthly value of the site-specific emission limit developed under § 63.1413(e)(2). (e) Aggregate batch vent stream records Compliance demonstration records. (i) If an aggregate batch vent stream is in compliance with the percent reduction requirements of § 63.1408(a)(1)(ii) or (a)(2)(ii), owners or operators shall comply with the recordkeeping requirements for continuous process vents specified in 40 CFR part 63, subpart SS. (ii) If an aggregate batch vent stream is in compliance with the alternative standard specified in § 63.1408(b), results of the initial compliance demonstration specified in § 63.1413(f). (iii) When using a flare to comply with § 63.1408(a)(1)(i) or (a)(2)(i): (A) The flare design (i.e., steam-assisted, air-assisted or non-assisted). (B) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.1413(g). (C) Periods when all pilot flames were absent during the compliance determination required by § 63.1413(g). (iv) If an aggregate batch vent stream is seeking to comply with the mass emission limits specified in § 63.1408(b)(2), results of the initial compliance demonstration specified in § 63.1413(e)(2). In addition, for each batch process vent, the emissions associated with each single type of batch cycle (E cycle i (2) Establishment of parameter monitoring level records. (3) Controlled aggregate batch vent streams continuous compliance records. (i) Each owner or operator of an aggregate batch vent stream that uses a control device to comply with the percent reduction requirement of § 63.1408(a)(1)(ii) or (a)(2)(ii) shall keep the following records, as applicable, readily accessible: (A) Continuous records of the equipment operating parameters specified to be monitored under § 63.1415(b) as applicable, and listed in Table 3 of this subpart, or specified by the Administrator in accordance with § 63.1417(j) as allowed under § 63.1415(e). Records shall be kept as specified under paragraph (c) of this section, except as follows: ( 1 ( 2 (B) Records of the daily average value of each continuously monitored parameter, as specified in paragraph (c) of this section. (ii) Each owner or operator of an aggregate batch vent stream that uses a control device to comply with paragraph § 63.1408(a)(1) or (2) of this section shall keep the following records, as applicable, readily accessible: (A) Hourly records of whether the flow indicator for bypass lines specified in § 63.1415(d) was operating and whether a diversion was detected at any time during the hour. Also, records of the times and durations of periods when the vent is diverted from the control device or the flow indicator specified in § 63.1415(d) is not operating. (B) Where a seal or closure mechanism is used to comply with § 63.1415(d), hourly records of whether a diversion was detected at any time are not required. The owner or operator shall record whether the monthly visual inspection of the seals or closure mechanisms has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line damper or valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has broken. (C) Records specifying the times and duration of periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments. In addition, records specifying any other periods of process or control device operation when monitors are not operating. (iii) Each owner or operator of an aggregate batch vent stream seeking to demonstrate compliance with the alternative standard, as specified in § 63.1408(b), shall keep the records of continuous emissions monitoring described in § 63.1416(c). (iv) Each owner or operator of an aggregate batch vent stream seeking to demonstrate compliance with the mass emission limits, specified in § 63.1408(b)(2), shall keep the following records, as applicable, readily accessible: (A) The rolling average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (B) If there is a deviation from the emission limit, as specified in § 63.1413(i)(1), the individual monthly emission rate data points making up the rolling average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (C) If it becomes necessary to redetermine (E cycle i cycle i (f) Continuous process vent records TRE index value records. (2) Volumetric flow rate records. (3) Organic HAP concentration records. (4) Process change records. (5) If a continuous process vent is seeking to demonstrate compliance with the mass emission limit specified in § 63.1405(b)(2)(i), keep records specified in paragraphs (f)(5)(i) through (iii) of this section. (i) The results of the initial compliance demonstration specified in § 63.1413(h)(1)(i). (ii) Identification of the period of time that represents an operating day. (iii) The daily organic HAP emissions from the continuous process vent determined as specified in § 63.1413(h)(3). (6) If a continuous process vent is seeking to demonstrate compliance with the emission rate limits specified in § 63.1405(b)(2)(ii) or (iii), keep records specified in paragraphs (f)(6)(i) through (iii) of this section. (i) The results of the initial compliance demonstration specified in § 63.1413(h)(2)(i). (ii) Identification of the period of time that represents an operating day. (iii) The average hourly organic HAP emissions from the continuous process vent determined as specified in § 63.1413(h)(4). (7) When using a flare to comply with § 63.1405(a)(1) or (b)(1), keep the records specified in paragraphs (f)(7)(i) through (f)(7)(iii) of this section. (i) The flare design (i.e., steam-assisted, air-assisted or non-assisted); (ii) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the compliance determination required by § 63.1413(g); and (iii) Periods when all pilot flames were absent during the compliance determination required by § 63.1413(g). (g) Other records or documentation. (2) The owner or operator of an affected source granted a waiver under § 63.10(f) shall maintain any information demonstrating whether an affected source is meeting the requirements for a waiver of recordkeeping or reporting requirements. (3) Owners or operators using the exemption from the equipment leak provisions provided by § 63.1400(f) shall comply with either paragraph (g)(3)(i) or (ii) of this section. (i) The owner or operator shall retain information, data, and analysis used to document the basis for using the exemption provided by § 63.1400(f). Such information, data, and analysis shall be retained for the 12-month period preceding December 14, 1998 and for each 12-month period the affected source is in operation and using the exemption provided by § 63.1400(f). The beginning of each 12-month period shall be the anniversary of December 14, 1998. (ii) When requested by the Administrator, the owner or operator shall demonstrate that actual annual production is equal to or less than 800 megagrams per year of amino/phenolic resin for the 12-month period preceding December 14, 1998, and for each 12-month period the affected source has been in operation and using the exemption provided by § 63.1400(f). The beginning of each 12-month period shall be the anniversary of December 14, 1998. (4) The owner or operator of a heat exchange system located at an affected source shall retain the following records: (i) Monitoring data required by § 63.1409 indicating a leak and the date when the leak was detected, and if demonstrated not to be a leak, the basis for that determination. (ii) Records of any leaks detected by procedures subject to § 63.1409(c)(2) and the date the leak was detected. (iii) The dates of efforts to repair leaks. (iv) The method or procedure used to confirm repair of a leak and the date repair was confirmed. (5) For pressure relief devices in organic HAP service, keep records of the information specified in paragraphs (g)(5)(i) through (v) of this section, as applicable. (i) A list of identification numbers for pressure relief devices that vent to a fuel gas system, process, drain system, or closed-vent system and control device, under the provisions in § 63.1411(d). (ii) A list of identification numbers for pressure relief devices subject to the provisions in § 63.1411(a). (iii) A list of identification numbers for pressure relief devices equipped with rupture disks, under the provisions in § 63.1411(b)(2). (iv) The dates and results of the monitoring following a pressure release for each pressure relief device subject to the provisions in § 63.1411(a) and (b). The results shall include: (A) The background level measured during each compliance test. (B) The maximum instrument reading measured at each piece of equipment during each compliance test. (v) For pressure relief devices in organic HAP service subject to § 63.1411(c), keep records of each pressure release to the atmosphere, including the following information: (A) The source, nature, and cause of the pressure release. (B) The date, time, and duration of the pressure release. (C) An estimate of the quantity of total HAP emitted during the pressure release and the calculations used for determining this quantity. (D) The actions taken to prevent this pressure release. (E) The measures adopted to prevent future such pressure releases. (6) An owner or operator shall record, on a semiannual basis, the information specified in paragraphs (g)(6)(i) through (iii) of this section, as applicable, for those planned routine maintenance operations that would require the control device not to meet the requirements of § 63.1404(a) or (b) of this subpart. (i) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description shall include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods. (ii) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description shall include the type of maintenance performed and the total number of hours during these 6 months that the control device did not meet the requirement of § 63.1404 (a) or (b) of this subpart, as applicable, due to planned routine maintenance. (iii) For each storage vessel for which planned routine maintenance was performed during the previous 6 months, record the height of the liquid in the storage vessel at the time the control device is bypassed to conduct the planned routine maintenance and at the time the control device is placed back in service after completing the routine maintenance. These records shall include the date and time the liquid height was measured. (h) Reduced recordkeeping program. (1) The owner or operator may retain only the daily average, batch cycle daily average, or block average value, and is not required to retain more frequent values, for a parameter with respect to an item of equipment, if the requirements of paragraphs (h)(1)(i) through (vi) of this section are met. An owner or operator electing to comply with the requirements of paragraph (h)(1) of this section shall notify the Administrator in the Notification of Compliance Status Report required under § 63.1417(e) or, if the Notification of Compliance Status has already been submitted, in the Periodic Report immediately preceding implementation of the requirements of this paragraph as specified in § 63.1417(f)(10). (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation (e.g., a temperature reading of −200 °C on a boiler) and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day or block constitute a single occurrence. (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the parameter values that have been obtained during that operating day or block, and the capability to observe this running average is readily available on-site to the Administrator during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an operating day or block constitute a single occurrence: (A) The running average is above the maximum or below the minimum established limits; and (B) The running average is based on at least six 1-hour average values. (iii) The monitoring system is capable of detecting unchanging data during periods of operation, except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (e.g., pH in some scrubbers) and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day or block constitute a single occurrence. (iv) The monitoring system will alert the owner or operator by an alarm or other means if the running average parameter value calculated under paragraph (h)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraphs (h)(1)(i) through (iv) of this section, at the times specified in paragraphs (h)(1)(v)(A) through (C). The owner or operator shall document that the required verifications occurred. (A) Upon initial installation. (B) Annually after initial installation. (C) After any change to the programming or equipment constituting the monitoring system which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the records identified in paragraphs (h)(1)(vi)(A) through (D) of this section. (A) Identification of each parameter for each item of equipment for which the owner or operator has elected to comply with the requirements of paragraph (h)(1) of this section. (B) A description of the applicable monitoring system(s) and how compliance will be achieved with each requirement of paragraphs (h)(1)(i) through (v) of this section. The description shall identify the location and format (e.g., on-line storage, log entries) for each required record. If the description changes, the owner or operator shall retain, as provided in paragraph (a) of this section, except as provided in paragraph (h)(1)(vi)(D) of this section, both the current and the most recent superseded description. (C) A description and the date of any change to the monitoring system that would reasonably be expected to impair its ability to comply with the requirements of paragraph (h) of this section. (D) Owners and operators subject to paragraph (h)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain all superseded descriptions for at least 5 years after the date of their creation. Superseded descriptions shall be retained on-site (or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after their creation. Thereafter, superseded descriptions may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (h)(1) of this section for a parameter with respect to an item of equipment and a period of 6 consecutive months has passed without any deviation as defined in paragraph (h)(2)(iv) of this section, the owner or operator is no longer required to record the daily average, batch cycle daily average, or block average value for any operating day when the daily average, batch cycle daily average, or block average value is less than the maximum or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months if the parameter limit and the monitoring accomplished during the period prior to the compliance date were required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average, batch cycle daily average, or block average values, the owner or operator shall notify the Administrator in the next Periodic Report as specified in § 63.1417(f)(11). The notification shall identify the parameter and unit of equipment. (ii) If, on any operating day or during any block after the owner or operator has ceased recording the daily average, batch cycle daily average, or block average values as provided in paragraph (h)(2) of this section, there is a deviation as defined in paragraph (h)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average, batch cycle daily average, or block average value for each operating day and shall notify the Administrator in the next Periodic Report. The owner or operator shall continue to retain each daily average, batch cycle daily average, or block average value until another period of 6 consecutive months has passed without a deviation as defined in paragraph (h)(2)(iv) of this section. (iii) The owner or operator shall retain the records specified in paragraphs (h)(1)(i) through (iv) of this section for the duration specified in paragraph (h) of this section. For any calendar week, if compliance with paragraphs (h)(1)(i) through (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one value during a period of operation. (iv) For purposes of paragraph (h)(2) of this section, a deviation means that the daily average, batch cycle daily average, or block average value of monitoring data for a parameter is greater than the maximum, or less than the minimum established value. [65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20461, Apr. 20, 2006; 79 FR 60932, Oct. 8, 2014; 83 FR 51856, Oct. 15, 2018] § 63.1417 Reporting requirements. (a) Reporting and notification. (b) General. (1) The information was not known in time for inclusion in the report specified by this subpart. (2) The owner or operator has been diligent in obtaining the information. (3) The owner or operator submits a report according to the provisions of paragraphs (b)(3)(i) through (iii) of this section, as appropriate. (i) If this subpart expressly provides for supplements to the report in which the information is required, the owner or operator shall submit the information as a supplement to that report. The information shall be submitted no later than 60 days after it is obtained, unless otherwise specified in this subpart. (ii) If this subpart does not expressly provide for supplements, but the owner or operator must submit a request for revision of an operating permit pursuant to 40 CFR part 70 or part 71 due to circumstances to which the information pertains, the owner or operator shall submit the information with the request for revision to the operating permit. (iii) In any case not addressed by paragraph (b)(3)(i) or paragraph (b)(3)(ii) of this section, the owner or operator shall submit the information with the first Periodic Report, as required by this subpart, which has a submission deadline at least 60 days after the information is obtained. (c) Submittals. (d) Precompliance Report. (1) The Precompliance Report shall be submitted to the Administrator no later than 12 months prior to the compliance date. Unless the Administrator objects to a request submitted in the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. For new affected sources, the Precompliance Report shall be submitted to the Administrator with the application for approval of construction or reconstruction required by § 63.5(d), as specified on Table 1 of this subpart. Supplements to the Precompliance Report may be submitted as specified in paragraph (d)(11) of this section. (2) A request for an extension for compliance, as specified in § 63.1401(d), may be submitted in the Precompliance Report. The request for a compliance extension will include the data outlined in § 63.6(i)(6)(i)(A), (B), and (D), as required in § 63.1401(d)(1). (3) The alternative monitoring parameter information required in paragraph (j) of this section shall be submitted in the Precompliance Report if, for any emission point, the owner or operator of an affected source seeks to comply through the use of a control technique other than those for which monitoring parameters are specified in this subpart or seeks to comply by monitoring a different parameter than those specified in this subpart. (4) If the affected source seeks to comply using alternative continuous monitoring and recordkeeping as specified in paragraph (k) of this section, the owner or operator shall submit the information requested in paragraph (d)(4)(i) or (ii) of this section in the Precompliance Report: (i) The owner or operator shall submit notification of the intent to use the provisions specified in paragraph (k) of this section; or (ii) The owner or operator shall submit a request for approval to use alternative continuous monitoring and recordkeeping provisions as specified in paragraph (k) of this section. (5) The owner or operator shall report the intent to use alternative controls to comply with the provisions of this subpart in the Precompliance Report. The Administrator may deem the alternative controls to be equivalent to the controls required by the standard under the procedures outlined in § 63.6(g). (6) If a request for approval to use engineering assessment to estimate organic HAP emissions from a batch emissions episode, as specified in § 63.1414(d)(6)(i)(C), is being made, the information required by § 63.1414(d)(6)(iii)(B) shall be submitted in the Precompliance Report. (7) If an owner or operator elects to establish parameter monitoring levels according to the procedures contained in § 63.1413(a)(4)(ii), or will be establishing parameter monitoring levels based on a design evaluation as specified in § 63.1413(a)(3), the following information shall be submitted in the Precompliance Report: (i) Identification of which procedures (i.e., § 63.1413(a)(1)(i) or (ii)) are to be used; and (ii) A description of how the parameter monitoring level is to be established. If the procedures in § 63.1413(a)(4)(ii) are to be used, a description of how performance test data will be used shall be included. (8) If an owner or operator is complying with the mass emission limit specified in § 63.1405(b)(2)(i), the sample of production records specified in § 63.1413(h)(3) shall be submitted in the Precompliance Report. (9) If an owner or operator is complying with the mass emission limit specified in § 63.1406(a)(1)(iii) or (a)(2)(iii), § 63.1407(b)(2), or § 63.1408(b)(2), the sample of production records specified in § 63.1413(e)(2) shall be submitted in the Precompliance Report. (10) The procedure for a control device controlling less than 1 ton per year of uncontrolled organic HAP emissions shall be submitted, as specified in § 63.1415(a)(2). Such a procedure shall meet the requirements specified in § 63.1415(a)(2). (11) Supplements to the Precompliance Report may be submitted as specified in paragraph (d)(11)(i) or (ii) of this section. Unless the Administrator objects to a request submitted in a supplement to the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. (i) Supplements to the Precompliance Report may be submitted to clarify or modify information previously submitted. (ii) Supplements to the Precompliance Report may be submitted to request approval to use alternative monitoring parameters, as specified in paragraph (j) of this section; to use alternative continuous monitoring and recordkeeping, as specified in paragraph (k) of this section; to use alternative controls, as specified in paragraph (d)(5) of this section; to use engineering assessment to estimate organic HAP emissions from a batch emissions episode, as specified in paragraph (d)(6) of this section; or to establish parameter monitoring levels according to the procedures contained in § 63.1413(a)(4)(ii) or (a)(3), as specified in paragraph (d)(7) of this section. (e) Notification of Compliance Status. (1) The results of any emission point applicability determinations, performance tests, design evaluations, inspections, continuous monitoring system performance evaluations, any other information used to demonstrate compliance, and any other information, as appropriate, required to be included in the Notification of Compliance Status under 40 CFR part 63, subpart WW and subpart SS, as referred to in § 63.1404 for storage vessels; under 40 CFR part 63, subpart SS, as referred to in § 63.1405 for continuous process vents; under § 63.1416(f)(1) through (3), (f)(5)(i) and (ii), and (f)(6)(i) and (ii) for continuous process vents; under § 63.1416(d)(1) for batch process vents; and under § 63.1416(e)(1) for aggregate batch vent streams. In addition, each owner or operator shall comply with paragraphs (e)(1)(i) and (ii) of this section. (i) For performance tests, applicability determinations, and estimates of organic HAP emissions that are based on measurements, the Notification of Compliance Status shall include one complete test report, as described in paragraph (e)(1)(ii) of this section, for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other required information shall be submitted, but a complete test report is not required. (ii) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (2) For each monitored parameter for which a maximum or minimum level is required to be established, the Notification of Compliance Status shall contain the information specified in paragraphs (e)(2)(i) through (iv) of this section, unless this information has been established and provided in the operating permit. (i) The required information shall include the specific maximum or minimum level of the monitored parameter(s) for each emission point. (ii) The required information shall include the rationale for the specific maximum or minimum level for each parameter for each emission point, including any data and calculations used to develop the level and a description of why the level indicates proper operation of the control device or control technology. (iii) The required information shall include a definition of the affected source's operating day, as specified in § 63.1416(c)(2)(ii), for purposes of determining daily average values or batch cycle daily average values of monitored parameters. The required information shall include a definition of the affected source's block(s), as specified in § 63.1416(c)(2)(ii), for purposes of determining block average values of monitored parameters. (iv) For batch process vents, the required information shall include a definition of each batch cycle that requires the control of one or more batch emission episodes during the cycle, as specified in §§ 63.1413(e)(1)(iii) and 63.1416(c)(2)(ii). (3) When the determination of applicability for process units, as made following the procedures in § 63.1400(g), indicates that a process unit is an APPU, an identification of the APPU and a statement indicating that the APPU is an APPU that produces more than one intended product at the same time, as specified in § 63.1400(g)(1), or is a flexible operations process unit as specified in § 63.1400(g)(2) through (4). (4) [Reserved] (5) The results for each predominant use determination for storage vessels belonging to an affected source subject to this subpart that is made under § 63.1400(h)(6). (6) Notification that the owner or operator has elected to comply with § 63.1416(h), Reduced Recordkeeping Program. (7) Notification that an affected source is exempt from the equipment leak provisions of § 63.1410 according to the provisions of § 63.1400(f), and the affected source's actual annual production of amino/phenolic resins for the 12-month period preceding December 14, 1998. (8) An owner or operator with a combustion device, recovery device, or recapture device affected by the situation described in § 63.1400(i)(5) shall identify which rule shall be complied with for monitoring, recordkeeping, and reporting requirements, as allowed under § 63.1400(i)(5). (9) Data or other information used to demonstrate that an owner or operator may use engineering assessment to estimate emissions for a batch emission episode, as specified in § 63.1414(d)(6)(iii)(A). (10) For pressure relief devices in organic HAP service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), and a description of the alarms or other methods by which operators will be notified of a pressure release. (f) Periodic Reports. (1) Except as specified in paragraph (f)(12) of this section, a report containing the information in paragraph (f)(2) of this section or containing the information in paragraphs (f)(3) through (11) and (13) through (16) of this section, as appropriate, shall be submitted semiannually no later than 60 days after the end of each 180 day period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due. Subsequent reports shall cover each preceding 6-month period. (2) If none of the compliance exceptions specified in paragraphs (f)(3) through (11) and (13) through (16) of this section occurred during the 6-month period, the Periodic Report required by paragraph (f)(1) of this section shall be a statement that the affected source was in compliance for the preceding 6-month period and no activities specified in paragraphs (f)(3) through (11) and (13) through (16) of this section occurred during the preceding 6-month period. (3) For an owner or operator of an affected source complying with the provisions of §§ 63.1404 through 63.1409 for any emission point, Periodic Reports shall include: (i) All information specified in 40 CFR part 63, subpart WW and subpart SS for storage vessels; 40 CFR part 63, subpart SS for continuous process vents required to comply with subpart SS; § 63.1416(d)(3)(ii) for batch process vents; and § 63.1416(e) for aggregate batch vent stream. (ii) The daily average values, batch cycle daily average values, or block average values of monitored parameters for deviations, as specified in § 63.1413(i), of operating parameters. In addition, the periods and duration of periods when monitoring data were not collected shall be specified. (4) Notification if one or more emission point(s) or one or more APPU is added to an affected source. The owner or operator shall submit the following information: (i) A description of the addition to the affected source; (ii) Notification of applicability status (i.e., does the emission point require control) of the additional emission point, if appropriate, or notification of all emission points in the added APPU. (5) If there is a deviation from the mass emission limit specified in § 63.1406(a)(1)(iii) or (a)(2)(iii), § 63.1407(b)(2), or § 63.1408(b)(2), the following information, as appropriate, shall be included: (i) The cumulative average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (ii) The individual monthly emission rate data points making up the cumulative average monthly emission rate or the 12-month rolling average monthly emission rate, as appropriate. (iii) If an owner or operator is demonstrating compliance using the procedures in § 63.1413(e)(2)(ii), the monthly value of the site-specific emission limit. (6) If any performance tests are reported in a Periodic Report, the following information shall be included: (i) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (e)(1)(ii) of this section. (ii) For additional tests performed for the same kind of emission point using the same method, results and any other information required shall be submitted, but a complete test report is not required. (7) The Periodic Report shall include the results for each change made to a primary product determination for amino/phenolic resins made under § 63.1400(g). (8) The Periodic Report shall include the results for each change made to a predominant use determination for a storage vessel belonging to an affected source subject to this subpart that is made under § 63.1400(h)(6). (9) If an owner or operator invokes the delay of repair provisions for a heat exchange system, the following information shall be submitted, as appropriate. If the leak remains unrepaired, the information shall also be submitted in each subsequent periodic report until repair of the leak is reported. (i) The presence of the leak and the date that the leak was detected. (ii) Whether or not the leak has been repaired. If the leak is repaired, the date the leak was successfully repaired. If the leak remains unrepaired, the expected date of repair. (iii) The reason(s) for delay of repair. If delay of repair is invoked due to the reasons described in § 63.1409(e)(2), documentation of emissions estimates shall be included. (10) Notification that the owner or operator has elected to comply with § 63.1416(h), Reduced Recordkeeping Program. (11) Notification that the owner or operator has elected to not retain the daily average, batch cycle daily average, or block average values, as appropriate, as specified in § 63.1416(h)(2)(i). (12) The owner or operator of an affected source shall submit quarterly reports for particular emission points as specified in paragraphs (f)(12)(i) through (iv) of this section. (i) The owner or operator of an affected source shall submit quarterly reports for a period of 1 year for an emission point if the Administrator requests the owner or operator to submit quarterly reports for the emission point. (ii) The quarterly reports shall include all information specified in paragraphs (f)(3) through (11) and (13) through (16) of this section applicable to the emission point for which quarterly reporting is required under paragraph (f)(12)(i) of this section. Information applicable to other emission points within the affected source shall be submitted in the semiannual reports required under paragraph (f)(1) of this section. (iii) Quarterly reports shall be submitted no later than 60 days after the end of each quarter. (iv) After quarterly reports have been submitted for an emission point for 1 year, the owner or operator may return to semiannual reporting for the emission point unless the Administrator requests the owner or operator to continue to submit quarterly reports. (13) For pressure relief devices, Periodic Reports must include the information specified in paragraphs (f)(13)(i) through (iii) of this section. (i) For pressure relief devices in organic HAP service subject to § 63.1411, report confirmation that all monitoring to show compliance was conducted within the reporting period. (ii) For pressure relief devices in organic HAP gas or vapor service subject to § 63.1411(b), report any instrument reading of 500 ppm above background or greater, more than 5 days after the relief device returns to organic HAP gas or vapor service after a pressure release. (iii) For pressure relief devices in organic HAP service subject to § 63.1411(c), report each pressure release to the atmosphere, including the following information: (A) The source, nature, and cause of the pressure release. (B) The date, time, and duration of the pressure release. (C) An estimate of the quantity of total HAP emitted during the pressure release and the method used for determining this quantity. (D) The actions taken to prevent this pressure release. (E) The measures adopted to prevent future such pressure releases. (14) If there is a deviation from the mass emission limit specified in § 63.1405(b)(2)(i), the report shall include the daily average emission rate calculated for each operating day for which a deviation occurred. (15) If there is a deviation from the emission rate limit specified in § 63.1405(b)(2)(ii) or (iii), the report shall include the following information for each operating day for which a deviation occurred: (i) The calculated average hourly emission rate. (ii) The individual hourly emission rate data points making up the average hourly emission rate. (16) For periods of storage vessel routine maintenance in which a control device is bypassed, the owner or operator shall submit the information specified in § 63.1416(g)(6)(i) through (iii) of this subpart. (g) Reports of Malfunctions. (h) Other reports. (1) For storage vessels, the notifications of inspections required by 40 CFR part 63, subpart WW shall be submitted. (2) A site-specific test plan shall be submitted no later than 90 days before the planned date for a performance test. Unless the Administrator requests changes to the site-specific test plan within 45 days after its receipt, the site-specific test plan shall be deemed approved. The test plan shall include a description of the planned test and rationale for why the planned performance test will provide adequate and representative results for demonstrating the performance of the control device. If required by § 63.1413(e)(1) or § 63.1414(d)(5), the test plan shall include an emission profile and rationale for why the selected test period is representative. (3) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 days before the performance test is scheduled in order to allow the Administrator the opportunity to have an observer present during the test. If after 30 days notice for an initially scheduled performance test, there is delay (due to operational problems, etc.) in conducting the scheduled performance test, the owner or operator of an affected source shall notify the Administrator as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled date of the performance test, or by arranging a rescheduled date with the Administrator by mutual agreement. (4) When the conditions of § 63.1400(g)(7) or the conditions of § 63.1400(g)(8) are met, notification of changes to the primary product for an APPU or process unit shall be submitted. When a notification is made in response to a change in the primary product under § 63.1400(g)(7), rationale for why it is anticipated that no amino/phenolic resins will be produced in the process unit in the future shall be included. (5) Owners or operators of APPU or emission points (other than equipment leak components subject to § 63.1410) that are added to the affected source under the provisions of § 63.1400(d)(2) or (3) or under the provisions of § 63.5(b)(6) shall submit reports as specified in paragraphs (h)(5)(i) through (ii) of this section. (i) Reports shall include: (A) A description of the process change or addition, as appropriate; (B) The planned start-up date and the appropriate compliance date; and (C) Identification of the emission points (except equipment leak components subject to § 63.1410) specified in paragraphs (h)(5)(i)(C)( 1 3 ( 1 ( 2 ( 3 (ii) If the owner or operator wishes to request approval to use alternative monitoring parameters, alternative continuous monitoring or recordkeeping, alternative controls, engineering assessment to estimate organic HAP emissions from a batch emissions episode, or wishes to establish parameter monitoring levels according to the procedures contained in § 63.1413(a)(1)(ii) or (ii), a Precompliance Report shall be submitted no later than 180 days prior to the appropriate compliance date. (6) The information specified in paragraphs (h)(6)(i) and (ii) of this section shall be submitted when a small control device becomes a large control device, as specified in § 63.1413(a)(1)(ii). (i) Notification that a small control device has become a large control device and the site-specific test plan shall be submitted within 60 days of the date the small control device becomes a large control device. The site-specific test plan shall include the information specified in paragraph (h)(2) of this section. Approval of the site-specific test plan shall follow paragraph (h)(2) of this section. (ii) Results of the performance test required by § 63.1413(a)(1)(ii) shall be submitted within 150 days of the date the small control device becomes a large control device. (7) Whenever a continuous process vent becomes subject to control requirements under § 63.1405, as a result of a process change, the owner or operator shall submit a report within 60 days after the performance test or applicability assessment, whichever is sooner. The report may be submitted as part of the next Periodic Report required by paragraph (f) of this section. (i) The report shall include the following information: (A) A description of the process change; (B) The results of the recalculation of the organic HAP concentration, volumetric flow rate, and or TRE index value required under § 63.1412 and recorded under § 63.1416(f). (C) A statement that the owner or operator will comply with the requirements specified in § 63.1405. (ii) If a performance test is required as a result of a process change, the owner or operator shall specify that the performance test has become necessary due to a process change. This specification shall be made in the performance test notification to the Administrator, as specified in paragraph (h)(3) of this section. (iii) If a process change does not result in additional applicable requirements, then the owner or operator shall include a statement documenting this in the next Periodic Report required by paragraph (f) of this section. (8) Electronic reporting. (i) For data collected using test methods supported by the EPA-provided software, the owner or operator shall submit the results of the performance test to the EPA by direct computer-to-computer electronic transfer via EPA-provided software, unless otherwise approved by the Administrator. Owners or operators, who claim that some of the information being submitted for performance tests is confidential business information (CBI), must submit a complete file using EPA-provided software that includes information claimed to be CBI on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: WebFIRE Administrator, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA by direct computer-to-computer electronic transfer via EPA-provided software. (ii) For any performance test conducted using test methods that are not compatible with the EPA-provided software, the owner or operator shall submit the results of the performance test to the Administrator at the appropriate address listed in § 60.4. (i) Operating permit application. (j) Alternative monitoring parameters. (1) The required information shall include a description of the parameter(s) to be monitored to ensure the recovery device, control device, or control technology is operated in conformance with its design and achieves the specified emission limit or percent reduction and an explanation of the criteria used to select the parameter(s). (2) The required information shall include a description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation, the schedule for this demonstration, and a statement that the owner or operator will establish a level for the monitored parameter as part of the Notification of Compliance Status report required in paragraph (e) of this section, unless this information has already been included in the operating permit application. (3) The required information shall include a description of the proposed monitoring, recordkeeping, and reporting system to include the frequency and content of monitoring, recordkeeping, and reporting. Further, the rationale for the proposed monitoring, recordkeeping, and reporting system shall be included if either condition in paragraph (j)(3)(i) or (ii) of this section is met: (i) If monitoring and recordkeeping is not continuous; or (ii) If reports of daily average values will not be included in Periodic Reports when the monitored parameter value is above the maximum level or below the minimum level as established in the operating permit or the Notification of Compliance Status. (k) Alternative continuous monitoring. (1) The provisions in § 63.8(f)(5)(i) shall govern the review and approval of requests. (2) An owner or operator of an affected source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and that does not generate continuous records may request approval to use a nonautomated system with less frequent monitoring in accordance with paragraphs (k)(2)(i) and (ii) of this section. (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average (or batch cycle daily average) values shall be calculated from these hourly values and recorded. (ii) The request shall contain: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the affected source does not have an automated monitoring and recording system; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control or recovery device operating conditions, considering typical variability of the specific process and control or recovery device operating parameter being monitored. (3) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency (for example, once every 15 minutes) but records all values that meet set criteria for variation from previously recorded values, in accordance with paragraphs (k)(3)(i) and (ii) of this section. (i) The requested system shall be designed to: (A) Measure the operating parameter value at least once every 15 minutes; (B) Except for the monitoring of batch process vents, calculate hourly average values each hour during periods of operation; (C) Record the date and time when monitors are turned off or on; (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident; (E) Calculate daily average, batch cycle daily average, or block average values of the monitored operating parameter based on all measured data; and (F) If the daily average is not a deviation, as defined in § 63.1413(i), from the operating parameter, the data for that operating day may be converted to hourly average values, and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain: (A) A description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained; (B) The method for calculating daily averages and batch cycle daily averages; and (C) A demonstration that the system meets all criteria in paragraph (k)(3)(i) of this section. (4) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in § 63.8(f)(4). [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60933, Oct. 8, 2014; 83 FR 51856, Oct. 15, 2018] § 63.1418 [Reserved] § 63.1419 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1400 through 63.1401 and 63.1404 through 63.1410. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37359, June 23, 2003] Table 1 to Subpart OOO of Part 63—Applicability of General Provisions to Subpart OOO Affected Sources Reference Applies to subpart OOO Explanation 63.1(a)(1) Yes § 63.1402 specifies definitions in addition to or that supersede definitions in § 63.2. 63.1(a)(2) Yes 63.1(a)(3) Yes § 63.1401(i) identifies those standards which overlap with the requirements of subpart OOO of this part and specify how compliance shall be achieved. 63.1(a)(4) Yes Subpart OOO (this table) specifies the applicability of each paragraph in subpart A of this part. 63.1(a)(5) No [Reserved]. 63.1(a)(6) Yes 63.1(a)(7)-63.1(a)(9) No [Reserved]. 63.1(a)(10) Yes 63.1(a)(11) Yes 63.1(a)(12)-63.1(a)(14) Yes 63.1(b)(1) No 63.1(b)(2) Yes 63.1(b)(3) No § 63.1400(e) provides documentation requirements for APPUs not considered affected sources. 63.1(c)(1) Yes Subpart OOO (this table) specifies the applicability of each paragraph in subpart A of this part. 63.1(c)(2) No Area sources are not subject to this subpart. 63.1(c)(3) No [Reserved]. 63.1(c)(4) No [Reserved]. 63.1(c)(5) Yes Except that affected sources are not required to submit notifications overridden by this table. 63.1(c)(6) Yes 63.1(d) No [Reserved]. 63.1(e) Yes 63.2 Yes § 63.1402 specifies the definitions from subpart A of this part that apply to this subpart. 63.3 Yes 63.4(a)(1)-63.4(a)(3) Yes 63.4(a)(4) No [Reserved]. 63.4(a)(5) Yes 63.4(b) Yes 63.4(c) Yes 63.5(a)(1) Yes Except the terms “source” and “stationary source” should be interpreted as having the same meaning as “affected source.” 63.5(a)(2) Yes 63.5(b)(1) Yes Except § 63.1400(d) specifies when construction or reconstruction is subject to new source standards. 63.5(b)(2) No [Reserved]. 63.5(b)(3) Yes 63.5(b)(4) Yes Except that the Initial Notification and § 63.9(b) requirements do not apply. 63.5(b)(5) Yes 63.5(b)(6) Yes Except that § 63.1400(d) specifies when construction or reconstruction is subject to new source standards. 63.5(c) No [Reserved]. 63.5(d)(1)(i) Yes Except that the references to the Initial Notification and § 63.9(b)(5) do not apply. 63.5(d)(1)(ii) Yes Except that § 63.5(d)(1)(ii)(H) does not apply. 63.5(d)(1)(iii) No § 63.1417(e) specifies Notification of Compliance Status requirements. 63.5(d)(2) No 63.5(d)(3) Yes Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.1410 are exempt. 63.5(d)(4) Yes 63.5(e) Yes 63.5(f)(1) Yes 63.5(f)(2) Yes Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. 63.6(a) Yes 63.6(b)(1) Yes 63.6(b)(2) Yes 63.6(b)(3) Yes 63.6(b)(4) Yes 63.6(b)(5) Yes 63.6(b)(6) No [Reserved]. 63.6(b)(7) No 63.6(c)(1) Yes Except that § 63.1401 specifies the compliance date. 63.6(c)(2) No 63.6(c)(3) No [Reserved]. 63.6(c)(4) No [Reserved]. 63.6(c)(5) Yes 63.6(d) No [Reserved]. 63.6(e) Yes Except as otherwise specified in this table. 63.6(e)(1)(i) No See § 63.1400(k)(4) for general duty requirement. 63.6(e)(1)(ii) No 63.6(e)(1)(iii) Yes 63.6(e)(2) Yes 63.6(e)(3) No 63.6(f)(1) No 63.6(f)(2) Yes Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D), does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.1410. 63.6(f)(3) Yes 63.6(g) Yes 63.6(h) No This subpart OOO does not require opacity and visible emission standards. 63.6(i)(1) Yes 63.6(i)(2) Yes 63.6(i)(3) Yes 63.6(i)(4)(i)(A) Yes 63.6(i)(4)(i)(B) No Dates are specified in §§ 63.1401(e) and 63.1417(d)(1). 63.6(i)(4)(ii) No 63.6(i)(5)-(14) Yes 63.6(i)(15) No [Reserved]. 63.6(i)(16) Yes 63.6(j) Yes 63.7(a)(1) Yes 63.7(a)(2) No § 63.1417(e) specifies the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. 63.7(a)(3) Yes 63.7(b) No § 63.1417 specifies notification requirements. 63.7(c) No 63.7(d) Yes 63.7(e)(1) No See § 63.1413(a)(2). 63.7(e)(2) Yes 63.7(e)(3) No Subpart OOO specifies requirements. 63.7(e)(4) Yes 63.7(f) Yes Except that if a site specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3), approval or disapproval of the alternative test method shall not be tied to the site specific test plan. 63.7(g) Yes Except that the requirements in § 63.1417(e) shall apply instead of the references to the Notification of Compliance Status report in § 63.9(h). In addition, equipment leaks subject to § 63.1410 are not required to conduct performance tests. 63.7(h) Yes Except § 63.7(h)(4)(ii) may not be applicable, if the site-specific test plan in § 63.7(c)(2) is not required. 63.8(a)(1) Yes 63.8(a)(2) No 63.8(a)(3) No [Reserved]. 63.8(a)(4) Yes 63.8(b)(1) Yes 63.8(b)(2) No Subpart OOO specifies locations to conduct monitoring. 63.8(b)(3) Yes 63.8(c)(1) Yes 63.8(c)(1)(i) No 63.8(c)(1)(ii) No 63.8(c)(1)(iii) No 63.8(c)(2) Yes 63.8(c)(3) Yes 63.8(c)(4) No § 63.1415 specifies monitoring frequency; not applicable to equipment leaks because § 63.1410 does not require continuous monitoring systems. 63.8(c)(5)-63.8(c)(8) No 63.8(d) No 63.8(e) No 63.8(f)(1)-63.8(f)(3) Yes 63.8(f)(4)(i) No Timeframe for submitting request is specified in § 63.1417 (j) or (k); not applicable to equipment leaks because § 63.1410 (through reference to 40 CFR part 63, subpart UU) specifies acceptable alternative methods. 63.8(f)(4)(ii) No Contents of request are specified in § 63.1417(j) or (k). 63.8(f)(4)(iii) No 63.8(f)(5)(i) Yes 63.8(f)(5)(ii) No 63.8(f)(5)(iii) Yes 63.8(f)(6) No Subpart OOO does not require continuous emission monitors. 63.8(g) No Data reduction procedures specified in § 63.1416(a) and (h); not applicable to equipment leaks. 63.9(a) Yes 63.9(b) No Subpart OOO does not require an initial notification. 63.9(c) Yes 63.9(d) Yes 63.9(e) No § 63.1417 specifies notification deadlines. 63.9(f) No Subpart OOO does not require opacity and visible emission standards. 63.9(g) No 63.9(h) No § 63.1417(e) specifies Notification of Compliance Status requirements. 63.9(i) Yes 63.9(j) Yes For change in major source status only. 63.9(k) Yes Only as specified in § 63.9(j). 63.10(a) Yes 63.10(b)(1) No § 63.1416(a) specifies record retention requirements. 63.10(b)(2) No Subpart OOO specifies recordkeeping requirements. 63.10(b)(3) No § 63.1400(e) requires documentation of sources that are not affected sources. 63.10(c) No § 63.1416 specifies recordkeeping requirements. 63.10(d)(1) Yes 63.10(d)(2) No § 63.1417 specifies performance test reporting requirements; not applicable to equipment leaks. 63.10(d)(3) No Subpart OOO does not require opacity and visible emission standards. 63.10(d)(4) Yes 63.10(d)(5) No See § 63.1417(g) for malfunction reporting requirements. 63.10(e) No § 63.1417 specifies reporting requirements. 63.10(f) Yes 63.11 Yes Except that instead of § 63.11(b), § 63.1413(g) shall apply. 63.12 Yes 63.13-63.15 Yes [65 FR 3290, Jan. 20, 2000, as amended at 71 FR 20461, Apr. 20, 2006; 79 FR 60934, Oct. 8, 2014; 85 FR 73899, Nov. 19, 2020] Table 2 to Subpart OOO of Part 63—Known Organic Hazardous Air Pollutants (HAP) From the Manufacture of Amino/Phenolic Resins Organic HAP CAS Number Organic HAP subject to cooling tower monitoring requirements in § 63.1409 (Yes/No) Column A Column B Acrylamide 79-06-1 No No Aniline 62-53-3 Yes No Biphenyl 92-52-4 Yes Yes Cresol and cresylic acid (mixed) 1319-77-3 Yes No Cresol and cresylic acid (m-) 108-39-4 Yes No Cresol and cresylic acid (o-) 95-48-7 Yes No Cresol and cresylic acid (p-) 106-44-5 Yes No Diethanolamine 111-42-2 No No Dimethylformamide 68-12-2 No No Ethylbenzene 100-41-4 Yes Yes Ethylene glycol 107-21-1 No No Formaldehyde 50-00-0 Yes No Glycol ethers 0 No No Methanol 67-56-1 Yes Yes Methyl ethyl ketone 78-93-3 Yes Yes Methyl isobutyl ketone 108-10-1 Yes Yes Naphthalene 91-20-3 Yes Yes Phenol 108-95-2 Yes No Styrene 100-42-5 Yes Yes Toluene 108-88-3 No Yes Xylenes (NOS) 1330-20-7 Yes Yes Xylene (m-) 108-38-3 Yes Yes Xylene (o-) 95-47-6 Yes Yes Xylene (p-) 106-42-3 Yes Yes CAS No. = Chemical Abstract Registry Number. Table 3 to Subpart OOO of Part 63—Batch Process Vent Monitoring Requirements Control device Parameters to be monitored Frequency/recordkeeping requirements Scrubber a pH of scrubber effluent, and Continuous records as specified in § 63.1416(d). b Scrubber liquid and gas flow rates Continuous records as specified in § 63.1416(d). b Absorber a Exit temperature of the absorbing liquid, and Continuous records as specified in § 63.1416(d). b Exit specific gravity for the absorbing liquid Continuous records as specified in § 63.1416(d). b Condenser a Exit (product side) temperature Continuous records as specified in § 63.1416(d). a Carbon adsorber a Total regeneration steam flow or nitrogen flow, or pressure (gauge or absolute) during carbon bed regeneration cycle(s), and Record the total regeneration steam flow or nitrogen flow, or pressure for each carbon bed regeneration cycle. Temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle(s) Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s). Thermal incinerator Firebox temperature c Continuous records as specified in § 63.1416(d). b Catalytic incinerator Temperature upstream and downstream of the catalyst bed Continuous records as specified in § 63.1416(d). b Boiler or process heater with a design heat input capacity less than 44 megawatts and where the batch process vents or aggregate batch vent streams are not introduced with or used as the primary fuel Firebox temperature c Continuous records as specified in § 63.1416(d). b Flare Presence of a flame at the pilot light Hourly records of whether the monitor was continuously operating during batch emission episodes, or portions thereof, selected for control and whether a flame was continuously present at the pilot light during said periods. All control devices Diversion to the atmosphere from the control device or Hourly records of whether the flow indicator was operating during batch emission episodes, or portions thereof, selected for control and whether a diversion was detected at any time during said periods as specified in § 63.1416(d). Monthly inspections of sealed valves Records that monthly inspections were performed as specified in § 63.1416(d). Scrubber, absorber, condenser, and carbon adsorber (as an alternative to the requirements previously presented in this table) Concentration level or reading indicated by an organic monitoring device at the outlet of the control device Continuous records as specified in § 63.1416(d). b a b c Table 4 to Subpart OOO of Part 63—Operating Parameter Levels Device Parameters to be monitored Established operating Scrubber pH of scrubber effluent; and scrubber liquid and gas flow rates Minimum pH; and minimum liquid/gas ratio Absorber Exit temperature of the absorbing liquid; and exit specific gravity of the absorbing liquid Maximum temperature; and maximum specific gravity Condenser Exit temperature Maximum temperature Carbon absorber Total regeneration steam or nitrogen flow, or pressure (gauge or absolute) a Maximum flow or pressure; and maximum temperature Thermal incinerator Firebox temperature Minimum temperature Catalytic incinerator Temperature upstream and downstream of the catalyst bed Minimum upstream temperature; and minimum temperature difference across the catalyst bed Boiler or process heater Firebox temperature Minimum temperature Other devices (or as an alternate to the requirements previously presented in this table) b Organic HAP concentration level or reading at outlet of device Maximum organic HAP concentration or reading a b Table 5 to Subpart OOO of Part 63—Reports Required by This Subpart Reference Description of report Due date § 63.1400(j) and subpart A of this part Refer to Table 1 and subpart A of this part Refer to subpart A of this part. 63.1417(d) Precompliance Report Existing affected sources—12 months prior to the compliance date. New affected sources—with application for approval of construction or reconstruction. 63.1417(e) Notification of Compliance Status Within 150 days after the compliance date. 63.1417(f) Periodic Reports Semiannually, no later than 60 days after the end of each 6-month period. See § 63.1417(f)(1) for the due date for the first report. 63.1417(f)(12) Quarterly reports upon request of the administrator No later than 60 days after the end of each quarter. 63.1417(g) Start-up, shutdown, and malfunction reports Semiannually (same schedule as Periodic reports). 63.1417(h)(1) Notification of storage vessel inspection As specified in 40 CFR part 63, subpart WW. 63.1417(h)(2) Site-specific test plan 90 days prior to planned date of test. 63.1417(h)(3) Notification of planned performance test 30 days prior to planned date of test. 63.1417(h)(4) Notification of change in primary product As specified in § 63.1400 (g)(7) or (g)(8). 63.1417(h)(5) Notification of added emission points 180 days prior to the appropriate compliance date. 63.1417(h)(6) Notification that a small control device has been redesignated as a large control device Within 60 days of the redesignation of control device size. 63.1417(h)(7) Notification of process change Within 60 days after performance test or applicability assessment, whichever is sooner. 63.1417(h)(8) Electronic reporting Within 60 days after completing performance test. a [65 FR 3290, Jan. 20, 2000, as amended at 79 FR 60935, Oct. 8, 2014] Table 6 to Subpart OOO of Part 63—Coefficients for Total Resource Effectiveness a Control device basis Values of coefficients A B C Flare 5.276 × 10 −1 9.98 × 10 −2 2.096 × 10 −3 Thermal Incinerator 0 Percent Recovery 4.068 × 10 −1 1.71 × 10 −2 8.664 × 10 −3 Thermal Incinerator 70 Percent Recovery 6.868 × 10 −1 3.21 × 10 −3 3.546 × 10 −3 a MJ/scm = MegaJoules per standard cubic meter. scm/min = Standard cubic meters per minute. Subpart PPP—National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production Source: 64 FR 29439, June 1, 1999, unless otherwise noted. § 63.1420 Applicability and designation of affected sources. (a) Definition of affected source. (1) An affected source is either an existing affected source or a new affected source. Existing affected source is defined in paragraph (a)(2) of this section, and new affected source is defined in paragraph (a)(3) of this section. (2) An existing affected source is defined as the group of one or more polyether polyol manufacturing process units (PMPUs) and associated equipment, as listed in paragraph (a)(4) of this section, that is not part of a new affected source, as defined in paragraph (a)(3) of this section, and that is located at a plant site that is a major source. (3) A new affected source is defined as a source that meets the criteria of paragraph (a)(3)(i), (ii), or (iii) of this section. The situation described in paragraph (a)(3)(i) of this section is distinct from those situations described in paragraphs (a)(3)(ii) and (iii) of this section. (i) At a site without organic HAP emission points before September 4, 1997 (i.e., a “greenfield” site), the group of one or more PMPUs and associated equipment, as listed in paragraph (a)(4) of this section, that is part of a major source, and on which construction for the PMPU(s) commenced after September 4, 1997; (ii) The group of one or more PMPUs meeting the criteria in paragraph (g)(1)(i) of this section; or (iii) A reconstructed affected source meeting the criteria in paragraph (g)(2)(i) of this section. (4) The affected source also includes the emission points and components specified in paragraphs (a)(4)(i) through (vi) of this section that are associated with a PMPU (or a group of PMPUs) making up an affected source, as defined in § 63.1423. (i) Each waste management unit. (ii) Maintenance wastewater. (iii) Each heat exchange system. (iv) Components required by or utilized as a method of compliance with this subpart, which may include control techniques and recovery devices. (v) Product finishing operation. (vi) Each feed or catalyst operation. (b) PMPUs without organic HAP. (1) If an organic HAP is not used or manufactured in the production of polyether polyols, the PMPU is not subject to any provisions of this subpart, except that the owner or operator shall comply with either paragraph (b)(1)(i) or (ii) of this section. The owner or operator is not required to comply with the provisions of 40 CFR part 63, subpart A (the General Provisions) for that PMPU. (i) Retain information, data, and analyses used to document the basis for the determination that the PMPU does not use or manufacture any organic HAP. Types of information that could document this determination include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. (ii) When requested by the Administrator, demonstrate that the PMPU does not use or manufacture any organic HAP. (2) If an organic HAP is used or manufactured in the production of polyether polyols, but an organic HAP is not used in the production of one or more products that are not polyether polyols, the PMPU is not subject to any provision of this subpart other than paragraph (b)(1)(i) or (ii) of this section during the production of the non-polyether polyol products that do not use or manufacture any organic HAP. (c) Emission points included in the affected source but not subject to the provisions of this subpart. (1) Components and equipment that do not contain organic HAP or that contain organic HAP as impurities only and are located at a PMPU that is part of an affected source. (2) Stormwater managed in segregated sewers. (3) Water from fire-fighting and deluge systems in segregated sewers. (4) Spills. (5) Water from safety showers. (6) Water from testing of deluge systems. (7) Water from testing of firefighting systems. (8) Vessels that store and/or handle material that contains no organic HAP or organic HAP as impurities only. (9) Equipment that operates in organic HAP service for less than 300 hours during the calendar year. (10) Loading racks, loading arms, or loading hoses that only transfer liquids containing HAP as impurities. (11) Loading racks, loading arms, or loading hoses that vapor balance during all loading operations. (12) Utility fluids, such as heat transfer fluids. (d) Processes excluded from the affected source. (1) Research and development facilities. (2) Solvent reclamation, recovery, or recycling operations at hazardous waste treatment, storage, and disposal facilities (TSDF) requiring a permit under 40 CFR part 270 that are not part of a PMPU to which this subpart applies. (3) Except as specified in paragraph (d)(4) of this section, reactions or processing that occur after the epoxide polymerization is complete and after all catalyst removal steps, if any, are complete. (4) Beginning no later than the compliance dates specified in § 63.1422(h), replace paragraph (d)(3) of this section with “Reactions or processing that occur after the epoxide polymerization is complete, and after all catalyst removal, solvent removal, purification, drying, and solids handling steps, if any, are complete. If, prior to March 18, 2026, an owner or operator has submitted a notification of compliance status report to its permitting authority and made a determination that the provisions of subpart FFFF of this part are applicable to certain processes that occur after the epoxide polymerization and catalyst removal steps are complete, the owner or operator may continue to comply with subpart FFFF of this part to satisfy the requirements of this subpart for those processes.” (e) Primary product determination and applicability. (1) Initial primary product determination. (i) If a process unit manufactures only one product, then that product shall represent the primary product of the process unit. (ii) If a process unit produces more than one intended product at the same time, the primary product shall be determined in accordance with paragraph (e)(1)(ii)(A) or (B) of this section. (A) The product for which the process unit has the greatest annual design capacity on a mass basis shall represent the primary product of the process unit, or (B) If a process unit has the same maximum annual design capacity on a mass basis for two or more products and if one of those products is a polyether polyol, then the polyether polyol shall represent the primary product of the process unit. (iii) If a process unit is designed and operated as a flexible operation unit, the primary product shall be determined as specified in paragraph (e)(1)(iii)(A) or (B) of this section based on the anticipated operations for the 5 years following September 4, 1997 for existing process units, or for the first year after the process unit begins production of any product for the new process units. If operations cannot be anticipated sufficiently to allow the determination of the primary product for the specified period, applicability shall be determined in accordance with paragraph (e)(2) of this section. (A) If the flexible operation unit will manufacture one product for the greatest operating time over the specified 5-year period for existing process units, or the specified 1-year period for new process units, then that product shall represent the primary product of the flexible operation unit. (B) If the flexible operation unit will manufacture multiple products equally based on operating time, then the product with the greatest expected production on a mass basis over the specified 5-year period for existing process units, or the specified 1-year period for new process units shall represent the primary product of the flexible operation unit. (iv) If, according to paragraph (e)(1)(i), (ii), or (iii) of this section, the primary product of a process unit is a polyether polyol, then that process unit shall be designated as a PMPU. If the plant site is a major source, that PMPU and associated equipment, as listed in paragraph (a)(4) of this section, is either an affected source or part of an affected source comprised of one or more other PMPUs and associated equipment, as listed in paragraph (a)(4) of this section, and subject to this subpart. If the primary product of a process unit is not a polyether polyol, then that process unit is not a PMPU. (2) Provisions if primary product cannot be determined. (i) If the owner or operator can determine that a polyether polyol is not the primary product, then that flexible operation unit is not a PMPU. (ii) If the owner or operator cannot determine that a polyether polyol is not the primary product as specified in paragraph (e)(2)(i) of this section, applicability shall be determined in accordance with paragraph (e)(2)(ii)(A) or (B) of this section. (A) If the flexible operation unit is an existing process unit, the flexible operation unit shall be designated as a PMPU if a polyether polyol was produced for 5 percent or greater of the total operating time of the flexible operation unit since September 4, 1997. (B) If the flexible operation unit is a new process unit, the flexible operation unit shall be designated as a PMPU if the owner or operator anticipates that a polyether polyol will be manufactured in the flexible operation unit at any time in the first year after the date the unit begins production of any product. (3) Annual applicability determination for non-PMPUs that have produced a polyether polyol. (i) For each product produced in the flexible operation unit, the owner or operator shall calculate the percentage of total operating time over which the product was produced during the preceding 5-year period. (ii) The owner or operator shall identify the primary product as the product with the highest percentage of total operating time for the preceding 5-year period. (iii) If the primary product identified in paragraph (e)(3)(ii) is a polyether polyol, the flexible operation unit shall be designated as a PMPU. The owner or operator shall notify the Administrator no later than 45 days after determining that the flexible operation unit is a PMPU, and shall comply with the requirements of this subpart in accordance with paragraph (g)(1) of this section for the flexible operation unit. (4) Applicability determination for non-PMPUs that have not produced a polyether polyol. (5) Applicability of requirements for PMPUs that are flexible operation units. (i) Control requirements. (A) During periods when the PMPU produces polyether polyols, the owner or operator shall comply with the provisions of this subpart. (B) During periods when the PMPU produces products other than polyether polyols, the owner or operator is not required to install additional combustion, recovery, or recapture devices (to otherwise demonstrate compliance). However, the owner or operator shall continue to operate any existing combustion, recovery, or recapture devices that are required for compliance during the production of polyether polyols, with the exceptions provided in paragraph (e)(5)(iv) of this section. If extended cookout (ECO) is the control technique chosen for epoxide emission reduction, then ECO or a control technique providing an equivalent reduction in epoxide emissions should continue to be used for epoxide emission reduction, if the non-polyether polyol being produced uses epoxide monomers. (ii) Monitoring requirements. (A) The owner or operator shall establish a single parameter monitoring level (for each parameter required to be monitored at each device subject to monitoring requirements) in accordance with § 63.1438(a) based on emission point and control technique characteristics when polyether polyol is being produced. (B) The owner or operator shall monitor each parameter at each device subject to monitoring requirements at all times (during periods when the PMPU produces polyether polyols, and during periods when the PMPU produces products other than polyether polyols), with the exceptions provided in paragraph (e)(5)(iv) of this section. (C) If ECO is used to reduce epoxide emissions, a parameter monitoring level shall be established for the production of non-polyether polyol products as the average of the established parameter levels for all product classes produced. During periods when products other than polyether polyols are produced, the ECO shall be performed so that the parameter monitoring level established for the production of non-polyether polyol products is maintained when the ECO is used as a control technique. (iii) Group determinations. (iv) Exceptions. (A) Products in which no organic HAP is used or manufactured, provided that the owner or operator comply with paragraph (b)(2) of this section. (B) Products that make the PMPU subject to 40 CFR part 63, subpart GGG (Pharmaceuticals Production NESHAP). (6)-(7) [Reserved] (8) Requirements for flexible process units that are not PMPUs. (9) PMPUs terminating production of all polyether polyols. (10) Redetermination of applicability to PMPUs that are flexible operation units. (i) The product identified as the primary product is not polyether polyol; (ii) The production of the product identified as the primary product is subject to another subpart of this part; and (iii) The owner or operator submits a notification to the Administrator of the pending change in applicability. (f) Storage vessel ownership determination. (1) If a storage vessel is already subject to another subpart of 40 CFR part 63 (National Emission Standards for Hazardous Air Pollutants for Source Categories) on June 1, 1999, that storage vessel shall be assigned to the process unit subject to the other subpart, and none of the other provisions in this subpart shall apply to that storage vessel. (2) If a storage vessel is dedicated to a single process unit, the storage vessel shall be assigned to that process unit. (3) If a storage vessel is shared among process units, then the storage vessel shall be assigned to that process unit located on the same plant site as the storage vessel that has the greatest input into or output from the storage vessel (i.e., the process unit that has the predominant use of the storage vessel.) (4) If predominant use cannot be determined for a storage vessel that is shared among process units and if only one of those process units is a PMPU subject to this subpart, the storage vessel shall be assigned to that PMPU. (5) If predominant use cannot be determined for a storage vessel that is shared among process units and if more than one of the process units are PMPUs that have different primary products and that are subject to this subpart, then the owner or operator shall assign the storage vessel to any one of the PMPUs sharing the storage vessel. (6) If the predominant use of a storage vessel varies from year to year, then predominant use shall be determined based on the utilization that occurred during the year preceding June 1, 1999 or based on the expected utilization for the 5 years following June 1, 1999 for existing affected sources, whichever is more representative of the expected operations for that storage vessel, and based on the expected utilization for the 5 years after initial start-up for new affected sources. The determination of predominant use shall be reported in the Notification of Compliance Status, as required by § 63.1439(e)(5)(v). (7) Where a storage vessel is located at a major source that includes one or more process units which place material into or receive material from the storage vessel, but the storage vessel is located in a tank farm (including a marine tank farm), the applicability of this subpart shall be determined according to the provisions in paragraphs (f)(7)(i) through (iv) of this section. (i) The storage vessel may only be assigned to a process unit that utilizes the storage vessel and does not have an intervening storage vessel for that product (or raw materials, as appropriate). With respect to any process unit, an intervening storage vessel means a storage vessel connected by hard-piping to both the process unit and the storage vessel in the tank farm so that product or raw material entering or leaving the process unit flows into (or from) the intervening storage vessel and does not flow directly into (or from) the storage vessel in the tank farm. (ii) If there is no process unit at the major source that meets the criteria of paragraph (f)(7)(i) of this section with respect to a storage vessel, this subpart does not apply to the storage vessel. (iii) If there is only one process unit at the major source that meets the criteria of paragraph (f)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to that process unit. (iv) If there are two or more process units at the major source that meet the criteria of paragraph (f)(7)(i) of this section with respect to a storage vessel, the storage vessel shall be assigned to one of those process units according to the provisions of paragraphs (f)(3) through (6) of this section. The predominant use shall be determined among only those process units that meet the criteria of paragraph (f)(7)(i) of this section. (8) If the storage vessel begins receiving material from (or sending material to) a process unit that was not included in the initial determination, or ceases to receive material from (or send material to) a process unit that was included in the initial determination, the owner or operator shall reevaluate the applicability of this subpart to that storage vessel. (g) Changes or additions to plant sites. (1) Adding a PMPU to a plant site. (i) If a group of one or more PMPUs is added to a plant site, the added group of one or more PMPUs and their associated equipment, as listed in paragraph (a)(4) of this section, shall be a new affected source and shall comply with the requirements for a new affected source in this subpart upon initial start-up or by June 1, 1999, whichever is later, if the added group of one or more PMPUs meets the criteria specified in paragraph (g)(1)(i)(A) of this section and either meets the criteria in paragraph (g)(1)(i)(B) or (C) of this section. (A) The process units are new process units, as defined in § 63.1423. (B) The added group of one or more PMPUs and associated equipment, as listed in paragraph (a)(4) of this section, has the potential to emit 10 tons per year (9.1 megagrams per year) or more of any organic HAP or 25 tons per year (22.7 megagrams per year) or more of any combination of organic HAP, and polyether polyols are currently produced at the plant site as the primary product of an affected source. (C) A polyether polyol is not currently produced at the plant site as the primary product of an affected source, and the plant site meets, or after the addition is constructed will meet, the General Provisions' definition of a major source in § 63.2. (ii) If a group of one or more PMPUs is added to a plant site, and the added group of one or more PMPUs does not meet the criteria specified in paragraph (g)(1)(i)(A) of this section and one of the criteria specified in either paragraph (g)(1)(i)(B) or (C) of this section, and the plant site meets, or after the addition will meet, the definition of a major source, the owner or operator of the added group of one or more PMPUs and associated equipment, as listed in paragraph (a)(4) of this section, shall comply with the requirements for an existing affected source in this subpart upon initial start-up; by June 1, 2002; or by 6 months after notifying the Administrator that a process unit has been designated as a PMPU (in accordance with paragraph (g)(3) of this section), whichever is later. (2) Adding emission points or making process changes to existing affected sources. (i) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of this section are met, the entire affected source shall be a new affected source and shall comply with the requirements for a new affected source upon initial start-up or by June 1, 1999, whichever is later. (A) The replacement of components meets the definition of reconstruction in § 63.1423(b). For purposes of determining whether the fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct an entire affected source, the equivalent capital cost shall be the entire potentially affected source; and (B) Such reconstruction commenced after September 4, 1997. (ii) If any components are replaced at an existing affected source such that the criteria specified in paragraphs (g)(2)(i)(A) and (B) of this section are not met and that replacement of components creates one or more emission points (i.e., either newly created Group 1 emission points or emission points that change from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, heat exchange systems subject to § 63.1435, or equipment leak components subject § 63.1434), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance upon initial start-up or by the appropriate compliance date specified in § 63.1422 (i.e., December 1, 1999 for most equipment leak components subject to § 63.1434, and June 1, 2002 for emission points other than equipment leaks), whichever is later. (iii) If an addition or process change (not including a process change that solely replaces components) is made that creates one or more Group 1 emission points (i.e., either newly created Group 1 emission points or emission points that change group status from Group 2 to Group 1) or causes any other emission point to be added (i.e., Group 2 emission points, heat exchange systems subject to § 63.1435, or equipment leak components subject to § 63.1434), the resulting emission point(s) shall be subject to the applicable requirements for an existing affected source. The resulting emission point(s) shall be in compliance by initial start-up or by the appropriate compliance date specified in § 63.1422 (i.e., December 1, 1999 for most equipment leak components subject to § 63.1434, and June 1, 2002 for emission points other than equipment leaks), whichever is later. (3) Determining what are and are not process changes. (4) Reporting requirements for owners or operators that change or add to their plant site or affected source. (h) Applicability of this subpart. (2) The emission limitations set forth in 40 CFR part 63, subpart H, as referred to in the equipment leak provisions in § 63.1434, shall apply at all times except during periods of non-operation of the affected source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which § 63.1434 applies. (3) The owner or operator shall not shut down items of equipment that are required or utilized for compliance with this subpart during times when emissions (or, where applicable, wastewater streams or residuals) are being routed to such items of equipment if the shutdown would contravene requirements applicable to such items of equipment. (4) General duty. [64 FR 29439, June 1, 1999, as amended at 65 FR 26498, May 8, 2000; 71 FR 20461, Apr. 20, 2006; 79 FR 17376, Mar. 27, 2014; 90 FR 42328, Sept. 2, 2025; 91 FR 13150, Mar. 18, 2026] § 63.1421 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to state, local, or Tribal agencies are as specified in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the requirements in §§ 63.1420, 63.1422, 63.1424 through 63.1428, and 63.1432 through 63.1436. Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart. Where these standards reference another subpart and modify the requirements, the requirements shall be modified as described in this subpart. Delegation of the modified requirements will also occur according to the delegation provisions of the referenced subpart. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the U.S. EPA required by this subpart. [68 FR 37359, June 23, 2003, as amended at 91 FR 13150, Mar. 18, 2026] § 63.1422 Compliance dates and relationship of this rule to existing applicable rules. (a) [Reserved] (b) Except as specified in paragraph (h) of this section, new affected sources that commence construction or reconstruction after September 4, 1997 shall be in compliance with this subpart (except § 63.1434(c)(3)) upon initial start-up or by June 1, 1999, whichever is later. New affected sources that commenced construction or reconstruction after September 4, 1997, but on or before January 9, 2012, shall be in compliance with the pressure relief device monitoring requirements of § 63.1434(c)(3) by March 27, 2017. New affected sources that commence construction or reconstruction after January 9, 2012, shall be in compliance with the pressure relief device monitoring requirements of § 63.1434(c)(3) upon initial start-up or by March 27, 2014, whichever is later. (c) Except as specified in paragraph (h) of this section, existing affected sources shall be in compliance with this subpart (except for § 63.1434 for which compliance is covered by paragraph (d) of this section) no later than June 1, 2002, as provided in § 63.6(c), unless an extension has been granted as specified in paragraph (e) of this section. (d) Except as provided for in paragraphs (d)(1) through (6), and (h) of this section, existing affected sources shall be in compliance with § 63.1434 no later than December 1, 1999, unless an extension has been granted as specified in paragraph (e) of this section. (1) Compliance with the compressor provisions of § 63.164 shall occur no later than June 1, 2000 for any compressor meeting one or more of the criteria in paragraphs (d)(1)(i) through (iv) of this section, if the work can be accomplished without a process unit shutdown, as defined in § 63.161. (i) The seal system will be replaced. (ii) A barrier fluid system will be installed. (iii) A new barrier fluid will be utilized which requires changes to the existing barrier fluid system. (iv) The compressor shall be modified to permit connecting the compressor to a closed vent system. (2) Compliance with the compressor provisions of § 63.164 shall occur no later than December 1, 2000, for any compressor meeting all the criteria in paragraphs (d)(2)(i) through (iv) of this section. (i) The compressor meets one or more of the criteria specified in paragraphs (d)(1)(i) through (iv) of this section. (ii) The work can be accomplished without a process unit shutdown as defined in § 63.161. (iii) The additional time is necessary, due to the unavailability of parts beyond the control of the owner or operator. (iv) The owner or operator submits the request for a compliance extension to the appropriate U.S. Environmental Protection Agency Regional Office at the addresses listed in § 63.13 no later than 45 days before December 1, 1999. The request for a compliance extension shall contain the information specified in § 63.6(i)(6)(i)(A) and (B). Unless the EPA Regional Office objects to the request for a compliance extension within 30 days after receipt of the request, the request shall be deemed approved. (3) If compliance with the compressor provisions of § 63.164 cannot reasonably be achieved without a process unit shutdown, as defined in § 63.161, the owner or operator shall achieve compliance no later than June 1, 2001. The owner or operator who elects to use this provision shall submit a request for an extension of compliance in accordance with the requirements of paragraph (d)(2)(iv) of this section. (4) Compliance with the compressor provisions of § 63.164 shall occur not later than June 1, 2002 for any compressor meeting one or more of the criteria in paragraphs (d)(4)(i) through (iii) of this section. The owner or operator who elects to use these provisions shall submit a request for an extension of compliance in accordance with the requirements of paragraph (d)(2)(iv) of this section. (i) Compliance cannot be achieved without replacing the compressor. (ii) Compliance cannot be achieved without recasting the distance piece. (iii) Design modifications are required to connect to a closed-vent system. (5) Except as specified in § 63.1434(a)(7), compliance with the surge control vessel and bottoms receiver provisions of § 63.170 shall occur no later than June 1, 2002. (6) Compliance with the pressure relief device monitoring provisions of § 63.1434(c)(3) shall occur no later than March 27, 2017. (e) Pursuant to section 112(i)(3)(B) of the Act, an owner or operator may request an extension allowing the existing affected source up to 1 additional year to comply with section 112(d) standards. For purposes of this subpart, a request for an extension shall be submitted to the permitting authority as part of the operating permit application, or to the Administrator as a separate submittal, or as part of the Precompliance Report. Requests for extensions shall be submitted no later than 120 days prior to the compliance dates specified in paragraphs (b) through (d) of this section, or as specified elsewhere in this subpart. The dates specified in § 63.6(i) for submittal of requests for extensions shall not apply to this subpart. (1) A request for an extension of compliance shall include the data described in § 63.6(i)(6)(i)(A) and (B). (2) The requirements in § 63.6(i)(8) through (14) shall govern the review and approval of requests for extensions of compliance with this subpart. (3) An owner or operator may submit a compliance extension request after the date specified in paragraph (e) of this section, provided that the need for the compliance extension arose after that date, and the need arose due to circumstances beyond reasonable control of the owner or operator. This request shall include, in addition to the information specified in paragraph (e)(1) of this section, a statement of the reasons additional time is needed and the date when the owner or operator first learned of the problem. (f) Table 1 of this subpart specifies the requirements in 40 CFR part 63, subpart A (the General Provisions) that apply and those that do not apply to owners and operators of affected sources subject to this subpart. For the purposes of this subpart, Table 3 of 40 CFR part 63, subpart F is not applicable. (g) Table 2 of this subpart summarizes the provisions of 40 CFR part 63, subparts F, G, and H (collectively known as the “HON”) that apply and those that do not apply to owners and operators of affected sources subject to this subpart. (h) All affected sources that commenced construction or reconstruction on or before December 27, 2024, must be in compliance with the provisions listed in paragraphs (h)(1) through (8) of this section upon initial start-up or on March 18, 2029, whichever is later. All affected sources that commenced construction or reconstruction after December 27, 2024, must be in compliance with the provisions listed in paragraphs (h)(1) through (8) of this section upon initial start-up, or on March 18, 2026, whichever is later. (1) The provisions specified in § 63.1420(d)(4), the definition of “in ethylene oxide service” in §§ 63.1423, 63.1436, 63.1437(a) and (c)(4), and 63.1439(e)(6)(iii)(A) through (C). (2) For process vents, the provisions specified in §§ 63.1425(f)(11), (g), and (h); 63.1426(a)(2), (b)(7), (d)(1)(iv), (e)(2)(v) and (vi), and (g), 63.1427(a)(2)(iii), 63.1428(c)(2), (d)(3), and (e)(2); 63.1429(a)(8) and (9) and (c)(3); 63.1430(d)(6) and (h)(7); table 5 to this subpart, for carbon adsorber, for outlet HAP or TOC concentration, adsorbent replacement, and breakthrough, third column; table 5 to this subpart, for all combustion, recovery, or recapture devices, for diversion to the atmosphere from a combustion, recovery, or recapture device or monthly inspections of sealed valves, item 3 in the third column; table 6 to this subpart for carbon adsorber, for outlet HAP or TOC concentration, adsorbent replacement, and breakthrough, third column; table 6 to this subpart for all combustion, recovery, or recapture devices, for diversion to the atmosphere from a combustion, recovery, or recapture device or monthly inspections of sealed valves, item 3 in the third column. (3) For storage vessels, the provisions specified in § 63.1432(r) through (w) and table 3 to this subpart. (4) For wastewater, the provisions specified in § 63.1433(a)(21) and (23). (5) For equipment leaks, the provisions specified in § 63.1434(a)(2), (3), and (6). (6) For surge control vessels and bottoms receivers, the provisions specified in § 63.1434(a)(7). (7) For transfer racks, the provisions specified in § 63.1434(i). (8) For heat exchange systems, the provisions specified in § 63.1435(g) and (i). (i) After the compliance dates specified in this section, a storage vessel that is assigned to an affected source subject to this subpart that is also subject to the 40 CFR part 60, subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984) is required to comply only with the provisions of this subpart. After the compliance dates specified in this section, that storage vessel shall no longer be subject to 40 CFR part 60, subpart Kb. (j) After the compliance dates specified in this subpart, if any combustion device, recovery device or recapture device subject to this subpart is also subject to monitoring, recordkeeping, and reporting requirements for hazardous waste, disposal, and treatment facilities in 40 CFR part 264, subpart AA (Air Emission Standards for Process Vents) or subpart CC (Air Emission Standards for Tanks, Surface Impoundment, and Containers), the owner or operator may comply with either paragraph (j)(1) or (2) of this section. If, after the compliance dates specified in this subpart, any combustion device, recovery device, or recapture device subject to this subpart is subject to monitoring and recordkeeping requirements hazardous waste treatment, storage, and disposal facilities in 40 CFR part 265, subpart AA (Air Emission Standards for Process Vents) or subpart CC (Air Emission Standards for Tanks, Surface Impoundments, and Containers), the owner or operator may comply with either paragraph (j)(1) or (3) of this section. If the owner or operator elects to comply with either paragraph (j)(2) or (3) of this section, the owner or operator shall notify the Administrator of this choice in the Notification of Compliance Status required by § 63.1439(e)(5). (1) The owner or operator shall comply with the monitoring, recordkeeping and reporting requirements of this subpart. (2) The owner or operator shall comply with the monitoring, recordkeeping and reporting requirements in 40 CFR part 264, with the following exception. All excursions, as defined in § 63.1438(f), shall be reported in the periodic report. Compliance with this paragraph shall constitute compliance with the monitoring, recordkeeping and reporting requirements of this subpart. (3) The owner or operator shall comply with the monitoring and recordkeeping requirements of 40 CFR part 265, subpart AA or subpart CC, and the periodic reporting requirements under 40 CFR part 264, subpart AA or subpart CC, that would apply to the device if the facility had final-permitted status, with the following exception. All excursions, as defined in § 63.1438(f), shall be reported in the periodic report. Compliance with this paragraph shall constitute compliance with the monitoring, recordkeeping and reporting requirements of this subpart. (k) Paragraphs (k)(1) and (2) of this section address instances in which requirements from other regulations overlap for the same heat exchange system(s) or waste management unit(s) that are subject to this subpart. (1) After the applicable compliance date specified in this subpart, if a heat exchange system subject to this subpart is also subject to a standard identified in paragraph (k)(1)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraph (k)(1)(i) or (ii) shall constitute compliance with the applicable provisions of this subpart with respect to that heat exchange system. (i) 40 CFR part 63, subpart F. (ii) A subpart of this part which requires compliance with the HON heat exchange system requirements in § 63.104 (e.g., 40 CFR part 63, subpart JJJ or U). (2) After the applicable compliance date specified in this subpart, if any waste management unit subject to this subpart is also subject to a standard identified in paragraph (k)(2)(i) or (ii) of this section, compliance with the applicable provisions of the standard identified in paragraph (k)(2)(i) or (ii) shall constitute compliance with the applicable provisions of this subpart with respect to that waste management unit. (i) 40 CFR part 63, subpart G. (ii) A subpart of this part which requires compliance with the HON process wastewater provisions in §§ 63.132 through 63.147 (e.g., subpart JJJ or U). (l) All terms in this subpart that define a period of time for completion of required tasks (e.g., monthly, quarterly, annual), unless specified otherwise in the section or subsection that imposes the requirement, refer to the standard calendar periods, unless altered by mutual agreement between the owner or operator and the Administrator in accordance with paragraph (l)(1) of this section. (1) Notwithstanding time periods specified in this subpart for completion of required tasks, such time periods may be changed by mutual agreement between the owner or operator and the Administrator, as specified in the General Provisions in 40 CFR part 63, subpart A (e.g., a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period shall remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in paragraphs (l)(2)(i) or (ii) of this section, as appropriate. (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs, if there remains at least 2 weeks for tasks that shall be performed monthly, at least 1 month for tasks that shall be performed each quarter, or at least 3 months for tasks that shall be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision of this subpart requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period, provided that the task is conducted at a reasonable interval after completion of the task during the previous period. [64 FR 29439, June 1, 1999, as amended at 65 FR 26499, May 8, 2000; 79 FR 17377, Mar. 27, 2014; 91 FR 13150, Mar. 18, 2026] § 63.1423 Definitions. (a) The following terms used in this subpart shall have the meaning given them in subparts A and F of this part as specified after each term: Act (subpart A) Administrator (subpart A) Automated monitoring and recording system (subpart F) Boiler (subpart F) Bottoms receiver (subpart F) Breakthrough (subpart F) By-product (subpart F) Car-seal (subpart F) Closed vent system (subpart F) Combustion device (subpart F) Commenced (subpart A) Compliance date (subpart A) Continuous emission monitoring system (subpart A) Continuous monitoring system (subpart A) Emission standard (subpart A) EPA (subpart A) Equipment (subpart F) Flow indicator (subpart F) Fuel gas (subpart F) Fuel gas system (subpart F) Hard-piping (subpart F) Impurity (subpart F) Incinerator (subpart F) Loading rack (subpart F) Major source (subpart A) Malfunction (subpart A) Oil-water separator or organic-water separator (subpart F) Open-ended valve or line (subpart F) Operating permit (subpart F) Organic monitoring device (subpart F) Owner or operator (subpart A) Performance evaluation (subpart A) Performance test (subpart A) Permitting authority (subpart A) Plant site (subpart F) Potential to emit (subpart A) Pressure release (subpart F) Pressure relief device or valve (subpart F) Pressure vessel (subpart F) Primary fuel (subpart F) Process heater (subpart F) Process unit shutdown (subpart F) Reactor (subpart F) Recapture device (subpart F) Research and development facility (subpart F) Responsible official (subpart A) Run (subpart A) Secondary fuel (subpart F) Sensor (subpart F) Specific gravity monitoring device (subpart F) State (subpart A) Surge control vessel (subpart F) Temperature monitoring device (subpart F) Test method (subpart A) Total resource effectiveness index value (subpart F) Treatment process (subpart F) Visible emission (subpart A) (b) All other terms used in this subpart shall have the meaning given them in this section. Ancillary activities i.e., Annual average concentration, Annual average flow rate, Batch cycle Batch unit operation Catalyst extraction Construction Continuous record Continuous recorder Continuous unit operation Control technique Emission point Epoxide i.e., Equipment leak Extended Cookout (ECO) Flexible operation unit Group 1 combination of batch process vents (1) Has annual nonepoxide organic HAP emissions, determined in accordance with § 63.1428(b), of 11,800 kilograms per year (kg/yr) or greater, and (2) Has a cutoff flow rate, determined in accordance with § 63.1428(e), that is greater than or equal to the annual average flow rate, determined in accordance with § 63.1428(d). No later than March 18, 2029, Group 1 combination of batch process vents Group 2 combination of batch process vents Group 1 continuous process vent (1) Has a flow rate greater than or equal to 0.005 standard cubic meters per minute, (2) Has a total organic HAP concentration greater than or equal to 50 parts per million by volume, and (3) Has a total resource effectiveness index value, calculated in accordance with § 63.1428(h)(1), less than or equal to 1.0. Group 2 continuous process vent Group 1 storage vessel Group 2 storage vessel Group 1 transfer rack Group 2 transfer rack Group 1 wastewater stream i.e., Group 2 wastewater stream Heat exchange system i.e., e.g., In ethylene oxide service (1) For equipment leaks, any equipment that contains or contacts a fluid (liquid or gas) that is at least 1.0 percent by weight of ethylene oxide. If information exists that suggests ethylene oxide could be present in equipment, the equipment is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the equipment does not meet the definition of being “in ethylene oxide service.” Examples of information that could suggest ethylene oxide could be present in equipment, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (2) For heat exchange systems, any heat exchange system in a process that cools process fluids (liquid or gas) that are 1.0 percent or greater by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a heat exchange system, then the heat exchange system is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the heat exchange system does not meet the definition of being “in ethylene oxide service.” Examples of information that could suggest ethylene oxide could be present in a heat exchange system, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (3) For process vents, each Group 1 and Group 2 process vent in a process that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the sum of all these process vents within the process would emit uncontrolled, ethylene oxide emissions greater than or equal to 100 lb/yr (45.4 kg/yr). If information exists that suggests ethylene oxide could be present in a Group 1 or Group 2 process vent, then the Group 1 or Group 2 process vent is considered to be “in ethylene oxide service” unless an analysis is performed as specified in § 63.109 to demonstrate that the Group 1 or Group 2 process vent does not meet the definition of being “in ethylene oxide service.” Examples of information that could suggest ethylene oxide could be present in a Group 1 or Group 2 process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (4) For storage vessels, storage vessels of any capacity and vapor pressure storing a liquid that is at least 1.0 percent by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a storage vessel, then the storage vessel is considered to be “in ethylene oxide service” unless the procedures specified in § 63.109 are performed to demonstrate that the storage vessel does not meet the definition of being “in ethylene oxide service.” The exemption for “vessels storing organic liquids that contain organic hazardous air pollutants only as impurities” listed in the definition of “storage vessel” in this section does not apply for storage vessels that may be in ethylene oxide service. Examples of information that could suggest ethylene oxide could be present in a storage vessel, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (5) For wastewater streams, any wastewater stream that contains total annual average concentration of ethylene oxide greater than or equal to 10 parts per million by weight at any flow rate. If knowledge exists that suggests ethylene oxide could be present in a wastewater stream, then the wastewater stream is considered to be “in ethylene oxide service” unless sampling and analysis is performed as specified in § 63.109 to demonstrate that the wastewater stream does not meet the definition of being “in ethylene oxide service.” Examples of information that could suggest ethylene oxide could be present in a wastewater stream, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (6) For paragraphs (1) through (5) of this definition, the following sentence in § 63.109 does not apply: “This section applies beginning no later than the compliance dates specified in § 63.100(k)(11).” Instead, § 63.109 applies beginning no later than the compliance dates specified in § 63.1422(h). Also, an owner or operator of an existing source is not required to comply with § 63.109(a)(1) through (6) for an initial measurement or initial performance test if a previously conducted measurement or performance test was completed on or after March 18, 2021 and the requirements specified in § 63.109(a)(7)(i) through (iii) are met. In organic hazardous air pollutant service or in organic HAP service Initial start-up Maintenance wastewater Make or modify the product e.g., Maximum true vapor pressure New process unit On-site or on site Operating day Organic hazardous air pollutant(s) (organic HAP) (1) Is knowingly produced or introduced into the manufacturing process other than as an impurity; and (2) Is listed in table 2 of 40 CFR part 63, subpart F in the HON. Polyether polyol i.e., i.e., polyether polyol Polyether polyol manufacturing process unit (PMPU) i.e., Pressure decay curve Primary product Process unit Process vent Process wastewater Product Product class e.g., e.g., Reactor liquid Reconstruction (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable new source; and (2) It is technologically and economically feasible for the reconstructed source to meet the provisions of this subpart. Recovery device i.e., Residual Shutdown Start-up Steady-state conditions Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) [Reserved] (3) Except for storage vessels in ethylene oxide service, vessels with capacities smaller than 38 cubic meters; (4) Except for storage vessels in ethylene oxide service, vessels and equipment storing and/or handling material that contains no organic HAP, or organic HAP as impurities only; (5) Surge control vessels and bottoms receiver tanks; (6) Wastewater storage tanks; and (7) Storage vessels assigned to another process unit regulated under another subpart of part. Total organic compounds (TOC) Transfer rack Unit operation Vent stream, Waste management unit Wastewater (1) Contains either (i) An annual average concentration of organic HAP listed in table 4 of this subpart of at least 5 parts per million by weight and has an annual average flow rate of 0.02 liter per minute or greater, or (ii) An annual average concentration of organic HAP listed on table 4 to this subpart of at least 10,000 parts per million by weight at any flow rate; or (iii) Beginning March 18, 2029, a total annual average concentration of ethylene oxide greater than or equal to 10 parts per million by weight at any flow rate; and that (2) Is discarded from a PMPU that is part of an affected source. Wastewater is process wastewater or maintenance wastewater. [91 FR 13151, Mar. 18, 2026] § 63.1424 Emission standards. (a) Except as provided under paragraph (b) of this section, the owner or operator of an existing or new affected source shall comply with the provisions in: (1) Sections 63.1425 through 63.1430 for process vents; (2) Section 63.1432 for storage vessels; (3) Section 63.1433 for wastewater; (4) Section 63.1434 for equipment leaks; (5) Section 63.1435 for heat exchangers; (6) Section 63.1437 for additional test methods and procedures; (7) Section 63.1438 for monitoring levels and excursions; and (8) Section 63.1439 for general reporting and recordkeeping requirements. (b) When emissions of different kinds (i.e., emissions from process vents subject to §§ 63.1425 through 63.1430, storage vessels subject to § 63.1432, process wastewater, and/or in-process equipment subject to § 63.149) are combined, and at least one of the emission streams would require control according to the applicable provision in the absence of combination with other emission streams, the owner or operator shall comply with the requirements of either paragraph (b)(1) or (2) of this section. (1) Comply with the applicable requirements of this subpart for each kind of emission in the stream as specified in paragraphs (a)(1) through (5) of this section; or (2) Comply with the most stringent set of requirements that applies to any individual emission stream that is included in the combined stream, where either that emission stream would be classified as requiring control in the absence of combination with other emission streams, or the owner chooses to consider that emission stream to require control for the purposes of this paragraph. § 63.1425 Process vent control requirements. (a) Applicability of process vent control requirements. (b) Requirements for epoxide emissions. (1) For new affected sources, the owner or operator shall comply with paragraph (b)(1)(i), (ii), or (iii) this section. The owner or operator also has the option of complying with a combination of paragraphs (b)(1)(i) and (ii) of this section. If the owner or operator chooses to comply with a combination of paragraphs (b)(1)(i) and (ii) of this section, each process vent not controlled in accordance with paragraph (b)(1)(ii) of this section shall be part of the group of applicable process vents that shall then comply with paragraph (b)(1)(i) of this section. (i) Reduce the total epoxide emissions from the group of applicable process vents by an aggregated 99.9 percent; (ii) Maintain an outlet concentration of total epoxides or TOC after each combustion, recapture, or recovery device of 20 ppmv or less; or (iii) Maintain an emission factor of no greater than 4.43 × 10 −3 −3 (2) For existing affected sources, the owner or operator shall comply with either paragraph (b)(2)(i), (ii), (iii), or (iv) of this section. The owner or operator also has the option of complying with a combination of paragraphs (b)(2)(ii) and (iii) of this section. If the owner or operator chooses to comply with a combination of paragraphs (b)(2)(ii) and (iii) of this section, each process vent that is not controlled in accordance with paragraph (b)(2)(iii) of this section shall be part of the group of applicable process vents that shall then comply with paragraph (b)(2)(ii) of this section. The owner or operator also has the option of complying with a combination of paragraphs (b)(2)(i) and (iii) of this section. (i) Reduce the total epoxide emissions from each process vent using a flare; (ii) Reduce the total epoxide emissions from the group of applicable process vents by an aggregated 98 percent; (iii) Maintain an outlet concentration of total epoxides or TOC after each combustion, recapture or recovery devices of 20 ppmv or less; or (iv) Maintain an emission factor of no greater than 1.69 × 10 −2 −2 (c) Requirements for nonepoxide organic HAP emissions from making or modifying the product. (1) Requirements for Group 1 combinations of batch process vents. (i) Reduce nonepoxide organic HAP emissions using a flare. (ii) Reduce nonepoxide organic HAP emissions by 90 percent using a combustion, recovery, or recapture device. (2) Requirements for Group 2 combinations of batch process vents. (3) Requirements for Group 1 continuous process vents. (i) Reduce nonepoxide organic HAP emissions using a flare. (ii) Reduce nonepoxide organic HAP emissions by 98 percent using a combustion, recovery, or recapture device. (4) Requirements for Group 2 continuous process vents. (i) If the TRE for the process vent is greater than 1.0 but less than 4.0, the owner or operator shall comply with the monitoring provisions in § 63.1429, the recordkeeping provisions in § 63.1430(d), and recalculate the TRE index value when process changes occur, in accordance with the provisions in § 63.1428(h)(2). (ii) If the TRE for the process vent is greater than 4.0, the owner or operator shall recalculate the TRE index value when process changes occur, in accordance with the provisions in § 63.1428(h)(2). (d) Requirements for nonepoxide organic HAP emissions from catalyst extraction. (1) Reduce emissions of nonepoxide organic HAP from all process vents associated with catalyst extraction using a flare; or (2) Reduce emissions of nonepoxide organic HAP from the sum total of all process vents associated with catalyst extraction by an aggregated 90 percent for each PMPU. (e) [Reserved] (f) Requirements for process vents at PMPUs that produce polyether polyol products using tetrahydrofuran. (1) When December 31, 1992 is referred to in the HON process vent requirements in § 63.113, it shall be replaced with September 4, 1997, for the purposes of this subpart. (2) When § 63.151(f), alternative monitoring parameters, and § 63.152(e), submission of an operating permit application, are referred to in §§ 63.114(c) and 63.117(e), § 63.1439(f), alternative monitoring parameters, and § 63.1439(e)(8), submission of an operating permit application, respectively, shall apply for the purposes of this subpart. (3) When the Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.114, 63.117, and 63.118, the Notification of Compliance Status requirements contained in § 63.1439(e)(5) shall apply for the purposes of this subpart. (4) When the Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.117 and 63.118, the Periodic Report requirements contained in § 63.1439(e)(6) shall apply for the purposes of this subpart. (5) When the definition of excursion in § 63.152(c)(2)(ii)(A) is referred to in § 63.118(f)(2), the definition of excursion in § 63.1438(f) shall apply for the purposes of this subpart. (6) When § 63.114(e) specifies that an owner or operator shall submit the information required in § 63.152(b) in order to establish the parameter monitoring range, the owner or operator shall comply with the provisions of § 63.1438 for establishing the parameter monitoring level and shall comply with § 63.1439(e)(5)(ii) or § 63.1439(e)(8) for the purposes of reporting information related to the establishment of the parameter monitoring level, for the purposes of this subpart. Further, the term “level” shall apply whenever the term “range” is used in §§ 63.114, 63.117, and 63.118. (7) When reports of process changes are required under § 63.118(g), (h), (i), or (j), paragraphs (f)(7)(i) through (iv) of this section shall apply for the purposes of this subpart. (i) For the purposes of this subpart, whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent to become a Group 1 process vent, the owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator. This report may be included in the next Periodic Report. A description of the process change shall be included in this report. (ii) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with a TRE greater than 4.0 to become a Group 2 process vent with a TRE less than 4.0, the owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator, unless the flow rate is less than 0.005 standard cubic meters per minute. This report may be included in the next Periodic Report. A description of the process change shall be included in this report. (iii) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with a flow rate less than 0.005 standard cubic meter per minute (scmm) to become a Group 2 process vent with a flow rate of 0.005 scmm or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator, unless the organic HAP concentration is less than 50 ppmv. This report may be included in the next Periodic Report. A description of the process change shall be submitted with the report. (iv) Whenever a process change, as defined in § 63.115(e), is made that causes a Group 2 process vent with an organic HAP concentration less than 50 parts per million by volume (ppmv) to become a Group 2 process vent with an organic HAP concentration of 50 ppmv or greater and a TRE index value less than or equal to 4.0, the owner or operator shall submit a report within 180 days after the process change is made or the information regarding the process change is known to the owner or operator, unless the flow rate is less than 0.005 standard cubic meters per minute. This report may be included in the next Periodic Report. A description of the process change shall be submitted with this report. (8) When § 63.118 refers to § 63.152(f), the recordkeeping requirements in § 63.1439(d) shall apply for the purposes of this subpart. (9) When §§ 63.115 and 63.116 refer to Table 2 of 40 CFR part 63, subpart F, the owner or operator shall only consider organic HAP as defined in this subpart. (10) When the provisions of § 63.116(c)(3) and (4) specify that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be used for the purposes of this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall comply with paragraphs (f)(10)(i) and (ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (11) In §§ 63.116(g) and 63.118(a)(5) and (f)(7) substitute “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (12) Substitute “as defined in § 63.101” with “as defined in § 63.1423”. (13) Substitute “For each source as defined in § 63.101, on and after July 15, 2027,” with “For each affected source as described in § 63.1420(a), on and after March 18, 2029,”. (14) Substitute “§ 63.108” with “§ 63.1436”. (15) Section 63.113(k)(4) does not apply. (g) Process vents in ethylene oxide service. (1) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a flare; or (2) Reduce emissions of ethylene oxide by venting emissions through a closed vent system to a control device that reduces ethylene oxide by greater than or equal to 99.9 percent by weight, or to a concentration less than 1 ppmv for each process vent or to less than 100 pounds per year for all combined process vents within the process. If a combustion device is used, the ethylene oxide concentration of 1 ppmv must be corrected to 3 percent oxygen. (3) Reduce emissions of ethylene oxide by greater than or equal to 99.9 percent by weight or to less than 100 pounds per year for all combined process vents within the process by using ECO as a control technique or by using a combination of ECO and venting emissions through a closed vent system to a control device. (h) Maintenance vents. Note: (1) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements of § 63.1436, as applicable, or using any combination of a non-flare combustion, recovery, and/or recapture device meeting the requirements in paragraph (b)(1)(i) or (ii), (b)(2)(ii) or (iii), (c)(1)(ii), (c)(3)(ii), or (d)(2) of this section, until one of the following conditions, as applicable, is met. (i) The concentration of the vapor in the equipment served by the maintenance vent is less than 10 percent of its lower explosive limit (LEL) and has an outlet concentration less than or equal to 20 ppmv hydrogen halide and halogen HAP. (ii) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (iii) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC). (iv) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (h)(1)(i) through (iii) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (2) Except for maintenance vents complying with paragraph (h)(1)(iii) of this section, the owner or operator must determine the concentration or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (3) For maintenance vents complying with paragraph (h)(1)(iii) of this section, the owner or operator must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. [64 FR 29439, June 1, 1999, as amended at 91 FR 13155, Mar. 18, 2026] § 63.1426 Process vent requirements for determining organic HAP concentration, control efficiency, and aggregated organic HAP emission reduction for a PMPU. (a) Use of a flare. (2) Beginning no later than the compliance dates specified in § 63.1422(h), paragraph (a)(1) of this section no longer applies and instead the owner or operator shall comply with § 63.1436 when a flare is used to comply with § 63.1425(b)(1)(i) (in combination with other control techniques), (b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1). In order to use only a flare to comply with § 63.1425(b)(1)(i) or to use a flare and apply a control efficiency greater than 98 percent, an owner or operator shall submit a request in accordance with § 63.670(r), with exceptions noted in § 63.1436, and receive approval by the Administrator. (b) Exceptions to performance tests. (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater. (2) A boiler or process heater where the process vent stream is introduced with the primary fuel or is used as the primary fuel. (3) A combustion, recovery, or recapture device for which a performance test was conducted within the preceding 5-year period, using the same Methods specified in this section and either no deliberate process changes have been made since the test, or the owner or operator can demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes is not required to conduct an initial performance test. Subsequent performance tests shall be conducted according to § 63.1437(a). The operating parameters reported under the previous performance test shall be sufficient to meet the parameter monitoring requirements in this subpart. (4) A boiler or process heater burning hazardous waste for which the owner or operator: (i) Has been issued a final hazardous waste permit under part 270 of this chapter and complies with the requirements for hazardous waste burned in boilers and industrial furnaces in part 266, subpart H of this chapter; (ii) Has certified compliance with the interim status requirements for hazardous waste burned in boilers and industrial furnaces in part 266, subpart H of this chapter; (iii) Meets the requirement specified in paragraph (b)(4)(v) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements of subpart EEE of this part; or (iv) Meets the requirement specified in paragraph (b)(4)(v) of this section, complies with subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (v) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4). (5) A hazardous waste incinerator for which the owner or operator: (i) Has been issued a final permit under part 270 of this chapter and complies with the requirements for incinerators in part 264, subpart O of this chapter; (ii) Has certified compliance with the interim status requirements for incinerators in part 265, subpart O of this chapter; (iii) Meets the requirement specified in paragraph (b)(5)(v) of this section, and has submitted a Notification of Compliance under § 63.1207(j) and complies with the requirements in subpart EEE of this part; or (iv) Meets the requirement specified in paragraph (b)(5)(v) of this section, complies with the requirements in subpart EEE of this part, and will submit a Notification of Compliance under § 63.1207(j) by the date the owner or operator would have been required to submit the initial performance test report for this subpart. (v) The owner and operator may not waive performance testing pursuant to § 63.1207(d)(4). (6) Except as specified in paragraph (b)(7) of this section, combustion, recovery or recapture device (except for condensers) performance may be determined by using the design evaluation described in paragraph (f) of this section, provided that the combustion, recovery or recapture device receives less than 10 tons per year (9.1 megagrams per year) of uncontrolled organic HAP emissions from one or more PMPUs, determined in accordance with paragraph (d) of this section. If a combustion, recovery or recapture device exempted from testing in accordance with this paragraph receives more than 10 tons per year (9.1 megagrams per year) of uncontrolled organic HAP emissions from one or more PMPUs, the owner or operator shall comply with the performance test requirements in paragraph (c) of this section and before March 18, 2026 shall submit the test report in the next Periodic Report. Beginning March 18, 2026, the test report no longer needs to be submitted with the Periodic Report and only needs to be submitted according to § 63.1439(e)(9). (7) Beginning on the compliance dates specified in § 63.1422(h), paragraphs (b)(6) and (f) of this section do not apply. Instead, the owner or operator shall comply with the performance test requirements in paragraph (c) of this section. (c) Determination of organic HAP concentration and control efficiency. (1) Sampling site location. (i) For determination of compliance with a percent reduction of total epoxide requirement in § 63.1425(b)(1)(i), (b)(2)(ii), or a percent reduction of total organic HAP requirement in § 63.1425(c)(1)(ii), (c)(3)(ii), or (d)(2), sampling sites shall be located at the inlet of the combustion, recovery, or recapture device as specified in paragraphs (c)(1)(i)(A), (B), and (C) of this section, and at the outlet of the combustion, recovery, or recapture device. (A) For process vents from continuous unit operations, the inlet sampling site shall be determined in accordance with either paragraph (c)(1)(i)(A)( 1 2 ( 1 ( 2 (B) For process vents from batch unit operations, the inlet sampling site shall be determined in accordance with either paragraph (c)(1)(i)(B)( 1 2 ( 1 ( 2 (C) If a process vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts, selection of the location of the inlet sampling sites shall ensure the measurement of total organic HAP or TOC (minus methane and ethane) concentrations in all process vent streams and primary and secondary fuels introduced into the boiler or process heater. (ii) To determine compliance with a parts per million by volume total epoxide or TOC limit in § 63.1425(b)(1)(ii) or (b)(2)(iii), the sampling site shall be located at the outlet of the combustion, recovery, or recapture device. (2) Frequency. (3) Testing conditions and calculation of TOC or total organic HAP concentration. (i) Testing conditions shall be as specified in paragraphs (c)(3)(i)(A) through (E) of this section, as appropriate. (A) Testing of process vents from continuous unit operations shall be conducted at maximum representative operating conditions, as described in § 63.1437(a)(1). Each test shall consist of three 1-hour runs. Gas stream volumetric flow rates shall be measured at approximately equal intervals of about 15 minutes during each 1-hour run. The organic HAP concentration (of the HAP of concern) shall be determined from samples collected in an integrated sample over the duration of each 1-hour test run, or from grab samples collected simultaneously with the flow rate measurements (at approximately equal intervals of about 15 minutes). If an integrated sample is collected for laboratory analysis, the sampling rate shall be adjusted proportionally to reflect variations in flow rate. For gas streams from continuous unit operations, the organic HAP concentration or control efficiency used to determine compliance shall be the average organic HAP concentration or control efficiency of the three test runs. (B) Testing of process vents from batch unit operations shall be conducted at absolute worst-case conditions or hypothetical worst-case conditions, as defined in paragraphs (c)(3)(i)(B)( 1 5 ( 1 1 i ii 1 iii ( i 3 i ( ii 3 i ( iii 3 ( 2 3 ii iii ( 3 3 i iii ( i Equation 1 to Paragraph (c)(3)(i)(B)( 3 i Where: E = Mass of HAP emitted. V = Purge flow rate at the temperature and pressure of the vessel vapor space. R = Ideal gas law constant. T = Temperature of the vessel vapor space (absolute). P i P j P T MW i t = Time of purge. n = Number of HAP compounds in the emission stream. i = Identifier for a HAP compound. j = Identifier for a condensable compound. m = Number of condensable compounds (including HAP) in the emission stream. ( ii ( iii e.g., ( 4 ( 5 3 (ii) The concentration of either TOC (minus methane or ethane) or total organic HAP (of the HAP of concern) shall be calculated according to paragraph (c)(3)(ii)(A) or (B) of this section. (A) The TOC concentration (C TOC Equation 2 to Paragraph (c)(3)(ii)(A) Where: C TOC C ji n = Number of components in the sample. x = Number of samples in the sample run. (B) The total organic HAP concentration (C HAP (iii) The concentration of TOC or total organic HAP shall be corrected to 3 percent oxygen if a combustion device is used. (A) The emission rate correction factor or excess air, integrated sampling and analysis procedures of Method 3B of appendix A to part 60 of this chapter or the manual method in ANSI/ASME PTC 19-10-1981—Part 10 (Incorporated by reference, see § 63.14) shall be used to determine the oxygen concentration (%0 2d (B) The concentration corrected to 3 percent oxygen shall be computed using the following equation: Equation 3 to Paragraph (c)(3)(iii)(B) Where: C c C m %0 2d (4) Test methods. (i) For sample and velocity traverses, Method 1 or 1A of appendix A to part 60 of this chapter shall be used, as appropriate, except that references to particulate matter in Method 1A do not apply for the purposes of this subpart. (ii) The velocity and gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of appendix A to part 60 of this chapter, as appropriate. (iii) The concentration measurements shall be determined using the methods described in paragraphs (c)(4)(iii)(A) through (C) of this section. (A) Method 18 of appendix A-6 to part 60 of this chapter or Method 320 of appendix A to this part may be used to determine the HAP concentration in any control device efficiency determination. ASTM D6420-18 (Incorporated by reference, see § 63.14) may also be used in lieu of Method 18 or Method 320, if the target compounds are all known and are all listed in Section 1.1 of ASTM D6420-18 as measurable; ASTM D6420-18 shall not be used for methane, ethane, or as a total VOC method. (B) Method 25 of appendix A to part 60 of this chapter may be used to determine total gaseous nonmethane organic concentration for control efficiency determinations in combustion devices. (C) Method 25A of appendix A to part 60 of this chapter may be used to determine the HAP or TOC concentration for control device efficiency determinations under the conditions specified in Method 25 of appendix A to part 60 of this chapter for direct measurements of an effluent with a flame ionization detector, or in demonstrating compliance with the 20 ppmv standard. The instrument shall be calibrated on methane or the predominant HAP. If calibrating on the predominant HAP, the use of Method 25A of appendix A to part 60 of this chapter shall comply with paragraphs (c)(4)(iii)(C)( 1 3 ( 1 ( 2 ( 3 (iv) Alternatively, any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A to part 63 to this part may be used. (5) Calculation of percent reduction efficiency. (i) Test duration shall be as specified in paragraphs (c)(3)(i)(A) through (B) of this section, as appropriate. (ii) The mass rate of either TOC (minus methane and ethane) or total organic HAP of the HAP of concern (E i o (A) The following equations shall be used: Equation 4 to Paragraph (c)(5)(ii)(A) Equation 5 to Paragraph (c)(5)(ii)(A) Where: C ij oj E i o M ij oj Q i o K 2 −6 −1 (B) Where the mass rate of TOC is being calculated, all organic compounds (minus methane and ethane) measured by Method 18 of appendix A-6 to part 60 of this chapter, Method 320 of appendix A to this part, or ASTM D6420-18 (Incorporated by reference, see § 63.14) are summed using Equations 4 and 5 to Paragraph (c)(5)(ii)(A) of this section. (C) Where the mass rate of total organic HAP is being calculated, only the organic HAP species shall be summed using Equations 4 and 5 to Paragraph (c)(5)(ii)(A) of this section. (iii) The percent reduction in TOC (minus methane and ethane) or total organic HAP shall be calculated using the following equation: Equation 6 to Paragraph (c)(5)(iii) Where: R = Control efficiency of combustion, recovery, or recapture device, percent. E i E o (iv) If the process vent stream entering a boiler or process heater with a design capacity less than 44 megawatts is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total organic HAP or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total organic HAP in all combusted process vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total organic HAP, respectively, exiting the combustion device. (d) Determination of uncontrolled organic HAP emissions. (1) Exemptions. (i) For PMPUs where all process vents subject to the epoxide emission reduction requirements of § 63.1425(b) are controlled at all times using a combustion, recovery, or recapture device, or extended cookout, the owner or operator is not required to determine uncontrolled epoxide emissions. (ii) For PMPUs where the combination of process vents from batch unit operations associated with the use of nonepoxide organic HAP to make or modify the product is subject to the Group 1 requirements of § 63.1425(c)(1), the owner or operator is not required to determine uncontrolled nonepoxide organic HAP emissions for those process vents if every process vent from a batch unit operation associated with the use of nonepoxide organic HAP to make or modify the product in the PMPU is controlled at all times using a combustion, recovery, or recapture device. (iii) For PMPUs where all process vents associated with catalyst extraction that are subject to the organic emission reduction requirements of § 63.1425(d)(2) are controlled at all times using a combustion, recovery, or recapture device, the owner or operator is not required to determine uncontrolled organic HAP emissions for those process vents. (iv) Beginning on the compliance dates specified in § 63.1422(h), paragraphs (d)(1)(i) through (iii) of this section do not apply. (2) Process vents from batch unit operations. (3) Process vents from continuous unit operations. (i) For process vents subject to either the provisions for epoxide emissions in § 63.1425(b) or the provisions for organic HAP emissions from catalyst extraction in § 63.1425(d), uncontrolled emissions shall be determined after the exit from the continuous unit operation but before any recovery device. (ii) The owner or operator shall determine the hourly uncontrolled organic HAP emissions from each process vent from a continuous unit operation in accordance with paragraph (c)(5)(ii) of this section, except that the emission rate shall be determined at the location specified in paragraph (d)(3)(i) of this section. (e) Determination of organic HAP emission reduction for a PMPU. i.e., i.e., Equation 7 to Paragraph (e)(1) Where: RED PMPU E unc, i n = Number of process vents in the PMPU that are subject to the same paragraph of § 63.1425 and that are controlled using a combustion, recovery, or recapture device, or extended cookout. R i E unc, j m = Number of process vents in the PMPU that are subject to the same paragraph of § 63.1425 and that are not controlled using a combustion, recovery, or recapture device. (2) The control efficiency, R i (i) Except as specified in paragraph (e)(2)(v) of this section, if the process vent is controlled using a flare (and the owner or operator has not previously obtained approval to assume a control efficiency greater than 98 percent in accordance with § 63.6(g)) or a combustion device specified in paragraph (b)(1), (2), (4), or (5) of this section, and a performance test has not been conducted, the control efficiency shall be assumed to be 98 percent. (ii) If the process vent is controlled using a combustion, recovery, or recapture device for which a performance test has been conducted in accordance with the provisions of paragraph (c) of this section, or for which a performance test that meets the requirements of paragraph (b)(3) of this section has been previously performed, the control efficiency shall be the efficiency determined by the performance test. (iii) If epoxide emissions from the process vent are controlled using extended cookout, the control efficiency shall be the efficiency determined in accordance with § 63.1427(e). (iv) Except as specified in paragraph (e)(2)(vi) of this section, if the process vent is controlled using a flare, and the owner or operator has obtained approval to assume a control efficiency greater than 98 percent in accordance with § 63.6(g), the control efficiency shall be the efficiency approved in accordance with § 63.6(g). (v) Beginning no later than the compliance dates specified in § 63.1422(h), if the process vent is controlled using a flare meeting the requirements specified in § 63.1436 (and the owner or operator has not previously obtained approval to assume a control efficiency greater than 98 percent in accordance with § 63.6(g)) or a combustion device specified in paragraph (b)(1), (2), (4), or (5) of this section, and a performance test has not been conducted, the control efficiency shall be assumed to be 98 percent. (vi) Beginning no later than the compliance dates specified in § 63.1422(h), if the process vent is controlled using a flare, and the owner or operator has obtained approval to assume a control efficiency greater than 98 percent in accordance with § 63.670(r), with exceptions noted in § 63.1436, the control efficiency shall be that approved efficiency. (f) Design evaluation. 3 i (1) Except for ECO whose design evaluation is presented in paragraph (f)(2) of this section, to demonstrate that a control technique meets the required control efficiency, a design evaluation shall address the composition and organic HAP concentration of the vent stream, immediately preceding the use of the control technique. A design evaluation shall also address other vent stream characteristics and control technique operating parameters, as specified in any one of paragraphs (f)(1)(i) through (vi) of this section, depending on the type of control technique that is used. If the vent stream is not the only inlet to the control technique, the owner or operator shall also account for all other vapors, gases, and liquids, other than fuels, received into the control technique from one or more PMPUs, for purposes of the efficiency determination. (i) For an enclosed combustion technique used to comply with the provisions of § 63.1425(b)(1), (c)(1), or (d), with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C, the design evaluation shall document that these conditions exist. (ii) For a combustion control technique that does not satisfy the criteria in paragraph (f)(1)(i) of this section, the design evaluation shall document the control efficiency and address the characteristics listed in paragraphs (f)(1)(ii)(A) through (C) of this section, depending on the type of control technique. (A) For a thermal vapor incinerator, in the design evaluation the owner or operator shall consider the autoignition temperature of the organic HAP, shall consider the vent stream flow rate, and shall establish the design minimum and average temperatures in the combustion zone and the combustion zone residence time. (B) For a catalytic vapor incinerator, in the design evaluation the owner or operator shall consider the vent stream flow rate and shall establish the design minimum and average temperatures across the catalyst bed inlet and outlet. (C) For a boiler or process heater, in the design evaluation the owner or operator shall consider the vent stream flow rate; shall establish the design minimum and average flame zone temperatures and combustion zone residence time; and shall describe the method and location where the vent stream is introduced into the flame zone. (iii) For a condenser, in the design evaluation the owner or operator shall consider the vent stream flow rate, relative humidity, and temperature, and shall establish the design outlet organic HAP compound concentration level, design average temperature of the exhaust vent stream, and the design average temperatures of the coolant fluid at the condenser inlet and outlet. The temperature of the gas stream exiting the condenser shall be measured and used to establish the outlet organic HAP concentration. (iv) For a carbon adsorption system that regenerates the carbon bed directly onsite as part of the control technique (such as a fixed-bed adsorber), in the design evaluation the owner or operator shall consider the vent stream flow rate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, adsorption cycle time, number and capacity of carbon beds, type and working capacity of activated carbon used for the carbon beds, design total regeneration stream mass or volumetric flow over the period of each complete carbon bed regeneration cycle, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of the carbon. For vacuum desorption, the pressure drop shall also be included. (v) For a carbon adsorption system that does not regenerate the carbon bed directly onsite as part of the control technique (such as a carbon canister), in the design evaluation the owner or operator shall consider the vent stream mass or volumetric flow rate, relative humidity, and temperature, and shall establish the design exhaust vent stream organic compound concentration level, capacity of the carbon bed, type and working capacity of activated carbon used for the carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control technique and source operating schedule. (vi) For a scrubber, in the design evaluation the owner or operator shall consider the vent stream composition, constituent concentrations, liquid-to-vapor ratio, scrubbing liquid flow rate and concentration, temperature, and the reaction kinetics of the constituents with the scrubbing liquid. The design evaluation shall establish the design exhaust vent stream organic compound concentration level and shall include the additional information in paragraphs (f)(1)(vi)(A) and (B) of this section for trays and a packed column scrubber. (A) Type and total number of theoretical and actual trays. (B) Type and total surface area of packing for entire column and for individual packed sections, if the column contains more than one packed section. (2) For ECO, the design evaluation shall establish the minimum duration (time) of the ECO, the maximum pressure at the end of the ECO, or the maximum epoxide concentration in the reactor liquid at the end of the ECO for each product class. (g) Ethylene oxide compliance determination procedures. (1) Comply with § 63.124, except: (i) Substitute “§ 63.100(k)(11)” with “§ 63.1422(h)”. (ii) Substitute “§ 63.113(j)” with “§ 63.1425(g)”. (iii) Substitute “§ 63.113(j)(1)” with “§ 63.1425(g)(1)”. (iv) Substitute “§ 63.113(j)(2)” with “§ 63.1425(g)(2) or (3)”. (v) Substitute “§ 63.108” with “§ 63.1436”. (vi) When owners or operators conduct performance tests on batch process vents using the procedures in § 63.116(c): (A) Substitute “the schedule in § 63.103(b)(1) of subpart F of this part” with “§ 63.1437(a)”. (B) The inlet sampling site shall be located after the exit from the batch unit operation but before any recovery or control device. (C) The minimum sampling time for each run shall be the complete duration of the batch venting episode or 1 hour, whichever is shorter, instead of that stated in § 63.116(c)(3)(i) or (c)(4)(i). (D) For process vents from batch unit operations, performance tests shall be conducted either at absolute worst-case conditions or hypothetical worst-case conditions as specified in § 63.1437(a)(1). (vii) If § 63.124(a)(4) refers to “5 pounds per year,” then substitute it for “100 pounds per year”; otherwise, § 63.124(a)(4) applies as written. (viii) To demonstrate compliance with § 63.124(b)(2), in lieu of an FTIR CEMS, you may choose to use a gas chromatographic CEMS meeting the requirements of Performance Specification 9 of appendix B to part 60 of this chapter. If an owner or operator uses a gas chromatographic CEMS, then the owner or operator does not need to conduct the performance testing required in § 63.124(b)(3) or the operating parameter monitoring required in paragraphs § 63.124(b)(4) through (6). (ix) When § 63.124 refers to § 63.148: (A) Substitute “§ 63.100(k)(10)” with “§ 63.1422(h)”. (B) Substitute “For each source as defined in § 63.101,” with “For each affected source as described in § 63.1420(a),”. (C) Substitute “Except for pressure relief devices subject to § 63.165(e)(4),” with “Except for pressure relief devices subject to § 63.1434(c),”. (2) If a combination of ECO and a control device is used for reducing ethylene oxide emissions to meet the percent emission reduction requirement or total combined process vent mass emissions limit in § 63.1425(g)(3), then the owner or operator must comply with both the requirements specified in paragraph (g)(1) of this section and the requirements specified in § 63.1427. (3) If ECO alone is used to comply with § 63.1425(g)(3) ( i.e., (4) If an owner or operator is demonstrating compliance with the combined process vent mass emissions limit in § 63.1425(g)(2) or (3) and, within the process, some process vents are uncontrolled ( i.e., (A) Substitute “ethylene oxide exiting the outlet of the process vent prior to any releases to the atmosphere” for “ethylene oxide entering the control device and exiting the control device”. (B) When the inlet of a control device is referenced in any parameter in Equation 1 to § 63.124(a)(2)(iii), it refers to the outlet of the process vent prior to any releases to the atmosphere. (C) Equation 2 to § 63.124(a)(2)(iii) does not apply. [91 FR 13156, Mar. 18, 2026] § 63.1427 Process vent requirements for processes using extended cookout as an epoxide emission reduction technique. (a) Applicability of extended cookout requirements. (1) For each product class, the owner or operator shall determine the batch cycle percent epoxide emission reduction for the most difficult to control product in the product class, where the most difficult to control product is the polyether polyol that is manufactured with the slowest pressure decay curve. (2) The owner or operator may determine the batch cycle percent epoxide emission reduction by directly measuring the concentration of the unreacted epoxide, or by using process knowledge, reaction kinetics, and engineering knowledge, in accordance with paragraph (a)(2)(i) of this section. (i) If the owner or operator elects to use any method other than direct measurement, the epoxide concentration shall be determined by direct measurement for one product from each product class and compared with the epoxide concentration determined using the selected estimation method, with the exception noted in paragraph (a)(2)(ii) of this section. If the difference between the directly determined epoxide concentration and the calculated epoxide concentration is less than 25 percent, then the selected estimation method will be considered to be an acceptable alternative to direct measurement for that class. (ii) Except as specified in paragraph (a)(2)(iii) of this section, if uncontrolled epoxide emissions prior to the end of the ECO are less than 10 tons per year (9.1 megagrams per year), the owner or operator is not required to perform the direct measurement required in paragraph (a)(2)(i) of this section. Uncontrolled epoxide emissions prior to the end of the ECO shall be determined by the procedures in paragraph (d)(1) of this section. (iii) Beginning on the compliance dates specified in § 63.1422(h), paragraph (a)(2)(ii) of this section does not apply. Instead, if uncontrolled epoxide emissions prior to the end of the ECO are less than 10 tons per year (9.1 megagrams per year) and the owner or operator elects to use any method other than direct measurement, the owner or operator must comply with either paragraph (a)(2)(iii)(A) or (B) of this section. (A) Comply with paragraph (a)(2)(i) of this section. (B) For products with the same capping epoxide ( i.e., (b) Define the end of epoxide feed. (1) The owner or operator shall determine the concentration of epoxide in the reactor liquid at the point in time when all epoxide has been added to the reactor and prior to any venting. This concentration shall be determined in accordance with the procedures in paragraph (f)(1)(i) of this section. (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of this section are met, the end of the epoxide feed may be defined by the reactor epoxide partial pressure at the point in time when all epoxide reactants have been added to the reactor. This reactor epoxide partial pressure shall be determined in accordance with the procedures in paragraph (g) of this section. (i) No epoxide is emitted before the end of the ECO; (ii) Extended cookout is the only control technique to reduce epoxide emissions; and (iii) The owner or operator elects to determine the percent epoxide emission reduction for the ECO using reactor epoxide partial pressure in accordance with paragraph (e)(2) of this section. (c) Define the onset of the ECO. (1) The uncontrolled epoxide emissions for the batch cycle shall be determined using the following equation: Equation 1 to Paragraph (c)(1) E e, u liq, i liq, i liq, i vap, i vap, i vap, i epox, bef Where: E e, u C liq, i V liq, i D liq, i C vap, i V vap, i D vap, i E epox, bef (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of this section are met, the owner or operator may define the onset of the ECO as the point in time when the reactor epoxide partial pressure equals 25 percent of the reactor epoxide partial pressure at the end of the epoxide feed, and is not required to determine the uncontrolled epoxide emissions in accordance with paragraph (c)(1) of this section. (d) Determine emissions at the end of the ECO. (1) The epoxide emissions at the end of the ECO shall be determined using the following equation: Equation 2 to Paragraph (d)(1) E e, E liq, f liq, f liq, f vap, f vap, f vap, f Where: E e, E C liq, f V liq, f D liq, f C vap, f V vap, f D vap, f (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of this section are met, the owner or operator may determine the reactor epoxide partial pressure at the end of the ECO instead of determining the uncontrolled epoxide emissions at the end of the ECO in accordance with paragraph (d)(1) of this section. (e) Determine percent epoxide emission reduction. Equation 3 to Paragraph (e)(1) Where: R batchcycle E e, E R addon, i E e, o R addon, j E e, u (2) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of this section are met, the owner or operator may determine the percent epoxide emission reduction for the batch cycle using reactor epoxide partial pressure and the following equation, instead of using the procedures in paragraph (e)(1) of this section. Equation 4 to Paragraph (e)(2) Where: R batchcycle P epox, i P epox, f (f) Determination of epoxide concentrations. (1) The owner or operator shall determine the concentration of epoxide in the reactor liquid using either direct measurement in accordance with paragraph (f)(1)(i) of this section, or reaction kinetics in accordance with paragraph (f)(1)(ii) of this section. An owner or operator may also request to use an alternative methodology in accordance with paragraph (f)(1)(iii) of this section. (i) The owner or operator shall submit a standard operating procedure for obtaining the liquid sample, along with the test method used to determine the epoxide concentration. This information shall be submitted in the Precompliance Report. For ethylene oxide, the test method must be as described in § 63.109(b)(1) or another alternative approved by the Administrator in accordance with § 63.7(f). (ii) Determine the epoxide concentration in the reactor liquid using the following equation: Equation 5 to Paragraph (f)(1)(ii) C liq, f liq, i −kt Note: C liq, f C liq, i k = Reaction rate constant, 1/hr. t = Time, hours. (iii) If the owner/operator deems that the methods listed in paragraphs (f)(1)(i) and (ii) of this section are not appropriate for the reaction system for a PMPU, then the owner/operator may submit a request for the use of an alternative method. (2) The owner or operator shall determine the concentration of epoxide in the reactor vapor space using either direct measurement in accordance with paragraph (f)(2)(i) of this section, or by engineering estimation in accordance with paragraph (f)(2)(ii) of this section. An owner or operator may also request to use an alternative methodology in accordance with paragraph (f)(2)(iii) of this section. (i) The owner or operator shall take two representative samples from a bleed valve off the reactor's process vent. The owner or operator shall determine the total epoxide concentration using Method 18 of appendix A to part 60 of this chapter. (ii) Determine the epoxide concentration in the vapor space using Raoult's Law or another appropriate phase equilibrium equation and the liquid epoxide concentration, determined in accordance with paragraph (f)(1) of this section. (iii) If the owner/operator deems that the methods listed in paragraphs (f)(1)(i) and (ii) of this section are not appropriate for the reaction system for a PMPU, then the owner/operator may submit a request for the use of an alternative method. (g) Determination of pressure. (h) Determination if pressure decay curves are similar. Equation 6 to Paragraph (h) Time (P half half AVG Where: P half Time (P half P half Time (P half T AVG (i) ECO monitoring requirements. (1) To comply with the provisions of this section, the owner or operator shall monitor one of the parameters listed in paragraphs (i)(1)(i) through (iii) of this section, or may utilize the provision in paragraph (i)(1)(iv) of this section. (i) Time from the end of the epoxide feed; (ii) The epoxide partial pressure in the closed reactor; (iii) Direct measurement of epoxide concentration in the reactor liquid at the end of the ECO, when the reactor liquid is still in the reactor, or after the reactor liquid has been transferred to another vessel; or (iv) An owner or operator may submit a request to the Administrator to monitor a parameter other than the parameters listed in paragraphs (i)(1)(i) through (iii) of this section, as described in § 63.1439(f). (2) During the determination of the percent epoxide emission reduction in paragraphs (b) through (e) of this section, the owner or operator shall establish, as a level that shall be maintained during periods of operation, one of the parameters in paragraphs (i)(2)(i) through (iii) of this section, or may utilize the procedure in paragraph (i)(2)(iv) of this section, for each product class, or for each product if complying with paragraph (a)(2)(iii)(B) of this section. (i) The time from the end of the epoxide feed to the end of the ECO; (ii) The reactor epoxide partial pressure at the end of the ECO; (iii) The epoxide concentration in the reactor liquid at the end of the ECO, when the reactor liquid is still in the reactor, or after the reactor liquid has been transferred to another vessel; or (iv) An owner or operator may submit a request to the Administrator to monitor a parameter other than the parameters listed in paragraphs (i)(2)(i) through (iii) of this section, as described in § 63.1439(f). (3) For each batch cycle where ECO is used to reduce epoxide emissions, the owner or operator shall record the value of the monitored parameter at the end of the ECO. This parameter is then compared with the level established in accordance with paragraph (i)(2) of this section to determine if an excursion has occurred. An ECO excursion is defined as one of the situations described in paragraphs (i)(3)(i) through (v) of this section. (i) When the time from the end of the epoxide feed to the end of the ECO is less than the time established in paragraph (i)(2)(i) of this section; (ii) When the reactor epoxide partial pressure at the end of the ECO is greater than the partial pressure established in paragraph (i)(2)(ii) of this section; (iii) When the epoxide concentration in the reactor liquid at the end of the ECO is greater than the epoxide concentration established in paragraph (i)(2)(iii) of this section; (iv) When the parameter is not measured and recorded at the end of the ECO; or (v) When the alternative monitoring parameter is outside the range established under § 63.1439(f) for proper operation of the ECO as a control technique. (j) Recordkeeping requirements. (i) Operating conditions of the product class, including: (A) Pressure decay curve; (B) Minimum reaction temperature; (C) Number of reactive hydrogens in the raw material; (D) Minimum catalyst concentration; (E) Ratio of E.O./PO at the end of the epoxide feed; and (F) Reaction conditions, including the size of the reactor or batch. (ii) A listing of all products in the product class, along with the information specified in paragraphs (j)(1)(i)(A) through (F) of this section, for each product. When complying with paragraph (a)(2)(iii)(B) of this section, note the capping epoxide for each product. (iii) The concentration of epoxide at the end of the epoxide feed, determined in accordance with paragraph (b)(1) of this section. (iv) The concentration of epoxide at the onset of the ECO, determined in accordance with paragraph (c) of this section. (v) The uncontrolled epoxide emissions at the onset of the ECO, determined in accordance with paragraph (c)(1) of this section. The records shall also include all the background data, measurements, and assumptions used to calculate the uncontrolled epoxide emissions. (vi) The epoxide emissions at the end of the ECO, determined in accordance with paragraph (d)(1) of this section. The records shall also include all the background data, measurements, and assumptions used to calculate the epoxide emissions. (vii) The percent epoxide reduction for the batch cycle, determined in accordance with paragraph (e)(1) of this section. The records shall also include all the background data, measurements, and assumptions used to calculate the percent reduction. (viii) The parameter level, established in accordance with paragraph (i)(3) of this section. (ix) If epoxide emissions occur before the end of the ECO, the owner or operator shall maintain records of the time and duration of all such emission episodes that occur during the initial demonstration of batch cycle efficiency. (x) If the conditions in paragraphs (b)(2)(i), (ii), and (iii) of this section are met, the owner or operator is not required to maintain the records specified in paragraphs (j)(1)(iii) through (iv) of this section, but shall maintain the records specified in paragraphs (j)(1)(x)(A), (B), and (C) of this section. (A) The reactor epoxide partial pressure at the following times: ( 1 ( 2 ( 3 (B) The percent epoxide reduction for the batch cycle, determined in accordance with paragraph (e)(2) of this section. The records shall also include all the measurements and assumptions used to calculate the percent reduction. (C) The reactor epoxide partial pressure at the end of the ECO. (xi) For each product class, the product that was determined to be the most difficult to control and how that determination was made. When complying with paragraph (a)(2)(iii)(B) of this section, the three products used to verify the estimation method for each capping epoxide and how those products were chosen as representative of the lowest, median, and highest estimated emissions. For each verification, keep a record of the difference between the directly determined concentration and the calculated concentration using the estimation method. (2) The owner or operator shall maintain the records specified in paragraphs (j)(2)(i) through (v) of this section. (i) For each batch cycle, the product being produced and the product class to which it belongs. When complying with paragraph (a)(2)(iii)(B) of this section, note the capping epoxide for the product produced. (ii) For each batch cycle, the owner or operator shall record the value of the parameter monitored in accordance with paragraph (i)(3) of this section. (iii) If a combustion, recovery, or recapture device is used to reduce emission in conjunction with ECO, the owner or operator shall record the information specified in § 63.1430(d) and comply with the monitoring provisions in § 63.1429 or § 63.124 as specified in § 63.1426(g). (iv) [Reserved] (v) If epoxide emissions occur before the end of the ECO, the owner or operator shall maintain records of the time and duration of all such emission episodes. (k) Reporting requirements. (1) The information specified in paragraphs (k)(1)(i) through (ii) of this section shall be provided in the Precompliance Report, as specified in § 63.1439(e)(4). (i) A standard operating procedure for obtaining the reactor liquid sample and a method that will be used to determine the epoxide concentration in the liquid, in accordance with paragraph (f)(1)(i) of this section. (ii) A request to monitor a parameter other than those specified in paragraph (i)(1)(i), (ii), or (iii) of this section, as provided for in paragraph (i)(1)(iv) of this section. (2) The information specified in paragraphs (k)(2)(i) through (iv) of this section shall be provided in the Notification of Compliance Status, as specified in § 63.1439(e)(5). (i) For each product class, the information specified in paragraphs (k)(2)(i)(A) through (C) of this section. (A) The operating conditions of this product class, as specified in paragraph (j)(1)(i) of this section. (B) A list of all products in the product class. When complying with paragraph (a)(2)(iii)(B) of this section, note the capping epoxide for each product. (C) The percent epoxide emission reduction, determined in accordance with paragraph (e) of this section. (ii) The parameter for each product class, as determined in accordance with paragraph (i)(2) of this section. (iii) If a combustion, recovery, or recapture device is used in addition to ECO to reduce emissions, the information specified in § 63.1430(g)(1). (iv) If epoxide emissions occur before the end of the ECO, a listing of the time and duration of all such emission episodes that occur during the initial demonstration of batch cycle efficiency. (3) The information specified in paragraphs (k)(3)(i) through (iii) of this section shall be provided in the Periodic Report, as specified in § 63.1439(e)(6). (i) Reports of each batch cycle for which an ECO excursion occurred, as defined in paragraph (i)(3) of this section. At a minimum, include an identification of the PMPU as well as the start date and time of the batch cycle and the type of excursion in the Periodic Report. When the excursion is caused by a parameter exceedance, specify the operating parameter, the applicable limit, and the value of the monitored parameter at the end of the ECO. (ii) Notification of each batch cycle when the time and duration of epoxide emissions before the end of the ECO, recorded in accordance with paragraph (j)(2)(v) of this section, exceed the time and duration of the emission episodes during the initial epoxide emission percentage reduction determination, as recorded in paragraph (j)(1)(viii) of this section. At a minimum, include an identification of the PMPU as well as the start date and time of the batch cycle in the Periodic Report. (iii) If a combustion, recovery, or recapture device is used to reduce emissions, the information specified in § 63.1430(h). (l) New polyether polyol products. (1) If the operating conditions of the new polyether polyol are consistent with the operating conditions for an existing product class, the owner or operator shall comply with the requirements in paragraphs (l)(1)(i) and (ii) of this section. (i) The owner or operator shall update the list of products for the product class required by paragraph (j)(1)(ii) of this section, and shall record the information in paragraphs (j)(1)(i)(A) through (F) of this section for the new product. (ii) Within 180 days after the production of the new polyether polyol, the owner or operator shall submit a report updating the product list previously submitted for the product class. This information may be submitted along with the next Periodic Report. (2) If the operating conditions of the new polyether polyol do not conform with the operating characteristics of an existing product class, the owner or operator shall establish a new product class and shall comply with provisions of paragraphs (l)(2)(i) through (iii) of this section. (i) The owner or operator shall establish the batch cycle percent epoxide emission reduction in accordance with paragraphs (b) through (g) of this section for the product class. (ii) The owner or operator shall establish the records specified in paragraph (j)(1) of this section for the product class. (iii) Within 180 days of the production of the new polyether polyol, the owner or operator shall submit a report containing the information specified in paragraphs (k)(2)(i) and (ii) of this section. (m) Polyether polyol product changes. (1) A change in operation for a polyether polyol is defined as a change in any one of the parameters listed in paragraphs (m)(1)(i) through (ix) of this section. (i) A significant change in reaction kinetics; (ii) Use of a different oxide reactant; (iii) Use of a different E.O./PO ratio; (iv) A lower reaction temperature; (v) A lower catalyst feed on a mole/mole fraction OH basis; (vi) A shorter cookout; (vii) A lower reactor pressure; (viii) A different type of reaction, ( e.g., (ix) A marked change in reaction conditions ( e.g., (2) If the operating conditions of the product after the change in operation remain within the operation conditions of the product class to which the product was assigned, the owner or operator shall update the records specified in paragraphs (j)(1)(i)(A) through (F) of this section for the product. (3) If the operating conditions of the product after the change in operation are outside of the operating conditions of the product class to which the product was assigned, the owner or operator shall comply with the requirements in paragraph (m)(3)(i) or (ii) of this section, as appropriate. (i) If the new operating conditions of the polyether polyol are consistent with the operating conditions for another existing product class, the owner or operator shall comply with the requirements in paragraphs (m)(3)(i)(A) and (B) of this section. (A) The owner or operator shall update the list of products for the product class that the product is leaving, and for the product class that the product is entering, and shall record the new information in paragraphs (j)(1)(i)(A) through (F) of this section for the product. (B) Within 180 days after the change in operating conditions for the polyether polyol product, the owner or operator shall submit a report updating the product lists previously submitted for the product class. This information may be submitted along with the next Periodic Report. (ii) If the new operating conditions of the polyether polyol product do not conform with the operating characteristics of an existing product class, the owner or operator shall establish a new product class and shall comply with provisions of paragraphs (m)(3)(ii)(A) through (C) of this section. (A) The owner or operator shall establish the batch cycle percent epoxide emission reduction in accordance with paragraphs (b) through (g) of this section for the product class. (B) The owner or operator shall establish the records specified in paragraph (j)(1) of this section for the product class. (C) Within 180 days of the change in operating conditions for the polyether polyol, the owner or operator shall submit a report containing the information specified in paragraphs (k)(2)(i) and (ii) of this section. [91 FR 13163, Mar. 18, 2026] § 63.1428 Process vent requirements for group determination of PMPUs using a nonepoxide organic HAP to make or modify the product. (a) Process vents from batch unit operations. (1) If the owner or operator is using a combustion, recovery, or recapture device to reduce epoxide emissions, this location shall be at the exit of the combustion, recovery, or recapture device. (2) If the owner or operator is using ECO to reduce epoxide emissions, this location shall be at the exit from the batch unit operation. For the purpose of these determinations, the primary condenser operating as a reflux condenser on a reactor or distillation column shall be considered part of the unit operation. (b) Determination of annual nonepoxide organic HAP emissions. (1) The annual nonepoxide organic HAP emissions for each process vent from a batch unit operation associated with the use of a nonepoxide organic HAP to make or modify the product shall be determined using the batch process vent procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 63, subpart U), § 63.488(b). (2) The owner or operator shall sum the annual nonepoxide organic HAP emissions from all individual process vents from batch unit operations in a PMPU, determined in accordance with paragraph (b)(1) of this section, to obtain the total nonepoxide organic HAP emissions from the combination of process vents associated with the use of a nonepoxide organic HAP to make or modify the product, for the PMPU. (c) Minimum emission level exemption. (2) Beginning no later than the compliance dates specified in § 63.1422(h), paragraph (c)(1) of this section no longer applies. (d) Determination of average flow rate and annual average flow rate. (1) The annual average flow rate for each process vent from batch unit operations that is associated with the use of nonepoxide organic HAP to make or modify the product shall be determined using the batch process vent procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 63, subpart U), § 63.488(e). (2) The owner or operator shall sum the annual average flow rates from the individual process vents from batch unit operations in a PMPU, determined in accordance with paragraph (d)(1) of this section, to obtain the total annual average flow rate for the combination of process vents associated with the use of a nonepoxide organic HAP to make or modify the product, for the PMPU. (3) Beginning no later than the compliance dates specified in § 63.1422(h), paragraphs (d)(1) and (2) of this section no longer apply. (e) Determination of cutoff flow rate. Equation 1 of Paragraph (e)(1) CFR = (0.00437)(AE)−51.6 Where: CFR = Cutoff flow rate, standard cubic meters per minute (scmm). AE = Annual TOC or nonepoxide organic HAP emissions from the combination of process vents from batch unit operations that are associated with the use of nonepoxide organic HAP to make or modify the product, as determined in paragraph (b)(2) of this section, kg/yr. (2) Beginning no later than the compliance dates specified in § 63.1422(h), paragraph (e)(1) of this section no longer applies. (f) [Reserved] (g) Process changes affecting Group 2 combinations of process vents in a PMPU that are from batch unit operations. (1) Examples of process changes include, but are not limited to, increases in production capacity or production rate, changes in feedstock type or catalyst type; or whenever there is replacement, removal, or modification of recovery equipment considered part of the batch unit operation. Any change that results in an increase in the annual nonepoxide organic HAP emissions from the estimate used in the previous group determination constitutes a process change for the purpose of these provisions. Process changes do not include: process upsets; unintentional, temporary process changes; and changes that are within the margin of variation on which the original group determination was based. (2) For each process affected by a process change, the owner or operator shall redetermine the group status by repeating the procedures specified in paragraphs (b) through (e) of this section, as applicable, and determining if the combination of process vents is a Group 1 combination of batch process vents, as defined in § 63.1423. Alternatively, engineering assessment, as described in § 63.488(b)(6)(i), may be used to determine the effects of the process change. (3) Based on the results of paragraph (g)(2) of this section, the owner or operator shall comply with either paragraph (g)(3)(i) or (ii) of this section. (i) If the redetermination described in paragraph (g)(2) of this section indicates that the group status of the combination of process vents from batch unit operations in a PMPU that are associated with the use of nonepoxide organic HAP to make or modify the product changes from Group 2 to Group 1 as a result of the process change, the owner or operator shall submit a report as specified in § 63.1439(e)(6)(iii)(D)( 1 (ii) If the redetermination described in paragraph (g)(2) of this section indicates no change in group status, the owner or operator is not required to submit a report. (h) Process vents from continuous unit operations. (i) If the owner or operator uses one or more nonepoxide recovery devices after all control techniques to reduce epoxide emissions, this location shall be after the last nonepoxide recovery device. (ii) If the owner or operator does not use a nonepoxide recovery device after a combustion, recovery, or recapture device to reduce epoxide emissions, this location shall be at the exit of the combustion, recovery, or recapture device. (iii) If the owner or operator does not use a nonepoxide recovery device after extended cookout to reduce epoxide emissions, this location shall be at the exit from the continuous unit operation. For the purpose of these determinations, the primary condenser operating as a reflux condenser on a reactor or distillation column shall be considered part of the unit operation. (2) The owner or operator of a Group 2 continuous process vent shall recalculate the TRE index value as necessary to determine whether the process vent is Group 1 or Group 2, whenever process changes are made that could reasonably be expected to change the process vent to Group 1. Examples of process changes include, but are not limited to, increases in production capacity or production rate, changes in feedstock type or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph, process changes do not include: process upsets; unintentional, temporary process changes; and changes that are within the range on which the original TRE calculation was based. (i) The TRE index value shall be recalculated based on measurements of process vent stream flow rate, TOC, and nonepoxide organic HAP concentrations, and heating values as specified in the HON process vent group determination procedures in § 63.115(a), (b), (c), and (d), as applicable, or on best engineering assessment of the effects of the change. Engineering assessments shall meet the specifications in § 63.115(d)(1). (ii) Where the recalculated TRE index value is less than or equal to 1.0, or, where the TRE index value before the process change was greater than 4.0 and the recalculated TRE index value is less than or equal to 4.0 but greater than 1.0, the owner or operator shall submit a report as specified in the process vent reporting and recordkeeping provisions in § 63.1430(i) or (j), and shall comply with the appropriate provisions in the process vent control requirements in § 63.1425 by the dates specified in § 63.1422 (the section describing compliance dates for sources subject to this subpart). (iii) Where the recalculated TRE index value is greater than 4.0, the owner or operator is not required to submit a report. (i) Combination of process vents from batch unit operations and process vents from continuous unit operations. (1) The process vent from the batch unit operation is not required to be included in the group determination required by paragraphs (a) through (e) of this section. (2) The TRE index value of the combined stream shall be determined in accordance with paragraph (h) of this section, and the TRE index value shall be calculated during a period when nonepoxide organic HAP emissions are being generated by the batch unit operation. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 FR 17377, Mar. 27, 2014; 91 FR 13167, Mar. 18, 2026] § 63.1429 Process vent monitoring requirements. (a) Monitoring equipment requirements. (1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Except as specified in paragraph (a)(8) of this section, where a flare is used, the following monitoring equipment is required: a device (including but not limited to a thermocouple, ultraviolet beam sensor, or infrared sensor) capable of continuously detecting the presence of a pilot flame. (3) Where a boiler or process heater of less than 44 megawatts design heat input capacity is used, the following monitoring equipment is required: a temperature monitoring device in the firebox equipped with a continuous recorder. Any boiler or process heater in which all process vent streams are introduced with primary fuel or are used as the primary fuel is exempt from this requirement. (4) Where an absorber is used, a scrubbing liquid flow rate meter or a pressure monitoring device is required and should be equipped with a continuous recorder. If an acid or base absorbent is used, a pH monitoring device to monitor scrubber effluent is also required. If two or more absorbers in series are used, a scrubbing liquid flow rate meter, or a pressure monitoring device, equipped with a continuous recorder, is required for each absorber in the series. An owner or operator may submit a request to instead install the scrubbing liquid flow rate meter, or a pressure monitoring device, equipped with a continuous recorder, on only the final absorber in a series, in accordance with the alternative parameter monitoring reporting requirements in § 63.1439(f). (5) Where a condenser is used, a condenser exit temperature (product side) monitoring device equipped with a continuous recorder is required. (6) Except as specified in paragraph (a)(9) of this section, where a carbon adsorber is used, an integrating regeneration stream flow monitoring device having an accuracy of +10 percent or better, capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle, and a carbon bed temperature monitoring device, capable of recording the carbon bed temperature after each regeneration and within 15 minutes of completing any cooling cycle are required. (7) As an alternative to paragraphs (a)(4) through (6) of this section, the owner or operator may install an organic monitoring device equipped with a continuous recorder. (8) Beginning no later than the compliance dates specified in § 63.1422(h), paragraph (a)(2) of this section no longer applies and instead the owner or operator of the affected source shall comply with § 63.1436 for the flare. (9) Beginning no later than the compliance dates specified in § 63.1422(h), if the owner or operator vents emissions through a closed vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then the owner or operator shall install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (a)(9)(i) through (iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or TOC concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (a)(9)(iii)(B) of this section. The owner or operator shall measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of appendix A-7 to part 60 of this chapter using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of appendix A-7 to part 60 of this chapter using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (a)(9)(iii)(A) of this section, and comply with the monitoring frequency according to paragraph (a)(9)(iii)(B) of this section. (A) The first adsorber in series shall be replaced immediately when breakthrough, as defined in § 63.1423, is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph (a)(9)(iii)(A), “immediately” means within eight hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. The owner or operator shall monitor at the outlet of the first adsorber within three days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (a)(9)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than two months of life remaining, at least weekly if the adsorbent has between two months and two weeks of life remaining, and at least daily if the adsorbent has two weeks or less of life remaining. (b) Alternative parameters. (1) Uses a combustion device other than an incinerator, boiler, process heater, or flare; or (2) For a Group 2 continuous process vent, maintains a TRE greater than 1.0 but less than or equal to 4.0 without a recovery device or with a recovery device other than the recovery devices listed in paragraph (a) of this section; or (3) Uses one of the combustion, recovery, or recapture devices listed in paragraph (a) of this section, but seeks to monitor a parameter other than those specified in paragraph (a) of this section. (c) Monitoring of bypass lines. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once at approximately equal intervals of about 15 minutes. Records shall be generated as specified in the process vent reporting and recordkeeping provisions in § 63.1430(d)(3). The flow indicator shall be installed at the entrance to any bypass line that could divert emissions away from the combustion, recovery, or recapture device and to the atmosphere; or (2) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the non-diverting position and emissions are not diverted through the bypass line. Records shall be generated as specified in the process vent reporting and recordkeeping provisions in § 63.1430(d)(4)(i). (3) Beginning no later than the compliance dates specified in § 63.1422(h): (i) The use of a bypass line at any time on a closed vent system to divert emissions (subject to the emission standards in § 63.1425) to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation. (ii) The last sentence in paragraph (c) of this section no longer applies. Instead, the exemptions specified in paragraphs (c)(3)(ii)(A) and (B) of this section apply. (A) Except for pressure relief devices subject to § 63.1434(c), equipment such as low leg drains and equipment subject to the requirements of subpart H of this part are not subject to paragraph (c) of this section. (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in § 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as § 60.482-6(a)(2), (b), and (c) are not subject to paragraph (c) of this section. (d) Establishment of parameter monitoring levels. (1) For each parameter monitored under paragraphs (a) or (b) of this section, the owner or operator shall establish a level, defined as either a maximum or minimum operating parameter as denoted in Table 7 of this subpart (the table listing the operating parameters for which monitoring levels are required to be established for process vent streams), that indicates that the combustion, recovery, or recapture device is operated in a manner to ensure compliance with the provisions of this subpart. The level shall be established in accordance with the procedures specified in § 63.1438(a) through (d), as applicable. The level may be based upon a prior performance test conducted for determining compliance with a regulation promulgated by the EPA, and the owner or operator is not required to conduct a performance test under the process vent requirements for determining organic HAP concentration, control efficiency, and aggregated organic HAP emission reductions in § 63.1426, provided that the prior performance test meets the conditions of § 63.1426(b)(3). (2) The established level, along with supporting documentation, shall be submitted in the Notification of Compliance Status or the operating permit application as required in the Notification of Compliance Status requirements in § 63.1439(e)(5) or in the operating permit application requirements in § 63.1439(e)(8), respectively. (3) The operating day shall be defined as part of establishing the parameter monitoring level and shall be submitted with the information in paragraph (d)(2) of this section. The definition of operating day shall specify the time(s) at which an operating day begins and ends. [64 FR 29439, June 1, 1999, as amended at 79 FR 17377, Mar. 27, 2014; 91 FR 13168, Mar. 18, 2026] § 63.1430 Process vent reporting and recordkeeping requirements. (a) Maintenance vent compliance records. (1) Owners and operators must maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (2) If complying with the requirements of § 63.1425(h)(1)(i), and the lower explosive limit at the time of the vessel opening exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the lower explosive limit at the time of the vessel opening. (3) If complying with the requirements of § 63.1425(h)(1)(ii), and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the lower explosive limit at the time of the active purging was initiated exceeds 10 percent, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the lower explosive limit of the vapors in the equipment when active purging was initiated. (4) If complying with the requirements of § 63.1425(h)(1)(iii), records of the estimating procedures used to determine the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 50 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening that contains greater than 50 pounds of VOC for which the deinventory procedures specified in paragraph (a)(1) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph (a)(4), records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (5) If complying with the requirements of § 63.1425(h)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and lower explosive limit of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. (b) Records to demonstrate compliance. (1) For flares complying with § 63.11(b) to comply with the process vent control requirements in § 63.1425(b)(2)(i), (c)(1)(i), (c)(3)(i), or (d)(1), the owner or operator shall keep the records specified in paragraphs (b)(1)(i) through (iii) of this section. For flares complying with § 63.1436, the owner or operator shall comply with the recordkeeping requirements specified therein. (i) The flare design ( i.e., (ii) All visible emission readings, heat content determinations, flow rate determinations, and exit velocity determinations made during the flare specification determination required by § 63.1437(c); and (iii) All periods during the flare specification determination required by § 63.1437(c) when all pilot flames are absent. (2) The following information when using a combustion, recovery, or recapture device (other than a flare) to achieve compliance with the process vent control requirements in § 63.1425(b), (c), or (d): (i) For a combustion, recovery, or recapture device being used to comply with a percent reduction requirement of § 63.1425(b)(1)(i), (b)(2)(ii), (c)(1)(ii), (c)(3)(ii), or (d)(2), or the annual epoxide emission limitation in § 63.1425(b)(1)(iii) or (b)(2)(iv), the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in the process vent requirements in § 63.1426; (ii) For a combustion device being used to comply with an outlet concentration limitation of § 63.1425(b)(1)(ii) or (b)(2)(iii), the concentration of organic HAP or TOC outlet of the combustion device, as determined using the procedures specified in the process vent requirements in § 63.1426; (iii) For a boiler or process heater, a description of the location at which the process vent stream is introduced into the boiler or process heater; (iv) For a boiler or process heater with a design heat input capacity of less than 44 megawatts and where the process vent stream is introduced with combustion air or is used as a secondary fuel and is not mixed with the primary fuel, the percent reduction of organic HAP or TOC achieved, as determined using the procedures specified in § 63.1426. (c) Records related to the establishment of parameter monitoring levels. (d) Records to demonstrate continuous compliance. (1) Continuous records of the equipment operating parameters specified to be monitored under the process vent monitoring requirements in § 63.1429(a) as applicable, and listed in table 5 or 6 to this subpart, as applicable, or specified by the Administrator in accordance with the alternative parameter monitoring reporting requirements in § 63.1439(f), as allowed under § 63.1429(b). These records shall be kept as specified under § 63.1439(d), except as specified in paragraphs (d)(1)(i) and (ii) of this section. (i) For flares, the records specified in table 5 or 6 to this subpart shall be maintained in place of continuous records. (ii) For carbon adsorbers used for process vents from batch unit operations, the records specified in table 5 of this subpart shall be maintained in place of daily averages. (2) Records of the daily average value for process vents from continuous unit operations or batch unit operations of each continuously monitored parameter, except as provided in paragraphs (d)(2)(i) and (ii) of this section. (i) Monitoring data recorded during periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments shall not be included in computing the daily averages. In addition, monitoring data recorded during periods of non-operation of the process (or specific portion thereof) resulting in cessation of organic HAP emissions shall not be included in computing the daily averages. (ii) If all recorded values for a monitored parameter during an operating day are above the minimum or below the maximum parameter monitoring level established in accordance with the process vent monitoring requirements in § 63.1429(d), the owner or operator may record that all values were above the minimum or below the maximum level established, rather than calculating and recording a daily average for that operating day. (3) Except as specified in paragraph (d)(6) of this section, hourly records of whether the flow indicator for bypass lines specified under § 63.1429(c)(1) was operating and whether a diversion was detected at any time during the hour. Also, records of the time(s) of all periods when the process vent was diverted from the combustion, recovery, or recapture device, or the flow indicator specified in § 63.1429(c)(1) was not operating. (4) Except as specified in paragraph (d)(6) of this section, where a seal or closure mechanism is used to comply with the process vent monitoring requirements for bypass lines in § 63.1429(c)(2), hourly records of flow are not required. For compliance with § 63.1429(c)(2), the owner or operator shall record whether the monthly visual inspection of the seals or closure mechanism has been done, and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type configuration has been checked out, and records of any car-seal that has been broken. (5) Records specifying the times and duration of periods of monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high level adjustments. In addition, records specifying any other periods of process or combustion, recovery, or recapture device operation when monitors are not operating. (6) For each flow event from a bypass line subject to the requirements in § 63.1429(c), beginning no later than the compliance dates specified in § 63.1422(h), the owner or operator shall maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements in this subpart, the owner or operator shall include an estimate of the volume of gas, the concentration of organic HAP in the gas, and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (7) For process vents in ethylene oxide service subject to the requirements of § 63.1426(g), owners and operators shall keep the records specified in paragraphs (d)(7)(i) and (ii) of this section in addition to those records specified elsewhere in this section. (i) For process vents, include all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations used to determine the total uncontrolled ethylene oxide mass emissions rate for the sum of all vent gas streams. (ii) If emissions are vented through a closed vent system to a non-flare control device, then the owner or operator shall keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.124(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record shall specify the identification of the control device, the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. (e) Records related to the group determination for process vents that are associated with the use of nonepoxide organic HAP to make or modify the product (1) Process vents from batch unit operations. e.g., (i) A description of, and an emission estimate for, each batch emission episode, and the total emissions associated with one batch cycle for each unique product class made in the PMPU. (ii) Total annual uncontrolled TOC or nonepoxide organic HAP emissions from the combination of process vents from batch unit operations associated with the use of nonepoxide organic HAP to make or modify the product, as determined in accordance with the process vent requirements for group determinations in § 63.1428(b). (iii) The annual average flow rate for the combination of process vents from batch unit operations associated with the use of organic HAP to make or modify the product, as determined in accordance with the process vent requirements for group determinations in § 63.1428(d). (iv) The cutoff flow rate, determined in accordance with the process vent requirements for group determinations in § 63.1428(e). (v) The results of the PMPU group determination ( i.e., (vi) If the combination of all process vents from batch unit operations associated with the use of an organic HAP to make or modify the product is subject to the Group 1 batch process vent control requirements for nonepoxide HAP emissions from making or modifying the product in § 63.1425((c)(1), none of the records in paragraphs (e)(1)(i) through (v) of this section are required. (vii) If the total annual emissions from the combination of process vents from batch unit operations associated with the use of an organic HAP to make or modify the product are less than the thresholds specified in the definition of Group 1 combination of batch process vents in § 63.1423, only the records in paragraphs (e)(1)(i) and (ii) of this section are required. (2) Process vents from continuous unit operations. (f) Records for Group 2 process vents that are associated with the use of nonepoxide organic HAP to make or modify the product. (1) Process vents from batch unit operations—emission records. (2) Process vents from continuous unit operations—monitoring records for vents with TRE between 1.0 and 4.0. (i) Continuous records of the equipment operating parameters specified to be monitored under § 63.114(b) and listed in table 5 to this subpart or specified by the Administrator in accordance with §§ 63.114(c) and 63.117(e); and (ii) Records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 63.152(f). If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the records specified in table 5 to this subpart shall be kept instead of the daily averages. (3) Process vents from continuous unit operations—records related to process changes. (i) Any process changes as defined in § 63.115(e); and (ii) Any recalculation of the TRE index value pursuant to § 63.115(e). (4) Process vents from continuous unit operations—records for vents with a flow rate less than 0.005 standard cubic meter per minute. (i) Any process changes as defined in § 63.115(e) that increase the process vent stream flow rate; (ii) Any recalculation or measurement of the flow rate pursuant to § 63.115(e); and (iii) If the flow rate increases to 0.005 standard cubic meter per minute or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d). (5) Process vents from continuous unit operations—records for vents with an organic HAP concentration less than 50 parts per million. (i) Any process changes as defined in § 63.115(e) that increase the organic HAP concentration of the process vent stream; (ii) Any recalculation or measurement of the concentration pursuant to § 63.115(e); and (iii) If the organic HAP concentration increases to 50 parts per million by volume or greater as a result of the process change, the TRE determination performed according to the procedures of § 63.115(d). (g) Notification of Compliance Status. (1) For the owner or operator complying with the process vent control requirements in § 63.1425(b), (c)(1), (c)(3), or (d), the information specified in paragraph (b) of this section related to the compliance demonstration, and the information specified in paragraph (c) of this section related to the establishment of parameter monitoring levels, (2) For each PMPU where the combination of process vents from batch unit operations that are associated with the use of nonepoxide organic HAP to make or modify the product is Group 2, the information related to the group determination specified in paragraph (e)(1) of this section. (3) For each process vent from a continuous unit operation that is associated with the use of nonepoxide organic HAP to make or modify the product that is Group 2, the information related to the group determination specified in paragraph (e)(2) of this section. (h) Periodic Reports. (1) Reports of daily average values of monitored parameters for all operating days when the daily average values recorded under paragraph (d)(2) of this section were above the maximum, or below the minimum, level established in the Notification of Compliance Status or operating permit. (2) Reports of the duration of periods when monitoring data are not collected for each excursion caused by insufficient monitoring data as defined in § 63.1438(f)(1)(iv), (f)(2)(i)(B), or (f)(3)(ii). (3) Reports of the times and durations of all periods recorded under paragraph (d)(3) of this section when the process vent stream is diverted from the combustion, recovery, or recapture device through a bypass line and if applicable, the information in paragraph (h)(7) of this section. Include the start date, start time, and duration in hours of each period. (4) Reports of all periods recorded under paragraph (d)(4) of this section in which the seal mechanism is broken, the bypass line valve position has changed, or the key to unlock the bypass line valve was checked out and if applicable, the information in paragraph (h)(7) of this section. Include the start date, start time, and duration in hours of each period. (5) Except as specified in § 63.1436(a), reports of the times and durations of all periods recorded under paragraph (d)(1)(i) of this section in which all pilot flames of a flare were absent. Include the start date, start time, and duration in hours of each period. (6) Reports of all carbon bed regeneration cycles during which the parameters recorded under paragraph (d)(1)(ii) of this section were above the maximum, or below the minimum, levels established in the Notification of Compliance Status or operating permit. Include the identification of the carbon bed, the monitored parameter that was outside the established range, and the start date, start time, and duration in hours of the regeneration cycle. (7) Beginning no later than the compliance dates specified in § 63.1422(h), the owner or operator shall comply with this paragraph (h)(7) in addition to the requirements in paragraphs (h)(3) and (4) of this section. For bypass lines subject to the requirements in § 63.1429(c), the Periodic Report shall include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume, and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (8) For process vents in ethylene oxide service subject to the requirements of § 63.1426(g), the Periodic Report shall include the records for periods specified in paragraph (d)(7)(ii) of this section. Indicate the start date and time and end date and time for each period. (9) For any maintenance vent release exceeding the applicable limits in § 63.1425(h)(1), the Periodic Report shall include the information specified in paragraphs (h)(9)(i) through (iv) of this section. For the purposes of this reporting requirement, if an owner or operator complies with § 63.1425(h)(1)(iv), then the owner or operator shall report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required. (i) Identification of the maintenance vent and the equipment served by the maintenance vent. (ii) The date and time the maintenance vent was opened to the atmosphere. (iii) The LEL in percent, vessel pressure in psig, or mass in pounds of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5-psig vessel pressure option in § 63.1425(h)(1)(ii) was used and active purging was initiated while the concentration of the vapor was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (iv) An estimate of the mass in pounds of organic HAP released during the entire atmospheric venting event. (i) Reports of process changes. 1 (j) Reporting requirements for Group 2 continuous process vents. (i) A description of the process change; (ii) The results of the recalculation of the TRE index value required under § 63.1428(h)(2), and recorded under paragraph (f)(3) of this section; and (iii) A statement that the owner or operator will comply with the process vent monitoring requirements specified in § 63.1429, as appropriate. (2) Whenever a process change, as defined in § 63.1420(g)(3), is made that causes a Group 2 continuous process vent with a flow rate less than 0.005 standard cubic meters per minute to become a Group 2 continuous process vent with a flow rate of 0.005 standard cubic meters per minute or greater, the owner or operator shall submit a report within 180 calendar days after the process change is made or the information regarding the process change is known, unless the organic HAP concentration is less than 50 ppmv. The report may be submitted as part of the next periodic report. The report shall include: (i) A description of the process change; (ii) The results of the calculation of the TRE index value required under § 63.1428(h)(2), and recorded under paragraph (f)(3) of this section; and (iii) A statement that the owner or operator will comply with the process vent monitoring requirements specified in § 63.1429, as appropriate. (3) Whenever a process change, as defined in § 63.1420(g)(3), is made that causes a Group 2 continuous process vent with an organic HAP concentration less than 50 ppmv to become a Group 2 continuous process vent with an organic HAP concentration of 50 ppmv or greater and a TRE index value less than 4.0, the owner or operator shall submit a report within 180 calendar days after the process change is made or the information regarding the process change is known, unless the flow rate is less than 0.005 standard cubic meters per minute. The report may be submitted as part of the next periodic report. The report shall include: (i) A description of the process change; (ii) The results of the calculation of the TRE index value required under § 63.1428(h)(2), and recorded under paragraph (f)(3) of this section; and (iii) A statement that the owner or operator will comply with the process vent monitoring requirements specified in § 63.1429, as appropriate. (k) Alternative requests. [91 FR 13169, Mar. 18, 2026] § 63.1431 Process vent annual epoxides emission factor plan requirements. (a) Applicability of emission factor plan requirements. (b) Emission factor plan requirements. (1) If epoxide emissions are maintained below the epoxide emission factor limitation through the use of a combustion, recovery, or recapture device (without extended cookout), the owner or operator shall develop and implement the plan in accordance with paragraph (c) of this section. (2) If epoxide emissions are maintained below the epoxide emission factor limitation through the use of extended cookout (without a combustion, recovery, or recapture device), the owner or operator shall develop and implement the plan in accordance with paragraph (d) of this section. (3) If epoxide emissions are maintained below the epoxide emission factor limitation through the use of extended cookout in conjunction with a combustion, recovery, or recapture device, the owner or operator shall develop and implement the plan in accordance with paragraph (e) of this section. (c) Compliance with epoxide emission factor limitation using a combustion, recovery, or recapture device. (i) Annual uncontrolled epoxide emissions. These emission estimates shall be determined in accordance with the batch process vent group determination procedures in the NESHAP for Group I Polymers and Resins (40 CFR part 63, subpart U, § 63.488(b)) and shall be based on anticipated production. (ii) A description of the combustion, recovery, or recapture device, along with the expected percent efficiency. (iii) Annual emissions after the combustion, recovery, or recapture device. The expected annual emissions after control shall be determined using the following equation: Equation 1 to Paragraph (c)(1)(iii) Where: AE control AE uncontrolled R = Expected control efficiency of the combustion, recovery, or recapture device, percent, as determined in § 63.1426(c). (iv) The actual annual production rate means the annual mass of polyether polyol product produced from the applicable PMPU. This production rate shall be for the same annual time period as the annual emission estimate as calculated in accordance with paragraph (c)(1)(iii) of this section. (2) The owner or operator shall conduct a performance test in accordance with § 63.1426(c) to determine the epoxide control efficiency of the combustion, recovery, or recapture device. The owner or operator shall then recalculate the annual epoxide emissions after control using Equation 1 to Paragraph (c)(1)(iii) of this section, except that the control efficiency, R, shall be the measured control efficiency. This information shall be submitted as part of the Notification of Compliance Status, as provided in § 63.1439(e)(5). (3) The owner or operator shall comply with the process vent monitoring provisions in § 63.1429. (4) The owner or operator shall comply with the process vent recordkeeping requirements in paragraphs § 63.1430(b) through (d), and the process vent reporting requirements in § 63.1430(g)(1) and (h). (d) Compliance with epoxide emission factor limitation using extended cookout. (2) The owner or operator shall determine the annual epoxide emissions in accordance with § 63.1427(d), based on anticipated production. This information shall be submitted as part of the Notification of Compliance Status, as provided in § 63.1439(e)(5). (3) The owner or operator shall comply with the ECO monitoring provisions in § 63.1427(i). (4) The owner or operator shall comply with the process vent recordkeeping and reporting requirements in § 63.1430. (e) Compliance with the epoxide emission factor limitation through the use of extended cookout in conjunction with one or more combustion, recovery, and/or recapture device. (2) The owner or operator shall determine the annual epoxide emissions after control. This information shall be submitted as part of the Notification of Compliance Status, as provided in § 63.1439(e)(5). (3) The owner or operator shall comply with the ECO monitoring provisions in § 63.1427(i). (4) The owner or operator shall comply with the ECO recordkeeping and reporting requirements in § 63.1427(j) and (k). (f) Compliance with epoxide emission factor limitation without using extended cookout or a combustion, recovery, or recapture device. (2) Each year after the compliance date, the owner or operator shall calculate the epoxides emission factor for the previous year. This information shall be submitted in the second Periodic Report submitted each year, as specified in § 63.1439(e)(6). [64 FR 29439, June 1, 1999, as amended at 91 FR 13173, Mar. 18, 2026] § 63.1432 Storage vessel provisions. (a) For each storage vessel located at an affected source, the owner or operator shall comply with the HON storage vessel requirements of §§ 63.119 through 63.123 and the HON leak inspection provisions in § 63.148, with the differences noted in paragraphs (b) through (q) of this section and, beginning March 18, 2026, paragraphs (r) through (w) of this section, for the purposes of this subpart. (b) When the term “storage vessel” is used in the HON storage vessel requirements in §§ 63.119 through 63.123, the definition of this term in § 63.1423 shall apply for the purposes of this subpart. (c) When the term “Group 1 storage vessel” is used in the HON storage vessel requirements in §§ 63.119 through 63.123, the definition of this term in § 63.1423 shall apply for the purposes of this subpart. (d) When the term “Group 2 storage vessel” is used in the HON storage vessel requirements in §§ 63.119 through 63.123, the definition of this term in § 63.1423 shall apply for the purposes of this subpart. (e) When the HON storage vessel requirements in § 63.119 refer to “December 31, 1992,” the phrase “September 4, 1997” shall apply instead, for the purposes of this subpart. (f) When the HON storage vessel requirements in § 63.119 refer to “April 22, 1994,” the phrase “June 1, 1999,” shall apply instead, for the purposes of this subpart. (g) The owner or operator of an affected source shall comply with this paragraph instead of § 63.120(d)(1)(ii) for the purposes of this subpart. If the combustion, recovery, or recapture device used to comply with § 63.119(e) is also used to comply with any of the requirements found in §§ 63.1425 through 63.1431 and/or § 63.1433, the performance test required in or accepted by §§ 63.1425 through 63.1431 and/or § 63.1433 is acceptable for demonstrating compliance with the HON storage vessel requirements in § 63.119(e), for the purposes of this subpart. The owner or operator will not be required to prepare a design evaluation for the combustion, recovery, or recapture device as described in § 63.120(d)(1)(i), if the performance test meets the criteria specified in paragraphs (g)(1) and (2) of this section. (1) The performance test demonstrates that the combustion, recovery, or recapture device achieves greater than or equal to the required control efficiency specified in the HON storage vessel requirements in § 63.119(e)(1) or (2), as applicable; and (2) The performance test is submitted as part of the Notification of Compliance Status required by § 63.1439(e)(5). (h) When the HON storage vessel requirements in §§ 63.120(d)(3)(i), 63.120(d)(5), and 63.122(g)(2) use the term “range,” the term “level” shall apply instead for the purposes of this subpart. (i) For purposes of this subpart, the monitoring plan required by the HON storage vessel requirements in § 63.120(d)(2) shall specify for which combustion, recovery, or recapture device the owner or operator has selected to follow the procedures for continuous monitoring specified in § 63.1438. For the combustion, recovery, or recapture device(s) for which the owner or operator has selected not to follow the procedures for continuous monitoring specified in § 63.1438, the monitoring plan shall include a description of the parameter(s) to be monitored to ensure that the combustion, recovery, or recapture device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter(s), and the frequency with which monitoring will be performed (e.g., when the liquid level in the storage vessel is being raised), as specified in § 63.120(d)(2)(i). (j) For purposes of this subpart, the monitoring plan required by § 63.122(b) shall be included in the Notification of Compliance Status required by § 63.1439(e)(5). (k) When the HON Notification of Compliance Status requirements contained in § 63.152(b) are referred to in §§ 63.120, 63.122, and 63.123, the Notification of Compliance Status requirements contained in § 63.1439(e)(5) shall apply for the purposes of this subpart. (l) When the HON Periodic Report requirements contained in § 63.152(c) are referred to in §§ 63.120 and 63.122, the Periodic Report requirements contained in § 63.1439(e)(6) shall apply for the purposes of this subpart. (m) When other reports as required in § 63.152(d) are referred to in § 63.122, the reporting requirements contained in § 63.1439(e)(7) shall apply for the purposes of this subpart. (n) When the HON Initial Notification requirements contained in § 63.151(b) are referred to in § 63.119 through § 63.123, the owner or operator shall comply with the Initial Notification requirements contained in § 63.1439(e)(3), for the purposes of this subpart. (o) When the determination of equivalence criteria in § 63.102(b) are referred to in the HON storage vessel requirements in § 63.121(a), the General Provisions' alternative nonopacity emission provisions in § 63.6(g) shall apply for the purposes of this subpart. (p) The compliance date for storage vessels at affected sources subject to the provisions of this section is specified in § 63.1422. (q) In addition to the records required by § 63.123, the owner or operator of each storage vessel that is complying with § 63.119(e) and that has an applicable monitoring plan in accordance with § 63.120(d)(2) that does not specify continuous monitoring, shall maintain records of all times when the storage tank is being filled (i.e., when the liquid level in the storage vessel is being raised). These records shall consist of documentation of the time when each filling period begins and ends. (r) Substitute “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),” for each occurrence of “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10),”. Owners and operators of a storage vessel with an internal floating roof subject to § 63.119(b)(5)(ix), (x), (xi), and (xii) in accordance with this paragraph may install the required upgraded deck fittings and controls for guidepoles the next time the storage vessel is emptied and degassed, or no later than March 18, 2036. (s) For storage vessels in ethylene oxide service: (1) Substitute “in ethylene oxide service, as defined in § 63.101” with “in ethylene oxide service, as defined in § 63.1423”. (2) Substitute “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),” for each occurrence of “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11),”. (3) To demonstrate compliance for storage vessels in ethylene oxide service, as defined in § 63.1423, and establish the parameter monitoring level(s), owners or operators shall meet the requirements in § 63.124 (in addition to the HON storage vessel requirements specified in this section), except as specified in paragraphs (s)(3)(i) and (ii) of this section. (i) Substitute “§ 63.100(k)(11)” with “§ 63.1422(h)”. (ii) Substitute “§ 63.108” with “§ 63.1436”. (t) Substitute “§ 63.1420(h)(4)” for each occurrence of “§ 63.102(f) of subpart F of this part”. (u) Substitute “§ 63.1436” for each occurrence of “§ 63.108”. (v) The phrase “, and PRDs in ethylene oxide service,” in § 63.119(a)(7)(ii) does not apply for purposes of this subpart. (w) Section 63.119(b)(7) does not apply. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 91 FR 13173, Mar. 18, 2026] § 63.1433 Wastewater provisions. (a) Process wastewater. (1) Owners and operators of affected sources are not required to comply with the HON new source wastewater requirements in § 63.132(b)(1) and (d) for the purposes of this subpart. Owners or operators of all new affected sources, as defined in this subpart, shall comply with the HON requirements for existing sources in §§ 63.132 through 63.149, with the exceptions noted in paragraphs (a)(2) through (26) of this section. (2) The provisions of paragraphs (a)(2)(i), (ii), and (a)(10)(iii) of this section clarify the organic HAP that an owner or operator shall consider when complying with the requirements of §§ 63.132 through 63.149. (i) Owners and operators are exempt from all requirements in §§ 63.132 through 63.149 that pertain solely and exclusively to organic HAP listed on Table 8 of 40 CFR part 63, subpart G. (ii) When the HON requirements in §§ 63.132 through 63.149 refer to Table 9 compounds, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.1423 and that are listed in Table 9 of 40 CFR part 63, subpart G, for the purposes of this subpart. (iii) When §§ 63.132 through 63.149 refer to compounds in Table 36 of 40 CFR part 63, subpart G, or compounds in List 1 or List 2 of Table 36 of 40 CFR part 63, subpart G, the owner or operator is only required to consider compounds that meet the definition of organic HAP in § 63.1423 and that are listed on Table 36 of 40 CFR part 63, subpart G, for the purposes of this subpart. (3) When the determination of equivalence criteria in § 63.102(b) is referred to in §§ 63.132, 63.133, and 63.137, the General Provisions' alternative nonopacity emission standard provisions in § 63.6(g) shall apply for the purposes of this subpart. (4) When the HON storage vessel requirements contained in §§ 63.119 through 63.123 are referred to in §§ 63.132 through 63.148, the HON storage vessel requirements in §§ 63.119 through 63.123 are applicable, with the exception of the differences referred to in the storage vessel requirements in § 63.1432, for the purposes of this subpart. (5) When the HON process wastewater reporting requirements in § 63.146(a) require the submission of a request for approval to monitor alternative parameters according to the procedures specified in § 63.151(f) or (g), the owner or operator requesting to monitor alternative parameters shall follow the procedures specified in § 63.1439(f) for the purposes of this subpart. (6) When the HON process wastewater recordkeeping requirements in § 63.147(d) require the owner or operator to keep records of the daily average value of each continuously monitored parameter for each operating day as specified in the HON recordkeeping provisions in § 63.152(f), the owner or operator shall instead keep records of the daily average value of each continuously monitored parameter as specified in § 63.1439(d), for the purposes of this subpart. (7) When §§ 63.132 through 63.149 refer to an “existing source,” the term existing affected source, (8) When the HON requirements in §§ 63.132 through 63.149 refer to a “new source,” the term new affected source, (9) When the HON process wastewater provisions in § 63.132 (a) and (b) refer to the “applicable dates specified in § 63.100 of subpart F of this part,” the applicable compliance dates specified in § 63.1422 shall apply, for the purposes of this subpart. (10) Whenever the HON process wastewater provisions in §§ 63.132 through 63.147 refer to a Group 1 wastewater stream or a Group 2 wastewater stream, the definitions of these terms contained in § 63.1423 shall apply, for the purposes of this subpart. (11) When the HON control requirements for certain liquid streams in open systems, in § 63.149(d), refer to “§ 63.100(f) of subpart F,” the phrase “§ 63.1420(c),” shall apply for the purposes of this subpart. In addition, where § 63.149(d) states “and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, or H of this part,” the phrase “and the item of equipment is not otherwise exempt from controls by the provisions of subparts A, F, G, H, or PPP of this part,” shall apply for the purposes of this subpart. (12) When the HON control requirements for certain liquid streams in open systems, in § 63.149(e) (1) and (2), refer to “a chemical manufacturing process unit subject to the new source requirements of 40 CFR 63.100(l) (1) or (2),” the phrase “a new affected source as described in § 63.1420(a)(4),” shall apply for the purposes of this subpart. (13) When the HON Notification of Compliance Status requirements contained in § 63.152(b) are referred to in the HON process wastewater provisions in § 63.138 or § 63.146, the Notification of Compliance Status requirements contained in § 63.1439(e)(5) shall apply for the purposes of this subpart. In addition, when the HON process wastewater provisions in § 63.138 or § 63.146 require that information be reported according to § 63.152(b) in the HON Notification of Compliance Status, owners or operators of affected sources shall report the specified information in the Notification of Compliance Status required by § 63.1439(e)(5), for the purposes of this subpart. (14) When the HON Periodic Report requirements contained in § 63.152(c) are referred to in the HON process wastewater provisions in § 63.146, the Periodic Report requirements contained in § 63.1439(e)(6) shall apply for the purposes of this subpart. In addition, when § 63.146 requires that information be reported in the HON Periodic Reports required in § 63.152(c), owners or operators of affected sources shall report the specified information in the Periodic Reports required in § 63.1439(e)(6), for the purposes of this subpart. (15) When the term “range” is used in the HON requirements in §§ 63.132 through 63.149, the term “level” shall be used instead, for the purposes of this subpart. This level shall be determined using the procedures specified in parameter monitoring procedures in § 63.1438. (16) When the HON process wastewater monitoring and inspection provisions in § 63.143(f) specify that the owner or operator shall establish the range that indicates proper operation of the treatment process or control technique, the owner or operator shall instead comply with the requirements § 63.1438 (c) or (d) for establishing parameter level maximums/minimums, for the purposes of this subpart. (17) When the HON process wastewater provisions in § 63.146(b) (7) and (8) require that “the information on parameter ranges specified in § 63.152(b)(2)” be reported in the HON Notification of Compliance Status, owners and operators of affected sources are instead required to report the information on parameter levels in the Notification of Compliance Status as specified in § 63.1439(e)(5)(ii), for the purposes of this subpart. (18) For the purposes of this subpart, the owner or operator is not required to comply with the HON process wastewater emission reduction provisions in § 63.138(g). (19) When the provisions of HON process wastewater provisions in § 63.139(c)(1)(ii), § 63.145(d)(4), or § 63.145(i)(2) specify that Method 18, 40 CFR part 60, appendix A shall be used, Method 18 or Method 25A, 40 CFR part 60, appendix A may be used for the purposes of this subpart. The use of Method 25A, 40 CFR part 60, appendix A shall comply with paragraphs (a)(19) (i) and (ii) of this section. (i) The organic HAP used as the calibration gas for Method 25A, 40 CFR part 60, appendix A shall be the single organic HAP representing the largest percent by volume of the emissions. (ii) The use of Method 25A, 40 CFR part 60, appendix A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (20) The owner or operator of a facility which receives a Group 1 wastewater stream, or a residual removed from a Group 1 wastewater stream, for treatment pursuant to the HON provisions in § 63.132(g) is subject to the requirements of § 63.132(g), with the differences identified in this section, and is not subject to the NESHAP from off-site waste and recovery operations in 40 CFR part 63, subpart DD, with respect to the received material. (21) Substitute “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (22) Substitute “pressure relief devices are subject to the requirements specified in § 63.165(e) of subpart H of this part” with “pressure relief devices are subject to the requirements specified in § 63.1434(c)”. (23) For wastewater in ethylene oxide service: (i) Substitute “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(11),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (ii) Substitute “in ethylene oxide service, as defined in § 63.101” with “in ethylene oxide service, as defined in § 63.1423”. (iii) § 63.138(b)(3) and (c)(3) do not apply. Instead, for each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h), for Group 1 wastewater streams in ethylene oxide service, you must comply with one of the treatment options specified in paragraph (a)(23)(iii)(A), (B), or (C) of this section in addition to the control device requirements specified in § 63.138(a)(5). Individual wastewater streams may be excluded from this requirement if their combined ethylene oxide load in the wastewater prior to treatment is less than 1.0 megagram per year, provided you comply with paragraph (a)(23)(iii)(D) of this section. (A) Reduce the concentration of ethylene oxide of each wastewater stream, by removal or destruction, to a level less than 1 ppmw. If you choose to comply with this paragraph (a)(23)(iii)(A) of this section, then you must demonstrate compliance using procedures specified in § 63.145(b), except the parenthetical sentence at the end of § 63.145(b) does not apply, and when “§ 63.138(b)(1) and § 63.138(c)(1)” are referred to in § 63.145(b), it means this paragraph (a)(23)(iii)(A) of this section. (B) Comply with § 63.138(d). If you choose to comply with this paragraph (a)(23)(iii)(B) of this section, then neither a design evaluation nor a performance test is required in accordance with § 63.145(a)(1). (C) Comply with § 63.138(e). You may not use a design evaluation as specified in § 63.145(a)(2) to demonstrate compliance with this paragraph (a)(23)(iii)(C) of this section. Instead, to demonstrate compliance with this paragraph (a)(23)(iii)(C) of this section, you must conduct a performance test as specified in § 63.145(c) or (d). (D) If you exclude individual wastewater streams from compliance with paragraph (a)(23)(iii) of this section based on combined ethylene oxide load prior to treatment, then you must conduct annual sampling of each wastewater stream using the procedures specified in §§ 63.144(b)(5)(i)(I) and 63.145(b), except the parenthetical sentence at the end of § 63.145(b) does not apply and when “§ 63.138(b)(1) and § 63.138(c)(1)” are referred to in § 63.145(b), it means this paragraph (a)(23)(iii)(D) of this section. (24) Substitute “For each source as defined in § 63.101,” with “For each affected source as described in § 63.1420(a),”. (25) Substitute “§ 63.108” with “§ 63.1436”. (26) Substitute “Except for pressure relief devices subject to § 63.165(e)(4),” with “Except for pressure relief devices subject to § 63.1434(c),”. (b) Maintenance wastewater. (1) When the HON maintenance wastewater provisions in § 63.105(a) refer to “organic HAPs listed in Table 9 of subpart G of this part,” the owner or operator is only required to consider compounds that meet the definition of organic HAP (2) When the term “maintenance wastewater” is used in the HON maintenance wastewater provisions in § 63.105, the definition of “maintenance wastewater” in § 63.1423 shall apply, for the purposes of this subpart. (3) When the term “wastewater” is used in the HON maintenance wastewater provisions in § 63.105, the definition of “wastewater” in § 63.1423 shall apply, for the purposes of this subpart. (c) Compliance date. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 91 FR 13173, Mar. 18, 2026] § 63.1434 Equipment leak and transfer rack provisions. (a) The owner or operator of each affected source shall comply with the HON equipment leak requirements in 40 CFR part 63, subpart H for all equipment in organic HAP service, except §§ 63.165 and 63.184, any recordkeeping and reporting related to §§ 63.165 and 63.184, as specified in paragraphs (b) through (h) of this section, and beginning March 18, 2026, as specified in paragraphs (a)(1) through (7) of this section. (1) Substitute “For each source as defined in § 63.101, and for each source as defined in § 63.191, on and after July 15, 2027,” with “For each affected source as described in § 63.1420(a), on and after March 18, 2029,”. (2) Except as specified in paragraph (a)(7) of this section, substitute “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (3) For equipment in ethylene oxide service: (i) Substitute “in ethylene oxide service, as defined in § 63.101” with “in ethylene oxide service, as defined in § 63.1423”. (ii) Substitute “For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (iii) Except as specified in paragraph (a)(3)(iv)(B) of this section, if § 63.174(b)(3)(vi) refers to “once every month,” then substitute it for “once every quarter;” otherwise, § 63.174(b)(3)(vi) applies as written. (iv) § 63.171 does not apply for light liquid pumps in ethylene oxide service, gas/vapor and light liquid valves in ethylene oxide service, and gas/vapor and light liquid connectors in ethylene oxide service. Instead, when leaks have been detected, delay of repair beyond 15 days is allowed if you meet the requirements in paragraphs (a)(3)(iv)(A) and (B) of this section, or paragraph (a)(3)(iv)(C) of this section. (A) For PMPUs with less than 5,000 pieces of equipment in ethylene oxide service, you may have no more than 5 pieces of equipment in ethylene oxide service on delay of repair at a given time. For PMPUs with more than 5,000 pieces of equipment in ethylene oxide service, you may have no more than 0.1-percent of equipment in ethylene oxide service on delay of repair at a given time. (B) Equipment in ethylene oxide service that is on delay of repair must be monitored monthly, following the monitoring requirements at § 63.180(b), and the instrument reading must not indicate that a delay of repair leak is detected. A delay of repair leak is defined as an instrument reading of 1,000 parts per million or greater. If a delay of repair leak is detected, then the delay of repair provisions no longer apply and the leak must be fixed no later than 15 calendar days after the delay of repair leak is detected. (C) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in ethylene oxide service. Equipment that is isolated from the process is not applicable to the requirements in paragraphs (a)(3)(iv)(A) and (B) of this section. (4) Substitute “Except for pressure relief devices subject to § 63.165(e)(4),” with “Except for pressure relief devices subject to paragraph (c) of this section,”. (5) Substitute “§ 63.108” with “§ 63.1436”. (6) For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h), the requirements specified in § 63.168(b)(2)(i) through (iii) for valves that are either in gas service or in light liquid service no longer apply. Instead, for valves that are either in gas service or in light liquid service, a leak is detected if the instrument reading equals or exceeds 100 ppmv. (7) Beginning no later than the compliance dates specified in § 63.1422(h), § 63.170 no longer applies. Instead, if a gaseous emission stream from a surge control vessel or bottoms receiver is considered a process vent as defined in § 63.1423, you must comply with either paragraph (a)(7)(i) or (ii) of this section. (i) Route the organic vapors vented from the surge control vessel or bottoms receiver to a fuel gas system or process with a closed vent system meeting the requirements in § 63.119(f); or (ii) Comply with § 63.1425 through 63.1431, as applicable. (b) Except as specified in paragraphs (a)(1) through (3) and (a)(6) and (7) of this section, the compliance date for the equipment leak provisions in this section is provided in § 63.1422(d). (c) Requirements for pressure relief devices. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as detected by Method 21 of 40 CFR part 60, appendix A, no later than 5 calendar days after the pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm above background, except as provided in § 63.171. (ii) If the pressure relief device consists of or includes a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release, except as provided in § 63.171. (3) Pressure release management. (i) For each pressure relief device in organic HAP service, the owner or operator must equip each pressure relief device with a device(s) or use a monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system may be either specific to the pressure relief device itself or may be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) If any pressure relief device in organic HAP service releases to atmosphere as a result of a pressure release event, the owner or operator must calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.1439(e)(6)(ix). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (4) Pressure relief devices routed to a control device, process, or drain system. (d) When the HON equipment leak Initial Notification requirements contained in §§ 63.182(a)(1) and 63.182(b) are referred to in 40 CFR part 63, subpart H, the owner or operator shall comply with the Initial Notification requirements contained in § 63.1439(e)(3), for the purposes of this subpart. The Initial Notification shall be submitted no later than June 1, 2000, or no later than 120 days after the source becomes subject to this subpart, whichever is later, for existing sources. (e) The HON equipment leak Notification of Compliance Status required by §§ 63.182(a)(2) and 63.182(c) shall be submitted within 150 days (rather than 90 days) of the applicable compliance date specified in § 63.1422 for the equipment leak provisions. The Initial Notification shall be submitted no later than June 1, 2000, or no later than 120 days after the source becomes subject to this subpart, whichever is later, for existing sources. (f) The Periodic Reports required by § 63.182(a)(3) and (d) shall be submitted as part of the Periodic Reports required by § 63.1439(e)(6). (g) If specific items of equipment, comprising part of a process unit subject to this subpart, are managed by different administrative organizations (e.g., different companies, affiliates, departments, divisions, etc.), those items of equipment may be aggregated with any PMPU within the affected source for all purposes under subpart H, providing there is no delay in achieving the applicable compliance date. (h) The phrase “the provisions of subparts F, I, or PPP of this part” shall apply instead of the phrase “the provisions of subparts F or I of this part,” and instead of the phrase “the provisions of subpart F or I of this part” throughout §§ 63.163 and 63.168, for the purposes of this subpart. In addition, the phrase “subparts F, I, and PPP” shall apply instead of the phrase “subparts F and I” in § 63.174(c)(2)(iii), for the purposes of this subpart. (i) For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h), the owner or operator of each transfer rack that does not meet the criteria specified in § 63.1420(c)(10) or (11) shall comply with the HON transfer rack requirements in §§ 63.126 through 63.130 and the HON leak inspection provisions in § 63.148, with the differences noted in paragraphs (i)(1) through (13) of this section. (1) When the term “Group 1 transfer rack” is used in §§ 63.126 through 63.130, the definition of this term in § 63.1423 shall apply for the purposes of this subpart. (2) When the term “Group 2 transfer rack” is used in §§ 63.126 through 63.130, the definition of this term in § 63.1423 shall apply for the purposes of this subpart. (3) When “organic hazardous air pollutants,” “organic HAP's,” or “organic HAP” are used in §§ 63.126 through 63.130, the definition of “Organic hazardous air pollutant(s) (organic HAP)” shall apply for the purposes of this subpart. (4) Sections 63.126(d) and (h)(1), and 63.128(d) do not apply. (5) The phrase “subject to this subpart” means 40 CFR part 63, subpart PPP. (6) When the term “range” is used in §§ 63.126 through 63.130, the term “level” shall be used instead, for the purposes of this subpart. This level shall be determined using the procedures specified in parameter monitoring procedures in § 63.1438. (7) The owner or operator of an affected source shall comply with this paragraph (i)(7) instead of § 63.128(a)(1) for the purposes of this subpart. If the combustion, recovery, or recapture device used to comply with § 63.126(b) is also used to comply with any of the requirements found in §§ 63.1425 through 63.1431 and/or § 63.1433, the performance test required in or accepted by §§ 63.1425 through 63.1431 and/or § 63.1433 is acceptable for demonstrating compliance with § 63.126(b), for the purposes of this subpart. (8) When § 63.152(b) is referred to in §§ 63.127, 63.128, and 63.129, the Notification of Compliance Status requirements contained in § 63.1439(e)(5) shall apply for the purposes of this subpart. (9) When § 63.152(c) is referred to in §§ 63.128, 63.129, and 63.130, the Periodic Report requirements contained in § 63.1439(e)(6) shall apply for the purposes of this subpart. (10) Substitute “For each source as defined in § 63.101, on and after July 15, 2027,” with “For each affected source as described in § 63.1420(a), on and after March 18, 2029,”. (11) Substitute “For each source as defined in § 63.101, beginning no later than the compliance dates specified in § 63.100(k)(10),” with “For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h),”. (12) Substitute “Beginning no later than the compliance dates specified in § 63.100(k)(10),” with “Beginning no later than the compliance dates specified in § 63.1422(h),”. (13) Substitute “§ 63.108” with “§ 63.1436”. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 FR 17378, Mar. 27, 2014; 85 FR 73900, Nov. 19, 2020; 91 FR 13174, Mar. 18, 2026] § 63.1435 Heat exchanger provisions. (a) The owner or operator of each affected source shall comply with the requirements of § 63.104 for heat exchange systems, with the exceptions noted in paragraphs (b) through (e) of this section and, beginning March 18, 2026, in paragraphs (f) through (i) of this section. (b) When the term “chemical manufacturing process unit” is used in § 63.104, the term “polyether polyols manufacturing process unit” shall apply for the purposes of this subpart. Further, when the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100(b)(1) through (3) of this subpart, except for chemical manufacturing process units meeting the condition specified in § 63.100(c) of this subpart” is used in § 63.104(a), the term “PMPU, except for PMPU meeting the conditions specified in § 63.1420(b)” shall apply for the purposes of this subpart. (c) When the HON heat exchange system requirements in § 63.104(c)(3) specify the monitoring plan retention requirements, and when § 63.104(f)(1) refers to the record retention requirements in § 63.103(c)(1), the provisions of the general recordkeeping and reporting requirements in § 63.1439(a) and the applicable provisions of the General Provisions in 40 CFR part 63, subpart A, as specified in Table 1 of this subpart, shall apply for the purposes of this subpart. (d) When the HON heat exchange system requirements in § 63.104(f)(2) require information to be reported in the Periodic Reports required by the HON general reporting provisions in § 63.152(c), the owner or operator shall instead report the information specified in § 63.104(f)(2) in the Periodic Reports required by the general reporting requirements in § 63.1439(e)(6), for the purposes of this subpart. (e) When the HON heat exchange system requirements in § 63.104 refer to Table 4 of 40 CFR part 63, subpart F or Table 9 of 40 CFR part 63, subpart G, the owner or operator is only required to consider organic HAP listed in Table 4 of 40 CFR part 63, subpart F or 40 CFR part 63, Table 9 of subpart G that are also listed on Table 4 of this subpart, for the purposes of this subpart. (f) Substitute “For each source as defined in § 63.101,” with “For each affected source as described in § 63.1420(a),”. (g) Substitute “beginning no later than the compliance dates specified in § 63.100(k)(10)” with “beginning no later than the compliance dates specified in § 63.1422(h). (h) If an owner or operator complies with § 63.104(g), then § 63.104(b) through (e) no longer apply. (i) For heat exchange systems in ethylene oxide service: (1) Substitute “in ethylene oxide service, as defined in § 63.101” with “in ethylene oxide service, as defined in § 63.1423”. (2) § 63.104(g)(6) does not apply. Instead, for heat exchange systems in ethylene oxide service, the monitoring frequency is monthly. (3) § 63.104(h)(6) does not apply. Instead, for heat exchange systems in ethylene oxide service, owners and operators must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 45 days after the sample was collected. (4) Section 63.104(k) does not apply. Instead for each source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h), owners and operators must not inject water into or dispose of water through any heat exchange system in a PMPU if the water contains any amount of ethylene oxide, has been in contact with any process stream containing ethylene oxide, or is considered wastewater as defined in § 63.1423. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 91 FR 13175, Mar. 18, 2026] § 63.1436 Flares. (a) For any flare that is used to reduce organic HAP emissions from a PMPU, the owner or operator may elect to comply with the requirements in this section in lieu of the requirements of § 63.11(b) and the requirements referenced therein. However, beginning no later than the compliance dates specified in § 63.1422(h), the provisions specified in paragraphs (a)(1) through (25) of this section no longer apply. Instead, if an owner or operator reduces organic HAP emissions from a PMPU by venting emissions through a closed vent system to a steam-assisted, air-assisted, or non-assisted flare, then the owner or operator must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671, including the provisions in tables 12 and 13 to subpart CC of this part, except as specified in paragraph (b) of this section. This requirement also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from a PMPU, as determined on an annual average basis. For purposes of compliance with this paragraph, the following terms are defined in § 63.641: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam. (1) Section 63.1426(a)(1); (2) Section 63.1429(a)(2); (3) Section 63.1437(c)(1) through (3); (4) Section 63.107(h)(9)(i) related to criteria in § 63.11(b); (5) Section 63.113(a)(1); (6) Section 63.114(a)(2); (7) Section 63.116(a)(1) through (3); (8) Section 63.117(a)(5)(i) through (iii); (9) Section 63.118(f)(5); (10) The last sentence in § 63.119(e)(1) related to flares; (11) Section 63.120(e)(1) through (6); (12) Section 63.122(c)(2) and (g)(3); (13) Section 63.126(b)(2)(i); (14) Section 63.127(a)(2); (15) Section 63.128(b)(1) through (3); (16) Section 63.129(a)(5)(i) through (iii); (17) Section 63.130(a)(2)(i), (c), and (d)(5); (18) Section 63.139(c)(3) and (d)(3); (19) Section 63.145(j)(1) through (3); (20) Section 63.146(b)(7)(i)(A) through (C); (21) Section 63.147(d)(1); (22) Section 63.172(d); (23) Section 63.180(e)(1) through (3); (24) Section 63.181(g)(1)(iii); and (25) The phrase “including periods when a flare pilot light system does not have a flame” in § 63.181(g)(2)(i). (b) The exceptions specified in § 63.108(b) through (o) apply, except as specified in paragraphs (b)(1) through (7) of this section. (1) Where the term “chemical manufacturing process unit” is used, the term “PMPU” applies instead for the purposes of this subpart. (2) Where the reference “§ 63.100(k)(10)” is used, the reference § 63.1422(h) applies instead for the purposes of this subpart. (3) Where the phrase “Hazardous Organic Chemical Manufacturing Sector Lead” is used, the phrase “Polyether Polyols Sector Lead” applies instead for the purposes of this subpart. (4) Where the reference “§ 63.152(b)(7)” is used, the reference “§ 63.1439(e)(5)(ix)” applies instead for the purposes of this subpart. (5) Instead of the address given in § 63.108(n), the address to submit the alternative means of limitation request is U.S. EPA, Attn: Polyether Polyols Sector Lead, Mail Drop: E143-01, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, NC 27711. (6) When requesting an alternative under 63.1426(a)(2) in accordance with § 63.670(r), substitute “the flare achieves 96.5 percent combustion efficiency (or 98 percent destruction efficiency)” with “the flare achieves a control efficiency greater than 98 percent”. (7) Section 63.670(o)(2) does not apply. Instead, flare management plans must be submitted to the Administrator in a supplement to the Notification of Compliance Status report in accordance with § 63.1439(e)(5). The plan should be updated periodically to account for changes in the operation of the flare, such as new connections to the flare or the installation of a flare gas recovery system, but the plan needs to be re-submitted to the Administrator only if the owner or operator alters the design smokeless capacity of the flare. The owner or operator must comply with the updated plan as submitted. [91 FR 13175, Mar. 18, 2026] § 63.1437 Additional requirements for performance testing. (a) Initial and subsequent performance testing shall be conducted in accordance with § 63.7(a)(1), (a)(3), (d), (e)(2), (e)(4), (g), and (h), with the exceptions specified in paragraphs (a)(1) through (4) of this section and the additions specified in paragraph (b) of this section. If a performance test has never been conducted, conduct an initial performance test no later than the compliance dates specified in § 63.1422(h). Beginning no later than the compliance dates specified in § 63.1422(h), conduct subsequent performance tests no later than the compliance dates specified in § 63.1422(h) or 60 calendar months after the previous performance test, whichever is later. Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of start-up and shutdown unless specified by the Administrator or an applicable subpart. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (1) Performance tests shall be conducted according to the general provisions' performance testing requirements in § 63.7(e)(2), except that for all emission sources except process vents from batch unit operations, performance tests shall be conducted during maximum representative operating conditions for the process achievable during one of the time periods described in paragraph (a)(1)(i) of this section, without causing any of the situations described in paragraphs (a)(1)(ii) or (iii) of this section to occur. For process vents from batch unit operations, performance tests shall be conducted either at absolute worst-case conditions or hypothetical worst-case conditions, as defined in § 63.1426(c)(3)(i)(B), that are achievable during one of the time periods described in paragraph (a)(1)(i) of this section, without causing any of the situations described in paragraph (a)(1)(ii) or (iii) of this section to occur. (i) The 6-month period that ends 2 months before the Notification of Compliance Status is due, according to § 63.1439(e)(5); or the 6-month period that begins 3 months before the performance test and ends 3 months after the performance test. (ii) Causing damage to equipment; necessitating that the owner or operator make a product that does not meet an existing specification for sale to a customer; or necessitating that the owner or operator make a product in excess of demand. (iii) Causing plant or testing personnel to be subject to unsafe conditions. Owners or operators that limit testing based on this paragraph shall maintain documentation that demonstrates the nature of the unsafe conditions and explains measures considered by the owner or operator to overcome these conditions. If requested, this documentation shall be provided to the Administrator. (2) When the General Provisions' data analysis, recordkeeping, and reporting requirements in § 63.7(g) refer to the Notification of Compliance Status requirements in § 63.9(h), the Notification of Compliance Status requirements in § 63.1439(e)(5) shall instead apply, for the purposes of this subpart. (3) Because the General Provisions' site-specific test plan in § 63.7(c)(3) is not required, the General Provisions' requirement for the Administrator to approve or deny site-specific test plans, in § 63.7(h)(4)(ii), is not applicable for the purposes of this subpart. (4) The owner or operator of an affected source shall provide the Administrator at least 30 days prior notice of any performance test, except as specified under other subparts, to afford the Administrator the opportunity to have an observer present. If after 30 days notice for an initially scheduled performance test, there is a delay (due to operational problems, etc.) in conducting the scheduled performance test, the owner or operator of an affected source shall notify the Administrator (or delegated State or local agency) as soon as possible of any delay in the original test date, either by providing at least 7 days prior notice of the rescheduled test date of the performance test, or by arranging a rescheduled date with the Administrator (or delegated State or local agency) by mutual agreement. (b) Data shall be reduced in accordance with the EPA approved methods specified in the applicable subpart or, if other test methods are used, the data and methods shall be validated according to the protocol in Method 301, 40 CFR part 63, appendix A. (c) Notwithstanding any other provision of this subpart, if an owner or operator of an affected source uses a flare to comply with any of the requirements of this subpart, the owner or operator shall comply with paragraphs (c)(1) through (3) of this section, except as specified in paragraph (c)(4) of this section. The owner or operator is not required to conduct a performance test to determine percent emission reduction or outlet organic HAP or TOC concentration. If a compliance demonstration has been conducted previously for a flare, using the techniques specified in paragraphs (c)(1) through (3) of this section, that compliance demonstration may be used to satisfy the requirements of this paragraph if either no deliberate process changes have been made since the compliance demonstration, or the results of the compliance demonstration reliably demonstrate compliance despite process changes. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4) of the General Provisions; (2) Determine the net heating value of the gas being combusted, using the techniques specified in § 63.11(b)(6) of the General Provisions; and (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7)(i) (and § 63.11(b)(7)(iii), where applicable) or § 63.11(b)(8) of the General Provisions, as appropriate. (4) For each affected source as described in § 63.1420(a), beginning no later than the compliance dates specified in § 63.1422(h), paragraphs (c)(1) through (3) of this section no longer apply and instead the owner or operator of the affected source shall comply with § 63.1436 for the flare. [64 FR 29439, June 1, 1999, as amended at 65 FR 26501, May 8, 2000; 79 FR 17378, Mar. 27, 2014; 91 FR 13176, Mar. 18, 2026] § 63.1438 Parameter monitoring levels and excursions. (a) Establishment of parameter monitoring levels. (1) The owner or operator shall operate combustion, recovery, and recapture devices such that the daily average value of monitored parameters remains at or above the minimum established level, or remains at or below the maximum established level, except as otherwise provided in this subpart. (2) As specified in § 63.1439(e)(5)(ii), all established levels, along with their supporting documentation and the definition of an operating day, shall be submitted as part of the Notification of Compliance Status. (3) Nothing in this section shall be construed to allow a monitoring parameter excursion caused by an activity that violates other applicable provisions of 40 CFR part 63, subparts A, F, G, H, or CC. (b) Establishment of parameter monitoring levels based exclusively on performance tests. (1) Process vents from continuous unit operations. (2) Process vents from batch unit operations. (c) Establishment of parameter monitoring levels based on performance tests, supplemented by engineering assessments and/or manufacturer's recommendations. (1) The specific level of the monitored parameter(s) for each emission point. (2) The rationale for the specific level for each parameter for each emission point, including any data and calculations used to develop the level and a description of why the level indicates proper operation of the combustion, recovery, or recapture device. (d) Establishment of parameter monitoring based on engineering assessments and/or manufacturer's recommendations. (e) Monitoring violations. (i) For each condenser, each excursion constitutes a violation of the emission limit. (ii) For each recovery or recapture device other than a condenser, where an organic monitoring device is used to monitor concentration, each excursion constitutes a violation of the emission limit. (iii) For each combustion, recovery, or recapture device other than a condenser, each excursion constitutes a violation of the operating limit. (2) Each excursion, as defined in paragraphs (f)(1)(ii), (f)(1)(iii), (f)(2)(i)(B), and (f)(3)(ii) of this section constitutes a violation of the operating limit. (f) Parameter monitoring excursion definitions. (1) With respect to storage vessels (where the applicable monitoring plan specifies continuous monitoring), process vents from continuous unit operations using combustion, recovery, or recapture devices for purposes of compliance, and for process wastewater streams, an excursion means any of the three cases listed in paragraphs (f)(1)(i) through (iii) of this section. (i) The daily average value of one or more monitored parameters is above the maximum level or below the minimum level established for the given parameters or, for parameters used to comply with § 63.1425(g) or 63.1432(s)(3), when the 1-hour block average value of one or more monitored parameters is above the maximum level or below the minimum level established for the given parameters. (ii) The period of combustion, recovery, or recapture device operation, with the exception noted in paragraph (f)(1)(v) of this section, is 4 hours or greater in an operating day and monitoring data are insufficient, as defined in paragraph (f)(1)(iv) of this section, to constitute a valid hour of data for at least 75 percent of the operating hours. (iii) The period of combustion, recovery, or recapture device operation, with the exception noted in paragraph (f)(1)(v) of this section, is less than 4 hours in an operating day and more than 2 of the hours during the period of operation do not constitute a valid hour of data due to insufficient monitoring data, as defined in paragraph (f)(1)(iv) of this section. (iv) Monitoring data are insufficient to constitute a valid hour of data, as used in paragraphs (f)(1)(ii) and (iii) of this section, if measured values are unavailable due to monitoring system breakdowns, repairs, calibrated checks, or zero (low-level) and high level adjustments, for any of the 15-minute periods within the hour. For data compression systems approved under § 63.1439(g)(3), monitoring data are insufficient to calculate a valid hour of data if there are less than four data measurements made during the hour. (v) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies, are not considered to be part of the period of combustion, recovery, or recapture device operation, for the purposes of paragraphs (f)(1)(ii) and (iii) of this section. (2) For storage vessels where the applicable monitoring plan does not specify continuous monitoring, an excursion is defined in paragraph (f)(2)(i) or (ii) of this section, as applicable. (i) If the monitoring plan specifies monitoring a parameter and recording its value at specific intervals (such as every 15 minutes or every hour), either of the cases listed in paragraph (f)(2)(i)(A) or (B) of this section is considered a single excursion for the combustion device. (A) When the average value of one or more parameters, averaged over the time during which the storage vessel is being filled (i.e., when the liquid level in the storage vessel is being raised), is above the maximum level or below the minimum level established for the given parameters. (B) When monitoring data are insufficient. Monitoring data shall be considered insufficient when measured values are not available, due to monitoring system breakdowns, repairs, calibration checks, or zero (low-level) and high-level adjustments, for at least 75 percent of the specific intervals at which parameters are to be monitored and recorded, according to the storage vessel's monitoring plan, during which the storage vessel is being filled. (ii) If the monitoring plan does not specify monitoring a parameter and recording its value at specific intervals (for example, if the relevant operating requirement is to exchange a disposable carbon canister before expiration of its rated service life), the monitoring plan shall define an excursion in terms of the relevant operating requirement. (3) With respect to process vents from batch unit operations, an excursion means one of the two cases listed in paragraphs (f)(3)(i) and (ii) of this section. (i) When the daily average value of one or more monitored parameters is above the maximum or below the minimum established level for the given parameters or, for parameters used to comply with § 63.1425(g) or 63.1432(s)(3), when the 1-hour block average value of one or more monitored parameters is above the maximum level or below the minimum level established for the given parameters. (ii) When monitoring data are insufficient for an operating day. Monitoring data shall be considered insufficient when measured values are not available, due to monitoring system breakdowns, repairs, calibration checks, or zero (low-level) and high-level adjustments, for at least 75 percent of the 15-minute periods when batch emission episodes selected to be controlled are being vented to the control device during the operating day, using the procedures specified in paragraphs (f)(3)(ii)(A) through (D) of this section. (A) Determine the total amount of time during the operating day when batch emission episodes selected to be controlled are being vented to the control device. (B) Subtract the time during the periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies, from the total amount of time determined above in paragraph (f)(3)(ii)(A) of this section, to obtain the operating time used to determine if monitoring data are insufficient. (C) Determine the total number of 15-minute periods in the operating time used to determine if monitoring data are insufficient, as was determined in accordance with paragraph (f)(3)(ii)(B) of this section. (D) If measured values are not available for at least 75 percent of the total number of 15-minute periods determined in paragraph (f)(3)(ii)(C) of this section, the monitoring data are insufficient for the operating day. (4) With respect to process vents using ECO to reduce epoxide emissions, an excursion means any of the situations described in § 63.1427(i)(3)(i) through (v). For each excursion, the owner or operator shall be deemed out of compliance with the provisions of this subpart, in accordance with paragraph (e) of this section. [64 FR 29439, June 1, 1999, as amended at 79 FR 17379, Mar. 27, 2014; 91 FR 13176, Mar. 18, 2026] § 63.1439 General recordkeeping and reporting provisions. (a) Data retention. (b) Subpart A requirements. (1) Malfunction recordkeeping and reporting. (i) Records of malfunctions. (A) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, and duration of each failure. (B) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (C) Record actions taken to minimize emissions in accordance with § 63.1420(h)(4), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (ii) Reports of malfunctions. (2) Application for approval of construction or reconstruction. (c) Subpart H requirements. (1) The date that delay of repair began. (2) The date and instrument reading of each monitoring event. (3) The date of successful repair. (4) If the equipment that is isolated from the process such that it is no longer in ethylene oxide service, the date of isolation. (d) Recordkeeping and documentation. (1) The monitoring system shall measure data values at least once during approximately equal 15-minute intervals. (2) The owner or operator shall record either each measured data value or block average values for 1 hour or shorter periods calculated from all measured data values during each period. If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the hourly (or shorter period) block average instead of all measured values. The owner or operator of process vents from batch unit operations shall record each measured data value. (3) Daily average values of each continuously monitored parameter shall be calculated for each operating day as specified in paragraphs (d)(3)(i) through (ii) of this section, except as specified in paragraphs (d)(6) and (7) of this section. (i) The daily average value shall be calculated as the average of all parameter values recorded during the operating day, except as specified in paragraph (d)(7) of this section. The calculated average shall cover a 24-hour period if operation is continuous. If intermittent emissions episodes occur resulting in emissions being vented to a combustion, recapture, or recovery device for a period of less than 24 hours in the operating day, the daily average shall be calculated based only on the period when emissions are being vented to the combustion, recapture, or recovery device. For example, if a batch unit operation operates such that emissions are vented to a combustion device for 6 hours, then the daily average is the average of the temperature measurements taken during those 6 hours. (ii) The operating day shall be the 24-hour period that the owner or operator specifies in the operating permit or the Notification of Compliance Status, for purposes of determining daily average values. (4)-(5) [Reserved] (6) If all recorded values for a monitored parameter during an operating day are above the minimum level or below the maximum level established in the Notification of Compliance Status or operating permit, the owner or operator may record that all values were above the minimum level or below the maximum level rather than calculating and recording a daily average for that operating day. (7) Monitoring data recorded during periods identified in paragraphs (d)(7)(i) and (ii) of this section shall not be included in any average computed under this subpart. Records shall be kept of the times and durations of all such periods and any other periods during process or combustion, recovery, or recapture device operation when monitors are not operating. (i) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments; or (ii) Periods of non-operation of the affected source (or portion thereof), resulting in cessation of the emissions to which the monitoring applies. (8) For continuous monitoring systems used to comply with this subpart, records documenting the completion of calibration checks, and records documenting the maintenance of continuous monitoring systems that are specified in the manufacturer's instructions or that are specified in other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (9) The owner or operator of an affected source granted a waiver of recordkeeping or reporting requirements under the General Provisions' recordkeeping and reporting requirements in § 63.10(f) shall maintain the information, if any, specified by the Administrator as a condition of the waiver of recordkeeping or reporting requirements. (10) For pressure relief devices in organic HAP service, keep records of the information specified in paragraphs (d)(10)(i) through (v) of this section, as applicable. (i) A list of identification numbers for pressure relief devices that the owner or operator elects to equip with a closed-vent system and control device, subject to the provisions in § 63.1434(c)(4). (ii) A list of identification numbers for pressure relief devices subject to the provisions in § 63.1434(c)(1). (iii) A list of identification numbers for pressure relief devices equipped with rupture disks, subject to the provisions in § 63.1434(c)(2)(ii). (iv) The dates and results of the Method 21 of appendix A of part 60 to this chapter, monitoring following a pressure release for each pressure relief device subject to the provisions in § 63.1434(c)(1) and (2). The results shall include: (A) The background level measured during each compliance test. (B) The maximum instrument reading measured at each piece of equipment during each compliance test. (v) For pressure relief devices in organic HAP service subject to § 63.1434(c)(3), keep records of each pressure release to the atmosphere, including the following information: (A) The source, nature, and cause of the pressure release. (B) The start date, start time, and duration in minutes of the pressure release. (C) The quantity of total HAP emitted during the pressure release and the calculations used for determining this quantity. (D) The actions taken to prevent this pressure release. (E) The measures adopted to prevent future such pressure releases. (11) Beginning no later than March 18, 2029, the owner or operator shall keep records of excursions of an applicable standard. For each excursion, record the start date, start time, duration in hours, cause, a list of the affected sources or equipment, whether the excursion occurred during a period of startup, shutdown, or malfunction, an estimate of the quantity of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, actions taken to minimize emissions in accordance with § 63.1420(h)(4), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (e) Reporting and notification. (1) Violation of reporting requirements. (i) The information was not known in time for inclusion in the report specified by this subpart. (ii) The owner or operator has been diligent in obtaining the information. (iii) The owner or operator submits a report according to the provisions of paragraphs (e)(1)(iii)(A) through (C) of this section. (A) If this subpart expressly provides for supplements to the report in which the information is required, the owner or operator shall submit the information as a supplement to that report. The information shall be submitted no later than 60 days after it is obtained, unless otherwise specified in this subpart. (B) If this subpart does not expressly provide for supplements, but the owner or operator must submit a request for revision of an operating permit pursuant to the state operating permit programs in part 70 of this chapter or the Federal operating permit programs in part 71 of this chapter, due to circumstances to which the information pertains, the owner or operator shall submit the information with the request for revision to the operating permit. (C) In any case not addressed by paragraph (e)(1)(iii)(A) or (B) of this section, the owner or operator shall submit the information with the first Periodic Report, as required by this subpart, which has a submission deadline at least 60 days after the information is obtained. (2) Submittal of reports. (3) Initial Notification. (i) The Initial Notification shall include the following information: (A) The name and address of the owner or operator; (B) The address (physical location) of the affected source; (C) An identification of the kinds of emission points within the affected source; (D) An identification of the relevant standard, or other requirement, that is the basis of the notification and the source's compliance date; and (E) A statement of whether or not the affected source is a major source. (ii) The Initial Notification shall be submitted according to the schedule in paragraph (e)(3)(ii)(A), (B), or (C) of this section, as applicable. (A) [Reserved] (B) For a new source that has an initial start-up on or after August 30, 1999, the application for approval of construction or reconstruction required by the General Provisions in § 63.5(d) shall be submitted in lieu of the Initial Notification. The application shall be submitted as soon as practical before construction or reconstruction is planned to commence (but it need not be sooner than August 30, 1999). For a new source that reclassifies to major source status after January 19, 2021, and greater than 90 days after the initial start-up, the source shall submit the initial notification required by 63.9(b) no later than 120 days after the source becomes subject to this subpart. (C) For a new source that has an initial start-up prior to August 30, 1999, the Initial Notification shall be submitted no later than August 30, 1999, or no later than 120 days after the source becomes subject to this subpart, whichever is later. The application for approval of construction or reconstruction described in the General Provisions' requirements in § 63.5(d) is not required for these sources. (4) Precompliance Report. (i) The Precompliance Report shall be submitted to the Administrator no later than 12 months prior to the compliance date. Unless the Administrator objects to a request submitted in the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. For new affected sources, the Precompliance Report shall be submitted to the Administrator with the application for approval of construction or reconstruction required in paragraph (b)(2) of this section. Supplements to the Precompliance Report may be submitted as specified in paragraph (e)(4)(vii) of this section. To submit a Precompliance Report for the first time after the compliance date to request an extension for compliance; request approval to use alternative monitoring parameters, alternative continuous monitoring and recordkeeping, or alternative controls; or request approval to establish parameter monitoring levels according to the procedures contained in § 63.1438(c) or (d), the owner or operator shall notify the Administrator at least 90 days before the planned change is to be implemented; the change shall be considered approved if the Administrator either approves the change in writing, or fails to disapprove the change in writing within 45 days of receipt. (ii) A request for an extension for compliance, as specified in § 63.1422(e), may be submitted in the Precompliance Report. The request for a compliance extension shall include the data outlined in the General Provisions' compliance requirements in § 63.6(i)(6)(i)(A) and (B), as required in § 63.1422(e)(1). (iii) The alternative monitoring parameter information required in paragraph (f) of this section shall be submitted in the Precompliance Report if, for any emission point, the owner or operator of an affected source seeks to comply through the use of a control technique other than those for which monitoring parameters are specified in this subpart or in 40 CFR part 63, subpart G, or seeks to comply by monitoring a different parameter than those specified in this subpart or in 40 CFR part 63, subpart G. (iv) If the affected source seeks to comply using alternative continuous monitoring and recordkeeping as specified in paragraph (g) of this section, the owner or operator shall submit a request for approval in the Precompliance Report. (v) The owner or operator shall report the intent to use an alternative emission standard to comply with the provisions of this subpart in the Precompliance Report. The Administrator may deem an alternative emission standard to be equivalent to the standard required by the subpart, under the procedures outlined in the General Provisions' requirements for use of an alternative nonopacity emission standard, in § 63.6(g). (vi) [Reserved] (vii) Supplements to the Precompliance Report may be submitted as specified in paragraph (e)(4)(vii)(A) of this section, or as specified in paragraph (e)(4)(vii)(B) of this section. Unless the Administrator objects to a request submitted in a supplement to the Precompliance Report within 45 days after its receipt, the request shall be deemed approved. (A) Supplements to the Precompliance Report may be submitted to clarify or modify information previously submitted. (B) Supplements to the Precompliance Report may be submitted to request approval to use alternative monitoring parameters, as specified in paragraph (e)(4)(iii) of this section; to use alternative continuous monitoring and recordkeeping, as specified in paragraph (e)(4)(iv) of this section; or to use alternative controls, as specified in paragraph (e)(4)(v) of this section. (viii) If an owner or operator establishes parameter monitoring levels according to the procedures contained in the parameter monitoring provisions in § 63.1438(c) or (d), the following information shall be submitted in the Precompliance Report: (A) Identification of which procedures ( i.e., (B) A description of how the parameter monitoring level is to be established. If the procedures in § 63.1438(c) are to be used, a description of how performance test data will be used shall be included. (5) Notification of Compliance Status. (i) The results of any emission point group determinations, process section applicability determinations, performance tests, inspections, continuous monitoring system performance evaluations, any other information required by the test method to be in the test report used to demonstrate compliance, values of monitored parameters established during performance tests, and any other information required to be included in a Notification of Compliance Status under the requirements for overlapping regulations in § 63.1422(j), the HON storage vessel reporting provisions in § 63.122 and the storage vessel provisions in § 63.1432, the HON transfer rack reporting provisions in §§ 63.129 and 63.130, and the HON process wastewater reporting provisions in § 63.146. In addition, the owner or operator shall comply with paragraphs (e)(5)(i)(A) and (B) of this section. (A) For performance tests, group determinations, or determination that controls are needed, the Notification of Compliance Status shall include one complete test report, except as specified in paragraph (e)(5)(i)(B) of this section, for each test method used for a particular kind of emission point. For additional tests performed for the same kind of emission point using the same method, the results and any other information required by the test method to be in the test report shall be submitted, but a complete test report is not required. (B) If the performance test results have been submitted electronically through the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) in accordance with paragraph (e)(9) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Notification of Compliance Status report in lieu of the performance test results. The performance test results shall be submitted to CEDRI by the date the Notification of Compliance Status report is submitted. A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards (if the owner or operator prepares the standards), record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method to be in the test report. (ii) For each monitored parameter for which a maximum or minimum level is required to be established under the HON process vent monitoring requirements in § 63.114(e) and the process vent monitoring requirements in § 63.1429(d), the HON process wastewater parameter monitoring requirements in § 63.143(f), the HON transfer rack parameter monitoring requirements in § 63.127(e), paragraph (e)(8) of this section, or paragraph (f) of this section, the information specified in paragraphs (e)(5)(ii)(A) through (C) of this section shall be submitted. Further, as described in the storage vessel provisions in § 63.1432(k), for those storage vessels for which the parameter monitoring plan (required to be submitted under the HON Notification of Compliance Status requirements for storage vessels in § 63.120(d)(3)) specifies compliance with the parameter monitoring provisions of § 63.1438, the owner or operator shall provide the information specified in paragraphs (e)(5)(ii)(A) through (C) of this section for each monitoring parameter. For those storage vessels for which the parameter monitoring plan required to be submitted under the HON Notification of Compliance Status requirements for storage vessels in § 63.120(d)(2) does not require compliance with the provisions of § 63.1438, the owner or operator shall provide the information specified in § 63.120(d)(3) as part of the Notification of Compliance Status. (A) The required information shall include the specific maximum or minimum level of the monitored parameter(s) for each emission point. (B) The required information shall include the rationale for the specific maximum or minimum level for each parameter for each emission point, including any data and calculations used to develop the level and a description of why the level indicates that the combustion, recovery, or recapture device is operated in a manner to ensure compliance with the provisions of this subpart. (C) The required information shall include a definition of the affected source's operating day, as specified in paragraph (d)(3)(ii) of this section, for purposes of determining daily average values of monitored parameters. (iii) The determination of applicability for flexible operation units as specified in § 63.1420(e)(1)(iii). (iv) The parameter monitoring levels for flexible operation units, and the basis on which these levels were selected, or a demonstration that these levels are appropriate at all times, as specified in § 63.1420(e)(5)(ii)(A). (v) The results for each predominant use determination made under § 63.1420(f)(1) through (7), for storage vessels assigned to an affected source subject to this subpart. (vi) If any emission point is subject to this subpart and to other standards as specified in § 63.1422(j), and if the provisions of § 63.1422(j) allow the owner or operator to choose which testing, monitoring, reporting, and recordkeeping provisions will be followed, then the Notification of Compliance Status shall indicate which rule's requirements will be followed for testing, monitoring, reporting, and recordkeeping. (vii) An owner or operator who transfers a Group 1 wastewater stream or residual removed from a Group 1 wastewater stream for treatment pursuant to § 63.132(g) shall include in the Notification of Compliance Status the name and location of the transferee and a description of the Group 1 wastewater stream or residual sent to the treatment facility. An owner or operator who transfers a Group 1 process vent for disposal pursuant to § 63.113(i) shall include in the Notification of Compliance Status the name and location of the transferee, and the identification of the Group 1 process vent. (viii) For pressure relief devices in organic HAP service, a description of the device or monitoring system to be implemented, including the pressure relief devices and process parameters to be monitored (if applicable), a description of the alarms or other methods by which operators will be notified of a pressure release, and a description of how the owner or operator will determine the information to be recorded under paragraphs (d)(10)(v)(B) and (C) of this section ( i.e., (ix) For flares subject to the requirements in § 63.1436, the supplement to the Notification of Compliance Status shall include flare management plans, flare design ( e.g., (x) For process vents subject to the requirements of § 63.1426(g), storage vessels subject to the requirements of § 63.1432(s), wastewater subject to the requirements of § 63.1433(a)(23), and heat exchange systems subject to the requirements of § 63.1435(i), the supplement to the Notification of Compliance Status shall identify all process vents, storage vessels, wastewater streams, and heat exchange systems that are in ethylene oxide service, identify the method(s) used to control ethylene oxide emissions from each process vent, storage vessel, and wastewater stream ( i.e., (A) For process vents, all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations used to determine the total uncontrolled ethylene oxide mass emissions rate for the sum of all vent gas streams. (B) For storage vessels, include the concentration of ethylene oxide of the fluid stored in each storage vessel. (C) For wastewater, include the concentration of ethylene oxide of each wastewater stream. If you comply with § 63.1433(a)(23)(iii)(D), identify each individual wastewater stream, the combined ethylene oxide load prior to treatment, and how the combined ethylene oxide load was determined. (D) For heat exchange systems, include the concentration of ethylene oxide of the process fluid cooled by the heat exchange system. (xi) For adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, the supplement to the Notification of Compliance Status shall include the information listed in paragraphs (e)(5)(xi)(A) and (B) of this section. (A) Whether the adsorber cannot be regenerated or is a regenerative adsorber(s) that is regenerated offsite. (B) The breakthrough limit and adsorber bed life established during the initial performance test or design evaluation of the adsorber. (6) Periodic Reports. https://www.epa.gov/electronic-reporting-air-emissions/cedri (i) Except as specified in paragraphs (e)(6)(viii) of this section, a report containing the information in paragraph (e)(6)(ii) of this section or paragraphs (e)(6)(iii) through (vii) of this section, as appropriate, shall be submitted semiannually no later than 60 days after the end of each 180-day period. The first report shall be submitted no later than 240 days after the date the Notification of Compliance Status is due and shall cover the 6-month period beginning on the date the Notification of Compliance Status is due. Subsequent reports shall cover each preceding 6-month period. All periodic reports shall contain the company name and address (including county), as well as the beginning and ending dates of the reporting period. (ii) If none of the compliance exceptions in paragraphs (e)(6)(iii) through (vii) of this section occurred during the 6-month period, the Periodic Report required by paragraph (e)(6)(i) of this section shall be a statement that there were no compliance exceptions, as described in this paragraph, for the 6-month period covered by that report and that none of the activities specified in paragraphs (e)(6)(iii) through (vii) of this section occurred during the period covered by that report. (iii) For an owner or operator of an affected source complying with the provisions of §§ 63.1432, 63.1433, and 63.1434(i) for any emission point, Periodic Reports shall include: (A) All information specified in the HON periodic reporting requirements in § 63.122(a)(4) for storage vessels and in § 63.146(c) through (f) for process wastewater. In addition, if you comply with § 63.1433(a)(23)(iii)(D) and annual sampling shows that the combined ethylene oxide load of the excluded wastewater streams prior to treatment is 1.0 megagram per year or greater, you must document this in the Periodic Report and also include the actual combined ethylene oxide load prior to treatment, how the combined load was determined, and sampling dates and results for each wastewater stream contributing to the combined load. Beginning no later than the compliance dates specified in § 63.1422(h), include all information specified in § 63.130(d) for transfer racks. Beginning no later than the compliance dates specified in § 63.1422(h), for storage vessels in ethylene oxide service subject to the requirements of § 63.124, the Periodic Report must include the information specified in § 63.123(k)(2). Indicate the start date, start time, and duration in hours for each period. (B) The daily average values or, for parameters used to comply with § 63.1425(g) or 63.1432(s)(3), the 1-hour block average values of monitored parameters for all excursions, as defined in § 63.1438(f). Beginning no later than the compliance dates specified in § 63.1422(h), for each excursion, report the start date, start time, duration in hours, cause, a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, actions taken to minimize emissions, and any corrective action taken to return the affected unit to its normal or usual manner of operation. (C) The periods when monitoring data were not collected shall be specified and, beginning no later than the compliance dates specified in § 63.1422(h), including start date, start time, and duration in hours; and (D) The information in paragraphs (e)(6)(iii)(D)( 1 3 ( 1 ( 2 2 i ii ( i ( ii ( 3 (E) Before March 18, 2029, the information in paragraph (b)(1)(ii) of this section for reports of malfunctions. (iv) If any performance tests are reported in a Periodic Report, the following information shall be included: (A) One complete test report shall be submitted for each test method used for a particular kind of emission point tested. A complete test report shall contain the information specified in paragraph (e)(5)(i)(B) of this section. (B) For additional tests performed for the same kind of emission point using the same method, results and any other information required by the test method to be in the test report shall be submitted, but a complete test report is not required. (C) If the performance test results have been submitted electronically through CEDRI in accordance with paragraph (e)(9) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted must be submitted in the Period Report in lieu of the information required in paragraphs (e)(6)(iv)(A) and (B) of this section. The performance test results must be submitted to CEDRI by the date the Periodic Report is submitted. (v) The results for each change made to a primary product determination for a PMPU made under § 63.1420(e)(3) or (10). (vi) The results for each reevaluation of the applicability of this subpart to a storage vessel that begins receiving material from (or sending material to) a process unit that was not included in the initial determination, or a storage vessel that ceases to receive material from (or send material to) a process unit that was included in the initial determination, in accordance with § 63.1420(f)(8). (vii) The Periodic Report required by the equipment leak provisions in § 63.1434(f) shall be submitted as part of the Periodic Report required by paragraph (e)(6) of this section. Additionally, for equipment in ethylene oxide service, you must include the information in paragraphs (e)(6)(vii)(A) through (E) of this section in the Periodic Report. If there are more than five pieces of equipment in ethylene oxide service on delay of repair during the reporting period, include the total number of pieces of equipment in ethylene oxide service in the Periodic Report. (A) Identification of each piece of equipment that is on delay of repair during the reporting period. (B) The date that delay of repair began for each piece of equipment. (C) An indication of whether the equipment has been successfully repaired, and if so, the date of successful repair (remonitoring date). (D) An indication of whether the equipment has been isolated from the process such that it is no longer in ethylene oxide service, and if so, the date that the equipment was successfully isolated from the process. (E) An indication of whether any monthly monitoring event resulted in an instrument reading of 1,000 parts per million or greater, and if so, the date of the monitoring event. (viii) The owner or operator of an affected source shall submit quarterly reports for particular emission points and process sections as specified in paragraphs (e)(6)(viii)(A) through (D) of this section. (A) The owner or operator of an affected source shall submit quarterly reports for a period of 1 year for an emission point or process section if the emission point or process section meets the conditions in paragraph (e)(6)(viii)(A)( 1 2 ( 1 ( 2 (B) The quarterly reports shall include all information specified in paragraphs (e)(6)(iii) through (vii) of this section, as applicable to the emission point or process section for which quarterly reporting is required under paragraph (e)(6)(viii)(A) of this section. Information applicable to other emission points within the affected source shall be submitted in the semiannual reports required under paragraph (e)(6)(i) of this section. (C) Quarterly reports shall be submitted no later than 60 days after the end of each quarter. (D) After quarterly reports have been submitted for an emission point for 1 year without one or more excursions occurring (during that year), the owner or operator may return to semiannual reporting for the emission point or process section. (ix) For pressure relief devices in organic HAP service, Periodic Reports must include the information specified in paragraphs (e)(6)(ix)(A) through (C) of this section. (A) For pressure relief devices in organic HAP service subject to § 63.1434(c), report confirmation that all monitoring to show compliance was conducted within the reporting period. (B) For pressure relief devices in organic HAP gas or vapor service subject to § 63.1434(c)(2), report any instrument reading of 500 ppm above background or greater, more than 5 calendar days after the pressure release. (C) For pressure relief devices in organic HAP service subject to § 63.1434(c)(3), report each pressure release to the atmosphere, including the following information: ( 1 ( 2 ( 3 ( 4 ( 5 (x) The information specified in § 63.108(l)(2) according to § 63.1436(b). (7) Other reports. (i) For storage vessels, the notifications of inspections required by § 63.1432 shall be submitted, as specified in the HON storage vessel provisions in § 63.122(h)(1) and (2). (ii) When the conditions at § 63.1420(e)(3)(iii), (e)(9), or (e)(10) are met, reports of changes to the primary product for a PMPU or process unit, as required by § 63.1420(e)(3)(iii), (e)(9), or (e)(10)(iii), respectively, shall be submitted. (iii) Owners or operators of PMPU or emission points (other than equipment leak components subject to § 63.1434) that are subject to provisions for changes or additions to plant sites in § 63.1420(g)(1) or (2) shall submit a report as specified in paragraphs (e)(7)(iii)(A) and (B) of this section. (A) Reports shall include: ( 1 ( 2 ( 3 3 i iii ( i ( ii ( iii ( 4 (B) Reports shall be submitted as specified in paragraphs (e)(7)(iii)(B)( 1 3 ( 1 ( 2 ( 3 (8) Operating permit application. (9) Electronic reporting of performance tests and performance evaluations. (i) Within 60 days after the date of completing each performance test (as defined in § 63.2), the owner or operator must submit the results of the performance tests, including any associated fuel analyses, required by this subpart following the procedure specified in § 63.9(k). Submit the data in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (ii) Beginning no later than May 18, 2026, within 60 days after the date of completing each continuous emissions monitoring system performance evaluation that includes a relative accuracy test audit, you must submit the results of the performance evaluation following the procedure specified in § 63.9(k). The results must be in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (f) Alternative monitoring parameters. (1) The required information shall include a description of the parameter(s) to be monitored to ensure the combustion, recovery, or recapture device; control technique; or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s). (2) The required information shall include a description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation, the schedule for this demonstration, and a statement that the owner or operator will establish a level for the monitored parameter as part of the Notification of Compliance Status report required in paragraph (e)(5) of this section, unless this information has already been included in the operating permit application. (3) The required information shall include a description of the proposed monitoring, recordkeeping, and reporting system, to include the frequency and content of monitoring, recordkeeping, and reporting. Further, the rationale for the proposed monitoring, recordkeeping, and reporting system shall be included if either condition in paragraph (f)(3)(i) or (ii) of this section is met: (i) If monitoring and recordkeeping is not continuous; or (ii) If reports of daily average values will not be included in Periodic Reports when the monitored parameter value is above the maximum level or below the minimum level as established in the operating permit or the Notification of Compliance Status. (g) Alternative continuous monitoring and recordkeeping. (1) The provisions in the General Provisions requirements for the use of an alternative monitoring method in § 63.8(f)(5)(i) shall govern the review and approval of requests. (2) An owner or operator of an affected source that does not have an automated monitoring and recording system capable of measuring parameter values at least once during approximately equal 15-minute intervals and that does not generate continuous records may request approval to use a nonautomated system with less frequent monitoring, in accordance with paragraphs (g)(2)(i) and (ii) of this section. (i) The requested system shall include visual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily averages shall be calculated from these hourly values and recorded. (ii) The request shall contain: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the affected source does not have an automated monitoring and recording system; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration that the proposed monitoring frequency is sufficient to represent combustion, recovery, or recapture device operating conditions, considering typical variability of the specific process and combustion, recovery, or recapture device operating parameter being monitored. (3) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency (for example, once at approximately equal intervals of about 15 minutes), but that records all values that meet set criteria for variation from previously recorded values, in accordance with paragraphs (g)(3)(i) and (ii) of this section. (i) The requested system shall be designed to: (A) Measure the operating parameter value at least once during approximately equal 15-minute intervals; (B) Record at least four values each hour during periods of operation; (C) Record the date and time when monitors are turned off or on; (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident; (E) Calculate daily average values of the monitored operating parameter based on all measured data; and (F) If the daily average is not an excursion, as defined in § 63.1438(f), the data for that operating day may be converted to hourly average values and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain: (A) A description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained; (B) The method for calculating daily averages; and (C) A demonstration that the system meets all criteria in paragraph (g)(3)(i) of this section. (4) An owner or operator may request approval to use other alternative monitoring systems according to the procedures specified in the General Provisions' requirements for using an alternative monitoring method in § 63.8(f)(4). (h) Reduced recordkeeping program. (1) The owner or operator may retain only the daily average value, and is not required to retain more frequent monitored operating parameter values, for a monitored parameter with respect to an item of equipment, if the requirements of paragraphs (h)(1)(i) through (iv) of this section are met. An owner or operator electing to comply with the requirements of paragraph (h)(1) of this section shall notify the Administrator in the Notification of Compliance Status or, if the Notification of Compliance Status has already been submitted, in the Periodic Report immediately preceding implementation of the requirements of paragraph (h)(1) of this section. (i) The monitoring system is capable of detecting unrealistic or impossible data during periods of operation ( e.g., (ii) The monitoring system generates, updated at least hourly throughout each operating day, a running average of the monitoring values that have been obtained during that operating day, and the capability to observe this running average is readily available to the Administrator on-site during the operating day. The owner or operator shall record the occurrence of any period meeting the criteria in paragraphs (h)(1)(ii)(A) and (B) of this section. All instances in an operating day constitute a single occurrence. (A) The running average is above the maximum or below the minimum established limits; and (B) The running average is based on at least six 1-hour average values. (iii) The monitoring system is capable of detecting unchanging data during periods of operation, except in circumstances where the presence of unchanging data are the expected operating condition based on past experience ( e.g., (iv) The monitoring system will alert the owner or operator by an alarm or other means, if the running average parameter value calculated under paragraph (h)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (h)(1) of this section, at the times specified in paragraphs (h)(1)(v)(A) through (C) of this section. The owner or operator shall document that the required verifications occurred. (A) Upon initial installation. (B) Annually after initial installation. (C) After any change to the programming or equipment constituting the monitoring system, which might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the records identified in paragraphs (h)(1)(vi)(A) through (D) of this section. (A) Identification of each parameter, for each item of equipment, for which the owner or operator has elected to comply with the requirements of paragraph (h) of this section. (B) A description of the applicable monitoring system(s), and how compliance will be achieved with each requirement of paragraphs (h)(1)(i) through (v) of this section. The description shall identify the location and format ( e.g., (C) A description, and the date, of any change to the monitoring system that would reasonably be expected to affect its ability to comply with the requirements of paragraph (h)(1) of this section. (D) The owner or operator subject to paragraph (h)(1)(vi)(B) of this section shall retain the current description of the monitoring system as long as the description is current. The current description shall, at all times, be retained on-site or be accessible from a central location by computer or other means that provides access within 2 hours after a request. The owner or operator shall retain all superseded descriptions for at least 5 years after the date of their creation. Superseded descriptions shall be retained on-site (or accessible from a central location by computer or other means that provides access within 2 hours after a request) for at least 6 months after their creation. Thereafter, superseded descriptions may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (h)(1) of this section for a monitored parameter with respect to an item of equipment and a period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator is no longer required to record the daily average value, for any operating day when the daily average is less than the maximum, or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months, if the parameter limit and the monitoring accomplished during the period prior to the compliance date was required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next Periodic Report. The notification shall identify the parameter and unit of equipment. (ii) If, on any operating day after the owner or operator has ceased recording daily average values as provided in paragraph (h)(2) of this section, there is an excursion as defined in paragraph (h)(2)(iv) of this section, the owner or operator shall immediately resume retaining the daily average value for each operating day and shall notify the Administrator in the next Periodic Report. The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion as defined in paragraph (h)(2)(iv) of this section. (iii) The owner or operator shall retain the records specified in paragraph (h)(1) of this section, for the duration specified in paragraph (h) of this section. For any calendar week, if compliance with paragraphs (h)(1)(i) through (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation. (iv) For the purposes of paragraph (h) of this section, an excursion means that the daily average of monitoring data for a parameter is greater than the maximum, or less than the minimum established value. [91 FR 13177, Mar. 18, 2026] Table 1 to Subpart PPP of Part 63—Applicability of General Provisions to Subpart PPP Affected Sources Reference Applies to subpart PPP Explanation § 63.1(a)(1) Yes § 63.1423 specifies definitions in addition to or that supersede definitions in § 63.2. § 63.1(a)(2) Yes § 63.1(a)(3) Yes § 63.1422(f) through (k) of this subpart and § 63.160(b) identify those standards which overlap with the requirements of subparts PPP and H and specify how compliance shall be achieved. § 63.1(a)(4) Yes Subpart PPP (this table) specifies the applicability of each paragraph in subpart A to subpart PPP. § 63.1(a)(5) No Reserved. § 63.1(a)(6) Yes § 63.1(a)(7)-(9) No Reserved. § 63.1(a)(10) Yes § 63.1(a)(11) Yes § 63.1(a)(12)-(14) Yes § 63.1(b)(1) No § 63.1420(a) contains specific applicability criteria. § 63.1(b)(2) Yes § 63.1(b)(3) Yes § 63.1(c)(1) Yes Subpart PPP (this table) specifies the applicability of each paragraph in subpart A to subpart PPP. § 63.1(c)(2) No Area sources are not subject to subpart PPP. § 63.1(c)(3) No Reserved. § 63.1(c)(4) No Reserved. § 63.1(c)(5) Yes Except that affected sources are not required to submit notifications overridden by this table. § 63.1(c)(6) Yes § 63.1(d) No Reserved. § 63.1(e) Yes § 63.2 Yes § 63.1423 specifies those subpart A definitions that apply to subpart PPP. § 63.3 Yes § 63.4(a)(1)-(3) Yes § 63.4(a)(4) No Reserved. § 63.4(a)(5) Yes § 63.4(b) Yes § 63.4(c) Yes § 63.5(a)(1) Yes Except the terms “source” and “stationary source” should be interpreted as having the same meaning as “affected source.” § 63.5(a)(2) Yes § 63.5(b)(1) Yes Except § 63.1420(g) defines when construction or reconstruction is subject to new source standards. § 63.5(b)(2) No Reserved. § 63.5(b)(3) Yes § 63.5(b)(4) Yes Except that the initial notification requirements in § 63.1439(e)(3) shall apply instead of the requirements in § 63.9(b). § 63.5(b)(5) Yes § 63.5(b)(6) Yes Except that § 63.1420(g) defines when construction or reconstruction is subject to the new source standards. § 63.5(c) No Reserved. § 63.5(d)(1)(i) Yes § 63.5(d)(1)(ii) Yes Except that § 63.5(d)(1)(ii)(H) does not apply. § 63.5(d)(1)(iii) No § 63.1439(e)(5) and § 63.1434(e) specify notification of compliance status requirements. § 63.5(d)(2) No § 63.5(d)(3) Yes Except § 63.5(d)(3)(ii) does not apply, and equipment leaks subject to § 63.1434 are exempt. § 63.5(d)(4) Yes § 63.5(e) Yes § 63.5(f)(1) Yes § 63.5(f)(2) Yes Except that where § 63.9(b)(2) is referred to, the owner or operator need not comply. § 63.6(a) Yes § 63.6(b)(1) Yes § 63.6(b)(2) Yes § 63.6(b)(3) Yes § 63.6(b)(4) Yes § 63.6(b)(5) Yes § 63.6(b)(6) No Reserved. § 63.6(b)(7) No § 63.6(c)(1) Yes § 63.1422 specifies the compliance date. § 63.6(c)(2) No § 63.6(c)(3) No Reserved. § 63.6(c)(4) No Reserved. § 63.6(c)(5) Yes § 63.6(d) No Reserved. § 63.6(e)(1)(i) No See § 63.1420(h)(4) for general duty requirement. § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No Reserved. § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2) Yes Except § 63.7(c), as referred to in § 63.6(f)(2)(iii)(D) does not apply, and except that § 63.6(f)(2)(ii) does not apply to equipment leaks subject to § 63.1434. § 63.6(f)(3) Yes § 63.6(g) Yes § 63.6(h) No Subpart PPP does not require opacity and visible emission standards. § 63.6(i)(1) Yes § 63.6(i)(2) Yes § 63.6(i)(3) Yes § 63.6(i)(4)(i)(A) Yes § 63.6(i)(4)(i)(B) No Dates are specified in § 63.1422(e) and § 63.1439(e)(4)(i) for all emission points except equipment leaks, which are covered under § 63.182(a)(6)(i). § 63.6(i)(4)(ii) No § 63.6(i)(5)-(14) Yes § 63.6(i)(15) No Reserved. § 63.6(i)(16) Yes § 63.6(j) Yes § 63.7(a)(1) Yes § 63.7(a)(2) No § 63.1439(e) (5) and (6) specify the submittal dates of performance test results for all emission points except equipment leaks; for equipment leaks, compliance demonstration results are reported in the Periodic Reports. § 63.7(a)(3) Yes § 63.7(a)(4) Yes § 63.7(b) No § 63.1437(a)(4) specifies notification requirements. § 63.7(c) No Except if the owner or operator chooses to submit an alternative nonopacity emission standard for approval under § 63.6(g). § 63.7(d) Yes § 63.7(e)(1) No See § 63.1437(a). § 63.7(e)(2) Yes § 63.7(e)(3) No Subpart PPP specifies requirements. See § 63.1426(c) and (g). § 63.7(e)(4) Yes § 63.7(f) Yes Since a site-specific test plan is not required, the notification deadline in § 63.7(f)(2)(i) shall be 60 days prior to the performance test, and in § 63.7(f)(3) approval or disapproval of the alternative test method shall not be tied to the site-specific test plan. § 63.7(g) Yes Except the notification of compliance status report requirements in § 63.1439(e)(5) shall apply instead of those in §§ 63.9(h) and 63.1439(e)(9) specified how and when to submit performance test and performance evaluation results. In addition, equipment leaks subject to § 63.1434 are not required to conduct performance tests. § 63.7(h) Yes Except § 63.7(h)(4)(ii) is not applicable, since the site-specific test plans in § 63.7(c)(2) are not required. § 63.8(a)(1) Yes § 63.8(a)(2) No § 63.8(a)(3) No Reserved. § 63.8(a)(4) Yes Except for flares subject to § 63.1436. § 63.8(b)(1) Yes § 63.8(b)(2) No Subpart PPP specifies locations to conduct monitoring. § 63.8(b)(3) Yes § 63.8(c)(1) Yes § 63.8(c)(1)(i) No See § 63.1420(h)(4) for general duty requirement. § 63.8(c)(1)(ii) No § 63.8(c)(1)(iii) No § 63.8(c)(2) Yes § 63.8(c)(3) Yes § 63.8(c)(4) No § 63.1438 specifies monitoring requirements; not applicable to equipment leaks, because § 63.1434 does not require continuous monitoring systems. § 63.8(c)(5)-(8) No § 63.8(d) No § 63.8(e) Yes Yes, but only applies for CEMS, except this subpart specifies how and when the performance evaluation results are reported. § 63.8(f)(1)-(3) Yes § 63.8(f)(4)(i) Yes Except the timeframe for submitting request is specified in § 63.1439(f) or (g); not applicable to equipment leaks, because § 63.1434 (through subpart H of this part) specifies acceptable alternative methods. § 63.8(f)(4)(ii) Yes § 63.8(f)(4)(iii) Yes § 63.8(f)(5)(i) Yes § 63.8(f)(5)(ii) No § 63.8(f)(5)(iii) Yes § 63.8(f)(6) Yes Subpart PPP does not require CEMS except it allows the option to use CEMS for process vents and storage vessels in ethylene oxide service. § 63.8(g) Yes Applies only to CEMS. Other data reduction procedures specified in § 63.1439(d) and (h); not applicable to equipment leaks. § 63.9(a) Yes § 63.9(b) No The initial notification requirements are specified in § 63.1439(e)(3). § 63.9(c) Yes § 63.9(d) Yes § 63.9(e) No § 63.1437(a)(4) specifies notification deadline. § 63.9(f) No Subpart PPP does not require opacity and visible emission standards. § 63.9(g) No § 63.9(h) No § 63.1439(e)(5) specifies notification of compliance status requirements. § 63.9(i) Yes § 63.9(j) Yes For change in major source status only. § 63.9(k) Yes § 63.10(a) Yes § 63.10(b)(1) No § 63.1439(a) specifies record retention requirements. § 63.10(b)(2) No This subpart specifies recordkeeping requirements including in §§ 63.1430(a) and 63.1439(b). § 63.10(b)(3) Yes § 63.10(c) No § 63.1439 specifies recordkeeping requirements. § 63.10(d)(1) Yes § 63.10(d)(2) No § 63.1439(e)(9) specifies performance test reporting requirements; not applicable to equipment leaks. § 63.10(d)(3) No Subpart PPP does not require opacity and visible emission standards. § 63.10(d)(4) Yes § 63.10(d)(5) No This subpart specifies reporting requirements in § 63.1439. § 63.10(e) No § 63.1439 specifies reporting requirements. § 63.10(f) Yes § 63.11 Yes Except § 63.11(b) does not apply as specified in § 63.1436. § 63.12 Yes Except that the authority of § 63.177 (for equipment leaks) will not be delegated to states. § 63.13-63.15 Yes [91 FR 13185, Mar. 18, 2026] Table 2 to Subpart PPP of Part 63—Applicability of HON and Group 1 Polymers and Resins Provisions to Subpart PPP Affected Sources Reference Applies to subpart PPP Explanation Applicable section of subpart PPP Subpart F: § 63.100 No § 63.101 Yes Several definitions from § 63.101 are referenced at § 63.1423 § 63.1423 §§ 63.102—63.103 No § 63.104 Yes With the differences noted in § 63.1435(b) through (i) § 63.1435. § 63.105 Yes With the differences noted in § 63.1433(b) § 63.1433. § 63.106 No Subpart G: § 63.107 No § 63.108 Yes With the differences noted in § 63.1436(b) § 63.109 Yes With the differences noted in the definition of “in ethylene oxide service” in § 63.1423(b) § 63.110 No § 63.111 No § 63.112 No §§ 63.113-63.118 Yes For THF facilities, with the differences noted in § 63.1425(f)(1) through (15) § 63.1425. No For epoxide facilities, except that § 63.115(d) is used for TRE determinations § 63.1428. §§ 63.119-63.123 Yes With the differences noted in § 63.1432(b) through 63.1432(w) § 63.1432. § 63.124 Yes With the differences noted in §§ 63.1426(g) and 63.1432(w) §§ 63.1426 and 63.1432. § 63.125 No Reserved §§ 63.126-63.130 Yes With the differences noted in paragraphs § 63.1434(i)(1) through (13) § 63.1434. § 63.131 No Reserved §§ 63.132-63.147 Yes With the differences noted in § 63.1433(a)(1) through (26) § 63.1433. §§ 63.148-63.149 Yes With the differences noted in §§ 63.1432(b) through (v) and 63.1433(a)(1) through (26) §§ 63.1432 and 63.1433. § 63.150 No §§ 63.151-63.152 No § 63.153 No § 63.1421 Subpart H: §§ 63.160-63.182 Yes Subpart PPP affected sources shall comply with all requirements of subpart H to this part, with the differences noted in §§ 63.1422(d) and 63.1434 § 63.1434. § 63.183 No § 63.1421 § 63.184 No Subpart U: §§ 63.480-63.487 No § 63.488 Yes Portions of § 63.488(b) and (e) are cross-referenced in subpart PPP §§ 63.489-63.506 No [91 FR 13185, Mar. 18, 2026] Table 3 to Subpart PPP of Part 63—Group 1 Storage Vessels at Existing and New Affected Sources Vessel capacity Vapor pressure a 75 ≤ capacity <151 b b 38 ≤ capacity <151 c c capacity ≥151 ≥5.2 a b c [91 FR 13185, Mar. 18, 2026] Table 4 to Subpart PPP of Part 63—Known Organic HAP From Polyether Polyol Products Organic HAP/chemical name 1,3 Butadiene (106990) Butylene Oxide (106887) Epichlorohydrin (106898) Ethylene Oxide (75218) n-Hexane (110543) Methanol (67561) Propylene Oxide (75569) Toluene (108883) CAS No. = Chemical Abstracts Service Registry Number. [65 FR 26505, May 8, 2000; 91 FR 13189, Mar. 18, 2026] Table 5 to Subpart PPP of Part 63—Process Vents From Batch Unit Operations—Monitoring, Recordkeeping, and Reporting Requirements Control technique Parameter to be monitored Recordkeeping and reporting requirements for monitored parameters Thermal Incinerator, other than a thermal oxidizer used to comply with § 63.1425(g) Firebox temperature a 1. Continuous records as specified in § 63.1429. b c d e Thermal oxidizer used to comply with § 63.1425(g) Combustion chamber temperature [§§ 63.124(b)(5)(i) and 63.1426(g)] 1. Continuous records. b c d e Flue gas flow rate [§§ 63.124(b)(5)(ii) and 63.1426(g)] 1. Continuous records. b c d e Catalytic Incinerator Temperature upstream and downstream of the catalyst bed 1. Continuous records as specified in § 63.1429. b c d e d e e Boiler or Process Heater with a design heat input capacity less than 44 megawatts and where the process vents are not Firebox temperature a 1. Continuous records as specified in § 63.1429. b c d d e Flare (if meeting the requirements of § 63.1426(a)(1)) Presence of a flame at the pilot light 1. Hourly records of whether the monitor was continuously operating during batch emission episodes selected for control and whether a flame was continuously present at the pilot light during each hour. c d Flare (if meeting the requirements of § 63.1426(a)(2)) The parameters are specified in §§ 63.108 and 63.1436 1. Records as specified in §§ 63.108(m) and 63.1436. d Absorber f Liquid flow rate into or out of the scrubber, or the pressure drop across the scrubber 1. Records every 15 minutes, as specified in § 63.1429. b d e pH of the scrubber 1. Once daily records as specified in § 63.1429. b c d e Condenser f Exit (product side) temperature 1. Continuous records as specified in § 63.1429. b d e Carbon Adsorber f Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s), and 1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle. c d e Temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle(s) 1. Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s). c d e Outlet HAP or TOC concentration Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator shall record each outlet HAP or TOC concentration measured according to § 63.1429(a)(9)(i) and (ii). Adsorbent replacement Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator must record date and time the adsorbent was last replaced. Breakthrough Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator must: g Scrubber with a reactant tank used to comply with § 63.1425(g) Liquid-to-gas ratio [§§ 63.124(b)(4)(i) and 63.1426(g)] 1. Continuous records. b c d e In lieu of liquid-to-gas ratio, scrubber total liquid flow rate and gas flow rate through scrubber [§§ 63.124(b)(4)(i) and 63.1426(g)] 1. Continuous records. b c d e pH of liquid in reactant tank [§§ 63.124(b)(4)(ii) and 63.1426(g)] 1. Continuous records. b c d e Pressure drop [§§ 63.124(b)(4)(iii) and 63.1426(g)] 1. Continuous records. b c d e Temperature of scrubbing liquid entering column [§§ 63.124(b)(4)(iv) and 63.1426(g)] 1. Continuous records. b c d e Liquid feed pressure [§§ 63.124(b)(4)(v) and 63.1426(g)] 1. Continuous records. b c d e Absorber, Condenser, and Carbon Adsorber (as an alternative to the above) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device 1. Continuous records as specified in § 63.1429. b d e All Combustion, recovery, or recapture devices Diversion to the atmosphere from the combustion, recovery, or recapture device or 1. Hourly records of whether the flow indicator was operating during batch emission episodes selected for control and whether a diversion was detected at any time during the hour, as specified in § 63.1429. d d Monthly inspections of sealed valves 1. Records that monthly inspections were performed as specified in § 63.1429. d d ECO Time from the end of the epoxide feed, or the epoxide partial pressure in the reactor or direct measurement of epoxide concentration in the reactor liquid at the end of the ECO 1. Records at the end of each batch, as specified in § 63.1427(i). d e a b c d e f [64 FR 29439, June 1, 1999, as amended at 91 FR 13189, Mar. 18, 2026] Table 6 to Subpart PPP of Part 63—Process Vents From Continuous Unit Operations—Monitoring, Recordkeeping, and Reporting Requirements Control technique Parameter to be monitored Recordkeeping and reporting requirements for monitored parameters Thermal Incinerator, other than a thermal oxidizer used to comply with § 63.1425(g) Firebox temperature a 1. Continuous records as specified in § 63.1429. b c d e Thermal oxidizer used to comply with § 63.1425(g) Combustion chamber temperature [§§ 63.124(b)(5)(i) and 63.1426(g)] 1. Continuous records. b c d e Flue gas flow rate [§§ 63.124(b)(5)(ii) and 63.1426(g)] 1. Continuous records. b c d e Catalytic Incinerator Temperature upstream and downstream of the catalyst bed 1. Continuous records as specified in § 63.1429. b c d e d e e Boiler or Process Heater with a design heat input capacity less than 44 megawatts and where the process vents are not Firebox temperature a 1. Continuous records as specified in § 63.1429. b c d d e Flare (if meeting the requirements of § 63.1426(a)(1)) Presence of a flame at the pilot light 1. Hourly records of whether the monitor was continuously operating and whether a flame was continuously present at the pilot light during each hour. c d Flare (if meeting the requirements of § 63.1426(a)(2)) The parameters are specified in §§ 63.108 and 63.1436 1. Records as specified in §§ 63.108(m) and 63.1436. d Absorber f Exit temperature of the absorbing liquid, and 1. Continuous records as specified in § 63.1429. b c d e Exit specific gravity for the absorbing liquid 1. Continuous records as specified in § 63.1429. b d e Condenser f Exit (product side) temperature 1. Continuous records as specified in § 63.1429. b d e Carbon Adsorber f Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle(s), and 1. Record of total regeneration stream mass or volumetric flow for each carbon bed regeneration cycle. c d e Temperature of the carbon bed after regeneration and within 15 minutes of completing any cooling cycle(s) 1. Record the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle(s). c d e Outlet HAP or TOC concentration Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator must record each outlet HAP or TOC concentration measured according to § 63.1429(a)(9)(i) and (ii). Adsorbent replacement Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator must record date and time the adsorbent was last replaced. Breakthrough Beginning no later than the compliance dates specified in § 63.1422(h), for each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.1429(a)(9), the owner or operator must: g Scrubber with a reactant tank used to comply with § 63.1425(g) Liquid-to-gas ratio [§§ 63.124(b)(4)(i) and 63.1426(g)] 1. Continuous records. b c d e In lieu of liquid-to-gas ratio, scrubber total liquid flow rate and gas flow rate through scrubber [§§ 63.124(b)(4)(i) and 63.1426(g)] 1. Continuous records. b c d e pH of liquid in reactant tank [§§ 63.124(b)(4)(ii) and 63.1426(g)] 1. Continuous records. b c d e Pressure drop [§§ 63.124(b)(4)(iii) and 63.1426(g)] 1. Continuous records. b c d e Temperature of scrubbing liquid entering column [§§ 63.124(b)(4)(iv) and 63.1426(g)] 1. Continuous records. b c d e Liquid feed pressure [§§ 63.124(b)(4)(v) and 63.1426(g)] 1. Continuous records. b c d e Absorber, Condenser, and Carbon Adsorber (as an alternative to the above) Concentration level or reading indicated by an organic monitoring device at the outlet of the recovery device 1. Continuous records as specified in § 63.1429. b d e All Combustion, recovery, or recapture devices Diversion to the atmosphere from the combustion, recovery, or recapture device or 1. Hourly records of whether the flow indicator was operating and whether a diversion was detected at any time during each hour, as specified in § 63.1429. d d Monthly inspections of sealed valves 1. Records that monthly inspections were performed as specified in § 63.1429. d d a b c d e f [64 FR 29439, June 1, 1999, as amended at 91 FR 13189, Mar. 18, 2026] Table 7 to Subpart PPP of Part 63—Operating Parameters for Which Monitoring Levels Are Required To Be Established for Process Vent Streams Subject to § 63.1429( d Control technique Parameters to be monitored Established operating parameter(s) Thermal incinerator Firebox temperature Minimum temperature. Catalytic incinerator Temperature upstream and downstream of the catalyst bed Minimum upstream temperature; and minimum temperature difference across the catalyst bed. Boiler or process heater Firebox temperature Minimum temperature. Absorber Liquid flow rate or pressure drop; and pH of scrubber effluent, if an acid or base absorbent is used Minimum flow rate or pressure drop; and maximum pH if an acid absorbent is used, or minimum pH if a base absorbent is used. Condenser Exit temperature Maximum temperature. Carbon adsorber Total regeneration stream mass or volumetric flow during carbon bed regeneration cycle; and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) Maximum mass or volumetric flow; and maximum temperature. Extended Cookout (ECO) Time from the end of the epoxide feed to the end of the ECO, or the reactor epoxide partial pressure at the end of the ECO, or the epoxide concentration in the reactor liquid at the end of the ECO Minimum duration, or maximum partial pressure at the end of ECO, or maximum epoxide concentration in the reactor liquid at the end of ECO. Other devices (or as an alternate to the above). a HAP concentration level or reading at outlet of device Maximum HAP concentration or reading. a Table 8 to Subpart PPP of Part 63—Routine Reports Required by This Subpart Reference Description of report Due date § 63.1439(b) and subpart A of this part Refer to § 63.1439(b), Table 1 of this subpart, and to subpart A of this part Refer to subpart A of this part. § 63.1439(e)(3) Initial notification New affected sources w/ initial start-up at least 90 days after June 1, 1999: submit the application for approval of construction or reconstruction in lieu of the initial notification report. § 63.1439(e)(4) Precompliance Report a Existing affected sources: 12 months prior to compliance date. § 63.1439(e)(5) Notification of Compliance Status b Within 150 days after the compliance date. § 63.1439(e)(6) Periodic Reports Semiannually, no later than 60 days after the end of each 6-month period. See § 63.1439(e)(6)(i) for the due date for this report. § 63.1439(e)(6)(viii) Quarterly reports for sources with excursions (upon request of the Administrator) No later than 60 days after the end of each quarter. § 63.506(e)(7)(i) Storage Vessels Notification of Inspection At least 30 days prior to the refilling of each storage vessel or the inspection of each storage vessel. a b [65 FR 26506, May 8, 2000, as amended at 91 FR 13194, Mar. 18, 2026] Subpart QQQ—National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Source: 89 FR 41692, May 13, 2024, unless otherwise noted. § 63.1440 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for primary copper smelters. This subpart also establishes requirements to demonstrate initial and continuous compliance with all applicable emission limitations, work practice standards, design standards, and operation and maintenance requirements in this subpart. § 63.1441 Am I subject to this subpart? You are subject to this subpart if you own or operate a primary copper smelter that is (or is part of) a major source of hazardous air pollutant (HAP) emissions on the first compliance date that applies to you (see § 63.1443). Your primary copper smelter is a major source of HAP if it emits or has the potential to emit any single HAP at the rate of 10 tons or more per year or any combination of HAP at a rate of 25 tons or more per year. § 63.1442 What parts of my plant does this subpart cover? (a) This subpart applies to each new and existing affected source at your primary copper smelter. The affected sources are each copper concentrate dryer, each smelting vessel, each slag cleaning vessel, each copper converter department, each anode refining department, process fugitive emission sources ( i.e., (b) The following affected sources: each copper concentrate dryer, each smelting vessel, each slag cleaning vessel, each copper converter department, and the entire group of fugitive dust sources at your primary copper smelter are existing if you commenced construction or reconstruction of the affected source before April 20, 1998. (c) The following affected sources: each copper concentrate dryer, each smelting vessel, each slag cleaning vessel, each copper converter department and the entire group of fugitive dust sources at your primary copper smelter are new if you commenced construction or reconstruction of the affected source on or after April 20, 1998. An affected source is reconstructed if it meets the definition of “reconstruction” in § 63.2. (d) The following affected sources: each anode refining department and process fugitive emission sources ( i.e., (e) The following affected sources: each anode refining department and process fugitive emission sources (i.e., roofline vents) from smelting vessels, slag cleaning vessels, copper converter department and anode refining department at your primary copper smelter are new if you commenced construction or reconstruction of the affected source on or after January 11, 2022. An affected source is reconstructed if it meets the definition of “reconstruction” in § 63.2. (f) The bypass stack is existing if you commenced construction or reconstruction of the affected source before July 24, 2023. (g) The bypass stack is new if you commenced construction or reconstruction of the affected source on or after July 24, 2023. An affected source is reconstructed if it meets the definition of “reconstruction” in § 63.2. § 63.1443 When do I have to comply with this subpart? (a) If you have an existing affected source, you must comply with each emission limitation, work practice standard, design standard, and operation and maintenance requirement in this subpart that applies to you no later than June 13, 2005, except as specified in table 4 to this subpart. (b) If you have a new affected source and its initial startup date is on or before June 12, 2002, you must comply with each emission limitation, work practice standard, design standard, and operation and maintenance requirement in this subpart that applies to you by June 12, 2002, except as specified in table 4 to this subpart. (c) If you have a new affected source and its initial startup date is after June 12, 2002, you must comply with each emission limitation, work practice standard, design standard, and operation and maintenance requirement in this subpart that applies to you upon initial startup, except as specified in in table 4 to this subpart. (d) If your primary copper smelter is an area source that becomes a major source of HAP (see § 63.1441), the compliance dates listed in paragraphs (d)(1) and (2) of this section apply to you. (1) Any portion of the existing primary copper smelter that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup. (2) All other parts of the primary copper smelter must be in compliance with this subpart no later than 3 years after it becomes a major source (see § 63.1441). (e) You must meet the notification and schedule requirements in § 63.1454. Several of these notifications must be submitted before the compliance date for your affected source. § 63.1444 What emissions limitations, work practice standards, and design standards must I meet for my copper concentrate dryers, smelting vessels, slag cleaning vessels, copper converter departments, anode refining departments, process fugitive emissions from roofline vents, and bypass stacks? (a) Copper concentrate dryers. (1) For each existing copper concentrate dryer, you must not cause to be discharged to the atmosphere from the dryer vent any gases that contain filterable particulate matter in excess of 50 milligrams per dry standard cubic meter (mg/dscm) as measured using the test methods specified in § 63.1450(a). (2) For each new copper concentrate dryer, you must not cause to be discharged to the atmosphere from the dryer vent any gases that contain filterable particulate matter in excess of 23 mg/dscm as measured using the test methods specified in § 63.1450(a). (b) Smelting vessels. (1) For each smelting vessel, you must not cause to be discharged to the atmosphere any process off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in § 63.1450(b). Process off-gas from a smelting vessel is generated when copper ore concentrates and fluxes are being smelted to form molten copper matte and slag layers. (2) For each smelting vessel, you must control the process fugitive emissions released when tapping copper matte or slag from the smelting vessel according to paragraphs (b)(2)(i) and (ii) of this section. (i) At all times when copper matte or slag is tapped from the smelting vessel, you must operate a capture system that collects the gases and fumes released from the tapping port in use. The design and placement of this capture system must be such that the tapping port opening, launder, and receiving vessel (e.g., ladle, slag pot) are positioned within the confines or influence of the capture system's ventilation draft during those times when the copper matte or slag is flowing from the tapping port opening. (ii) You must not cause to be discharged to the atmosphere from the capture system used to comply with paragraph (b)(2)(i) of this section any gases that contain filterable particulate matter in excess of 23 mg/dscm as measured using the test methods specified in § 63.1450(a). (c) Slag cleaning vessels. (1) For each slag cleaning vessel, except as provided for in paragraph (c)(2) of this section, you must not cause to be discharged to the atmosphere any process off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in § 63.1450(b). (2) As an alternative to complying with the emission limit for nonsulfuric acid particulate matter in paragraph (c)(1) of this section, for each existing slag cleaning vessel you may choose to comply with the emission limit for filterable particulate matter specified in this paragraph (c)(2). You must not cause to be discharged to the atmosphere any process off-gas that contains filterable particulate matter in excess of 46 mg/dscm as measured using the test methods specified in § 63.1450(a). (3) For each slag cleaning vessel, you must control process fugitive emissions released when tapping copper matte or slag from the slag cleaning vessel according to paragraphs (c)(3)(i) and (ii) of this section. (i) At all times when copper matte or slag is tapped from the slag cleaning vessel, you must operate a capture system that collects the gases and fumes released from the tapping port in use. The design and placement of this capture system must be such that the tapping port opening, launder, and receiving vessel (e.g., ladle, slag pot) are positioned within the confines or influence of the capture system's ventilation draft during those times when the copper matte or slag is flowing from the tapping port opening. (ii) You must not cause to be discharged to the atmosphere from the capture system used to comply with paragraph (c)(3)(i) of this section any gases that contain filterable particulate matter in excess of 23 mg/dscm as measured using the test methods specified in § 63.1450(a). (d) Existing copper converter departments. (1) You must operate a capture system that collects the process off gas vented from each batch copper converter. At all times when one or more batch copper converters are blowing, you must operate the capture system according to the written operation and maintenance plan that has been prepared according to the requirements in § 63.1447(b). (2) If your copper converter department uses Peirce-Smith converters, the capture system design must include use of a primary hood that covers the entire mouth of the converter vessel when the copper converter is positioned for blowing. Additional hoods (e.g., secondary hoods) or other capture devices must be included in the capture system design as needed to achieve the opacity limit in paragraph (d)(4) of this section. The capture system design may use multiple intake and duct segments through which the ventilation rates are controlled independently of each other, and individual duct segments may be connected to separate control devices. (3) If your copper converter department uses Hoboken converters, the capture system must collect all process off-gas vented during blowing through the side-flue intake on each converter vessel. (4) You must operate the capture system such that any visible emissions exiting the roof monitors or roof exhaust fans on the building housing the copper converter department meet the opacity limit as specified in paragraphs (d)(4)(i) and (ii) of this section. (i) The opacity of any visible emissions exiting the roof monitors or roof exhaust fans on the building housing the copper converter department must not exceed 4 percent as determined by a performance test conducted according to § 63.1450(c). (ii) The opacity limit in paragraph (d)(4)(i) of this section applies only at those times when a performance test is conducted according to § 63.1450(c). The requirements for compliance with opacity and visible emission standards specified in § 63.6(h) do not apply to this opacity limit. (5) You must not cause to be discharged to the atmosphere from any Peirce-Smith converter primary hood capture system or Hoboken converter side-flue intake capture system any process off-gas that contains nonsulfuric acid particulate matter in excess of 6.2 mg/dscm as measured using the test methods specified in § 63.1450(b). (6) You must not cause to be discharged to the atmosphere from any secondary capture system any gases that contain filterable particulate matter in excess of 23 mg/dscm as measured using the test methods specified in § 63.1450(a). (e) New copper converter departments. (1) You must not cause to be discharged to the atmosphere from any combination of stacks or other vents any captured process off-gas that contains filterable particulate matter greater than a daily (24-hour) average of 0.031 pounds of particulate matter per ton of copper concentrate feed charged to the smelting vessel as measured using the test methods specified in § 63.1450(a). (2) You must operate a capture system that collects the gases and fumes released from converting vessels and conveys the collected gas stream to a control device. (f) New and existing anode refining departments. (1) If the anode refining department process exhaust gases are combined with the Hoboken converter process fugitive capture system, you must demonstrate compliance with the emission limitation and work practice standards in paragraph (g) of this section. (2) For each new and existing anode refining department, you must not discharge to the atmosphere captured process exhaust gases from the anode refining furnaces containing filterable particulate matter emissions in excess of 5.8 mg/dscm as measured using the test methods specified in § 63.1450(a). (3) You must operate a capture system that collects the process off-gases and fumes released from the anode refining department and convey the collected gas stream to a control device. (g) Existing combined anode refining department and Hoboken converter process fugitive capture system. (1) You must not discharge to the atmosphere gases from the combination of the anode refining department and Hoboken converter process fugitive capture system filterable particulate matter emissions in excess of 4.1 mg/dscm as measured using the test methods specified in § 63.1450(a). (2) You must operate a Hoboken converter process fugitive capture system that collects the process off-gases and fumes released from the copper converter department. (3) You must operate a capture system that collects the process off-gases and fumes released from the anode refining department and convey the collected gas stream to a control device. (h) New and existing sources of process fugitive gases from the roofline vents associated with the smelting vessels, the slag cleaning vessels, copper converter department, and the anode refining department. (i) Baghouses. (j) Venturi wet scrubbers. (k) Other control devices. (1) You must select one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (2) You must maintain the hourly average value for each of the selected parameters at or above the minimum level or at or below the maximum level, as appropriate for the selected parameter, established during the initial or subsequent performance test in accordance with § 63.1450(a)(5). (l) Existing source mercury emissions. (m) New source mercury emissions. (n) Control devices for mercury. (1) You must select one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (2) You must maintain the hourly average value for each of the selected parameters at or above the minimum level or at or below the maximum level, as appropriate for the selected parameter, established during the initial or subsequent performance test in accordance with § 63.1450(d)(3). (o) New and existing sources of benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans emissions. (p) Existing sources of process fugitive gases from the combination of roofline vents associated with the Peirce-Smith converter department, Inco flash furnace, and anode refining department. (1) Roofline emission limit for the Peirce-Smith converter department, Inco flash furnace, and anode refining department. (2) Design standards for the Peirce-Smith converter department, Inco flash furnace, and anode refining department. (i) Flash furnace area capture system. (ii) Fuming ladle capture system. (iii) Anode furnace secondary hood capture and control system. (q) Bypass stack work practice standards. (1) In the case of planned control device or process maintenance, feed to the smelting vessel must cease; power to the electric furnace must be lowered, and a crust allowed to form on the surface of the slag; the operation of the converters must cease and the converters rolled out; and the operation of the anode vessels must cease. (2) If the fan to the anode refining point source baghouse is functioning, then the residual process gases must be redirected to the control device. If the process gas from a device being maintenanced can be rerouted to a different control device instead of the bypass stack, it must be redirected to the control device. Control devices must be used until emissions are minimized. (3) If there is a shutdown or emergency shutdown event, the control devices should continue to run until process emissions cease. If the control devices are shut down before the process emissions cease and the bypass stack is used to vent the process gas to the atmosphere, there will be a violation of the emission and work practice standards. § 63.1445 What work practice standards must I meet for my fugitive dust sources? (a) You must control particulate matter emissions from fugitive dust sources at your primary copper smelter by operating according to a written fugitive dust control plan that has been approved by the Administrator or approved authority under 40 CFR part 70 or 71. For the purpose of complying with this paragraph (a) you must submit a fugitive dust control plan which addresses the fugitive dust sources specified in paragraph (b) of this section and includes the information specified in paragraph (c) of this section on the schedule provided in paragraphs (e) and (f) of this section. (b) Before November 12, 2024, your fugitive dust control plan must address each of the fugitive dust emission sources listed in paragraphs (b)(1) through (6), except paragraphs (b)(1)(i) and (ii), of this section that are located at your primary copper smelter. On or after November 12, 2024, your fugitive dust control plan must address each of the fugitive dust emission sources listed in paragraphs (b)(1) through (7) of this section that are located at your primary copper smelter. (1) On-site roadways used by trucks or other motor vehicles (e.g., front-end loaders) when transporting bulk quantities of fugitive dust materials. Paved roads and parking areas that are not used by these vehicles do not need to be included in the plan (e.g., employee and visitor parking lots). (i) You must conduct routine cleaning of paved roads with a sweeper, vacuum or wet broom (in accordance with applicable recommendations by the manufacturer of the street sweeper, vacuum, or wet broom), with such cleaning to occur no less frequently than on a daily basis unless the roads have sufficient surface moisture such that fugitive dust is not generated. (ii) Chemical dust suppressants will be applied not less frequently than once per month at slag haul roads and not less frequently than every 6 weeks on all other unpaved roads unless the roads have sufficient surface moisture such that fugitive dust is not generated. (2) Unloading of fugitive dust materials from trucks or railcars. (3) Outdoor piles used for storage of fugitive dust materials. (4) Bedding areas used for blending copper concentrate and other feed constituents. (5) Each transfer point in conveying systems used to transport fugitive dust materials. These points include, but are not limited to, transfer of material from one conveyor belt to another and transfer of material to a hopper or bin. (6) Other site-specific sources of fugitive dust emissions that the Administrator or delegated authority under 40 CFR part 70 or 71 designate to be included in your fugitive dust control plan. (7) The cargo compartment of all trucks or other motor vehicles (e.g., front-end loaders) when transporting bulk quantities of fugitive dust materials must be maintained to ensure: (i) The floor, sides, and/or tailgate(s) are free of holes or other openings. (ii) All loads of trucks containing copper concentrate arriving at the facility are covered with a tarp to prevent spills and fugitive emissions. (iii) Trucks are loaded only to such a level as to prevent spillage over the side. (iv) A speed limit of 15 mph is required. (v) All dust producing material internally transferred or moved by truck at the facility is covered with a tarp to prevent spills and fugitive emissions. (c) Your fugitive dust control plan must describe the control measures you use to control fugitive dust emissions from each source addressed in the plan, as applicable and appropriate for your site conditions. Examples of control measures include, but are not limited to, locating the source inside a building or other enclosure, installing and operating a local hood capture system over the source and venting the captured gas stream to a control device, placing material stockpiles below grade, installing wind screens or wind fences around the source, spraying water on the source as weather conditions require, applying appropriate dust suppression agents on the source, or combinations of these control measures. (d) The requirement for you to operate according to a written fugitive dust control plan must be incorporated in your operating permit that is issued by the approved authority under 40 CFR part 70 or 71. A copy of your fugitive dust control plan must be sent to the approved authority under 40 CFR part 70 or 71 on or before the compliance date for your primary copper smelter, as specified in § 63.1443 or paragraph (b) of this section. (e) For any element of the fugitive dust control plan that requires new construction at the facility, the owner or operator shall complete such construction, in accordance with the specifications and schedule set forth in the approved fugitive dust control plan. (f) The fugitive dust control plan must be reviewed, updated (if necessary), and then submitted to the approved permitting authority under 40 CFR part 70 or 71 with each application for the title V operating permit renewal and with each permit application for the construction or modification of lead-bearing fugitive dust generating sources. On or after November 12, 2024, the owner or operator must submit a copy fugitive dust plan in PDF format to the EPA via Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov § 63.1446 What alternative emission limitation may I meet for my combined gas streams? (a) For situations where you combine gas streams from two or more affected sources for discharge to the atmosphere through a single vent, you may choose to meet the requirements in paragraph (b) of this section as an alternative to complying with the individual filterable particulate matter emission limits specified in § 63.1444 that apply to you. This alternative emission limit for a combined gas stream may be used for any combination of the affected source gas steams specified in paragraphs (a)(1) through (6) of this section. (1) Gas stream discharged from a copper concentrate dryer vent that would otherwise be subject to § 63.1444(a)(1) or (2); (2) Gas stream discharged from a smelting vessel capture system that would otherwise be subject to § 63.1444(b)(2)(ii); (3) Process off-gas stream discharged from a slag cleaning vessel that would otherwise be subject to § 63.1444(c)(2); (4) Gas stream discharged from a slag cleaning vessel capture system that would otherwise be subject to § 63.1444(c)(3)(ii); (5) Gas stream discharged from an existing batch copper converter secondary capture system that would otherwise be subject to § 63.1444(d)(6); and (6) Gas stream discharged from anode refining departments that would otherwise be subject to § 63.1444(f)(2). (b) You must meet the requirements specified in paragraphs (b)(1) and (2) of this section for the combined gas stream discharged through a single vent. (1) For each combined gas stream discharged through a single vent, you must not cause to be discharged to the atmosphere any gases that contain filterable particulate matter in excess of the emission limit calculated using the procedure in paragraph (b)(2) of this section and measured using the test methods specified in § 63.1450(a). (2) You must calculate the alternative filterable particulate matter emission limit for your combined gas stream using equation 1 to this paragraph (b)(2). The volumetric flow rate value for each of the individual affected source gas streams that you use for equation 1 (i.e., the flow rate of the gas stream discharged from the affected source but before this gas stream is combined with the other gas streams) is to be the average of the volumetric flow rates measured using the test method specified in § 63.1450(a)(1)(ii): Equation 1 to Paragraph (b)(2) Where: E Alt E d Q d Esv = Filterable particulate matter emission limit for smelting vessel capture system as specified in § 63.1444(b)(2)(ii) (mg/dscm); Qsv = Smelting vessel capture system exhaust gas stream volumetric flow rate before being combined with other gas streams (dscm/hr); Escvp = Filterable particulate matter emission limit for slag cleaning vessel process off-gas as specified in § 63.1444(c)(2) (mg/dscm); Qscvp = Slag cleaning vessel process off-gas volumetric flow rate before being combined with other gas streams (dscm/hr); Escvf = Filterable particulate matter emission limit for slag cleaning vessel capture system as specified in § 63.1444(c)(3)(ii) (mg/dscm); Qscvf = Slag cleaning vessel capture system exhaust gas stream volumetric flow rate before being combined with other gas streams (dscm/hr); Ecc = Filterable particulate emission limit for the existing batch copper converter secondary capture system as specified in § 63.1444(d)(6) (mg/dscm); Qcc = Batch copper converter capture system exhaust gas stream volumetric flow rate before being combined with other gas streams (dscm/hr); E ard Q ard (c) For each baghouse applied to meet any filterable particulate matter emission limit in paragraph (b) of this section, you must operate the baghouse such that the bag leak detection system does not alarm for more than 5 percent of the total operating time in any semiannual reporting period. (d) For each venturi wet scrubber applied to meet any filterable particulate matter emission limit in paragraph (b) of this section, you must maintain the hourly average pressure drop and scrubber water flow rate at or above the minimum levels established during the initial or subsequent performance test in accordance with § 63.1450(a)(4). (e) For each control device other than a baghouse or venturi wet scrubber applied to meet any filterable particulate matter emission limit in paragraph (b) of this section, you must operate the control device as specified in paragraphs (e)(1) and (2) of this section. (1) You must select one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (2) You must maintain the hourly average value for each of the selected parameters at or above the minimum level or at or below the maximum level, as appropriate for the selected parameter, established during the initial or subsequent performance test in accordance with § 63.1450(a)(5). § 63.1447 What are my operation and maintenance requirements? (a) Before November 12, 2024, as required by § 63.6(e)(1)(i), you must always operate and maintain your affected source, including air pollution control and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart. On or after November 12, 2024, at all times, you must maintain and operate any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (b) You must prepare and operate at all times according to a written operation and maintenance plan for each capture system and control device subject to standards in § 63.1444 or § 63.1446. The plan must address the requirements in paragraphs (b)(1) through (4) of this section as applicable to the capture system or control device. (1) Preventative maintenance (2) Capture system inspections (i) Observations of the physical appearance of the equipment to confirm the physical integrity of the equipment (e.g., verify by visual inspection no holes in ductwork or hoods, no flow constrictions caused by dents, or accumulated dust in ductwork). (ii) Inspection, and if necessary testing, of equipment components to confirm that the component is operating as intended (e.g., verify by appropriate measures that flow or pressure sensors, damper plates, automated damper switches and motors are operating according to manufacture or engineering design specifications). (iii) In the event that a defective or damaged component is detected during an inspection, you must initiate corrective action according to written procedures specified in your operation and maintenance plan to correct the defect or deficiency as soon as practicable. (3) Copper converter department capture system operating limits. (i) Select operating limit parameters appropriate for the capture system design that are representative and reliable indicators of the performance of the capture system when it is used to collect the process off-gas vented from batch copper converters during blowing. At a minimum, you must use appropriate operating limit parameters that indicate the level of the ventilation draft and the damper position settings for the capture system when operating to collect the process off-gas from the batch copper converters during blowing. Appropriate operating limit parameters for ventilation draft include, but are not limited to, volumetric flow rate through each separately ducted hood, total volumetric flow rate at the inlet to control device to which the capture system is vented, fan motor amperage, or static pressure. Any parameter for damper position setting may be used that indicates the duct damper position relative to the fully open setting. (ii) For each operating limit parameter selected in paragraph (b)(3)(i) of this section, designate the value or setting for the parameter at which the capture system operates during batch copper converter blowing. If your blister copper production operations allow for more than one batch copper converter to be operating simultaneously in the blowing mode, designate the value or setting for the parameter at which the capture system operates during each possible batch copper converter blowing configuration that you may operate at your smelter ( i.e., (iii) Include documentation in the plan to support your selection of the operating limits established for the capture system. This documentation must include a description of the capture system design, a description of the capture system operation during blister copper production, a description of each selected operating limit parameter, a rationale for why you chose the parameter, a description of the method used to monitor the parameter according to the requirements in § 63.1452(a), and the data used to set the value or setting for the parameter for each of your batch copper converter configurations. (4) Baghouse leak detection corrective actions. (i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media or otherwise repairing the control device. (iv) Sealing off a defective baghouse compartment. (v) Cleaning the bag leak detection system probe, or otherwise repair the bag leak detection system. (vi) Shutting down the process producing the particulate emissions. § 63.1448 What are my general requirements for complying with this subpart? (a) Before November 12, 2024, you must be in compliance with the emission limitations, work practice standards, and operation and maintenance requirements in this subpart at all times, except during periods of startup, shutdown, and malfunction as defined in § 63.2. On or after November 12, 2024, you must be in compliance with the emission limitations, work practice standards, design standards, and operation and maintenance requirements in this subpart at all times. (b) During the period between the compliance date specified for your affected source in § 63.1443, and the date upon which continuous monitoring systems have been installed and certified and any applicable operating limits have been set, you must maintain a log detailing the operation and maintenance of the process and emissions control equipment. (c) Before November 12, 2024, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). For affected sources, a startup, shutdown, and malfunction plan is not required on or after November 12, 2024. § 63.1449 By what dates must I conduct performance tests or other initial compliance demonstrations? (a) As required in § 63.7(a)(2), you must conduct a performance test within 180 calendar days of the compliance date that is specified in § 63.1443 for your affected source to demonstrate initial compliance with each emission and opacity limit in §§ 63.1444 and 63.1446 that applies to you. (b) For each work practice standard and operation and maintenance requirement that applies to you where initial compliance is not demonstrated using a performance test or opacity observation, you must demonstrate initial compliance within 30 calendar days after the compliance date that is specified for your affected source in § 63.1443. § 63.1450 What test methods and other procedures must I use to demonstrate initial compliance with the emission limitations and design standards? (a) Filterable particulate matter emission limits. (1) Determine the concentration of filterable particulate matter according to the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (a)(1)(i) through (v) of this section. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 5, 5D, or 17, as applicable, to determine the concentration of filterable particulate matter. (2) As an alternative to using the applicable method specified in paragraph (a)(1)(v) of this section, you may determine filterable particulate matter emissions from the control device using Method 29 in appendix A-8 to 40 CFR part 60 provided that you follow the procedures and precautions prescribed in Method 29. If the control device is a positive pressure baghouse, you must also follow the measurement procedure specified in sections 8.1 through 8.3 of Method 5D in appendix A-3 to 40 CFR part 60. (3) You must conduct three separate test runs for each performance test. Each test run must have a minimum sampling time of 60 minutes and a minimum sampling volume of 0.85 dscm. For the purpose of determining compliance with the applicable filterable particulate matter emission limit, the arithmetic mean of the results for the three separate test runs is used. (4) For a venturi wet scrubber applied to emissions from an affected source and subject to emission limits and work practice standards in § 63.1444(j) or § 63.1446(d) for pressure drop and scrubber water flow rate, you must establish site-specific operating limits according to the procedures in paragraphs (a)(4)(i) and (ii) of this section. (i) Using the continuous parameter monitoring system (CPMS) required in § 63.1452, measure and record the pressure drop and scrubber water flow rate during each run of the particulate matter performance test. (ii) Compute and record the hourly average pressure drop and scrubber water flow rate for each individual test run. Your operating limits are the lowest average pressure drop and scrubber water flow rate value in any of the three runs that meet the applicable emission limit. (5) For a control device other than a baghouse or venturi wet scrubber applied to emissions from an affected source and subject to work practice standards and emission limit(s) in § 63.1444(k) or § 63.1446(e) for appropriate, site-specific operating parameters that are representative and reliable indicators of the control device performance, you must establish a site-specific operating limit(s) according to the procedures in paragraphs (a)(5)(i) through (iv) of this section. (i) Select one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (ii) Using the CPMS required in § 63.1452, measure and record the selected operating parameters for the control device during each run of the filterable particulate matter performance test. (iii) Compute and record the hourly average value for each of the selected operating parameters for each individual test run. Your operating limits are the lowest value or the highest value, as appropriate for the selected operating parameter, measured in any of the three runs that meet the applicable emission limit. (iv) You must prepare written documentation to support your selection of the operating parameters used for the control device. This documentation must include a description of each selected parameter, a rationale for why you chose the parameter, a description of the method used to monitor the parameter, and the data recorded during the performance test and used to set the operating limit(s). (6) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (b) Nonsulfuric acid particulate matter emission limits. (1) Determine the concentration of nonsulfuric acid particulate matter according to the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (b)(1)(i) through (v) of this section. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 5B to determine the nonsulfuric acid particulate matter emissions. (2) You must conduct three separate test runs for each performance test. Each test run must have a minimum sampling time of 240 minutes and a minimum sampling volume of 3.4 dscm. For the purpose of determining compliance with the nonsulfuric acid particulate matter emission limit, the arithmetic mean of the results for the three separate test runs is used. (3) For a control device applied to emissions from an affected source and subject to work practice standards and emission limit(s) in § 63.1444(i), (j), or (k) or § 63.1446(e) for appropriate, site-specific operating parameters that are representative and reliable indicators of the control device performance, you must establish a site-specific operating limit(s) according to the procedures in paragraphs (a)(5)(i) through (iv) of this section. (4) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (c) Copper converter department capture system opacity limit. (1) You must conduct the performance test during the period when the primary copper smelter is operating under conditions representative of the smelter's normal blister copper production rate. You may not conduct a performance test during a malfunction. Before conducting the performance test, you must prepare a written test plan specifying the copper production conditions to be maintained throughout the opacity observation period and including a copy of the written documentation you have prepared according to paragraph (a)(3) of this section to support the established operating limits for the copper converter department capture system. You must submit a copy of the test plan for review and approval by the Administrator or delegated authority. During the observation period, you must collect appropriate process information and copper converter department capture system operating information to prepare documentation sufficient to verify that all opacity observations were made during the copper production and capture system operating conditions specified in the approved test plan. (2) You must notify the Administrator or delegated authority before conducting the opacity observations to allow the Administrator or delegated authority the opportunity to have authorized representatives attend the test. Written notification of the location and scheduled date for conducting the opacity observations must be received by the Administrator on or before 30 calendar days before this scheduled date. (3) You must gather the data needed for determining compliance with the opacity limit using qualified visible emission observers and process monitors as described in paragraphs (c)(3)(i) and (ii) of this section. (i) Opacity observations must be performed by a sufficient number of qualified visible emission observers to obtain two complete concurrent sets of opacity readings for the required observation period. Each visible emission observer must be certified as a qualified observer by the procedure specified in section 3 of Method 9 in appendix A-4 to 40 CFR part 60. The entire set of readings during the required observation period does not need to be made by the same two observers. More than two observers may be used to allow for substitutions and provide for observer rest breaks. The owner or operator must obtain proof of current visible emission reading certification for each observer. ASTM D7520-16 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 9 with the specified conditions in paragraphs (c)(3)(i)(A) through (E) of this section. (A) During the digital camera opacity technique (DCOT) certification procedure outlined in section 9.2 of ASTM D7520-16, you or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand). (B) You must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in section 8.1 of ASTM D7520-16. (C) You must follow the record keeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets, and all raw unaltered JPEGs used for opacity and certification determination. (D) You or the DCOT vendor must have a minimum of four (4) independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15% opacity of anyone reading and the average error must not exceed 7.5% opacity. (E) This approval does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520-16 and this letter is on the facility, DCOT operator, and DCOT vendor. (ii) A person (or persons) familiar with the copper production operations conducted at the smelter must serve as the indoor process monitor. The indoor process monitor is stationed at a location inside the building housing the batch copper converters such that he or she can visually observe and record operations that occur in the batch copper converter aisle during the times that the visible emission observers are making opacity readings. More than one indoor process monitor may be used to allow for substitutions and provide for rest breaks. (4) You must make all opacity observations using Method 9 in appendix A-4 to 40 CFR part 60 and following the procedures described in paragraphs (c)(4)(i) and (ii) of this section. ASTM D7520-16 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 9 with the specified conditions in paragraphs (c)(3)(i)(A) through (E) of this section. (i) Each visible emission observer must make his or her readings at a position from the outside of the building that houses the copper converter department such that the observer's line-of-sight is approximately perpendicular to the longer axis of the converter building, and the observer has an unobstructed view of the building roof monitor sections or roof exhaust fan outlets that are positioned over each of the batch copper converters inside the building. Opacity readings can only be made during those times when the observer's position meets the sun orientation and other conditions specified in section 2.1 of Method 9 in appendix A-4 to 40 CFR part 60. (ii) At 15-second intervals, each visible emission observer views the building roof monitor sections or roof exhaust fan outlets that are positioned over each of the batch copper converters inside the building and reads the opacity of the visible plumes. If no plume is visible, the observer records zero as the opacity value for the 15-second interval. In situations when it is possible for an observer to distinguish two or more visible emission plumes from the building roof monitor sections or roof exhaust fan outlets, the observer must identify, to the extent feasible, the plume having the highest opacity and record his or her opacity reading for that plume as the opacity value for the 15-second interval. (5) You must make opacity observations for a period of sufficient duration to obtain a minimum of 120 1-minute intervals during which at least one copper converter is blowing and no interferences have occurred from other copper production events, as specified in paragraph (c)(7) of this section, which generate visible emissions inside the building that potentially can interfere with the visible emissions from the converter capture systems as seen by the outside observers. To obtain the required number of 1-minute intervals, the observation period may be divided into two or more segments performed on the same day or on different days if conditions prevent the required number of opacity readings from being obtained during one continuous time period. Examples of these conditions include, but are not limited to, changes in the sun's orientation relative to visible emission observers' positions such that the conditions in Method 9 in appendix A-4 to 40 CFR part 60 are no longer met or an unexpected thunderstorm. If the total observation period is divided into two or more segments, all opacity observations must be made during the same set of copper production conditions described in your approved test plan as required by paragraph (c)(1) of this section. (6) You must gather indoor process information during all times that the visible emission observers are making opacity readings outside the building housing the copper converter department. The indoor process monitor must continually observe the operations occurring in the copper converter department and prepare a written record of his or her observations using the procedure specified in paragraphs (c)(6)(i) through (iv) of this section. (i) At the beginning of each observation period or segment, the clock time setting on the watch or clock to be used by the indoor process monitor must be synchronized with the clock time settings for the timepieces to be used by the outdoor opacity observers. (ii) During each period or segment when opacity readings are being made by the visible emission observers, the indoor process monitor must continuously observe the operations occurring in the copper converter department and record his or her observations in a log book, on data sheets, or other type of permanent written format. (iii) When a batch copper converter is blowing, a record must be prepared for the converter that includes, but is not limited to, the clock times for when blowing begins and when blowing ends and the converter blowing rate. This information may be recorded by the indoor process monitor or by a separate, automated computer data system. (iv) The process monitor must record each event other than converter blowing that occurs in or nearby the converter aisle that he or she observes to generate visible emissions inside the building. The recorded entry for each event must include, but is not limited to, a description of the event and the clock times when the event begins and when the event ends. (7) You must prepare a summary of the data for the entire observation period using the information recorded during the observation period by the outdoor visible emission observers and the indoor process monitor and the procedure specified in paragraphs (c)(7)(i) through (iv) of this section. (i) Using the field data sheets, identify the 1-minute clock times for which a total of eight opacity readings were made and recorded by both observers at 15-second intervals according to the test procedures (i.e., a total of four opacity values have been recorded for the 1-minute interval by each of the two observers). Calculate the average of the eight 15-second interval readings recorded on the field data sheets by the two observers during the clock time minute interval (add the four consecutive 15-second interval opacity readings made by Observer A during the specified clock time minute, plus the four consecutive 15-second interval opacity readings made by Observer B during the same clock time minute, and divide the resulting total by eight). Record the clock time and the opacity average for the 1-minute interval on a data summary sheet. Figure 1 to this subpart shows an example of the format for the data summary sheet you may use, but are not required to use. (ii) Using the data summary sheets prepared according to paragraph (c)(7)(i) of this section and the process information recorded according to paragraph (c)(6)(iii) of this section, identify those 1-minute intervals for which at least one of the batch copper converters was blowing. (iii) Using the data summary sheets prepared according to paragraph (c)(7)(ii) of this section and the process information recorded according to paragraph (c)(6)(iv) of this section, identify the 1-minute intervals during which at least one copper converter was blowing but none of the interference events listed in paragraphs (c)(7)(iii)(A) through (F) of this section occurred. Other ancillary activities not listed but conducted in or adjacent to the converter aisle during the opacity observations are not considered to be interference events (e.g., converter aisle cleaning, placement of smoking ladles or skulls on the converter aisle floor). (A) Charging of copper matte, reverts, or other materials to a batch copper converter; (B) Skimming slag or other molten materials from a batch copper converter; (C) Pouring of blister copper or other molten materials from a batch copper converter; (D) Return of slag or other molten materials to the flash smelting vessel or slag cleaning vessel; (E) Roll-out or roll-in of the batch copper converter; or (F) Smoke and fumes generated inside the converter building by operation of the smelting vessel, the slag cleaning vessel (if used), anode refining and casting processes that drift into the copper converter department. (iv) Using the data summary sheets prepared according to paragraph (c)(7)(iii) of this section, up to five 1-minute intervals following an interference event may be eliminated from data used for the compliance determination calculation specified in paragraph (c)(8) of this section by applying a time delay factor. The time delay factor must be a constant number of minutes not to exceed 5 minutes that is added to the clock time recorded when cessation of the interference event occurs. The same time delay factor must be used for all interference events (i.e., a constant time delay factor for the smelter of 1 minute, 2 minutes, 3 minutes, 4 minutes, or 5 minutes). The number of minutes to be used for the time delay factor is determined based on the site-specific equipment and converter building configuration. An explanation of the rationale for selecting the value used for the time delay factor must be prepared and included in the test report. (8) You must use the data summary prepared in paragraph (c)(7) of this section to calculate the average opacity value for a minimum of 120 1-minute intervals during which at least one copper converter was blowing with no interference events as determined according to paragraphs (c)(7)(iii) and (iv) of this section. Average opacity is calculated using equation 1 to this paragraph (c)(8): Equation 1 to paragraph (c)(8) Where: VEave = Average opacity to be used for compliance determination (percent); n = Total number of 1-minute intervals during which at least one copper converter was blowing with no interference events as determined according to paragraphs (c)(7)(iii) and (iv) of this section (at least 120 1-minute intervals); i = 1-minute interval “i” during which at least one copper converter was blowing with no interference events as determined according to paragraphs (c)(7)(iii) and (iv) of this section; and VE i (9) You must certify that the copper converter department capture system operated during the performance test at the operating limits established in your capture system operation and maintenance plan using the procedure specified in paragraphs (c)(9)(i) through (iv) of this section. (i) Concurrent with all opacity observations, measure and record values for each of the operating limit parameters in your capture system operation and maintenance plan according to the monitoring requirements specified in § 63.1452(a). (ii) For any dampers that are manually set and remain in the same position at all times the capture system is operating, the damper position must be visually checked and recorded at the beginning and end of each opacity observation period segment. (iii) Review the recorded monitoring data. Identify and explain any times during batch copper converter blowing when the capture system operated outside the applicable operating limits. (iv) Certify in your performance test report that during all observation period segments, the copper converter department capture system was operating at the values or settings established in your capture system operation and maintenance plan. (d) Mercury emissions. (1) Determine the concentration of mercury according to the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (d)(1)(i) through (v) of this section. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 29, 30A, or 30B, as applicable, to determine the concentration of mercury. You can also use ASTM D6784-16 (incorporated by reference, see § 63.14) or equivalent. (2) You must conduct three separate test runs for each performance test. Duration of sampling is at least two hours per run. If performing measurements using Method 29 in appendix A-8 to 40 CFR part 60, you must collect a minimum sample volume of 1.7 dscm (60 dscf). For the purpose of determining compliance with the applicable mercury emission limit, the arithmetic mean of the results for the three separate test runs is used. (3) For a control device or process operating parameter applied to emissions from an affected source and subject to site-specific operating limit(s) in § 63.1444(n) for appropriate, site-specific operating parameters that are representative and reliable indicators of the control device performance, you must establish a site-specific operating limit(s) according to the procedures in paragraphs (d)(3)(i) through (iv) of this section. (i) Select one or more operating parameters, as appropriate for the control device design or process parameter (i.e., (ii) Using the CPMS required in § 63.1452, measure and record the selected operating parameters for the control device during each run of the mercury performance test. (iii) Compute and record the hourly average value for each of the selected operating parameters for each individual test run. Your operating limits are the lowest value or the highest value, as appropriate for the selected operating parameter, measured in any of the three runs that meet the applicable emission limit. (iv) You must prepare written documentation to support your selection of the operating parameters used for the control device. This documentation must include a description of each selected parameter, a rationale for why you chose the parameter, a description of the method used to monitor the parameter, and the data recorded during the performance test and used to set the operating limit(s). (4) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (e) Anode refining department, copper converter department, slag cleaning vessels, and smelting vessels process fugitive roofline vent filterable particulate matter emission limit. (1) Determine the concentration of anode refining department, copper converter department, slag cleaning vessels, and smelting vessels process fugitive roofline vent filterable particulate matter according to the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (e)(1)(i) through (vi) of this section. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. Use Method 5D, section 8.1.3, Roof Monitor or Monovent, or approved sample locations by EPA Office of Air and Radiation (OAR), OAQPS, Measurement Technology Group or delegated authority. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas or calibrated anemometer. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 17 to determine in-stack mass volume of the anode refining, converter and smelting process fugitive roof vent filterable particulate matter emissions. Isokinetic calculations are waived due to low flow rates and high variability. Use the filter specified in section 7.2.1 of Method 29. An approved Federal reference method (FRM)/Federal equivalent method (FEM) may be used if it can tolerate the 150 °F temperatures on the roof vents. Tapered element oscillating microbalances (TEOMs) are not appropriate for this sampling. An alternative test method may be requested to EPA OAR, OAQPS, Measurement Technology Group. (vi) Method 9 to establish opacity as an operating parameter, if appropriate. ASTM D7520-16 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 9 with the specified conditions in paragraphs (c)(3)(i)(A) through (E) of this section. (2) You must conduct three separate test runs for each performance test. Each test run must have a minimum sampling time of 12 hours. For the purpose of determining compliance with the filterable particulate matter emission limit, the arithmetic mean of the results for the three separate test runs for each roofline vent (i.e., anode refining department, copper converter department, smelting vessels, slag cleaning vessels) is used. The three test run average of the filterable particulate matter emission rates from each vent should be summed to compare to the emission limit in § 63.1444. (3) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (f) Benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans emissions. (1) Use the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (f)(1)(i) through (iv) of this section to select sampling port locations and the number of traverse points and to determine the volumetric flow rate, dry molecular weight, and moisture content of the stack gas. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (2) Determine the concentration of benzene and toluene for each stack using Method 18 in to appendix A-6 to 40 CFR part 60 to determine the concentration of benzene and toluene; or as an alternative ASTM D6420-99 (Reapproved 2010) (incorporated by reference, see § 63.14), may be used provided that the target compound(s) are those listed in section 1.1 of ASTM D6420-99 (Reapproved 2010) as measurable; the target compounds do not include methane and ethane because their atomic mass is less than 35; and the test results are not a total VOC method. Each test must consist of three separate runs. The duration of sampling must be at least two hours per run. (3) Determine the concentration of chlorine and hydrogen chloride for each stack using Method 26A in appendix A-8 to 40 CFR part 60. Each test must consist of three separate runs. The minimum sample volume must be at least 2 dry cubic meters per run. Each run must be conducted for a minimum of 1 hour. (4) Determine the concentration of polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans for each stack using Method 23 in appendix A-7 to 40 CFR part 60. Each test must consist of three separate runs. The test duration must be at least 3 hours and the must be at least 3 dscm (106 dscf). Method 23 complete list of PAHs and dioxin and furan congeners must be analyzed and reported. (5) During each stack test run, measure the weight of copper concentrate feed charged to the smelting vessel and calculate the emissions rate in pounds of pollutant per ton of copper concentrate feed charged to the smelting vessel (lb/ton), except for dioxins/furans which should be calculated in nanograms of pollutant Toxicity Equivalent Quotient (TEQ) per megagram of copper concentrate feed charged to the smelting vessel (ng/Mg) for each test run. To calculate the TEQ, multiply each D/F congener emission concentration times the appropriate Toxicity Equivalent Factor (TEF) in table 3 to this subpart. If any measurement result is reported as below the method detection limit, use the method detection limit for that value when calculating the emission rate. Calculate the total emissions rate for each test run by summing the emissions across all stacks, as shown in equation 2 to this paragraph (f)(5). Equation 2 to Paragraph (f)(5) Where: E f,i C s Q s P = Copper concentrate feed charged to the smelting vessel during the stack test, ton/hour or Mg/hour, as applicable; and n = Number of emissions stacks at facility “f”. (6) Calculate the average emissions rate for each facility using the three test runs, as shown in equation 3 to this paragraph (f)(6). For the purposes of determining compliance with the applicable emission limits in table 2 to this subpart, the arithmetic mean of the results for the three separate test runs is used as calculated using equation 3. Equation 3 to paragraph (f)(6) Where: E f E 1 E 2 E 3 (7) For a control device applied to emissions from an affected source and subject to work practice standards and emission limit(s) in § 63.1444(o) for appropriate, site-specific operating parameters that are representative and reliable indicators of the control device performance, you must establish a site-specific operating limit(s) according to the procedures in paragraphs (f)(7)(i) through (iv) of this section. (i) Select one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (ii) Using the CPMS required in § 63.1452, measure and record the selected operating parameters for the control device during each run of the benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene and dioxins/furans performance test. (iii) Compute and record the hourly average value for each of the selected operating parameters for each individual test run. Your operating limits are the lowest value or the highest value, as appropriate for the selected operating parameter, measured in any of the three runs that meet the applicable emission limit. (iv) You must prepare written documentation to support your selection of the operating parameters used for the control device. This documentation must include a description of each selected parameter, a rationale for why you chose the parameter, a description of the method used to monitor the parameter, and the data recorded during the performance test and used to set the operating limit(s). (8) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. You may not conduct a performance test during a malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (g) Peirce-Smith converter department, Inco flash furnace, and anode refining department process fugitive roofline vent lead. (1) Determine the concentration of Peirce-Smith converter department, Inco flash furnace, and anode refining department process fugitive roofline vent lead according to the test methods in appendices A-1 through A-8 to 40 CFR part 60 as specified in paragraphs (g)(1)(i) through (vii) of this section. (i) Method 1 to select sampling port locations and the number of traverse points. Sampling ports must be located at the outlet of the control device and prior to any releases to the atmosphere. Use Method 5D section 8.1.3 Roof Monitor or Monovent or approved sample locations by MTG or delegated authority. (ii) Method 2, 2F, or 2G to determine the volumetric flow rate of the stack gas or calibrated anemometer. (iii) Method 3, 3A, or 3B to determine the dry molecular weight of the stack gas. The ANSI/ASME PTC 19-10-1981 Part 10 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 3B manual portion only but not the instrumental portion. (iv) Method 4 to determine the moisture content of the stack gas. (v) Method 17 to determine in-stack mass volume of the anode refining, converter and smelting process fugitive roof vent lead emissions. Isokinetic calculations are waived due to low flow rates and high variability. Use the filter specified in section 7.2.1 of Method 29. An approved FRM/FEM may be used if it can tolerate the 150 F temperatures on the roof vents. TEOMs are not appropriate for this sampling. An alternative test method may be requested to EPA OAR, OAQPS, Measurement Technology Group. (vi) Method 29 filter analysis by inductively coupled plasma mass spectrometry (ICP-MS) for lead. (vii) Method 9 to establish opacity as an operating parameter, if appropriate. ASTM D7520-16 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 9 with the specified conditions in paragraphs (c)(3)(i)(A) through (E) of this section. (2) You must conduct three separate test runs for each performance test. Each test run must have a minimum sampling time of 12 hours. For the purpose of determining compliance with the lead emission limit, the arithmetic mean of the results for the three separate test runs for each roofline vent ( i.e., (3) You must conduct each performance test that applies to your affected source under normal operating conditions of the affected source. The owner or operator may not conduct performance tests during periods of malfunction. The use of the bypass stack during a performance test of the process shall invalidate the performance test. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent the entire range of normal operation, including operational conditions for maximum emissions if such emissions are not expected during maximum production. The owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (4) Establish a site-specific operating limit for a parameter, like opacity, based on values measured during the performance test. (5) For your flash furnace capture system you must establish site specific operating parameters as specified in § 63.1444(p)(2)(i). (6) For your fuming ladle capture system, you must establish site specific operating parameters as specified in § 63.1444(p)(2)(ii). (7) For your anode furnace secondary capture and control system, you must establish site specific operating parameters as specified in § 63.1444(p)(2)(iii). § 63.1451 How do I demonstrate initial compliance with the emission limitations, work practice standards, design standards, and operation and maintenance requirements that apply to me? (a) Filterable particulate matter emission limits. (1) The average concentration of filterable particulate matter from the affected source, any capture system, or control device applied to emissions from the affected source, measured according to the performance test procedures in § 63.1450(a), did not exceed the applicable emission limit, and establishes operating parameter. (2) You have submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (b) Nonsulfuric acid particulate matter emissions limits. (1) The average concentration of nonsulfuric acid particulate matter in the process off-gas discharged from the affected source, measured according to the performance test procedures in § 63.1450(b), did not exceed 6.2 mg/dscm. (2) You have submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (c) Copper converter department visible emissions. (1) The opacity of visible emissions exiting the roof monitors or roof exhaust fans on the building housing the copper converter department measured according to the performance test procedures in § 63.1450(c), did not exceed 4 percent opacity. (2) You have submitted a notification of compliance status according to the requirements in § 63.1454(e). (d) Copper converter department capture systems. (1) Prepared the capture system operation and maintenance plan according to the requirements in § 63.1447(b); (2) Conducted an initial performance test according to the procedures of § 63.1450(c) demonstrating the opacity of any visible emissions exiting the roof monitors or roof exhaust fans on the building housing the copper converter department does not exceed 4 percent opacity; (3) Included in your notification of compliance status a copy of your written capture system operation and maintenance plan and have certified in your notification of compliance status that you will operate the copper converter department capture system at all times during blowing at the values or settings established for the operating limits in that plan; and (4) Submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (e) Baghouses. (1) You have included in your written operation and maintenance plan required under § 63.1447(b) detailed descriptions of the procedures you use for inspection, maintenance, bag leak detection, and corrective action for the baghouse. (2) You have certified in your notification of compliance status that you will operate the baghouse according to your written operation and maintenance plan. (3) You have submitted the notification of compliance status according to the requirements in § 63.1454(e). (f) Venturi wet scrubbers. (1) Established site-specific operating limits for pressure drop and scrubber water flow rate and have a record of the pressure drop and scrubber water flow rate measured during the performance test you conduct to demonstrate initial compliance with paragraph (a) or (k) of this section. (2) Certified in your notification of compliance status that you will operate the venturi wet scrubber within the established operating limits for pressure drop and scrubber water flow rate. (3) Submitted a notification of compliance status according to the requirements in § 63.1454(e). (g) Other control devices. (1) Selected one or more operating parameters, as appropriate for the control device design, that can be used as representative and reliable indicators of the control device operation. (2) Established site-specific operating limits for each of the selected operating parameters based on values measured during the performance test you conduct to demonstrate initial compliance with paragraph (a) of this section and have prepared written documentation according to the requirements in § 63.1450(a)(5)(iv). (3) Included in your notification of compliance status a copy of the written documentation you have prepared to demonstrate compliance with paragraph (g)(2) of this section and have certified in your notification of compliance status that you will operate the control device within the established operating limits. (4) Submitted a notification of compliance status according to the requirements in § 63.1454(e). (h) Fugitive dust sources. (1) Prepared a written fugitive dust control plan according to the requirements in § 63.1445 and it has been approved by the delegated authority. (2) Certified in your notification of compliance status that you will control emissions from the fugitive dust sources according to the procedures in the approved plan. (3) Submitted the notification of compliance status according to the requirements in § 63.1454(e). (i) Operation and maintenance requirements. (1) Prepared an operation and maintenance plan according to the requirements in § 63.1447(b). (2) Certified in your notification of compliance status that you will operate each capture system and control device according to the procedures in the plan. (3) Submitted the notification of compliance status according to the requirements in § 63.1454(e). (j) Mercury emissions. (1) The sum of the mercury emissions (lb/hr) from the affected sources measured according to the performance test procedures in § 63.1450(d), did not exceed the applicable emission limit. (2) Established a site-specific operating limit for a parameter based on values measured during the performance test you conduct to demonstrate initial compliance with this paragraph (j) and have prepared written documentation according to the requirements in § 63.1450(d)(3)(iv). (3) You have submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (k) Process fugitive filterable particulate matter from roofline vents. (1) The sum of filterable particulate matter emissions from the combination of roofline vents as measured according to the performance test procedures in § 63.1450(e), did not exceed 6.3 lb/hr. (2) Established a site-specific operating limit for a parameter, like opacity, based on values measured during the performance test you conduct to demonstrate initial compliance with this paragraph (k) and have prepared written documentation according to the requirements in § 63.1450(e). (3) You have submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (l) Benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans emissions. (1) The emissions of benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans emissions per mass of copper concentrate feed to the smelting vessel from the affected sources measured according to the performance test procedures in § 63.1450(f), did not exceed the applicable emission limit. (2) You have submitted a notification of compliance status according to the requirements in § 63.1454(e) and performance test results according to the requirements in § 63.1455(e). (m) Process fugitive lead from roofline vents. (1) The sum of lead emissions from the combination of roofline vents as measured according to the performance test procedures in § 63.1450(g), did not exceed 0.326 lb/hr. (2) You have submitted a notification of compliance status and performance test results according to requirements of §§ 63.1454(e), 63.1455(e)(1), and 63.9(k) (3) For your flash furnace capture system, you have established timed interlock on the slag return launder. (4) For your fuming ladle capture system, you have determined flow rate by a calibrated flowmeter or test. (5) For your anode furnace secondary hood capture and control system, you have determined flow rate by a calibrated flowmeter or test. § 63.1452 What are my monitoring requirements? (a) Copper converter department capture systems. (1) Install the monitoring device, associated sensor(s), and recording equipment according to the manufacturers' specifications. Locate the sensor(s) used for monitoring in or as close to a position that provides a representative measurement of the parameter being monitored. (2) If a flow measurement device is used to monitor the operating limit parameter, you must meet the requirements in paragraphs (a)(2)(i) through (iv) of this section. (i) Locate the flow sensor and other necessary equipment such as straightening vanes in a position that provides a representative flow. (ii) Use a flow sensor with a minimum tolerance of 2 percent of the flow rate. (iii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iv) Conduct a flow sensor calibration check at least semiannually. (3) If a pressure measurement device is used to monitor the operating limit parameter, you must meet the requirements in paragraphs (a)(3)(i) through (v) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a transducer with a minimum tolerance of 1 percent of the pressure range. (iv) Check pressure tap pluggage daily. (v) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (4) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specifications or you install a new sensor. (5) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (6) Record the results of each inspection, calibration, and validation check. (b) Baghouses. (1) You must install, operate, and maintain each bag leak detection system according to the requirements in paragraphs (b)(1)(i) through (vii) of this section. (i) The system must be certified by the manufacturer to be capable of detecting emissions of particulate matter at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (ii) The system must provide output of relative changes in particulate matter loadings. (iii) The system must be equipped with an alarm that will sound when an increase in relative particulate loadings is detected over a preset level. The alarm must be located such that it can be heard by the appropriate plant personnel. (iv) Each system that works based on the triboelectric effect must be installed, operated, and maintained in a manner consistent with the guidance document “Fabric Filter Bag Leak Detection Guidance,” EPA-454/R-98-015, September 1997. You may obtain a copy of this guidance document by contacting the National Technical Information Service (NTIS) at 800-553-6847. You may install, operate, and maintain other types of bag leak detection systems in a manner consistent with the manufacturer's written specifications and recommendations. (v) To make the initial adjustment of the system, establish the baseline output by adjusting the sensitivity (range) and the averaging period of the device. Then, establish the alarm set points and the alarm delay time. (vi) Following the initial adjustment, do not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in your operation and maintenance plan. Do not increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365-day period unless a responsible official certifies, in writing, that the baghouse has been inspected and found to be in good operating condition. (vii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (2) You must conduct baghouse inspections at their specified frequencies according to the requirements in paragraphs (b)(2)(i) through (viii) of this section. (i) Monitor the pressure drop across each baghouse cell each day to ensure pressure drop is within the normal operating range identified in the manual. (ii) Confirm that dust is being removed from hoppers through weekly visual inspections or other means of ensuring the proper functioning of removal mechanisms. (iii) Check the compressed air supply for pulse-jet baghouses each day. (iv) Monitor cleaning cycles to ensure proper operation using an appropriate methodology. (v) Check bag cleaning mechanisms for proper functioning through monthly visual inspection or equivalent means. (vi) Make monthly visual checks of bag tension on reverse air and shaker-type baghouses to ensure that bags are not kinked (kneed or bent) or laying on their sides. You do not have to make this check for shaker-type baghouses using self-tensioning (spring-loaded) devices. (vii) Confirm the physical integrity of the baghouse through quarterly visual inspections of the baghouse interior for air leaks. (viii) Inspect fans for wear, material buildup, and corrosion through quarterly visual inspections, vibration detectors, or equivalent means. (c) Venturi wet scrubbers. (1) For the pressure drop CPMS, you must meet the requirements in paragraphs (c)(1)(i) through (vi) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure and that minimizes or eliminates pulsating pressure, vibration, and internal and external corrosion. (ii) Use a gauge with a minimum measurement sensitivity of 0.5 inch of water or a transducer with a minimum measurement sensitivity of 1 percent of the pressure range. (iii) Check the pressure tap for pluggage daily. (iv) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (v) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range, or install a new pressure sensor. (vi) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (2) For the scrubber water flow rate CPMS, you must meet the requirements in paragraphs (c)(2)(i) through (iv) of this section. (i) Locate the flow sensor and other necessary equipment in a position that provides a representative flow and that reduces swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (ii) Use a flow sensor with a minimum measurement sensitivity of 2 percent of the flow rate. (iii) Conduct a flow sensor calibration check at least semiannually according to the manufacturer's instructions. (iv) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (d) Other control devices and operating parameters. (1) Locate the sensor(s) used for monitoring in or as close to a position that provides a representative measurement of the parameter being monitored. (2) Determine the hourly average of all recorded readings. (3) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specifications or you install a new sensor. (4) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (5) Record the results of each inspection, calibration, and validation check. (e) Continuous monitoring. (f) Data collection for assessing compliance. (g) Monitoring malfunctions. (h) Bypass stacks. (1) If a SO 2 (2) If a particulate matter (PM) detector is CPMS, you must install, operate, and maintain each PM detector according to the equipment manufacturer's specifications and the requirements in paragraphs (h)(2)(i) through (v) of this section. (i) Locate the detector(s) used for monitoring in or as close to a position that provides a representative measurement of the parameter being monitored. (ii) Determine the hourly average of all recorded readings. (iii) Conduct calibration and validation checks any time the detector exceeds the manufacturer's specifications or you install a new detector. (iv) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (v) Record the results of each inspection, calibration, and validation check. § 63.1453 How do I demonstrate continuous compliance with the emission limitations, work practice standards, design standards, and operation and maintenance requirements that apply to me? (a) Filterable particulate matter emission limits. (1) For each copper concentrate dryer, smelting vessel, slag cleaning vessel, copper converter department, anode refining department, and combination of anode refining department and Hoboken converter process fugitive capture system subject to a filterable particulate matter emission limit in § 63.1444 or § 63.1446 as applies to you, you must demonstrate continuous compliance by meeting the conditions in paragraphs (a)(1)(i) through (iii) or paragraphs (a)(1)(i) and (iv) through (vii) of this section. (i) Maintain the average concentration of filterable particulate matter in the gases discharged from the affected source at or below the applicable emission limit. If a particulate matter continuous emissions monitoring system (PM CEMS) is used, you must demonstrate continued compliance according to the requirements in paragraphs (a)(1)(iv) through (vii) of this section. (ii) Monitor the operating parameter(s) established during the performance test according to the requirements in §§ 63.1450(a) and 63.1452 and collect, reduce, and record the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart. (iii) Conduct subsequent performance tests following your initial performance test no less frequently than once per year according to the performance test procedures in § 63.1450(a). New operating limits may be established during subsequent performance tests as long as the performance tests demonstrate compliance with the emission limits. (iv) Install, operate, and maintain a PM CEMS to measure and record PM concentrations and gas stream flow rates for the exhaust gases discharged to the atmosphere from each affected source subject to the emissions limit in this paragraph (a)(1). A single PM CEMS may be used for the combined exhaust gas streams from multiple affected sources at a point before the gases are discharged to the atmosphere. For each PM CEMS used to comply with this paragraph (a)(1), you must meet the requirements in this paragraph (a)(1)(iv) and paragraphs (a)(1)(v) through (vii) of this section. (v) You must install, certify, operate, and maintain the PM CEMS according to EPA Performance Specification 11 in appendix B to 40 CFR part 60, and the quality assurance requirements of Procedure 2 in appendix F to 40 CFR part 60. (vi) You must conduct an initial performance evaluation of the PM CEMS according to the requirements of Performance Specification 11 in appendix B to 40 CFR part 60. Thereafter, you must perform the performance evaluations as required by Procedure 2 in appendix F to 40 CFR part 60. (vii) You must perform quarterly accuracy determinations and daily calibration drift tests for the PM CEMS according to Procedure 2 in appendix F to 40 CFR part 60. (2) For each smelting vessel, slag cleaning vessel, and copper converter department subject to the nonsulfuric acid particulate matter emission limit in § 63.1444 as applies to you, you must demonstrate continuous compliance by meeting the conditions in paragraphs (a)(2)(i) through (iii) of this section. (i) Maintain the average concentration of nonsulfuric acid particulate matter in the process off-gas discharged from the affected source at or below 6.2 mg/dscm. (ii) Monitor the operating parameter established during the performance tests according to the requirements in §§ 63.1450(b) and 63.1452 and collect, reduce, and record the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart. (iii) Conduct subsequent performance tests following your initial performance test no less frequently than once per year according to the performance test procedures in § 63.1450(b). New operating limits may be established during subsequent performance tests as long as the performance tests demonstrate compliance with the emission limits. (b) Copper converter department capture systems. (1) Operate the copper converter department capture system at all times during blowing at or above the lowest values or settings established for the operating limits and demonstrated to achieve the opacity limit according to the applicable requirements of this subpart; (2) Inspect and maintain the copper converter department capture system according to the applicable requirements in § 63.1447 and recording all information needed to document conformance with these requirements; (3) Monitor the copper converter department capture system according to the requirements in § 63.1452(a) and collecting, reducing, and recording the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart; and (4) Conduct subsequent performance tests according to the requirements of § 63.1450(c) following your initial performance test no less frequently than once per year to demonstrate that the opacity of any visible emissions exiting the roof monitors or roof exhaust fans on the building housing the copper converter department does not exceed 4 percent opacity. (c) Baghouses. (1) Maintain the baghouse such that the bag leak detection system alarm does not sound for more than 5 percent of the operating time during any semiannual reporting period. To determine the percent of time the alarm sounded use the procedures in paragraphs (c)(1)(i) through (v) of this section. (i) Alarms that occur due solely to a malfunction of the bag leak detection system are not included in the calculation. (ii) Before November 12, 2024, alarms that occur during startup, shutdown, or malfunction are not included in the calculation if the condition is described in the startup, shutdown, and malfunction plan, and you operated the source during such periods in accordance with § 63.6(e)(1). On or after November 12, 2024, alarms that occur due solely to a malfunction of the bag leak detection system are not included in the calculation. (iii) Count 1 hour of alarm time for each alarm when you initiated procedures to determine the cause of the alarm within 1 hour. (iv) Count the actual amount of time you took to initiate procedures to determine the cause of the alarm if you did not initiate procedures to determine the cause of the alarm within 1 hour of the alarm. (v) Calculate the percentage of time the alarm on the bag leak detection system sounds as the ratio of the sum of alarm times to the total operating time multiplied by 100. (2) Maintain records of the times the bag leak detection system alarm sounded, and for each valid alarm, the time you initiated corrective action, the corrective action(s) taken, and the date on which corrective action was completed. (3) Inspect and maintain each baghouse according to the requirements in § 63.1452(b)(2) and recording all information needed to document conformance with these requirements. If you increase or decrease the sensitivity of the bag leak detection system beyond the limits specified in § 63.1452(b)(1)(vi), you must include a copy of the required written certification by a responsible official in the next semiannual compliance report. (d) Venturi wet scrubbers. (1) Maintain the hourly average pressure drop and scrubber water flow rate at levels no lower than those established during the initial or subsequent performance test; (2) Inspect and maintain each venturi wet scrubber CPMS according to § 63.1452(c) and recording all information needed to document conformance with these requirements; and (3) Collect and reduce monitoring data for pressure drop and scrubber water flow rate according to § 63.1452(e) and recording all information needed to document conformance with these requirements. (e) Other control devices. (1) Maintain the hourly average rate at levels no lower than those established during the initial or subsequent performance test; (2) Inspect and maintain each CPMS operated according to § 63.1452(d) and record all information needed to document conformance with these requirements; and (3) Collect and reduce monitoring data for selected parameters according to § 63.1452(e) and recording all information needed to document conformance with these requirements. (f) Fugitive dust sources. (g) Mercury emissions. (1) Maintain the average concentration of mercury discharged from the facility at or below the emission limit in § 63.1444 monitored by a mercury continuous emissions monitoring system (Hg CEMS). If the Hg CEMS is used, you must demonstrate continuous compliance according to the requirements in paragraphs (g)(1)(i) through (v) of this section. (i) Install and operate a Hg CEMS in accordance with Performance Specification 12A (PS 12A) of appendix B to 40 CFR part 60. (ii) Maintain each Hg CEMS according to the quality assurance requirements in Procedure 5 of appendix F to 40 CFR part 60. The relative accuracy testing of Hg CEMS must be conducted at normal operating conditions. (iii) Use a span value for any Hg CEMS that represents the mercury concentration corresponding to approximately two times the emissions standard and may be rounded up to the nearest multiple of 5 µg/m3 of total mercury or higher level if necessary to include Hg concentrations which may occur. (iv) Determine the average on a 6-hour rolling basis. (v) Install, operate, calibrate, and maintain an instrument for continuously measuring and recording the exhaust gas flow rate to the atmosphere. (2) Monitor the operating parameter established during the performance tests according to the requirements in §§ 63.1450(d) and 63.1452 and collecting, reducing, and recording the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart. (3) Conduct subsequent performance tests following your initial performance test no less frequently than once per year according to the performance test procedures in § 63.1450(d). New operating limits may be established during subsequent performance tests as long as the performance tests demonstrate compliance with the emission limits. (h) Process fugitive filterable particulate matter and lead from roofline vents. (1) Operating parameter. (i) Perform daily VE observations of each roofline vent according to the procedures of Method 22 of appendix A-7 to 40 CFR part 60. You must conduct the Method 22 test while the affected source is operating under normal conditions. The duration of each Method 22 test must be at least 15 minutes. (ii) If VE are observed during any daily test conducted using Method 22 of appendix A-7 to 40 CFR part 60, you must promptly conduct an opacity test, according to the procedures of Method 9 of appendix A-4 to 40 CFR part 60. ASTM D7520-16 (incorporated by reference, see § 63.14) is an acceptable alternative to EPA Method 9 with the specified conditions in § 63.1450(c)(3)(i)(A) through (E). (iii) You may decrease the frequency of Method 22 testing from daily to weekly for a roofline vent if one of the conditions in paragraph (h)(1)(iii)(A) or (B) of this section is met. (A) No VE are observed in 30 consecutive daily Method 22 tests for any roofline vent; or (B) No opacity greater than the site-specific operating limit is observed during any of the tests under Method 9 of appendix A-4 to 40 CFR part 60 for any roofline vent. (iv) If VE are observed during any weekly test and opacity greater than the site-specific operating limit is observed in the subsequent test under Method 9 of appendix A-4 to 40 CFR part 60, you must promptly initiate and complete corrective actions according to your operation, maintenance, and monitoring plan (OM&M) plan, resume testing of that roof vent following Method 22 of appendix A-7 to 40 CFR part 60, on a daily basis, as described in paragraph (h)(1)(i) of this section, and maintain that schedule until one of the conditions in paragraph (h)(1)(iii)(A) or (B) of this section is met, at which time you may again decrease the frequency of Method 22 testing to a weekly basis. (v) If greater than the site-specific opacity operating limit is observed during any test conducted using Method 9 of appendix A-4 to 40 CFR part 60, you must report these deviations by following the requirements in § 63.1455. (2) Monitor the site-specific operating parameter established during the performance tests according to the requirements in § 63.1450(e) for filterable particulate matter and § 63.1450(g) for lead if applicable, and § 63.1452, collect, reduce, and record the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart. (3) Conduct subsequent performance tests following your initial performance test no less frequently than once per year according to the performance test procedures in § 63.1450(e) for filterable particulate matter and § 63.1450(g) for lead if applicable. New operating limits may be established during subsequent performance tests as long as the performance tests demonstrate compliance with the emission limits. (4) For your flash furnace capture system, you must inspect the hooding, walls, and damper quarterly. (5) For your fuming ladle capture system, you must inspect the hooding, walls, and ladle during maintenance periods. (6) For your anode furnace secondary hood capture and control system, you must inspect the hood, walls, and damper during maintenance periods, and operate anode furnace secondary hood system at all times the anode furnaces are operating. (i) Benzene, toluene, chlorine, hydrogen chloride, polycyclic aromatic hydrocarbons excluding naphthalene, naphthalene, and dioxins/furans emissions. (1) You must monitor the site-specific operating parameter established during the performance tests according to the requirements in § 63.1450(f) and collect, reduce, and record the monitoring data for each of the operating limit parameters according to the applicable requirements of this subpart. (2) You must demonstrate continuous compliance by conducting subsequent performance tests following your initial performance test at least once every five years according to the performance test procedures in § 63.1450(f). New operating limits may be established during subsequent performance tests as long as the performance tests demonstrate compliance with the emission limits. § 63.1454 What notifications must I submit and when? (a) You must submit all of the notifications in §§ 63.6(h)(4) and (5), 63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (h) that apply to you by the specified dates. (b) As specified in § 63.9(b)(2), if you start your affected source before June 12, 2002, you must submit your initial notification not later than October 10, 2002, or no later than 120 days after the source becomes subject to this subpart (see § 63.1441), whichever is later. (c) As specified in § 63.9(b)(3), if you start your new affected source on or after June 12, 2002, you must submit your initial notification not later than 120 calendar days after you become subject to this subpart (see § 63.1441). (d) If you are required to conduct a performance test, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7(b)(1). (e) If you are required to conduct a performance test, opacity observation, or other initial compliance demonstration, you must submit a notification of compliance status according to § 63.9(h)(2)(ii) by the date specified in paragraph (e)(1) or (2) of this section as applies to you. (1) For each initial compliance demonstration that does not include a performance test, you must submit the notification of compliance status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration. (2) For each initial compliance demonstration that includes a performance test, you must submit the notification of compliance status, including the performance test results, before the close of business on the 60th calendar day following the completion of the performance test according to § 63.10(d)(2). § 63.1455 What reports must I submit and when? (a) You must submit each report in paragraphs (a)(1) and (2) of this section that applies to you. (1) You must submit a compliance report semiannually according to the requirements in paragraph (b) of this section and containing the information in paragraph (c) of this section. (2) Before November 12, 2024, you must submit an immediate startup, shutdown, and malfunction report if you had a startup, shutdown, or malfunction during the reporting period that is not consistent with your startup, shutdown, and malfunction plan. You must report the actions taken for the event by fax or telephone within 2 working days after starting actions inconsistent with the plan. You must submit the information in § 63.10(d)(5)(ii) by letter within 7 working days after the end of the event unless you have made alternative arrangements with the delegated authority. On or after November 12, 2024, you must report any deviation from an applicable standard in §§ 63.1444, 63.1445, and 63.1446 as part of your semiannual compliance report and include the information required in paragraph (c) of this section. In an event of an emergency situation, you must report the emergency and the actions taken for the event by email or telephone within 2 working days of the time when emissions limitations were exceeded due to the emergency (or an alternate timeframe acceptable to the delegated authority). For the purposes of complying with this paragraph (a)(2), an emergency situation is any situation arising from sudden and reasonably unforeseeable events beyond the control of the facility owner or operator that requires immediate corrective action to restore normal operation, and that causes the affected source to exceed an applicable emissions limitation under this subpart, due to unavoidable increases in emissions attributable to the emergency. An emergency must not include noncompliance to the extent it is caused by improperly designed equipment, lack of preventive maintenance, careless or improper operation, or operator error. You must submit the report within 7 working days after the end of the event unless you have made alternative arrangements with the delegated authority. This report must contain a description of the emergency, any steps take to mitigate the emissions and corrective actions taken. (b) Unless the Administrator has approved a different schedule under § 63.10(a), you must submit each compliance report required in paragraph (a) of this section according to the applicable requirements in paragraphs (b)(1) through (5) of this section following the procedures in § 63.9(k). (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.1443 and ending on June 30 or December 31, whichever date comes first after the compliance date that is specified for your source in § 63.1443. (2) The first compliance report must be delivered no later than July 31 or January 31, whichever date comes first after your first compliance report is due. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be delivered no later than July 31 or January 31, whichever date comes first after the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the delegated authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the delegated authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) Each compliance report must contain the information in paragraphs (c)(1) through (3) of this section and, as applicable, paragraphs (c)(4) through (8) of this section. (1) Company name and address. (2) Statement by a responsible official, as defined in § 63.2, with that official's name, title, and signature, certifying the accuracy and completeness of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) Before November 12, 2024, if you had a startup, shutdown or malfunction during the reporting period and you took actions consistent with your startup, shutdown, and malfunction plan, the compliance report must include the information in § 63.10(d)(5)(i). On or after November 12, 2024, you are not required to have a startup, shutdown, and malfunction plan and you are not required to include in your report the information in § 63.10(d)(5)(i). (5) If there are no deviations from any emission limitations (emission limit, operating limit, opacity limit) that applies to you and there are no deviations from the requirements for work practice standards in this subpart, a statement that there were no deviations from the emission limitations, work practice standards, or operation and maintenance requirements during the reporting period. (6) If there were no periods during which an operating parameter monitoring system was out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during which the monitoring system was out-of-control during the reporting period. (7) For each deviation from an emission limitation (emission limit, operating limit, opacity limit) and for each deviation from the requirements for work practice standards that occurs at an affected source where you are not using a continuous monitoring system to comply with the emission limitations or work practice standards in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (4) of this section and the information in paragraphs (c)(7)(i) and (ii) of this section. (i) The total operating time of each affected source during the reporting period. (ii) Information on the number, date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, the corrective action taken, a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (8) For each deviation from an emission limitation (emission limit, operating limit, opacity limit, and visible emission limit) occurring at an affected source where you are using an operating parameter monitoring system to comply with the emission limitation in this subpart, you must include the information in paragraphs (c)(1) through (4) of this section and the information in paragraphs (c)(8)(i) through (xi) of this section. (i) The cause of each deviations (including unknown cause, if applicable), the corrective action taken, a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (ii) If the monitoring system was inoperative, the date and time that each monitoring system was inoperative, except for zero (low-level) and high-level checks. (iii) If the monitoring system was inoperative, the date, time and duration that each monitoring system was out-of-control, including the information in § 63.8(c)(8). (iv) The number, date and time that each deviation started and stopped. (v) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. (vi) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. (vii) A summary of the total duration of monitoring system downtime during the reporting period and the total duration of monitoring system downtime as a percent of the total source operating time during that reporting period. (viii) A brief description of the process units. (ix) A brief description of the monitoring system. (x) The date of the latest monitoring system certification or audit. (xi) A description of any changes in continuous monitoring systems, processes, or controls since the last reporting period. (d) If you have obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If you submit a compliance report pursuant to paragraph (a) of this section along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limitation (including any operating limit), or work practice requirement in this subpart, submission of the compliance report is deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report does not otherwise affect any obligation you may have to report deviations from permit requirements to the permit authority. (e) Within 60 days after the date of completing each performance test or continuous monitoring system (CMS) performance evaluation (as defined in § 63.2) required by this subpart, the owner or operator must submit the results of the performance test or performance evaluation following the procedures specified in § 63.9(k). (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. § 63.1456 What records must I keep and how long must I keep my records? (a) You must keep the records listed in paragraphs (a)(1) through (8) of this section. (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or notification of compliance status that you submitted, according to the requirements in § 63.10(b)(2)(xiv). (2) Before November 12, 2024, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. On or after November 12, 2024, you are not required to keep the records required in § 63.6(e)(3)(iii) through (v) related to compliance with a startup, shutdown, and malfunction plan. (3) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii). (4) For each monitoring system, you must keep the records specified in paragraphs (a)(4)(i) through (iv) of this section. (i) Records described in § 63.10(b)(2)(vi) through (xi). (ii) Monitoring data recorded by the monitoring system during a performance evaluation as required in § 63.6(h)(7)(i) and (ii). (iii) Before November 12, 2024, previous (i.e., superseded) versions of the performance evaluation plan as required in § 63.8(d)(3). On or after November 12, 2024, you must comply with the requirements in § 63.8(d)(1) and (2). The owner or operator shall keep the written procedures required in § 63.8(d)(1) and (2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous ( i.e., (iv) Before November 12, 2024, records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. On or after November 12, 2024, for each failure to meet an applicable standard, you must record the information in paragraphs (a)(4)(iv)(A) through (D) of this section. Examples of such methods to estimate emissions include product-loss calculations, mass balance calculations, measurements, or engineering judgment based on known process parameters. (A) The occurrence and duration of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment. (B) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time, cause and duration of each failure. (C) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, whether the failure occurred during a period of startup, shutdown or malfunction, actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (D) Record actions taken to minimize emissions in accordance with § 63.1447(a), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (5) For each performance test you conduct to demonstrate compliance with an opacity limit according to § 63.1450(c), you must keep the records specified in paragraphs (a)(5)(i) through (ix) of this section. (i) Dates and time intervals of all opacity observation period segments; (ii) Description of overall smelter operating conditions during each observation period. Identify, if any, the smelter copper production process equipment that was out-of-service during the performance test and explain why this equipment was not in operation; (iii) Name, affiliation, and copy of current visible emission reading certification for each visible emission observer participating in the performance test; (iv) Name, title, and affiliation for each indoor process monitor participating in the performance test; (v) Copies of all visible emission observer opacity field data sheets; (vi) Copies of all indoor process monitor operating log sheets; (vii) Copies of all data summary sheets used for data reduction; (viii) Copy of calculation sheets of the average opacity value used to demonstrate compliance with the opacity limit; and (ix) Documentation according to the requirements in § 63.1450(c)(9)(iv) to support your selection of the site-specific capture system operating limits used for each batch copper converter capture system when blowing. (6) For each baghouse subject to the operating limit in § 63.1444(i) or § 63.1446(c), you must keep the records specified in paragraphs (a)(6)(i) and (ii) of this section. (i) Records of alarms for each bag leak detection system. (ii) Description of the corrective actions taken following each bag leak detection alarm. (7) For each control device other than a baghouse or venturi wet scrubber subject to site-specific operating limits in § 63.1444(k) or § 63.1446(e), you must keep documentation according to the requirements in § 63.1450(a)(5)(iv) to support your selection of the site-specific operating limits for the control device. (8) You must keep records of bypass stack usage, including the flow rate and operating parameter(s). (b) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). (c) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (d) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You can keep the records off site for the remaining 3 years. § 63.1457 What part of the general provisions apply to me? Table 1 to this subpart shows which parts of the general provisions in §§ 63.1 through 63.15 apply to you. § 63.1458 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the United States Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities listed in paragraph (c) of this section are retained by the U.S. EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are as listed in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the emission limitations and work practice standards in §§ 63.1444 through 63.1446 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. § 63.1459 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows: Anode refining department Baghouse Bag leak detection system Batch copper converter Blowing Bypass stack Capture system Charging Control device Converting vessel Copper concentrate dryer Copper concentrate feed Copper converter department Copper matte Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Emission limitation Fugitive dust material Fugitive dust source Holding New copper converter system Opacity Particulate matter Pouring Primary copper smelter Responsible official Roofline vents Secondary gas system Skimming Slag cleaning vessel Smelting vessel TEQ Work practice standard Table 1 to Subpart QQQ of Part 63—Applicability of General Provisions to This Subpart As required in § 63.1457, you must comply with the requirements of the NESHAP General Provisions (subpart A of this part) shown in the following table: Citation Subject Applies to this subpart Explanation § 63.1 Applicability Yes § 63.2 Definitions Yes § 63.3 Units and Abbreviations Yes § 63.4 Prohibited Activities Yes § 63.5 Construction and Reconstruction Yes § 63.6(a) through (d), (e)(iii), and (f)(2) and (3), (g) Compliance with Standards and Maintenance Requirements Yes § 63.6(e)(1)(i) Operation and Maintenance Requirements Yes before November 12, 2024. No on or after November 12, 2024 General duty requirements to minimize emissions at all times are contained in § 63.1447(a). § 63.6(e)(1)(ii) Requirement to correct malfunctions as soon as practicable Yes before November 12, 2024. No on or after November 12, 2024 Malfunctions are no longer exempt. § 63.6(e)(2) Reserved No § 63.6(e)(3) Requirement to develop a startup, shutdown, and malfunction plan Yes before November 12, 2024. No on or after November 12, 2024 Startup, shutdown, and malfunction (SSM) plans are no longer necessary. § 63.6(f)(1) Compliance with nonopacity emission standards during periods of startup, shutdown, and malfunction Yes before November 12, 2024. No on or after November 12, 2024 Source category rules apply at all times. § 63.6(h) Determining compliance with Opacity and VE standards No This subpart specifies the requirements and test protocol used to determine compliance with the opacity limits. § 63.6(i) and (j) Extension of Compliance and Presidential Compliance Exemption Yes § 63.7(a)(1) and (2) Applicability and Performance Test Dates No This subpart specifies performance test applicability and dates. § 63.7(a)(3), (b) through (d), (f) through (h) Performance Testing Requirements Yes § 63.7(e)(1) Performance Testing Yes before November 12, 2024. No on or after November 12, 2024 See §§ 63.1450 and 63.1444. § 63.8 except for (a)(4), (c)(1)(i) and (iii), (c)(4), (d)(3), and (f)(6) Monitoring Requirements Yes § 63.8(a)(4) Additional Monitoring Requirements for Control devices in § 63.11 No This subpart does not require flares. § 63.8(c)(1)(i) and (iii) Operation and Maintenance of and SSM plan for Continuous Monitoring Systems Yes before November 12, 2024. No on or after November 12, 2024 Cross references to the general duty and SSM plan requirements in those paragraphs are no longer necessary. § 63.8(c)(4) Continuous Monitoring System Requirements No This subpart specifies requirements for operation of CMS. § 63.8(d)(3) Quality Control Program Yes before November 12, 2024. No on or after November 12, 2024 See § 63.1456(a)(4)(iii). § 63.8(f)(6) RATA Alternative No This subpart does not require continuous emission monitoring systems. § 63.9 Notification Requirements Yes § 63.9(g)(5) DATA reduction No This subpart specifies data reduction requirements. § 63.10 except for (b)(2)(i), (ii), (iv), (v), and (xiii), (c)(7), (8), and (15), and (d)(5) Recordkeeping and reporting Requirements Yes § 63.10(b)(2)(i) General Recordkeeping Requirements during Startup and Shutdown Yes before November 12, 2024. No on or after November 12, 2024 No longer necessary because recordkeeping and reporting applicable to normal operations will apply to startup and shutdown. § 63.10(b)(2)(ii) General Recordkeeping Requirements during Startup, Shutdown, and Malfunction and Failures to Meet Standards Yes before November 12, 2024. No on or after November 12, 2024 See § 63.1456(a)(4)(iv) for recordkeeping requirements for a deviation from a standard. § 63.10(b)(2)(iv) Actions Taken to Minimize Emissions during Startup, Shutdown, and Malfunction Yes before November 12, 2024. No on or after November 12, 2024 See § 63.1456 for the recordkeeping requirements of actions taken to minimize emissions and record corrective actions. § 63.10(b)(2)(v) Actions Taken to Minimize Emissions during Startup, Shutdown, and Malfunction Yes before November 12, 2024. No on or after November 12, 2024 Requirements to document that actions taken during SSM events are consistent with SSM plan are no longer required. § 63.10(b)(2)(xiii) CMS Records for RATA Alternative No This subpart does not require continuous emission monitoring systems. § 63.10(c)(7)-(8) Records of Excess Emissions and Parameter Monitoring Exceedances for CMS No This subpart specifies record keeping requirements. § 63.10(c)(15) Use of SSM Plan Yes before November 12, 2024. No on or after November 12, 2024 This provision would be eliminated because it referenced the source's SSM plan, which is no longer required. § 63.10(d)(5) SSM Reporting and Recordkeeping Requirements Yes before November 12, 2024. No on or after November 12, 2024 See §§ 63.1455(c)(4) and 63.1456. § 63.11 Control Device Requirements No This subpart does not require flares. § 63.12 State Authority and Delegations Yes §§ 63.13 through 63.16 Addresses, Incorporation by Reference, Availability of Information, Performance Track Provisions Yes Table 2 to Subpart QQQ of Part 63—Non-Mercury HAP Emission Limits As required in § 63.1444(o), you must meet each emission limit in the following table that applies to you. For. . . You must meet the following emission limit Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Benzene emissions must not exceed 1.7E-03 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Toluene emissions must not exceed 8.4E-04 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Chlorine emissions must not exceed 5.4E-03 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Hydrogen chloride emissions must not exceed 1.5E-03 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Polycyclic aromatic hydrocarbons (excluding naphthalene) emissions must not exceed 1.0E-04 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Naphthalene emissions must not exceed 2.8E-04 lb/ton copper concentrate feed charged to the smelting vessel. Each new and existing combination of stacks or other vents from the copper concentrate dryers, converting department, the anode refining department, and the smelting vessels Dioxins/Furans emissions 1 1 Table 3 to Subpart QQQ of Part 63—2010 Toxic Equivalency Factors (TEFs) Table 3 to Subpart QQQ of Part 63—2010 Toxic Equivalency Factors (TEFs) Congener TEF 2,3,7,8-Te CDD 1 1,2,3,7,8-Pe CDD 1 1,2,3,4,7,8-HxCDD 0.1 1,2,3,6,7,8-HxCDD 0.1 1,2,3,7,8,9-HxCDD 0.1 1,2,3,4,6,7,8-HpCDD 0.01 OCDD 0.0003 2,3,7,8-Te CDF 0.1 1,2,3,7,8-Pe CDF 0.03 2,3,4,7,8-Pe CDF 0.3 1,2,3,4,7,8-HxCDF 0.1 1,2,3,6,7,8-HxCDF 0.1 2,3,4,6,7,8-HxCDF 0.1 1,2,3,7,8,9-HxCDF 0.1 1,2,3,4,6,7,8-HpCDF 0.01 1,2,3,4,7,8,9-HpCDF 0.01 OCDF 0.0003 Table 4 to Subpart QQQ of Part 63—Compliance Dates for Amendments Being Promulgated on May 13, 2024 Table 4 to Subpart QQQ of Part 63—Compliance Dates for Amendments Being Promulgated on May 13, 2024 If the construction/reconstruction date is . . . Then the owner or operator must comply with . . . And the owner or operator must achieve compliance . . . On or before January 11, 2022 Requirements for existing sources in §§ 63.1444(f)(2) and (3), (l); 63.1446; 63.1449; 1 On or before May 13, 2025. Requirements for existing sources in §§ 63.1444(h); 63.1449; 1 On or before May 13, 2026. After January 11, 2022 Requirements for new sources in §§ 63.1444(e)(1) and (2), (f)(2) and (3), (h), (m); 63.1446; 63.1449; 1 Upon initial startup or May 13, 2024, whichever is later. On or before July 24, 2023 Requirements for existing sources in §§ 63.1444(g); 63.1449; 1 On or before May 13, 2027. Requirements for existing sources in §§ 63.1444(o); 63.1449; 1 On or before May 13, 2025. Requirements for existing sources in §§ 63.1444(q); 63.1449; 1 On or before November 12, 2024. After July 24, 2023 Requirements for new sources in §§ 63.1444(o), (q); 63.1449; 1 Upon initial startup or May 13, 2024, whichever is later. On or before May 13, 2024 Requirements for existing sources in §§ 63.1444(p); 63.1449; 1 On or before May 13, 2027. 1 Figure 1 to Subpart QQQ of Part 63—Data Summary Sheet for Determination of Average Opacity Figure 1 to Subpart QQQ of Part 63—Data Summary Sheet for Determination of Average Opacity Clock time Number of converters blowing Converter aisle activity Average opacity for Visible emissions interference observed during 1-minute interval? Average opacity for 1-minute interval blowing without visible emission interferences Subpart RRR—National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production Source: 65 FR 15710, Mar. 23, 2000, unless otherwise noted. General § 63.1500 Applicability. (a) The requirements of this subpart apply to the owner or operator of each secondary aluminum production facility as defined in § 63.1503. (b) The requirements of this subpart apply to the following affected sources, located at a secondary aluminum production facility that is a major source of hazardous air pollutants (HAPs) as defined in § 63.2: (1) Each new and existing aluminum scrap shredder; (2) Each new and existing thermal chip dryer; (3) Each new and existing scrap dryer/delacquering kiln/decoating kiln; (4) Each new and existing group 2 furnace; (5) Each new and existing sweat furnace; (6) Each new and existing dross-only furnace; (7) Each new and existing rotary dross cooler; and (8) Each new and existing secondary aluminum processing unit. (c) The requirements of this subpart pertaining to dioxin and furan (D/F) emissions and associated operating, monitoring, reporting and recordkeeping requirements apply to the following affected sources, located at a secondary aluminum production facility that is an area source of HAPs as defined in § 63.2: (1) Each new and existing thermal chip dryer; (2) Each new and existing scrap dryer/delacquering kiln/decoating kiln; (3) Each new and existing sweat furnace; (4) Each new and existing secondary aluminum processing unit, containing one or more group 1 furnace emission units processing other than clean charge. (d) The requirements of this subpart do not apply to facilities and equipment used for research and development that are not used to produce a saleable product. (e) If you are an owner or operator of an area source subject to this subpart, you are exempt from the obligation to obtain a permit under 40 CFR part 70 or 71, provided you are not required to obtain a permit under 40 CFR 70.3(a) or 71.3(a) for a reason other than your status as an area source under this subpart. Notwithstanding the previous sentence, you must continue to comply with the provisions of this subpart applicable to area sources. (f) An aluminum die casting facility, aluminum foundry, or aluminum extrusion facility shall be considered to be an area source if it does not emit, or have the potential to emit considering controls, 10 tons per year or more of any single listed HAP or 25 tons per year of any combination of listed HAP from all emission sources which are located in a contiguous area and under common control, without regard to whether or not such sources are regulated under this subpart or any other subpart. In the case of an aluminum die casting facility, aluminum foundry, or aluminum extrusion facility which is an area source and is subject to regulation under this subpart only because it operates a thermal chip dryer, no furnace operated by such a facility shall be deemed to be subject to the requirements of this subpart if it melts only clean charge, internal scrap, or customer returns. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79814, Dec. 30, 2002; 70 FR 75346, Dec. 19, 2005] § 63.1501 Dates. (a) An affected source constructed before February 11, 1999, must comply with the requirements of this subpart by March 24, 2003, except as provided in paragraphs (b) and (c). (b) The owner or operator of an affected source constructed before February 14, 2012, must comply with the following requirements of this subpart by March 16, 2016: § 63.1505(k) introductory text, (k)(1) through (k)(5), other than the emission standards for HF in (k)(2); § 63.1506 (a)(1), (c)(1), (g)(5), (k)(3), (m)(4), (m)(7), (n)(1); § 63.1510 (b)(5), (b)(9), (d)(2), (d)(3),(f)(1)(ii), (i)(4), (j)(4), (n)(1), (o)(1), (o)(1)(ii), (s)(2)(iv), (t) introductory text, (t)(2)(i), (t)(2)(ii), (t)(4), (t)(5); § 63.1511(a) introductory text, (b) introductory text, (b)(1), (b)(3), (b)(6), (c)(9), (g)(5); § 63.1512(e)(1), (e)(2), (e)(3), (h)(2), (j), (j)(1)(i), (j)(2)(i), (o) introductory text, (o)(1), (o)(3), (p)(2); § 63.1513 (b)(1), (e)(1), (e)(2), (e)(3), (f); § 63.1516 (b) introductory text, (b)(2)(vii), (b)(3)(i); § 63.1517(b)(1)(iii), (b)(4)(ii), (b)(14), (b)(19). (c) The owner or operator of an affected source constructed before February 14, 2012, must comply with the following requirements of this subpart by September 18, 2017: § 63.1505(i)(4) and (k)(2) emission standards for HF; § 63.1512(e)(4) through (7) requirements for testing existing uncontrolled group 1 furnaces (that is, group 1 furnaces without add-on air pollution control devices); and § 63.1514 requirements for change of furnace classification. (d) An affected source that commenced construction or reconstruction after February 11, 1999 but before February 14, 2012 must comply with the requirements of this subpart by March 24, 2000 or upon startup, whichever is later, except as provided in paragraphs (b), (c), (e), and (f) of this section. (e) The owner or operator of an affected source that commences construction or reconstruction after February 14, 2012, must comply with all the requirements of this subpart by September 18, 2015 or upon startup, whichever is later. (f) The owner or operator of any affected source which is constructed or reconstructed after February 11, 1999, but before February 14, 2012 at any existing aluminum die casting facility, aluminum foundry, or aluminum extrusion facility which otherwise meets the applicability criteria set forth in § 63.1500 must comply with the requirements of this subpart by March 24, 2003 or upon startup, whichever is later, except as provided in paragraphs (b) and (c) of this section. The owner or operator of any affected source which is constructed or reconstructed after February 14, 2012, at any existing aluminum die casting facility, aluminum foundry, or aluminum extrusion facility which otherwise meets the applicability criteria set forth in § 63.1500 must comply with the requirements by September 18, 2015 or upon startup, whichever is later. [80 FR 56738, Sept. 18, 2015] § 63.1502 [Reserved] § 63.1503 Definitions. Terms used in this subpart are defined in the Clean Air Act as amended (CAA), in § 63.2, or in this section as follows: ACGIH Guidelines Industrial Ventilation: A Manual of Recommended Practice Industrial Ventilation: A Manual of Recommended Practice for Design Add-on air pollution control device Afterburner Aluminum scrap i.e., Aluminum scrap shredder scrap dryer/delacquering kiln/decoating kiln, bale breaker aluminum scrap shredder. Bag leak detection system i.e., bag leak detection system Bale breaker Capture and collection system Chips 1/4 Clean charge Cover flux group 1 group 2 furnace, Customer returns i.e., D/F Dioxins and furans Dross Dross-only furnace Emission unit group 1 furnace in-line fluxer secondary aluminum production facility. Fabric filter Feed/charge feed/charge feed/charge Fluxing Fluxing in-line fluxer. Furnace hearth Group 1 furnace reactive fluxing, clean charge reactive fluxing. Group 2 furnace clean charge fluxing fluxing HCl HF In-line fluxer Internal scrap Lime Lime-injection fabric filter. Melting/holding furnace group 1 furnace clean charge, Operating cycle operating cycle PM Pollution prevention Reactive fluxing Reconstruction emission unit reconstruction. in-line fluxer e.g., reconstruction. In-line fluxers in-line fluxer reconstruction. Residence time afterburner, afterburner Residence time afterburner Rotary dross cooler Round top furnace Runaround scrap runaround scrap. Scrap dryer/delacquering kiln/decoating kiln aluminum scrap Secondary aluminum processing unit (SAPU). Secondary aluminum production facility clean charge, aluminum scrap, i.e., secondary aluminum production facility clean charge, secondary aluminum production facility Shutdown e.g. Sidewell Startup Sweat furnace Tap TEQ THC Thermal chip dryer Three-day, 24-hour rolling average secondary aluminum processing unit. Total reactive chlorine flux injection rate Total reactive fluorine flux injection rate [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79814, Dec. 30, 2002; 69 FR 18803, Apr. 9, 2004; 69 FR 53984, Sept. 3, 2004; 70 FR 57517, Oct. 3, 2005; 80 FR 56738, Sept. 18, 2015] § 63.1504 [Reserved] Emission Standards and Operating Requirements § 63.1505 Emission standards for affected sources and emission units. (a) Summary (b) Aluminum scrap shredder. (1) Emissions in excess of 0.023 grams (g) of PM per dry standard cubic meter (dscm) (0.010 grain (gr) of PM per dry standard cubic foot (dscf)); and (2) Visible emissions (VE) in excess of 10 percent opacity from any PM add-on air pollution control device if a continuous opacity monitor (COM) or visible emissions monitoring is chosen as the monitoring option. (c) Thermal chip dryer. (1) 0.40 kilogram (kg) of THC, as propane, per megagram (Mg) (0.80 lb of THC, as propane, per ton) of feed/charge from a thermal chip dryer at a secondary aluminum production facility that is a major source; and (2) 2.50 micrograms (µg) of D/F TEQ per Mg (3.5 × 10 −5 (d) Scrap dryer/delacquering kiln/decoating kiln. (1) The owner or operator of a scrap dryer/delacquering kiln/decoating kiln must not discharge or cause to be discharged to the atmosphere emissions in excess of: (i) 0.03 kg of THC, as propane, per Mg (0.06 lb of THC, as propane, per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source; (ii) 0.04 kg of PM per Mg (0.08 lb per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source; (iii) 0.25 µg of D/F TEQ per Mg (3.5 × 10 −6 (iv) 0.40 kg of HCl per Mg (0.80 lb per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source. (2) The owner or operator of a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source must not discharge or cause to be discharged to the atmosphere visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device if a COM is chosen as the monitoring option. (e) Scrap dryer/delacquering kiln/decoating kiln: alternative limits. (1) The owner or operator of a scrap dryer/delacquering kiln/decoating kiln must not discharge or cause to be discharged to the atmosphere emissions in excess of: (i) 0.10 kg of THC, as propane, per Mg (0.20 lb of THC, as propane, per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source; (ii) 0.15 kg of PM per Mg (0.30 lb per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source; (iii) 5.0 µg of D/F TEQ per Mg (7.0 × 10 −5 (iv) 0.75 kg of HCl per Mg (1.50 lb per ton) of feed/charge from a scrap dryer/delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source. (2) The owner or operator of a scrap dryer/ delacquering kiln/decoating kiln at a secondary aluminum production facility that is a major source must not discharge or cause to be discharged to the atmosphere visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device if a COM is chosen as the monitoring option. (f) Sweat furnace. (1) The owner or operator is not required to conduct a performance test to demonstrate compliance with the emission standard of paragraph (f)(2) of this section, provided that, on and after the compliance date of this rule, the owner or operator operates and maintains an afterburner with a design residence time of 0.8 seconds or greater and an operating temperature of 1600 °F or greater. (2) On and after the compliance date established by § 63.1501, the owner or operator of a sweat furnace at a secondary aluminum production facility that is a major or area source must not discharge or cause to be discharged to the atmosphere emissions in excess of 0.80 nanogram (ng) of D/F TEQ per dscm (3.5 × 10 −10 2 (g) Dross-only furnace. (1) Emissions in excess of 0.15 kg of PM per Mg (0.30 lb of PM per ton) of feed/charge. (2) Visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device if a COM is chosen as the monitoring option. (h) Rotary dross cooler. (1) Emissions in excess of 0.09 g of PM per dscm (0.04 gr per dscf). (2) Visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device if a COM is chosen as the monitoring option. (i) Group 1 furnace. (1) 0.20 kg of PM per Mg (0.40 lb of PM per ton) of feed/charge from a group 1 furnace, that is not a melting/holding furnace processing only clean charge, at a secondary aluminum production facility that is a major source; (2) 0.40 kg of PM per Mg (0.80 lb of PM per ton) of feed/charge from a group 1 melting/holding furnace processing only clean charge at a secondary aluminum production facility that is a major source; (3) 15 µg of D/F TEQ per Mg (2.1 × 10 −4 (4) 0.20 kg of HF per Mg (0.40 lb of HF per ton) of feed/charge from an uncontrolled group 1 furnace and 0.20 kg of HCl per Mg (0.40 lb of HCl per ton) of feed/charge or, if the furnace is equipped with an add-on air pollution control device, 10 percent of the uncontrolled HCl emissions, by weight, for a group 1 furnace at a secondary aluminum production facility that is a major source. (5) The owner or operator of a group 1 furnace at a secondary aluminum production facility that is a major source must not discharge or cause to be discharged to the atmosphere visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device if a COM is chosen as the monitoring option. (6) The owner or operator may determine the emission standards for a SAPU by applying the group 1 furnace limits on the basis of the aluminum production weight in each group 1 furnace, rather than on the basis of feed/charge. (7) The owner or operator of a sidewell group 1 furnace that conducts reactive fluxing (except for cover flux) in the hearth, or that conducts reactive fluxing in the sidewell at times when the level of molten metal falls below the top of the passage between the sidewell and the hearth, must comply with the emission limits of paragraphs (i)(1) through (4) of this section on the basis of the combined emissions from the sidewell and the hearth. (j) In-line fluxer. (1) 0.02 kg of HCl per Mg (0.04 lb of HCl per ton) of feed/charge; (2) 0.005 kg of PM per Mg (0.01 lb of PM per ton) of feed/charge. (3) The emission limits in paragraphs (j)(1) and (j)(2) of this section do not apply to an in-line fluxer that uses no reactive flux materials. (4) The owner or operator of an in-line fluxer at a secondary aluminum production facility that is a major source must not discharge or cause to be discharged to the atmosphere visible emissions in excess of 10 percent opacity from any PM add-on air pollution control device used to control emissions from the in-line fluxer, if a COM is chosen as the monitoring option. (5) The owner or operator may determine the emission standards for a SAPU by applying the in-line fluxer limits on the basis of the aluminum production weight in each in-line fluxer, rather than on the basis of feed/charge. (k) Secondary aluminum processing unit (1) The owner or operator must not discharge or allow to be discharged to the atmosphere any 3-day, 24-hour rolling average emissions of PM in excess of: Where: L tiPM T ti L cPM Note: In-line fluxers using no reactive flux materials cannot be included in this calculation since they are not subject to the PM limit. (2) The owner or operator must not discharge or allow to be discharged to the atmosphere any 3-day, 24-hour rolling average emissions of HCl or HF in excess of: Where: L tiHCl/HF L cHCl/HF Note: Only uncontrolled group 1 furnaces are included in this HF limit calculation. In-line fluxers using no reactive flux materials cannot be included in this calculation since they are not subject to the HCl or HF limit. (3) The owner or operator must not discharge or allow to be discharged to the atmosphere any 3-day, 24-hour rolling average emissions of D/F in excess of: Where: L tiD/F L cD/F Note: Clean charge furnaces cannot be included in this calculation since they are not subject to the D/F limit. (4) The owner or operator of a SAPU at a secondary aluminum production facility that is a major source may demonstrate compliance with the emission limits of paragraphs (k)(1) through (3) of this section by demonstrating that each emission unit within the SAPU is in compliance with the applicable emission limits of paragraphs (i) and (j) of this section. (5) The owner or operator of a SAPU at a secondary aluminum production facility that is an area source may demonstrate compliance with the emission limits of paragraph (k)(3) of this section by demonstrating that each emission unit within the SAPU is in compliance with the emission limit of paragraph (i)(3) of this section. (6) With the prior approval of the permitting authority for major sources, or the Administrator for area sources, an owner or operator may redesignate any existing group 1 furnace or in-line fluxer at a secondary aluminum production facility as a new emission unit. Any emission unit so redesignated may thereafter be included in a new SAPU at that facility. Any such redesignation will be solely for the purpose of this NESHAP and will be irreversible. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 67 FR 79816, Dec. 30, 2002; 70 FR 57517, Oct. 3, 2005; 80 FR 56739, Sept. 18, 2015] § 63.1506 Operating requirements. (a) Summary. (2) The owner or operator of an existing sweat furnace that meets the specifications of § 63.1505(f)(1) must operate the sweat furnace and control equipment according to the requirements of this section on and after the compliance date of this standard. (3) The owner or operator of a new sweat furnace that meets the specifications of § 63.1505(f)(1) must operate the sweat furnace and control equipment according to the requirements of this section by March 23, 2000 or upon startup, whichever is later. (4) Operating requirements are summarized in Table 2 to this subpart. (5) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (b) Labeling. (1) The type of affected source or emission unit ( e.g., (2) The applicable operational standard(s) and control method(s) (work practice or control device). This includes, but is not limited to, the type of charge to be used for a furnace ( e.g. (3) The afterburner operating temperature and design residence time for a scrap dryer/delacquering kiln/decoating kiln. (c) Capture/collection systems. (1) Design and install a system for the capture and collection of emissions to meet the engineering standards for minimum exhaust rates or facial inlet velocities as contained in the ACGIH Guidelines (incorporated by reference, see § 63.14); (2) Vent captured emissions through a closed system, except that dilution air may be added to emission streams for the purpose of controlling temperature at the inlet to a fabric filter; and (3) Operate each capture/collection system according to the procedures and requirements in the OM&M plan. (4) In lieu of paragraph (c)(1) of this section, the owner or operator of a sweat furnace may design, install and operate each sweat furnace in accordance with paragraphs (c)(4)(i) through (iii) of this section. (i) As demonstrated by an annual negative air flow test conducted in accordance with § 63.1510(d)(3), air flow must be into the sweat furnace or towards the plane of the sweat furnace opening. (ii) The owner or operator must maintain and operate the sweat furnace in a manner consistent with the good practices requirements for minimizing emissions, including unmeasured emissions, in paragraph (a)(5) of this section. Procedures that will minimize unmeasured emissions may include, but are not limited to the following: (A) Increasing the exhaust rate from the furnace with draft fans, so as to capture emissions that might otherwise escape from the sweat furnace opening; (B) Minimizing the time the sweat furnace doors are open; (C) Keeping building doors and other openings closed to the greatest extent possible to minimize drafts that would divert emissions from being drawn into the sweat furnace; (D) Maintaining burners on low-fire or pilot operation while the doors are open; (E) Conducting periodic inspections and maintenance of sweat furnace components to ensure their proper operation and performance including but not limited to, door assemblies, seals, combustion chamber refractory material, afterburner and stack refractory, blowers, fans, dampers, burner tubes, door raise cables, pilot light assemblies, baffles, sweat furnace and afterburner shells and other internal structures. (iii) The owner or operator must document in their operation, maintenance, and monitoring (OM&M) plan the procedures to be used to minimize emissions, including unmeasured emissions, in addition to the procedures to ensure the proper operation and maintenance of the sweat furnace. (d) Feed/charge weight. (1) Except as provided in paragraph (d)(3) of this section, install and operate a device that measures and records or otherwise determine the weight of feed/charge (or throughput) for each operating cycle or time period used in the performance test; and (2) Operate each weight measurement system or other weight determination procedure in accordance with the OM&M plan. (3) The owner or operator may chose to measure and record aluminum production weight from an affected source or emission unit rather than feed/charge weight to an affected source or emission unit, provided that: (i) The aluminum production weight, rather than feed/charge weight is measured and recorded for all emission units within a SAPU; and (ii) All calculations to demonstrate compliance with the emission limits for SAPUs are based on aluminum production weight rather than feed/charge weight. (e) Aluminum scrap shredder. (1) If a bag leak detection system is used to meet the monitoring requirements in § 63.1510, the owner or operator must: (i) Initiate corrective action within 1-hour of a bag leak detection system alarm and complete the corrective action procedures in accordance with the OM&M plan. (ii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (2) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, the owner or operator must initiate corrective action within 1-hour of any 6-minute average reading of 5 percent or more opacity and complete the corrective action procedures in accordance with the OM&M plan. (3) If visible emission observations are used to meet the monitoring requirements in § 63.1510, the owner or operator must initiate corrective action within 1-hour of any observation of visible emissions during a daily visible emissions test and complete the corrective action procedures in accordance with the OM&M plan. (f) Thermal chip dryer. (1) Maintain the 3-hour block average operating temperature of each afterburner at or above the average temperature established during the performance test. (2) Operate each afterburner in accordance with the OM&M plan. (3) Operate each thermal chip dryer using only unpainted aluminum chips as the feedstock. (g) Scrap dryer/delacquering kiln/decoating kiln. (1) For each afterburner, (i) Maintain the 3-hour block average operating temperature of each afterburner at or above the average temperature established during the performance test. (ii) Operate each afterburner in accordance with the OM&M plan. (2) If a bag leak detection system is used to meet the fabric filter monitoring requirements in § 63.1510, (i) Initiate corrective action within 1-hour of a bag leak detection system alarm and complete any necessary corrective action procedures in accordance with the OM&M plan. (ii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (3) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, initiate corrective action within 1-hour of any 6-minute average reading of 5 percent or more opacity and complete the corrective action procedures in accordance with the OM&M plan. (4) Maintain the 3-hour block average inlet temperature for each fabric filter at or below the average temperature established during the performance test, plus 14 °C (plus 25 °F). (5) For a continuous injection device, maintain free-flowing lime in the hopper to the feed device at all times and maintain the lime feeder setting at or above the level established during the performance test. (h) Sweat furnace. (1) Maintain the 3-hour block average operating temperature of each afterburner at or above: (i) The average temperature established during the performance test; or (ii) 1600 °F if a performance test was not conducted, and the afterburner meets the specifications of § 63.1505(f)(1). (2) Operate each afterburner in accordance with the OM&M plan. (i) Dross-only furnace. (1) If a bag leak detection system is used to meet the monitoring requirements in § 63.1510, (i) Initiate corrective action within 1-hour of a bag leak detection system alarm and complete the corrective action procedures in accordance with the OM&M plan. (ii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (2) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, initiate corrective action within 1-hour of any 6-minute average reading of 5 percent or more opacity and complete the corrective action procedures in accordance with the OM&M plan. (3) Operate each furnace using dross and salt flux as the sole feedstock. (j) Rotary dross cooler. (1) If a bag leak detection system is used to meet the monitoring requirements in § 63.1510, (i) Initiate corrective action within 1-hour of a bag leak detection system alarm and complete the corrective action procedures in accordance with the OM&M plan. (ii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (2) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, initiate corrective action within 1 hour of any 6-minute average reading of 5 percent or more opacity and complete the corrective action procedures in accordance with the OM&M plan. (k) In-line fluxer. (1) If a bag leak detection system is used to meet the monitoring requirements in § 63.1510, (i) Initiate corrective action within 1-hour of a bag leak detection system alarm and complete the corrective action procedures in accordance with the OM&M plan. (ii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (2) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, initiate corrective action within 1 hour of any 6-minute average reading of 5 percent or more opacity and complete the corrective action procedures in accordance with the OM&M plan. (3) For a continuous injection system, maintain free-flowing lime in the hopper to the feed device at all times and maintain the lime feeder setting at or above the level established during the performance test. (4) Maintain the total reactive chlorine flux injection rate for each operating cycle or time period used in the performance test at or below the average rate established during the performance test. (l) In-line fluxer using no reactive flux material. (m) Group 1 furnace with add-on air pollution control devices. (1) If a bag leak detection system is used to meet the monitoring requirements in § 63.1510, the owner or operator must: (i) Initiate corrective action within 1 hour of a bag leak detection system alarm. (ii) Complete the corrective action procedures in accordance with the OM&M plan. (iii) Operate each fabric filter system such that the bag leak detection system alarm does not sound more than 5 percent of the operating time during a 6-month block reporting period. In calculating this operating time fraction, if inspection of the fabric filter demonstrates that no corrective action is required, no alarm time is counted. If corrective action is required, each alarm shall be counted as a minimum of 1 hour. If the owner or operator takes longer than 1 hour to initiate corrective action, the alarm time shall be counted as the actual amount of time taken by the owner or operator to initiate corrective action. (2) If a continuous opacity monitoring system is used to meet the monitoring requirements in § 63.1510, the owner or operator must: (i) Initiate corrective action within 1 hour of any 6-minute average reading of 5 percent or more opacity; and (ii) Complete the corrective action procedures in accordance with the OM&M plan. (3) Maintain the 3-hour block average inlet temperature for each fabric filter at or below the average temperature established during the performance test, plus 14 °C (plus 25 °F). (4) For a continuous lime injection system, maintain free-flowing lime in the hopper to the feed device at all times and maintain the lime feeder setting at or above the level established during the performance test. (5) Maintain the total reactive chlorine flux injection rate for each operating cycle or time period used in the performance test at or below the average rate established during the performance test. (6) Operate each sidewell furnace such that: (i) The level of molten metal remains above the top of the passage between the sidewell and hearth during reactive flux injection, unless emissions from both the sidewell and the hearth are included in demonstrating compliance with all applicable emission limits. (ii) Reactive flux is added only in the sidewell, unless emissions from both the sidewell and the hearth are included in demonstrating compliance with all applicable emission limits. (7) The operation of capture/collection systems and control devices associated with natural gas-fired, propane-fired or electrically heated group 1 furnaces that will be idled for at least 24 hours after the furnace cycle has been completed may be temporarily stopped. Operation of these capture/collection systems and control devices must be restarted before feed/charge, flux or alloying materials are added to the furnace. (n) Group 1 furnace without add-on air pollution control devices. (1) Maintain the total reactive chlorine flux injection rate and fluorine flux injection rate for each operating cycle or time period used in the performance test, at or below the average rate established during the performance test. (2) Operate each furnace in accordance with the work practice/pollution prevention measures documented in the OM&M plan and within the parameter values or ranges established in the OM&M plan. (3) Operate each group 1 melting/holding furnace subject to the emission standards in § 63.1505(i)(2) using only clean charge as the feedstock. (o) Group 2 furnace. (1) Operate each furnace using only clean charge as the feedstock. (2) Operate each furnace using no reactive flux. (p) Corrective action. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 67 FR 79816, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56740, Sept. 18, 2015] §§ 63.1507-63.1509 [Reserved] Monitoring and Compliance Requirements § 63.1510 Monitoring requirements. (a) Summary. (1) The OM&M plan required in paragraph (b) of this section pertaining to each affected source listed in § 63.1500(c)(1) through (4) of this subpart, (2) The labeling requirements described in paragraph (c) of this section pertaining to group 1 furnaces processing other than clean charge, and scrap dryer/delacquering kiln/decoating kilns, (3) The requirements for capture and collection described in paragraph (d) of this section for each controlled affected source ( i.e. (4) The feed/charge weight monitoring requirements described in paragraph (e) of this section applicable to group 1 furnaces processing other than clean charge, scrap dryer/delacquering kiln/decoating kilns and thermal chip dryers, (5) The bag leak detection system requirements described in paragraph (f) of this section applicable to all bag leak detection systems installed on fabric filters and lime injected fabric filters used to control each affected source listed in § 63.1500(c)(1)-(4) of this subpart, (6) The requirements for afterburners described in paragraph (g) of this section applicable to sweat furnaces, thermal chip dryers, and scrap dryer/delacquering kiln/decoating kilns, (7) The requirements for monitoring fabric filter inlet temperature described in paragraph (h) of this section for all lime injected fabric filters used to control group 1 furnaces processing other than clean charge, sweat furnaces and scrap dryer/delacquering kiln/decoating kilns, (8) The requirements for monitoring lime injection described in paragraph (i) of this section applicable to all lime injected fabric filters used to control emissions from group 1 furnaces processing other than clean charge, thermal chip dryers, sweat furnaces and scrap dryer/delacquering kiln/decoating kilns, (9) The requirements for monitoring total reactive flux injection described in paragraph (j) of this section for all group 1 furnaces processing other than clean charge, (10) The requirements described in paragraph (k) of this section for thermal chip dryers, (11) The requirements described in paragraph (n) of this section for controlled group 1 sidewell furnaces processing other than clean charge, (12) The requirements described in paragraph (o) of this section for uncontrolled group 1 sidewell furnaces processing other than clean charge, (13) The requirements described in paragraph (p) of this section for scrap inspection programs for uncontrolled group 1 furnaces, (14) The requirements described in paragraph (q) of this section for monitoring scrap contamination level for uncontrolled group 1 furnaces, (15) The requirements described in paragraph (s) of this section for secondary aluminum processing units, limited to compliance with limits for emissions of D/F from group 1 furnaces processing other than clean charge, (16) The requirements described in paragraph (t) of this section for secondary aluminum processing units limited to compliance with limits for emissions of D/F from group 1 furnaces processing other than clean charge, (17) The requirements described in paragraph (u) of this section for secondary aluminum processing units limited to compliance with limits for emissions of D/F from group 1 furnaces processing other than clean charge, (18) The requirements described in paragraph (v) of this section for alternative lime addition monitoring methods applicable to lime-injected fabric filters used to control emissions from group 1 furnaces processing other than clean charge, thermal chip dryers, sweat furnaces and scrap dryer/delacquering kiln/decoating kilns, and (19) The requirements described in paragraph (w) of this section for approval of alternate methods for monitoring group 1 furnaces processing other than clean charge, thermal chip dryers, scrap dryer/delacquering kiln/decoating kilns and sweat furnaces and associated control devices for the control of D/F emissions. (b) Operation, maintenance, and monitoring (OM&M) plan. (1) Process and control device parameters to be monitored to determine compliance, along with established operating levels or ranges, as applicable, for each process and control device. (2) A monitoring schedule for each affected source and emission unit. (3) Procedures for the proper operation and maintenance of each process unit and add-on control device used to meet the applicable emission limits or standards in § 63.1505. (4) Procedures for the proper operation and maintenance of monitoring devices or systems used to determine compliance, including: (i) Calibration and certification of accuracy of each monitoring device, at least once every 6 months, according to the manufacturer's instructions; and (ii) Procedures for the quality control and quality assurance of continuous emission or opacity monitoring systems as required by the general provisions in subpart A of this part. (5) Procedures for monitoring process and control device parameters, including lime injection rates, procedures for annual inspections of afterburners, and if applicable, the procedure to be used for determining charge/feed (or throughput) weight if a measurement device is not used. (6) Corrective actions to be taken when process or operating parameters or add-on control device parameters deviate from the value or range established in paragraph (b)(1) of this section, including: (i) Procedures to determine and record the cause of any deviation or excursion, and the time the deviation or excursion began and ended; and (ii) Procedures for recording the corrective action taken, the time corrective action was initiated, and the time/date corrective action was completed. (7) A maintenance schedule for each process and control device that is consistent with the manufacturer's instructions and recommendations for routine and long-term maintenance. (8) Documentation of the work practice and pollution prevention measures used to achieve compliance with the applicable emission limits and a site-specific monitoring plan as required in paragraph (o) of this section for each group 1 furnace not equipped with an add-on air pollution control device. (9) Procedures to be followed when changing furnace classifications under the provisions of § 63.1514. (c) Labeling. (d) Capture/collection system. (1) Install, operate, and maintain a capture/collection system for each affected source and emission unit equipped with an add-on air pollution control device; and (2) Inspect each capture/collection and closed vent system at least once each calendar year to ensure that each system is operating in accordance with the operating requirements in § 63.1506(c) and record the results of each inspection. This inspection shall include a volumetric flow rate measurement taken at a location in the ductwork downstream of the hoods that is representative of the actual volumetric flow rate without interference due to leaks, ambient air added for cooling or ducts from other hoods. The flow rate measurement must be performed in accordance with paragraphs (d)(2)(i), (ii), or (iii) of this section. As an alternative to the flow rate measurement specified in this paragraph, the inspection may satisfy the requirements of this paragraph, including the operating requirements in § 63.1506(c), by including permanent total enclosure verification in accordance with paragraph (d)(2)(i) or (iv) of this section. Inspections that fail to successfully demonstrate that the requirements of § 63.1506(c) are met, must be followed by repair or adjustment to the system operating conditions and a follow up inspection within 45 days to demonstrate that § 63.1506(c) requirements are fully met. (i) Conduct annual flow rate measurements using EPA Methods 1 and 2 in appendix A to 40 CFR part 60, or conduct annual verification of a permanent total enclosure using EPA Method 204; or you may follow one of the three alternate procedures described in paragraphs (ii), (iii), or (iv) of this section to maintain system operations in accordance with an operating limit established during the performance test. The operating limit is determined as the average reading of a parametric monitoring instrument (Magnehelic®, manometer, anemometer, or other parametric monitoring instrument) and technique as described in paragraphs (d)(2)(ii), (iii), and (iv) of this section. A deviation, as defined in paragraphs (ii), (iii), and (iv) of this section, from the parametric monitoring operating limit requires the owner or operator to make repairs or adjustments to restore normal operation within 45 days. (ii) As an alternative to annual flow rate measurements using EPA Methods 1 and 2, measurement with EPA Methods 1 and 2 can be performed once every 5 years, provided that: (A) A flow rate indicator consisting of a pitot tube and differential pressure gauge (Magnehelic®, manometer or other differential pressure gauge) is installed with the pitot tube tip located at a representative point of the duct proximate to the location of the Methods 1 and 2 measurement site; and (B) The flow rate indicator is installed and operated in accordance with the manufacturer's specifications; and (C) The differential pressure is recorded during the Method 2 performance test series; and (D) Daily differential pressure readings are made by taking three measurements with at least 5 minutes between each measurement and averaging the three measurements; and readings are recorded daily and maintained at or above 90 percent of the average pressure differential indicated by the flow rate indicator during the most recent Method 2 performance test series; and (E) An inspection of the pitot tube and associated lines for damage, plugging, leakage and operational integrity is conducted at least once per year; or (iii) As an alternative to annual flow rate measurements using EPA Methods 1 and 2, measurement with EPA Methods 1 and 2 can be performed once every 5 years, provided that: (A) Daily measurements of the capture and collection system's fan revolutions per minute (RPM) or fan motor amperage (amps) are made by taking three measurements with at least 5 minutes between each measurement, and averaging the three measurements; and readings are recorded daily and maintained at or above 90 percent of the average RPM or amps measured during the most recent Method 2 performance test series; or (B) A static pressure measurement device is installed in the duct immediately downstream of the hood exit, and daily pressure readings are made by taking three measurements with at least 5 minutes between each measurement, and averaging the three measurements; and readings are recorded daily and maintained at 90 percent or better of the average vacuum recorded during the most recent Method 2 performance test series; or (C) A hotwire anemometer, ultrasonic flow meter, cross-duct pressure differential sensor, venturi pressure differential monitoring or orifice plate equipped with an associated thermocouple and automated data logging software and associated hardware is installed; and daily readings are made by taking three measurements with at least 5 minutes between each measurement, and averaging the three measurements; and readings are recorded daily and maintained at 90 percent or greater of the average readings during the most recent Method 2 performance test series; or (D) For booth-type hoods, hotwire anemometer measurements of hood face velocity are performed simultaneously with EPA Method 1 and 2 measurements, and the annual hood face velocity measurements confirm that the enclosure draft is maintained at 90 percent or greater of the average readings during the most recent Method 2 performance test series. Daily readings are made by taking three measurements with at least 5 minutes between each measurement, and averaging the three measurements; and readings are recorded daily and maintained at 90 percent or greater of the average readings during the most recent Method 1 and 2 performance test series. (iv) As an alternative to the annual verification of a permanent total enclosure using EPA Method 204, verification can be performed once every 5 years, provided that: (A) Negative pressure in the enclosure is directly monitored by a pressure indicator installed at a representative location; (B) Pressure readings are recorded daily or the system is interlocked to halt material feed should the system not operate under negative pressure; (C) An inspection of the pressure indicator for damage and operational integrity is conducted at least once per calendar year. (3) For sweat furnaces, in lieu of paragraph (d)(2) of this section, the owner or operator of a sweat furnace may inspect each sweat furnace at least once each calendar year to ensure that they are being operated in accordance with the negative air flow requirements in § 63.1506(c)(4). The owner or operator of a sweat furnace must demonstrate negative air flow into the sweat furnace in accordance with paragraphs (d)(3)(i) through (iii) of this section. (i) Perform an annual visual smoke test to demonstrate airflow into the sweat furnace or towards the plane of the sweat furnace opening; (ii) Perform the smoke test using a smoke source, such as a smoke tube, smoke stick, smoke cartridge, smoke candle or other smoke source that produces a persistent and neutral buoyancy aerosol; and (iii) Perform the visual smoke test at a safe distance from and near the center of the sweat furnace opening. (e) Feed/charge weight. (1) The accuracy of the weight measurement device or procedure must be ±1 percent of the weight being measured. The owner or operator may apply to the permitting agency for approval to use a device of alternative accuracy if the required accuracy cannot be achieved as a result of equipment layout or charging practices. A device of alternative accuracy will not be approved unless the owner or operator provides assurance through data and information that the affected source will meet the relevant emission standard. (2) The owner or operator must verify the calibration of the weight measurement device in accordance with the schedule specified by the manufacturer, or if no calibration schedule is specified, at least once every 6 months. (f) Fabric filters and lime-injected fabric filters. (1) These requirements apply to the owner or operator of a new or existing affected source or existing emission unit using a bag leak detection system. (i) The owner or operator must install and operate a bag leak detection system for each exhaust stack of a fabric filter. (ii) Each bag leak detection system must be installed, calibrated, operated, and maintained according to the manufacturer's operating instructions. (iii) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (iv) The bag leak detection system sensor must provide output of relative or absolute PM loadings. (v) The bag leak detection system must be equipped with a device to continuously record the output signal from the sensor. (vi) The bag leak detection system must be equipped with an alarm system that will sound automatically when an increase in relative PM emissions over a preset level is detected. The alarm must be located where it is easily heard by plant operating personnel. (vii) For positive pressure fabric filter systems, a bag leak detection system must be installed in each baghouse compartment or cell. For negative pressure or induced air fabric filters, the bag leak detector must be installed downstream of the fabric filter. (viii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (ix) The baseline output must be established by adjusting the range and the averaging period of the device and establishing the alarm set points and the alarm delay time. (x) Following initial adjustment of the system, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time except as detailed in the OM&M plan. In no case may the sensitivity be increased by more than 100 percent or decreased more than 50 percent over a 365-day period unless such adjustment follows a complete fabric filter inspection which demonstrates that the fabric filter is in good operating condition. (2) These requirements apply to the owner or operator of a new or existing affected source or an existing emission unit using a continuous opacity monitoring system. (i) The owner or operator must install, calibrate, maintain, and operate a continuous opacity monitoring system to measure and record the opacity of emissions exiting each exhaust stack. (ii) Each continuous opacity monitoring system must meet the design and installation requirements of Performance Specification 1 in appendix B to 40 CFR part 60. (3) These requirements apply to the owner or operator of a new or existing aluminum scrap shredder who conducts visible emission observations. The owner or operator must: (i) Perform a visible emissions test for each aluminum scrap shredder using a certified observer at least once a day according to the requirements of Method 9 in appendix A to 40 CFR part 60. Each Method 9 test must consist of five 6-minute observations in a 30-minute period; and (ii) Record the results of each test. (4) As an alternative to the requirements of paragraph (f)(3) of this section, the owner or operator of a new or existing aluminum scrap shredder may measure the opacity of the emissions discharged through a stack or stacks using ASTM Method D7520-13 (incorporated by reference, see § 63.14) subject to the requirements of paragraphs § 63.1510(f)(4)(i) through (iv) of this section. Each test must consist of five 6-minute observations in a 30-minute period. (i) During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520-13, the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees, and mixed backgrounds (clouds and/or a sparse tree stand). (ii) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure that equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520-13. (iii) The owner or operator must follow the recordkeeping procedures outlined in § 63.10(b)(1) for DCOT certification, compliance report, data sheets and all raw unaltered JPEGs used for opacity and certification determination. (iv) The owner or operator or the DCOT vendor must have a minimum of four (4) independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity on any one reading and the average error must not exceed 7.5 percent opacity. (g) Afterburner. (1) The owner or operator must install, calibrate, maintain, and operate a device to continuously monitor and record the operating temperature of the afterburner consistent with the requirements for continuous monitoring systems in subpart A of this part. (2) The temperature monitoring device must meet each of these performance and equipment specifications: (i) The temperature monitoring device must be installed at the exit of the combustion zone of each afterburner. (ii) The monitoring system must record the temperature in 15-minute block averages and determine and record the average temperature for each 3-hour block period. (iii) The recorder response range must include zero and 1.5 times the average temperature established according to the requirements in § 63.1512(m). (iv) The reference method must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or alternate reference, subject to approval by the Administrator. (3) The owner or operator must conduct an inspection of each afterburner at least once a year and record the results. At a minimum, an inspection must include: (i) Inspection of all burners, pilot assemblies, and pilot sensing devices for proper operation and clean pilot sensor; (ii) Inspection for proper adjustment of combustion air; (iii) Inspection of internal structures ( e.g., (iv) Inspection of dampers, fans, and blowers for proper operation; (v) Inspection for proper sealing; (vi) Inspection of motors for proper operation; (vii) Inspection of combustion chamber refractory lining and clean and replace lining as necessary; (viii) Inspection of afterburner shell for corrosion and/or hot spots; (ix) Documentation, for the burn cycle that follows the inspection, that the afterburner is operating properly and any necessary adjustments have been made; and (x) Verification that the equipment is maintained in good operating condition. (xi) Following an equipment inspection, all necessary repairs must be completed in accordance with the requirements of the OM&M plan. (h) Fabric filter inlet temperature. (1) The owner or operator must install, calibrate, maintain, and operate a device to continuously monitor and record the temperature of the fabric filter inlet gases consistent with the requirements for continuous monitoring systems in subpart A of this part. (2) The temperature monitoring device must meet each of these performance and equipment specifications: (i) The monitoring system must record the temperature in 15-minute block averages and calculate and record the average temperature for each 3-hour block period. (ii) The recorder response range must include zero and 1.5 times the average temperature established according to the requirements in § 63.1512(n). (iii) The reference method must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or alternate reference, subject to approval by the Administrator. (i) Lime injection. (1) The owner or operator of a continuous lime injection system must verify that lime is always free-flowing by either: (i) Inspecting each feed hopper or silo at least once each 8-hour period and recording the results of each inspection. If lime is found not to be free-flowing during any of the 8-hour periods, the owner or operator must increase the frequency of inspections to at least once every 4-hour period for the next 3 days. The owner or operator may return to inspections at least once every 8 hour period if corrective action results in no further blockages of lime during the 3-day period; or (ii) Subject to the approval of the permitting agency, installing, operating and maintaining a load cell, carrier gas/lime flow indicator, carrier gas pressure drop measurement system or other system to confirm that lime is free-flowing. If lime is found not to be free-flowing, the owner or operator must promptly initiate and complete corrective action, or (iii) Subject to the approval of the permitting agency, installing, operating and maintaining a device to monitor the concentration of HCl at the outlet of the fabric filter. If an increase in the concentration of HCl indicates that the lime is not free-flowing, the owner or operator must promptly initiate and complete corrective action. (2) The owner or operator of a continuous lime injection system must record the lime feeder setting once each day of operation. (3) An owner or operator who intermittently adds lime to a lime-injected fabric filter must obtain approval from the permitting authority for major sources, or the Administrator for area sources for a lime addition monitoring procedure. The permitting authority for major sources, or the Administrator for area sources will not approve a monitoring procedure unless data and information are submitted establishing that the procedure is adequate to ensure that relevant emission standards will be met on a continuous basis. (4) At least once per month, verify that the lime injection rate in pounds per hour (lb/hr) is no less than 90 percent of the lime injection rate used to demonstrate compliance during your most recent performance test. If the monthly check of the lime injection rate is below the 90 percent, the owner or operator must repair or adjust the lime injection system to restore normal operation within 45 days. The owner or operator may request from the permitting authority for major sources, or the Administrator for area sources, an extension of up to an additional 45 days to demonstrate that the lime injection rate is no less than 90 percent of the lime injection rate used to demonstrate compliance during the most recent performance test. In the event that a lime feeder is repaired or replaced, the feeder must be calibrated, and the feed rate must be restored to the lb/hr feed rate operating limit established during the most recent performance test within 45 days. The owner or operator may request from the permitting authority for major sources, or the Administrator for area sources, an extension of up to an additional 45 days to complete the repair or replacement and establishing a new setting. The repair or replacement, and the establishment of the new feeder setting(s) must be documented in accordance with the recordkeeping requirements of § 63.1517. (j) Total reactive flux injection rate. (1) Install, calibrate, operate, and maintain a device to continuously measure and record the weight of gaseous or liquid reactive flux injected to each affected source or emission unit. (i) The monitoring system must record the weight for each 15-minute block period, during which reactive fluxing occurs, over the same operating cycle or time period used in the performance test. (ii) The accuracy of the weight measurement device must be ±1 percent of the weight of the reactive component of the flux being measured. The owner or operator may apply to the permitting authority for major sources, or the Administrator for area sources for permission to use a weight measurement device of alternative accuracy in cases where the reactive flux flow rates are so low as to make the use of a weight measurement device of ±1 percent impracticable. A device of alternative accuracy will not be approved unless the owner or operator provides assurance through data and information that the affected source will meet the relevant emission standards. (iii) The owner or operator must verify the calibration of the weight measurement device in accordance with the schedule specified by the manufacturer, or if no calibration schedule is specified, at least once every 6 months. (2) Calculate and record the gaseous or liquid reactive flux injection rate (kg/Mg or lb/ton) for each operating cycle or time period used in the performance test using the procedure in § 63.1512(o). (3) Record, for each 15-minute block period during each operating cycle or time period used in the performance test during which reactive fluxing occurs, the time, weight, and type of flux for each addition of: (i) Gaseous or liquid reactive flux other than chlorine; and (ii) Solid reactive flux. (4) Calculate and record the total reactive flux injection rate for each operating cycle or time period used in the performance test using the procedure in § 63.1512(o). For solid flux that is added intermittently, record the amount added for each operating cycle or time period used in the performance test using the procedures in § 63.1512(o). (5) The owner or operator of a group 1 furnace or in-line fluxer performing reactive fluxing may apply to the Administrator for approval of an alternative method for monitoring and recording the total reactive flux addition rate based on monitoring the weight or quantity of reactive flux per ton of feed/charge for each operating cycle or time period used in the performance test. An alternative monitoring method will not be approved unless the owner or operator provides assurance through data and information that the affected source will meet the relevant emission standards on a continuous basis. (k) Thermal chip dryer. (1) Record the type of materials charged to the unit for each operating cycle or time period used in the performance test. (2) Submit a certification of compliance with the applicable operational standard for charge materials in § 63.1506(f)(3) for each 6-month reporting period. Each certification must contain the information in § 63.1516(b)(2)(i). (l) Dross-only furnace. (1) Record the materials charged to each unit for each operating cycle or time period used in the performance test. (2) Submit a certification of compliance with the applicable operational standard for charge materials in § 63.1506(i)(3) for each 6-month reporting period. Each certification must contain the information in § 63.1516(b)(2)(ii). (m) In-line fluxers using no reactive flux. (n) Sidewell group 1 furnace with add-on air pollution control devices. (1) Record in an operating log for each tap of a sidewell furnace whether the level of molten metal was above the top of the passage between the sidewell and hearth during reactive flux injection, unless the furnace hearth was also equipped with an add-on control device. If visual inspection of the molten metal level is not possible, the molten metal level must be determined using physical measurement methods. (2) Submit a certification of compliance with the operational standards in § 63.1506(m)(6) for each 6-month reporting period. Each certification must contain the information in § 63.1516(b)(2)(iii). (o) Group 1 furnace without add-on air pollution control devices. (1) The owner or operator must develop, in consultation with the permitting authority for major sources, or the Administrator for area sources, a written site-specific monitoring plan. The site-specific monitoring plan must be submitted to the permitting authority for major sources, or the Administrator for area sources as part of the OM&M plan. The site-specific monitoring plan must contain sufficient procedures to ensure continuing compliance with all applicable emission limits and must demonstrate, based on documented test results, the relationship between emissions of PM, HCl, and D/F (and HF for uncontrolled group 1 furnaces), and the proposed monitoring parameters for each pollutant. Test data must establish the highest level of PM, HCl, and D/F (and HF for uncontrolled group 1 furnaces) that will be emitted from the furnace in accordance with § 63.1511(b)(1). If the permitting authority for major sources, or the Administrator for area sources determines that any revisions of the site-specific monitoring plan are necessary to meet the requirements of this section or this subpart, the owner or operator must promptly make all necessary revisions and resubmit the revised plan. (i) The owner or operator of an existing affected source must submit the site-specific monitoring plan to the permitting authority for major sources, or the Administrator for area sources for review at least 6 months prior to the compliance date. (ii) The permitting authority for major sources, or the Administrator for area sources will review and approve or disapprove a proposed plan, or request changes to a plan, based on whether the plan contains sufficient provisions to ensure continuing compliance with applicable emission limits and demonstrates, based on documented test results, the relationship between emissions of PM, HCl, and D/F (and HF for uncontrolled group 1 furnaces) and the proposed monitoring parameters for each pollutant. Test data must establish the highest level of PM, HCl, and D/F (and HF for uncontrolled group 1 furnaces) that will be emitted from the furnace. Subject to approval of the OM&M plan, the highest levels may be determined by conducting performance tests and monitoring operating parameters in accordance with § 63.1511(b)(1). (2) Each site-specific monitoring plan must document each work practice, equipment/design practice, pollution prevention practice, or other measure used to meet the applicable emission standards. (3) Each site-specific monitoring plan must include provisions for unit labeling as required in paragraph (c) of this section, feed/charge weight measurement (or production weight measurement) as required in paragraph (e) of this section and flux weight measurement as required in paragraph (j) of this section. (4) Each site-specific monitoring plan for a melting/holding furnace subject to the clean charge emission standard in § 63.1505(i)(3) must include these requirements: (i) The owner or operator must record the type of feed/ charge ( e.g. (ii) The owner or operator must submit a certification of compliance with the applicable operational standard for clean charge materials in § 63.1506(n)(3) for each 6-month reporting period. Each certification must contain the information in § 63.1516(b)(2)(iv). (5) If a continuous emission monitoring system is included in a site-specific monitoring plan, the plan must include provisions for the installation, operation, and maintenance of the system to provide quality-assured measurements in accordance with all applicable requirements of the general provisions in subpart A of this part. (6) If a continuous opacity monitoring system is included in a site-specific monitoring plan, the plan must include provisions for the installation, operation, and maintenance of the system to provide quality-assured measurements in accordance with all applicable requirements of this subpart. (7) If a site-specific monitoring plan includes a scrap inspection program for monitoring the scrap contaminant level of furnace feed/charge materials, the plan must include provisions for the demonstration and implementation of the program in accordance with all applicable requirements in paragraph (p) of this section. (8) If a site-specific monitoring plan includes a calculation method for monitoring the scrap contaminant level of furnace feed/charge materials, the plan must include provisions for the demonstration and implementation of the program in accordance with all applicable requirements in paragraph (q) of this section. (p) Scrap inspection program for group 1 furnace without add-on air pollution control devices. (1) A proven method for collecting representative samples and measuring the oil and coatings content of scrap samples; (2) A scrap inspector training program; (3) An established correlation between visual inspection and physical measurement of oil and coatings content of scrap samples; (4) Periodic physical measurements of oil and coatings content of randomly-selected scrap samples and comparison with visual inspection results; (5) A system for assuring that only acceptable scrap is charged to an affected group 1 furnace; and (6) Recordkeeping requirements to document conformance with plan requirements. (q) Monitoring of scrap contamination level by calculation method for group 1 furnace without add-on air pollution control devices. (1) Procedures for the characterization and documentation of the contaminant level of the scrap prior to the performance test. (2) Limitations on the furnace feed/charge to scrap of the same composition as that used in the performance test. If the performance test was conducted with a mixture of scrap and clean charge, limitations on the proportion of scrap in the furnace feed/charge to no greater than the proportion used during the performance test. (3) Operating, monitoring, recordkeeping, and reporting requirements to ensure that no scrap with a contaminant level higher than that used in the performance test is charged to the furnace. (r) Group 2 furnace. (1) Record a description of the materials charged to each furnace, including any nonreactive, non-HAP-containing/non-HAP-generating fluxing materials or agents. (2) Submit a certification of compliance with the applicable operational standard for charge materials in § 63.1506(o) for each 6-month reporting period. Each certification must contain the information in § 63.1516(b)(2)(v). (s) Site-specific requirements for secondary aluminum processing units. (i) The identification of each emission unit in the secondary aluminum processing unit; (ii) The specific control technology or pollution prevention measure to be used for each emission unit in the secondary aluminum processing unit and the date of its installation or application; (iii) The emission limit calculated for each secondary aluminum processing unit and performance test results with supporting calculations demonstrating initial compliance with each applicable emission limit; (iv) Information and data demonstrating compliance for each emission unit with all applicable design, equipment, work practice or operational standards of this subpart; and (v) The monitoring requirements applicable to each emission unit in a secondary aluminum processing unit and the monitoring procedures for daily calculation of the 3-day, 24-hour rolling average using the procedure in § 63.1510(t). (2) The SAPU compliance procedures within the OM&M plan may not contain any of the following provisions: (i) Any averaging among emissions of differing pollutants; (ii) The inclusion of any affected sources other than emission units in a secondary aluminum processing unit; (iii) The inclusion of any emission unit while it is shutdown; or (iv) The inclusion of any periods of startup or shutdown in emission calculations. (3) To revise the SAPU compliance provisions within the OM&M plan prior to the end of the permit term, the owner or operator must submit a request to the permitting authority for major sources, or the Administrator for area sources containing the information required by paragraph (s)(1) of this section and obtain approval of the permitting authority for major sources, or the Administrator for area sources prior to implementing any revisions. (t) Secondary aluminum processing unit (1) Calculate and record the total weight of material charged to each emission unit in the secondary aluminum processing unit for each 24-hour day of operation using the feed/charge weight information required in paragraph (e) of this section. If the owner or operator chooses to comply on the basis of weight of aluminum produced by the emission unit, rather than weight of material charged to the emission unit, all performance test emissions results and all calculations must be conducted on the aluminum production weight basis. (2) Multiply the total feed/charge weight to the emission unit, or the weight of aluminum produced by the emission unit, for each emission unit for the 24-hour period by the emission rate (in lb/ton of feed/charge) for that emission unit (as determined during the performance test) to provide emissions for each emission unit for the 24-hour period, in pounds. (i) Where no performance test has been conducted, for a particular emission unit, because the owner of operator has, with the approval of the permitting authority for major sources, or the Administrator for area sources, chosen to determine the emission rate of an emission unit by testing a representative unit, in accordance with § 63.1511(f), the owner or operator shall use the emission rate determined from the representative unit in the SAPU emission rate calculation required in § 63.1510(t)(4). (ii) Except as provided in paragraph (t)(2)(iii) of this section, if the owner or operator has not conducted performance tests for HCl (and HF for an uncontrolled group 1 furnace) or for HCl for an in-line fluxer, in accordance with the provisions of § 63.1512(d)(3), (e)(3), or (h)(2), the calculation required in § 63.1510(t)(4) to determine SAPU-wide HCl and HF emissions shall be made under the assumption that all chlorine contained in reactive flux added to the emission unit is emitted as HCl and all fluorine contained in reactive flux added to the emission unit is emitted as HF. (iii) Prior to the date by which the initial performance test for HF emissions from uncontrolled group 1 furnaces is conducted, or is required to be conducted, the calculation required in § 63.1505(k) to determine the SAPU-wide HF emission limit and the calculation required in § 63.1510(t)(4) to determine the SAPU-wide HF emission rate must exclude HF emissions from untested uncontrolled group 1 furnaces and feed/charge processed in untested uncontrolled group 1 furnaces. (3) Divide the total emissions for each SAPU for the 24-hour period by the total material charged to the SAPU, or the weight of aluminum produced by the SAPU over the 24-hour period to provide the daily emission rate for the SAPU. (4) Compute the 24-hour daily emission rate using Equation 4: Where: E day T i ER i n = The number of emission units in the secondary aluminum processing unit. (5) Calculate and record the 3-day, 24-hour rolling average for each pollutant each day by summing the daily emission rates for each pollutant over the 3 most recent consecutive days and dividing by 3. The SAPU is in compliance with an applicable emission limit if the 3-day, 24-hour rolling average for each pollutant is no greater than the applicable SAPU emission limit determined in accordance with § 63.1505(k)(1)-(3). (u) Secondary aluminum processing unit compliance by individual emission unit demonstration. (v) Alternative monitoring method for lime addition. (w) Alternative monitoring methods. (1) The Administrator will not approve averaging periods other than those specified in this section. (2) The owner or operator must continue to use the original monitoring requirement until necessary data are submitted and approval is received to use another monitoring procedure. (3) The owner or operator shall submit the application for approval of alternate monitoring methods no later than the notification of the performance test. The application must contain the information specified in paragraphs (w)(3) (i) through (iii) of this section: (i) Data or information justifying the request, such as the technical or economic infeasibility, or the impracticality of using the required approach; (ii) A description of the proposed alternative monitoring requirements, including the operating parameters to be monitored, the monitoring approach and technique, and how the limit is to be calculated; and (iii) Data and information documenting that the alternative monitoring requirement(s) would provide equivalent or better assurance of compliance with the relevant emission standard(s). (4) The Administrator will not approve an alternate monitoring application unless it would provide equivalent or better assurance of compliance with the relevant emission standard(s). Before disapproving any alternate monitoring application, the Administrator will provide: (i) Notice of the information and findings upon which the intended disapproval is based; and (ii) Notice of opportunity for the owner or operator to present additional supporting information before final action is taken on the application. This notice will specify how much additional time is allowed for the owner or operator to provide additional supporting information. (5) The owner or operator is responsible for submitting any supporting information in a timely manner to enable the Administrator to consider the application prior to the performance test. Neither submittal of an application nor the Administrator's failure to approve or disapprove the application relieves the owner or operator of the responsibility to comply with any provisions of this subpart. (6) The Administrator may decide at any time, on a case-by-case basis, that additional or alternative operating limits, or alternative approaches to establishing operating limits, are necessary to demonstrate compliance with the emission standards of this subpart. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 67 FR 79816, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56741, Sept. 18, 2015; 81 FR 38087, June 13, 2016] § 63.1511 Performance test/compliance demonstration general requirements. (a) Site-specific test plan. (b) Initial performance test. (1) The performance tests must be conducted under representative conditions expected to produce the highest level of HAP emissions expressed in the units of the emission standards for the HAP (considering the extent of feed/charge contamination, reactive flux addition rate and feed/charge rate). If a single test condition is not expected to produce the highest level of emissions for all HAP, testing under two or more sets of conditions (for example high contamination at low feed/charge rate, and low contamination at high feed/charge rate) may be required. Any subsequent performance tests for the purposes of establishing new or revised parametric limits shall be allowed upon pre-approval from the permitting authority for major sources, or the Administrator for area sources. These new parametric settings shall be used to demonstrate compliance for the period being tested. (2) Each performance test for a continuous process must consist of 3 separate runs; pollutant sampling for each run must be conducted for the time period specified in the applicable method or, in the absence of a specific time period in the test method, for a minimum of 3 hours. (3) Each performance test for a batch process must consist of three separate runs; pollutant sampling for each run must be conducted over the entire process operating cycle. Additionally, for batch processes where the length of the process operating cycle is not known in advance, and where isokinetic sampling must be conducted based on the procedures in Method 5 in appendix A to part 60, use the following procedure to ensure that sampling is conducted over the entire process operating cycle: (i) Choose a minimum operating cycle length and begin sampling assuming this minimum length will be the run time ( e.g. (ii) After each traverse point has been sampled once, begin sampling each point again for the same time per point, in the reverse order, until the operating cycle is complete. All traverse points as required by Method 1 of appendix A to part 60, must be sampled at least once during each test run; (iii) In order to distribute the sampling time most evenly over all the traverse points, do not perform all runs using the same sampling point order ( e.g. (4) Where multiple affected sources or emission units are exhausted through a common stack, pollutant sampling for each run must be conducted over a period of time during which all affected sources or emission units complete at least 1 entire process operating cycle or for 24 hours, whichever is shorter. (5) Initial compliance with an applicable emission limit or standard is demonstrated if the average of three runs conducted during the performance test is less than or equal to the applicable emission limit or standard. (6) Apply paragraphs (b)(1) through (5) of this section for each pollutant separately if a different production rate, charge material or, if applicable, reactive fluxing rate would apply and thereby result in a higher expected emissions rate for that pollutant. (7) The owner or operator may not conduct performance tests during periods of malfunction. (c) Test methods. (1) Method 1 for sample and velocity traverses. (2) Method 2 for velocity and volumetric flow rate. (3) Method 3 for gas analysis. (4) Method 4 for moisture content of the stack gas. (5) Method 5 for the concentration of PM. (6) Method 9 for visible emission observations. (7) Method 23 for the concentration of D/F. (8) Method 25A for the concentration of THC, as propane. (9) Method 26A for the concentration of HCl and HF. Method 26 may also be used, except at sources where entrained water droplets are present in the emission stream. Where a lime-injected fabric filter is used as the control device to comply with the 90 percent reduction standard, the owner or operator must measure the fabric filter inlet concentration of HCl at a point before lime is introduced to the system. (d) Alternative methods. (1) The owner or operator may use test method ASTM D7520-13 as an alternative to EPA Method 9 subject to conditions described in § 63.1510(f)(4). (2) In lieu of conducting the annual flow rate measurements using Methods 1 and 2, the owner or operator may use Method 204 in Appendix M to 40 CFR part 51 to conduct annual verification of a permanent total enclosure for the affected source/emission unit. (3) The owner or operator may use an alternative test method approved by the Administrator. (e) Repeat tests. (f) Testing of representative emission units. (1) The tested emission unit must use feed materials and charge rates which are comparable to the emission units that it represents; (2) The tested emission unit must use the same type of flux materials in the same proportions as the emission units it represents; (3) The tested emission unit must be operated utilizing the same work practices as the emission units that it represents; (4) The tested emission unit must be of the same design as the emission units that it represents; and (5) The tested emission unit must be tested under the highest load or capacity reasonably expected to occur for any of the emission units that it represents. (6) All 3 separate runs of a performance test must be conducted on the same emission unit. (g) Establishment of monitoring and operating parameter values. (1) The complete emission test report(s) used as the basis of the parameter(s) is submitted. (2) The same test methods and procedures as required by this subpart were used in the test. (3) The owner or operator certifies that no design or work practice changes have been made to the source, process, or emission control equipment since the time of the report. (4) All process and control equipment operating parameters required to be monitored were monitored as required in this subpart and documented in the test report. (5) If the owner or operator wants to conduct a new performance test and establish different operating parameter values, they must submit a revised site specific test plan and receive approval in accordance with paragraph (a) of this section. In addition, if an owner or operator wants to use existing data in addition to the results of the new performance test to establish operating parameter values, they must meet the requirements in paragraphs (g)(1) through (4) of this section. (h) Testing of commonly-ducted units within a secondary aluminum processing unit. (i) Testing of commonly-ducted units not within a secondary aluminum processing unit. (1) All testing must be designed to verify that each affected source or emission unit individually satisfies all emission requirements applicable to that affected source or emission unit; (2) All emissions of pollutants subject to a standard must be tested at the outlet from each individual affected source or emission unit while operating under the highest load or capacity reasonably expected to occur, and prior to the point that the emissions are manifolded together with emissions from other affected sources or emission units; (3) The combined emissions from all affected sources and emission units which are manifolded to a single emission control device must be tested at the outlet of the emission control device; (4) All tests at the outlet of the emission control device must be conducted with all affected sources and emission units whose emissions are manifolded to the control device operating simultaneously under the highest load or capacity reasonably expected to occur; and (5) For purposes of demonstrating compliance of a commonly-ducted unit with any emission limit for a particular type of pollutant, the emissions of that pollutant by the individual unit shall be presumed to be controlled by the same percentage as total emissions of that pollutant from all commonly-ducted units are controlled at the outlet of the emission control device. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59792, Sept. 24, 2002; 67 FR 79817, Dec. 30, 2002; 79 FR 11284, Feb. 27, 2014; 80 FR 56745, Sept. 18, 2015; 81 FR 38087, June 13, 2016] § 63.1512 Performance test/compliance demonstration requirements and procedures. (a) Aluminum scrap shredder (b) Thermal chip dryer. (c) Scrap dryer/delacquering kiln/decoating kiln. (1) If the scrap dryer/delacquering kiln/decoating kiln is subject to the alternative emission limits in § 63.1505(e), the average afterburner operating temperature in each 3-hour block period must be maintained at or above 760 °C (1400 °F) for the test. (2) The owner or operator of a scrap dryer/delacquering kiln/decoating kiln subject to the alternative limits in § 63.1505(e) must submit a written certification in the notification of compliance status report containing the information required by § 63.1515(b)(7). (d) Group 1 furnace with add-on air pollution control devices. (2) The owner or operator of a group 1 furnace that processes only clean charge materials with emissions controlled by a lime-injected fabric filter must conduct performance tests to measure emissions of PM at the outlet of the control device and emissions of HCl at the outlet (for the emission limit) or the inlet and the outlet (for the percent reduction standard). (3) The owner or operator may choose to determine the rate of reactive flux addition to the group 1 furnace and assume, for the purposes of demonstrating compliance with the SAPU emission limit, that all reactive flux added to the group 1 furnace is emitted. Under these circumstances, the owner or operator is not required to conduct an emission test for HCl. (4) The owner or operator of a sidewell group 1 furnace that conducts reactive fluxing (except for cover flux) in the hearth, or that conducts reactive fluxing in the sidewell at times when the level of molten metal falls below the top of the passage between the sidewell and the hearth, must conduct the performance tests required by paragraph (d)(1) or (d)(2) of this section, to measure emissions from both the sidewell and the hearth. (e) Group 1 furnace (including melting holding furnaces) without add-on air pollution control devices. (1) If the group 1 furnace processes other than clean charge material, the owner or operator must conduct emission tests to measure emissions of PM, HCl, HF, and D/F at the furnace exhaust outlet. (2) If the group 1 furnace processes only clean charge, the owner or operator must conduct emission tests to simultaneously measure emissions of PM, HCl and HF. A D/F test is not required. Each test must be conducted while the group 1 furnace (including a melting/holding furnace) processes only clean charge. (3) The owner or operator may choose to determine the rate of reactive flux addition to the group 1 furnace and assume, for the purposes of demonstrating compliance with the SAPU emission limit, that all chlorine and fluorine contained in reactive flux added to the group 1 furnace is emitted as HCl and HF. Under these circumstances, the owner or operator is not required to conduct an emission test for HCl or HF. (4) When testing an existing uncontrolled furnace, the owner or operator must comply with the requirements of either paragraphs (e)(4)(i), (ii), or (iii) of this section at the next required performance test required by § 63.1511(e). (i) Install hooding that meets ACGIH Guidelines (incorporated by reference, see § 63.14), or (ii) At least 180 days prior to testing petition the permitting authority for major sources, or the Administrator for area sources, that such hoods are impractical under the provisions of paragraph (e)(6) of this section and propose testing procedures that will minimize unmeasured emissions during the performance test according to the paragraph (e)(7) of this section, or (iii) Assume an 80-percent capture efficiency for the furnace exhaust (i.e., multiply emissions measured at the furnace exhaust outlet by 1.25). If the source fails to demonstrate compliance using the 80-percent capture efficiency assumption, the owner or operator must re-test with a hood that meets the ACGIH Guidelines within 180 days, or petition the permitting authority for major sources, or the Administrator for area sources, within 180 days that such hoods are impractical under the provisions of paragraph (e)(6) of this section and propose testing procedures that will minimize unmeasured emissions during the performance test according to paragraph (e)(7) of this section. (iv) The 80-percent capture efficiency assumption is not applicable in the event of testing conducted under an approved petition submitted pursuant to paragraphs (e)(4)(ii) or (iii) of this section. (v) Round top furnaces constructed before February 14, 2012, and reconstructed round top furnaces are exempt from the requirements of paragraphs (e)(4)(i), (ii), and (iii) of this section. Round top furnaces must be operated to minimize unmeasured emissions according to paragraph (e)(7) of this section. (5) When testing a new uncontrolled furnace, other than a new round top furnace, constructed after February 14, 2012, the owner or operator must comply with the requirements of paragraph (e)(5)(i) or (ii) of this section at the next required performance test required by § 63.1511(e). When testing a new round top furnace constructed after February 14, 2012, the owner or operator must comply with the requirements of either paragraphs (e)(5)(i), (ii), or (iii) of this section at the next required performance test required by § 63.1511(e). (i) Install hooding that meets ACGIH Guidelines (incorporated by reference, see § 63.14), or (ii) At least 180 days prior to testing petition the permitting authority for major sources, or the Administrator for area sources, that such hoods are impractical under the provisions of paragraph (e)(6) of this section and propose testing procedures that will minimize unmeasured emissions during the performance test according to the paragraph (e)(7) of this section, or (iii) Assume an 80-percent capture efficiency for the furnace exhaust ( i.e., (iv) The 80-percent capture efficiency assumption is not applicable in the event of testing conducted under an approved petition submitted pursuant to paragraphs (e)(5)(ii) or (iii) of this section. (6) The installation of hooding that meets ACGIH Guidelines (incorporated by reference, see § 63.14) is considered impractical if any of the following conditions exist: (i) Building or equipment obstructions (for example, wall, ceiling, roof, structural beams, utilities, overhead crane or other obstructions) are present such that the temporary hood cannot be located consistent with acceptable hood design and installation practices; (ii) Space limitations or work area constraints exist such that the temporary hood cannot be supported or located to prevent interference with normal furnace operations or avoid unsafe working conditions for the furnace operator; or (iii) Other obstructions and limitations subject to agreement of the permitting authority for major sources, or the Administrator for area sources. (7) Testing procedures that will minimize unmeasured emissions may include, but are not limited to the following: (i) Installing a hood that does not entirely meet ACGIH guidelines; (ii) Using the building as an enclosure, and measuring emissions exhausted from the building if there are no other furnaces or other significant sources in the building of the pollutants to be measured; (iii) Installing temporary baffles on those sides or top of furnace opening if it is practical to do so where they will not interfere with material handling or with the furnace door opening and closing; (iv) Minimizing the time the furnace doors are open or the top is off; (v) Delaying gaseous reactive fluxing until charging doors are closed and, for round top furnaces, until the top is on; (vi) Agitating or stirring molten metal as soon as practicable after salt flux addition and closing doors as soon as possible after solid fluxing operations, including mixing and dross removal; (vii) Keeping building doors and other openings closed to the greatest extent possible to minimize drafts that would divert emissions from being drawn into the furnace; (viii) Maintaining burners on low-fire or pilot operation while the doors are open or the top is off; (ix) Use of fans or other device to direct flow into a furnace when door is open; or (x) Removing the furnace cover one time in order to add a smaller but representative charge and then replacing the cover. (f) Sweat furnace. (g) Dross-only furnace. (h) In-line fluxer. (2) The owner or operator may choose to limit the rate at which reactive flux is added to an in-line fluxer and assume, for the purposes of demonstrating compliance with the SAPU emission limit, that all chlorine in the reactive flux added to the in-line fluxer is emitted as HCl. Under these circumstances, the owner or operator is not required to conduct an emission test for HCl. If the owner or operator of any in-line flux box that has no ventilation ductwork manifolded to any outlet or emission control device chooses to demonstrate compliance with the emission limits for HCl by limiting use of reactive flux and assuming that all chlorine in the flux is emitted as HCl, compliance with the HCl limit shall also constitute compliance with the emission limit for PM and no separate emission test for PM is required. In this case, the owner or operator of the unvented in-line flux box must use the maximum permissible PM emission rate for the in-line flux boxes when determining the total emissions for any SAPU which includes the flux box. (i) Rotary dross cooler. (j) Secondary aluminum processing unit (1) Each group 1 furnace processing only clean charge to measure emissions of PM and either: (i) Emissions of HF and HCl (for determining the emission limit); or (ii) The mass flow rate of HCl at the inlet to and outlet from the control device (for the percent reduction standard). (2) Each group 1 furnace that processes scrap other than clean charge to measure emissions of PM and D/F and either: (i) Emissions of HF and HCl (for determining the emission limit); or (ii) The mass flow rate of HCl at the inlet to and outlet from the control device (for the percent reduction standard). (3) Each in-line fluxer to measure emissions of PM and HCl. (k) Feed/charge weight measurement. (l) Continuous opacity monitoring system. (m) Afterburner. (1) Prior to the initial performance test, the owner or operator must conduct a performance evaluation for the temperature monitoring device according to the requirements of § 63.8. (2) The owner or operator must use these procedures to establish an operating parameter value or range for the afterburner operating temperature. (i) Continuously measure and record the operating temperature of each afterburner every 15 minutes during the THC and D/F performance tests; (ii) Determine and record the 15-minute block average temperatures for the three test runs; and (iii) Determine and record the 3-hour block average temperature measurements for the 3 test runs. (n) Inlet gas temperature. (1) Continuously measure and record the temperature at the inlet to the lime-injected fabric filter every 15 minutes during the HCl and D/F performance tests; (2) Determine and record the 15-minute block average temperatures for the 3 test runs; and (3) Determine and record the 3-hour block average of the recorded temperature measurements for the 3 test runs. (o) Flux injection rate (1) Continuously measure and record the weight of gaseous or liquid reactive flux injected for each 15 minute period during the HCl, HF and D/F tests, determine and record the 15-minute block average weights, and calculate and record the total weight of the gaseous or liquid reactive flux for the 3 test runs; (2) Record the identity, composition, and total weight of each addition of solid reactive flux for the 3 test runs; (3) Determine the total reactive chlorine flux injection rate and, for uncontrolled furnaces, the total reactive fluorine flux injection rate by adding the recorded measurement of the total weight of chlorine and, for uncontrolled furnaces, fluorine in the gaseous or liquid reactive flux injected and the total weight of chlorine and, for uncontrolled furnaces, fluorine in the solid reactive flux using Equation 5: Where: W t F 1 W 1 F 2 e.g. e.g. W 2 (4) Divide the weight of total chlorine or fluorine usage (W t (5) If a solid reactive flux other than magnesium chloride or potassium fluoride is used, the owner or operator must derive the appropriate proportion factor subject to approval by the permitting authority for major sources, or the Administrator for area sources. (p) Lime injection. (1) For continuous lime injection systems, ensure that lime in the feed hopper or silo is free-flowing at all times; and (2) Record the feeder setting and lime injection rate for the 3 test runs. If the feed rate setting and lime injection rates vary between the runs, determine and record the average feed rate and lime injection rate from the 3 runs. (q) Bag leak detection system. (r) Labeling. (s) Capture/collection system. [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79817, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56746, Sept. 18, 2015; 81 FR 38087, June 13, 2016] § 63.1513 Equations for determining compliance. (a) THC emission limit. Where, E = Emission rate of measured pollutant, kg/Mg (lb/ton) of feed; C = Measured volume fraction of pollutant, ppmv; MW = Molecular weight of measured pollutant, g/g-mole (lb/lb-mole): THC (as propane) = 44.11; Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); K 1 K 2 3 3 3 M v 3 P = Production rate, Mg/hr (ton/hr). (b) PM, HCl, HF and D/F emission limits Where: E = Emission rate of PM, HCl or HF, in kg/Mg (lb/ton) of feed; C = Concentration of PM, HCl or HF, in g/dscm (gr/dscf); Q = Volumetric flow rate of exhaust gases, in dscm/hr (dscf/hr); K 1 P = Production rate, in Mg/hr (ton/hr). (2) Use Equation 7A of this section to determine compliance with an emission limit for D/F: Where: E = Emission rate of D/F, µg/Mg (gr/ton) of feed; C = Concentration of D/F, µg/dscm (gr/dscf); Q = Volumetric flow rate of exhaust gases, dscm/hr (dscf/hr); and P = Production rate, Mg/hr (ton/hr). (c) HCl percent reduction standard. Where, %R = Percent reduction of the control device; L i L o (d) Conversion of D/F measurements to TEQ units Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and 1989 Update (e) Secondary aluminum processing unit. (1) Use Equation 9 to compute the mass-weighted PM emissions for a secondary aluminum processing unit. Compliance is achieved if the mass-weighted emissions for the secondary aluminum processing unit (E cPM cPM Where: E cPM E tiPM T ti n = The number of emission units, and groups of co-controlled emission units in the secondary aluminum processing unit. (2) Use Equation 10 to compute the aluminum mass-weighted HCl or HF emissions for the secondary aluminum processing unit. Compliance is achieved if the mass-weighted emissions for the secondary aluminum processing unit (E cHCl/HF cHCl/HF Where: E cHCl/HF E tiHCl/HF (3) Use Equation 11 to compute the aluminum mass-weighted D/F emissions for the secondary aluminum processing unit. Compliance is achieved if the mass-weighted emissions for the secondary aluminum processing unit is less than or equal to the emission limit for the secondary aluminum processing unit (L cD/F Where: E cD/F E tiD/F (4) As an alternative to using the equations in paragraphs (e)(1), (2), and (3) of this section, the owner or operator may demonstrate compliance for a secondary aluminum processing unit by demonstrating that each existing group 1 furnace is in compliance with the emission limits for a new group 1 furnace in § 63.1505(i) and that each existing in-line fluxer is in compliance with the emission limits for a new in-line fluxer in § 63.1505(j). (f) Periods of startup and shutdown (1) For periods of startup and shutdown, records establishing a feed/charge rate of zero, a flux rate of zero, and that the affected source or emission unit was either heated with electricity, propane or natural gas as the sole sources of heat or was not heated, may be used to demonstrate compliance with the emission limit, or (2) For periods of startup and shutdown, divide your measured emissions in lb/hr or µg/hr or ng/hr by the feed/charge rate in tons/hr or Mg/hr from your most recent performance test associated with a production rate greater than zero, or the rated capacity of the affected source if no prior performance test data are available. [65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53984, Sept. 3, 2004; 80 FR 56748, Sept. 18, 2015; 81 FR 38088, June 13, 2016] § 63.1514 Change of furnace classification. The requirements of this section are in addition to the other requirements of this subpart that apply to group 1 and group 2 furnaces. (a) Changing from a group 1 controlled furnace processing other than clean charge to group 1 uncontrolled furnace processing other than clean charge (1) Operators of major sources must conduct performance tests for PM, HCl and D/F, according to the procedures in § 63.1512(d) with the capture system and control device operating normally if compliance has not been previously demonstrated in this operating mode. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in the controlled mode. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (2) Operators of major sources must conduct performance tests for PM, HCl, HF and D/F, according to the procedures in § 63.1512(e) without operating a control device if compliance has not been previously demonstrated for this operating mode. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in the uncontrolled mode. (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Operating parameters representing uncontrolled operation must be established during these tests, as required by § 63.1511(g). For furnaces in batch (cyclic) operation, the number of tap-to-tap cycles (including zero, if none) elapsed using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. For furnaces in continuous (non-cyclic) operation, the time period elapsed (including no time, if none) using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. (iv) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (3) Operators of area sources must conduct performance tests for D/F, according to the procedures in § 63.1512(d) with the capture system and control device operating normally, if compliance has not been previously demonstrated for this operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in the controlled mode. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The D/F emission factor for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (4) Operators of area sources must conduct performance tests for D/F, according to the procedures in § 63.1512(e) without operating a control device, if compliance has not been previously demonstrated for this operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1). (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Operating parameters representing uncontrolled operation must be established during these tests, as required by § 63.1511(g). For furnaces in batch (cyclic) operation, the number of tap-to-tap cycles (including zero, if none) elapsed using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. For furnaces in continuous (non-cyclic) operation, the time period elapsed (including no time, if none) using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. (iv) The D/F emission factor for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (5) To change modes of operation from uncontrolled to controlled, the owner or operator must perform the following, before charging scrap to the furnace that exceeds the contaminant level established for uncontrolled mode: (i) Change the label on the furnace to reflect controlled operation; (ii) Direct the furnace emissions to the control device; (iii) Turn on the control device and begin lime addition to the control device at the rate established for controlled mode; and (iv) Ensure the control device is operating properly. (6) To change modes of operation from controlled to uncontrolled, the owner or operator must perform the following, before turning off or bypassing the control device: (i) Change the label on the furnace to reflect uncontrolled operation; (ii) Charge scrap with a level of contamination no greater than that used in the performance test for uncontrolled furnaces for the number of tap-to-tap cycles that elapsed (or, for continuously operated furnaces, the time elapsed) before the uncontrolled mode performance test was conducted; and (iii) Decrease the flux addition rate to no higher than the flux addition rate used in the uncontrolled mode performance test. (7) In addition to the recordkeeping requirements of § 63.1517, the owner or operator must maintain records of the nature of each mode change (controlled to uncontrolled, or uncontrolled to controlled), the time the change is initiated, and the time the exhaust gas is diverted from control device to bypass or bypass to control device. (b) Changing from a group 1 controlled furnace processing other than clean charge to a group 1 uncontrolled furnace processing clean charge. (1) Operators of major sources must conduct performance tests for PM, HCl and D/F, according to the procedures in § 63.1512(d) with the capture system and control device operating normally if compliance has not been previously demonstrated in this operating mode. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in the controlled mode. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (2) Operators of major sources must conduct performance tests for PM, HCl, HF and D/F, according to the procedures in § 63.1512(e) without operating a control device if compliance has not been previously demonstrated for this operating mode. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph may be conducted at any time after operation with clean charge has commenced. (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Operating parameters representing uncontrolled operation must be established during these tests, as required by § 63.1511(g). For furnaces in batch (cyclic) operation, the number of tap-to-tap cycles (including zero, if none) elapsed using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. For furnaces in continuous (non-cyclic) operation, the time period elapsed (including no time if none) using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. (iv) Emissions of D/F during this test must not exceed 1.5 µg TEQ/Mg of feed/charge. (v) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k), must be determined. (3) Operators of area sources must conduct performance tests for D/F, according to the procedures in § 63.1512(d) with the capture system and control device operating normally, if compliance has not been previously demonstrated for this operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1). (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The D/F emission factor for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (4) Operators of area sources must conduct performance tests for D/F, according to the procedures in § 63.1512(e) without operating a control device if compliance has not been previously demonstrated for this operating mode. (i) Testing under this paragraph must be conducted at any time after operation with clean charge has commenced and must be conducted in accordance with § 63.1511(b)(1) and under representative conditions expected to produce the highest level of D/F in the uncontrolled mode. (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Operating parameters representing uncontrolled operation must be established during these tests, as required by § 63.1511(g). For furnaces in batch (cyclic) operation, the number of tap-to-tap cycles elapsed (including zero, if none) using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. For furnaces in continuous (non-cyclic) operation, the time period elapsed (including no time, if none) using the feed/charge type, feed/charge rate and flux rate must be established as a parameter to be met before changing to uncontrolled mode. (iv) Emissions of D/F during this test must not exceed 1.5 µg TEQ/Mg of feed/charge. (5) To change modes of operation from uncontrolled to controlled, the owner or operator must perform the following, before charging scrap to the furnace that exceeds the contaminant level established for uncontrolled mode: (i) Change the label on the furnace to reflect controlled operation; (ii) Direct the furnace emissions to the control device; (iii) Turn on the control device and begin lime addition to the control device at the rate established for controlled mode; and (iv) Ensure the control device is operating properly. (6) To change modes of operation from controlled to uncontrolled, the owner or operator must perform the following, before turning off or bypassing the control device: (i) Change the label on the furnace to reflect uncontrolled operation; (ii) Charge clean charge for the number of tap-to-tap cycles that elapsed (or, for continuously operated furnaces, the time elapsed) before the uncontrolled mode performance test was conducted; and (iii) Decrease the flux addition rate to no higher than the flux addition rate used in the uncontrolled mode performance test. (7) In addition to the recordkeeping requirements of § 63.1517, the owner or operator must maintain records of the nature of each mode change (controlled to uncontrolled, or uncontrolled to controlled), the time the furnace operating mode change is initiated, and the time the exhaust gas is diverted from control device to bypass or from bypass to control device. (c) Changing from a group 1 controlled or uncontrolled furnace to a group 2 furnace. (1) Operators of major sources must conduct performance tests for PM, HCl and D/F (and HF for uncontrolled group 1 furnaces) according to the procedures in § 63.1512 if compliance has not been previously demonstrated for the operating mode. Controlled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(d) with the capture system and control device operating normally. Uncontrolled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(e) without operating a control device. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in both modes. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (2) While in compliance with the operating requirements of § 63.1506(o) for group 2 furnaces, operators of major sources must conduct performance tests for PM, HCl, HF and D/F, according to the procedures in § 63.1512(e) without operating a control device if compliance has not been previously demonstrated for this operating mode. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph may be conducted at any time after the furnace has commenced operation with clean charge and without reactive flux addition. (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Owners or operators must demonstrate that emissions are no greater than: (A) 1.5 µg D/F (TEQ) per Mg of feed/charge; (B) 0.040 lb HCl or HF per ton of feed/charge; and (C) 0.040 lb PM per ton of feed/charge. (iv) The number of tap-to-tap cycles, or time elapsed between starting operation with clean charge and no reactive flux addition and the group 2 furnace performance test must be established as an operating parameter to be met before changing to group 2 mode. (3) Operators of area sources must conduct a performance tests for D/F, according to the procedures in § 63.1512 if compliance has not been previously demonstrated for the operating mode. Controlled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(d) with the capture system and control device operating normally. Uncontrolled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(e) without operating a control device. (i) The performance tests must be conducted in accordance with § 63.1511(b)(1) under representative conditions expected to produce the highest expected level of D/F in the group 1 mode. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The D/F emission factor for this mode of operation, for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (4) While in compliance with the operating requirements of § 63.1506(o) for group 2 furnaces, operators of area sources must conduct performance tests for D/F, according to the procedures in § 63.1512(e) without operating a control device if compliance has not been previously demonstrated for this operating mode. (i) Testing under this paragraph may be conducted at any time after the furnace has commenced operation with clean charge, and without reactive flux addition. (ii) Testing under this paragraph must be conducted with furnace emissions captured in accordance with the provisions of § 63.1506(c) and directed to the stack or vent tested. (iii) Owners or operators must demonstrate that emissions are no greater than 1.5 µg D/F (TEQ) per Mg of feed/charge. (iv) The number of tap-to-tap cycles, or time elapsed between starting operation with clean charge and no reactive flux and the group 2 furnace performance tests must be established as an operating parameter to be met before changing to group 2 mode. (5) To change modes of operation from a group 2 furnace to a group 1 furnace, the owner or operator must perform the following before adding other than clean charge and before adding reactive flux to the furnace: (i) Change the label on the furnace to reflect group 1 operation; (ii) Direct the furnace emissions to the control device, if it is equipped with a control device; (iii) If the furnace is equipped with a control device, turn on the control device and begin lime addition to the control device at the rate established for group 1 mode; and (iv) Ensure the control device is operating properly. (6) To change mode of operation from a group 1 furnace to group 2 furnace, the owner or operator must perform the following, before turning off or bypassing the control device: (i) Change the label on the furnace to reflect group 2 operation; (ii) Charge clean charge for the number of tap-to-tap cycles that elapsed (or, for continuously operated furnaces, the time elapsed) before the group 2 performance test was conducted; and, (iii) Use no reactive flux. (7) In addition to the recordkeeping requirements of § 63.1517, the owner or operator must maintain records of the nature of each mode change (controlled or uncontrolled to group 2), the time the change is initiated, and the time the exhaust gas is diverted from control device to bypass or from bypass to control device. (d) Changing from a group 1 controlled or uncontrolled furnace to group 2 furnace, for tilting reverberatory furnaces capable of completely removing furnace contents between batches. (1) Operators of major sources must conduct performance tests for PM, HCl, and D/F (and HF for uncontrolled furnaces) according to the procedures in § 63.1512 if compliance has not been previously demonstrated for this operating mode. Controlled group 1 furnaces must conduct performance tests with the capture system and control device operating normally if compliance has not been previously demonstrated for the operating mode. Controlled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(d) with the capture system and control device operating normally. Uncontrolled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(e) without operating a control device. Performance tests must be repeated at least once every 5 years to demonstrate compliance for each operating mode. (i) Testing under this paragraph must be conducted in accordance with § 63.1511(b)(1) in both modes. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The emission factors for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k), must be determined. (2) Operators of area sources must conduct performance tests for D/F according to the procedures in § 63.1512 if compliance has not been previously demonstrated for this operating mode. Controlled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(d) with the capture system and control device operating normally. Uncontrolled group 1 furnaces must conduct performance tests according to the procedures in § 63.1512(e) without operating a control device. (i) The performance test must be conducted in accordance with § 63.1511(b)(1) under representative conditions expected to produce the highest expected level of D/F in the group 1 mode. (ii) Operating parameters must be established during these tests, as required by § 63.1511(g). (iii) The D/F emission factor for this mode of operation for use in the demonstration of compliance with the emission limits for SAPUs specified in § 63.1505(k) must be determined. (3) To change modes of operation from a group 1 furnace to a group 2 furnace, the owner or operator must perform the following before turning off or bypassing the control device: (i) Completely remove all aluminum from the furnace; (ii) Change the label on the furnace to reflect group 2 operation; (iii) Use only clean charge; and (iv) Use no reactive flux. (4) To change modes of operation from a group 2 furnace to a group 1 furnace, the owner or operator must perform the following before adding other than clean charge and before adding reactive flux to the furnace: (i) Change the label on the furnace to reflect group 1 operation; (ii) Direct the furnace emissions to the control device, if it is equipped with a control device;, (iii) If the furnace is equipped with a control device, turn on the control device and begin lime addition to the control device at the rate established for group 1 mode; and (iv) Ensure the control device is operating properly. (5) In addition to the recordkeeping requirements of § 63.1517, the owner or operator must maintain records of the nature of each mode change (group 1 to group 2, or group 2 to group 1), the time the furnace operating mode change is initiated, and, if the furnace is equipped with a control device, the time the exhaust gas is diverted from control device to bypass or from bypass to control device. (e) Limit on frequency of changing furnace operating mode. (2) If additional changes are needed, the owner or operator must apply in advance to the permitting authority, for major sources, or the Administrator, for area sources, for approval of the additional changes in operating mode. [80 FR 56749, Sept. 18, 2015, as amended at 81 FR 38088, June 13, 2016] Notifications, Reports, And Records § 63.1515 Notifications. (a) Initial notifications. (1) As required by § 63.9(b)(1), the owner or operator must provide notification for an area source that subsequently increases its emissions such that the source is a major source subject to the standard. (2) As required by § 63.9(b)(3), the owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, that has an initial startup after the effective date of this subpart and for which an application for approval of construction or reconstruction is not required under § 63.5(d), must provide notification that the source is subject to the standard. (3) As required by § 63.9(b)(4), the owner or operator of a new or reconstructed major affected source that has an initial startup after the effective date of this subpart and for which an application for approval of construction or reconstruction is required by § 63.5(d) must provide the following notifications: (i) Intention to construct a new major affected source, reconstruct a major source, or reconstruct a major source such that the source becomes a major affected source; (ii) Date when construction or reconstruction was commenced (submitted simultaneously with the application for approval of construction or reconstruction if construction or reconstruction was commenced before the effective date of this subpart, or no later than 30 days after the date construction or reconstruction commenced if construction or reconstruction commenced after the effective date of this subpart); (iii) Anticipated date of startup; and (iv) Actual date of startup. (4) As required by § 63.9(b)(5), after the effective date of this subpart, an owner or operator who intends to construct a new affected source or reconstruct an affected source subject to this subpart, or reconstruct a source such that it becomes an affected source subject to this subpart, must provide notification of the intended construction or reconstruction. The notification must include all the information required for an application for approval of construction or reconstruction as required by § 63.5(d). For major sources, the application for approval of construction or reconstruction may be used to fulfill these requirements. (i) The application must be submitted as soon as practicable before the construction or reconstruction is planned to commence (but no sooner than the effective date) if the construction or reconstruction commences after the effective date of this subpart; or (ii) The application must be submitted as soon as practicable before startup but no later than 90 days after the effective date of this subpart if the construction or reconstruction had commenced and initial startup had not occurred before the effective date. (5) As required by § 63.9(d), the owner or operator must provide notification of any special compliance obligations for a new source. (6) As required by § 63.9(e) and (f), the owner or operator must provide notification of the anticipated date for conducting performance tests and visible emission observations. The owner or operator must notify the Administrator of the intent to conduct a performance test at least 60 days before the performance test is scheduled; notification of opacity or visible emission observations for a performance test must be provided at least 30 days before the observations are scheduled to take place. (7) As required by § 63.9(g), the owner or operator must provide additional notifications for sources with continuous emission monitoring systems or continuous opacity monitoring systems. (b) Notification of compliance status report. (1) All information required in § 63.9(h). The owner or operator must provide a complete performance test report for each affected source and emission unit for which a performance test is required. A complete performance test report includes all data, associated measurements, and calculations (including visible emission and opacity tests). (2) The approved site-specific test plan and performance evaluation test results for each continuous monitoring system (including a continuous emission or opacity monitoring system). (3) Unit labeling as described in § 63.1506(b), including process type or furnace classification and operating requirements. (4) The compliant operating parameter value or range established for each affected source or emission unit with supporting documentation and a description of the procedure used to establish the value (e.g., lime injection rate, total reactive chlorine flux injection rate, total reactive fluorine flux injection rate for uncontrolled group 1 furnaces, afterburner operating temperature, fabric filter inlet temperature), including the operating cycle or time period used in the performance test. (5) Design information and analysis, with supporting documentation, demonstrating conformance with the requirements for capture/collection systems in § 63.1506(c). (6) If applicable, analysis and supporting documentation demonstrating conformance with EPA guidance and specifications for bag leak detection systems in § 63.1510(f). (7) Manufacturer's specification or analysis documenting the design residence time of no less than 1 second for each afterburner used to control emissions from a scrap dryer/delacquering kiln/decoating kiln subject to alternative emission standards in § 63.1505(e). (8) Manufacturer's specification or analysis documenting the design residence time of no less than 0.8 seconds and design operating temperature of no less than 1,600 °F for each afterburner used to control emissions from a sweat furnace that is not subject to a performance test. (9) The OM&M plan (including site-specific monitoring plan for each group 1 furnace with no add-on air pollution control device). [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 59793, Sept. 24, 2002; 67 FR 79818, Dec. 30, 2002; 80 FR 56752, Sept. 18, 2015; 81 FR 38088, June 13, 2016] § 63.1516 Reports. (a) [Reserved] (b) Excess emissions/summary report. (1) A report must be submitted if any of these conditions occur during a 6-month reporting period: (i) The corrective action specified in the OM&M plan for a bag leak detection system alarm was not initiated within 1 hour. (ii) The corrective action specified in the OM&M plan for a continuous opacity monitoring deviation was not initiated within 1 hour. (iii) The corrective action specified in the OM&M plan for visible emissions from an aluminum scrap shredder was not initiated within 1 hour. (iv) An excursion of a compliant process or operating parameter value or range ( e.g., (v) [Reserved] (vi) An affected source (including an emission unit in a secondary aluminum processing unit) was not operated according to the requirements of this subpart. (vii) A deviation from the 3-day, 24-hour rolling average emission limit for a secondary aluminum processing unit. (2) Each report must include each of these certifications, as applicable: (i) For each thermal chip dryer: “Only unpainted aluminum chips were used as feedstock in any thermal chip dryer during this reporting period.” (ii) For each dross-only furnace: “Only dross and salt flux were used as the charge materials in any dross-only furnace during this reporting period.” (iii) For each sidewell group 1 furnace with add-on air pollution control devices: “Each furnace was operated such that the level of molten metal remained above the top of the passage between the sidewell and hearth during reactive fluxing, and reactive flux, except for cover flux, was added only to the sidewell or to a furnace hearth equipped with an add-on air pollution control device for PM, HCl, and D/F emissions during this reporting period.” (iv) For each group 1 melting/holding furnace without add-on air pollution control devices and using pollution prevention measures that processes only clean charge material: “Each group 1 furnace without add-on air pollution control devices subject to emission limits in § 63.1505(i)(2) processed only clean charge during this reporting period.” (v) For each group 2 furnace: “Only clean charge materials were processed in any group 2 furnace during this reporting period, and no fluxing was performed or all fluxing performed was conducted using only nonreactive, non-HAP-containing/non-HAP-generating fluxing gases or agents, except for cover fluxes, during this reporting period.” (vi) For each in-line fluxer using no reactive flux: “Only nonreactive, non-HAP-containing, non-HAP-generating flux gases, agents, or materials were used at any time during this reporting period.” (vii) For each affected source choosing to demonstrate compliance during periods of startup and shutdown in accordance with § 63.1513(f)(1): “During each startup and shutdown, no flux and no feed/charge were added to the emission unit, and electricity, propane or natural gas were used as the sole source of heat or the emission unit was not heated.” (3) The owner or operator must submit the results of any performance test conducted during the reporting period, including one complete report documenting test methods and procedures, process operation, and monitoring parameter ranges or values for each test method used for a particular type of emission point tested. (i) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (b)(3)(i)(A) or (B) of this section. (A) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( https://www3.epa.gov/ttn/chiefert/ert_info.html https://cdx.epa.gov/ (B) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (ii) [Reserved] (4) A malfunction report that is required under paragraph (d) of this section shall be submitted simultaneously with the semiannual excess emissions/summary report required by paragraph (b) of this section. (c) Annual compliance certifications. (1) Any period of excess emissions, as defined in paragraph (b)(1) of this section, that occurred during the year were reported as required by this subpart; and (2) All monitoring, recordkeeping, and reporting requirements were met during the year. (d) If there was a malfunction during the reporting period, the owner or operator must submit a report that includes the emission unit ID, monitor ID, pollutant or parameter monitored, beginning date and time of the event, end date and time of the event, cause of the deviation or exceedance and corrective action taken for each malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must include a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions, including, but not limited to, product-loss calculations, mass balance calculations, measurements when available, or engineering judgment based on known process parameters. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1506(a)(5). (e) All reports required by this subpart not subject to the requirements in paragraph (b) of this section must be sent to the Administrator at the appropriate address listed in § 63.13. If acceptable to both the Administrator and the owner or operator of a source, these reports may be submitted on electronic media. The Administrator retains the right to require submittal of reports subject to paragraph (b) of this section in paper format. [65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53984, Sept. 3, 2004; 71 FR 20461, Apr. 20, 2006; 80 FR 56753, Sept. 18, 2015; 81 FR 38088, June 13, 2016] § 63.1517 Records. (a) As required by § 63.10(b), the owner or operator shall maintain files of all information (including all reports and notifications) required by the general provisions and this subpart. (1) The owner or operator must retain each record for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. The most recent 2 years of records must be retained at the facility. The remaining 3 years of records may be retained off site. (2) The owner or operator may retain records on microfilm, computer disks, magnetic tape, or microfiche; and (3) The owner or operator may report required information on paper or on a labeled computer disk using commonly available and EPA-compatible computer software. (b) In addition to the general records required by § 63.10(b), the owner or operator of a new or existing affected source (including an emission unit in a secondary aluminum processing unit) must maintain records of: (1) For each affected source and emission unit with emissions controlled by a fabric filter or a lime-injected fabric filter: (i) If a bag leak detection system is used, the number of total operating hours for the affected source or emission unit during each 6-month reporting period, records of each alarm, the time of the alarm, the time corrective action was initiated and completed, and a brief description of the cause of the alarm and the corrective action(s) taken. (ii) If a continuous opacity monitoring system is used, records of opacity measurement data, including records where the average opacity of any 6-minute period exceeds 5 percent, with a brief explanation of the cause of the emissions, the time the emissions occurred, the time corrective action was initiated and completed, and the corrective action taken. (iii) If an aluminum scrap shredder is subject to visible emission observation requirements, records of all Method 9 observations, including records of any visible emissions during a 30-minute daily test or records of all ASTM D7520-13 observations (incorporated by reference, see § 63.14), including data sheets and all raw unaltered JPEGs used for opacity determination, with a brief explanation of the cause of the emissions, the time the emissions occurred, the time corrective action was initiated and completed, and the corrective action taken. (2) For each affected source with emissions controlled by an afterburner: (i) Records of 15-minute block average afterburner operating temperature, including any period when the average temperature in any 3-hour block period falls below the compliant operating parameter value with a brief explanation of the cause of the excursion and the corrective action taken; and (ii) Records of annual afterburner inspections. (3) For each scrap dryer/delacquering kiln/decoating kiln and group 1 furnace, subject to D/F and HCl emission standards with emissions controlled by a lime-injected fabric filter, records of 15-minute block average inlet temperatures for each lime-injected fabric filter, including any period when the 3-hour block average temperature exceeds the compliant operating parameter value +14 °C (+ 25 °F), with a brief explanation of the cause of the excursion and the corrective action taken. (4) For each affected source and emission unit with emissions controlled by a lime-injected fabric filter: (i) Records of inspections at least once every 8-hour period verifying that lime is present in the feeder hopper or silo and flowing, including any inspection where blockage is found, with a brief explanation of the cause of the blockage and the corrective action taken, and records of inspections at least once every 4-hour period for the subsequent 3 days. If flow monitors, pressure drop sensors or load cells are used to verify that lime is present in the hopper and flowing, records of all monitor or sensor output including any event where blockage was found, with a brief explanation of the cause of the blockage and the corrective action taken; (ii) If lime feeder setting is monitored, records of daily and monthly inspections of feeder setting, including records of any deviation of the feeder setting from the setting used in the performance test, with a brief explanation of the cause of the deviation and the corrective action taken. If a lime feeder has been repaired or replaced, this action must be documented along with records of the new feeder calibration and the feed mechanism set points necessary to maintain the lb/hr feed rate operating limit. These records must be maintained on site and available upon request. (iii) If lime addition rate for a noncontinuous lime injection system is monitored pursuant to the approved alternative monitoring requirements in § 63.1510(v), records of the time and mass of each lime addition during each operating cycle or time period used in the performance test and calculations of the average lime addition rate (lb/ton of feed/charge). (5) For each group 1 furnace (with or without add-on air pollution control devices) or in-line fluxer, records of 15-minute block average weights of gaseous or liquid reactive flux injection, total reactive flux injection rate and calculations (including records of the identity, composition, and weight of each addition of gaseous, liquid or solid reactive flux), including records of any period the rate exceeds the compliant operating parameter value and corrective action taken. (6) For each continuous monitoring system, records required by § 63.10(c). (7) For each affected source and emission unit subject to an emission standard in kg/Mg (lb/ton) of feed/charge, records of feed/charge (or throughput) weights for each operating cycle or time period used in the performance test. (8) Approved site-specific monitoring plan for a group 1 furnace without add-on air pollution control devices with records documenting conformance with the plan. (9) Records of all charge materials for each thermal chip dryer, dross-only furnace, and group 1 melting/holding furnaces without air pollution control devices processing only clean charge. (10) Operating logs for each group 1 sidewell furnace with add-on air pollution control devices documenting conformance with operating standards for maintaining the level of molten metal above the top of the passage between the sidewell and hearth during reactive flux injection and for adding reactive flux only to the sidewell or a furnace hearth equipped with a control device for PM, HCl, and D/F emissions. (11) For each in-line fluxer for which the owner or operator has certified that no reactive flux was used: (i) Operating logs which establish that no source of reactive flux was present at the in-line fluxer; (ii) Labels required pursuant to § 63.1506(b) which establish that no reactive flux may be used at the in-line fluxer; or (iii) Operating logs which document each flux gas, agent, or material used during each operating cycle. (12) Records of all charge materials and fluxing materials or agents for a group 2 furnace. (13) Records of monthly inspections for proper unit labeling for each affected source and emission unit subject to labeling requirements. (14) Records of annual inspections of emission capture/collection and closed vent systems or, if the alternative to the annual flow rate measurements is used, records of differential pressure; fan RPM or fan motor amperage; static pressure measurements; or duct centerline velocity using a hotwire anemometer, ultrasonic flow meter, cross-duct pressure differential sensor, venturi pressure differential monitoring or orifice plate equipped with an associated thermocouple, as appropriate. (15) Records for any approved alternative monitoring or test procedure. (16) Current copy of all required plans, including any revisions, with records documenting conformance with the applicable plan, including: (i) [Reserved] (ii) OM&M plan; and (iii) Site-specific secondary aluminum processing unit emission plan (if applicable). (17) For each secondary aluminum processing unit, records of total charge weight, or if the owner or operator chooses to comply on the basis of aluminum production, total aluminum produced for each 24-hour period and calculations of 3-day, 24-hour rolling average emissions. (18) For any failure to meet an applicable standard, the owner or operator must maintain the following records; (i) Records of the emission unit ID, monitor ID, pollutant or parameter monitored, beginning date and time of the event, end date and time of the event, cause of the deviation or exceedance and corrective action taken. (ii) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.1506(a)(5), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (19) For each period of startup or shutdown for which the owner or operator chooses to demonstrate compliance for an affected source, the owner or operator must comply with (b)(19)(i) or (ii) of this section. (i) To demonstrate compliance based on a feed/charge rate of zero, a flux rate of zero and the use of electricity, propane or natural gas as the sole sources of heating or the lack of heating, the owner or operator must submit a semiannual report in accordance with § 63.1516(b)(2)(vii) or maintain the following records: (A) The date and time of each startup and shutdown; (B) The quantities of feed/charge and flux introduced during each startup and shutdown; and (C) The types of fuel used to heat the unit, or that no fuel was used, during startup and shutdown; or (ii) To demonstrate compliance based on performance tests, the owner or operator must maintain the following records: (A) The date and time of each startup and shutdown; (B) The measured emissions in lb/hr or µg/hr or ng/hr; (C) The measured feed/charge rate in tons/hr or Mg/hr from your most recent performance test associated with a production rate greater than zero, or the rated capacity of the affected source if no prior performance test data is available; and (D) An explanation to support that such conditions are considered representative startup and shutdown operations. (20) For owners or operators that choose to change furnace operating modes, the following records must be maintained: (i) The date and time of each change in furnace operating mode, and (ii) The nature of the change in operating mode (for example, group 1 controlled furnace processing other than clean charge to group 2). [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79818, Dec. 30, 2002; 80 FR 56753, Sept. 18, 2015; 81 FR 38089, June 13, 2016] Other § 63.1518 Applicability of general provisions. The requirements of the general provisions in subpart A of this part that are applicable to the owner or operator subject to the requirements of this subpart are shown in appendix A to this subpart. § 63.1519 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this regulation. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this regulation to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the requirements in §§ 63.1500 through 63.1501 and 63.1505 through 63.1506. (2) Approval of major alternatives to test methods for under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37359, June 23, 2003] § 63.1520 [Reserved] Table 1 to Subpart RRR of Part 63—Emission Standards for New and Existing Affected Sources [81 FR 38089, June 13, 2016] Table 2 to Subpart RRR of Part 63—Summary of Operating Requirements for New and Existing Affected Sources and Emission Units Affected source/emission unit Monitor type/operation/process Operating requirements All affected sources and emission units with an add-on air pollution control device Emission capture and collection system Design and install in accordance with ACGIH Guidelines; e b All affected sources and emission units subject to production-based (lb/ton of feed) emission limits a Charge/feed weight or Production weight Operate a device that records the weight of each charge; Operate in accordance with OM&M plan. b Group 1 furnace, group 2 furnace, in-line fluxer and scrap dryer/delacquering kiln/decoating kiln Labeling Identification, operating parameter ranges and operating requirements posted at affected sources and emission units; control device temperature and residence time requirements posted at scrap dryer/delacquering kiln/decoating kiln. Aluminum scrap shredder with fabric filter Bag leak detector or Initiate corrective action within 1-hr of alarm and complete in accordance with OM&M plan b COM or Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more and complete in accordance with OM&M plan. b VE Initiate corrective action within 1-hr of any observed VE and complete in accordance with the OM&M plan. b Thermal chip dryer with afterburner Afterburner operating temperature Maintain average temperature for each 3-hr period at or above average operating temperature during the performance test. Afterburner operation Operate in accordance with OM&M plan. b Feed material Operate using only unpainted aluminum chips. Scrap dryer/delacquering kiln/decoating kiln with afterburner and lime-injected fabric filter Afterburner operating temperature Maintain average temperature for each 3-hr period at or above average operating temperature during the performance test. Afterburner operation Operate in accordance with OM&M plan. b Bag leak detector or Initiate corrective action within 1-hr of alarm and complete in accordance with the OM&M plan; b COM Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more and complete in accordance with the OM&M plan. b Fabric filter inlet temperature Maintain average fabric filter inlet temperature for each 3-hr period at or below average temperature during the performance test +14 °C (+25 °F). Lime injection rate Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; maintain feeder setting at or above the level established during the performance test for continuous injection systems. Sweat furnace with afterburner Afterburner operating temperature If a performance test was conducted, maintain average temperature for each 3-hr period at or above average operating temperature during the performance test; if a performance test was not conducted, and afterburner meets specifications of § 63.1505(f)(1), maintain average temperature for each 3-hr period at or above 1600 °F. Afterburner operation Operate in accordance with OM&M plan. b Dross-only furnace with fabric filter Bag leak detector or Initiate corrective action within 1-hr of alarm and complete in accordance with the OM&M plan; b COM Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more and complete in accordance with the OM&M plan. b Feed/charge material Operate using only dross as the feed material. Rotary dross cooler with fabric filter Bag leak detector or Initiate corrective action within 1-hr of alarm and complete in accordance with the OM&M plan; b COM Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more and complete in accordance with the OM&M plan. b In-line fluxer with lime-injected fabric filter (including those that are part of a secondary aluminum processing unit) Bag leak detector or Initiate corrective action within 1-hr of alarm and complete in accordance with the OM&M plan; b COM Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more and complete in accordance with the OM&M plan. b Lime injection rate Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; maintain feeder setting at or above the level established during performance test for continuous injection systems. Reactive flux injection rate Maintain reactive flux injection rate at or below rate used during the performance test for each operating cycle or time period used in the performance test. In-line fluxer (using no reactive flux material) Flux materials Use no reactive flux. Group 1 furnace with lime-injected fabric filter (including those that are part of a secondary of aluminum processing unit) Bag leak detector or Initiate corrective action within 1-hr of alarm; operate such that alarm does not sound more than 5% of operating time in 6-month period; complete corrective action in accordance with the OM&M plan. b COM Initiate corrective action within 1-hr of a 6-minute average opacity reading of 5% or more; complete corrective action in accordance with the OM&M plan. b Fabric filter inlet temperature Maintain average fabric filter inlet temperature for each 3-hour period at or below average temperature during the performance test +14 °C (+25 °F). Natural gas-fired, propane-fired or electrically heated group 1 furnaces that will be idled for at least 24 hours Operation of associated capture/collection systems and APCD b Reactive flux injection rate Maintain reactive flux injection rate (kg/Mg) (lb/ton) at or below rate used during the performance test for each furnace cycle. Lime injection rate Maintain free-flowing lime in the feed hopper or silo at all times for continuous injection systems; maintain feeder setting at or above the level established at performance test for continuous injection systems. Maintain molten aluminum level Operate sidewell furnaces such that the level of molten metal is above the top of the passage between sidewell and hearth during reactive flux injection, unless the hearth is also controlled. Fluxing in sidewell furnace hearth Add reactive flux only to the sidewell of the furnace unless the hearth is also controlled. Group 1 furnace without add-on air pollution controls (including those that are part of a secondary aluminum processing unit) Reactive flux injection rate Maintain the total reactive chlorine flux injection rate and total reactive fluorine flux injection rate for each operating cycle or time period used in the performance test at or below the average rate established during the performance test. Clean (group 2) furnace Charge and flux materials Use only clean charge. Use no reactive flux. a b c d e [65 FR 15710, Mar. 23, 2000, as amended at 67 FR 79818, Dec. 30, 2002; 69 FR 53984, Sept. 3, 2004; 80 FR 56757, Sept. 18, 2015; 81 FR 38092, June 13, 2016] Table 3 to Subpart RRR of Part 63—Summary of Monitoring Requirements for New and Existing Affected Sources and Emission Units Affected source/Emission unit Monitor type/Operation/Process Monitoring requirements All affected sources and emission units with an add-on air pollution control device Emission capture and collection system Annual inspection of all emission capture, collection, and transport systems to ensure that systems continue to operate in accordance with ACGIH Guidelines. e d All affected sources and emission units subject to production-based (lb/ton or gr/ton of feed/charge) emission limits. a Feed/charge weight Record weight of each feed/charge, weight measurement device or other procedure accuracy of ±1%; b Group 1 furnace, group 2 furnace, in-line fluxer, and scrap dryer/delacquering kiln/decoating kiln Labeling Check monthly to confirm that labels are intact and legible. Aluminum scrap shredder with fabric filter Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM or Design and install in accordance with PS-1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. VE Conduct and record results of 30-minute daily test in accordance with Method 9 or ASTM D7520-13. e Thermal chip dryer with afterburner Afterburner operating temperature Continuous measurement device to meet specifications in § 63.1510(g)(1); record average temperature for each 15-minute block; determine and record 3-hr block averages. Afterburner operation Annual inspection of afterburner internal parts; complete repairs in accordance with the OM&M plan. Feed/charge material Record identity of each feed/charge; certify feed/charge materials every 6 months. Scrap dryer/delacquering kiln/decoating kiln with afterburner and lime-injected fabric filter Afterburner operating temperature Continuous measurement device to meet specifications in § 63.1510(g)(1); record temperature for each 15-minute block; determine and record 3-hr block averages. Afterburner operation Annual inspection of afterburner internal parts; complete repairs in accordance with the OM&M plan. Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM Design and Install in accordance with PS-1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. Lime injection rate For continuous injection systems, inspect each feed hopper or silo every 8 hours to verify that lime is free flowing; record results of each inspection. If blockage occurs, inspect every 4 hours for 3 days; return to 8-hour inspections if corrective action results in no further blockage during 3-day period, record feeder setting daily. Verify monthly that lime injection rate is no less than 90 percent of the rate used during the compliance demonstration test. Fabric filter inlet temperature Continuous measurement device to meet specifications in § 63.1510(h)(2); record temperatures in 15-minute block averages; determine and record 3-hr block averages. Sweat furnace with afterburner Afterburner operating temperature Continuous measurement device to meet specifications in § 63.1510(g)(1); record temperatures in 15-minute block averages; determine and record 3-hr block averages. Afterburner operation Annual inspection of afterburner internal parts; complete repairs in accordance with the OM&M plan. Dross-only furnace with fabric filter Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM Design and install in accordance with PS-1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. Feed/charge material Record identity of each feed/charge; certify charge materials every 6 months. Rotary dross cooler with fabric filter Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM Design and install in accordance with PS-1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. In-line fluxer with lime-injected fabric filter Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM Design and install in accordance with PS-1; collect data in accordance with subpart A of 40 CFR part 63; determine and record 6-minute block averages. Reactive flux injection rate Weight measurement device accuracy of ±1%; b In-line fluxer using no reactive flux Flux materials Record flux materials; certify every 6 months for no reactive flux. Group 1 furnace with lime-injected fabric filter Bag leak detector or Install and operate in accordance with manufacturer's operating instructions. COM Design and install in accordance with PS-1; collect data in accordance with subpart A of 40 part CFR 63; determine and record 6-minute block averages. Lime injection rate For continuous injection systems, record feeder setting daily and inspect each feed hopper or silo every 8 hours to verify that lime is free-flowing; record results of each inspection. If blockage occurs, inspect every 4 hours for 3 days; return to 8-hour inspections if corrective action results in no further blockage during 3-day period. c Reactive flux injection rate Weight measurement device accuracy of ±1%; b Group 1 furnace without add-on controls Fluxing in sidewell furnace hearth Maintain flux addition operating log; certify every 6 months. Reactive flux injection rate Weight measurement device accuracy of +1%; b OM&M plan (approved by permitting agency) Demonstration of site-specific monitoring procedures to provide data and show correlation of emissions across the range of charge and flux materials and furnace operating parameters. Feed material (melting/holding furnace) Record type of permissible feed/charge material; certify charge materials every 6 months. Clean (group 2) furnace Charge and flux materials Record charge and flux materials; certify every 6 months for clean charge and no reactive flux. a b c d e [65 FR 15710, Mar. 23, 2000, as amended at 69 FR 53985, Sept. 3, 2004; 80 FR 56758, Sept. 18, 2015; 81 FR 38092, June 13, 2016] Appendix A to Subpart RRR of Part 63—General Provisions Applicability to Subpart RRR Citation Requirement Applies to RRR Comment § 63.1(a)(1)-(4) General Applicability Yes § 63.1(a)(5) No [Reserved] § 63.1(a)(6) Yes § 63.1(a)(7)-(9) No [Reserved] § 63.1(a)(10)-(12) Yes § 63.1(b) Initial Applicability Determination Yes EPA retains approval authority. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2) Yes § 63.1500(e) exempts area sources subject to this subpart from the obligation to obtain Title V operating permits. § 63.1(c)(3)-(4) No [Reserved] § 63.1(c)(5) Yes § 63.1(c)(6) Reclassification Yes § 63.1(d) No [Reserved] § 63.1(e) Applicability of Permit Program Yes § 63.2 Definitions Yes Additional definitions in § 63.1503. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(a)(3)-(5) No [Reserved] § 63.4(b) Circumvention Yes § 63.4(c) Fragmentation Yes § 63.5(a) Applicability of Preconstruction Review and Notification Yes § 63.5(b)(1) Requirements for Existing, Newly, Constructed Sources and Reconstructed Sources Yes § 63.5(b)(2) No [Reserved] § 63.5(b)(3)-(4) Yes § 63.5(b)(5) No [Reserved] § 63.5(b)(6) Yes § 63.5(c) No [Reserved] § 63.5(d) Application for Approval of Construction or Reconstruction Yes § 63.5(e) Approval of Construction or Reconstruction Yes § 63.5(f) Approval of Construction or Reconstruction Based on Prior State Preconstruction Review Yes § 63.6(a) Applicability for Compliance with Standards and Maintenance Requirements Yes § 63.6(b)(1)-(5) Compliance Dates for New and Reconstructed Sources Yes § 63.1501 specifies dates. § 63.6(b)(6) No [Reserved] § 63.6(b)(7) Yes § 63.6(c)(1) Compliance Dates for Existing Sources Yes § 63.1501 specifies dates. § 63.6(c)(2) Yes § 63.6(c)(3)-(4) No [Reserved] § 63.6(c)(5) Yes § 63.6(d) No [Reserved] § 63.6(e)(1)(i) Operation and Maintenance Requirements No See § 63.1506(a)(5) for general duty requirement. Any other cross reference to § 63.6(3)(1)(i) in any other general provision referenced shall be treated as a cross reference to § 63.1506(a)(5). § 63.6(e)(1)(ii) No § 63.6(e)(2) No [Reserved] § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan No § 63.6(f)(1) Compliance with Nonopacity Emission Standards No § 63.6(f)(2) Yes § 63.6(g) Use of an Alternative Nonopacity Emission Standard No § 63.6(h)(1) Applicability for Compliance with Opacity and Visible Emission Standards No § 63.6(h)(2) Methods for Determining Compliance Yes § 63.6(h)(3) No [Reserved] § 63.6(h)(4)-(9) Yes § 63.6(i)(1)-(14) Extension of Compliance Yes § 63.6(i)(15) No [Reserved] § 63.6(i)(16) Yes § 63.6(j) Exemption from Compliance Yes § 63.7(a) Applicability and Performance Test Dates Yes Except § 63.1511 establishes dates for initial performance tests. § 63.7(b) Notification of Performance Test Yes § 63.7(c) Quality Assurance Program Yes § 63.7(d) Performance Testing Facilities Yes § 63.7(e)(1) Conduct of Performance Tests No § 63.7(e)(2) Yes § 63.7(e)(3) Yes § 63.7(f) Use of an Alternative Test Method Yes § 63.7(g)(1)-(3) Data Analysis, Recordkeeping, and Reporting Yes Except for § 63.7(g)(2), which is reserved. § 63.7(h)(1)-(5) Waiver of Performance Tests Yes § 63.8(a)(1) Applicability for Monitoring Requirements Yes § 63.8(a)(2) Yes § 63.8(a)(3) No [Reserved] § 63.8(a)(4) Yes § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1)(i) Operation and Maintenance of Continuous Monitoring Systems (CMS) No See § 63.1506(a)(5) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) No § 63.8(c)(2)-(8) Yes § 63.8(d)(1)-(2) Quality Control Program Yes § 63.8(d)(3) Yes, except for last sentence, which refers to an SSM plan. SSM plans are not required § 63.8(e) Performance Evaluation of CMS Yes § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method No § 63.1501(w) includes provisions for monitoring alternatives. § 63.8(f)(6) Alternative to the Relative Accuracy Test Yes § 63.8(g)(1) Reduction of Monitoring Data Yes § 63.8(g)(2) No § 63.1512 requires five 6-minute averages for an aluminum scrap shredder. § 63.8(g)(3)-(5) Yes § 63.9(a) Applicability and General Information for Notification Requirements Yes § 63.9(b)(1)-(5) Initial Notifications Yes Except § 63.9(b)(3) is reserved. § 63.9(c) Request for Compliance Extension Yes § 63.9(d) Notification that Source is Subject to Special Compliance Requirements Yes § 63.9(e) Notification of Performance Test Yes § 63.9(f) Notification of Opacity and Visible Emission Observations Yes § 63.9(g) Additional Notification Requirement for Sources with CMS Yes § 63.9(h)(1)-(3) Notification of Compliance Status Yes Except § 63.1515 establishes dates notification of compliance status reports. § 63.9(h)(4) No [Reserved] § 63.9(h)(5)-(6) Yes § 63.9(i) Adjustment of Deadlines for Required Communications Yes § 63.9(j) Change in Information Already Provided Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Applicability and General Information for Recordkeeping and Reporting Requirements Yes § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.10(b)(2)(i), (ii), (iv), (v) No § 63.10(b)(2)(iii), (vi)-(xiv) Yes § 63.1517 includes additional requirements. § 63.10(b)(3) Recordkeeping Requirement for Applicability Determinations Yes § 63.10(c)(1) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(2)-(4) No [Reserved] § 63.10(c)(5) Yes § 63.10(c)(6) Yes § 63.10(c)(7)-(8) Yes § 63.10(c)(9) No [Reserved] § 63.10(c)(10)-(13) Yes § 63.10(c)(14) Yes § 63.10(c)(15) No § 63.10(d)(1) General Reporting Requirements Yes § 63.10(d)(2) Reporting Results of Performance Tests Yes § 63.10(d)(3) Reporting Results of Opacity or Visible Emission Observations Yes § 63.10(d)(4) Progress Reports No See § 63.1516(d). § 63.10(d)(5) Periodic Startup, Shutdown, and Malfunction Reports No See § 63.1516(d). § 63.10(e)(1)-(2) Additional Reporting Requirements for Sources with CMS Yes § 63.10(e)(3) Excess Emissions and CMS Performance Report and Summary Report Yes Reporting deadline given in § 63.1516. § 63.10(e)(4) Continuous Opacity Monitoring System (COMS) Data Produced During a Performance Test Yes § 63.10(f) Waiver of Recordkeeping or Reporting Requirements Yes § 63.11(a)-(e) Control Device and Work Practice Requirements No Flares not applicable. § 63.12(a)-(c) State Authority and Delegations Yes EPA retains authority for applicability determinations. § 63.13 Addresses Yes § 63.14 Incorporations by Reference Yes ACGIH Guidelines, ASTM D7520-13, and Interim Procedures for Estimating Risks Associated with Exposures to Mixtures of Chlorinated Dibenzo-p-Dioxins and -Dibenzofurans (CDDs and CDFs) and 1989 Update. § 63.15 Availability of Information and Confidentiality Yes § 63.16 Performance Track Provisions No [81 FR 38093, June 13, 2016, as amended at 85 FR 73901, Nov. 19, 2020] Subpart SSS [Reserved] Subpart TTT—National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting Source: 64 FR 30204, June 4, 1999, unless otherwise noted. § 63.1541 Applicability. (a) The provisions of this subpart apply to any facility engaged in producing lead metal from ore concentrates. The category includes, but is not limited to, the following smelting processes: Sintering, reduction, preliminary treatment, refining and casting operations, process fugitive sources, and fugitive dust sources. The sinter process includes an updraft or downdraft sintering machine. The reduction process includes the blast furnace, electric smelting furnace with a converter or reverberatory furnace, and slag fuming furnace process units. The preliminary treatment process includes the drossing kettles and dross reverberatory furnace process units. The refining process includes the refinery process unit. The provisions of this subpart do not apply to secondary lead smelters, lead refiners, or lead remelters. (b) Table 1 of this subpart specifies the provisions of subpart A of this part that apply and those that do not apply to owners and operators of primary lead processors. [76 FR 70852, Nov. 15, 2011] § 63.1542 Definitions. Terms used in this subpart are defined in the Act, in subpart A of this part, or in this section as follows: Affirmative defense Bag leak detection system Blast furnace Building Charging location Dross furnace Drossing and refining kettle Fugitive dust source Furnace area Lead refiner Lead remelter Malfunction Materials storage and handling area Operating time Plant operating time Plant roadway Primary lead processor Process fugitive source Refining and casting area Secondary lead smelter Shutdown Sinter machine Sinter machine area Sinter machine discharge end Startup Tapping location Tapping location [64 FR 30204, June 4, 1999, as amended at 71 FR 20462, Apr. 20, 2006; 76 FR 70852, Nov. 15, 2011] § 63.1543 Standards for process and process fugitive sources. (a) No owner or operator of any existing, new, or reconstructed primary lead processor shall discharge or cause to be discharged into the atmosphere lead compounds in excess of 0.97 pounds per ton of lead metal produced from the aggregation of emissions discharged from air pollution control devices used to control emissions from the sources listed in paragraphs (a)(1) through (9) of this section. (1) Sinter machine; (2) Blast furnace; (3) Dross furnace; (4) Dross furnace charging location; (5) Blast furnace and dross furnace tapping location; (6) Sinter machine charging location; (7) Sinter machine discharge end; (8) Sinter crushing and sizing equipment; and (9) Sinter machine area. (b) No owner or operator of any existing, new, or reconstructed primary lead processor shall discharge or cause to be discharged into the atmosphere lead compounds in excess of 1.2 tons per year from the aggregation of the air pollution control devices used to control emissions from furnace area and refining and casting operations. (c) The process fugitive sources listed in paragraphs (a)(4) through (8) of this section must be equipped with a hood and must be ventilated to a baghouse or equivalent control device. The hood design and ventilation rate must be consistent with American Conference of Governmental Industrial Hygienists recommended practices. (d) The sinter machine area must be enclosed in a building that is ventilated to a baghouse or equivalent control device at a rate that maintains a positive in-draft through any doorway opening. (e) Except as provided in paragraph (f) of this section, following the initial tests to demonstrate compliance with paragraphs (a) and (b) of this section, the owner or operator of a primary lead processor must conduct compliance tests for lead compounds on a quarterly basis (no later than 100 days following any previous compliance test). (f) If the 12 most recent compliance tests demonstrate compliance with the emission limit specified in paragraphs (a) and (b) of this section, the owner or operator of a primary lead processor shall be allowed up to 12 calendar months from the last compliance test to conduct the next compliance test for lead compounds. (g) The owner or operator of a primary lead processor must maintain and operate each baghouse used to control emissions from the sources listed in paragraphs (a)(1) through (9) and (b) of this section such that the alarm on a bag leak detection system required under § 63.1547(c)(8) does not sound for more than five percent of the total operating time in a 6-month reporting period. (h) The owner or operator of a primary lead processor must record the date and time of a bag leak detection system alarm and initiate procedures to determine the cause of the alarm according to the corrective action plan required under § 63.1547(f) within 1 hour of the alarm. The cause of the alarm must be corrected as soon as practicable. (i) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [76 FR 70853, Nov. 15, 2011] § 63.1544 Standards for fugitive dust sources. (a) Each owner or operator of a primary lead processor must prepare, and at all times operate according to, a standard operating procedures manual that describes in detail the measures that will be put in place to control fugitive dust emissions from the sources listed in paragraphs (a)(1) through (a)(5) of this section that incorporates each of the specific work practices listed in paragraphs (a)(1) through (a)(5) of this section: (1) Plant roadways. (ii) Continuously operate a sprinkler system to wet plant roadways to prevent fugitive dust entrainment. This sprinkler system must be operated except during periods when the temperature is less than 39 degrees Fahrenheit or when the application of water results in formation of ice. (2) Material storage and handling area(s). (ii) Finished sinter must be sufficiently wetted to ensure fugitive dust emissions are minimized prior to loading to railcars. (3) Sinter machine area(s). (ii) Large equipment doors must remain closed except when entering or existing the building using an automatic closure system or equivalent lock-and-key method. (iii) It may be necessary to open doors subject to the requirements in § 63.1544(a)(3)(i) and (ii) to prevent heat stress or exhaustion of workers inside the sinter plant building. Records of such periods must be included in the report required under § 63.1549(e)(8). (4) Furnace area(s). (ii) Large equipment doors must remain closed except when entering or existing the building using an automatic closure system or equivalent lock-and-key method. (iii) It may be necessary to open doors subject to the requirements in § 63.1544(a)(4)(i) and (ii) to prevent heat stress or exhaustion of workers inside the blast furnace building. Records of such periods must be included in the report required under § 63.1549(e)(8). (5) Refining and casting area(s). (ii) Large equipment doors must remain closed except when entering or existing the building using an automatic closure system or equivalent lock-and-key method. (iii) It may be necessary to open doors subject to the requirements in § 63.1544(a)(5)(i) and (ii) to prevent heat stress or exhaustion of workers inside the refining and casting building. Records of such periods must be included in the report required under § 63.1549(e)(8). (b) Notwithstanding paragraph (c) of this section, the standard operating procedures manual shall be submitted to the Administrator or delegated authority for review and approval. (c) Existing manuals that describe the measures in place to control fugitive dust sources required as part of a State implementation plan for lead shall satisfy the requirements of paragraph (a) of this section provided they include all the work practices as described in paragraphs (a)(1) through (5) of this section and provided they address all the sources listed in paragraphs (a)(1) through (5) of this section. (d) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [76 FR 70853, Nov. 15, 2011] § 63.1545 Compliance dates. (a) Each owner or operator of an existing primary lead processor must achieve compliance with the requirements in § 16.1543(a) no later than January 17, 2012. Each owner or operator of an existing primary lead processor must achieve compliance with the requirements of § 63.1544 no later than February 13, 2012. Each owner or operator of an existing primary lead processor must achieve compliance with the requirements in § 63.1543(b) and (e) of this subpart no later than November 15, 2013. (b) Each owner or operator of a new primary lead processor must achieve compliance with the requirements of this subpart no later than January 17, 2012 or startup, whichever is later. (c) Prior to the dates specified in § 63.1545(a), each owner or operator of an existing primary lead processor must continue to comply with the requirements of §§ 63.1543 and 63.1544 as promulgated in the June 4, 1999 NESHAP for Primary Lead Smelting. (d) Each owner or operator of an existing primary lead processor must comply with the requirements of §§ 63.1547(g)(1) and (2), 63.1551, and Table 1 of Subpart TTT of Part 63 on November 15, 2011. [76 FR 70854, Nov. 15, 2011] § 63.1546 Performance testing. (a) The following procedures must be used to determine quarterly compliance with the emissions standard for lead compounds under § 63.1543(a) and (b) for existing sources: (1) Each owner or operator of existing sources listed in § 63.1543(a)(1) through (9) and (b) must determine the lead compound emissions rate, in units of pounds of lead per hour according to the following test methods in appendix A of part 60 of this chapter: (i) Method 1 must be used to select the sampling port location and the number of traverse points. (ii) Method 2, 2F, 2G must be used to measure volumetric flow rate. (iii) Method 3, 3A, 3B must be used for gas analysis. (iv) Method 4 must be used to determine moisture content of the stack gas. (v) Method 12 or Method 29 must be used to determine lead emissions rate of the stack gas. (2) A performance test shall consist of at least three runs. For each test run with Method 12 or Method 29, the minimum sample time must be 60 minutes and the minimum volume must be 1 dry standard cubic meter (35 dry standard cubic feet). (3) Performance tests shall be completed quarterly, once every 3 months, to determine compliance. (4) The lead emission rate in pounds per quarter is calculated by multiplying the quarterly lead emission rate in pounds per hour by the quarterly plant operating time, in hours as shown in Equation 1: Where: E Pb ER Pb QPOT = quarterly plant operating time, hours per quarter. (5) The lead production rate, in units of tons per quarter, must be determined based on production data for the previous quarter according to the procedures detailed in paragraphs (a)(5)(i) through (iv) of this section: (i) Total lead products production multiplied by the fractional lead content must be determined in units of tons. (ii) Total copper matte production multiplied by the fractional lead content must be determined in units of tons. (iii) Total copper speiss production multiplied by the fractional lead content must be determined in units of tons. (iv) Total quarterly lead production must be determined by summing the values obtained in paragraphs (a)(5)(i) through (iii) of this section. (6) To determine compliance with the production-based lead compound emission rate in § 63.1543(a), the quarterly production-based lead compound emission rate, in units of pounds of lead emissions per ton of lead produced, is calculated as shown in Equation 2 by dividing lead emissions by lead production. Where: CE Pb E Pb P Pb (7) To determine quarterly compliance with the emissions standard for lead compounds under § 63.1543(b), sum the lead compound emission rates for the current and previous three quarters for the sources in § 63.1543(b), as determined in accordance with paragraphs (a)(1) through (4) of this section. (b) Owners and operators must perform an initial compliance test to demonstrate compliance with the sinter building in-draft requirements of § 63.1543(d) at each doorway opening in accordance with paragraphs (b)(1) through (4) of this section. (1) Use a propeller anemometer or equivalent device. (2) Determine doorway in-draft by placing the anemometer in the plane of the doorway opening near its center. (3) Determine doorway in-draft for each doorway that is open during normal operation with all remaining doorways in their customary position during normal operation. (4) Do not determine doorway in-draft when ambient wind speed exceeds 2 meters per second. (c) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. [76 FR 70854, Nov. 15, 2011] § 63.1547 Monitoring requirements. (a) Owners and operators of primary lead processors must prepare, and at all times operate according to, a standard operating procedures manual that describes in detail the procedures for inspection, maintenance, and bag leak detection and corrective action for all baghouses that are used to control process, process fugitive, or fugitive dust emissions from any source subject to the lead emission standards in §§ 63.1543 and 63.1544, including those used to control emissions from general ventilation systems. (b) The standard operating procedures manual for baghouses required by paragraph (a) of this section must be submitted to the Administrator or delegated authority for review and approval. (c) The procedures specified in the standard operating procedures manual for inspections and routine maintenance must, at a minimum, include the requirements of paragraphs (c)(1) through (8) of this section. (1) Weekly confirmation that dust is being removed from hoppers through visual inspection or equivalent means of ensuring the proper functioning of removal mechanisms. (2) Daily check of compressed air supply for pulse-jet baghouses. (3) An appropriate methodology for monitoring cleaning cycles to ensure proper operation. (4) Monthly check of bag cleaning mechanisms for proper functioning through visual inspection or equivalent means. (5) Quarterly visual check of bag tension on reverse air and shaker-type baghouses to ensure that bags are not kinked (kneed or bent) or laying on their sides. Such checks are not required for shaker-type baghouses using self-tensioning (spring loaded) devices. (6) Quarterly confirmation of the physical integrity of the baghouse through visual inspection of the baghouse interior for air leaks. (7) Quarterly inspection of fans for wear, material buildup, and corrosion through visual inspection, vibration detectors, or equivalent means. (8) Except as provided in paragraph (h) of this section, continuous operation of a bag leak detection system. (d) The procedures specified in the standard operating procedures manual for maintenance must, at a minimum, include a preventative maintenance schedule that is consistent with the baghouse manufacturer's instructions for routine and long-term maintenance. (e) The bag leak detection system required by paragraph (c)(8) of this section must meet the specifications and requirements of (e)(1) through (8) of this section. (1) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligram per actual cubic meter (0.0044 grains per actual cubic foot) or less. (2) The bag leak detection system sensor must provide output of relative particulate matter loadings, and the owner or operator must continuously record the output from the bag leak detection system. (3) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loading is detected over a preset level, and the alarm must be located such that it can be heard or otherwise determined by the appropriate plant personnel. (4) Each bag leak detection system that works based on the triboelectric effect must be installed, calibrated, and maintained in a manner consistent with guidance provided in the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). Other bag leak detection systems must be installed, calibrated, and maintained in a manner consistent with the manufacturer's written specifications and recommendations. (5) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time. (6) Following initial adjustment, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the approved SOP required under paragraph (a) of this section. In no event shall the sensitivity be increased by more than 100 percent or decreased more than 50 percent over a 365-day period unless a responsible official certifies that the baghouse has been inspected and found to be in good operating condition. (7) For negative pressure, induced air baghouses, and positive pressure baghouses that are discharged to the atmosphere through a stack, the bag leak detector must be installed downstream of the baghouse and upstream of any wet acid gas scrubber. (8) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (f) The standard operating procedures manual required by paragraph (a) of this section must include a corrective action plan that specifies the procedures to be followed in the event of a bag leak detection system alarm. The corrective action plan must include at a minimum, procedures to be used to determine the cause of an alarm, as well as actions to be taken to minimize emissions, which may include, but are not limited to, the following. (1) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in emissions. (2) Sealing off defective bags or filter media. (3) Replacing defective bags or filter media, or otherwise repairing the control device. (4) Sealing off a defective baghouse compartment. (5) Cleaning the bag leak detection system probe, or otherwise repairing or maintaining the bag leak detection system. (6) Shutting down the process producing the particulate emissions. (g) The percentage of total operating time the alarm on the bag leak detection system sounds in a 6-month reporting period must be calculated in order to determine compliance with the five percent operating limit in § 63.1543(g). The percentage of time the alarm on the bag leak detection system sounds must be determined according to paragraphs (g)(1) through (3) of this section. (1) For each alarm where the owner or operator initiates procedures to determine the cause of an alarm within 1 hour of the alarm, 1 hour of alarm time must be counted. (2) For each alarm where the owner or operator does not initiate procedures to determine the cause of the alarm within 1 hour of the alarm, alarm time will be counted as the actual amount of time taken by the owner or operator to initiate procedures to determine the cause of the alarm. (3) The percentage of time the alarm on the bag leak detection system sounds must be calculated as the ratio of the sum of alarm times to the total operating time multiplied by 100. (h) Baghouses equipped with HEPA filters as a secondary filter used to control process or process fugitive sources subject to the lead emission standards in § 63.1543 are exempt from the requirement in paragraph (c)(8) of this section to be equipped with a bag leak detector. The owner or operator of an affected source that uses a HEPA filter must monitor and record the pressure drop across the HEPA filter system daily. If the pressure drop is outside the limit(s) specified by the filter manufacturer, the owner or operator must take appropriate corrective measures, which may include, but not be limited to, the following: (1) Inspecting the filter and filter housing for air leaks and torn or broken filters. (2) Replacing defective filter media, or otherwise repairing the control device. (3) Sealing off a defective control device by routing air to other comparable control devices. (4) Shutting down the process producing the particulate emissions. (i) Owners and operators must monitor sinter machine building in-draft to demonstrate continued compliance with the operating standard specified in § 63.1543(d) in accordance with either paragraph (i)(1), (2), or (3) of this section. (1) Owners and operators must check and record on a daily basis doorway in-draft at each doorway in accordance with the methodology specified in § 63.1546(b). (2) Owners and operators must establish and maintain baseline ventilation parameters which result in a positive in-draft according to paragraphs (i)(2)(i) through (iv) of this section. (i) Owners and operators must install, calibrate, maintain, and operate a monitoring device that continuously records the volumetric flow rate through each separately ducted hood; or install, calibrate, maintain, and operate a monitoring device that continuously records the volumetric flow rate at the control device inlet of each exhaust system ventilating the building. The flow rate monitoring device(s) can be installed in any location in the exhaust duct such that reproducible flow rate measurements will result. The flow rate monitoring device(s) must have an accuracy of plus or minus 10 percent over the normal process operating range and must be calibrated according to manufacturer's instructions. (ii) During the initial demonstration of sinter building in-draft, and at any time the owner or operator wishes to re-establish the baseline ventilation parameters, the owner or operator must continuously record the volumetric flow rate through each separately ducted hood, or continuously record the volumetric flow rate at the control device inlet of each exhaust system ventilating the building and record exhaust system damper positions. The owner or operator must determine the average volumetric flow rate(s) corresponding to the period of time the in-draft compliance determinations are being conducted. (iii) The owner or operator must maintain the volumetric flow rate(s) at or above the value(s) established during the most recent in-draft determination at all times the sinter machine is in operation. Volumetric flow rate(s) must be calculated as a 15-minute average. (iv) If the volumetric flow rate is monitored at the control device inlet, the owner or operator must check and record damper positions daily to ensure they are in the positions they were in during the most recent in-draft determination. (3) An owner or operator may request an alternative monitoring method by following the procedures and requirements in § 63.8(f) of the General Provisions. (j) Each owner or operator of new or modified sources listed under § 63.1543 (a)(1) through (9) and (b) must install, calibrate, maintain, and operate a continuous emission monitoring system (CEMS) for measuring lead emissions and a continuous emission rate monitoring system (CERMS) subject to Performance Specification 6 of appendix B to part 60. (1) Each owner or operator of a source subject to the emissions limits for lead compounds under § 63.1543(a)and (b) must install a CEMS for measuring lead emissions within 180 days of promulgation of performance specifications for lead CEMS. (i) Prior to promulgation of performance specifications for CEMS used to measure lead concentrations, an owner or operator must use the procedure described in § 63.1546(a)(1) through (7) of this section to determine compliance. (2) If a CEMS used to measure lead emissions is applicable, the owner or operator must install a CERMS with a sensor in a location that provides representative measurement of the exhaust gas flow rate at the sampling location of the CEMS used to measure lead emissions, taking into account the manufacturer's recommendations. The flow rate sensor is that portion of the system that senses the volumetric flow rate and generates an output proportional to that flow rate. (i) The CERMS must be designed to measure the exhaust gas flow rate over a range that extends from a value of at least 20 percent less than the lowest expected exhaust flow rate to a value of at least 20 percent greater than the highest expected exhaust gas flow rate. (ii) The CERMS must be equipped with a data acquisition and recording system that is capable of recording values over the entire range specified in paragraph (j)(2)(i) of this section. (iii) Each owner or operator must perform an initial relative accuracy test of the CERMS in accordance with the applicable Performance Specification in appendix B to part 60 of the chapter. (iv) Each owner or operator must operate the CERMS and record data during all periods of operation of the affected facility including periods of startup, shutdown, and malfunction, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments. (3) Each owner or operator must calculate the lead emissions rate in tons per year by summing all hours of CEMS data for a year to determine compliance with § 63.1543(b). (i) When the CERMS are unable to provide quality assured data the following applies: (A) When data are not available for periods of up to 48 hours, the highest recorded hourly emission rate from the previous 24 hours must be used. (B) When data are not available for 48 or more hours, the maximum daily emission rate based on the previous 30 days must be used. [76 FR 70855, Nov. 15, 2011] § 63.1548 Notification requirements. (a) The owner or operator of a primary lead processor must comply with the notification requirements of § 63.9 of subpart A, General Provisions as specified in Table 1 of this subpart. (b) The owner or operator of a primary lead processor must submit the standard operating procedures manual for baghouses required under § 63.1547(a) to the Administrator or delegated authority along with a notification that the primary lead processor is seeking review and approval of the manual and procedures. Owners or operators of existing primary lead processors must submit this notification no later than November 6, 2000. The owner or operator of a primary lead processor that commences construction or reconstruction after April 17, 1998, must submit this notification no later than 180 days before startup of the constructed or reconstructed primary lead processor, but no sooner than September 2, 1999. [76 FR 70857, Nov. 15, 2011] § 63.1549 Recordkeeping and reporting requirements. (a) The owner or operator of a primary lead processor must comply with the recordkeeping requirements of § 63.10 of subpart A, General Provisions as specified in Table 1 of this subpart. (b) In addition to the general records required by paragraph (a) of this section, each owner or operator of a primary lead processor must maintain for a period of 5 years, records of the information listed in paragraphs (b)(1) through (10) of this section. (1) Production records of the weight and lead content of lead products, copper matte, and copper speiss. (2) Records of the bag leak detection system output. (3) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, and the date and time the cause of the alarm was corrected. (4) Any recordkeeping required as part of the practices described in the standard operating procedures manual for baghouses required under § 63.1547(a). (5) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(1), the records of the daily doorway in-draft checks, an identification of the periods when there was not a positive in-draft, and an explanation of the corrective actions taken. (6) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(2), the records of the output from the continuous volumetric flow monitor(s), an identification of the periods when the 15-minute volumetric flow rate dropped below the minimum established during the most recent in-draft determination, and an explanation of the corrective actions taken. (7) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(2), and volumetric flow rate is monitored at the baghouse inlet, records of the daily checks of damper positions, an identification of the days that the damper positions were not in the positions established during the most recent in-draft determination, and an explanation of the corrective actions taken. (8) Records of the occurrence and duration of each malfunction of operation ( i.e., (9) Records of actions taken during periods of malfunction to minimize emissions in accordance with §§ 63.1543(i) and 63.1544(d), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation. (c) Records for the most recent 2 years of operation must be maintained on site. Records for the previous 3 years may be maintained off site. (d) The owner or operator of a primary lead processor must comply with the reporting requirements of § 63.10 of subpart A, General Provisions as specified in Table 1 of this subpart. (e) In addition to the information required under § 63.10 of the General Provisions, the owner or operator must provide semi-annual reports containing the information specified in paragraphs (e)(1) through (9) of this section to the Administrator or designated authority. (1) The reports must include records of all alarms from the bag leak detection system specified in § 63.1547(e). (2) The reports must include a description of the actions taken following each bag leak detection system alarm pursuant to § 63.1547(f). (3) The reports must include a calculation of the percentage of time the alarm on the bag leak detection system sounded during the reporting period pursuant to § 63.1547(g). (4) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(1), the reports must contain an identification of the periods when there was not a positive in-draft, and an explanation of the corrective actions taken. (5) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(2), the reports must contain an identification of the periods when the 15-minute volumetric flow rate(s) dropped below the minimum established during the most recent in-draft determination, and an explanation of the corrective actions taken. (6) If an owner or operator chooses to demonstrate continuous compliance with the sinter building in-draft requirement under § 63.1543(d) by employing the method allowed in § 63.1547(i)(2), and volumetric flow rate is monitored at the baghouse inlet, the reports must contain an identification of the days that the damper positions were not in the positions established during the most recent in-draft determination, and an explanation of the corrective actions taken. (7) The reports must contain a summary of the records maintained as part of the practices described in the standard operating procedures manual for baghouses required under § 63.1547(a), including an explanation of the periods when the procedures were not followed and the corrective actions taken. (8) The reports shall contain a summary of the fugitive dust control measures performed during the required reporting period, including an explanation of any periods when the procedures outlined in the standard operating procedures manual required by § 63.1544(a) were not followed and the corrective actions taken. The reports shall not contain copies of the daily records required to demonstrate compliance with the requirements of the standard operating procedures manuals required under §§ 63.1544(a) and 63.1547(a). (9) If there was a malfunction during the reporting period, the report shall also include the number, duration, and a brief description for each type of malfunction which occurred during the reporting period and which caused or may have caused any applicable emission limitation to be exceeded. The report must also include a description of actions taken by an owner or operator during a malfunction of an affected source to minimize emissions in accordance with §§ 63.1543(i) and 63.1544(d), including actions taken to correct a malfunction. [76 FR 70857, Nov. 15, 2011] § 63.1550 Delegation of authority. (a) In delegating implementation and enforcement authority to a State under section 112(l) of the act, the authorities contained in paragraph (b) of this section must be retained by the Administrator and not transferred to a State. (b) Authorities which will not be delegated to States: No restrictions. [76 FR 70858, Nov. 15, 2011] § 63.1551 Affirmative defense for exceedance of emission limit during malfunction. In response to an action to enforce the standards set forth in this subpart you may assert an affirmative defense to a claim for civil penalties for exceedances of such standards that are caused by malfunction, as defined at 40 CFR 63.2. Appropriate penalties may be assessed, however, if you fail to meet your burden of proving all of the requirements in the affirmative defense. The affirmative defense shall not be available for claims for injunctive relief. (a) Affirmative defense. (1) The excess emissions: (i) Were caused by a sudden, infrequent, and unavoidable failure of air pollution control and monitoring equipment, process equipment, or a process to operate in a normal or usual manner, and (ii) Could not have been prevented through careful planning, proper design or better operation and maintenance practices; and (iii) Did not stem from any activity or event that could have been foreseen and avoided, or planned for; and (iv) Were not part of a recurring pattern indicative of inadequate design, operation, or maintenance; and (2) Repairs were made as expeditiously as possible when the applicable emission limitations were being exceeded. Off-shift and overtime labor were used, to the extent practicable to make these repairs; and (3) The frequency, amount and duration of the excess emissions (including any bypass) were minimized to the maximum extent practicable during periods of such emissions; and (4) If the excess emissions resulted from a bypass of control equipment or a process, then the bypass was unavoidable to prevent loss of life, personal injury, or severe property damage; and (5) All possible steps were taken to minimize the impact of the excess emissions on ambient air quality, the environment and human health; and (6) All emissions monitoring and control systems were kept in operation if at all possible, consistent with safety and good air pollution control practices; and (7) All of the actions in response to the excess emissions were documented by properly signed, contemporaneous operating logs; and (8) At all times, the facility was operated in a manner consistent with good practices for minimizing emissions; and (9) A written root cause analysis has been prepared, the purpose of which is to determine, correct, and eliminate the primary causes of the malfunction and the excess emissions resulting from the malfunction event at issue. The analysis shall also specify, using best monitoring methods and engineering judgment, the amount of excess emissions that were the result of the malfunction. (b) Notification. [76 FR 70858, Nov. 15, 2011] Table 1 to Subpart TTT of Part 63—General Provisions Applicability to Subpart TTT Reference Applies to subpart Comment 63.6(a), (b), (c) Yes. 63.6(d) No Section reserved. 63.6(e)(1)(i) No See 63.1543(i) and 63.1544(d) for general duty requirement. 63.6(e)(1)(ii) No. 63.6(e)(1)(iii) Yes. 63.6(e)(2) No Section reserved. 63.6(e)(3) No. 63.6(f)(1) No. 63.6(g) Yes. 63.6(h) No No opacity limits in rule. 63.6(i) Yes. 63.6(j) Yes. § 63.7(a)-(d) Yes. § 63.7(e)(1) No See 63.1546(c). § 63.7(e)(2)-(e)(4) Yes. 63.7(f), (g), (h) Yes. 63.8(a)-(b) Yes. 63.8(c)(1)(i) No. 63.8(c)(1)(ii) Yes. 63.8(c)(1)(iii) No. 63.8(c)(2)-(d)(2) Yes. 63.8(d)(3) Yes, except for last sentence. 63.8(e)-(g) Yes. 63.9(a), (b), (c), (e), (g), (h)(1) through (3), (h)(5) and (6), (i) and (j) Yes. 63.9(f) No. 63.9(h)(4) No Reserved. 63.9(k) Yes Only as specified in 63.9(j). 63.10(b)(2)(i) No. 63.10(b)(2)(ii) No See 63.1549(b)(9) and (10) for recordkeeping of occurrence and duration of malfunctions and recordkeeping of actions taken during malfunction. 63.10(b)(2)(iii) Yes. 63.10(b)(2)(iv)-(b)(2)(v) No. 63.10(b)(2)(vi)-(b)(2)(xiv) Yes. 63.(10)(b)(3) Yes. 63.10(c)(1)-(9) Yes. 63.10(c)(10)-(11) No See 63.1549(b)(9) and (10) for recordkeeping of malfunctions. 63.10(c)(12)-(c)(14) Yes. 63.10(c)(15) No. 63.10(d)(1)-(4) Yes. 63.10(d)(5) No See 63.1549(e)(9) for reporting of malfunctions. 63.10(e)-(f) Yes. [76 FR 70858, Nov. 15, 2011, as amended at 85 FR 73901, Nov. 19, 2020] Subpart UUU—National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units Source: 67 FR 17773, Apr. 11, 2002, unless otherwise noted. What This Subpart Covers § 63.1560 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (HAP) emitted from petroleum refineries. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations and work practice standards. § 63.1561 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a petroleum refinery that is located at a major source of HAP emissions. (1) A petroleum refinery is an establishment engaged primarily in petroleum refining as defined in the Standard Industrial Classification (SIC) code 2911 and the North American Industry Classification (NAIC) code 32411, and used mainly for: (i) Producing transportation fuels (such as gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene, fuel gas distillate, and fuel oils), or lubricants; (ii) Separating petroleum; or (iii) Separating, cracking, reacting, or reforming an intermediate petroleum stream, or recovering a by-product(s) from the intermediate petroleum stream (e.g., sulfur recovery). (2) A major source of HAP is a plant site that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. (b) [Reserved] § 63.1562 What parts of my plant are covered by this subpart? (a) This subpart applies to each new, reconstructed, or existing affected source at a petroleum refinery. (b) The affected sources are: (1) The process vent or group of process vents on fluidized catalytic cracking units that are associated with regeneration of the catalyst used in the unit ( i.e. (2) The process vent or group of process vents on catalytic reforming units (including but not limited to semi-regenerative, cyclic, or continuous processes) that are associated with regeneration of the catalyst used in the unit. This affected source includes vents that are used during the unit depressurization, purging, coke burn, and catalyst rejuvenation. (3) The process vent or group of process vents on Claus or other types of sulfur recovery plant units or the tail gas treatment units serving sulfur recovery plants that are associated with sulfur recovery. (4) Each bypass line serving a new, existing, or reconstructed catalytic cracking unit, catalytic reforming unit, or sulfur recovery unit. This means each vent system that contains a bypass line (e.g., ductwork) that could divert an affected vent stream away from a control device used to comply with the requirements of this subpart. (c) An affected source is a new affected source if you commence construction of the affected source after September 11, 1998, and you meet the applicability criteria in § 63.1561 at the time you commenced construction. (d) Any affected source is reconstructed if you meet the criteria in § 63.2. (e) An affected source is existing if it is not new or reconstructed. (f) This subpart does not apply to: (1) A thermal catalytic cracking unit. (2) A sulfur recovery unit that does not recover elemental sulfur or where the modified reaction is carried out in a water solution which contains a metal ion capable of oxidizing the sulfide ion to sulfur (e.g., the LO-CAT II process). (3) A redundant sulfur recovery unit not located at a petroleum refinery and used by the refinery only for emergency or maintenance backup. (4) Equipment associated with bypass lines such as low leg drains, high point bleed, analyzer vents, open-ended valves or lines, or pressure relief valves needed for safety reasons. (5) Gaseous streams routed to a fuel gas system, provided that on and after January 30, 2019, any flares receiving gas from the fuel gas system are subject to § 63.670. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 FR 75273, Dec. 1, 2015] § 63.1563 When do I have to comply with this subpart? (a) If you have a new or reconstructed affected source, you must comply with this subpart according to the requirements in paragraphs (a)(1) and (2) of this section. (1) If you startup your affected source before April 11, 2002, then you must comply with the emission limitations and work practice standards for new and reconstructed sources in this subpart no later than April 11, 2002 except as provided in paragraph (d) of this section. (2) If you startup your affected source after April 11, 2002, you must comply with the emission limitations and work practice standards for new and reconstructed sources in this subpart upon startup of your affected source except as provided in paragraph (d) of this section. (b) If you have an existing affected source, you must comply with the emission limitations and work practice standards for existing affected sources in this subpart by no later than April 11, 2005 except as specified in paragraphs (c) and (d) of this section. (c) We will grant an extension of compliance for an existing catalytic cracking unit allowing additional time to meet the emission limitations and work practice standards for catalytic cracking units in §§ 63.1564 and 63.1565 if you commit to hydrotreating the catalytic cracking unit feedstock and to meeting the emission limitations of this subpart on the same date that your facility meets the final Tier 2 gasoline sulfur control standard (40 CFR part 80, subpart J). To obtain an extension, you must submit a written notification to your permitting authority according to the requirements in § 63.1574(e). Your notification must include the information in paragraphs (c)(1) and (2) of this section. (1) Identification of the affected source with a brief description of the controls to be installed (if needed) to comply with the emission limitations for catalytic cracking units in this subpart. (2) A compliance schedule, including the information in paragraphs (c)(2)(i) through (iv) of this section. (i) The date by which onsite construction or the process change is to be initiated. (ii) The date by which onsite construction or the process change is to be completed. (iii) The date by which your facility will achieve final compliance with both the final Tier 2 gasoline sulfur control standard as specified in § 80.195, and the emission limitations and work practice standards for catalytic cracking units in this subpart. In no case will your permitting authority grant an extension beyond the date you are required to meet the Tier 2 gasoline sulfur control standard or December 31, 2009, whichever comes first. If you don't comply with the emission limitations and work practice standards for existing catalytic cracking units by the specified date, you will be out-of-compliance with the requirements for catalytic cracking units beginning April 11, 2005. (iv) A brief description of interim emission control measures that will be taken to ensure proper operation and maintenance of the process equipment during the period of the compliance extension. (d) You must comply with the applicable requirements in §§ 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) as specified in paragraph (d)(1) or (2) of this section, as applicable. (1) For sources which commenced construction or reconstruction before June 30, 2014, you must comply with the applicable requirements in §§ 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or before August 1, 2017 unless an extension is requested and approved in accordance with the provisions in § 63.6(i). After February 1, 2016 and prior to the date of compliance with the provisions in §§ 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4), you must comply with the requirements in § 63.1570(c) and (d). (2) For sources which commenced construction or reconstruction on or after June 30, 2014, you must comply with the applicable requirements in §§ 63.1564(a)(5), 63.1565(a)(5) and 63.1568(a)(4) on or before February 1, 2016 or upon startup, whichever is later. (e) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, the requirements in paragraphs (e)(1) and (2) of this section apply. (1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with the requirements of this subpart upon startup. (2) All other parts of the source must be in compliance with the requirements of this subpart by no later than 3 years after it becomes a major source or, if applicable, the extended compliance date granted according to the requirements in paragraph (c) of this section. (f) You must meet the notification requirements in § 63.1574 according to the schedule in § 63.1574 and in 40 CFR part 63, subpart A. Some of the notifications must be submitted before the date you are required to comply with the emission limitations and work practice standards in this subpart. [67 FR 17773, Apr. 11, 2002, as amended at 81 FR 45243, July 13, 2016] Catalytic Cracking Units, Catalytic Reforming Units, Sulfur Recovery Units, and Bypass Lines § 63.1564 What are my requirements for metal HAP emissions from catalytic cracking units? (a) What emission limitations and work practice standards must I meet? (1) Except as provided in paragraph (a)(5) of this section, meet each emission limitation in table 1 of this subpart that applies to you. If your catalytic cracking unit is subject to the NSPS for PM in § 60.102 of this chapter or is subject to § 60.102a(b)(1) of this chapter, you must meet the emission limitations for NSPS units. If your catalytic cracking unit is not subject to the NSPS for PM, you can choose from the six options in paragraphs (a)(1)(i) through (vi) of this section: (i) You can elect to comply with the NSPS for PM in § 60.102 of this chapter (Option 1a); (ii) You can elect to comply with the NSPS for PM coke burn-off emission limit in § 60.102a(b)(1) of this chapter (Option 1b); (iii) You can elect to comply with the NSPS for PM concentration limit in § 60.102a(b)(1) of this chapter (Option 1c); (iv) You can elect to comply with the PM per coke burn-off emission limit (Option 2); (v) You can elect to comply with the Nickel (Ni) lb/hr emission limit (Option 3); or (vi) You can elect to comply with the Ni per coke burn-off emission limit (Option 4). (2) Comply with each operating limit in Table 2 of this subpart that applies to you. When a specific control device may be monitored using more than one continuous parameter monitoring system, you may select the parameter with which you will comply. You must provide notice to the Administrator (or other designated authority) if you elect to change the monitoring option. (3) Prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (4) The emission limitations and operating limits for metal HAP emissions from catalytic cracking units required in paragraphs (a)(1) and (2) of this section do not apply during periods of planned maintenance preapproved by the applicable permitting authority according to the requirements in § 63.1575(j). (5) On or before the date specified in § 63.1563(d), you must comply with one of the two options in paragraphs (a)(5)(i) and (ii) of this section during periods of startup, shutdown and hot standby: (i) You can elect to comply with the requirements in paragraphs (a)(1) and (2) of this section, except catalytic cracking units controlled using a wet scrubber must maintain only the liquid to gas ratio operating limit (the pressure drop operating limit does not apply); or (ii) You can elect to maintain the inlet velocity to the primary internal cyclones of the catalytic cracking unit catalyst regenerator at or above 20 feet per second. (b) How do I demonstrate initial compliance with the emission limitations and work practice standard? (1) Install, operate, and maintain a continuous monitoring system(s) according to the requirements in § 63.1572 and Table 3 of this subpart. (2) Conduct a performance test for each catalytic cracking unit according to the requirements in § 63.1571 and under the conditions specified in Table 4 of this subpart. (3) Establish each site-specific operating limit in Table 2 of this subpart that applies to you according to the procedures in Table 4 of this subpart. (4) Use the procedures in paragraphs (b)(4)(i) through (iv) of this section to determine initial compliance with the emission limitations. (i) If you elect Option 1b or Option 2 in paragraph (a)(1)(ii) or (iv) of this section, compute the PM emission rate (lb/1,000 lb of coke burn-off) for each run using Equations 1, 2, and 3 (if applicable) of this section and the site-specific opacity limit, if applicable, using Equation 4 of this section as follows: Where: R c Q r Q a %CO 2 %CO = Carbon monoxide concentration in regenerator exhaust, percent by volume (dry basis); %O 2 K 1 K 2 K 3 Q oxy %O xy Where: E = Emission rate of PM, kg/1,000 kg (lb/1,000 lb) of coke burn-off; C s Q sd R c K = Conversion factor, 1.0 (kg 2 Where: E s 1.0 = Emission limitation, kg coke/1,000 kg (lb coke/1,000 lb); A = Allowable incremental rate of PM emissions. Before August 1, 2017, A = 0.18 g/million cal (0.10 lb/million Btu). On or after August 1, 2017, A = 0 g/million cal (0 lb/million Btu); H = Heat input rate from solid or liquid fossil fuel, million cal/hr (million Btu/hr). Make sure your permitting authority approves procedures for determining the heat input rate; R c K′ = Conversion factor to units to standard, 1.0 (kg 2 3 Where: Opacity Limit = Maximum permissible hourly average opacity, percent, or 10 percent, whichever is greater; Opacity st PMEmR st (ii) If you elect Option 1c in paragraph (a)(1)(iii) of this section, the PM concentration emission limit, determine the average PM concentration from the initial performance test used to certify your PM CEMS. (iii) If you elect Option 3 in paragraph (a)(1)(v) of this section, the Ni lb/hr emission limit, compute your Ni emission rate using Equation 5 of this section and your site-specific Ni operating limit (if you use a continuous opacity monitoring system) using Equations 6 and 7 of this section as follows: Where: E Ni1 C Ni Where: Opacity l NiEmR1 st Where: Ni operating limit 1 Q mon,st E-Cat st (iv) If you elect Option 4 in paragraph (a)(1)(vi) of this section, the Ni per coke burn-off emission limit, compute your Ni emission rate using Equations 1 and 8 of this section and your site-specific Ni operating limit (if you use a continuous opacity monitoring system) using Equations 9 and 10 of this section as follows: Where: E Ni2 Where: Opacity 2 NiEmR2 st Where: Ni Operating Limit 2 i.e. R c,st (5) Demonstrate initial compliance with each emission limitation that applies to you according to Table 5 of this subpart. (6) Demonstrate initial compliance with the work practice standard in paragraph (a)(3) of this section by submitting your operation, maintenance, and monitoring plan to your permitting authority as part of your Notification of Compliance Status. (7) Submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the emission limitations and work practice standards? (1) Demonstrate continuous compliance with each emission limitation in Tables 1 and 2 of this subpart that applies to you according to the methods specified in Tables 6 and 7 of this subpart. (2) Demonstrate continuous compliance with the work practice standard in paragraph (a)(3) of this section by maintaining records to document conformance with the procedures in your operation, maintenance, and monitoring plan. (3) If you use a continuous opacity monitoring system and elect to comply with Option 3 in paragraph (a)(1)(v) of this section, determine continuous compliance with your site-specific Ni operating limit by using Equation 11 of this section as follows: Where: Ni operating value 1 Opacity = Hourly average opacity, percent; Q mon E-Cat = Ni concentration on equilibrium catalyst from weekly or more recent measurement, ppmw. (4) If you use a continuous opacity monitoring system and elect to comply with Option 4 in paragraph (a)(1)(vi) of this section, determine continuous compliance with your site-specific Ni operating limit by using Equation 12 of this section as follows: Where: Ni operating value 2 (5) If you elect to comply with the alternative limit in paragraph (a)(5)(ii) of this section during periods of startup, shutdown and hot standby, demonstrate continuous compliance on or before the date specified in § 63.1563(d) by: (i) Collecting the volumetric flow rate from the catalyst regenerator (in acfm) and determining the average flow rate for each hour. For events lasting less than one hour, determine the average flow rate during the event. (ii) Determining the cumulative cross-sectional area of the primary internal cyclone inlets in square feet (ft 2 (iii) Calculating the inlet velocity to the primary internal cyclones in feet per second (ft/sec) by dividing the average volumetric flow rate (acfm) by the cumulative cross-sectional area of the primary internal cyclone inlets (ft 2 (iv) Maintaining the inlet velocity to the primary internal cyclones at or above 20 feet per second for each hour during the startup, shutdown, or hot standby event or, for events lasting less than 1 hour, for the duration of the event. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 FR 75273, Dec. 1, 2015; 81 FR 45243, July 13, 2016; 83 FR 60722, Nov. 26, 2018] § 63.1565 What are my requirements for organic HAP emissions from catalytic cracking units? (a) What emission limitations and work practice standards must I meet? (1) Except as provided in paragraph (a)(5) of this section, meet each emission limitation in Table 8 of this subpart that applies to you. If your catalytic cracking unit is subject to the NSPS for carbon monoxide (CO) in § 60.103 of this chapter or is subject to § 60.102a(b)(4) of this chapter, you must meet the emission limitations for NSPS units. If your catalytic cracking unit is not subject to the NSPS for CO, you can choose from the two options in paragraphs (a)(1)(i) through (ii) of this section: (i) You can elect to comply with the NSPS requirements (Option 1); or (ii) You can elect to comply with the CO emission limit (Option 2). (2) Comply with each site-specific operating limit in Table 9 of this subpart that applies to you. (3) Prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (4) The emission limitations and operating limits for organic HAP emissions from catalytic cracking units required in paragraphs (a)(1) and (2) of this section do not apply during periods of planned maintenance preapproved by the applicable permitting authority according to the requirements in § 63.1575(j). (5) On or before the date specified in § 63.1563(d), you must comply with one of the two options in paragraphs (a)(5)(i) and (ii) of this section during periods of startup, shutdown and hot standby: (i) You can elect to comply with the requirements in paragraphs (a)(1) and (2) of this section; or (ii) You can elect to maintain the oxygen (O 2 (b) How do I demonstrate initial compliance with the emission limitations and work practice standards? (1) Install, operate, and maintain a continuous monitoring system according to the requirements in § 63.1572 and Table 10 of this subpart. Except: (i) Whether or not your catalytic cracking unit is subject to the NSPS for CO in § 60.103 of this chapter, you don't have to install and operate a continuous emission monitoring system if you show that CO emissions from your vent average less than 50 parts per million (ppm), dry basis. You must get an exemption from your permitting authority, based on your written request. To show that the emissions average is less than 50 ppm (dry basis), you must continuously monitor CO emissions for 30 days using a CO continuous emission monitoring system that meets the requirements in § 63.1572. (ii) If your catalytic cracking unit isn't subject to the NSPS for CO, you don't have to install and operate a continuous emission monitoring system or a continuous parameter monitoring system if you vent emissions to a boiler (including a “CO boiler”) or process heater that has a design heat input capacity of at least 44 megawatts (MW). (iii) If your catalytic cracking unit isn't subject to the NSPS for CO, you don't have to install and operate a continuous emission monitoring system or a continuous parameter monitoring system if you vent emissions to a boiler or process heater in which all vent streams are introduced into the flame zone. (2) Conduct each performance test for a catalytic cracking unit not subject to the NSPS for CO according to the requirements in § 63.1571 and under the conditions specified in Table 11 of this subpart. (3) Establish each site-specific operating limit in Table 9 of this subpart that applies to you according to the procedures in Table 11 of this subpart. (4) Demonstrate initial compliance with each emission limitation that applies to you according to Table 12 of this subpart. (5) Demonstrate initial compliance with the work practice standard in paragraph (a)(3) of this section by submitting the operation, maintenance, and monitoring plan to your permitting authority as part of your Notification of Compliance Status according to § 63.1574. (6) Submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the emission limitations and work practice standards? (1) Demonstrate continuous compliance with each emission limitation in Tables 8 and 9 of this subpart that applies to you according to the methods specified in Tables 13 and 14 of this subpart. (2) Demonstrate continuous compliance with the work practice standard in paragraph (a)(3) of this section by complying with the procedures in your operation, maintenance, and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75275, Dec. 1, 2015; 81 FR 45243, July 13, 2016; 83 FR 60723, Nov. 26, 2018] § 63.1566 What are my requirements for organic HAP emissions from catalytic reforming units? (a) What emission limitations and work practice standards must I meet? (1) Meet each emission limitation in Table 15 of this subpart that applies to you. You can choose from the two options in paragraphs (a)(1)(i) and (ii) of this section. (i) You can elect to vent emissions of total organic compounds (TOC) to a flare (Option 1). On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare must meet the control device requirements in § 63.11(b) or the requirements of § 63.670. (ii) You can elect to meet a TOC or nonmethane TOC percent reduction standard or concentration limit, whichever is less stringent (Option 2). (2) Comply with each site-specific operating limit in Table 16 of this subpart that applies to you. (3) Except as provided in paragraph (a)(4) of this section, the emission limitations in Tables 15 and 16 of this subpart apply to emissions from catalytic reforming unit process vents associated with initial catalyst depressuring and catalyst purging operations that occur prior to the coke burn-off cycle. The emission limitations in Tables 15 and 16 of this subpart do not apply to the coke burn-off, catalyst rejuvenation, reduction or activation vents, or to the control systems used for these vents. (4) The emission limitations in tables 15 and 16 of this subpart do not apply to emissions from process vents during passive depressuring when the reactor vent pressure is 5 pounds per square inch gauge (psig) or less or during active depressuring or purging prior to January 30, 2019, when the reactor vent pressure is 5 psig or less. On and after January 30, 2019, the emission limitations in tables 15 and 16 of this subpart do apply to emissions from process vents during active purging operations (when nitrogen or other purge gas is actively introduced to the reactor vessel) or active depressuring (using a vacuum pump, ejector system, or similar device) regardless of the reactor vent pressure. (5) Prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (b) How do I demonstrate initial compliance with the emission limitations and work practice standard? (1) Install, operate, and maintain a continuous monitoring system(s) according to the requirements in § 63.1572 and Table 17 of this subpart. (2) Conduct each performance test for a catalytic reforming unit according to the requirements in § 63.1571 and under the conditions specified in Table 18 of this subpart. (3) Establish each site-specific operating limit in Table 16 of this subpart that applies to you according to the procedures in Table 18 of this subpart. (4) Use the procedures in paragraph (b)(4)(i) or (ii) of this section to determine initial compliance with the emission limitations. (i) If you elect the percent reduction standard under Option 2, calculate the emission rate of nonmethane TOC using Equation 1 of this section (if you use Method 25) or Equation 2 of this section (if you use Method 25A or Methods 25A and 18), then calculate the mass emission reduction using Equation 3 of this section as follows: Where: E = Emission rate of nonmethane TOC in the vent stream, kilograms-C per hour; K 4 −5 M c Q s Where: K 5 −4 −1 C TOC C methane methane Q s Where: E i E o (ii) If you elect the 20 parts per million by volume (ppmv) concentration limit, correct the measured TOC concentration for oxygen (O 2 Where: C NMTOC, 3 % O 2 (5) You are not required to do a TOC performance test if: (i) You elect to vent emissions to a flare as provided in paragraph (a)(1)(i) of this section (Option 1); or (ii) You elect the TOC percent reduction or concentration limit in paragraph (a)(1)(ii) of this section (Option 2), and you use a boiler or process heater with a design heat input capacity of 44 MW or greater or a boiler or process heater in which all vent streams are introduced into the flame zone. (6) Demonstrate initial compliance with each emission limitation that applies to you according to Table 19 of this subpart. (7) Demonstrate initial compliance with the work practice standard in paragraph (a)(5) of this section by submitting the operation, maintenance, and monitoring plan to your permitting authority as part of your Notification of Compliance Status. (8) Submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the emission limitations and work practice standards? (1) Demonstrate continuous compliance with each emission limitation in Tables 15 and 16 of this subpart that applies to you according to the methods specified in Tables 20 and 21 of this subpart. (2) Demonstrate continuous compliance with the work practice standards in paragraph (a)(3) of this section by complying with the procedures in your operation, maintenance, and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6938, Feb. 9, 2005; 80 FR 75275, Dec. 1, 2015; 81 FR 45243, July 13, 2016] § 63.1567 What are my requirements for inorganic HAP emissions from catalytic reforming units? (a) What emission limitations and work practice standards must I meet? (1) Meet each emission limitation in Table 22 to this subpart that applies to you. If you operate a catalytic reforming unit in which different reactors in the catalytic reforming unit are regenerated in separate regeneration systems, then these emission limitations apply to each separate regeneration system. These emission limitations apply to emissions from catalytic reforming unit process vents associated with the coke burn-off and catalyst rejuvenation operations during coke burn-off and catalyst regeneration. You can choose from the two options in paragraphs (a)(1)(i) through (ii) of this section: (i) You can elect to meet a percent reduction standard for hydrogen chloride (HCl) emissions (Option 1); or (ii) You can elect to meet an HCl concentration limit (Option 2). (2) Meet each site-specific operating limit in Table 23 of this subpart that applies to you. These operating limits apply during coke burn-off and catalyst rejuvenation. (3) Prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (b) How do I demonstrate initial compliance with the emission limitations and work practice standard? (1) Install, operate, and maintain a continuous monitoring system(s) according to the requirements in § 63.1572 and Table 24 of this subpart. (2) Conduct each performance test for a catalytic reforming unit according to the requirements in § 63.1571 and the conditions specified in Table 25 of this subpart. (3) Establish each site-specific operating limit in Table 23 of this subpart that applies to you according to the procedures in Table 25 of this subpart. (4) Use the equations in paragraphs (b)(4)(i) through (iv) of this section to determine initial compliance with the emission limitations. (i) Correct the measured HCl concentration for oxygen (O 2 Where: C HCl,3 % 2 C HCl %O 2 (ii) If you elect the percent reduction standard, calculate the emission rate of HCl using Equation 2 of this section; then calculate the mass emission reduction from the mass emission rates using Equation 3 of this section as follows: Where: E HCl K 6 −1 Q s Where: E HCl,i E HCl,o (iii) If you are required to use a colormetric tube sampling system to demonstrate continuous compliance with the HCl concentration operating limit, calculate the HCl operating limit using Equation 4 of this section as follows: Where: C HCl,ppmvLimit C HCl,AveTube C HCl,RegLimit (iv) If you are required to use a colormetric tube sampling system to demonstrate continuous compliance with the percent reduction operating limit, calculate the HCl operating limit using Equation 5 of this section as follows: Where: C HCl, % Limit %HCl Reduction Limit %HCl Reduction Test (5) Demonstrate initial compliance with each emission limitation that applies to you according to Table 26 of this subpart. (6) Demonstrate initial compliance with the work practice standard in paragraph (a)(3) of this section by submitting the operation, maintenance, and monitoring plan to your permitting authority as part of your Notification of Compliance Status. (7) Submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the emission limitations and work practice standard? (1) Demonstrate continuous compliance with each emission limitation in Tables 22 and 23 of this subpart that applies to you according to the methods specified in Tables 27 and 28 of this subpart. (2) Demonstrate continuous compliance with the work practice standard in paragraph (a)(3) of this section by maintaining records to document conformance with the procedures in your operation, maintenance and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6939, Feb. 9, 2005] § 63.1568 What are my requirements for HAP emissions from sulfur recovery units? (a) What emission limitations and work practice standard must I meet? (1) Meet each emission limitation in Table 29 of this subpart that applies to you. If your sulfur recovery unit is subject to the NSPS for sulfur oxides in § 60.104 or § 60.102a(f)(1) of this chapter, you must meet the emission limitations for NSPS units. If your sulfur recovery unit is not subject to one of these NSPS for sulfur oxides, you can choose from the options in paragraphs (a)(1)(i) through (ii) of this section: (i) You can elect to meet the NSPS requirements in § 60.104(a)(2) or § 60.102a(f)(1) of this chapter (Option 1); or (ii) You can elect to meet the total reduced sulfur (TRS) emission limitation (Option 2). (2) Meet each operating limit in Table 30 of this subpart that applies to you. (3) Prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (4) On or before the date specified in § 63.1563(d), you must comply with one of the three options in paragraphs (a)(4)(i) through (iii) of this section during periods of startup and shutdown. (i) You can elect to comply with the requirements in paragraphs (a)(1) and (2) of this section. (ii) You can elect to send any startup or shutdown purge gases to a flare. On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare must meet the design and operating requirements in § 63.11(b) or the requirements of § 63.670. (iii) You can elect to send any startup or shutdown purge gases to a thermal oxidizer or incinerator operated at a minimum hourly average temperature of 1,200 degrees Fahrenheit in the firebox and a minimum hourly average outlet oxygen (O 2 (b) How do I demonstrate initial compliance with the emission limitations and work practice standards? (1) Install, operate, and maintain a continuous monitoring system according to the requirements in § 63.1572 and Table 31 of this subpart. (2) Conduct each performance test for a sulfur recovery unit not subject to the NSPS for sulfur oxides according to the requirements in § 63.1571 and under the conditions specified in Table 32 of this subpart. (3) Establish each site-specific operating limit in Table 30 of this subpart that applies to you according to the procedures in Table 32 of this subpart. (4) Correct the reduced sulfur samples to zero percent excess air using Equation 1 of this section as follows: Where: C adj C meas 20.9 c 20.9 = oxygen concentration in air, percent; %O 2 (5) Demonstrate initial compliance with each emission limitation that applies to you according to Table 33 of this subpart. (6) Demonstrate initial compliance with the work practice standard in paragraph (a)(3) of this section by submitting the operation, maintenance, and monitoring plan to your permitting authority as part of your notification of compliance status. (7) Submit the notification of compliance status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the emission limitations and work practice standards? (1) Demonstrate continuous compliance with each emission limitation in Tables 29 and 30 of this subpart that applies to you according to the methods specified in Tables 34 and 35 of this subpart. (2) Demonstrate continuous compliance with the work practice standard in paragraph (a)(3) of this section by complying with the procedures in your operation, maintenance, and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75275, Dec. 1, 2015; 81 FR 45244, July 13, 2016] § 63.1569 What are my requirements for HAP emissions from bypass lines? (a) What work practice standards must I meet? (i) You can elect to install an automated system (Option 1); (ii) You can elect to use a manual lock system (Option 2); (iii) You can elect to seal the line (Option 3); or (iv) You can elect to vent to a control device (Option 4). (2) As provided in § 63.6(g), we, the EPA, may choose to grant you permission to use an alternative to the work practice standard in paragraph (a)(1) of this section. (3) You must prepare an operation, maintenance, and monitoring plan according to the requirements in § 63.1574(f) and operate at all times according to the procedures in the plan. (b) How do I demonstrate initial compliance with the work practice standards? (1) If you elect the option in paragraph (a)(1)(i) of this section, conduct each performance test for a bypass line according to the requirements in § 63.1571 and under the conditions specified in Table 37 of this subpart. (2) Demonstrate initial compliance with each work practice standard in Table 36 of this subpart that applies to you according to Table 38 of this subpart. (3) Demonstrate initial compliance with the work practice standard in paragraph (a)(3) of this section by submitting the operation, maintenance, and monitoring plan to your permitting authority as part of your notification of compliance status. (4) Submit the notification of compliance status containing the results of the initial compliance demonstration according to the requirements in § 63.1574. (c) How do I demonstrate continuous compliance with the work practice standards? (1) Demonstrate continuous compliance with each work practice standard in Table 36 of this subpart that applies to you according to the requirements in Table 39 of this subpart. (2) Demonstrate continuous compliance with the work practice standard in paragraph (a)(3) of this section by complying with the procedures in your operation, maintenance, and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 83 FR 60723, Nov. 26, 2018] General Compliance Requirements § 63.1570 What are my general requirements for complying with this subpart? (a) You must be in compliance with all of the non-opacity standards in this subpart at all times. (b) You must be in compliance with the opacity and visible emission limits in this subpart at all times. (c) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (d) During the period between the compliance date specified for your affected source and the date upon which continuous monitoring systems have been installed and validated and any applicable operating limits have been set, you must maintain a log that documents the procedures used to minimize emissions from process and emissions control equipment according to the general duty in paragraph (c) of this section. (e) [Reserved] (f) You must report each instance in which you did not meet each emission limitation and each operating limit in this subpart that applies to you. This includes periods of startup, shutdown, and malfunction. You also must report each instance in which you did not meet the work practice standards in this subpart that apply to you. These instances are deviations from the emission limitations and work practice standards in this subpart. These deviations must be reported according to the requirements in § 63.1575. [67 FR 17773, Apr. 11, 2002, as amended at 71 FR 20462, Apr. 20, 2006; 80 FR 75276, Dec. 1, 2015] § 63.1571 How and when do I conduct a performance test or other initial compliance demonstration? (a) When must I conduct a performance test? (1) For each emission limitation or work practice standard where initial compliance is not demonstrated using a performance test, opacity observation, or visible emission observation, you must conduct the initial compliance demonstration within 30 calendar days after the compliance date that is specified for your source in § 63.1563. (2) For each emission limitation where the averaging period is 30 days, the 30-day period for demonstrating initial compliance begins at 12:00 a.m. on the compliance date that is specified for your source in § 63.1563 and ends at 11:59 p.m., 30 calendar days after the compliance date that is specified for your source in § 63.1563. (3) If you commenced construction or reconstruction between September 11, 1998 and April 11, 2002, you must demonstrate initial compliance with either the proposed emission limitation or the promulgated emission limitation no later than October 8, 2002 or within 180 calendar days after startup of the source, whichever is later, according to § 63.7(a)(2)(ix). (4) If you commenced construction or reconstruction between September 11, 1998 and April 11, 2002, and you chose to comply with the proposed emission limitation when demonstrating initial compliance, you must conduct a second compliance demonstration for the promulgated emission limitation by October 10, 2005, or after startup of the source, whichever is later, according to § 63.7(a)(2)(ix). (5) Periodic performance testing for PM or Ni. (i) Catalytic cracking units monitoring PM concentration with a PM CEMS are not required to conduct a periodic PM performance test. (ii) Conduct a performance test annually if you comply with the emission limits in Item 1 (NSPS subpart J) or Item 4 (Option 1a) in Table 1 of this subpart and the PM emissions measured during the most recent performance source test are greater than 0.80 g/kg coke burn-off. (6) One-time performance testing for Hydrogen Cyanide (HCN). (i) If you conducted a performance test for HCN for a specific catalytic cracking unit between March 31, 2011 and February 1, 2016, you may submit a request to the Administrator to use the previously conducted performance test results to fulfill the one-time performance test requirement for HCN for each of the catalytic cracking units tested according to the requirements in paragraphs (a)(6)(i)(A) through (D) of this section. (A) The request must include a copy of the complete source test report, the date(s) of the performance test and the test methods used. If available, you must also indicate whether the catalytic cracking unit catalyst regenerator was operated in partial or complete combustion mode during the test, the control device configuration, including whether platinum or palladium combustion promoters were used during the test, and the CO concentration (measured using CO CEMS or manual test method) for each test run. (B) You must submit a separate request for each catalytic cracking unit tested and you must submit each request to the Administrator no later than March 30, 2016. (C) The Administrator will evaluate each request with respect to the completeness of the request, the completeness of the submitted test report and the appropriateness of the test methods used. The Administrator will notify the facility within 60 days of receipt of the request if it is approved or denied. If the Administrator fails to respond to the facility within 60 days of receipt of the request, the request will be automatically approved. (D) If the request is approved, you do not need to conduct an additional HCN performance test. If the request is denied, you must conduct an additional HCN performance test following the requirements in (a)(6)(ii) of this section. (ii) Unless you receive approval to use a previously conducted performance test to fulfill the one-time performance test requirement for HCN for your catalytic cracking unit as provided in paragraph (a)(6)(i) of this section, conduct a performance test for HCN for each catalytic cracking unit no later than August 1, 2017 according to following requirements: (A) Select sampling port location, determine volumetric flow rate, conduct gas molecular weight analysis and measure moisture content as specified in either Item 1 of Table 4 of this subpart or Item 1 of Table 11 of this subpart. (B) Measure HCN concentration using Method 320 of appendix A of this part. The method ASTM D6348-03 (Reapproved 2010) including Annexes A1 through A8 (incorporated by reference—see § 63.14) is an acceptable alternative to EPA Method 320 of appendix A of this part. The method ASTM D6348-12e1 (incorporated by reference—see § 63.14) is an acceptable alternative to EPA Method 320 of appendix A of this part with the following two caveats: ( 1 ( 2 i.e., Reported Result = (Measured Concentration in the Stack × 100÷/% R. (C) Measure CO concentration as specified in either Item 2 or 3a of Table 11 of this subpart. (D) Record and include in the test report an indication of whether the catalytic cracking unit catalyst regenerator was operated in partial or complete combustion mode and the control device configuration, including whether platinum or palladium combustion promoters were used during the test. (b) What are the general requirements for performance test and performance evaluations? (1) Performance tests shall be conducted according to the provisions of § 63.7(e) except that performance tests shall be conducted at maximum representative operating capacity for the process. During the performance test, you must operate the control device at either maximum or minimum representative operating conditions for monitored control device parameters, whichever results in lower emission reduction. You must not conduct a performance test during startup, shutdown, periods when the control device is bypassed or periods when the process, monitoring equipment or control device is not operating properly. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that the test was conducted at maximum representative operating capacity. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (2) Except for opacity and visible emission observations, conduct three separate test runs for each performance test as specified in § 63.7(e)(3). Each test run must last at least 1 hour. (3) Conduct each performance evaluation according to the requirements in § 63.8(e). (4) Calculate the average emission rate for the performance test by calculating the emission rate for each individual test run in the units of the applicable emission limitation using Equation 2, 5, or 8 of § 63.1564, and determining the arithmetic average of the calculated emission rates. (c) What procedures must I use for an engineering assessment? (1) You may use previous test results provided the tests are representative of current operating practices at the process unit, and provided EPA methods or approved alternatives were used; (2) You may use bench-scale or pilot-scale test data representative of the process under representative operating conditions; (3) You may use maximum flow rate, TOC emission rate, organic HAP emission rate, or organic HAP or TOC concentration specified or implied within a permit limit applicable to the process vent; or (4) You may use design analysis based on engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to: (i) Use of material balances based on process stoichiometry to estimate maximum TOC concentrations; (ii) Calculation of hourly average maximum flow rate based on physical equipment design such as pump or blower capacities; and (iii) Calculation of TOC concentrations based on saturation conditions. (d) Can I adjust the process or control device measured values when establishing an operating limit? (1) If you must meet the HAP metal emission limitations in § 63.1564, you elect the option in paragraph (a)(1)(v) in § 63.1564 (Ni lb/hr), and you use continuous parameter monitoring systems, you must establish an operating limit for the equilibrium catalyst Ni concentration based on the laboratory analysis of the equilibrium catalyst Ni concentration from the initial performance test. Section 63.1564(b)(2) allows you to adjust the laboratory measurements of the equilibrium catalyst Ni concentration to the maximum level. You must make this adjustment using Equation 1 of this section as follows: Where: Ecat-Limit = Operating limit for equilibrium catalyst Ni concentration, mg/kg; NiEmR1 st Ecat st (2) If you must meet the HAP metal emission limitations in § 63.1564, you elect the option in paragraph (a)(1)(vi) in § 63.1564 (Ni per coke burn-off), and you use continuous parameter monitoring systems, you must establish an operating limit for the equilibrium catalyst Ni concentration based on the laboratory analysis of the equilibrium catalyst Ni concentration from the initial performance test. Section 63.1564(b)(2) allows you to adjust the laboratory measurements of the equilibrium catalyst Ni concentration to the maximum level. You must make this adjustment using Equation 2 of this section as follows: Where: NiEmR2 st (3) If you choose to adjust the equilibrium catalyst Ni concentration to the maximum level, you can't adjust any other monitored operating parameter (i.e., gas flow rate, voltage, pressure drop, liquid-to-gas ratio). (4) Except as specified in paragraph (d)(3) of this section, if you use continuous parameter monitoring systems, you may adjust one of your monitored operating parameters (flow rate, total power and secondary current, pressure drop, liquid-to-gas ratio) from the average of measured values during the performance test to the maximum value (or minimum value, if applicable) representative of worst-case operating conditions, if necessary. This adjustment of measured values may be done using control device design specifications, manufacturer recommendations, or other applicable information. You must provide supporting documentation and rationale in your Notification of Compliance Status, demonstrating to the satisfaction of your permitting authority, that your affected source complies with the applicable emission limit at the operating limit based on adjusted values. (e) Can I change my operating limit? (1) You may change your established operating limit for a continuous parameter monitoring system by doing an additional performance test, a performance test in conjunction with an engineering assessment, or an engineering assessment to verify that, at the new operating limit, you are in compliance with the applicable emission limitation. (2) You must establish a revised operating limit for your continuous parameter monitoring system if you make any change in process or operating conditions that could affect control system performance or you change designated conditions after the last performance or compliance tests were done. You can establish the revised operating limit as described in paragraph (e)(1) of this section. (3) You may change your site-specific opacity operating limit or Ni operating limit only by doing a new performance test. [67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75276, Dec. 1, 2015; 83 FR 60723, Nov. 26, 2018] § 63.1572 What are my monitoring installation, operation, and maintenance requirements? (a) You must install, operate, and maintain each continuous emission monitoring system according to the requirements in paragraphs (a)(1) through (4) of this section. (1) You must install, operate, and maintain each continuous emission monitoring system according to the requirements in Table 40 of this subpart. (2) If you use a continuous emission monitoring system to meet the NSPS CO or SO 2 (3) As specified in § 63.8(c)(4)(ii), each continuous emission monitoring system must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (4) Data must be reduced as specified in § 63.8(g)(2). (b) You must install, operate, and maintain each continuous opacity monitoring system according to the requirements in paragraphs (b)(1) through (3) of this section. (1) Each continuous opacity monitoring system must be installed, operated, and maintained according to the requirements in Table 40 of this subpart. (2) If you use a continuous opacity monitoring system to meet the NSPS opacity limit, you must conduct a performance evaluation of each continuous opacity monitoring system according to the requirements in § 63.8 and Table 40 of this subpart. This requirement does not apply to an affected source subject to the NSPS that has already demonstrated initial compliance with the applicable performance specification. (3) As specified in § 63.8(c)(4)(i), each continuous opacity monitoring system must complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period. (c) Except for flare monitoring systems, you must install, operate, and maintain each continuous parameter monitoring system according to the requirements in paragraphs (c)(1) through (5) of this section. For flares, on and after January 30, 2019, you must install, operate, calibrate, and maintain monitoring systems as specified in §§ 63.670 and 63.671. Prior to January 30, 2019, you must either meet the monitoring system requirements in paragraphs (c)(1) through (5) of this section or meet the requirements in §§ 63.670 and 63.671. (1) You must install, operate, and maintain each continuous parameter monitoring system according to the requirements in Table 41 of this subpart. You must also meet the equipment specifications in Table 41 of this subpart if pH strips or colormetric tube sampling systems are used. You must meet the requirements in Table 41 of this subpart for BLD systems. Alternatively, before August 1, 2017, you may install, operate, and maintain each continuous parameter monitoring system in a manner consistent with the manufacturer's specifications or other written procedures that provide adequate assurance that the equipment will monitor accurately. (2) The continuous parameter monitoring system must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four successive cycles of operation to have a valid hour of data (or at least two if a calibration check is performed during that hour or if the continuous parameter monitoring system is out-of-control). (3) Each continuous parameter monitoring system must have valid hourly average data from at least 75 percent of the hours during which the process operated, except for BLD systems. (4) Each continuous parameter monitoring system must determine and record the hourly average of all recorded readings and if applicable, the daily average of all recorded readings for each operating day, except for BLD systems. The daily average must cover a 24-hour period if operation is continuous or the number of hours of operation per day if operation is not continuous, except for BLD systems. (5) Each continuous parameter monitoring system must record the results of each inspection, calibration, and validation check. (d) You must monitor and collect data according to the requirements in paragraphs (d)(1) and (2) of this section. (1) Except for monitoring malfunctions, associated repairs, and required quality assurance or control activities (including as applicable, calibration checks and required zero and span adjustments), you must conduct all monitoring in continuous operation (or collect data at all required intervals) at all times the affected source is operating. (2) You may not use data recorded during required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments) for purposes of this regulation, including data averages and calculations, for fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6940, Feb. 9, 2005; 80 FR 75277, Dec. 1, 2015; 83 FR 60723, Nov. 26, 2018] § 63.1573 What are my monitoring alternatives? (a) What are the approved alternatives for measuring gas flow rate? i.e., i.e., (i) Install and operate a continuous parameter monitoring system to measure and record the hourly average volumetric air flow rate to the catalytic cracking unit or catalytic reforming unit regenerator. Or, you may determine and record the hourly average volumetric air flow rate to the catalytic cracking unit or catalytic reforming unit regenerator using the appropriate control room instrumentation. (ii) Install and operate a continuous parameter monitoring system to measure and record the temperature of the gases entering the control device (or exiting the catalyst regenerator if you do not use an add-on control device). (iii) Calculate and record the hourly average actual exhaust gas flow rate using Equation 1 of this section as follows: Where Q gas 1.12 = Default correction factor to convert gas flow from dry standard cubic feet per minute (dscfm) to standard cubic feet per minute (scfm); Q air Q other Temp gas P vent vent (2) You may use this alternative to calculating Q r (i) Install and operate a continuous parameter monitoring system to measure and record the hourly average volumetric air flow rate to the catalytic cracking unit regenerator. Or, you can determine and record the hourly average volumetric air flow rate to the catalytic cracking unit regenerator using the catalytic cracking unit control room instrumentation. (ii) Install and operate a continuous gas analyzer to measure and record the concentration of carbon dioxide, carbon monoxide, and oxygen of the catalytic cracking regenerator exhaust. (iii) Calculate and record the hourly average flow rate using Equation 2 of this section as follows: Where: Q r 79 = Default concentration of nitrogen and argon in dry air, percent by volume (dry basis); %O xy Q oxy %CO 2 CO = Carbon monoxide concentration in regenerator exhaust, percent by volume (dry basis); and %O 2 (b) What is the approved alternative for monitoring pressure drop? (1) Conduct a daily check of the air or water pressure to the spray nozzles; (2) Maintain records of the results of each daily check; and (3) Repair or replace faulty ( e.g., (c) What is the approved alternative for monitoring pH or alkalinity levels? (1) You shall measure and record the pH of the water (or scrubbing liquid) exiting the wet scrubber or internal scrubbing system at least once an hour during coke burn-off and catalyst rejuvenation using pH strips as an alternative to a continuous parameter monitoring system. The pH strips must meet the requirements in Table 41 of this subpart. (2) You shall measure and record the alkalinity of the water (or scrubbing liquid) exiting the wet scrubber or internal scrubbing system at least once an hour during coke burn-off and catalyst rejuvenation using titration as an alternative to a continuous parameter monitoring system. (d) Can I use another type of monitoring system? e.g., (1) The system measures the operating parameter value at least once every hour; (2) The system records at least 24 values each day during periods of operation; (3) The system records the date and time when monitors are turned off or on; (4) The system recognizes unchanging data that may indicate the monitor is not functioning properly, alerts the operator, and records the incident; and (5) The system computes daily average values of the monitored operating parameter based on recorded data. (e) Can I monitor other process or control device operating parameters? (1) You use a control device other than a thermal incinerator, boiler, process heater, flare, electrostatic precipitator, or wet scrubber; (2) You use a combustion control device (e.g., incinerator, flare, boiler or process heater with a design heat capacity of at least 44 MW, boiler or process heater where the vent stream is introduced into the flame zone), electrostatic precipitator, or scrubber but want to monitor a parameter other than those specified; or (3) You wish to use another type of continuous emission monitoring system that provides direct measurement of a pollutant (i.e., a PM or multi-metals HAP continuous emission monitoring system, a carbonyl sulfide/carbon disulfide continuous emission monitoring system, a TOC continuous emission monitoring system, or HCl continuous emission monitoring system). (f) How do I request to monitor alternative parameters? (1) A description of each affected source and the parameter(s) to be monitored to determine whether the affected source will continuously comply with the emission limitations and an explanation of the criteria used to select the parameter(s). (2) A description of the methods and procedures that will be used to demonstrate that the parameter can be used to determine whether the affected source will continuously comply with the emission limitations and the schedule for this demonstration. You must certify that you will establish an operating limit for the monitored parameter(s) that represents the conditions in existence when the control device is being properly operated and maintained to meet the emission limitation. (3) The frequency and content of monitoring, recording, and reporting, if monitoring and recording are not continuous. You also must include the rationale for the proposed monitoring, recording, and reporting requirements. (4) Supporting calculations. (5) Averaging time for the alternative operating parameter. (g) How do I apply for alternative monitoring requirements if my catalytic cracking unit is equipped with a wet scrubber and I have approved alternative monitoring requirements under the new source performance standards for petroleum refineries? (i) Your fluid catalytic cracking unit regenerator vent is subject to the PM limit in 40 CFR 60.102(a)(1) and uses a wet scrubber for PM emissions control; (ii) You have alternative monitoring requirements for the continuous opacity monitoring system requirement in 40 CFR 60.105(a)(1) approved by the Administrator; and (iii) You are required by this subpart to install, operate, and maintain a continuous opacity monitoring system for the same catalytic cracking unit regenerator vent for which you have approved alternative monitoring requirements. (2) You can request approval to use an alternative monitoring method prior to submitting your notification of compliance status, in your notification of compliance status, or at any time. (3) You must submit a copy of the approved alternative monitoring requirements along with a monitoring plan that includes a description of the continuous monitoring system or method, including appropriate operating parameters that will be monitored, test results demonstrating compliance with the opacity limit used to establish an enforceable operating limit(s), and the frequency of measuring and recording to establish continuous compliance. If applicable, you must also include operation and maintenance requirements for the continuous monitoring system. (4) We will contact you within 30 days of receipt of your application to inform you of approval or of our intent to disapprove your request. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6940, Feb. 9, 2005; 80 FR 75277, Dec. 1, 2015; 83 FR 60723, Nov. 26, 2018] Notifications, Reports, and Records § 63.1574 What notifications must I submit and when? (a) Except as allowed in paragraphs (a)(1) through (3) of this section, you must submit all of the notifications in §§ 63.6(h), 63.7(b) and (c), 63.8(e), 63.8(f)(4), 63.8(f)(6), and 63.9(b) through (h) that apply to you by the dates specified. (1) You must submit the notification of your intention to construct or reconstruct according to § 63.9(b)(5) unless construction or reconstruction had commenced and initial startup had not occurred before April 11, 2002. In this case, you must submit the notification as soon as practicable before startup but no later than July 10, 2002. This deadline also applies to the application for approval of construction or reconstruction and approval of construction or reconstruction based on State preconstruction review required in §§ 63.5(d)(1)(i) and 63.5(f)(2). (2) You must submit the notification of intent to conduct a performance test required in § 63.7(b) at least 30 calendar days before the performance test is scheduled to begin (instead of 60 days). (3) If you are required to conduct an initial performance test, performance evaluation, design evaluation, opacity observation, visible emission observation, or other initial compliance demonstration, you must submit a notification of compliance status according to § 63.9(h)(2)(ii). You can submit this information in an operating permit application, in an amendment to an operating permit application, in a separate submission, or in any combination. In a State with an approved operating permit program where delegation of authority under section 112(l) of the CAA has not been requested or approved, you must provide a duplicate notification to the applicable Regional Administrator. If the required information has been submitted previously, you do not have to provide a separate notification of compliance status. Just refer to the earlier submissions instead of duplicating and resubmitting the previously submitted information. (i) For each initial compliance demonstration that does not include a performance test, you must submit the Notification of Compliance Status no later than 30 calendar days following completion of the initial compliance demonstration. (ii) For each initial compliance demonstration that includes a performance test, you must submit the notification of compliance status no later than 150 calendar days after the compliance date specified for your affected source in § 63.1563. For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert i.e., (b) As specified in § 63.9(b)(2), if you startup your new affected source before April 11, 2002, you must submit the initial notification no later than August 9, 2002, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (c) If you startup your new or reconstructed affected source on or after April 11, 2002, you must submit the initial notification no later than 120 days after you become subject to this subpart. (d) You also must include the information in Table 42 of this subpart in your notification of compliance status. (e) If you request an extension of compliance for an existing catalytic cracking unit as allowed in § 63.1563(c), you must submit a notification to your permitting authority containing the required information by October 13, 2003. (f) As required by this subpart, you must prepare and implement an operation, maintenance, and monitoring plan for each control system and continuous monitoring system for each affected source. The purpose of this plan is to detail the operation, maintenance, and monitoring procedures you will follow. (1) You must submit the plan to your permitting authority for review and approval along with your notification of compliance status. While you do not have to include the entire plan in your permit under part 70 or 71 of this chapter, you must include the duty to prepare and implement the plan as an applicable requirement in your part 70 or 71 operating permit. You must submit any changes to your permitting authority for review and approval and comply with the plan as submitted until the change is approved. (2) Each plan must include, at a minimum, the information specified in paragraphs (f)(2)(i) through (xii) of this section. (i) Process and control device parameters to be monitored for each affected source, along with established operating limits. (ii) Procedures for monitoring emissions and process and control device operating parameters for each affected source. (iii) Procedures that you will use to determine the coke burn-rate, the volumetric flow rate (if you use process data rather than direct measurement), and the rate of combustion of liquid or solid fossil fuels if you use an incinerator-waste heat boiler to burn the exhaust gases from a catalyst regenerator. (iv) Procedures and analytical methods you will use to determine the equilibrium catalyst Ni concentration, the equilibrium catalyst Ni concentration monthly rolling average, and the hourly or hourly average Ni operating value. (v) Procedures you will use to determine the pH of the water (or scrubbing liquid) exiting a wet scrubber if you use pH strips. (vi) Procedures you will use to determine the HCl concentration of gases from a catalytic reforming unit when you use a colormetric tube sampling system, including procedures for correcting for pressure (if applicable to the sampling equipment) and the sampling locations that will be used for compliance monitoring purposes. (vii) Procedures you will use to determine the gas flow rate for a catalytic cracking unit if you use the alternative procedure based on air flow rate and temperature. (viii) Monitoring schedule, including when you will monitor and when you will not monitor an affected source (e.g., during the coke burn-off, regeneration process). (ix) Quality control plan for each continuous opacity monitoring system and continuous emission monitoring system you use to meet an emission limit in this subpart. This plan must include procedures you will use for calibrations, accuracy audits, and adjustments to the system needed to meet applicable requirements for the system. (x) Maintenance schedule for each monitoring system and control device for each affected source that is generally consistent with the manufacturer's instructions for routine and long-term maintenance. (xi) If you use a fixed-bed gas-solid adsorption system to control emissions from a catalytic reforming unit, you must implement corrective action procedures if the HCl concentration measured at the selected compliance monitoring sampling location within the bed exceeds the operating limit. These procedures must require, at minimum, repeat measurement and recording of the HCl concentration in the adsorption system exhaust gases and at the selected compliance monitoring sampling location within the bed. If the HCl concentration at the selected compliance monitoring location within the bed is above the operating limit during the repeat measurement while the HCl concentration in the adsorption system exhaust gases remains below the operating limit, the adsorption bed must be replaced as soon as practicable. Your procedures must specify the sampling frequency that will be used to monitor the HCl concentration in the adsorption system exhaust gases subsequent to the repeat measurement and prior to replacement of the sorbent material (but not less frequent than once every 4 hours during coke burn-off). If the HCl concentration of the adsorption system exhaust gases is above the operating limit when measured at any time, the adsorption bed must be replaced within 24 hours or before the next regeneration cycle, whichever is longer. (xii) Procedures that will be used for purging the catalyst if you do not use a control device to comply with the organic HAP emission limits for catalytic reforming units. These procedures will include, but are not limited to, specification of the minimum catalyst temperature and the minimum cumulative volume of gas per mass of catalyst used for purging prior to uncontrolled releases (i.e., during controlled purging events); the maximum purge gas temperature for uncontrolled purge events; and specification of the monitoring systems that will be used to monitor and record data during each purge event. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6941, Feb. 9, 2005; 80 FR 75278, Dec. 1, 2015; 83 FR 60724, Nov. 26, 2018; 85 FR 73901, Nov. 19, 2020] § 63.1575 What reports must I submit and when? (a) You must submit each report in Table 43 of this subpart that applies to you. (b) Unless the Administrator has approved a different schedule, you must submit each report by the date in Table 43 of this subpart and according to the requirements in paragraphs (b)(1) through (5) of this section. (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.1563 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your affected source in § 63.1563. (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.1563. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to part 70 or 71 of this chapter, and if the permitting authority has established dates for submitting semiannual reports pursuant to § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A) of this chapter, you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) The compliance report must contain the information required in paragraphs (c)(1) through (4) of this section. (1) Company name and address. (2) Statement by a responsible official, with that official's name, title, and signature, certifying the accuracy of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) If there are no deviations from any emission limitation that applies to you and there are no deviations from the requirements for work practice standards, a statement that there were no deviations from the emission limitations or work practice standards during the reporting period and that no continuous emission monitoring system or continuous opacity monitoring system was inoperative, inactive, malfunctioning, out-of-control, repaired, or adjusted. (d) For each deviation from an emission limitation and for each deviation from the requirements for work practice standards that occurs at an affected source where you are not using a continuous opacity monitoring system or a continuous emission monitoring system to comply with the emission limitation or work practice standard in this subpart, the semiannual compliance report must contain the information in paragraphs (c)(1) through (3) of this section and the information in paragraphs (d)(1) through (4) of this section. (1) The total operating time of each affected source during the reporting period and identification of the sources for which there was a deviation. (2) Information on the number, date, time, duration, and cause of deviations (including unknown cause, if applicable). (3) Information on the number, duration, and cause for monitor downtime incidents (including unknown cause, if applicable, other than downtime associated with zero and span and other daily calibration checks). (4) The applicable operating limit or work practice standard from which you deviated and either the parameter monitor reading during the deviation or a description of how you deviated from the work practice standard. (e) For each deviation from an emission limitation occurring at an affected source where you are using a continuous opacity monitoring system or a continuous emission monitoring system to comply with the emission limitation, you must include the information in paragraphs (c)(1) through (3) of this section, in paragraphs (d)(1) through (3) of this section, and in paragraphs (e)(2) through (13) of this section. (1) [Reserved] (2) The date and time that each continuous opacity monitoring system or continuous emission monitoring system was inoperative, except for zero (low-level) and high-level checks. (3) The date and time that each continuous opacity monitoring system or continuous emission monitoring system was out-of-control, including the information in § 63.8(c)(8). (4) An estimate of the quantity of each regulated pollutant emitted over the emission limit during the deviation, and a description of the method used to estimate the emissions. (5) A summary of the total duration of the deviation during the reporting period (recorded in minutes for opacity and hours for gases and in the averaging period specified in the regulation for other types of emission limitations), and the total duration as a percent of the total source operating time during that reporting period. (6) A breakdown of the total duration of the deviations during the reporting period and into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. (7) A summary of the total duration of downtime for the continuous opacity monitoring system or continuous emission monitoring system during the reporting period (recorded in minutes for opacity and hours for gases and in the averaging time specified in the regulation for other types of standards), and the total duration of downtime for the continuous opacity monitoring system or continuous emission monitoring system as a percent of the total source operating time during that reporting period. (8) A breakdown of the total duration of downtime for the continuous opacity monitoring system or continuous emission monitoring system during the reporting period into periods that are due to monitoring equipment malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes. (9) An identification of each HAP that was monitored at the affected source. (10) A brief description of the process units. (11) The monitoring equipment manufacturer(s) and model number(s). (12) The date of the latest certification or audit for the continuous opacity monitoring system or continuous emission monitoring system. (13) A description of any change in the continuous emission monitoring system or continuous opacity monitoring system, processes, or controls since the last reporting period. (f) You also must include the information required in paragraphs (f)(1) through (2) of this section in each compliance report, if applicable. (1) A copy of any performance test or performance evaluation of a CMS done during the reporting period on any affected unit, if applicable. The report must be included in the next semiannual compliance report. The copy must include a complete report for each test method used for a particular kind of emission point tested. For additional tests performed for a similar emission point using the same method, you must submit the results and any other information required, but a complete test report is not required. A complete test report contains a brief process description; a simplified flow diagram showing affected processes, control equipment, and sampling point locations; sampling site data; description of sampling and analysis procedures and any modifications to standard procedures; quality assurance procedures; record of operating conditions during the test; record of preparation of standards; record of calibrations; raw data sheets for field sampling; raw data sheets for field and laboratory analyses; documentation of calculations; and any other information required by the test method. For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert i.e., (2) Any requested change in the applicability of an emission standard ( e.g., (g) You may submit reports required by other regulations in place of or as part of the compliance report if they contain the required information. (h) [Reserved] (i) If the applicable permitting authority has approved a period of planned maintenance for your catalytic cracking unit according to the requirements in paragraph (j) of this section, you must include the following information in your compliance report. (1) In the compliance report due for the 6-month period before the routine planned maintenance is to begin, you must include a full copy of your written request to the applicable permitting authority and written approval received from the applicable permitting authority. (2) In the compliance report due after the routine planned maintenance is complete, you must include a description of the planned routine maintenance that was performed for the control device during the previous 6-month period, and the total number of hours during those 6 months that the control device did not meet the emission limitations and monitoring requirements as a result of the approved routine planned maintenance. (j) If you own or operate multiple catalytic cracking units that are served by a single wet scrubber emission control device (e.g., a Venturi scrubber), you may request the applicable permitting authority to approve a period of planned routine maintenance for the control device needed to meet requirements in your operation, maintenance, and monitoring plan. You must present data to the applicable permitting authority demonstrating that the period of planned maintenance results in overall emissions reductions. During this pre-approved time period, the emission control device may be taken out of service while maintenance is performed on the control device and/or one of the process units while the remaining process unit(s) continue to operate. During the period the emission control device is unable to operate, the emission limits, operating limits, and monitoring requirements applicable to the unit that is operating and the wet scrubber emission control device do not apply. The applicable permitting authority may require that you take specified actions to minimize emissions during the period of planned maintenance. (1) You must submit a written request to the applicable permitting authority at least 6 months before the planned maintenance is scheduled to begin with a copy to the EPA Regional Administrator. (2) Your written request must contain the information in paragraphs (j)(2)(i) through (v) of this section. (i) A description of the planned routine maintenance to be performed during the next 6 months and why it is necessary. (ii) The date the planned maintenance will begin and end. (iii) A quantified estimate of the HAP and criteria pollutant emissions that will be emitted during the period of planned maintenance. (iv) An analysis showing the emissions reductions resulting from the planned maintenance as opposed to delaying the maintenance until the next unit turnaround. (v) Actions you will take to minimize emissions during the period of planned maintenance. (k) Electronic submittal of performance test and CEMS performance evaluation data. (1) Unless otherwise specified by this subpart, within 60 days after the date of completing each performance test as required by this subpart, you must submit the results of the performance tests following the procedure specified in either paragraph (k)(1)(i) or (ii) of this section. (i) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html https://cdx.epa.gov/ (ii) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (2) Unless otherwise specified by this subpart, within 60 days after the date of completing each CEMS performance evaluation required by § 63.1571(a) and (b), you must submit the results of the performance evaluation following the procedure specified in either paragraph (k)(2)(i) or (ii) of this section. (i) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI is accessed through the EPA's CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT or an alternate file format consistent with the XML schema listed on the EPA's ERT Web site. If you claim that some of the performance evaluation information being submitted is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph (k)(2)(i). (ii) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. (l) Extensions to electronic reporting deadlines. (2) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., [67 FR 17773, Apr. 11, 2002, as amended at 80 FR 75278, Dec. 1, 2015; 83 FR 60724, Nov. 26, 2018] § 63.1576 What records must I keep, in what form, and for how long? (a) You must keep the records specified in paragraphs (a)(1) through (3) of this section. (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any initial notification or Notification of Compliance Status that you submitted, according to the requirements in § 63.10(b)(2)(xiv). (2) The records specified in paragraphs (a)(2)(i) through (iv) of this section. (i) Record the date, time, and duration of each startup and/or shutdown period for which the facility elected to comply with the alternative standards in § 63.1564(a)(5)(ii) or § 63.1565(a)(5)(ii) or § 63.1568(a)(4)(ii) or (iii). (ii) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time and duration of each failure. (iii) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the volume of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (iv) Record actions taken to minimize emissions in accordance with § 63.1570(c) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (3) Records of performance tests, performance evaluations, and opacity and visible emission observations as required in § 63.10(b)(2)(viii). (b) For each continuous emission monitoring system and continuous opacity monitoring system, you must keep the records required in paragraphs (b)(1) through (5) of this section. (1) Records described in § 63.10(b)(2)(vi) through (xi). (2) Monitoring data for continuous opacity monitoring systems during a performance evaluation as required in § 63.6(h)(7)(i) and (ii). (3) The performance evaluation plan as described in § 63.8(d)(2) for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., (4) Requests for alternatives to the relative accuracy test for continuous emission monitoring systems as required in § 63.8(f)(6)(i). (5) Records of the date and time that each deviation started and stopped. (c) You must keep the records in § 63.6(h) for visible emission observations. (d) You must keep records required by Tables 6, 7, 13, and 14 of this subpart (for catalytic cracking units); Tables 20, 21, 27 and 28 of this subpart (for catalytic reforming units); Tables 34 and 35 of this subpart (for sulfur recovery units); and Table 39 of this subpart (for bypass lines) to show continuous compliance with each emission limitation that applies to you. (e) You must keep a current copy of your operation, maintenance, and monitoring plan onsite and available for inspection. You also must keep records to show continuous compliance with the procedures in your operation, maintenance, and monitoring plan. (f) You also must keep the records of any changes that affect emission control system performance including, but not limited to, the location at which the vent stream is introduced into the flame zone for a boiler or process heater. (g) Your records must be in a form suitable and readily available for expeditious review according to § 63.10(b)(1). (h) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (i) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You can keep the records offsite for the remaining 3 years. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005; 80 FR 75279, Dec. 1, 2015; 83 FR 60725, Nov. 26, 2018] Other Requirements and Information § 63.1577 What parts of the General Provisions apply to me? Table 44 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. § 63.1578 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that Agency has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the non-opacity emission limitations and work practice standards in §§ 63.1564 through 63.1569 under § 63.6(g). (2) Approval of alternative opacity emission limitations in §§ 63.1564 through 63.1569 under § 63.6(h)(9). (3) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.1579 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act (CAA), in 40 CFR 63.2, the General Provisions of this part (§§ 63.1 through 63.15), and in this section as listed. If the same term is defined in subpart A of this part and in this section, it shall have the meaning given in this section for purposes of this subpart. Boiler Catalytic cracking unit Catalytic cracking unit catalyst regenerator Catalytic reforming unit Catalytic reforming unit regenerator Coke burn-off Combustion device Combustion zone Contact material Continuous regeneration reforming Control device Cyclic regeneration reforming Deviation (1) Fails to meet any requirement or obligation established by this subpart, including but not limited to any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Emission limitation Flame zone Flow indicator Fuel gas system HCl Hot standby Incinerator Internal scrubbing system Ni Nonmethane TOC Oxidation control system PM Process heater Process vent Reduced sulfur compounds Reduction control system Responsible official Semi-regenerative reforming Sulfur recovery unit TOC TRS Work practice standard [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005; 80 FR 75279, Dec. 1, 2015] Table 1 to Subpart UUU of Part 63—Metal HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1564(a)(1), you shall meet each emission limitation in the following table that applies to you. For each new or existing catalytic cracking unit . . . You shall meet the following emission limits for 1. Subject to new source performance standard (NSPS) for PM in 40 CFR 60.102 and not electing § 60.100(e) PM emissions must not exceed 1.0 gram per kilogram (g/kg) (1.0 lb/1,000 lb) of coke burn-off, and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period. Before August 1, 2017, if the discharged gases pass through an incinerator or waste heat boiler in which you burn auxiliary or in supplemental liquid or solid fossil fuel, the incremental rate of PM emissions must not exceed 43.0 grams per Gigajoule (g/GJ) or 0.10 pounds per million British thermal units (lb/million Btu) of heat input attributable to the liquid or solid fossil fuel; and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i); or 40 CFR 60.102 and electing § 60.100(e) PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off or, if a PM CEMS is used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 percent excess air. 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii) PM emissions must not exceed 0.5 g/kg coke burn-off (0.5 lb/1000 lb coke burn-off) or, if a PM CEMS is used, 0.020 gr/dscf corrected to 0 percent excess air. 4. Option 1a: Elect NSPS subpart J requirements for PM per coke burn limit and 30% opacity, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed the limits specified in Item 1 of this table. 5. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1000 lb) of coke burn-off. 6. Option 1c: Elect NSPS subpart Ja requirements for PM concentration limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 0.040 gr/dscf corrected to 0 percent excess air. 7. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1000 lb) of coke burn-off in the catalyst regenerator. 8. Option 3: Ni lb/hr limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Nickel (Ni) emissions must not exceed 13,000 milligrams per hour (mg/hr) (0.029 lb/hr). 9. Option 4: Ni per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Ni emissions must not exceed 1.0 mg/kg (0.001 lb/1,000 lb) of coke burn-off in the catalyst regenerator. [80 FR 75280, Dec. 1, 2015] Table 2 to Subpart UUU of Part 63—Operating Limits for Metal HAP Emissions From Catalytic Cracking Units As stated in § 63.1564(a)(2), you shall meet each operating limit in the following table that applies to you. For each new or existing catalytic cracking unit . . . For this type of continuous For this type of control You shall meet this operating 1. Subject to the NSPS for PM in 40 CFR 60.102 and not elect § 60.100(e) Continuous opacity monitoring system Any On and after August 1, 2017, maintain the 3-hour rolling average opacity of emissions from your catalyst regenerator vent no higher than 20 percent. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i) or electing § 60.100(e) a. PM CEMS Any Not applicable. b. Continuous opacity monitoring system used to comply with a site-specific opacity limit Cyclone or electrostatic precipitator Maintain the 3-hour rolling average opacity of emissions from your catalyst regenerator vent no higher than the site-specific opacity limit established during the performance test. c. Continuous parameter monitoring systems Electrostatic precipitator i. Maintain the daily average coke burn-off rate or daily average flow rate no higher than the limit established in the performance test. ii. Maintain the 3-hour rolling average total power and secondary current above the limit established in the performance test. d. Continuous parameter monitoring systems Wet scrubber i. Maintain the 3-hour rolling average liquid-to-gas ratio above the limit established in the performance test. ii. Except for periods of startup, shutdown, and hot standby, maintain the 3-hour rolling average pressure drop above the limit established in the performance test. 1 e. Bag leak detection (BLD) system Fabric filter Maintain particulate loading below the BLD alarm set point established in the initial adjustment of the BLD system or allowable seasonal adjustments. 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii) Any Any The applicable operating limits in Item 2 of this table. 4. Option 1a: Elect NSPS subpart J requirements for PM per coke burn limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any Any See Item 1 of this table. 5. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any Any The applicable operating limits in Item 2.b, 2.c, 2.d, and 2.e of this table. 6. Option 1c: Elect NSPS subpart Ja requirements for PM concentration limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM CEMS Any Not applicable. 7. Option 2: PM per coke burn-off limit not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Continuous opacity monitoring system used to comply with a site-specific opacity limit Cyclone, fabric filter, or electrostatic precipitator See Item 2.b of this table. Alternatively, before August 1, 2017, you may maintain the hourly average opacity of emissions from your catalyst generator vent no higher than the site-specific opacity limit established during the performance test. b. Continuous parameter monitoring systems i. Electrostatic precipitator (1) See Item 2.c.i of this table. ii. Wet scrubber (1) See Item 2.d.i of this table. Alternatively, before August 1, 2017, you may maintain the daily average liquid-to-gas ratio above the limit established in the performance test. c. Bag leak detection (BLD) system Fabric filter See item 2.e of this table. 8. Option 3: Ni lb/hr limit not subject to the NSPS for PM in 40 CFR 60.102 a. Continuous opacity monitoring system Cyclone, fabric filter, or electrostatic precipitator Maintain the 3-hour rolling average Ni operating value no higher than the limit established during the performance test. Alternatively, before August 1, 2017, you may maintain the daily average Ni operating value no higher than the limit established during the performance test. b. Continuous parameter monitoring systems i. Electrostatic precipitator (1) See Item 2.c.i of this table. (3) See Item 2.c.ii of this table. Alternatively, before August 1, 2017, you may maintain the daily average voltage and secondary current (or total power input) above the established during the performance test. ii. Wet scrubber (1) Maintain the monthly rolling average of the equilibrium catalyst Ni concentration no higher than the limit established during the performance test. (2) See Item 2.d.i of this table. Alternatively, before August 1, 2017, you may maintain the daily average liquid-to-gas ratio above the limit established during the performance test. (3) See Item 2.d.ii of this table. Alternatively, before August 1, 2017, you may maintain the daily average pressure drop above the limit established during the performance test (not applicable to a non-venturi wet scrubber of the jet-ejector design). c. Bag leak detection (BLD) system Fabric filter See item 2.e of this table. 9. Option 4: Ni per coke burn-off limit not subject to the NSPS for PM in 40 CFR 60.102 a. Continuous opacity monitoring system Cyclone, fabric filter, or electrostatic precipitator Maintain the 3-hour rolling average Ni operating value no higher than Ni operating limit established during the performance test. Alternatively, before August 1, 2017, you may elect to maintain the daily average Ni operating value no higher than the Ni operating limit established during the performance test. b. Continuous parameter monitoring systems i. Electrostatic precipitator (1) Maintain the monthly rolling average of the equilibrium catalyst Ni concentration no higher than the limit established during the performance test. (2) See Item 2.c.ii of this table. Alternatively, before August 1, 2017, you may maintain the daily average voltage and secondary current (or total power input) above the limit established during the performance test. ii. Wet scrubber (1) Maintain the monthly rolling average of the equilibrium catalyst Ni concentration no higher than the limit established during the performance test. (2) See Item 2.d.i of this table. Alternatively, before August 1, 2017, you may maintain the daily average liquid-to-gas ratio above the limit established during the performance test. (3) See Item 2.d.ii of this table. Alternatively, before August 1, 2017, you may maintain the daily average pressure drop above the limit established during the performance test (not applicable to a non-venturi wet scrubber of the jet-ejector design). c. Bag leak detection (BLD) system Fabric filter See item 2.e of this table. 10. During periods of startup, shutdown, or hot standby Any Any Meet the requirements in § 63.1564(a)(5). 1 [80 FR 75280, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016] Table 3 to Subpart UUU of Part 63—Continuous Monitoring Systems for Metal HAP Emissions From Catalytic Cracking Units As stated in § 63.1564(b)(1), you shall meet each requirement in the following table that applies to you. For each new or existing catalytic If you use this type of control device for your vent . . . You shall install, operate, and maintain a . . . 1. Subject to the NSPS for PM in 40 CFR 60.102 and not electing § 60.100(e) Any Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i); or in § 60.102 and electing § 60.100(e); electing to meet the PM per coke burn-off limit a. Cyclone Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent. 1 c. Wet scrubber Continuous parameter monitoring system to measure and record the pressure drop across the scrubber, 2 1 d. Fabric Filter Continuous bag leak detection system to measure and record increases in relative particulate loading from each catalyst regenerator vent. 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i); or in § 60.102 and electing § 60.100(e); electing to meet the PM concentration limit Any Continuous emission monitoring system to measure and record the concentration of PM and oxygen from each catalyst regenerator vent. 4. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii) electing to meet the PM per coke burn-off limit Any The applicable continuous monitoring systems in item 2 of this table. 5. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii) electing to meet the PM concentration limit Any See item 3 of this table. 6. Option 1a: Elect NSPS subpart J, PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any See item 1 of this table. 7. Option 1b: Elect NSPS subpart Ja, PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any The applicable continuous monitoring systems in item 2 of this table. 8. Option 1c: Elect NSPS subpart Ja, PM concentration limit not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any See item 3 of this table. 9. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Any The applicable continuous monitoring systems in item 2 of this table. 10. Option 3: Ni lb/hr limit not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Cyclone Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent and continuous parameter monitoring system to measure and record the gas flow rate entering or exiting the control device. 1 b. Electrostatic precipitator Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent and continuous parameter monitoring system to measure and record the gas flow rate entering or exiting the control device 1 1 c. Wet scrubber Continuous parameter monitoring system to measure and record the pressure drop across the scrubber, 2 1 d. Fabric Filter Continuous bag leak detection system to measure and record increases in relative particulate loading from each catalyst regenerator vent or the monitoring systems specified in item 10.a of this table. 11. Option 4: Ni per coke burn-off limit not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Cyclone Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent and continuous parameter monitoring system to measure and record the coke burn-off rate and the gas flow rate entering or exiting the control device. 1 b. Electrostatic precipitator Continuous opacity monitoring system to measure and record the opacity of emissions from each catalyst regenerator vent and continuous parameter monitoring system to measure and record the coke burn-off rate and the gas flow rate entering or exiting the control device 1 1 c. Wet scrubber Continuous parameter monitoring system to measure and record the pressure drop across the scrubber, 2 1 d. Fabric Filter Continuous bag leak detection system to measure and record increases in relative particulate loading from each catalyst regenerator vent or the monitoring systems specified in item 11.a of this table. 12. Electing to comply with the operating limits in § 63.1564(a)(5)(ii) during periods of startup, shutdown, or hot standby Any Continuous parameter monitoring system to measure and record the gas flow rate exiting the catalyst regenerator. 1 1 2 [80 FR 75283, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016; 83 FR 60725, Nov. 26, 2018] Table 4 to Subpart UUU of Part 63—Requirements for Performance Tests for Metal HAP Emissions From Catalytic Cracking Units As stated in §§ 63.1564(b)(2) and 63.1571(a)(5), you shall meet each requirement in the following table that applies to you. For each new or existing catalytic cracking unit catalyst regenerator vent . . . You must . . . Using . . . According to these 1. Any a. Select sampling port's location and the number of traverse ports Method 1 or 1A in appendix A-1 to part 60 of this chapter Sampling sites must be located at the outlet of the control device or the outlet of the regenerator, as applicable, and prior to any releases to the atmosphere. b. Determine velocity and volumetric flow rate Method 2, 2A, 2C, 2D, or 2F in appendix A-1 to part 60 of this chapter, or Method 2G in appendix A-2 to part 60 of this chapter, as applicable c. Conduct gas molecular weight analysis Method 3, 3A, or 3B in appendix A-2 to part 60 of this chapter, as applicable d. Measure moisture content of the stack gas Method 4 in appendix A-3 to part 60 of this chapter e. If you use an electrostatic precipitator, record the total number of fields in the control system and how many operated during the applicable performance test f. If you use a wet scrubber, record the total amount (rate) of water (or scrubbing liquid) and the amount (rate) of make-up liquid to the scrubber during each test run 2. Subject to the NSPS for PM in 40 CFR 60.102 and not elect § 60.100(e) a. Measure PM emissions Method 5, 5B, or 5F (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for units without wet scrubbers. Method 5 or 5B (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for unit with wet scrubber You must maintain a sampling rate of at least 0.15 dry standard cubic meters per minute (dscm/min) (0.53 dry standard cubic feet per minute (dscf/min)). b. Compute coke burn-off rate and PM emission rate (lb/1,000 lb of coke burn-off) Equations 1, 2, and 3 of § 63.1564 (if applicable) c. Measure opacity of emissions Continuous opacity monitoring system You must collect opacity monitoring data every 10 seconds during the entire period of the Method 5, 5B, or 5F performance test and reduce the data to 6-minute averages. 3. Subject to the NSPS for PM in 40 CFR 60.102a(b)(1) or elect § 60.100(e), electing the PM for coke burn-off limit a. Measure PM emissions Method 5, 5B, or 5F (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for units without wet scrubbers. Method 5 or 5B (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for unit with wet scrubber You must maintain a sampling rate of at least 0.15 dscm/min (0.53 dscf/min). b. Compute coke burn-off rate and PM emission rate (lb/1,000 lb of coke burn-off) Equations 1, 2, and 3 of § 63.1564 (if applicable) c. Establish site-specific limit if you use a COMS Continuous opacity monitoring system If you elect to comply with the site-specific opacity limit in § 63.1564(b)(4)(i), you must collect opacity monitoring data every 10 seconds during the entire period of the Method 5, 5B, or 5F performance test. For site specific opacity monitoring, reduce the data to 6-minute averages; determine and record the average opacity for each test run; and compute the site-specific opacity limit using Equation 4 of § 63.1564. 4. Subject to the NSPS for PM in 40 CFR 60.102a(b)(1) or elect § 60.100(e) a. Measure PM emissions Method 5, 5B, or 5F (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for units without wet scrubbers. Method 5 or 5B (40 CFR part 60, appendix A-3) to determine PM emissions and associated moisture content for unit with wet scrubber You must maintain a sampling rate of at least 0.15 dscm/min (0.53 dscf/min). 5. Option 1a: Elect NSPS subpart J requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) See item 2 of this table 6. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) See item 3 of this table 7. Option 1c: Elect NSPS requirements for PM concentration, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) See item 4 of this table 8. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) See item 3 of this table 9. Option 3: Ni lb/hr limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Measure concentration of Ni Method 29 (40 CFR part 60, appendix A-8) Equation 5 of § 63.1564 c. Determine the equilibrium catalyst Ni concentration XRF procedure in appendix A to this subpart; 1 You must obtain 1 sample for each of the 3 test runs; determine and record the equilibrium catalyst Ni concentration for each of the 3 samples; and you may adjust the laboratory results to the maximum value using Equation 1 of § 63.1571, if applicable. d. If you use a continuous opacity monitoring system, establish your site-specific Ni operating limit i. Equations 6 and 7 of § 63.1564 using data from continuous opacity monitoring system, gas flow rate, results of equilibrium catalyst Ni concentration analysis, and Ni emission rate from Method 29 test (1) You must collect opacity monitoring data every 10 seconds during the entire period of the initial Ni performance test; reduce the data to 6-minute averages; and determine and record the average opacity from all the 6-minute averages for each test run. 10. Option 4: Ni per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Measure concentration of Ni Method 29 (40 CFR part 60, appendix A-8). Equations 1 and 8 of § 63.1564 c. Determine the equilibrium catalyst Ni concentration See item 9.c. of this table You must obtain 1 sample for each of the 3 test runs; determine and record the equilibrium catalyst Ni concentration for each of the 3 samples; and you may adjust the laboratory results to the maximum value using Equation 2 of § 63.1571, if applicable. d. If you use a continuous opacity monitoring system, establish your site-specific Ni operating limit i. Equations 9 and 10 of § 63.1564 with data from continuous opacity monitoring system, coke burn-off rate, results of equilibrium catalyst Ni concentration analysis, and Ni emission rate from Method 29 test (1) You must collect opacity monitoring data every 10 seconds during the entire period of the initial Ni performance test; reduce the data to 6-minute averages; and determine and record the average opacity from all the 6-minute averages for each test run. (2) You must collect gas flow rate monitoring data every 15 minutes during the entire period of the initial Ni performance test; measure the gas flow rate as near as practical to the continuous opacity monitoring system; and determine and record the hourly average actual gas flow rate for each test run. e. Record the catalyst addition rate for each test and schedule for the 10-day period prior to the test 11. If you elect item 5 Option 1b in Table 1, item 7 Option 2 in Table 1, item 8 Option 3 in Table 1, or item 9 Option 4 in Table 1 of this subpart and you use continuous parameter monitoring systems a. Establish each operating limit in Table 2 of this subpart that applies to you Data from the continuous parameter monitoring systems and applicable performance test methods b. Electrostatic precipitator or wet scrubber: Gas flow rate i. Data from the continuous parameter monitoring systems and applicable performance test methods (1) You must collect gas flow rate monitoring data every 15 minutes during the entire period of the initial performance test; determine and record the average gas flow rate for each test run. (2) You must determine and record the 3-hr average gas flow rate from the test runs. Alternatively, before August 1, 2017, you may determine and record the maximum hourly average gas flow rate from all the readings. c. Electrostatic precipitator: Total power (voltage and current) and secondary current i. Data from the continuous parameter monitoring systems and applicable performance test methods (1) You must collect voltage, current, and secondary current monitoring data every 15 minutes during the entire period of the performance test; and determine and record the average voltage, current, and secondary current for each test run. Alternatively, before August 1, 2017, you may collect voltage and secondary current (or total power input) monitoring data every 15 minutes during the entire period of the initial performance test. (2) You must determine and record the 3-hr average total power to the system for the test runs and the 3-hr average secondary current from the test runs. Alternatively, before August 1, 2017, you may determine and record the minimum hourly average voltage and secondary current (or total power input) from all the readings. d. Electrostatic precipitator or wet scrubber: Equilibrium catalyst Ni concentration Results of analysis for equilibrium catalyst Ni concentration You must determine and record the average equilibrium catalyst Ni concentration for the 3 runs based on the laboratory results. You may adjust the value using Equation 1 or 2 of § 63.1571 as applicable. e. Wet scrubber: Pressure drop (not applicable to non-venturi scrubber of jet ejector design) i. Data from the continuous parameter monitoring systems and applicable performance test methods (1) You must collect pressure drop monitoring data every 15 minutes during the entire period of the initial performance test; and determine and record the average pressure drop for each test run. f. Wet scrubber: Liquid-to-gas ratio i. Data from the continuous parameter monitoring systems and applicable performance test methods (1) You must collect gas flow rate and total water (or scrubbing liquid) flow rate monitoring data every 15 minutes during the entire period of the initial performance test; determine and record the average gas flow rate for each test run; and determine the average total water (or scrubbing liquid) flow for each test run. (2) You must determine and record the hourly average liquid-to-gas ratio from the test runs. Alternatively, before August 1, 2017, you may determine and record the hourly average gas flow rate and total water (or scrubbing liquid) flow rate from all the readings. (3) You must determine and record the 3-hr average liquid-to-gas ratio. Alternatively, before August 1, 2017, you may determine and record the minimum liquid-to-gas ratio. g. Alternative procedure for gas flow rate i. Data from the continuous parameter monitoring systems and applicable performance test methods (1) You must collect air flow rate monitoring data or determine the air flow rate using control room instrumentation every 15 minutes during the entire period of the initial performance test. (2) You must determine and record the 3-hr average rate of all the readings from the test runs. Alternatively, before August 1, 2017, you may determine and record the hourly average rate of all the readings. (3) You must determine and record the maximum gas flow rate using Equation 1 of § 63.1573. 1 2 [85 FR 6083, Feb. 4, 2020] Table 5 to Subpart UUU of Part 63—Initial Compliance With Metal HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1564(b)(5), you shall meet each requirement in the following table that applies to you. For each new and existing catalytic cracking unit catalyst regenerator vent . . . For the following emission You have demonstrated initial compliance if . . . 1. Subject to the NSPS for PM in 40 CFR 60.102 and not electing § 60.100(e) PM emissions must not exceed 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off, and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period. Before August 1, 2017, if the discharged gases pass through an incinerator or waste heat boiler in which you burn auxiliary or supplemental liquid or solid fossil fuel, the incremental rate of PM must not exceed 43.0 g/GJ or 0.10 lb/million Btu of heat input attributable to the liquid or solid fossil fuel; and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured PM emission rate is less than or equal to 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off in the catalyst regenerator. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. You are not required to do another performance test to demonstrate initial compliance. You have already conducted a performance test to demonstrate initial compliance with the NSPS and the average hourly opacity is no more than 30 percent, except that one 6-minute average in any 1-hour period can exceed 30 percent. As part of the Notification of Compliance Status, you must certify that your vent meets the 30 percent opacity limit. As part of your Notification of Compliance Status, you certify that your continuous opacity monitoring system meets the requirements in § 63.1572. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i); or in § 60.102 and electing § 60.100(e) and electing to meet the PM per coke burn-off limit PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured PM emission rate is less than or equal to 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off in the catalyst regenerator. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. You are not required to do another performance test to demonstrate initial compliance. As part of your Notification of Compliance Status, you certify that your BLD; CO 2 2 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii), electing to meet the PM per coke burn-off limit PM emissions must not exceed 0.5 g/kg (0.5 lb PM/1,000 lb) of coke burn-off) You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured PM emission rate is less than or equal to 0.5 g/kg (0.5 lb/1,000 lb) of coke burn-off in the catalyst regenerator. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. You are not required to do another performance test to demonstrate initial compliance. As part of your Notification of Compliance Status, you certify that your BLD; CO 2 2 4. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i), electing to meet the PM concentration limit If a PM CEMS is used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 percent excess air You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured PM concentration is less than or equal to 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 percent excess air. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. You are not required to do another performance test to demonstrate initial compliance. As part of your Notification of Compliance Status, you certify that your PM CEMS meets the requirements in § 63.1572. 5. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii), electing to meet the PM concentration limit If a PM CEMS is used, 0.020 gr/dscf corrected to 0 percent excess air You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured PM concentration is less than or equal to 0.020 gr/dscf corrected to 0 percent excess air. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. You are not required to do another performance test to demonstrate initial compliance. As part of your Notification of Compliance Status, you certify that your PM CEMS meets the requirements in § 63.1572. 6. Option 1a: Elect NSPS subpart J requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 gram per kilogram (g/kg) (1.0 lb/1,000 lb) of coke burn-off, and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period. Before August 1, 2017, PM emission must not exceed 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off in the catalyst regenerator; if the discharged gases pass through an incinerator or waste heat boiler in which you burn auxiliary or supplemental liquid or solid fossil fuel, the incremental rate of PM must not exceed 43.0 g/GJ (0.10 lb/million Btu) of heat input attributable to the liquid or solid fossil fuel; and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period The average PM emission rate, measured using EPA Method 5, 5B, or 5F (for a unit without a wet scrubber) or 5 or 5B (for a unit with a wet scrubber) (40 CFR part 60, appendix A-3), over the period of the initial performance test, is no higher than 1.0 g/kg coke burn-off (1.0 lb/1,000 lb) in the catalyst regenerator. The PM emission rate is calculated using Equations 1, 2, and 3 of § 63.1564. As part of the Notification of Compliance Status, you must certify that your vent meets the PM limit. The average hourly opacity is no more than 30 percent, except that one 6-minute average in any 1-hour period can exceed 30 percent. As part of the Notification of Compliance Status, you must certify that your vent meets the 30 percent opacity limit. If you use a continuous opacity monitoring system, your performance evaluation shows the system meets the applicable requirements in § 63.1572. 7. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off The average PM emission rate, measured using EPA Method 5, 5B, or 5F (for a unit without a wet scrubber) or 5 or 5B (for a unit with a wet scrubber) (40 CFR part 60, appendix A-3), over the period of the initial performance test, is no higher than 1.0 g/kg coke burn-off (1.0 lb/1,000 lb) in the catalyst regenerator. The PM emission rate is calculated using Equations 1, 2, and 3 of § 63.1564. If you use a BLD; CO 2 2 8. Option 1c: Elect NSPS subpart Ja requirements for PM concentration limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 0.040 gr/dscf corrected to 0 percent excess air The average PM concentration, measured using EPA Method 5, 5B, or 5F (for a unit without a wet scrubber) or Method 5 or 5B (for a unit with a wet scrubber) (40 CFR part 60, appendix A-3), over the period of the initial performance test, is less than or equal to 0.040 gr/dscf corrected to 0 percent excess air. Your performance evaluation shows your PM CEMS meets the applicable requirements in § 63.1572. 9. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off The average PM emission rate, measured using EPA Method 5, 5B, or 5F (for a unit without a wet scrubber) or 5 or 5B (for a unit with a wet scrubber) (40 CFR part 60, appendix A-3), over the period of the initial performance test, is no higher than 1.0 g/kg coke burn-off (1.0 lb/1,000 lb) in the catalyst regenerator. The PM emission rate is calculated using Equations 1, 2, and 3 of § 63.1564. If you use a BLD; CO 2 2 10. Option 3: Ni lb/hr limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Nickel (Ni) emissions from your catalyst regenerator vent must not exceed 13,000 mg/hr (0.029 lb/hr) The average Ni emission rate, measured using Method 29 (40 CFR part 60, appendix A-8) over the period of the initial performance test, is not more than 13,000 mg/hr (0.029 lb/hr). The Ni emission rate is calculated using Equation 5 of § 63.1564; and if you use a BLD; CO 2 2 11. Option 4: Ni per coke burn-off limit not subject to the NSPS for PM Ni emissions from your catalyst regenerator vent must not exceed 1.0 mg/kg (0.001 lb/1,000 lb) of coke burn-off in the catalyst regenerator The average Ni emission rate, measured using Method 29 (40 CFR part 60, appendix A-8) over the period of the initial performance test, is not more than 1.0 mg/kg (0.001 lb/1,000 lb) of coke burn-off in the catalyst regenerator. The Ni emission rate is calculated using Equation 8 of § 63.1564; and if you use a BLD; CO 2 2 [80 FR 75290, Dec. 1, 2015, as amended at 81 FR 45244, July 13, 2016; 83 FR 60726, Nov. 26, 2018] Table 6 to Subpart UUU of Part 63—Continuous Compliance With Metal HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1564(c)(1), you shall meet each requirement in the following table that applies to you. For each new and existing catalytic cracking unit . . . Subject to this emission limit for your catalyst regenerator vent . . . You shall demonstrate continuous compliance by . . . 1. Subject to the NSPS for PM in 40 CFR 60.102 and not electing § 60.100(e) a. PM emissions must not exceed 1.0 g/kg (1.0 lb/1,000 lb) of coke burn-off, and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period. Before August 1, 2017, if the discharged gases pass through an incinerator or waste heat boiler in which you burn auxiliary or supplemental liquid or solid fossil fuel, the incremental rate of PM must not exceed 43.0 g/GJ (0.10 lb/million Btu) of heat input attributable to the liquid or solid fossil fuel; and the opacity of emissions must not exceed 30 percent, except for one 6-minute average opacity reading in any 1-hour period i. Determining and recording each day the average coke burn-off rate (thousands of kilograms per hour) using Equation 1 in § 63.1564 and the hours of operation for each catalyst regenerator. ii. Conducting a performance test before August 1, 2017 or within 150 days of startup of a new unit and thereafter following the testing frequency in § 63.1571(a)(5) as applicable to your unit. iii. Collecting the continuous opacity monitoring data for each catalyst regenerator vent according to § 63.1572 and maintaining each 6-minute average at or below 30 percent, except that one 6-minute average during a 1-hour period can exceed 30 percent. iv. Before August 1, 2017, if applicable, determining and recording each day the rate of combustion of liquid or solid fossil fuels (liters/hour or kilograms/hour) and the hours of operation during which liquid or solid fossil-fuels are combusted in the incinerator-waste heat boiler; if applicable, maintaining the incremental rate of PM at or below 43 g/GJ (0.10 lb/million Btu) of heat input attributable to the solid or liquid fossil fuel. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i), electing to meet the PM per coke burn-off limit PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off Determining and recording each day the average coke burn-off rate (thousands of kilograms per hour) using Equation 1 in § 63.1564 and the hours of operation for each catalyst regenerator; maintaining PM emission rate below 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off; and conducting a performance test once every year. 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii), electing to meet the PM per coke burn-off limit PM emissions must not exceed 0.5 g/kg coke burn-off (0.5 lb/1000 lb coke burn-off) Determining and recording each day the average coke burn-off rate (thousands of kilograms per hour) using Equation 1 in § 63.1564 and the hours of operation for each catalyst regenerator; maintaining PM emission rate below 0.5 g/kg (0.5 lb/1,000 lb) of coke burn-off; and conducting a performance test once every year. 4. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(i), electing to meet the PM concentration limit If a PM CEMS is used, 0.040 grain per dry standard cubic feet (gr/dscf) corrected to 0 percent excess air Maintaining PM concentration below 0.040 gr/dscf corrected to 0 percent excess air. 5. Subject to NSPS for PM in 40 CFR 60.102a(b)(1)(ii), electing to meet the PM concentration limit If a PM CEMS is used, 0.020 gr/dscf corrected to 0 percent excess air Maintaining PM concentration below 0.020 gr/dscf corrected to 0 percent excess air. 6. Option 1a: Elect NSPS subpart J requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) See item 1 of this table See item 1 of this table. 7. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off See item 2 of this table. 8. Option 1c: Elect NSPS subpart Ja requirements for PM concentration limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 0.040 gr/dscf corrected to 0 percent excess air See item 4 of this table. 9. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM emissions must not exceed 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off Determining and recording each day the average coke burn-off rate and the hours of operation and the hours of operation for each catalyst regenerator by Equation 1 of § 63.1564 (you can use process data to determine the volumetric flow rate); maintaining PM emission rate below 1.0 g/kg (1.0 lb PM/1,000 lb) of coke burn-off; and conducting a performance test before August 1, 2017 and thereafter following the testing frequency in § 63.1571(a)(5) as applicable to your unit. 10. Option 3: Ni lb/hr limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Ni emissions must not exceed 13,000 mg/hr (0.029 lb/hr) Maintaining Ni emission rate below 13,000 mg/hr (0.029 lb/hr); and conducting a performance test before August 1, 2017 and thereafter following the testing frequency in § 63.1571(a)(5) as applicable to your unit. 11. Option 4: Ni per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Ni emissions must not exceed 1.0 mg/kg (0.001 lb/1,000 lb) of coke burn-off in the catalyst regenerator Determining and recording each day the average coke burn-off rate (thousands of kilograms per hour) and the hours of operation for each catalyst regenerator by Equation 1 of § 63.1564 (you can use process data to determine the volumetric flow rate); and maintaining Ni emission rate below 1.0 mg/kg (0.001 lb/1,000 lb) of coke burn-off in the catalyst regenerator; and conducting a performance test before August 1, 2017 and thereafter following the testing frequency in § 63.1571(a)(5) as applicable to your unit. [80 FR 75292, Dec. 1, 2015, as amended at 83 FR 60726, Nov. 26, 2018] Table 7 to Subpart UUU of Part 63—Continuous Compliance With Operating Limits for Metal HAP Emissions From Catalytic Cracking Units As stated in § 63.1564(c)(1), you shall meet each requirement in the following table that applies to you. For each new or existing catalytic cracking unit . . . If you use . . . For this operating limit . . . You shall demonstrate continuous compliance by . . . 1. Subject to NSPS for PM in 40 CFR 60.102 and not electing § 60.100(e) Continuous opacity monitoring system The 3-hour average opacity of emissions from your catalyst regenerator vent must not exceed 20 percent Collecting the continuous opacity monitoring data for each regenerator vent according to § 63.1572 and maintain each 3-hour rolling average opacity of emissions no higher than 20 percent. 2. Subject to NSPS for PM in 40 CFR 60.102a(b)(1); or 40 CFR 60.102 and elect § 60.100(e), electing to meet the PM per coke burn-off limit a. Continuous opacity monitoring system, used for site-specific opacity limit—Cyclone or electrostatic precipitator The average opacity must not exceed the opacity established during the performance test Collecting the hourly and 3-hr rolling average opacity monitoring data according to § 63.1572; maintaining the 3-hr rolling average opacity at or above the site-specific limit established during the performance test. b. Continuous parametric monitoring systems—electrostatic precipitator i. The average gas flow rate entering or exiting the control device must not exceed the operating limit established during the performance test Collecting the hourly and daily average coke burn-off rate or average gas flow rate monitoring data according to § 63.1572; and maintaining the daily average coke burn-off rate or average gas flow rate at or below the limit established during the performance test. ii. The average total power and secondary current to the control device must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average total power and secondary current monitoring data according to § 63.1572; and maintaining the 3-hr rolling average total power and secondary current at or above the limit established during the performance test. c. Continuous parametric monitoring systems—wet scrubber i. The average liquid-to-gas ratio must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average gas flow rate and scrubber liquid flow rate monitoring data according to § 63.1572; determining and recording the 3-hr liquid-to-gas ratio; and maintaining the 3-hr rolling average liquid-to-gas ratio at or above the limit established during the performance test. ii. Except for periods of startup, shutdown and hot standby, the average pressure drop across the scrubber must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average pressure drop monitoring data according to § 63.1572; and except for periods of startup, shutdown and hot standby, maintaining the 3-hr rolling average pressure drop at or above the limit established during the performance test. d. BLD—fabric filter Increases in relative particulate Collecting and maintaining records of BLD system output; determining the cause of the alarm within 1 hour of the alarm; and alleviating the cause of the alarm within 3 hours by corrective action. 3. Subject to NSPS for PM in 40 CFR 60.102a(b)(1), electing to meet the PM concentration limit PM CEMS Not applicable Complying with Table 6 of this subpart, item 4 or 5. 4. Option 1a: Elect NSPS subpart J requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) Continuous opacity monitoring system The 3-hour average opacity of emissions from your catalyst regenerator vent must not exceed 20 percent Collecting the 3-hr rolling average continuous opacity monitoring system data according to § 63.1572; and maintaining the 3-hr rolling average opacity no higher than 20 percent. 5. Option 1b: Elect NSPS subpart Ja requirements for PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Continuous opacity monitoring system The opacity of emissions from your catalyst regenerator vent must not exceed the site-specific opacity operating limit established during the performance test Collecting the 3-hr rolling average continuous opacity monitoring system data according to § 63.1572; maintaining the 3-hr rolling average opacity at or below the site-specific limit. b. Continuous parametric monitoring systems—electrostatic precipitator See item 2.b of this table See item 2.b of this table. c. Continuous parametric monitoring systems—wet scrubber See item 2.c of this table See item 2.c of this table. d. BLD—fabric filter See item 2.d of this table See item 2.d of this table. 6. Option 1c: Elect NSPS subpart Ja requirements for PM concentration limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) PM CEMS Not applicable Complying with Table 6 of this subpart, item 4. 7. Option 2: PM per coke burn-off limit, not subject to the NSPS for PM in 40 CFR 60.102 or 60.102a(b)(1) a. Continuous opacity monitoring system The opacity of emissions from your catalyst regenerator vent must not exceed the site-specific opacity operating limit established during the performance test Collecting the hourly and 3-hr rolling average continuous opacity monitoring system data according to § 63.1572; and maintaining the 3-hr rolling average opacity at or below the site-specific limit established during the performance test. Alternatively, before August 1, 2017, collecting the hourly average continuous opacity monitoring system data according to § 63.1572; and maintaining the hourly average opacity at or below the site-specific limit. b. Continuous parameter monitoring systems—electrostatic precipitator i. The average coke burn-off rate or average gas flow rate entering or exiting the control device must not exceed the operating limit established during the performance test Collecting the hourly and daily average coke burn-off rate or gas flow rate monitoring data according to § 63.1572; and maintaining the daily coke burn-off rate or average gas flow rate at or below the limit established during the performance test. ii. The average total power (voltage and current) and secondary current to the control device must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average total power and secondary current monitoring data according to § 63.1572; and maintaining the 3-hr rolling average total power and secondary current at or above the limit established during the performance test. Alternatively, before August 1, 2017, collecting the hourly and daily average voltage and secondary current (or total power input) monitoring data according to § 63.1572; and maintaining the daily average voltage and secondary current (or total power input) at or above the limit established during the performance test. c. Continuous parameter monitoring systems—wet scrubber i. The average liquid-to-gas ratio must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average gas flow rate and scrubber liquid flow rate monitoring data according to § 63.1572; determining and recording the 3-hr liquid-to-gas ratio; and maintaining the 3-hr rolling average liquid-to-gas ratio at or above the limit established during the performance test. Alternatively, before August 1, 2017, collecting the hourly average gas flow rate and water (or scrubbing liquid) flow rate monitoring data according to § 63.1572 1 ii. Except for periods of startup, shutdown and hot standby, the average pressure drop across the scrubber must not fall below the operating limit established during the performance test Collecting the hourly and 3-hr rolling average pressure drop monitoring data according to § 63.1572; and except for periods of startup, shutdown and hot standby, maintaining the 3-hr rolling average pressure drop at or above the limit established during the performance test. Alternatively, before August 1, 2017, collecting the hourly and daily average pressure drop monitoring data according to § 63.1572; and maintaining the daily average pressure drop above the limit established during the performance test. d. BLD—fabric filter See item 2.d of this table See item 2.d of this table. 8. Option 3: Ni lb/hr limit not subject to the NSPS for PM in 40 CFR 60.102 a. Continuous opacity monitoring system i. The daily average Ni operating value must not exceed the site-specific Ni operating limit established during the performance test (1) Collecting the hourly average continuous opacity monitoring system data according to § 63.1572; determining and recording equilibrium catalyst Ni concentration at least once a week 2 1 (2) Determining and recording the 3-hour rolling average Ni operating value and maintaining the 3-hour rolling average Ni operating value below the site-specific Ni operating limit established during the performance test. Alternatively, before August 1, 2017, determining and recording the daily average Ni operating value and maintaining the daily average Ni operating value below the site-specific Ni operating limit established during the performance test. b. Continuous parameter monitoring systems—electrostatic precipitator i. The average gas flow rate entering or exiting the control device must not exceed the operating limit established during the performance test See item 7.b.i of this table. ii. The average total power (voltage and current) and secondary current must not fall below the level established in the performance test See item 7.b.ii of this table. iii. The monthly rolling average of the equilibrium catalyst Ni concentration must not exceed the level established during the performance test Determining and recording the equilibrium catalyst Ni concentration at least once a week 2 c. Continuous parameter monitoring systems—wet scrubber i. The average liquid-to-gas ratio must not fall below the operating limit established during the performance test. See item 7.c.i of this table. ii. Except for periods of startup, shutdown and hot standby, the average pressure drop must not fall below the operating limit established in the performance test See item 7.c.ii of this table. iii. The monthly rolling average equilibrium catalyst Ni concentration must not exceed the level established during the performance test Determining and recording the equilibrium catalyst Ni concentration at least once a week 2 d. BLD—fabric filter i. Increases in relative particulate See item 7.d of this table. ii. The monthly rolling average of the equilibrium catalyst Ni concentration must not exceed the level established during the performance test Determining and recording the equilibrium catalyst Ni concentration at least once a week 2 9. Option 4: Ni per coke burn-off limit not subject to the NSPS for PM in 40 CFR 60.102 a. Continuous opacity monitoring system i. The daily average Ni operating value must not exceed the site-specific Ni operating limit established during the performance test (1) Collecting the hourly average continuous opacity monitoring system data according to § 63.1572; collecting the hourly average coke burn rate and hourly average gas flow rate monitoring data according to § 63.15721; determining and recording equilibrium catalyst Ni concentration at least once a week 2 (2) Determining and recording the 3-hour rolling average Ni operating value and maintaining the 3-hour rolling average Ni operating value below the site-specific Ni operating limit established during the performance test Alternatively, before August 1, 2017, determining and recording the daily average Ni operating value and maintaining the daily average Ni operating value below the site-specific Ni operating limit established during the performance test. b. Continuous parameter monitoring systems—electrostatic precipitator i. The average gas flow rate to the control device must not exceed the level established in the performance test See item 7.b.i of this table. ii. The average voltage and secondary current (or total power input) must not fall below the level established in the performance test See item 7.b.ii of this table. iii. The monthly rolling average equilibrium catalyst Ni concentration must not exceed the level established during the performance test See item 8.b.iii of this table. c. Continuous parameter monitoring systems—wet scrubber i. The average liquid-to-gas ratio must not fall below the operating limit established during the performance test See item 7.c.i of this table. ii. Except for periods of startup, shutdown and hot standby, the daily average pressure drop must not fall below the operating limit established in the performance test See item 7.c.ii of this table. iii. The monthly rolling average equilibrium catalyst Ni concentration must not exceed the level established during the performance test See item 8.c.iii of this table. d. BLD—fabric filter i. See item 2.d of this table See item 2.d of this table. ii. The monthly rolling average of the equilibrium catalyst Ni concentration must not exceed the level established during the performance test Determining and recording the equilibrium catalyst Ni concentration at least once a week 2 10. During periods of startup, shutdown, or hot standby Any control device, if elected The inlet velocity limit to the primary internal cyclones of the catalytic cracking unit catalyst regenerator in § 63.1564(a)(5)(ii) Meeting the requirements in § 63.1564(c)(5). 1 2 http://www.epa.gov/epaoswer/hazwaste/test/main.htm [80 FR 75293, Dec. 1, 2015] Table 8 to Subpart UUU of Part 63—Organic HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1565(a)(1), you shall meet each emission limitation in the following table that applies to you. For each new and existing catalytic cracking unit . . . You shall meet the following emission limit for each catalyst 1. Subject to the NSPS for carbon monoxide (CO) in 40 CFR 60.103 or 60.102a(b)(4) CO emissions from the catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 parts per million volume (ppmv) (dry basis). 2. Not subject to the NSPS for CO in 40 CFR 60.103 or 60.102a(b)(4) a. CO emissions from the catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis). [80 FR 75299, Dec. 1, 2015] Table 9 to Subpart UUU of Part 63—Operating Limits for Organic HAP Emissions From Catalytic Cracking Units As stated in § 63.1565(a)(2), you shall meet each operating limit in the following table that applies to you. For each new or existing catalytic cracking unit . . . For this type of continuous For this type of control You shall meet this operating 1. Subject to the NSPS for carbon monoxide (CO) in 40 CFR 60.103 or 60.102a(b)(4) Continuous emission monitoring system Not applicable Not applicable. 2. Not subject to the NSPS for CO in 40 CFR 60.103 or 60.102a(b)(4) a. Continuous emission monitoring system. Not applicable Not applicable. b. Continuous parameter monitoring systems. i. Thermal incinerator Maintain the daily average combustion zone temperature above the limit established during the performance test; and maintain the daily average oxygen concentration in the vent stream (percent, dry basis) above the limit established during the performance test. ii. Boiler or process heater with a design heat input capacity under 44 MW or a boiler or process heater in which all vent streams are not introduced into the flame zone. Maintain the daily average combustion zone temperature above the limit established in the performance test. iii. Flare On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare pilot light must be present at all times and the flare must be operating at all times that emissions may be vented to it, or the flare must meet the requirements of § 63.670. 3. During periods of startup, shutdown or hot standby Any Any Meet the requirements in § 63.1565(a)(5). [80 FR 75299, Dec. 1, 2015] Table 10 to Subpart UUU of Part 63—Continuous Monitoring Systems for Organic HAP Emissions From Catalytic Cracking Units As stated in § 63.1565(b)(1), you shall meet each requirement in the following table that applies to you. For each new or existing catalytic cracking And you use this type of control device for your vent . . . You shall install, operate, and maintain this type of continuous monitoring system . . . 1. Subject to the NSPS for carbon monoxide (CO) in 40 CFR 60.103 or 60.102a(b)(4) Not applicable Continuous emission monitoring system to measure and record the concentration by volume (dry basis) of CO emissions from each catalyst regenerator vent. 2. Not subject to the NSPS for CO in 40 CFR 60.103 or 60.102a(b)(4) a. Thermal incinerator Continuous emission monitoring system to measure and record the concentration by volume (dry basis) of CO emissions from each catalyst regenerator vent; or continuous parameter monitoring systems to measure and record the combustion zone temperature and oxygen content (percent, dry basis) in the incinerator vent stream. b. Process heater or boiler with a design heat input capacity under 44 MW or process heater or boiler in which all vent streams are not introduced into the flame zone. Continuous emission monitoring system to measure and record the concentration by volume (dry basis) of CO emissions from each catalyst regenerator vent; or continuous parameter monitoring systems to measure and record the combustion zone temperature. c. Flare On and after January 30, 2019, the monitoring systems required in §§ 63.670 and 63.671. Prior to January 30, 2019, monitoring device such as a thermocouple, an ultraviolet beam sensor, or infrared sensor to continuously detect the presence of a pilot flame, or the monitoring systems required in §§ 63.670 and 63.671. d. No control device Continuous emission monitoring system to measure and record the concentration by volume (dry basis) of CO emissions from each catalyst regenerator vent. 3. During periods of startup, shutdown or hot standby electing to comply with the operating limit in § 63.1565(a)(5)(ii) Any Continuous parameter monitoring system to measure and record the concentration by volume (wet or dry basis) of oxygen from each catalyst regenerator vent. If measurement is made on a wet basis, you must comply with the limit as measured (no moisture correction). [80 FR 75300, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018] Table 11 to Subpart UUU of Part 63—Requirements for Performance Tests for Organic HAP Emissions From Catalytic Cracking Units Not Subject to New Source Performance Standard (NSPS) for Carbon Monoxide (CO) As stated in § 63.1565(b)(2) and (3), you shall meet each requirement in the following table that applies to you. For . . . You must . . . Using . . . According to these requirements . . . 1. Each new or existing catalytic cracking unit catalyst regenerator vent. a. Select sampling port's location and the number of traverse ports. Method 1 or 1A in appendix A to part 60 of this chapter. Sampling sites must be located at the outlet of the control device or the outlet of the regenerator, as applicable, and prior to any releases to the atmosphere. b. Determine velocity and volumetric flow rate. Method 2, 2A, 2D, 2F, or 2G in appendix A to part 60 of this chapter, as applicable. c. Conduct gas molecular weight analysis. Method 3, 3A, or 3B in appendix A to part 60 of this chapter, as applicable. d. Measure moisture content of the stack gas. Method 4 in appendix A to part 60 of this chapter. 2. For each new or existing catalytic cracking unit catalyst regenerator vent if you use a continuous emission monitoring system. Measure CO emissions Data from your continuous emission monitoring system. Collect CO monitoring data for each vent for 24 consecutive operating hours; and reduce the continuous emission monitoring data to 1-hour averages computed from four or more data points equally spaced over each 1-hour period. 3. Each catalytic cracking unit catalyst regenerator vent if you use continuous parameter monitoring systems a. Measure the CO concentration (dry basis) of emissions exiting the control device Method 10, 10A, or 10B in appendix A-4 to part 60 of this chapter, as applicable b. Establish each operating limit in Table 9 of this subpart that applies to you Data from the continuous parameter monitoring systems c. Thermal incinerator combustion zone temperature Data from the continuous parameter monitoring systems Collect temperature monitoring data every 15 minutes during the entire period of the CO initial performance test; and determine and record the minimum hourly average combustion zone temperature from all the readings. d. Thermal incinerator: oxygen, content (percent, dry basis) in the incinerator vent stream Data from the continuous parameter monitoring systems Collect oxygen concentration (percent, dry basis) monitoring data every 15 minutes during the entire period of the CO initial performance test; and determine and record the minimum hourly average percent excess oxygen concentration from all the readings. e. If you use a process heater or boiler with a design heat input capacity under 44 MW or process heater or boiler in which all vent streams are not introduced into the flame zone, establish operating limit for combustion zone temperature Data from the continuous parameter monitoring systems Collect the temperature monitoring data every 15 minutes during the entire period of the CO initial performance test; and determine and record the minimum hourly average combustion zone temperature from all the readings. f. If you use a flare, conduct visible emission observations Method 22 (40 CFR part 60, appendix A-7) On and after January 30, 2019, meet the requirements of § 63.670. Prior to January 30, 2019, maintain a 2-hour observation period; and record the presence of a flame at the pilot light over the full period of the test or meet the requirements of § 63.670. g. If you use a flare, determine that the flare meets the requirements for net heating value of the gas being combusted and exit velocity 40 CFR 63.11(b)(6) through (8) On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare must meet the control device requirements in § 63.11(b) or the requirements of § 63.670. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6948, Feb. 9, 2005; 80 FR 75301, Dec. 1, 2015] Table 12 to Subpart UUU of Part 63—Initial Compliance With Organic HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1565(b)(4), you shall meet each requirement in the following table that applies to you. For each new and existing catalytic cracking unit . . . For the following emission You have demonstrated initial compliance if . . . 1. Subject to the NSPS for carbon monoxide (CO) in 40 CFR 60.103, 60.100(e), or 60.102a(b)(4) CO emissions from your catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis) You have already conducted a performance test to demonstrate initial compliance with the NSPS and the measured CO emissions are less than or equal to 500 ppm (dry basis). As part of the Notification of Compliance Status, you must certify that your vent meets the CO limit. You are not required to conduct another performance test to demonstrate initial compliance. You have already conducted a performance evaluation to demonstrate initial compliance with the applicable performance specification. As part of your Notification of Compliance Status, you must certify that your continuous emission monitoring system meets the applicable requirements in § 63.1572. You are not required to conduct another performance evaluation to demonstrate initial compliance. 2. Not subject to the NSPS for CO in 40 CFR 60.103 60.102a(b)(4) a. CO emissions from your catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis) i. If you use a continuous parameter monitoring system, the average CO emissions measured by Method 10 over the period of the initial performance test are less than or equal to 500 ppmv (dry basis). ii. If you use a continuous emission monitoring system, the hourly average CO emissions over the 24-hour period for the initial performance test are not more than 500 ppmv (dry basis); and your performance evaluation shows your continuous emission monitoring system meets the applicable requirements in § 63.1572. b. If you use a flare, visible emissions must not exceed a total of 5 minutes during any 2 operating hours On and after January 30, 2019, the flare meets the requirements of § 63.670. Prior to January 30, 2019, visible emissions, measured by Method 22 during the 2-hour observation period during the initial performance test, are no higher than 5 minutes, or the flare meets the requirements of § 63.670. [80 FR 75302, Dec. 1, 2015] Table 13 to Subpart UUU of Part 63—Continuous Compliance With Organic HAP Emission Limits for Catalytic Cracking Units As stated in § 63.1565(c)(1), you shall meet each requirement in the following table that applies to you. For each new and existing Subject to this emission limit for your catalyst regenerator If you must . . . You shall demonstrate continuous compliance by . . . 1. Subject to the NSPS for carbon monoxide (CO) in 40 CFR 60.103, 60.100(e), or 60.102a(b)(4) CO emissions from your catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis). Continuous emission monitoring system Collecting the hourly average CO monitoring data according to § 63.1572; and maintaining the hourly average CO concentration at or below 500 ppmv (dry basis). 2. Not subject to the NSPS for CO in 40 CFR 60.103 or 60.102a(b)(4) a. CO emissions from your catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis). Continuous emission monitoring system. Same as item 1. b. CO emissions from your catalyst regenerator vent or CO boiler serving the catalytic cracking unit must not exceed 500 ppmv (dry basis). Continuous parameter monitoring system. Maintaining the hourly average CO concentration below 500 ppmv (dry basis). c. Visible emissions from a flare must not exceed a total of 5 minutes during any 2-hour period. Control device-flare On and after January 30, 2019, meeting the requirements of § 63.670. Prior to January 30, 2019, maintaining visible emissions below a total of 5 minutes during any 2-hour operating period, or meeting the requirements of § 63.670. [80 FR 75302, Dec. 1, 2015] Table 14 to Subpart UUU of Part 63—Continuous Compliance With Operating Limits for Organic HAP Emissions From Catalytic Cracking Units As stated in § 63.1565(c)(1), you shall meet each requirement in the following table that applies to you. For each new existing catalytic cracking unit . . . If you use . . . For this operating limit . . . You shall demonstrate continuous compliance by . . . 1. Subject to NSPS for carbon monoxide (CO) in 40 CFR 60.103, 60.100(e), 60.102a(b)(4) Continuous emission monitoring system. Not applicable Complying with Table 13 of this subpart, item 1. 2. Not subject to the NSPS for CO in 40 CFR 60.103 or 60.102a(b)(4) a. Continuous emission monitoring system Not applicable Complying with Table 13 of this subpart, item 2.a. b. Continuous parameter monitoring systems—thermal incinerator. i. The daily average combustion zone temperature must not fall below the level established during the performance test. Collecting the hourly and daily average temperature monitoring data according to § 63.1572; and maintaining the daily average combustion zone temperature above the limit established during the performance test. ii. The daily average oxygen concentration in the vent stream (percent, dry basis) must not fall below the level established during the performance test. Collecting the hourly and daily average oxygen concentration monitoring data according to § 63.1572; and maintaining the daily average oxygen concentration above the limit established during the performance test. c. Continuous parameter monitoring systems—boiler or process heater with a design heat input capacity under 44 MW or boiler or process heater in which all vent streams are not introduced into the flame zone. The daily combustion zone temperature must not fall below the level established in the performance test. Collecting the average hourly and daily temperature monitoring data according to § 63.1572; and maintaining the daily average combustion zone temperature above the limit established during the performance test. d. Continuous parameter monitoring system—flare. The flare pilot light must be present at all times and the flare must be operating at all times that emissions may be vented to it. On and after January 30, 2019, meeting the requirements of § 63.670. Prior to January 30, 2019, collecting the flare monitoring data according to § 63.1572 and recording for each 1-hour period whether the monitor was continuously operating and the pilot light was continuously present during each 1-hour period, or meeting the requirements of § 63.670. 3. During periods of startup, shutdown or hot standby electing to comply with the operating limit in § 63.1565(a)(5)(ii). Any control device The oxygen concentration limit in § 63.1565(a)(5)(ii) Collecting the hourly average oxygen concentration monitoring data according to § 63.1572 and maintaining the hourly average oxygen concentration at or above 1 volume percent (dry basis). [80 FR 75303, Dec. 1, 2015] Table 15 to Subpart UUU of Part 63—Organic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1566(a)(1), you shall meet each emission limitation in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit . . . You shall meet this emission limit during initial catalyst depressuring and catalyst purging operations . . . 1. Option 1 On and after January 30, 2019, vent emissions to a flare that meets the requirements of § 63.670. Prior to January 30, 2019, vent emissions to a flare that meets the requirements for control devices in § 63.11(b) and visible emissions from a flare must not exceed a total of 5 minutes during any 2-hour operating period, or vent emissions to a flare that meets the requirements of § 63.670. 2. Option 2 Reduce uncontrolled emissions of total organic compounds (TOC) or nonmethane TOC from your process vent by 98 percent by weight using a control device or to a concentration of 20 ppmv (dry basis as hexane), corrected to 3 percent oxygen, whichever is less stringent. If you vent emissions to a boiler or process heater to comply with the percent reduction or concentration emission limitation, the vent stream must be introduced into the flame zone, or any other location that will achieve the percent reduction or concentration standard. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6951, Feb. 9, 2005; 80 FR 75304, Dec. 1, 2015] Table 16 to Subpart UUU of Part 63—Operating Limits for Organic HAP Emissions From Catalytic Reforming Units As stated in § 63.1566(a)(2), you shall meet each operating limit in the following table that applies to you. For each new or existing catalytic reforming unit . . . For this type of control device . . . You shall meet this operating limit during initial catalyst depressuring and purging operations. . . 1. Option 1: Vent to flare Flare On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare pilot light must be present at all times and the flare must be operating at all times that emissions may be vented to it, or the flare must meet the requirements of § 63.670. 2. Option 2: Percent reduction or concentration limit a. Thermal incinerator, boiler or process heater with a design heat input capacity under 44 MW, or boiler or process heater in which all vent streams are not introduced into the flame zone The daily average combustion zone temperature must not fall below the limit established during the performance test. b. No control device Operate at all times according to your operation, maintenance, and monitoring plan regarding minimum catalyst purging conditions that must be met prior to allowing uncontrolled purge releases. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6951, Feb. 9, 2005; 80 FR 75304, Dec. 1, 2015] Table 17 to Subpart UUU of Part 63—Continuous Monitoring Systems for Organic HAP Emissions From Catalytic Reforming Units As stated in § 63.1566(b)(1), you shall meet each requirement in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit . . . If you use this type of control device . . . You shall install and operate this type of continuous monitoring system . . . 1. Option 1: Vent to a flare Flare On and after January 30, 2019, the monitoring systems required in §§ 63.670 and 63.671. Prior to January 30, 2019, monitoring device such as a thermocouple, an ultraviolet beam sensor, or infrared sensor to continuously detect the presence of a pilot flame, or the monitoring systems required in §§ 63.670 and 63.671. 2. Option 2: percent reduction or concentration limit. Thermal incinerator, process heater or boiler with a design heat input capacity under 44 MW, or process heater or boiler in which all vent streams are not introduced into the flame zone Continuous parameter monitoring systems to measure and record the combustion zone temperature. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6952, Feb. 9, 2005; 80 FR 75304, Dec. 1, 2015] Table 18 to Subpart UUU of Part 63—Requirements for Performance Tests for Organic HAP Emissions From Catalytic Reforming Units As stated in § 63.1566(b)(2) and (3), you shall meet each requirement in the following table that applies to you. For each new or existing catalytic reforming unit . . . You must . . . Using . . . According to these 1. Option 1: Vent to a flare a. Conduct visible emission observations Method 22 (40 CFR part 60, appendix A-7) On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, 2-hour observation period. Record the presence of a flame at the pilot light over the full period of the test, or the requirements of § 63.670. b. Determine that the flare meets the requirements for net heating value of the gas being combusted and exit velocity 40 CFR 63.11(b)(6) through (8) On and after January 30, 2019, the flare must meet the requirements of § 63.670. Prior to January 30, 2019, the flare must meet the control device requirements in § 63.11(b) or the requirements of § 63.670. 2. Option 2: Percent reduction or concentration limit a. Select sampling site Method 1 or 1A (40 CFR part 60, appendix A). No traverse site selection method is needed for vents smaller than 0.10 meter in diameter. Sampling sites must be located at the inlet (if you elect the emission reduction standard) and outlet of the control device and prior to any releases to the atmosphere. b. Measure gas volumetric flow rate Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A), as applicable c. Measure TOC concentration (for percent reduction standard) Method 25 (40 part 60, appendix A) to measure nonmethane TOC concentration (in carbon equivalents) at inlet and outlet of the control device. If the nonmethane TOC outlet concentration is expected to be less than 50 ppm (as carbon), you can use Method 25A to measure TOC concentration (as hexane) at the inlet and the outlet of the control device. If you use Method 25A, you may use Method 18 (40 CFR part 60, appendix A) to measure the methane concentration to determine the nonmethane TOC concentration Take either an integrated sample or four grab samples during each run. If you use a grab sampling technique, take the samples at approximately equal intervals in time, such as 15-minute intervals during the run. d. Calculate TOC or nonmethane TOC emission rate and mass emission reduction Calculate emission rate by Equation 1 of § 63.1566 (if you use Method 25) or Equation 2 of § 63.1566 (if you use Method 25A). Calculate mass emission reduction by Equation 3 of § 63.1566. e. For concentration standard, measure TOC concentration. (Optional: Measure methane concentration.) Method 25A (40 CFR part 60, appendix A) to measure TOC concentration (as hexane) at the outlet of the control device. You may elect to use Method 18 (40 CFR part 60, appendix A) to measure the methane concentration f. Determine oxygen content in the gas stream at the outlet of the control device Method 3A or 3B (40 CFR part 60, appendix A), as applicable g. Calculate the TOC or nonmethane TOC concentration corrected for oxygen content (for concentration standard) Equation 4 of § 63.1566 h. Establish each operating limit in Table 16 of this subpart that applies to you for a thermal incinerator, or process heater or boiler with a design heat input capacity under 44 MW, or process heater or boiler in which all vent streams are not introduced into flame zone Data from the continuous parameter monitoring systems Collect the temperature monitoring data every 15 minutes during the entire period of the initial TOC performance test. Determine and record the minimum hourly average combustion zone temperature. i. If you do not use a control device, document the purging conditions used prior to testing following the minimum requirements in the operation, maintenance, and monitoring plan. Data from monitoring systems as identified in the operation, maintenance, and monitoring plan Procedures in the operation, maintenance, and monitoring plan. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6952, Feb. 9, 2005; 80 FR 75305, Dec. 1, 2015] Table 19 to Subpart UUU of Part 63—Initial Compliance With Organic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1566(b)(7), you shall meet each requirement in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit . . . For the following emission limit . . . You have demonstrated initial compliance if . . . Option 1 Visible emissions from a flare must not exceed a total of 5 minutes during any 2 consecutive hours On and after January 30, 2019, the flare meets the requirements of § 63.670. Prior to January 30, 2019, visible emissions, measured using Method 22 over the 2-hour observation period of the performance test, do not exceed a total of 5 minutes, or the flare meets the requirements of § 63.670. Option 2 Reduce uncontrolled emissions of total organic compounds (TOC) or nonmethane TOC from your process vent by 98 percent by weight using a control device or to a concentration of 20 ppmv (dry basis as hexane), corrected to 3 percent oxygen, whichever is less stringent The mass emission reduction of nonmethane TOC measured by Method 25 over the period of the performance test is at least 98 percent by weight as calculated using Equations 1 and 3 of § 63.1566; or the mass emission reduction of TOC measured by Method 25A (or nonmethane TOC measured by Methods 25A and 18) over the period of the performance test is at least 98 percent by weight as calculated using Equations 2 and 3 of § 63.1566; or the TOC concentration measured by Method 25A (or the nonmethane TOC concentration measured by Methods 25A and 18) over the period of the performance test does not exceed 20 ppmv (dry basis as hexane) corrected to 3 percent oxygen as calculated using Equation 4 of § 63.1566. [70 FR 6953, Feb. 9, 2005, as amended at 80 FR 75305, Dec. 1, 2015] Table 20 to Subpart UUU of Part 63—Continuous Compliance With Organic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1566(c)(1), you shall meet each requirement in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit . . . For this emission limit . . . You shall demonstrate continuous compliance during initial catalyst depressuring and catalyst purging operations by . . . 1. Option 1 Vent emissions from your process vent to a flare On and after January 30, 2019, meeting the requirements of § 63.670. Prior to January 30, 2019, maintaining visible emissions from a flare below a total of 5 minutes during any 2 consecutive hours, or meeting the requirements of § 63.670. 2. Option 2 Reduce uncontrolled emissions of total organic compounds (TOC) or nonmethane TOC from your process vent by 98 percent by weight using a control device or to a concentration of 20 ppmv (dry basis as hexane), corrected to 3 percent oxygen, whichever is less stringent. Maintaining a 98 percent by weight emission reduction of TOC or nonmethane TOC; or maintaining a TOC or nonmethane TOC concentration of not more than 20 ppmv (dry basis as hexane), corrected to 3 percent oxygen, whichever is less stringent. [70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75305, Dec. 1, 2015] Table 21 to Subpart UUU of Part 63—Continuous Compliance With Operating Limits for Organic HAP Emissions From Catalytic Reforming Units As stated in § 63.1566(c)(1), you shall meet each requirement in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit . . . If you use . . . For this operating limit . . . You shall demonstrate continuous compliance during initial catalyst depressuring and purging operations by . . . 1. Option 1 Flare The flare pilot light must be present at all times and the flare must be operating at all times that emissions may be vented to it On and after January 30, 2019, meeting the requirements of § 63.670. Prior to January 30, 2019, collecting flare monitoring data according to § 63.1572 and recording for each 1-hour period whether the monitor was continuously operating and the pilot light was continuously present during each 1-hour period, or meeting the requirements of § 63.670. 2. Option 2 a. Thermal incinerator boiler or process heater with a design input capacity under 44 MW or boiler or process heater in which not all vent streams are not introduced into the flame zone Maintain the daily average combustion zone temperature above the limit established during the performance test Collecting, the hourly and daily temperature monitoring data according to § 63.1572; and maintaining the daily average combustion zone temperature above the limit established during the performance test. b. No control device Operate at all times according to your operation, maintenance, and monitoring plan regarding minimum purging conditions that must be met prior to allowing uncontrolled purge releases Recording information to document compliance with the procedures in your operation, maintenance, and monitoring plan. [70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015] Table 22 to Subpart UUU of Part 63—Inorganic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1567(a)(1), you shall meet each emission limitation in the following table that applies to you. For . . . You shall meet this emission limit for each applicable catalytic reforming unit process vent during coke burn-off and catalyst rejuvenation . . . 1. Each existing semi-regenerative catalytic reforming unit Reduce uncontrolled emissions of hydrogen chloride (HCl) by 92 percent by weight or to a concentration of 30 ppmv (dry basis), corrected to 3 percent oxygen. 2. Each existing cyclic or continuous catalytic reforming unit Reduce uncontrolled emissions of HCl by 97 percent by weight or to a concentration of 10 ppmv (dry basis), corrected to 3 percent oxygen. 3. Each new semi-regenerative, cyclic, or continuous catalytic reforming unit Reduce uncontrolled emissions of HCl by 97 percent by weight or to a concentration of 10 ppmv (dry basis), corrected to 3 percent oxygen. [70 FR 6955, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015] Table 23 to Subpart UUU of Part 63—Operating Limits for Inorganic HAP Emission Limitations for Catalytic Reforming Units As stated in § 63.1567(a)(2), you shall meet each operating limit in the following table that applies to you. For each applicable process vent for a new or existing catalytic reforming unit with this type of control device . . . You shall meet this operating limit during coke burn-off and catalyst rejuvenation . . . 1. Wet scrubber The daily average pH or alkalinity of the water (or scrubbing liquid) exiting the scrubber must not fall below the limit established during the performance test; and the daily average liquid-to-gas ratio must not fall below the limit established during the performance test. 2. Internal scrubbing system or no control device ( e.g. The daily average HCl concentration in the catalyst regenerator exhaust gas must not exceed the limit established during the performance test. 3. Internal scrubbing system meeting HCl percent reduction standard. The daily average pH or alkalinity of the water (or scrubbing liquid) exiting the internal scrubbing system must not fall below the limit established during the performance test; and the daily average liquid-to-gas ratio must not fall below the limit established during the performance test. 4. Fixed-bed gas-solid adsorption system The daily average temperature of the gas entering or exiting the adsorption system must not exceed the limit established during the performance test; and the HCl concentration in the adsorption system exhaust gas must not exceed the limit established during the performance test. 5. Moving-bed gas-solid adsorption system ( e.g. TM The daily average temperature of the gas entering or exiting the adsorption system must not exceed the limit established during the performance test; and the weekly average chloride level on the sorbent entering the adsorption system must not exceed the design or manufacturer's recommended limit (1.35 weight percent for the Chlorsorb TM TM [70 FR 6955, Feb. 9, 2005] Table 24 to Subpart UUU of Part 63—Continuous Monitoring Systems for Inorganic HAP Emissions From Catalytic Reforming Units As stated in § 63.1567(b)(1), you shall meet each requirement in the following table that applies to you. If you use this type of control device for your vent . . . You shall install and operate this type of continuous monitoring system . . . 1. Wet scrubber Continuous parameter monitoring system to measure and record the total water (or scrubbing liquid) flow rate entering the scrubber during coke burn-off and catalyst rejuvenation; and continuous parameter monitoring system to measure and record gas flow rate entering or exiting the scrubber during coke burn-off and catalyst rejuvenation 1 2 2. Internal scrubbing system or no control device ( e.g., Colormetric tube sampling system to measure the HCl concentration in the catalyst regenerator exhaust gas during coke burn-off and catalyst rejuvenation. The colormetric tube sampling system must meet the requirements in Table 41 of this subpart. 3. Internal scrubbing system to meet HCl percent reduction standard Continuous parameter monitoring system to measure and record the gas flow rate entering or exiting the internal scrubbing system during coke burn-off and catalyst rejuvenation; and continuous parameter monitoring system to measure and record the total water (or scrubbing liquid) flow rate entering the internal scrubbing system during coke burn-off and catalyst rejuvenation; and continuous parameter monitoring system to measure and record the pH or alkalinity of the water (or scrubbing liquid) exiting the internal scrubbing system during coke burn-off and catalyst rejuvenation. 2 4. Fixed-bed gas-solid adsorption system Continuous parameter monitoring system to measure and record the temperature of the gas entering or exiting the adsorption system during coke burn-off and catalyst rejuvenation; and colormetric tube sampling system to measure the gaseous HCl concentration in the adsorption system exhaust and at a point within the absorbent bed not to exceed 90 percent of the total length of the absorbent bed during coke burn-off and catalyst rejuvenation. The colormetric tube sampling system must meet the requirements in Table 41 of this subpart. 5. Moving-bed gas-solid adsorption system (e.g., Chlorsorb TM Continuous parameter monitoring system to measure and record the temperature of the gas entering or exiting the adsorption system during coke burn-off and catalyst rejuvenation. 1 2 [70 FR 6956, Feb. 9, 2005, as amended at 80 FR 75306, Dec. 1, 2015] Table 25 to Subpart UUU of Part 63—Requirements for Performance Tests for Inorganic HAP Emissions From Catalytic Reforming Units As stated in § 63.1567(b)(2) and (3), you shall meet each requirement in the following table that applies to you. For each new and existing catalytic reforming unit using . . . You shall . . . Using . . . According to these requirements . . . 1. Any or no control system a. Select sampling port location(s) and the number of traverse points Method 1 or 1A (40 CFR part 60, appendix A), as applicable. (1) If you operate a control device and you elect to meet an applicable HCl percent reduction standard, sampling sites must be located at the inlet of the control device or internal scrubbing system and at the outlet of the control device or internal scrubber system prior to any release to the atmosphere. For a series of fixed-bed systems, the outlet sampling site should be located at the outlet of the first fixed-bed, prior to entering the second fixed-bed in the series. (2) If you elect to meet an applicable HCl outlet concentration limit, locate sampling sites at the outlet of the control device or internal scrubber system prior to any release to the atmosphere. For a series of fixed-bed systems, the outlet sampling site should be located at the outlet of the first fixed-bed, prior to entering the second fixed-bed in the series. If there is no control device, locate sampling sites at the outlet of the catalyst regenerator prior to any release to the atmosphere. b. Determine velocity and volumetric flow rate. Method 2, 2A, 2C, 2D, 2F, or 2G (40 CFR part 60, appendix A), as applicable. c. Conduct gas molecular weight analysis. Method 3, 3A, or 3B (40 CFR part 60, appendix A), as applicable d. Measure moisture content of the stack gas Method 4 (40 CFR part 60, appendix A) e. Measure the HCl concentration at the selected sampling locations Method 26 or 26A (40 CFR part 60, appendix A). If your control device is a wet scrubber or internal scrubbing system, you must use Method 26A (1) For semi-regenerative and cyclic regeneration units, conduct the test during the coke burn-off and catalyst rejuvenation cycle, but collect no samples during the first hour or the last 6 hours of the cycle (for semi- regenerative units) or during the first hour or the last 2 hours of the cycle (for cyclic regeneration units). For continuous regeneration units, the test should be conducted no sooner than 3 days after process unit or control system start up. (2) Determine and record the HCl concentration corrected to 3 percent oxygen (using Equation 1 of § 63.1567) for each sampling location for each test run. (3) Determine and record the percent emission reduction, if applicable, using Equation 3 of § 63.1567 for each test run. (4) Determine and record the average HCl concentration (corrected to 3 percent oxygen) and the average percent emission reduction, if applicable, for the overall source test from the recorded test run values. 2. Wet scrubber a. Establish operating limit for pH level or alkalinity i. Data from continuous parameter monitoring systems Measure and record the pH or alkalinity of the water (or scrubbing liquid) exiting scrubber every 15 minutes during the entire period of the performance test. Determine and record the minimum hourly average pH or alkalinity level from the recorded values. ii. Alternative pH procedure in § 63.1573(b)(1) Measure and record the pH of the water (or scrubbing liquid) exiting the scrubber during coke burn-off and catalyst rejuvenation using pH strips at least three times during each test run. Determine and record the average pH level for each test run. Determine and record the minimum test run average pH level. iii. Alternative alkalinity method in § 63.1573(c)(2) Measure and record the alkalinity of the water (or scrubbing liquid) exiting the scrubber during coke burn-off and catalyst rejuvenation using discrete titration at least three times during each test run. Determine and record the average alkalinity level for each test run. Determine and record the minimum test run average alkalinity level. b. Establish operating limit for liquid-to-gas ratio. i. Data from continuous parameter monitoring systems Measure and record the gas flow rate entering or exiting the scrubber and the total water (or scrubbing liquid) flow rate entering the scrubber every 15 minutes during the entire period of the performance test. Determine and record the hourly average gas flow rate and total water (or scrubbing liquid) flow rate. Determine and record the minimum liquid-to-gas ratio from the recorded, paired values. ii. Alternative procedure for gas flow rate in § 63.1573(a)(1) Collect air flow rate monitoring data or determine the air flow rate using control room instruments every 15 minutes during the entire period of the initial performance test. Determine and record the hourly average rate of all the readings. Determine and record the maximum gas flow rate using Equation 1 of § 63.1573. 3. Internal scrubbing system or no control device (e.g., hot regen system) meeting HCl outlet concentration limit. Establish operating limit for HCl concentration. Data from continuous parameter monitoring system. Measure and record the HCl concentration in the catalyst regenerator exhaust gas using the colormetric tube sampling system at least three times during each test run. Determine and record the average HCl concentration for each test run. Determine and record the average HCl concentration for the overall source test from the recorded test run averages. Determine and record the operating limit for HCl concentration using Equation 4 of § 63.1567. 4. Internal scrubbing system meeting HCl percent reduction standard a. Establish operating limit for pH level or alkalinity i. Data from continuous parameter monitoring system Measure and record the pH alkalinity of the water (or scrubbing liquid) exiting the internal scrubbing system every 15 minutes during the entire period of the performance test. Determine and record the minimum hourly average pH or alkalinity level from the recorded values. ii. Alternative pH method in § 63.1573(c)(1) Measure and in record pH of the water (or scrubbing liquid) exiting the internal scrubbing system during coke burn-off and catalyst rejuvenation using pH strips at least three times during each test run. Determine and record the average pH level for each test run. Determine and record the minimum test run average pH level. iii. Alternative alkalinity method in § 63.1573(c)(2) Measure and record the alkalinity water (or scrubbing liquid) exiting the internal scrubbing system during coke burn-off and catalyst rejuvenation using discrete titration at least three times during each test run. Determine and record the average alkalinity level for each test run. Determine and record the minimum test run average alkalinity level. b. Establish operating limit for liquid-to-gas ratio Data from continuous parameter monitoring systems Measure and record the gas entering or exiting the internal scrubbing system and the total water (or scrubbing liquid) flow rate entering the internal scrubbing system every 15 minutes during the entire period of the performance test. Determine and record the hourly average gas flow rate and total water (or scrubbing liquid) flow rate. Determine and record the minimum liquid-to-gas ratio from the recorded, paired values. 5. Fixed-bed gas-solid adsorption system. Gas-solid a. Establish operating limit for temperature Data from continuous parameter monitoring system Measure and record the temperature of gas entering or exiting the adsorption system every 15 minutes. Determine and record the maximum hourly average temperature. b. Establish operating limit for HCl concentration i. Data from continuous parameter monitoring systems (1) Measure and record the HCl concentration in the exhaust gas from the fixed-bed adsorption system using the colormetric tube sampling system at least three times during each test run. Determine and record the average HCl concentration for each test run. Determine and record the average HCl concentration for the overall source test from the recorded test run averages. (2) If you elect to comply with the HCl outlet concentration limit (Option 2), determine and record the operating limit for HCl concentration using Equation 4 of § 63.1567. If you elect to comply with the HCl percent reduction standard (Option 1), determine and record the operating limit for HCl concentration using Equation 5 of § 63.1567. 6. Moving-bed gas-solid adsorption system (e.g., Chlorsorb TM a. Establish operating limit for temperature Data from continuous parameter monitoring systems. Measure and record the temperature of gas entering or exiting the adsorption system every 15 minutes. Determine and record the maximum hourly average temperature. b. Measure the chloride level on the sorbent entering and exiting the adsorption system. Determination of Metal Concentration on Catalyst Particles (Instrumental Analyzer Procedure) in appendix A to subpart UUU; or EPA Method 5050 combined either with EPA Method 9056, or with EPA Method 9253; or EPA Method 9212 with the soil extraction procedures listed within the method. 1 Measure and record the chloride concentration of the sorbent material entering and exiting the adsorption system at least three times during each test run. Determine and record the average weight percent chloride concentration of the sorbent entering the adsorption system for each test run. Determine and record the average weight percent chloride concentration of the sorbent exiting the adsorption system for each test run. 1 http://www.epa.gov/epaoswer/hazwaste/test/main.htm [70 FR 6956, Feb. 9, 2005, as amended at 80 FR 75307, Dec. 1, 2015] Table 26 to Subpart UUU of Part 63—Initial Compliance With Inorganic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1567(b)(4), you shall meet each requirement in the following table that applies to you. For . . . For the following emission limit . . . You have demonstrated initial compliance if . . . 1. Each existing semi-regenerative catalytic reforming unit Reduce uncontrolled emissions of HCl by 92 percent by weight or to a concentration of 30 ppmv, (dry basis), corrected to 3 percent oxygen. Average emissions HCl measured using Method 26 or 26A, as applicable, over the period of the performance test, are reduced by 92 percent or to a concentration less than or equal to 30 ppmv (dry basis) corrected to 3 percent oxygen. 2. Each existing cyclic or continuous catalytic reforming unit and each new semi-regenerative, cyclic, or continuous catalytic reforming unit. Reduce uncontrolled emissions of HCl by 97 percent by weight or to a concentration of 10 ppmv (dry basis), corrected to 3 percent oxygen Average emissions of HCl measured using Method 26 or 26A, as applicable, over the period of the performance test, are reduced by 97 percent or to a concentration less than or equal to 10 ppmv (dry basis) corrected to 3 percent oxygen. [70 FR 6959, Feb. 9, 2005] Table 27 to Subpart UUU of Part 63—Continuous Compliance With Inorganic HAP Emission Limits for Catalytic Reforming Units As stated in § 63.1567(c)(1), you shall meet each requirement in the following table that applies to you. For . . . For this emission limit . . . You shall demonstrate continuous compliance during coke burn-off and catalyst rejuvenation by . . . 1. Each existing semi-regenerative catalytic reforming unit Reduce uncontrolled emissions of HCl by 92 percent by weight or to a concentration of 30 ppmv (dry basis), corrected to 3 percent oxygen. Maintaining a 92 percent HCl emission reduction or an HCl concentration no more than 30 ppmv (dry basis), corrected to 3 percent oxygen. 2. Each existing cyclic or continuous catalytic reforming unit Reduce uncontrolled emissions of HCl by 97 percent by weight or to a concentration of 10 ppmv (dry basis), corrected to 3 percent oxygen Maintaining a 97 percent HCl control efficiency or an HCl concentration no more than 10 ppmv (dry basis), corrected to 3 percent oxygen. 3. Each new semi-regenerative, cyclic, or continuous catalytic reforming unit Reduce uncontrolled emissions of HCl by 97 percent by weight or to a concentration of 10 ppmv (dry basis), corrected to 3 percent oxygen Maintaining a 97 percent HCl control efficiency or an HCl concentration no more than 10 ppmv (dry basis), corrected to 3 percent oxygen. [70 FR 6960, Feb. 9, 2005] Table 28 to Subpart UUU of Part 63—Continuous Compliance With Operating Limits for Inorganic HAP Emissions From Catalytic Reforming Units As stated in § 63.1567(c)(1), you shall meet each requirement in the following table that applies to you. For each new and existing catalytic reforming unit using this type of control device or system . . . For this operating limit . . . You shall demonstrate continuous compliance during coke burn-off and catalyst rejuvenation by . . . 1. Wet scrubber a. The daily average pH or alkalinity of the water (or scrubbing liquid) exiting the scrubber must not fall below the level established during the performance test Collecting the hourly and daily average pH or alkalinity monitoring data according to § 63.1572 1 b. The daily average liquid-to-gas ratio must not fall below the level established during the performance test Collecting the hourly average gas flow rate 2 2. Internal scrubbing system or no control device (e.g., hot regen system) meeting HCl concentration limit The daily average HCl concentration in the catalyst regenerator exhaust gas must not exceed the limit established during the performance test Measuring and recording the HCl concentration at least 4 times during a regeneration cycle (equally spaced in time) or every 4 hours, whichever is more frequent, using a colormetric tube sampling system; calculating the daily average HCl concentration as an arithmetic average of all samples collected in each 24-hour period from the start of the coke burn-off cycle or for the entire duration of the coke burn-off cycle if the coke burn-off cycle is less than 24 hours; and maintaining the daily average HCl concentration below the applicable operating limit. 3. Internal scrubbing system meeting percent HCl reduction standard a. The daily average pH or alkalinity of the water (or scrubbing liquid) exiting the internal scrubbing system must not fall below the limit established during the performance test Collecting the hourly and daily average pH or alkalinity monitoring data according to § 63.1572 1 b. The daily average liquid-to-gas ratio must not fall below the level established during the performance test Collecting the hourly average gas flow rate 2 4. Fixed-bed gas-solid adsorption systems a. The daily average temperature of the gas entering or exiting the adsorption system must not exceed the limit established during the performance test Collecting the hourly and daily average temperature monitoring data according to § 63.1572; and maintaining the daily average temperature below the operating limit established during the performance test. b. The HCl concentration in the exhaust gas from the fixed-bed gas-solid adsorption system must not exceed the limit established during the performance test Measuring and recording the concentration of HCl weekly or during each regeneration cycle, whichever is less frequent, using a colormetric tube sampling system at a point within the adsorbent bed not to exceed 90 percent of the total length of the adsorption bed during coke-burn-off and catalyst rejuvenation; implementing procedures in the operating and maintenance plan if the HCl concentration at the sampling location within the adsorption bed exceeds the operating limit; and maintaining the HCl concentration in the gas from the adsorption system below the applicable operating limit. 5. Moving-bed gas-solid adsorption system ( e.g., TM a. The daily average temperature of the gas entering or exiting the adsorption system must not exceed the limit established during the performance test Collecting the hourly and daily average temperature monitoring data according to § 63.1572; and maintaining the daily average temperature below the operating limit established during the performance test. b. The weekly average chloride level on the sorbent entering the adsorption system must not exceed the design or manufacturer's recommended limit (1.35 weight percent for the Chlorsorb TM Collecting samples of the sorbent exiting the adsorption system three times per week (on non-consecutive days); and analyzing the samples for total chloride 3 TM c. The weekly average chloride level on the sorbent exiting the adsorption system must not exceed the design or manufacturer's recommended limit (1.8 weight percent for the Chlorsorb TM Collecting samples of the sorbent exiting the adsorption system three times per week (on non-consecutive days); and analyzing the samples for total chloride concentration; and determining and recording the weekly average chloride concentration; and maintaining the chloride concentration below the design or manufacturer's recommended limit (1.8 weight percent Chlorsorb TM 1 2 3 http://www.epa.gov/epaoswer/hazwaste/test/main.htm [70 FR 6954, Feb. 9, 2005, as amended at 80 FR 75308, Dec. 1, 2015] Table 29 to Subpart UUU of Part 63—HAP Emission Limits for Sulfur Recovery Units As stated in § 63.1568(a)(1), you shall meet each emission limitation in the following table that applies to you. For . . . You shall meet this emission limit for each process vent . . . 1. Subject to NSPS. Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 long tons per day (LTD) and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) of sulfur dioxide (SO 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) of SO 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 3. Option 2: TRS limit. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) 300 ppmv of total reduced sulfur (TRS) compounds, expressed as an equivalent SO 2 [80 FR 75309, Dec. 1, 2015] Table 30 to Subpart UUU of Part 63—Operating Limits for HAP Emissions From Sulfur Recovery Units As stated in § 63.1568(a)(2), you shall meet each operating limit in the following table that applies to you. For . . . If use this type of control device . . . You shall meet this operating limit . . . 1. Subject to NSPS. Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 LTD and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Not applicable Not applicable. 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Not applicable Not applicable. 3. Option 2: TRS limit, if using continuous emissions monitoring systems. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Not applicable Not applicable. 4. Option 2: TRS limit, if using continuous parameter monitoring systems. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Thermal incinerator Maintain the daily average combustion zone temperature above the limit established during the performance test; and maintain the daily average oxygen concentration in the vent stream (percent, dry basis) above the limit established during the performance test. 5. Startup or shutdown option 1: Electing to comply with § 63.1568(a)(4)(ii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during periods of startup or shutdown Flare On and after January 30, 2019, meet the applicable requirements of § 63.670. Prior to January 30, 2019, meet the applicable requirements of either § 63.11(b) or § 63.670. 6. Startup or shutdown option 2: Electing to comply with § 63.1568(a)(4)(iii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during startup or shutdown events Thermal incinerator or thermal oxidizer Maintain the hourly average combustion zone temperature at or above 1,200 degrees Fahrenheit and maintain the hourly average oxygen concentration in the exhaust gas stream at or above 2 volume percent (dry basis). [80 FR 75310, Dec. 1, 2015] Table 31 to Subpart UUU of Part 63—Continuous Monitoring Systems for HAP Emissions From Sulfur Recovery Units As stated in § 63.1568(b)(1), you shall meet each requirement in the following table that applies to you. For . . . For this limit . . . You shall install and operate this continuous monitoring system . . . 1. Subject to NSPS. Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 LTD and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1). a. 250 ppmv (dry basis) of SO 2 Continuous emission monitoring system to measure and record the hourly average concentration of SO 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 Continuous emission monitoring system to measure and record the hourly average concentration of reduced sulfur and oxygen (O 2 2 Exception: 2 2 2 c. If you use Equation 1 of 40 CFR 60.102a(f)(1)(i) to set your emission limit i. Complete either item 1.a or item 1.b; and 2 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1). a. 250 ppmv (dry basis) of SO 2 Continuous emission monitoring system to measure and record the hourly average concentration of SO 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 Continuous emission monitoring system to measure and record the hourly average concentration of reduced sulfur and O 2 2 Exception: 2 2 2 c. If you use Equation 1 of 40 CFR 60.102a(f)(1)(i) to set your emission limit i. Complete either item 2.a or item 2.b; and 2 3. Option 2: TRS limit. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1). a. 300 ppmv of total reduced sulfur (TRS) compounds, expressed as an equivalent SO 2 i. Continuous emission monitoring system to measure and record the hourly average concentration of TRS for each exhaust stack; this monitor must include an oxygen monitor for correcting the data for excess oxygen; or ii. Continuous parameter monitoring systems to measure and record the combustion zone temperature of each thermal incinerator and the oxygen content (percent, dry basis) in the vent stream of the incinerator. 4. Startup or shutdown option 1: electing to comply with § 63.1568(a)(4)(ii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during periods of startup or shutdown. Any On and after January 30, 2019, monitoring systems as specified in §§ 63.670 and 63.671. Prior to January 30, 2019, either continuous parameter monitoring systems following the requirements in § 63.11 (to detect the presence of a flame; to measure and record the net heating value of the gas being combusted; and to measure and record the volumetric flow of the gas being combusted) or monitoring systems as specified in §§ 63.670 and 63.671. 5. Startup or shutdown option 2: electing to comply with § 63.1568(a)(4)(iii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during periods of startup or shutdown. Any Continuous parameter monitoring systems to measure and record the firebox temperature of each thermal incinerator or oxidizer and the oxygen content (percent, dry basis) in the exhaust vent from the incinerator or oxidizer. [80 FR 75310, Dec. 1, 2015] Table 32 to Subpart UUU of Part 63—Requirements for Performance Tests for HAP Emissions From Sulfur Recovery Units Not Subject to the New Source Performance Standards for Sulfur Oxides As stated in § 63.1568(b)(2) and (3), you shall meet each requirement in the following table that applies to you. For . . . You must . . . Using . . . According to these 1. Option 1: Elect NSPS. Each new and existing sulfur recovery unit a. Measure SO 2 2 2 Data from continuous emission monitoring system Collect SO 2 b. Measure O 2 2 i. Data from continuous emission monitoring system; or Collect O 2 ii. Data from flow monitor for ambient air and purchased oxygen-enriched gas Collect gas flow rate monitoring data every 15 minutes for 24 consecutive operating hours. Reduce the data to 1-hour averages computed from 4 or more data points equally spaced over each 1-hour period; calculate the hourly O 2 2. Option 2: TRS limit, using CEMS. Each new and existing sulfur recovery unit Measure the concentration of reduced sulfur (or SO 2 2 Data from continuous emission monitoring system Collect TRS data every 15 minutes for 24 consecutive operating hours. Reduce the data to 1-hour averages computed from four or more data points equally spaced over each 1-hour period. 3. Option 2: TRS limit, if using continuous parameter monitoring systems. Each new and existing sulfur recovery unit a. Select sampling port's location and the number of traverse ports Method 1 or 1A in Appendix A-1 to part 60 of this chapter Sampling sites must be located at the outlet of the control device and prior to any releases to the atmosphere. b. Determine velocity and volumetric flow rate Method 2, 2A, 2C, 2D, or 2F in appendix A-1 to part 60 of this chapter, or Method 2G in appendix A-2 to part 60 of this chapter, as applicable c. Conduct gas molecular weight analysis; obtain the oxygen concentration needed to correct the emission rate for excess air Method 3, 3A, or 3B in appendix A-2 to part 60 of this chapter, as applicable Take the samples simultaneously with reduced sulfur or moisture samples. d. Measure moisture content of the stack gas Method 4 in appendix A-3 to part 60 of this chapter Make your sampling time for each Method 4 sample equal to that for 4 Method 15 samples. e. Measure the concentration of TRS Method 15 or 15A in appendix A-5 to part 60 of this chapter, as applicable If the cross-sectional area of the duct is less than 5 square meters (m 2 2 f. Calculate the SO 2 The arithmetic average of the SO 2 g. Correct the reduced sulfur samples to zero percent excess air Equation 1 of § 63.1568 h. Establish each operating limit in Table 30 of this subpart that applies to you Data from the continuous parameter monitoring system i. Measure thermal incinerator: combustion zone temperature Data from the continuous parameter monitoring system Collect temperature monitoring data every 15 minutes during the entire period of the performance test; and determine and record the minimum hourly average temperature from all the readings. j. Measure thermal incinerator: oxygen concentration (percent, dry basis) in the vent stream Data from the continuous parameter monitoring system Collect oxygen concentration (percent, dry basis) data every 15 minutes during the entire period of the performance test; and determine and record the minimum hourly average percent excess oxygen concentration. [80 FR 75312, Dec. 1, 2015] Table 33 to Subpart UUU of Part 63—Initial Compliance With HAP Emission Limits for Sulfur Recovery Units As stated in § 63.1568(b)(5), you shall meet each requirement in the following table that applies to you. For . . . For the following emission limit . . . You have demonstrated initial 1. Subject to NSPS: Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 LTD and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) SO 2 You have already conducted a performance test to demonstrate initial compliance with the NSPS and each 12-hour rolling average concentration of SO 2 2 You have already conducted a performance evaluation to demonstrate initial compliance with the applicable performance specification. As part of your Notification of Compliance Status, you must certify that your continuous emission monitoring system meets the applicable requirements in § 63.1572. You are not required to do another performance evaluation to demonstrate initial compliance. b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 You have already conducted a performance test to demonstrate initial compliance with the NSPS and each 12-hour rolling average concentration of reduced sulfur compounds measured by your continuous emission monitoring system is less than or equal to 300 ppmv, calculated as ppmv SO 2 2 You have already conducted a performance evaluation to demonstrate initial compliance with the applicable performance specification. As part of your Notification of Compliance Status, you must certify that your continuous emission monitoring system meets the applicable requirements in § 63.1572. You are not required to do another performance evaluation to demonstrate initial compliance. 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) of SO 2 Each 12-hour rolling average concentration of SO 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 Each 12-hour rolling average concentration of reduced sulfur compounds measured by the continuous emission monitoring system during the initial performance test is less than or equal to 300 ppmv, calculated as ppmv SO 2 3. Option 2: TRS limit. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) 300 ppmv of TRS compounds expressed as an equivalent SO 2 If you use continuous parameter monitoring systems, the average concentration of TRS emissions measured using Method 15 during the initial performance test is less than or equal to 300 ppmv expressed as equivalent SO 2 2 [80 FR 75313, Dec. 1, 2015] Table 34 to Subpart UUU of Part 63—Continuous Compliance With HAP Emission Limits for Sulfur Recovery Units As stated in § 63.1568(c)(1), you shall meet each requirement in the following table that applies to you. For . . . For this emission limit . . . You shall demonstrate continuous compliance by . . . 1. Subject to NSPS. Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 LTD and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) of SO 2 Collecting the hourly average SO 2 2 2 2 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 Collecting the hourly average reduced sulfur (and air or O 2 2 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. 250 ppmv (dry basis) of SO 2 Collecting the hourly average SO 2 2 2 2 2 b. 300 ppmv of reduced sulfur compounds calculated as ppmv SO 2 Collecting the hourly average reduced sulfur (and air or O 2 2 3. Option 2: TRS limit. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) 300 ppmv of TRS compounds, expressed as an SO 2 2 i. If you use continuous parameter monitoring systems, collecting the hourly average TRS monitoring data according to § 63.1572 and maintaining each 12-hour average concentration of TRS at or below the applicable emission limitation; or ii. If you use a continuous emission monitoring system, collecting the hourly average TRS monitoring data according to § 63.1572, determining and recording each 12-hour rolling average concentration of TRS; maintaining each 12-hour rolling average concentration of TRS at or below the applicable emission limitation; and reporting any 12-hour rolling average TRS concentration greater than the applicable emission limitation in the semiannual compliance report required by § 63.1575. [80 FR 75315, Dec. 1, 2015] Table 35 to Subpart UUU of Part 63—Continuous Compliance With Operating Limits for HAP Emissions From Sulfur Recovery Units As stated in § 63.1568(c)(1), you shall meet each requirement in the following table that applies to you. For . . . For this operating limit . . . You shall demonstrate continuous compliance by . . . 1. Subject to NSPS. Each new or existing Claus sulfur recovery unit part of a sulfur recovery plant with design capacity greater than 20 LTD and subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Not applicable Meeting the requirements of Table 34 of this subpart. 2. Option 1: Elect NSPS. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) Not applicable Meeting the requirements of Table 34 of this subpart. 3. Option 2: TRS limit. Each new or existing sulfur recovery unit (Claus or other type, regardless of size) not subject to the NSPS for sulfur oxides in 40 CFR 60.104(a)(2) or 60.102a(f)(1) a. Maintain the daily average combustion zone temperature above the level established during the performance test Collecting the hourly and daily average temperature monitoring data according to § 63.1572; and maintaining the daily average combustion zone temperature at or above the limit established during the performance test b. The daily average oxygen concentration in the vent stream (percent, dry basis) must not fall below the level established during the performance test. Collecting the hourly and daily average O 2 2 4. Startup or shutdown option 1: Electing to comply with § 63.1568(a)(4)(ii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during periods of startup or shutdown Using a flare meeting the requirements in § 63.11(b) or § 63.670 On and after January 30, 2019, complying with the applicable requirements of § 63.670. Prior to January 30, 2019, complying with the applicable requirements of either § 63.11(b) or § 63.670. 5. Startup or shutdown option 2: Electing to comply with § 63.1568(a)(4)(iii). Each new or existing sulfur recovery unit (Claus or other type, regardless of size) during periods of startup or shutdown a. Minimum hourly average temperature of 1,200 degrees Fahrenheit Collecting continuous (at least once every 15 minutes) and hourly average temperature monitoring data according to § 63.1572; and maintaining the daily average firebox temperature at or above 1,200 degrees Fahrenheit. b. Minimum hourly average outlet oxygen concentration of 2 volume percent (dry basis) Collecting continuous (at least once every 15 minutes) and hourly average O 2 2 [80 FR 75316, Dec. 1, 2015] Table 36 to Subpart UUU of Part 63—Work Practice Standards for HAP Emissions From Bypass Lines As stated in § 63.1569(a)(1), you shall meet each work practice standard in the following table that applies to you. Option You shall meet one of these equipment standards . . . 1. Option 1 Install and operate a device (including a flow indicator, level recorder, or electronic valve position monitor) to demonstrate, either continuously or at least every hour, whether flow is present in the by bypass line. Install the device at or as near as practical to the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere. 2. Option 2 Install a car-seal or lock-and-key device placed on the mechanism by which the bypass device flow position is controlled (e.g., valve handle, damper level) when the bypass device is in the closed position such that the bypass line valve cannot be opened without breaking the seal or removing the device. 3. Option 3 Seal the bypass line by installing a solid blind between piping flanges. 4. Option 4 Vent the bypass line to a control device that meets the appropriate requirements in this subpart. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6964, Feb. 9, 2005] Table 37 to Subpart UUU of Part 63—Requirements for Performance Tests for Bypass Lines As stated in § 63.1569(b)(1), you shall meet each requirement in the following table that applies to you. For this standard . . . You shall . . . 1. Option 1: Install and operate a flow indicator, level recorder, or electronic valve position monitor. Record during the performance test for each type of control device whether the flow indicator, level recorder, or electronic valve position monitor was operating and whether flow was detected at any time during each hour of level the three runs comprising the performance test. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005] Table 38 to Subpart UUU of Part 63—Initial Compliance With Work Practice Standards for HAP Emissions From Bypass Lines As stated in § 63.1569(b)(2), you shall meet each requirement in the following table that applies to you. Option . . . For this work practice standard . . . You have demonstrated initial compliance if . . . 1. Each new or existing bypass line associated with a catalytic cracking unit, catalytic reforming unit, or sulfur recovery unit a. Option 1: Install and operate a device (including a flow indicator, level recorder, or electronic valve position monitor) to demonstrate, either continuously or at least every hour, whether flow is present in bypass line. Install the device at or as near as practical to the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere The installed equipment operates properly during each run of the performance test and no flow is present in the line during the test. b. Option 2: Install a car-seal or lock-and-key device placed on the mechanism by which the bypass device flow position is controlled (e.g., valve handle, damper level) when the bypass device is in the closed position such that the bypass line valve cannot be opened without breaking the seal or removing the device As part of the notification of compliance status, you certify that you installed the equipment, the equipment was operational by your compliance date, and you identify what equipment was installed. c. Option 3: Seal the bypass line by installing a solid blind between piping flanges See item 1.b of this table. d. Option 4: Vent the bypass line to a control device that meets the appropriate requirements in this subpart See item 1.b of this table. [70 FR 6965, Feb. 9, 2005] Table 39 to Subpart UUU of Part 63—Continuous Compliance With Work Practice Standards for HAP Emissions From Bypass Lines As stated in § 63.1569(c)(1), you shall meet each requirement in the following table that applies to you. If you elect this standard . . . You shall demonstrate continuous compliance by . . . 1. Option 1: Flow indicator, level recorder, or electronic valve position monitor. Monitoring and recording on a continuous basis or at least every hour whether flow is present in the bypass line; visually inspecting the device at least once every hour if the device is not equipped with a recording system that provides a continuous record; and recording whether the device is operating properly and whether flow is present in the bypass line. 2. Option 2: Car-seal or lock-and-key device Visually inspecting the seal or closure mechanism at least once every month; and recording whether the bypass line valve is maintained in the closed position and whether flow is present in the line. 3. Option 3: Solid blind flange Visually inspecting the blind at least once a month; and recording whether the blind is maintained in the correct position such that the vent stream cannot be diverted through the bypass line. 4. Option 4: Vent to control device Monitoring the control device according to appropriate subpart requirements. 5. Option 1, 2, 3, or 4 Recording and reporting the time and duration of any bypass. [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, 6965, Feb. 9, 2005] Table 40 to Subpart UUU of Part 63—Requirements for Installation, Operation, and Maintenance of Continuous Opacity Monitoring Systems and Continuous Emission Monitoring Systems As stated in § 63.1572(a)(1) and (b)(1), you shall meet each requirement in the following table that applies to you. This type of continuous opacity or emission monitoring system . . . Must meet these requirements . . . 1. Continuous opacity monitoring system Performance specification 1 (40 CFR part 60, appendix B). 2. PM CEMS; this monitor must include an O 2 The requirements in 40 CFR 60.105a(d). 3. CO continuous emission monitoring system Performance specification 4 (40 CFR part 60, appendix B); span value of 1,000 ppm; and procedure 1 (40 CFR part 60, appendix F) except relative accuracy test audits are required annually instead of quarterly. 4. CO continuous emission monitoring system used to demonstrate emissions average under 50 ppm (dry basis) Performance specification 4 (40 CFR part 60, appendix B); and span value of 100 ppm. 5. SO 2 2 Performance specification 2 (40 CFR part 60, appendix B); span value of 500 ppm SO 2 2 2 2 6. Reduced sulfur and O 2 2 Performance specification 5 (40 CFR part 60, appendix B), except calibration drift specification is 2.5 percent of the span value instead of 5 percent; span value is 450 ppm reduced sulfur, or if using Equation 1 of 40 CFR 60.102a(f)(1)(i), span value of two times the limit at the highest O 2 2 2 2 2 7. Instrument with an air or O 2 2 2 2 Performance specification 5 (40 CFR part 60, appendix B); span value of 375 ppm SO 2 2 2 8. TRS continuous emission monitoring system for sulfur recovery unit; this monitor must include an O 2 Performance specification 5 (40 CFR part 60, appendix B). 9. O 2 If necessary due to interferences, locate the oxygen sensor prior to the introduction of any outside gas stream; performance specification 3 (40 CFR part 60, appendix B; and procedure 1 (40 CFR part 60, appendix F), except relative accuracy test audits, are required annually instead of quarterly. [80 FR 75317, Dec. 1, 2015] Table 41 to Subpart UUU of Part 63—Requirements for Installation, Operation, and Maintenance of Continuous Parameter Monitoring Systems As stated in § 63.1572(c)(1), you shall meet each requirement in the following table that applies to you. If you use . . . You shall . . . 1. pH strips Use pH strips with an accuracy of ±10 percent. 2. pH meter Locate the pH sensor in a position that provides a representative measurement of pH; ensure the sample is properly mixed and representative of the fluid to be measured. Use a pH sensor with an accuracy of at least ±0.2 pH units. Check the pH meter's calibration on at least one point at least once daily; check the pH meter's calibration on at least two points at least once quarterly; at least monthly, inspect all components for integrity and all electrical components for continuity; record the results of each calibration check and inspection. 3. Colormetric tube sampling system Use a colormetric tube sampling system with a printed numerical scale in ppmv, a standard measurement range of 1 to 10 ppmv (or 1 to 30 ppmv if applicable), and a standard deviation for measured values of no more than ±15 percent. System must include a gas detection pump and hot air probe if needed for the measurement range. 4. CO 2 2 a. Locate the concentration sensor so that it provides a representative measurement of the content of the exit gas stream; ensure the sample is properly mixed and representative of the gas to be measured. Use a sensor with an accuracy of at least ±1 percent of the range of the sensor or to a nominal gas concentration of ±0.5 percent, whichever is greater. Use a monitor that is able to measure concentration on a dry basis or is able to correct for moisture content and record on a dry basis. Conduct calibration checks at least annually; conduct calibration checks following any period of more than 24 hours throughout which the sensor reading exceeds the manufacturer's specified maximum operating range or install a new sensor; at least quarterly, inspect all components for integrity and all electrical connections for continuity; record the results of each calibration and inspection. b. As an alternative, the requirements in 40 CFR 60.105a(b)(2) may be used. 5. BLD Follow the requirements in 40 CFR 60.105a(c). 6. Voltage, secondary current, or total power input sensors Use meters with an accuracy of at least ±5 percent over the operating range. Each time that the unit is not operating, confirm that the meters read zero. Conduct a calibration check at least annually; conduct calibration checks following any period of more than 24 hours throughout which the meter reading exceeds the manufacturer's specified maximum operating range; at least monthly, inspect all components of the continuous parameter monitoring system for integrity and all electrical connections for continuity; record the results of each calibration check and inspection. 7. Pressure/Pressure drop 1 Locate the pressure sensor(s) in a position that provides a representative measurement of the pressure and minimizes or eliminates pulsating pressure, vibration, and internal and external corrosion. Use a gauge with an accuracy of at least ±5 percent over the normal operating range or 0.12 kilopascals (0.5 inches of water column), whichever is greater. Review pressure sensor readings at least once a week for straightline (unchanging) pressure and perform corrective action to ensure proper pressure sensor operation if blockage is indicated; using an instrument recommended by the sensor's manufacturer, check gauge calibration and transducer calibration annually; conduct calibration checks following any period of more than 24 hours throughout which the pressure exceeded the manufacturer's specified maximum rated pressure or install a new pressure sensor; at least quarterly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage, unless the CPMS has a redundant pressure sensor; record the results of each calibration check and inspection. 8. Air flow rate, gas flow rate, or total water (or scrubbing liquid) flow rate sensors Locate the flow sensor(s) and other necessary equipment (such as straightening vanes) in a position that provides representative flow; reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. If you elect to comply with Option 3 (Ni lb/hr) or Option 4 (Ni lb/1,000 lb of coke burn-off) for the HAP metal emission limitations in § 63.1564, install the continuous parameter monitoring system for gas flow rate as close as practical to the continuous opacity monitoring system; and if you don't use a continuous opacity monitoring system, install the continuous parameter monitoring system for gas flow rate as close as practical to the control device. Use a flow rate sensor with an accuracy of at least ±5 percent over the normal range of flow measured, or 1.9 liter per minute (0.5 gallons per minute), whichever is greater, for liquid flow. Use a flow rate sensor with an accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater, for gas flow. Conduct a flow sensor calibration check at least biennially (every two years); conduct a calibration check following any period of more than 24 hours throughout which the flow rate exceeded the manufacturer's specified maximum rated flow rate or install a new flow sensor; at least quarterly, inspect all components for leakage, unless the CPMS has a redundant flow sensor; record the results of each calibration check and inspection. 9. Temperature sensors Locate the temperature sensor in the combustion zone, or in the ductwork immediately downstream of the combustion zone before any substantial heat exchange occurs or in the ductwork immediately downstream of the regenerator; locate the temperature sensor in a position that provides a representative temperature; shield the temperature sensor system from electromagnetic interference and chemical contaminants. Use a temperature sensor with an accuracy of at least ±1 percent over the normal range of temperature measured, expressed in degrees Celsius (C), or 2.8 degrees C, whichever is greater. Conduct calibration checks at least annually; conduct calibration checks following any period of more than 24 hours throughout which the temperature exceeded the manufacturer's specified maximum rated temperature or install a new temperature sensor; at least quarterly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion, unless the CPMS has a redundant temperature sensor; record the results of each calibration check and inspection. 10. Oxygen content sensors 2 Locate the oxygen sensor so that it provides a representative measurement of the oxygen content of the exit gas stream; ensure the sample is properly mixed and representative of the gas to be measured. Use an oxygen sensor with an accuracy of at least ±1 percent of the range of the sensor or to a nominal gas concentration of ±0.5 percent, whichever is greater. Conduct calibration checks at least annually; conduct calibration checks following any period of more than 24 hours throughout which the sensor reading exceeds the manufacturer's specified maximum operating range or install a new oxygen sensor; at least quarterly, inspect all components for integrity and all electrical connections for continuity; record the results of each calibration and inspection. 1 2 [80 FR 75318, Dec. 1, 2015] Table 42 to Subpart UUU of Part 63—Additional Information for Initial Notification of Compliance Status As stated in § 63.1574(d), you shall meet each requirement in the following table that applies to you. For . . . You shall provide this additional information . . . 1. Identification of affected sources and emission points. Nature, size, design, method of operation, operating design capacity of each affected source; identify each emission point for each HAP; identify any affected source or vent associated with an affected source not subject to the requirements of subpart UUU. 2. Initial compliance Identification of each emission limitation you will meet for each affected source, including any option you select (i.e., NSPS, PM or Ni, flare, percent reduction, concentration, options for bypass lines); if applicable, certification that you have already conducted a performance test to demonstrate initial compliance with the NSPS for an affected source; certification that the vents meet the applicable emission limit and the continuous opacity or that the emission monitoring system meets the applicable performance specification; if applicable, certification that you have installed and verified the operational status of equipment by your compliance date for each bypass line that meets the requirements of Option 2, 3, or 4 in § 63.1569 and what equipment you installed; identification of the operating limit for each affected source, including supporting documentation; if your affected source is subject to the NSPS, certification of compliance with NSPS emission limitations and performance specifications; a brief description of performance test conditions (capacity, feed quality, catalyst, etc.); an engineering assessment (if applicable); and if applicable, the flare design (e.g., steam-assisted, air-assisted, or non-assisted), all visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the Method 22 test. 3. Continuous compliance Each monitoring option you elect; and identification of any unit or vent for which monitoring is not required; and the definition of “operating day.” (This definition, subject to approval by the applicable permitting authority, must specify the times at which a 24-hr operating day begins and ends.) [67 FR 17773, Apr. 11, 2002, as amended at 70 FR 6942, Feb. 9, 2005] Table 43 to Subpart UUU of Part 63—Requirements for Reports As stated in § 63.1575(a), you shall meet each requirement in the following table that applies to you. You must submit . . . The report must contain . . . You shall submit the report . . . 1. A compliance report If there are no deviations from any emission limitation or work practice standard that applies to you, a statement that there were no deviations from the standards during the reporting period and that no continuous opacity monitoring system or continuous emission monitoring system was inoperative, inactive, out-of-control, repaired, or adjusted; if you have a deviation from any emission limitation or work practice standard during the reporting period, the report must contain the information in § 63.1575(c) through (e) Semiannually according to the requirements in § 63.1575(b). 2. Performance test and CEMS performance evaluation data On and after February 1, 2016, the information specified in § 63.1575(k)(1) Semiannually according to the requirements in § 63.1575(b) and (f). [80 FR 75319, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018] Table 44 to Subpart UUU of Part 63—Applicability of NESHAP General Provisions to Subpart UUU As stated in § 63.1577, you shall meet each requirement in the following table that applies to you. Citation Subject Applies to subpart UUU Explanation § 63.1(a)(1)-(4) General Applicability Yes § 63.1(a)(5) [Reserved] Not applicable § 63.1(a)(6) Yes Except the correct mail drop (MD) number is C404-04. § 63.1(a)(7)-(9) [Reserved] Not applicable § 63.1(a)(10)-(12) Yes Except that this subpart specifies calendar or operating day. § 63.1(b)(1) Initial Applicability Determination for this part Yes § 63.1(b)(2) [Reserved] Not applicable § 63.1(b)(3) Yes § 63.1(c)(1) Applicability of this part after a Relevant Standard has been set under this part Yes § 63.1(c)(2) No Area sources are not subject to this subpart. § 63.1(c)(3)-(4) [Reserved] Not applicable § 63.1(c)(5) Yes § 63.1(c)(6) Reclassification Yes § 63.1(d) [Reserved] Not applicable § 63.1(e) Applicability of Permit Program Yes § 63.2 Definitions Yes § 63.1579 specifies that if the same term is defined in subparts A and UUU of this part, it shall have the meaning given in this subpart. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(a)(3)-(5) [Reserved] Not applicable § 63.4(b)-(c) Circumvention and Fragmentation Yes § 63.5(a) Construction and Reconstruction Yes § 63.5(b)(1) Yes § 63.5(b)(2) [Reserved] Not applicable § 63.5(b)(3)-(4) Yes In § 63.5(b)(4), replace the reference to § 63.9(b) with § 63.9(b)(4) and (5). § 63.5(b)(5) [Reserved] Not applicable § 63.5(b)(6) Yes § 63.5(c) [Reserved] Not applicable § 63.5(d)(1)(i) Application for Approval of Construction or Reconstruction—General Application Requirements Yes Except this subpart specifies the application is submitted as soon as practicable before startup but not later than 90 days after the promulgation date if construction or reconstruction had commenced and initial startup had not occurred before promulgation. § 63.5(d)(1)(ii) Yes Except that emission estimates specified in § 63.5(d)(1)(ii)(H) are not required, and § 63.5(d)(1)(ii)(G) and (I) are Reserved and do not apply. § 63.5(d)(1)(iii) No This subpart specifies submission of notification of compliance status. § 63.5(d)(2) Yes § 63.5(d)(3) Yes § 63.5(d)(4) Yes § 63.5(e) Approval of Construction or Reconstruction Yes § 63.5(f)(1) Approval of Construction or Reconstruction Based on State Review Yes § 63.5(f)(2) Yes Except that the cross-reference to § 63.9(b)(2) does not apply. § 63.6(a) Compliance with Standards and Maintenance—Applicability Yes § 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed Sources Yes § 63.6(b)(5) Yes Except that this subpart specifies different compliance dates for sources. § 63.6(b)(6) [Reserved] Not applicable § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Yes § 63.6(c)(1)-(2) Compliance Dates for Existing Sources Yes Except that this subpart specifies different compliance dates for sources subject to Tier II gasoline sulfur control requirements. § 63.6(c)(3)-(4) [Reserved] Not applicable § 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Yes § 63.6(d) [Reserved] Not applicable § 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.1570(c) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions as Soon as Possible No § 63.6(e)(1)(iii) Compliance with Standards and Maintenance Requirements Yes § 63.6(e)(2) [Reserved] Not Applicable § 63.6(e)(3)(i) Startup, Shutdown, and Malfunction Plan Requirements No § 63.6(e)(3)(ii) [Reserved] Not applicable § 63.6(e)(3)(iii)-(ix) No § 63.6(f)(1) SSM Exemption No § 63.6(f)(2)(i)-(iii)(C) Compliance with Standards and Maintenance Requirements Yes § 63.6(f)(2)(iii)(D) Yes § 63.6(f)(2)(iv)-(v) Yes § 63.6(f)(3) Yes Except the cross-references to § 63.6(f)(1) and (e)(1)(i) are changed to § 63.1570(c) and this subpart specifies how and when the performance test results are reported. § 63.6(g) Alternative Standard Yes § 63.6(h)(1) SSM Exemption for Opacity/VE Standards No § 63.6(h)(2)(i) Determining Compliance with Opacity/VE Standards No This subpart specifies methods. § 63.6(h)(2)(ii) [Reserved] Not applicable § 63.6(h)(2)(iii) Yes § 63.6(h)(3) [Reserved] Not applicable § 63.6(h)(4) Notification of Opacity/VE Observation Date Yes Applies to Method 22 (40 CFR part 60, appendix A-7) tests. § 63.6(h)(5) Conducting Opacity/VE Observations No § 63.6(h)(6) Records of Conditions During Opacity/VE Observations Yes Applies to Method 22 (40 CFR part 60, appendix A-7) observations. § 63.6(h)(7)(i) Report COM Monitoring Data from Performance Test Yes Except this subpart specifies how and when the performance test results are reported. § 63.6(h)(7)(ii) Using COM Instead of Method 9 No § 63.6(h)(7)(iii) Averaging Time for COM during Performance Test Yes § 63.6(h)(7)(iv) COM Requirements Yes § 63.6(h)(7)(v) COMS Results and Visual Observations Yes § 63.6(h)(8) Determining Compliance with Opacity/VE Standards Yes Except this subpart specifies how and when the performance test results are reported. § 63.6(h)(9) Adjusted Opacity Standard Yes § 63.6(i)(1)-(14) Extension of Compliance Yes Extension of compliance under § 63.6(i)(4) not applicable to a facility that installs catalytic cracking feed hydrotreating and receives an extended compliance date under § 63.1563(c). § 63.6(i)(15) [Reserved] Not applicable § 63.6(i)(16) Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements Applicability Yes Except that this subpart specifies the applicable test and demonstration procedures. § 63.7(a)(2) Performance Test Dates Yes Except this subpart specifies that the results of initial performance tests must be submitted within 150 days after the compliance date. § 63.7(a)(3) Section 114 Authority Yes § 63.7(a)(4) Force Majeure Yes § 63.7(b) Notifications Yes Except that this subpart specifies notification at least 30 days prior to the scheduled test date rather than 60 days. § 63.7(c) Quality Assurance Program/Site-Specific Test Plan Yes Except that when this subpart specifies to use 40 CFR part 60, appendix F, out of control periods are to be defined as specified in part 60, appendix F. § 63.7(d) Performance Test Facilities Yes § 63.7(e)(1) Performance Testing No See § 63.1571(b)(1). § 63.7(e)(2)-(4) Conduct of Tests Yes § 63.7(f) Alternative Test Method Yes § 63.7(g) Data Analysis, Recordkeeping, Reporting Yes Except this subpart specifies how and when the performance test or performance evaluation results are reported and § 63.7(g)(2) is reserved and does not apply. § 63.7(h) Waiver of Tests Yes § 63.8(a)(1) Monitoring Requirements-Applicability Yes § 63.8(a)(2) Performance Specifications Yes § 63.8(a)(3) [Reserved] Not applicable § 63.8(a)(4) Monitoring with Flares Yes Except that for a flare complying with § 63.670, the cross-reference to § 63.11 in this paragraph does not include § 63.11(b). § 63.8(b)(1) Conduct of Monitoring Yes § 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Yes This subpart specifies the required monitoring locations. § 63.8(c)(1) Monitoring System Operation and Maintenance Yes § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No See § 63.1570(c). § 63.8(c)(1)(ii) Keep Necessary Parts for CMS Yes § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No § 63.8(c)(2)-(3) Monitoring System Installation Yes Except that this subpart specifies that for continuous parameter monitoring systems, operational status verification includes completion of manufacturer written specifications or installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment will monitor accurately. § 63.8(c)(4) Continuous Monitoring System Requirements Yes § 63.8(c)(5) COMS Minimum Procedures Yes § 63.8(c)(6) CMS Requirements Yes § 63.8(c)(7)-(8) CMS Requirements Yes § 63.8(d)(1)-(2) Quality Control Program for CMS Yes § 63.8(d)(3) Written Procedures for CMS No § 63.8(e) CMS Performance Evaluation Yes Except this subpart specifies how and when the performance evaluation results are reported. § 63.8(f)(1)-(5) Alternative Monitoring Methods Yes Except that this subpart specifies procedures for requesting alternative monitoring systems and alternative parameters. § 63.8(f)(6) Alternative to Relative Accuracy Test Yes Applicable to continuous emission monitoring systems if performance specification requires a relative accuracy test audit. § 63.8(g)(1)-(4) Reduction of Monitoring Data Yes Applies to continuous opacity monitoring system or continuous emission monitoring system. § 63.8(g)(5) Data Reduction No This subpart specifies requirements. § 63.9(a) Notification Requirements—Applicability Yes Duplicate Notification of Compliance Status report to the Regional Administrator may be required. § 63.9(b)(1)-(2) Initial Notifications Yes Except that notification of construction or reconstruction is to be submitted as soon as practicable before startup but no later than 30 days after the effective date if construction or reconstruction had commenced but startup had not occurred before the effective date. § 63.9(b)(3) [Reserved] Not applicable § 63.9(b)(4)-(5) Initial Notification Information Yes Except § 63.9(b)(4)(ii)-(iv), which are reserved and do not apply. § 63.9(c) Request for Extension of Compliance Yes § 63.9(d) New Source Notification for Special Compliance Requirements Yes § 63.9(e) Notification of Performance Test Yes Except that notification is required at least 30 days before test. § 63.9(f) Notification of VE/Opacity Test Yes § 63.9(g) Additional Notification Requirements for Sources with Continuous Monitoring Systems Yes § 63.9(h) Notification of Compliance Status Yes Except that this subpart specifies the notification is due no later than 150 days after compliance date, and except that the reference to § 63.5(d)(1)(ii)(H) in § 63.9(h)(5) does not apply. § 63.9(i) Adjustment of Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). 63.10(a) Recordkeeping and Reporting Applicability Yes § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No § 63.10(b)(2)(ii) Recordkeeping of Malfunctions No See § 63.1576(a)(2) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the volume of each regulated pollutant emitted over the standard; and (3) actions taken to minimize emissions and correct the failure. § 63.10(b)(2)(iii) Maintenance Records Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM No § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes § 63.10(b)(3) Recordkeeping for Applicability Determinations. Yes § 63.10(c)(1)-(6) Additional Records for Continuous Monitoring Systems Yes Except § 63.10(c)(2)-(4), which are Reserved and do not apply. § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for CMS—Identifying Exceedances and Excess Emissions Yes § 63.10(c)(9) [Reserved] Not applicable § 63.10(c)(10) Recording Nature and Cause of Malfunctions No See § 63.1576(a)(2) for malfunctions recordkeeping requirements. § 63.10(c)(11) Recording Corrective Actions No See § 63.1576(a)(2) for malfunctions recordkeeping requirements. § 63.10(c)(12)-(14) Additional CMS Recordkeeping Requirements Yes § 63.10(c)(15) Use of SSM Plan No § 63.10(d)(1) General Reporting Requirements Yes § 63.10(d)(2) Performance Test Results No This subpart specifies how and when the performance test results are reported. § 63.10(d)(3) Opacity or VE Observations Yes § 63.10(d)(4) Progress Reports Yes § 63.10(d)(5) SSM Reports No See § 63.1575(d) for CPMS malfunction reporting and § 63.1575(e) for COMS and CEMS malfunction reporting. § 63.10(e)(1)-(2) Additional CMS Reports Yes Except this subpart specifies how and when the performance evaluation results are reported. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No This subpart specifies the applicable requirements. § 63.10(e)(4) COMS Data Reports Yes Except this subpart specifies how and when the performance test results are reported. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11(a) Control Device and Work Practice Requirements Applicability Yes § 63.11(b) Flares Yes Except that flares complying with § 63.670 are not subject to the requirements of § 63.11(b). § 63.11(c)-(e) Alternative Work Practice for Monitoring Equipment for Leaks Yes § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Availability of Information and Confidentiality Yes § 63.16 Performance Track Provisions Yes [80 FR 75320, Dec. 1, 2015, as amended at 83 FR 60727, Nov. 26, 2018; 85 FR 73901, Nov. 19, 2020] Appendix A to Subpart UUU of Part 63—Determination of Metal Concentration on Catalyst Particles (Instrumental Analyzer Procedure) 1.0 Scope and Application. 1.1 Analytes. The analytes for which this method is applicable include any elements with an atomic number between 11 (sodium) and 92 (uranium), inclusive. Specific analytes for which this method was developed include: Analyte CAS No. Minimum detectable limit Nickel compounds 7440-02-0 <2 % of span. Total chlorides 16887-00-6 <2 % of span. 1.2 Applicability. This method is applicable to the determination of analyte concentrations on catalyst particles. This method is applicable for catalyst particles obtained from the fluid catalytic cracking unit (FCCU) regenerator ( i.e. 1.3 Data Quality Objectives. Adherence to the requirements of this method will enhance the quality of the data obtained from the analytical method. 2.0 Summary of Method. 2.1 A representative sample of catalyst particles is collected, prepared, and analyzed for analyte concentration using either energy or wavelength dispersive X-ray fluorescent (XRF) spectrometry instrumental analyzers. In both types of XRF spectrometers, the instrument irradiates the sample with high energy (primary) x-rays and the elements in the sample absorb the x-rays and then re-emit secondary (fluorescent) x-rays of characteristic wavelengths for each element present. In energy dispersive XRF spectrometers, all secondary x-rays (of all wavelengths) enter the detector at once. The detector registers an electric current having a height proportional to the photon energy, and these pulses are then separated electronically, using a pulse analyzer. In wavelength dispersive XRF spectrometers, the secondary x-rays are dispersed spatially by crystal diffraction on the basis of wavelength. The crystal and detector are made to synchronously rotate and the detector then receives only one wavelength at a time. The intensity of the x-rays emitted by each element is proportional to its concentration, after correcting for matrix effects. For nickel compounds and total chlorides, the XRF instrument response is expected to be linear to analyte concentration. Performance specifications and test procedures are provided to ensure reliable data. 3.0 Definitions. 3.1 Measurement System. The total equipment required for the determination of analyte concentration. The measurement system consists of the following major subsystems: 3.1.1 Sample Preparation. That portion of a system used for one or more of the following: sample acquisition, sample transport, sample conditioning, or sample preparation prior to introducing the sample into the analyzer. 3.1.2 Analyzer. That portion of the system that senses the analyte to be measured and generates an output proportional to its concentration. 3.1.3 Data Recorder. A digital recorder or personal computer used for recording measurement data from the analyzer output. 3.2 Span. The upper limit of the gas concentration measurement range displayed on the data recorder. 3.3 Calibration Standards. Prepared catalyst samples or other samples of known analyte concentrations used to calibrate the analyzer and to assess calibration drift. 3.4 Energy Calibration Standard. Calibration standard, generally provided by the XRF instrument manufacturer, used for assuring accuracy of the energy scale. 3.5 Accuracy Assessment Standard. Prepared catalyst sample or other sample of known analyte concentrations used to assess analyzer accuracy error. 3.6 Zero Drift. The difference in the measurement system output reading from the initial value for zero concentration level calibration standard after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place. 3.7 Calibration Drift. The difference in the measurement system output reading from the initial value for the mid-range calibration standard after a stated period of operation during which no unscheduled maintenance, repair, or adjustment took place. 3.8 Spectral Interferences. Analytical interferences and excessive biases caused by elemental peak overlap, escape peak, and sum peak interferences between elements in the samples. 3.9 Calibration Curve. A graph or other systematic method of establishing the relationship between the analyzer response and the actual analyte concentration introduced to the analyzer. 3.10 Analyzer Accuracy Error. The difference in the measurement system output reading and the ideal value for the accuracy assessment standard. 4.0 Interferences. 4.1 Spectral interferences with analyte line intensity determination are accounted for within the method program. No action is required by the XRF operator once these interferences have been addressed within the method. 4.2 The X-ray production efficiency is affected by particle size for the very lightest elements. However, particulate matter (PM) 2.5 particle size effects are substantially <1 percent for most elements. The calibration standards should be prepared with material of similar particle size or be processed (ground) to produce material of similar particle size as the catalyst samples to be analyzed. No additional correction for particle size is performed. Alternatively, the sample can be fused in order to eliminate any potential particle size effects. 5.0 Safety. 5.1 Disclaimer. This method may involve hazardous materials, operations, and equipment. This test method may not address all of the safety problems associated with its use. It is the responsibility of the user of this test method to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to performing this test method. 5.2 X-ray Exposure. The XRF uses X-rays; XRF operators should follow instrument manufacturer's guidelines to protect from accidental exposure to X-rays when the instrument is in operation. 5.3 Beryllium Window. In most XRF units, a beryllium (Be) window is present to separate the sample chamber from the X-ray tube and detector. The window is very fragile and brittle. Do not allow sample or debris to fall onto the window, and avoid using compressed air to clean the window because it will cause the window to rupture. If the window should rupture, note that Be metal is poisonous. Use extreme caution when collecting pieces of Be and consult the instrument manufacturer for advice on cleanup of the broken window and replacement. 6.0 Equipment and Supplies. 6.1 Measurement System. Use any measurement system that meets the specifications of this method listed in section 13. The typical components of the measurement system are described below. 6.1.1 Sample Mixer/Mill. Stainless steel, or equivalent to grind/mix catalyst and binders, if used, to produce uniform particle samples. 6.1.2 Sample Press/Fluxer. Stainless steel, or equivalent to produce pellets of sufficient size to fill analyzer sample window, or alternatively, a fusion device capable of preparing a fused disk of sufficient size to fill analyzer sample window. 6.1.3 Analytical Balance. ±0.0001 gram accuracy for weighing prepared samples (pellets). 6.1.4 Analyzer. An XRF spectrometer to determine the analyte concentration in the prepared sample. The analyzer must meet the applicable performance specifications in section 13. 6.1.5 Data Recorder. A digital recorder or personal computer for recording measurement data. The data recorder resolution ( i.e. 7.0 Reagents and Standards. 7.1 Calibration Standards. The calibration standards for the analyzer must be prepared catalyst samples or other material of similar particle size and matrix as the catalyst samples to be tested that have known concentrations of the analytes of interest. Preparation (grinding/milling/fusion) of the calibration standards should follow the same processes used to prepare the catalyst samples to be tested. The calibration standards values must be established as the average of a minimum of three analyses using an approved EPA or ASTM method with instrument analyzer calibrations traceable to the U.S. National Institute of Standards and Technology (NIST), if available. The maximum percent deviation of the triplicate calibration standard analyses should agree within 10 percent of the average value for the triplicate analysis (see Figure 1). If the calibration analyses do not meet this criteria, the calibration standards must be re-analyzed. If unacceptable variability persists, new calibration standards must be prepared. Approved methods for the calibration standard analyses include, but are not limited to, EPA Methods 6010B, 6020, 7520, or 7521 of SW-846. 1 7.1.1 High-Range Calibration Standard. Concentration equivalent to 80 to 100 percent of the span. The concentration of the high-range calibration standard should exceed the maximum concentration anticipated in the catalyst samples. 7.1.2 Mid-Range Calibration Standard. Concentration equivalent to 40 to 60 percent of the span. 7.1.3 Low-Range Calibration Standard. Concentration equivalent to 1 to 20 percent of the span. The concentration of the low-range calibration standard should be selected so that it is less than either one-fourth of the applicable concentration limit or of the lowest concentration anticipated in the catalyst samples. 7.1.4 Zero Calibration Standard. Concentration of less than 0.25 percent of the span. 7.2 Accuracy Assessment Standard. Prepare an accuracy assessment standard and determine the ideal value for the accuracy assessment standard following the same procedures used to prepare and analyze the calibration standards as described in section 7.1. The maximum percent deviation of the triplicate accuracy assessment standard analyses should agree within 10 percent of the average value for the triplicate analysis (see Figure 1). The concentration equivalent of the accuracy assessment standard must be between 20 and 80 percent of the span. 7.3 Energy Calibration Standard. Generally, the energy calibration standard will be provided by the XRF instrument manufacturer for energy dispersive spectrometers. Energy calibration is performed using the manufacturer's recommended calibration standard and involves measurement of a specific energy line (based on the metal in the energy calibration standard). This is generally an automated procedure used to assure the accuracy of the energy scale. This calibration standard may not be applicable to all models of XRF spectrometers (particularly wavelength dispersive XRF spectrometers). 8.0 Sample Collection, Preservation, Transport, and Storage. [Reserved] 9.0 Quality Control. 9.1 Energy Calibration. For energy dispersive spectrometers, conduct the energy calibration by analyzing the energy calibration standard provided by the manufacturer. The energy calibration involves measurement of a specific energy line (based on the metal in the energy calibration standard) and then determination of the difference between the measured peak energy value and the ideal value. This analysis, if applicable, should be performed daily prior to any sample analyses to check the instrument's energy scale. This is generally an automated procedure and assures the accuracy of the energy scale. If the energy scale calibration process is not automated, follow the manufacturer's procedures to manually adjust the instrument, as necessary. 9.2 Zero Drift Test. Conduct the zero drift test by analyzing the analyte concentration output by the measurement system with the initial calibration value for the zero calibration standard (see Figure 2). This analysis should be performed with each set of samples analyzed. 9.3 Calibration Drift Test. Conduct the calibration drift test by analyzing the analyte concentration output by the measurement system with the initial calibration value for the mid-range calibration standard (see Figure 2). This analysis should be performed with each set of samples analyzed. 9.4 Analyzer Accuracy Test. Conduct the analyzer accuracy test by analyzing the accuracy assessment standard and comparing the value output by the measurement system with the ideal value for the accuracy assessment standard (see Figure 2). This analysis should be performed with each set of samples analyzed. 10.0 Calibration and Standardization. 10.1 Perform the initial calibration and set-up following the instrument manufacturer's instructions. These procedures should include, at a minimum, the major steps listed in sections 10.2 and 10.3. Subsequent calibrations are to be performed when either a quality assurance/quality control (QA/QC) limit listed in section 13 is exceeded or when there is a change in the excitation conditions, such as a change in the tube, detector, X-ray filters, or signal processor. Calibrations are typically valid for 6 months to 1 year. 10.2 Instrument Calibration. Calibration is performed initially with calibration standards of similar matrix and binders, if used, as the samples to be analyzed (see Figure 1). 10.3 Reference Peak Spectra. Acquisition of reference spectra is required only during the initial calibration. As long as no processing methods have changed, these peak shape references remain valid. This procedure consists of placing the standards in the instrument and acquiring individual elemental spectra that are stored in the method file with each of the analytical conditions. These reference spectra are used in the standard deconvolution of the unknown spectra. 11.0 Analytical Procedure. 11.1 Sample Preparation. Prepare catalyst samples using the same procedure used to prepare the calibration standards. Measure and record the weight of sample used. Measure and record the amount of binder, if any, used. Pellets or films must be of sufficient size to cover the analyzer sample window. 11.2 Sample Analyses. Place the prepared catalyst samples into the analyzer. Follow the manufacturer's instructions for analyzing the samples. 11.3 Record and Store Data. Use a digital recorder or personal computer to record and store results for each sample. Record any mechanical or software problems encountered during the analysis. 12.0 Data Analysis and Calculations. Carry out the following calculations, retaining at least one extra significant figure beyond that of the acquired data. Round off figures after final calculation. 12.1 Drift. Calculate the zero and calibration drift for the tests described in sections 9.2 and 9.3 (see also Figure 2) as follows: Where: CurrentAnalyzerCal.Response = Instrument response for current QC sample analyses; InitialCal.Response = Initial instrument response for calibration standard; QC Value = QC metric (zero drift or calibration drift), percent of span; Span = Span of the monitoring system. 12.2 Analyzer Accuracy. Calculate the analyzer accuracy error for the tests described in section 9.4 (see also Figure 2) as follows: Where: Accuracy Value = Percent difference of instrument response to the ideal response for the accuracy assessment standard; CurrentAnalyzerCal.Response = Instrument response for current QC sample analyses; IdealCal.Response = Ideal instrument response for the accuracy assessment standard. 13.0 Method Performance. 13.1 Analytical Range. The analytical range is determined by the instrument design. For this method, a portion of the analytical range is selected by choosing the span of the monitoring system. The span of the monitoring system must be selected such that it encompasses the range of concentrations anticipated to occur in the catalyst sample. If applicable, the span must be selected such that the analyte concentration equivalent to the emission standard is not less than 30 percent of the span. If the measured analyte concentration exceeds the concentration of the high-range calibration standard, the sample analysis is considered invalid. Additionally, if the measured analyte concentration is less than the concentration of the low-range calibration standard but above the detectable limit, the sample analysis results must be flagged with a footnote stating, in effect, that the analyte was detected but that the reported concentration is below the lower quantitation limit. 13.2 Minimum Detectable Limit. The minimum detectable limit depends on the signal-to-noise ratio of the measurement system. For a well-designed system, the minimum detectable limit should be less than 2 percent of the span. 13.3 Zero Drift. Less than ±2 percent of the span. 13.4 Calibration Drift. Less than ±5 percent of the span. 13.5 Analyzer Accuracy Error. Less than ±10 percent. 14.0 Pollution Prevention. [Reserved] 15.0 Waste Management. [Reserved] 16.0 Alternative Procedures. [Reserved] 17.0 References. 1. U.S. Environmental Protection Agency. 1998. Test Methods for Evaluating Solid Waste, Physical/Chemical Methods. EPA Publication No. SW-846, Revision 5 (April 1998). Office of Solid Waste, Washington, DC. 18.0 Tables, Diagrams, Flowcharts, and Validation Data. Date: Analytic Method Used: Zero a Low-Range b Mid-Range c High-Range d Accuracy Std e Sample Run: 1 2 3 Average Maximum Percent Deviation a b c d e Figure 1. Data Recording Sheet for Analysis of Calibration Samples. Source Identification: Run Number: Test Personnel: Span: Date: Initial calibration response Current analyzer calibration response Drift (percent of span) Zero Standard Mid-range Standard Ideal calibration response Current analyzer calibration response Accuracy error (percent of ideal) Accuracy Standard Figure 2. Data Recording Sheet for System Calibration Drift Data. [70 FR 6970, Feb. 9, 2005, as amended at 80 FR 75325, Dec. 1, 2015] Subpart VVV—National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works Source: 82 FR 49525, Oct. 26, 2017, unless otherwise noted. Applicability § 63.1580 Am I subject to this subpart? (a) You are subject to this subpart if the following are all true: (1) You own or operate a publicly owned treatment works (POTW) that includes an affected source (§ 63.1595); (2) The affected source is located at a Group 2 POTW which is a major source of HAP emissions, or at any Group 1 POTW regardless of whether or not it is a major source of HAP; and (3) Your POTW is required to develop and implement a pretreatment program as defined by 40 CFR 403.8, or your POTW meets the general criteria for development and implementation of a pretreatment program. (b) If your existing POTW treatment plant is not located at a major source as of October 26, 1999, but thereafter becomes a major source for any reason other than reconstruction, then, for the purpose of this subpart, your POTW treatment plant would be considered an existing source. Note to paragraph ( b See § 63.2 of the National Emission Standards for Hazardous Air Pollutants (NESHAP) General Provisions in subpart A of this part for the definitions of major source and area source. (c) If you commence construction or reconstruction of your POTW treatment plant after December 1, 1998, then the requirements for a new POTW apply. § 63.1581 Does the subpart distinguish between different types of POTW treatment plants? Yes, POTW treatment plants are divided into two subcategories: Group 1 POTW treatment plants and Group 2 POTW treatment plants, as described in paragraphs (a) through (c) of this section. (a) Your POTW is a Group 1 POTW treatment plant if an industrial user complies with its NESHAP by using the treatment and controls located at your POTW treatment plant. Your POTW treatment plant accepts the regulated waste stream and provides treatment and controls as an agent for the industrial user. Group 1 POTW treatment plant is defined in § 63.1595. (b) Your POTW is a Group 2 POTW treatment plant if your POTW treats wastewater that is not subject to control by another NESHAP or the industrial user does not comply with its NESHAP by using the treatment and controls located at your POTW treatment plant. “Group 2 POTW treatment plant” is defined in § 63.1595. (c) If, in the future, an industrial user complies with its NESHAP by using the treatment and controls located at your POTW treatment plant, then your Group 2 POTW treatment plant becomes a Group 1 POTW treatment plant on the date your POTW begins treating that regulated industrial wastewater stream. Requirements for Group 1 POTW Treatment Plants § 63.1582 [Reserved] § 63.1583 What are the emission points and control requirements for a Group 1 POTW treatment plant? (a) The emission points and control requirements for an existing Group 1 POTW treatment plant are specified in the appropriate NESHAP for the industrial user(s). (b) The emission points and control requirements for a new Group 1 POTW treatment plant are both those specified by the appropriate NESHAP which apply to the industrial user(s) who discharge their waste for treatment to the POTW, and those emission points and control requirements set forth in § 63.1586(b) or (c), as applicable. (c) If your existing or new Group 1 POTW treatment plant accepts one or more specific regulated industrial waste streams as part of compliance with one or more other NESHAP, then you are subject to all the requirements of each appropriate NESHAP for each waste stream. (d) At all times, the POTW must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the POTW to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. § 63.1584 [Reserved] § 63.1585 How does a Group 1 POTW treatment plant demonstrate compliance? (a) An existing Group 1 POTW treatment plant demonstrates compliance by operating treatment and control devices which meet all requirements specified in the appropriate NESHAP. Requirements may include performance tests, routine monitoring, recordkeeping, and reporting. (b) A new Group 1 POTW treatment plant demonstrates compliance by operating treatment and control devices which meet all requirements specified in the appropriate NESHAP and by meeting the requirements specified in § 63.1586, as applicable, as well as the applicable requirements in §§ 63.1588 through 63.1595. Requirements for Group 1 and Group 2 POTW Treatment Plants § 63.1586 What are the emission points and control requirements for a Group 1 or Group 2 POTW? (a) An existing Group 1 or Group 2 POTW treatment plant must comply with the initial notification requirements in § 63.1591(a). (b) Cover and control standard. (1) Covers must be tightly fitted and designed and operated to prevent exposure of the wastewater to the atmosphere. This includes, but is not limited to, the absence of visible cracks, holes, or gaps in the roof sections or between the roof and the supporting wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (2) If wastewater is in a treatment unit, each opening in the cover must be maintained in a closed, sealed position, unless plant personnel are present and conducting wastewater or sludge sampling, or equipment inspection, maintenance, or repair. (c) HAP fraction emitted standard. (d) At all times, the POTW must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the POTW to make any further efforts to reduce emissions if the requirements of the applicable standard have been met. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. § 63.1587 When do I have to comply? Sources subject to this subpart are required to achieve compliance on or before the dates specified in table 2 of this subpart. § 63.1588 How do Group 1 and Group 2 POTW treatment plants demonstrate compliance? (a) If you are complying with § 63.1586(b) by using covers, you must conduct the following inspections: (1) You must visually check the cover and its closure devices for defects that could result in air emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the supporting wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices. (2) You must perform an initial visual inspection within 60 calendar days of becoming subject to this NESHAP and perform follow-up inspections at least once per year, thereafter. (3) In the event that you find a defect on a cover on a treatment unit in use, you must repair the defect within 45 calendar days. If you cannot repair within 45 calendar days, you must notify the EPA or the delegated authority immediately and report the reason for the delay and the date you expect to complete the repair. If you find a defect on a cover on a treatment unit that is not in service, you must repair the defect prior to putting the treatment unit back in wastewater service. (b) If you own or operate a control device used to meet the requirements for § 63.1586(b), you must comply with the inspection and monitoring requirements of § 63.695(c) of subpart DD of this part. (c) To comply with the HAP fraction emitted standard specified in § 63.1586(c), you must develop, to the satisfaction of the Administrator, an Inspection and Monitoring Plan. This Inspection and Monitoring Plan must include, at a minimum, the following: (1) A method to determine the influent HAP mass loading, i.e., (2) A method to determine your POTW treatment plant's annual HAP emissions for all units up to, but not including, the secondary influent pumping station or the secondary treatment units. The method you use to determine your HAP emissions, such as modeling or direct source measurement, must: (i) Be approved by the Administrator for use at your POTW; (ii) Account for all factors affecting emissions from your POTW treatment plant including, but not limited to, emissions from wastewater treatment units; emissions resulting from inspection, maintenance, and repair activities; fluctuations (e.g., daily, monthly, annual, seasonal) in your influent wastewater HAP concentrations; annual industrial loading; performance of control devices; or any other factors that could affect your annual HAP emissions; and (iii) Include documentation that the values and sources of all data, operating conditions, assumptions, etc., used in your method result in an accurate estimation of annual emissions from your POTW treatment plant. (3) A method to demonstrate that your POTW treatment plant meets the HAP fraction emitted standard specified in § 63.1586(c), i.e., (i) Determine the average daily flow in million gallons per day (MGD) of the wastewater entering your POTW treatment plant for the month; (ii) Determine the flow-weighted monthly concentration of each HAP listed in Table 1 to subpart DD of this part that is reasonably anticipated to be present in your influent; (iii) Using the information in paragraphs (c)(3)(i) and (ii) of this section, determine a total annual flow-weighted loading in pounds per day (lbs/day) of each HAP entering your POTW treatment plant; (iv) Sum up the values for each individual HAP loading in paragraph (c)(3)(iii) of this section and determine a total annual flow-weighted loading value (lbs/day) for all HAP entering your POTW treatment plant for the current month; (v) Based on the current month's information in paragraph (c)(3)(iii) of this section along with source testing and emission modeling, for each HAP, determine the annual emissions (lbs/day) from all wastewater units up to, but not including, secondary treatment units; (vi) Sum up the values in paragraph (c)(3)(v) of this section and calculate the total annual emissions value for the month for all HAP from all wastewater treatment units up to, but not including, secondary treatment units; (vii) Calculate the HAP fraction emitted value for the month, using Equation 1 of this section as follows: Where: f e ∑E = Total HAP emissions value from paragraph (c)(3)(vi) of this section ∑L = Total annual loading from paragraph (c)(3)(iv) of this section (viii) Average the HAP fraction emitted value for the month determined in paragraph (c)(3)(vii) of this section, with the values determined for the previous 11 months, to calculate an annual rolling average of the HAP fraction emitted. (4) A method to demonstrate, to the satisfaction of the Administrator, that your POTW treatment plant is in continuous compliance with the requirements of § 63.1586(c). Continuous compliance means that your emissions, when averaged over the course of a year, do not exceed the level of emissions that allows your POTW to comply with § 63.1586(c). For example, you may identify a parameter(s) that you can monitor that assures your emissions, when averaged over the entire year, will meet the requirements in § 63.1586(c). Some example parameters that may be considered for monitoring include your wastewater influent HAP concentration and flow, industrial loading from your permitted industrial users, and your control device performance criteria. Where emission reductions are due to proper operation of equipment, work practices, or other operational procedures, your demonstration must specify the frequency of inspections and the number of days to completion of repairs. (d) Prior to receiving approval on the Inspection and Monitoring Plan, you must follow the plan submitted to the Administrator as specified in § 63.1590(f). § 63.1589 What records must I keep? (a) To comply with the cover and control standard specified in § 63.1586(b), you must prepare and maintain the records required in paragraphs (a)(1) through (4) of this section: (1) A record for each treatment unit inspection required by § 63.1588(a). You must include a treatment unit identification number (or other unique identification description as selected by you) and the date of inspection. (2) For each defect detected during inspections required by § 63.1588(a), you must record the location of the defect, a description of the defect, the date of detection, the corrective action taken to repair the defect, and the date the repair to correct the defect is completed. (3) If repair of the defect is delayed as described in § 63.1588(a)(3), you must also record the reason for the delay and the date you expect to complete the repair. (4) If you own or operate a control device used to meet the requirements for § 63.1586(b), you must comply with the recordkeeping requirements of § 63.696(a), (b), (g), and (h). (b) To comply with the HAP fraction emitted standard specified in § 63.1586(c), you must prepare and maintain the records required in paragraphs (b)(1) through (3) of this section: (1) A record of the methods and data used to determine your POTW treatment plant's annual HAP loading and HAP emissions as determined in § 63.1588(c)(1) and (2) as part of your Inspection and Monitoring Plan; (2) A record of the methods and data used to determine that your POTW treatment plant meets the HAP fraction emitted standard of 0.014 or less, as determined in § 63.1588(c)(3) as part of your Inspection and Monitoring Plan; and (3) A record of the methods and data that demonstrates that your POTW treatment plant is in continuous compliance with the requirements of § 63.1588(c)(4) to calculate annual emissions as specified in your Inspection and Monitoring Plan. (c) The POTW must record the malfunction information specified in paragraphs (c)(1) through (3) of this section. (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure, record the date, time, and duration of the failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the tons per year of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.1583(d) or § 63.1586(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (d) Any records required to be maintained by this part that are submitted electronically via the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. § 63.1590 What reports must I submit? (a) An existing Group 1 POTW must meet the reporting requirements specified in the appropriate NESHAP for the industrial user(s). (b) A new Group 1 or Group 2 POTW must submit annual reports containing the information specified in paragraphs (b)(1) through (4) of this section, if applicable. You must submit annual reports following the procedure specified in paragraph (b)(5) of this section. For new units, the initial annual report is due 15 months after your POTW becomes subject to the requirements in this subpart and must cover the first 12 months of operation after your POTW becomes subject to the requirements of this subpart. Subsequent annual reports are due by the same date each year as the initial annual report and must contain information for the 12-month period following the 12-month period included in the previous annual report. (1) The general information specified in paragraphs (b)(1)(i) and (ii) of this section must be included in all reports. (i) The company name, POTW treatment plant name, and POTW treatment plant address, including county where the POTW is located; and (ii) Beginning and ending dates of the reporting period. (2) If you use covers to comply with the requirements of § 63.1586(b), you must submit the following: (i) The dates of each visual inspection conducted; (ii) The defects found during each visual inspection; and (iii) For each defect found during a visual inspection, how the defects were repaired, whether the repair has been completed, and either the date each repair was completed or the date each repair is expected to be completed. (3) If you comply with the HAP fraction emitted standard in § 63.1586(c), you must submit each value of the annual rolling average HAP fraction emitted as calculated in § 63.1588(c)(3)(vii) for the period covered by the annual report. Identify each value by the final month included in the calculation. (4) If a source fails to meet an applicable standard, report such events in the annual report. Report the number of failures to meet an applicable standard. For each instance, report the start date, start time, and duration of each failure, as well as a list of the affected sources or equipment. If you comply with the cover and control standard in § 63.1586(b), for each failure, the report must include the percent control achieved. If you comply with the HAP fraction emitted standard in § 63.1586(c), for each failure, the report must include the HAP fraction emitted. You must include an estimate of the tons per year of each regulated pollutant emitted over the emission limit and a description of the method used to estimate the emissions in the report. (5) You must submit the report to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or species an alternate reporting method. Beginning on October 28, 2019 or once the reporting form has been available in CEDRI for 1 year, whichever is later, you must submit subsequent annual reports to the EPA via CEDRI. (CEDRI can be accessed through the EPA's Central Data Exchange (CDX)( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (c) If you own or operate a control device used to meet the cover and control standard in § 63.1586(b), you must submit the notifications and reports required by § 63.697(b), including a notification of performance tests; a performance test report; a malfunction report; and a summary report. These notifications and reports must be submitted to the Administrator, except for performance test reports. Within 60 calendar days after the date of completing each performance test (as defined in § 63.2) required by subpart DD of this part, you must submit the results of the performance test following the procedure specified in paragraphs (c)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( https://www.epa/gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13 of subpart A of this part, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (b)(1) of this section is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) of this section. (d) You must comply with the delay of repair reporting required in § 63.1588(a)(3). (e) You may apply to the Administrator for a waiver of recordkeeping and reporting requirements by complying with the requirements of § 63.10(f). Electronic reporting to the EPA cannot be waived. (f) To comply with the HAP fraction emitted standard specified in § 63.1586(c), you must submit, for approval by the Administrator, an Inspection and Monitoring Plan explaining your compliance approach 90 calendar days prior to beginning operation of your new POTW or by April 24, 2018, whichever is later. (g) If you are required to electronically submit a report through the CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (h) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). If you intend to assert a claim of force majeure, you must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. § 63.1591 What are my notification requirements? (a) You must submit an initial notification that your POTW treatment plant is subject to these standards as specified in paragraphs (a)(1) and (2) of this section. (1) If you have an existing Group 1 or Group 2 POTW treatment plant, you must submit an initial notification by October 26, 2018, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (2) If you have a new Group 1 or Group 2 POTW treatment plant, you must submit an initial notification upon startup, or when the source becomes subject to this subpart, whichever is later. (b) The initial notification must include the information included in paragraphs (b)(1) through (4) of this section. (1) Your name and address; (2) The address ( i.e., (3) An identification of these standards as the basis of the notification and your POTW treatment plant's compliance date; and (4) A brief description of the nature, size, design, and method of operation of your POTW treatment plant, including its operating design capacity and an identification of each point of emission for each HAP, or if a definitive identification is not yet possible, a preliminary identification of each point of emission for each HAP. (c) You must submit a notification of compliance status as required in § 63.9(h), as specified below: (1) If you comply with § 63.1586(b) and use covers on the emission points and route air in the headspace underneath the cover to a control device, you must submit a notification of compliance status as specified in § 63.9(h) that includes a description of the POTW treatment units and installed covers, as well as the information required for control devices including the performance test results. (2) If you comply with § 63.1586(c) by meeting the HAP fraction emitted standard, submission of the Inspection and Monitoring Plan as required in §§ 63.1588(c) and 63.1590(f) meets the requirement for submitting a notification of compliance status report in § 63.9(h). (d) You must notify the Administrator, within 30 calendar days of discovering that you are out of compliance with an applicable requirement of this subpart, including the following: (1) The requirement to route the air in the headspace underneath the cover of all units equipped with covers, except primary clarifiers, to a control device as specified in § 63.1586(b). (2) The HAP fraction emitted standard as specified in § 63.1586(c). (3) The requirement to operate and maintain the affected source as specified in § 63.1586(d). (4) The requirement to inspect covers annually and repair defects as specified in § 63.1588(a). (5) The requirement to comply with the inspection and monitoring requirements of § 63.695(c) as specified in § 63.1588(b). (6) The procedures specified in an Inspection and Monitoring Plan prepared as specified in § 63.1588(c). (7) The requirements specified in an appropriate NESHAP for which the Group 1 POTW treatment plan treats regulated industrial waste as specified in § 63.1583(a) or (b), as applicable. [82 FR 49525, Oct. 26, 2017, as amended at 85 FR 73902, Nov. 19, 2020] § 63.1592 Which General Provisions apply to my POTW treatment plant? (a) Table 1 to this subpart lists the General Provisions (40 CFR part 63, subpart A) which do and do not apply to POTW treatment plants. (b) Unless a permit is otherwise required by law, the owner or operator of a Group 1 POTW treatment plant which is not a major source is exempt from the permitting requirements established by 40 CFR part 70. § 63.1593 [Reserved] § 63.1594 Who enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable state, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a state, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to a state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the Administrator of U.S. EPA and cannot be delegated to the state, local, or tribal agency. (1) Approval of alternatives to the requirements in §§ 63.1580, 63.1583, and 63.1586 through 63.1588. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. § 63.1595 List of definitions. As used in this subpart: Affected source Cover Existing source or existing POTW Fraction emitted Group 1 POTW Group 2 POTW (1) Not specifically regulated by another NESHAP, or (2) From an industrial user that complies with the specific wastewater requirements in their applicable NESHAP prior to discharging the waste stream to the POTW. Industrial user New source or new POTW Publicly owned treatment works (POTW) POTW treatment plant Secondary treatment Waste and wastewater Table 1 to Subpart VVV of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart VVV General provisions reference Applicable to subpart VVV Explanation § 63.1 Applicability. § 63.1(a)(1) Yes Terms defined in the Clean Air Act. § 63.1(a)(2) Yes General applicability explanation. § 63.1(a)(3) Yes Cannot diminish a stricter NESHAP. § 63.1(a)(4) Yes Not repetitive. Doesn't apply to section 112(r). § 63.1(a)(5) Yes Section reserved. § 63.1(a)(6)-(8) Yes Contacts and authorities. § 63.1(a)(9) Yes Section reserved. § 63.1(a)(10) Yes Time period definition. § 63.1(a)(11) Yes Postmark explanation. § 63.1(a)(12)-(14) Yes Time period changes. Regulation conflict. Force and effect of subpart A. § 63.1(b)(1) Yes Initial applicability determination of subpart A. § 63.1(b)(2) Yes Section reserved. § 63.1(b)(3) No Subpart VVV specifies recordkeeping of records of applicability determination. § 63.1(c)(1) Yes Requires compliance with both subparts A and subpart VVV. § 63.1(c)(2)(i) No State options regarding title V permit. Unless required by the State, area sources subject to subpart VVV are exempted from permitting requirements. § 63.1(c)(2)(ii)-(iii) No State options regarding title V permit. § 63.1(c)(3) Yes Section reserved. § 63.1(c)(4) Yes Extension of compliance. § 63.1(c)(5) No Subpart VVV addresses area sources becoming major due to increase in emissions. § 63.1(c)(6) Yes § 63.1(d) Yes Section reserved. § 63.1(e) Yes Title V permit before a relevant standard is established. § 63.2 Yes Definitions. § 63.3 Yes Units and abbreviations. § 63.4 Prohibited activities and circumvention. § 63.4(a)(1)-(3) Yes Prohibits operation in violation of subpart A. § 63.4(a)(4) Yes Section reserved. § 63.4(a)(5) Yes Compliance dates. § 63.4(b) Yes Circumvention. § 63.4(c) Yes Severability. § 63.5 Preconstruction review and notification requirements. § 63.5(a)(1) Yes Construction and reconstruction. § 63.5(a)(2) Yes New source—effective dates. § 63.5(b)(1) Yes New sources subject to relevant standards. § 63.5(b)(2) Yes Section reserved. § 63.5(b)(3) Yes No new major sources without Administrator approval. § 63.5(b)(4) Yes New major source notification. § 63.5(b)(5) Yes New major sources must comply. § 63.5(b)(6) Yes New equipment added considered part of major source. § 63.5(c) Yes Section reserved. § 63.5(d)(1) Yes Implementation of section 112(I)(2)—application of approval of new source construction. § 63.5(d)(2) Yes Application for approval of construction for new sources listing and describing planned air pollution control system. § 63.5(d)(3) Yes Application for reconstruction. § 63.5(d)(4) Yes Administrator may request additional information. § 63.5(e) Yes Approval of reconstruction. § 63.5(f)(1) Yes Approval based on State review. § 63.5(f)(2) Yes Application deadline. § 63.6 Compliance with standards and maintenance requirements. § 63.6(a) Yes Applicability of compliance with standards and maintenance requirements. § 63.6(b) Yes Compliance dates for new and reconstructed sources. § 63.6(c) Yes Compliance dates for existing sources apply to existing Group 1 POTW treatment plants. § 63.6(d) Yes Section reserved. § 63.6(e) Yes, except as noted below Operation and maintenance requirements apply to new sources. § 63.6(e)(1)(i) No General duty; See § 63.1583(d) and § 63.1586(d) for general duty requirements. § 63.6(e)(1)(ii) No Requirement to correct malfunctions. § 63.6(e)(3) No SSM plans are not required for POTW. § 63.6(f) Yes, except as noted below Compliance with non-opacity emission standards applies to new sources. § 63.6(f)(1) No The POTW standards apply at all times. § 63.6(g) Yes Use of alternative non-opacity emission standards applies to new sources. § 63.6(h) No POTW treatment plants do not typically have visible emissions. § 63.6(i) Yes Extension of compliance with emission standards applies to new sources. § 63.6(j) Yes Presidential exemption from compliance with emission standards. § 63.7 Performance testing requirements. § 63.7(a) Yes Performance testing is required for new sources. § 63.7(b) Yes New sources must notify the Administrator of intention to conduct performance testing. § 63.7(c) Yes New sources must comply with quality assurance program requirements. § 63.7(d) Yes New sources must provide performance testing facilities at the request of the Administrator. § 63.7(e) Yes, except as noted below Requirements for conducting performance tests apply to new sources. § 63.7(e)(1) No The performance testing provisions of § 63.694 for control devices are incorporated by reference into subpart DD of this part. § 63.7(f) Yes New sources may use an alternative test method. § 63.7(g) Yes Requirements for data analysis, recordkeeping, and reporting associated with performance testing apply to new sources. § 63.7(h) Yes New sources may request a waiver of performance tests. § 63.8 Monitoring requirements. § 63.8(a) Yes Applicability of monitoring requirements. § 63.8(b) Yes Monitoring shall be conducted by new sources. § 63.8(c) Yes, except as noted below New sources shall operate and maintain continuous monitoring systems (CMS). § 63.8(c)(1)(i) No See § 63.1583(d) for general duty requirement with respect to minimizing emissions and continuous monitoring requirements. § 63.8(c)(1)(iii) No See the applicable CMS quality control requirements under § 63.8(c) and (d). § 63.8(d) Yes, except as noted below New sources must develop and implement a CMS quality control program. § 63.8(d)(3) No The owner or operator must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, and make them available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator must keep previous ( i.e., § 63.8(e) Yes New sources may be required to conduct a performance evaluation of CMS. § 63.8(f) Yes New sources may use an alternative monitoring method. § 63.8(g) Yes Requirements for reduction of monitoring data. § 63.9 Notification requirements. § 63.9(a) Yes Applicability of notification requirements. § 63.9(b) Yes, except as noted below Initial notification due February 23, 2000 or 60 days after becoming subject to this subpart. § 63.9(c) Yes Request for extension of compliance with subpart VVV. § 63.9(d) Yes Notification that source is subject to special compliance requirements as specified in § 63.6(b)(3) and (4). § 63.9(e) Yes Notification of performance test. § 63.9(f) No POTW treatment plants do not typically have visible emissions. § 63.9(g) Yes Additional notification requirements for sources with continuous emission monitoring systems. § 63.9(h) Yes, except as noted Notification of compliance status when the source becomes subject to subpart VVV. See exceptions in § 63.1591(b). § 63.9(i) Yes Adjustments to time periods or postmark deadlines or submittal and review of required communications. § 63.9(j) Yes Change of information already provided to the Administrator. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10 Recordkeeping and reporting requirements. § 63.10(a) Yes Applicability of notification and reporting requirements. § 63.10(b)(1)-(2) Yes, except as noted below General recordkeeping requirements. § 63.10(b)(2)(i) No Recordkeeping for occurrence and duration of startup and shutdown. § 63.10(b)(2)(ii) No Recordkeeping for failure to meet a standard, see § 63.696. § 63.10(b)(2)(iii) Yes Maintenance records. § 63.10(b)(2)(iv) No Actions taken to minimize emissions during SSM. § 63.10(b)(2)(v) No Action taken to minimize emissions during SSM. § 63.10(b)(2)(vi) Yes Recordkeeping for CMS malfunctions. § 63.10(b)(2)(vii)-(ix) Yes Other CMS requirements. § 63.10(b)(3) No Recording requirement for applicability determination. § 63.10(c) Yes, except as noted below Additional recordkeeping requirements for sources with continuous monitoring systems. § 63.10(c)(7) No See § 63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(c)(8) No See § 63.696(h) for recordkeeping of (1) date, time, and duration; (2) listing of affected source or equipment, and an estimate of the tons per year of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(c)(15) No Use of SSM plan. § 63.10(d) Yes, except as noted below General reporting requirements. § 63.10(d)(5) No See § 63.697(b) for malfunction reporting requirements. § 63.10(e) Yes Additional reporting requirements for sources with continuous monitoring systems. § 63.10(f) Yes, except as noted Waiver of recordkeeping and reporting requirements. Electronic reporting to the EPA cannot be waived. § 63.11 Yes Control device and equipment leak work practice requirements. § 63.11(a) and (b) Yes If a new source uses flares to comply with the requirements of subpart VVV, the requirements of § 63.11 apply. § 63.11(c), (d) and (e) Yes Alternative work practice for equipment leaks. § 63.12 Yes State authority and designation. § 63.13 Yes Addresses of State air pollution control agencies and EPA Regional Offices. § 63.14 Yes Incorporation by reference. § 63.15 Yes Availability of information and confidentiality. [82 FR 49525, Oct. 26, 2017, as amended at 85 FR 73902, Nov. 19, 2020] Table 2 to Subpart VVV of Part 63—Compliance Dates and Requirements If the construction/reconstruction date is Then the owner or operator must comply with And the owner or operator must achieve compliance Group 1 POTW: (1) After December 27, 2016 (i) New source requirements in §§ 63.1583(b); 63.1586(b) or (c); and 63.1588 through 63.1591 Upon initial startup. (2) After December 1, 1998 but on or before December 27, 2016 (i) New source requirements in § 63.1583(b) but instead of complying with both requirements (industrial user(s) NESHAP and the POTW standards in §§ 63.1586(b) or (c)), you must comply with the most stringent requirement 1 Upon initial startup through October 26, 2020. (ii) New source requirements in §§ 63.1586(b) or (c); and 63.1588 through 63.1591 On or before October 26, 2020. (3) On or before December 1, 1998 (i) Existing source requirements in §§ 63.1583(a) By the compliance date specified in the other applicable NESHAP. (ii) Existing source requirements in §§ 63.1588 through 63.1591 On or before October 26, 2018. Group 2 POTW: (4) After December 27, 2016 (i) New source requirements in §§ 63.1586(b) or (c); and 63.1588 through 63.1591 Upon initial startup. (5) After December 1, 1998 but on or before December 27, 2016 (i) New source requirements in § 63.1586(b) or (c) 1 Upon initial startup through October 26, 2020. (ii) New source requirements in §§ 63.1586(b) or (c); and 63.1588 through 63.1591 On or before October 26, 2020. (6) On or before December 1, 1998 (i) Existing source requirements in §§ 63.1586(a); and 63.1591(a) On or before October 26, 2018. 1 Subpart WWW [Reserved] Subpart XXX—National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Silicomanganese Source: 64 FR 27458, May 20, 1999, unless otherwise noted. § 63.1620 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a new or existing ferromanganese and/or silicomanganese production facility that is a major source or is co-located at a major source of hazardous air pollutant emissions. (b) You are subject to this subpart if you own or operate any of the following equipment as part of a ferromanganese and/or silicomanganese production facility: (1) Electric arc furnace; (2) Casting operations; (3) Metal oxygen refining (MOR) process; (4) Crushing and screening operations; (5) Outdoor fugitive dust sources. (c) A new affected source is any of the equipment listed in paragraph (b) of this section for which construction or reconstruction commenced after June 30, 2015. (d) Table 1 of this subpart specifies the provisions of subpart A of this part that apply to owners and operators of ferromanganese and silicomanganese production facilities subject to this subpart. (e) If you are subject to the provisions of this subpart, you are also subject to title V permitting requirements under 40 CFR part 70 or 71, as applicable. (f) Emission standards in this subpart apply at all times. [80 FR 37390, June 30, 2015] § 63.1621 What are my compliance dates? (a) Existing affected sources must be in compliance with the provisions specified in §§ 63.1620 through 63.1629 no later than June 30, 2017. (b) Affected sources in existence prior to June 30, 2015 must be in compliance with the provisions specified in §§ 63.1650 through 63.1661 by November 21, 2001 and until June 30, 2017. As of June 30, 2017, the provisions of §§ 63.1650 through 63.1661 cease to apply to affected sources in existence prior to June 30, 2015. The provisions of §§ 63.1650 through 63.1661 remain enforceable at a source for its activities prior to June 30, 2017. (c) If you own or operate a new affected source that commences construction or reconstruction after November 23, 2011, you must comply with the requirements of this subpart by June 30, 2015, or upon startup of operations, whichever is later. [80 FR 37390, June 30, 2015] § 63.1622 What definitions apply to this subpart? Terms in this subpart are defined in the Clean Air Act (Act), in subpart A of this part, or in this section as follows: Bag leak detection system Capture system Casting Crushing and screening equipment Electric arc furnace Furnace process cycle Ladle treatment Local ventilation e.g. Metal oxygen refining (MOR) process Outdoor fugitive dust source Plant roadway Process fugitive emissions source Roofline ventilation system Shop building Shutdown Startup Tapping emissions Tapping period [80 FR 37390, June 30, 2015] § 63.1623 What are the emissions standards for new, reconstructed and existing facilities? (a) Electric arc furnaces (1) Particulate matter emissions (ii) You must not discharge exhaust gases from each electric arc furnace operation containing particulate matter in excess of 25 mg/dscm into the atmosphere from any existing electric arc furnace. (2) Mercury emissions (ii) You must not discharge exhaust gases from each electric arc furnace operation containing mercury emissions in excess of 130 µg/dscm into the atmosphere from any existing electric arc furnace when producing ferromanganese. (iii) You must not discharge exhaust gases from each electric arc furnace operation containing mercury emissions in excess of 4 µg/dscm into the atmosphere from any new or reconstructed electric arc furnace when producing silicomanganese. (iv) You must not discharge exhaust gases from each electric arc furnace operation containing mercury emissions in excess of 12 µg/dscm into the atmosphere from any existing electric arc furnace when producing silicomanganese. (3) Polycyclic aromatic hydrocarbon emissions (ii) You must not discharge exhaust gases from each electric arc furnace operation containing polycyclic aromatic hydrocarbon emissions in excess of 12,000 µg/dscm into the atmosphere from any existing electric arc furnace when producing ferromanganese. (iii) You must not discharge exhaust gases from each electric arc furnace operation containing polycyclic aromatic hydrocarbon emissions in excess of 72 µg/dscm into the atmosphere from any new or reconstructed electric arc furnace when producing silicomanganese. (iv) You must not discharge exhaust gases from each electric arc furnace operation containing polycyclic aromatic hydrocarbon emissions in excess of 130 µg/dscm into the atmosphere from any existing electric arc furnace when producing silicomanganese. (4) Hydrochloric acid emissions (ii) You must not discharge exhaust gases from each electric arc furnace operation containing hydrochloric acid emissions in excess of 1,100 µg/dscm into the atmosphere from any existing electric arc furnace. (5) Formaldehyde emissions (b) Process fugitive emissions (2) The determination of the overall capture must be demonstrated as required by § 63.1624(a). (3) Unless you meet the criteria of paragragh (b)(3)(iii) of this section, you must not cause the emissions exiting from a shop building to exceed an average of 8 percent opacity over a furnace or MOR process cycle. (i) This 8 percent opacity requirement is determined by averaging the individual opacity readings observed during the furnace or MOR process cycle. (ii) An individual opacity reading shall be determined as the average of 24 consecutive images recorded at 15-second intervals with the opacity values from each individual digital image rounded to the nearest 5 percent. (iii) If the average opacity from the shop building is greater than 8 percent opacity during an observed furnace or MOR process cycle, the opacity of two more additional furnace or MOR process cycles must be observed within 7 days and the average of the individual opacity readings during the three observation periods must be less than 8 percent opacity. (iv) At no time during operation may the average of any two consecutive individual opacity readings be greater than 20 percent opacity. (c) Local ventilation emissions. (d) MOR process. (e) Crushing and screening equipment. (f) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records and inspection of the source. [80 FR 37390, June 30, 2015] § 63.1624 What are the operational and work practice standards for new, reconstructed, and existing facilities? (a) Process fugitive emissions sources. (i) Documentation of engineered hoods and secondary fugitive capture systems designed according to the most recent, at the time of construction, ventilation design principles recommended by the American Conference of Governmental Industrial Hygienists (ACGIH). The process fugitive emissions capture systems must be designed to achieve sufficient air changes to evacuate the collection area frequently enough to ensure process fugitive emissions are effectively collected by the ventilation system and ducted to the control device(s). The required ventilation systems should also use properly positioned hooding to take advantage of the inherent air flows of the source and capture systems that minimize air flows while also intercepting natural air flows or creating air flows to contain the fugitive emissions. Include a schematic for each building indicating duct sizes and locations, hood sizes and locations, control device types, size and locations and exhaust locations. The design plan must identify the key operating parameters and measurement locations to ensure proper operation of the system and establish monitoring parameter values that reflect effective capture. (ii) List of critical maintenance actions and the schedule to conduct them. (2) You must submit a copy of the process fugitive emissions ventilation plan to the designated permitting authority on or before the applicable compliance date for the affected source as specified in § 63.1621 in electronic format and whenever an update is made to the plan. The requirement for you to operate the facility according to the written process fugitives ventilation plan and specifications must be incorporated in the operating permit for the facility that is issued by the designated permitting authority under part 70 or 71 of this chapter, as applicable. (3) You must update the information required in paragraphs (a)(1) and (2) of this section every 5 years or whenever there is a significant change in variables that affect process fugitives ventilation design such as the addition of a new process. (b) Outdoor fugitive dust sources. (2) You must submit a copy of the outdoor fugitive dust control plan to the designated permitting authority on or before the applicable compliance date for the affected source as specified in § 63.1621. The requirement for you to operate the facility according to a written outdoor fugitive dust control plan must be incorporated in the operating permit for the facility that is issued by the designated permitting authority under part 70 or 71 of this chapter, as applicable. (3) You may use existing manuals that describe the measures in place to control outdoor fugitive dust sources required as part of a state implementation plan or other federally enforceable requirement for particulate matter to satisfy the requirements of paragraph (b)(1) of this section. [80 FR 37390, June 30, 2015] § 63.1625 What are the performance test and compliance requirements for new, reconstructed, and existing facilities? (a) Performance testing. (2) Each performance test in paragraphs (c)(1) and (2) of this section must consist of three separate and complete runs using the applicable test methods. (3) Each run must be conducted under conditions that are representative of normal process operations. (4) Performance tests conducted on air pollution control devices serving electric arc furnaces must be conducted such that at least one tapping period, or at least 20 minutes of a tapping period, whichever is less, is included in at least two of the three runs. The sampling time for each run must be at least three times the average tapping period of the tested furnace, but no less than 60 minutes. (5) You must conduct the performance tests specified in paragraph (c) of this section under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (b) Test methods. (1) Method 1 of appendix A-1 of 40 CFR part 60 to select the sampling port location and the number of traverse points. (2) Method 2 of appendix A-1 of 40 CFR part 60 to determine the volumetric flow rate of the stack gas. (3)(i) Method 3A or 3B of appendix A-2 of 40 CFR part 60 (with integrated bag sampling) to determine the outlet stack and inlet oxygen and CO 2 (ii) You must measure CO 2 (iii) As an alternative to EPA Reference Method 3B, ASME PTC-19-10-1981-Part 10 may be used (incorporated by reference, see § 63.14). (4) Method 4 of appendix A-3 of 40 CFR part 60 to determine the moisture content of the stack gas. (5)(i) Method 5 of appendix A-3 of 40 CFR part 60 to determine the particulate matter concentration of the stack gas for negative pressure baghouses and positive pressure baghouses with stacks. (ii) Method 5D of appendix A-3 of 40 CFR part 60 to determine particulate matter concentration and volumetric flow rate of the stack gas for positive pressure baghouses without stacks. (iii) The sample volume for each run must be a minimum of 4.0 cubic meters (141.2 cubic feet). For Method 5 testing only, you may choose to collect less than 4.0 cubic meters per run provided that the filterable mass collected ( i.e. i.e. (6) Method 30B of appendix A-8 of 40 CFR part 60 to measure mercury. Apply the minimum sample volume determination procedures as per the method. (7)(i) Method 26A of appendix A-8 of 40 CFR part 60 to determine outlet stack or inlet hydrochloric acid concentration. (ii) Collect a minimum volume of 2 cubic meters. (8)(i) Method 316 of appendix A of this part to determine outlet stack or inlet formaldehyde. (ii) Collect a minimum volume of 1.0 cubic meter. (9) ASTM D7520-16 to determine opacity (incorporated by reference, see § 63.14) with the following conditions: (i) During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520-16, you or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees and mixed backgrounds (clouds and/or a sparse tree stand). (ii) You must have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520-16. (iii) You must follow the recordkeeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets and all raw unaltered JPEGs used for opacity and certification determination. (iv) You or the DCOT vendor must have a minimum of four (4) independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 20 percent opacity for any one reading and the average error must not exceed 7.5 percent opacity. (v) Use of this method does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520-16 and these requirements is on the facility, DCOT operator and DCOT vendor. (10) Method 23 of Appendix A-7 of 40 CFR part 60 to determine PAH. (11) The owner or operator may use alternative measurement methods approved by the Administrator following the procedures described in § 63.7(f). (c) Compliance demonstration with the emission standards Initial performance test (2) Periodic performance test (ii) You must conduct particulate matter tests every 5 years for fabric filter air pollution control devices subject to § 63.1623(a)(1) to demonstrate compliance with the applicable emission standards. (iii) You must conduct annual mercury performance tests for wet scrubber and fabric filter air pollution control devices or vent stacks subject to § 63.1623(a)(2) to demonstrate compliance with the applicable emission standards. (iv) You must conduct PAH performance tests for wet scrubber and fabric filter air pollution control devices or vent stacks subject to § 63.1623(a)(3) to demonstrate compliance with the applicable emission standards. (A) For furnaces producing silicomanganese, you must conduct a PAH performance test every 5 years for each furnace that produces silicomanganese subject to § 63.1623(a)(3). (B) For furnaces producing ferromanganese, you must conduct a PAH performance test every 3 months or 2,190 cumulative hours of ferromanganese production for each furnace subject to § 63.1623(a)(3). (C) If a furnace producing ferromanganese demonstrates compliance with four consecutive PAH tests, the owner/operator may petition the permitting authority to request reduced frequency of testing to demonstrate compliance with the PAH emission standards. However, this PAH compliance testing cannot be reduced to less than once per year. (v) You must conduct ongoing performance tests every 5 years for air pollution control devices or vent stacks subject to § 63.1623(a)(4), (a)(5), (b)(1), and (c) through (e) to demonstrate compliance with the applicable emission standards. (3) Compliance is demonstrated for all sources performing emissions tests if the average concentration for the three runs comprising the performance test does not exceed the standard. (4) Operating limits (i) For a wet particulate matter scrubber, you must establish the minimum liquid flow rate and pressure drop as your operating limits during the three-run performance test. If you use a wet particulate matter scrubber and you conduct separate performance tests for particulate matter, you must establish one set of minimum liquid flow rate and pressure drop operating limits. If you conduct multiple performance tests, you must set the minimum liquid flow rate and pressure drop operating limits at the highest minimum hourly average values established during the performance tests. (ii) For a wet acid gas scrubber, you must establish the minimum liquid flow rate and pH, as your operating limits during the three-run performance test. If you use a wet acid gas scrubber and you conduct separate performance tests for hydrochloric acid, you must establish one set of minimum liquid flow rate and pH operating limits. If you conduct multiple performance tests, you must set the minimum liquid flow rate and pH operating limits at the highest minimum hourly average values established during the performance tests. (iii) For emission sources with fabric filters that choose to demonstrate continuous compliance through bag leak detection systems you must install a bag leak detection system according to the requirements in § 63.1626(d) and you must set your operating limit such that the sum duration of bag leak detection system alarms does not exceed 5 percent of the process operating time during a 6-month period. (iv) If you choose to demonstrate continuous compliance through a particulate matter CEMS, you must determine an operating limit (particulate matter concentration in mg/dscm) during performance testing for initial particulate matter compliance. The operating limit will be the average of the PM filterable results of the three Method 5 or Method 5D of appendix A-3 of 40 CFR part 60 performance test runs. To determine continuous compliance, the hourly average PM concentrations will be averaged on a rolling 30 operating day basis. Each 30 operating day average will have to meet the PM operating limit. (d) Compliance demonstration with shop building opacity standards (ii) You must conduct the opacity observations according to ASTM D7520-16 (incorporated by reference, see § 63.14), for a period that includes at least one complete furnace process cycle for each furnace. (iii) For a shop building that contains more than one furnace, you must conduct the opacity observations according to ASTM D7520-16 for a period that includes one tapping period from each furnace located in the shop building. (iv) You must conduct the opacity observations according to ASTM D7520-16 for a 1-hour period that includes at least one pouring for each MOR located in the shop building. (v) You must conduct the opacity observations at least once per week for each shop building containing one or more furnaces or MOR. (vi) You may reduce the frequency of observations to once per month for each shop building that demonstrates compliance with the weekly 8-percent opacity limit for 26 consecutive complete observations that span a period of at least 26 weeks. Any monthly observation in excess of 8-percent opacity will return that shop building opacity observation to a weekly compliance schedule. You may reduce the frequency of observations again to once per month for each shop building that demonstrates compliance with the weekly 8-percent opacity limit after another 26 consecutive complete observations that span a period of at least 26 weeks. (2) You must determine shop building opacity operating parameters based on either monitoring data collected during the compliance demonstration or established in an engineering assessment. (i) If you choose to establish parameters based on the initial compliance demonstration, you must simultaneously monitor parameter values for one of the following: The capture system fan motor amperes and all capture system damper positions, the total volumetric flow rate to the air pollution control device and all capture system damper positions, or volumetric flow rate through each separately ducted hood that comprises the capture system. Subsequently you must monitor these parameters according to § 63.1626(g) and ensure they remain within 10 percent of the value recorded during the compliant opacity readings. (ii) If you choose to establish parameters based on an engineering assessment, then a design analysis shall include, for example, specifications, drawings, schematics and ventilation system diagrams prepared by the owner or operator or capture or control system manufacturer or vendor that describes the shop building opacity system ventilation design based on acceptable engineering texts. The design analysis shall address vent stream characteristics and ventilation system design operating parameters such as fan amps, damper position, flow rate and/or other specified parameters. (iii) You may petition the Administrator to reestablish these parameter ranges whenever you can demonstrate to the Administrator's satisfaction that the electric arc furnace or MOR operating conditions upon which the parameter ranges were previously established are no longer applicable. The values of these parameter ranges determined during the most recent demonstration of compliance must be maintained at the appropriate level for each applicable period. (3) You will demonstrate continuing compliance with the opacity standards by following the monitoring requirements specified in § 63.1626(g) and the reporting and recordkeeping requirements specified in § 63.1628(b)(5). (e) Compliance demonstration with the operational and work practice standards Process fugitive emissions sources. (2) Outdoor fugitive dust sources. (3) Baghouses equipped with bag leak detection systems. [80 FR 37390, June 30, 2015, as amended at 82 FR 5408, Jan. 18, 2017; 88 FR 16773, Mar. 20, 2023] § 63.1626 What monitoring requirements must I meet? (a) Baghouse monitoring. (b) You must submit the standard operating procedures manual for baghouses required by paragraph (a) of this section to the Administrator or delegated authority for review and approval. (c) For an existing positive pressure baghouse used to control emissions from an electric arc furnace that is not equipped with a bag leak detection system, you must specify in the standard operating procedures manual for inspections and routine maintenance, at a minimum, the requirements of paragraphs (c)(1) and (2) of this section. (1) You must visually inspect the outlet of each baghouse using Method 22 on a twice daily basis (at least 4 hours apart) for evidence of any visible emissions indicating abnormal operations and must initiate corrective actions within 1 hour of any visible emissions that indicates abnormal operation. Corrective actions shall include, at a minimum, isolating, shutting down and conducting an internal inspection of the baghouse compartment that is the source of the visible emissions that indicate abnormal operations. (2) In addition to the daily visible emissions observation, you must conduct the following activities: (i) Weekly confirmation that dust is being removed from hoppers through visual inspection, or equivalent means of ensuring the proper functioning of removal mechanisms. (ii) Daily check of compressed air supply for pulse-jet baghouses. (iii) An appropriate methodology for monitoring cleaning cycles to ensure proper operation. (iv) Monthly check of bag cleaning mechanisms for proper functioning through visual inspection or equivalent means. (v) Quarterly visual check of bag tension on reverse air and shaker-type baghouses to ensure that the bags are not kinked (kneed or bent) or lying on their sides. Such checks are not required for shaker-type baghouses using self-tensioning (spring loaded) devices. (vi) Quarterly confirmation of the physical integrity of the baghouse structure through visual inspection of the baghouse interior for air leaks. (vii) Semiannual inspection of fans for wear, material buildup and corrosion through visual inspection, vibration detectors, or equivalent means. (d) For all other non-furnace baghouses that are not equipped with bag leak detection or CEMS, the procedures that you specify in the standard operating procedures manual for inspections and routine maintenance must, at a minimum, include the requirements of paragraphs (d)(1) and (2) of this section. (1) You must observe the baghouse outlet on a daily basis for the presence of any visible emissions. (2) In addition to the daily visible emissions observation, you must conduct the following activities: (i) Weekly confirmation that dust is being removed from hoppers through visual inspection, or equivalent means of ensuring the proper functioning of removal mechanisms. (ii) Daily check of compressed air supply for pulse-jet baghouses. (iii) An appropriate methodology for monitoring cleaning cycles to ensure proper operation. (iv) Monthly check of bag cleaning mechanisms for proper functioning through visual inspection or equivalent means. (v) Quarterly visual check of bag tension on reverse air and shaker-type baghouses to ensure that the bags are not kinked (kneed or bent) or lying on their sides. Such checks are not required for shaker-type baghouses using self-tensioning (spring loaded) devices. (vi) Quarterly confirmation of the physical integrity of the baghouse structure through visual inspection of the baghouse interior for air leaks. (vii) Semiannual inspection of fans for wear, material buildup and corrosion through visual inspection, vibration detectors, or equivalent means. (e) Bag leak detection system. (2) The procedures you specified in the standard operating procedures manual for baghouse maintenance must include, at a minimum, a preventative maintenance schedule that is consistent with the baghouse manufacturer's instructions for routine and long-term maintenance. (3) Each bag leak detection system must meet the specifications and requirements in paragraphs (e)(3)(i) through (viii) of this section. (i) The bag leak detection system must be certified by the manufacturer to be capable of detecting PM emissions at concentrations of 1.0 milligram per dry standard cubic meter (0.00044 grains per actual cubic foot) or less. (ii) The bag leak detection system sensor must provide output of relative PM loadings. (iii) The bag leak detection system must be equipped with an alarm system that will alarm when an increase in relative particulate loadings is detected over a preset level. (iv) You must install and operate the bag leak detection system in a manner consistent with the guidance provided in “Office of Air Quality Planning and Standards (OAQPS) Fabric Filter Bag Leak Detection Guidance” EPA-454/R-98-015, September 1997 (incorporated by reference, see § 63.14) and the manufacturer's written specifications and recommendations for installation, operation and adjustment of the system. (v) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device and establishing the alarm set points and the alarm delay time. (vi) Following initial adjustment, you must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the approved standard operating procedures manual required under paragraph (a) of this section. You cannot increase the sensitivity by more than 100 percent or decrease the sensitivity by more than 50 percent over a 365-day period unless such adjustment follows a complete baghouse inspection that demonstrates that the baghouse is in good operating condition. (vii) You must install the bag leak detector downstream of the baghouse. (viii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (4) You must include in the standard operating procedures manual required by paragraph (a) of this section a corrective action plan that specifies the procedures to be followed in the case of a bag leak detection system alarm. The corrective action plan must include, at a minimum, the procedures that you will use to determine and record the time and cause of the alarm as well as the corrective actions taken to minimize emissions as specified in paragraphs (e)(4)(i) and (ii) of this section. (i) The procedures used to determine the cause of the alarm must be initiated within 30 minutes of the alarm. (ii) The cause of the alarm must be alleviated by taking the necessary corrective action(s) that may include, but not be limited to, those listed in paragraphs (e)(4)(ii)(A) through (F) of this section. (A) Inspecting the baghouse for air leaks, torn or broken filter elements, or any other malfunction that may cause an increase in emissions. (B) Sealing off defective bags or filter media. (C) Replacing defective bags or filter media, or otherwise repairing the control device. (D) Sealing off a defective baghouse compartment. (E) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (F) Shutting down the process producing the particulate emissions. (f) If you use a wet particulate matter scrubber, you must collect the pressure drop and liquid flow rate monitoring system data according to § 63.1628, reduce the data to 24-hour block averages and maintain the 24-hour average pressure drop and liquid flow-rate at or above the operating limits established during the performance test according to § 63.1625(c)(4)(i). (g) If you use curtains or partitions to prevent process fugitive emissions from escaping the area around the process fugitive emission source or other parts of the building, you must perform quarterly inspections of the physical condition of these curtains or partitions to determine if there are any tears or openings. (h) Shop building opacity. (1) If you choose to establish operating parameters during the compliance test as specified in § 63.1625(d)(2)(i), you must meet one of the following requirements. (i) Check and record the control system fan motor amperes and capture system damper positions once per shift. (ii) Install, calibrate and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood. (iii) Install, calibrate and maintain a monitoring device that continuously records the volumetric flow rate at the inlet of the air pollution control device and check and record the capture system damper positions once per shift. (2) If you choose to establish operating parameters during the compliance test as specified in § 63.1625(d)(2)(ii), you must monitor the selected parameter(s) on a frequency specified in the assessment and according to a method specified in the engineering assessment (3) All flow rate monitoring devices must meet the following requirements: (i) Be installed in an appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. (ii) Have an accuracy ±10 percent over its normal operating range and be calibrated according to the manufacturer's instructions. (4) The Administrator may require you to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A-1 of part 60 of this chapter. (5) Failure to maintain the appropriate capture system parameters (e.g., fan motor amperes, flow rate and/or damper positions) establishes the need to initiate corrective action as soon as practicable after the monitoring excursion in order to minimize excess emissions. (i) Furnace capture system. (j) Requirements for sources using CMS. (1) The performance criteria and design specifications for the monitoring system equipment, including the sample interface, detector signal analyzer and data acquisition and calculations; (2) Sampling interface location such that the monitoring system will provide representative measurements; (3) Equipment performance checks, system accuracy audits, or other audit procedures; (4) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1) and (3); (5) Conditions that define a continuous monitoring system that is out of control consistent with § 63.8(c)(7)(i) and for responding to out of control periods consistent with § 63.8(c)(7)(ii) and (c)(8) or Table 1 to this subpart, as applicable; and (6) Ongoing recordkeeping and reporting procedures in accordance with provisions in § 63.10(c), (e)(1) and (e)(2)(i), and Table 1 to this subpart, as applicable. (k) If you have an operating limit that requires the use of a CPMS, you must install, operate and maintain each continuous parameter monitoring system according to the procedures in paragraphs (k)(1) through (7) of this section. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four successive cycles of operation to have a valid hour of data. (2) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions and required monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), you must operate the CMS at all times the affected source is operating. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable. (3) You may not use data recorded during monitoring system malfunctions, repairs associated with monitoring system malfunctions, or required monitoring system quality assurance or control activities in calculations used to report emissions or operating levels. You must use all the data collected during all other required data collection periods in assessing the operation of the control device and associated control system. (4) Except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions and required quality monitoring system quality assurance or quality control activities (including, as applicable, system accuracy audits and required zero and span adjustments), failure to collect required data is a deviation of the monitoring requirements. (5) You must conduct other CPMS equipment performance checks, system accuracy audits, or other audit procedures specified in your site-specific monitoring plan at least once every 12 months. (6) You must conduct a performance evaluation of each CPMS in accordance with your site-specific monitoring plan. (7) You must record the results of each inspection, calibration and validation check. (l) CPMS for measuring gaseous flow. (2) Check all mechanical connections for leakage at least every month; and (3) Perform a visual inspection at least every 3 months of all components of the flow CPMS for physical and operational integrity and all electrical connections for oxidation and galvanic corrosion if your flow CPMS is not equipped with a redundant flow sensor. (m) CPMS for measuring liquid flow. (2) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (n) CPMS for measuring pressure. (2) Use a gauge with a minimum tolerance of 1.27 centimeters of water or a transducer with a minimum tolerance of 1 percent of the pressure range. (3) Perform checks at least once each process operating day to ensure pressure measurements are not obstructed ( e.g. (o) CPMS for measuring pH. (2) Check the pH meter's calibration on at least two points every eight hours of process operation. (p) Particulate Matter CEMS. (1) You must conduct a performance evaluation of the PM CEMS according to the applicable requirements of § 60.13 of this chapter and Performance Specification 11 at 40 CFR part 60, appendix B. (2) During each PM correlation testing run of the CEMS required by Performance Specification 11 at 40 CFR part 60, appendix B, PM and oxygen (or carbon dioxide) collect data concurrently (or within a 30- to 60-minute period) by both the CEMS and by conducting performance tests using Method 5 or 5D at 40 CFR part 60, appendix A-3 or Method 17 at 40 CFR part 60, appendix A-6. (3) Perform quarterly accuracy determinations and daily calibration drift tests in accordance with Procedure 2 at 40 CFR part 60, appendix F. Relative Response Audits must be performed annually and Response Correlation Audits must be performed every 3 years. (4) Within 60 days after the date of completing each CEMS relative accuracy test audit or performance test conducted to demonstrate compliance with this subpart, you must submit the relative accuracy test audit data and the results of the performance test as specified in § 63.1628(e). [80 FR 37390, June 30, 2015, as amended at 82 FR 5408, Jan. 18, 2017] § 63.1627 What notification requirements must I meet? (a) You must comply with all of the notification requirements of § 63.9. Electronic notifications are encouraged when possible. (b)(1) You must submit the process fugitive ventilation plan required under § 63.1624(a), the outdoor fugitive dust control plan required under § 63.1624(b), the site-specific monitoring plan for CMS required under § 63.1626(i) and the standard operating procedures manual for baghouses required under § 63.1626(a) to the Administrator or delegated authority. You must submit this notification no later than June 30, 2016. For sources that commenced construction or reconstruction after June 30, 2015, you must submit this notification no later than 180 days before startup of the constructed or reconstructed ferromanganese or silicomanganese production facility. For an affected source that has received a construction permit from the Administrator or delegated authority on or before June 30, 2015, you must submit this notification no later than June 30, 2016. (2) The plans and procedures documents submitted as required under paragraph (b)(1) of this section must be submitted to the Administrator in electronic format and whenever an update is made to the procedure. [80 FR 37390, June 30, 2015] § 63.1628 What recordkeeping and reporting requirements must I meet? (a) You must comply with all of the recordkeeping and reporting requirements specified in § 63.10 of the General Provisions that are referenced in Table 1 to this subpart. (1) Records must be maintained in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). However, electronic recordkeeping and reporting is encouraged and required for some records and reports. (2) Records must be kept on site for at least 2 years after the date of occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). (b) You must maintain, for a period of 5 years, records of the information listed in paragraphs (b)(1) through (11) of this section. (1) Electronic records of the bag leak detection system output. (2) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the corrective actions taken and the date and time the cause of the alarm was corrected. (3) All records of inspections and maintenance activities required under § 63.1626(c) as part of the practices described in the standard operating procedures manual for baghouses required under § 63.1626(a). (4) Electronic records of the pressure drop and water flow rate values for wet scrubbers used to control particulate matter emissions as required in § 63.1626(e), identification of periods when the 1-hour average pressure drop and water flow rate values are below the established minimum operating limits and an explanation of the corrective actions taken. (5) Electronic records of the shop building capture system monitoring required under § 63.1626(g)(1) and (2), as applicable, or identification of periods when the capture system parameters were not maintained and an explanation of the corrective actions taken. (6) Records of the results of quarterly inspections of the furnace capture system required under § 63.1626(h). (7) Electronic records of the continuous flow monitors or pressure monitors required under § 63.1626(i) and (j) and an identification of periods when the flow rate or pressure was not maintained as required in § 63.1626(e). (8) Electronic records of the output of any CEMS installed to monitor particulate matter emissions meeting the requirements of § 63.1626(i). (9) Records of the occurrence and duration of each startup and/or shutdown. (10) Records of the occurrence and duration of each malfunction of operation ( i.e. (11) Records that explain the periods when the procedures outlined in the process fugitives ventilation plan required under § 63.1624(a), the fugitives dust control plan required under § 63.1624(b), the site-specific monitoring plan for CMS required under § 63.1626(i) and the standard operating procedures manual for baghouses required under § 63.1626(a). (c) You must comply with all of the reporting requirements specified in § 63.10 of the General Provisions that are referenced in Table 1 to this subpart. (1) You must submit reports no less frequently than specified under § 63.10(e)(3) of the General Provisions. (2) Once a source reports a violation of the standard or excess emissions, you must follow the reporting format required under § 63.10(e)(3) until a request to reduce reporting frequency is approved by the Administrator. (d) In addition to the information required under the applicable sections of § 63.10, you must include in the reports required under paragraph (c) of this section the information specified in paragraphs (d)(1) through (7) of this section. (1) Reports that identify and explain the periods when the procedures outlined in the process fugitives ventilation plan required under § 63.1624(a), the fugitives dust control plan required under § 63.1624(b), the site-specific monitoring plan for CMS required under § 63.1626(i) and the standard operating procedures manual for baghouses required under § 63.1626(a) were not followed. (2) Reports that identify the periods when the average hourly pressure drop or flow rate of wet scrubbers used to control particulate emissions dropped below the levels established in § 63.1626(e) and an explanation of the corrective actions taken. (3) Bag leak detection system. (i) Records of all alarms. (ii) Description of the actions taken following each bag leak detection system alarm. (4) Reports of the shop building capture system monitoring required under § 63.1626(g)(1) and (2), as applicable, identification of periods when the capture system parameters were not maintained and an explanation of the corrective actions taken. (5) Reports of the results of quarterly inspections of the furnace capture system required under § 63.1626(h). (6) Reports of the CPMS required under § 63.1626, an identification of periods when the monitored parameters were not maintained as required in § 63.1626 and corrective actions taken. (7) If a malfunction occurred during the reporting period, the report must include the number, duration and a brief description for each type of malfunction that occurred during the reporting period and caused or may have caused any applicable emissions limitation to be exceeded. The report must also include a description of actions taken by the owner or operator during a malfunction of an affected source to minimize emissions in accordance with § 63.1623(f), including actions taken to correct a malfunction. (e) Within 60 days after the date of completing each CEMS relative accuracy test audit or performance test conducted to demonstrate compliance with this subpart, you must submit the relative accuracy test audit data and the results of the performance test in the method specified by paragraphs (e)(1) and (2) of this section. The results of the performance test must contain the information listed in paragraph (e)(2) of this section. (1)(i) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance tests, including any associated fuel analyses, following the procedure specified in either paragraph (e)(1)(i)(A) or (B) of this section. (A) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( http://www.epa.gov/ttn/chief/ert/index.html http://cdx.epa.gov/epa_home.asp (B) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13. (ii) Within 60 days after the date of completing each CEMS performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedure specified in either paragraph (b)(1) or (2) of this section. (A) For performance evaluations of continuous monitoring systems measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance evaluation to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX.) Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit performance evaluation data in an electronic file format consistent with the XML schema listed on the EPA's ERT Web site, once the XML schema is available. If you claim that some of the performance evaluation information being transmitted is CBI, you must submit a complete file generated through the use of the EPA's ERT or an alternative electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disk, flash drive or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT file or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph (e)(1)(ii)(A). (B) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13. (2) The results of a performance test shall include the purpose of the test; a brief process description; a complete unit description, including a description of feed streams and control devices; sampling site description; pollutants measured; description of sampling and analysis procedures and any modifications to standard procedures; quality assurance procedures; record of operating conditions, including operating parameters for which limits are being set, during the test; record of preparation of standards; record of calibrations; raw data sheets for field sampling; raw data sheets for field and laboratory analyses; chain-of-custody documentation; explanation of laboratory data qualifiers; example calculations of all applicable stack gas parameters, emission rates, percent reduction rates and analytical results, as applicable; and any other information required by the test method, a relevant standard, or the Administrator. [80 FR 37390, June 30, 2015] § 63.1629 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable state, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to a state, local, or tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the state, local, or tribal agency. (c) The authorities that cannot be delegated to state, local, or tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to requirements in §§ 63.1620 and 63.1621 and 63.1623 and 63.1624. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90 and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90 and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90 and as required in this subpart. [80 FR 37390, June 30, 2015] §§ 63.1630-63.1649 [Reserved] § 63.1650 Applicability and compliance dates. (a) This subpart applies to all new and existing ferromanganese and silicomanganese production facilities that manufacture ferromanganese or silicomanganese and are major sources or are co-located at major sources of hazardous air pollutant emissions. (b) The following sources at a ferromanganese and silicomanganese production facility are subject to this subpart: (1) Open submerged arc furnaces with a furnace power input of 22 MW or less when producing ferromanganese. (2) Open submerged arc furnaces with a furnace power input greater than 22 MW when producing ferromanganese. (3) Open submerged arc furnaces with a furnace power input greater than 25 MW when producing silicomanganese. (4) Open submerged arc furnaces with a furnace power input of 25 MW or less when producing silicomanganese. (5) Semi-sealed submerged arc furnaces when producing ferromanganese. (6) Metal oxygen refining (MOR) process. (7) Crushing and screening operations. (8) Fugitive dust sources. (c) A new affected source is one for which construction or reconstruction commenced after August 4, 1998. (d) Table 1 to this subpart specifies the provisions of subpart A of this part that apply to owners and operators of ferroalloy production facilities subject to this subpart. (e) Compliance dates. (2) Each owner or operator of a new or reconstructed affected source that commences construction or reconstruction after August 4, 1998 and before November 23, 2011, must comply with the requirements of this subpart by May 20, 1999 or upon startup of operations, whichever is later. [64 FR 27458, May 20, 1999, as amended at 66 FR 16012, Mar. 22, 2001; 80 FR 37399, June 30, 2015] § 63.1651 Definitions. Terms in this subpart are defined in the Clean Air Act (Act), in subpart A of this part, or in this section as follows: Bag leak detection system Capture system Casting Crushing and screening equipment Fugitive dust source Furnace power input Malfunction Metal oxygen refining (MOR) process Open submerged arc furnace Operating time Plant roadway Primary emissions Sealed submerged arc furnace Semi-closed submerged arc furnace Shop Shutdown Startup Submerged arc furnace Tapping emissions Tapping period [64 FR 27458, May 20, 1999, as amended at 71 FR 20462, Apr. 20, 2006] § 63.1652 Emission standards. (a) New and reconstructed submerged arc furnaces. (1) 0.23 kilograms per hour per megawatt (kg/hr/MW) (0.51 pounds per hour per megawatt [lb/hr/MW]), or (2) 35 milligrams per dry standard cubic meter (mg/dscm) (0.015 grains per dry standard cubic foot [gr/dscf]). (b) Existing open submerged arc furnaces. (1) 9.8 kilograms per hour (kg/hr) (21.7 pounds per hour (lb/hr)) when producing ferromanganese in an open furnace operating at a furnace power input of 22 MW or less; or (2) 13.5 kg/hr (29.8 lb/hr) when producing ferromanganese in an open furnace operating at a furnace power input greater than 22 MW; or (3) 16.3 kg/hr (35.9 lb/hr) when producing silicomanganese in an open furnace operating at a furnace power input greater than 25 MW; or (4) 12.3 kg/hr (27.2 lb/hr) when producing silicomanganese in an open furnace operating at a furnace power input of 25 MW or less. (c) Existing semi-sealed submerged arc furnaces. (d) MOR process. (e) Crushing and screening equipment New and reconstructed equipment. (2) Existing equipment. (f) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records and inspection of the source. [64 FR 27458, May 20, 1999, as amended at 66 FR 16013, Mar. 22, 2001; 80 FR 37399, June 30, 2015] § 63.1653 Opacity standards. No owner or operator shall cause emissions exiting from a shop due solely to operations of any affected submerged arc furnace, to exceed 20 percent opacity for more than one 6-minute period during any performance test, with the following exceptions: (a) Visible particulate emissions from a shop due solely to operation of a semi-closed submerged arc furnace, may exceed 20 percent opacity, measured as a 6-minute average, one time during any performance test, so long as the emissions never exceed 60 percent opacity, measured as a 6-minute average. (b) Blowing taps, poling and oxygen lancing of the tap hole; burndowns associated with electrode measurements; and maintenance activities associated with submerged arc furnaces and casting operations are exempt from the opacity standards specified in this section. § 63.1654 Operational and work practice standards. (a) Fugitive dust sources. (2) The owner or operator must submit a copy of the fugitive dust control plan to the designated permitting authority on or before the applicable compliance date for the affected source as specified in § 63.1650(e). The requirement for the owner or operator to operate the facility according to a written fugitive dust control plan must be incorporated in the operating permit for the facility that is issued by the designated permitting authority under part 70 of this chapter. (3) The owner or operator may use existing manuals that describe the measures in place to control fugitive dust sources required as part of a State implementation plan or other federally enforceable requirement for particulate matter to satisfy the requirements of paragraph (a)(1) of this section. (b) Baghouses equipped with bag leak detection systems. (1) The alarm on the system does not sound for more than 5 percent of the total operating time in a 6-month reporting period. (2) A record is made of the date and time of each alarm and procedures to determine the cause of the alarm are initiated within 1 hour of the alarm according to the plan for corrective action required under § 63.1657(a)(7). § 63.1655 Maintenance requirements. (a) The owner or operator of an affected source must comply with the requirements of § 63.6(e) of subpart A. (b)(1) The owner or operator must develop and implement a written maintenance plan for each air pollution control device associated with submerged arc furnaces, metal oxygen refining processes, and crushing and screening operations subject to the provisions of this part. The owner or operator must keep the maintenance plan on record and available for the Administrator's inspection for the life of the air pollution control device or until the affected source is no longer subject to the provisions of this part. (2) To satisfy the requirement to develop maintenance plans, the owner or operator may use the affected source's standard operating procedures (SOP) manual or other plan, provided the alternative plan meets the requirements of this paragraph and is made available for inspection when requested by the Administrator. (c) The procedures specified in the maintenance plan must include a preventive maintenance schedule that is consistent with good air pollution control practices for minimizing emissions and, for baghouses, ensure that the requirements specified in § 63.1657(a) are met. (d) The owner or operator must perform monthly inspections of the equipment that is important to the performance of the furnace capture system. This inspection must include an examination of the physical condition of the equipment, suitable for detecting holes in ductwork or hoods, flow constrictions in ductwork due to dents or accumulated dust, and operational status of flow rate controllers (pressure sensors, dampers, damper switches, etc.). Any deficiencies must be recorded and proper maintenance and repairs performed. § 63.1656 Performance testing, test methods, and compliance demonstrations. (a) Performance testing. (2) Each performance test must consist of three separate and complete runs using the applicable test methods. (3) Each run must be conducted under conditions that are representative of normal process operations. (4) Performance tests conducted on air pollution control devices serving submerged arc furnaces must be conducted such that at least one tapping period, or at least 20 minutes of a tapping period, whichever is less, is included in at least two of the three runs. The sampling time for each run must be at least as long as three times the average tapping period of the tested furnace, but no less than 60 minutes. (5) The sample volume for each run must be at least 0.9 dscm (30 dscf). (6) You must conduct the performance tests specified in paragraph (c) of this section under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (b) Test methods. (1) Method 1 to select the sampling port location and the number of traverse points. (2) Method 2 to determine the volumetric flow rate of the stack gas. (3) Method 3 to determine the dry molecular weight of the stack gas. (4) Method 4 to determine the moisture content of the stack gas. (5) Method 5 to determine the particulate matter concentration of the stack gas for negative pressure baghouses and positive pressure baghouses with stacks. (6) Method 5D to determine particulate matter concentration and volumetric flow rate of the stack gas for positive pressure baghouses without stacks. (7) Method 9 of appendix A-4 of 40 CFR part 60 to determine opacity. ASTM D7520-16, “Standard Test Method for Determining the Opacity of a Plume in the Outdoor Ambient Atmosphere” may be used (incorporated by reference, see § 63.14) with the following conditions: (i) During the digital camera opacity technique (DCOT) certification procedure outlined in Section 9.2 of ASTM D7520-16, the owner or operator or the DCOT vendor must present the plumes in front of various backgrounds of color and contrast representing conditions anticipated during field use such as blue sky, trees and mixed backgrounds (clouds and/or a sparse tree stand). (ii) The owner or operator must also have standard operating procedures in place including daily or other frequency quality checks to ensure the equipment is within manufacturing specifications as outlined in Section 8.1 of ASTM D7520-16. (iii) The owner or operator must follow the recordkeeping procedures outlined in § 63.10(b)(1) for the DCOT certification, compliance report, data sheets and all raw unaltered JPEGs used for opacity and certification determination. (iv) The owner or operator or the DCOT vendor must have a minimum of four (4) independent technology users apply the software to determine the visible opacity of the 300 certification plumes. For each set of 25 plumes, the user may not exceed 15 percent opacity of any one reading and the average error must not exceed 7.5 percent opacity. (v) Use of this approved alternative does not provide or imply a certification or validation of any vendor's hardware or software. The onus to maintain and verify the certification and/or training of the DCOT camera, software and operator in accordance with ASTM D7520-16 and these requirements is on the facility, DCOT operator and DCOT vendor. (8) The owner or operator may use equivalent alternative measurement methods approved by the Administrator following the procedures described in § 63.7(f) of subpart A. (c) Compliance demonstration with the emission standards. (2) The owner or operator must conduct annual performance tests for the air pollution control devices and vent stacks associated with the submerged arc furnaces, with the exception of any air pollution control devices that serve tapping emissions combined with non-furnace emissions, such as the MOR process or equipment associated with crushing and screening. Also excluded are air pollution control devices that serve dedicated non-furnace emissions, such as the MOR process or equipment associated with crushing and screening. The results of these annual tests will be used to demonstrate compliance with the emission standards in § 63.1652(a) through (e), as applicable. (3) Following development, and approval, if required, of the site-specific test plan, the owner or operator must conduct a performance test for each air pollution control device or vent stack to measure particulate matter and determine compliance with the applicable standard. (i) An owner or operator of sources subject to the particulate matter concentration standards in § 63.1652(a)(2), (d), or (e), must determine compliance as follows: (A) Determine the particulate matter concentration using Method 5 or 5D, as applicable. (B) Compliance is demonstrated if the average concentration for the three runs comprising the performance test does not exceed the standard. (ii) An owner or operator of sources subject to the particulate mass rate standards in § 63.1652(b) or (c) must determine compliance as follows: (A) Determine the particulate matter concentration and volumetric flow rate using Method 5 or 5D, as applicable. (B) Compute the mass rate (E M Where: E M N = total number of exhaust streams at which emissions are quantified. C si Q sdi K = conversion factor, 1 × 10 6 (C) Compliance is demonstrated if the average of the mass rates for the three runs comprising the performance test does not exceed the standard. (iii) An owner or operator of sources subject to the particulate matter process-weighted rate standard in § 63.1652(a)(1) must determine compliance as follows: (A) Determine particulate matter concentration and volumetric flow rate using Method 5 or 5D, as applicable. (B) Compute the process-weighted mass rate (E P Where: E P N = total number of exhaust streams at which emissions are quantified. C si Q sdi P = Average furnace power input, MW K = conversion factor, 1 × 10 6 (C) Compliance is demonstrated if the average process-weighted mass rate for the three runs comprising the performance test does not exceed the standard. (4) If a venturi scrubber is used to comply with the emission standards, the owner or operator must establish as a site-specific operating parameter the lowest average pressure drop on any individual complying run in the three runs constituting any compliant test. The pressure drop must be monitored at least every 5 minutes during the test and hourly averages recorded. (i) [Reserved] (ii) The owner or operator may augment the data obtained under paragraph (a)(4) of this section by conducting multiple performance tests to establish a range of compliant operating parameter values. The lowest value of this range would be selected as the operating parameter monitoring value. The use of historic compliance data may be used to establish the compliant operating parameter value if the previous values were recorded during performance tests using the same test methods specified in this subpart and established as required in paragraph (a)(4) of this section. (d) Compliance demonstration with opacity standards. (ii) In conducting the opacity observations of the shop building, the observer must limit his or her field of view to the area of the shop building roof monitor that corresponds to the placement of the affected submerged arc furnaces. (iii) The owner or operator must conduct the opacity observations according to EPA Method 9 of 40 CFR part 60, appendix A, for a minimum of 60 minutes. (2)(i) When demonstrating initial compliance with the shop building opacity standard, as required by paragraph (d)(1) of this section, the owner or operator must simultaneously establish parameter values for one of the following: the control system fan motor amperes and all capture system damper positions, the total volumetric flow rate to the air pollution control device and all capture system damper positions, or volumetric flow rate through each separately ducted hood that comprises the capture system. (ii) The owner or operator may petition the Administrator to reestablish these parameters whenever he or she can demonstrate to the Administrator's satisfaction that the submerged arc furnace operating conditions upon which the parameters were previously established are no longer applicable. The values of these parameters determined during the most recent demonstration of compliance must be maintained at the appropriate level for each applicable period. (3) The owner or operator must demonstrate continuing compliance with the opacity standards by following the monitoring requirements specified in § 63.1657(c) and the reporting and recordkeeping requirements specified in §§ 63.1659(b)(4) and 63.1660(b). (e) Compliance demonstration with the operational and work practice standards Fugitive dust sources (2) Baghouses equipped with bag leak detection systems. (i) Do not include alarms that occur due solely to a malfunction of the bag leak detection system in the calculation. (ii) [Reserved] (iii) Count 1 hour of alarm time for each alarm where the owner or operator initiates procedures to determine the cause within 1 hour of the alarm. (iv) Count the actual time it takes the owner or operator to initiate procedures to determine the cause of the alarm for each alarm where the owner or operator does not initiate procedures to determine the cause within 1 hour of the alarm. (v) Calculate the percentage of time the alarm on the bag leak detection system sounds as the ratio of the sum of alarm times to the total operating time multiplied by 100. [64 FR 27458, May 20, 1999, as amended at 71 FR 20462, Apr. 20, 2006; 80 FR 37399, June 30, 2015; 82 FR 5409, Jan. 18, 2017] § 63.1657 Monitoring requirements. (a) Baghouses. (2) In addition to the daily visible emissions observation, the owner or operator must conduct the following activities: (i) Daily monitoring of pressure drop across each baghouse cell, or across the baghouse if it is not possible to monitor each cell individually, to ensure the pressure drop is within the normal operating range identified in the baghouse maintenance plan. (ii) Weekly confirmation that dust is being removed from hoppers through visual inspection, or equivalent means of ensuring the proper functioning of removal mechanisms. (iii) Daily check of compressed air supply for pulse-jet baghouses. (iv) An appropriate methodology for monitoring cleaning cycles to ensure proper operation. (v) Monthly check of bag cleaning mechanisms for proper functioning through visual inspection or equivalent means. (vi) Quarterly visual check of bag tension on reverse air and shaker-type baghouses to ensure that the bags are not kinked (kneed or bent) or laying on their sides. Such checks are not required for shaker-type baghouses using self-tensioning (spring loaded) devices. (vii) Quarterly confirmation of the physical integrity of the baghouse structure through visual inspection of the baghouse interior for air leaks. (viii) Semiannual inspection of fans for wear, material buildup, and corrosion through visual inspection, vibration detectors, or equivalent means. (3) In addition to meeting the requirements of paragraphs (a)(1) and (a)(2) of this section, the owner or operator of a new or reconstructed submerged arc furnace must install and continuously operate a bag leak detection system if the furnace primary and/or tapping emissions are ducted to a negative pressure baghouse or to a positive pressure baghouse equipped with a stack. The bag leak detection system must meet the following requirements: (i) The bag leak detection system must be certified by the manufacturer to be capable of detecting particulate matter emissions at concentrations of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic foot) or less. (ii) The bag leak detection system sensor must provide output of relative particulate matter loadings, and the owner or operator must continuously record the output from the bag leak detection system. (iii) The bag leak detection system must be equipped with an alarm system that will sound when an increase in relative particulate loadings is detected over a preset level. The alarm must be located where it can be heard by the appropriate plant personnel. (iv) Each bag leak detection system that works based on the triboelectric effect must be installed, calibrated, operated, and maintained consistent with the U.S. Environmental Protection Agency guidance document “Fabric Filter Bag Leak Detection Guidance” (EPA-454/R-98-015). Other bag leak detection systems must be installed, calibrated, and maintained consistent with the manufacturer's written specifications and recommendations. (v) The initial adjustment of the system must, at a minimum, consist of establishing the baseline output by adjusting the sensitivity (range) and the averaging period of the device, and establishing the alarm set points and the alarm delay time. (vi) Following initial adjustment, the owner or operator must not adjust the sensitivity or range, averaging period, alarm set points, or alarm delay time, except as detailed in the maintenance plan required under § 63.1655(b). In no event must the sensitivity be increased by more than 100 percent or decreased more than 50 percent over a 365-day period unless a responsible official certifies the baghouse has been inspected and found to be in good operating condition. (vii) Where multiple detectors are required, the system's instrumentation and alarm may be shared among detectors. (4) As part of the maintenance plan required by § 63.1655(b), the owner or operator must develop and implement corrective action procedures to be followed in the case of a bag leak detection system alarm (for baghouses equipped with such a system), the observation of visible emissions from the baghouse, or the indication through the periodic baghouse system inspections that the system is not operating properly. The owner or operator must initiate corrective action as soon as practicable after the occurrence of the observation or event indicating a problem. (5) The corrective action plan must include procedures used to determine the cause of an alarm or other indications of problems as well as actions to minimize emissions. These actions may include the following: (i) Inspecting the baghouse for air leaks, torn or broken bags or filter media, or any other condition that may cause an increase in emissions. (ii) Sealing off defective bags or filter media. (iii) Replacing defective bags or filter media, or otherwise repairing the control device. (iv) Sealing off a defective baghouse compartment. (v) Cleaning the bag leak detection system probe, or otherwise repairing the bag leak detection system. (vi) Shutting down the process producing the particulate matter emissions. (6) Failure to monitor or failure to take corrective action under the requirements of paragraph (a) of this section would be a violation of the general duty to operate in a manner consistent with good air pollution control practices that minimizes emissions per § 63.1652(f). (b) Venturi scrubbers. (2) As part of the maintenance plan required by § 63.1655(b), the owner or operator must develop and implement corrective action procedures to be followed in the case of a violation of the pressure drop requirement. The owner or operator must initiate corrective action as soon as practicable after the excursion. (3) Failure to monitor or failure to take corrective action under the requirements of paragraph (b) of this section would be a violation of the general duty to operate in a manner consistent with good air pollution control practices that minimizes emissions per § 63.1652(f). (c) Shop opacity. (1) The owner or operator must check and record the control system fan motor amperes and capture system damper positions once per shift. (2) The owner or operator must install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate through each separately ducted hood. (3) The owner or operator must install, calibrate, and maintain a monitoring device that continuously records the volumetric flow rate at the inlet of the air pollution control device and must check and record the capture system damper positions once per shift. (4) The flow rate monitoring devices must meet the following requirements: (i) Be installed in an appropriate location in the exhaust duct such that reproducible flow rate monitoring will result. (ii) Have an accuracy ±10 percent over its normal operating range and be calibrated according to the manufacturer's instructions. (5) The Administrator may require the owner or operator to demonstrate the accuracy of the monitoring device(s) relative to Methods 1 and 2 of appendix A of part 60 of this chapter. (6) Failure to maintain the appropriate capture system parameters (fan motor amperes, flow rate, and/or damper positions) establishes the need to initiate corrective action as soon as practicable after the monitoring excursion in order to minimize excess emissions. (7) Failure to monitor or failure to take corrective action under the requirements of paragraph (c) of this section would be a violation of the general duty to operate in a manner consistent with good air pollution control practices that minimizes emissions per § 63.1652(f). [64 FR 27458, May 20, 1999, as amended at 80 FR 37399, June 30, 2015] § 63.1658 Notification requirements. (a) As required by § 63.9(b) of subpart A, unless otherwise specified in this subpart, the owner or operator must submit the following written notifications to the Administrator: (1) The owner or operator of an area source that subsequently becomes subject to the requirements of the standard must provide notification to the applicable permitting authority as required by § 63.9(b)(1). (2) As required by § 63.9(b)(2), the owner or operator of an affected source that has an initial startup before the effective date of the standard must notify the Administrator that the source is subject to the requirements of the standard. The notification must be submitted no later than 120 calendar days after May 20, 1999 (or within 120 calendar days after the source becomes subject to this standard) and must contain the information specified in § 63.9(b)(2)(i) through (b)(2)(v). (3) As required by § 63.9(b)(3), the owner or operator of a new or reconstructed affected source, or a source that has been reconstructed such that it is an affected source, that has an initial startup after the effective date and for which an application for approval of construction or reconstruction is not required under § 63.5(d), must notify the Administrator in writing that the source is subject to the standards no later than 120 days after initial startup. The notification must contain the information specified in § 63.9(b)(2)(i) through (b)(2)(v), delivered or postmarked with the notification required in § 63.9(b)(5). (4) As required by § 63.9(b)(4), the owner or operator of a new or reconstructed major affected source that has an initial startup after the effective date of this standard and for which an application for approval of construction or reconstruction is required under § 63.5(d) must provide the information specified in § 63.9(b)(4)(i) through (b)(4)(v). (5) As required by § 63.9(b)(5), the owner or operator who, after the effective date of this standard, intends to construct a new affected source or reconstruct an affected source subject to this standard, or reconstruct a source such that it becomes an affected source subject to this standard, must notify the Administrator, in writing, of the intended construction or reconstruction. (b) Request for extension of compliance. (c) Notification that source is subject to special compliance requirements. (d) Notification of performance test. (e) Notification of opacity and visible emission observations. (f) Notification of compliance status. § 63.1659 Reporting requirements. (a) General reporting requirements. (1) Frequency of reports. (2) Reporting results of performance tests. (3) [Reserved] (4) Reporting malfunctions (b) Specific reporting requirements. (1) Air pollution control devices. (2) Venturi scrubbers. (3) Fugitive dust. (4) Capture system. (5) Bag leak detection system. (i) Records of all alarms. (ii) Description of the actions taken following each bag leak detection system alarm. (iii) Calculation of the percent of time the alarm on the bag leak detection system sounded during the reporting period. (6) Frequency of reports. (ii) All other reports specified in paragraphs (b)(1) through (b)(5) of this section must be submitted semiannually. [64 FR 27458, May 20, 1999, as amended at 80 FR 37399, June 30, 2015] § 63.1660 Recordkeeping requirements. (a) General recordkeeping requirements. (2) As required by § 63.10(b)(2), the owner or operator must maintain records for 5 years from the date of each record of: (i) Records of the occurrence and duration of each malfunction of operation ( i.e. (ii) Records of actions taken during periods of malfunction to minimize emissions in accordance with § 63.1652(f), including corrective actions to restore malfunctioning process and air pollution control and monitoring equipment to its normal or usual manner of operation; (iii) All maintenance performed on the air pollution control equipment; (iv)-(v) [Reserved] (vi) All required measurements needed to demonstrate compliance with the standard and to support data that the source is required to report, including, but not limited to, performance test measurements (including initial and any subsequent performance tests) and measurements as may be necessary to determine the conditions of the initial test or subsequent tests; (vii) All results of initial or subsequent performance tests; (viii) If the owner or operator has been granted a waiver from recordkeeping or reporting requirements under § 63.10(f), any information demonstrating whether a source is meeting the requirements for a waiver of recordkeeping or reporting requirements; (ix) If the owner or operator has been granted a waiver from the initial performance test under § 63.7(h), a copy of the full request and the Administrator's approval or disapproval; (x) All documentation supporting initial notifications and notifications of compliance status required by § 63.9; and (xi) As required by § 63.10(b)(3), records of any applicability determination, including supporting analyses. (b) Specific recordkeeping requirements. (i) Records of pressure drop across the venturi if a venturi scrubber is used. (ii) Records of manufacturer certification that monitoring devices are accurate to within 5 percent (unless otherwise specified in this subpart) and of calibrations performed at the manufacturer's recommended frequency, or at a frequency consistent with good engineering practice, or as experience dictates. (iii) Records of bag leak detection system output. (iv) An identification of the date and time of all bag leak detection system alarms, the time that procedures to determine the cause of the alarm were initiated, the cause of the alarm, an explanation of the actions taken, and the date and time the alarm was corrected. (v) Copy of the written maintenance plan for each air pollution control device. (vi) Copy of the fugitive dust control plan. (vii) Records of each maintenance inspection and repair, replacement, or other corrective action. (2) All records for the most recent 2 years of operation must be maintained on site. Records for the previous 3 years may be maintained off site. [64 FR 27458, May 20, 1999, as amended at 80 FR 37400, June 30, 2015] § 63.1661 Implementation and enforcement. (a) This subpart can be implemented and enforced by the U.S. EPA, or a delegated authority such as the applicable State, local, or Tribal agency. If the U.S. EPA Administrator has delegated authority to a State, local, or Tribal agency, then that agency, in addition to the U.S. EPA, has the authority to implement and enforce this subpart. Contact the applicable U.S. EPA Regional Office to find out if this subpart is delegated to a State, local, or Tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or Tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and cannot be transferred to the State, local, or Tribal agency. (c) The authorities that cannot be delegated to State, local, or Tribal agencies are as specified in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to requirements in §§ 63.1650 and 63.1652 through 63.1654. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), as defined in § 63.90, and as required in this subpart. (3) Approval of major alternatives to monitoring under § 63.8(f), as defined in § 63.90, and as required in this subpart. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f), as defined in § 63.90, and as required in this subpart. [68 FR 37360, June 23, 2003] §§ 63.1662-63.1679 [Reserved] Table 1 to Subpart XXX of Part 63—General Provisions Applicability to Subpart XXX Reference Applies to subpart XXX Comment § 63.1 Yes § 63.2 Yes § 63.3 Yes § 63.4 Yes § 63.5 Yes § 63.6(a), (b), (c) Yes § 63.6(d) No Section reserved. § 63.6(e)(1)(i) No See §§ 63.1623(g) and 63.1652(f) for general duty requirement. § 63.6(e)(1)(ii) No § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No Section reserved. § 63.6(e)(3) No § 63.6(f)(1) No § 63.6(f)(2)-(3) Yes § 63.6(g) Yes § 63.6(h)(1) No § 63.6(h)(2)-(9) Yes § 63.6(i) Yes § 63.6(j) Yes § 63.7(a)-(d) Yes § 63.7(e)(1) No See §§ 63.1625(a)(5) and 63.1656(a)(6). § 63.7(e)(2)-(4) Yes § 63.7(f), (g), (h) Yes § 63.8(a)-(b) Yes § 63.8(c)(1)(i) No See §§ 63.1623(g) and 63.1652(f) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(iii) No § 63.8(c)(2)-(d)(2) Yes § 63.8(d)(3) Yes, except for last sentence SSM plans are not required. § 63.8(e)-(g) Yes § 63.9(a),(b),(c),(e),(g),(h)(1) through (3), (h)(5) and (6), (i) and (j) Yes § 63.9(f) Yes § 63.9(h)(4) No Section reserved. § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Yes § 63.10(b)(1) Yes § 63.10(b)(2)(i) No § 63.10(b)(2)(ii) No See §§ 63.1628 and 63.1660 for recordkeeping of (1) occurrence and duration and (2) actions taken during malfunction. § 63.10(b)(2)(iii) Yes § 63.10(b)(2)(iv)-(v) No § 63.10(b)(2)(vi)-(xiv) Yes § 63.10)(b)(3) Yes § 63.10(c)(1)-(9) Yes § 63.10(c)(10)-(11) No See §§ 63.1628 and 63.1660 for malfunction recordkeeping requirements. § 63.10(c)(12)-(14) Yes § 63.10(c)(15) No § 63.10(d)(1)-(4) Yes § 63.10(d)(5) No See §§ 63.1628(d)(8) and 63.1659(a)(4) for malfunction reporting requirements. § 63.10(e)-(f) Yes § 63.11 No Flares will not be used to comply with the emission limits. §§ 63.12-63.15 Yes [80 FR 37400, June 30, 2015, as amended at 85 FR 73902, Nov. 19, 2020] Subpart AAAA—National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills Source: 85 FR 17261, Mar. 26, 2020, unless otherwise noted. What This Subpart Covers § 63.1930 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants for existing and new municipal solid waste (MSW) landfills. (a) Before September 28, 2021, all landfills described in § 63.1935 must meet the requirements of 40 CFR part 60, subpart WWW, or an approved state or federal plan that implements 40 CFR part 60, subpart Cc, and requires timely control of bioreactors and additional reporting requirements. Landfills must also meet the startup, shutdown, and malfunction (SSM) requirements of the general provisions as specified in Table 1 to subpart AAAA of this part and must demonstrate compliance with the operating conditions by parameter monitoring results that are within the specified ranges. Specifically, landfills must meet the following requirements of this subpart that apply before September 28, 2021, as set out in: §§ 63.1955(a), 63.1955(b), 63.1965(a), 63.1965(c), 63.1975, 63.1981(a), 63.1981(b), and 63.1982, and the definitions of “Controlled landfill” and “Deviation” in § 63.1990. (b) Beginning no later than September 27, 2021, all landfills described in § 63.1935 must meet the requirements of this subpart. A landfill may choose to meet the requirements of this subpart rather than the requirements identified in § 63.1930(a) at any time before September 27, 2021. The requirements of this subpart apply at all times, including during periods of SSM, and the SSM requirements of the General Provisions of this part do not apply. § 63.1935 Am I subject to this subpart? You are subject to this subpart if you meet the criteria in paragraph (a) or (b) of this section. (a) You are subject to this subpart if you own or operate an MSW landfill that has accepted waste since November 8, 1987, or has additional capacity for waste deposition and meets any one of the three criteria in paragraphs (a)(1) through (3) of this section: (1) Your MSW landfill is a major source as defined in § 63.2 of subpart A. (2) Your MSW landfill is collocated with a major source as defined in § 63.2 of subpart A. (3) Your MSW landfill is an area source landfill that has a design capacity equal to or greater than 2.5 million megagrams (Mg) and 2.5 million cubic meters (m 3 (b) You are subject to this subpart if you own or operate an MSW landfill that has accepted waste since November 8, 1987, or has additional capacity for waste deposition, that includes a bioreactor, as defined in § 63.1990, and that meets any one of the criteria in paragraphs (b)(1) through (3) of this section: (1) Your MSW landfill is a major source as defined in § 63.2 of subpart A. (2) Your MSW landfill is collocated with a major source as defined in § 63.2 of subpart A. (3) Your MSW landfill is an area source landfill that has a design capacity equal to or greater than 2.5 million Mg and 2.5 million m 3 § 63.1940 What is the affected source of this subpart? (a) An affected source of this subpart is an MSW landfill, as defined in § 63.1990, that meets the criteria in § 63.1935(a) or (b). The affected source includes the entire disposal facility in a contiguous geographic space where household waste is placed in or on land, including any portion of the MSW landfill operated as a bioreactor. (b) A new affected source of this subpart is an affected source that commenced construction or reconstruction after November 7, 2000. An affected source is reconstructed if it meets the definition of reconstruction in § 63.2 of subpart A. (c) An affected source of this subpart is existing if it is not new. § 63.1945 When do I have to comply with this subpart? (a) If your landfill is a new affected source, you must comply with this subpart by January 16, 2003, or at the time you begin operating, whichever is later. (b) If your landfill is an existing affected source, you must comply with this subpart by January 16, 2004. § 63.1947 When do I have to comply with this subpart if I own or operate a bioreactor? You must comply with this subpart by the dates specified in § 63.1945(a) or (b). If you own or operate a bioreactor located at a landfill that is not permanently closed as of January 16, 2003, and has a design capacity equal to or greater than 2.5 million Mg and 2.5 million m 3 (a) If your bioreactor is at a new affected source, then you must meet the requirements in paragraphs (a)(1) and (2) of this section: (1) Install the gas collection and control system for the bioreactor before initiating liquids addition. (2) Begin operating the gas collection and control system within 180 days after initiating liquids addition or within 180 days after achieving a moisture content of 40 percent by weight, whichever is later. If you choose to begin gas collection and control system operation 180 days after achieving a 40-percent moisture content instead of 180 days after liquids addition, use the procedures in §§ 63.1982(c) and (d) to determine when the bioreactor moisture content reaches 40 percent. (b) If your bioreactor is at an existing affected source, then you must install and begin operating the gas collection and control system for the bioreactor by January 17, 2006, or by the date your bioreactor is required to install a gas collection and control system under 40 CFR part 60, subpart WWW; a federal plan; or an EPA-approved and effective state plan or tribal plan that applies to your landfill, whichever is earlier. (c) If your bioreactor is at an existing affected source and you do not initiate liquids addition to your bioreactor until later than January 17, 2006, then you must meet the requirements in paragraphs (c)(1) and (2) of this section: (1) Install the gas collection and control system for the bioreactor before initiating liquids addition. (2) Begin operating the gas collection and control system within 180 days after initiating liquids addition or within 180 days after achieving a moisture content of 40 percent by weight, whichever is later. If you choose to begin gas collection and control system operation 180 days after achieving a 40-percent moisture content instead of 180 days after liquids addition, use the procedures in §§ 63.1982(c) and (d) to determine when the bioreactor moisture content reaches 40 percent. [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020] § 63.1950 When am I no longer required to comply with this subpart? You are no longer required to comply with the requirements of this subpart when your landfill meets the collection and control system removal criteria in § 63.1957(b). § 63.1952 When am I no longer required to comply with the requirements of this subpart if I own or operate a bioreactor? If you own or operate a landfill that includes a bioreactor, you are no longer required to comply with the requirements of this subpart for the bioreactor provided you meet the conditions of either paragraph (a) or (b) of this section. (a) Your affected source meets the control system removal criteria in § 63.1950 or the bioreactor meets the criteria for a nonproductive area of the landfill in § 63.1962(a)(3)(ii). (b) The bioreactor portion of the landfill is a closed landfill as defined in § 63.1990, you have permanently ceased adding liquids to the bioreactor, and you have not added liquids to the bioreactor for at least 1 year. A closure report for the bioreactor must be submitted to the Administrator as provided in § 63.1981(g). Standards § 63.1955 What requirements must I meet? (a) Before September 28, 2021, if alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions have already been approved under 40 CFR part 60, subpart WWW; subpart XXX; a federal plan; or an EPA-approved and effective state or tribal plan, these alternatives can be used to comply with this subpart, except that all affected sources must comply with the SSM requirements in subpart A of this part as specified in Table 1 of this subpart and all affected sources must submit compliance reports every 6 months as specified in § 63.1981(h), including information on all deviations that occurred during the 6-month reporting period. Deviations for continuous emission monitors or numerical continuous parameter monitors must be determined using a 3-hour monitoring block average. Beginning no later than September 28, 2021, the collection and control system design plan may include for approval collection and control systems that include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping, or reporting provisions, as provided in § 63.1981(d)(2). (b) If you own or operate a bioreactor that is located at an MSW landfill that is not permanently closed and has a design capacity equal to or greater than 2.5 million Mg and 2.5 million m 3 (1) You must comply with this subpart starting on the date you are required to install the gas collection and control system. (2) You must extend the collection and control system into each new cell or area of the bioreactor prior to initiating liquids addition in that area. (c) At all times, beginning no later than September 27, 2021, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if the requirements of this subpart have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. § 63.1957 Requirements for gas collection and control system installation and removal. (a) Operation. (b) Removal criteria. (1) The landfill is a closed landfill (as defined in § 63.1990). A closure report must be submitted to the Administrator as provided in § 63.1981(f); (2) The gas collection and control system has been in operation a minimum of 15 years or the landfill owner or operator demonstrates that the gas collection and control system will be unable to operate for 15 years due to declining gas flow; and (3) Following the procedures specified in § 63.1959(c), the calculated NMOC emission rate at the landfill is less than 50 Mg/yr on three successive test dates. The test dates must be no less than 90 days apart, and no more than 180 days apart. § 63.1958 Operational standards for collection and control systems. Each owner or operator of an MSW landfill with a gas collection and control system used to comply with the provisions of § 63.1957 must: (a) Operate the collection system such that gas is collected from each area, cell, or group of cells in the MSW landfill in which solid waste has been in place for: (1) 5 years or more if active; or (2) 2 years or more if closed or at final grade; (b) Operate the collection system with negative pressure at each wellhead except under the following conditions: (1) A fire or increased well temperature. The owner or operator must record instances when positive pressure occurs in efforts to avoid a fire. These records must be submitted with the semi-annual reports as provided in § 63.1981(h); (2) Use of a geomembrane or synthetic cover. The owner or operator must develop acceptable pressure limits in the design plan; (3) A decommissioned well. A well may experience a static positive pressure after shut down to accommodate for declining flows. All design changes must be approved by the Administrator as specified in § 63.1981(d)(2); (c) Operate each interior wellhead in the collection system as specified in 40 CFR 60.753(c), until the landfill owner or operator elects to meet the operational standard for temperature in paragraph (c)(1) of this section. (1) Beginning no later than September 27, 2021, operate each interior wellhead in the collection system with a landfill gas temperature less than 62.8 degrees Celsius (145 degrees Fahrenheit). (2) The owner or operator may establish a higher operating temperature value at a particular well. A higher operating value demonstration must be submitted to the Administrator for approval and must include supporting data demonstrating that the elevated parameter neither causes fires nor significantly inhibits anaerobic decomposition by killing methanogens. The demonstration must satisfy both criteria in order to be approved ( i.e., (d)(1) Operate the collection system so that the methane concentration is less than 500 parts per million (ppm) above background at the surface of the landfill. To determine if this level is exceeded, the owner or operator must conduct surface testing around the perimeter of the collection area and along a pattern that traverses the landfill at no more than 30-meter intervals and where visual observations indicate elevated concentrations of landfill gas, such as distressed vegetation and cracks or seeps in the cover. The owner or operator may establish an alternative traversing pattern that ensures equivalent coverage. A surface monitoring design plan must be developed that includes a topographical map with the monitoring route and the rationale for any site-specific deviations from the 30-meter intervals. Areas with steep slopes or other dangerous areas may be excluded from the surface testing. (2) Beginning no later than September 27, 2021, the owner or operator must: (i) Conduct surface testing using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in § 63.1960(d). (ii) Conduct surface testing at all cover penetrations. Thus, the owner or operator must monitor any cover penetrations that are within an area of the landfill where waste has been placed and a gas collection system is required. (iii) Determine the latitude and longitude coordinates of each exceedance using an instrument with an accuracy of at least 4 meters. The coordinates must be in decimal degrees with at least five decimal places. (e) Operate the system as specified in § 60.753(e) of this chapter, except: (1) Beginning no later than September 27, 2021, operate the system in accordance to § 63.1955(c) such that all collected gases are vented to a control system designed and operated in compliance with § 63.1959(b)(2)(iii). In the event the collection or control system is not operating: (i) The gas mover system must be shut down and all valves in the collection and control system contributing to venting of the gas to the atmosphere must be closed within 1 hour of the collection or control system not operating; and (ii) Efforts to repair the collection or control system must be initiated and completed in a manner such that downtime is kept to a minimum, and the collection and control system must be returned to operation. (2) [Reserved] (f) Operate the control system at all times when the collected gas is routed to the system. (g) If monitoring demonstrates that the operational requirements in paragraph (b), (c), or (d) of this section are not met, corrective action must be taken as specified in § 63.1960(a)(3) and (5) or (c). If corrective actions are taken as specified in § 63.1960, the monitored exceedance is not a deviation of the operational requirements in this section. [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020] § 63.1959 NMOC calculation procedures. (a) Calculate the NMOC emission rate using the procedures specified in § 60.754(a) of this chapter, except: (1) NMOC emission rate. 3 O NMOC (i)(A) Equation 1 must be used if the actual year-to-year solid waste acceptance rate is known. Where: M NMOC k = Methane generation rate constant, year−1. L o 3 M i t i C NMOC 3.6 × 10−9 = Conversion factor. (B) The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value for M i (ii)(A) Equation 2 must be used if the actual year-to-year solid waste acceptance rate is unknown. Where: M NMOC L o 3 R = Average annual acceptance rate, Mg/yr. k = Methane generation rate constant, year −1 t = Age of landfill, years. C NMOC c = Time since closure, years; for active landfill c=0 and e −kc 3.6 × 10 −9 (B) The mass of nondegradable solid waste may be subtracted from the total mass of solid waste in a particular section of the landfill when calculating the value of R, if documentation of the nature and amount of such wastes is maintained. (2) Tier 1. (i) If the NMOC emission rate calculated in paragraph (a)(1) of this section is less than 50 Mg/yr, then the landfill owner or operator must submit an NMOC emission rate report according to § 63.1981(c) and must recalculate the NMOC mass emission rate annually as required under paragraph (b) of this section. (ii) If the calculated NMOC emission rate as calculated in paragraph (a)(1) of this section is equal to or greater than 50 Mg/yr, then the landfill owner must either: (A) Submit a gas collection and control system design plan within 1 year as specified in § 63.1981(d) and install and operate a gas collection and control system within 30 months of the first annual report in which the NMOC emission rate equals or exceeds 50 Mg/yr, according to paragraphs (b)(2)(ii) and (iii) of this section; (B) Determine a site-specific NMOC concentration and recalculate the NMOC emission rate using the Tier 2 procedures provided in paragraph (a)(3) of this section; or (C) Determine a site-specific methane generation rate constant and recalculate the NMOC emission rate using the Tier 3 procedures provided in paragraph (a)(4) of this section. (3) Tier 2. NMOC NMOC (i) Within 60 days after the date of completing each performance test (as defined in § 63.7 of subpart A), the owner or operator must submit the results according to § 63.1981(l)(1). (ii) The landfill owner or operator must recalculate the NMOC mass emission rate using Equation 1 or Equation 2 provided in paragraph (a)(1)(i) or (ii) of this section and use the average site-specific NMOC concentration from the collected samples instead of the default value provided in paragraph (a)(1) of this section. (iii) If the resulting NMOC mass emission rate is less than 50 Mg/yr, then the owner or operator must submit a periodic estimate of NMOC emissions in an NMOC emission rate report according to § 63.1981(c) and must recalculate the NMOC mass emission rate annually as required under paragraph (b) of this section. The site-specific NMOC concentration must be retested every 5 years using the methods specified in this section. (iv) If the NMOC mass emission rate as calculated using the Tier 2 site-specific NMOC concentration is equal to or greater than 50 Mg/yr, the landfill owner or operator must either: (A) Submit a gas collection and control system design plan within 1 year as specified in § 63.1981(d) and install and operate a gas collection and control system within 30 months according to paragraphs (b)(2)(ii) and (iii) of this section; or (B) Determine a site-specific methane generation rate constant and recalculate the NMOC emission rate using the site-specific methane generation rate using the Tier 3 procedures specified in paragraph (a)(4) of this section. (4) Tier 3. (i) If the NMOC mass emission rate as calculated using the Tier 2 site-specific NMOC concentration and Tier 3 site-specific methane generation rate is equal to or greater than 50 Mg/yr, the owner or operator must: (A) Submit a gas collection and control system design plan within 1 year as specified in § 63.1981(d) and install and operate a gas collection and control system within 30 months of the first annual report in which the NMOC emission rate equals or exceeds 50 Mg/yr, according to paragraphs (b)(2)(ii) and (iii) of this section. (B) [Reserved] (ii) If the NMOC mass emission rate is less than 50 Mg/yr, then the owner or operator must recalculate the NMOC mass emission rate annually using Equation 1 or Equation 2 in paragraph (a)(1) of this section and using the site-specific Tier 2 NMOC concentration and Tier 3 methane generation rate constant and submit a periodic NMOC emission rate report as provided in § 63.1981(c). The calculation of the methane generation rate constant is performed only once, and the value obtained from this test must be used in all subsequent annual NMOC emission rate calculations. (5) Other methods. (b) Each owner or operator of an affected source having a design capacity equal to or greater than 2.5 million Mg and 2.5 million m 3 (1) If the calculated NMOC emission rate is less than 50 Mg/yr, the owner or operator must: (i) Submit an annual NMOC emission rate emission report to the Administrator, except as provided for in § 63.1981(c)(1)(ii); and (ii) Recalculate the NMOC emission rate annually using the procedures specified in paragraph (a)(1) of this section until such time as the calculated NMOC emission rate is equal to or greater than 50 Mg/yr, or the landfill is closed. (A) If the calculated NMOC emission rate, upon initial calculation or annual recalculation required in paragraph (b) of this section, is equal to or greater than 50 Mg/yr, the owner or operator must either: comply with paragraph (b)(2) of this section or calculate NMOC emissions using the next higher tier in paragraph (a) of this section. (B) If the landfill is permanently closed, a closure report must be submitted to the Administrator as provided for in § 63.1981(f). (2) If the calculated NMOC emission rate is equal to or greater than 50 Mg/yr using Tier 1, 2, or 3 procedures, the owner or operator must either: (i) Submit a collection and control system design plan prepared by a professional engineer to the Administrator within 1 year as specified in § 63.1981(d) or calculate NMOC emissions using the next higher tier in paragraph (a) of this section. The collection and control system must meet the requirements in paragraphs (b)(2)(ii) and (iii) of this section. (ii) Collection system. Install and start up a collection and control system that captures the gas generated within the landfill as required by paragraphs (b)(2)(ii)(B) or (C) and (b)(2)(iii) of this section within 30 months after: (A) The first annual report in which the NMOC emission rate equals or exceeds 50 Mg/yr, unless Tier 2 or Tier 3 sampling demonstrates that the NMOC emission rate is less than 50 Mg. (B) An active collection system must: ( 1 ( 2 ( 3 ( 4 (C) A passive collection system must: ( 1 ( 2 (iii) Control system. Route all the collected gas to a control system that complies with the requirements in either paragraph (b)(2)(iii)(A), (B), or (C) of this section. (A) A non-enclosed flare designed and operated in accordance with the parameters established in § 63.11(b) except as noted in paragraph (e) of this section; or (B) A control system designed and operated to reduce NMOC by 98 weight-percent, or, when an enclosed combustion device is used for control, to either reduce NMOC by 98 weight-percent or reduce the outlet NMOC concentration to less than 20 ppmv, dry basis as hexane at 3-percent oxygen. The reduction efficiency or ppmv must be established by an initial performance test to be completed no later than 180 days after the initial startup of the approved control system using the test methods specified in paragraph (e) of this section. The performance test is not required for boilers and process heaters with design heat input capacities equal to or greater than 44 megawatts that burn landfill gas for compliance with this subpart. ( 1 ( 2 (C) A treatment system that processes the collected gas for subsequent sale or beneficial use such as fuel for combustion, production of vehicle fuel, production of high-British thermal unit (Btu) gas for pipeline injection, or use as a raw material in a chemical manufacturing process. Venting of treated landfill gas to the ambient air is not allowed. If the treated landfill gas cannot be routed for subsequent sale or beneficial use, then the treated landfill gas must be controlled according to either paragraph (b)(2)(iii)(A) or (B) of this section. (D) All emissions from any atmospheric vent from the gas treatment system are subject to the requirements of paragraph (b)(2)(iii)(A) or (B) of this section. For purposes of this subpart, atmospheric vents located on the condensate storage tank are not part of the treatment system and are exempt from the requirements of paragraph (b)(2)(iii)(A) or (B) of this section. (c) After the installation and startup of a collection and control system in compliance with this subpart, the owner or operator must calculate the NMOC emission rate for purposes of determining when the system can be capped, removed, or decommissioned as provided in § 63.1957(b)(3), using Equation 3: Where: M NMOC Q LFG 3 C NMOC 1.89 × 10 −3 (1) The flow rate of landfill gas, Q LFG (2) The average NMOC concentration, C NMOC NMOC NMOC (3) The owner or operator may use another method to determine landfill gas flow rate and NMOC concentration if the method has been approved by the Administrator. (i) Within 60 days after the date of completing each performance test (as defined in § 63.7), the owner or operator must submit the results of the performance test, including any associated fuel analyses, according to § 63.1981(l)(1). (ii) [Reserved] (d) For the performance test required in § 63.1959(b)(2)(iii)(B), EPA Method 25 or 25C (EPA Method 25C of appendix A-7 to part 60 of this chapter may be used at the inlet only) of appendix A of this part must be used to determine compliance with the 98 weight-percent efficiency or the 20- ppmv outlet concentration level, unless another method to demonstrate compliance has been approved by the Administrator as provided by § 63.1981(d)(2). EPA Method 3, 3A, or 3C of appendix A-7 to part 60 must be used to determine oxygen for correcting the NMOC concentration as hexane to 3 percent. In cases where the outlet concentration is less than 50 ppm NMOC as carbon (8 ppm NMOC as hexane), EPA Method 25A should be used in place of EPA Method 25. EPA Method 18 may be used in conjunction with EPA Method 25A on a limited basis (compound specific, e.g., NMOC NMOC Where: NMOC in NMOC out (e) For the performance test required in § 63.1959(b)(2)(iii)(A), the net heating value of the combusted landfill gas as determined in § 63.11(b)(6)(ii) is calculated from the concentration of methane in the landfill gas as measured by EPA Method 3C of appendix A to part 60 of this chapter. A minimum of three 30-minute EPA Method 3C samples are determined. The measurement of other organic components, hydrogen, and carbon monoxide is not applicable. EPA Method 3C may be used to determine the landfill gas molecular weight for calculating the flare gas exit velocity under § 63.11(b)(7) of subpart A. (1) Within 60 days after the date of completing each performance test (as defined in § 63.7), the owner or operator must submit the results of the performance tests, including any associated fuel analyses, required by § 63.1959(c) or (e) according to § 63.1981(l)(1). (2) [Reserved] (f) The performance tests required in §§ 63.1959(b)(2)(iii)(A) and (B), must be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020] § 63.1960 Compliance provisions. (a) Except as provided in § 63.1981(d)(2), the specified methods in paragraphs (a)(1) through (5) of this section must be used to determine whether the gas collection system is in compliance with § 63.1959(b)(2)(ii). (1) For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with § 63.1959(b)(2)(ii)(C)(1), either Equation 5 or Equation 6 must be used. The owner or operator may use another method to determine the maximum gas generation flow rate, if the method has been approved by the Administrator. The methane generation rate constant (k) and methane generation potential (L o Compilation of Air Pollutant Emission Factors (i) For sites with unknown year-to-year solid waste acceptance rate: Where: Qm = Maximum expected gas generation flow rate, m 3 L o 3 R = Average annual acceptance rate, Mg/yr. k = Methane generation rate constant, year −1 t = Age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation, years. c = Time since closure, years (for an active landfill c = 0 and e −kc 2 = Constant. (ii) For sites with known year-to-year solid waste acceptance rate: Where: Qm = Maximum expected gas generation flow rate, m 3 k = Methane generation rate constant, year −1 L o 3 M i t i (iii) If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, Equation 5 or Equation 6 in paragraphs (a)(1)(i) and (ii) of this section. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using Equation 5 or Equation 6 in paragraph (a)(1)(i) or (ii) of this section or other methods must be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment. (2) For the purposes of determining sufficient density of gas collectors for compliance with § 63.1959(b)(2)(ii)(B)( 2 (3) For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with § 63.1959(b)(2)(ii)(B)( 3 (i) Beginning no later than September 27, 2021, if a positive pressure exists, action must be initiated to correct the exceedance within 5 days, except for the three conditions allowed under § 63.1958(b). (A) If negative pressure cannot be achieved without excess air infiltration within 15 days of the first measurement of positive pressure, the owner or operator must conduct a root cause analysis and correct the exceedance as soon as practicable, but no later than 60 days after positive pressure was first measured. The owner or operator must keep records according to § 63.1983(e)(3). (B) If corrective actions cannot be fully implemented within 60 days following the positive pressure measurement for which the root cause analysis was required, the owner or operator must also conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the positive pressure measurement. The owner or operator must submit the items listed in § 63.1981(h)(7) as part of the next semi-annual report. The owner or operator must keep records according to § 63.1983(e)(4). (C) If corrective action is expected to take longer than 120 days to complete after the initial exceedance, the owner or operator must submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Administrator, according to § 63.1981(j). The owner or operator must keep records according to § 63.1983(e)(5). (ii) [Reserved] (4) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the temperature and nitrogen or oxygen operational standards in introductory paragraph § 63.1958(c), for the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner or operator must follow the procedures as specified in § 60.755(a)(5) of this chapter, except: (i) Once an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), the owner or operator must monitor each well monthly for temperature for the purpose of identifying whether excess air infiltration exists. If a well exceeds the operating parameter for temperature as provided in § 63.1958(c)(1), action must be initiated to correct the exceedance within 5 days. Any attempted corrective measure must not cause exceedances of other operational or performance standards. (A) If a landfill gas temperature less than or equal to 62.8 degrees Celsius (145 degrees Fahrenheit) cannot be achieved within 15 days of the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit), the owner or operator must conduct a root cause analysis and correct the exceedance as soon as practicable, but no later than 60 days after a landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit) was first measured. The owner or operator must keep records according to § 63.1983(e)(3). (B) If corrective actions cannot be fully implemented within 60 days following the temperature measurement for which the root cause analysis was required, the owner or operator must also conduct a corrective action analysis and develop an implementation schedule to complete the corrective action(s) as soon as practicable, but no more than 120 days following the measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit). The owner or operator must submit the items listed in § 63.1981(h)(7) as part of the next semi-annual report. The owner or operator must keep records according to § 63.1983(e)(4). (C) If corrective action is expected to take longer than 120 days to complete after the initial exceedance, the owner or operator must submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Administrator, according to § 63.1981(h)(7) and (j). The owner or operator must keep records according to § 63.1983(e)(5). (D) If a landfill gas temperature measured at either the wellhead or at any point in the well is greater than or equal to 76.7 degrees Celsius (170 degrees Fahrenheit) and the carbon monoxide concentration measured, according to the procedures in § 63.1961(a)(5)(vi) is greater than or equal to 1,000 ppmv the corrective action(s) for the wellhead temperature standard (62.8 degrees Celsius or 145 degrees Fahrenheit) must be completed within 15 days. (5) An owner or operator seeking to demonstrate compliance with § 63.1959(b)(2)(ii)(B)( 4 (b) For purposes of compliance with § 63.1958(a), each owner or operator of a controlled landfill must place each well or design component as specified in the approved design plan as provided in § 63.1981(d). Each well must be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of: (1) 5 years or more if active; or (2) 2 years or more if closed or at final grade. (c) The following procedures must be used for compliance with the surface methane operational standard as provided in § 63.1958(d). (1) After installation and startup of the gas collection system, the owner or operator must monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30 meter intervals (or a site-specific established spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in paragraph (d) of this section. (2) The background concentration must be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells. (3) Surface emission monitoring must be performed in accordance with section 8.3.1 of EPA Method 21 of appendix A-7 of part 60 of this chapter, except that the probe inlet must be placed within 5 to 10 centimeters of the ground. Monitoring must be performed during typical meteorological conditions. (4) Any reading of 500 ppm or more above background at any location must be recorded as a monitored exceedance and the actions specified in paragraphs (c)(4)(i) through (v) of this section must be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of § 63.1958(d). (i) The location of each monitored exceedance must be marked and the location and concentration recorded. Beginning no later than September 27, 2021, the location must be recorded using an instrument with an accuracy of at least 4 meters. The coordinates must be in decimal degrees with at least five decimal places. (ii) Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance must be made and the location must be re-monitored within 10 days of detecting the exceedance. (iii) If the re-monitoring of the location shows a second exceedance, additional corrective action must be taken and the location must be monitored again within 10 days of the second exceedance. If the re-monitoring shows a third exceedance for the same location, the action specified in paragraph (c)(4)(v) of this section must be taken, and no further monitoring of that location is required until the action specified in paragraph (c)(4)(v) of this section has been taken. (iv) Any location that initially showed an exceedance but has a methane concentration less than 500 ppm methane above background at the 10-day re-monitoring specified in paragraph (c)(4)(ii) or (iii) of this section must be re-monitored 1 month from the initial exceedance. If the 1-month re-monitoring shows a concentration less than 500 ppm above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month re-monitoring shows an exceedance, the actions specified in paragraph (c)(4)(iii) or (v) of this section must be taken. (v) For any location where monitored methane concentration equals or exceeds 500 ppm above background three times within a quarterly period, a new well or other collection device must be installed within 120 days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the Administrator for approval. (5) The owner or operator must implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis. (d) Each owner or operator seeking to comply with the provisions in paragraph (c) of this section must comply with the following instrumentation specifications and procedures for surface emission monitoring devices: (1) The portable analyzer must meet the instrument specifications provided in section 6 of EPA Method 21 of appendix A of part 60 of this chapter, except that “methane” replaces all references to “VOC”. (2) The calibration gas must be methane, diluted to a nominal concentration of 500 ppm in air. (3) To meet the performance evaluation requirements in section 8.1 of EPA Method 21 of appendix A of part 60 of this chapter, the instrument evaluation procedures of section 8.1 of EPA Method 21 of appendix A of part 60 must be used. (4) The calibration procedures provided in sections 8 and 10 of EPA Method 21 of appendix A of part 60 of this chapter must be followed immediately before commencing a surface monitoring survey. (e)(1) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standards in introductory paragraph § 63.1958(e), the provisions of this subpart apply at all times, except during periods of SSM, provided that the duration of SSM does not exceed 5 days for collection systems and does not exceed 1 hour for treatment or control devices. You must comply with the provisions in Table 1 to subpart AAAA that apply before September 28, 2021. (2) Once an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard in § 63.1958(e)(1), the provisions of this subpart apply at all times, including periods of SSM. During periods of SSM, you must comply with the work practice requirement specified in § 63.1958(e) in lieu of the compliance provisions in § 63.1960. [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64400, Oct. 13, 2020; 87 FR 8203, Feb. 14, 2022] § 63.1961 Monitoring of operations. Except as provided in § 63.1981(d)(2): (a) Each owner or operator seeking to comply with § 63.1959(b)(2)(ii)(B) for an active gas collection system must install a sampling port and a thermometer, other temperature measuring device, or an access port for temperature measurements at each wellhead and: (1) Measure the gauge pressure in the gas collection header on a monthly basis as provided in § 63.1960(a)(3); and (2) Monitor nitrogen or oxygen concentration in the landfill gas on a monthly basis as follows: (i) The nitrogen level must be determined using EPA Method 3C of appendix A-2 to part 60 of this chapter, unless an alternative test method is established as allowed by § 63.1981(d)(2). (ii) Unless an alternative test method is established as allowed by § 63.1981(d)(2), the oxygen level must be determined by an oxygen meter using EPA Method 3A or 3C of appendix A-2 to part 60 of this chapter or ASTM D6522-11 (incorporated by reference, see § 63.14). Determine the oxygen level by an oxygen meter using EPA Method 3A or 3C of appendix A-2 to part 60 or ASTM D6522-11 (if sample location is prior to combustion) except that: (A) The span must be set between 10- and 12-percent oxygen; (B) A data recorder is not required; (C) Only two calibration gases are required, a zero and span; (D) A calibration error check is not required; and (E) The allowable sample bias, zero drift, and calibration drift are ±10 percent. (iii) A portable gas composition analyzer may be used to monitor the oxygen levels provided: (A) The analyzer is calibrated; and (B) The analyzer meets all quality assurance and quality control requirements for EPA Method 3A of appendix A-2 to part 60 of this chapter or ASTM D6522-11 (incorporated by reference, see § 63.14). (3) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the temperature and nitrogen or oxygen operational standards in introductory paragraph § 63.1958(c), the owner or operator must follow the procedures as specified in § 60.756(a)(2) and (3) of this chapter. Monitor temperature of the landfill gas on a monthly basis as provided in § 63.1960(a)(4). The temperature measuring device must be calibrated annually using the procedure in Section 10.3 of EPA Method 2 of appendix A-1 to part 60 of this chapter. (4) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), monitor temperature of the landfill gas on a monthly basis as provided in § 63.1960(a)(4). The temperature measuring device must be calibrated annually using the procedure in Section 10.3 of EPA Method 2 of appendix A-1 to part 60 of this chapter. Keep records specified in § 63.1983(e). (5) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), unless a higher operating temperature value has been approved by the Administrator under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a federal plan or EPA-approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf, you must initiate enhanced monitoring at each well with a measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit) as follows: (i) Visual observations for subsurface oxidation events (smoke, smoldering ash, damage to well) within the radius of influence of the well. (ii) Monitor oxygen concentration as provided in paragraph (a)(2) of this section; (iii) Monitor temperature of the landfill gas at the wellhead as provided in paragraph (a)(4) of this section. (iv) Monitor temperature of the landfill gas every 10 vertical feet of the well as provided in paragraph (a)(6) of this section. (v) Monitor the methane concentration with a methane meter using EPA Method 3C of appendix A-6 to part 60, EPA Method 18 of appendix A-6 to part 60 of this chapter, or a portable gas composition analyzer to monitor the methane levels provided that the analyzer is calibrated and the analyzer meets all quality assurance and quality control requirements for EPA Method 3C or EPA Method 18. (vi) Monitor and determine carbon monoxide concentrations, as follows: (A) Collect the sample from the wellhead sampling port in a passivated canister or multi-layer foil gas sampling bag (such as the Cali-5-Bond Bag) and analyze that sample using EPA Method 10 of appendix A-4 to part 60 of this chapter, or an equivalent method with a detection limit of at least 100 ppmv of carbon monoxide in high concentrations of methane; or (B) Collect and analyze the sample from the wellhead using EPA Method 10 of appendix A-4 to part 60 to measure carbon monoxide concentrations. (C) When sampling directly from the wellhead, you must sample for 5 minutes plus twice the response time of the analyzer. These values must be recorded. The five 1-minute averages are then averaged to give you the carbon monoxide reading at the wellhead. (D) When collecting samples in a passivated canister or multi-layer foil sampling bag, you must sample for the period of time needed to assure that enough sample is collected to provide five (5) consecutive, 1-minute samples during the analysis of the canister or bag contents, but no less than 5 minutes plus twice the response time of the analyzer. The five (5) consecutive, 1-minute averages are then averaged together to give you a carbon monoxide value from the wellhead. (vii) The enhanced monitoring described in this paragraph (a)(5) must begin 7 calendar days after the first measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit); and (viii) The enhanced monitoring in this paragraph (a)(5) must be conducted on a weekly basis. If four consecutive weekly carbon monoxide readings are under 100 ppmv, then enhanced monitoring may be decreased to monthly. However, if carbon monoxide readings exceed 100 ppmv again, the landfill must return to weekly monitoring. (ix) The enhanced monitoring in this paragraph (a)(5) can be stopped once a higher operating value is approved, at which time the monitoring provisions issued with the higher operating value should be followed, or once the measurement of landfill gas temperature at the wellhead is less than or equal to 62.8 degrees Celsius (145 degrees Fahrenheit). (6) For each wellhead with a measurement of landfill gas temperature greater than or equal to 73.9 degrees Celsius (165 degrees Fahrenheit), annually monitor temperature of the landfill gas every 10 vertical feet of the well. This temperature can be monitored either with a removable thermometer, or using temporary or permanent thermocouples installed in the well. (b) Each owner or operator seeking to comply with § 63.1959(b)(2)(iii) using an enclosed combustor must calibrate, maintain, and operate according to the manufacturer's specifications, the following equipment: (1) A temperature monitoring device equipped with a continuous recorder and having a minimum accuracy of ±1 percent of the temperature being measured expressed in degrees Celsius or ±0.5 degrees Celsius, whichever is greater. A temperature monitoring device is not required for boilers or process heaters with design heat input capacity equal to or greater than 44 megawatts. (2) A device that records flow to the control device and bypass of the control device (if applicable). The owner or operator must: (i) Install, calibrate, and maintain a gas flow rate measuring device that must record the flow to the control device at least every 15 minutes; and (ii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism must be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line. (c) Each owner or operator seeking to comply with § 63.1959(b)(2)(iii) using a non-enclosed flare must install, calibrate, maintain, and operate according to the manufacturer's specifications the following equipment: (1) A heat sensing device, such as an ultraviolet beam sensor or thermocouple, at the pilot light or the flame itself to indicate the continuous presence of a flame; and (2) A device that records flow to the flare and bypass of the flare (if applicable). The owner or operator must: (i) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the control device at least every 15 minutes; and (ii) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism must be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line. (d) Each owner or operator seeking to demonstrate compliance with § 63.1959(b)(2)(iii) using a device other than a non-enclosed flare or an enclosed combustor or a treatment system must provide information satisfactory to the Administrator as provided in § 63.1981(d)(2) describing the operation of the control device, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Administrator must review the information and either approve it, or request that additional information be submitted. The Administrator may specify additional appropriate monitoring procedures. (e) Each owner or operator seeking to install a collection system that does not meet the specifications in § 63.1962 or seeking to monitor alternative parameters to those required by §§ 63.1958 through 63.1961 must provide information satisfactory to the Administrator as provided in § 63.1981(d)(2) and (3) describing the design and operation of the collection system, the operating parameters that would indicate proper performance, and appropriate monitoring procedures. The Administrator may specify additional appropriate monitoring procedures. (f) Each owner or operator seeking to demonstrate compliance with the 500-ppm surface methane operational standard in § 63.1958(d) must monitor surface concentrations of methane according to the procedures in § 63.1960(c) and the instrument specifications in § 63.1960(d). If you are complying with the 500-ppm surface methane operational standard in § 63.1958(d)(2), for location, you must determine the latitude and longitude coordinates of each exceedance using an instrument with an accuracy of at least 4 meters and the coordinates must be in decimal degrees with at least five decimal places. In the semi-annual report in § 63.1981(h), you must report the location of each exceedance of the 500-ppm methane concentration as provided in § 63.1958(d) and the concentration recorded at each location for which an exceedance was recorded in the previous month. Any closed landfill that has no monitored exceedances of the operational standard in three consecutive quarterly monitoring periods may skip to annual monitoring. Any methane reading of 500 ppm or more above background detected during the annual monitoring returns the frequency for that landfill to quarterly monitoring. (g) Each owner or operator seeking to demonstrate compliance with § 63.1959(b)(2)(iii)(C) using a landfill gas treatment system must calibrate, maintain, and operate according to the manufacturer's specifications a device that records flow to the treatment system and bypass of the treatment system (if applicable). Beginning no later than September 27, 2021, each owner or operator must maintain and operate all monitoring systems associated with the treatment system in accordance with the site-specific treatment system monitoring plan required in § 63.1983(b)(5)(ii). The owner or operator must: (1) Install, calibrate, and maintain a gas flow rate measuring device that records the flow to the treatment system at least every 15 minutes; and (2) Secure the bypass line valve in the closed position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism must be performed at least once every month to ensure that the valve is maintained in the closed position and that the gas flow is not diverted through the bypass line. (h) The monitoring requirements of paragraphs (a), (b), (c), (d), and (g) of this section apply at all times the affected source is operating, except for periods of monitoring system malfunctions, repairs associated with monitoring system malfunctions, and required monitoring system quality assurance or quality control activities. A monitoring system malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring system failures that are caused in part by poor maintenance or careless operation are not malfunctions. You are required to complete monitoring system repairs in response to monitoring system malfunctions and to return the monitoring system to operation as expeditiously as practicable. Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the temperature and nitrogen or oxygen operational standards in introductory paragraph § 63.1958(c)(1), (d)(2), and (e)(1), the standards apply at all times. [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8203, Feb. 14, 2022] § 63.1962 Specifications for active collection systems. (a) Each owner or operator seeking to comply with § 63.1959(b)(2)(i) must site active collection wells, horizontal collectors, surface collectors, or other extraction devices at a sufficient density throughout all gas producing areas using the following procedures unless alternative procedures have been approved by the Administrator as provided in § 63.1981(d)(2) and (3): (1) The collection devices within the interior must be certified to achieve comprehensive control of surface gas emissions by a professional engineer. The following issues must be addressed in the design: Depths of refuse, refuse gas generation rates and flow characteristics, cover properties, gas system expandability, leachate and condensate management, accessibility, compatibility with filling operations, integration with closure end use, air intrusion control, corrosion resistance, fill settlement, resistance to the refuse decomposition heat, and ability to isolate individual components or sections for repair or troubleshooting without shutting down entire collection system. (2) The sufficient density of gas collection devices determined in paragraph (a)(1) of this section must address landfill gas migration issues and augmentation of the collection system through the use of active or passive systems at the landfill perimeter or exterior. (3) The placement of gas collection devices determined in paragraph (a)(1) of this section must control all gas producing areas, except as provided by paragraphs (a)(3)(i) and (ii) of this section. (i) Any segregated area of asbestos or nondegradable material may be excluded from collection if documented as provided under § 63.1983(d). The documentation must provide the nature, date of deposition, location and amount of asbestos or nondegradable material deposited in the area and must be provided to the Administrator upon request. (ii) Any nonproductive area of the landfill may be excluded from control, provided that the total of all excluded areas can be shown to contribute less than 1 percent of the total amount of NMOC emissions from the landfill. The amount, location, and age of the material must be documented and provided to the Administrator upon request. A separate NMOC emissions estimate must be made for each section proposed for exclusion, and the sum of all such sections must be compared to the NMOC emissions estimate for the entire landfill. (A) The NMOC emissions from each section proposed for exclusion must be computed using Equation 7: Where: Q i k = Methane generation rate constant, year −1 L o 3 M i t i C NMOC 3.6 × 10 −9 (B) If the owner/operator is proposing to exclude, or cease gas collection and control from, nonproductive physically separated ( e.g., (iii) The values for k and C NMOC o NMOC (b) Each owner or operator seeking to comply with § 63.1959(b)(2)(ii) must construct the gas collection devices using the following equipment or procedures: (1) The landfill gas extraction components must be constructed of polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, fiberglass, stainless steel, or other nonporous corrosion resistant material of suitable dimensions to: Convey projected amounts of gases; withstand installation, static, and settlement forces; and withstand planned overburden or traffic loads. The collection system must extend as necessary to comply with emission and migration standards. Collection devices such as wells and horizontal collectors must be perforated to allow gas entry without head loss sufficient to impair performance across the intended extent of control. Perforations must be situated with regard to the need to prevent excessive air infiltration. (2) Vertical wells must be placed so as not to endanger underlying liners and must address the occurrence of water within the landfill. Holes and trenches constructed for piped wells and horizontal collectors must be of sufficient cross-section so as to allow for their proper construction and completion including, for example, centering of pipes and placement of gravel backfill. Collection devices must be designed so as not to allow indirect short circuiting of air into the cover or refuse into the collection system or gas into the air. Any gravel used around pipe perforations should be of a dimension so as not to penetrate or block perforations. (3) Collection devices may be connected to the collection header pipes below or above the landfill surface. The connector assembly must include a positive closing throttle valve, any necessary seals and couplings, access couplings and at least one sampling port. The collection devices must be constructed of PVC, HDPE, fiberglass, stainless steel, or other nonporous material of suitable thickness. (c) Each owner or operator seeking to comply with § 63.1959(b)(2)(iii) must convey the landfill gas to a control system in compliance with § 63.1959(b)(2)(iii) through the collection header pipe(s). The gas mover equipment must be sized to handle the maximum gas generation flow rate expected over the intended use period of the gas moving equipment using the following procedures: (1) For existing collection systems, the flow data must be used to project the maximum flow rate. If no flow data exists, the procedures in paragraph (c)(2) of this section must be used. (2) For new collection systems, the maximum flow rate must be in accordance with § 63.1960(a)(1). General and Continuing Compliance Requirements § 63.1964 How is compliance determined? Compliance is determined using performance testing, collection system monitoring, continuous parameter monitoring, and other credible evidence. In addition, continuous parameter monitoring data collected under § 63.1961(b)(1), (c)(1), and (d) are used to demonstrate compliance with the operating standards for control systems. If a deviation occurs, you have failed to meet the control device operating standards described in this subpart and have deviated from the requirements of this subpart. (a) Before September 28, 2021, you must develop a written SSM plan according to the provisions in § 63.6(e)(3) of subpart A. A copy of the SSM plan must be maintained on site. Failure to write or maintain a copy of the SSM plan is a deviation from the requirements of this subpart. (b) After September 27, 2021, the SSM provisions of § 63.6(e) of subpart A no longer apply to this subpart and the SSM plan developed under paragraph (a) of this section no longer applies. Compliance with the emissions standards and the operating standards of § 63.1958 of this subpart is required at all times. § 63.1965 What is a deviation? A deviation is defined in § 63.1990. For the purposes of the landfill monitoring and SSM plan requirements, deviations include the items in paragraphs (a) through (c) of this section. (a) A deviation occurs when the control device operating parameter boundaries described in § 63.1983(c)(1) are exceeded. (b) A deviation occurs when 1 hour or more of the hours during the 3-hour block averaging period does not constitute a valid hour of data. A valid hour of data must have measured values for at least three 15-minute monitoring periods within the hour. (c) Before September 28, 2021, a deviation occurs when a SSM plan is not developed or maintained on site and when an affected source fails to meet any emission limitation, (including any operating limit), or work practice requirement in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart. § 63.1975 How do I calculate the 3-hour block average used to demonstrate compliance? Before September 28, 2021, averages are calculated in the same way as they are calculated in § 60.758(b)(2)(i) of this subchapter for average combustion temperature and § 60.758(c) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the events listed in paragraphs (a) through (d) of this section are not to be included in any average computed under this subpart. Beginning no later than September 27, 2021, averages are calculated according to § 63.1983(b)(2)(i) for average combustion temperature and § 63.1983(c)(1)(i) for 3-hour average combustion temperature for enclosed combustors, except that the data collected during the event listed in paragraph (a) of this section are not to be included in any average computed under this subpart. (a) Monitoring system breakdowns, repairs, calibration checks, and zero (low-level) and high-level adjustments. (b) Startups. (c) Shutdowns. (d) Malfunctions. [85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022] Notifications, Records, and Reports § 63.1981 What reports must I submit? You must submit the reports specified in this section and the reports specified in Table 1 to this subpart. If you have previously submitted a design capacity report, amended design capacity report, initial NMOC emission rate report, initial or revised collection and control system design plan, closure report, equipment removal report, or initial performance test under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a federal plan or EPA-approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf, then that submission constitutes compliance with the design capacity report in paragraph (a) of this section, the amended design capacity report in paragraph (b) of this section, the initial NMOC emission rate report in paragraph (c) of this section, the initial collection and control system design plan in paragraph (d) of this section, the revised design plan in paragraph (e) of this section, the closure report in paragraph (f) of this section, the equipment removal report in paragraph (g) of this section, and the initial performance test report in paragraph (i) of this section. You do not need to re-submit the report(s). However, you must include a statement certifying prior submission of the respective report(s) and the date of submittal in the first semi-annual report required in this section. (a) Initial design capacity report. (1) A map or plot of the landfill, providing the size and location of the landfill, and identifying all areas where solid waste may be landfilled according to the permit issued by the state, local, or tribal agency responsible for regulating the landfill. (2) The maximum design capacity of the landfill. Where the maximum design capacity is specified in the permit issued by the state, local, or tribal agency responsible for regulating the landfill, a copy of the permit specifying the maximum design capacity may be submitted as part of the report. If the maximum design capacity of the landfill is not specified in the permit, the maximum design capacity must be calculated using good engineering practices. The calculations must be provided, along with the relevant parameters as part of the report. The landfill may calculate design capacity in either Mg or m 3 3 (b) Amended design capacity report. 3 (c) NMOC emission rate report. (1) The NMOC emission rate report must contain an annual or 5-year estimate of the NMOC emission rate calculated using the formula and procedures provided in § 63.1959(a) or (b), as applicable. (i) The initial NMOC emission rate report must be submitted no later than 90 days after the date of commenced construction, modification, or reconstruction for landfills that commence construction, modification, or reconstruction on or after March 12, 1996. (ii) Subsequent NMOC emission rate reports must be submitted annually thereafter, except as provided for in paragraph (c)(1)(ii)(A) of this section. (A) If the estimated NMOC emission rate as reported in the annual report to the Administrator is less than 50 Mg/yr in each of the next 5 consecutive years, the owner or operator may elect to submit, an estimate of the NMOC emission rate for the next 5-year period in lieu of the annual report. This estimate must include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the 5 years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based must be provided to the Administrator. This estimate must be revised at least once every 5 years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the 5-year estimate, a revised 5-year estimate must be submitted to the Administrator. The revised estimate must cover the 5-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate. (B) The report must be submitted following the procedure specified in paragraph (l)(2) of this section. (2) The NMOC emission rate report must include all the data, calculations, sample reports and measurements used to estimate the annual or 5-year emissions. (3) Each owner or operator subject to the requirements of this subpart is exempted from the requirements to submit an NMOC emission rate report, after installing a collection and control system that complies with § 63.1959(b)(2), during such time as the collection and control system is in operation and in compliance with §§ 63.1958 and 63.1960. (d) Collection and control system design plan. (1) The collection and control system as described in the design plan must meet the design requirements in § 63.1959(b)(2). (2) The collection and control system design plan must include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of §§ 63.1957 through 63.1983 proposed by the owner or operator. (3) The collection and control system design plan must either conform with specifications for active collection systems in § 63.1962 or include a demonstration to the Administrator's satisfaction of the sufficiency of the alternative provisions to § 63.1962. (4) Each owner or operator of an MSW landfill affected by this subpart must submit a collection and control system design plan to the Administrator for approval within 1 year of becoming subject to this subpart. (5) The landfill owner or operator must notify the Administrator that the design plan is completed and submit a copy of the plan's signature page. The Administrator has 90 days to decide whether the design plan should be submitted for review. If the Administrator chooses to review the plan, the approval process continues as described in paragraph (d)(6) of this section. In the event that the design plan is required to be modified to obtain approval, the owner or operator must take any steps necessary to conform any prior actions to the approved design plan and any failure to do so could result in an enforcement action. (6) Upon receipt of an initial or revised design plan, the Administrator must review the information submitted under paragraphs (d)(1) through (3) of this section and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems. (e) Revised design plan. (1) At least 90 days before expanding operations to an area not covered by the previously approved design plan. (2) Prior to installing or expanding the gas collection system in a way that is not consistent with the design plan that was submitted to the Administrator according to paragraph (d) of this section. (f) Closure report. (g) Equipment removal report. (1) Beginning no later than September 27, 2021, the equipment removal report must contain all of the following items: (i) A copy of the closure report submitted in accordance with paragraph (f) of this section; (ii) A copy of the initial performance test report demonstrating that the 15-year minimum control period has expired, or information that demonstrates that the gas collection and control system will be unable to operate for 15 years due to declining gas flows. In the equipment removal report, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in lieu of the performance test report if the report has been previously submitted to the EPA's Central Data Exchange (CDX); and (iii) Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing 50 Mg or greater of NMOC per year. If the NMOC emission rate reports have been previously submitted to the EPA's CDX, a statement that the NMOC emission rate reports have been submitted electronically and the dates that the reports were submitted to the EPA's CDX may be submitted in the equipment removal report in lieu of the NMOC emission rate reports. (2) The Administrator may request such additional information as may be necessary to verify that all of the conditions for removal in § 63.1957(b) have been met. (h) Semi-annual report. (1) Number of times that applicable parameters monitored under § 63.1958(b), (c), and (d) were exceeded and when the gas collection and control system was not operating under § 63.1958(e), including periods of SSM. For each instance, report the date, time, and duration of each exceedance. (i) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the temperature and nitrogen or oxygen operational standards in introductory paragraph § 63.1958(c), provide a statement of the wellhead operational standard for temperature and oxygen you are complying with for the period covered by the report. Indicate the number of times each of those parameters monitored under § 63.1961(a)(3) were exceeded. For each instance, report the date, time, and duration of each exceedance. (ii) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), provide a statement of the wellhead operational standard for temperature and oxygen you are complying with for the period covered by the report. Indicate the number of times each of those parameters monitored under § 63.1961(a)(4) were exceeded. For each instance, report the date, time, and duration of each exceedance. (iii) Beginning no later than September 27, 2021, number of times the parameters for the site-specific treatment system in § 63.1961(g) were exceeded. (2) Description and duration of all periods when the gas stream was diverted from the control device or treatment system through a bypass line or the indication of bypass flow as specified under § 63.1961. (3) Description and duration of all periods when the control device or treatment system was not operating and length of time the control device or treatment system was not operating. (4) All periods when the collection system was not operating. (5) The location of each exceedance of the 500-ppm methane concentration as provided in § 63.1958(d) and the concentration recorded at each location for which an exceedance was recorded in the previous month. Beginning no later than September 27, 2021, for location, you record the latitude and longitude coordinates of each exceedance using an instrument with an accuracy of at least 4 meters. The coordinates must be in decimal degrees with at least five decimal places. (6) The date of installation and the location of each well or collection system expansion added pursuant to § 63.1960(a)(3) and (4), (b), and (c)(4). (7) For any corrective action analysis for which corrective actions are required in § 63.1960(a)(3)(i) or (a)(5) and that take more than 60 days to correct the exceedance, the root cause analysis conducted, including a description of the recommended corrective action(s), the date for corrective action(s) already completed following the positive pressure or high temperature reading, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (8) Each owner or operator required to conduct enhanced monitoring in §§ 63.1961(a)(5) and (6) must include the results of all monitoring activities conducted during the period. (i) For each monitoring point, report the date, time, and well identifier along with the value and units of measure for oxygen, temperature (wellhead and downwell), methane, and carbon monoxide. (ii) Include a summary trend analysis for each well subject to the enhanced monitoring requirements to chart the weekly readings over time for oxygen, wellhead temperature, methane, and weekly or monthly readings over time, as applicable for carbon monoxide. (iii) Include the date, time, staff person name, and description of findings for each visual observation for subsurface oxidation event. (i) Initial performance test report. (1) A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion; (2) The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based; (3) The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material; (4) The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area; (5) The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and (6) The provisions for the control of off-site migration. (j) Corrective action and the corresponding timeline. (1) For corrective action that is required according to § 63.1960(a)(3) or (4) and is not completed within 60 days after the initial exceedance, you must submit a notification to the Administrator as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature exceedance. (2) For corrective action that is required according to § 63.1960(a)(3) or (4) and is expected to take longer than 120 days after the initial exceedance to complete, you must submit the root cause analysis, corrective action analysis, and corresponding implementation timeline to the Administrator as soon as practicable but no later than 75 days after the first measurement of positive pressure or temperature monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above unless a higher operating temperature value has been approved by the Administrator for the well under this subpart or under 40 CFR part 60, subpart WWW; 40 CFR part 60, subpart XXX; or a Federal plan or EPA approved and effective state plan or tribal plan that implements either 40 CFR part 60, subpart Cc or 40 CFR part 60, subpart Cf. The Administrator must approve the plan for corrective action and the corresponding timeline. (k) 24-hour high temperature report. (l) Electronic reporting. (1) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (l)(1)(i) through (iii) of this section. (i) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (ii) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (iii) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (l)(1)(i) of this section. (2) Each owner or operator required to submit reports following the procedure specified in this paragraph must submit reports to the EPA via CEDRI. CEDRI can be accessed through the EPA's CDX. The owner or operator must use the appropriate electronic report in CEDRI for this subpart or an alternate electronic file format consistent with the XML schema listed on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (m) Claims of EPA system outage. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (n) Claims of force majeure. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022] § 63.1982 What records and reports must I submit and keep for bioreactors or liquids addition other than leachate? Submit reports as specified in this section and § 63.1981. Keep records as specified in this section and § 63.1983. (a) For bioreactors at new affected sources you must submit the initial semi-annual compliance report and performance test results described in § 63.1981(h) within 180 days after the date you are required to begin operating the gas collection and control system by § 63.1947(a)(2). (b) If you must submit a semi-annual compliance report for a bioreactor as well as a semi-annual compliance report for a conventional portion of the same landfill, you may delay submittal of a subsequent semi-annual compliance report for the bioreactor according to paragraphs (b)(1) through (3) of this section so that the reports may be submitted on the same schedule. (1) After submittal of your initial semi-annual compliance report and performance test results for the bioreactor, you may delay submittal of the subsequent semi-annual compliance report for the bioreactor until the date the initial or subsequent semi-annual compliance report is due for the conventional portion of your landfill. (2) You may delay submittal of your subsequent semi-annual compliance report by no more than 12 months after the due date for submitting the initial semi-annual compliance report and performance test results described in § 63.1981(h) for the bioreactor. The report must cover the time period since the previous semi-annual report for the bioreactor, which would be a period of at least 6 months and no more than 12 months. (3) After the delayed semi-annual report, all subsequent semi-annual reports for the bioreactor must be submitted every 6 months on the same date the semi-annual report for the conventional portion of the landfill is due. (c) If you add any liquids other than leachate in a controlled fashion to the waste mass and do not comply with the bioreactor requirements in §§ 63.1947, 63.1955(b), and paragraphs (a) and (b) of this section, you must keep a record of calculations showing that the percent moisture by weight expected in the waste mass to which liquid is added is less than 40 percent. The calculation must consider the waste mass, moisture content of the incoming waste, mass of water added to the waste including leachate recirculation and other liquids addition and precipitation, and the mass of water removed through leachate or other water losses. Moisture level sampling or mass balances calculations can be used. You must document the calculations and the basis of any assumptions. Keep the record of the calculations until you cease liquids addition. (d) If you calculate moisture content to establish the date your bioreactor is required to begin operating the collection and control system under § 63.1947(a)(2) or (c)(2), keep a record of the calculations including the information specified in paragraph (e) of this section for 5 years. Within 90 days after the bioreactor achieves 40-percent moisture content, report the results of the calculation, the date the bioreactor achieved 40-percent moisture content by weight, and the date you plan to begin collection and control system operation to the Administrator. Beginning no later than September 27, 2021, the reports should be submitted following the procedure specified in § 63.1981(l)(2). § 63.1983 What records must I keep? You must keep records as specified in this subpart. You must also keep records as specified in the general provisions of 40 CFR part 63 as shown in Table 1 to this subpart. (a) Except as provided in § 63.1981(d)(2), each owner or operator of an MSW landfill subject to the provisions of § 63.1959(b)(2)(ii) and (iii) of this chapter must keep for at least 5 years up-to-date, readily accessible, on-site records of the design capacity report that triggered § 63.1959(b), the current amount of solid waste in-place, and the year-by-year waste acceptance rate. Off-site records may be maintained if they are retrievable within 4 hours. Either paper copy or electronic formats are acceptable. (b) Except as provided in § 63.1981(d)(2), each owner or operator of a controlled landfill must keep up-to-date, readily accessible records for the life of the control system equipment of the data listed in paragraphs (b)(1) through (5) of this section as measured during the initial performance test or compliance determination. Records of subsequent tests or monitoring must be maintained for a minimum of 5 years. Records of the control device vendor specifications must be maintained until removal. (1) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 63.1959(b)(2)(ii): (i) The maximum expected gas generation flow rate as calculated in § 63.1960(a)(1). (ii) The density of wells, horizontal collectors, surface collectors, or other gas extraction devices determined using the procedures specified in § 63.1962(a)(1) and (2). (2) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 63.1959(b)(2)(iii) through use of an enclosed combustion device other than a boiler or process heater with a design heat input capacity equal to or greater than 44 megawatts: (i) The average temperature measured at least every 15 minutes and averaged over the same time period of the performance test. (ii) The percent reduction of NMOC determined as specified in § 63.1959(b)(2)(iii)(B) achieved by the control device. (3) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 63.1959(b)(2)(iii)(B)( 1 (4) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 63.1959(b)(2)(iii)(A) through use of a non-enclosed flare, the flare type ( i.e., (5) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with § 63.1959(b)(2)(iii)(C) through use of a landfill gas treatment system: (i) Bypass records. (ii) Site-specific treatment monitoring plan. (A) Monitoring records of parameters that are identified in the treatment system monitoring plan and that ensure the treatment system is operating properly for each intended end use of the treated landfill gas. At a minimum, records should include records of filtration, de-watering, and compression parameters that ensure the treatment system is operating properly for each intended end use of the treated landfill gas. (B) Monitoring methods, frequencies, and operating ranges for each monitored operating parameter based on manufacturer's recommendations or engineering analysis for each intended end use of the treated landfill gas. (C) Documentation of the monitoring methods and ranges, along with justification for their use. (D) List of responsible staff (by job title) for data collection. (E) Processes and methods used to collect the necessary data. (F) Description of the procedures and methods that are used for quality assurance, maintenance, and repair of all continuous monitoring systems (CMS). (c) Except as provided in § 63.1981(d)(2), each owner or operator of a controlled landfill subject to the provisions of this subpart must keep for 5 years up-to-date, readily accessible continuous records of the equipment operating parameters specified to be monitored in § 63.1961 as well as up-to-date, readily accessible records for periods of operation during which the parameter boundaries established during the most recent performance test are exceeded. (1) The following constitute exceedances that must be recorded and reported under § 63.1981(h): (i) For enclosed combustors except for boilers and process heaters with design heat input capacity of 44 megawatts (150 million Btu per hour) or greater, all 3-hour periods of operation during which the average temperature was more than 28 degrees Celsius (82 degrees Fahrenheit) below the average combustion temperature during the most recent performance test at which compliance with § 63.1959(b)(2)(iii) was determined. (ii) For boilers or process heaters, whenever there is a change in the location at which the vent stream is introduced into the flame zone as required under paragraph (b)(3) of this section. (2) Each owner or operator subject to the provisions of this subpart must keep up-to-date, readily accessible continuous records of the indication of flow to the control system and the indication of bypass flow or records of monthly inspections of car-seals or lock-and-key configurations used to seal bypass lines, specified under § 63.1961(b)(2)(ii), (c)(2)(ii), and (g)(2). (3) Each owner or operator subject to the provisions of this subpart who uses a boiler or process heater with a design heat input capacity of 44 megawatts or greater to comply with § 63.1959(b)(2)(iii) must keep an up-to-date, readily accessible record of all periods of operation of the boiler or process heater. Examples of such records could include records of steam use, fuel use, or monitoring data collected pursuant to other state, local, tribal, or federal regulatory requirements. (4) Each owner or operator seeking to comply with the provisions of this subpart by use of a non-enclosed flare must keep up-to-date, readily accessible continuous records of the flame or flare pilot flame monitoring specified under § 63.1961(c), and up-to-date, readily accessible records of all periods of operation in which the flame or flare pilot flame is absent. (5) Each owner or operator of a landfill seeking to comply with § 63.1959(b)(2) using an active collection system designed in accordance with § 63.1959(b)(2)(ii) must keep records of periods when the collection system or control device is not operating. (6) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard in § 63.1958(e)(1), the date, time, and duration of each startup and/or shutdown period, recording the periods when the affected source was subject to the standard applicable to startup and shutdown. (7) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard in § 63.1958(e)(1), in the event that an affected unit fails to meet an applicable standard, record the information below in this paragraph: (i) For each failure record the date, time and duration of each failure and the cause of such events (including unknown cause, if applicable). (ii) For each failure to meet an applicable standard; record and retain a list of the affected sources or equipment. (iii) Record actions taken to minimize emissions in accordance with the general duty of § 63.1955(c) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (8) Beginning no later than September 27, 2021, in lieu of the requirements specified in § 63.8(d)(3) of subpart A you must keep the written procedures required by § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., (d) Except as provided in § 63.1981(d)(2), each owner or operator subject to the provisions of this subpart must keep for the life of the collection system an up-to-date, readily accessible plot map showing each existing and planned collector in the system and providing a unique identification location label for each collector. (1) Each owner or operator subject to the provisions of this subpart must keep up-to-date, readily accessible records of the installation date and location of all newly installed collectors as specified under § 63.1960(b). (2) Each owner or operator subject to the provisions of this subpart must keep readily accessible documentation of the nature, date of deposition, amount, and location of asbestos-containing or nondegradable waste excluded from collection as provided in § 63.1962(a)(3)(i) as well as any nonproductive areas excluded from collection as provided in § 63.1962(a)(3)(ii). (e) Except as provided in § 63.1981(d)(2), each owner or operator subject to the provisions of this subpart must keep for at least 5 years up-to-date, readily accessible records of the following: (1) All collection and control system exceedances of the operational standards in § 63.1958, the reading in the subsequent month whether or not the second reading is an exceedance, and the location of each exceedance. (2) Each owner or operator subject to the control provisions of this subpart must keep records of each wellhead temperature monitoring value of greater than 55 degrees Celsius (131 degrees Fahrenheit), each wellhead nitrogen level at or above 20 percent, and each wellhead oxygen level at or above 5 percent, except: (i) When an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the compliance provisions for wellhead temperature in § 63.1958(c)(1), but no later than September 27, 2021, the records of each wellhead temperature monitoring value of 62.8 degrees Celsius (145 degrees Fahrenheit) or above instead of values greater than 55 degrees Celsius (131 degrees Fahrenheit). (ii) Each owner or operator required to conduct the enhanced monitoring provisions in § 63.1961(a)(5), must also keep records of all enhanced monitoring activities. (iii) Each owner or operator required to submit the 24-hour high temperature report in (3) For any root cause analysis for which corrective actions are required in § 63.1960(a)(3)(i)(A) or (a)(4)(i)(A), keep a record of the root cause analysis conducted, including a description of the recommended corrective action(s) taken, and the date(s) the corrective action(s) were completed. (4) For any root cause analysis for which corrective actions are required in § 63.1960(a)(3)(i)(B) or (a)(4)(i)(B), keep a record of the root cause analysis conducted, the corrective action analysis, the date for corrective action(s) already completed following the positive pressure reading or high temperature reading, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (5) For any root cause analysis for which corrective actions are required in § 63.1960(a)(3)(i)(C) or (a)(4)(i)(C), keep a record of the root cause analysis conducted, the corrective action analysis, the date for corrective action(s) already completed following the positive pressure reading or high temperature reading, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates, and a copy of any comments or final approval on the corrective action analysis or schedule from the Administrator. (f) Landfill owners or operators who convert design capacity from volume to mass or mass to volume to demonstrate that landfill design capacity is less than 2.5 million Mg or 2.5 million m 3 (g) Except as provided in § 63.1981(d)(2), each owner or operator subject to the provisions of this subpart must keep for at least 5 years up-to-date, readily accessible records of all collection and control system monitoring data for parameters measured in § 63.1961(a)(1) through (6). (h) Where an owner or operator subject to the provisions of this subpart seeks to demonstrate compliance with the operational standard for temperature in § 63.1958(c)(1), you must keep the following records. (1) Records of the landfill gas temperature on a monthly basis as monitored in § 63.1960(a)(4). (2) Records of enhanced monitoring data at each well with a measurement of landfill gas temperature greater than 62.8 degrees Celsius (145 degrees Fahrenheit) as gathered in § 63.1961(a)(5) and (6). (i) Any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (ii) [Reserved] [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020] Other Requirements and Information § 63.1985 Who enforces this subpart? (a) This subpart can be implemented and enforced by the EPA, or a delegated authority such as the applicable state, local, or tribal agency. If the EPA Administrator has delegated authority to a state, local, or tribal agency, then that agency as well as the EPA has the authority to implement and enforce this subpart. Contact the applicable EPA Regional office to find out if this subpart is delegated to a state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the state, local, or tribal agency. (c) The authorities that will not be delegated to state, local, or tribal agencies are as follows. Approval of alternatives to the emission standards in §§ 63.1955 through 63.1962. Where this subpart references part 60, subpart WWW of this subchapter, the cited provisions will be delegated according to the delegation provisions of part 60, subpart WWW of this subchapter. For this subpart, the EPA also retains the authority to approve methods for determining the NMOC concentration in § 63.1959(a)(3) and the method for determining the site-specific methane generation rate constant k in § 63.1959(a)(4). [85 FR 17261, Mar. 26, 2020, as amended at 87 FR 8204, Feb. 14, 2022] § 63.1990 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act, 40 CFR part 60, subparts A, Cc, Cf, WWW, and XXX; 40 CFR part 62, subpart GGG, and subpart A of this part, and this section that follows: Active collection system Active landfill Bioreactor Closed area Closed landfill Closure Commercial solid waste Controlled landfill Corrective action analysis Cover penetration Design capacity 3 Deviation (1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emissions limitation (including any operating limit) or work practice requirement; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limitation, (including any operating limit), or work practice requirement in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart. Deviation beginning no later (1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice requirement; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Disposal facility Emissions limitation Enclosed combustor EPA approved State plan Federal Register EPA approved Tribal plan Federal plan Flare Gas mover equipment i.e., Household waste Industrial solid waste Interior well Landfill Lateral expansion Leachate recirculation Modification Municipal solid waste landfill MSW landfill Municipal solid waste landfill emissions MSW landfill emissions NMOC Nondegradable waste Passive collection system Root cause analysis Segregated yard waste Sludge Solid waste Sufficient density Sufficient extraction rate Treated landfill gas Treatment system Untreated landfill gas Work practice requirement Table 1 to Subpart AAAA of Part 63—Applicability of NESHAP General Provisions to Subpart AAAA As specified in this subpart, you must meet each requirement in the following table that applies to you. The owner or operator may begin complying with the provisions that apply no later than September 27, 2021, any time before that date. Table 1 to Subpart AAAA of Part 63—Applicability of NESHAP General Provisions to Subpart AAAA Part 63 citation Description Applicable to subpart AAAA Applicable to subpart AAAA Explanation § 63.1(a) Applicability: General applicability of NESHAP in this part Yes Yes § 63.1(b) Applicability determination for stationary sources Yes Yes § 63.1(c) Applicability after a standard has been set No 1 Yes § 63.1(e) Applicability of permit program before relevant standard is set Yes Yes § 63.2 Definitions Yes Yes § 63.3 Units and abbreviations No 1 Yes § 63.4 Prohibited activities and circumvention Yes Yes § 63.5(a) Construction/reconstruction No 1 Yes § 63.5(b) Requirements for existing, newly constructed, and reconstructed sources Yes Yes § 63.5(d) Application for approval of construction or reconstruction No 1 Yes § 63.5(e) and (f) Approval of construction and reconstruction No 1 Yes § 63.6(a) Compliance with standards and maintenance requirements—applicability No 1 Yes § 63.6(b) and (c) Compliance dates for new, reconstructed, and existing sources No 1 Yes § 63.6(e)(1)(i)-(ii) Operation and maintenance requirements Yes No See § 63.1955(c) for general duty requirements. § 63.6(e)(3)(i)-(ix) SSM plan Yes No § 63.6(f)(1) Exemption of nonopacity emission standards during SSM No No § 63.6(f)(2) and (3) Compliance with nonopacity emission standards Yes Yes § 63.6(g) Use of an alternative nonopacity standard No 1 Yes § 63.6(h) Compliance with opacity and visible emission standards No 1 No Subpart AAAA does not prescribe opacity or visible emission standards. § 63.6(i) Extension of compliance with emission standards No 1 Yes § 63.6(j) Exemption from compliance with emission standards No 1 Yes § 63.7 Performance testing No 1 Yes § 63.7(e)(1) Conditions for performing performance tests No 1 No 40 CFR 63.1959(f) specifies the conditions for performing performance tests. § 63.8(a) and (b) Monitoring requirements—Applicability and conduct of monitoring No 1 Yes § 63.8(c)(1) Operation and Maintenance of continuous emissions monitoring system No 1 Yes § 63.8(c)(1)(i) Operation and Maintenance Requirements No 1 No Unnecessary due to the requirements of § 63.8(c)(1) and the requirements for a quality control plan for monitoring equipment in § 63.8(d)(2). § 63.8(c)(1)(ii) Operation and Maintenance Requirements No 1 No § 63.8(c)(1)(iii) SSM plan for monitors No 1 No § 63.8(c)(2)-(8) Monitoring requirements No 1 Yes § 63.8(d)(1) Quality control for monitors No 1 Yes § 63.8(d)(2) Quality control for monitors No 1 Yes § 63.8(d)(3) Quality control records No 1 No See § 63.1983(c)(8). § 63.9(a), (c), and (d) Notifications No 1 Yes § 63.9(b) Initial notifications No 1 Yes 2 § 63.9(e) Notification of performance test No 1 Yes 2 § 63.9(f) Notification of visible emissions/opacity test No 1 No Subpart AAAA does not prescribe opacity or visible emission standards. § 63.9(g) Notification when using CMS No 1 Yes 2 § 63.9(h) Notification of compliance status No 1 Yes 2 § 63.9(i) Adjustment of submittal deadlines No 1 Yes § 63.9(j) Change in information already provided No 1 Yes § 63.10(a) Recordkeeping and reporting—general No 1 Yes § 63.10(b)(1) General recordkeeping No 1 Yes § 63.10(b)(2)(i) Startup and shutdown records Yes No See § 63.1983(c)(6) for recordkeeping for periods of startup and shutdown. § 63.10(b)(2)(ii) Recordkeeping of failures to meet a standard Yes No See § 63.1983(c)(6)-(7) for recordkeeping for any exceedance of a standard. § 63.10(b)(2)(iii) Recordkeeping of maintenance on air pollution control equipment Yes Yes § 63.10(b)(2)(iv)-(v) Actions taken to minimize emissions during SSM Yes No See § 63.1983(c)(7) for recordkeeping of corrective actions to restore compliance. § 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions No 1 Yes § 63.10(b)(2)(vii)-(xiv) Other Recordkeeping of compliance measurements No 1 Yes § 63.10(c) Additional recordkeeping for sources with CMS No 1 No See § 63.1983 for required CMS recordkeeping. § 63.10(d)(1) General reporting No 1 Yes § 63.10(d)(2) Reporting of performance test results No 1 Yes § 63.10(d)(3) Reporting of visible emission observations No 1 No § 63.10(d)(4) Progress reports for compliance date extensions No 1 Yes § 63.10(d)(5) SSM reporting Yes No All exceedances must be reported in the semi-annual report required by § 63.1981(h). § 63.10(e) Additional reporting for CMS systems No 1 Yes § 63.10(f) Recordkeeping/reporting waiver No 1 Yes § 63.11 Control device requirements/flares No 1 Yes § 60.18 is required before September 27, 2021. However, § 60.18 and 63.11 are equivalent. § 63.12(a) State authority Yes Yes § 63.12(b)-(c) State delegations No 1 Yes § 63.13 Addresses No 1 Yes § 63.14 Incorporation by reference No 1 Yes § 63.15 Availability of information and confidentiality Yes Yes 1 2 [85 FR 17261, Mar. 26, 2020, as amended at 85 FR 64401, Oct. 13, 2020; 87 FR 8204, Feb. 14, 2022] Subpart BBBB [Reserved] Subpart CCCC—National Emission Standards for Hazardous Air Pollutants: Manufacturing of Nutritional Yeast Source: 82 FR 48178, Oct. 16, 2017, unless otherwise noted. What This Subpart Covers § 63.2130 What is the purpose of this subpart? This subpart establishes national emission limitations for hazardous air pollutants (HAP) emitted from manufacturers of nutritional yeast. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.2131 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a nutritional yeast manufacturing facility that is, is located at, or is part of a major source of HAP emissions. (1) A manufacturer of nutritional yeast is a facility that makes yeast for the purpose of becoming an ingredient in dough for bread or any other yeast-raised baked product, or for becoming a nutritional food additive intended for consumption by humans. A manufacturer of nutritional yeast does not include production of yeast intended for consumption by animals, such as an additive for livestock feed. (2) A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. (b) [Reserved] § 63.2132 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing “affected source” that produces Saccharomyces cerevisiae (b) The affected source is the collection of equipment used in the manufacture of the nutritional yeast species Saccharomyces cerevisiae. Candida utilis (c) The emission limitations in this subpart apply to fermenters in the affected source that meet all of the criteria listed in paragraphs (c)(1) and (2) of this section. (1) The fermenters are “fed-batch” as defined in § 63.2192. (2) The fermenters are used to support one of the last three fermentation stages in a production run ( i.e., (d) The emission limitations in this subpart do not apply to flask, pure-culture, yeasting-tank, or any other set-batch (as defined in § 63.2192) fermentation, and they do not apply to any operations after the last dewatering operation, such as filtration. (e) The emission limitations in Table 1 to this subpart do not apply to fermenters during the production of specialty yeast (defined in § 63.2192). (f) An affected source is a “new affected source” if you commenced construction of the affected source after October 19, 1998, and you met the applicability criteria in § 63.2131 at the time you commenced construction. (g) An affected source is “reconstructed” if it meets the criteria for reconstruction as defined in § 63.2. (h) An affected source is “existing” if it is not new or reconstructed. § 63.2133 When do I have to comply with this subpart? (a) If you have a new or reconstructed affected source, then you must comply with paragraph (a)(1) or (2) of this section. (1) If you start up your affected source before May 21, 2001, then you must comply with this subpart no later than May 21, 2001. (2) If you start up your affected source on or after May 21, 2001, then you must comply with this subpart upon startup of your affected source. (b) If you have an existing affected source, then you must comply with this subpart no later than May 21, 2004. (c) If you have an area source that increases its emissions, or its potential to emit, so that it becomes a major source of HAP, then paragraphs (c)(1) and (2) of this section apply. (1) Any portion of the existing facility that is a new affected source or a new reconstructed source must be in compliance with this subpart upon startup. (2) All other parts of the affected source must be in compliance with this subpart by no later than 1 year after it becomes a major source. (d) You must meet the notification requirements in § 63.2180 according to the schedule in § 63.2180 and in subpart A of this part. Emission Limitations § 63.2140 What emission limitations must I meet? You must meet the applicable emission limitations in Table 1 to this subpart, according to the timeline provided in Table 7 to this subpart. General Compliance Requirements § 63.2150 What are my general requirements for complying with this subpart? (a) You must be in compliance with the applicable emission limitations in Table 1 to this subpart at all times, and demonstrate compliance according to paragraphs (a)(1) through (3) of this section. (1) To demonstrate compliance with emission limitations by using the 98-Percent Option, you must follow the procedures of § 63.2171(b). (2) To demonstrate compliance with emission limitations by using the Average Option, you must follow the procedures of § 63.2171(c). (3) To demonstrate compliance with emission limitations by using the Batch Option, you must follow the procedures of § 63.2171(d). (b) You must monitor VOC concentration continuously for each batch by using the applicable monitoring method in Table 8 to this subpart. (c) If the date upon which you must demonstrate initial compliance as specified in § 63.2160 falls after the compliance date specified for your affected source in § 63.2133, then you must maintain a log detailing the operation and maintenance of the continuous emission monitoring systems and the process and emissions control equipment during the period between those dates. (d) At all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether an affected source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. Testing and Initial Compliance Requirements § 63.2160 By what date must I conduct an initial compliance demonstration? (a) For each emission limitation in Table 1 to this subpart for which you demonstrate compliance using the Average Option, you must demonstrate initial compliance for the period ending on the last day of the month that is 12 calendar months (or 11 calendar months, if the compliance date for your affected source is the first day of the month) after the compliance date that is specified for your affected source in § 63.2133. (b) For each emission limitation in Table 1 to this subpart for which you demonstrate compliance using the Batch Option, you must demonstrate initial compliance for the period ending June 30 or December 31 (use whichever date is the first date following the compliance date that is specified for your affected source in § 63.2133). § 63.2161 What performance tests and other procedures must I use if I monitor brew ethanol? (a) You must conduct each performance test in Table 2 to this subpart that applies to you, as specified in paragraphs (b) through (f) of this section. (b) You must conduct performance tests under such conditions as the Administrator specifies, based on representative performance of the affected source for the period being tested, and under the specific conditions that this subpart specifies in Table 2 to this subpart and in paragraphs (b)(1) through (4) of this section. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (1) You must conduct each performance test concurrently with brew ethanol monitoring to establish a brew-to-exhaust correlation as specified in paragraph (e) of this section. (2) For each fermentation stage, you must conduct one run of the EPA Test Method 25A of 40 CFR part 60, appendix A-7, over the entire length of a batch. The three fermentation stages do not have to be from the same production run. (3) You must obtain your test sample at a point in the exhaust-gas stream before you inject any dilution air. For fermenters, dilution air is any air not needed to control fermentation. (4) You must record the results of the test for each fermentation stage. (c) You may not conduct performance tests during periods of malfunction. (d) You must collect data to correlate the brew ethanol concentration to the VOC concentration in the fermenter exhaust according to paragraphs (d)(1) through (3) of this section. (1) You must collect a separate set of brew ethanol concentration data for each fed-batch fermentation stage while manufacturing the product that constitutes the largest percentage (by mass) of average annual production. (2) You must measure brew ethanol as specified in § 63.2164 concurrently with conducting a performance test for VOC in fermenter exhaust as specified in paragraph (b) of this section. You must measure brew ethanol at least once during each successive 30-minute period over the entire period of the performance test for VOC in fermenter exhaust. (3) You must keep a record of the brew ethanol concentration data for each fermentation stage over the period of EPA Test Method 25A of 40 CFR part 60, appendix A-7, performance test. (e) For each set of data that you collected under paragraphs (b) and (d) of this section, you must perform a linear regression of brew ethanol concentration (percent) on VOC fermenter exhaust concentration (parts per million by volume (ppmv) measured as propane). You must ensure the correlation between the brew ethanol concentration, as measured by the brew ethanol monitor, and the VOC fermenter exhaust concentration, as measured by EPA Test Method 25A of 40 CFR part 60, appendix A-7, is linear with a correlation coefficient of at least 0.90. (f) You must calculate the VOC concentration in the fermenter exhaust for each batch using the brew ethanol concentration data according to Equation 1 of this section, and using the constants (CF and y) calculated by the applicable linear regression performed under paragraph (e) of this section. Where: BAVOC = Batch-average concentration of VOC in fermenter exhaust (ppmv measured as propane), calculated for compliance demonstration BAE = Batch-average concentration of brew ethanol in fermenter liquid (percent), measured by the brew ethanol monitor CF = Constant established at performance test and representing the slope of the regression line y = Constant established at performance test and representing the y-intercept of the regression line § 63.2162 When must I conduct subsequent performance tests if I monitor brew ethanol? (a) For each emission limitation in Table 1 to this subpart for which compliance is demonstrated by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in § 63.2161, you must conduct an EPA Test Method 25A of 40 CFR part 60, appendix A-7, performance test and establish a brew-to-exhaust correlation according to the procedures in Table 2 to this subpart and in § 63.2161, at least once every year. (b) The first subsequent performance test must be conducted no later than 365 calendar days after the initial performance test conducted according to § 63.2160. Each subsequent performance test must be conducted no later than 365 calendar days after the previous performance test. You must conduct a performance test for each 365 calendar day period during which you demonstrate compliance using the brew ethanol correlation developed according to § 63.2161. § 63.2163 If I monitor fermenter exhaust, what are my monitoring installation, operation, and maintenance requirements? (a) You must install and certify a CEMS that generates a single combined response value for VOC concentration (VOC CEMS) according to the procedures and requirements in Performance Specification 8—Performance Specifications for Volatile Organic Compound Continuous Emission Monitoring Systems in Stationary Sources in appendix B to part 60 of this chapter. (b) You must operate and maintain your VOC CEMS according to the procedures and requirements in Procedure 1—Quality Assurance Requirements for Gas Continuous Emission Monitoring Systems Used for Compliance Determination in appendix F to part 60 of this chapter, except with regard to provisions concerning relative accuracy test audit (RATA), cylinder gas audit (CGA), and relative accuracy audit (RAA) frequencies; out of control period definition; and CEMS data status during out of control periods; which are instead specified in this paragraph for frequencies; and § 63.8(c)(7) for the definition of and status of CEMS data during out of control periods. (1) You must conduct a RATA at least once every 12 calendar quarters, in accordance with sections 8 and 11, as applicable, of Performance Specification 8. (2) You must conduct a CGA or RAA in the calendar quarters during which a RATA is not conducted, but in no more than 11 quarters in succession. (3) As necessary, rather than relying on citation 2 of Procedure 1 of appendix F to 40 CFR part 60, you must rely on EPA/600/R-12/531 (incorporated by reference, see § 63.14). (4) Your affected source must meet the criteria of Performance Specification 8, section 13.2. (c) You must use Method 25A in appendix A-7 to part 60 of this chapter as the Reference Method. (d) You must calibrate your VOC CEMS with propane. (e) You must set your VOC CEMS span at less than 5 times the relevant VOC emission limitation given in Table 1 of this subpart. Note that the EPA considers 1.5 to 2.5 times the relevant VOC emission limitation to be the optimum range, in general. (f) You must complete the performance evaluation and submit the performance evaluation report before the compliance date that is specified for your affected source in § 63.2133. (g) You must monitor VOC concentration in fermenter exhaust at any point prior to dilution of the exhaust stream. (h) You must collect data using the VOC CEMS at all times during each batch monitoring period, except for periods of monitoring system malfunctions, required monitoring system quality assurance or quality control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance. (i) For each CEMS, you must record the results of each inspection, calibration, and validation check. (j) You must check the zero (low-level) and high-level calibration drifts for each CEMS in accordance with the applicable Performance Specification of 40 CFR part 60, appendix B. You must adjust the zero (low-level) and high-level calibration drifts, at a minimum, whenever the zero (low-level) drift exceeds 2 times the limits of the applicable Performance Specification. You must perform the calibration drift checks at least once daily except under the conditions of paragraphs (j)(1) through (3) of this section. (1) If a 24-hour calibration drift check for your CEMS is performed immediately prior to, or at the start of, a batch monitoring period of a duration exceeding 24 hours, then you are not required to perform 24-hour-interval calibration drift checks during that batch monitoring period. (2) If the 24-hour calibration drift exceeds 2.5 percent of the span value in fewer than 5 percent of the checks over a 1-month period, and the 24-hour calibration drift never exceeds 7.5 percent of the span value, then you may reduce the frequency of calibration drift checks to at least weekly (once every 7 days). (3) If, during two consecutive weekly checks, the weekly calibration drift exceeds 5 percent of the span value, then you must resume a frequency of at least 24-hour interval calibration checks until the 24-hour calibration checks meet the test of paragraph (j)(2) of this section. § 63.2164 If I monitor brew ethanol, what are my monitoring installation, operation, and maintenance requirements? (a) You must install, operate, and maintain each brew ethanol monitor according to the manufacturer's specifications and in accordance with § 63.2150(d). (b) Each of your brew ethanol monitors must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 30-minute period within each batch monitoring period. Except as specified in paragraph (c) of this section, you must have a minimum of two cycles of operation in a 1-hour period to have a valid hour of data. (c) You must reduce the brew ethanol monitor data to arithmetic batch averages computed from two or more data points over each 1-hour period, except during periods when calibration, quality assurance, or maintenance activities pursuant to provisions of this part are being performed. During these periods, a valid hour of data must consist of at least one data point representing a 30-minute period. (d) You must have valid brew ethanol monitor data from all operating hours over the entire batch monitoring period. (e) You must set the brew ethanol monitor span to correspond to not greater than 5 times the relevant emission limitation; note that we consider 1.5 to 2.5 times the relevant emission limitation to be the optimum range, in general. You must use the brew-to-exhaust correlation equation established under § 63.2161(f) to determine the span value for your brew ethanol monitor that corresponds to the relevant emission limitation. (f) For each brew ethanol monitor, you must record the results of each inspection, calibration, and validation check. (g) The gas chromatograph (GC) that you use to calibrate your brew ethanol monitor must meet the requirements of paragraphs (g)(1) through (3) of this section. (1) You must calibrate the GC at least daily, by analyzing standard solutions of ethanol in water (0.05 percent, 0.15 percent, and 0.3 percent). (2) For use in calibrating the GC, you must prepare the standard solutions of ethanol using the procedures listed in paragraphs (g)(2)(i) through (vi) of this section. (i) Starting with 100-percent ethanol, you must dry the ethanol by adding a small amount of anhydrous magnesium sulfate (granular) to 15-20 milliliters (ml) of ethanol. (ii) You must place approximately 50 ml of water into a 100-ml volumetric flask and place the flask on a balance. You must tare the balance. You must weigh 2.3670 grams of the dry (anhydrous) ethanol into the volumetric flask. (iii) You must add the 100-ml volumetric flask contents to a 1000-ml volumetric flask. You must rinse the 100-ml volumetric flask with water into the 1000-ml flask. You must bring the volume to 1000 ml with water. (iv) You must place an aliquot into a sample bottle labeled “0.3% Ethanol.” (v) You must fill a 50-ml volumetric flask from the contents of the 1000-ml flask. You must add the contents of the 50-ml volumetric flask to a 100-ml volumetric flask and rinse the 50-ml flask into the 100-ml flask with water. You must bring the volume to 100 ml with water. You must place the contents into a sample bottle labeled “0.15% Ethanol.” (vi) With a 10-ml volumetric pipette, you must add two 10.0-ml volumes of water to a sample bottle labeled “0.05% Ethanol.” With a 10.0-ml volumetric pipette, you must pipette 10.0 ml of the 0.15 percent ethanol solution into the sample bottle labeled “0.05% Ethanol.” (3) For use in calibrating the GC, you must dispense samples of the standard solutions of ethanol in water in aliquots to appropriately labeled and dated glass sample bottles fitted with caps having a Teflon® seal. You may keep refrigerated samples unopened for 1 month. You must prepare new calibration standards of ethanol in water at least monthly. (h) You must calibrate the brew ethanol monitor according to paragraphs (h)(1) through (3) of this section. (1) To calibrate the brew ethanol monitor, you must inject a brew sample into a calibrated GC and compare the simultaneous ethanol value given by the brew ethanol monitor to that given by the GC. You must use either the Porapak® Q, 80-100 mesh, 6′ x 1/8 (2) If a brew ethanol monitor value for ethanol differs by 20 percent or more from the corresponding GC ethanol value, you must determine the brew ethanol values throughout the rest of the batch monitoring period by injecting brew samples into the GC not less frequently than once every 30 minutes. From the time at which you detect a difference of 20 percent or more until the batch monitoring period ends, the GC data will serve as the brew ethanol monitor data. (3) You must perform a calibration of the brew ethanol monitor at least four times per batch. § 63.2165 How do I demonstrate initial compliance with the emission limitations if I monitor fermenter exhaust? (a) You must demonstrate initial compliance with each emission limitation in Table 1 to this subpart that applies to you according to the methods in Table 3 to this subpart. (b) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.2180(f). Continuous Compliance Requirements § 63.2170 How do I monitor and collect data to demonstrate continuous compliance? (a) You must monitor and collect data according to this section and § 63.2163 or § 63.2164. (b) Except for periods of monitoring system malfunctions, required monitoring system quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), and any scheduled maintenance, you must collect data using the CEMS or brew ethanol monitor, as applicable, at all times during each batch monitoring period. (c) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or quality control activities in data averages and calculations used to report emission or operating levels, or to fulfill a data collection requirement. You must use all the data collected during all other periods in assessing the operation of the control system. (d) Any hour during the batch monitoring period for which quality-assured VOC CEMS data or brew ethanol monitor data, as applicable, are not obtained is a deviation from monitoring requirements and is counted as an hour of monitoring system downtime. § 63.2171 How do I demonstrate continuous compliance with the emission limitations? (a) You must demonstrate continuous compliance with each emission limitation in Table 1 to this subpart that applies to you according to the methods specified in Table 4 to this subpart and the applicable procedures of this section. (b) To demonstrate compliance with emission limitations by using the 98-Percent Option, you must calculate the percentage of within-concentration batches (as defined in § 63.2192) for each 12-month calculation period by following the procedures in this paragraph and paragraphs (e)(1) and (2) of this section. At the end of each calendar month, you must determine the percentage of batches that were in compliance with the applicable maximum concentration in the 12-month calculation period. The total number of batches in the calculation period is the sum of the numbers of batches of each fermentation stage for which emission limitations apply. To determine which batches are in the 12-month calculation period, you must include those batches for which the batch monitoring period ended at or after midnight on the first day of the period and exclude those batches for which the batch monitoring period did not end before midnight on the last day of the period. (c) To demonstrate compliance with emission limitations by using the Average Option, you must follow the procedures in this paragraph and paragraphs (e)(1) and (2) of this section. At the end of each calendar month, you must determine the average VOC concentration from all batches in each fermentation stage in a 12-month calculation period. To determine which batches are in a 12-month calculation period, you must include those batches for which the batch monitoring period ended at or after midnight on the first day of the period and exclude those batches for which the batch monitoring period did not end before midnight on the last day of the period. (d) To demonstrate compliance with emission limitations by using the Batch Option, you must determine the average VOC concentration in the fermenter exhaust for each batch of each fermentation stage in a semiannual reporting period ( i.e., (e) To demonstrate compliance with an emission limitation using a 12-month calculation period, you must follow the procedures in paragraphs (e)(1) and (2) of this section. (1) The first 12-month calculation period begins on the compliance date that is specified for your affected source in § 63.2133 and ends on the last day of the month that includes the date 1 year after your compliance date, unless the compliance date for your affected source is the first day of the month, in which case the first 12-month calculation period ends on the last day of the month that is 11 calendar months after the compliance date. (2) The second 12-month calculation period and each subsequent 12-month calculation period begins on the first day of the month following the first full month of the previous 12-month calculation period and ends on the last day of the month 11 calendar months later. Notification, Reports, and Records § 63.2180 What notifications must I submit and when? (a) You must submit all of the notifications in §§ 63.7(b) and (c); 63.8(e), (f)(4) and (6); and 63.9(b) through (h) that apply to you by the dates specified. (b) If you start up your affected source before May 21, 2001, you are not subject to the initial notification requirements of § 63.9(b)(2). (c) If you are required to conduct a performance test as specified in § 63.2161 to this subpart, you must submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7(b)(1). (d) If you are required to conduct a performance evaluation as specified in § 63.2163, you must submit a notification of the date of the performance evaluation at least 60 days prior to the date the performance evaluation is scheduled to begin as required in § 63.8(e)(2). (e) If you are required to conduct a performance test as specified in Table 2 to this subpart, you must submit a Notification of Compliance Status according to § 63.9(h)(2)(ii). (f) For each initial compliance demonstration required in Table 3 to this subpart, you must submit the Notification of Compliance Status no later than July 31 or January 31, whichever date follows the initial compliance period that is specified for your affected source in § 63.2160(a) or (b). The first compliance report, described in § 63.2181(b)(1), serves as the Notification of Compliance Status. § 63.2181 What reports must I submit and when? (a) You must submit each report in Table 5 to this subpart that applies to you. (1) On and after October 16, 2017, you must also comply with reporting for performance tests or for performance evaluations as specified in paragraphs (a)(1)(i) and (ii) of this section. (i) Within 60 days after the date of completing each performance test as required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (a)(1)(i)(A) through (C) of this section. (A) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (B) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (C) If you claim that some of the performance test information being submitted under paragraph (a)(1)(i)(A) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage media to the EPA. The electronic media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1)(i)(A) of this section. (ii) Within 60 days after the date of completing each continuous monitoring system performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (a)(1)(ii)(A) through (C) of this section. (A) For performance evaluations of continuous monitoring systems measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the EPA via the CEDRI. Performance evaluation data must be submitted in a file format generated through the use of the EPA's ERT or an alternate file format consistent with the XML schema listed on the EPA's ERT Web site. (B) For any performance evaluations of continuous monitoring systems measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT Web site at the time of the evaluation, you must submit the results of the performance evaluation to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (C) If you claim that some of the performance evaluation information being submitted is CBI, then you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT Web site, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage media to the EPA. The electronic storage media must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described earlier in this paragraph. (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report according to the schedule in Table 5 to this subpart and according to paragraphs (b)(1) through (5) of this section. (1) The first compliance report must include the information specified in paragraph (c) of this section. If you are demonstrating compliance with an emission limitation using a 12-month calculation period ( e.g., (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first compliance reporting period specified in paragraph (b)(1) of this section. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. Each subsequent compliance report must include the information specified in paragraph (c) of this section. (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) The compliance report must contain the information listed in paragraphs (c)(1) through (8) of this section. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) For each 12-month calculation period ending on a calendar month that falls within a reporting period for which you are using the 98-Percent Option to comply, the percentage of batches that are within-concentration batches. (5) For each 12-month calculation period ending on a calendar month that falls within a reporting period for which you are using the 98-Percent Option to comply and your affected source fails to meet an applicable standard, the information for each batch for which BAVOC exceeded the applicable maximum VOC concentration in Table 1 to this subpart and whether the batch was in production during a period of malfunction or during another period. (6) For each 12-month calculation period ending on a calendar month that falls within a reporting period for which you are using the Average Option to comply or for any reporting period for which you are using the Batch Option to comply, and your affected source meets an applicable standard, the information in paragraph (c)(6)(i) or (ii) of this section, depending on the compliance option selected from Table 1 to this subpart. (i) If you are using the Average Option to comply, the average BAVOC of all batches in each fermentation stage for each 12-month calculation period ending on a calendar month that falls within the reporting period that did not exceed the applicable emission limitation. (ii) If you are using the Batch Option to comply, a certification that BAVOC for each batch manufactured during the reporting period did not exceed applicable emission limitations. (7) For each 12-month calculation period ending on a calendar month that falls within a reporting period for which you are using the Average Option to comply or for any reporting period for which you are using the Batch Option to comply and your affected source fails to meet an applicable standard, the information in paragraph (c)(7)(i) or (ii) of this section, depending on the compliance option selected from Table 1 to this subpart. (i) If you are using the Average Option to comply, the average BAVOC of all batches in each fermentation stage for each 12-month calculation period that failed to meet the applicable standard; the fermenters that operated in each fermentation stage that failed to meet the applicable standard; the duration of each failure; an estimate of the quantity of VOC emitted over the emission limitation; a description of the method used to estimate the emissions; and the actions taken to minimize emissions and correct the failure. (ii) If you are using the Batch Option to comply, the fermenters and batches that failed to meet the applicable standard; the date, time, and duration of each failure; an estimate of the quantity of VOC emitted over the emission limitation; a description of the method used to estimate the emissions; and the actions taken to minimize emissions and correct the failure. (8) The total operating hours for each fermenter, the total hours of monitoring system operation for each CEMS or brew ethanol monitor, and the total hours of monitoring system downtime for each CEMS or brew ethanol monitor. § 63.2182 What records must I keep? (a) You must keep the records listed in paragraphs (a)(1) through (3) of this section. (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Notification of Compliance Status and compliance report that you submitted, according to the requirements in § 63.10(b)(2)(xiv). (2) Records of failures to meet a standard, specified in § 63.2181(c)(5) and (7). (3) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii) and (ix). (b) For each affected source that monitors brew ethanol, you must keep records demonstrating the calculation of the brew-to-exhaust correlations specified in § 63.2161. (c) For each CEMS and brew ethanol monitor, you must keep the records listed in paragraphs (c)(1) through (5) of this section. (1) Records described in § 63.10(b)(2)(vi), (vii), (x), and (xi). The CEMS must allow the amount of excess zero (low-level) and high-level calibration drift measured at the interval checks to be quantified and recorded. (2) Records described in § 63.10(c)(1) through (6). (3) Records of the quality control program as specified in § 63.8(d), including the program of corrective action; the current version of the performance evaluation test plan, as specified in § 63.8(e)(3); and previous ( i.e., (4) Requests for alternatives to RATA for CEMS as required in § 63.8(f)(6)(i). (5) Records of each deviation from monitoring requirements, including a description of the time period during which the deviation occurred, the nature and cause of the deviation, the corrective action taken or preventive measures adopted, and the nature of repairs or adjustments to the monitoring system. (d) You must keep the records required to show continuous compliance with each emission limitation that applies to you according to the requirements in Table 4 to this subpart. (e) You must also keep the records listed in paragraphs (e)(1) through (3) of this section for each batch in your affected source. (1) Unique batch identification number. (2) Fermentation stage for which you are using the fermenter. (3) Unique CEMS equipment identification number. § 63.2183 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. (d) Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (e) You must keep written procedures documenting the CEMS quality control program on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. Other Requirements and Information § 63.2190 What parts of the General Provisions apply to me? Table 6 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. § 63.2191 Who implements and enforces this subpart? (a) We, the U.S. EPA, or a delegated authority such as your state, local, or tribal agency, can implement and enforce this subpart. If our Administrator has delegated authority to your state, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact the U.S. EPA Regional Office that serves you to find out if this subpart is delegated to your state, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by our Administrator and are not transferred to the state, local, or tribal agency. (c) The authorities that will not be delegated to state, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the non-opacity emission limitations in § 63.2140 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.2192 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act, in 40 CFR 63.2, in the General Provisions of this part (§§ 63.1 through 63.15), and in this section as follows: Batch Batch monitoring period BAVOC Brew Brew ethanol Brew ethanol monitor Brew-to-exhaust correlation Emission limitation Fed-batch Monitoring system malfunction 1-hour period Product Responsible official Set-batch Specialty yeast Within-concentration batch Table 1 to Subpart CCCC of Part 63—Emission Limitations For each fed-batch fermenter producing yeast in the following fermentation stage . . . 98-percent option: You must not exceed the following VOC emission limitation a Average option: You must not exceed the following VOC emission limitation a Batch option: You must not exceed the following VOC emission limitation a Last stage 100 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 95 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 100 ppmv (measured as propane) for BAVOC for each batch. Second-to-last stage 200 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 190 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 200 ppmv (measured as propane) for BAVOC for each batch. Third-to-last stage 300 ppmv (measured as propane) for BAVOC for at least 98 percent of all batches in each 12-month calculation period described in § 63.2171(b) and (e) 285 ppmv (measured as propane) for the average BAVOC of all batches in this stage in each 12-month calculation period described in § 63.2171(c) and (e) 300 ppmv (measured as propane) for BAVOC for each batch. a Table 2 to Subpart CCCC of Part 63—Requirements for Performance Tests If You Monitor Brew Ethanol For each fed-batch fermenter for which compliance is determined by monitoring brew ethanol concentration and calculating VOC concentration in the fermenter exhaust according to the procedures in § 63.2161, you must . . . Using . . . According to the following requirements . . . Measure VOC as propane Method 25A, a b You must measure the VOC concentration in the fermenter exhaust at any point prior to the dilution of the exhaust stream. a b Table 3 to Subpart CCCC of Part 63—Initial Compliance With Emission Limitations For . . . Average option: You have demonstrated initial compliance if . . . Batch option: You have demonstrated initial compliance if . . . Each fed-batch fermenter producing yeast in a fermentation stage (last, second-to-last, or third-to-last) for which compliance is determined by monitoring VOC concentration in the fermenter exhaust The average BAVOC of all batches in each fermentation stage during the initial compliance period described in § 63.2160(a) does not exceed the applicable concentration in Table 1 to this subpart BAVOC for each batch of each fermentation stage during the initial compliance period described in § 63.2160(b) does not exceed the applicable concentration in Table 1 to this subpart. Table 4 to Subpart CCCC of Part 63—Continuous Compliance With Emission Limitations For . . . 98-percent option: You must demonstrate continuous compliance by . . . Average option: You must demonstrate continuous compliance by . . . Batch option: You must demonstrate continuous compliance by . . . 1. Each fed-batch fermenter producing yeast in a fermentation stage (last, second-to-last, or third-to-last) for which compliance is determined by monitoring VOC concentration in the fermenter exhaust a Showing that BAVOC for at least 98 percent of the batches for each 12-month calculation period ending within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable maximum concentration in Table 1 to this subpart Showing that the average BAVOC of all batches in each fermentation stage during each 12-month calculation period ending within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable concentration in Table 1 to this subpart Showing that BAVOC for each batch within a semiannual reporting period described in § 63.2181(b)(3) does not exceed the applicable concentration in Table 1 to this subpart. a Table 5 to Subpart CCCC of Part 63—Requirements for Reports You must submit a . . . The report must contain . . . You must submit the report . . . 1. Compliance report a. The information described in § 63.2181(c), as appropriate Semiannually according to the requirements in § 63.2181(b). b. If you fail to meet an applicable standard during the reporting period, then the compliance report must include the information in § 63.2181(c)(5) or (7) Semiannually according to the requirements in § 63.2181(b). 2. Performance test report The results of the performance test, including the information described in § 63.7(g) At least once every 365 calendar days and according to the requirements in § 63.2181(a)(1)(i). 3. Performance evaluation report The results of the performance evaluation, including information from the performance evaluation plan at § 63.8(e)(3) At least once every twelve calendar quarters and according to the requirements in §§ 63.2163(f) and 63.2181(a)(1)(ii). Table 6 to Subpart CCCC of Part 63—Applicability of General Provisions to Subpart CCCC Citation Subject Applicable to subpart CCCC? § 63.1 Applicability Yes. § 63.2 Definitions Yes. § 63.3 Units and Abbreviations Yes. § 63.4 Prohibited Activities and Circumvention Yes. § 63.5 Construction and Reconstruction Yes. § 63.6 Compliance With Standards and Maintenance Requirements 1. § 63.6(e)(1)(i) does not apply, instead specified in § 63.2150(d). § 63.7 Performance Testing Requirements 1. § 63.7(a)(1) and (2) do not apply, instead specified in § 63.2162. § 63.8 Monitoring Requirements 1. § 63.8(a)(2) is modified by § 63.2163. § 63.9 Notification Requirements 1. § 63.9(b)(2) does not apply because rule omits requirements for initial notification for affected sources that start up prior to May 21, 2001. § 63.10 Recordkeeping and Reporting Requirements 1. § 63.10(b)(2)(ii) does not apply, instead specified in § 63.2182(a)(2) and (c)(5). § 63.11 Flares No. § 63.12 Delegation Yes. § 63.13 Addresses Yes. § 63.14 Incorporation by Reference Yes. § 63.15 Availability of Information Yes. Table 7 to Subpart CCCC of Part 63—Emission Limitation Applicability Timeline For each . . . During this time frame . . . You must comply with the emission limitations in Table 1 to this subpart using the . . . Existing affected source Before 10/16/2017 98-Percent Option. New or reconstructed affected source that you start up prior to 10/16/2017 Before 10/16/2017 98-Percent Option. New or reconstructed affected source that you start up after 10/16/2017 After 10/16/2017 Average Option or Batch Option. Table 8 to Subpart CCCC of Part 63—Monitoring System Requirements Timeline For each . . . During this time frame . . . You must monitor VOC concentration by . . . Existing affected source Before 10/16/2017 Monitoring fermenter exhaust using a CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor. Between 10/16/2017 and October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor. On and after October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS. New or reconstructed affected source that you start up prior to 10/16/2017 Before 10/16/2017 Monitoring fermenter exhaust using a CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor. Between 10/16/2017 and October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS or by monitoring brew ethanol concentration using a brew ethanol monitor. On and after October 16, 2020 Monitoring fermenter exhaust using a VOC CEMS. New or reconstructed affected source that you start up after 10/16/2017 After 10/16/2017 Monitoring fermenter exhaust using a VOC CEMS. Subpart DDDD—National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products Source: 69 FR 46011, July 30, 2004, unless otherwise noted. What This Subpart Covers § 63.2230 What is the purpose of this subpart? This subpart establishes national compliance options, operating requirements, and work practice requirements for hazardous air pollutants (HAP) emitted from plywood and composite wood products (PCWP) manufacturing facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the compliance options, operating requirements, and work practice requirements. § 63.2231 Does this subpart apply to me? This subpart applies to you if you meet the criteria in paragraphs (a) and (b) of this section. (a) You own or operate a PCWP manufacturing facility. A PCWP manufacturing facility is a facility that manufactures plywood and/or composite wood products by bonding wood material (fibers, particles, strands, veneers, etc.) or agricultural fiber, generally with resin under heat and pressure, to form a structural panel or engineered wood product. Plywood and composite wood products manufacturing facilities also include facilities that manufacture dry veneer and lumber kilns located at any facility. Plywood and composite wood products include, but are not limited to, plywood, veneer, particleboard, oriented strandboard, hardboard, fiberboard, medium density fiberboard, laminated strand lumber, laminated veneer lumber, wood I-joists, kiln-dried lumber, and glue-laminated beams. (b) The PCWP manufacturing facility is located at a major source of HAP emissions. A major source of HAP emissions is any stationary source or group of stationary sources within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (10 tons) or more per year or any combination of HAP at a rate of 22.68 megagrams (25 tons) or more per year. [69 FR 46011, July 30, 2004, as amended at 72 FR 61062, Oct. 29, 2007] § 63.2232 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing affected source at a PCWP manufacturing facility. (b) The affected source is the collection of dryers, refiners, blenders, formers, presses, board coolers, and other process units associated with the manufacturing of plywood and composite wood products. The affected source includes, but is not limited to, green end operations, refining, drying operations (including any combustion unit exhaust stream routinely used to direct fire process unit(s)), resin preparation, blending and forming operations, pressing and board cooling operations, and miscellaneous finishing operations (such as sanding, sawing, patching, edge sealing, and other finishing operations not subject to other national emission standards for hazardous air pollutants (NESHAP)). The affected source also includes onsite storage and preparation of raw materials used in the manufacture of plywood and/or composite wood products, such as resins; onsite wastewater treatment operations specifically associated with plywood and composite wood products manufacturing; and miscellaneous coating operations (§ 63.2292). The affected source includes lumber kilns at PCWP manufacturing facilities and at any other kind of facility. (c) An affected source is a new affected source if you commenced construction of the affected source after January 9, 2003, and you meet the applicability criteria at the time you commenced construction. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. [69 FR 46011, July 30, 2004, as amended at 71 FR 8371, Feb. 16, 2006] § 63.2233 When do I have to comply with this subpart? (a) If you have a new or reconstructed affected source, you must comply with this subpart according to paragraph (a)(1) or (2) of this section, whichever is applicable. (1) If the initial startup of your affected source is before September 28, 2004, then you must comply with the compliance options, operating requirements, and work practice requirements for new and reconstructed sources in this subpart no later than September 28, 2004, except as otherwise specified in paragraph (e) of this section or elsewhere in this subpart. (2) If the initial startup of your affected source is after September 28, 2004, then you must comply with the compliance options, operating requirements, and work practice requirements for new and reconstructed sources in this subpart upon initial startup of your affected source, except as otherwise specified in paragraph (e) of this section or elsewhere in this subpart. (b) If you have an existing affected source, you must comply with the compliance options, operating requirements, and work practice requirements for existing sources no later than October 1, 2007, except as otherwise specified in paragraph (e) of this section or elsewhere in this subpart. (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, you must be in compliance with this subpart by October 1, 2007 or upon initial startup of your affected source as a major source, whichever is later. (d) You must meet the notification requirements according to the schedule in § 63.2280 and according to 40 CFR part 63, subpart A. Some of the notifications must be submitted before you are required to comply with the compliance options, operating requirements, and work practice requirements in this subpart. (e) The compliance dates in paragraphs (e)(1) and (2) of this section apply for the compliance options, operating requirements, and work practice requirements that became effective on July 6, 2026. The compliance options, operating requirements, and work practice requirements that became effective on July 6, 2026, are listed in paragraph (e)(3) of this section. (1) If construction or reconstruction of your affected source is commenced after May 18, 2023, you must comply with the compliance options, operating requirements, and work practice requirements listed in paragraph (e)(3) of this section beginning on July 6, 2026, or upon initial startup, whichever is later. (2) If construction or reconstruction of your affected source is commenced on or before May 18, 2023, you must comply with the compliance options, operating requirements, and work practice requirements listed in paragraph (e)(3) of this section beginning on July 6, 2029, except as otherwise specified for mixed PCWP process streams in § 63.2240(d)(5). (3) The compliance options, operating requirements, and work practice requirements that became effective on July 6, 2026, include the compliance options and operating requirements in § 63.2240(d) and (e) and tables 2 (rows 6 to 12), 1C, 1D, 1E, 4 (rows 12 to 19), 5 (rows 9 to 12), and 7 (rows 8 to 14) to this subpart; and the work practice requirements § 63.2241(d) through (g) and tables 3 (rows 9 to 14), 6 (rows 9 to 14), 8 (rows 9 to 17) and 11 to this subpart. [69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 72 FR 61062, Oct. 29, 2007; 85 FR 49455, Aug. 13, 2020; 91 FR 41434, July 6, 2026] Compliance Options, Operating Requirements, and Work Practice Requirements § 63.2240 What are the compliance options and operating requirements and how must I meet them? You must meet the compliance options and operating requirements described in tables 1A, 1B, and 2 to this subpart by using one or more of the compliance options listed in paragraphs (a) and (b) of this section. You must meet the compliance options in tables 1C through 1E to this subpart according to paragraph (d) of this section. The process units subject to the compliance options are listed in tables 1A through 1E to this subpart and are defined in § 63.2292. You need only to meet one of the compliance options outlined in paragraph (a) or (b) of this section for each process unit. You cannot combine compliance options in paragraphs (a) and (b) of this section for a single process unit. (For example, you cannot use a production-based compliance option in paragraph (a) of this section for one vent of a veneer dryer and an add-on control system compliance option in paragraph (b) of this section for another vent on the same veneer dryer. You must use either the production-based compliance option or an add-on control system compliance option for the entire dryer.) (a) Production-based compliance options. (b) Compliance options for add-on control systems. (c) [Reserved] (d) Additional compliance requirements. (1) Process units at an affected source that commenced construction or reconstruction on or before May 18, 2023, must comply with the compliance options in table 1C to this subpart on and after July 6, 2029. (2) Process units at an affected source that commenced construction or reconstruction after May 18, 2023, must comply with the compliance options in table 1C to this subpart beginning on July 6, 2026, or upon initial startup, whichever is later. (3) Direct-wood fired PCWP dryers at an affected source that commenced construction or reconstruction on or before May 18, 2023, must comply with the compliance options in table 1D to this subpart on and after July 6, 2029. In addition to the limits in table 1D to this subpart, direct wood-fired green rotary dryers that commenced construction or reconstruction on or before May 18, 2023, must limit emissions of dioxins and furans toxic equivalency (TEQ) to no more than 1.3E-09 pounds per oven dried ton (lb/ODT) or 1.7E-01 nanogram per dry standards cubic meter (ng/dscm) on and after July 6, 2029. (4) Direct-wood fired PCWP dryers at an affected source that commenced construction or reconstruction after May 18, 2023, must comply with the compliance options in table 1E to this subpart beginning on July 6, 2026, or upon initial startup, whichever is later. In addition to the limits in table 1E to this subpart, direct wood-fired green rotary dryers that commenced construction or reconstruction after May 18, 2023, must limit emissions of dioxins and furans TEQ to no more than 4.4E-10 lb/ODT or 3.7E-02 ng/dscm on and after July 6, 2029. (5) Mixed PCWP process streams (defined in § 63.2292) complying with the compliance options for add-on control systems in table 1B to this subpart according to paragraph (b) of this section before July 6, 2026, must continue to comply with the compliance options in table 1B to this subpart after July 6, 2026. (6) Affected facilities may choose to comply with the add-on control system compliance options in table 1B to this subpart (and associated operating limits in table 2 to this subpart) instead of the compliance options in table 1C to this subpart for fiberboard mat dryer heated zones, press predryers, post-dryer atmospheric refiners, or multipurpose atmospheric refiners. (e) Process unit bypass stack operating requirement. [69 FR 46011, July 30, 2004, as amended at 85 FR 49455, Aug. 13, 2020; 91 FR 41434, July 6, 2026] § 63.2241 What are the work practice requirements and how must I meet them? (a) You must meet each work practice requirement in Table 3 to this subpart that applies to you. (b) As provided in § 63.6(g), we, the EPA, may choose to grant you permission to use an alternative to the work practice requirements in this section. (c) If you have a dry rotary dryer, you may choose to designate your dry rotary dryer as a green rotary dryer and meet the more stringent compliance options and operating requirements in § 63.2240 for green rotary dryers instead of the work practices for dry rotary dryers. If you have a hardwood veneer dryer or veneer redryer, you may choose to designate your hardwood veneer dryer or veneer redryer as a softwood veneer dryer and meet the more stringent compliance options and operating requirements in § 63.2240 for softwood veneer dryer heated zones instead of the work practices for hardwood veneer dryers or veneer redryers. (d) The following combustion unit tune-up and bypass stack monitoring requirements must be conducted for all direct-fired dryers (including direct wood-fired PCWP dryers, direct natural gas-fired PCWP dryers, and direct-fired lumber kilns) by the dates specified in § 63.2233(e) and table 3 to this subpart. You must conduct an annual tune-up of each combustion unit used to directly-fire the PCWP dryer or lumber kiln following the procedures in § 63.2271(c) as specified in paragraphs (d)(1) through (3) of this section. You must monitor usage of combustion unit bypass stacks (defined in § 63.2292) following the procedures specified in § 63.2269(k) by the compliance date specified in § 63.2233(e). (1) The initial tune-up must be completed by the compliance date specified in § 63.2233(e). After the initial tune-up, each annual tune-up is required to be completed no more than 13 months after the previous tune-up. (2) If a combustion unit that direct-fires a PCWP dryer or lumber kiln is not operating on the required date for a tune-up, the tune-up must be conducted within 30 calendar days of startup of the combustion unit for the purpose of direct-firing a PCWP dryer or lumber kiln. (3) For combustion units with tune-up requirements in this subpart, you may use documentation (required in § 63.7550(c)(1)) of the tune-up conducted according to §§ 63.7515(d) and 63.7540(a)(10), in place of the annual combustion unit tune-up requirements in this paragraph (d) and § 63.2271(c), provided the documentation required in § 63.7550(c)(1) is provided according to the schedule in paragraphs (d)(1) and (2) of this section. (e) For each lumber kiln, you must minimize lumber over-drying to reduce HAP emissions by meeting the requirements in paragraphs (e)(1) through (4) of this section by the dates specified in § 63.2233(e) and table 3 to this subpart. (1) Lumber kiln operation and maintenance (O&M). (2) Lumber kiln burner tune-up. (3) Lumber kiln work practice. (i) Temperature limit option. (ii) Hybrid option. (A) Operate the lumber kiln with a maximum dry bulb temperature limit of no more than 240 °F for batch indirect fired (IF) kilns, 250 °F for batch direct-fired (DF) kilns, 260 °F for continuous IF kilns, or 260 °F for continuous DF kilns. You must continuously monitor and record the dry bulb temperature during the kiln drying cycle according to § 63.2269(m) and maintain the batch cycle average dry bulb temperature (for batch kilns) or daily block average dry bulb temperature (for continuous kilns) below the maximum limit specified in this paragraph (e)(3)(ii)(A) according to § 63.2270(h)(1). (B) Operate the kiln to dry to a semiannual average lumber moisture content (weight percent, dry basis) at or above the minimum limit of moisture content considered to be over-dried lumber as specified in paragraph (e)(4) of this section and table 11 of this subpart. Lumber moisture must be monitored and recorded according to § 63.2269(n). The semiannual average must be determined according to § 63.2270(i). (iii) Site-specific plan option. (A) The site-specific plan must identify one temperature parameter (such as wet or dry bulb temperature, wet bulb depression, or temperature drop across the load) to be continuously monitored during the kiln drying cycle; include a description of how the temperature parameter is measured and used to minimize over-drying of lumber; and include a site-specific limit for the temperature parameter that minimizes over-drying. You must continuously monitor and record the temperature parameter according to § 63.2269(m) and calculate the 3-hour block average for comparison to the site-specific temperature limit according to § 63.2270(h)(2). (B) The site-specific plan must include a method for monitoring lumber moisture content (weight percent, dry basis); specify the location of such monitoring within the lumber manufacturing process (for example, at the kiln unloading track, in lumber storage, or at the planer); specify the minimum kiln-dried lumber moisture content limit based on the lumber moisture specifications produced at the facility based on paragraph (e)(4) of this section and table 11 of subpart DDDD; and adhere to the minimum data and lumber moisture content averaging requirements in §§ 63.2269(o) and 63.2270(j). (4) Over-dried lumber. (f) By the dates specified in § 63.2233(e) and table 3 to this subpart, you must operate each log vat using a site-specific target log temperature that does not exceed 212 °F measured in the water used to soak the logs or in the wood as it is cut from the log. (g) By the dates specified in § 63.2233(e) and table 3 to this subpart, you must meet the work practice standards in paragraphs (g)(1) and (2) of this section for resinated material handling process units, including resin tanks, softwood and hardwood plywood presses, engineered wood product presses and curing chambers, blenders, formers, finishing saws, finishing sanders, panel trim chippers, and reconstituted wood products board coolers (at existing affected sources), hardboard humidifiers, and onsite wastewater treatment operations specifically associated with PCWP manufacturing. (1) You must meet one of the resin-related requirements in paragraphs (g)(1)(i) through (iii) of this section. (i) Use only a non-HAP resin as defined in § 63.2292; or (ii) Use only a resin with maximum true vapor pressure (defined in § 63.2292) of less than or equal to 13.1 kPa (1.9 psia) if the resin is stored in resin tanks with capacity of less than 40,000 gallons, or use only a resin with maximum true vapor pressure (defined in § 63.2292) of less than 5.2 kPa (0.75 psia) if the resin is stored in one or more resin tanks with capacity of 40,000 gallons or more; or (iii) Use a combination of resins meeting either paragraph (g)(1)(i) or (ii) of this section. (2) Process wood material that was purchased pre-dried to a moisture content of no more than 30 percent (weight percent, dry basis), or has been dried in a dryer located at the PCWP facility. This paragraph (g)(2) does not apply for wet formers and onsite wastewater treatment operations specifically associated with PCWP manufacturing. [69 FR 46011, July 30, 2004, as amended at 91 FR 41434, July 6, 2026] General Compliance Requirements § 63.2250 What are the general requirements? (a)-(c) [Reserved] (d) Shutoff of direct-fired burners resulting from partial and full production stoppages of direct-fired softwood veneer dryers or over-temperature events shall be deemed shutdowns and not malfunctions. Lighting or re-lighting any one or all gas burners in direct-fired softwood veneer dryers shall be deemed startups and not malfunctions. (e) You must be in compliance with the provisions of subpart A of this part, except as noted in Table 10 to this subpart. (f) You must be in compliance with the compliance options, operating requirements, and the work practice requirements in this subpart when the process unit(s) subject to the compliance options, operating requirements, and work practice requirements are operating, except as specified in paragraphs (f)(1) through (7) of this section. (1) Prior to process unit initial startup. (2) During safety-related shutdowns conducted according to the work practice requirement in Table 3 to this subpart. (3) During pressurized refiner startup and shutdown according to the work practice requirement in Table 3 to this subpart. (4) During startup and shutdown of direct-fired softwood veneer dryer gas-fired burners according to the work practice requirement in Table 3 to this subpart. (5) You must minimize the length of time when compliance options and operating requirements in this subpart are not met due to the conditions in paragraphs (f)(2) and (4) of this section. (6) The applicable standard during each of the operating conditions specified in paragraphs (f)(2) through (4) of this section are the work practice requirements in table 3 to this subpart for safety-related shutdowns (row 6), pressurized refiner startup and shutdown (row 7), and direct-fired softwood veneer dryers undergoing startup or shutdown of gas-fired burners (row 8). The otherwise applicable compliance options, operating requirements, and work practice requirements (in rows 1 through 5 of table 3 to this subpart) do not apply during the operating conditions specified in paragraphs (f)(2) through (4) of this section, with the exception of the operating requirement in § 63.2240(e) which applies at all times. (7) When using a wet scrubber, electrified filter bed, or mechanical collector (or other dry control device not mentioned elsewhere in table 2 to this subpart), you are not required to meet the minimum limit for pressure drop across the control device during startup or shutdown. Parameter limits other than pressure drop continue to apply during startup and shutdown. (g) You must always operate and maintain your affected source, including air pollution control and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 71 FR 20463, Apr. 20, 2006; 85 FR 49455, Aug. 13, 2020; 91 FR 41436, July 6, 2026] § 63.2251 What are the requirements for the routine control device maintenance exemption? (a) You may request a routine control device maintenance exemption from the EPA Administrator for routine maintenance events such as control device bakeouts, washouts, media replacement, and replacement of corroded parts. Your request must justify the need for the routine maintenance on the control device and the time required to accomplish the maintenance activities, describe the maintenance activities and the frequency of the maintenance activities, explain why the maintenance cannot be accomplished during process shutdowns, describe how you plan to make reasonable efforts to minimize emissions during the maintenance, and provide any other documentation required by the EPA Administrator. (b) The routine control device maintenance exemption must not exceed the percentages of process unit operating uptime in paragraphs (b)(1) and (2) of this section. (1) If the control device is used to control a green rotary dryer, tube dryer, rotary strand dryer, or pressurized refiner, then the routine control device maintenance exemption must not exceed 3 percent of annual operating uptime for each process unit controlled. (2) If the control device is used to control a softwood veneer dryer, reconstituted wood product press, reconstituted wood product board cooler, hardboard oven, press predryer, conveyor strand dryer, or fiberboard mat dryer, then the routine control device maintenance exemption must not exceed 0.5 percent of annual operating uptime for each process unit controlled. (3) If the control device is used to control a combination of equipment listed in both paragraphs (b)(1) and (2) of this section, such as a tube dryer and a reconstituted wood product press, then the routine control device maintenance exemption must not exceed 3 percent of annual operating uptime for each process unit controlled. (c) The request for the routine control device maintenance exemption, if approved by the EPA Administrator, must be IBR in and attached to the affected source's title V permit. (d) The compliance options and operating requirements do not apply during times when control device maintenance covered under your approved routine control device maintenance exemption is performed. You must minimize emissions to the greatest extent possible during these routine control device maintenance periods. (e) To the extent practical, startup and shutdown of emission control systems must be scheduled during times when process equipment is also shut down. § 63.2252 [Reserved] § 63.2253 What are the general requirements for lumber kilns? (a) Lumber kiln O&M plan. (1) Procedures for maintaining the integrity of lumber kiln internal air flow and heat distribution components (such as, baffles, fans, vents, heating coils, or temperature sensors) to provide as uniform a temperature and air flow as reasonably possible. (2) Charge optimization practices to reduce over drying. (3) At least annually, you must inspect lumber kiln integrity and review the charge optimization practices used. You must implement corrective actions as needed and maintain records of the inspections and corrective actions taken. (i) The initial inspection of kiln integrity must be completed by the compliance date specified in § 63.2233(e). After the initial inspection, each annual inspection is required to be completed no more than 13 months after the previous inspection. (ii) Corrective actions must be initiated within 30 days after the inspection and completed within 180 days following the inspection identifying the need for the corrective action. If the corrective action cannot be completed within 180 days, a written request for an extension may be submitted to the delegated authority, who may grant an extension if they determine additional time is necessary. (4) After the compliance date in § 63.2233(e), any updates made to the O&M plan maintained onsite must be described in the semiannual compliance report. Delegated authorities may require modification of the O&M plan, as needed, upon review. (b) Lumber kiln site-specific plan approval. (1) The site-specific plan must be developed and submitted to the delegated authority by January 6, 2028. (2) The written site-specific plan must be maintained onsite at the facility and is enforceable upon the compliance date specified in § 63.2233. (3) After the compliance date, you must report deviations from the site-specific plan according to § 63.2281. (4) Once the site-specific plan is approved by the delegated authority, the site-specific limits from the plan must be incorporated into the facility's title V permit when the title V permit is next reopened for cause or renewed, as applicable. (5) After the compliance date in § 63.2233(e), any updates made to the site-specific plan must be approved by the delegated authority, and any updates to the site-specific limits from the plan must be incorporated into the facility's title V permit when the title V permit is next reopened for cause or renewed, as applicable. [91 FR 41436, July 6, 2026] Initial Compliance Requirements § 63.2260 How do I demonstrate initial compliance with the compliance options, operating requirements, and work practice requirements? (a) To demonstrate initial compliance with the compliance options and operating requirements, you must conduct performance tests and establish each site-specific operating requirement in table 2 to this subpart according to the requirements in § 63.2262 and table 4 to this subpart. Combustion units that accept process exhausts into the flame zone are exempt from the performance testing to show compliance with the compliance options in table 1B or 1C to this subpart and the operating requirements for thermal oxidizers. (b) You must demonstrate initial compliance with each compliance option, operating requirement, and work practice requirement that applies to you according to Tables 5 and 6 to this subpart and according to §§ 63.2260 through 63.2269 of this subpart. (c) You must submit the Notification of Compliance Status containing the results of the initial compliance demonstration according to the requirements in § 63.2280(d). [69 FR 46011, July 30, 2004, as amended at 91 FR 41437, July 6, 2026] § 63.2261 By what date must I conduct performance tests or other initial compliance demonstrations? (a) You must conduct performance tests upon initial startup or no later than 180 calendar days after the compliance date that is specified for your source in § 63.2233 and according to § 63.7(a)(2), whichever is later. (b) You must conduct initial compliance demonstrations that do not require performance tests upon initial startup or no later than 30 calendar days after the compliance date that is specified for your source in § 63.2233, whichever is later. § 63.2262 How do I conduct performance tests and establish operating requirements? (a) Testing procedures. (b) Periods when performance tests must be conducted. i.e., (c) Number and duration of test runs. (1) Testing of a temporary total enclosure (TTE) conducted using EPA Methods 204A through 204F of appendix M of part 51 of this chapter, which require three separate test runs of at least 3 hours each; and testing of an enclosure conducted using the alternative tracer gas method in appendix A to this subpart, which requires a minimum of three separate runs of at least 20 minutes each. (2) Test runs longer than 1 hour may be required to meet minimum sample volume requirements specified in table 4 to this subpart. (d) Location of sampling sites. (2) Sampling sites for process units meeting compliance options without a control device must be located prior to any releases to the atmosphere. Facilities demonstrating compliance with a production-based compliance option for a process unit equipped with a wet control device must locate sampling sites prior to the wet control device. (3) Sampling sites must be located at the outlet of the control device (defined in § 63.2292), if a control device is used, and prior to any releases to the atmosphere to demonstrate compliance with the compliance options in table 1C, 1D, or 1E to this subpart and for compliance with the dioxin and furan limits in § 63.2240(d)(2) and (3). (e) Collection of monitoring data. (f) Collection of production data. (g) Nondetect data. (2) When showing compliance with the production-based compliance options in table 1A to this subpart, you may treat emissions of an individual HAP as zero if all three of the performance test runs result in a nondetect measurement, and the method detection limit is less than or equal to 1 parts per million by volume, dry basis (ppmvd). Otherwise, nondetect data for individual HAP must be treated as one-half of the method detection limit. (3) Nondetect data must be treated as the method detection limit when showing compliance with § 63.2240(d)(3) or (4) and the compliance options in table 1C, 1D, or 1E to this subpart. When determining 2,3,7,8-Tetrachlorodibenzo-p-dioxin toxicity equivalency (TEQ), the value of zero may be used for nondetect results. (h) Calculation of percent reduction across a control system. Equation 1 to Paragraph (h) Where: PR = Percent reduction, percent. CE = Capture efficiency, percent (determined for reconstituted wood product presses and board coolers as required in table 4 to this subpart). ER in ER out (i) Calculation of mass per unit production. Equation 2 to Paragraph (i) Where: MP = Mass per unit production, pounds per oven dried ton OR pounds per thousand square feet on a specified thickness basis (see paragraph (j) of this section if you need to convert from one thickness basis to another). ER HAP P = Process unit production rate (throughput), oven dried tons per hour OR thousand square feet per hour on a specified thickness basis; CE = Capture efficiency, percent (determined for reconstituted wood product presses and board coolers as required in table 4 to this subpart). (j) Thickness basis conversion. Equation 3 to Paragraph (j) Where: MSF A MSF B A = Old thickness you are converting from, inches. B = New thickness you are converting to, inches. (k) Establishing thermal oxidizer operating requirements. (1) During the performance test to meet a compliance option in table 1B or 1C to this subpart (or a PAH limit in table 1D or 1E to this subpart), you must continuously monitor the firebox temperature during each of the required 1-hour test runs. For regenerative thermal oxidizers, you may measure the temperature in multiple locations ( e.g., (2) You may establish a different minimum firebox temperature for your thermal oxidizer by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (k)(1) of this section that demonstrates compliance with the applicable compliance options of this subpart. (3) If your thermal oxidizer is a combustion unit that accepts process exhaust into the flame zone, then you are exempt from the performance testing and monitoring requirements specified in paragraphs (k)(1) and (2) of this section. To demonstrate initial compliance, you must submit documentation with your Notification of Compliance Status showing that process exhausts controlled by the combustion unit enter into the flame zone. (l) Establishing catalytic oxidizer operating requirements. (1) During the performance test to meet a compliance option in table 1B or 1C to this subpart (or a PAH limit in table 1D or 1E to this subpart), you must continuously monitor during the required 1-hour test runs either the temperature at the inlet to each catalyst bed or the temperature in the combustion chamber. For regenerative catalytic oxidizers, you must calculate the average of the temperature measurements from each catalyst bed inlet or within the combustion chamber prior to reducing the temperature data to 15-minute averages for purposes of establishing your minimum catalytic oxidizer temperature. The minimum catalytic oxidizer temperature must then be established as the average of the three minimum 15-minute temperatures monitored during the three test runs demonstrating compliance with the applicable standards. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (2) You may establish a different minimum catalytic oxidizer temperature by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in this paragraph (l) that demonstrates compliance with the applicable compliance options of this subpart. (m) Establishing biofilter operating requirements. (1) During the performance test to meet a compliance option in tables 1B through 1E to this subpart, you must continuously monitor the biofilter bed temperature during each of the required 1-hour test runs. To monitor biofilter bed temperature, you may use multiple thermocouples in representative locations throughout the biofilter bed and calculate the average biofilter bed temperature across these thermocouples prior to reducing the temperature data to 15-minute averages for purposes of establishing biofilter bed temperature limits. The biofilter bed temperature range must be established as the temperature values 10 percent below the minimum and 10 percent (not to exceed 8 °F) above the maximum 15-minute biofilter bed temperatures monitored during the three test runs demonstrating compliance with the applicable standards. You may base your biofilter bed temperature range on values recorded during previous performance tests provided that the data used to establish the temperature ranges have been obtained using the test methods required in this subpart. If you use data from previous performance tests, you must certify that the biofilter and associated process unit(s) have not been modified subsequent to the date of the performance tests. Replacement of the biofilter media with the same type of material is not considered a modification of the biofilter for purposes of this section. (2) For a new biofilter installation, you will be allowed up to 180 days following the compliance date or 180 days following initial startup of the biofilter to complete the requirements in paragraph (m)(1) of this section. (3) You may expand your biofilter bed temperature operating range by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (m)(1) of this section that demonstrates compliance with the applicable compliance options of this subpart. (n) Establishing operating requirements for process units meeting compliance options without a control device. (1) During the performance test, you must identify and document the process unit controlling parameter(s) that affect HAP emissions during the three-run performance test. The controlling parameters you identify must coincide with the representative operating conditions you describe according to paragraph (b) of this section. For each parameter, you must specify appropriate monitoring methods, monitoring frequencies, and for continuously monitored parameters, averaging times not to exceed 24 hours. The operating limit for each controlling parameter must then be established as the minimum, maximum, range, or average (as appropriate depending on the parameter) recorded during the performance test. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (2) You may establish different controlling parameter limits for your process unit by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (n)(1) of this section that demonstrates compliance with the compliance options in table 1A, 1C, 1D, or 1E to this subpart for an uncontrolled process unit. (o) Establishing operating requirements using THC CEMS. (1) During the performance test, you must continuously monitor THC concentration using your CEMS during each of the required 1-hour test runs. The maximum THC concentration must then be established as the average of the three maximum 15-minute THC concentrations monitored during the three test runs demonstrating compliance with the applicable standards. Multiple three-run performance tests may be conducted to establish a range of THC concentration values under different operating conditions. (2) You may establish a different maximum THC concentration by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (o)(1) of this section that demonstrates compliance with the compliance options in tables 1A and 1B to this subpart. (p) Establishing wet electrostatic precipitator operating requirements. (1) During the PM or Hg performance test, you must continuously monitor the total secondary electric power during each of the required test runs. The minimum total secondary electric power must then be established as the average of the three minimum 15-minute total secondary electric power values monitored during the three test runs demonstrating compliance with the applicable emission limits in this subpart. (2) During the PM, Hg, or HCl performance test, you must continuously monitor the liquid flow rate to the wet electrostatic precipitator during each of the required test runs. The minimum liquid flow rate must then be established as the average of the three minimum 15-minute liquid flow rate values monitored during the three test runs demonstrating compliance with the applicable emission limits in this subpart. (3) You may establish a different minimum total secondary power or liquid flow rate limits for your wet electrostatic precipitator by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraphs (p)(1) and (2) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (4) For a WESP followed by a control device with a dry exhaust for which you choose to use a COMS instead of WESP parameter monitoring, you must follow the procedures in paragraph (t) of this section for establishing the opacity operating limit. (q) Establishing dry electrostatic precipitator operating requirements. (1) During the PM or Hg performance test, you must continuously monitor the total secondary electric power during each of the required test runs. The minimum total secondary electric power must then be established as the average of the three minimum 15-minute total secondary electric power values monitored during the three test runs demonstrating compliance with the emission limits in this subpart. (2) You may establish a different minimum total secondary power limits for your dry electrostatic precipitator by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (q)(1) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (r) Establishing wet scrubber operating requirements. (1) During the performance test, you must continuously monitor the scrubber liquid flow rate during each of the required test runs. The minimum liquid flow rate must then be established as the average of the three minimum 15-minute liquid flow rate values monitored during the three test runs demonstrating compliance with the compliance options in table 1D or 1E to this subpart. (2) For a wet PM scrubber, during the PM performance test, you must continuously monitor pressure drop across the scrubber during each of the required test runs. The minimum pressure drop must then be established as the average of the three minimum 15-minute pressure drop values monitored during the three test runs demonstrating compliance with the PM limit. (3) For wet acid gas scrubber, during the HCl performance test, you must continuously monitor the scrubber effluent pH during each of the required test runs. The minimum effluent pH must then be established as the average of the three minimum 15-minute pH values monitored during the three test runs demonstrating compliance with the HCl limit. (4) You may establish different minimum liquid flow rate, pressure drop, or pH values for your wet scrubber by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraphs (r)(1) through (3) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (s) Establishing electrified filter bed operating requirements. (1) During the PM or Hg performance test, you must continuously monitor the bed voltage and ionizer voltage during each of the required test runs. The minimum bed voltage limit and ionizer voltage limit must then be established as the average of the three minimum 15-minute bed voltage values and ionizer voltage values monitored during the three test runs demonstrating compliance. (2) During the PM or Hg performance test, you must continuously monitor the pressure drop across the electrified filter bed during each of the required test runs. The pressure drop range limits must then be established as the average of the three minimum and three maximum 15-minute pressure drop values monitored during the three test runs demonstrating compliance with the applicable emission limits in this subpart. (3) You may establish different bed voltage and ionizer voltage limits or pressure drop range limits for your electrified filter bed by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (s)(1) and (2) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. (t) Establishing operating requirements using opacity measured with a COMS. (1) During the PM performance test, you must continuously monitor opacity during each of the required test runs. The maximum opacity limit must then be established as either 10 percent opacity, or the highest hourly average computed from the 6-minute opacity values monitored during the three test runs demonstrating compliance with the PM limit. (2) You may establish different opacity limits by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (t)(1) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of opacity values under different operating conditions. (u) Establishing operating requirements based on pressure drop with opacity observations. (1) During the PM performance test, you must continuously monitor pressure drop across the mechanical collector (or other dry control device) during each of the required test runs. The minimum pressure drop limit must then be established as the average of the three minimum 15-minute pressure drop values monitored during the three test runs demonstrating compliance with the PM limit. (2) During the PM performance test, you must conduct opacity observations of the control device outlet emissions to the atmosphere using EPA Method 9 of appendix A-4 to part 60 of this chapter. You must establish the maximum opacity operating limit as the average of the 6-minute opacity observations during the three test runs demonstrating compliance with the PM limit, or 10 percent opacity, whichever is greater. (3) You may establish a different pressure drop limit or opacity observation limit by submitting the notification specified in § 63.2280(g) and conducting a repeat performance test as specified in paragraph (u)(1) or (2) of this section that demonstrates compliance with the applicable emission limits in this subpart. Multiple three-run performance tests may be conducted to establish a range of parameter values under different operating conditions. [91 FR 41437, July 6, 2026] § 63.2263 Initial compliance demonstration for a dry rotary dryer. If you operate a dry rotary dryer, you must demonstrate that your dryer processes furnish with an inlet moisture content of less than or equal to 30 percent (by weight, dry basis) and operates with a dryer inlet temperature of less than or equal to 600 °F. You must designate and clearly identify each dry rotary dryer. You must record the inlet furnish moisture content (dry basis) and inlet dryer operating temperature according to §§ 63.2269(a), (b), and (c) and 63.2270 for a minimum of 30 calendar days. You must submit the highest recorded 24-hour average inlet furnish moisture content and the highest recorded 24-hour average dryer inlet temperature with your Notification of Compliance Status. In addition, you must submit with the Notification of Compliance Status a signed statement by a responsible official that certifies with truth, accuracy, and completeness that the dry rotary dryer will dry furnish with a maximum inlet moisture content less than or equal to 30 percent (by weight, dry basis) and will operate with a maximum inlet temperature of less than or equal to 600 °F in the future. § 63.2264 Initial compliance demonstration for a hardwood veneer dryer. If you operate a hardwood veneer dryer, you must record the annual volume percentage of softwood veneer species processed in the dryer as follows: (a) Use Equation 1 of this section to calculate the annual volume percentage of softwood species dried: Where: SW% = annual volume percent softwood species dried; SW = softwood veneer dried during the previous 12 months, thousand square feet ( 3/8 T = total softwood and hardwood veneer dried during the previous 12 months, thousand square feet ( 3/8 (b) You must designate and clearly identify each hardwood veneer dryer. Submit with the Notification of Compliance Status the annual volume percentage of softwood species dried in the dryer based on your dryer production for the 12 months prior to the compliance date specified for your source in § 63.2233. If you did not dry any softwood species in the dryer during the 12 months prior to the compliance date, then you need only to submit a statement indicating that no softwood species were dried. In addition, submit with the Notification of Compliance Status a signed statement by a responsible official that certifies with truth, accuracy, and completeness that the veneer dryer will be used to process less than 30 volume percent softwood species in the future. § 63.2265 Initial compliance demonstration for a softwood veneer dryer. If you operate a softwood veneer dryer, you must develop a plan for review and approval for minimizing fugitive emissions from the veneer dryer heated zones, and you must submit the plan with your Notification of Compliance Status. § 63.2266 Initial compliance demonstration for a veneer redryer. If you operate a veneer redryer, you must record the inlet moisture content of the veneer processed in the redryer according to §§ 63.2269(a) and (c) and 63.2270 for a minimum of 30 calendar days. You must designate and clearly identify each veneer redryer. You must submit the highest recorded 24-hour average inlet veneer moisture content with your Notification of Compliance Status to show that your veneer redryer processes veneer with an inlet moisture content of less than or equal to 25 percent (by weight, dry basis). In addition, submit with the Notification of Compliance Status a signed statement by a responsible official that certifies with truth, accuracy, and completeness that the veneer redryer will dry veneer with a moisture content less than 25 percent (by weight, dry basis) in the future. § 63.2267 Initial compliance demonstration for a reconstituted wood product press or board cooler. If you operate a reconstituted wood product press at a new or existing affected source or a reconstituted wood product board cooler at a new affected source, then you must either use a wood products enclosure as defined in § 63.2292 or measure the capture efficiency of the capture device for the press or board cooler using Methods 204 and 204A through 204F of 40 CFR part 51, appendix M (as appropriate), or using the alternative tracer gas method contained in appendix A to this subpart. You must submit documentation that the wood products enclosure meets the press enclosure design criteria in § 63.2292 or the results of the capture efficiency verification with your Notification of Compliance Status. § 63.2268 Initial compliance demonstration for a wet control device. If you use a wet control device as the sole means of reducing HAP emissions (including total HAP, methanol, or formaldehyde), you must develop and implement a plan for review and approval to address how organic HAP captured in the wastewater from the wet control device is contained or destroyed to minimize re-release to the atmosphere such that the desired emissions reductions are obtained. You must submit the plan with your Notification of Compliance Status. [91 FR 41441, July 6, 2026] § 63.2269 What are my monitoring installation, operation, and maintenance requirements? (a) General continuous parameter monitoring requirements. (1) The CPMS must be capable of completing a minimum of one cycle of operation (sampling, analyzing, and recording) for each successive 15-minute period. (2) At all times, you must maintain the monitoring equipment including, but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment. (3) Record the results of each inspection, calibration, and validation check. (b) Temperature monitoring. (1) Locate the temperature sensor in a position that provides a representative temperature. (2) Use a temperature sensor with a minimum accuracy of 4 °F or 0.75 percent of the temperature value, whichever is larger. (3) If a chart recorder is used, it must have a sensitivity with minor divisions not more than 20 °F. (4) Validate the temperature sensor's reading at least semiannually using the requirements of paragraph (b)(4)(i), (ii), (iii), (iv), or (v) of this section: (i) Compare measured readings to a National Institute of Standards and Technology (NIST) traceable temperature measurement device or simulate a typical operating temperature using a NIST traceable temperature simulation device. When the temperature measurement device method is used, the sensor of the NIST traceable calibrated device must be placed as close as practicable to the process sensor, and both devices must be subjected to the same environmental conditions. The accuracy of the temperature measured must be 2.5 percent of the temperature measured by the NIST traceable device or 5 °F, whichever is greater. (ii) Follow applicable procedures in the thermocouple manufacturer owner's manual. (iii) Request thermocouple manufacturer to certify or re-certify electromotive force (electrical properties) of the thermocouple. (iv) Replace thermocouple with a new certified thermocouple in lieu of validation. (v) Permanently install a redundant temperature sensor as close as practicable to the process temperature sensor. The sensors must yield a reading within 30 °F of each other for thermal oxidizers and catalytic oxidizers; within 5 °F of each other for biofilters; and within 20 °F of each other for dry rotary dryers. (5) Conduct validation checks using the procedures in paragraph (b)(4) of this section any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (6) At least quarterly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion. (c) Wood moisture monitoring. (1) For dry rotary dryers, use a continuous moisture monitor with a minimum accuracy of 1 percent (dry basis) moisture or better in the 25 to 35 percent (dry basis) moisture content range. For veneer redryers, use a continuous moisture monitor with a minimum accuracy of 3 percent (dry basis) moisture or better in the 15 to 25 percent (dry basis) moisture content range. Alternatively, you may use a continuous moisture monitor with a minimum accuracy of 5 percent (dry basis) moisture or better for dry rotary dryers used to dry furnish with less than 25 percent (dry basis) moisture or for veneer redryers used to redry veneer with less than 20 percent (dry basis) moisture. (2) Locate the moisture monitor in a position that provides a representative measure of furnish or veneer moisture. (3) Calibrate the moisture monitor based on the procedures specified by the moisture monitor manufacturer at least once per semiannual compliance period (or more frequently if recommended by the moisture monitor manufacturer). (4) At least quarterly, inspect all components of the moisture monitor for integrity and all electrical connections for continuity. (5) Use Equation 1 of this section to convert percent moisture measurements wet basis to a dry basis: Where: MC dry MC wet (d) Continuous emission monitoring system(s). (1) Each CEMS for monitoring THC concentration must be installed, operated, and maintained according to Performance Specification 8 of 40 CFR part 60, appendix B. You must also comply with Procedure 1 of 40 CFR part 60, appendix F. (2) You must conduct a performance evaluation of each CEMS according to the requirements in § 63.8 and according to Performance Specification 8 of 40 CFR part 60, appendix B. (3) As specified in § 63.8(c)(4)(ii), each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (4) The CEMS data must be reduced as specified in §§ 63.8(g)(2) and 63.2270(d) and (e). (e) Continuous opacity monitoring systems (COMS). (1) Each COMS must be installed, operated, and maintained according to Performance Specification 1 at appendix B to part 60 of this chapter. (2) You must conduct a performance evaluation of each COMS according to the requirements in § 63.8(e) and according to Performance Specification 1 at appendix B to part 60 of this chapter. (3) As specified in § 63.8(c)(4)(i), each COMS must complete a minimum of one cycle of sampling and analyzing for each successive 10-second period and one cycle of data recording for each successive 6-minute period. (4) The COMS data must be reduced as specified in §§ 63.8(g)(2) and 63.2270(e). (5) You must document procedures and acceptance criteria for operating and maintaining each COMS according to the requirements in § 63.8(d). At a minimum, the documentation must include a daily calibration drift assessment, a quarterly performance audit, and an annual zero alignment audit of each COMS. (6) You must operate and maintain each COMS according to the requirements of § 63.8(e). You must identify periods the COMS is out of control including any periods that the COMS fails to pass a daily calibration drift assessment, a quarterly performance audit, or an annual zero alignment audit. Any 6-minute period for which the monitoring system is out of control and data are not available for a required calculation constitutes a deviation from the monitoring requirements. (7) You must determine and record all the 6-minute averages (and 24-hour block averages as applicable) collected for periods during which the COMS is not out of control. (f) Pressure monitoring. (1) Install the pressure sensor(s) in a position that provides a representative measurement of the pressure ( e.g., (2) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion consistent with good engineering practices. (3) Use a pressure sensor with a minimum tolerance of 1.27 centimeters of water or a minimum tolerance of 1 percent of the pressure monitoring system operating range, whichever is less. (4) Perform checks at least once each process operating day to ensure pressure measurements are not obstructed ( e.g., (5) Conduct a performance evaluation of the pressure monitoring system at the time of each performance test but no less frequently than annually. (6) If at any time the measured pressure exceeds the manufacturer's specified maximum operating pressure range, conduct a performance evaluation of the pressure monitoring system and confirm that the pressure monitoring system continues to meet the performance requirements. Alternatively, install and verify the operation of a new pressure sensor. (g) pH monitoring. (1) Install the pH sensor in a position that provides a representative measurement of scrubber effluent pH. (2) Ensure the sample is properly mixed and representative of the fluid to be measured. (3) Calibrate the pH monitoring system according to the manufacturer's instructions. Clean the pH probe at least once each process operating day. Maintain on-site documentation that your calibration frequency is sufficient to maintain the specified accuracy of your device. (4) Conduct a performance evaluation (including a two-point calibration with one of the two buffer solutions having a pH within 1 of the pH of the operating limit) of the pH monitoring system at the time of each performance test but no less frequently than annually. (h) Liquid flow rate monitoring. (1) Locate the flow sensor and other necessary equipment in a position that provides a representative flow. (2) Use a flow sensor with a measurement sensitivity of 2 percent of the flow rate. (3) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (4) Conduct a flow sensor calibration check at least annually. (i) Secondary electric power input monitoring. (1) Install sensors to measure (secondary) voltage and current to the precipitator collection plates. (2) Conduct a performance evaluation of the electric power monitoring at the time of each performance test but no less frequently than annually. (j) Electrified filter bed voltage monitoring. (1) Install sensors to measure voltage to the electrified filter bed. (2) Conduct a performance evaluation of the voltage monitoring at the time of each performance test but no less frequently than annually. (k) Combustion unit bypass stack monitoring. (1) Install a sensor to continuously monitor an indicator of bypass stack usage such as flow damper position or temperature. (2) Conduct a performance evaluation of the bypass stack monitor at the time of each performance test but no less frequently than annually. (l) Process unit bypass stack monitoring. (1) Install a sensor to continuously monitor an indicator of bypass stack usage such as flow damper position or temperature. (2) Conduct a performance evaluation of the bypass stack monitor at the time of each performance test but no less frequently than annually. (m) Lumber kiln temperature monitoring. (1) For purposes of complying with dry bulb temperature limits in § 63.2241(e)(3)(i) or (ii), dry bulb temperature monitor(s) must be located in a position to determine the dry bulb temperature of the heated air that exits the lumber. (2) Facilities complying with the site-specific plan in § 63.2241(e)(3)(iii) must describe the number and location of temperature monitors in the site-specific plan. (n) Lumber moisture monitoring under hybrid option. (1) For lumber moisture content measured after the lumber exits the kiln, you must obtain at least one lumber moisture content measurement per either twenty thousand board feet (20 MBF or 20,000 BF) of board lumber produced or per 2,000 cubic feet (2,000 CF) of round lumber produced. (2) For lumber moisture content measured in the kiln, lumber moisture measurements must be obtained as follows for each kiln type: (i) For batch kilns with in-kiln moisture monitoring, lumber moisture measurements must be distributed in different areas of the kiln. At least one lumber moisture reading per crib must be obtained. (ii) For continuous kilns with in-kiln moisture monitoring, lumber moisture measurements must be obtained for each crib of lumber dried. (o) Lumber moisture monitoring under site-specific plan. (1) The site-specific plan must include a method for monitoring lumber moisture content (weight percent, dry basis) and specify the location of such monitoring within the lumber manufacturing process (for example, at the kiln unloading track, in lumber storage, or at the planer). (2) You must obtain at least one lumber moisture content measurement per twenty thousand board feet (20 MBF or 20,000 BF) of board lumber produced or per 2,000 cubic feet (2,000 CF) of round lumber produced. [69 FR 46011, July 30, 2004, as amended at 71 FR 8372, Feb. 16, 2006; 85 FR 49456, Aug. 13, 2020; 91 FR 41441, July 6, 2026] Continuous Compliance Requirements § 63.2270 How do I monitor and collect data to demonstrate continuous compliance? (a) You must monitor and collect data according to this section. (b) Except for, as appropriate, monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must conduct all monitoring in continuous operation at all times that the process unit is operating. For purposes of calculating data averages, you must not use data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities. You must use all the data collected during all other periods in assessing compliance. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out-of-control and data are not available for required calculations constitutes a deviation from the monitoring requirements. (c) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities or data recorded during periods of safety-related shutdown, pressurized refiner startup or shutdown, startup and shutdown of direct-fired softwood veneer dryer gas-fired burners, or control device downtime covered in any approved routine control device maintenance exemption in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control system. (d) Except as provided in paragraph (e) of this section, determine the 3-hour block average of all recorded readings, calculated after every 3 hours of operation as the average of the evenly spaced recorded readings in the previous 3 operating hours (excluding periods described in paragraphs (b) and (c) of this section). (e) For dry rotary dryer and veneer predryer wood moisture monitoring, dry rotary dryer temperature monitoring, biofilter bed temperature monitoring, biofilter outlet THC monitoring, and continuous opacity monitoring, determine the 24-hour block average of all recorded readings, calculated after every 24 hours of operation as the average of the evenly spaced recorded readings in the previous 24 operating hours (excluding periods described in paragraphs (b) and (c) of this section). (f) To calculate the data averages for each 3-hour or 24-hour averaging period, you must have at least 75 percent of the required recorded readings for that period using only recorded readings that are based on valid data ( i.e. (g) The requirements in paragraphs (c) through (f) of this section do not apply for monitoring the usage of process unit bypass stacks or combustion unit bypass stacks as such monitoring must be conducted continuously at all times that the process unit or combustion unit (that routinely direct-fires a PCWP dryer or lumber kiln) is operating. You must record the dates and times when each bypass stack is used and use the recording readings (excluding invalid data described in paragraph (b) of this section) to calculate and report the total duration of bypass stack usage during the semiannual reporting period. (h) For lumber kilns, the following temperature data averaging requirements apply: (1) Temperature limit and hybrid options. (i) For batch kilns, calculate the average from the recorded readings during each batch cycle, and maintain the batch cycle average dry bulb temperature at or below the maximum temperature limits specified in either § 63.2241(e)(3)(i) or (ii), whichever applies. (ii) For continuous dry kilns, calculate the daily block average from the recorded readings and maintain the daily block average dry bulb temperature at or below the maximum temperature limits specified in either § 63.2241(e)(3)(i) or (ii), whichever applies. (2) Site specific plan option. (i) For lumber kilns using the hybrid option, the following lumber moisture data averaging requirements must be followed: (1) Using the lumber moisture content measurement data collected according to § 63.2269(n), calculate and record the semiannual average kiln-dried lumber moisture content for lumber with a given moisture specification produced at the facility. (2) Compare the semiannual average lumber moisture content for each moisture specification produced at the facility to the applicable minimum kiln-dried moisture content limits included in table 11 to this subpart to determine compliance. (j) For lumber kilns using the site-specific option, the following lumber moisture data averaging requirements must be followed: (1) Using the lumber moisture content measurement data collected, calculate and record the monthly and semiannual average kiln-dried lumber moisture content. (2) Compare the monthly average lumber moisture content to the minimum kiln-dried lumber moisture content limit included in the site-specific plan based on § 63.2241(e)(4) and table 11 to this subpart. You must take corrective action if the monthly average lumber moisture content determined in paragraph (j)(1) of this section is below the minimum lumber moisture content limit in the site-specific plan. You must maintain records of corrective actions taken and report corrective actions in the semiannual report. (3) Compare the semiannual average kiln-dried lumber moisture content to the minimum lumber moisture content limit included in the site-specific plan based on § 63.2241(e)(4) of this section and table 11 to this subpart to determine compliance. (k) If you observe opacity using EPA Method 9 of appendix A-4 to part 60 of this chapter (in conjunction with pressure drop monitoring) instead of using a COMS for mechanical collectors (or other dry control device not listed elsewhere in table 2 to this subpart) to meet a compliance option in table 1D or 1E to this subpart, you must follow the procedure for demonstrating continuous compliance with the opacity observation limit in paragraphs (k)(1) and (2) of this section. (1) A qualified observer must conduct two weekly 6-minute opacity observations of the mechanical collector (or other dry control device) exhaust to the atmosphere according to EPA Method 9 of appendix A-4 in part 60 of this chapter and 40 CFR 60.11 to demonstrate the opacity remains below the maximum limit established according to § 63.2262(u). (2) If the average of the two weekly 6-minute opacity observations exceeds the maximum opacity limit established in paragraph (k)(1) of this section, you must take appropriate corrective action to correct the above normal emissions as soon as practicable and within the monitoring period and record the action taken. [69 FR 46011, July 30, 2004, as amended at 85 FR 49456, Aug. 13, 2020; 91 FR 41442, July 6, 2026] § 63.2271 How do I demonstrate continuous compliance with the compliance options, operating requirements, and work practice requirements? (a) You must demonstrate continuous compliance with the compliance options, operating requirements, and work practice requirements in §§ 63.2240 and 63.2241 that apply to you according to the methods specified in Tables 7 and 8 to this subpart. (b) You must report each instance in which you did not meet each compliance option, operating requirement, and work practice requirement in Tables 7 and 8 to this subpart that applies to you. This includes periods of startup, shutdown, and malfunction and periods of control device maintenance specified in paragraphs (b)(1) through (4) of this section. These instances are deviations from the compliance options, operating requirements, and work practice requirements in this subpart. These deviations must be reported according to the requirements in § 63.2281. (1)-(2) [Reserved] (3) Deviations that occur during periods of control device maintenance covered by any approved routine control device maintenance exemption are not violations if you demonstrate to the EPA Administrator's satisfaction that you were operating in accordance with the approved routine control device maintenance exemption. (4) Instances of safety-related shutdown, pressurized refiner startup and shutdown, and startup and shutdown of direct-fired softwood veneer dryer gas-fired burners subject to the work practice requirements in table 3 to this subpart (rows 6 through 8) must be reported as required in § 63.2281(c)(4). Instances when the work practice requirements in table 3 to this subpart (rows 6 through 8) are used are not considered to be deviations from (or violations of) the otherwise applicable compliance options, operating requirements and work practice requirements (in rows 1 through 5 of table 3 to this subpart) as long as you do not exceed the minimum amount of time necessary for these events and continuously monitor process unit bypass stack usage during the events as required in § 63.2240(e) and table 2 to this subpart. (c) For direct-fired PCWP dryers (including direct wood-fired PCWP dryers and direct natural gas-fired PCWP dryers) and direct-fired lumber kilns, demonstrate compliance with the annual tune-up requirement in § 63.2241(d) and table 3 to this subpart as specified in paragraphs (c)(1) through (8) of this section. (1) You must conduct the tune-up while burning the type of fuel (or fuels in case of units that routinely burn a mixture) that provided the majority of the heat input to PCWP dryer or lumber kiln over the 12 months prior to the tune-up. (2) Inspect the burner and (if applicable) grates. Clean, repair, or replace any components of the burner and grates as necessary. This work must be initiated within 30 days after the inspection and completed within 180 days following the inspection identifying the need for the corrective action. If the corrective action cannot be completed within 180 days, a written request for an extension may be submitted to the delegated authority, who may grant an extension if they determine additional time is necessary. (3) For direct-fired PCWP dryers with burners in the dryer or separate combustion unit(s), inspect the flame pattern (as applicable) and adjust the burner as necessary to optimize the flame pattern. The adjustment should be consistent with the manufacturer's specifications, if available. (4) For each direct-fired PCWP dryer with a burner in the dryer, cycle the burner through its firing range to ensure the burner functions satisfactorily throughout the operating range. (5) Inspect the combustion air system and system that controls the air-to-fuel ratio to make sure it is functioning properly (according to the manufacturer's guidelines, if available). (6) Inspect the fuel delivery system and, if applicable, the ash removal system to make sure each system is functioning properly (according to the manufacturer's guidelines, if available). (7) Record the results of each inspection and corrective action taken, as required in § 63.2282. (8) The required inspections and any necessary maintenance must be performed annually (no more than 13 months after previous inspection). If inspections are performed more frequently than annually, required equipment maintenance and replacement may be delayed until the next scheduled shutdown of the combustion unit firing a PCWP dryer or lumber kiln. [69 FR 46011, July 30, 2004, as amended at 71 FR 20463, Apr. 20, 2006; 85 FR 49456, Aug. 13, 2020; 91 FR 41443, July 6, 2026] Notifications, Reports, and Records § 63.2280 What notifications must I submit and when? (a) You must submit all of the notifications in §§ 63.7(b) and (c), 63.8(e) and (f)(4) and (6), 63.9(b) through (e) and (g) and (h) by the dates specified. (b) You must submit an Initial Notification no later than 120 calendar days after September 28, 2004, 120 calendar days after initial startup, or no later than 120 days after the source becomes subject to this subpart, or after initial startup, whichever is later, as specified in § 63.9(b)(2). Initial notifications required in § 63.9(b) must be submitted in a user-specified format such as portable document format (PDF) following the procedure specified in § 63.9(k) except the Confidential Business Information (CBI) should be submitted according to § 63.2281(k). (c) If you are required to conduct a performance test, you must submit a written notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin as specified in § 63.7(b)(1). (d) If you are required to conduct a performance test, design evaluation, or other compliance demonstration as specified in tables 4 through 6 to this subpart, or a repeat performance test as specified in table 7 to this subpart, you must submit a Notification of Compliance Status as specified in § 63.9(h)(2)(ii). Notifications of Compliance Status must be submitted in a user-specified format such as portable document format (PDF) following the procedure specified in § 63.9(k) except the CBI should be submitted according to § 63.2281(k). (1) For each initial compliance demonstration required in Table 5 or 6 to this subpart that does not include a performance test, you must submit the Notification of Compliance Status before the close of business on the 30th calendar day following the completion of the initial compliance demonstration. (2) For each compliance demonstration required in Tables 5, 6, and 7 to this subpart that includes a performance test conducted according to the requirements in Table 4 to this subpart, you must submit the Notification of Compliance Status, including a summary of the performance test results, before the close of business on the 60th calendar day following the completion of the performance test. (e) If you request a routine control device maintenance exemption according to § 63.2251, you must submit your request for the exemption no later than 30 days before the compliance date. (f) [Reserved] (g) You must notify the EPA Administrator within 30 days before you take any of the actions specified in paragraphs (g)(1) and (3) of this section. (1) You modify or replace the control system for any process unit subject to the compliance options and operating requirements in this subpart. (2) [Reserved] (3) You change a continuous monitoring parameter or the value or range of values of a continuous monitoring parameter for any process unit or control device. [69 FR 46011, July 30, 2004, as amended at 85 FR 49457, Aug. 13, 2020; 85 FR 73902, Nov. 19, 2020; 91 FR 41443, July 6, 2026] § 63.2281 What reports must I submit and when? (a) You must submit each report in table 9 to this subpart that applies to you. (b) Unless the EPA Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report by the date in table 9 to this subpart and as specified in paragraphs (b)(1) through (6) of this section. (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.2233 ending on June 30 or December 31, and lasting at least 6 months, but less than 12 months. For example, if your compliance date is March 1, then the first semiannual reporting period would begin on March 1 and end on December 31. (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31 for compliance periods ending on June 30 and December 31, respectively. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31 for the semiannual reporting period ending on June 30 and December 31, respectively. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (6) Submit all reports following the procedure specified in § 63.9(k) except the CBI should be submitted according to paragraph (k) of this section. (c) The compliance report must contain the information in paragraphs (c)(1) through (11) of this section. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. (4) The compliance report must include the number of instances and total amount of time during the reporting period in which each of the work practice requirements in table 3 to this subpart (row 6, 7, or 8) is used in place of the otherwise applicable compliance options, operating requirements, and work practice requirements (in table 3 to this subpart rows 1 through 5). If a work practice in table 3 to this subpart (row 6, 7, or 8) is used for more than a total of 100 hours during the semiannual reporting period, you must report the date, time and duration of each instance when that one work practice exceeding 100 hours was used. (5) A description of control device maintenance performed while the control device was offline and one or more of the process units controlled by the control device was operating, including the information specified in paragraphs (c)(5)(i) through (iii) of this section. (i) The date and time when the control device was shut down and restarted. (ii) Identification of the process units that were operating and the number of hours that each process unit operated while the control device was offline. (iii) A statement of whether or not the control device maintenance was included in your approved routine control device maintenance exemption developed pursuant to § 63.2251. If the control device maintenance was included in your approved routine control device maintenance exemption, then you must report the information in paragraphs (c)(5)(iii)(A) through (C) of this section. (A) The total amount of time that each process unit controlled by the control device operated during the semiannual compliance period and during the previous semiannual compliance period. (B) The amount of time that each process unit controlled by the control device operated while the control device was down for maintenance covered under the routine control device maintenance exemption during the semiannual compliance period and during the previous semiannual compliance period. (C) Based on the information recorded under paragraphs (c)(5)(iii)(A) and (B) of this section for each process unit, compute the annual percent of process unit operating uptime during which the control device was offline for routine maintenance using the following equation. Equation 1 to Paragraph (c)(5)(iii)(C) Where: RM = Annual percentage of process unit uptime during which control device is down for routine control device maintenance. PU p PU c DT p DT c (6) [Reserved] (7) If there are no deviations from any applicable compliance option or operating requirement, and there are no deviations from the requirements for work practice requirements in table 8 to this subpart, a statement that there were no deviations from the compliance options, operating requirements, or work practice requirements during the reporting period. (8) If there were no periods during which the continuous monitoring system (CMS), including CEMS, COMS, and CPMS, was out-of-control as specified in § 63.8(c)(7), a statement that there were no periods during which the CMS was out-of-control during the reporting period. (9) For each combustion unit subject to tune-up requirements, include the date of the most recent burner tune-up and a summary of corrective actions taken. (10) The total time (hours) during the semiannual reporting period that each combustion unit bypass stack or each process unit bypass stack was used. (11) For each lumber kiln, the information specified in paragraphs (c)(11)(i) though (v) of this section. (i) A description of updates to the O&M plan made during the reporting period, as required under § 63.2253(a)(4). (ii) If complying with the dry bulb temperature limit option in § 63.2241(e)(3)(i), note the applicable maximum dry bulb temperature limit according to kiln type, and report deviations from the dry bulb temperature limit batch cycle average (for batch kilns) or daily block average (for continuous kilns) calculated according to § 63.2270(h)(1). (iii) If complying with a site-specific temperature limit under a site-specific plan in § 63.2241(e)(3)(iii)(A), note the site-specific temperature parameter limit, and report deviations from the 3-hour block average temperature parameter limit included in the site-specific plan calculated according to § 63.2270(h)(2). (iv) If complying with the hybrid option in § 63.2241(e)(3)(ii), note the applicable maximum dry bulb temperature limit according to kiln type, report deviations from the dry bulb temperature limit batch cycle average (for batch kilns) or daily block average (for continuous kilns) calculated according to § 63.2270(h)(1), and report the semiannual average lumber moisture content determined according to § 63.2270(i). (v) If complying with a site-specific approach for monitoring kiln-dried lumber moisture content under a site-specific plan in § 63.2241(e)(3)(iii)(B), describe the lumber moisture monitoring method and location and note the site-specific minimum kiln-dried lumber moisture content limit included in the site-specific plan. Report corrective actions taken as a result of monthly lumber moisture content averages (determined according to § 63.2270(g)) that are below the minimum lumber moisture content limit in the site-specific plan. Report the semiannual average kiln-dried lumber moisture content value determined according to § 63.2270(g). (d) For each deviation from a compliance option or operating requirement and for each deviation from the work practice requirements in table 8 to this subpart that occurs at an affected source where you are not using a CMS to comply with the compliance options, operating requirements, or work practice requirements in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (5) of this section and in paragraphs (d)(1) and (2) of this section. This includes periods of startup, shutdown, and malfunction and routine control device maintenance. (1) The total operating time of each affected source during the reporting period. (2) Information on the date, time, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (e) For each deviation from a compliance option, operating requirement, or work practice requirement occurring at an affected source where you are using a CMS to comply with the compliance options, operating requirements, or work practice requirements in this subpart, you must include the information in paragraphs (c)(1) through (5) and (e)(2) through (13) of this section. This includes periods of startup, shutdown, and malfunction and routine control device maintenance. (1) [Reserved] (2) The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks. (3) The date, time, and duration that each CMS was out-of-control, including the information in § 63.8(c)(8). (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction; during a period of control device maintenance covered in your approved routine control device maintenance exemption; or during another period. (5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control system problems, control device maintenance, process problems, other known causes, and other unknown causes. (7) A summary of the total duration of CMS downtime during the reporting period and the total duration of CMS downtime as a percent of the total source operating time during that reporting period. (8) A brief description of the process units. (9) A brief description of the CMS. (10) The date of the latest CMS certification or audit. (11) A description of any changes in CMS, processes, or controls since the last reporting period. (12) For any failure to meet a compliance option in § 63.2240, including the compliance options in table 1A through 1E to this subpart, provide an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (13) The total operating time of each affected source during the reporting period. (f) [Reserved] (g) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A). If an affected source submits a compliance report pursuant to table 9 to this subpart along with, or as part of, the semiannual monitoring report required by § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any compliance option, operating requirement, or work practice requirement in this subpart, submission of the compliance report shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permitting authority. (h) If you are required to submit reports following the procedure specified in this paragraph (h), you must submit reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (i) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (i)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. (3) Confidential Business Information (CBI). (j) Within 60 days after the date of completing each continuous monitoring system (CMS) performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (j)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (3) Confidential Business Information (CBI). (k) For Confidential Business Information (CBI): (1) The preferred method to receive CBI is for it to be transmitted electronically using email attachments, File Transfer Protocol, or other online file sharing services. Electronic submissions must be transmitted directly to the OCAP CBI Office at the email address ocapcbi@epa.gov, ocapcbi@epa.gov (2) If you cannot transmit the file electronically, you may send CBI information through the postal service to the following address: OCAP Document Control Officer (C404-02), OCAP, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711, Attention Sector Lead—Plywood and Composite Wood Products. The mailed CBI material should be double wrapped and clearly marked. Any CBI markings should not show through the outer envelope. (3) All CBI claims must be asserted at the time of submission. Anything submitted using CEDRI cannot later be claimed CBI. Furthermore, under CAA section 114(c), emissions data is not entitled to confidential treatment, and the EPA is required to make emissions data available to the public. Thus, emissions data will not be protected as CBI and will be made publicly available. (4) You must submit the same file submitted to the CBI office with the CBI omitted to the EPA via the EPA's CDX as described in § 63.9(k). (l) [Reserved] [91 FR 41444, July 6, 2026] § 63.2282 What records must I keep? (a) You must keep the records listed in paragraphs (a)(1) through (4) of this section. (1) A copy of each notification and report that you submitted to comply with this subpart, including all documentation supporting any Initial Notification or Notification of Compliance Status that you submitted, according to the requirements in § 63.10(b)(2)(xiv). (2) Records related to startup and shutdown, failures to meet the standard, and actions taken to minimize emissions, specified in paragraphs (a)(2)(i) through (iv) of this section. (i) Record the date, time, and duration of each startup and/or shutdown period, including the periods when the affected source was subject to the standard applicable to startup and shutdown. (ii) In the event that an affected unit fails to meet an applicable standard, record the number of failures; for each failure, record the date, time, cause and duration of each failure. (iii) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, and the following information: (A) For any failure to meet a compliance option in § 63.2240, including the compliance options in tables 1A through 1E to this subpart, record an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (B) For each failure to meet an operating requirement in Table 2 to this subpart or work practice requirement in Table 3 to this subpart, maintain sufficient information to estimate the quantity of each regulated pollutant emitted over the emission limit. This information must be sufficient to provide a reliable emissions estimate if requested by the Administrator. (iv) Record actions taken to minimize emissions in accordance with § 63.2250(g), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (3) Documentation of your approved routine control device maintenance exemption, if you request such an exemption under § 63.2251. (4) Records of performance tests and performance evaluations as required in § 63.10(b)(2)(viii). (b) You must keep the records required in Tables 7 and 8 to this subpart to show continuous compliance with each compliance option, operating requirement, and work practice requirement that applies to you. (c) For each CMS, you must keep the following records: (1) Records described in § 63.10(b)(2)(vi) through (xi). (2) Previous ( i.e., (3) Request for alternatives to relative accuracy testing for CEMS as required in § 63.8(f)(6)(i). (4) Records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. (d) [Reserved] (e) If you operate a catalytic oxidizer, you must keep records of annual catalyst activity checks and subsequent corrective actions. (f) You must keep the written CMS quality control procedures required by § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this subpart, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., [69 FR 46011, July 30, 2004, as amended at 85 FR 49459, Aug. 13, 2020; 85 FR 51668, Aug. 21, 2020; 91 FR 41446, July 6, 2026] § 63.2283 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review as specified in § 63.10(b)(1). (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record according to § 63.10(b)(1). You can keep the records offsite for the remaining 3 years. (d) [Reserved] [69 FR 46011, July 30, 2004, as amended at 85 FR 49460, Aug. 13, 2020; 91 FR 41446, July 6, 2026] Other Requirements and Information § 63.2290 What parts of the general provisions apply to me? Table 10 to this subpart shows which parts of the general provisions in §§ 63.1 through 63.16 apply to you. [85 FR 49460, Aug. 13, 2020] § 63.2291 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (5) of this section. (1) Approval of alternatives to the compliance options, operating requirements, and work practice requirements in §§ 63.2240 and 63.2241 as specified in § 63.6(g). For the purposes of delegation authority under 40 CFR part 63, subpart E, “compliance options” represent “emission limits”; “operating requirements” represent “operating limits”; and “work practice requirements” represent “work practice standards.” (2) Approval of major alternatives to test methods as specified in § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring as specified in § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting as specified in § 63.10(f) and as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [69 FR 46011, July 30, 2004, as amended at 72 FR 61063, Oct. 29, 2007; 85 FR 49460, Aug. 13, 2020] § 63.2292 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act (CAA), in § 63.2, and in this section as follows: 1-hour period Affected source Agricultural fiber Atmospheric refiner Biofilter Blender Capture device Capture efficiency Catalytic oxidizer Combustion unit Combustion unit bypass stack Control device Control system or add-on control system Conveyor strand dryer conveyor strand dryer Conveyor strand dryer zone e.g., Curing chamber Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any compliance option, operating requirement, or work practice requirement; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart, and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any compliance option, operating requirement, or work practice requirement in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. A deviation is not always a violation. The determination of whether a deviation constitutes a violation of the standard is up to the discretion of the entity responsible for enforcement of the standards. Direct-fired process unit Direct natural gas-fired PCWP dryer Direct wood-fired PCWP dryer Dry forming Dry rotary dryer Dryer heated zones Engineered wood product Engineered wood product press Fiber Fiber washer Fiberboard Fiberboard mat dryer fiberboard mat dryer Finishing sander Finishing saw Flame zone Former or forming system Furnish Glue-laminated beam Glue-laminated beam press Green rotary dryer green rotary dryer Group 1 miscellaneous coating operations Hardboard Hardboard oven hardboard oven Hardwood Hardwood plywood press Hardwood veneer dryer hardwood veneer dryer Humidifier or humidification chamber Kiln-dried lumber Laminated strand lumber (LSL) Laminated veneer lumber (LVL) Laminated veneer lumber Log vat Lumber Lumber kiln LVL or PSL press Maximum lumber moisture specification Maximum true vapor pressure (1) From safety data sheets or other technical information provided by the PCWP resin supplier; or (2) Standard reference texts; or (3) Any other method approved by the Administrator. Medium density fiberboard (MDF) Method detection limit Miscellaneous coating operations Mixed PCWP process stream Molded particleboard MSF 3/8 Multipurpose atmospheric refiner multipurpose atmospheric refiner Natural gas (1) A naturally occurring mixture of hydrocarbon and nonhydrocarbon gases found in geologic formations beneath the earth's surface, of which the principal constituent is methane; or (2) Liquefied petroleum gas, as defined in ASTM D1835-05 (incorporated by reference, see § 63.14); or (3) A mixture of hydrocarbons that maintains a gaseous state at ISO conditions. Additionally, natural gas must either be composed of at least 70 percent methane by volume or have a gross calorific value between 35 and 41 megajoules (MJ) per dry standard cubic meter (950 and 1,100 Btu per dry standard cubic foot); or (4) Propane or propane derived synthetic natural gas. Propane means a colorless gas derived from petroleum and natural gas, with the molecular structure C 3 8 Nondetect data Non-HAP coating Non-HAP resin Oriented strandboard (OSB) Oven-dried ton(s) (ODT) Panel-trim chipper Parallel strand lumber (PSL) Parallel strand lumber Partial wood products enclosure Particle Particleboard PCWP dryer Plywood Plywood and composite wood products (PCWP) manufacturing facility Polycyclic aromatic hydrocarbons (PAH) Post-dryer atmospheric refiner post-dryer atmospheric refiner Press predryer press predryer Pressurized refiner i.e., pressurized refiner Primary tube dryer e.g., primary tube dryer Process unit Process unit bypass stack Process unit(s) subject to standards effective on July 6, 2026, Reconstituted wood product board cooler e.g., reconstituted wood product board cooler Reconstituted wood product press reconstituted wood product press Representative operating conditions e.g., Resin Resin tank Resinated material handling (RMH) process unit Responsible official Rotary strand dryer Safety-related shutdown Secondary tube dryer secondary tube dryer Softwood Softwood plywood press Softwood veneer dryer softwood veneer dryer Stand-alone digester Startup Startup, initial Strand Temporary total enclosure (TTE) Thermal oxidizer Total hazardous air pollutant emissions Tube dryer tube dryer Veneer Veneer redryer veneer redryer Wet control device Wet forming Wood I-joists Wood products enclosure (1) Any natural draft opening shall be at least four equivalent opening diameters from each HAP-emitting point, except for where board enters and exits the enclosure, unless otherwise specified by the EPA Administrator. (2) The total area of all natural draft openings shall not exceed 5 percent of the surface area of the enclosure's four walls, floor, and ceiling. (3) The average facial velocity of air through all natural draft openings shall be at least 3,600 meters per hour (200 feet per minute). The direction of airflow through all natural draft openings shall be into the enclosure. (4) All access doors and windows whose areas are not included in item 2 of this definition and are not included in the calculation of facial velocity in item 3 of this definition shall be closed during routine operation of the process. (5) The enclosure is designed and maintained to capture all emissions for discharge through a control device. Work practice requirement [91 FR 41446, July 6, 2026] Table 1A to Subpart DDDD of Part 63—Production-Based Compliance Options For the following process units . . . You must meet the following production-based compliance option (total HAP a (1) Fiberboard mat dryer heated zones (at new affected sources only) 0.022 lb/MSF 1 2 (2) Green rotary dryers 0.058 lb/ODT. (3) Hardboard ovens 0.022 lb/MSF 1 8 (4) Press predryers (at new affected sources only) 0.037 lb/MSF 1 2 (5) Pressurized refiners 0.039 lb/ODT. (6) Primary tube dryers 0.26 lb/ODT. (7) Reconstituted wood product board coolers (at new affected sources only) 0.014 lb/MSF 3 4 (8) Reconstituted wood product presses 0.30 lb/MSF 3 4 (9) Softwood veneer dryer heated zones 0.022 lb/MSF 3 8 (10) Rotary strand dryers 0.18 lb/ODT. (11) Secondary tube dryers 0.010 lb/ODT. a Note: Table 1B to Subpart DDDD of Part 63—Add-on Control Systems Compliance Options For each of the following process units . . . You must comply with one of the following six compliance options by using an emissions control system . . . Fiberboard mat dryer heated zones (at new affected sources only); green rotary dryers; hardboard ovens; press predryers (at new affected sources only); pressurized refiners; primary tube dryers; secondary tube dryers; reconstituted wood product board coolers (at new affected sources only); reconstituted wood product presses; softwood veneer dryer heated zones; rotary strand dryers; conveyor strand dryer zone one (at existing affected sources); and conveyor strand dryer zones one and two (at new affected sources) (1) Reduce emissions of total HAP, measured as THC (as carbon) a a a Table 1C to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2026 Table 1C to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2026 If you operate a(n) . . . For process units at an affected source that commenced construction or reconstruction on or before May 18, 2023, you must comply with the following compliance options 1 For process units at an affected source that commenced construction or reconstruction after May 18, 2023, you must comply with the following compliance options 1 Fiberboard mat dryer heated zones at an affected source that commenced construction or reconstruction on or before January 9, 2003 2 4.9E-02 lb total HAP/MSF 1 8 1 2 See footnote “2”. Press predryer at an affected source that commenced construction or reconstruction on or before January 9, 2003 2 8.0E-02 lb total HAP/MSF 1 8 1 2 See footnote “2”. Post-dryer atmospheric refiner 4.1E-03 lb total HAP/ODT or 8.5E-01 ppmvd total HAP 3.3E-03 lb total HAP/ODT or 6.5E-01 ppmvd total HAP. Multipurpose atmospheric refiner 1.2E-01 lb total HAP/ODT or 15 ppmvd total HAP 2.4E-03 lb total HAP/ODT or 3.3 ppmvd total HAP. Reconstituted wood product press producing OSB using MDI resin 2.5E-04 lb MDI/MSF 3 4 3 8 2.5E-04 lb MDI/MSF 3 4 3 8 Reconstituted wood product press producing particleboard or MDF using MDI resin 8.4E-04 lb MDI/MSF 3 4 2.3E-04 lb MDI/MSF 3 4 Primary tube dryer blow-line blending MDI resin, or primary tube dryer blow-line blending MDI resin co-controlled with a reconstituted wood products press using MDI resin 1.7E-02 lb MDI/ODT or 6.8E-01 mg MDI/dscm 1.7E-02 lb MDI/ODT or 6.8E-01 mg MDI/dscm. Miscellaneous coating operation for applying MDI moisture sealant to the surface of an engineered wood product 1.9E-03 lb MDI emitted/lb sealant applied or 1.4E-05 lb MDI per square foot of surface area coated 1.9E-03 lb MDI emitted/lb sealant applied or 1.4E-05 lb MDI per square foot of surface area coated. 1 2 [91 FR 41451, July 6, 2026] Table 1D to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2029, for Direct Wood-Fired PCWP Dryers at Affected Sources That Commenced Construction or Reconstruction On or Before May 18, 2023 Table 1D to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2029, for Direct Wood-Fired PCWP Dryers at Affected Sources That Commenced Construction or Reconstruction On or Before May 18, 2023 For the following types of direct wood-fired PCWP dryers . . . You must meet the PM You must meet the Hg limit You must meet the HCl limit You must meet the PAH limit Rotary strand dryer 9.9E-02 lb/ODT or 3.6E-03 gr/dscf 1.7E-05 lb/ODT or 8.4E-04 mg/dscm 5.8E-03 lb/ODT or 1.5E-01 mg/dscm 1.1E-04 lb/ODT or 9.9E-03 mg/dscm. Green rotary dryer 2.9E-01 lb/ODT or 5.2E-03 gr/dscf 1.5E-05 lb/ODT or 1.3E-03 mg/dscm 1.1E-02 lb/ODT or 1.7 mg/dscm 3.2E-04 lb/ODT or 4.2E-02 mg/dscm. Dry rotary dryer 6.5E-01 lb/ODT or 9.8E-02 gr/dscf 1.0E-05 lb/ODT or 8.4E-04 mg/dscm 1.1E-03 lb/ODT or 9.0E-02 mg/dscm 4.6E-05 lb/ODT or 4.1E-03 mg/dscm. Primary tube dryer or secondary tube dryer 3.1E-01 lb/ODT or 3.1E-03 gr/dscf 3.9E-05 lb/ODT or 1.6E-03 mg/dscm 6.4E-03 lb/ODT or 7.4E-01 mg/dscm 3.0E-04 lb/ODT or 1.6E-03 mg/dscm. Softwood veneer dryer heated zones 7.2E-02 lb/MSF 3/8″ or 1.5E-02 gr/dscf 5.8E-05 lb/MSF 3/8″ or 4.1E-02 mg/dscm NA NA. Notes: [91 FR 41451, July 6, 2026] Table 1E to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2026, for Direct Wood-Fired PCWP Dryers at Affected Sources That Commenced Construction or Reconstruction After May 18, 2023 Table 1E to Subpart DDDD of Part 63—Compliance Options Applicable On and After July 6, 2026, for Direct Wood-Fired PCWP Dryers at Affected Sources That Commenced Construction or Reconstruction After May 18, 2023 For the following types of direct wood-fired PCWP dryers . . . You must meet the PM You must meet the Hg limit You must meet the HCl limit You must meet the PAH limit Rotary strand dryer 5.6E-02lb/ODT or 1.3E-03 gr/dscf 1.7E-05 lb/ODT or 8.4E-04 mg/dscm 1.7E-03 lb/ODT or 9.0E-02 mg/dscm 1.8E-05 lb/ODT or 1.5E-03 mg/dscm. Green rotary dryer 3.7E-02 lb/ODT or 1.3E-03 gr/dscf 1.1E-05 lb/ODT or 8.4E-04 mg/dscm 2.9E-03 lb/ODT or 9.0E-02 mg/dscm 6.2E-05 lb/ODT or 2.9E-03 mg/dscm. Dry rotary dryer 6.0E-01 lb/ODT or 4.6E-02 gr/dscf 1.0E-05 lb/ODT or 8.4E-04 mg/dscm 1.1E-03 lb/ODT or 9.0E-02 mg/dscm 2.2E-05 lb/ODT or 2.1E-03 mg/dscm. Primary tube dryer or secondary tube dryer 9.1E-02 lb/ODT or 1.3E-03 gr/dscf 3.9E-05 lb/ODT or 8.4E-04 mg/dscm 4.3E-03 lb/ODT or 9.0E-02 mg/dscm 3.4E-06 lb/ODT or 1.8E-06 mg/dscm. Softwood veneer dryer heated zones 7.2E-02 lb/MSF 3/8″ or 1.5E-02 gr/dscf 5.8E-05 lb/MSF 3/8″ or 4.1E-02 mg/dscm NA NA. Notes: [91 FR 41451, July 6, 2026] Table 2 to Subpart DDDD of Part 63—Operating Requirements Table 2 to Subpart DDDD of Part 63—Operating Requirements If you operate a(n) . . . You must . . . Or you must . . . (1) Thermal oxidizer Maintain the 3-hour block average firebox temperature above the minimum temperature established during the performance test Maintain the 3-hour block average THC concentration 1 (2) Catalytic oxidizer Maintain the 3-hour block average catalytic oxidizer temperature above the minimum temperature established during the performance test; and check the activity level of a representative sample of the catalyst annually except as specified in footnote “2” to this table Maintain the 3-hour block average THC concentration 1 (3) Biofilter Maintain the 24-hour block biofilter bed temperature within the range established according to § 63.2262(m) Maintain the 24-hour block average THC concentration 1 (4) Control device other than a thermal oxidizer, catalytic oxidizer, or biofilter used to meet the compliance options in table 1B or 1C to this subpart Petition the EPA Administrator for site-specific operating parameter(s) to be established during the performance test and maintain the average operating parameter(s) within the range(s) established during the performance test Maintain the 3-hour block average THC concentration 1 (5) Process unit that meets a compliance option in table 1A, 1C, 1D, or 1E to this subpart without the use of a control device Maintain on a daily basis the process unit controlling operating parameter(s) within the ranges established during the performance test according to § 63.2262(n) Maintain the 3-hour block average THC concentration 1 (6) Wet electrostatic precipitator used to meet the compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart Maintain the 3-hour block average total secondary electric power input and liquid flow rate above the minimum limits established during the performance test. For a WESP followed by a control device with a dry exhaust, maintain the 24-hour block average opacity of no more than 10 percent (or the highest hourly average measured during the performance test). (7) Dry electrostatic precipitator used to meet the compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart Maintain the 3-hour block average total secondary electric power input above the minimum limit established during the performance test Maintain the 24-hour block average opacity of no more than 10 percent (or the highest hourly average measured during the performance test). (8) Wet PM scrubber used to meet the compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart Maintain the 3-hour block average liquid flow rate and pressure drop above the minimum limits established during the performance test (9) Wet acid gas scrubber used to meet the compliance options in table 1D or 1E to this subpart Maintain the 3-hour block average liquid flow rate and effluent pH above the minimum limits established during the performance test (10) Electrified filter bed used to meet the compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart Maintain the 3-hour block average ionizer voltage and the bed voltage above the minimum limits established during the performance test; AND maintain the pressure drop within the range established during the performance test (11) Mechanical collector or other dry control device (not listed elsewhere in this table) used to meet the compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart Maintain the 24-hour block average opacity of no more than 10 percent (or the highest hourly average measured during the performance test) Maintain the 3-hour block average pressure drop across the control device above the minimum limit established during the performance test AND maintain average weekly 6-minute opacity readings below the maximum limit established according to § 63.2262(u). (12) Process unit bypass stack (defined in § 63.2292) on and after July 6, 2029, except as noted in footnote “3” to this table Continuously monitor usage of the process unit bypass stack at all times while the process units are operating 1 2 3 [91 FR 41452, July 6, 2026] Table 3 to Subpart DDDD of Part 63—Work Practice Requirements Table 3 to Subpart DDDD of Part 63—Work Practice Requirements For the following process units at existing or You must . . . (1) Dry rotary dryers Process furnish with a 24-hour block average inlet moisture content of less than or equal to 30 percent (by weight, dry basis); AND operate with a 24-hour block average inlet dryer temperature of less than or equal to 600 °F. (2) Hardwood veneer dryers Process less than 30 volume percent softwood species on an annual basis. (3) Softwood veneer dryers Minimize fugitive emissions from the dryer doors through (proper maintenance procedures) and the green end of the dryers (through proper balancing of the heated zone exhausts). (4) Veneer redryers Process veneer that has been previously dried, such that the 24-hour block average inlet moisture content of the veneer is less than or equal to 25 percent (by weight, dry basis). (5) Group 1 miscellaneous coating operations Use non-HAP coatings as defined in § 63.2292. (6) Process units and control systems undergoing safety-related shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Follow documented site-specific procedures such as use of automated controls or other measures that you have developed to protect workers and equipment to ensure that the flow of raw materials (such as furnish or resin) and fuel or process heat (as applicable) ceases and that material is removed from the process unit(s) as expeditiously as possible given the system design to reduce air emissions. (7) Pressurized refiners undergoing startup or shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Route exhaust gases from the pressurized refiner to its dryer control system no later than 15 minutes after wood is fed to the pressurized refiner during startup. Stop wood flow into the pressurized refiner no more than 15 minutes after wood fiber and exhaust gases from the pressurized refiner stop being routed to the dryer during shutdown. (8) Direct-fired softwood veneer dryers undergoing startup or shutdown of gas-fired burners on and after August 13, 2021, except as noted in footnote “1” to this table Cease feeding green veneer into the softwood veneer dryer and minimize the amount of time direct gas-fired softwood veneer dryers are vented to the atmosphere due to the conditions described in § 63.2250(d). (9) Direct wood-fired PCWP dryers, direct natural gas-fired PCWP dryers, direct-fired lumber kilns, and associated combustion unit bypass stacks on and after July 6, 2029, except as noted in footnote “2” to this table Conduct an annual tune-up of the combustion unit(s) used to directly fire each PCWP dryer or lumber kiln as specified in §§ 63.2241(d) and 63.2271(c); and continuously monitor an indicator of combustion unit bypass stack usage such as flow damper position or temperature according to § 63.2269(l) (10) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table Minimize lumber over-drying to reduce HAP emissions according to § 63.2241(e) by developing and operating according to the O&M plan in § 63.2241(e)(1) and complying with one of the work practice requirements in § 63.2241(e)(3). (11) Stand-alone digesters on and after July 6, 2029, except as noted in footnote “2” to this table Use clean steam for injection into digestion process; AND process fiber without addition of HAP-containing or wood pulping chemicals. (12) Fiber washers on and after July 6, 2029, except as noted in footnote “2” to this table Process fiber without addition of HAP-containing or wood pulping chemicals. (13) Log vats on and after July 6, 2029, except as noted in footnote “2” to this table Meet the work practice requirements specified in § 63.2241(f). (14) Resinated material handling (RMH) process units on and after July 6, 2029, except as noted in footnote “2” to this table, as applicable Meet the work practice requirements specified in § 63.2241(g). 1 2 [91 FR 41452, July 6, 2026] Table 4 to Subpart DDDD of Part 63—Requirements for Performance Tests Table 4 to Subpart DDDD of Part 63—Requirements for Performance Tests For . . . You must . . . Using . . . (1) Each process unit subject to a compliance option in tables 1A through 1E to this subpart select sampling port's location and the number of traverse ports EPA Method 1 or 1A of appendix A-1 to part 60 of this chapter (as appropriate). (2) Each process unit subject to a compliance option in tables 1A through 1E to this subpart determine velocity and volumetric flow rate EPA Method 2 in addition to Methods 2A, 2C, 2D, 2F, or 2G of appendices A-1 and A-2 to part 60 of this chapter (as appropriate). (3) Each process unit subject to a compliance option in tables 1A through 1E to this subpart conduct gas molecular weight analysis EPA Method 3, 3A, or 3B of appendix A-2 to part 60 of this chapter (as appropriate). As an alternative to EPA Method 3B for the manual procedures only and not the instrumental procedures, you may use ANSI/ASME PTC 19-10-1981 Part 10 (IBR, see § 63.14). (4) Each process unit subject to a compliance option in tables 1A through 1E to this subpart measure moisture content of the stack gas EPA Method 4 of appendix A-3 to part 60 of this chapter; OR EPA Method 320 of appendix A to this part; OR ASTM D6348-12e1 (IBR, see § 63.14). (5) Each process unit subject to a compliance option in table 1B to this subpart for which you choose to demonstrate compliance using a total HAP as THC compliance option measure emissions of total HAP as THC EPA Method 25A in appendix A-7 to part 60 of this chapter. You may measure emissions of methane using EPA Method 18 in appendix A-6 to part 60 of this chapter and subtract the methane emissions from the emissions of total HAP as THC. (6) Each process unit subject to a compliance option in table 1A to this subpart measure emissions of total HAP (as defined in § 63.2292) EPA Method 320 of appendix A to this part; OR the NCASI Method IM/CAN/WP-99.02 (IBR, see § 63.14); OR the NCASI Method ISS/FP-A105.01 (IBR, see § 63.14); OR ASTM D6348-12e1 (IBR, see § 63.14) provided that the conditions in footnote “1” are met. (7) Each process unit subject to a compliance option in table 1B to this subpart for which you choose to demonstrate compliance using a methanol compliance option measure emissions of methanol EPA Method 308 of appendix A to this part; OR EPA Method 320 of appendix A to this part; OR the NCASI Method CI/WP-98.01 (IBR, see § 63.14); OR the NCASI Method IM/CAN/WP-99.02 (IBR, see § 63.14); OR the NCASI Method ISS/FP-A105.01 (IBR, see § 63.14). (8) Each process unit subject to a compliance option in table 1B to this subpart for which you choose to demonstrate compliance using a formaldehyde compliance option measure emissions of formaldehyde EPA Method 316 of appendix A to this part; OR EPA Method 320 of appendix A to this part; OR EPA Method 0011 in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods” (EPA Publication No. SW-846) for formaldehyde (IBR, see § 63.14); OR the NCASI Method CI/WP-98.01 (IBR, see § 63.14); OR the NCASI Method IM/CAN/WP-99.02 (IBR, see § 63.14); OR the NCASI Method ISS/FP-A105.01 (IBR, see § 63.14). (9) Each reconstituted wood product press at a new or existing affected source or reconstituted wood product board cooler at a new affected source subject to a compliance option in table 1B to this subpart meet the design specifications included in the definition of wood products enclosure in § 63.2292; or EPA Methods 204 and 204A through 204F of appendix M to part 51 of this chapter, to determine capture efficiency (except for wood products enclosures as defined in § 63.2292). Enclosures that meet the definition of wood products enclosure or that meet Method 204 requirements for a permanent total enclosure (PTE) are assumed to have a capture efficiency of 100 percent. Enclosures that do not meet either the PTE requirements or design criteria for a wood products enclosure must determine the capture efficiency by constructing a TTE according to the requirements of EPA Method 204 and applying EPA Methods 204A through 204F (as appropriate). As an alternative to EPA Methods 204 and 204A through 204F, you may use the tracer gas method contained in appendix A to this subpart. (10) Each reconstituted wood product press at a new or existing affected source or reconstituted wood product board cooler at a new affected source subject to a compliance option in table 1A to this subpart determine the percent capture efficiency A TTE and EPA Methods 204 and 204A through 204F (as appropriate) of appendix M to part 51 of this chapter. As an alternative to installing a TTE and using EPA Methods 204 and 204A through 204F, you may use the tracer gas method contained in appendix A to this subpart. Enclosures that meet the design criteria (1) through (4) in the definition of wood products enclosure, or that meet EPA Method 204 requirements for a PTE (except for the criteria specified in section 6.2 of EPA Method 204) are assumed to have a capture efficiency of 100 percent. Measured emissions divided by the capture efficiency provides the emission rate. (11) Each process unit subject to a compliance option in tables 1A and 1B to this subpart establish the site-specific operating requirements (including the parameter limits or THC concentration limits) in table 2 to this subpart Data from the parameter monitoring system or THC CEMS and the applicable performance test method(s). (12) Each process unit subject to total HAP limit in table 1C to this subpart measure emissions of total HAP (as defined in § 63.2292) EPA Method 320 of appendix A to this part; OR the NCASI Method IM/CAN/WP-99.02 (IBR, see § 63.14); OR the NCASI Method ISS/FP-A105.01 (IBR, see § 63.14); OR ASTM D6348-12e1 (IBR, see § 63.14) provided that the conditions in footnote “1” are met. Nondetect data must be treated according to § 63.2262(g)(3). (13) Each process unit subject to an MDI limit in table 1C to this subpart measure emissions of MDI EPA Method 326 of appendix A to this part. Nondetect data must be treated according to § 63.2262(g)(3). A minimum sample volume of 1 dscm must be collected. (14) Each process unit subject to a PM HAP metals limit in table 1D or 1E to this subpart measure emissions of PM EPA Method 5 in appendix A-3 to part 60 of this chapter; or EPA Method 29 in appendix A-8 to part 60 of this chapter. Nondetect data must be treated according to § 63.2262(g)(3). A minimum sample volume of 2 dscm must be collected. (15) Each process unit subject to a mercury limit in table 1D or 1E to this subpart measure emissions of mercury EPA Method 29 or 30B in appendix A-8 to part 60 of this chapter. Nondetect data must be treated according to § 63.2262(g)(3). For EPA Method 29 a minimum sample volume of 2 dscm must be collected. (16) Each process unit subject to an HCl limit in table 1D or 1E to this subpart measure emissions of HCl EPA Method 26A in appendix A-8 to part 60 of this chapter. Nondetect data must be treated according to § 63.2262(g)(3). A minimum sample volume of 2 dscm must be collected. (17) Each process unit subject to a PAH limit in table 1D or 1E to this subpart and each direct wood-fired softwood veneer dryer subject to this subpart measure emissions of PAH EPA Method 23 of appendix A-8 to part 60 of this chapter. Nondetect data must be treated according to § 63.2262(g)(3). A minimum sample volume of 3 dscm must be collected. (18) Each process unit subject to a PM limit in table 1D or table 1E to this subpart controlled by mechanical collector or other dry control device for which pressure drop and opacity observations are used to demonstrate compliance observe opacity Method 9 of appendix A-4 to part 60 of this chapter. Opacity observations must be conducted during the duration of the PM performance test. For weekly observations, two 6-minute readings are required. (19) Each direct wood-fired green rotary dryer subject to a dioxin/furan TEQ limit in § 63.2240(d)(3) or (4) Measure emissions of dioxins and furans EPA Method 23 of appendix A-8 to part 60 of this chapter. Nondetect and estimated maximum possible concentration (EMPC) data must be treated according to § 63.2262(g)(3) and section 9.1.7.2 of EPA Method 23 procedures for standards promulgated after March 20, 2023. A minimum sample volume of 3 dscm must be collected. For each dioxin and furan congener, multiply the congener concentration by its corresponding toxic equivalency factor specified in table 12 to this subpart to determine the TEQ concentration for each congener. Sum the TEQ concentrations of each congener to obtain the total concentration of dioxins and furans emitted in terms of TEQ. dscm = dry standard cubic meters. 1 i.e., Reported Results = (Measured Concentration in the Stack × 100)/% R. [91 FR 41452, July 6, 2026] Table 5 to Subpart DDDD of Part 63—Performance Testing and Initial Compliance Demonstrations for the Compliance Options and Operating Requirements Table 5 to Subpart DDDD of Part 63—Performance Testing and Initial Compliance Demonstrations for the Compliance Options and Operating Requirements For each . . . For the following compliance options You have demonstrated initial compliance if . . . (1) Process unit listed in table 1A to this subpart Meet the production-based compliance options listed in table 1A to this subpart The average total HAP emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in table 1A to this subpart; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (2) Process unit listed in table 1B to this subpart Reduce emissions of total HAP, measured as THC, by 90 percent Total HAP emissions, measured using the methods in table 4 to this subpart over the 3-hour performance test, are reduced by at least 90 percent, as calculated using the procedures in § 63.2262; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions were reduced by at least 90 percent. (3) Process unit listed in table 1B to this subpart Limit emissions of total HAP, measured as THC, to 20 ppmvd The average total HAP emissions, measured using the methods in table 4 to this subpart over the 3-hour performance test, do not exceed 20 ppmvd; and you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed 20 ppmvd. (4) Process unit listed in table 1B to this subpart Reduce methanol or formaldehyde emissions by 90 percent The methanol or formaldehyde emissions measured using the methods in table 4 to this subpart over the 3-hour performance test, are reduced by at least 90 percent, as calculated using the procedures in § 63.2262; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions were reduced by at least 90 percent. (5) Process unit listed in table 1B to this subpart Limit methanol or formaldehyde emissions to less than or equal to 1 ppmvd (if uncontrolled emissions are greater than or equal to 10 ppmvd) The average methanol or formaldehyde emissions, measured using the methods in table 4 to this subpart over the 3-hour performance test, do not exceed 1 ppmvd; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed 1 ppmvd. If the process unit is a reconstituted wood product press or a reconstituted wood product board cooler, your capture device either meets the EPA Method 204 criteria for a PTE or achieves a capture efficiency of greater than or equal to 95 percent. (6) Reconstituted wood product press at a new or existing affected source, or reconstituted wood product board cooler at a new affected source Compliance options in tables 1A and 1B to this subpart You submit the results of capture efficiency verification using the methods in table 4 to this subpart with your Notification of Compliance Status. (7) Process unit listed in table 1B to this subpart controlled by routing exhaust to a combustion unit Compliance options in table 1B to this subpart You submit with your Notification of Compliance Status documentation showing that the process exhausts controlled enter into the flame zone of your combustion unit. (8) Process unit listed in table 1B to this subpart using a wet control device as the sole means of reducing HAP emissions Compliance options in table 1B to this subpart You submit with your Notification of Compliance Status your plan to address how organic HAP captured in the wastewater from the wet control device is contained or destroyed to minimize re-release to the atmosphere. (9) Process unit listed in table 1C to this subpart Total HAP compliance options in table 1C to this subpart The average total HAP emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in table 1C to this subpart; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (10) Process unit listed in table 1C to this subpart MDI compliance options in table 1C to this subpart The average total HAP emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in table 1C to this subpart; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (11) Direct wood-fired PCWP dryer listed in table 1D or 1E to this subpart PM (HAP metal), Hg, HCl, and PAH compliance options in table 1D or 1E to this subpart and dioxin/furan TEQ options in § 63.2240(d)(3) and (4) The average emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in tables 1D and 1E to this subpart; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (12) Mixed PCWP process stream as defined in § 63.2292 Compliance options in table 1B to this subpart You identify the mixed PCWP process stream in your Notification of Compliance Status and submit documentation showing that the mixed PCWP process stream met a compliance option in table 1B to this subpart on or before the close of business on the 30th calendar day after July 6, 2026. [91 FR 41452, July 6, 2026] Table 6 to Subpart DDDD of Part 63—Initial Compliance Demonstrations for Work Practice Requirements Table 6 to Subpart DDDD of Part 63—Initial Compliance Demonstrations for Work Practice Requirements For each . . . For the following work practice You have demonstrated initial compliance if . . . (1) Dry rotary dryer Process furnish with an inlet moisture content less than or equal to 30 percent (by weight, dry basis) and operate with an inlet dryer temperature of less than or equal to 600 °F You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that the dryer meets the criteria of a “dry rotary dryer” and you have a record of the inlet moisture content and inlet dryer temperature (as required in § 63.2263). (2) Hardwood veneer dryer Process less than 30 volume percent softwood species You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that the dryer meets the criteria of a “hardwood veneer dryer” and you have a record of the percentage of softwoods processed in the dryer (as required in § 63.2264). (3) Softwood veneer dryer Minimize fugitive emissions from the dryer doors and the green end You meet the work practice requirement and you submit with the Notification of Compliance Status a copy of your plan for minimizing fugitive emissions from the veneer dryer heated zones (as required in § 63.2265). (4) Veneer redryers Process veneer with an inlet moisture content of less than or equal to 25 percent (by weight, dry basis) You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that the dryer operates only as a redryer and you have a record of the veneer inlet moisture content of the veneer processed in the redryer (as required in § 63.2266). (5) Group 1 miscellaneous coating operations Use non-HAP coatings as defined in § 63.2292 You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that you are using non-HAP coatings and you have a record showing that you are using non-HAP coatings. (6) Process units and control systems undergoing safety-related shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Follow documented site-specific procedures to ensure the flow of raw materials and fuel or process heat ceases and that material is removed from the process unit(s) as expeditiously as possible given the system design to reduce air emissions You meet the work practice requirement and you have a record of safety-related shutdown procedures available for inspection by the delegated authority upon request. (7) Pressurized refiners undergoing startup or shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Route exhaust gases from the pressurized refiner to its dryer control system no later than 15 minutes after wood is fed to the pressurized refiner during startup. Stop wood flow into the pressurized refiner no more than 15 minutes after wood fiber and exhaust gases from the pressurized refiner stop being routed to the dryer during shutdown You meet the work practice requirement and you have a record of pressurized refiner startup and shutdown procedures available for inspection by the delegated authority upon request. (8) Direct-fired softwood veneer dryers undergoing startup or shutdown of gas-fired burners on and after August 13, 2021, except as noted in footnote “1” to this table Cease feeding green veneer into the softwood veneer dryer and minimize the amount of time direct gas-fired softwood veneer dryers are vented to the atmosphere due to the conditions described in § 63.2250(d) You meet the work practice requirement and you have a record of the procedures for startup and shutdown of softwood veneer dryer gas-fired burners available for inspection by the delegated authority upon request. (9) Direct wood-fired PCWP dryers, direct natural gas-fired PCWP dryers, direct-fired lumber kilns, and associated bypass stacks for combustion unit exhaust streams routinely used to direct-fire a PCWP dryer or lumber kiln on and after July 6, 2029, except as noted in footnote “2” to this table Conduct an annual tune-up of combustion unit(s) used to directly fire each PCWP dryer or lumber kiln as specified in § 63.2241(d) AND continuously monitor an indicator of bypass stack usage You submit with your Notification of Compliance Status documentation of the initial burner tune up conducted according to § 63.2241(d); and you identify in your Notification of Compliance Status the method used to continuously monitor and record the duration of bypass stack usage. (10) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table Minimize lumber over-drying to reduce HAP emissions according to the work practice requirements in § 63.2241(e) You submit with your Notification of Compliance Status the O&M plan developed according to §§ 63.2241(e)(1) and 63.2250(a) and a description of the work practice option you will comply with according to § 63.2241(e)(3); and if using the site-specific plan option under § 63.2241(e)(3)(iii) you must submit your site-specific plan to the delegated authority for approval according to § 63.2253(b) by the date specified in § 63.2253(b)(1). (11) Stand-alone digesters on and after July 6, 2029, except as noted in footnote “2” to this table Use clean steam for injection into digestion process; and process fiber without addition of HAP-containing or wood pulping chemicals You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that the stand-alone digester operates according to the work practice. (12) Fiber washers on and after July 6, 2029, except as noted in footnote “2” to this table Process fiber without addition of HAP-containing or wood pulping chemicals You meet the work practice requirement and you submit a signed statement with the Notification of Compliance Status that the fiber washer operates according to the work practice. (13) Log vats on and after July 6, 2029, except as noted in footnote “2” to this table Operate the log vat with a target log temperature at or below 212 °F as specified in § 63.2241(f) You meet the work practice requirements and you submit a signed statement with the Notification of Compliance Status with a record showing that the target log temperature is at or below 212 °F. (14) Resinated material handling (RMH) process units on and after July 6, 2029, except as noted in footnote “2” to this table Work practice requirements specified in § 63.2241(g) You meet the work practice requirements and you submit a signed statement with the Notification of Compliance Status that resin(s) used are non-HAP resin(s) or have maximum true vapor pressure of less than or equal to the applicable limit in § 63.2241(g)(1)(ii) and that wood material processes meets the requirements in 63.2241(g)(2). 1 2 [91 FR 41452, July 6, 2026] Table 7 to Subpart DDDD of Part 63—Continuous Compliance With the Compliance Options and Operating Requirements Table 7 to Subpart DDDD of Part 63—Continuous Compliance With the Compliance Options and Operating Requirements For . . . For the following compliance options You must demonstrate continuous compliance by . . . (1) Each process unit listed in table 1B to this subpart or mixed PCWP process unit (defined in § 63.2292) Compliance options in table 1B to this subpart and the operating requirements in table 2 to this subpart based on monitoring of operating parameters Collecting and recording the operating parameter monitoring system data listed in table 2 to this subpart for the process unit according to §§ 63.2269(a) and (b) and 63.2270; and reducing the operating parameter monitoring system data to the specified averages in units of the applicable requirement according to calculations in § 63.2270; and maintaining the average operating parameter at or above the minimum, at or below the maximum, or within the range (whichever applies) established according to § 63.2262. (2) Each process unit listed in tables 1A and 1B to this subpart Compliance options in tables 1A and 1B to this subpart and the operating requirements in table 2 to this subpart based on THC CEMS data Collecting and recording the THC monitoring data listed in table 2 to this subpart for the process unit according to § 63.2269(d); and reducing the CEMS data to 3-hour block averages according to calculations in § 63.2269(d); and maintaining the 3-hour block average THC concentration in the exhaust gases less than or equal to the THC concentration established according to § 63.2262. (3) Each process unit using a biofilter Compliance options in tables 1B to this subpart Conducting a repeat performance test using the applicable method(s) specified in table 4 to this subpart 1 (4) Each process unit using a catalytic oxidizer Compliance options in table 1B to this subpart Checking the activity level of a representative sample of the catalyst at least annually 2 (5) Each process unit listed in table 1A to this subpart Compliance options in table 1A to this subpart and the operating requirements in table 2 to this subpart based on monitoring of process unit controlling operating parameters Collecting and recording on a daily basis process unit controlling operating parameter data; and maintaining the operating parameter at or above the minimum, at or below the maximum, or within the range (whichever applies) established according to § 63.2262. (6) Each Process unit listed in table 1B to this subpart using a wet control device as the sole means of reducing HAP emissions Compliance options in table 1B to this subpart Implementing your plan to address how organic HAP captured in the wastewater from the wet control device is contained or destroyed to minimize re-release to the atmosphere. (7) Each process unit listed in table 1B to this subpart using a control device other than a biofilter Compliance options in tables 1B to this subpart Conducting a repeat performance test using the applicable method(s) specified in table 4 to this subpart 1 (8) Process unit listed in table 1C to this subpart Total HAP compliance options in table 1C to this subpart and the operating requirements in table 2 to this subpart based on monitoring of operating parameters The average total HAP emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in table 1C to this subpart; and you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (9) Process unit listed in table 1C to this subpart MDI compliance options in table 1C to this subpart and the operating requirements in table 2 to this subpart based on monitoring of operating parameters The average MDI emissions measured using the methods in table 4 to this subpart over the 3-hour performance test are no greater than the compliance option in table 1C to this subpart; AND you have a record of the operating requirement(s) listed in table 2 to this subpart for the process unit over the performance test during which emissions did not exceed the compliance option value. (10) Direct wood-fired PCWP dryer using a wet or dry electrostatic precipitator, wet scrubber, electrified filter bed, thermal oxidizer, catalytic oxidizer, or biofilter to meet the standards in table 1D or 1E to this subpart Compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart and the operating requirements in table 2 to this subpart based on monitoring of operating parameters Collecting and recording the operating parameter monitoring system data listed in table 2 to this subpart for the process unit according to §§ 63.2269(a) and (b) and 63.2270; and reducing the operating parameter monitoring system data to the specified averages in units of the applicable requirement according to calculations in § 63.2270; and maintaining the average operating parameter at or above the minimum, at or below the maximum, or within the range (whichever applies) established according to § 63.2262. (11) Direct wood-fired PCWP dryer using a mechanical collector or other dry control device (not elsewhere listed in this table) or a WESP followed by a control device with a dry exhaust to meet the standards in table 1D or 1E to this subpart Compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart and the operating requirements in table 2 to this subpart based on continuous opacity monitoring Collecting and recording opacity data according to §§ 63.2269(e) and 63.2270; and reducing the opacity data to a 24-hour block average according to § 63.2270; and maintaining the average opacity at or below the maximum established according to § 63.2262. (12) Process unit bypass stack (defined in § 63.2292) Continuously monitor usage of the process unit bypass stack at all times while the process units are operating, undergoing startup or shutdown, and during the operating conditions specified in § 63.2250(f)(2) through (4) Continuously monitoring and recording the duration of bypass stack usage according to §§ 63.2269(a) and (l) and 63.2270. (13) Each process unit listed in table 1C, 1D, or 1E to this subpart Total HAP and MDI limits in table 1C to this subpart (as applicable), and the PM, Hg, HCl, and PAH limits in table 1D or 1E to this subpart (as applicable), and the dioxin/furan TEQ limits in § 63.2240(d)(2) and (3) Conducting a repeat performance test using the applicable method(s) specified in table 4 to this subpart 1 (14) Direct wood-fired PCWP dryer using a mechanical collector or other dry control device (not elsewhere listed in this table) to meet the standards in table 1D or 1E to this subpart Compliance options in § 63.2240(d)(2) and (3) and table 1D or 1E to this subpart and the operating requirements in table 2 to this subpart based on pressure drop monitoring and opacity observations Collecting and recording pressure drop and opacity observations listed in table 2 to this subpart according to §§ 63.2269(a) and (f) and 63.2270; and reducing the pressure drop monitoring system data to the specified averages in units of the applicable requirement according to calculations in § 63.2270; and maintaining the average pressure drop above the minimum established according to § 63.2262; and maintaining the weekly opacity observations at or below the maximum established according to § 63.2262. 1 2 [91 FR 41452, July 6, 2026] Table 8 to Subpart DDDD of Part 63—Continuous Compliance With the Work Practice Requirements Requirements Table 8 to Subpart DDDD of Part 63—Continuous Compliance With the Work Practice Requirements For . . . For the following work practice You must demonstrate continuous compliance by . . . (1) Dry rotary dryer Process furnish with an inlet moisture content less than or equal to 30 percent (by weight, dry basis) and operate with an inlet dryer temperature of less than or equal to 600 °F Maintaining the 24-hour block average inlet furnish moisture content at less than or equal to 30 percent (by weight, dry basis) and maintaining the 24-hour block average inlet dryer temperature at less than or equal to 600 °F; and keeping records of the inlet temperature of furnish moisture content and inlet dryer temperature. (2) Hardwood veneer dryer Process less than 30 volume percent softwood species Maintaining the volume percent softwood species processed below 30 percent and keeping records of the volume percent softwood species processed. (3) Softwood veneer dryer Minimize fugitive emissions from the dryer doors and the green end Following (and documenting that you are following) your plan for minimizing fugitive emissions. (4) Veneer redryers Process veneer with an inlet moisture content of less than or equal to 25 percent (by weight, dry basis) Maintaining the 24-hour block average inlet moisture content of the veneer processed at or below of less than or 25 percent and keeping records of the inlet moisture content of the veneer processed. (5) Group 1 miscellaneous coating operations Use non-HAP coatings as defined in § 63.2292 Continuing to use non-HAP coatings and keeping records showing that you are using non-HAP coatings. (6) Process units and control systems undergoing safety-related shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Follow documented site-specific procedures to ensure the flow of raw materials and fuel or process heat ceases and that material is removed from the process unit(s) as expeditiously as possible given the system design to reduce air emissions Keeping records showing that you are following the work practice requirements during safety-related shutdowns. (7) Pressurized refiners undergoing startup or shutdown on and after August 13, 2021, except as noted in footnote “1” to this table Route exhaust gases from the pressurized refiner to its dryer control system no later than 15 minutes after wood is fed to the pressurized refiner during startup. Stop wood flow into the pressurized refiner no more than 15 minutes after wood fiber and exhaust gases from the pressurized refiner stop being routed to the dryer during shutdown Keeping records showing that you are following the work practice requirements during pressurized refiner startup and shutdown events. (8) Direct-fired softwood veneer dryers undergoing startup or shutdown of gas-fired burners on and after August 13, 2021, except as noted in footnote “1” to this table Cease feeding green veneer into the softwood veneer dryer and minimize the amount of time direct gas-fired softwood veneer dryers are vented to the atmosphere due to the conditions described in § 63.2250(d) Keeping records showing that you are following the work practice requirements while undergoing startup or shutdown of softwood veneer dryer direct gas-fired burners. (9) Direct wood-fired PCWP dryers, direct natural gas-fired PCWP dryers, direct-fired lumber kilns, and associated combustion unit bypass stacks on and after July 6, 2029, except as noted in footnote “2” to this table Conduct an annual tune-up of combustion unit(s) used to directly fire each PCWP dryer or lumber kiln as specified in § 63.2271(c); AND continuously monitor an indicator of bypass stack usage Conducting and maintaining records of annual burner inspections and corrective actions taken; and continuously monitoring and recording the duration of combustion unit bypass stack usage according to §§ 63.2269(a) and (k) and 63.2270. (10) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table O&M plan developed under § 63.2241(e)(1) involving annual inspection of lumber kiln integrity and review of charge optimization practices and corrective actions Operating according to your O&M plan developed under § 63.2241(e)(1); and conducting annual inspection of the integrity of the lumber kiln internal air flow and heat distribution components, reviewing charge optimization practices, implementing corrective actions, and maintaining records of corrective actions according to § 63.2241(e)(1)(c). (11) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table Temperature limit option under § 63.2241(e)(3)(i) Operating the kiln with a dry bulb temperature limit no higher than the maximum limit specified in § 63.2241(e)(3)(i); and continuously monitoring dry bulb temperature; and maintaining records of the batch average or daily block average dry bulb temperature. (12) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table Hybrid option under § 63.2241(e)(3)(ii) Operating the kiln with a dry bulb temperature limit no higher than the maximum limit specified in § 63.2241(e)(3)(ii)(A); and continuously monitoring dry bulb temperature; and maintaining records of the batch average or daily block average dry bulb temperature and continuously monitoring lumber moisture while drying lumber; and keeping records of the kiln-dried lumber moisture content for determination of the semiannual average according to § 63.2241(e)(3)(ii)(B) (13) Lumber kilns on and after July 6, 2029, except as noted in footnote “2” to this table Site-specific plan option for temperature and lumber moisture monitoring under § 63.2241(e)(3)(iii) Operating the kiln using the approved site specific temperature limit and site-specific method for lumber moisture monitoring under § 63.2241(e)(3)(iii); continuously monitoring, recording, and calculating the 3-hour block average temperature under § 63.2241(e)(3)(iii)(A); continuously monitoring, recording, and calculating the monthly and semiannual average kiln-dried lumber moisture content under § 63.2241(e)(3)(iii)(B); and maintaining records and reporting corrective action as required in § 63.2241(e)(3)(iii)(B). (14) Stand-alone digesters on and after July 6, 2029, except as noted in footnote “2” to this table Use clean steam for injection into digestion process; and process fiber without addition of HAP-containing or wood pulping chemicals Continuing to meet the work practice by using clean steam and processing fiber without addition of HAP-containing or wood pulping chemicals and keeping records showing that you continue to meet the work practice. (15) Fiber washers on and after July 6, 2029, except as noted in footnote “2” to this table Process fiber without addition of HAP-containing or wood pulping chemicals Continuing to meet the work practice by processing fiber without addition of HAP-containing or wood pulping chemicals AND keeping records showing that you continue to meet the work practice. (16) Log vats on and after July 6, 2029, except as noted in footnote “2” to this table Operate the log vat with a target log temperature at or below 212 °F as specified in § 63.2241(f) Continuing to meet the work practice by operating the log vat as specified in § 63.2241(f) and keeping records showing that you continue to meet the work practice. (17) Resinated material handling (RMH) process units on and after July 6, 2029, except as noted in footnote “2” to this table Work practice requirements specified in § 63.2241(g) Continuing to meet the work practice requirements in § 63.2241(g) and keeping records showing that you continue to meet the work practice. 1 2 [91 FR 41452, July 6, 2026] Table 9 to Subpart DDDD of Part 63—Requirements for Reports Table 9 to Subpart DDDD of Part 63—Requirements for Reports You must submit a(n) . . . The report must contain . . . You must submit the report . . . (1) Compliance report The information in § 63.2281(c) through (g) Semiannually according to the requirements in § 63.2281(b). (2) [Reserved] (3) Performance test report The information required in § 63.7(g) According to the requirements of § 63.2281(i). (4) CMS performance evaluation, as required for CEMS under § 63.2269(d)(2) and COMS under § 63.2269(e)(2) The information required in § 63.7(g) According to the requirements of § 63.2281(j). [91 FR 41452, July 6, 2026] Table 10 to Subpart DDDD of Part 63—Applicability of General Provisions to This Subpart Table 10 to Subpart DDDD of Part 63—Applicability of General Provisions to This Subpart Citation Subject Brief description Applies to this subpart § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications Yes. § 63.2 Definitions Definitions for standards in this part Yes. § 63.3 Units and Abbreviations Units and abbreviations for standards in this part Yes. § 63.4 Prohibited Activities and Circumvention Prohibited activities; compliance date; circumvention, fragmentation Yes. § 63.5 Preconstruction Review and Notification Requirements Preconstruction review requirements of section 112(i)(1) Yes. § 63.6(a) Applicability GP apply unless compliance extension; GP apply to area sources that become major Yes. § 63.6(b)(1) through (4) Compliance Dates for New and Reconstructed Sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for section 112(f) Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources that Become Major Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes. § 63.6(c)(1) and (2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes. § 63.6(c)(3) and (4) [Reserved] § 63.6(c)(5) Compliance Dates for Existing Area Sources that Become Major Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period (e.g ., Yes. § 63.6(d) [Reserved] § 63.6(e)(1)(i) General Duty to Minimize Emissions You must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions No, see § 63.2250 for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions ASAP You must correct malfunctions as soon as practicable after their occurrence No. § 63.6(e)(1)(iii) Operation and Maintenance Requirements Operation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standards Yes. § 63.6(e)(2) [Reserved] § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan (SSMP) Requirement for SSM and SSMP; content of SSMP No. § 63.6(f)(1) SSM Exemption You must comply with emission standards at all times except during SSM No. § 63.6(f)(2) and (3) Methods for Determining Compliance/Finding of Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes. § 63.6(g)(1) through (3) Alternative Standard Procedures for getting an alternative standard Yes. § 63.6(h)(1) SSM Exemption You must comply with opacity and visible emission standards at all times except during SSM No. § 63.6(h)(2) through (9) Opacity/Visible Emission (VE) Standards Requirements for opacity and visible emission standards No. This subpart specifies opacity as an operating limit not an emission standard. § 63.6(i)(1)-(14) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes. § 63.6(i)(15) [Reserved] § 63.6(i)(16) Compliance Extension Compliance extension and Administrator's authority Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with rule Yes. § 63.7(a)(1) and (2) Performance Test Dates Dates for conducting initial performance testing and other compliance demonstrations; must conduct within 180 days after first subject to rule Yes. § 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes. § 63.7(b)(2) Notification of Rescheduling If have to reschedule performance test, must notify Administrator as soon as practicable Yes. § 63.7(c) Quality Assurance/Test Plan Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing Yes. § 63.7(d) Testing Facilities Requirements for testing facilities Yes. § 63.7(e)(1) Performance Testing Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM No, see § 63.2262(a) and (b). § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to rule and EPA test methods unless Administrator approves alternative Yes. § 63.7(e)(3) Test Run Duration Must have three test runs for at least the time specified in the relevant standard; compliance is based on arithmetic mean of three runs; specifies conditions when data from an additional test run can be used Yes. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes. § 63.7(g) Performance Test Data Analysis Must include raw data in performance test report; must submit performance test data 60 days after end of test with the notification of compliance status; keep data for 5 years Yes. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes. § 63.8(a)(2) Performance Specifications Performance specifications in appendix B of part 60 of this chapter Yes. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares Requirements for flares in § 63.11 apply NA. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes. § 63.8(b)(2) and (3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Yes. § 63.8(c)(1)(i) Operation and Maintenance of CMS Must maintain and operate CMS in accordance with § 63.6(e)(1) No. § 63.8(c)(1)(ii) Spare Parts for CMS Must maintain spare parts for routine CMS repairs Yes. § 63.8(c)(1)(iii) Requirements to Develop SSMP for CMS Must develop and implement SSMP for CMS No. § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission of parameter measurements; must verify operational status before or at performance test Yes. § 63.8(c)(4) CMS Requirements CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts; COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period Yes. § 63.8(c)(5) Continuous Opacity Monitoring System (COMS) Minimum Procedures COMS minimum procedures Yes. § 63.8(c)(6) through (8) CMS Requirements Zero and high-level calibration check requirements; out-of-control periods Yes. § 63.8(d)(1) and (2) CMS Quality Control Requirements for CMS quality control, including calibration, etc. Yes. Refer to § 63.2269(a) through (c) and (f) through (o) for CPMS quality control procedures to be included in the quality control program. § 63.8(d)(3) Written Procedures for CMS Must keep quality control plan on record for 5 years. Keep old versions for 5 years after revisions. May incorporate as part of SSMP to avoid duplication. No, see § 63.2282(f). § 63.8(e)(1) CMS Performance Evaluation Performance evaluation Yes, for CEMS, COMS, and for the CMS in § 63.2269(f) and (g) and (i) through (l) § 63.8(e)(2) through (5) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes, for CEMS and COMS. § 63.8(f)(1) through (5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes. § 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for CEMS Yes, for CEMS. § 63.8(g) Data Reduction COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least 4 equally spaced data points; data that can't be used in average; rounding of data Yes. § 63.9(a) Notification Requirements Applicability and State delegation Yes. § 63.9(b)(1) and (2) Initial Notifications Submit notification 120 days after effective date; contents of notification Yes. § 63.9(b)(3) [Reserved] § 63.9(b)(4) and (5) Initial Notifications Submit notification 120 days after effective date; notification of intent to construct/reconstruct; notification of commencement of construct/reconstruct; notification of startup; contents of each Yes. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed best available control technology/lowest achievable emission rate Yes. § 63.9(d) Notification of Special Compliance Requirements for New Source For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes. § 63.9(e) Notification of Performance Test Notify the EPA Administrator 60 days prior Yes. § 63.9(f) Notification of Visible Emissions/Opacity Test Notify the EPA Administrator 30 days prior Yes, except notifications are not required for opacity observations in § 63.2270(k). § 63.9(g) Additional Notifications When Using CMS Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy Yes. § 63.9(h)(1) through (6) Notification of Compliance Status Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity/VE, which are due 30 days after; when to submit to Federal vs. State authority Yes, except notifications are not required for opacity observations in § 63.2270(k). § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes. § 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes. § 63.9(k) Electronic reporting procedures Electronic reporting procedures Yes. § 63.10(a) Recordkeeping/Reporting Applies to all, unless compliance extension; when to submit to Federal vs. State authority; procedures for owners of more than one source Yes. § 63.10(b)(1) Recordkeeping/Reporting General Requirements; keep all records readily available; keep for 5 years Yes. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns Records of occurrence and duration of each startup or shutdown that causes source to exceed emission limitation No, see § 63.2282(a). § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet a Standard Records of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipment No, see § 63.2282(a) for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(b)(2)(iii) Maintenance Records Records of maintenance performed on air pollution control and monitoring equipment Yes. § 63.10(b)(2)(iv) and (v) Actions Taken to Minimize Emissions During SSM Records of actions taken during SSM to minimize emissions No. § 63.10(b)(2)(vi), (x), and (xi) CMS Records Malfunctions, inoperative, out-of-control Yes. § 63.10(b)(2)(vii) through (ix) Records Measurements to demonstrate compliance with compliance options and operating requirements; performance test, performance evaluation, and visible emission observation results; measurements to determine conditions of performance tests and performance evaluations Yes. § 63.10(b)(2)(xii) Records Records when under waiver Yes. § 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test Yes. § 63.10(b)(2)(xiv) Records All documentation supporting initial notification and notification of compliance status Yes. § 63.10(b)(3) Records Applicability determinations Yes. § 63.10(c)(1) through (6) and (9) through (14) Records Additional records for CMS Yes. § 63.10(c)(7) and (8) Records Records of excess emissions and parameter monitoring exceedances for CMS No. § 63.10(c)(15) Use of SSMP Use SSMP to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS No. § 63.10(d)(1) General Reporting Requirements Requirement to report Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to Federal or State authority Yes. § 63.10(d)(3) Reporting Opacity or VE Observations What to report and when NA. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes. § 63.10(d)(5)(i) Periodic SSM Reports Contents and submission of periodic SSM reports No, see § 63.2281(d) and (e) for malfunction reporting requirements. § 63.10(d)(5)(ii) Immediate SSM Reports Contents and submission of immediate SSM reports No. § 63.10(e)(1) and (2) Additional CMS Reports Must report results for each CEM on a unit; written copy of performance evaluation; 3 copies of COMS performance evaluation Yes. § 63.10(e)(3) Reports Excess emission reports No. § 63.10(e)(4) Reporting COMS Data Must submit COMS data with performance test data Yes. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for the EPA Administrator to waive Yes. § 63.11 Control Device and Work Practice Requirements Requirements for flares and alternative work practice for equipment leaks NA. § 63.12 State Authority and Delegations State authority to enforce standards Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes. § 63.14 Incorporations by Reference Test methods incorporated by reference Yes. § 63.15 Availability of Information and Confidentiality Public and confidential information Yes. § 63.16 Performance Track Provisions Requirements for Performance Track member facilities Yes. [91 FR 41452, July 6, 2026] Table 11 to Subpart DDDD of Part 63—Lumber Minimum Moisture Content Limits Table 11 to Subpart DDDD of Part 63—Lumber Minimum Moisture Content Limits If the maximum lumber The minimum kiln-dried lumber moisture content (weight percent, 22 or more 15 19-21 12 18 11 17 10 16 9 15 8 14 7 13 6 10-12 5 9 4.5 8 4 7 3.5 6 3 [91 FR 41463, July 6, 2026] Table 12 to Subpart DDDD of Part 63—Toxic Equivalency Factors Table 12 to Subpart DDDD of Part 63—Toxic Equivalency Factors Dioxin/furan congener Toxic equivalency factor 2,3,7,8-tetrachlorinated dibenzo-p-dioxin 1 1,2,3,7,8-pentachlorinated dibenzo-p-dioxin 1 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin 0.01 octachlorinated dibenzo-p-dioxin 0.0003 2,3,7,8-tetrachlorinated dibenzofuran 0.1 2,3,4,7,8-pentachlorinated dibenzofuran 0.3 1,2,3,7,8-pentachlorinated dibenzofuran 0.03 1,2,3,4,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,7,8,9-hexachlorinated dibenzofuran 0.1 2,3,4,6,7,8-hexachlorinated dibenzofuran 0.1 1,2,3,4,6,7,8-heptachlorinated dibenzofuran 0.01 1,2,3,4,7,8,9-heptachlorinated dibenzofuran 0.01 octachlorinated dibenzofuran 0.0003 [91 FR 41463, July 6, 2026] Appendix A to Subpart DDDD of Part 63—Alternative Procedure To Determine Capture Efficiency From Enclosures Around Hot Presses in the Plywood and Composite Wood Products Industry Using Sulfur Hexafluoride Tracer Gas 1.0 Scope and Application This procedure has been developed specifically for the rule for the plywood and composite wood products (PCWP) industry and is used to determine the capture efficiency of a partial hot press enclosure in that industry. This procedure is applicable for the determination of capture efficiency for enclosures around hot presses and is an alternative to the construction of temporary total enclosures (TTE). Sulfur hexafluoride (SF 6 This procedure uses infrared spectrometry (IR) as the analytical technique. When the infrared spectrometer used is a Fourier-Transform Infrared spectrometer (FTIR), an alternate instrument calibration procedure may be used; the alternate calibration procedure is the calibration transfer standard (CTS) procedure of EPA Method 320 (appendix A to 40 CFR part 63). Other analytical techniques which are capable of equivalent Method Performance (Section 13.0) also may be used. Specifically, gas chromatography with electron capture detection (GC/ECD) is an applicable technique for analysis of SF 6 2.0 Summary of Method A constant mass flow rate of SF 6 6 6 6 6 6 In addition, optional samples of the ambient air may be taken at locations around the perimeter of the enclosure to quantify the ambient concentration of SF 6 Finally, in addition to the requirements specified in this procedure, the data quality objectives (DQO) or lower confidence limit (LCL) criteria specified in appendix A to 40 CFR part 63, subpart KK, Data Quality Objective and Lower Confidence Limit Approaches for Alternative Capture Efficiency Protocols and Test Methods, must also be satisfied. A minimum of three test runs are required for this procedure; however, additional test runs may be required based on the results of the DQO or LCL analysis. 3.0 Definitions 3.1 Capture efficiency (CE). The weight per unit time of SF 6 6 3.2 Control device (CD). The equipment used to reduce, by destruction or removal, press exhaust air pollutants prior to discharge to the ambient air. 3.3 Control/destruction efficiency (DE). The volatile organic compound or HAP removal efficiency of the control device. 3.4 Data Quality Objective (DQO) Approach. A statistical procedure to determine the precision of the data from a test series and to qualify the data in the determination of capture efficiency for compliance purposes. If the results of the DQO analysis of the initial three test runs do not satisfy the DQO criterion, the LCL approach can be used or additional test runs must be conducted. If additional test runs are conducted, then the DQO or LCL analysis is conducted using the data from both the initial test runs and all additional test runs. 3.5 Lower Confidence Limit (LCL) Approach. An alternative statistical procedure that can be used to qualify data in the determination of capture efficiency for compliance purposes. If the results of the LCL approach produce a CE that is too low for demonstrating compliance, then additional test runs must be conducted until the LCL or DQO is met. As with the DQO, data from all valid test runs must be used in the calculation. 3.6 Minimum Measurement Level (MML). The minimum tracer gas concentration expected to be measured during the test series. This value is selected by the tester based on the capabilities of the IR spectrometer (or GC/ECD) and the other known or measured parameters of the hot press enclosure to be tested. The selected MML must be above the low-level calibration standard and preferably below the mid-level calibration standard. 3.7 Method 204. The U.S. EPA Method 204, “Criteria For and Verification of a Permanent or Temporary Total Enclosure” (40 CFR part 51, appendix M). 3.8 Method 205. The U.S. EPA Method 205, “Verification of Gas Dilution Systems for Field Instrument Calibrations” (40 CFR part 51, appendix M). 3.9 Method 320. The U.S. EPA Method 320, “Measurement of Vapor Phase Organic and Inorganic Emissions by Extractive Fourier Transform Infrared (FTIR) Spectroscopy” (40 CFR part 63, appendix A). 3.10 Overall capture and control efficiency (CCE). The collection and control/destruction efficiency of both the PPE and CD combined. The CCE is calculated as the product of the CE and DE. 3.11 Partial press enclosure (PPE). The physical barrier that “partially” encloses the press equipment, captures a significant amount of the associated emissions, and transports those emissions to the CD. 3.12 Test series. A minimum of three test runs or, when more than three runs are conducted, all of the test runs conducted. 4.0 Interferences There are no known interferences. 5.0 Safety Sulfur hexafluoride is a colorless, odorless, nonflammable liquefied gas. It is stable and nonreactive and, because it is noncorrosive, most structural materials are compatible with it. The Occupational Safety and Health Administration Permissible Emission Limit-Time Weighted Average (PEL-TWA) and Threshold Limit Value-Time Weighted Average (TLV-TWA) concentrations are 1,000 parts per million. Sulfur hexafluoride is an asphyxiant. Exposure to an oxygen-deficient atmosphere (less than 19.5 percent oxygen) may cause dizziness, drowsiness, nausea, vomiting, excess salivation, diminished mental alertness, loss of consciousness, and death. Exposure to atmospheres containing less than 12 percent oxygen will bring about unconsciousness without warning and so quickly that the individuals cannot help themselves. Contact with liquid or cold vapor may cause frostbite. Avoid breathing sulfur hexafluoride gas. Self-contained breathing apparatus may be required by rescue workers. Sulfur hexafluoride is not listed as a carcinogen or a potential carcinogen. 6.0 Equipment and Supplies This method requires equipment and supplies for: (a) the injection of tracer gas into the enclosure, (b) the measurement of the tracer gas concentration in the exhaust gas entering the control device, and (c) the measurement of the volumetric flow rate of the exhaust gas entering the control device. In addition, the requisite equipment needed for EPA Methods 1-4 in appendix A to 40 CFR part 60 will be required. Equipment and supplies for optional ambient air sampling are discussed in Section 8.6. 6.1 Tracer Gas Injection. 6.1.1 Manifolds. This method requires the use of tracer gas supply cylinder(s) along with the appropriate flow control elements. Figure 1 shows a schematic drawing of the injection system showing potential locations for the tracer gas manifolds. Figure 2 shows a schematic drawing of the recommended configuration of the injection manifold. Three tracer gas discharge manifolds are required at a minimum. 6.1.2 Flow Control Meter. Flow control and measurement meter for measuring the quantity of tracer gas injected. A mass flow, volumetric flow, or critical orifice control meter can be used for this method. The meter must be accurate to within ±5 percent at the flow rate used. This means that the flow meter must be calibrated against a primary standard for flow measurement at the appropriate flow rate. 6.2 Measurement of Tracer Gas Concentration. 6.2.1 Sampling Probes. Use Pyrex or stainless steel sampling probes of sufficient length to reach the traverse points calculated according to EPA Method 1 (appendix A to 40 CFR part 60). 6.2.2 Sampling Line. Use a heated Teflon sampling line to transport the sample to the analytical instrument. 6.2.3 Sampling Pump. Use a sampling pump capable of extracting sufficient sample from the duct and transporting to the analytical instrument. 6.2.4 Sample Conditioning System. Use a particulate filter sufficient to protect the sampling pump and analytical instrument. At the discretion of the tester and depending on the equipment used and the moisture content of the exhaust gas, it may be necessary to further condition the sample by removing moisture using a condenser. 6.2.5 Analytical Instrument. Use one of the following analytical instruments. 6.2.5.1 Spectrometer. Use an infrared spectrometer designed to measuring SF 6 6.2.5.2 GC/ECD. Use a GC/ECD designed to measure SF 6 6.2.6 Recorder. At a minimum, use a recorder with linear strip chart. An automated data acquisition system (DAS) is recommended. 6.3 Exhaust Gas Flow Rate Measurement. Use equipment specified for EPA Methods 2, 3, and 4 in appendix A to 40 CFR part 60 for measuring flow rate of exhaust gas at the inlet to the control device. 7.0 Reagents and Standards 7.1 Tracer Gas. Use SF 6 6 6 6 6 6 6 7.2 Calibration Gases. The SF 6 6 Note: If using an FTIR as the analytical instrument, the tester has the option of following the CTS procedures of Method 320 in appendix A to 40 CFR part 63; the calibration standards (and procedures) specified in Method 320 may be used in lieu of the calibration standards and procedures in this protocol. 7.2.1 Zero Gas. High purity nitrogen. 7.2.2 Low-Level Calibration Gas. An SF 6 7.2.3 Mid-Level Calibration Gas. An SF 6 7.2.4 High-Level Calibration Gas. An SF 6 8.0 Sample Collection, Preservation, Storage, and Transport 8.1 Test Design. 8.1.1 Determination of Minimum Tracer Gas Flow Rate. 8.1.1.1 Determine (via design calculations or measurements) the approximate flow rate of the exhaust gas through the enclosure, actual cubic feet per minute (acfm). 8.1.1.2 Calculate the minimum tracer gas injection rate necessary to assure a detectable SF 6 8.1.1.3 Select a flow meter for the injection system with an operating range appropriate for the injection rate selected. 8.1.2 Determination of the Approximate Time to Reach Equilibrium. 8.1.2.1 Determine the volume of the enclosure. 8.1.2.2 Calculate the air changes per minute of the enclosure by dividing the approximate exhaust flow rate (8.1.1.1 above) by the enclosed volume (8.1.2.1 above). 8.1.2.3 Calculate the time at which the tracer concentration in the enclosure will achieve approximate equilibrium. Divide 3 by the air changes per minute (8.1.2.2 above) to establish this time. This is the approximate length of time for the system to come to equilibrium. Concentration equilibrium occurs when the tracer concentration in the enclosure stops changing as a function of time for a constant tracer release rate. Because the press is continuously cycling, equilibrium may be exhibited by a repeating, but stable, cyclic pattern rather than a single constant concentration value. Assure sufficient tracer gas is available to allow the system to come to equilibrium, and to sample for a minimum of 20 minutes and repeat the procedure for a minimum of three test runs. Additional test runs may be required based on the results of the DQO and LCL analyses described in 40 CFR part 63, subpart KK, appendix A. 8.1.3 Location of Injection Points. This method requires a minimum of three tracer gas injection points. The injection points should be located within leak prone, volatile organic compound/hazardous air pollutant (VOC/HAP) producing areas around the press, or horizontally within 12 inches of the defined equipment. One potential configuration of the injection points is depicted in Figure 1. The effect of wind, exfiltration through the building envelope, and air flowing through open building doors should be considered when locating tracer gas injection points within the enclosure. The injection points should also be located at a vertical elevation equal to the VOC/HAP generating zones. The injection points should not be located beneath obstructions that would prevent a natural dispersion of the gas. Document the selected injection points in a drawing(s). 8.1.4 Location of Flow Measurement and Tracer Sampling. Accurate CD inlet gas flow rate measurements are critical to the success of this procedure. Select a measurement location meeting the criteria of EPA Method 1 (40 CFR part 60, appendix A), Sampling and Velocity Traverses for Stationary Sources. Also, when selecting the measurement location, consider whether stratification of the tracer gas is likely at the location ( e.g. 8.2 Tracer Gas Release. Release the tracer gas at a calculated flow rate (see section 12.1 for calculation) through a minimum of three injection manifolds located as described above in 8.1.3. The tracer gas delivery lines must be routed into the enclosure and attached to the manifolds without violating the integrity of the enclosure. 8.3 Pretest Measurements. 8.3.1 Location of Sampling Point(s). If stratification is not suspected at the measurement location, select a single sample point located at the centroid of the CD inlet duct or at a point no closer to the CD inlet duct walls than 1 meter. If stratification is suspected, establish a “measurement line” that passes through the centroidal area and in the direction of any expected stratification. Locate three traverse points at 16.7, 50.0 and 83.3 percent of the measurement line and sample from each of these three points during each run, or follow the procedure in section 8.3.2 to verify whether stratification does or does not exist. 8.3.2 Stratification Verification. The presence or absence of stratification can be verified by using the following procedure. While the facility is operating normally, initiate tracer gas release into the enclosure. For rectangular ducts, locate at least nine sample points in the cross section such that the sample points are the centroids of similarly-shaped, equal area divisions of the cross section. Measure the tracer gas concentration at each point. Calculate the mean value for all sample points. For circular ducts, conduct a 12-point traverse ( i.e. 8.4 CD Inlet Gas Flow Rate Measurements. The procedures of EPA Methods 1-4 (40 CFR part 60, appendix A) are used to determine the CD inlet gas flow rate. Molecular weight (Method 3) and moisture (Method 4) determinations are only required once for each test series. However, if the test series is not completed within 24 hours, then the molecular weight and moisture measurements should be repeated daily. As a minimum, velocity measurements are conducted according to the procedures of Methods 1 and 2 before and after each test run, as close to the start and end of the run as practicable. A velocity measurement between two runs satisfies both the criterion of “after” the run just completed and “before” the run to be initiated. Accurate exhaust gas flow rate measurements are critical to the success of this procedure. If significant temporal variations of flow rate are anticipated during the test run under normal process operating conditions, take appropriate steps to accurately measure the flow rate during the test. Examples of steps that might be taken include: (1) conducting additional velocity traverses during the test run; or (2) continuously monitoring a single point of average velocity during the run and using these data, in conjunction with the pre- and post-test traverses, to calculate an average velocity for the test run. 8.5 Tracer Gas Measurement Procedure. 8.5.1 Calibration Error Test. Immediately prior to the emission test (within 2 hours of the start of the test), introduce zero gas and high-level calibration gas at the calibration valve assembly. Zero and calibrate the analyzer according to the manufacturer's procedures using, respectively, nitrogen and the calibration gases. Calculate the predicted response for the low-level and mid-level gases based on a linear response line between the zero and high-level response. Then introduce the low-level and mid-level calibration gases successively to the measurement system. Record the analyzer responses for the low-level and mid-level calibration gases and determine the differences between the measurement system responses and the predicted responses using the equation in section 12.3. These differences must be less than 5 percent of the respective calibration gas value. If not, the measurement system must be replaced or repaired prior to testing. No adjustments to the measurement system shall be conducted after the calibration and before the drift determination (section 8.5.4). If adjustments are necessary before the completion of the test series, perform the drift checks prior to the required adjustments and repeat the calibration following the adjustments. If multiple electronic ranges are to be used, each additional range must be checked with a mid-level calibration gas to verify the multiplication factor. Note: If using an FTIR for the analytical instrument, you may choose to follow the pretest preparation, evaluation, and calibration procedures of Method 320 (section 8.0) (40 CFR part 63, appendix A) in lieu of the above procedure. 8.5.2 Response Time Test. Conduct this test once prior to each test series. Introduce zero gas into the measurement system at the calibration valve assembly. When the system output has stabilized, switch quickly to the high-level calibration gas. Record the time from the concentration change to the measurement system response equivalent to 95 percent of the step change. Repeat the test three times and average the results. 8.5.3 SF 6 i.e. 6 i.e. Note: If a GC/ECD is used as the analytical instrument, a continuous record (at least once per minute) likely will not be possible; make a minimum of five injections during each test run. Also, the minimum test run duration criterion of 20 minutes applies. 8.5.4 Drift Determination. Immediately following the completion of the test run, reintroduce the zero and mid-level calibration gases, one at a time, to the measurement system at the calibration valve assembly. (Make no adjustments to the measurement system until both the zero and calibration drift checks are made.) Record the analyzer responses for the zero and mid-level calibration gases and determine the difference between the instrument responses for each gas prior to and after the emission test run using the equation in section 12.4. If the drift values exceed the specified limits (section 13), invalidate the test results preceding the check and repeat the test following corrections to the measurement system. Alternatively, recalibrate the test measurement system as in section 8.5.1 and report the results using both sets of calibration data ( i.e. 8.6 Ambient Air Sampling (Optional). Sampling the ambient air surrounding the enclosure is optional. However, taking these samples during the capture efficiency testing will identify those areas of the enclosure that may be performing less efficiently. 8.6.1 Location of Ambient Samples Outside the Enclosure (Optional). In selecting the sampling locations for collecting samples of the ambient air surrounding the enclosure, consider potential leak points, the direction of the release, and laminar flow characteristics in the area surrounding the enclosure. Samples should be collected from all sides of the enclosure, downstream in the prevailing room air flow, and in the operating personnel occupancy areas. 8.6.2 Collection of Ambient Samples (Optional). During the tracer gas release, collect ambient samples from the area surrounding the enclosure perimeter at predetermined location using disposable syringes or some other type of containers that are non-absorbent, inert, and that have low permeability ( i.e. 8.6.3 Analysis and Storage of Ambient Samples (Optional). Analyze the ambient samples using an analytical instrument calibrated and operated according to the procedures in this appendix or ASTM E 260 and ASTM E 697. Samples may be analyzed immediately after a sample is taken, or they may be stored for future analysis. Experience has shown no degradation of concentration in polypropylene syringes when stored for several months as long as the needle or syringe is plugged. Polypropylene syringes should be discarded after one use to eliminate the possibility of cross contamination of samples. 9.0 Quality Control 9.1 Sampling, System Leak Check. A sampling system leak check should be conducted prior to and after each test run to ensure the integrity of the sampling system. 9.2 Zero and Calibration Drift Tests. Section Quality control measure Effect 8.5.4 Zero and calibration drift tests Ensures that bias introduced by drift in the measurement system output during the run is no greater than 3 percent of span. 10.0 Calibration and Standardization 10.1 Control Device Inlet Air Flow Rate Measurement Equipment. Follow the equipment calibration requirements specified in Methods 2, 3, and 4 (appendix A to 40 CFR part 60) for measuring the velocity, molecular weight, and moisture of the control device inlet air. 10.2 Tracer Gas Injection Rate. A dry gas volume flow meter, mass flow meter, or orifice can be used to measure the tracer gas injection flow rate. The selected flow measurement device must have an accuracy of greater than ±5 percent at the field operating range. Prior to the test, verify the calibration of the selected flow measurement device using either a wet test meter, spirometer, or liquid displacement meter as the calibration device. Select a minimum of two flow rates to bracket the expected field operating range of the flow meter. Conduct three calibration runs at each of the two selected flow rates. For each run, note the exact quantity of gas as determined by the calibration standard and the gas volume indicated by the flow meter. For each flow rate, calculate the average percent difference of the indicated flow compared to the calibration standard. 10.3 Spectrometer. Follow the calibration requirements specified by the equipment manufacturer for infrared spectrometer measurements and conduct the pretest calibration error test specified in section 8.5.1. Note: if using an FTIR analytical instrument see Method 320, section 10 (appendix A to 40 CFR part 63). 10.4 Gas Chromatograph. Follow the pre-test calibration requirements specified in section 8.5.1. 10.5 Gas Chromatograph for Ambient Sampling (Optional). For the optional ambient sampling, follow the calibration requirements specified in section 8.5.1 or ASTM E 260 and E 697 and by the equipment manufacturer for gas chromatograph measurements. 11.0 Analytical Procedures The sample collection and analysis are concurrent for this method (see section 8.0). 12.0 Calculations and Data Analysis 12.1 Estimate MML and Span. The MML is the minimum measurement level. The selection of this level is at the discretion of the tester. However, the MML must be higher than the low-level calibration standard, and the tester must be able to measure at this level with a precision of ≤10 percent. As an example, select the MML as 10 times the instrument's published detection limit. The detection limit of one instrument is 0.01 parts per million by volume (ppmv). Therefore, the MML would be 0.10 ppmv. Select the low-level calibration standard as 0.08 ppmv. The high-level standard would be four times the low-level standard or 0.32 ppmv. A reasonable mid-level standard would then be 0.20 ppmv (halfway between the low-level standard and the high-level standard). Finally, the span value would be approximately 0.40 ppmv (the high-level value is 80 percent of the span). In this example, the following MML, calibration standards, and span values would apply: MML = 0.10 ppmv Low-level standard = 0.08 ppmv Mid-level standard = 0.20 ppmv High-level standard = 0.32 ppmv Span value = 0.40 ppmv 12.2 Estimate Tracer Gas Injection Rate for the Given Span. To estimate the minimum and maximum tracer gas injection rate, assume a worst case capture efficiency of 80 percent, and calculate the tracer gas flow rate based on known or measured parameters. To estimate the minimum tracer gas injection rate, assume that the MML concentration (10 times the IR detection limit in this example) is desired at the measurement location. The following equation can be used to estimate the minimum tracer gas injection rate: ((Q T-MIN E T 6 Q T-MIN E T −4 Where: Q T-MIN Q E C T 6 MML = minimum measured level, ppmv = 10 × IR DL IR DL Standard conditions: 20 °C, 760 millimeters of mercury (mm Hg). To estimate the maximum tracer gas injection rate, assume that the span value is desired at the measurement location. The following equation can be used to estimate the maximum tracer gas injection rate: ((Q T-MAX E T 6 Q T-MAX E T −4 Where: Q T-MAX Span value = instrument span value, ppmv. The following example illustrates this calculation procedure: Find the range of volumetric flow rate of tracer gas to be injected when the following parameters are known: Q E C T 6 IR DL MML = 10 × IR DL Span value = 0.40 ppmv; Q T Minimum tracer gas volumetric flow rate: Q T-MIN E T −4 Q T-MIN −4 Maximum tracer gas volumetric flow rate: Q T-MAX E T −4 Q T-MAX −4 In this example, the estimated total volumetric flow rate of the two percent SF 6 12.3 Calibration Error. Calculate the calibration error for the low-level and mid-level calibration gases using the following equation: Err = |C std meas std Where: Err = calibration error, percent; C std C meas 12.4 Calibration Drift. Calculate the calibration drift for the zero and low-level calibration gases using the following equation: D = ||C initial final span Where: D = calibration drift, percent; C initial C final C span 12.5 Calculate Capture Efficiency. The equation to calculate enclosure capture efficiency is provided below: CE = (SF 6-CD 6-INJ Where: CE = capture efficiency; SF 6-CD 6 SF 6-INJ 6 Calculate the CE for each of the initial three test runs. Then follow the procedures outlined in section 12.6 to calculate the overall capture efficiency. 12.6 Calculate Overall Capture Efficiency. After calculating the capture efficiency for each of the initial three test runs, follow the procedures in 40 CFR part 63, subpart KK, appendix A, to determine if the results of the testing can be used in determining compliance with the requirements of the rule. There are two methods that can be used: the DQO and LCL methods. The DQO method is described in section 3 of 40 CFR part 63, subpart KK, appendix A, and provides a measure of the precision of the capture efficiency testing conducted. Section 3 of 40 CFR part 63, subpart KK, appendix A, provides an example calculation using results from a facility. If the DQO criteria are met using the first set of three test runs, then the facility can use the average capture efficiency of these test results to determine the capture efficiency of the enclosure. If the DQO criteria are not met, then the facility can conduct another set of three runs and run the DQO analysis again using the results from the six runs OR The LCL method is described in section 4 of 40 CFR part 63, subpart KK, appendix A, and provides sources that may be performing much better than their regulatory requirement, a screening option by which they can demonstrate compliance. The LCL approach compares the 80 percent lower confidence limit for the mean measured CE value to the applicable regulatory requirement. If the LCL capture efficiency is higher than the applicable limit, then the facility is in initial compliance and would use the LCL capture efficiency as the capture efficiency to determine compliance. If the LCL capture efficiency is lower than the applicable limit, then the facility must perform additional test runs and re-run the DQO or LCL analysis. 13.0 Method Performance 13.1 Measurement System Performance Specifications. 13.1.1 Zero Drift. Less than ±3 percent of the span value. 13.1.2 Calibration Drift. Less than ±3 percent of the span value. 13.1.3 Calibration Error. Less than ±5 percent of the calibration gas value. 13.2 Flow Measurement Specifications. The mass flow, volumetric flow, or critical orifice control meter used should have an accuracy of greater than ±5 percent at the flow rate used. 13.3 Calibration and Tracer Gas Specifications. The manufacturer of the calibration and tracer gases should provide a recommended shelf life for each calibration gas cylinder over which the concentration does not change more than ±2 percent from the certified value. 14.0 Pollution Prevention [Reserved] 15.0 Waste Management [Reserved] 16.0 References 1. 40 CFR part 60, appendix A, EPA Method 1—Sample and velocity traverses for stationary sources. 2. 40 CFR part 60, appendix A, EPA Method 2—Determination of stack gas velocity and volumetric flow rate. 3. 40 CFR part 60, appendix A, EPA Method 3—Gas analysis for the determination of dry molecular weight. 4. 40 CFR part 60, appendix A, EPA Method 4—Determination of moisture content in stack gases. 5. SEMI F15-93 Test Method for Enclosures Using Sulfur Hexafluoride Tracer Gas and Gas Chromotography. 6. Memorandum from John S. Seitz, Director, Office of Air Quality Planning and Standards, to EPA Regional Directors, Revised Capture Efficiency Guidance for Control of Volatile Organic Compound Emissions, February 7, 1995. (That memorandum contains an attached technical document from Candace Sorrell, Emission Monitoring and Analysis Division, “Guidelines for Determining Capture Efficiency,” January 9, 1994). 7. Technical Systems Audit of Testing at Plant “C,” EPA-454/R-00-26, May 2000. 8. Material Safety Data Sheet for SF 6 www3.airproducts.com. 17.0 Tables, Diagrams, Flowcharts, and Validation Data Table 1 to Appendix A—Summary of Critical Physical Measurements for Enclosure Testing Measurement Measurement instrumentation Measurement frequency Measurement site Tracer gas injection rate Mass flow meter, volumetric flow meter or critical orifice Continuous Injection manifolds (cylinder gas). Tracer gas concentration at control device inlet Infrared Spectrometer or GC/ECD Continuous (at least one reading per minute) for a minimum of 20 minutes Inlet duct to the control device (outlet duct of enclosure). Volumetric air flow rate EPA Methods 1, 2, 3, 4 (40 CFR part 60, appendix A) Each test run for velocity (minimum); Daily for moisture and molecular weight Inlet duct to the control device (outlet duct of enclosure). • Midget Impinger sampler • Orsat or Fyrite [69 FR 46011, July 30, 2004, as amended at 71 FR 8375, Feb. 16, 2006] Subpart EEEE—National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non-Gasoline) Source: 69 FR 5063, Feb. 3, 2004, unless otherwise noted. What This Subpart Covers § 63.2330 What is the purpose of this subpart? This subpart establishes national emission limitations, operating limits, and work practice standards for organic hazardous air pollutants (HAP) emitted from organic liquids distribution (OLD) (non-gasoline) operations at major sources of HAP emissions. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations, operating limits, and work practice standards. § 63.2334 Am I subject to this subpart? (a) Except as provided for in paragraphs (b) and (c) of this section, you are subject to this subpart if you own or operate an OLD operation that is located at, or is part of, a major source of HAP emissions. An OLD operation may occupy an entire plant site or be collocated with other industrial ( e.g., (b) Organic liquid distribution operations located at research and development facilities, consistent with section 112(c)(7) of the Clean Air Act (CAA), are not subject to this subpart. (c) Organic liquid distribution operations do not include the activities and equipment, including product loading racks, used to process, store, or transfer organic liquids at facilities listed in paragraph (c) (1) and (2) of this section. (1) Oil and natural gas production field facilities, as the term “facility” is defined in § 63.761 of subpart HH. (2) Natural gas transmission and storage facilities, as the term “facility” is defined in § 63.1271 of subpart HHH. § 63.2338 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing OLD operation affected source. (b) Except as provided in paragraph (c) of this section, the affected source is the collection of activities and equipment used to distribute organic liquids into, out of, or within a facility that is a major source of HAP. The affected source is composed of: (1) All storage tanks storing organic liquids. (2) All transfer racks at which organic liquids are loaded into or unloaded out of transport vehicles and/or containers. (3) All equipment leak components in organic liquids service that are associated with: (i) Storage tanks storing organic liquids; (ii) Transfer racks loading or unloading organic liquids; (iii) Pipelines that transfer organic liquids directly between two storage tanks that are subject to this subpart; (iv) Pipelines that transfer organic liquids directly between a storage tank subject to this subpart and a transfer rack subject to this subpart; and (v) Pipelines that transfer organic liquids directly between two transfer racks that are subject to this subpart. (4) All transport vehicles while they are loading or unloading organic liquids at transfer racks subject to this subpart. (5) All containers while they are loading or unloading organic liquids at transfer racks subject to this subpart. (c) The equipment listed in paragraphs (c)(1) through (3) of this section and used in the identified operations is excluded from the affected source. (1) Storage tanks, transfer racks, transport vehicles, containers, and equipment leak components that are part of an affected source under another 40 CFR part 63 national emission standards for hazardous air pollutants (NESHAP). (2) Non-permanent storage tanks, transfer racks, transport vehicles, containers, and equipment leak components when used in special situation distribution loading and unloading operations (such as maintenance or upset liquids management). (3) Storage tanks, transfer racks, transport vehicles, containers, and equipment leak components when used to conduct maintenance activities, such as stormwater management, liquid removal from tanks for inspections and maintenance, or changeovers to a different liquid stored in a storage tank. (d) An affected source is a new affected source if you commenced construction of the affected source after April 2, 2002, and you meet the applicability criteria in § 63.2334 at the time you commenced operation. (e) An affected source is reconstructed if you meet the criteria for reconstruction as defined in § 63.2. (f) An affected source is existing if it is not new or reconstructed. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42904, July 28, 2006; 85 FR 40761, July 7, 2020] § 63.2342 When do I have to comply with this subpart? (a) Except as specified in paragraph (e) of this section, if you have a new or reconstructed affected source, you must comply with this subpart according to the schedule identified in paragraph (a)(1), (2), or (3) of this section, as applicable. (1)(i) Except as provided in paragraph (a)(1)(ii) of this section, if you startup your new affected source on or before February 3, 2004 or if you reconstruct your affected source on or before February 3, 2004, you must comply with the emission limitations, operating limits, and work practice standards for new and reconstructed sources in this subpart no later than February 3, 2004. (ii) For any emission source listed in paragraph § 63.2338(b) at an affected source that commenced construction or reconstruction after April 2, 2002, but before February 3, 2004, that is required to be controlled based on the applicability criteria in this subpart, but: (A) Would not have been required to be controlled based on the applicability criteria as proposed for this subpart, you must comply with the emission limitations, operating limits, and work practice standards for each such emission source based on the schedule found in paragraph (b) of this section or at startup, whichever is later; or (B) Would have been subject to a less stringent degree of control requirement as proposed for this subpart, you must comply with the emission limitations, operating limits, and work practice standards in this subpart for each such emission source based on the schedule found in paragraph (b) of this section or at startup, whichever is later, and if you start up your affected new or reconstructed source before February 5, 2007, you must comply with the emission limitations, operating limits, and work practice standards for each such emission source as proposed for this subpart, until you are required to comply with the emission limitations, operating limits, and work practice standards in this subpart for each such emission source based on the schedule found in paragraph (b) of this section. (2) If you commence construction of or reconstruct your affected source after February 3, 2004, you must comply with the emission limitations, operating limits, and work practice standards for new and reconstructed sources in this subpart upon startup of your affected source. (3) If, after startup of a new affected source, the total actual annual facility-level organic liquid loading volume at that source exceeds the criteria for control in Table 2 to this subpart, items 9 and 10, the owner or operator must comply with the transfer rack requirements specified in § 63.2346(b) immediately; that is, be in compliance the first day of the period following the end of the 3-year period triggering the control criteria. (b) Except as specified in paragraph (e) of this section, if you have an existing affected source, you must comply with this subpart according to the schedule identified in paragraph (b)(1), (2), or (3) of this section, as applicable. (1) If you have an existing affected source, you must comply with the emission limitations, operating limits, and work practice standards for existing affected sources no later than February 5, 2007, except as provided in paragraphs (b)(2) and (3) of this section. (2) Floating roof storage tanks at existing affected sources must be in compliance with the work practice standards in Table 4 to this subpart, item 1, at all times after the next degassing and cleaning activity or within 10 years after February 3, 2004, whichever occurs first. If the first degassing and cleaning activity occurs during the 3 years following February 3, 2004, the compliance date is February 5, 2007. (3)(i) If an addition or change other than reconstruction as defined in § 63.2 is made to an existing affected facility that causes the total actual annual facility-level organic liquid loading volume to exceed the criteria for control in Table 2 to this subpart, items 7 and 8, the owner or operator must comply with the transfer rack requirements specified in § 63.2346(b) immediately; that is, be in compliance the first day of the period following the end of the 3-year period triggering the control criteria. (ii) If the owner or operator believes that compliance with the transfer rack emission limits cannot be achieved immediately, as specified in paragraph (b)(3)(i) of this section, the owner or operator may submit a request for a compliance extension, as specified in paragraphs (b)(3)(ii)(A) through (I) of this section. Subject to paragraph (b)(3)(ii)(B) of this section, until an extension of compliance has been granted by the Administrator (or a State with an approved permit program) under this paragraph (b)(3)(ii), the owner or operator of the transfer rack subject to the requirements of this section shall comply with all applicable requirements of this subpart. Advice on requesting an extension of compliance may be obtained from the Administrator (or the State with an approved permit program). (A) Submittal. (B) When to submit. 1 2 1 ( 2 1 2 (C) Information required. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 ( i ( ii ( iii (D) Approval of request for extension of compliance. ( 1 ( 2 ( 3 ( 4 ( 5 ( 6 (E) Progress reports. (F) Notification of approval or intention to deny. 1 ( 2 ( 3 ( i ( ii ( 4 (G) Termination of extension of compliance. 3 4 ( 1 ( 2 ( 3 (H) The granting of an extension under this section shall not abrogate the Administrator's authority under section 114 of the CAA. (I) Limitation on use of compliance extension. (c) If you have an area source that does not commence reconstruction but increases its emissions or its potential to emit such that it becomes a major source of HAP emissions and an existing affected source subject to this subpart, you must be in compliance by 3 years after the area source becomes a major source. (d) You must meet the notification requirements in §§ 63.2343 and 63.2382(a), as applicable, according to the schedules in § 63.2382(a) and (b)(1) through (2) and in subpart A of this part. Some of these notifications must be submitted before the compliance dates for the emission limitations, operating limits, and work practice standards in this subpart. (e) An affected source that commenced construction or reconstruction on or before October 21, 2019, must be in compliance with the requirements listed in paragraphs (e)(1) through (5) of this section upon initial startup or July 7, 2023, whichever is later. An affected source that commenced construction or reconstruction after October 21, 2019, must be in compliance with the requirements listed in paragraphs (e)(1) through (5) of this section upon initial startup or July 7, 2020, whichever is later. (1) The requirements for storage tanks not requiring control specified in § 63.2343(b)(4). (2) The requirements for storage tanks at an existing affected source specified in §§ 63.2346(a)(5) and (6), 63.2386(d)(3)(iii), 63.2396(a)(4), footnote (2) to Table 2 to this subpart, and Table 2b to this subpart. (3) The flare requirements specified in §§ 63.2346(k), 63.2382(d)(2)(ix), 63.2386(d)(5), 63.2390(h), footnote (1) to Table 2 to this subpart, item 7.d, to Table 3 to this subpart, items 1.a.iii and 2.a.iii of Table 8 to this subpart, and item 7.e of Table 9 to this subpart. (4) The requirements specified in §§ 63.2346(l), 63.2350(d), 63.2366(c), 63.2390(f) and (g), 63.2386(c)(11) and (12), 63.2386(d)(1)(xiii) and (f) through (j), 63.2378(e), footnote (1) to Table 9 to this subpart, and items 1.a.i and 2.a.ii of Table 10 to this subpart. (5) The performance testing requirements specified in § 63.2354(b)(6). [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42905, July 28, 2006; 85 FR 40761, July 7, 2020] § 63.2343 What are my requirements for emission sources not requiring control? This section establishes the notification, recordkeeping, and reporting requirements for emission sources identified in § 63.2338 that do not require control under this subpart ( i.e., (a) For each storage tank subject to this subpart having a capacity of less than 18.9 cubic meters (5,000 gallons) and for each transfer rack subject to this subpart that only unloads organic liquids ( i.e., i.e., (b) Except as specified in paragraph (b)(4) of this section, for each storage tank subject to this subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more that is not subject to control based on the criteria specified in Table 2 to this subpart, items 1 through 6, you must comply with the requirements specified in paragraphs (b)(1) through (3) of this section. (1)(i) You must submit the information in § 63.2386(c)(1), (2), (3), and (10)(i) in either the Notification of Compliance Status, according to the schedule specified in Table 12 to this subpart, or in your first Compliance report, according to the schedule specified in § 63.2386(b), whichever occurs first. (ii)(A) If you submit your first Compliance report before your Notification of Compliance Status, the Notification of Compliance Status must contain the information specified in § 63.2386(d)(3) and (4) if any of the changes identified in paragraph (d) of this section have occurred since the filing of the first Compliance report. If none of the changes identified in paragraph (d) of this section have occurred since the filing of the first Compliance report, you do not need to report the information specified in § 63.2386(c)(10)(i) when you submit your Notification of Compliance Status. (B) If you submit your Notification of Compliance Status before your first Compliance report, your first Compliance report must contain the information specified in § 63.2386(d)(3) and (4) if any of the changes specified in paragraph (d) of this section have occurred since the filing of the Notification of Compliance Status. (iii) If you are already submitting a Notification of Compliance Status or a first Compliance report under § 63.2386(c), you do not need to submit a separate Notification of Compliance Status or first Compliance report for each storage tank that meets the conditions identified in paragraph (b) of this section (i.e., a single Notification of Compliance Status or first Compliance report should be submitted). (2)(i) You must submit a subsequent Compliance report according to the schedule in § 63.2386(b) whenever any of the events in paragraph (d) of this section occur, as applicable. (ii) Your subsequent Compliance reports must contain the information in § 63.2386(c)(1), (2), (3) and, as applicable, in § 63.2386(d)(3) and (4). If you are already submitting a subsequent Compliance report under § 63.2386(d), you do not need to submit a separate subsequent Compliance report for each storage tank that meets the conditions identified in paragraph (b) of this section (i.e., a single subsequent Compliance report should be submitted). (3) For each storage tank that meets the conditions identified in paragraph (b) of this section, you must keep documentation, including a record of the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid, that verifies the storage tank is not required to be controlled under this subpart. The documentation must be kept up-to-date and must be in a form suitable and readily available for expeditious inspection and review according to § 63.10(b)(1), including records stored in electronic form in a separate location. (4) Beginning no later than the compliance dates specified in § 63.2342(e), the requirements specified in paragraphs (b)(1) through (3) of this section apply to the following storage tanks: (i) Storage tanks at an existing affected source subject to this subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more that are not subject to control based on the criteria specified in Table 2b to this subpart, items 1 through 3. (ii) Storage tanks at a reconstructed or new affected source subject to this subpart having a capacity of 18.9 cubic meters (5,000 gallons) or more that are not subject to control based on the criteria specified in Table 2 to this subpart, items 3 through 6. (c) For each transfer rack subject to this subpart that loads organic liquids but is not subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, you must comply with the requirements specified in paragraphs (c)(1) through (3) of this section. (1)(i) You must submit the information in § 63.2386(c)(1), (2), (3), and (10)(i) in either the Notification of Compliance Status, according to the schedule specified in Table 12 to this subpart, or a first Compliance report, according to the schedule specified in § 63.2386(b), whichever occurs first. (ii)(A) If you submit your first Compliance report before your Notification of Compliance Status, the Notification of Compliance Status must contain the information specified in § 63.2386(d)(3) and (4) if any of the changes identified in paragraph (d) of this section have occurred since the filing of the first Compliance report. If none of the changes identified in paragraph (d) of this section have occurred since the filing of the first Compliance report, you do not need to report the information specified in § 63.2386(c)(10)(i) when you submit your Notification of Compliance Status. (B) If you submit your Notification of Compliance Status before your first Compliance report, your first Compliance report must contain the information specified in § 63.2386(d)(3) and (4) if any of the changes specified in paragraph (d) of this section have occurred since the filing of the Notification of Compliance Status. (iii) If you are already submitting a Notification of Compliance Status or a first Compliance report under § 63.2386(c), you do not need to submit a separate Notification of Compliance Status or first Compliance report for each transfer rack that meets the conditions identified in this paragraph (c) ( i.e., (2)(i) You must submit a subsequent Compliance report according to the schedule in § 63.2386(b) whenever any of the events in paragraph (d) of this section occur, as applicable. (ii) Your subsequent Compliance reports must contain the information in § 63.2386(c)(1), (2), (3) and, as applicable, in § 63.2386(d)(3) and (4). If you are already submitting a subsequent Compliance report under § 63.2386(d), you do not need to submit a separate subsequent Compliance report for each transfer rack that meets the conditions identified in paragraph (c) of this section (i.e., a single subsequent Compliance report should be submitted). (3) For each transfer rack that meets the conditions identified in paragraph (c) of this section, you must keep documentation, including the records specified in § 63.2390(d), that verifies the transfer rack is not required to be controlled under this subpart. The documentation must be kept up-to-date and must be in a form suitable and readily available for expeditious inspection and review according to § 63.10(b)(1), including records stored in electronic form in a separate location. (d) If one or more of the events identified in paragraphs (d)(1) through (4) of this section occur since the filing of the Notification of Compliance Status or the last Compliance report, you must submit a subsequent Compliance report as specified in paragraphs (b)(2) and (c)(2) of this section. (1) Any storage tank or transfer rack became subject to control under this subpart EEEE; or (2) Any storage tank equal to or greater than 18.9 cubic meters (5,000 gallons) became part of the affected source but is not subject to any of the emission limitations, operating limits, or work practice standards of this subpart; or (3) Any transfer rack (except those racks at which only unloading of organic liquids occurs) became part of the affected source; or (4) Any of the information required in § 63.2386(c)(1), § 63.2386(c)(2), or § 63.2386(c)(3) has changed. [71 FR 42906, July 28, 2006, as amended at 73 FR 21830, Apr. 23, 2008; 85 FR 40761, July 7, 2020] Emission Limitations, Operating Limits, and Work Practice Standards § 63.2346 What emission limitations, operating limits, and work practice standards must I meet? (a) Storage tanks. (1) Meet the emission limits specified in Table 2 or 2b to this subpart and comply with paragraph (l) of this section and the applicable requirements specified in subpart SS of this part, for meeting emission limits, except substitute the term “storage tank” at each occurrence of the term “storage vessel” in subpart SS. (2) Route emissions to fuel gas systems or back into a process as specified in subpart SS of this part. If you comply with this paragraph, then you must also comply with the requirements specified in paragraph (l) of this section. (3) Comply with 40 CFR part 63, subpart WW (control level 2). (4) Use a vapor balancing system that complies with the requirements specified in paragraphs (a)(4)(i) through (vii) of this section and with the recordkeeping requirements specified in § 63.2390(e). (i) The vapor balancing system must be designed and operated to route organic HAP vapors displaced from loading of the storage tank to the transport vehicle from which the storage tank is filled. (ii) Transport vehicles must have a current certification in accordance with the United States Department of Transportation (U.S. DOT) qualification and maintenance requirements of 49 CFR part 180, subparts E (for cargo tanks) and F (for tank cars). (iii) Organic liquids must only be unloaded from cargo tanks or tank cars when vapor collection systems are connected to the storage tank's vapor collection system. (iv) No pressure relief device on the storage tank, on the vapor return line, or on the cargo tank or tank car, shall open during loading or as a result of diurnal temperature changes (breathing losses). (v) Pressure relief devices must be set to no less than 2.5 pounds per square inch gauge (psig) at all times to prevent breathing losses. Pressure relief devices may be set at values less than 2.5 psig if the owner or operator provides rationale in the notification of compliance status report explaining why the alternative value is sufficient to prevent breathing losses at all times. The owner or operator shall comply with paragraphs (a)(4)(v)(A) through (C) of this section for each relief valve. (A) The relief valve shall be monitored quarterly using the method described in § 63.180(b). (B) An instrument reading of 500 parts per million by volume (ppmv) or greater defines a leak. (C) When a leak is detected, it shall be repaired as soon as practicable, but no later than 5 days after it is detected, and the owner or operator shall comply with the recordkeeping requirements of § 63.181(d)(1) through (4). (vi) Cargo tanks and tank cars that deliver organic liquids to a storage tank must be reloaded or cleaned at a facility that utilizes the control techniques specified in paragraph (a)(4)(vi)(A) or (a)(4)(vi)(B) of this section. (A) The cargo tank or tank car must be connected to a closed-vent system with a control device that reduces inlet emissions of total organic HAP by 95 percent by weight or greater or to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3 percent oxygen for combustion devices using supplemental combustion air. (B) A vapor balancing system designed and operated to collect organic HAP vapor displaced from the cargo tank or tank car during reloading must be used to route the collected vapor to the storage tank from which the liquid being transferred originated or to another storage tank connected to a common header. (vii) The owner or operator of the facility where the cargo tank or tank car is reloaded or cleaned must comply with paragraphs (a)(4)(vii)(A) through (D) of this section. (A) Submit to the owner or operator of the storage tank and to the Administrator a written certification that the reloading or cleaning facility will meet the requirements of paragraph (a)(4)(vii)(A) through (C) of this section. The certifying entity may revoke the written certification by sending a written statement to the owner or operator of the storage tank giving at least 90 days notice that the certifying entity is rescinding acceptance of responsibility for compliance with the requirements of this paragraph (a)(4)(vii) of this section. (B) If complying with paragraph (a)(4)(vi)(A) of this section, comply with the requirements for a closed vent system and control device as specified in this subpart EEEE. The notification requirements in § 63.2382 and the reporting requirements in § 63.2386 do not apply to the owner or operator of the offsite cleaning or reloading facility. (C) If complying with paragraph (a)(4)(vi)(B) of this section, keep the records specified in § 63.2390(e)(3) or equivalent recordkeeping approved by the Administrator. (D) After the compliance dates specified in § 63.2342, at an offsite reloading or cleaning facility subject to § 63.2346(a)(4), compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 that has monitoring, recordkeeping, and reporting provisions constitutes compliance with the monitoring, recordkeeping and reporting provisions of § 63.2346(a)(4)(vii)(B) or § 63.2346(a)(4)(vii)(C). You must identify in your notification of compliance status report required by § 63.2382(d) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies. (5) Beginning no later than the compliance dates specified in § 63.2342(e), the tank capacity criteria, liquid vapor pressure criteria, and emission limits specified for storage tanks at an existing affected source in Table 2 of this subpart, item 1 no longer apply. Instead, for each storage tank at an existing affected source storing organic liquids that meets the tank capacity and liquid vapor pressure criteria for control in Table 2b to this subpart, items 1 through 3, you must comply with paragraph (a)(1), (2), (3), or (4) and paragraph (a)(6) of this section. (6) Beginning no later than the compliance dates specified in § 63.2342(e), tank emissions during storage tank shutdown operations ( i.e., (i) Remove organic liquids from the storage tank as much as practicable; (ii) Comply with either of the following: (A) The requirements of Table 2 or 2b to this subpart, item 1.a.i. as applicable; OR, (B) The requirements of Table 4 to this subpart, item 1.b. (iii) Comply with the requirements in § 63.2350(d) for each storage tank shutdown event and maintain records necessary to demonstrate compliance with the requirements in § 63.2350(d) including, if appropriate, records of existing standard site procedures used to empty and degas (deinventory) equipment for safety purposes. (iv) For floating roof storage tanks, the storage tank may be opened to set up equipment (e.g., making connections to a temporary control device) for the shutdown operations but must not be actively degassed during this time period. (b) Transfer racks. (1) Meet the emission limits specified in Table 2 to this subpart and comply with paragraph (l) of this section and the applicable requirements for transfer racks specified in subpart SS of this part, for meeting emission limits. (2) Route emissions to fuel gas systems or back into a process as specified in subpart SS of this part. If you comply with this paragraph, then you must also comply with the requirements specified in paragraph (l) of this section. (3)(i) Use a vapor balancing system that routes organic HAP vapors displaced from the loading of organic liquids into transport vehicles to the storage tank from which the liquid being loaded originated or to another storage tank connected to a common header. (ii) Use a vapor balancing system that routes the organic HAP vapors displaced from the loading of organic liquids into containers directly (e.g., no intervening tank or containment area such as a room) to the storage tank from which the liquid being loaded originated or to another storage tank connected to a common header. (c) Equipment leak components. (d) Transport vehicles. (1) Follow the steps in 40 CFR 60.502(e) to ensure that organic liquids are loaded only into vapor-tight transport vehicles and comply with the provisions in 40 CFR 60.502(f) through (i), except substitute the term “transport vehicle” at each occurrence of the term “tank truck” or “gasoline tank truck” in those paragraphs. (2) Ensure that organic liquids are loaded only into transport vehicles that have a current certification in accordance with the U.S. DOT qualification and maintenance requirements in 49 CFR part 180, subpart E for cargo tanks and subpart F for tank cars. (e) Operating limits. (f) Surrogate for organic HAP. (g) As provided in § 63.6(g), you may request approval from the Administrator to use an alternative to the emission limitations, operating limits, and work practice standards in this section. You must follow the procedures in § 63.177(b) through (e) in applying for permission to use such an alternative. If you apply for permission to use an alternative to the emission limitations, operating limits, and work practice standards in this section, you must submit the information described in § 63.6(g)(2). (h) [Reserved] (i) Safety device. (j) If you elect to comply with this subpart by combining emissions from different emission sources subject to this subpart in a single control device, then you must comply with the provisions specified in § 63.982(f). (k) Flares. (l) Startup, shutdown, and malfunction. (1) The second sentence of § 63.181(d)(5)(i). (2) The second sentence of § 63.983(a)(5). (3) The phrase “except during periods of start-up, shutdown, and malfunction as specified in the referencing subpart” in § 63.984(a). (4) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.985(a). (5) The phrase “other than start-ups, shutdowns, or malfunctions” in § 63.994(c)(1)(ii)(D). (6) § 63.996(c)(2)(ii). (7) The last sentence of § 63.997(e)(1)(i). (8) § 63.998(b)(2)(iii). (9) The phrase “other than periods of start-ups, shutdowns or malfunctions” from § 63.998(b)(5)(i)(A). (10) The phrase “other than a start-up, shutdown or malfunction” from § 63.998(b)(5)(i)(B)(3). (11) The phrase “other than periods of start-ups, shutdowns or malfunctions” from § 63.998(b)(5)(i)(C). (12) The phrase “other than a start-up, shutdown or malfunction” from § 63.998(b)(5)(ii)(C). (13) The phrase “, except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” from § 63.998(b)(6)(i). (14) The second sentence of § 63.998(b)(6)(ii). (15) § 63.998(c)(1)(ii)(D), (E), (F), and (G). (16) § 63.998(d)(3). (17) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1005(e)(4)(i). (18) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1024(f)(4)(i). (19) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1007(e)(1)(ii)(A). (20) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1026(e)(1)(ii)(A). [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42908, July 28, 2006; 73 FR 40981, July 17, 2008; 73 FR 21830, Apr. 23, 2008; 85 FR 40761, July 7, 2020; 89 FR 23866, Apr. 4, 2024] General Compliance Requirements § 63.2350 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations, operating limits, and work practice standards in this subpart at all times when the equipment identified in § 63.2338(b)(1) through (5) is in OLD operation. (b) Except as specified in paragraph (d) of this section, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). (c) Except for emission sources not required to be controlled as specified in § 63.2343, you must develop a written startup, shutdown, and malfunction (SSM) plan according to the provisions in § 63.6(e)(3). Beginning no later than July 7, 2023, this paragraph no longer applies; however, for historical compliance purposes, a copy of the plan must be retained and available according to the requirements in § 63.2394(c) for five years after July 7, 2023. (d) Beginning no later than the compliance dates specified in § 63.2342(e), paragraph (b) of this section no longer applies. Instead, at all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. [85 FR 40763, July 7, 2020] Testing and Initial Compliance Requirements § 63.2354 What performance tests, design evaluations, and performance evaluations must I conduct? (a)(1) For each performance test that you conduct, you must use the procedures specified in subpart SS of this part and the provisions specified in paragraph (b) of this section. (2) For each design evaluation you conduct, you must use the procedures specified in subpart SS of this part. You must also comply with the requirements specified in § 63.2346(l). (3) For each performance evaluation of a continuous emission monitoring system (CEMS) you conduct, you must follow the requirements in § 63.8(e) and paragraph (d) of this section. For CEMS installed after the compliance date specified in § 63.2342(e), conduct a performance evaluation of each CEMS within 180 days of installation of the monitoring system. (b)(1) Except as specified in paragraph (b)(6) of this section, for nonflare control devices, you must conduct each performance test according to the requirements in § 63.7(e)(1), and either § 63.988(b), § 63.990(b), or § 63.995(b), using the procedures specified in § 63.997(e). (2) You must conduct three separate test runs for each performance test on a nonflare control device as specified in §§ 63.7(e)(3) and 63.997(e)(1)(v). Each test run must last at least 1 hour, except as provided in § 63.997(e)(1)(v)(A) and (B). (3)(i) In addition to Method 25 or 25A (40 CFR part 60, appendix A-7), to determine compliance with the TOC emission limit, you may use Method 18 (40 CFR part 60, appendix A-6) or Method 320 of appendix A to this part to determine compliance with the total organic HAP emission limit. You may not use Method 18 or Method 320 of appendix A to this part if the control device is a combustion device, and you must not use Method 320 of appendix A to this part if the gas stream contains entrained water droplets. All compounds quantified by Method 320 of appendix A to this part must be validated according to Section 13.0 of Method 320 of appendix A to this part. As an alternative to Method 18, for determining compliance with the total organic HAP emission limit, you may use ASTM D6420-18 (incorporated by reference, see § 63.14), under the conditions specified in paragraph (b)(3)(ii) of this section. (A) If you use Method 18 (40 CFR 60, appendix A-6) or Method 320 of appendix A to this part to measure compliance with the percentage efficiency limit, you must first determine which organic HAP are present in the inlet gas stream ( i.e., (B) If you use Method 18 (40 CFR part 60, appendix A-6) or Method 320 of appendix A to this part, to measure compliance with the emission concentration limit, you must first determine which organic HAP are present in the inlet gas stream using knowledge of the organic liquids or the screening procedure described in Method 18. In conducting the performance test, analyze samples collected as specified in Method 18 at the outlet of the control device. Quantify the control device outlet emission concentration for the same organic HAP identified as present in the inlet or uncontrolled gas stream. (ii) You may use ASTM D6420-18 (incorporated by reference, see § 63.14), to determine compliance with the total organic HAP emission limit if the target concentration for each HAP is between 150 parts per billion by volume and 100 ppmv and either of the conditions specified in paragraph (b)(2)(ii)(A) or (B) of this section exists. For target compounds not listed in Section 1.1 of ASTM D6420-18 and not amenable to detection by mass spectrometry, you may not use ASTM D6420-18. (A) The target compounds are those listed in Section 1.1 of ASTM D6420-18 (incorporated by reference, see § 63.14); or (B) For target compounds not listed in Section 1.1 of ASTM D6420-18 (incorporated by reference, see § 63.14), but potentially detected by mass spectrometry, you must demonstrate recovery of the compound and the additional system continuing calibration check after each run, as detailed in ASTM D6420-18, Section 10.5.3, must be followed, met, documented, and submitted with the data report, even if there is no moisture condenser used or the compound is not considered water-soluble. (iii) You may use ASTM D6348-12e1 (incorporated by reference, see § 63.14) instead of Method 320 of appendix A to this part under the conditions specified in footnote 4 of Table 5 to this subpart. (4) If a principal component of the uncontrolled or inlet gas stream to the control device is formaldehyde, you must use Method 316 of appendix A to this part, Method 320 of appendix A to this part, or Method 323 of appendix A to this part for measuring the formaldehyde, except you must not use Method 320 or Method 323 of appendix A to this part if the gas stream contains entrained water droplets. If you use Method 320 of appendix A to this part, formaldehyde must be validated according to Section 13.0 of Method 320 of appendix A to this part. You must measure formaldehyde either at the inlet and outlet of the control device to determine control efficiency or at the outlet of a combustion device for determining compliance with the emission concentration limit. You may use ASTM D6348-12e1 (incorporated by reference, see § 63.14) instead of Method 320 of appendix A to this part under the conditions specified in footnote 4 of Table 5 to this subpart. (5) Except as specified in paragraph (b)(6) of this section, you may not conduct performance tests during periods of SSM, as specified in § 63.7(e)(1). (6) Beginning no later than the compliance dates specified in § 63.2342(e), paragraphs (b)(1) and (5) of this section no longer apply. Instead, you must conduct each performance test according to the requirements in paragraphs (b)(6)(i) and (ii) of this section. (i) In lieu of the requirements specified in § 63.7(e)(1), you must conduct performance tests under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (ii) Pursuant to paragraph (b)(6)(i) of this section, you must conduct each performance test according to the requirements in either § 63.988(b), § 63.990(b), or § 63.995(b), using the procedures specified in § 63.997(e). You must also comply with the requirements specified in § 63.2346(l). (c) To determine the HAP content of the organic liquid, you may use Method 311 of appendix A to this part, ASTM D6886-18 (incorporated by reference, see § 63.14), or other method approved by the Administrator. If you use ASTM D6886-18 to determine the HAP content, you must use either Method B or Method B in conjunction with Method C, as described in section 4.3 of ASTM D6886-18. In addition, you may use other means, such as voluntary consensus standards, safety data sheets (SDS), or certified product data sheets, to determine the HAP content of the organic liquid. If the method you select to determine the HAP content provides HAP content ranges, you must use the upper end of each HAP content range in determining the total HAP content of the organic liquid. The EPA may require you to test the HAP content of an organic liquid using Method 311 of appendix A to this part or other method approved by the Administrator. For liquids that contain any amount of formaldehyde or carbon tetrachloride, you may not use Method 311of appendix A to this part. If the results of the Method 311 of appendix A to this part (or any other approved method) are different from the HAP content determined by another means, the Method 311 of appendix A to this part (or approved method) results will govern. For liquids that contain any amount of formaldehyde or carbon tetrachloride, if the results of ASTM D6886-18 using method B or C in section 4.3 (or any other approved method) are different from the HAP content determined by another means, ASTM D6886-18 using method B or C in section 4 (or approved method) results will govern. (d) Each VOC CEMS must be installed, operated, and maintained according to the requirements of one of the following performance specifications in appendix B to part 60 of this chapter: Performance Specification 8, Performance Specification 8A, Performance Specification 9, or Performance Specification 15. You must also comply with the requirements of procedure 1 of appendix F to part 60 of this chapter, for CEMS using Performance Specification 8 or 8A. (1) For CEMS using Performance Specification 9 or 15 (40 CFR part 60, appendix B), determine the target analyte(s) for calibration using either process knowledge or the screening procedures of Method 18 (40 CFR part 60, appendix A-6). (2) For CEMS using Performance Specification 8A (40 CFR part 60, appendix B), conduct the relative accuracy test audits required under Procedure 1 (40 CFR part 60, appendix F) in accordance with Sections 8 and 11 of Performance Specification 8 (40 CFR part 60, appendix B). The relative accuracy must meet the criteria of Section 13.2 of Performance Speciation 8 (40 CFR part 60, appendix B). (3) For CEMS using Performance Specification 8 or 8A of 40 CFR part 60, appendix B, calibrate the instrument on methane and report the results as carbon (C1). Use Method 25A of 40 CFR part 60, appendix A-7 as the reference method for the relative accuracy tests. (4) If you are required to monitor oxygen in order to conduct concentration corrections, you must use Performance Specification 3 (40 CFR part 60, appendix B), to certify your oxygen CEMS, and you must comply with procedure 1 (40 CFR part 60, appendix F). Use Method 3A (40 CFR part 60, appendix A-2), as the reference method when conducting a relative accuracy test audit. [69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40763, July 7, 2020] § 63.2358 By what date must I conduct performance tests and other initial compliance demonstrations? (a) You must conduct initial performance tests and design evaluations according to the schedule in § 63.7(a)(2), or by the compliance date specified in any applicable State or Federal new source review construction permit to which the affected source is already subject, whichever is earlier. (b)(1) For storage tanks and transfer racks at existing affected sources complying with the emission limitations listed in Table 2 to this subpart, you must demonstrate initial compliance with the emission limitations within 180 days after February 5, 2007, except as provided in paragraphs (b)(1)(i) and (b)(1)(ii) of this section. (i) For storage tanks with an existing internal or external floating roof, complying with item 1.a.ii. in Table 2 to this subpart and item 1.a. in Table 4 to this subpart, you must conduct your initial compliance demonstration the next time the storage tank is emptied and degassed, but not later than February 3, 2014. (ii) For storage tanks complying with item 1.a.ii. or 6.a.ii in Table 2 of this subpart and item 1.b., 1.c., or 2. in Table 4 of this subpart, you must comply within 180 days after April 25, 2011. (2) For storage tanks and transfer racks at reconstructed or new affected sources complying with the emission limitations listed in Table 2 to this subpart, you must conduct your initial compliance demonstration with the emission limitations within 180 days after the initial startup date for the affected source or February 3, 2004, whichever is later. (3) For storage tanks at existing affected sources that commenced construction or reconstruction on or before October 21, 2019, you must demonstrate initial compliance with the emission limitations listed in Table 2b to this subpart within 180 days of either the initial startup or July 7, 2023, whichever is later, except as provided in paragraphs (b)(3)(i) and (ii) of this section. (i) For storage tanks with an existing internal or external floating roof, complying with item 1.a.ii. in Table 2b to this subpart and item 1.a. in Table 4 to this subpart, you must conduct your initial compliance demonstration the next time the storage tank is emptied and degassed, but not later than July 7, 2030. (ii) For storage tanks complying with item 1.a.ii. in Table 2b to this subpart and item 1.b. or 1.c. in Table 4 to this subpart, you must comply within 180 days after July 7, 2023. (c)(1) For storage tanks at existing affected sources complying with the work practice standard in Table 4 to this subpart, you must conduct your initial compliance demonstration as specified in paragraphs (c)(1)(i) and (c)(1)(ii) of this section. (i) For storage tanks with an existing internal or external floating roof, complying with item 1.a. in Table 4 of this subpart, you must conduct your initial compliance demonstration the next time the storage tank is emptied and degassed, but not later than February 3, 2014. (ii) For other storage tanks not specified in paragraph (c)(1)(i) of this section, you must comply within 180 days after April 25, 2011. (2) For transfer racks and equipment leak components at existing affected sources complying with the work practice standards in Table 4 to this subpart, you must conduct your initial compliance demonstration within 180 days after February 5, 2007. (d) For storage tanks, transfer racks, and equipment leak components at reconstructed or new affected sources complying with the work practice standards in Table 4 to this subpart, you must conduct your initial compliance demonstration within 180 days after the initial startup date for the affected source. [69 FR 5063, Feb. 3, 2004, as amended at 73 FR 40981, July 17, 2008; 85 FR 40765, July 7, 2020] § 63.2362 When must I conduct subsequent performance tests? (a) For nonflare control devices, you must conduct subsequent performance testing required in Table 5 to this subpart, item 1, at any time the EPA requests you to in accordance with section 114 of the CAA. (b)(1) For each transport vehicle that you own that is equipped with vapor collection equipment and that is loaded with organic liquids at a transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, you must perform the vapor tightness testing required in Table 5 to this subpart, item 2, on that transport vehicle at least once per year. (2) For transport vehicles that you own that do not have vapor collection equipment, you must maintain current certification in accordance with the U.S. DOT qualification and maintenance requirements in 49 CFR part 180, subparts E (cargo tanks) and F (tank cars). [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 FR 40765, July 7, 2020] § 63.2366 What are my monitoring installation, operation, and maintenance requirements? (a) You must install, operate, and maintain a continuous monitoring system (CMS) on each control device required in order to comply with this subpart. If you use a continuous parameter monitoring system (CPMS) (as defined in § 63.981), you must comply with § 63.2346(l) and the applicable requirements for CPMS in subpart SS of this part and § 63.671, for the control device being used. If you use a CEMS, you must install, operate, and maintain the CEMS according to the requirements in § 63.8 and paragraph (d) of this section, except as specified in paragraph (c) of this section. (b) For nonflare control devices controlling storage tanks and low throughput transfer racks, you must submit a monitoring plan according to the requirements in subpart SS of this part, for monitoring plans. You must also comply with the requirements specified in § 63.2346(l). (c) Beginning no later than the compliance dates specified in § 63.2342(e), you must keep the written procedures required by § 63.8(d)(2) on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., (1) Description of CEMS installation location. (2) Description of the monitoring equipment, including the manufacturer and model number for all monitoring equipment components and the span of the analyzer. (3) Routine quality control and assurance procedures. (4) Conditions that would trigger a CEMS performance evaluation, which must include, at a minimum, a newly installed CEMS; a process change that is expected to affect the performance of the CEMS; and the Administrator's request for a performance evaluation under section 114 of the Clean Air Act. (5) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1) and (3), (c)(4)(ii), and (c)(7) and (8); (6) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c) and (e)(1). (d) For each CEMS, you must locate the sampling probe or other interface at a measurement location such that you obtain representative measurements of emissions from the regulated source and comply with the applicable requirements specified in § 63.2354(d). [85 FR 40765, July 7, 2020] § 63.2370 How do I demonstrate initial compliance with the emission limitations, operating limits, and work practice standards? (a) You must demonstrate initial compliance with each emission limitation and work practice standard that applies to you as specified in Tables 6 and 7 to this subpart. (b) You demonstrate initial compliance with the operating limits requirements specified in § 63.2346(e) by establishing the operating limits during the initial performance test or design evaluation. (c) You must submit the results of the initial compliance determination in the Notification of Compliance Status according to the requirements in § 63.2382(d). If the initial compliance determination includes a performance test and the results are submitted electronically via the Compliance and Emissions Data Reporting Interface (CEDRI) in accordance with § 63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Notification of Compliance Status in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the Notification of Compliance Status is submitted. [69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40765, July 7, 2020] Continuous Compliance Requirements § 63.2374 When do I monitor and collect data to demonstrate continuous compliance and how do I use the collected data? (a) You must monitor and collect data according to subpart SS of this part, and paragraphs (b) and (c) of this section. You must also comply with the requirements specified in § 63.2346(l). (b) When using a control device to comply with this subpart, you must monitor continuously or collect data at all required intervals at all times that the emission source and control device are in OLD operation, except for CMS malfunctions (including any malfunction preventing the CMS from operating properly), associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments). (c) Do not use data recorded during CMS malfunctions, associated repairs, required quality assurance or control activities, or periods when emissions from organic liquids are not routed to the control device in data averages and calculations used to report emission or operating levels. Do not use such data in fulfilling a minimum data availability requirement, if applicable. You must use all of the data collected during all other periods, including periods of SSM, in assessing the operation of the control device. [69 FR 5063, Feb. 3, 2004, as amended at 85 FR 40765, July 7, 2020] § 63.2378 How do I demonstrate continuous compliance with the emission limitations, operating limits, and work practice standards? (a) You must demonstrate continuous compliance with each emission limitation, operating limit, and work practice standard in Tables 2 through 4 to this subpart that applies to you according to the methods specified in subpart SS of this part, and in Tables 8 through 10 to this subpart, as applicable. You must also comply with the requirements specified in § 63.2346(l). (b) Except as specified in paragraph (e) of this section, you must follow the requirements in § 63.6(e)(1) and (3) during periods of startup, shutdown, malfunction, or nonoperation of the affected source or any part thereof. In addition, the provisions of paragraphs (b)(1) through (3) of this section apply. (1) The emission limitations in this subpart apply at all times except during periods of nonoperation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies. The emission limitations of this subpart apply during periods of SSM, except as provided in paragraphs (b)(2) and (3) of this section. However, if a SSM, or period of nonoperation of one portion of the affected source does not affect the ability of a particular emission source to comply with the emission limitations to which it is subject, then that emission source is still required to comply with the applicable emission limitations of this subpart during the startup, shutdown, malfunction, or period of nonoperation. (2) The owner or operator must not shut down control devices or monitoring systems that are required or utilized for achieving compliance with this subpart during periods of SSM while emissions are being routed to such items of equipment if the shutdown would contravene requirements of this subpart applicable to such items of equipment. This paragraph (b)(2) does not apply if the item of equipment is malfunctioning. This paragraph (b)(2) also does not apply if the owner or operator shuts down the compliance equipment (other than monitoring systems) to avoid damage due to a contemporaneous SSM of the affected source or portion thereof. If the owner or operator has reason to believe that monitoring equipment would be damaged due to a contemporaneous SSM of the affected source of portion thereof, the owner or operator must provide documentation supporting such a claim in the next Compliance report required in Table 11 to this subpart, item 1. Once approved by the Administrator, the provision for ceasing to collect, during a SSM, monitoring data that would otherwise be required by the provisions of this subpart must be incorporated into the SSM plan. (3) During SSM, you must implement, to the extent reasonably available, measures to prevent or minimize excess emissions. For purposes of this paragraph (b)(3), the term “excess emissions” means emissions greater than those allowed by the emission limits that apply during normal operational periods. The measures to be taken must be identified in the SSM plan, and may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention, monitoring, and/or changes in the manner of operation of the affected source. Back-up control devices are not required, but may be used if available. (c) Except as specified in paragraph (e) of this section, periods of planned routine maintenance of a control device used to control storage tanks or transfer racks, during which the control device does not meet the emission limits in Table 2 to this subpart, must not exceed 240 hours per year. (d) Except as specified in paragraph (e) of this section, if you elect to route emissions from storage tanks or transfer racks to a fuel gas system or to a process, as allowed by § 63.982(d), to comply with the emission limits in Table 2 to this subpart, the total aggregate amount of time during which the emissions bypass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except SSM or product changeovers of flexible operation units and periods when a storage tank has been emptied and degassed), must not exceed 240 hours. (e) Beginning no later than the compliance dates specified in § 63.2342(e), paragraphs (b) through (d) of this section no longer apply. Instead, you must be in compliance with each emission limitation, operating limit, and work practice standard specified in paragraph (a) of this section at all times, except during periods of nonoperation of the affected source (or specific portion thereof) resulting in cessation of the emissions to which this subpart applies and must comply with the requirements specified in paragraphs (e)(1) through (4) of this section, as applicable. Equipment subject to the work practice standards for equipment leak components in Table 4 to this subpart, item 4 are not subject to this paragraph (e). (1) Except as specified in paragraphs (e)(3) and (4) of this section, the use of a bypass line at any time on a closed vent system to divert a vent stream to the atmosphere or to a control device not meeting the requirements specified in paragraph (a) of this section is an emissions standards deviation. (2) If you are subject to the bypass monitoring requirements of § 63.983(a)(3), then you must continue to comply with the requirements in § 63.983(a)(3) and the recordkeeping and reporting requirements in §§ 63.998(d)(1)(ii) and 63.999(c)(2), in addition to § 63.2346(l), the recordkeeping requirements specified in § 63.2390(g), and the reporting requirements specified in § 63.2386(c)(12). (3) Periods of planned routine maintenance of a control device used to control storage tank breathing loss emissions, during which the control device does not meet the emission limits in Table 2 or 2b to this subpart, must not exceed 240 hours per year. The level of material in the storage tank shall not be increased during periods that the closed-vent system or control device is bypassed to perform planned routine maintenance. (4) If you elect to route emissions from storage tanks to a fuel gas system or to a process, as allowed by § 63.982(d), to comply with the emission limits in Table 2 or 2b to this subpart, the total aggregate amount of time during which the breathing loss emissions bypass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except product changeovers of flexible operation units and periods when a storage tank has been emptied and degassed), must not exceed 240 hours. The level of material in the storage tank shall not be increased during periods that the fuel gas system or process is bypassed. (f) The CEMS data must be reduced to daily averages computed using valid data consistent with the data availability requirements specified in § 63.999(c)(6)(i)(B) through (D), except monitoring data also are sufficient to constitute a valid hour of data if measured values are available for at least two of the 15-minute periods during an hour when calibration, quality assurance, or maintenance activities are being performed. In computing daily averages to determine compliance with this subpart, you must exclude monitoring data recorded during CEMS breakdowns, out of control periods, repairs, maintenance periods, calibration checks, or other quality assurance activities. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 20463, Apr. 20, 2006; 85 FR 40766, July 7, 2020; 89 FR 23866, Apr. 4, 2024] § 63.2380 What are my requirements for certain flares? (a) Beginning no later than the compliance dates specified in § 63.2342(e), if you reduce organic HAP emissions by venting emissions through a closed vent system to a steam-assisted, air-assisted, or non-assisted flare to control emissions from a storage tank, low throughput transfer rack, or high throughput transfer rack that is subject to control based on the criteria specified in Tables 2 or 2b to this subpart, then the flare requirements specified in § 63.11(b); subpart SS of this part; the provisions specified in items 7.a through 7.d of Table 3 to this subpart; Table 8 to this subpart; and the provisions specified in items 1.a.iii and 2.a.iii, and items 7.a through 7.d.2 of Table 9 to this subpart no longer apply. Instead, you must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671, including the provisions in Tables 12 and 13 to subpart CC of this part, except as specified in paragraphs (b) through (m) of this section. For purposes of compliance with this paragraph, the following terms are defined in § 63.641: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam. (b) The following phrases in § 63.670(c) do not apply: (1) “Specify the smokeless design capacity of each flare and”; and (2) “And the flare vent gas flow rate is less than the smokeless design capacity of the flare.” (c) The phrase “and the flare vent gas flow rate is less than the smokeless design capacity of the flare” in § 63.670(d) does not apply. (d) Section 63.670(j)(6)(ii) does not apply. Instead submit the information required by § 63.670(j)(6)(ii) with the Notification of Compliance Status according to § 63.2382(d)(2)(ix). (e) Section 63.670(o) does not apply. (f) Substitute “pilot flame or flare flame” or each occurrence of “pilot flame.” (g) Substitute “affected source” for each occurrence of “petroleum refinery.” (h) Each occurrence of “refinery” does not apply. (i) You may elect to comply with the alternative means of emissions limitation requirements specified in § 63.670(r)in lieu of the requirements in § 63.670(d) through (f), as applicable. However, instead of complying with § 63.670(r)(3)(iii), you must also submit the alternative means of emissions limitation request to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (E143-01), Attention: Organic Liquids Distribution Sector Lead, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711. Electronic copies in lieu of hard copies may also be submitted to oldrtr@epa.gov. (j) If you choose to determine compositional analysis for net heating value with a continuous process mass spectrometer, then you must comply with the requirements specified in paragraphs (j)(1) through (7) of this section. (1) You must meet the requirements in § 63.671(e)(2). You may augment the minimum list of calibration gas components found in § 63.671(e)(2) with compounds found during a pre-survey or known to be in the gas through process knowledge. (2) Calibration gas cylinders must be certified to an accuracy of 2 percent and traceable to National Institute of Standards and Technology (NIST) standards. (3) For unknown gas components that have similar analytical mass fragments to calibration compounds, you may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, you may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's NHVvg. (4) You may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane. (5) You must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds. (6) You must meet applicable requirements in Performance Specification (PS) 9 (40 CFR part 60, appendix B) for continuous monitoring system acceptance including, but not limited to, performing an initial multi-point calibration check at three concentrations following the procedure in Section 10.1 of PS 9 and performing the periodic calibration requirements listed for gas chromatographs in Table 13 to subpart CC of this part, for the process mass spectrometer. You may use the alternative sampling line temperature allowed under Net Heating Value by Gas Chromatograph in Table 13 to subpart CC of this part. (7) The average instrument calibration error (CE) for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using the following equation: Where: Cm = Average instrument response (ppm) Ca = Certified cylinder gas value (ppm) (k) If you use a gas chromatograph or mass spectrometer for compositional analysis for net heating value, then you may choose to use the CE of NHV measured versus the cylinder tag value NHV as the measure of agreement for daily calibration and quarterly audits in lieu of determining the compound-specific CE. The CE for NHV at any calibration level must not differ by more than 10 percent from the certified cylinder gas value. The CE for must be calculated using the following equation: Where: NHVmeasured = Average instrument response (Btu/scf) NHVa = Certified cylinder gas value (Btu/scf) (l) Instead of complying with § 63.670(p), you must keep the flare monitoring records specified in § 63.2390(h). (m) Instead of complying with § 63.670(q), you must comply with the reporting requirements specified in § 63.2382(d)(2)(ix) and § 63.2386(d)(5). [85 FR 40766, July 7, 2020] Notifications, Reports, and Records § 63.2382 What notifications must I submit and when and what information should be submitted? (a) You must submit each notification in subpart SS of this part, Table 12 to this subpart, and paragraphs (b) through (d) of this section that applies to you. You must submit these notifications according to the schedule in Table 12 to this subpart and as specified in paragraphs (b) through (d) of this section. You must also comply with the requirements specified in § 63.2346(l). (b) Initial Notification. (2) If you startup your new or reconstructed affected source on or after February 3, 2004, you must submit the Initial Notification no later than 120 days after initial startup, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (c) If you are required to conduct a performance test, you must submit the Notification of Intent to conduct the test at least 60 calendar days before it is initially scheduled to begin as required in § 63.7(b)(1). (d)(1) Notification of Compliance Status. (2) Notification of Compliance Status requirements. (i) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify organic HAP emissions from the affected source. (ii) The results of emissions profiles, performance tests, engineering analyses, design evaluations, flare compliance assessments, inspections and repairs, and calculations used to demonstrate initial compliance according to Tables 6 and 7 to this subpart. For performance tests, results must include descriptions of sampling and analysis procedures and quality assurance procedures. If performance test results are submitted electronically via CEDRI in accordance with § 63.2386(g), the unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the Notification of Compliance Status in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the Notification of Compliance Status is submitted. (iii) Descriptions of monitoring devices, monitoring frequencies, and the operating limits established during the initial compliance demonstrations, including data and calculations to support the levels you establish. (iv) Descriptions of worst-case operating and/or testing conditions for the control device(s). (v) Identification of emission sources subject to overlapping requirements described in § 63.2396 and the authority under which you will comply. (vi) The applicable information specified in § 63.1039(a)(1) through (3) for all pumps and valves subject to the work practice standards for equipment leak components in Table 4 to this subpart, item 4. (vii) If you are complying with the vapor balancing work practice standard for transfer racks according to Table 4 to this subpart, item 3.a, include a statement to that effect and a statement that the pressure vent settings on the affected storage tanks are greater than or equal to 2.5 psig. (viii) The information specified in § 63.2386(c)(10)(i), unless the information has already been submitted with the first Compliance report. If the information specified in § 63.2386(c)(10)(i) has already been submitted with the first Compliance report, the information specified in § 63.2386(d)(3) and (4), as applicable, shall be submitted instead. (ix) For flares subject to the requirements of § 63.2380, you must also submit the information in this paragraph in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for flare monitoring. In lieu of the information required in § 63.987(b), the Notification of Compliance Status must include flare design ( e.g., (3) Submitting Notification of Compliance Status. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 FR 40767, July 7, 2020; 85 FR 73903, Nov. 19, 2020; 89 FR 23867, Apr. 4, 2024] § 63.2386 What reports must I submit and when and what information is to be submitted in each? (a) You must submit each report in subpart SS of this part, Table 11 to this subpart, Table 12 to this subpart, and in paragraphs (c) through (j) of this section that applies to you. You must also comply with the requirements specified in § 63.2346(l). (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report according to Table 11 to this subpart and by the dates shown in paragraphs (b)(1) through (3) of this section, by the dates shown in subpart SS of this part, and by the dates shown in Table 12 to this subpart, whichever are applicable. (1)(i) The first Compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.2342 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your affected source in § 63.2342. (ii) The first Compliance report must be postmarked no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.2342. (2)(i) Each subsequent Compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (ii) Each subsequent Compliance report must be postmarked no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (3) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent Compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) and (2) of this section. (c) First Compliance report. (1) Company name and address. (2) Statement by a responsible official, including the official's name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces this requirement. (3) Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI. (4) Any changes to the information listed in § 63.2382(d)(2) that have occurred since the submittal of the Notification of Compliance Status. (5) Except as specified in paragraph (c)(11) of this section, if you had a SSM during the reporting period and you took actions consistent with your SSM plan, the Compliance report must include the information described in § 63.10(d)(5)(i). (6) If there are no deviations from any emission limitation or operating limit that applies to you and there are no deviations from the requirements for work practice standards, a statement that there were no deviations from the emission limitations, operating limits, or work practice standards during the reporting period. (7) If there were no periods during which the CMS was out of control as specified in § 63.8(c)(7), a statement that there were no periods during which the CMS was out of control during the reporting period. (8) For closed vent systems and control devices used to control emissions, the information specified in paragraphs (c)(8)(i) and (ii) of this section for those planned routine maintenance activities that would require the control device to not meet the applicable emission limit. (i) A description of the planned routine maintenance that is anticipated to be performed for the control device during the next 6 months. This description must include the type of maintenance necessary, planned frequency of maintenance, and lengths of maintenance periods. (ii) A description of the planned routine maintenance that was performed for the control device during the previous 6 months. This description must include the type of maintenance performed and the total number of hours during those 6 months that the control device did not meet the applicable emission limit due to planned routine maintenance. (9) A listing of all transport vehicles into which organic liquids were loaded at transfer racks that are subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, during the previous 6 months for which vapor tightness documentation as required in § 63.2390(c) was not on file at the facility. (10)(i) A listing of all transfer racks (except those racks at which only unloading of organic liquids occurs) and of tanks greater than or equal to 18.9 cubic meters (5,000 gallons) that are part of the affected source but are not subject to any of the emission limitations, operating limits, or work practice standards of this subpart. (ii) If the information specified in paragraph (c)(10)(i) of this section has already been submitted with the Notification of Compliance Status, the information specified in paragraphs (d)(3) and (4) of this section, as applicable, shall be submitted instead. (11) Beginning no later than the compliance dates specified in § 63.2342(e), paragraph (c)(5) of this section no longer applies. (12) Beginning no later than the compliance dates specified in § 63.2342(e), for bypass lines subject to the requirements § 63.2378(e)(1) and (2), the compliance report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet (scf), the concentration of organic HAP in the gas in ppmv and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (d) Subsequent Compliance reports. (1) For each deviation from an emission limitation occurring at an affected source where you are using a CMS to comply with an emission limitation in this subpart, or for each CMS that was inoperative or out of control during the reporting period, you must include in the Compliance report the applicable information in paragraphs (d)(1)(i) through (xv) of this section. This includes periods of SSM. (i) The date and time that each malfunction started and stopped, and the nature and cause of the malfunction (if known). (ii) The start date, start time, and duration in hours for each period that each CMS was inoperative, except for zero (low-level) and high-level checks. (iii) The start date, start time, and duration in hours for each period that the CMS that was out of control. (iv) Except as specified in paragraph (d)(1)(xiii) of this section, the date and time that each deviation started and stopped, and whether each deviation occurred during a period of SSM, or during another period. (v) The total duration in hours of all deviations for each CMS during the reporting period, and the total duration as a percentage of the total emission source operating time during that reporting period. (vi) Except as specified in paragraph (d)(1)(xiii) of this section, a breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (vii) The total duration in hours of CMS downtime for each CMS during the reporting period, and the total duration of CMS downtime as a percentage of the total emission source operating time during that reporting period. (viii) An identification of each organic HAP that was potentially emitted during each deviation based on the known organic HAP contained in the liquid(s). (ix) A brief description of the emission source(s) at which the CMS deviation(s) occurred or at which the CMS was inoperative or out of control. (x) The equipment manufacturer(s) and model number(s) of the CMS and the pollutant or parameter monitored. (xi) The date of the latest certification or audit for each CMS. (xii) A brief description of any changes in CMS, processes, or controls since the last reporting period. (xiii) Beginning no later than the compliance dates specified in § 63.2342(e), paragraphs (d)(1)(iv) and (vi) of this section no longer apply. For each instance, report the start date, start time, and duration in hours of each failure. For each failure, the report must include a list of the affected sources or equipment, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and the cause of the deviation (including unknown cause, if applicable), as applicable, and the corrective action taken. (xiv) Corrective actions taken for a CMS that was inoperative or out of control. (xv) Total process operating time during the reporting period. (2) Include in the Compliance report the information in paragraphs (d)(2)(i) through (iii) of this section, as applicable. (i) Except as specified in paragraph (d)(2)(iv) of this section, for each storage tank and transfer rack subject to control requirements, include periods of planned routine maintenance during which the control device did not comply with the applicable emission limits in Table 2 to this subpart. (ii) For each storage tank controlled with a floating roof, include a copy of the inspection record (required in § 63.1065(b)) when inspection failures occur. (iii) If you elect to use an extension for a floating roof inspection in accordance with § 63.1063(c)(2)(iv)(B) or (e)(2), include the documentation required by those paragraphs. (iv) Beginning no later than the compliance dates specified in § 63.2342(e), paragraph (d)(2)(i) of this section no longer applies. Instead for each storage tank subject to control requirements, include the start date, start time, end date and end time of any planned routine maintenance during which the control device used to control storage tank breathing losses did not comply with the applicable emission limits in Table 2 or 2b to this subpart. (3)(i) Except as specified in paragraph (d)(3)(iii) of this section, a listing of any storage tank that became subject to controls based on the criteria for control specified in Table 2 to this subpart, items 1 through 6, since the filing of the last Compliance report. (ii) A listing of any transfer rack that became subject to controls based on the criteria for control specified in Table 2 to this subpart, items 7 through 10, since the filing of the last Compliance report. (iii) Beginning no later than the compliance dates specified in § 63.2342(e), the emission limits specified in Table 2 to this subpart for storage tanks at an existing affected source no longer apply as specified in § 63.2346(a)(5). Instead, beginning no later than the compliance dates specified in § 63.2342(e), you must include a listing of any storage tanks at an existing affected source that became subject to controls based on the criteria for control specified in Table 2b to this subpart, items 1 through 3, since the filing of the last Compliance report. (4)(i) A listing of tanks greater than or equal to 18.9 cubic meters (5,000 gallons) that became part of the affected source but are not subject to any of the emission limitations, operating limits, or work practice standards of this subpart, since the last Compliance report. (ii) A listing of all transfer racks (except those racks at which only the unloading of organic liquids occurs) that became part of the affected source but are not subject to any of the emission limitations, operating limits, or work practice standards of this subpart, since the last Compliance report. (5) Beginning no later than the compliance dates specified in § 63.2342(e), for each flare subject to the requirements in § 63.2380, the compliance report must include the items specified in paragraphs (d)(5)(i) through (iii) of this section in lieu of the information required in § 63.999(c)(3). (i) Records as specified in § 63.2390(h)(1) for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame or flare flame is present. Include the start and stop time and date of each 15-minute block. (ii) Visible emission records as specified in § 63.2390(h)(2)(iv) for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. (iii) The periods specified in § 63.2390(h)(6). Indicate the date and start and end time for the period, and the net heating value operating parameter(s) determined following the methods in § 63.670(k) through (n) as applicable. (e) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source submits a Compliance report pursuant to Table 11 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the Compliance report includes all required information concerning deviations from any emission limitation in this subpart, we will consider submission of the Compliance report as satisfying any obligation to report the same deviations in the semiannual monitoring report. However, submission of a Compliance report will not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the applicable title V permitting authority. (f) Beginning no later than the compliance dates specified in § 63.2342(e), you must submit all Compliance reports to the EPA following the procedure specified in § 63.9(k), except any medium submitted through U.S. mail must be sent to the attention of the Organic Liquids Distribution Sector Lead. You must use the appropriate electronic report template on the CEDRI website ( https://www.epa.gov/electronic-reporting-air-emissions/cedri (g) Beginning no later than the compliance dates specified in § 63.2342(e), you must start submitting performance test reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in § 63.9(k). Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (h) Beginning no later than the compliance dates specified in § 63.2342(e), you must start submitting performance evaluation reports in accordance with this paragraph. Unless otherwise specified in this subpart, within 60 days after the date of completing each CEMS performance evaluation (as defined in § 63.2) that includes a relative accuracy test audit (RATA), you must submit the results of the performance evaluation following the procedures specified in § 63.9(k). The results of performance evaluations of CEMS measuring RATA pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website. The results of performance evaluations of CEMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation must be included as an attachment in the ERT or alternate electronic file. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 85 FR 40768, July 7, 2020; 89 FR 23867, Apr. 4, 2024] § 63.2390 What records must I keep? (a) For each emission source identified in § 63.2338 that does not require control under this subpart, you must keep all records identified in § 63.2343. (b) For each emission source identified in § 63.2338 that does require control under this subpart: (1) Except as specified in paragraph (h) of this section for flares, you must keep all records identified in subpart SS of this part and in Table 12 to this subpart that are applicable, including records related to notifications and reports, SSM, performance tests, CMS, and performance evaluation plans. You must also comply with the requirements specified in § 63.2346(l). (2) Except as specified in paragraph (h) of this section for flares, you must keep the records required to show continuous compliance, as required in subpart SS of this part and in Tables 8 through 10 to this subpart, with each emission limitation, operating limit, and work practice standard that applies to you. You must also comply with the requirements specified in § 63.2346(l). (3) In addition to the information required in § 63.998(c), the manufacturer's specifications or your written procedures must include a schedule for calibrations, preventative maintenance procedures, a schedule for preventative maintenance, and corrective actions to be taken if a calibration fails. (c) For each transport vehicle into which organic liquids are loaded at a transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, you must keep the applicable records in paragraphs (c)(1) and (2) of this section or alternatively the verification records in paragraph (c)(3) of this section. (1) For transport vehicles equipped with vapor collection equipment, the documentation described in 40 CFR 60.505(b), except that the test title is: Transport Vehicle Pressure Test-EPA Reference Method 27. (2) For transport vehicles without vapor collection equipment, current certification in accordance with the U.S. DOT qualification and maintenance requirements in 49 CFR part 180, subpart E for cargo tanks and subpart F for tank cars. (3) In lieu of keeping the records specified in paragraph (c)(1) or (2) of this section, as applicable, the owner or operator shall record that the verification of U.S. DOT tank certification or Method 27 of 40 CFR part 60, appendix A-8 testing, required in Table 5 to this subpart, item 2, has been performed. Various methods for the record of verification can be used, such as: A check-off on a log sheet, a list of U.S. DOT serial numbers or Method 27 data, or a position description for gate security showing that the security guard will not allow any trucks on site that do not have the appropriate documentation. (d) You must keep records of the total actual annual facility-level organic liquid loading volume as defined in § 63.2406 through transfer racks to document the applicability, or lack thereof, of the emission limitations in Table 2 to this subpart, items 7 through 10. (e) An owner or operator who elects to comply with § 63.2346(a)(4) shall keep the records specified in paragraphs (e)(1) through (3) of this section. (1) A record of the U.S. DOT certification required by § 63.2346(a)(4)(ii). (2) A record of the pressure relief vent setting specified in § 63.2346(a)(4)(v). (3) If complying with § 63.2346(a)(4)(vi)(B), keep the records specified in paragraphs (e)(3)(i) and (ii) of this section. (i) A record of the equipment to be used and the procedures to be followed when reloading the cargo tank or tank car and displacing vapors to the storage tank from which the liquid originates. (ii) A record of each time the vapor balancing system is used to comply with § 63.2346(a)(4)(vi)(B). (f) Beginning no later than the compliance dates specified in § 63.2342(e), for each deviation from an emission limitation, operating limit, and work practice standard specified in paragraph (a) of this section, you must keep a record of the information specified in paragraph (f)(1) through (3) of this section. (1) In the event that an affected unit fails to meet an applicable standard, record the number of failures. For each failure record the date, time and duration of each failure. (2) For each failure to meet an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.2350(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (g) Beginning no later than the compliance dates specified in § 63.2342(e), for each flow event from a bypass line subject to the requirements in § 63.2378(e)(1) and (2), you must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements specified in § 63.2378(a), you must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (h) Beginning no later than the compliance dates specified in § 63.2342(e), for each flare subject to the requirements in § 63.2380, you must keep records specified in paragraphs (h)(1) through (10) of this section in lieu of the information required in § 63.998(a)(1). (1) Retain records of the output of the monitoring device used to detect the presence of a pilot flame or flare flame as required in § 63.670(b) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame or flare flame is present when regulated material is routed to a flare for a minimum of 5 years. You may reduce the collected minute-by-minute data to a 15-minute block basis with an indication of whether there was at least one minute where no pilot flame or flare flame was present. (2) Retain records of daily visible emissions observations or video surveillance images required in § 63.670(h) as specified in paragraphs (h)(2)(i) through (iv) of this section, as applicable, for a minimum of 3 years. (i) To determine when visible emissions observations are required, the record must identify all periods when regulated material is vented to the flare. (ii) If visible emissions observations are performed using Method 22 of 40 CFR part 60, appendix A-7, then the record must identify whether the visible emissions observation was performed, the results of each observation, total duration of observed visible emissions, and whether it was a 5-minute or 2-hour observation. Record the date and start and end time of each visible emissions observation. (iii) If a video surveillance camera is used, then the record must include all video surveillance images recorded, with time and date stamps. (iv) For each 2-hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, then the record must include the date and start and end time of the 2-hour period and an estimate of the cumulative number of minutes in the 2-hour period for which emissions were visible. (3) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i), along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, then retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, then retain records of the 15-minute block average temperature, pressure, and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. (4) The flare vent gas compositions specified to be monitored under § 63.670(j). Retain records of individual component concentrations from each compositional analysis for a minimum of 2 years. If an NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. (5) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n), as applicable. (6) All periods during which operating values are outside of the applicable operating limits specified in § 63.670(d) through (f) when regulated material is being routed to the flare. (7) All periods during which you do not perform flare monitoring according to the procedures in § 63.670(g). (8) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow. (9) The monitoring plan required in § 63.671(b). (10) Records described in § 63.10(b)(2)(vi). [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42910, July 28, 2006; 73 FR 40982, July 17, 2008; 85 FR 40771, July 7, 2020] § 63.2394 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious inspection and review according to § 63.10(b)(1), including records stored in electronic form at a separate location. (b) As specified in § 63.10(b)(1), you must keep your files of all information (including all reports and notifications) for at least 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006] Other Requirements and Information § 63.2396 What compliance options do I have if part of my plant is subject to both this subpart and another subpart? (a) Compliance with other regulations for storage tanks. (2) After the compliance dates specified in § 63.2342, you are in compliance with the provisions of this subpart for any storage tank with a fixed roof that is assigned to the OLD affected source and that is both controlled with a closed vent system and control device and is in compliance with either 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, except that you must comply with the monitoring, recordkeeping, and reporting requirements in this subpart. (3) Except as specified in paragraph (a)(4) of this section, as an alternative to paragraphs (a)(1) and (2) of this section, if a storage tank assigned to the OLD affected source is subject to control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to comply only with the requirements of this subpart for storage tanks meeting the applicability criteria for control in Table 2 to this subpart. (4) Beginning no later than the compliance dates specified in § 63.2342(e), the applicability criteria for control specified in Table 2 to this subpart for storage tanks at an existing affected source no longer apply as specified in § 63.2346(a)(5). Instead, beginning no later than the compliance dates specified in § 63.2342(e), as an alternative to paragraphs (a)(1) and (2) of this section, if a storage tank assigned to an existing OLD affected source is subject to control under 40 CFR part 60, subpart Kb, or 40 CFR part 61, subpart Y, you may elect to comply only with the requirements of this subpart for storage tanks at an existing affected source meeting the applicability criteria for control in Table 2b to this subpart. (b) Compliance with other regulations for transfer racks. (c) Compliance with other regulations for equipment leak components. (2) After the compliance dates specified in § 63.2342, if you have pumps, valves, or sampling connections subject to subpart GGG of this part, and those pumps, valves, and sampling connections are in OLD operation and in organic liquids service, as defined in this subpart, you may elect to comply with the provisions of this subpart for all such equipment leak components. You must identify in the Notification of Compliance Status required by § 63.2382(b) the provisions with which you will comply. (d) Overlap of subpart EEEE with other regulations for flares for the OLD source category. (2) Beginning no later than the compliance dates specified in § 63.2342(e), flares that are subject to § 63.987 and used as a control device for an emission point subject to the requirements in Tables 2 or 2b to this subpart are required to comply only with § 63.2380. At any time before the compliance dates specified in § 63.2342(e), flares that are subject to §§ 63.987 and elect to comply with § 63.2380 are required to comply only with § 63.2380. (3) Beginning no later than the compliance dates specified in § 63.2342(e), flares that are subject to the requirements of subpart CC of this part and used as a control device for an emission point subject to the requirements in Tables 2 or 2b to this subpart are required to comply only with the flare requirements in subpart CC of this part. (e) Overlap with other regulations for monitoring, recordkeeping, and reporting Control devices. (2) Equipment leak components. After the compliance dates specified in § 63.2342, if you are applying the applicable recordkeeping and reporting requirements of another subpart of this part to the valves, pumps, and sampling connection systems associated with a transfer rack subject to this subpart that only unloads organic liquids directly to or via pipeline to a non-tank process unit component or to a storage tank subject to the other subpart of this part, the owner or operator must be in compliance with the recordkeeping and reporting requirements of this subpart EEEE. If complying with the recordkeeping and reporting requirements of the other subpart satisfies the recordkeeping and reporting requirements of this subpart, the owner or operator may elect to continue to comply with the recordkeeping and reporting requirements of the other subpart. In such instances, the owner or operator will be deemed to be in compliance with the recordkeeping and reporting requirements of this subpart. The owner or operator must identify the other subpart being complied with in the Notification of Compliance Status required by § 63.2382(d). [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 FR 40772, July 7, 2020] § 63.2398 What parts of the General Provisions apply to me? Table 12 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. § 63.2402 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (U.S. EPA) or a delegated authority such as your State, local, or eligible tribal agency. If the EPA Administrator has delegated authority to your State, local, or eligible tribal agency, then that agency, as well as the EPA, has the authority to implement and enforce this subpart. You should contact your EPA Regional Office (see list in § 63.13) to find out if this subpart is delegated to your State, local, or eligible tribal agency. (b) In delegating implementation and enforcement authority for this subpart to a State, local, or eligible tribal agency under subpart E of this part, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the EPA Administrator and are not delegated to the State, local, or eligible tribal agency. (1) Approval of alternatives to the nonopacity emission limitations, operating limits, and work practice standards in § 63.2346(a) through (c) under § 63.6(g). (2) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 FR 40773, July 7, 2020] § 63.2406 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in § 63.2, 40 CFR part 63, subparts H, PP, SS, TT, UU, and WW, and in this section. If the same term is defined in another subpart and in this section, it will have the meaning given in this section for purposes of this subpart. Notwithstanding the introductory language in § 63.921, the terms “container” and “safety device” shall have the meaning found in this subpart and not in § 63.921. Actual annual average temperature, (1) For heated or cooled storage tanks, use the calculated annual average temperature of the stored organic liquid as determined from a design analysis of the storage tank. (2) For ambient temperature storage tanks: (i) Use the annual average of the local (nearest) normal daily mean temperatures reported by the National Climatic Data Center; or (ii) Use any other method that the EPA approves. Annual average true vapor pressure (1) Using standard reference texts; or (2) [Reserved] (3) Using any other method that the EPA approves. Bottoms receiver Cargo tank Closed vent system Combustion device Condensate Container Control device Crude oil Custody transfer Design evaluation Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart, and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Before July 7, 2023, fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during SSM. On and after July 7, 2023, this paragraph no longer applies. Emission limitation Equipment leak component Gasoline High throughput transfer rack In organic liquids service Low throughput transfer rack On-site on site Organic liquid (1) Any non-crude oil liquid, non-condensate liquid, or liquid mixture that contains 5 percent by weight or greater of the organic HAP listed in Table 1 to this subpart, as determined using the procedures specified in § 63.2354(c). (2) Any crude oils or condensates downstream of the first point of custody transfer. (3) Organic liquids for purposes of this subpart do not include the following liquids: (i) Gasoline (including aviation gasoline), kerosene (No. 1 distillate oil), diesel (No. 2 distillate oil), asphalt, and heavier distillate oils and fuel oils; (ii) Any fuel consumed or dispensed on the plant site directly to users (such as fuels for fleet refueling or for refueling marine vessels that support the operation of the plant); (iii) Hazardous waste; (iv) Wastewater; (v) Ballast water; or (vi) Any non-crude oil or non-condensate liquid with an annual average true vapor pressure less than 0.7 kilopascals (0.1 psia). Organic liquids distribution (OLD) operation Permitting authority (1) The State Air Pollution Control Agency, local agency, or other agency authorized by the EPA Administrator to carry out a permit program under 40 CFR part 70; or (2) The EPA Administrator, in the case of EPA-implemented permit programs under title V of the CAA (42 U.S.C. 7661) and 40 CFR part 71. Plant site Pressure relief device Relief valve Research and development facility de minimis Responsible official Safety device Shutdown Startup Storage tank (1) Units permanently attached to conveyances such as trucks, trailers, rail cars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Bottoms receivers; (4) Surge control vessels; (5) Vessels storing wastewater; or (6) Reactor vessels associated with a manufacturing process unit. Surge control vessel Tank car Total actual annual facility-level organic liquid loading volume (1) For existing affected sources, each 3-year rolling average is based on actual facility-level loading volume during each calendar year (January 1 through December 31) in the 3-year period. For calendar year 2004 only (the first year of the initial 3-year rolling average), if an owner or operator of an affected source does not have actual loading volume data for the time period from January 1, 2004, through February 2, 2004 (the time period prior to the effective date of the OLD NESHAP), the owner or operator shall compute a facility-level loading volume for this time period as follows: At the end of the 2004 calendar year, the owner or operator shall calculate a daily average facility-level loading volume (based on the actual loading volume for February 3, 2004, through December 31, 2004) and use that daily average to estimate the facility-level loading volume for the period of time from January 1, 2004, through February 2, 2004. The owner or operator shall then sum the estimated facility-level loading volume from January 1, 2004, through February 2, 2004, and the actual facility-level loading volume from February 3, 2004, through December 31, 2004, to calculate the annual facility-level loading volume for calendar year 2004. (2)(i) For new affected sources, the 3-year rolling average is calculated as an average of three 12-month periods. An owner or operator must select as the beginning calculation date with which to start the calculations as either the initial startup date of the new affected source or the first day of the calendar month following the month in which startup occurs. Once selected, the date with which the calculations begin cannot be changed. (ii) The initial 3-year rolling average is based on the projected maximum facility-level annual loading volume for each of the 3 years following the selected beginning calculation date. The second 3-year rolling average is based on actual facility-level loading volume for the first year of operation plus a new projected maximum facility-level annual loading volume for second and third years following the selected beginning calculation date. The third 3-year rolling average is based on actual facility-level loading volume for the first 2 years of operation plus a new projected maximum annual facility-level loading volume for the third year following the beginning calculation date. Subsequent 3-year rolling averages are based on actual facility-level loading volume for each year in the 3-year rolling average. Transfer rack Transport vehicle Vapor balancing system (1) A piping system that collects organic HAP vapors displaced from transport vehicles or containers during loading and routes the collected vapors to the storage tank from which the liquid being loaded originated or to another storage tank connected to a common header. For containers, the piping system must route the displaced vapors directly to the appropriate storage tank or to another storage tank connected to a common header in order to qualify as a vapor balancing system; or (2) A piping system that collects organic HAP vapors displaced from the loading of a storage tank and routes the collected vapors to the transport vehicle from which the storage tank is filled. Vapor collection system (1) Containing and conveying vapors displaced during the loading of transport vehicles to a control device; (2) Containing and directly conveying vapors displaced during the loading of containers; or (3) Vapor balancing. This does not include any of the vapor collection equipment that is installed on the transport vehicle. Vapor-tight transport vehicle Work practice standard [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42911, July 28, 2006; 85 FR 40773, July 7, 2020; 85 FR 44217, July 22, 2020; 89 FR 23867, Apr. 4, 2024] Table 1 to Subpart EEEE of Part 63—Organic Hazardous Air Pollutants You must use the organic HAP information listed in the following table to determine which of the liquids handled at your facility meet the HAP content criteria in the definition of Organic Liquid in § 63.2406. Compound name CAS No. 1 2,4-D salts and esters 94-75-7 Acetaldehyde 75-07-0 Acetonitrile 75-05-8 Acetophenone 98-86-2 Acrolein 107-02-8 Acrylamide 79-06-1 Acrylic acid 79-10-7 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 Aniline 62-53-3 Benzene 71-43-2 Biphenyl 92-52-4 Butadiene (1,3-) 106-99-0 Carbon tetrachloride 56-23-5 Chloroacetic acid 79-11-8 Chlorobenzene 108-90-7 2-Chloro-1,3-butadiene (Chloroprene) 126-99-8 Chloroform 67-66-3 m-Cresol 108-39-4 o-Cresol 95-48-7 p-Cresol 106-44-5 Cresols/cresylic acid 1319-77-3 Cumene 98-82-8 Dibenzofurans 132-64-9 Dibutylphthalate 84-74-2 Dichloroethane (1,2-) (Ethylene dichloride) (EDC) 107-06-2 Dichloropropene (1,3-) 542-75-6 Diethanolamine 111-42-2 Diethyl aniline (N,N-) 121-69-7 Diethylene glycol monobutyl ether 112-34-5 Diethylene glycol monomethyl ether 111-77-3 Diethyl sulfate 64-67-5 Dimethyl formamide 68-12-2 Dimethylhydrazine (1,1-) 57-14-7 Dioxane (1,4-) (1,4-Diethyleneoxide) 123-91-1 Epichlorohydrin (1-Chloro-2,3-epoxypropane) 106-89-8 Epoxybutane (1,2-) 106-88-7 Ethyl acrylate 140-88-5 Ethylbenzene 100-41-4 Ethyl chloride (Chloroethane) 75-00-3 Ethylene dibromide (Dibromomethane) 106-93-4 Ethylene glycol 107-21-1 Ethylene glycol dimethyl ether 110-71-4 Ethylene glycol monomethyl ether 109-86-4 Ethylene glycol monomethyl ether acetate 110-49-6 Ethylene glycol monophenyl ether 122-99-6 Ethylene oxide 75-21-8 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Hexachloroethane 67-72-1 Hexane 110-54-3 Hydroquinone 123-31-9 Isophorone 78-59-1 Maleic anhydride 108-31-6 Methanol 67-56-1 Methyl chloride (Chloromethane) 74-87-3 Methylene chloride (Dichloromethane) 75-09-2 Methylenedianiline (4,4′-) 101-77-9 Methylene diphenyl diisocyanate 101-68-8 Methyl hydrazine 60-34-4 Methyl isobutyl ketone (Hexone) (MIBK) 108-10-1 Methyl methacrylate 80-62-6 Methyl tert-butyl ether (MTBE) 1634-04-4 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Phenol 108-9-52 Phthalic anhydride 85-44-9 Polycyclic organic matter 50-32-8 Propionaldehyde 123-38-6 Propylene dichloride (1,2-Dichloropropane) 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Styrene 100-42-5 Styrene oxide 96-09-3 Tetrachloroethane (1,1,2,2-) 79-34-5 Tetrachloroethylene (Perchloroethylene) 127-18-4 Toluene 108-88-3 Toluene diisocyanate (2,4-) 584-84-9 o-Toluidine 95-53-4 Trichlorobenzene (1,2,4-) 120-82-1 Trichloroethane (1,1,1-) (Methyl chloroform) 71-55-6 Trichloroethane (1,1,2-) (Vinyl trichloride) 79-00-5 Trichloroethylene 79-01-6 Triethylamine 121-44-8 Trimethylpentane (2,2,4-) 540-84-1 Vinyl acetate 108-05-4 Vinyl chloride (Chloroethylene) 75-01-4 Vinylidene chloride (1,1-Dichloroethylene) 75-35-4 Xylene (m-) 108-38-3 Xylene (o-) 95-47-6 Xylene (p-) 106-42-3 Xylenes (isomers and mixtures) 1330-20-7 1 [69 FR 5063, Feb. 3, 2004, as amended at 71 FR 42913, July 28, 2006] Table 2 to Subpart EEEE of Part 63—Emission Limits If you own or operate . . . And if . . . Then you must . . . 1 1. A storage tank at an existing affected source with a capacity ≥18.9 cubic meters (5,000 gallons) and <189.3 cubic meters (50,000 gallons) 2 a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥27.6 kilopascals (4.0 psia) and <76.6 kilopascals (11.1 psia) i. Reduce emissions of total organic HAP (or, upon approval, TOC) by at least 95 weight-percent or, as an option, to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3-percent oxygen for combustion devices using supplemental combustion air, by venting emissions through a closed vent system to any combination of control devices meeting the applicable requirements of subpart SS of this part and § 63.2346(l); OR ii. Comply with the work practice standards specified in Table 4 to this subpart, items 1.a, 1.b, or 1.c for tanks storing liquids described in that table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or 1.a.ii of this table. 2. A storage tank at an existing affected source with a capacity ≥189.3 cubic meters (50,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is <76.6 kilopascals (11.1 psia) i. See the requirement in item 1.a.i or 1.a.ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or 1.a.ii of this table. 3. A storage tank at a reconstructed or new affected source with a capacity ≥18.9 cubic meters (5,000 gallons) and <37.9 cubic meters (10,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥27.6 kilopascals (4.0 psia) and <76.6 kilopascals (11.1 psia) i. See the requirement in item 1.a.i or 1.a.ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or 1.a.ii of this table. 4. A storage tank at a reconstructed or new affected source with a capacity ≥37.9 cubic meters (10,000 gallons) and <189.3 cubic meters (50,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥0.7 kilopascals (0.1 psia) and <76.6 kilopascals (11.1 psia) i. See the requirement in item 1.a.i or 1.a.ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or 1.a.ii of this table. 5. A storage tank at a reconstructed or new affected source with a capacity ≥189.3 cubic meters (50,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is <76.6 kilopascals (11.1 psia) i. See the requirement in item 1.a.i or 1.a.ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or 1.a.ii of this table. 6. A storage tank at an existing, reconstructed, or new affected source meeting the capacity criteria specified in Table 2 to this subpart, items 1 through 5 a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥76.6 kilopascals (11.1 psia) i. Reduce emissions of total organic HAP (or, upon approval, TOC) by at least 95 weight-percent or, as an option, to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3-percent oxygen for combustion devices using supplemental combustion air, by venting emissions through a closed vent system to any combination of control devices meeting the applicable requirements of subpart SS of this part and § 63.2346(l); OR ii. Comply with the work practice standards specified in Table 4 to this subpart, item 2.a or 2.b, for tanks storing the liquids described in that table. 7. A transfer rack at an existing facility where the total actual annual facility-level organic liquid loading volume through transfer racks is equal to or greater than 800,000 gallons and less than 10 million gallons a. The total Table 1 organic HAP content of the organic liquid being loaded through one or more of the transfer rack's arms is at least 98 percent by weight and is being loaded into a transport vehicle i. For all such loading arms at the rack, reduce emissions of total organic HAP (or, upon approval, TOC) from the loading of organic liquids either by venting the emissions that occur during loading through a closed vent system to any combination of control devices meeting the applicable requirements of subpart SS of this part and § 63.2346(l), achieving at least 98 weight-percent HAP reduction, OR, as an option, to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3-percent oxygen for combustion devices using supplemental combustion air; OR ii. During the loading of organic liquids, comply with the work practice standards specified in item 3 of Table 4 to this subpart. 8. A transfer rack at an existing facility where the total actual annual facility-level organic liquid loading volume through transfer racks is ≥10 million gallons a. One or more of the transfer rack's arms is loading an organic liquid into a transport vehicle i. See the requirements in items 7.a.i and 7.a.ii of this table. 9. A transfer rack at a new facility where the total actual annual facility-level organic liquid loading volume through transfer racks is less than 800,000 gallons a. The total Table 1 organic HAP content of the organic liquid being loaded through one or more of the transfer rack's arms is at least 25 percent by weight and is being loaded into a transport vehicle i. See the requirements in items 7.a.i and 7.a.ii of this table. b. One or more of the transfer rack's arms is filling a container with a capacity equal to or greater than 55 gallons i. For all such loading arms at the rack during the loading of organic liquids, comply with the provisions of §§ 63.924 through 63.927; OR 10. A transfer rack at a new facility where the total actual annual facility-level organic liquid loading volume through transfer racks is equal to or greater than 800,000 gallons a. One or more of the transfer rack's arms is loading an organic liquid into a transport vehicle i. See the requirements in items 7.a.i and 7.a.ii of this table. b. One or more of the transfer rack's arms is filling a container with a capacity equal to or greater than 55 gallons i. For all such loading arms at the rack during the loading of organic liquids, comply with the provisions of §§ 63.924 through 63.927; OR ii. During the loading of organic liquids, comply with the work practice standards specified in item 3.a of Table 4 to this subpart. 1 2 [85 FR 40774, July 7, 2020] Table 2 b As stated in § 63.2346(a)(5), beginning no later than the compliance dates specified in § 63.2342(e), the requirements in this Table 2b to this subpart apply to storage tanks at an existing affected source in lieu of the requirements in Table 2 to this subpart, item 1 for storage tanks at an existing affected source. If you own or operate . . . And if . . . Then you must . . . 1. A storage tank at an existing affected source with a capacity ≥18.9 cubic meters (5,000 gallons) and <75.7 cubic meters (20,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥27.6 kilopascals (4.0 psia) i. Reduce emissions of total organic HAP (or, upon approval, TOC) by at least 95 weight-percent or, as an option, to an exhaust concentration less than or equal to 20 ppmv, on a dry basis corrected to 3- percent oxygen for combustion devices using supplemental combustion air, by venting emissions through a closed vent system to a flare meeting the requirements of §§ 63.983 and 63.2380, or by venting emissions through a closed vent system to any combination of nonflare control devices meeting the applicable requirements of subpart SS of this part and § 63.2346(l); OR. ii. Comply with the work practice standards specified in Table 4 to this subpart, items 1.a, 1.b, or 1.c for tanks storing liquids described in that table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or ii of this table. 2. A storage tank at an existing affected source with a capacity ≥75.7 cubic meters (20,000 gallons) and <151.4 cubic meters (40,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥13.1 kilopascals (1.9 psia) i. See the requirement in item 1.a.i or ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or ii of this table. 3. A storage tank at an existing affected source with a capacity ≥151.4 cubic meters (40,000 gallons) and <189.3 cubic meters (50,000 gallons) a. The stored organic liquid is not crude oil or condensate and if the annual average true vapor pressure of the total Table 1 organic HAP in the stored organic liquid is ≥5.2 kilopascals (0.75 psia) i. See the requirement in item 1.a.i or ii of this table. b. The stored organic liquid is crude oil or condensate i. See the requirement in item 1.a.i or ii of this table. [85 FR 40775, July 7, 2020] Table 3 to Subpart EEEE of Part 63—Operating Limits—High Throughput Transfer Racks As stated in § 63.2346(e), you must comply with the operating limits for existing, reconstructed, or new affected sources as follows: For each existing, each reconstructed, and each new affected source using . . . You must . . . 1. A thermal oxidizer to comply with an emission limit in Table 2 to this subpart Maintain the daily average fire box or combustion zone temperature greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit. 2. A catalytic oxidizer to comply with an emission limit in Table 2 to this subpart a. Replace the existing catalyst bed before the age of the bed exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND b. Maintain the daily average temperature at the inlet of the catalyst bed greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND c. Maintain the daily average temperature difference across the catalyst bed greater than or equal to the minimum temperature difference established during the design evaluation or performance test that demonstrated compliance with the emission limit. 3. An absorber to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the absorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR b. Maintain the daily average scrubbing liquid temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Maintain the difference between the specific gravities of the saturated and fresh scrubbing fluids greater than or equal to the difference established during the design evaluation or performance test that demonstrated compliance with the emission limit. 4. A condenser to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds at the condenser exit less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR b. Maintain the daily average condenser exit temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit. 5. An adsorption system with adsorbent regeneration to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the adsorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR b. Maintain the total regeneration stream mass flow during the adsorption bed regeneration cycle greater than or equal to the reference stream mass flow established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Before the adsorption cycle commences, achieve and maintain the temperature of the adsorption bed after regeneration less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Achieve a pressure reduction during each adsorption bed regeneration cycle greater than or equal to the pressure reduction established during the design evaluation or performance test that demonstrated compliance with the emission limit. 6. An adsorption system without adsorbent regeneration to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the adsorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR b. Replace the existing adsorbent in each segment of the bed with an adsorbent that meets the replacement specifications established during the design evaluation or performance test before the age of the adsorbent exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND Maintain the temperature of the adsorption bed less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit. 7. A flare to comply with an emission limit in Table 2 to this subpart a. Except as specified in item 7.d of this table, comply with the equipment and operating requirements in § 63.987(a); AND c. Except as specified in item 7.d of this table, install and operate monitoring equipment as specified in § 63.987(c). d. Beginning no later than the compliance dates specified in § 63.2342(e), comply with the requirements in § 63.2380 instead of the requirements in § 63.987 and the provisions regarding flare compliance assessments at § 63.997(a), (b), and (c). 8. Another type of control device to comply with an emission limit in Table 2 to this subpart Submit a monitoring plan as specified in §§ 63.995(c) and 63.2366(b), and monitor the control device in accordance with that plan. [85 FR 40776, July 7, 2020] Table 4 to Subpart EEEE of Part 63—Work Practice Standards As stated in § 63.2346, you may elect to comply with one of the work practice standards for existing, reconstructed, or new affected sources in the following table. If you elect to do so, . . . For each . . . You must . . . 1. Storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 1 through 5 or Table 2b to this subpart, items 1 through 3 a. Comply with the requirements of 40 CFR part 63, subpart WW (control level 2), if you elect to meet 40 CFR part 63, subpart WW (control level 2) requirements as an alternative to the emission limit in Table 2 to this subpart, items 1 through 5 or the emission limit in Table 2b to this subpart, items 1 through 3; OR. b. Comply with the requirements in §§ 63.2346(l) and 63.984 for routing emissions to a fuel gas system or back to a process; OR. c. Comply with the requirements of § 63.2346(a)(4) for vapor balancing emissions to the transport vehicle from which the storage tank is filled. 2. Storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and organic HAP vapor pressure criteria specified in Table 2 to this subpart, item 6 a. Comply with the requirements in §§ 63.2346(l) and 63.984 for routing emissions to a fuel gas system or back to a process; OR 3. Transfer rack subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source a. If the option of a vapor balancing system is selected, install and, during the loading of organic liquids, operate a system that meets the requirements in Table 7 to this subpart, item 3.b.i and item 3.b.ii, as applicable; OR b. Comply with the requirements in §§ 63.2346(l) and 63.984 during the loading of organic liquids, for routing emissions to a fuel gas system or back to a process. 4. Pump, valve, and sampling connection that operates in organic liquids service at least 300 hours per year at an existing, reconstructed, or new affected source Comply with § 63.2346(l) and the requirements for pumps, valves, and sampling connections in 40 CFR part 63, subpart TT (control level 1), subpart UU (control level 2), or subpart H. 5. Transport vehicles equipped with vapor collection equipment that are loaded at transfer racks that are subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10 Follow the steps in 40 CFR 60.502(e) to ensure that organic liquids are loaded only into vapor-tight transport vehicles, and comply with the provisions in 40 CFR 60.502(f), (g), (h), and (i), except substitute the term transport vehicle at each occurrence of tank truck or gasoline tank truck in those paragraphs. 6. Transport vehicles equipped without vapor collection equipment that are loaded at transfer racks that are subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10 Ensure that organic liquids are loaded only into transport vehicles that have a current certification in accordance with the U.S. DOT qualification and maintenance requirements in 49 CFR part 180, subpart E for cargo tanks and subpart F for tank cars. [85 FR 40777, July 7, 2020] Table 5 to Subpart EEEE of Part 63—Requirements for Performance Tests and Design Evaluations As stated in §§ 63.2354(a) and 63.2362, you must comply with the requirements for performance tests and design evaluations for existing, reconstructed, or new affected sources as follows: For . . . You must conduct . . . According to . . . Using . . . To determine . . . According to the 1. Each existing, each reconstructed, and each new affected source using a nonflare control device to comply with an emission limit in Table 2 to this subpart, items 1 through 10, and each existing affected source using a nonflare control device to comply with an emission limit in Table 2b to this subpart, items 1 through 3 a. A performance test to determine the organic HAP (or, upon a pproval, TOC) control efficiency of each nonflare control device, OR the exhaust concentration of each combustion device; OR i. § 63.985(b)(1)(ii), § 63.988(b), § 63.990(b), or § 63.995(b) (1) Method 1 or 1A in appendix A-1 of 40 CFR part 60, as appropriate (A) Sampling port locations and the required number of traverse points (i) Sampling sites must be located at the inlet and outlet of each control device if complying with the control efficiency requirement or at the outlet of the control device if complying with the exhaust concentration requirement; AND (2) Method 2, 2A, 2C, 2D, or 2F in appendix A-1 of 40 CFR part 60, or Method 2G in appendix A-2 of 40 CFR part 60, as appropriate (A) Stack gas velocity and volumetric flow rate See the requirements in items 1.a.i.(1)(A)(i) and (ii) of this table. (3) Method 3A or 3B in appendix A-2 of 40 CFR part 60, as appropriate 1 (A) Concentration of CO 2 2 See the requirements in items 1.a.i.(1)(A)(i) and (ii) of this table. (4) Method 4 in appendix A-3 of 40 CFR part 60 (A) Moisture content of the stack gas See the requirements in items 1.a.i.(1)(A)(i) and (ii) of this table. (5) Method 25 or 25A in appendix A-7 of 40 CFR part 60, as appropriate. Method 316, Method 320 4 2 4 (A) TOC and formaldehyde emissions, from any control device (i) The organic HAP used for the calibration gas for Method 25A in appendix A-7 of 40 CFR part 60 must be the single organic HAP representing the largest percent by volume of emissions; AND (6) Method 18 3 2 4 2 4 (A) Total organic HAP and formaldehyde emissions, from non-combustion control devices (i) During the performance test, you must establish the operating parameter limits within which total organic HAP emissions are reduced by the required weight-percent. b. A design evaluation (for nonflare control devices) to determine the organic HAP (or, upon approval, TOC) control efficiency of each nonflare control device, or the exhaust concentration of each combustion control device § 63.985(b)(1)(i) During a design evaluation, you must establish the operating parameter limits within which total organic HAP, (or, upon approval, TOC) emissions are reduced by at least 95 weight-percent for storage tanks or 98 weight-percent for transfer racks, or, as an option for nonflare combustion devices, to 20-ppmv exhaust concentration. 2. Each transport vehicle that you own that is equipped with vapor collection equipment and is loaded with organic liquids at a transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source A performance test to determine the vapor tightness of the tank and then repair as needed until it passes the test Method 27 of appendix A of 40 CFR part 60 Vapor tightness The pressure change in the tank must be no more than 250 pascals (1 inch of water) in 5 minutes after it is pressurized to 4,500 pascals (18 inches of water). 1 2 3 4 i.e., [85 FR 40778, July 7, 2020] Table 6 to Subpart EEEE of Part 63—Initial Compliance with Emission Limits As stated in §§ 63.2370(a) and 63.2382(b), you must show initial compliance with the emission limits for existing, reconstructed, or new affected sources as follows: For each . . . For the following emission limit . . . You have demonstrated initial compliance 1. Storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 1 through 6, or Table 2b to this subpart, items 1 through 3 Reduce total organic HAP (or, upon approval, TOC) emissions by at least 95 weight-percent, or as an option for nonflare combustion devices to an exhaust concentration of ≤20 ppmv Total organic HAP (or, upon approval, TOC) emissions, based on the results of the performance testing or design evaluation specified in Table 5 to this subpart, item 1.a or 1.b, respectively, are reduced by at least 95 weight-percent or as an option for nonflare combustion devices to an exhaust concentration ≤20 ppmv. 2. Transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source Reduce total organic HAP (or, upon approval, TOC) emissions from the loading of organic liquids by at least 98 weight-percent, or as an option for nonflare combustion devices to an exhaust concentration of ≤20 ppmv Total organic HAP (or, upon approval, TOC) emissions from the loading of organic liquids, based on the results of the performance testing or design evaluation specified in Table 5 to this subpart, item 1.a or 1.b, respectively, are reduced by at least 98 weight-percent or as an option for nonflare combustion devices to an exhaust concentration of ≤20 ppmv. [85 FR 40780, July 7, 2020] Table 7 to Subpart EEEE of Part 63—Initial Compliance with Work Practice Standards For each . . . If you . . . You have demonstrated initial compliance 1. Storage tank at an existing affected source meeting either set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 1 or 2, or Table 2b to this subpart, items 1 through 3 a. Install a floating roof or equivalent control that meets the requirements in Table 4 to this subpart, item 1.a i. After emptying and degassing, you visually inspect each internal floating roof before the refilling of the storage tank and perform seal gap inspections of the primary and secondary rim seals of each external floating roof within 90 days after the refilling of the storage tank. b. Route emissions to a fuel gas system or back to a process i. You meet the requirements in § 63.984(b) and submit the statement of connection required by § 63.984(c). c. Install and, during the filling of the storage tank with organic liquids, operate a vapor balancing system i. You meet the requirements in § 63.2346(a)(4). 2. Storage tank at a reconstructed or new affected source meeting any set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 3 through 5 a. Install a floating roof or equivalent control that meets the requirements in Table 4 to this subpart, item 1.a i. You visually inspect each internal floating roof before the initial filling of the storage tank and perform seal gap inspections of the primary and secondary rim seals of each external floating roof within 90 days after the initial filling of the storage tank. b. Route emissions to a fuel gas system or back to a process i. See item 1.b.i of this table. c. Install and, during the filling of the storage tank with organic liquids, operate a vapor balancing system i. See item 1.c.i of this table. 3. Transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source a. Load organic liquids only into transport vehicles having current vapor tightness certification as described in Table 4 to this subpart, item 5 and item 6 i. You comply with the provisions specified in Table 4 to this subpart, item 5 or item 6, as applicable. b. Install and, during the loading of organic liquids, operate a vapor balancing system i. You design and operate the vapor balancing system to route organic HAP vapors displaced from loading of organic liquids into transport vehicles to the storage tank from which the liquid being loaded originated or to another storage tank connected to a common header. e.g., c. Route emissions to a fuel gas system or back to a process i. See item 1.b.i of this table. 4. Equipment leak component, as defined in § 63.2406, that operates in organic liquids service ≥300 hours per year at an existing, reconstructed, or new affected source a. Carry out a leak detection and repair program or equivalent control according to one of the subparts listed in Table 4 to this subpart, item 4 i. You specify which one of the control programs listed in Table 4 to this subpart you have selected, OR [85 FR 40780, July 7, 2020] Table 8 to Subpart EEEE of Part 63—Continuous Compliance with Emission Limits As stated in §§ 63.2378(a) and (b) and 63.2390(b), you must show continuous compliance with the emission limits for existing, reconstructed, or new affected sources according to the following table: For each . . . For the following emission limit . . . You must demonstrate continuous compliance by . . . 1. Storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and liquid organic HAP vapor pressure criteria specified in Table 2 to this subpart, items 1 through 6 or Table 2b to this subpart, items 1 through 3 a. Reduce total organic HAP (or, upon approval, TOC) emissions from the closed vent system and control device by 95 weight-percent or greater, or as an option to 20 ppmv or less of total organic HAP (or, upon approval, TOC) in the exhaust of combustion devices i. Performing CMS monitoring and collecting data according to §§ 63.2366, 63.2374, and 63.2378, except as specified in item 1.a.iii of this table; AND 2. Transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source a. Reduce total organic HAP (or, upon approval, TOC) emissions during the loading of organic liquids from the closed vent system and control device by 98 weight-percent or greater, or as an option to 20 ppmv or less of total organic HAP (or, upon approval, TOC) in the exhaust of combustion devices i. Performing CMS monitoring and collecting data according to §§ 63.2366, 63.2374, and 63.2378 during the loading of organic liquids, except as specified in item 2.a.iii of this table; AND [85 FR 40781, July 7, 2020] Table 9 to Subpart EEEE of Part 63—Continuous Compliance with Operating Limits—High Throughput Transfer Racks As stated in §§ 63.2378(a) and (b) and 63.2390(b), you must show continuous compliance with the operating limits for existing, reconstructed, or new affected sources according to the following table: For each existing, reconstructed, and each new affected source using . . . For the following operating limit . . . You must demonstrate continuous compliance by . . . 1. A thermal oxidizer to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average fire box or combustion zone, as applicable, temperature greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit i. Continuously monitoring and recording fire box or combustion zone, as applicable, temperature every 15 minutes and maintaining the daily average fire box temperature greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 2. A catalytic oxidizer to comply with an emission limit in Table 2 to this subpart a. Replace the existing catalyst bed before the age of the bed exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND i. Replacing the existing catalyst bed before the age of the bed exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 b. Maintain the daily average temperature at the inlet of the catalyst bed greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND i. Continuously monitoring and recording the temperature at the inlet of the catalyst bed at least every 15 minutes and maintaining the daily average temperature at the inlet of the catalyst bed greater than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 c. Maintain the daily average temperature difference across the catalyst bed greater than or equal to the minimum temperature difference established during the design evaluation or performance test that demonstrated compliance with the emission limit i. Continuously monitoring and recording the temperature at the outlet of the catalyst bed every 15 minutes and maintaining the daily average temperature difference across the catalyst bed greater than or equal to the minimum temperature difference established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 3. An absorber to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the absorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR i. Continuously monitoring the organic concentration in the absorber exhaust and maintaining the daily average concentration less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 b. Maintain the daily average scrubbing liquid temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND i. Continuously monitoring the scrubbing liquid temperature and maintaining the daily average temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 4. A condenser to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds at the exit of the condenser less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR i. Continuously monitoring the organic concentration at the condenser exit and maintaining the daily average concentration less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 b. Maintain the daily average condenser exit temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit i. Continuously monitoring and recording the temperature at the exit of the condenser at least every 15 minutes and maintaining the daily average temperature less than or equal to the reference temperature established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 5. An adsorption system with adsorbent regeneration to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the adsorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR i. Continuously monitoring the daily average organic concentration in the adsorber exhaust and maintaining the concentration less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 b. Maintain the total regeneration stream mass flow during the adsorption bed regeneration cycle greater than or equal to the reference stream mass flow established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND i. Maintaining the total regeneration stream mass flow during the adsorption bed regeneration cycle greater than or equal to the reference stream mass flow established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 6. An adsorption system without adsorbent regeneration to comply with an emission limit in Table 2 to this subpart a. Maintain the daily average concentration level of organic compounds in the adsorber exhaust less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; OR i. Continuously monitoring the organic concentration in the adsorber exhaust and maintaining the concentration less than or equal to the reference concentration established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 b. Replace the existing adsorbent in each segment of the bed before the age of the adsorbent exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND i. Replacing the existing adsorbent in each segment of the bed with an adsorbent that meets the replacement specifications established during the design evaluation or performance test before the age of the adsorbent exceeds the maximum allowable age established during the design evaluation or performance test that demonstrated compliance with the emission limit; AND 1 7. A flare to comply with an emission limit in Table 2 to this subpart a. Except as specified in item 7.e of this table, maintain a pilot flame or flare flame in the flare at all times that vapors may be vented to the flare (§ 63.11(b)(5)); AND i. Continuously operating a device that detects the presence of the pilot flame or flare flame; AND 1 b. Except as specified in item 7.e of this table, maintain a flare flame at all times that vapors are being vented to the flare (§ 63.11(b)(5)); AND i. Maintaining a flare flame at all times that vapors are being vented to the flare; AND 1 c. Except as specified in item 7.e of this table, operate the flare with no visible emissions, except for up to 5 minutes in any 2 consecutive hours (§ 63.11(b)(4)); AND EITHER i. Operating the flare with no visible emissions exceeding the amount allowed; AND 1 d.1. Except as specified in item 7.e of this table, operate the flare with an exit velocity that is within the applicable limits in § 63.11(b)(7) and (8) and with a net heating value of the gas being combusted greater than the applicable minimum value in § 63.11(b)(6)(ii); OR i. Operating the flare within the applicable exit velocity limits; AND 1 d.2. Except as specified in item 7.e of this table, adhere to the requirements in § 63.11(b)(6)(i) i. Operating the flare within the applicable limits in 63.11(b)(6)(i); AND 1 e. Beginning no later than the compliance dates specified in § 63.2342(e), comply with the requirements in § 63.2380 instead of the requirements in § 63.11(b) i. Operating the flare with the applicable limits in § 63.2380; AND 8. Another type of control device to comply with an emission limit in Table 2 to this subpart Submit a monitoring plan as specified in §§ 63.995(c) and 63.2366(b) and monitor the control device in accordance with that plan Submitting a monitoring plan and monitoring the control device according to that plan. 1 [85 FR 40782, July 7, 2020] Table 10 to Subpart EEEE of Part 63—Continuous Compliance with Work Practice Standards As stated in §§ 63.2378(a) and (b) and 63.2386(c)(6), you must show continuous compliance with the work practice standards for existing, reconstructed, or new affected sources according to the following table: For each . . . For the following standard . . . You must demonstrate continuous compliance by . . . 1. Internal floating roof (IFR) storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity, and vapor pressure criteria specified in Table 2 to this subpart, items 1 through 5, or Table 2b to this subpart, items 1 through 3 a. Install a floating roof designed and operated according to the applicable specifications in § 63.1063(a) and (b) i. Visually inspecting the floating roof deck, deck fittings, and rim seals of each IFR once per year (§ 63.1063(d)(2)); AND 2. External floating roof (EFR) storage tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and vapor pressure criteria specified in Table 2 to this subpart, items 1 through 5, or Table 2b to this subpart, items 1 through 3 a. Install a floating roof designed and operated according to the applicable specifications in § 63.1063(a) and (b) i. Visually inspecting the floating roof deck, deck fittings, and rim seals of each EFR either each time the storage tank is completely emptied and degassed or every 10 years, whichever occurs first (§ 63.1063(c)(2), (d), and (e)); AND 3. IFR or EFR tank at an existing, reconstructed, or new affected source meeting any set of tank capacity and vapor pressure criteria specified in Table 2 to this subpart, items 1 through 5, or Table 2b to this subpart, items 1 through 3 a. Repair the conditions causing storage tank inspection failures (§ 63.1063(e)) i. Repairing conditions causing inspection failures: Before refilling the storage tank with organic liquid, or within 45 days (or up to 105 days with extensions) for a tank containing organic liquid; AND 4. Transfer rack that is subject to control based on the criteria specified in Table 2 to this subpart, items 7 through 10, at an existing, reconstructed, or new affected source a. Ensure that organic liquids are loaded into transport vehicles in accordance with the requirements in Table 4 to this subpart, items 5 or 6, as applicable i. Ensuring that organic liquids are loaded into transport vehicles in accordance with the requirements in Table 4 to this subpart, items 5 or 6, as applicable. b. Install and, during the loading of organic liquids, operate a vapor balancing system i. Monitoring each potential source of vapor leakage in the system quarterly during the loading of a transport vehicle or the filling of a container using the methods and procedures described in the rule requirements selected for the work practice standard for equipment leak components as specified in Table 4 to this subpart, item 4. An instrument reading of 500 ppmv defines a leak. Repair of leaks is performed according to the repair requirements specified in your selected equipment leak standards c. Route emissions to a fuel gas system or back to a process i. Continuing to meet the requirements specified in § 63.984(b) 5. Equipment leak component, as defined in § 63.2406, that operates in organic liquids service at least 300 hours per year a. Comply with § 63.2346(l) and the requirements of 40 CFR part 63, subpart TT, UU, or H i. Carrying out a leak detection and repair program in accordance with the subpart selected from the list in item 5.a of this table 6. Storage tank at an existing, reconstructed, or new affected source meeting any of the tank capacity and vapor pressure criteria specified in Table 2 to this subpart, items 1 through 6, or Table 2b to this subpart, items 1 through 3 a. Route emissions to a fuel gas system or back to the process i. Continuing to meet the requirements specified in § 63.984(b) b. Install and, during the filling of the storage tank with organic liquids, operate a vapor balancing system i. Except for pressure relief devices, monitoring each potential source of vapor leakage in the system, including, but not limited to pumps, valves, and sampling connections, quarterly during the loading of a storage tank using the methods and procedures described in the rule requirements selected for the work practice standard for equipment leak components as specified in Table 4 to this subpart, item 4. An instrument reading of 500 ppmv defines a leak. Repair of leaks is performed according to the repair requirements specified in your selected equipment leak standards. For pressure relief devices, comply with § 63.2346(a)(4)(v). If no loading of a storage tank occurs during a quarter, then monitoring of the vapor balancing system is not required [85 FR 40784, July 7, 2020] Table 11 to Subpart EEEE of Part 63—Requirements for Reports As stated in § 63.2386(a), (b), and (f), you must submit compliance reports and startup, shutdown, and malfunction reports according to the following table: You must submit a(n) . . . The report must contain . . . You must submit the report . . . 1. Compliance report or Periodic Report a. The information specified in § 63.2386(c), (d), (e). If you had a SSM during the reporting period and you took actions consistent with your SSM plan, the report must also include the information in § 63.10(d)(5)(i) except as specified in item 1.e of this table; AND Semiannually, and it must be postmarked or electronically submitted by January 31 or July 31, in accordance with § 63.2386(b). b. The information required by 40 CFR part 63, subpart TT, UU, or H, as applicable, for pumps, valves, and sampling connections; AND See the submission requirement in item 1.a of this table. c. The information required by § 63.999(c); AND See the submission requirement in item 1.a of this table. d. The information specified in § 63.1066(b) including: Notification of inspection, inspection results, requests for alternate devices, and requests for extensions, as applicable See the submission requirement in item 1.a of this table. e. Beginning no later than the compliance dates specified in § 63.2342(e), the requirement to include the information in § 63.10(d)(5)(i) no longer applies. 2. Immediate SSM report if you had a SSM that resulted in an applicable emission standard in the relevant standard being exceeded, and you took an action that was not consistent with your SSM plan a. The information required in § 63.10(d)(5)(ii) i. Except as specified in item 2.a.ii of this table, by letter within 7 working days after the end of the event unless you have made alternative arrangements with the permitting authority (§ 63.10(d)(5)(ii)). [85 FR 40786, July 7, 2020] Table 12 to Subpart EEEE of Part 63—Applicability of General Provisions to Subpart EEEE As stated in §§ 63.2382 and 63.2398, you must comply with the applicable General Provisions requirements as follows: Citation Subject Brief description Applies to subpart EEEE § 63.1 Applicability Initial applicability determination; Applicability after standard established; Permit requirements; Extensions, Notifications Yes. § 63.2 Definitions Definitions for part 63 standards Yes. § 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes. § 63.4 Prohibited Activities and Circumvention Prohibited activities; Circumvention, Severability Yes. § 63.5 Construction/Reconstruction Applicability; Applications; Approvals Yes. § 63.6(a) Compliance with Standards/O&M Applicability GP apply unless compliance extension; GP apply to area sources that become major Yes. § 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed Sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f) Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Area sources that become major must comply with major source standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes. § 63.6(c)(1)-(2) Compliance Dates for Existing Sources Comply according to date in this subpart, which must be no later than 3 years after effective date; for section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes. § 63.6(c)(3)-(4) [Reserved] § 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Area sources that become major must comply with major source standards by date indicated in this subpart or by equivalent time period ( e.g., Yes. § 63.6(d) [Reserved] § 63.6(e)(1)(i) Operation and Maintenance Operate to minimize emissions at all times Yes, before July 7, 2023. § 63.6(e)(1)(ii) Operation and Maintenance Correct malfunctions as soon as practicable Yes, before July 7, 2023. § 63.6(e)(1)(iii) Operation and Maintenance Operation and maintenance requirements independently enforceable; information Administrator will use to determine if operation and maintenance requirements were met Yes. § 63.6(e)(2) [Reserved] § 63.6(e)(3) SSM Plan Requirement for SSM plan; content of SSM plan; actions during SSM Yes, before July 7, 2023; however, (1) the 2-day reporting requirement in paragraph § 63.6(e)(3)(iv) does not apply and (2) § 63.6(e)(3) does not apply to emissions sources not requiring control. § 63.6(f)(1) Compliance Except During SSM You must comply with emission standards at all times except during SSM Yes, before July 7, 2023. § 63.6(f)(2)-(3) Methods for Determining Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes. § 63.6(g)(1)-(3) Alternative Standard Procedures for getting an alternative standard Yes. § 63.6(h)(1) Opacity/Visible Emission Standards You must comply with opacity and visible emission standards at all times except during SSM Yes, before July 7, 2023. § 63.6(h)(2)-(9) Opacity/Visible Emission Standards Requirements for compliance with opacity and visible emission standards No; except as it applies to flares for which Method 22 observations are required as part of a flare compliance assessment. § 63.6(i)(1)-(14) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes. § 63.6(j) Presidential Compliance Exemption President may exempt any source from requirement to comply with this subpart Yes. § 63.7(a)(2) Performance Test Dates Dates for conducting initial performance testing; must conduct 180 days after compliance date Yes. § 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes. § 63.7(a)(4) Force Majeure—Performance Testing Delay Requirements to claim a delay in conducting a performance test due to force majeure Yes. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes. § 63.7(b)(2) Notification of Rescheduling If you have to reschedule performance test, must notify Administrator of rescheduled date as soon as practicable and without delay Yes. § 63.7(c) Quality Assurance (QA)/Test Plan Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing Yes. § 63.7(d) Testing Facilities Requirements for testing facilities Yes. § 63.7(e)(1) Conditions for Conducting Performance Tests Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM Yes, before July 7, 2023. § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to this subpart and EPA test methods unless Administrator approves alternative Yes. § 63.7(e)(3) Test Run Duration Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used Yes; however, for transfer racks per §§ 63.987(b)(3)(i)(A)-(B) and 63.997(e)(1)(v)(A)-(B) provide exceptions to the requirement for test runs to be at least 1 hour each. § 63.7(e)(4) Authority to Require Testing Administrator has authority to require testing under CAA section 114 regardless of § 63.7 (e)(1)-(3) Yes. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an intermediate or major change, or alternative to a test method Yes. § 63.7(g) Performance Test Data Analysis Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status; keep data for 5 years Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes. § 63.8(a)(2) Performance Specifications Performance Specifications in appendix B of 40 CFR part 60 apply Yes. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring of Flares Monitoring requirements for flares in § 63.11 Yes, before July 7, 2023; however, flare monitoring requirements in § 63.987(c) also apply before July 7, 2023. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes. § 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing monitoring systems; must install on each affected source or after combined with another affected source before it is released to the atmosphere provided the monitoring is sufficient to demonstrate compliance with the standard; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Maintain monitoring system in a manner consistent with good air pollution control practices Yes. § 63.8(c)(1)(i) Routine and Predictable SSM Keep parts for routine repairs readily available; reporting requirements for SSM when action is described in SSM plan Yes, before July 7, 2023. § 63.8(c)(1)(ii) CMS malfunction not in SSM plan Keep the necessary parts for routine repairs if CMS malfunctions Yes. § 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements Develop a written SSM plan for CMS Yes, before July 7, 2023. § 63.8(c)(2)-(3) Monitoring System Installation Must install to get representative emission or parameter measurements; must verify operational status before or at performance test Yes. § 63.8(c)(4) CMS Requirements CMS must be operating except during breakdown, out-of-control, repair, maintenance, and high-level calibration drifts; COMS must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period Yes; however, COMS are not applicable. § 63.8(c)(5) COMS Minimum Procedures COMS minimum procedures No. § 63.8(c)(6)-(8) CMS Requirements Zero and high level calibration check requirements. Out-of-control periods Yes, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS. § 63.8(d)(1)-(2) CMS Quality Control Requirements for CMS quality control Yes, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS. § 63.8(d)(3) CMS Quality Control Must keep quality control plan on record for 5 years; keep old versions Yes, before July 7, 2023, but only applies for CEMS. Subpart SS of this part provides requirements for CPMS. § 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes, but only applies for CEMS, except this subpart specifies how and when the performance evaluation results are reported. § 63.8(f)(1)-(5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes, but subpart SS of this part also provides procedures for approval of CPMS. § 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for CEMS Yes. § 63.8(g) Data Reduction COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1 hour averages computed over at least four equally spaced data points; data that cannot be used in average Yes; however, COMS are not applicable. § 63.9(a) Notification Requirements Applicability and State delegation Yes. § 63.9(b)(1)-(2), (4)-(5) Initial Notifications Submit notification within 120 days after effective date; notification of intent to construct/reconstruct, notification of commencement of construction/reconstruction, notification of startup; contents of each Yes. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed best available control technology or lowest achievable emission rate (BACT/LAER) Yes. § 63.9(d) Notification of Special Compliance Requirements for New Sources For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes. § 63.9(e) Notification of Performance Test Notify Administrator 60 days prior Yes. § 63.9(f) Notification of VE/Opacity Test Notify Administrator 30 days prior No. § 63.9(g) Additional Notifications When Using CMS Notification of performance evaluation; notification about use of COMS data; notification that exceeded criterion for relative accuracy alternative Yes; however, there are no opacity standards. § 63.9(h)(1)-(6) Notification of Compliance Status Contents due 60 days after end of performance test or other compliance demonstration, except for opacity/visible emissions, which are due 30 days after; when to submit to federal vs. state authority Yes; however, (1) there are no opacity standards and (2) all initial Notification of Compliance Status, including all performance test data, are to be submitted at the same time, either within 240 days after the compliance date or within 60 days after the last performance test demonstrating compliance has been completed, whichever occurs first. § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes. § 63.9(j) Change in Previous Information Must submit within 15 days after the change Yes for change to major source status, other changes are reported in the first and subsequent compliance reports. § 63.9(k) Electronic reporting procedures Procedure to report electronically for notifications and reports Yes. § 63.10(a) Recordkeeping/Reporting Applies to all, unless compliance extension; when to submit to federal vs. state authority; procedures for owners of more than one source Yes. § 63.10(b)(1) Recordkeeping/Reporting General requirements; keep all records readily available; keep for 5 years Yes. § 63.10(b)(2)(i) Records Related to Startup and Shutdown Occurrence of each for operations (process equipment) Yes, July 7, 2023. § 63.10(b)(2)(ii) Recordkeeping Relevant to Malfunction Periods and CMS Occurrence of each malfunction of air pollution equipment Yes, before July 7, 2023. § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Maintenance on air pollution control equipment Yes. § 63.10(b)(2)(iv) Recordkeeping Relevant to SSM Periods and CMS Actions during SSM Yes, before July 7, 2023. § 63.10(b)(2)(v) Recordkeeping Relevant to SSM Periods and CMS Actions during SSM No. § 63.10(b)(2)(vi)-(xi) CMS Records Malfunctions, inoperative, out-of-control periods Yes. § 63.10(b)(2)(xii) Records Records when under waiver Yes. § 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test Yes. § 63.10(b)(2)(xiv) Records All documentation supporting initial notification and notification of compliance status Yes. § 63.10(b)(3) Records Applicability determinations Yes. § 63.10(c)(1)-(14) Records Additional records for CMS Yes. § 63.10(c)(15) Records Additional records for CMS Yes, before July 7, 2023. § 63.10(d)(1) General Reporting Requirements Requirement to report Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to federal or state authority No. This subpart specifies how and when the performance test results are reported. § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations What to report and when Yes. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes. § 63.10(d)(5) SSM Reports Contents and submission Yes, before July 7, 2023. § 63.10(e)(1)-(2) Additional CMS Reports Must report results for each CEMS on a unit; written copy of CMS performance evaluation; two-three copies of COMS performance evaluation Yes, except this subpart specifies how and when the performance evaluation results are reported; however, COMS are not applicable. § 63.10(e)(3)(i)-(iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) Yes; however, note that the title of the report is the compliance report; deviations include excess emissions and parameter exceedances. § 63.10(e)(3)(iv)-(v) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions or parameter monitoring exceedance (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emissions (now defined as deviations), report contents in a statement that there have been no deviations; must submit report containing all of the information in §§ 63.8(c)(7)-(8) and 63.10(c)(5)-(13) Yes. § 63.10(e)(3)(vi)-(viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for CMS (now called deviations); requires all of the information in §§ 63.10(c)(5)-(13) and 63.8(c)(7)-(8) No. This subpart specifies the reported information for deviations within the compliance reports. § 63.10(e)(4) Reporting COMS Data Must submit COMS data with performance test data No. § 63.10(f) Waiver for Recordkeeping/Reporting Procedures for Administrator to waive Yes. § 63.11(b) Flares Requirements for flares Yes, before July 7, 2023; § 63.987 requirements apply, and the section references § 63.11(b). § 63.11(c), (d), and (e) Control and work practice requirements Alternative work practice for equipment leaks Yes. § 63.12 Delegation State authority to enforce standards Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes. § 63.14 Incorporation by Reference Test methods incorporated by reference Yes. § 63.15 Availability of Information Public and confidential information Yes. [85 FR 40786, July 7, 2020, as amended at 85 FR 73903, Nov. 19, 2020; 89 FR 23867, Apr. 4, 2024] Subpart FFFF—National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing Source: 68 FR 63888, Nov. 10, 2003, unless otherwise noted. What This Subpart Covers § 63.2430 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for miscellaneous organic chemical manufacturing. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limits, operating limits, and work practice standards. § 63.2435 Am I subject to the requirements in this subpart? (a) You are subject to the requirements in this subpart if you own or operate miscellaneous organic chemical manufacturing process units (MCPU) that are located at, or are part of, a major source of hazardous air pollutants (HAP) emissions as defined in section 112(a) of the Clean Air Act (CAA). (b) An MCPU includes equipment necessary to operate a miscellaneous organic chemical manufacturing process, as defined in § 63.2550, that satisfies all of the conditions specified in paragraphs (b)(1) through (3) of this section. An MCPU also includes any assigned storage tanks and transfer racks; equipment in open systems that is used to convey or store water having the same concentration and flow characteristics as wastewater; and components such as pumps, compressors, agitators, pressure relief devices, sampling connection systems, open-ended valves or lines, valves, connectors, and instrumentation systems that are used to manufacture any material or family of materials described in paragraphs (b)(1)(i) through (v) of this section. (1) The MCPU produces material or family of materials that is described in paragraph (b)(1)(i), (ii), (iii), (iv), or (v) of this section. (i) An organic chemical(s) classified using the 1987 version of SIC code 282, 283, 284, 285, 286, 287, 289, or 386, except as provided in paragraph (c)(5) of this section. (ii) An organic chemical(s) classified using the 1997 version of NAICS code 325, except as provided in paragraph (c)(5) of this section. (iii) Quaternary ammonium compounds and ammonium sulfate produced with caprolactam. (iv) Hydrazine. (v) Organic solvents classified in any of the SIC or NAICS codes listed in paragraph (b)(1)(i) or (ii) of this section that are recovered using nondedicated solvent recovery operations. (2) The MCPU processes, uses, or generates any of the organic HAP listed in section 112(b) of the CAA or hydrogen halide and halogen HAP, as defined in § 63.2550. (3) The MCPU is not an affected source or part of an affected source under another subpart of this part 63, except for process vents from batch operations within a chemical manufacturing process unit (CMPU), as identified in § 63.100(j)(4). For this situation, the MCPU is the same as the CMPU as defined in § 63.100, and you are subject only to the requirements for batch process vents in this subpart. (c) The requirements in this subpart do not apply to the operations specified in paragraphs (c)(1) through (7) of this section. (1) Research and development facilities, as defined in section 112(c)(7) of the CAA. (2) The manufacture of ammonium sulfate as a by-product, if the slurry entering the by-product manufacturing process contains 50 parts per million by weight (ppmw) HAP or less or 10 ppmw benzene or less. You must retain information, data, and analysis to document the HAP concentration in the entering slurry in order to claim this exemption. (3) The affiliated operations located at an affected source under subparts GG (National Emission Standards for Aerospace Manufacturing and Rework Facilities), KK (National Emission Standards for the Printing and Publishing Industry), JJJJ (NESHAP: Paper and Other Web Coating), MMMM (NESHAP: Surface Coating of Miscellaneous Metal Parts and Products), and SSSS (NESHAP: Surface Coating of Metal Coil) of this part. Affiliated operations include, but are not limited to, mixing or dissolving of coating ingredients; coating mixing for viscosity adjustment, color tint or additive blending, or pH adjustment; cleaning of coating lines and coating line parts; handling and storage of coatings and solvent; and conveyance and treatment of wastewater. (4) Fabricating operations (such as spinning or compressing a solid polymer into its end use); compounding operations (in which blending, melting, and resolidification of a solid polymer product occur for the purpose of incorporating additives, colorants, or stabilizers); and extrusion and drawing operations (converting an already produced solid polymer into a different shape by melting or mixing the polymer and then forcing it or pulling it through an orifice to create an extruded product). An operation is not exempt if it involves processing with HAP solvent or if an intended purpose of the operation is to remove residual HAP monomer. (5) Production activities described using the 1997 version of NAICS codes 325131, 325181, 325188 (except the requirements do apply to hydrazine), 325314, 325991 (except the requirements do apply to reformulating plastics resins from recycled plastics products), and 325992 (except the requirements do apply to photographic chemicals). (6) Tall oil recovery systems. (7) Carbon monoxide production. (d) If the predominant use of a transfer rack loading arm or storage tank (including storage tanks in series) is associated with a miscellaneous organic chemical manufacturing process, and the loading arm or storage tank is not part of an affected source under a subpart of this part 63, then you must assign the loading arm or storage tank to the MCPU for that miscellaneous organic chemical manufacturing process. If the predominant use cannot be determined, then you may assign the loading arm or storage tank to any MCPU that shares it and is subject to this subpart. If the use varies from year to year, then you must base the determination on the utilization that occurred during the year preceding November 10, 2003 or, if the loading arm or storage tank was not in operation during that year, you must base the use on the expected use for the first 5-year period after startup. You must include the determination in the notification of compliance status report specified in § 63.2520(d). You must redetermine the primary use at least once every 5 years, or any time you implement emissions averaging or pollution prevention after the compliance date. (e) For nondedicated equipment used to create at least one MCPU, you may elect to develop process unit groups (PUG), determine the primary product of each PUG, and comply with the requirements of the subpart in 40 CFR part 63 that applies to that primary product as specified in § 63.2535(l). [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40331, July 14, 2006; 85 FR 49132, Aug. 12, 2020] § 63.2440 What parts of my plant does this subpart cover? (a) This subpart applies to each miscellaneous organic chemical manufacturing affected source. (b) The miscellaneous organic chemical manufacturing affected source is the facilitywide collection of MCPU and heat exchange systems, wastewater, and waste management units that are associated with manufacturing materials described in § 63.2435(b)(1). (c) A new affected source is described by either paragraph (c)(1) or (2) of this section. (1) Each affected source defined in paragraph (b) of this section for which you commenced construction or reconstruction after April 4, 2002, and you meet the applicability criteria at the time you commenced construction or reconstruction. (2) Each dedicated MCPU that has the potential to emit 10 tons per year (tpy) of any one HAP or 25 tpy of combined HAP, and you commenced construction or reconstruction of the MCPU after April 4, 2002. For the purposes of this paragraph, an MCPU is an affected source in the definition of the term “reconstruction” in § 63.2. (d) An MCPU that is also a CMPU under § 63.100 is reconstructed for the purposes of this subpart if, and only if, the CMPU meets the requirements for reconstruction in § 63.100(l)(2). Compliance Dates § 63.2445 When do I have to comply with this subpart? (a) Except as specified in paragraphs (g) through (i) of this section, if you have a new affected source, you must comply with this subpart according to the requirements in paragraphs (a)(1) and (2) of this section. (1) If you startup your new affected source before November 10, 2003, then you must comply with the requirements for new sources in this subpart no later than November 10, 2003. (2) If you startup your new affected source after November 10, 2003, then you must comply with the requirements for new sources in this subpart upon startup of your affected source. (b) Except as specified in paragraphs (g) through (i) of this section, if you have an existing source on November 10, 2003, you must comply with the requirements for existing sources in this subpart no later than May 10, 2008. (c) You must meet the notification requirements in § 63.2515 according to the dates specified in that section and in subpart A of this part 63. Some of the notifications must be submitted before you are required to comply with the emission limits, operating limits, and work practice standards in this subpart. (d) If you have a Group 2 emission point that becomes a Group 1 emission point after the compliance date for your affected source, you must comply with the Group 1 requirements beginning on the date the switch occurs. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs. (e) If, after the compliance date for your affected source, hydrogen halide and halogen HAP emissions from process vents in a process increase to more than 1,000 lb/yr, or HAP metals emissions from a process at a new affected source increase to more than 150 lb/yr, you must comply with the applicable emission limits specified in Table 3 to this subpart and the associated compliance requirements beginning on the date the emissions exceed the applicable threshold. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs. (f) If you have a small control device for process vent or transfer rack emissions that becomes a large control device, as defined in § 63.2550(i), you must comply with monitoring and associated recordkeeping and reporting requirements for large control devices beginning on the date the switch occurs. An initial compliance demonstration as specified in this subpart must be conducted within 150 days after the switch occurs. (g) All affected sources that commenced construction or reconstruction on or before December 17, 2019, must be in compliance with the requirements listed in paragraphs (g)(1) through (7) of this section upon initial startup or on August 12, 2023, whichever is later. All affected sources that commenced construction or reconstruction after December 17, 2019, must be in compliance with the requirements listed in paragraphs (g)(1) through (7) of this section upon initial startup, or on August 12, 2020 whichever is later. (1) The general requirements specified in §§ 63.2450(a)(2), (e)(4) through (7), (g)(6) and (7), (i)(3), (j)(5)(ii), (j)(6), (k)(1)(ii), (k)(7) and (8), (t), and (u), 63.2520(d)(3) and (e)(11) through (13), 63.2525(m) through (o), and 63.2535(m). (2) For process vents, the requirements specified in §§ 63.2450(v), 63.2520(e)(14), and 63.2525(p). (3) For storage tank degassing, the requirements specified in § 63.2470(f). (4) For equipment leaks and pressure relief devices, the requirements specified in §§ 63.2480(e) and (f), 63.2520(d)(4) and (e)(14), and 63.2525(q). (5) For wastewater streams and liquid streams in open systems within an MCPU, the requirements specified in § 63.2485(i)(2)(iii), (n)(2)(vii), (p), and (q). (6) For heat exchange systems, the requirements specified in §§ 63.2490(d), 63.2520(e)(16), and 63.2525(r). (7) The other notification, reports, and records requirements specified in §§ 63.2500(g), 63.2520(e)(5)(ii)(D) and (e)(5)(iii)(M) and (N), and 63.2525(l) and (u). (h) All affected sources that commenced construction or reconstruction on or before December 17, 2019, must be in compliance with the requirements for pumps in light liquid service in § 63.2480(b)(6) and (c)(10) upon initial startup or on August 12, 2021, whichever is later. All affected sources that commenced construction or reconstruction after December 17, 2019, must be in compliance with the requirements for pumps in light liquid service in § 63.2480(b)(6) and (c)(10) upon initial startup, or on August 12, 2020, whichever is later. (i) All affected sources that commenced construction or reconstruction on or before December 17, 2019, must be in compliance with the ethylene oxide requirements in §§ 63.2450(h) and (r), 63.2470(b) and (c)(4), 63.2492, 63.2493, 63.2520(d)(5) and (e)(17), and 63.2525(s) and Table 1 to this subpart, item 5, Table 2 to this subpart, item 3, Table 4 to this subpart, item 3, and Table 6 to this subpart, item 3, upon initial startup or on August 12, 2022, whichever is later. All affected sources that commenced construction or reconstruction after December 17, 2019, must be in compliance with the ethylene oxide requirements listed in §§ 63.2450(h) and (r), 63.2470(b) and (c)(4), 63.2492, 63.2493, 63.2520(d)(5) and (e)(17), and 63.2525(s) and Table 1 to this subpart, item 5, Table 2 to this subpart, item 3, Table 4 to this subpart, item 3, and Table 6 to this subpart, item 3, upon initial startup, or on August 12, 2020, whichever is later. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 10442, Mar. 1, 2006; 71 FR 40332, July 14, 2006; 85 FR 49132, Aug. 12, 2020] Emission Limits, Work Practice Standards, and Compliance Requirements § 63.2450 What are my general requirements for complying with this subpart? (a) General. (1) Except as specified in paragraph (a)(2) of this section, you must be in compliance with the emission limits and work practice standards in Tables 1 through 7 to this subpart at all times, except during periods of startup, shutdown, and malfunction (SSM), and you must meet the requirements specified in §§ 63.2455 through 63.2490 (or the alternative means of compliance in § 63.2495, § 63.2500, or § 63.2505), except as specified in paragraphs (b) through (s) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§ 63.2515, 63.2520, and 63.2525. (2) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (a)(1) of this section no longer applies. Instead, you must be in compliance with the emission limits and work practice standards in Tables 1 through 7 to this subpart at all times, and you must meet the requirements specified in §§ 63.2455 through 63.2490 (or the alternative means of compliance in § 63.2495, § 63.2500, or § 63.2505), except as specified in paragraphs (b) through (v) of this section. You must meet the notification, reporting, and recordkeeping requirements specified in §§ 63.2515, 63.2520, and 63.2525. (b) Determine halogenated vent streams. (c) Requirements for combined emission streams. e.g., (1) Comply with the applicable requirements of this subpart for each kind of organic HAP emissions in the stream ( e.g., (2) Determine the applicable requirements based on the hierarchy presented in paragraphs (c)(2)(i) through (vi) of this section. For a combined stream, the applicable requirements are specified in the highest-listed paragraph in the hierarchy that applies to any of the individual streams that make up the combined stream. For example, if a combined stream consists of emissions from Group 1 batch process vents and any other type of emission stream, then you must comply with the requirements in paragraph (c)(2)(i) of this section for the combined stream; compliance with the requirements in paragraph (c)(2)(i) of this section constitutes compliance for the other emission streams in the combined stream. Two exceptions are that you must comply with the requirements in Table 3 to this subpart and § 63.2465 for all process vents with hydrogen halide and halogen HAP emissions, and recordkeeping requirements for Group 2 applicability or compliance are still required ( e.g., (i) The requirements of table 2 to this subpart and § 63.2460 for Group 1 batch process vents, including applicable monitoring, recordkeeping, and reporting. (ii) The requirements of table 1 to this subpart and § 63.2455 for continuous process vents that are routed to a control device, as defined in § 63.981, including applicable monitoring, recordkeeping, and reporting. (iii) The requirements of table 5 to this subpart and § 63.2475 for transfer operations, including applicable monitoring, recordkeeping, and reporting. (iv) The requirements of table 7 to this subpart and § 63.2485 for emissions from waste management units that are used to manage and treat Group 1 wastewater streams and residuals from Group 1 wastewater streams, including applicable monitoring, recordkeeping, and reporting. (v) The requirements of table 4 to this subpart and § 63.2470 for control of emissions from storage tanks, including applicable monitoring, recordkeeping, and reporting. (vi) The requirements of table 1 to this subpart and § 63.2455 for continuous process vents after a recovery device including applicable monitoring, recordkeeping, and reporting. (d) [Reserved] (e) Requirements for control devices. (2) Except as specified in paragraph (e)(5) of this section or except when complying with § 63.2485, if you reduce organic HAP emissions by venting emissions through a closed-vent system to a flare, you must meet the requirements of paragraph (e)(4) of this section, and the requirements of § 63.982(b) and the requirements referenced therein. (3) Except as specified in paragraphs (e)(3)(i) and (ii) of this section, if you use a halogen reduction device to reduce hydrogen halide and halogen HAP emissions from halogenated vent streams, you must meet the requirements of paragraph (e)(4) of this section, and the requirements of § 63.994 and the requirements referenced therein. If you use a halogen reduction device before a combustion device, you must determine the halogen atom emission rate prior to the combustion device according to the procedures in § 63.115(d)(2)(v). (i) Beginning on and after October 13, 2020, performance test reports must be submitted according to the procedures in § 63.2520(f). (ii) If you use a halogen reduction device other than a scrubber, then you must submit procedures for establishing monitoring parameters to the Administrator as part of your precompliance report as specified in § 63.2520(c)(8). (4) Beginning no later than the compliance dates specified in § 63.2445(g), the referenced provisions specified in paragraphs (e)(4)(i) through (xvi) of this section do not apply when demonstrating compliance with subpart SS of this part. (i) The phrase “Except for equipment needed for safety purposes such as pressure relief devices, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 63.983(a)(3) of subpart SS. (ii) The second sentence of § 63.983(a)(5) of subpart SS. (iii) The phrase “except during periods of start-up, shutdown and malfunction as specified in the referencing subpart” in § 63.984(a) of subpart SS. (iv) The phrase “except during periods of start-up, shutdown, and malfunction as specified in the referencing subpart” in § 63.985(a) of subpart SS. (v) The phrase “other than start-ups, shutdowns, or malfunctions” in § 63.994(c)(1)(ii)(D) of subpart SS. (vi) Section 63.996(c)(2)(ii) of subpart SS. (vii) The last sentence of § 63.997(e)(1)(i) of subpart SS. (viii) Section 63.998(b)(2)(iii) of subpart SS. (ix) The phrase “other than start-ups, shutdowns or malfunctions” in § 63.998(b)(5)(i)(A) of subpart SS. (x) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(i)(B)( 3 (xi) The phrase “other than start-ups, shutdowns or malfunctions” in § 63.998(b)(5)(i)(C) of subpart SS. (xii) The phrase “other than a start-up, shutdown, or malfunction” from § 63.998(b)(5)(ii)(C) of subpart SS. (xiii) The phrase “except as provided in paragraphs (b)(6)(i)(A) and (B) of this section” in § 63.998(b)(6)(i) of subpart SS. (xiv) The second sentence of § 63.998(b)(6)(ii) of subpart SS. (xv) Section 63.998(c)(1)(ii)(D), (E), (F), and (G) of subpart SS. (xvi) Section 63.998(d)(3) of subpart SS. (5) For any flare that is used to reduce organic HAP emissions from an MCPU, you may elect to comply with the requirements in this paragraph in lieu of the requirements of § 63.982(b) and the requirements referenced therein. However, beginning no later than the compliance dates specified in § 63.2445(g), paragraphs (e)(2) and (f) of this section no longer apply to flares that control ethylene oxide emissions from affected sources in ethylene oxide service as defined in § 63.2550 and flares used to control emissions from MCPUs that produce olefins or polyolefins. Instead, if you reduce organic HAP emissions by venting emissions through a closed-vent system to a steam-assisted, air-assisted, non-assisted, or pressure-assisted multi-point flare that controls ethylene oxide emissions from affected sources in ethylene oxide service as defined in § 63.2550 or is used to control emissions from an MCPU that produces olefins or polyolefins, then you must meet the applicable requirements for flares as specified in §§ 63.670 and 63.671 of subpart CC, including the provisions in Tables 12 and 13 to subpart CC of this part, except as specified in paragraphs (e)(5)(i) through (xiii) of this section. This requirement in this paragraph (e)(5) also applies to any flare using fuel gas from a fuel gas system, of which 50 percent or more of the fuel gas is derived from an MCPU that has processes and/or equipment in ethylene oxide service or that produces olefins or polyolefins, as determined on an annual average basis. For purposes of compliance with this paragraph (e)(5), the following terms are defined in § 63.641 of subpart CC: Assist air, assist steam, center steam, combustion zone, combustion zone gas, flare, flare purge gas, flare supplemental gas, flare sweep gas, flare vent gas, lower steam, net heating value, perimeter assist air, pilot gas, premix assist air, total steam, and upper steam. Also, for purposes of compliance with this paragraph (e)(5), “MCPUs that produces olefins or polyolefins” includes only those MCPUs that manufacture ethylene, propylene, polyethylene, and/or polypropylene as a product. By-products and impurities as defined in § 63.101, as well as wastes and trace contaminants, are not considered products. (i) When determining compliance with the pilot flame requirements specified in § 63.670(b) and (g), substitute “pilot flame or flare flame” for each occurrence of “pilot flame.” (ii) When determining compliance with the flare tip velocity and combustion zone operating limits specified in § 63.670(d) and (e), the requirement effectively applies starting with the 15-minute block that includes a full 15 minutes of the flaring event. You are required to demonstrate compliance with the velocity and NHVcz requirements starting with the block that contains the fifteenth minute of a flaring event. You are not required to demonstrate compliance for the previous 15-minute block in which the event started and contained only a fraction of flow. (iii) Instead of complying with paragraph (o)(2)(i) of § 63.670 of subpart CC, you must develop and implement the flare management plan no later than the compliance dates specified in § 63.2445(g). (iv) Instead of complying with paragraph (o)(2)(iii) of § 63.670 of subpart CC, if required to develop a flare management plan and submit it to the Administrator, then you must also submit all versions of the plan in portable document format (PDF) to the EPA following the procedure specified in § 63.9(k), except any medium submitted through mail must be sent to the attention of the Miscellaneous Organic Chemical Manufacturing Sector Lead. (v) Section 63.670(o)(3)(ii) of subpart CC and all references to § 63.670(o)(3)(ii) of subpart CC do not apply. Instead, the owner or operator must comply with the maximum flare tip velocity operating limit at all times. (vi) Substitute “MCPU” for each occurrence of “petroleum refinery.” (vii) Each occurrence of “refinery” does not apply. (viii) If a pressure-assisted multi-point flare is used as a control device, then you must meet the following conditions: (A) You are not required to comply with the flare tip velocity requirements in paragraph (d) and (k) of § 63.670 of subpart CC; (B) You must comply with the NHVcz requirements in paragraph (e)(2) of § 63.670 of subpart CC; (C) You must determine the 15-minute block average NHVvg using only the direct calculation method specified in in paragraph (l)(5)(ii) of § 63.670 of subpart CC; (D) Instead of complying with paragraph (b) and (g) of § 63.670 of subpart CC, if a pressure-assisted multi-point flare uses cross-lighting on a stage of burners rather than having an individual pilot flame on each burner, then you must operate each stage of the pressure-assisted multi-point flare with a flame present at all times when regulated material is routed to that stage of burners. Each stage of burners that cross-lights in the pressure-assisted multi-point flare must have at least two pilots with at least one continuously lit and capable of igniting all regulated material that is routed to that stage of burners. Each 15-minute block during which there is at least one minute where no pilot flame is present on a stage of burners when regulated material is routed to the flare is a deviation of the standard. Deviations in different 15-minute blocks from the same event are considered separate deviations. The pilot flame(s) on each stage of burners that use cross-lighting must be continuously monitored by a thermocouple or any other equivalent device used to detect the presence of a flame; (E) Unless you choose to conduct a cross-light performance demonstration as specified in this paragraph (e)(5)(viii)(E), you must ensure that if a stage of burners on the flare uses cross-lighting, that the distance between any two burners in series on that stage is no more than 6 feet when measured from the center of one burner to the next burner. A distance greater than 6 feet between any two burners in series may be used provided you conduct a performance demonstration that confirms the pressure-assisted multi-point flare will cross-light a minimum of three burners and the spacing between the burners and location of the pilot flame must be representative of the projected installation. The compliance demonstration must be approved by the permitting authority and a copy of this approval must be maintained onsite. The compliance demonstration report must include: A protocol describing the test methodology used, associated test method QA/QC parameters, the waste gas composition and NHVcz of the gas tested, the velocity of the waste gas tested, the pressure-assisted multi-point flare burner tip pressure, the time, length, and duration of the test, records of whether a successful cross-light was observed over all of the burners and the length of time it took for the burners to cross-light, records of maintaining a stable flame after a successful cross-light and the duration for which this was observed, records of any smoking events during the cross-light, waste gas temperature, meteorological conditions ( e.g., (F) You must install and operate pressure monitor(s) on the main flare header, as well as a valve position indicator monitoring system for each staging valve to ensure that the flare operates within the proper range of conditions as specified by the manufacturer. The pressure monitor must meet the requirements in Table 13 to subpart CC of this part. (G) If a pressure-assisted multi-point flare is operating under the requirements of an approved alternative means of emission limitations, you must either continue to comply with the terms of the alternative means of emission limitations or comply with the provisions in paragraphs (e)(5)(viii)(A) through (F) of this section. (ix) If you choose to determine compositional analysis for net heating value with a continuous process mass spectrometer, then you must comply with the requirements specified in paragraphs (e)(5)(ix)(A) through (G) of this section. (A) You must meet the requirements in § 63.671(e)(2). You may augment the minimum list of calibration gas components found in § 63.671(e)(2) with compounds found during a pre-survey or known to be in the gas through process knowledge. (B) Calibration gas cylinders must be certified to an accuracy of 2 percent and traceable to National Institute of Standards and Technology (NIST) standards. (C) For unknown gas components that have similar analytical mass fragments to calibration compounds, you may report the unknowns as an increase in the overlapped calibration gas compound. For unknown compounds that produce mass fragments that do not overlap calibration compounds, you may use the response factor for the nearest molecular weight hydrocarbon in the calibration mix to quantify the unknown component's NHVvg. (D) You may use the response factor for n-pentane to quantify any unknown components detected with a higher molecular weight than n-pentane. (E) You must perform an initial calibration to identify mass fragment overlap and response factors for the target compounds. (F) You must meet applicable requirements in Performance Specification 9 of 40 CFR part 60, appendix B, for continuous monitoring system acceptance including, but not limited to, performing an initial multi-point calibration check at three concentrations following the procedure in Section 10.1 and performing the periodic calibration requirements listed for gas chromatographs in Table 13 to subpart CC of this part, for the process mass spectrometer. You may use the alternative sampling line temperature allowed under Net Heating Value by Gas Chromatograph in Table 13 to subpart CC of this part. (G) The average instrument calibration error (CE) for each calibration compound at any calibration concentration must not differ by more than 10 percent from the certified cylinder gas value. The CE for each component in the calibration blend must be calculated using Equation 1 to this paragraph (e)(5)(ix)(G). Where: Cm = Average instrument response (ppm). Ca = Certified cylinder gas value (ppm). (x) If you use a gas chromatograph or mass spectrometer for compositional analysis for net heating value, then you may choose to use the CE of NHV measured Where: NHV measured NHV a (xi) Instead of complying with paragraph (q) of § 63.670 of subpart CC, you must comply with the reporting requirements specified in § 63.2520(d)(3) and (e)(11). (xii) Instead of complying with paragraph (p) of § 63.670 of subpart CC, you must keep the flare monitoring records specified in § 63.2525(m). (xiii) You may elect to comply with the alternative means of emissions limitation requirements specified in paragraph (r) of § 63.670 of subpart CC in lieu of the requirements in paragraphs (d) through (f) of § 63.670 of subpart CC, as applicable. However, instead of complying with paragraph (r)(3)(iii) of § 63.670 of subpart CC, you must also submit the alternative means of emissions limitation request to the following address: U.S. Environmental Protection Agency, Office of Air Quality Planning and Standards, Sector Policies and Programs Division, U.S. EPA Mailroom (C404-02), Attention: Miscellaneous Organic Chemical Manufacturing Sector Lead, 4930 Old Page Rd., Durham, NC 27703. (6) Beginning no later than the compliance dates specified in § 63.2445(g), the use of a bypass line at any time on a closed vent system to divert emissions subject to the requirements in Tables 1 through 7 to this subpart to the atmosphere or to a control device not meeting the requirements specified in Tables 1 through 7 to this subpart is an emissions standards deviation. You must also comply with the requirements specified in paragraphs (e)(6)(i) through (v) of this section, as applicable: (i) If you are subject to the bypass monitoring requirements of § 63.148(f) of subpart G, then you must continue to comply with the requirements in § 63.148(f) of subpart G and the recordkeeping and reporting requirements in §§ 63.148(j)(2) and (3) of subpart G, and § 63.148(i)(3) of subpart G, in addition to the applicable requirements specified in § 63.2485(q), the recordkeeping requirements specified in § 63.2525(n), and the reporting requirements specified in § 63.2520(e)(12). (ii) If you are subject to the bypass monitoring requirements of § 63.172(j) of subpart H, then you must continue to comply with the requirements in § 63.172(j) of subpart H and the recordkeeping and reporting requirements in § 63.118(a)(3) and (4), and (f)(3) and (4) of subpart G, in addition to the applicable requirements specified in §§ 63.2480(f) and 63.2485(q), the recordkeeping requirements specified in § 63.2525(n), and the reporting requirements specified in § 63.2520(e)(12). (iii) If you are subject to the bypass monitoring requirements of § 63.983(a)(3) of subpart SS, then you must continue to comply with the requirements in § 63.983(a)(3) of subpart SS and the recordkeeping and reporting requirements in §§ 63.998(d)(1)(ii) and 63.999(c)(2) of subpart SS, in addition to the requirements specified in § 63.2450(e)(4), the recordkeeping requirements specified in § 63.2525(n), and the reporting requirements specified in § 63.2520(e)(12). (iv) If you are subject to the bypass monitoring requirements of § 65.143(a)(3) of this chapter, then you must continue to comply with the requirements in § 65.143(a)(3) and the recordkeeping and reporting requirements in §§ 65.163(a)(1) and 65.166(b) of this chapter; in addition to the applicable requirements specified in § 63.2480(f), the recordkeeping requirements specified in § 63.2525(n), and the reporting requirements specified in § 63.2520(e)(12). (v) For purposes of compliance with this paragraph (e)(6), §§ 63.148(f)(3) of subpart G, and 63.172(j)(3) of subpart H, the phrase “Except for equipment needed for safety purposes such as pressure relief devices, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 63.983(a)(3) of subpart SS, and the phrase “Except for pressure relief devices needed for safety purposes, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 65.143(a)(3) of this chapter do not apply; instead, the exemptions specified in paragraphs (e)(6)(v)(A) and (B) of this section apply. (A) Except for pressure relief devices subject to § 63.2480(e)(4), equipment such as low leg drains and equipment subject to the requirements specified in § 63.2480 are not subject to this paragraph (e)(6). (B) Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (e)(6). (7) Beginning no later than the compliance dates specified in § 63.2445(g), if you reduce organic HAP emissions by venting emissions through a closed-vent system to an adsorber(s) that cannot be regenerated or a regenerative adsorber(s) that is regenerated offsite, then you must comply with paragraphs (e)(4) and (6) of this section, § 63.2470(c)(3), §§ 63.2520(d)(6) and (e)(13), § 63.2525(o), the requirements in § 63.983 including the requirements referenced therein, and you must install a system of two or more adsorber units in series and comply with the requirements specified in paragraphs (e)(7)(i) through (iii) of this section. (i) Conduct an initial performance test or design evaluation of the adsorber and establish the breakthrough limit and adsorber bed life. (ii) Monitor the HAP or total organic compound (TOC) concentration through a sample port at the outlet of the first adsorber bed in series according to the schedule in paragraph (e)(7)(iii)(B) of this section. You must measure the concentration of HAP or TOC using either a portable analyzer, in accordance with Method 21 of 40 CFR part 60, appendix A-7, using methane, propane, isobutylene, or the primary HAP being controlled as the calibration gas or Method 25A of 40 CFR part 60, appendix A-7, using methane, propane, or the primary HAP being controlled as the calibration gas. (iii) Comply with paragraph (e)(7)(iii)(A) of this section, and comply with the monitoring frequency according to paragraph (e)(7)(iii)(B) of this section. (A) The first adsorber in series must be replaced immediately when breakthrough, as defined in § 63.2550(i), is detected between the first and second adsorber. The original second adsorber (or a fresh canister) will become the new first adsorber and a fresh adsorber will become the second adsorber. For purposes of this paragraph (e)(7)(iii)(A), “immediately” means within 8 hours of the detection of a breakthrough for adsorbers of 55 gallons or less, and within 24 hours of the detection of a breakthrough for adsorbers greater than 55 gallons. You must monitor at the outlet of the first adsorber within 3 days of replacement to confirm it is performing properly. (B) Based on the adsorber bed life established according to paragraph (e)(7)(i) of this section and the date the adsorbent was last replaced, conduct monitoring to detect breakthrough at least monthly if the adsorbent has more than 2 months of life remaining, at least weekly if the adsorbent has between 2 months and 2 weeks of life remaining, and at least daily if the adsorbent has 2 weeks or less of life remaining. (f) Requirements for flare compliance assessments. (1) As part of a flare compliance assessment required in § 63.987(b), you have the option of demonstrating compliance with the requirements of § 63.11(b) by complying with the requirements in either § 63.11(b)(6)(i) or § 63.987(b)(3)(ii). (2) If you elect to meet the requirements in § 63.11(b)(6)(i), you must keep flare compliance assessment records as specified in paragraphs (f)(2)(i) and (ii) of this section. (i) Keep records as specified in § 63.998(a)(1)(i), except that a record of the heat content determination is not required. (ii) Keep records of the flare diameter, hydrogen content, exit velocity, and maximum permitted velocity. Include these records in the flare compliance report required in § 63.999(a)(2). (g) Requirements for performance tests. (1) Conduct gas molecular weight analysis using Method 3, 3A, or 3B in appendix A to part 60 of this chapter. (2) Measure moisture content of the stack gas using Method 4 in appendix A to part 60 of this chapter. (3) If the uncontrolled or inlet gas stream to the control device contains carbon disulfide, you must conduct emissions testing according to paragraph (g)(3)(i) or (ii) of this section. (i) If you elect to comply with the percent reduction emission limits in tables 1 through 7 to this subpart, and carbon disulfide is the principal organic HAP component ( i.e., (ii) If you elect to comply with the outlet TOC concentration emission limits in Tables 1 through 7 to this subpart, and the uncontrolled or inlet gas stream to the control device contains greater than 10 percent (volume concentration) carbon disulfide, you must use Method 18 or Method 15 of 40 CFR part 60, appendix A, to separately determine the carbon disulfide concentration. Calculate the total HAP or TOC emissions by totaling the carbon disulfide emissions measured using Method 18 or 15 of 40 CFR part 60, appendix A, and the other HAP emissions measured using Method 18 or 25A of 40 CFR part 60, appendix A. (4) As an alternative to using Method 18, Method 25/25A, or Method 26/26A of 40 CFR part 60, appendix A, to comply with any of the emission limits specified in tables 1 through 7 to this subpart, you may use Method 320 of 40 CFR part 60, appendix A. When using Method 320, you must follow the analyte spiking procedures of section 13 of Method 320, unless you demonstrate that the complete spiking procedure has been conducted at a similar source. (5) Section 63.997(c)(1) does not apply. For the purposes of this subpart, results of all initial compliance demonstrations must be included in the notification of compliance status report, which is due 150 days after the compliance date, as specified in § 63.2520(d)(1). If the initial compliance demonstration includes a performance test and the results are submitted electronically via CEDRI in accordance with § 63.2520(f), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (6) Beginning no later than the compliance dates specified in § 63.2445(g), in lieu of the requirements specified in § 63.7(e)(1) of subpart A you must conduct performance tests under such conditions as the Administrator specifies based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (7) Comply with the requirements in § 63.2450(e)(4), as applicable. (h) Design evaluation. (i) Outlet concentration correction for combustion devices. (1) You must correct the concentration in the gas stream at the outlet of the combustion device to 3 percent oxygen if you add supplemental gases, as defined in § 63.2550, to the vent stream, or; (2) You must correct the measured concentration for supplemental gases using Equation 1 in § 63.2460(c)(6); you may use process knowledge and representative operating data to determine the fraction of the total flow due to supplemental gas. (3) Beginning no later than the compliance dates specified in § 63.2445(g), paragraphs (i)(1) and (2) of this section no longer apply. Instead, when § 63.997(e)(2)(iii)(C) requires you to correct the measured concentration at the outlet of a combustion device to 3-percent oxygen if you add supplemental combustion air, you must follow the procedures in § 63.997(e)(2)(iii)(C) to perform the concentration correction, except you may also use Method 3A of 40 CFR part 60, appendix A-2, to determine the oxygen concentration. (j) Continuous emissions monitoring systems. (1) Each CEMS must be installed, operated, and maintained according to the applicable Performance Specification of 40 CFR part 60, appendix B, and the applicable Quality Assurance Procedures of 40 CFR part 60, appendix F, and according to paragraph (j)(2) of this section, except as specified in paragraph (j)(1)(i) of this section. For any CEMS meeting Performance Specification 8 of 40 CFR part 60, appendix B, you must also comply with procedure 1 of 40 CFR part 60, appendix F. Locate the sampling probe or other interface at a measurement location such that you obtain representative measurements of emissions from the regulated source. For CEMS installed after August 12, 2020, conduct a performance evaluation of each CEMS within 180 days of installation of the monitoring system. (i) If you wish to use a CEMS other than a Fourier Transform Infrared Spectroscopy (FTIR) meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B, to measure hydrogen halide, other than hydrogen chloride, and halogen HAP or CEMS meeting the requirements of Performance Specification 18 of 40 CFR part 60, appendix B, to measure hydrogen chloride before we promulgate a Performance Specification for such CEMS, you must prepare a monitoring plan and submit it for approval in accordance with the procedures specified in § 63.8 of subpart A. (ii) [Reserved] (2) You must determine the calibration gases and reporting units for TOC CEMS in accordance with paragraph (j)(2)(i), (ii), or (iii) of this section. (i) For CEMS meeting Performance Specification 9 or 15 requirements, determine the target analyte(s) for calibration using either process knowledge of the control device inlet stream or the screening procedures of Method 18 on the control device inlet stream. (ii) For CEMS meeting Performance Specification 8 used to monitor performance of a combustion device, calibrate the instrument on the predominant organic HAP and report the results as carbon (C1), and use Method 25A or any approved alternative as the reference method for the relative accuracy tests. (iii) For CEMS meeting Performance Specification 8 of 40 CFR part 60, appendix B, used to monitor performance of a noncombustion device, determine the predominant organic HAP using either process knowledge or the screening procedures of Method 18 of 40 CFR part 60, appendix A-6, on the control device inlet stream, calibrate the monitor on the predominant organic HAP, and report the results as C 1 1 (3) You must conduct a performance evaluation of each CEMS according to the requirements in § 63.8 of subpart A and according to the applicable Performance Specification of 40 CFR part 60, appendix B, except that the schedule in § 63.8(e)(4) of subpart A does not apply, and before October 13, 2020, the results of the performance evaluation must be included in the notification of compliance status report. Unless otherwise specified in this subpart, beginning on and after October 13, 2020, the results of the performance evaluation must be submitted in accordance with § 63.2520(g). (4) The CEMS data must be reduced to operating day or operating block averages computed using valid data consistent with the data availability requirements specified in § 63.999(c)(6)(i)(B) through (D), except monitoring data also are sufficient to constitute a valid hour of data if measured values are available for at least two of the 15-minute periods during an hour when calibration, quality assurance, or maintenance activities are being performed. An operating block is a period of time from the beginning to end of batch operations within a process. Operating block averages may be used only for batch process vent data. In computing operating day or operating block averages to determine compliance with this subpart, you must exclude monitoring data recorded during CEMS breakdowns, out-of-control periods, repairs, maintenance periods, calibration checks, or other quality assurance activities. Out-of-control periods are as specified in § 63.8(c)(7) of subpart A. (5) If you add supplemental gases, you must comply with paragraphs (j)(5)(i) and (ii) of this section. (i) Except as specified in paragraph (j)(5)(ii) of this section, correct the measured concentrations in accordance with paragraph (i) of this section and § 63.2460(c)(6). (ii) Beginning no later than the compliance dates specified in § 63.2445(g), you must use Performance Specification 3 of 40 CFR part 60, appendix B, to certify your oxygen CEMS, and you must comply with procedure 1 of 40 CFR part 60, appendix F. Use Method 3A of 40 CFR part 60, appendix A-2, as the reference method when conducting a relative accuracy test audit. (6) Beginning no later than the compliance dates specified in § 63.2445(g), in lieu of the requirements specified in § 63.8(d)(3) of subpart A you must keep the written procedures required by § 63.8(d)(2) of subpart A on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, you must keep previous ( i.e., (i) Description of CEMS installation location. (ii) Description of the monitoring equipment, including the manufacturer and model number for all monitoring equipment components and the span of the analyzer. (iii) Routine quality control and assurance procedures. (iv) Conditions that would trigger a CEMS performance evaluation, which must include, at a minimum, a newly installed CEMS; a process change that is expected to affect the performance of the CEMS; and the Administrator's request for a performance evaluation under section 114 of the Clean Air Act. (v) Ongoing operation and maintenance procedures in accordance with the general requirements of § 63.8(c)(1) and (3), (c)(4)(ii), and (c)(7) and (8) of subpart A; (vi) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of § 63.10(c) and (e)(1) of subpart A. (k) Continuous parameter monitoring. (1) You must comply with paragraphs (k)(1)(i) and (ii) of this section. (i) Except as specified in paragraph (k)(1)(ii) of this section, record the results of each calibration check and all maintenance performed on the CPMS as specified in § 63.998(c)(1)(ii)(A). (ii) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (k)(1)(i) of this section no longer applies. Instead, you must record the results of each calibration check and all maintenance performed on the CPMS as specified in § 63.998(c)(1)(ii)(A), except you must record all maintenance, not just preventative maintenance. (2) When subpart SS of this part 63 uses the term “a range” or “operating range” of a monitored parameter, it means an “operating limit” for a monitored parameter for the purposes of this subpart. (3) As an alternative to continuously measuring and recording pH as specified in §§ 63.994(c)(1)(i) and 63.998(a)(2)(ii)(D), you may elect to continuously monitor and record the caustic strength of the effluent. For halogen scrubbers used to control only batch process vents you may elect to monitor and record either the pH or the caustic strength of the scrubber effluent at least once per day. (4) As an alternative to the inlet and outlet temperature monitoring requirements for catalytic incinerators as specified in § 63.988(c)(2) and the related recordkeeping requirements specified in § 63.998(a)(2)(ii)(B)( 2 (i) Monitor and record the inlet temperature as specified in subpart SS of this part 63. (ii) Check the activity level of the catalyst at least every 12 months and take any necessary corrective action, such as replacing the catalyst to ensure that the catalyst is performing as designed. (iii) Maintain records of the annual checks of catalyst activity levels and the subsequent corrective actions. (iv) Recording the downstream temperature and temperature difference across the catalyst bed as specified in § 63.998(a)(2)(ii)(B)( 2 (5) For absorbers that control organic compounds and use water as the scrubbing fluid, you must conduct monitoring and recordkeeping as specified in paragraphs (k)(5)(i) through (iii) of this section instead of the monitoring and recordkeeping requirements specified in §§ 63.990(c)(1), 63.993(c)(1), and 63.998(a)(2)(ii)(C). (i) You must use a flow meter capable of providing a continuous record of the absorber influent liquid flow. (ii) You must determine gas stream flow using one of the procedures specified in § 63.994(c)(1)(ii)(A) through (D). (iii) You must record the absorber liquid-to-gas ratio averaged over the time period of any performance test. (6) For a control device with total inlet HAP emissions less than 1 tpy, you must establish an operating limit(s) for a parameter(s) that you will measure and record at least once per averaging period (i.e., daily or block) to verify that the control device is operating properly. You may elect to measure the same parameter(s) that is required for control devices that control inlet HAP emissions equal to or greater than 1 tpy. If the parameter will not be measured continuously, you must request approval of your proposed procedure in the precompliance report. You must identify the operating limit(s) and the measurement frequency, and you must provide rationale to support how these measurements demonstrate the control device is operating properly. (7) Beginning no later than the compliance dates specified in § 63.2445(g), the manufacturer's specifications or your written procedures must include a schedule for calibrations, preventative maintenance procedures, a schedule for preventative maintenance, and corrective actions to be taken if a calibration fails. If a CPMS calibration fails, the CPMS is considered to be inoperative until you take corrective action and the system passes calibration. You must record the nature and cause of instances when the CPMS is inoperative and the corrective action taken. (8) You must comply with the requirements in paragraph (e)(4) of this section, as applicable. (l) Startup, shutdown, and malfunction. (m) Reporting. (2) When there are conflicts between this subpart and referenced subparts for the due dates of reports required by this subpart, reports must be submitted according to the due dates presented in this subpart. (3) Excused excursions, as defined in subparts G and SS of this part 63, are not allowed. (n) [Reserved] (o) You may not use a flare to control halogenated vent streams or hydrogen halide and halogen HAP emissions. (p) Original safety device requirements. (q) If an emission stream contains energetics or organic peroxides that, for safety reasons, cannot meet an applicable emission limit specified in Tables 1 through 7 to this subpart, then you must submit documentation in your precompliance report explaining why an undue safety hazard would be created if the air emission controls were installed, and you must describe the procedures that you will implement to minimize HAP emissions from these vent streams. (r) Surge control vessels and bottoms receivers. (s) For the purposes of determining Group status for continuous process vents, batch process vents, and storage tanks in §§ 63.2455, 63.2460, and 63.2470, hydrazine is to be considered an organic HAP. (t) New safety device requirements. (u) General duty. (v) Maintenance vents. (1) Prior to venting to the atmosphere, remove process liquids from the equipment as much as practical and depressurize the equipment to either: A flare meeting the requirements of paragraph (e)(2) or (5) of this section, as applicable, or a non-flare control device meeting the requirements in paragraph (e)(4) of this section and the requirements specified in § 63.982(c)(2) of subpart SS until one of the following conditions, as applicable, is met. (i) The vapor in the equipment served by the maintenance vent has a concentration less than 10 percent of its lower explosive limit (LEL) and has an outlet concentration less than or equal to 20 ppmv hydrogen halide and halogen HAP. (ii) If there is no ability to measure the concentration of the vapor in the equipment based on the design of the equipment, the pressure in the equipment served by the maintenance vent is reduced to 5 pounds per square inch gauge (psig) or less. Upon opening the maintenance vent, active purging of the equipment cannot be used until the concentration of the vapors in the maintenance vent (or inside the equipment if the maintenance is a hatch or similar type of opening) is less than 10 percent of its LEL. (iii) The equipment served by the maintenance vent contains less than 50 pounds of total volatile organic compounds (VOC). (iv) If, after applying best practices to isolate and purge equipment served by a maintenance vent, none of the applicable criterion in paragraphs (v)(1)(i) through (iii) of this section can be met prior to installing or removing a blind flange or similar equipment blind, then the pressure in the equipment served by the maintenance vent must be reduced to 2 psig or less before installing or removing the equipment blind. During installation or removal of the equipment blind, active purging of the equipment may be used provided the equipment pressure at the location where purge gas is introduced remains at 2 psig or less. (2) Except for maintenance vents complying with the alternative in paragraph (v)(1)(iii) of this section, you must determine the concentration of the vapor or, if applicable, equipment pressure using process instrumentation or portable measurement devices and follow procedures for calibration and maintenance according to manufacturer's specifications. (3) For maintenance vents complying with the alternative in paragraph (v)(1)(iii) of this section, you must determine mass of VOC in the equipment served by the maintenance vent based on the equipment size and contents after considering any contents drained or purged from the equipment. Equipment size may be determined from equipment design specifications. Equipment contents may be determined using process knowledge. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40332, July 14, 2006; 85 FR 49133, Aug. 12, 2020; 89 FR 23868, Apr. 4, 2024] § 63.2455 What requirements must I meet for continuous process vents? (a) You must meet each emission limit in Table 1 to this subpart that applies to your continuous process vents, and you must meet each applicable requirement specified in paragraphs (b) through (c) of this section and §§ 63.2492 and 63.2493(a) through (c). (b) For each continuous process vent, you must either designate the vent as a Group 1 continuous process vent or determine the total resource effectiveness (TRE) index value as specified in § 63.115(d), except as specified in paragraphs (b)(1) through (3) of this section. (1) You are not required to determine the Group status or the TRE index value for any continuous process vent that is combined with Group 1 batch process vents before a control device or recovery device because the requirements of § 63.2450(c)(2)(i) apply to the combined stream. (2) When a TRE index value of 4.0 is referred to in § 63.115(d), TRE index values of 5.0 for existing affected sources and 8.0 for new and reconstructed affected sources apply for the purposes of this subpart. (3) When § 63.115(d) refers to “emission reductions specified in § 63.113(a),” the reductions specified in Table 1 to this subpart apply for the purposes of this subpart. (c) If you use a recovery device to maintain the TRE above a specified threshold, you must meet the requirements of § 63.982(e) and the requirements referenced therein, except as specified in § 63.2450 and paragraph (c)(1) of this section. (1) When § 63.993 uses the phrase “the TRE index value is between the level specified in a referencing subpart and 4.0,” the phrase “the TRE index value is >1.9 but ≤5.0” applies for an existing affected source, and the phrase “the TRE index value is >5.0 but ≤8.0” applies for a new and reconstructed affected source, for the purposes of this subpart. (2) [Reserved] [68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49139, Aug. 12, 2020] § 63.2460 What requirements must I meet for batch process vents? (a) General. (b) Group status. (1) To calculate emissions caused by the heating of a vessel without a process condenser to a temperature lower than the boiling point, you must use the procedures in § 63.1257(d)(2)(i)(C)( 3 (2) To calculate emissions from depressurization of a vessel without a process condenser, you must use the procedures in § 63.1257(d)(2)(i)(D)( 10 (3) To calculate emissions from vacuum systems for the purposes of this subpart, the receiving vessel is part of the vacuum system, and terms used in Equation 33 to 40 CFR part 63, subpart GGG, are defined as follows: P system P i P j MW HAP (4) To calculate uncontrolled emissions when a vessel is equipped with a process condenser, you must use the procedures in § 63.1257(d)(3)(i)(B), except as specified in paragraphs (b)(4)(i) through (vii) of this section. (i) You must determine the flowrate of gas (or volume of gas), partial pressures of condensables, temperature (T), and HAP molecular weight (MW HAP (ii) You must assume that all of the components contained in the condenser exit vent stream are in equilibrium with the same components in the exit condensate stream (except for noncondensables). (iii) You must perform a material balance for each component. (iv) For the emissions from gas evolution, the term for time, t, must be used in Equation 12 to 40 CFR part 63, subpart GGG. (v) Emissions from empty vessel purging shall be calculated using Equation 36 to 40 CFR part 63, subpart GGG and the exit temperature and exit pressure conditions of the condenser or the conditions of the dedicated receiver. (vi) You must conduct an engineering assessment as specified in § 63.1257(d)(2)(ii) for each emission episode that is not due to vapor displacement, purging, heating, depressurization, vacuum operations, gas evolution, air drying, or empty vessel purging. The requirements of paragraphs (b)(3) through (4) of this section shall apply. (vii) You may elect to conduct an engineering assessment if you can demonstrate to the Administrator that the methods in § 63.1257(d)(3)(i)(B) are not appropriate. (5) You may elect to designate the batch process vents within a process as Group 1 and not calculate uncontrolled emissions if you comply with one of the situations in paragraph (b)(5)(i), (ii), or (iii) of this section. (i) If you comply with the alternative standard specified in § 63.2505. (ii) If all Group 1 batch process vents within a process are controlled; you conduct the performance test under hypothetical worst case conditions, as defined in § 63.1257(b)(8)(i)(B); and the emission profile is based on capture and control system limitations as specified in § 63.1257(b)(8)(ii)(C). (iii) If you comply with an emission limit using a flare that meets the requirements specified in § 63.987 or § 63.2450(e)(5), as applicable. (6) You may change from Group 2 to Group 1 in accordance with either paragraph (b)(6)(i) or (ii) of this section. Before October 13, 2020, you must comply with the requirements of this section and submit the test report. Beginning on and after October 13, 2020, you must comply with the requirements of this section and submit the performance test report for the demonstration required in § 63.1257(b)(8) in accordance with § 63.2520(f). (i) You may switch at any time after operating as Group 2 for at least 1 year so that you can show compliance with the 10,000 pounds per year (lb/yr) threshold for Group 2 batch process vents for at least 365 days before the switch. You may elect to start keeping records of emissions from Group 2 batch process vents before the compliance date. Report a switch based on this provision in your next compliance report in accordance with § 63.2520(e)(10)(i). (ii) If the conditions in paragraph (b)(6)(i) of this section are not applicable, you must provide a 60-day advance notice in accordance with § 63.2520(e)(10)(ii) before switching. (7) As an alternative to determining the uncontrolled organic HAP emissions as specified in § 63.1257(d)(2)(i) and (ii), you may elect to demonstrate that non-reactive organic HAP are the only HAP used in the process and non-reactive HAP usage in the process is less than 10,000 lb/yr. You must provide data and supporting rationale in your notification of compliance status report explaining why the non-reactive organic HAP usage will be less than 10,000 lb/yr. You must keep records of the non-reactive organic HAP usage as specified in § 63.2525(e)(2) and include information in compliance reports as specified in § 63.2520(e)(5)(iv). (c) Exceptions to the requirements in subparts SS and WW of this part 63 are specified in paragraphs (c)(1) through (9) of this section. (1) Process condensers. (2) Initial compliance. (ii) When you conduct a performance test or design evaluation for a non-flare control device used to control emissions from batch process vents, you must establish emission profiles and conduct the test under worst-case conditions according to § 63.1257(b)(8) instead of under normal operating conditions as specified in § 63.7(e)(1) of subpart A or the conditions as specified in § 63.2450(g)(6). The requirements in § 63.997(e)(1)(i) and (iii) also do not apply for performance tests conducted to determine compliance with the emission limits for batch process vents. For purposes of this subpart, references in § 63.997(b)(1) to “methods specified in § 63.997(e)” include the methods specified in § 63.1257(b)(8). (iii) As an alternative to conducting a performance test or design evaluation to demonstrate initial compliance with a percent reduction requirement for a condenser, you may determine controlled emissions using the procedures specified in § 63.1257(d)(3)(i)(B) and paragraphs (b)(3) through (4) of this section. (iv) When § 63.1257(d)(3)(i)(B)( 7 (v) If a process condenser is used for boiling operations in which HAP (not as an impurity) is heated to the boiling point, you must demonstrate that it is properly operated according to the procedures specified in § 63.1257(d)(2)(i)(C)( 4 ii (vi) You must conduct a subsequent performance test or compliance demonstration equivalent to an initial compliance demonstration within 180 days of a change in the worst-case conditions. (3) Establishing operating limits. (i) The operating limits may be based on the results of the performance test and supplementary information such as engineering assessments and manufacturer's recommendations. These limits may be established for conditions as unique as individual emission episodes for a batch process. You must provide rationale in the precompliance report for the specific level for each operating limit, including any data and calculations used to develop the limit and a description of why the limit indicates proper operation of the control device. The procedures provided in this paragraph (c)(3)(i) have not been approved by the Administrator and determination of the operating limit using these procedures is subject to review and approval by the Administrator. (ii) If you elect to establish separate monitoring levels for different emission episodes within a batch process, you must maintain records in your daily schedule or log of processes indicating each point at which you change from one operating limit to another, even if the duration of the monitoring for an operating limit is less than 15 minutes. You must maintain a daily schedule or log of processes according to § 63.2525(c). (4) Averaging periods. (5) [Reserved] (6) Outlet concentration correction for supplemental gases. Where: C a C m Q a Q s (7) If flow to a control device could be intermittent, you must install, calibrate, and operate a flow indicator at the inlet or outlet of the control device to identify periods of no flow. Periods of no flow may not be used in daily or block averages, and it may not be used in fulfilling a minimum data availability requirement. (8) Terminology. (9) Requirements for a biofilter. (i) Operational requirements. (ii) Performance tests. (A) Keep up-to-date, readily accessible continuous records of either the biofilter bed temperature averaged over the full period of the performance test or the outlet total organic HAP or TOC concentration averaged over the full period of the performance test. Include these data in your notification of compliance status report as required by § 63.999(b)(3)(ii). (B) Record either the percent reduction of total organic HAP achieved by the biofilter determined as specified in § 63.997(e)(2)(iv) or the concentration of TOC or total organic HAP determined as specified in § 63.997(e)(2)(iii) at the outlet of the biofilter, as applicable. (C) If you monitor the biofilter bed temperature, you may elect to use multiple thermocouples in representative locations throughout the biofilter bed and calculate the average biofilter bed temperature across these thermocouples prior to reducing the temperature data to 15 minute (or shorter) averages for purposes of establishing operating limits for the biofilter. If you use multiple thermocouples, include your rationale for their site selection in your notification of compliance status report. (D) Before October 13, 2020, submit a performance test report as specified in § 63.999(a)(2)(i) and (ii) and include the records from paragraph (c)(9)(ii)(B) of this section. Beginning on and after October 13, 2020, you must submit a performance test report as specified in § 63.2520(f). (iii) Monitoring requirements. (iv) Repeat performance tests. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40333, July 14, 2006; 85 FR 49139, Aug. 12, 2020; 89 FR 23868, Apr. 4, 2024] § 63.2465 What requirements must I meet for process vents that emit hydrogen halide and halogen HAP or HAP metals? (a) You must meet each emission limit in Table 3 to this subpart that applies to you, and you must meet each applicable requirement in paragraphs (b) through (d) of this section. (b) If any process vents within a process emit hydrogen halide and halogen HAP, you must determine and sum the uncontrolled hydrogen halide and halogen HAP emissions from each of the process vents within the process using the procedures specified in § 63.1257(d)(2)(i) and/or (ii), as appropriate. When § 63.1257(d)(2)(ii)(E) requires documentation to be submitted in the precompliance report, it means the notification of compliance status report for the purposes of this paragraph. (c) If collective uncontrolled hydrogen halide and halogen HAP emissions from the process vents within a process are greater than or equal to 1,000 pounds per year (lb/yr), you must comply with the requirements in § 63.2450(e)(4) and the requirements of § 63.994 and the requirements referenced therein, except as specified in paragraphs (c)(1) through (3) of this section. (1) When § 63.994(b)(1) requires a performance test, you may elect to conduct a design evaluation in accordance with § 63.1257(a)(1). (2) When § 63.994(b)(1) refers to “a combustion device followed by a halogen scrubber or other halogen reduction device,” it means any combination of control devices used to meet the emission limits specified in Table 3 to this subpart. (3) Section 63.994(b)(2) does not apply for the purposes of this section. (d) To demonstrate compliance with the emission limit in Table 3 to this subpart for HAP metals at a new source, you must comply with paragraphs (d)(1) through (3) of this section. (1) Determine the mass emission rate of HAP metals based on process knowledge, engineering assessment, or test data. (2) Conduct an initial performance test of each control device that is used to comply with the emission limit for HAP metals specified in Table 3 to this subpart. Conduct the performance test according to the procedures in §§ 63.2450(g) and 63.997. Use Method 29 of 40 CFR part 60, appendix A, to determine the HAP metals at the inlet and outlet of each control device, or use Method 5 of 40 CFR part 60, appendix A, to determine the total particulate matter (PM) at the inlet and outlet of each control device. You may use ASTM D6784-02 (Reapproved 2008) (incorporated by reference, see § 63.14) as an alternative to Method 29 (portion for mercury only) as a method for measuring mercury concentrations of 0.5 to 100 micrograms per standard cubic meter. You have demonstrated initial compliance if the overall reduction of either HAP metals or total PM from the process is greater than or equal to 97 percent by weight. (3) Comply with the monitoring requirements specified in § 63.1366(b)(1)(xi) for each fabric filter used to control HAP metals. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40334, July 14, 2006; 85 FR 49140, Aug. 12, 2020] § 63.2470 What requirements must I meet for storage tanks? (a) General. (b) General for storage tanks in ethylene oxide service. (c) Exceptions to subparts SS and WW of this part. (2) Except as specified in paragraph (c)(4) of this section, when the term “storage vessel” is used in subparts SS and WW of this part, the term “storage tank,” as defined in § 63.2550 applies for the purposes of this subpart. (3) For adsorbers that cannot be regenerated or regenerative adsorbers that are regenerated offsite, you must comply with the monitoring requirements in § 63.2450(e)(7) in lieu of § 63.995(c). (4) Beginning no later than the compliance dates specified in § 63.2445(i), you must comply with paragraphs (c)(4)(i) and (ii) of this section. (i) The exemptions for “vessels storing organic liquids that contain HAP only as impurities” and “pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere” listed in the definition of “storage tank” in § 63.2550 do not apply for storage tanks in ethylene oxide service. (ii) For storage tanks in ethylene oxide service as defined in § 63.2550, you may not use a design evaluation to determine the percent reduction of any control device that is used to comply with an emission limit specified in Table 4 to this subpart. (d) Planned routine maintenance. (e) Vapor balancing alternative. (1) When § 63.1253(f)(6)(i) refers to a 90 percent reduction, 95 percent applies for the purposes of this subpart. (2) To comply with § 63.1253(f)(6)(i), the owner or operator of an offsite cleaning or reloading facility must comply with §§ 63.2445 through 63.2550 instead of complying with § 63.1253(f)(7)(ii), except as specified in paragraph (e)(2)(i) or (ii) of this section. (i) The reporting requirements in § 63.2520 do not apply to the owner or operator of the offsite cleaning or reloading facility. (ii) As an alternative to complying with the monitoring, recordkeeping, and reporting provisions in §§ 63.2445 through 63.2550, the owner or operator of an offsite cleaning or reloading facility may comply as specified in § 63.2535(a)(2) with any other subpart of this part 63 which has monitoring, recordkeeping, and reporting provisions as specified in § 63.2535(a)(2). (3) You may elect to set a pressure relief device to a value less than the 2.5 psig required in § 63.1253(f)(5) if you provide rationale in your notification of compliance status report explaining why the alternative value is sufficient to prevent breathing losses at all times. (4) You may comply with the vapor balancing alternative in § 63.1253(f) when your storage tank is filled from a barge. All requirements for tank trucks and railcars specified in § 63.1253(f) also apply to barges, except as specified in § 63.2470(e)(4)(i). (i) When § 63.1253(f)(2) refers to pressure testing certifications, the requirements in 40 CFR 61.304(f) apply for barges. (ii) [Reserved] (f) Storage tank degassing. i.e., (1) Remove liquids from the storage tank as much as practicable. (2) Comply with one of the following: (i) Reduce emissions of total organic HAP by venting emissions through a closed vent system to a flare. (ii) Reduce emissions of total organic HAP by 95 weight-percent by venting emissions through a closed vent system to any combination of non-flare control devices. (iii) Reduce emissions of total organic HAP by routing emissions to a fuel gas system or process and meet the requirements specified in § 63.982(d) and the applicable requirements in § 63.2450(e)(4). (3) Maintain records necessary to demonstrate compliance with the requirements in § 63.2450(u) including, if appropriate, records of existing standard site procedures used to empty and degas (deinventory) equipment for safety purposes. (4) For floating roof storage tanks, the storage tank may be opened to set up equipment (e.g., making connections to a temporary control device) for the shutdown operations but must not be actively degassed during this time period. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40335, July 14, 2006; 85 FR 49140, Aug. 12, 2020; 89 FR 23868, Apr. 4, 2024] § 63.2475 What requirements must I meet for transfer racks? (a) You must comply with each emission limit and work practice standard in Table 5 to this subpart that applies to your transfer racks, and you must meet each applicable requirement in paragraph (b) of this section. (b) When the term “high throughput transfer rack” is used in subpart SS of this part 63, the term “Group 1 transfer rack,” as defined in § 63.2550, applies for the purposes of this subpart. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40335, July 14, 2006; 85 FR 49141, Aug. 12, 2020] § 63.2480 What requirements must I meet for equipment leaks? (a) You must meet each requirement in table 6 to this subpart that applies to your equipment leaks, except as specified in paragraphs (b) through (f) of this section. For each light liquid pump, pressure relief device, and connector in ethylene oxide service as defined in § 63.2550(i), you must also meet the applicable requirements specified in §§ 63.2492 and 63.2493(d) and (e). (b) Except as specified in paragraphs (b)(6) and (7) of this section, if you comply with either subpart H or UU of this part, you may elect to comply with the provisions in paragraphs (b)(1) through (5) of this section as an alternative to the referenced provisions in subpart H or UU of this part. (1) The requirements for pressure testing in § 63.178(b) or § 63.1036(b) may be applied to all processes, not just batch processes. (2) For the purposes of this subpart, pressure testing for leaks in accordance with § 63.178(b) or § 63.1036(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment. (3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under § 63.1022(b)(1) or § 63.181(b)(1)(i). (4) For connectors in gas/vapor and light liquid service at an existing source, you may elect to comply with the requirements in § 63.169 or § 63.1029 for connectors in heavy liquid service, including all associated recordkeeping and reporting requirements, rather than the requirements of § 63.174 or § 63.1027. (5) Except as specified in paragraph (b)(6) of this section, for pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 parts per million (ppm) or greater as an alternative to the values specified in § 63.1026(b)(2)(i) through (iii) or § 63.163(b)(2). (6) Beginning no later than the compliance dates specified in § 63.2445(h), paragraph (b)(5) of this section no longer applies. (7) For each piece of equipment that is subject to Table 6 to this subpart and is also subject to periodic monitoring with EPA Method 21 of 40 CFR part 60, appendix A-7, and is added to an affected source after December 17, 2019, or replaces equipment at an affected source after December 17, 2019, you must initially monitor for leaks within 30 days after August 12, 2020, or initial startup of the equipment, whichever is later. Equipment that is designated as unsafe- or difficult-to-monitor is not subject to this paragraph (b)(7). (c) Except as specified in paragraphs (c)(10) and (11) of this section, if you comply with 40 CFR part 65, subpart F, you may elect to comply with the provisions in paragraphs (c)(1) through (9) of this section as an alternative to the referenced provisions in 40 CFR part 65, subpart F. (1) The requirements for pressure testing in § 65.117(b) may be applied to all processes, not just batch processes. (2) For the purposes of this subpart, pressure testing for leaks in accordance with § 65.117(b) is not required after reconfiguration of an equipment train if flexible hose connections are the only disturbed equipment. (3) For an existing source, you are not required to develop an initial list of identification numbers for connectors as would otherwise be required under § 65.103(b)(1). (4) You may elect to comply with the monitoring and repair requirements specified in § 65.108(e)(3) as an alternative to the requirements specified in § 65.108(a) through (d) for any connectors at your affected source. (5) Except as specified in paragraph (c)(10) of this section, for pumps in light liquid service in an MCPU that has no continuous process vents and is part of an existing source, you may elect to consider the leak definition that defines a leak to be 10,000 ppm or greater as an alternative to the values specified in § 65.107(b)(2)(i) through (iii) of this chapter. (6) When 40 CFR part 65, subpart F refers to the implementation date specified in § 65.1(f), it means the compliance date specified in § 63.2445. (7) When §§ 65.105(f) and 65.117(d)(3) refer to § 65.4, it means § 63.2525. (8) When § 65.120(a) refers to § 65.5(d), it means § 63.2515. (9) When § 65.120(b) refers to § 65.5(e), it means § 63.2520. (10) Beginning no later than the compliance dates specified in § 63.2445(h), paragraph (c)(5) of this section no longer applies. (11) For each piece of equipment that is subject to Table 6 to this subpart and is also subject to periodic monitoring with EPA Method 21 of 40 CFR part 60, appendix A-7, and is added to an affected source after December 17, 2019, or replaces equipment at an affected source after December 17, 2019, you must initially monitor for leaks within 30 days after August 12, 2020, or initial startup of the equipment, whichever is later. Equipment that is designated as unsafe- or difficult-to-monitor is not subject to this paragraph (c)(11). (d) The provisions of this section do not apply to bench-scale processes, regardless of whether the processes are located at the same plant site as a process subject to the provisions of this subpart. (e) Beginning no later than the compliance dates specified in § 63.2445(g), except as specified in paragraph (e)(4) of this section, you must comply with the requirements specified in paragraphs (e)(1) and (2) of this section for pressure relief devices, such as relief valves or rupture disks, in organic HAP gas or vapor service instead of the pressure relief device requirements of § 63.1030 of subpart UU, § 63.165 of subpart H, or § 65.111 of this chapter. Except as specified in paragraphs (e)(4) and (5) of this section, you must also comply with the requirements specified in paragraphs (e)(3), (6), (7), and (8) of this section for all pressure relief devices in organic HAP service. (1) Operating requirements. (2) Pressure release requirements. (i) If the pressure relief device does not consist of or include a rupture disk, conduct instrument monitoring, as specified in § 63.1023(b) of subpart UU, § 63.180(c) of subpart H, or § 65.104(b) of this chapter, no later than 5 calendar days after the pressure relief device returns to organic HAP gas or vapor service following a pressure release to verify that the pressure relief device is operating with an instrument reading of less than 500 ppm. (ii) If the pressure relief device includes a rupture disk, either comply with the requirements in paragraph (e)(2)(i) of this section (and do not replace the rupture disk) or install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. (iii) If the pressure relief device consists only of a rupture disk, install a replacement disk as soon as practicable after a pressure release, but no later than 5 calendar days after the pressure release. You must not initiate startup of the equipment served by the rupture disk until the rupture disc is replaced. (3) Pressure release management. (i) You must equip each affected pressure relief device with a device(s) or use a monitoring system that is capable of: (A) Identifying the pressure release; (B) Recording the time and duration of each pressure release; and (C) Notifying operators immediately that a pressure release is occurring. The device or monitoring system must be either specific to the pressure relief device itself or must be associated with the process system or piping, sufficient to indicate a pressure release to the atmosphere. Examples of these types of devices and systems include, but are not limited to, a rupture disk indicator, magnetic sensor, motion detector on the pressure relief valve stem, flow monitor, or pressure monitor. (ii) You must apply at least three redundant prevention measures to each affected pressure relief device and document these measures. Examples of prevention measures include: (A) Flow, temperature, liquid level and pressure indicators with deadman switches, monitors, or automatic actuators. Independent, non-duplicative systems within this category count as separate redundant prevention measures. (B) Documented routine inspection and maintenance programs and/or operator training (maintenance programs and operator training may count as only one redundant prevention measure). (C) Inherently safer designs or safety instrumentation systems. (D) Deluge systems. (E) Staged relief system where the initial pressure relief device (with lower set release pressure) discharges to a flare or other closed vent system and control device. (iii) If any affected pressure relief device releases to atmosphere as a result of a pressure release event, you must perform root cause analysis and corrective action analysis according to the requirement in paragraph (e)(6) of this section and implement corrective actions according to the requirements in paragraph (e)(7) of this section. You must also calculate the quantity of organic HAP released during each pressure release event and report this quantity as required in § 63.2520(e)(15). Calculations may be based on data from the pressure relief device monitoring alone or in combination with process parameter monitoring data and process knowledge. (iv) You must determine the total number of release events that occurred during the calendar year for each affected pressure relief device separately. Prior to June 3, 2024, you must also determine the total number of release events for each pressure relief device for which the root cause analysis concluded that the root cause was a force majeure (v) Except for pressure relief devices described in paragraphs (e)(4) and (5) of this section, the following release events from an affected pressure relief device are a deviation of the pressure release management work practice standards. (A) Any release event for which the root cause of the event was determined to be operator error or poor maintenance. (B) Prior to June 3, 2024, a second release event not including force majeure events from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment. On and after June 3, 2024, a second release event from a single pressure relief device in a 3 calendar year period for the same root cause for the same equipment. (C) Prior to June 3, 2024, a third release event not including force majeure events from a single pressure relief device in a 3 calendar year period for any reason. On and after June 3, 2024, a third release event from a single pressure relief device in a 3 calendar year period for any reason. (4) Pressure relief devices routed to a control device, process, fuel gas system, or drain system. (ii) Before the compliance dates specified in § 63.2445(g), both the closed vent system and control device (if applicable) referenced in paragraph (e)(4)(i) of this section must meet the applicable requirements specified in § 63.982(b) and (c)(2) of subpart SS. Beginning no later than the compliance dates specified in § 63.2445(g), both the closed vent system and control device (if applicable) referenced in paragraph (e)(4)(i) of this section must meet the applicable requirements specified in §§ 63.982(c)(2), 63.983, and 63.2450(e)(4) through (6). (iii) The drain system (if applicable) referenced in paragraph (e)(4)(i) must meet the applicable requirements specified in § 63.2485(e). (5) Pressure relief devices exempted from pressure release management requirements. (i) Pressure relief devices in heavy liquid service, as defined in § 63.1020 of subpart UU or § 65.103(f) of this chapter. (ii) Thermal expansion relief valves. (iii) Pressure relief devices on mobile equipment. (iv) Pilot-operated pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, to the fuel gas system, or to a drain system. (v) Balanced bellows pressure relief devices where the primary release valve is routed through a closed vent system to a control device or back into the process, to the fuel gas system, or to a drain system. (6) Root cause analysis and corrective action analysis. (i) You may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices installed on the same equipment to release. (ii) Prior to June 3, 2024, you may conduct a single root cause analysis and corrective action analysis for a single emergency event that causes two or more pressure relief devices to release, regardless of the equipment served, if the root cause is reasonably expected to be a force majeure (iii) Except as provided in paragraphs (e)(6)(i) and (ii) of this section, if more than one pressure relief device has a release during the same time period, an initial root cause analysis must be conducted separately for each pressure relief device that had a release. If the initial root cause analysis indicates that the release events have the same root cause(s), the initially separate root cause analyses may be recorded as a single root cause analysis and a single corrective action analysis may be conducted. (7) Corrective action implementation. (i) All corrective action(s) must be implemented within 45 days of the event for which the root cause and corrective action analyses were required or as soon thereafter as practicable. If you conclude that no corrective action should be implemented, you must record and explain the basis for that conclusion no later than 45 days following the event. (ii) For corrective actions that cannot be fully implemented within 45 days following the event for which the root cause and corrective action analyses were required, you must develop an implementation schedule to complete the corrective action(s) as soon as practicable. (iii) No later than 45 days following the event for which a root cause and corrective action analyses were required, you must record the corrective action(s) completed to date, and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (8) Flowing pilot-operated pressure relief devices. (f) Beginning no later than the compliance dates specified in § 63.2445(g), the referenced provisions specified in paragraphs (f)(1) through (18) of this section do not apply when demonstrating compliance with this section. (1) Section 63.163(c)(3) of subpart H. (2) Section 63.172(j)(3) of subpart H. (3) The second sentence of § 63.181(d)(5)(i) of subpart H. (4) The phrase “may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or” from § 63.1024(f)(4)(i) of subpart UU. (5) Section 63.1026(b)(3) of subpart UU. (6) The phrase “(except periods of startup, shutdown, or malfunction)” from § 63.1026(e)(1)(ii)(A) of subpart UU. (7) The phrase “(except during periods of startup, shutdown, or malfunction)” from § 63.1028(e)(1)(i)(A) of subpart UU. (8) The phrase “(except during periods of startup, shutdown, or malfunction)” from § 63.1031(b)(1) of subpart UU. (9) The second sentence of § 65.105(f)(4)(i) of this chapter. (10) Section 65.107(b)(3) of this chapter. (11) The phrase “(except periods of start-up, shutdown, or malfunction)” from § 65.107(e)(1)(ii)(A) of this chapter. (12) The phrase “(except during periods of start-up, shutdown, or malfunction)” from § 65.109(e)(1)(i)(A) of this chapter. (13) The phrase “(except during periods of start-up, shutdown, or malfunction)” from § 65.112(b)(1) of this chapter. (14) The last sentence of § 65.115(b)(1) of this chapter. (15) The last sentence of § 65.115(b)(2) of this chapter. (16) The phrase “Except for pressure relief devices needed for safety purposes, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 65.143(a)(3) of this chapter. (17) For flares complying with § 63.2450(e)(5), the following provisions do not apply: (i) Section 63.172(d) of subpart H; (ii) Section 63.180(e) of subpart H; (iii) Section 63.181(g)(1)(iii) of subpart H; (iv) The phrase “including periods when a flare pilot light system does not have a flame” from § 63.181(g)(2)(i) of subpart H; (v) Section 63.1034(b)(2)(iii) of subpart UU; and (vi) Section 65.115(b)(2) of this chapter. (18) For pressure relief devices complying with § 63.2480(e), the following provisions are modified as follows: (i) In the introductory text of § 63.180(c), replace the reference to § 63.165(a) with § 63.2480(e)(1). (ii) In § 63.181(b)(2)(i), replace the reference to § 63.165(c) with § 63.2480(e)(4). (iii) In § 63.181(b)(3)(i), replace the reference to § 63.165(a) with § 63.2480(e)(1). (iv) In § 63.181(b)(3)(ii), replace the reference to § 63.165(d) with § 63.2480(e)(2)(ii) and (iii). (v) In § 63.181(f), replace the reference to § 63.165(a) and (b) with § 63.2480(e)(1) and (2). (vi) The information in § 63.165(a) required to be reported under § 63.182(d)(2)(xiv) is now required to be reported under § 63.2520(e)(15)(i) through (iii). (vii) The reference to § 63.1030(b) in § 63.1021(a) no longer applies. (viii) In § 63.1022(b)(2), replace the reference to § 63.1030(d) with § 63.2480(e)(4). (ix) In § 63.1022(b)(3), replace the reference to § 63.1030(e) with § 63.2480(e)(2)(ii). (x) The reference to § 63.1030(c) in § 63.1023(a)(1)(v) no longer applies. Instead comply with the § 63.2480(e)(1) and (2). (xi) In § 63.1023(c) introductory text and (c)(4), replace the reference to § 63.1030(b) with § 63.2480(e)(1). (xii) In § 63.1038(c) replace the reference to § 63.1030(c)(3) with § 63.2480(e)(2). (xiii) The information in § 63.1030(b) required to be reported under § 63.1039(b)(4) is now required to be reported under § 63.2520(e)(15)(i) and (ii). (xiv) The reference to § 65.111(b) of this chapter in § 65.102(a) of this chapter no longer applies. (xv) In § 65.103(b)(3) of this chapter, replace the reference to § 65.111(d) with § 63.2480(e)(4). (xvi) In § 65.103(b)(4) of this chapter, replace the reference to § 63.111(e) with § 63.2480(e)(2)(ii). (xvii) The reference to § 65.111(b) and (c) of this chapter in § 65.104(a)(1)(iv) of this chapter no longer applies. Instead comply with § 63.2480(e)(1) and (2). (xviii) In § 65.104(c) introductory text and (c)(4) of this chapter, replace the reference to § 63.111(b) with § 63.2480(e)(1). (xix) In § 65.119(c)(5) of this chapter, replace the reference to § 65.111(c)(3) with § 63.2480(e)(2) and replace the reference to § 65.111(e) with § 63.2480(e)(2)(ii) and (iii). (xx) The information required to be reported under § 65.120(b)(4) of this chapter is now required to be reported under § 63.2520(e)(15)(i) and (ii). [71 FR 40335, July 14, 2006, as amended at 85 FR 49141, Aug. 12, 2020; 89 FR 23869, Apr. 4, 2024] § 63.2485 What requirements must I meet for wastewater streams and liquid streams in open systems within an MCPU? (a) General. (b) Wastewater HAP. (c) Group 1 wastewater. (1) The total annual average concentration of compounds in table 8 to this subpart is greater than or equal to 10,000 ppmw at any flowrate, and the total annual load of compounds in table 8 to this subpart is greater than or equal to 200 lb/yr. (2) The total annual average concentration of compounds in table 8 to this subpart is greater than or equal to 1,000 ppmw, and the annual average flowrate is greater than or equal to 1 l/min. (3) The combined total annual average concentration of compounds in tables 8 and 9 to this subpart is greater than or equal to 30,000 ppmw, and the combined total annual load of compounds in tables 8 and 9 to this subpart is greater than or equal to 1 tpy. (d) Wastewater tank requirements. (2) When § 63.133(a) refers to table 10 of subpart G of this part 63, the maximum true vapor pressure in the table shall be limited to the HAP listed in tables 8 and 9 of this subpart FFFF. (3) For the purposes of this subpart, the requirements of § 63.133(a)(2) are satisfied by operating and maintaining a fixed roof if you demonstrate that the total soluble and partially soluble HAP emissions from the wastewater tank are no more than 5 percent higher than the emissions would be if the contents of the wastewater tank were not heated, treated by an exothermic reaction, or sparged. (4) The emission limits specified in §§ 63.133(b)(2) and 63.139 for control devices used to control emissions from wastewater tanks do not apply during periods of planned routine maintenance of the control device(s) of no more than 240 hr/yr. You may request an extension to a total of 360 hr/yr in accordance with the procedures specified in § 63.2470(d). (e) Individual drain systems. (1) A sewer line connected to drains that are in compliance with § 63.136(e)(1) may be vented to the atmosphere, provided that the sewer line entrance to the first downstream junction box is water sealed and the sewer line vent pipe is designed as specified in § 63.136(e)(2)(ii)(A). (2) [Reserved] (f) Closed-vent system requirements. (g) Halogenated vent stream requirements. (h) Alternative test methods. (2) As an alternative to using the methods specified in § 63.144(b)(5)(i), you may conduct wastewater analyses using Method 1666 or 1671 of 40 CFR part 136 and comply with the sampling protocol requirements specified in § 63.144(b)(5)(ii). The validation requirements specified in § 63.144(b)(5)(iii) do not apply if you use Method 1666 or 1671 of 40 CFR part 136. (3) As an alternative to using Method 18 of 40 CFR part 60, as specified in §§ 63.139(c)(1)(ii) and 63.145(i)(2), you may elect to use Method 25A of 40 CFR part 60 as specified in § 63.997. (4) As an alternative to using EPA Method 624 of 40 CFR part 136, appendix A, as specified in § 63.144(b)(5)(i)(C), you may use ASTM D5790-95 (Reapproved 2012) (incorporated by reference, see § 63.14) for the analysis of total organic HAP in wastewater samples. If you choose to use ASTM D5790-95 (Reapproved 2012), then you must also use the sampling procedures of EPA Method 25D 40 CFR part 60, appendix A-7, or an equivalent method. (i) Offsite management and treatment option. (2) As an alternative to the management and treatment options specified in § 63.132(g)(2), any affected wastewater stream (or residual removed from an affected wastewater stream) with a total annual average concentration of compounds in Table 8 to this subpart less than 50 ppmw may be transferred offsite in accordance with paragraphs (i)(2) (i) and (ii) of this section. (i) The transferee (or you) must demonstrate that less than 5 percent of the HAP in Table 9 to this subpart is emitted from the waste management units up to the activated sludge unit. (ii) The transferee must treat the wastewater stream or residual in a biological treatment unit in accordance with the requirement in paragraph (i)(2)(iii) of this section and the requirements of §§ 63.138 and 63.145 and the requirements referenced therein. (iii) Beginning no later than the compliance dates specified in § 63.2445(g), the requirement of § 63.145(a)(3) no longer applies. Instead, the transferee must comply with the conditions specified in § 63.2450(g)(6). (j) You must determine the annual average concentration and annual average flowrate for wastewater streams for each MCPU. The procedures for flexible operation units specified in § 63.144 (b) and (c) do not apply for the purposes of this subpart. (k) Outlet concentration correction for supplemental gases. (l) Requirements for liquid streams in open systems. (2) When § 63.149(e) refers to 40 CFR 63.100(l) (1) or (2), § 63.2445(a) applies for the purposes of this subpart. (3) When § 63.149 uses the term “chemical manufacturing process unit,” the term “MCPU” applies for the purposes of this subpart. (4) When § 63.149(e)(1) refers to characteristics of water that contain compounds in Table 9 to 40 CFR part 63, subpart G, the characteristics specified in paragraphs (c) (1) through (3) of this section apply for the purposes of this subpart. (5) When § 63.149(e)(2) refers to characteristics of water that contain compounds in Table 9 to 40 CFR part 63, subpart G, the characteristics specified in paragraph (c)(2) of this section apply for the purposes of this subpart. (m) When § 63.132(f) refers to “a concentration of greater than 10,000 ppmw of table 9 compounds,” the phrase “a concentration of greater than 30,000 ppmw of total partially soluble HAP (PSHAP) and soluble HAP (SHAP) or greater than 10,000 ppmw of PSHAP” shall apply for the purposes of this subpart. (n) Alternative requirements for wastewater that is Group 1 for soluble HAP only. (1) Wastewater must be hard-piped between the equalization unit, clarifier, and activated sludge unit. This requirement does not apply to the transfer between any of these types of units that are part of the same structure and one unit overflows into the next. (2) Calculate the destruction efficiency of the biological treatment unit using Equation 1 to this paragraph (n)(2) in accordance with the procedures described in paragraphs (n)(2)(i) through (viii) of this section. You have demonstrated initial compliance if E is greater than or equal to 90 percent. Where: E = destruction efficiency of total PSHAP and SHAP for the biological treatment unit including the equalization unit, neutralization unit, and/or clarifier, percent; QMW a QMG e QMG n QMG c F bio (i) Include all PSHAP and SHAP compounds in both Group 1 and Group 2 wastewater streams from all MCPU, except you may exclude any compounds that meet the criteria specified in § 63.145(a)(6)(ii) or (iii). (ii) Except as specified in paragraph (n)(2)(vii) of this section, conduct the demonstration under representative process unit and treatment unit operating conditions in accordance with § 63.145(a)(3) and (4). (iii) Determine PSHAP and SHAP concentrations and the total wastewater flow rate at the inlet to the equalization unit in accordance with § 63.145(f)(1) and (2). References in § 63.145(f)(1) and (2) to required mass removal and actual mass removal do not apply for the purposes of this section. (iv) Determine F bio (A) If the biological treatment process meets both of the requirements specified in § 63.145(h)(1)(i) and (ii), you may elect to replace the F bio (B) You may elect to assume f bio (v) Determine QMG e n c (vi) Submit the data and results of your demonstration, including both a description of and the results of your WATER9 modeling validation procedures, in your notification of compliance status report as specified in § 63.2520(d)(2)(ii). (vii) Beginning no later than the compliance dates specified in § 63.2445(g), the requirement of § 63.145(a)(3) no longer applies. Instead, you must comply with the conditions specified in § 63.2450(g)(6). (3) As an alternative to the venting requirements in § 63.136(e)(2)(ii)(A), a lift station with a volume larger than 10,000 gal may have openings necessary for proper venting of the lift station. The size and other design characteristics of these openings may be established based on manufacturer recommendations or engineering judgment for venting under normal operating conditions. You must describe the design of such openings and your supporting calculations and other rationale in your notification of compliance status report. (4) For any wastewater streams that are Group 1 for both PSHAP and SHAP, you may elect to meet the requirements specified in Table 7 to this subpart for the PSHAP and then comply with paragraphs (n)(1) through (3) of this section for the SHAP in the wastewater system. You may determine the SHAP mass removal rate, in kg/hr, in treatment units that are used to meet the requirements for PSHAP and add this amount to both the numerator and denominator in Equation 1 to paragraph (n)(2) of this section. (o) Compliance records. (p) Compliance records after date of compliance. (q) Startup, shutdown, and malfunction referenced provisions. (1) Section 63.105(d) of subpart F and the phrase “as part of the start-up, shutdown, and malfunction plan required under § 63.6(e)(3) of subpart A of this part” from § 63.105(e) of subpart F. (2) Section 63.132(b)(3)(i)(B) of subpart G. (3) The phrase “or startup/shutdown/malfunction” in § 63.132(f)(2) of subpart G. (4) Section 63.148(f)(3) of subpart G. (5) For flares complying with § 63.2450(e)(5), the following provisions do not apply: (i) Section 63.139(c)(3) of subpart G; (ii) Section 63.139(d)(3) of subpart G; (iii) Section 63.145(j) of subpart G; (iv) Section 63.146(b)(7)(i) of subpart G; and (v) Section 63.147(d)(1) of subpart G. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 71 FR 40335, July 14, 2006; 85 FR 49144, Aug. 12, 2020] § 63.2490 What requirements must I meet for heat exchange systems? (a) You must comply with each requirement in Table 10 to this subpart that applies to your heat exchange systems, except as specified in paragraphs (b) through (e) of this section. (b) Except as specified in paragraph (d) of this section, if you comply with the requirements of § 63.104 as specified in Table 10 to this subpart, then the phrase “a chemical manufacturing process unit meeting the conditions of § 63.100 (b)(1) through (b)(3) of this subpart” in § 63.104(a) means “an MCPU meeting the conditions of § 63.2435” for the purposes of this subpart. (c) Except as specified in paragraph (d) of this section, if you comply with the requirements of § 63.104 as specified in Table 10 to this subpart, then the reference to “§ 63.100(c)” in § 63.104(a) does not apply for the purposes of this subpart. (d) Unless one or more of the conditions specified in § 63.104(a)(1), (2), (5), and (6) or paragraph (e) of this section are met, beginning no later than the compliance dates specified in § 63.2445(g), the requirements of § 63.104 as specified in Table 10 to this subpart and paragraphs (b) and (c) of this section no longer apply. Instead, you must monitor the cooling water for the presence of total strippable hydrocarbons that indicate a leak according to paragraph (d)(1) of this section, and if you detect a leak, then you must repair it according to paragraphs (d)(2) and (3) of this section, unless repair is delayed according to paragraph (d)(4) of this section. At any time before the compliance dates specified in § 63.2445(g), you may choose to comply with the requirements in this paragraph (d) in lieu of the requirements of § 63.104 as specified in Table 10 to this subpart and paragraphs (b) and (c) of this section. The requirements in this paragraph (d) do not apply to heat exchange systems that have a maximum cooling water flow rate of 10 gallons per minute or less. (1) You must perform monitoring to identify leaks of total strippable hydrocarbons from each heat exchange system subject to the requirements of this subpart according to the procedures in paragraphs (d)(1)(i) through (v) of this section. (i) Monitoring locations for closed-loop recirculation heat exchange systems. (A) Each cooling tower return line or any representative riser within the cooling tower prior to exposure to air for each heat exchange system. (B) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). (ii) Monitoring locations for once-through heat exchange systems. (A) Selected heat exchanger exit line(s), so that each heat exchanger or group of heat exchangers within a heat exchange system is covered by the selected monitoring location(s). The selected monitoring location may be at a point where discharges from multiple heat exchange systems are combined provided that the combined cooling water flow rate at the monitoring location does not exceed 40,000 gallons per minute. (B) The inlet water feed line for a once-through heat exchange system prior to any heat exchanger. If multiple heat exchange systems use the same water feed ( i.e., (iii) Monitoring method. (A) You must determine the total strippable hydrocarbon concentration (in parts per million by volume (ppmv) as methane) at each monitoring location using the “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14) using a flame ionization detector (FID) analyzer for on-site determination as described in Section 6.1 of the Modified El Paso Method. (B) You must convert the total strippable hydrocarbon concentration (in ppmv as methane) to a total hydrocarbon mass emissions rate (as methane) using the calculations in Section 7.0 of “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14). (iv) Monitoring frequency and leak action level. (v) Leak definition. (A) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (d)(1)(ii)(B) of this section, a leak is detected if the difference in the measurement value of the sample taken from a location specified in paragraph (d)(1)(ii)(A) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (d)(1)(ii)(B) of this section equals or exceeds the leak action level. (B) For all other heat exchange systems, a leak is detected if a measurement value of the sample taken from a location specified in paragraph (d)(1)(i)(A) or (B) or (d)(1)(ii)(A) of this section equals or exceeds the leak action level. (2) If a leak is detected using the methods described in paragraph (d)(1) of this section, you must repair the leak to reduce the concentration or mass emissions rate to below the applicable leak action level as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraph (d)(4) of this section. Repair must include re-monitoring at the monitoring location where the leak was identified according to the method specified in paragraph (d)(1)(iii) of this section to verify that the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is below the applicable leak action level. Repair may also include performing the additional monitoring in paragraph (d)(3) of this section to verify that the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is below the applicable leak action level. Actions that can be taken to achieve repair include but are not limited to: (i) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (ii) Blocking the leaking tube within the heat exchanger; (iii) Changing the pressure so that water flows into the process fluid; (iv) Replacing the heat exchanger or heat exchanger bundle; or (v) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (3) If you detect a leak when monitoring a cooling tower return line under paragraph (d)(1)(i)(A) of this section, you may conduct additional monitoring of each heat exchanger or group of heat exchangers associated with the heat exchange system for which the leak was detected, as provided in paragraph (d)(1)(i)(B) of this section. If no leaks are detected when monitoring according to the requirements of paragraph (d)(1)(i)(B) of this section, the heat exchange system is considered to have met the repair requirements through re-monitoring of the heat exchange system, as provided in paragraph (d)(2) of this section. (4) You may delay repair when one of the conditions in paragraph (d)(4)(i) or (ii) of this section is met and the leak is less than the delay of repair action level specified in paragraph (d)(4)(iii) of this section. You must determine if a delay of repair is necessary as soon as practicable, but no later than 45 days after first identifying the leak. (i) If the repair is technically infeasible without a shutdown and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then you may delay repair until the next scheduled shutdown of the heat exchange system. If, during subsequent monitoring, the delay of repair action level is exceeded, then you must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (ii) If the necessary equipment, parts, or personnel are not available and the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate is initially and remains less than the delay of repair action level for all monitoring periods during the delay of repair, then you may delay the repair for a maximum of 120 calendar days. You must demonstrate that the necessary equipment, parts, or personnel were not available. If, during subsequent monitoring, the delay of repair action level is exceeded, then you must repair the leak within 30 days of the monitoring event in which the leak was equal to or exceeded the delay of repair action level. (iii) The delay of repair action level is a total strippable hydrocarbon concentration (as methane) in the stripping gas of 62 ppmv or, for heat exchange systems with a recirculation rate of 10,000 gallons per minute or less, the delay of repair action level is a total hydrocarbon mass emissions rate (as methane) of 1.8 kg/hr. The delay of repair action level is assessed as described in paragraph (d)(4)(iii)(A) or (B) of this section, as applicable. (A) For once-through heat exchange systems for which the inlet water feed is monitored as described in paragraph (d)(1)(ii)(B) of this section, the delay of repair action level is exceeded if the difference in the measurement value of the sample taken from a location specified in paragraph (d)(1)(ii)(A) of this section and the measurement value of the corresponding sample taken from the location specified in paragraph (d)(1)(ii)(B) of this section equals or exceeds the delay of repair action level. (B) For all other heat exchange systems, the delay of repair action level is exceeded if a measurement value of the sample taken from a location specified in paragraph (d)(1)(i)(A) or (B) or (d)(1)(ii)(A) of this section equals or exceeds the delay of repair action level. (e) If 99 percent by weight or more of the organic compounds that could leak into the heat exchange system are water soluble and have a Henry's Law Constant less than 5.0E-6 at 25 degrees Celsius (atmospheres-cubic meters/mol) and none of the conditions specified in § 63.104(a)(1), (2), (5), and (6) are met, beginning no later than the compliance dates specified in § 63.2445(g), you may monitor the cooling water for leaks according to the requirements in § 63.104(b) in lieu of using the Modified El Paso Method. If you detect a leak according to § 63.104(b), then you must repair it according to paragraph (e)(1) of this section, unless repair is delayed according to paragraph (e)(2) of this section. (1) If a leak is detected using the methods described in paragraph (e) of this section, you must repair the leak as soon as practicable, but no later than 45 days after identifying the leak, except as specified in paragraph (e)(2) of this section. Repair must include re-monitoring at the monitoring location where the leak was identified to verify that the criteria in § 63.104(b)(6) is no longer met. Actions that can be taken to achieve repair include but are not limited to: (i) Physical modifications to the leaking heat exchanger, such as welding the leak or replacing a tube; (ii) Blocking the leaking tube within the heat exchanger; (iii) Changing the pressure so that water flows into the process fluid; (iv) Replacing the heat exchanger or heat exchanger bundle; or (v) Isolating, bypassing, or otherwise removing the leaking heat exchanger from service until it is otherwise repaired. (2) You may delay repair when the conditions in § 63.104(e) are met. [85 FR 49145, Aug. 12, 2020, as amended at 89 FR 23869, Apr. 4, 2024] § 63.2492 How do I determine whether my process vent, storage tank, or equipment is in ethylene oxide service? To determine if process vents, storage tanks, and equipment leaks are in ethylene oxide service as defined in § 63.2550(i), you must comply with the requirements in paragraphs (a) through (c) of this section, as applicable. (a) For each batch process vent or continuous process vent stream, you must measure the flow rate and concentration of ethylene oxide of each process vent as specified in paragraphs (a)(1) through (5) of this section. (1) Measurements must be made prior to any dilution of the vent streams. (2) Measurements may be made on the combined vent streams at an MCPU or for each separate vent stream. (3) Method 1 or 1A of 40 CFR part 60, appendix A-1, as appropriate, must be used for the selection of the sampling sites. For vents smaller than 0.10 meter in diameter, sample at one point at the center of the duct. (4) The gas volumetric flow rate must be determined using Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendices A-1 and A-2, as appropriate. (5) The concentration of ethylene oxide must be determined using Method 18 of 40 CFR part 60, appendix A-6, or Method 320 of appendix A to this part. (b) For storage tanks, you must determine the concentration of ethylene oxide of the fluid stored in the storage tanks by complying with the requirements in paragraph (b)(1) or (2) of this section. (1) You must measure the concentration of ethylene oxide of the fluid stored in the storage tanks using Method 624.1 of 40 CFR part 136, appendix A, or preparation by Method 5031 and analysis by Method 8260D (both incorporated by reference, see § 63.14) in the SW-846 Compendium. In lieu of preparation by SW-846 Method 5031, you may use SW-846 Method 5030B (incorporated by reference, see § 63.14), as long as: You do not use a preservative in the collected sample; you store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and you analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. If you are collecting a sample from a pressure vessel, you must maintain the sample under pressure both during and following sampling. (2) Unless specified by the Administrator, you may calculate the concentration of ethylene oxide of the fluid stored in the storage tanks if information specific to the fluid stored is available. Information specific to the fluid stored includes concentration data from safety data sheets. (c) For equipment leaks, you must comply with the requirements in paragraphs (c)(1) through (4) of this section. (1) Each piece of equipment within an MCPU that can reasonably be expected to contain equipment in ethylene oxide service is presumed to be in ethylene oxide service unless you demonstrate that the piece of equipment is not in ethylene oxide service. For a piece of equipment to be considered not in ethylene oxide service, it must be determined that the percent ethylene oxide content of the process fluid that is contained in or contacts equipment can be reasonably expected to not exceed 0.1 percent by weight on an annual average basis. For purposes of determining the percent ethylene oxide content of the process fluid, you must use Method 18 of 40 CFR part 60, appendix A-6, for gaseous process fluid, and Method 624.1 of 40 CFR part 136, appendix A, or preparation by Method 5031 and analysis by Method 8260D (both incorporated by reference, see § 63.14) in the SW-846 Compendium for liquid process fluid. In lieu of preparation by SW-846 Method 5031, you may use SW-846 Method 5030B (incorporated by reference, see § 63.14), as long as: You do not use a preservative in the collected sample; you store the sample with minimal headspace as cold as possible and at least below 4 degrees C; and you analyze the sample as soon as possible, but in no case longer than 7 days from the time the sample was collected. (2) Unless specified by the Administrator, you may use good engineering judgment rather than the procedures specified in paragraph (c)(1) of this section to determine that the percent ethylene oxide content of the process fluid that is contained in or contacts equipment does not exceed 0.1 percent by weight. (3) You may revise your determination for whether a piece of equipment is in ethylene oxide service by following the procedures in paragraph (c)(1) of this section, or by documenting that a change in the process or raw materials no longer causes the equipment to be in ethylene oxide service. (4) Samples used in determining the ethylene oxide content must be representative of the process fluid that is contained in or contacts the equipment. [85 FR 49146, Aug. 12, 2020, as amended at 89 FR 23870, Apr. 3, 2024] § 63.2493 What requirements must I meet for process vents, storage tanks, or equipment that are in ethylene oxide service? This section applies beginning no later than the compliance dates specified in § 63.2445(i). In order to demonstrate compliance with the emission limits and work practice standards specified in Tables 1, 2, and 4 to this subpart for process vents and storage tanks in ethylene oxide service, you must meet the requirements specified in paragraphs (a) through (c) of this section. In order to demonstrate compliance with the requirements specified in Table 6 to this subpart for equipment in ethylene oxide service, you must meet the requirements specified in paragraphs (d) and (e) of this section. (a) Initial compliance. (1) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a flare as specified in Table 1, 2, or 4 to this subpart, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must conduct the initial visible emissions demonstration required by § 63.670(h) of subpart CC as specified in § 63.2450(e)(5). (2) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a non-flare control device that reduces ethylene oxide by greater than or equal to 99.9 percent by weight as specified in Table 1, 2, or 4 to this subpart, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must comply with paragraphs (a)(2)(i) through (viii) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the percent reduction requirement at the inlet and outlet of the control device. For purposes of compliance with this paragraph (a)(2), you may not use a design evaluation. (ii) Conduct the performance test according to the procedures in §§ 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, appendix A-6, or Method 320 of appendix A to this part to determine the ethylene oxide concentration. Use Method 1 or 1A of 40 CFR part 60, appendix A-1, to select the sampling sites at each sampling location. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. Use Method 4 of 40 CFR part 60, appendix A-3, to convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of ethylene oxide entering the control device and exiting the control device using Equations 1 and 2 to this paragraph (a)(2)(iii). E EtO,inlet EtO,inlet EtO inlet E EtO,outlet EtO,outlet EtO outlet Where: E EtO,inlet EtO,outlet C EtO,inlet EtO,outlet M EtO Q inlet outlet K = Constant, 2.494 × 10−6 (parts per million)−1 (gram-mole per standard cubic meter) (kilogram per gram) (minutes per hour), where standard temperature (gram-mole per standard cubic meter) is 20 °C. (iv) Calculate the percent reduction from the control device using Equation 3 to this paragraph (a)(2)(iv). You have demonstrated initial compliance if the overall reduction of ethylene oxide is greater than or equal to 99.9 percent by weight. Percent reduction = (E EtO,inlet EtO,outlet EtO,inlet Where: E EtO,inlet EtO,outlet (v) If a new control device is installed, then conduct a performance test of the new device following the procedures in paragraphs (a)(2)(i) through (iv) of this section. (vi) If you vent emissions through a closed-vent system to a scrubber with a reactant tank, then you must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vi)(A) through (C) of this section during the performance test. (vi) If you vent emissions through a closed-vent system to a scrubber with a reactant tank, then you must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vi)(A) through (C) of this section during the performance test. (A) Scrubber liquid-to-gas ratio (L/G), determined from the total scrubber liquid inlet flow rate and the exit gas flow rate. Determine the average L/G during the performance test as the average of the test run averages. (B) Scrubber liquid pH of the liquid in the reactant tank. The pH may be measured at any point between the discharge from the scrubber column and the inlet to the reactant tank. Determine the average pH during the performance test as the average of the test run averages. (C) Temperature of the scrubber liquid entering the scrubber column. The temperature may be measured at any point after the heat exchanger and prior to entering the top of the scrubber column. Determine the average inlet scrubber liquid temperature as the average of the test run averages. (vii) If you vent emissions through a closed-vent system to a thermal oxidizer, then you must establish operating parameter limits by monitoring the operating parameters specified in paragraphs (a)(2)(vii)(A) and (B) of this section during the performance test. (A) Combustion chamber temperature. Determine the average combustion chamber temperature during the performance test as the average of the test run averages. (B) Flue gas flow rate. Determine the average flue gas flow rate during the performance test as the average of the test run averages. (viii) If you vent emissions through a closed-vent system to a control device other than a flare, scrubber with a reactant tank, or thermal oxidizer, then you must notify the Administrator of the operating parameters that you plan to monitor during the performance test prior to establishing operating parameter limits for the control device. (viii) If you vent emissions through a closed-vent system to a control device other than a flare, scrubber with a reactant tank, or thermal oxidizer, then you must notify the Administrator of the operating parameters that you plan to monitor during the performance test prior to establishing operating parameter limits for the control device. (3) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a non-flare control device that reduces ethylene oxide to less than 1 ppmv as specified in Table 1, 2, or 4 to this subpart, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must comply with either paragraph (a)(3)(i) or (ii) of this section. (i) Install an FTIR CEMS meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B, to continuously monitor the ethylene oxide concentration at the exit of the control device. Comply with the requirements specified in § 63.2450(j) for your CEMS. (ii) If you do not install a CEMS under paragraph (a)(3)(i) of this section, you must comply with paragraphs (a)(3)(ii)(A) through (C) of this section. (A) Conduct an initial performance test of the control device that is used to comply with the concentration requirement at the outlet of the control device. (B) Conduct the performance test according to the procedures in §§ 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, appendix A-6, or Method 320 of appendix A to this part to determine the ethylene oxide concentration. You have demonstrated initial compliance if the ethylene oxide concentration is less than 1 ppmv. (C) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (4) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a non-flare control device that reduces ethylene oxide to less than 5 pounds per year for all combined process vents as specified in Table 1 or 2 to this subpart, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must comply with paragraphs (a)(4)(i) through (iv) of this section. (i) Conduct an initial performance test of the control device that is used to comply with the mass emission limit requirement at the outlet of the control device. (ii) Conduct the performance test according to the procedures in §§ 63.997 and 63.2450(g). Use Method 18 of 40 CFR part 60, appendix A-6, or Method 320 of appendix A to this part to determine the ethylene oxide concentration. Use Method 1 or 1A of 40 CFR part 60, appendix A-1, to select the sampling site. Determine the gas volumetric flowrate using Method 2, 2A, 2C, or 2D of 40 CFR part 60, appendix A-2. Use Method 4 of 40 CFR part 60, appendix A-3, to convert the volumetric flowrate to a dry basis. (iii) Calculate the mass emission rate of ethylene oxide exiting the control device using Equation 2 to paragraph (a)(2)(iii) of this section. You have demonstrated initial compliance if the ethylene oxide from all process vents (controlled and uncontrolled) is less than 5 pounds per year when combined. (iv) Comply with the requirements specified in paragraphs (a)(2)(v) through (viii) of this section, as applicable. (b) Continuous compliance. (1) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a flare as specified in Table 1, 2, or 4 to this subpart, then you must comply with the requirements in §§ 63.983 and 63.2450(e)(4) through (6). (2) If you choose to reduce emissions of ethylene oxide by venting emissions through a closed-vent system to a non-flare control device that reduces ethylene oxide to less than 1 ppmv as specified in Table 1, 2, or 4 to this subpart, and you choose to comply with paragraph (a)(3)(i) of this section, then continuously monitor the ethylene oxide concentration at the exit of the control device using an FTIR CEMS meeting the requirements of Performance Specification 15 of 40 CFR part 60, appendix B, and § 63.2450(j). If you use an FTIR CEMS, you do not need to conduct the performance testing required in paragraph (b)(3) of this section or the operating parameter monitoring required in paragraphs (b)(4) through (6) of this section. (3) Conduct a performance test no later than 60 months after the previous performance test and reestablish operating parameter limits following the procedures in paragraph (a)(2) through (4) of this section. The Administrator may request a repeat performance test at any time. For purposes of compliance with this paragraph (b)(3), you may not use a design evaluation. (4) If you vent emissions through a closed-vent system to a scrubber with a reactant tank, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must meet the operating parameter limits specified in paragraphs (b)(4)(i) through (v) of this section. (i) Minimum scrubber liquid-to-gas ratio (L/G), equal to the average L/G measured during the most recent performance test. Determine total scrubber liquid inlet flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 1.9 liters per minute (0.5 gallons per minute), whichever is greater. Determine exit gas flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater. Compliance with the minimum L/G operating limit must be determined continuously on a 1-hour block basis. (ii) Maximum scrubber liquid pH of the liquid in the reactant tank, equal to the average pH measured during the most recent performance test. Compliance with the pH operating limit must be determined continuously on a 1-hour block basis. Use a pH sensor with a minimum accuracy of ±0.2 pH units. (iii) Pressure drop across the scrubber column, within the pressure drop range specified by the manufacturer or established based on engineering analysis. Compliance with the pressure drop operating limit must be determined continuously on a 1-hour block basis. Use pressure sensors with a minimum accuracy of ±5 percent over the normal operating range or 0.12 kilopascals, whichever is greater. (iv) Maximum temperature of the scrubber liquid entering the scrubber column, equal to the average temperature measured during the most recent performance test. Compliance with the inlet scrubber liquid temperature operating limit must be determined continuously on a 1-hour block basis. Use a temperature sensor with a minimum accuracy of ±1 percent over the normal range of the temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. (v) Liquid feed pressure to the scrubber column within the feed pressure range specified by the manufacturer or established based on engineering analysis. Compliance with the liquid feed pressure operating limit must be determined continuously on a 1-hour block basis. Use a pressure sensor with a minimum accuracy of ±5 percent over the normal operating range or 0.12 kilopascals, whichever is greater. (5) If you vent emissions through a closed-vent system to a thermal oxidizer, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must meet the operating parameter limits specified in paragraphs (b)(5)(i) and (ii) of this section and the requirements in paragraph (b)(5)(iii) of this section. (i) Minimum combustion chamber temperature, equal to the average combustion chamber temperature measured during the most recent performance test. Determine combustion chamber temperature with a temperature sensor with a minimum accuracy of at least ±1 percent over the normal range of temperature measured, expressed in degrees Celsius, or 2.8 degrees Celsius, whichever is greater. Compliance with the minimum combustion chamber temperature operating limit must be determined continuously on a 1-hour block basis. (ii) Maximum flue gas flow rate, equal to the average flue gas flow rate measured during the most recent performance test. Determine flue gas flow rate with a flow sensor with a minimum accuracy of at least ±5 percent over the normal range of flow measured, or 280 liters per minute (10 cubic feet per minute), whichever is greater. Compliance with the maximum flue gas flow rate operating limit must be determined continuously on a 1-hour block basis. (iii) You must maintain the thermal oxidizer in accordance with good combustion practices that ensure proper combustion. Good combustion practices include, but are not limited to, proper burner maintenance, proper burner alignment, proper fuel to air distribution and mixing, routine inspection, and preventative maintenance. (6) If you vent emissions through a closed-vent system to a control device other than a flare, scrubber with a reactant tank, or thermal oxidizer, then you must comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983, and you must monitor the operating parameters identified in paragraph (a)(2)(viii) of this section and meet the established operating parameter limits to ensure continuous compliance. The frequency of monitoring and averaging time will be determined based upon the information provided to the Administrator. (c) Pressure vessels. (1) The pressure vessel must be designed to operate with no detectable emissions at all times. (2) Monitor each point on the pressure vessel through which ethylene oxide could potentially be emitted by conducting initial and annual performance tests using Method 21 of 40 CFR part 60, appendix A-7. (3) Each instrument reading greater than 500 ppmv is a deviation. (4) Estimate the flow rate and total regulated material emissions from the defect. Assume the pressure vessel has been emitting for half of the time since the last performance test, unless other information supports a different assumption. (5) Whenever ethylene oxide is in the pressure vessel, you must operate the pressure vessel as a closed system that vents through a closed vent system to a control device as specified in paragraphs (c)(5)(i) through (iii) of this section, as applicable. (i) For closed vent systems, comply with § 63.2450(e)(4) and (6) and the requirements in § 63.983. (ii) For a non-flare control device, comply with requirements as specified in paragraph (b) of this section. (iii) For a flare, comply with the requirements of § 63.2450(e)(5). (d) Equipment in ethylene oxide service. (1) For pumps in ethylene oxide service, you must comply with the requirements in paragraphs (d)(1)(i) through (iii) of this section. (i) The instrument reading that defines a leak for pumps is 1,000 parts per million or greater. (ii) The monitoring period for pumps is monthly. (iii) When a leak is detected, it must be repaired as soon as practicable, but not later than 15 calendar days after it is detected. Delay of repair of pumps for which leaks have been detected is allowed for pumps that are isolated from the process and that do not remain in ethylene oxide service. (2) For connectors in ethylene oxide service, you must comply with the requirements in paragraphs (d)(2)(i) through (iii) of this section. (i) The instrument reading that defines a leak for connectors is 500 parts per million or greater. (ii) The monitoring period for connectors is once every 12 months. (iii) When a leak is detected, it must be repaired as soon as practicable, but not later than 15 calendar days after it is detected. Delay of repair of connectors for which leaks have been detected is allowed for connectors that are isolated from the process and that do not remain in ethylene oxide service. (3) For each light liquid pump or connector in ethylene oxide service that is added to an MCPU, and for each light liquid pump or connector in ethylene oxide service that replaces a light liquid pump or connector in ethylene oxide service, you must initially monitor for leaks within 5 days after initial startup of the equipment. (4) Pressure relief devices in ethylene oxide service must comply with the requirements in § 63.2480(e) and (f), except as specified in paragraphs (d)(4)(i) through (v) of this section. (i) The second sentence in § 63.2480(e)(3)(iv) does not apply. (ii) Section 63.2480(e)(3)(v) does not apply. (iii) Section 63.2480(e)(6)(ii) does not apply. (iv) Any release event from an affected pressure relief device is a deviation of the pressure release management work practice standards. (v) Replace all references to § 63.2445(g) with § 63.2445(i). (e) Non-applicable referenced provisions. (1) Section 63.163(c)(3) of subpart H. (2) Section 63.163(e) of subpart H. (3) The second sentence of § 63.181(d)(5)(i) of subpart H. (4) Section 63.1026(b)(3) of subpart UU. (5) Section 63.1026(e) of subpart UU. (6) The phrase “(except during periods of startup, shutdown, or malfunction)” from § 63.1028(e)(1)(i)(A) of subpart UU. (7) The phrase “(except during periods of startup, shutdown, or malfunction)” from § 63.1031(b)(1) of subpart UU. (8) The second sentence of § 65.105(f)(4)(i) of this chapter. (9) Section 65.107(b)(3) of this chapter. (10) Section 65.107(e) of this chapter. (11) The phrase “(except during periods of start-up, shutdown, or malfunction)” from § 65.109(e)(1)(i)(A) of this chapter. (12) The phrase “(except during periods of start-up, shutdown, or malfunction)” from § 65.112(b)(1) of this chapter. (13) The last sentence of § 65.115(b)(1) of this chapter. (14) The last sentence of § 65.115(b)(2) of this chapter. (15) For flares complying with § 63.2450(e)(5), the following provisions do not apply: (i) Section 63.172(d) of subpart H; (ii) Section 63.180(e) of subpart H; (iii) Section 63.181(g)(1)(iii) of subpart H; (iv) The phrase “including periods when a flare pilot light system does not have a flame” from § 63.181(g)(2)(i) of subpart H; (v) Section 63.1034(b)(2)(iii) of subpart H; and (vi) Section 65.115(b)(2) of this chapter. (16) Requirements for maintenance vents in § 63.2450(v). [85 FR 49147, Aug. 12, 2020, as amended at 89 FR 23870, Apr. 4, 2024] Alternative Means of Compliance § 63.2495 How do I comply with the pollution prevention standard? (a) You may elect to comply with the pollution prevention alternative requirements specified in paragraphs (a) (1) and (2) of this section in lieu of the emission limitations and work practice standards contained in Tables 1 through 7 to this subpart for any MCPU for which initial startup occurred before April 4, 2002. (1) You must reduce the production-indexed HAP consumption factor (HAP factor) by at least 65 percent from a 3-year average baseline beginning no earlier than the 1994 through 1996 calendar years. For any reduction in the HAP factor that you achieve by reducing HAP that are also volatile organic compounds (VOC), you must demonstrate an equivalent reduction in the production-indexed VOC consumption factor (VOC factor) on a mass basis. For any reduction in the HAP factor that you achieve by reducing a HAP that is not a VOC, you may not increase the VOC factor. (2) Any MCPU for which you seek to comply by using the pollution prevention alternative must begin with the same starting material(s) and end with the same product(s). You may not comply by eliminating any steps of a process by transferring the step offsite (to another manufacturing location). You may also not merge a solvent recovery step conducted offsite to onsite and as part of an existing process as a method of reducing consumption. (3) You may comply with the requirements of paragraph (a)(1) of this section for a series of processes, including situations where multiple processes are merged, if you demonstrate to the satisfaction of the Administrator that the multiple processes were merged after the baseline period into an existing process or processes. (b) Exclusions. (2) You may not merge nondedicated formulation or nondedicated solvent recovery processes with any other processes. (c) Initial compliance procedures. (1) Demonstration plan. (i) Descriptions of the methodologies and forms used to measure and record consumption of HAP and VOC compounds. (ii) Descriptions of the methodologies and forms used to measure and record production of the product(s). (iii) Supporting documentation for the descriptions provided in accordance with paragraphs (c)(1) (i) and (ii) of this section including, but not limited to, samples of operator log sheets and daily, monthly, and/or annual inventories of materials and products. You must describe how this documentation will be used to calculate the annual factors required in paragraph (d) of this section. (2) Baseline factors. (3) Target annual factors. (d) Continuous compliance requirements. (1) To calculate the annual factors, you must divide the consumption of both total HAP and total VOC by the production rate, per process, for 12-month periods at the frequency specified in either paragraph (d) (2) or (3) of this section, as applicable. (2) For continuous processes, you must calculate the annual factors every 30 days for the 12-month period preceding the 30th day (i.e., annual rolling average calculated every 30 days). A process with both batch and continuous operations is considered a continuous process for the purposes of this section. (3) For batch processes, you must calculate the annual factors every 10 batches for the 12-month period preceding the 10th batch ( i.e., (i) If you produce more than 10 batches during a month, you must calculate the annual factors at least once during that month. (ii) If you produce less than 10 batches in a 12-month period, you must calculate the annual factors for the number of batches in the 12-month period since the previous calculations. (e) Records. (f) Reporting. (2) You must identify all days when the annual factors were above the target factors in the compliance reports. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40336, July 14, 2006; 85 FR 49150, Aug. 12, 2020] § 63.2500 How do I comply with emissions averaging? (a) For an existing source, you may elect to comply with the percent reduction emission limitations in Tables 1, 2, 4, 5, and 7 to this subpart by complying with the emissions averaging provisions specified in § 63.150, except as specified in paragraphs (b) through (g) of this section. (b) The batch process vents in an MCPU collectively are considered one individual emission point for the purposes of emissions averaging, except that only individual batch process vents must be excluded to meet the requirements of § 63.150(d)(5). (c) References in § 63.150 to §§ 63.112 through 63.130 mean the corresponding requirements in §§ 63.2450 through 63.2490, including applicable monitoring, recordkeeping, and reporting. (d) References to “periodic reports” in § 63.150 mean “compliance report” for the purposes of this subpart. (e) For batch process vents, estimate uncontrolled emissions for a standard batch using the procedures in § 63.1257(d)(2)(i) and (ii) instead of the procedures in § 63.150(g)(2). Multiply the calculated emissions per batch by the number of batches per month when calculating the monthly emissions for use in calculating debits and credits. (f) References to “storage vessels” in § 63.150 mean “storage tank” as defined in § 63.2550 for the purposes of this subpart. (g) Beginning no later than the compliance dates specified in § 63.2445(g), § 63.150(f)(2) does not apply when demonstrating compliance with this section. [68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49150, Aug. 12, 2020] § 63.2505 How do I comply with the alternative standard? As an alternative to complying with the emission limits and work practice standards for process vents and storage tanks in Tables 1 through 4 to this subpart and the requirements in §§ 63.2455 through 63.2470, you may comply with the emission limits in paragraph (a) of this section and demonstrate compliance in accordance with the requirements in paragraph (b) of this section. (a) Emission limits and work practice standards. (i) If you use a combustion control device, it must reduce HAP emissions as specified in paragraphs (a)(1)(i)(A), (B), and (C) of this section. (A) To an outlet TOC concentration of 20 parts per million by volume (ppmv) or less. (B) To an outlet concentration of hydrogen halide and halogen HAP of 20 ppmv or less. (C) As an alternative to paragraph (a)(1)(i)(B) of this section, if you control halogenated vent streams emitted from a combustion device followed by a scrubber, reduce the hydrogen halide and halogen HAP generated in the combustion device by greater than or equal to 95 percent by weight in the scrubber. (ii) If you use a noncombustion control device(s), it must reduce HAP emissions to an outlet total organic HAP concentration of 50 ppmv or less, and an outlet concentration of hydrogen halide and halogen HAP of 50 ppmv or less. (2) Any Group 1 process vents within a process that are not controlled according to this alternative standard must be controlled according to the emission limits in tables 1 through 3 to this subpart. (b) Compliance requirements. (1) You must comply with the requirements in § 63.2450(e)(4) and (6), and the requirements in § 63.983 and the requirements referenced therein for closed-vent systems, except if you are not reducing organic HAP emissions by venting emissions through a closed-vent system to any combination of control devices, including a flare or recovery device, you are not required to comply with the requirements in § 63.983(b)(1)(i)(A), (b)(1)(ii), (c), (d)(1)(ii), and (d)(2) and (3). (2) When § 63.1258(b)(5)(i) refers to §§ 63.1253(d) and 63.1254(c), the requirements in paragraph (a) of this section apply for the purposes of this subpart FFFF. (3) When § 63.1258(b)(5)(i)(B) refers to “HCl,” it means “total hydrogen halide and halogen HAP” for the purposes of this subpart FFFF. (4) When § 63.1258(b)(5)(ii) refers to § 63.1257(a)(3), it means § 63.2450(j)(5) for the purposes of this subpart FFFF. (5) You must submit the results of any determination of the target analytes of predominant HAP in the notification of compliance status report. (6) If you elect to comply with the requirement to reduce hydrogen halide and halogen HAP by greater than or equal to 95 percent by weight in paragraph (a)(1)(i)(C) of this section, you must meet the requirements in paragraphs (b)(6)(i) and (ii) of this section. (i) Demonstrate initial compliance with the 95-percent reduction by conducting a performance test and setting a site-specific operating limit(s) for the scrubber in accordance with the requirements in § 63.2450(e)(4) and the requirements of § 63.994 and the requirements referenced therein. You must submit the results of the initial compliance demonstration in the notification of compliance status report. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with § 63.2520(f), the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (ii) Install, operate, and maintain CPMS for the scrubber as specified in §§ 63.994(c) and 63.2450(k), instead of as specified in § 63.1258(b)(5)(i)(C). You must also comply with the requirements in § 63.2450(e)(4), as applicable. (7) If flow to the scrubber could be intermittent, you must install, calibrate, and operate a flow indicator as specified in § 63.2460(c)(7). (8) Use the operating day as the averaging period for CEMS data and scrubber parameter monitoring data. (9) The requirements in paragraph (a) of this section do not apply to emissions from storage tanks during periods of planned routine maintenance of the control device that do not exceed 240 hr/yr. You may submit an application to the Administrator requesting an extension of this time limit to a total of 360 hr/yr in accordance with the procedures specified in § 63.2470(d). You must comply with the recordkeeping and reporting specified in §§ 63.998(d)(2)(ii) and 63.999(c)(4) for periods of planned routine maintenance. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38559, July 1, 2005; 85 FR 49150, Aug. 12, 2020] Notification, Reports, and Records § 63.2515 What notifications must I submit and when? (a) General. (b) Initial notification. (2) As specified in § 63.9(b)(3), if you startup your new affected source on or after November 10, 2003, you must submit an initial notification not later than 120 calendar days after you become subject to this subpart. (c) Notification of performance test. (d) Supplement to Notification of Compliance Status. [68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49150, Aug. 12, 2020; 85 FR 73903, Nov. 19, 2020; 89 FR 23870, Apr. 4, 2024] § 63.2520 What reports must I submit and when? (a) You must submit each report in Table 11 to this subpart that applies to you. (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report by the date in table 11 to this subpart and according to paragraphs (b)(1) through (5) of this section. (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.2445 and ending on June 30 or December 31, whichever date is the first date following the end of the first 6 months after the compliance date that is specified for your affected source in § 63.2445. (2) The first compliance report must be postmarked or delivered no later than August 31 or February 28, whichever date is the first date following the end of the first reporting period specified in paragraph (b)(1) of this section. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than August 31 or February 28, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) Precompliance report. (1) Requests for approval to set operating limits for parameters other than those specified in §§ 63.2455 through 63.2485 and referenced therein. Alternatively, you may make these requests according to § 63.8(f). (2) Descriptions of daily or per batch demonstrations to verify that control devices subject to § 63.2450(k)(6) are operating as designed. (3) A description of the test conditions, data, calculations, and other information used to establish operating limits according to § 63.2460(c)(3). (4) Data and rationale used to support an engineering assessment to calculate uncontrolled emissions in accordance with § 63.1257(d)(2)(ii). This requirement does not apply to calculations of hydrogen halide and halogen HAP emissions as specified in § 63.2465(b), to determinations that the total HAP concentration is less than 50 ppmv, or if you use previous test data to establish the uncontrolled emissions. (5) The pollution prevention demonstration plan required in § 63.2495(c)(1), if you are complying with the pollution prevention alternative. (6) Documentation of the practices that you will implement to minimize HAP emissions from streams that contain energetics and organic peroxides, and rationale for why meeting the emission limit specified in tables 1 through 7 to this subpart would create an undue safety hazard. (7) For fabric filters that are monitored with bag leak detectors, an operation and maintenance plan that describes proper operation and maintenance procedures, and a corrective action plan that describes corrective actions to be taken, and the timing of those actions, when the PM concentration exceeds the set point and activates the alarm. (8) For halogen reduction device other than a scrubber, procedures for establishing monitoring parameters as required by § 63.2450(e)(3)(ii). (d) Notification of compliance status report. (1) You must submit the notification of compliance status report no later than 150 days after the applicable compliance date specified in § 63.2445. (2) The notification of compliance status report must include the information in paragraphs (d)(2)(i) through (ix) of this section. (i) The results of any applicability determinations, emission calculations, or analyses used to identify and quantify HAP usage or HAP emissions from the affected source. (ii) The results of emissions profiles, performance tests, engineering analyses, design evaluations, flare compliance assessments, inspections and repairs, and calculations used to demonstrate initial compliance according to §§ 63.2455 through 63.2485. For performance tests, results must include descriptions of sampling and analysis procedures and quality assurance procedures. If the performance test report is submitted electronically through the EPA's CEDRI in accordance with paragraph (f) of this section, the process unit(s) tested, the pollutant(s) tested, and the date that such performance test was conducted may be submitted in the notification of compliance status report in lieu of the performance test results. The performance test results must be submitted to CEDRI by the date the notification of compliance status report is submitted. (iii) Descriptions of monitoring devices, monitoring frequencies, and the operating limits established during the initial compliance demonstrations, including data and calculations to support the levels you establish. (iv) All operating scenarios. (v) Descriptions of worst-case operating and/or testing conditions for control devices. (vi) Identification of parts of the affected source subject to overlapping requirements described in § 63.2535 and the authority under which you will comply. (vii) The information specified in § 63.1039(a)(1) through (3) for each process subject to the work practice standards for equipment leaks in Table 6 to this subpart. (viii) Identify storage tanks for which you are complying with the vapor balancing alternative in § 63.2470(e). (ix) Records as specified in § 63.2535(l)(1) through (3) of process units used to create a PUG and calculations of the initial primary product of the PUG. (3) For flares subject to the requirements of § 63.2450(e)(5), you must also submit the information in this paragraph (d)(3) in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for flare monitoring. In lieu of the information required in § 63.987(b) of subpart SS, the supplement to the Notification of Compliance Status must include flare design ( e.g., (4) For pressure relief devices subject to the pressure release management work practice standards in § 63.2480(e)(3), you must also submit the information listed in paragraphs (d)(4)(i) and (ii) of this section in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date for pressure relief device monitoring. (i) A description of the monitoring system to be implemented, including the relief devices and process parameters to be monitored, and a description of the alarms or other methods by which operators will be notified of a pressure release. (ii) A description of the prevention measures to be implemented for each affected pressure relief device. (5) For process vents, storage tanks, and equipment leaks subject to the requirements of § 63.2493, you must also submit the information in this paragraph (d)(5) in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. The supplement to the Notification of Compliance Status must identify all process vents, storage tanks, and equipment that are in ethylene oxide service as defined in § 63.2550, the method(s) used to control ethylene oxide emissions from each process vent and storage tank ( i.e., i.e., (i) For process vents, include all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations you used to determine the total uncontrolled ethylene oxide mass emission rate for the sum of all vent gas streams. (ii) For storage tanks, include the concentration of ethylene oxide of the fluid stored in each storage tank. (iii) For equipment, include the percent ethylene oxide content of the process fluid and the method used to determine it. (6) For adsorbers subject to the requirements of § 63.2450(e)(7), you must also submit the information listed in paragraphs (d)(6)(i) and (ii) of this section in a supplement to the Notification of Compliance Status within 150 days after the first applicable compliance date. (i) Whether the adsorber cannot be regenerated or is a regenerative adsorber(s) that is regenerated off site. (ii) The breakthrough limit and adsorber bed life established during the initial performance test or design evaluation of the adsorber. (e) Compliance report. https://www.epa.gov/electronic-reporting-air-emissions/cedri (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report. If your report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirement in this paragraph (e)(2). (3) Date of report and beginning and ending dates of the reporting period. You are no longer required to provide the date of report when the report is submitted via CEDRI. (4) For each SSM during which excess emissions occur, the compliance report must include records that the procedures specified in your startup, shutdown, and malfunction plan (SSMP) were followed or documentation of actions taken that are not consistent with the SSMP, and include a brief description of each malfunction. On and after August 12, 2023, this paragraph (e)(4) no longer applies; however, for historical compliance purposes, a copy of the plan must be retained and available on-site for five years after August 12, 2023. (5) The compliance report must contain the information on deviations, as defined in § 63.2550, according to paragraphs (e)(5)(i), (ii), (iii), and (iv) of this section. (i) If there are no deviations from any emission limit, operating limit or work practice standard specified in this subpart, include a statement that there were no deviations from the emission limits, operating limits, or work practice standards during the reporting period. (ii) For each deviation from an emission limit, operating limit, and work practice standard that occurs at an affected source where you are not using a continuous monitoring system (CMS) to comply with the emission limit or work practice standard in this subpart, you must include the information in paragraphs (e)(5)(ii)(A) through (D) of this section. This includes periods of SSM. (A) The total operating time in hours of the affected source during the reporting period. (B) Except as specified in paragraph (e)(5)(ii)(D) of this section, information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (C) Operating logs of processes with batch vents from batch operations for the day(s) during which the deviation occurred, except operating logs are not required for deviations of the work practice standards for equipment leaks. (D) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (e)(5)(ii)(B) of this section no longer applies. Instead, report information for each deviation to meet an applicable standard. For each instance, report the start date, start time, and duration in hours of each deviation. For each deviation, the report must include a list of the affected sources or equipment, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, the cause of the deviation (including unknown cause, if applicable), as applicable, and the corrective action taken. (iii) For each deviation from an emission limit or operating limit occurring at an affected source where you are using a CMS to comply with an emission limit in this subpart, you must include the information in paragraphs (e)(5)(iii)(A) through (N) of this section. This includes periods of SSM. (A) The start date, start time, and duration in hours that each CMS was inoperative, except for zero (low-level) and high-level checks. (B) The start date, start time, and duration in hours that each CEMS was out-of-control and a description of the corrective actions taken. (C) Except as specified in paragraph (e)(5)(iii)(M) of this section, the date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (D) The total duration in hours of all deviations for each CMS during the reporting period, the total operating time in hours of the affected source during the reporting period, and the total duration as a percent of the total operating time of the affected source during that reporting period. (E) Except as specified in paragraph (e)(5)(iii)(N) of this section, a breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (F) The total duration in hours of CMS downtime for each CMS during the reporting period, and the total duration of CMS downtime as a percent of the total operating time of the affected source during that reporting period. (G) An identification of each HAP that is known to be in the emission stream. (H) A brief description of the process units. (I) The monitoring equipment manufacturer(s) and model number(s) and the pollutant or parameter monitored. (J) The date of the latest CMS certification or audit. (K) Operating logs of processes with batch vents from batch operations for each day(s) during which the deviation occurred. (L) The operating day or operating block average values of monitored parameters for each day(s) during which the deviation occurred. (M) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (e)(5)(iii)(C) of this section no longer applies. Instead, report the number of deviation to meet an applicable standard. For each instance, report the start date, start time and duration in hours of each deviation. For each deviation, the report must include a list of the affected sources or equipment, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, a description of the method used to estimate the emissions, and the cause of the deviation (including unknown cause, if applicable), as applicable, and the corrective action taken. (N) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (e)(5)(iii)(E) of this section no longer applies. Instead, report a breakdown of the total duration in hours of the deviations during the reporting period into those that are due control equipment problems, process problems, other known causes, and other unknown causes. (iv) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non-reactive HAP is the only HAP and usage is less than 10,000 lb/yr, the total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, or total uncontrolled hydrogen halide and halogen HAP emissions from all batch process vents and continuous process vents in a process are less than 1,000 lb/yr, include the records associated with each calculation required by § 63.2525(e) that exceeds an applicable HAP usage or emissions threshold. (6) If you use a CEMS, and there were no periods during which it was out-of-control as specified in § 63.8(c)(7), include a statement that there were no periods during which the CEMS was out-of-control during the reporting period. (7) Include each new operating scenario which has been operated since the time period covered by the last compliance report and has not been submitted in the notification of compliance status report or a previous compliance report. For each new operating scenario, you must report the information specified in § 63.2525(b) and provide verification that the operating conditions for any associated control or treatment device have not been exceeded and that any required calculations and engineering analyses have been performed. For the purposes of this paragraph (e)(7), a revised operating scenario for an existing process is considered to be a new operating scenario. (8) For process units added to a PUG, you must report the description and rationale specified in § 63.2525(i)(4). You must report your primary product redeterminations specified in § 63.2525(i)(5). (9) Except as specified in §§ 63.2450(e)(4), 63.2480(f), and 63.2485(p) and (q) and paragraph (t) of this section, applicable records and information for periodic reports as specified in referenced subparts F, G, H, SS, UU, WW, and GGG of this part and subpart F of 40 CFR part 65. (10) Except as specified in paragraph (e)(10)(ii) of this section, whenever you make a process change, or change any of the information submitted in the notification of compliance status report or a previous compliance report, that is not within the scope of an existing operating scenario, you must document the change in your compliance report. A process change does not include moving within a range of conditions identified in the standard batch, and a nonstandard batch does not constitute a process change. (i) The notification must include all of the information in paragraphs (e)(10)(i)(A) through (C) of this section. (A) A description of the process change. (B) Revisions to any of the information reported in the original notification of compliance status report under paragraph (d) of this section. (C) Information required by the notification of compliance status report under paragraph (d) of this section for changes involving the addition of processes or equipment at the affected source. (ii) You must submit a report 60 days before the scheduled implementation date of any of the changes identified in paragraph (e)(10)(ii)(A), (B), or (C) of this section. (A) Any change to the information contained in the precompliance report. (B) A change in the status of a control device from small to large. (C) A change from Group 2 to Group 1 for any emission point except for batch process vents that meet the conditions specified in § 63.2460(b)(6)(i). (11) For each flare subject to the requirements in § 63.2450(e)(5), the compliance report must include the items specified in paragraphs (e)(11)(i) through (vi) of this section in lieu of the information required in § 63.999(c)(3) of subpart SS. (i) Records as specified in § 63.2525(m)(1) for each 15-minute block during which there was at least one minute when regulated material is routed to a flare and no pilot flame or flare flame is present. Include the start and stop time and date of each 15-minute block. (ii) Visible emission records as specified in § 63.2525(m)(2)(iv) for each period of 2 consecutive hours during which visible emissions exceeded a total of 5 minutes. (iii) The periods specified in § 63.2525(m)(6). Indicate the date and start and end times for each period, and the net heating value operating parameter(s) determined following the methods in § 63.670(k) through (n) of subpart CC as applicable. (iv) For flaring events meeting the criteria in §§ 63.670(o)(3) of subpart CC and 63.2450(e)(5)(v): (A) The start and stop time and date of the flaring event. (B) The length of time in minutes for which emissions were visible from the flare during the event. (C) For steam-assisted, air-assisted, and non-assisted flares, the start date, start time, and duration in minutes for periods of time that the flare tip velocity exceeds the maximum flare tip velocity determined using the methods in § 63.670(d)(2) of subpart CC and the maximum 15-minute block average flare tip velocity in ft/sec recorded during the event. (D) Results of the root cause and corrective actions analysis completed during the reporting period, including the corrective actions implemented during the reporting period and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (v) For pressure-assisted multi-point flares, the periods of time when the pressure monitor(s) on the main flare header show the burners operating outside the range of the manufacturer's specifications. Indicate the date and start and end times for each period. (vi) For pressure-assisted multi-point flares, the periods of time when the staging valve position indicator monitoring system indicates a stage should not be in operation and is or when a stage should be in operation and is not. Indicate the date and start and end times for each period. (12) For bypass lines subject to the requirements § 63.2450(e)(6), the compliance report must include the start date, start time, duration in hours, estimate of the volume of gas in standard cubic feet, the concentration of organic HAP in the gas in parts per million by volume and the resulting mass emissions of organic HAP in pounds that bypass a control device. For periods when the flow indicator is not operating, report the start date, start time, and duration in hours. (13) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.2450(e)(7), you must report the date of each instance when breakthrough, as defined in § 63.2550(i), is detected between the first and second adsorber and the adsorber is not replaced according to § 63.2450(e)(7)(iii)(A). (14) For any maintenance vent release exceeding the applicable limits in § 63.2450(v)(1), the compliance report must include the information specified in paragraphs (e)(14)(i) through (iv) of this section. For the purposes of this reporting requirement, if you comply with § 63.2450(v)(1)(iv) then you must report each venting event conducted under those provisions and include an explanation for each event as to why utilization of this alternative was required. (i) Identification of the maintenance vent and the equipment served by the maintenance vent. (ii) The date and time the maintenance vent was opened to the atmosphere. (iii) The lower explosive limit in percent, vessel pressure in psig, or mass in pounds of VOC in the equipment, as applicable, at the start of atmospheric venting. If the 5 psig vessel pressure option in § 63.2450(v)(1)(ii) was used and active purging was initiated while the concentration of the vapor was 10 percent or greater of its LEL, also include the concentration of the vapors at the time active purging was initiated. (iv) An estimate of the mass in pounds of organic HAP released during the entire atmospheric venting event. (15) Compliance reports for pressure relief devices subject to the requirements § 63.2480(e) must include the information specified in paragraphs (e)(15)(i) through (iii) of this section. (i) For pressure relief devices in organic HAP gas or vapor service, pursuant to § 63.2480(e)(1), report the instrument readings and dates for all readings of 500 ppmv or greater. (ii) For pressure relief devices in organic HAP gas or vapor service subject to § 63.2480(e)(2), report the instrument readings and dates of instrument monitoring conducted. (iii) For pressure relief devices in organic HAP service subject to § 63.2480(e)(3), report each pressure release to the atmosphere, including the start date, start time, and duration in minutes of the pressure release and an estimate of the mass quantity in pounds of each organic HAP released; the results of any root cause analysis and corrective action analysis completed during the reporting period, including the corrective actions implemented during the reporting period; and, if applicable, the implementation schedule for planned corrective actions to be implemented subsequent to the reporting period. (16) For each heat exchange system subject to § 63.2490(d) or (e), beginning no later than the compliance dates specified in § 63.2445(g), the reporting requirements of § 63.104(f)(2) no longer apply; instead, the compliance report must include the information specified in paragraphs (e)(16)(i) through (v) of this section. (i) The number of heat exchange systems at the plant site subject to the monitoring requirements in § 63.2490(d) or (e) during the reporting period; (ii) The number of heat exchange systems subject to the monitoring requirements in § 63.2490(d) or (e) at the plant site found to be leaking during the reporting period; (iii) For each monitoring location where a leak was identified during the reporting period, identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)), the date the leak was first identified, and, if applicable, the date the source of the leak was identified; (iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)) measured during re-monitoring to verify repair, and the re-monitoring date ( i.e., (v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)) and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate in pounds of the potential total hydrocarbon emissions or monitored substance(s) emissions over the reporting period associated with the delayed repair. (16) For each heat exchange system subject to § 63.2490(d) or (e), beginning no later than the compliance dates specified in § 63.2445(g), the reporting requirements of § 63.104(f)(2) no longer apply; instead, the compliance report must include the information specified in paragraphs (e)(16)(i) through (v) of this section. (i) The number of heat exchange systems at the plant site subject to the monitoring requirements in § 63.2490(d) or (e) during the reporting period; (ii) The number of heat exchange systems subject to the monitoring requirements in § 63.2490(d) or (e) at the plant site found to be leaking during the reporting period; (iii) For each monitoring location where a leak was identified during the reporting period, identification of the monitoring location (e.g., unique monitoring location or heat exchange system ID number), the measured total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)), the date the leak was first identified, and, if applicable, the date the source of the leak was identified; (iv) For leaks that were repaired during the reporting period (including delayed repairs), identification of the monitoring location associated with the repaired leak, the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)) measured during re-monitoring to verify repair, and the re-monitoring date ( i.e., (v) For each delayed repair, identification of the monitoring location associated with the leak for which repair is delayed, the date when the delay of repair began, the date the repair is expected to be completed (if the leak is not repaired during the reporting period), the total strippable hydrocarbon concentration or total hydrocarbon mass emissions rate (if complying with § 63.2490(d)) or the measured concentration of the monitored substance(s) (if complying with § 63.2490(e)) and date of each monitoring event conducted on the delayed repair during the reporting period, and an estimate in pounds of the potential total hydrocarbon emissions or monitored substance(s) emissions over the reporting period associated with the delayed repair. (17) For process vents and storage tanks in ethylene oxide service subject to the requirements of § 63.2493, the compliance report must include: (i) The periods specified in § 63.2525(s)(4). Indicate the date and start and end times for each period. (ii) If you obtain an instrument reading greater than 500 ppmv of a leak when monitoring a pressure vessel in accordance with § 63.2493(c)(2), submit a copy of the records specified in § 63.2525(s)(5)(ii). (iii) Reports for equipment subject to the requirements of § 63.2493 as specified in paragraph (e)(9) of this section. (f) Performance test reports. https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert (g) CEMS relative accuracy test audit (RATA) Performance evaluation reports. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40336, July 14, 2006; 85 FR 49150, Aug. 12, 2020; 89 FR 23871, Apr. 4, 2024] § 63.2525 What records must I keep? You must keep the records specified in paragraphs (a) through (t) of this section. (a) Except as specified in §§ 63.2450(e)(4), 63.2480(f), and 63.2485(p) and (q) and paragraph (t) of this section, each applicable record required by subpart A of this part and in referenced subparts F, G, SS, UU, WW, and GGG of this part and in referenced subpart F of 40 CFR part 65. (b) Records of each operating scenario as specified in paragraphs (b)(1) through (8) of this section. (1) A description of the process and the type of process equipment used. (2) An identification of related process vents, including their associated emissions episodes if not complying with the alternative standard in § 63.2505; wastewater point of determination (POD); storage tanks; and transfer racks. (3) The applicable control requirements of this subpart, including the level of required control, and for vents, the level of control for each vent. (4) The control device or treatment process used, as applicable, including a description of operating and/or testing conditions for any associated control device. (5) The process vents, wastewater POD, transfer racks, and storage tanks (including those from other processes) that are simultaneously routed to the control device or treatment process(s). (6) The applicable monitoring requirements of this subpart and any parametric level that assures compliance for all emissions routed to the control device or treatment process. (7) Calculations and engineering analyses required to demonstrate compliance. (8) For reporting purposes, a change to any of these elements not previously reported, except for paragraph (b)(5) of this section, constitutes a new operating scenario. (c) A schedule or log of operating scenarios for processes with batch vents from batch operations updated each time a different operating scenario is put into effect. (d) The information specified in paragraphs (d)(1) and (2) of this section for Group 1 batch process vents in compliance with a percent reduction emission limit in Table 2 to this subpart if some of the vents are controlled to less the percent reduction requirement. (1) Records of whether each batch operated was considered a standard batch. (2) The estimated uncontrolled and controlled emissions for each batch that is considered to be a nonstandard batch. (e) The information specified in paragraph (e)(2), (3), or (4) of this section, as applicable, for each process with Group 2 batch process vents or uncontrolled hydrogen halide and halogen HAP emissions from the sum of all batch and continuous process vents less than 1,000 lb/yr. No records are required for situations described in paragraph (e)(1) of this section. (1) No records are required if you documented in your notification of compliance status report that the MCPU meets any of the situations described in paragraph (e)(1)(i), (ii), or (iii) of this section. (i) The MCPU does not process, use, or generate HAP. (ii) You control the Group 2 batch process vents using a flare that meets the requirements of § 63.987 or § 63.2450(e)(5), as applicable. (iii) You control the Group 2 batch process vents using a control device for which your determination of worst case for initial compliance includes the contribution of all Group 2 batch process vents. (2) If you documented in your notification of compliance status report that an MCPU has Group 2 batch process vents because the non-reactive organic HAP is the only HAP and usage is less than 10,000 lb/yr, as specified in § 63.2460(b)(7), you must keep records of the amount of HAP material used, and calculate the daily rolling annual sum of the amount used no less frequently than monthly. If a record indicates usage exceeds 10,000 lb/yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only usage if the usage during the year is less than 10,000 lb. (3) If you documented in your notification of compliance status report that total uncontrolled organic HAP emissions from the batch process vents in an MCPU will be less than 1,000 lb/yr for the anticipated number of standard batches, then you must keep records of the number of batches operated and calculate a daily rolling annual sum of batches operated no less frequently than monthly. If the number of batches operated results in organic HAP emissions that exceed 1,000 lb/yr, you must estimate emissions for the preceding 12 months based on the number of batches operated and the estimated emissions for a standard batch, and you must begin recordkeeping as specified in paragraph (e)(4) of this section. After 1 year, you may revert to recording only the number of batches if the number of batches operated during the year results in less than 1,000 lb of organic HAP emissions. (4) If you meet none of the conditions specified in paragraphs (e)(1) through (3) of this section, you must keep records of the information specified in paragraphs (e)(4)(i) through (iv) of this section. (i) A record of the day each batch was completed and/or the operating hours per day for continuous operations with hydrogen halide and halogen emissions. (ii) A record of whether each batch operated was considered a standard batch. (iii) The estimated uncontrolled and controlled emissions for each batch that is considered to be a nonstandard batch. (iv) Records of the daily 365-day rolling summations of emissions, or alternative records that correlate to the emissions (e.g., number of batches), calculated no less frequently than monthly. (f) A record of each time a safety device is opened to avoid unsafe conditions in accordance with § 63.2450(p). (g) Records of the results of each CPMS calibration check and the maintenance performed, as specified in § 63.2450(k)(1). (h) Except as specified in paragraph (l) of this section, for each CEMS, you must keep records of the date and time that each deviation started and stopped, and whether the deviation occurred during a period of startup, shutdown, or malfunction or during another period. (i) For each PUG, you must keep records specified in paragraphs (i)(1) through (5) of this section. (1) Descriptions of the MCPU and other process units in the initial PUG required by § 63.2535(l)(1)(v). (2) Rationale for including each MCPU and other process unit in the initial PUG ( i.e., (3) Calculations used to determine the primary product for the initial PUG required by § 63.2535(l)(2)(iv). (4) Descriptions of process units added to the PUG after the creation date and rationale for including the additional process units in the PUG as required by § 63.2535(l)(1)(v). (5) The calculation of each primary product redetermination required by § 63.2535(l)(2)(iv). (j) In the SSMP required by § 63.6(e)(3) of subpart A, you are not required to include Group 2 emission points, unless those emission points are used in an emissions average. For equipment leaks, the SSMP requirement is limited to control devices and is optional for other equipment. On and after August 12, 2023, this paragraph (j) no longer applies. (k) For each bag leak detector used to monitor PM HAP emissions from a fabric filter, maintain records of any bag leak detection alarm, including the date and time, with a brief explanation of the cause of the alarm and the corrective action taken. (l) Beginning no later than the compliance dates specified in § 63.2445(g), paragraph (h) of this section no longer applies. Instead, for each deviation from an emission limit, operating limit, or work practice standard, you must keep a record of the information specified in paragraph (l)(1) through (3) of this section. The records shall be maintained as specified in § 63.10(b)(1) of subpart A. (1) In the event that an affected unit does not meet an applicable standard, record the number of deviations. For each deviation record the date, time, and duration of each deviation. (2) For each deviation from an applicable standard, record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit and a description of the method used to estimate the emissions. (3) Record actions taken to minimize emissions in accordance with § 63.2450(u) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (m) For each flare subject to the requirements in § 63.2450(e)(5), you must keep records specified in paragraphs (m)(1) through (14) of this section in lieu of the information required in § 63.998(a)(1) of subpart SS. (1) Retain records of the output of the monitoring device used to detect the presence of a pilot flame or flare flame as required in § 63.670(b) of subpart CC and the presence of a pilot flame as required in § 63.2450(e)(5)(viii)(D) for a minimum of 2 years. Retain records of each 15-minute block during which there was at least one minute that no pilot flame or flare flame is present when regulated material is routed to a flare for a minimum of 5 years. For a pressure-assisted multi-point flare that uses cross-lighting, retain records of each 15-minute block during which there was at least one minute that no pilot flame is present on each stage when regulated material is routed to a flare for a minimum of 5 years. You may reduce the collected minute-by-minute data to a 15-minute block basis with an indication of whether there was at least one minute where no pilot flame or flare flame was present. (2) Retain records of daily visible emissions observations as specified in paragraphs (m)(2)(i) through (iv) of this section, as applicable, for a minimum of 3 years. (i) To determine when visible emissions observations are required, the record must identify all periods when regulated material is vented to the flare. (ii) If visible emissions observations are performed using Method 22 of 40 CFR part 60, appendix A-7, then the record must identify whether the visible emissions observation was performed, the results of each observation, total duration of observed visible emissions, and whether it was a 5-minute or 2-hour observation. Record the date and start time of each visible emissions observation. (iii) If a video surveillance camera is used pursuant to § 63.670(h)(2) of subpart CC, then the record must include all video surveillance images recorded, with time and date stamps. (iv) For each 2 hour period for which visible emissions are observed for more than 5 minutes in 2 consecutive hours, then the record must include the date and start and end time of the 2 hour period and an estimate of the cumulative number of minutes in the 2 hour period for which emissions were visible. (3) The 15-minute block average cumulative flows for flare vent gas and, if applicable, total steam, perimeter assist air, and premix assist air specified to be monitored under § 63.670(i) of subpart CC, along with the date and time interval for the 15-minute block. If multiple monitoring locations are used to determine cumulative vent gas flow, total steam, perimeter assist air, and premix assist air, then retain records of the 15-minute block average flows for each monitoring location for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. If pressure and temperature monitoring is used, then retain records of the 15-minute block average temperature, pressure, and molecular weight of the flare vent gas or assist gas stream for each measurement location used to determine the 15-minute block average cumulative flows for a minimum of 2 years, and retain the 15-minute block average cumulative flows that are used in subsequent calculations for a minimum of 5 years. (4) The flare vent gas compositions specified to be monitored under § 63.670(j) of subpart CC. Retain records of individual component concentrations from each compositional analysis for a minimum of 2 years. If an NHVvg analyzer is used, retain records of the 15-minute block average values for a minimum of 5 years. (5) Each 15-minute block average operating parameter calculated following the methods specified in § 63.670(k) through (n) of subpart CC, as applicable. (6) All periods during which operating values are outside of the applicable operating limits specified in §§ 63.670(d) through (f) of subpart CC and 63.2450(e)(5)(viii) when regulated material is being routed to the flare. (7) All periods during which you do not perform flare monitoring according to the procedures in § 63.670(g) through (j) of subpart CC. (8) For pressure-assisted multi-point flares, if a stage of burners on the flare uses cross-lighting, then a record of any changes made to the distance between burners. (9) For pressure-assisted multi-point flares, all periods when the pressure monitor(s) on the main flare header show burners are operating outside the range of the manufacturer's specifications. Indicate the date and time for each period, the pressure measurement, the stage(s) and number of burners affected, and the range of manufacturer's specifications. (10) For pressure-assisted multi-point flares, all periods when the staging valve position indicator monitoring system indicates a stage of the pressure-assisted multi-point flare should not be in operation and when a stage of the pressure-assisted multi-point flare should be in operation and is not. Indicate the date and time for each period, whether the stage was supposed to be open, but was closed or vice versa, and the stage(s) and number of burners affected. (11) Records of periods when there is flow of vent gas to the flare, but when there is no flow of regulated material to the flare, including the start and stop time and dates of periods of no regulated material flow. (12) Records when the flow of vent gas exceeds the smokeless capacity of the flare, including start and stop time and dates of the flaring event. (13) Records of the root cause analysis and corrective action analysis conducted as required in §§ 63.670(o)(3) of subpart CC and 63.2450(e)(5)(v), including an identification of the affected flare, the date and duration of the event, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.670(o)(5)(i) of subpart CC. (14) For any corrective action analysis for which implementation of corrective actions are required in § 63.670(o)(5) of subpart CC, a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (n) For each flow event from a bypass line subject to the requirements in § 63.2450(e)(6), you must maintain records sufficient to determine whether or not the detected flow included flow requiring control. For each flow event from a bypass line requiring control that is released either directly to the atmosphere or to a control device not meeting the requirements specified in Tables 1 through 7 to this subpart, you must include an estimate of the volume of gas, the concentration of organic HAP in the gas and the resulting emissions of organic HAP that bypassed the control device using process knowledge and engineering estimates. (o) For each nonregenerative adsorber and regenerative adsorber that is regenerated offsite subject to the requirements in § 63.2450(e)(7), you must keep the applicable records specified in paragraphs (o)(1) through (3) of this section. (1) Breakthrough limit and bed life established according to § 63.2450(e)(7)(i). (2) Each outlet HAP or TOC concentration measured according to §§ 63.2450(e)(7)(ii) and (e)(7)(iii). (3) Date and time you last replaced the adsorbent. (p) For each maintenance vent opening subject to the requirements in § 63.2450(v), you must keep the applicable records specified in paragraphs (p)(1) through (5) of this section. (1) You must maintain standard site procedures used to deinventory equipment for safety purposes ( e.g., (2) If complying with the requirements of § 63.2450(v)(1)(i) and the concentration of the vapor at the time of the vessel opening exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and the concentration of the vapor at the time of the vessel opening. (3) If complying with the requirements of § 63.2450(v)(1)(ii) and either the vessel pressure at the time of the vessel opening exceeds 5 psig or the concentration of the vapor at the time of the active purging was initiated exceeds 10 percent of its LEL, identification of the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, the pressure of the vessel or equipment at the time of discharge to the atmosphere and, if applicable, the concentration of the vapors in the equipment when active purging was initiated. (4) If complying with the requirements of § 63.2450(v)(1)(iii), records of the estimating procedures used to determine the total quantity of VOC in the equipment and the type and size limits of equipment that contain less than 50 pounds of VOC at the time of maintenance vent opening. For each maintenance vent opening that contains greater than 50 pounds of VOC for which the deinventory procedures specified in paragraph (p)(1) of this section are not followed or for which the equipment opened exceeds the type and size limits established in the records specified in this paragraph (p)(4), records that identify the maintenance vent, the process units or equipment associated with the maintenance vent, the date of maintenance vent opening, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere. (5) If complying with the requirements of § 63.2450(v)(1)(iv), identification of the maintenance vent, the process units or equipment associated with the maintenance vent, records documenting actions taken to comply with other applicable alternatives and why utilization of this alternative was required, the date of maintenance vent opening, the equipment pressure and concentration of the vapors in the equipment at the time of discharge, an indication of whether active purging was performed and the pressure of the equipment during the installation or removal of the blind if active purging was used, the duration the maintenance vent was open during the blind installation or removal process, and records used to estimate the total quantity of VOC in the equipment at the time the maintenance vent was opened to the atmosphere for each applicable maintenance vent opening. (q) For each pressure relief device subject to the pressure release management work practice standards in § 63.2480(e), you must keep the records specified in paragraphs (q)(1) through (3) of this section. (1) Records of the prevention measures implemented as required in § 63.2480(e)(3)(ii). (2) Records of the number of releases during each calendar year and, prior to June 3, 2024, the number of those releases for which the root cause was determined to be a force majeure (3) For each release to the atmosphere, you must keep the records specified in paragraphs (q)(3)(i) through (iv) of this section. (i) The start and end time and date of each pressure release to the atmosphere. (ii) Records of any data, assumptions, and calculations used to estimate of the mass quantity of each organic HAP released during the event. (iii) Records of the root cause analysis and corrective action analysis conducted as required in § 63.2480(e)(3)(iii), including an identification of the affected facility, a statement noting whether the event resulted from the same root cause(s) identified in a previous analysis and either a description of the recommended corrective action(s) or an explanation of why corrective action is not necessary under § 63.2480(e)(7)(i). (iv) For any corrective action analysis for which implementation of corrective actions are required in § 63.2480(e)(7), a description of the corrective action(s) completed within the first 45 days following the discharge and, for action(s) not already completed, a schedule for implementation, including proposed commencement and completion dates. (r) For each heat exchange system, beginning no later than the compliance dates specified in § 63.2445(g), the recordkeeping requirements of § 63.104(f)(1) no longer apply; instead, you must keep records in paragraphs (r)(1) through (4) of this section. (1) Monitoring data required by § 63.2490(d) and (e) that indicate a leak, the date the leak was detected, or, if applicable, the basis for determining there is no leak. (2) The dates of efforts to repair leaks. (3) The method or procedures used to confirm repair of a leak and the date the repair was confirmed. (4) Documentation of delay of repair as specified in paragraphs (r)(4)(i) through (iv) of this section. (i) The reason(s) for delaying repair. (ii) A schedule for completing the repair as soon as practical. (iii) The date and concentration or mass emissions rate of the leak as first identified and the results of all subsequent monitoring events during the delay of repair. (iv) An estimate of the potential total hydrocarbon emissions (if you monitor the cooling water for leaks according to § 63.2490(d)(1)) or monitored substance(s) emissions (if you monitor the cooling water for leaks according to § 63.2490(e)) from the leaking heat exchange system or heat exchanger for each required delay of repair monitoring interval following the procedures in paragraphs (r)(4)(iv)(A) through (D) of this section. (A) If you comply with the total strippable hydrocarbon concentration leak action level, as specified in § 63.2490(d)(1)(iv), you must calculate the mass emissions rate by complying with the requirements of § 63.2490(d)(1)(iii)(B) or by determining the mass flow rate of the cooling water at the monitoring location where the leak was detected. If the monitoring location is an individual cooling tower riser, determine the total cooling water mass flow rate to the cooling tower. Cooling water mass flow rates may be determined using direct measurement, pump curves, heat balance calculations, or other engineering methods. If you determine the mass flow rate of the cooling water, calculate the mass emissions rate by converting the stripping gas leak concentration (in ppmv as methane) to an equivalent liquid concentration, in parts per million by weight (ppmw), using equation 7-1 from “Air Stripping Method (Modified El Paso Method) for Determination of Volatile Organic Compound Emissions from Water Sources” (incorporated by reference—see § 63.14) and multiply the equivalent liquid concentration by the mass flow rate of the cooling water. (B) For delay of repair monitoring intervals prior to repair of the leak, calculate the potential total hydrocarbon emissions or monitored substance(s) emissions for the leaking heat exchange system or heat exchanger for the monitoring interval by multiplying the mass emissions rate, determined in § 63.2490(d)(1)(iii)(B) or paragraph (r)(4)(iv)(A) or (D) of this section, by the duration of the delay of repair monitoring interval. The duration of the delay of repair monitoring interval is the time period starting at midnight on the day of the previous monitoring event or at midnight on the day the repair would have had to be completed if the repair had not been delayed, whichever is later, and ending at midnight of the day the of the current monitoring event. (C) For delay of repair monitoring intervals ending with a repaired leak, calculate the potential total hydrocarbon emissions or monitored substance(s) emissions for the leaking heat exchange system or heat exchanger for the final delay of repair monitoring interval by multiplying the duration of the final delay of repair monitoring interval by the mass emissions rate determined for the last monitoring event prior to the re-monitoring event used to verify the leak was repaired. The duration of the final delay of repair monitoring interval is the time period starting at midnight of the day of the last monitoring event prior to re-monitoring to verify the leak was repaired and ending at the time of the re-monitoring event that verified that the leak was repaired. (D) If you monitor the cooling water for leaks according to § 63.2490(e), you must calculate the mass emissions rate by determining the mass flow rate of the cooling water at the monitoring location where the leak was detected. Cooling water mass flow rates may be determined using direct measurement, pump curves, heat balance calculations, or other engineering methods. Once determined, multiply the mass flow rate of the cooling water by the concentration of the measured substance(s). (s) For process vents and storage tanks in ethylene oxide service subject to the requirements of § 63.2493, you must keep the records specified in paragraphs (s)(1) through (5) of this section in addition to those records specified in paragraph (a) of this section. Records for equipment in ethylene oxide service subject to the requirements of § 63.2493 are specified in paragraph (a) of this section. (1) For process vents, include all uncontrolled, undiluted ethylene oxide concentration measurements, and the calculations you used to determine the total uncontrolled ethylene oxide mass emission rate for the sum of all vent gas streams. (2) For storage tanks, records of the concentration of ethylene oxide of the fluid stored in each storage tank. (3) For equipment, records of the percent ethylene oxide content of the process fluid and the method used to determine it. (4) If you vent emissions through a closed-vent system to a non-flare control device, then you must keep records of all periods during which operating values are outside of the applicable operating limits specified in § 63.2493(b)(4) through (6) when regulated material is being routed to the non-flare control device. The record must specify the operating parameter, the applicable limit, and the highest (for maximum operating limits) or lowest (for minimum operating limits) value recorded during the period. (5) For pressure vessels subject to § 63.2493(c), records as specified in paragraphs (s)(5)(i) through (iv) of this section. (i) The date of each performance test conducted according to § 63.2493(c)(2). (ii) The instrument reading of each performance test conducted according to § 63.2493(c)(2), including the following: (A) Date each defect was detected. (B) Date of the next performance test that shows the instrument reading is less than 500 ppmv. (C) Start and end dates of each period after the date in paragraph (s)(5)(ii)(A) of this section when the pressure vessel was completely empty. (D) Estimated emissions from each defect. (t) Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (u) Beginning no later than the compliance dates specified in § 63.2445(g), the referenced provisions specified in paragraphs (u)(1) through (8) of this section do not apply when demonstrating compliance with paragraph (a) of this section. (1) Section 63.103(c)(2)(i) of subpart F. (2) Section 63.103(c)(2)(ii) of subpart F. (3) The phrase “start-up, shutdown and malfunction and” from § 63.103(c)(3) of subpart F. (4) The phrase “other than startups, shutdowns, or malfunctions ( e.g., (5) The phrase “other than a startup, shutdown, or malfunction” from § 63.152(g)(1)(ii)(C) of subpart G. (6) The phrase “other than startups, shutdowns, or malfunctions” from § 63.152(g)(1)(iii) of subpart G. (7) The phrase “other than a startup, shutdown, or malfunction” from § 63.152(g)(2)(iii) of subpart G. (8) Section 63.152(g)(2)(iv)(A) of subpart G. [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40337, July 14, 2006; 85 FR 49155, Aug. 12, 2020; 89 FR 23872, Apr. 4, 2024] Other Requirements and Information § 63.2535 What compliance options do I have if part of my plant is subject to both this subpart and another subpart? For any equipment, emission stream, or wastewater stream not subject to § 63.2493 but subject to other provisions of both this subpart and another subpart, you may elect to comply only with the provisions as specified in paragraphs (a) through (l) of this section. You also must identify the subject equipment, emission stream, or wastewater stream, and the provisions with which you will comply, in your notification of compliance status report required by § 63.2520(d). (a) Compliance with other subparts of this part 63. (2) After the compliance dates specified in § 63.2445, at an offsite reloading or cleaning facility subject to § 63.1253(f), as referenced from § 63.2470(e), compliance with the monitoring, recordkeeping, and reporting provisions of any other subpart of this part 63 constitutes compliance with the monitoring, recordkeeping, and reporting provisions of § 63.1253(f)(7)(ii) or § 63.1253(f)(7)(iii). You must identify in your notification of compliance status report required by § 63.2520(d) the subpart of this part 63 with which the owner or operator of the offsite reloading or cleaning facility complies. (b) Compliance with 40 CFR parts 264 and 265, subparts AA, BB, and/or CC. (2) After the compliance dates specified in § 63.2445, if you have an affected source with equipment that is also subject to 40 CFR part 264, subpart BB, or to 40 CFR part 265, subpart BB, then compliance with the recordkeeping and reporting requirements of 40 CFR parts 264 and/or 265 may be used to comply with the recordkeeping and reporting requirements of this subpart, to the extent that the requirements of 40 CFR parts 264 and/or 265 duplicate the requirements of this subpart. (c) Compliance with 40 CFR part 60, subpart Kb and 40 CFR part 61, subpart Y. (d) Compliance with subpart I, GGG, or MMM of this part. (e) Compliance with subpart GGG of this part 63 for wastewater. (f) Compliance with subpart MMM of this part 63 for wastewater. (g) Compliance with other regulations for wastewater. e.g., (h) Compliance with 40 CFR part 60, subpart DDD, III, NNN, or RRR. (i) Compliance with 40 CFR part 61, subpart BB. (2) After the compliance dates specified in § 63.2445, a Group 2 transfer rack, as defined in § 63.2550, that is also subject to the provisions of 40 CFR part 61, subpart BB, is required to comply with the provisions of either paragraph (l)(2)(i) or (ii) of this section. (i) If the transfer rack is subject to the control requirements specified in § 61.302 of 40 CFR part 61, subpart BB, then you may elect to comply with either the requirements of 40 CFR part 61, subpart BB, or the requirements for Group 1 transfer racks under this subpart FFFF. (ii) If the transfer rack is subject only to reporting and recordkeeping requirements under 40 CFR part 61, subpart BB, then you are required to comply only with the reporting and recordkeeping requirements specified in this subpart for Group 2 transfer racks, and you are exempt from the reporting and recordkeeping requirements in 40 CFR part 61, subpart BB. (j) Compliance with 40 CFR part 61, subpart FF. (k) Compliance with 40 CFR part 60, subpart VV or VVa, and 40 CFR part 61, subpart V. (1) The provision in § 63.2480(b)(4) does not apply to connectors in gas/vapor and light liquid service that are subject to monitoring under 40 CFR 60.482-11a if complying with the compliance option in this paragraph (k). (2) Beginning no later than the compliance dates specified in § 63.2445(g), equipment that must be controlled according to this subpart and subpart VVa of 40 CFR part 60 is required only to comply with the equipment leak requirements of this subpart, except you must also comply with the calibration drift assessment requirements specified at 40 CFR 60.485a(b)(2) if they are required to do so in subpart VVa of 40 CFR part 60. When complying with the calibration drift assessment requirements at 40 CFR 60.485a(b)(2), the requirement at 40 CFR 60.486a(e)(8)(v) to record the instrument reading for each scale used applies. (l) Applicability of process units included in a process unit group. (1) Procedures to create process unit groups. (i) Initially, identify an MCPU that is created from nondedicated equipment that will operate on or after November 10, 2003 and identify all processing equipment that is part of this MCPU, based on descriptions in operating scenarios. (ii) Add to the group any other nondedicated MCPU and other nondedicated process units expected to be operated in the 5 years after the date specified in paragraph (l)(1)(i) of this section, provided they satisfy the criteria specified in paragraphs (l)(1)(ii)(A) through (C) of this section. Also identify all of the processing equipment used for each process unit based on information from operating scenarios and other applicable documentation. (A) Each process unit that is added to a group must have some processing equipment that is also part of one or more process units in the group. (B) No process unit may be part of more than one PUG. (C) The processing equipment used to satisfy the requirement of paragraph (l)(1)(ii)(A) of this section may not be a storage tank or control device. (iii) The initial PUG consists of all of the processing equipment for the process units identified in paragraphs (l)(1)(i) and (ii) of this section. As an alternative to the procedures specified in paragraphs (l)(1)(i) and (ii) of this section, you may use a PUG that was developed in accordance with § 63.1360(h) as your initial PUG. (iv) Add process units developed in the future in accordance with the conditions specified in paragraphs (l)(1)(ii)(A) and (B) of this section. (v) Maintain records that describe the process units in the initial PUG, the procedure used to create the PUG, and subsequent changes to each PUG as specified in § 63.2525(i). Submit the records in reports as specified in § 63.2520(d)(2)(ix) and (e)(8). (2) Determine primary product. (i) The primary product is the type of product ( e.g., (ii) If the PUG produces multiple types of products equally based on operating time, then the primary product is the type of product with the greatest production on a mass basis over the 5-year period specified in paragraph (l)(1)(ii) of this section. (iii) At a minimum, you must redetermine the primary product of the PUG following the procedure specified in paragraphs (l)(2)(i) and (ii) of this section every 5 years. (iv) You must record the calculation of the initial primary product determination as specified in § 63.2525(i)(3) and report the results in the notification of compliance status report as specified in § 63.2520(d)(8)(ix). You must record the calculation of each redetermination of the primary product as specified in § 63.2525(i)(5) and report the calculation in a compliance report submitted no later than the report covering the period for the end of the 5th year after cessation of production of the previous primary product, as specified in § 63.2520(e)(8). (3) Compliance requirements. (ii) If the primary product of the PUG is determined according to paragraph (l)(2) of this section to be material not described in § 63.2435(b)(1), then you must comply with paragraph (l)(3)(ii)(A), (B), or (C) of this section, as applicable. (A) If the primary product is subject to subpart GGG of this part 63, then comply with the requirements of subpart GGG for each MCPU in the PUG. (B) If the primary product is subject to subpart MMM of this part 63, then comply with the requirements of subpart MMM for each MCPU in the PUG. (C) If the primary product is subject to any subpart in this part 63 other than subpart GGG or subpart MMM, then comply with the requirements of this subpart for each MCPU in the PUG. (iii) The requirements for new and reconstructed sources in the alternative subpart apply to all MCPU in the PUG if and only if the affected source under the alternative subpart meets the requirements for construction or reconstruction. (m) Overlap of this subpart with other regulations for flares. (2) Beginning no later than the compliance dates specified in § 63.2445(g), flares subject to § 63.987 and used as a control device for an emission point subject to the emission limits and work practice standards in Tables 1, 2, 4 or 5 to this subpart are only required to comply with § 63.2450(e)(5). (3) Beginning no later than the compliance dates specified in § 63.2445(g), flares subject to the requirements in subpart CC of this part and used as a control device for an emission point subject to the emission limits and work practice standards in Tables 1, 2, 4 or 5 to this subpart are only required to comply with the flare requirements in subpart CC of this part. This paragraph (m)(3) does not apply to multi-point pressure assisted flares. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40337, July 14, 2006; 85 FR 49158, Aug. 12, 2020] § 63.2540 What parts of the General Provisions apply to me? Table 12 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. § 63.2545 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency also has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a state, local, or tribal agency under subpart E of this part, the authorities contained in paragraphs (b)(1) through (5) of this section are retained by the Administrator of U.S. EPA and are not delegated to the state, local, or tribal agency. (1) Approval of alternatives to the non-opacity emission limits and work practice standards in § 63.2450(a) under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. (5) Approval of an alternative to any electronic reporting to the EPA required by this subpart. [68 FR 63888, Nov. 10, 2003, as amended at 85 FR 49159, Aug. 12, 2020] § 63.2550 What definitions apply to this subpart? (a) For an affected source complying with the requirements in subpart SS of this part 63, the terms used in this subpart and in subpart SS of this part 63 have the meaning given them in § 63.981, except as specified in §§ 63.2450(k)(2) and (m), 63.2470(c)(2), 63.2475(b), and paragraph (i) of this section. (b) For an affected source complying with the requirements in 40 CFR part 65, subpart F, the terms used in this subpart and in 40 CFR part 65, subpart F have the meaning given to them in § 65.2. (c) For an affected source complying with the requirements in subpart UU of this part 63, the terms used in this subpart and in subpart UU of this part 63 have the meaning given them in § 63.1020. (d) For an affected source complying with the requirements in subpart WW of this part 63, the terms used in this subpart and subpart WW of this part 63 have the meaning given them in § 63.1061, except as specified in §§ 63.2450(m), 63.2470(c)(2), and paragraph (i) of this section. (e) For an affected source complying with the requirements in §§ 63.132 through 63.149, the terms used in this subpart and §§ 63.132 through 63.149 have the meaning given them in §§ 63.101 and 63.111, except as specified in § 63.2450(m) and paragraph (i) of this section. (f) For an affected source complying with the requirements in §§ 63.104 and 63.105, the terms used in this subpart and in §§ 63.104 and 63.105 of this subpart have the meaning given them in § 63.101, except as specified in §§ 63.2450(m), 63.2490(b), and paragraph (i) of this section. (g) For an affected source complying with requirements in §§ 63.1253, 63.1257, and 63.1258, the terms used in this subpart and in §§ 63.1253, 63.1257, and 63.1258 have the meaning given them in § 63.1251, except as specified in § 63.2450(m) and paragraph (i) of this section. (h) For an affected source complying with the requirements in 40 CFR part 65, subpart F, the terms used in this subpart and in 40 CFR part 65, subpart F, have the meaning given them in 40 CFR 65.2. (i) All other terms used in this subpart are defined in the Clean Air Act (CAA), in 40 CFR 63.2, and in this paragraph (i). If a term is defined in § 63.2, § 63.101, § 63.111, § 63.981, § 63.1020, § 63.1061, § 63.1251, or § 65.2 and in this paragraph (i), the definition in this paragraph (i) applies for the purposes of this subpart. Ancillary activities i.e., Batch operation Batch process vent (1) Continuous process vents; (2) Bottoms receivers; (3) Surge control vessels; (4) Gaseous streams routed to a fuel gas system(s) unless on and after August 12, 2023, the fuel gas system(s) supplies a flare of which 50 percent or more of the fuel gas burned in the flare is derived from an MCPU that has processes and/or equipment in ethylene oxide service, or produces olefins or polyolefins; (5) Vents on storage tanks, wastewater emission sources, or pieces of equipment subject to the emission limits and work practice standards in Tables 4, 6, and 7 to this subpart; (6) Drums, pails, and totes; (7) Flexible elephant trunk systems that draw ambient air ( i.e., (8) Except for batch process vents in ethylene oxide service, emission streams from emission episodes that are undiluted and uncontrolled containing less than 50 ppmv HAP are not part of any batch process vent. A vent from a unit operation, or a vent from multiple unit operations that are manifolded together, from which total uncontrolled HAP emissions are less than 200 lb/yr is not a batch process vent; emissions for all emission episodes associated with the unit operation(s) must be included in the determination of the total mass emitted. The HAP concentration or mass emission rate may be determined using any of the following: Process knowledge that no HAP are present in the emission stream; an engineering assessment as discussed in § 63.1257(d)(2)(ii), except that you do not need to demonstrate that the equations in § 63.1257(d)(2)(i) do not apply, and the precompliance reporting requirements specified in § 63.1257(d)(2)(ii)(E) do not apply for the purposes of this demonstration; equations specified in § 63.1257(d)(2)(i), as applicable; test data using Method 18 of 40 CFR part 60, appendix A; or any other test method that has been validated according to the procedures in EPA Method 301 of appendix A to this part. Bench-scale process Biofilter Bottoms receiver Breakthrough Construction Consumption Continuous operation Continuous process vent (1) The reference in § 63.107(e) to a chemical manufacturing process unit that meets the criteria of § 63.100(b) means an MCPU that meets the criteria of § 63.2435(b); (2) The reference in § 63.107(h)(4) to § 63.113 means Table 1 to this subpart; (3) The references in § 63.107(h)(7) to §§ 63.119 and 63.126 mean tables 4 and 5 to this subpart; and (4) For the purposes of § 63.2455, all references to the characteristics of a process vent ( e.g., (5) The reference to “total organic HAP” in § 63.107(d) means “total HAP” for the purposes of this subpart FFFF. (6) The references to an “air oxidation reactor, distillation unit, or reactor” in § 63.107 mean any continuous operation for the purposes of this subpart. (7) A separate determination is required for the emissions from each MCPU, even if emission streams from two or more MCPU are combined prior to discharge to the atmosphere or to a control device. (8) On and after August 12, 2023, § 63.107(h)(3) applies unless the fuel gas system supplies a flare of which 50 percent or more of the fuel gas burned in the flare is derived from an MCPU that has processes and/or equipment in ethylene oxide service, or produces olefins or polyolefins. (9) On and after August 12, 2023, § 63.107(h)(9) no longer applies. (10) On and after August 12, 2023, § 63.107(i) no longer applies. Instead, a process vent is the point of discharge to the atmosphere (or the point of entry into a control device, if any) of a gas stream if the gas stream meets the criteria specified in this paragraph. The gas stream would meet the characteristics specified in § 63.107(b) through (g) of subpart F, but, for purposes of avoiding applicability, has been deliberately interrupted, temporarily liquefied, routed through any item of equipment for no process purpose, or disposed of in a flare that does not meet the criteria in § 63.11(b) of subpart A or § 63.2450(e)(5) as applicable, or an incinerator that does not reduce emissions of organic HAP by 98 percent or to a concentration of 20 parts per million by volume, whichever is less stringent. (11) Section 63.107(d) does not apply to continuous process vents in ethylene oxide service. Dedicated MCPU Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Before August 12, 2023, fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. On and after August 12, 2023, this paragraph (3) no longer applies. Emission point Energetics Equipment Excess emissions Family of materials e.g., Force majeure e.g., Group 1 batch process vent Group 2 batch process vent Group 1 continuous process vent Group 2 continuous process vent Group 1 storage tank Group 2 storage tank Group 1 transfer rack Group 2 transfer rack Group 1 wastewater stream Group 2 wastewater stream Halogen atoms Halogenated vent stream HAP metals Heat exchange system i.e., e.g., Hydrogen halide and halogen HAP In ethylene oxide service (1) For equipment leaks, any equipment that contains or contacts a fluid (liquid or gas) that is at least 0.1 percent by weight of ethylene oxide. If information exists that suggests ethylene oxide could be present in equipment, the equipment is considered to be “in ethylene oxide service” unless sampling and analysis is performed as specified in § 63.2492 to demonstrate that the equipment does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in equipment, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (2) For process vents, each batch and continuous process vent in a process that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the sum of all these process vents would emit uncontrolled ethylene oxide emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information exists that suggests ethylene oxide could be present in a batch or continuous process vent, then the batch or continuous process vent is considered to be “in ethylene oxide service” unless an analysis is performed as specified in § 63.2492 to demonstrate that the batch or continuous process vent does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in a batch or continuous process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (3) For storage tanks, storage tanks of any capacity and vapor pressure storing a liquid that is at least 0.1 percent by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a storage tank, then the storage tank is considered to be “in ethylene oxide service” unless the procedures specified in § 63.2492 are performed to demonstrate that the storage tank does not meet the definition of being “in ethylene oxide service”. The exemptions for “vessels storing organic liquids that contain HAP only as impurities” and “pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere” listed in the definition of “storage tank” in this section do not apply for storage tanks that may be in ethylene oxide service. Examples of information that could suggest ethylene oxide could be present in a storage tank, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. In ethylene oxide service (1) For equipment leaks, any equipment that contains or contacts a fluid (liquid or gas) that is at least 0.1 percent by weight of ethylene oxide. If information exists that suggests ethylene oxide could be present in equipment, the equipment is considered to be “in ethylene oxide service” unless sampling and analysis is performed as specified in § 63.2492 to demonstrate that the equipment does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in equipment, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (2) For process vents, each batch and continuous process vent in a process that, when uncontrolled, contains a concentration of greater than or equal to 1 ppmv undiluted ethylene oxide, and when combined, the sum of all these process vents would emit uncontrolled ethylene oxide emissions greater than or equal to 5 lb/yr (2.27 kg/yr). If information exists that suggests ethylene oxide could be present in a batch or continuous process vent, then the batch or continuous process vent is considered to be “in ethylene oxide service” unless an analysis is performed as specified in § 63.2492 to demonstrate that the batch or continuous process vent does not meet the definition of being “in ethylene oxide service”. Examples of information that could suggest ethylene oxide could be present in a batch or continuous process vent, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. (3) For storage tanks, storage tanks of any capacity and vapor pressure storing a liquid that is at least 0.1 percent by weight of ethylene oxide. If knowledge exists that suggests ethylene oxide could be present in a storage tank, then the storage tank is considered to be “in ethylene oxide service” unless the procedures specified in § 63.2492 are performed to demonstrate that the storage tank does not meet the definition of being “in ethylene oxide service”. The exemptions for “vessels storing organic liquids that contain HAP only as impurities” and “pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere” listed in the definition of “storage tank” in this section do not apply for storage tanks that may be in ethylene oxide service. Examples of information that could suggest ethylene oxide could be present in a storage tank, include calculations based on safety data sheets, material balances, process stoichiometry, or previous test results provided the results are still relevant to the current operating conditions. In organic HAP service Isolated intermediate Large control device Loading rack i.e., Maintenance wastewater Maximum true vapor pressure Miscellaneous organic chemical manufacturing process (1) Routine cleaning operations conducted as part of batch operations are considered part of the process; (2) Each nondedicated solvent recovery operation is considered a single process; (3) Each nondedicated formulation operation is considered a single process that is used to formulate numerous materials and/or products; (4) Quality assurance/quality control laboratories are not considered part of any process; and (5) Ancillary activities are not considered a process or part of any process. (6) The end of a process that produces a solid material is either up to and including the dryer or extruder, or for a polymer production process without a dryer or extruder, it is up to and including the die plate or solid-state reactor, except in two cases. If the dryer, extruder, die plate, or solid-state reactor is followed by an operation that is designed and operated to remove HAP solvent or residual HAP monomer from the solid, then the solvent removal operation is the last step in the process. If the dried solid is diluted or mixed with a HAP-based solvent, then the solvent removal operation is the last step in the process. Nondedicated solvent recovery operation Nonstandard batch On-site or on site Operating scenario Organic group Organic peroxides Point of determination Note to definition for point of determination: The regulation allows determination of the characteristics of a wastewater stream: At the point of determination; or downstream of the point of determination if corrections are made for changes in flow rate and annual average concentration of soluble HAP and partially soluble HAP compounds as determined according to procedures in § 63.144 of subpart G in this part 63. Such changes include losses by air emissions; reduction of annual average concentration or changes in flow rate by mixing with other water or wastewater streams; and reduction in flow rate or annual average concentration by treating or otherwise handling the wastewater stream to remove or destroy HAP. Predominant HAP Pressure release Pressure relief device Pressure vessel Process condenser (1) To remove water vapor that would cause icing in a downstream condenser, or (2) To remove water vapor that would negatively affect the adsorption capacity of carbon in a downstream carbon adsorber, or (3) To remove high molecular weight organic compounds or other organic compounds that would be difficult to remove during regeneration of a downstream carbon adsorber. Process tank Production-indexed HAP consumption factor (HAP factor) Production-indexed VOC consumption factor (VOC factor) Quaternary ammonium compounds Recovery device Relief valve Responsible official Safety device Shutdown Small control device Standard batch Startup Storage tank (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere; (3) Vessels storing organic liquids that contain HAP only as impurities; (4) Wastewater storage tanks; (5) Bottoms receivers; (6) Surge control vessels; and (7) Process tanks. Supplemental gases Surge control vessel Thermal expansion relief valve Total organic compounds or (TOC) Transfer rack Unit operation Waste management Wastewater (1) Stormwater from segregated sewers; (2) Water from fire-fighting and deluge systems, including testing of such systems; (3) Spills; (4) Water from safety showers; (5) Samples of a size not greater than reasonably necessary for the method of analysis that is used; (6) Equipment leaks; (7) Wastewater drips from procedures such as disconnecting hoses after cleaning lines; and (8) Noncontact cooling water. Wastewater stream Work practice standard [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40338, July 14, 2006; 85 FR 49159, Aug. 12, 2020; 89 FR 23872, Apr. 4, 2024] Table 1 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Continuous Process Vents As required in § 63.2455, you must meet each emission limit and work practice standard in the following table that applies to your continuous process vents: For each . . . For which . . . Then you must . . . 1. Group 1 continuous process vent a. Not applicable i. Reduce emissions of total organic HAP by ≥98 percent by weight or to an outlet process concentration ≤20 ppmv as organic HAP or TOC by venting emissions through a closed-vent system to any combination of control devices (except a flare); or ii. Reduce emissions of total organic HAP by venting emissions through a closed vent system to a flare; or iii. Use a recovery device to maintain the TRE above 1.9 for an existing source or above 5.0 for a new source. 2. Halogenated Group 1 continuous process vent stream a. You use a combustion control device to control organic HAP emissions i. Use a halogen reduction device after the combustion device to reduce emissions of hydrogen halide and halogen HAP by ≥99 percent by weight, or to ≤0.45 kg/hr, or to ≤20 ppmv; or ii. Use a halogen reduction device before the combustion device to reduce the halogen atom mass emission rate to ≤0.45 kg/hr or to a concentration ≤20 ppmv. 3. Group 2 continuous process vent at an existing source You use a recovery device to maintain the TRE level >1.9 but ≤5.0 Comply with the requirements in § 63.2450(e)(4) and the requirements in § 63.993 and the requirements referenced therein. 4. Group 2 continuous process vent at a new source You use a recovery device to maintain the TRE level >5.0 but ≤8.0 Comply with the requirements in § 63.2450(e)(4) and the requirements in § 63.993 and the requirements referenced therein. 5. Continuous process vent Beginning no later than the compliance dates specified in § 63.2445(i), the continuous process vent contains ethylene oxide such that it is considered to be in ethylene oxide service as defined in § 63.2550 Comply with the applicable emission limits specified in items 1 through 4 of this Table, and also: [85 FR 49161, Aug. 12, 2020] Table 2 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Batch Process Vents As required in § 63.2460, you must meet each emission limit and work practice standard in the following table that applies to your batch process vents: For each . . . Then you must . . . And you must . . . 1. Process with Group 1 batch process vents a. Reduce collective uncontrolled organic HAP emissions from the sum of all batch process vents within the process by ≥98 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of control devices (except a flare); or Not applicable. b. Reduce collective uncontrolled organic HAP emissions from the sum of all batch process vents within the process by ≥95 percent by weight by venting emissions from a sufficient number of the vents through one or more closed-vent systems to any combination of recovery devices or a biofilter, except you may elect to comply with the requirements of subpart WW of this part for any process tank; or Not applicable. c. Reduce uncontrolled organic HAP emissions from one or more batch process vents within the process by venting through a closed-vent system to a flare or by venting through one or more closed-vent systems to any combination of control devices (excluding a flare) that reduce organic HAP to an outlet concentration ≤20 ppmv as TOC or total organic HAP For all other batch process vents within the process, reduce collective organic HAP emissions as specified in item 1.a and/or item 1.b of this Table. 2. Halogenated Group 1 batch process vent for which you use a combustion device to control organic HAP emissions a. Use a halogen reduction device after the combustion control device; or i. Reduce overall emissions of hydrogen halide and halogen HAP by ≥99 percent; or b. Use a halogen reduction device before the combustion control device Reduce the halogen atom mass emission rate to ≤0.45 kg/hr or to a concentration ≤20 ppmv. 3. Batch process vent that contains ethylene oxide such that it is considered to be in ethylene oxide service as defined in § 63.2550 Beginning no later than the compliance dates specified in § 63.2445(i), comply with the applicable emission limits specified in items 1 and 2 of this Table, and also: Not applicable. [85 FR 49161, Aug. 12, 2020] Table 3 to Subpart FFFF of Part 63—Emission Limits for Hydrogen Halide and Halogen HAP Emissions or HAP Metals Emissions From Process Vents As required in § 63.2465, you must meet each emission limit in the following table that applies to your process vents that contain hydrogen halide and halogen HAP emissions or PM HAP emissions: For each . . . You must . . . 1. Process with uncontrolled hydrogen halide and halogen HAP emissions from process vents ≥1,000 lb/yr a. Reduce collective hydrogen halide and halogen HAP emissions by ≥99 percent by weight or to an outlet concentration ≤20 ppmv by venting through one or more closed-vent systems to any combination of control devices, or b. Reduce the halogen atom mass emission rate from the sum of all batch process vents and each individual continuous process vent to ≤0.45 kg/hr by venting through one or more closed-vent systems to a halogen reduction device. 2. Process at a new source with uncontrolled emissions from process vents ≥150 lb/yr of HAP metals Reduce overall emissions of HAP metals by ≥97 percent by weight. [68 FR 63888, Nov. 10, 2003, as amended at 71 FR 40340, July 14, 2006] Table 4 to Subpart FFFF of Part 63—Emission Limits for Storage Tanks As required in § 63.2470, you must meet each emission limit in the following table that applies to your storage tanks: For each . . . For which . . . Then you must . . . 1. Group 1 storage tank a. The maximum true vapor pressure of total HAP at the storage temperature is ≥76.6 kilopascals i. Reduce total HAP emissions by ≥95 percent by weight or to ≤20 ppmv of TOC or organic HAP and ≤20 ppmv of hydrogen halide and halogen HAP by venting emissions through a closed vent system to any combination of control devices (excluding a flare); or ii. Reduce total organic HAP emissions by venting emissions through a closed vent system to a flare; or iii. Comply with the requirements in § 63.2450(e)(4), as applicable; and reduce total HAP emissions by venting emissions to a fuel gas system or process in accordance with § 63.982(d) and the requirements referenced therein. 1 b. The maximum true vapor pressure of total HAP at the storage temperature is <76.6 kilopascals i. Comply with the requirements of subpart WW of this part, except as specified in § 63.2470; or ii. Reduce total HAP emissions by ≥95 percent by weight or to ≤20 ppmv of TOC or organic HAP and ≤20 ppmv of hydrogen halide and halogen HAP by venting emissions through a closed vent system to any combination of control devices (excluding a flare); or iii. Reduce total organic HAP emissions by venting emissions through a closed vent system to a flare; or iv. Comply with the requirements in § 63.2450(e)(4), as applicable; and reduce total HAP emissions by venting emissions to a fuel gas system or process in accordance with § 63.982(d) and the requirements referenced therein. 1 2. Halogenated vent stream from a Group 1 storage tank You use a combustion control device to control organic HAP emissions Meet one of the emission limit options specified in Item 2.a.i or ii. in Table 1 to this subpart. 3. Storage tank of any capacity and vapor pressure Beginning no later than the compliance dates specified in § 63.2445(i), the stored liquid contains ethylene oxide such that the storage tank is considered to be in ethylene oxide service as defined in § 63.2550 Comply with the applicable emission limits specified in items 1 and 2 of this Table, and also: 1 [85 FR 49162, Aug. 12, 2020] Table 5 to Subpart FFFF of Part 63—Emission Limits and Work Practice Standards for Transfer Racks As required in § 63.2475, you must meet each emission limit and work practice standard in the following table that applies to your transfer racks: For each . . . You must . . . 1. Group 1 transfer rack a. Reduce emissions of total organic HAP by ≥98 percent by weight or to an outlet concentration ≤20 ppmv as organic HAP or TOC by venting emissions through a closed-vent system to any combination of control devices (except a flare); or b. Reduce emissions of total organic HAP by venting emissions through a closed-vent system to a flare; or c. Comply with the requirements in § 63.2450(e)(4), as applicable; and reduce emissions of total organic HAP by venting emissions to a fuel gas system or process in accordance with § 63.982(d) and the requirements referenced therein; 1 d. Use a vapor balancing system designed and operated to collect organic HAP vapors displaced from tank trucks and railcars during loading and route the collected HAP vapors to the storage tank from which the liquid being loaded originated or to another storage tank connected by a common header. 2. Halogenated Group 1 transfer rack vent stream for which you use a combustion device to control organic HAP emissions a. Use a halogen reduction device after the combustion device to reduce emissions of hydrogen halide and halogen HAP by ≥99 percent by weight, to ≤0.45 kg/hr, or to ≤20 ppmv; or 1 [85 FR 49163, Aug. 12, 2020] Table 6 to Subpart FFFF of Part 63—Requirements for Equipment Leaks As required in § 63.2480, you must meet each requirement in the following table that applies to your equipment leaks: For all . . . And that is part of . . . You must . . . 1. Equipment that is in organic HAP service a. Any MCPU i. Comply with the requirements of subpart UU of this part and the requirements referenced therein, except as specified in § 63.2480(b) and (d) through (f); or ii. Comply with the requirements of subpart H of this part and the requirements referenced therein, except as specified in § 63.2480(b) and (d) through (f); or iii. Comply with the requirements of 40 CFR part 65, subpart F, and the requirements referenced therein, except as specified in § 63.2480(c), and (d) through (f). 2. Equipment that is in organic HAP service at a new source a. Any MCPU i. Comply with the requirements of subpart UU of this part and the requirements referenced therein, except as specified in § 63.2480(b)(6) and (7), (e), and (f); or ii. Comply with the requirements of 40 CFR part 65, subpart F, except as specified in § 63.2480(c)(10) and (11), (e), and (f). 3. Equipment that is in ethylene oxide service as defined in § 63.2550 a. Any MCPU i. Beginning no later than the compliance dates specified in § 63.2445(i), comply with the requirements of subpart UU of this part and the requirements referenced therein, except as specified in § 63.2493(d) and (e); or ii. Beginning no later than the compliance dates specified in § 63.2445(i), comply with the requirements of subpart H of this part and the requirements referenced therein, except as specified in § 63.2493(d) and (e); iii. Beginning no later than the compliance dates specified in § 63.2445(i), comply with the requirements of 40 CFR part 65, subpart F, and the requirements referenced therein, except as specified in § 63.2493(d) and (e). [85 FR 49163, Aug. 12, 2020] Table 7 to Subpart FFFF of Part 63—Requirements for Wastewater Streams and Liquid Streams in Open Systems Within an MCPU As required in § 63.2485, you must meet each requirement in the following table that applies to your wastewater streams and liquid streams in open systems within an MCPU: For each . . . You must . . . 1. Process wastewater stream Comply with the requirements in §§ 63.132 through 63.148 and the requirements referenced therein, except as specified in § 63.2485. 2. Maintenance wastewater stream Comply with the requirements in § 63.105 and the requirements referenced therein, except as specified in § 63.2485. 3. Liquid streams in an open system within an MCPU Comply with the requirements in § 63.149 and the requirements referenced therein, except as specified in § 63.2485. Table 8 to Subpart FFFF of Part 63—Partially Soluble Hazardous Air Pollutants As specified in § 63.2485, the partially soluble HAP in wastewater that are subject to management and treatment requirements in this subpart FFFF are listed in the following table: Chemical name . . . CAS No. 1. 1,1,1-Trichloroethane (methyl chloroform) 71556 2. 1,1,2,2-Tetrachloroethane 79345 3. 1,1,2-Trichloroethane 79005 4. 1,1-Dichloroethylene (vinylidene chloride) 75354 5. 1,2-Dibromoethane 106934 6. 1,2-Dichloroethane (ethylene dichloride) 107062 7. 1,2-Dichloropropane 78875 8. 1,3-Dichloropropene 542756 9. 2,4,5-Trichlorophenol 95954 10. 1,4-Dichlorobenzene 106467 11. 2-Nitropropane 79469 12. 4-Methyl-2-pentanone (MIBK) 108101 13. Acetaldehyde 75070 14. Acrolein 107028 15. Acrylonitrile 107131 16. Allyl chloride 107051 17. Benzene 71432 18. Benzyl chloride 100447 19. Biphenyl 92524 20. Bromoform (tribromomethane) 75252 21. Bromomethane 74839 22. Butadiene 106990 23. Carbon disulfide 75150 24. Chlorobenzene 108907 25. Chloroethane (ethyl chloride) 75003 26. Chloroform 67663 27. Chloromethane 74873 28. Chloroprene 126998 29. Cumene 98828 30. Dichloroethyl ether 111444 31. Dinitrophenol 51285 32. Epichlorohydrin 106898 33. Ethyl acrylate 140885 34. Ethylbenzene 100414 35. Ethylene oxide 75218 36. Ethylidene dichloride 75343 37. Hexachlorobenzene 118741 38. Hexachlorobutadiene 87683 39. Hexachloroethane 67721 40. Methyl methacrylate 80626 41. Methyl-t-butyl ether 1634044 42. Methylene chloride 75092 43. N-hexane 110543 44. N,N-dimethylaniline 121697 45. Naphthalene 91203 46. Phosgene 75445 47. Propionaldehyde 123386 48. Propylene oxide 75569 49. Styrene 100425 50. Tetrachloroethylene (perchloroethylene) 127184 51. Tetrachloromethane (carbon tetrachloride) 56235 52. Toluene 108883 53. Trichlorobenzene (1,2,4-) 120821 54. Trichloroethylene 79016 55. Trimethylpentane 540841 56. Vinyl acetate 108054 57. Vinyl chloride 75014 58. Xylene (m) 108383 59. Xylene (o) 95476 60. Xylene (p) 106423 [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38560, July 1, 2005; 71 FR 40341, July 14, 2006] Table 9 to Subpart FFFF of Part 63—Soluble Hazardous Air Pollutants As specified in § 63.2485, the soluble HAP in wastewater that are subject to management and treatment requirements of this subpart FFFF are listed in the following table: Chemical name . . . CAS No. 1. Acetonitrile 75058 2. Acetophenone 98862 3. Diethyl sulfate 64675 4. Dimethyl hydrazine (1,1) 57147 5. Dimethyl sulfate 77781 6. Dinitrotoluene (2,4) 121142 7. Dioxane (1,4) 123911 8. Ethylene glycol dimethyl ether 110714 9. Ethylene glycol monobutyl ether acetate 112072 10. Ethylene glycol monomethyl ether acetate 110496 11. Isophorone 78591 12. Methanol 67561 13. Nitrobenzene 98953 14. Toluidine (o-) 95534 15. Triethylamine 121448 [68 FR 63888, Nov. 10, 2003, as amended at 70 FR 38561, July 1, 2005] Table 10 to Subpart FFFF of Part 63—Work Practice Standards for Heat Exchange Systems As required in § 63.2490, you must meet each requirement in the following table that applies to your heat exchange systems: For each . . . You must . . . Heat exchange system, as defined in § 63.101 a. Comply with the requirements of § 63.104 and the requirements referenced therein, except as specified in § 63.2490(b) and (c); or b. Comply with the requirements in § 63.2490(d); or c. Comply with the requirements in § 63.2490(e). [89 FR 23873,, Apr. 4, 2024] Table 11 to Subpart FFFF of Part 63—Requirements for Reports As required in § 63.2520(a) and (b), you must submit each report that applies to you on the schedule shown in the following table: You must submit a(n) The report must contain . . . You must submit the report . . . 1. Precompliance report The information specified in § 63.2520(c) At least 6 months prior to the compliance date; or for new sources, with the application for approval of construction or reconstruction. 2. Notification of compliance status report The information specified in § 63.2520(d) No later than 150 days after the compliance date specified in § 63.2445. 3. Compliance report The information specified in § 63.2520(e) Semiannually according to the requirements in § 63.2520(b). Table 12 to Subpart FFFF of Part 63—Applicability of General Provisions to Subpart FFFF As specified in § 63.2540, the parts of the General Provisions that apply to you are shown in the following table: Citation Subject Explanation § 63.1 Applicability Yes. § 63.2 Definitions Yes. § 63.3 Units and Abbreviations Yes. § 63.4 Prohibited Activities Yes. § 63.5 Construction/Reconstruction Yes. § 63.6(a) Applicability Yes. § 63.6(b)(1)-(4) Compliance Dates for New and Reconstructed sources Yes. § 63.6(b)(5) Notification Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Yes. § 63.6(c)(1)-(2) Compliance Dates for Existing Sources Yes. § 63.6(c)(3)-(4) [Reserved] § 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Yes. § 63.6(d) [Reserved] § 63.6(e)(1)(i) Operation & Maintenance Yes, before August 12, 2023. § 63.6(e)(1)(ii) Operation & Maintenance Yes, before August 12, 2023. § 63.6(e)(1)(iii) Operation & Maintenance Yes. § 63.6(e)(2) [Reserved] § 63.6(e)(3)(i), (iii), and (v) through (viii) Startup, Shutdown, Malfunction Plan (SSMP) Yes, before August 12, 2023, except information regarding Group 2 emission points and equipment leaks is not required in the SSMP, as specified in § 63.2525(j). No, beginning on and after August 12, 2023. § 63.6(e)(3)(iii) and (iv) Recordkeeping and Reporting During SSM No, see § 63.2525 for recordkeeping requirements and § 63.2520(e)(4) for reporting requirements. § 63.6(e)(3)(ix) SSMP incorporation into title V permit Yes, before August 12, 2023. No beginning on and after August 12, 2023. § 63.6(f)(1) Compliance With Non-Opacity Standards Except During SSM No. See § 63.2445(g) through (i). § 63.6(f)(2)-(3) Methods for Determining Compliance Yes. § 63.6(g)(1)-(3) Alternative Standard Yes. § 63.6(h)(1) Compliance with Opacity Standards Except During SSM No. See § 63.2445(g) through (i). § 63.6(h)(2)-(9) Opacity/Visible Emission (VE) Standards Only for flares for which Method 22 of 40 CFR part 60, appendix A-7, observations are required as part of a flare compliance assessment. § 63.6(i)(1)-(14), and (16) Compliance Extension Yes. § 63.6(j) Presidential Compliance Exemption Yes. § 63.7(a)(1)-(2) Performance Test Dates Yes, except substitute 150 days for 180 days. § 63.7(a)(3) Section 114 Authority Yes, and this paragraph also applies to flare compliance assessments as specified under § 63.997(b)(2). § 63.7(a)(4) Force Majeure Yes. § 63.7(b)(1) Notification of Performance Test Yes. § 63.7(b)(2) Notification of Rescheduling Yes. § 63.7(c) Quality Assurance/Test Plan Yes, except the test plan must be submitted with the notification of the performance test if the control device controls batch process vents. § 63.7(d) Testing Facilities Yes. § 63.7(e)(1) Conditions for Conducting Performance Tests Yes, before August 12, 2023 except that performance tests for batch process vents must be conducted under worst-case conditions as specified in § 63.2460. No, beginning on and after August 12, 2023. See § 63.2450(g)(6). § 63.7(e)(2) Conditions for Conducting Performance Tests Yes. § 63.7(e)(3) Test Run Duration Yes. § 63.7(e)(4) Administrator's Authority to Require Testing Yes. § 63.7(f) Alternative Test Method Yes. § 63.7(g) Performance Test Data Analysis Yes, except this subpart specifies how and when the performance test and performance evaluation results are reported. § 63.7(h) Waiver of Tests Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Yes. § 63.8(a)(2) Performance Specifications Yes. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares Yes, except for flares subject to § 63.2450(e)(5). § 63.8(b)(1) Monitoring Yes. § 63.8(b)(2)-(3) Multiple Effluents and Multiple Monitoring Systems Yes. § 63.8(c)(1) Monitoring System Operation and Maintenance Yes. § 63.8(c)(1)(i) Routine and Predictable SSM Yes, before August 12, 2023. No, beginning on and after August 12, 2023. § 63.8(c)(1)(ii) CMS malfunction not in SSM plan Yes. § 63.8(c)(1)(iii) Compliance with Operation and Maintenance Requirements Yes, before August 12, 2023. No, beginning on and after August 12, 2023. § 63.8(c)(2)-(3) Monitoring System Installation Yes. § 63.8(c)(4) CMS Requirements Only for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require continuous opacity monitoring systems (COMS). § 63.8(c)(4)(i) COMS Measurement and Recording Frequency No; this subpart does not require COMS. § 63.8(c)(4)(ii) CEMS Measurement and Recording Frequency Yes. § 63.8(c)(5) COMS Minimum Procedures No. This subpart does not contain opacity or VE limits. § 63.8(c)(6) CMS Requirements Only for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require COMS. § 63.8(c)(7)-(8) CMS Requirements Only for CEMS. Requirements for CPMS are specified in referenced subparts G and SS of this part. Requirements for COMS do not apply because this subpart does not require COMS. § 63.8(d)(1) CMS Quality Control Only for CEMS. § 63.8(d)(2) CMS Quality Control Only for CEMS. § 63.8(d)(3) CMS Quality Control Yes, only for CEMS before August 12, 2023. No, beginning on and after August 12, 2023. See § 63.2450(j)(6). § 63.8(e) CMS Performance Evaluation Only for CEMS, except this subpart specifies how and when the performance evaluation results are reported. Section 63.8(e)(5)(ii) does not apply because this subpart does not require COMS. § 63.8(f)(1)-(5) Alternative Monitoring Method Yes, except you may also request approval using the precompliance report. § 63.8(f)(6) Alternative to Relative Accuracy Test Only applicable when using CEMS to demonstrate compliance, including the alternative standard in § 63.2505. § 63.8(g)(1)-(4) Data Reduction Only when using CEMS, including for the alternative standard in § 63.2505, except that the requirements for COMS do not apply because this subpart has no opacity or VE limits, and § 63.8(g)(2) does not apply because data reduction requirements for CEMS are specified in § 63.2450(j). § 63.8(g)(5) Data Reduction No. Requirements for CEMS are specified in § 63.2450(j). Requirements for CPMS are specified in referenced subparts G and SS of this part. § 63.9(a) Notification Requirements Yes. § 63.9(b)(1)-(5) Initial Notifications Yes. § 63.9(c) Request for Compliance Extension Yes. § 63.9(d) Notification of Special Compliance Requirements for New Source Yes. § 63.9(e) Notification of Performance Test Yes. § 63.9(f) Notification of VE/Opacity Test No. § 63.9(g) Additional Notifications When Using CMS Only for CEMS. Section 63.9(g)(2) does not apply because this subpart does not require COMS. 63.9(h)(1)-(6) Notification of Compliance Status Yes, except § 63.9(h)(2)(i)(A) through (G) and (h)(2)(ii) do not apply because § 63.2520(d) specifies the required contents and due date of the notification of compliance status report. § 63.9(i) Adjustment of Submittal Deadlines Yes. § 63.9(j) Change in previous information Yes, for change in major source status, otherwise § 63.2520(e) specifies reporting requirements for process changes. § 63.9(k) Electronic reporting procedures Yes. § 63.10(a) Recordkeeping/Reporting Yes. § 63.10(b)(1) Recordkeeping/Reporting Yes. § 63.10(b)(2)(i) Records related to startup and shutdown No, see §§ 63.2450(e) and 63.2525 for recordkeeping requirements. § 63.10(b)(2)(ii) Recordkeeping relevant to SSM periods and CMS Yes, before August 12, 2023. No, beginning on and after August 12, 2023. See § 63.2525(h) and (l). § 63.10(b)(2)(iii) Records related to maintenance of air pollution control equipment Yes. § 63.10(b)(2)(iv) and (v) Recordkeeping relevant to SSM period Yes, before August 12, 2023. No, beginning on and after August 12, 2023. § 63.10(b)(2)(vi) CMS Records Before August 12, 2023, yes but only for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part. Beginning on and after August 12, 2023, yes for CEMS and CPMS for flares subject to § 63.2450(e)(5). § 63.10(b)(2)(x) and (xi) CMS Records Only for CEMS; requirements for CPMS are specified in referenced subparts G and SS of this part. § 63.10(b)(2)(vii)-(ix) Records Yes. § 63.10(b)(2)(xii) Records Yes. § 63.10(b)(2)(xiii) Records Only for CEMS. § 63.10(b)(2)(xiv) Records Yes. § 63.10(b)(3) Records Yes. § 63.10(c)(1)-(6),(9)-(14) Records Only for CEMS. Recordkeeping requirements for CPMS are specified in referenced subparts G and SS of this part. § 63.10(c)(7)-(8) Records No. Recordkeeping requirements are specified in § 63.2525. § 63.10(c)(15) Records Yes, before August 12, 2023, but only for CEMS. No, beginning on and after August 12, 2023. § 63.10(d)(1) General Reporting Requirements Yes. § 63.10(d)(2) Report of Performance Test Results Yes, before October 13, 2020. No, beginning on and after October 13, 2020. § 63.10(d)(3) Reporting Opacity or VE Observations No. § 63.10(d)(4) Progress Reports Yes. § 63.10(d)(5)(i) Periodic Startup, Shutdown, and Malfunction Reports No, § 63.2520(e)(4) and (5) specify the SSM reporting requirements. § 63.10(d)(5)(ii) Immediate SSM Reports No. § 63.10(e)(1) Additional CEMS Reports Yes. § 63.10(e)(2)(i) Additional CMS Reports Only for CEMS, except this subpart specifies how and when the performance evaluation results are reported. § 63.10(e)(2)(ii) Additional COMS Reports No. This subpart does not require COMS. § 63.10(e)(3) Reports No. Reporting requirements are specified in § 63.2520. § 63.10(e)(3)(i)-(iii) Reports No. Reporting requirements are specified in § 63.2520. § 63.10(e)(3)(iv)-(v) Excess Emissions Reports No. Reporting requirements are specified in § 63.2520. § 63.10(e)(3)(iv)-(v) Excess Emissions Reports No. Reporting requirements are specified in § 63.2520. § 63.10(e)(3)(vi)-(viii) Excess Emissions Report and Summary Report No. Reporting requirements are specified in § 63.2520. § 63.10(e)(4) Reporting COMS data No. § 63.10(f) Waiver for Recordkeeping/Reporting Yes. § 63.11 Control device requirements for flares and work practice requirements for equipment leaks Yes, except for flares subject to § 63.2450(e)(5). § 63.12 Delegation Yes. § 63.13 Addresses Yes. § 63.14 Incorporation by Reference Yes. § 63.15 Availability of Information Yes. [85 FR 49164, Aug. 12, 2020, as amended at 85 FR 73903, Nov. 19, 2020; 89 FR 23873, Apr. 4, 2024] Subpart GGGG—National Emission Standards for Hazardous Air Pollutants: Solvent Extraction for Vegetable Oil Production Source: 66 FR 19011, Apr. 12, 2001, unless otherwise noted. What This Subpart Covers § 63.2830 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for emissions during vegetable oil production. This subpart limits hazardous air pollutant (HAP) emissions from specified vegetable oil production processes. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards. § 63.2831 Where can I find definitions of key words used in this subpart? You can find definitions of key words used in this subpart in § 63.2872. § 63.2832 Am I subject to this subpart? (a) You are an affected source subject to this subpart if you meet all of the criteria listed in paragraphs (a)(1) and (2) of this section: (1) You own or operate a vegetable oil production process that is a major source of HAP emissions or is collocated within a plant site with other sources that are individually or collectively a major source of HAP emissions. (i) A vegetable oil production process (ii) A major source of HAP emissions is a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year. (2) Your vegetable oil production process processes any combination of eight types of oilseeds listed in paragraphs (a)(2)(i) through (viii) of this section: (i) Corn germ; (ii) Cottonseed; (iii) Flax; (iv) Peanut; (v) Rapeseed (for example, canola); (vi) Safflower; (vii) Soybean; and (viii) Sunflower. (b) You are not subject to this subpart if your vegetable oil production process meets any of the criteria listed in paragraphs (b)(1) through (4) of this section: (1) It uses only mechanical extraction techniques that use no organic solvent to remove oil from a listed oilseed. (2) It uses only batch solvent extraction and batch desolventizing equipment. (3) It processes only agricultural products that are not listed oilseeds as defined in § 63.2872. (4) It functions only as a research and development facility and is not a major source. (c) As listed in § 63.1(c)(5) of the General Provisions, if your HAP emissions increase such that you become a major source, then you are subject to all of the requirements of this subpart. § 63.2833 Is my source categorized as existing or new? (a) This subpart applies to each existing and new affected source. You must categorize your vegetable oil production process as either an existing or a new source in accordance with the criteria in Table 1 of this section, as follows: Table 1 to § 63.2833—Categorizing Your Source as Existing or New If your affected source. . . And if. . . Then your affected source. . . (1) was constructed or began construction before May 26, 2000 reconstruction has not occurred is an existing source. (2) began reconstruction, as defined in § 63.2, on or after May 26, 2000 (i) reconstruction was part of a scheduled plan to comply with the existing source requirements of this subpart; and remains an existing source. (3) began a significant modification, as defined in § 63.2872, at any time on an existing source the modification does not constitute reconstruction remains an existing source. (4) began a significant modification, as defined in § 63.2872, at any time on a new source the modification does not constitute reconstruction remains a new source. (5) began reconstruction on or after May 26, 2000 reconstruction was completed later than 3 years after the effective date of this subpart is a new source (6) began construction on or after May 26, 2000 is a new source. (b) Reconstruction of a source. reconstruction (1) After reconstruction of an existing source, the affected source is recategorized as a new source and becomes subject to the new source requirements of this subpart. (2) After reconstruction of a new source, the affected source remains categorized as a new source and remains subject to the new source requirements of this subpart. (c) Significant modification of a source. (1) In general, a significant modification to your source consists of adding new equipment or the modification of existing equipment within the affected source that significantly affects solvent losses from the affected source. Examples include adding or replacing extractors, desolventizer-toasters (conventional and specialty), and meal dryer-coolers. All other significant modifications must meet the criteria listed in paragraphs (c)(1)(i) and (ii) of this section: (i) The fixed capital cost of the modification represents a significant percentage of the fixed capital cost of building a comparable new vegetable oil production process. (ii) It does not constitute reconstruction as defined in § 63.2. (2) A significant modification has no effect on the categorization of your source as existing and new. An existing source remains categorized as an existing source and subject to the existing source requirements of this subpart. A new source remains categorized as a new source and subject to the new source requirements of this subpart. (d) Changes in the type of oilseed processed by your affected source does not affect the categorization of your source as new or existing. Recategorizing an affected source from existing to new occurs only when you add or modify process equipment within the source which meets the definition of reconstruction. § 63.2834 When do I have to comply with the standards in this subpart? You must comply with this subpart in accordance with one of the schedules in Table 1 of this section, as follows: Table 1 of § 63.2834—Compliance Dates for Existing and New Sources If your affected source is categorized as . . . And if . . . Then your compliance date is . . . Except for certain (a) an existing source April 12, 2004 September 15, 2020. (b) a new source you startup your affected source before April 12, 2001 April 12, 2004 September 15, 2020. (c) a new source you startup your affected source on or after April 12, 2001, but before March 18, 2020 your startup date September 15, 2020. (d) a new source you startup your affected source on or after March 18, 2020 your startup date your startup date. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15626, Mar. 18, 2020] Standards § 63.2840 What emission requirements must I meet? For each facility meeting the applicability criteria in § 63.2832, you must comply with either the requirements specified in paragraphs (a) through (d), or the requirements in paragraph (e) of this section. You must also comply with the requirements in paragraph (g) of this section. You must comply with the work practice standard provided in paragraph (h) of this section, if you choose to operate your source under an initial startup period subject to § 63.2850(c)(2) or (d)(2). (a)(1) The emission requirements limit the number of gallons of HAP lost per ton of listed oilseeds processed. For each operating month, as defined in § 63.2872, you must calculate a compliance ratio which compares your actual HAP loss to your allowable HAP loss for the previous 12 operating months as shown in Equation 1 of this section. Equation 1 of this section follows: (2) Equation 1 of this section can also be expressed as a function of total solvent loss as shown in Equation 2 of this section. Equation 2 of this section follows: Where: f = The weighted average volume fraction of HAP in solvent received during the previous 12 operating months, as determined in § 63.2854, dimensionless. 0.64 = The average volume fraction of HAP in solvent in the baseline performance data, dimensionless. Actual Solvent Loss = Gallons of actual solvent loss during previous 12 operating months, as determined in § 63.2853. Oilseed = Tons of each oilseed type “i” processed during the previous 12 operating months, as shown in § 63.2855. SLF = The corresponding solvent loss factor (gal/ton) for oilseed “i” listed in Table 1 of this section, as follows: Table 1 of § 63.2840—Oilseed Solvent Loss Factors for Determining Allowable HAP Loss Type of oilseed process A source that... Oilseed solvent loss factor (gal/ton) Existing sources New sources (i) Corn Germ, Wet Milling processes corn germ that has been separated from other corn components using a “wet” process of centrifuging a slurry steeped in a dilute sulfurous acid solution 0.4 0.3 (ii) Corn Germ, Dry Milling processes corn germ that has been separated from the other corn components using a “dry” process of mechanical chafing and air sifting 0.7 0.7 (iii) Cottonseed, Large processes 120,000 tons or more of a combination of cottonseed and other listed oilseeds during all normal operating periods in a 12 operating month period 0.5 0.4 (iv) Cottonseed, Small processes less than 120,000 tons of a combination of cottonseed and other listed oilseeds during all normal operating periods in a 12 operating month period 0.7 0.4 (v) Flax processes flax 0.6 0.6 (vi) Peanuts processes peanuts 1.2 0.7 (vii) Rapeseed processes rapeseed 0.7 0.3 (viii) Safflower processes safflower 0.7 0.7 (ix) Soybean, Conventional uses a conventional style desolventizer to produce crude soybean oil products and soybean animal feed products 0.2 0.2 (x) Soybean, Specialty uses a special style desolventizer to produce soybean meal products for human and animal consumption 1.7 1.5 (xi) Soybean, Combination Plant with Low Specialty Production processes soybeans in both specialty and conventional desolventizers and the quantity of soybeans processed in specialty desolventizers during normal operating periods is less than 3.3 percent of total soybeans processed during all normal operating periods in a 12 operating month period. The corresponding solvent loss factor is an overall value and applies to the total quantity of soybeans processed. 0.25 0.25 (xii) Sunflower processes sunflower 0.4 0.3 (b) When your source has processed listed oilseed for 12 operating months, calculate the compliance ratio by the end of each calendar month following an operating month, as defined in § 63.2872, using Equation 2 of this section. When calculating your compliance ratio, consider the conditions and exclusions in paragraphs (b)(1) through (6) of this section: (1) [Reserved] (2) The 12-month compliance ratio may include operating months occurring prior to a source shutdown and operating months that follow after the source resumes operation. (3) If your source shuts down and processes no listed oilseed for an entire calendar or accounting month, then you must categorize the month as a nonoperating month, as defined in § 63.2872. Exclude any nonoperating months from the compliance ratio determination. (4) If your source is subject to an initial startup period as defined in § 63.2872, you may exclude from the compliance ratio determination any solvent and oilseed information recorded for the initial startup period, provided you meet the work practice standard in § 63.2850(c)(2) or (d)(2). (5) Before September 15, 2020, if your source is subject to a malfunction period as defined in § 63.2872, exclude from the compliance ratio determination any solvent and oilseed information recorded for the malfunction period. The provisions of this paragraph (e) do not apply on and after September 15, 2020. (6) For sources processing cottonseed or specialty soybean, the solvent loss factor you use to determine the compliance ratio may change each operating month depending on the tons of oilseed processed during all normal operating periods in a 12 operating month period. (c) If the compliance ratio is less than or equal to 1.00, your source was in compliance with the HAP emission requirements for the previous operating month. (d) To determine the compliance ratio in Equation 2 of this section, you must select the appropriate oilseed solvent loss factor from Table 1 of this section. First, determine whether your source is new or existing using Table 1 of § 63.2833. Then, under the appropriate existing or new source column, select the oilseed solvent loss factor that corresponds to each type oilseed or process operation for each operating month. (e) Low-HAP solvent option. (1) You shall determine the HAP content of your solvent in accordance with the specifications in § 63.2854(b)(1). (2) You shall maintain documentation of the HAP content determination for each delivery of the solvent at the facility at all times. (3) You must submit an initial notification for existing sources in accordance with § 63.2860(a). (4) You must submit an initial notification for new and reconstructed sources in accordance with § 63.2860(b). (5) You must submit an annual compliance certification in accordance with § 63.2861(a). The certification should only include the information required under § 63.2861(a)(1) and (2), and a certification indicating whether the source complied with all of the requirements in paragraph (e) of this section. (f) You may change compliance options for your source if you submit a notice to the Administrator at least 60 days prior to changing compliance options. If your source changes from the low-HAP solvent option to the compliance ratio determination option, you must determine the compliance ratio for the most recent 12 operating months beginning with the first month after changing compliance options. (g) On or after September 15, 2020, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, at all times in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (h) On and after September 15, 2020, you must meet the requirements in paragraphs (h)(1) through (3) of this section if you choose to operate your source under an initial startup period subject to § 63.2850(c)(2) or (d)(2). (1) You must operate the mineral oil absorption system at all times during the initial startup period unless doing so is not possible due to safety considerations; (2) You must operate the solvent condensers at all times during the initial startup period unless doing so is not possible due to safety considerations; and (3) You must follow site-specific operating limits, established according to the requirements in paragraphs (h)(3)(i) and (ii) of this section, for temperature and pressure for the desolventizing and oil distillation units associated with solvent recovery at all times, unless doing so is not possible due to safety considerations. (i) Your site-specific operating limits may be based on equipment design, manufacturer's recommendations, or other site-specific operating values established for normal operating periods. (ii) The operating limits may be in the form of a minimum, maximum, or operating range. [66 FR 19011, Apr. 12, 2001, as amended at 69 FR 53341, Sept. 1, 2004; 85 FR 15626, Mar. 18, 2020] Compliance Requirements § 63.2850 How do I comply with the hazardous air pollutant emission standards? (a) General requirements. (1) Submit the necessary notifications in accordance with § 63.2860, which include: (i) Initial notifications for existing sources. (ii) Initial notifications for new and reconstructed sources. (iii) Initial notifications for significant modifications to existing or new sources. (iv) Notification of compliance status. (2) Develop and implement a plan for demonstrating compliance in accordance with § 63.2851. (3) Develop a written startup, shutdown and malfunction (SSM) plan in accordance with the provisions in § 63.2852. On and after September 15, 2020, an SSM plan is not required. (4) Maintain all the necessary records you have used to demonstrate compliance with this subpart in accordance with § 63.2862. (5) Submit the reports in paragraphs (a)(5)(i) through (iv) of this section, as applicable: (i) Annual compliance certifications in accordance with § 63.2861(a). (ii) Periodic SSM reports in accordance with § 63.2861(c). (iii) Immediate SSM reports in accordance with § 63.2861(d). (iv) Initial startup period reports in accordance with § 63.2861(e). (6) Submit all notifications and reports and maintain all records required by the General Provisions for performance testing if you add a control device that destroys solvent. (b) Existing sources under normal operation. (c) New sources. (1) Normal operation. (2) Initial startup period. (d) Existing or new sources that have been significantly modified. (1) Normal operation. (2) Initial startup period. (e) Existing or new sources experiencing a malfunction. malfunction (1) Normal operation. (i) Existing source normal operation requirements in paragraph (b) of this section. (ii) New source normal operation requirements in paragraph (c)(1) of this section. (iii) Normal operation requirements for sources that have been significantly modified in paragraph (d)(1) of this section. (2) Malfunction period. Table 1 of § 63.2850—Requirements for Compliance With HAP Emission Standards Are you required to . . . For periods of normal a For initial startup periods subject to § 63.2850(c)(2) or (d)(2)? Before September 15, 2020, for a (a)(1) Operate and maintain your source in accordance with general duty provisions of § 63.6(e) before September 15, 2020? Yes. Additionally, the HAP emission limits will apply Yes, you are required to minimize emissions to the extent practicable throughout the initial startup period. Such measures should be described in the SSM plan Yes, you are required to minimize emissions to the extent practicable throughout the initial startup period. Such measures should be described in the SSM plan. (a)(2) Operate and maintain your source in accordance with general duty provisions of § 63.6(e) on and after September 15, 2020? No, you must meet the requirements of § 63.2840(g). Additionally, the HAP emission limits will apply No, you must meet the requirements of § 63.2840(g) (b) Determine and record the extraction solvent loss in gallons from your source? Yes, as described in § 63.2853 Yes, as described in § 63.2862(e) (before September 15, 2020) and § 63.2862(f) (on and after September 15, 2020) Yes, as described in § 63.2862(e). (c) Record the volume fraction of HAP present at greater than 1 percent by volume and gallons of extraction solvent in shipment received? Yes Yes Yes. (d) Determine and record the tons of each oilseed type processed by your source? Yes, as described in § 63.2855 No No. (e) Determine the weighted average volume fraction of HAP in extraction solvent received as described in § 63.2854 by the end of the following calendar month? Yes No. Except for solvent received by a new or reconstructed source commencing operation under an initial startup period, the HAP volume fraction in any solvent received during an initial startup period is included in the weighted average HAP determination for the next operating month No, the HAP volume fraction in any solvent received during a malfunction period is included in the weighted average HAP determination for the next operating month. (f) Determine and record the actual solvent loss, weighted average volume fraction HAP, oilseed processed and compliance ratio for each 12 operating month period as described in § 63.2840 by the end of the following calendar month? Yes No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period. (g) Submit a Notification of Compliance Status or Annual Compliance Certification as appropriate? Yes, as described in §§ 63.2860(d) and 63.2861(a) No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the initial startup period No. However, you may be required to submit an annual compliance certification for previous operating months, if the deadline for the annual compliance certification happens to occur during the malfunction period. (h)(1) Submit a Deviation Notification Report by the end of the calendar month following the month in which you determined that the compliance ratio exceeds 1.00 as described in § 63.2861(b) before September 15, 2020? Yes No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for an initial startup period No, these requirements are not applicable because your source is not required to determine the compliance ratio with data recorded for a malfunction period. (h)(2) Submit a Deviation Notification Report as described in § 63.2861(b) on and after September 15, 2020? Yes Yes No. (i) Submit a Periodic SSM Report as described in § 63.2861(c)? No, a SSM activity is not categorized as normal operation Yes, before September 15, 2020 Yes. (j) Submit an Immediate SSM Report as described in § 63.2861(d)? No, a SSM activity is not categorized as normal operation Yes, only before September 15, 2020 and if your source does not follow the SSM plan Yes, only if your source does not follow the SSM plan. (k) Submit an Initial Startup Report as described in § 63.2861(e) on and after September 15, 2020? No Yes No. a Table 2 of § 63.2850—Schedules for Demonstrating Compliance Under Various Source Operating Modes If your source is . . . and is operating then your recordkeeping You must determine your first compliance ratio by the end of the calendar month following. . . Base your first compliance ratio on information (a) Existing Normal operation Begins on the compliance date The first 12 operating months after the compliance date During the first 12 operating months after the compliance date. (b) New (1) Normal operation Begins on the startup date of your new source The first 12 operating months after the startup date of the new source During the first 12 operating months after the startup date of the new source. (2) An initial startup period Begins on the startup date of your new source The first 12 operating months after termination of the initial startup period, which can last for up to 6 months During the first 12 operating months after the initial startup period, which can last for up to 6 months. (c) Existing or new that has been significantly modified (1) Normal operation Resumes on the startup date of the modified source The first operating month after the startup date of the modified source During the previous 11 operating months prior to the significant modification and the first operating month following the initial startup date of the source. (2) An initial startup period Resumes on the startup date of the modified source The first operating month after termination of the initial startup period, which can last up to 3 months During the 11 operating months before the significant modification and the first operating month after the initial startup period. [66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20463, Apr. 20, 2006; 85 FR 15627, Mar. 18, 2020] § 63.2851 What is a plan for demonstrating compliance? (a) You must develop and implement a written plan for demonstrating compliance that provides the detailed procedures you will follow to monitor and record data necessary for demonstrating compliance with this subpart. Procedures followed for quantifying solvent loss from the source and amount of oilseed processed vary from source to source because of site-specific factors such as equipment design characteristics and operating conditions. Typical procedures include one or more accurate measurement methods such as weigh scales, volumetric displacement, and material mass balances. Because the industry does not have a uniform set of procedures, you must develop and implement your own site-specific plan for demonstrating compliance before the compliance date for your source. You must also incorporate the plan for demonstrating compliance by reference in the source's title V permit and keep the plan on-site and readily available as long as the source is operational. If you make any changes to the plan for demonstrating compliance, then you must keep all previous versions of the plan and make them readily available for inspection for at least 5 years after each revision. The plan for demonstrating compliance must include the items in paragraphs (a)(1) through (8) of this section: (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) A detailed description of all methods of measurement your source will use to determine your solvent losses, HAP content of solvent, and the tons of each type of oilseed processed. (4) When each measurement will be made. (5) Examples of each calculation you will use to determine your compliance status. Include examples of how you will convert data measured with one parameter to other terms for use in compliance determination. (6) Example logs of how data will be recorded. (7) A plan to ensure that the data continue to meet compliance demonstration needs. (8) On and after September 15, 2020, if you choose to operate your source under an initial start-up period subject to § 63.2850(c)(2) or (d)(2), the items in paragraphs (c)(8)(i) and (ii) of this section: (i) Your site-specific operating limits, and their basis, for temperature and pressure for the desolventizing and oil distillation units associated with solvent recovery. (ii) A detailed description of all methods of measurement your source will use to measure temperature and pressure, including the measurement frequency. (b) The responsible agency of these NESHAP may require you to revise your plan for demonstrating compliance. The responsible agency may require reasonable revisions if the procedures lack detail, are inconsistent or do not accurately determine solvent loss, HAP content of the solvent, or the tons of oilseed processed. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15629, Mar. 18, 2020] § 63.2852 What is a startup, shutdown, and malfunction plan? Before September 15, 2020, you must develop a written SSM plan in accordance with § 63.6(e)(3). You must complete the SSM plan before the compliance date for your source. You must also keep the SSM plan on-site and readily available as long as the source is operational. The SSM plan provides detailed procedures for operating and maintaining your source to minimize emissions during a qualifying SSM event for which the source chooses the § 63.2850(e)(2) malfunction period, or the § 63.2850(c)(2) or (d)(2) initial startup period. The SSM plan must specify a program of corrective action for malfunctioning process and air pollution control equipment and reflect the best practices now in use by the industry to minimize emissions. Some or all of the procedures may come from plans you developed for other purposes such as a Standard Operating Procedure manual or an Occupational Safety and Health Administration Process Safety Management plan. To qualify as a SSM plan, other such plans must meet all the applicable requirements of these NESHAP. The provisions of this section do not apply on and after September 15, 2020. [85 FR 15629, Mar. 18, 2020] § 63.2853 How do I determine the actual solvent loss? By the end of each calendar month following an operating month, you must determine the total solvent loss in gallons for the previous operating month. The total solvent loss for an operating month includes all solvent losses that occur during normal operating periods within the operating month. If you have determined solvent losses for 12 or more operating months, then you must also determine the 12 operating months rolling sum of actual solvent loss in gallons by summing the monthly actual solvent loss for the previous 12 operating months. The 12 operating months rolling sum of solvent loss is the “actual solvent loss,” which is used to calculate your compliance ratio as described in § 63.2840. (a) To determine the actual solvent loss from your source, follow the procedures in your plan for demonstrating compliance to determine the items in paragraphs (a)(1) through (7) of this section: (1) The dates that define each operating status period during a calendar month. accounting month, (2) Source operating status. Table 1 of § 63.2853( a If during a recorded time interval . . . then your source operating status is . . . (i) Your source processes any amount of listed oilseed and source is not operating under an initial startup operating period or a malfunction period subject to § 63.2850(c)(2), (d)(2), or (e)(2) A normal operating period. (ii) Your source processes no agricultural product and your source is not operating under an initial startup period or malfunction period subject to § 63.2850(c)(2), (d)(2), or (e)(2) A nonoperating period. (iii) You choose to operate your source under an initial startup period subject to § 63.2850(c)(2) or (d)(2) An initial startup period. (iv) You choose to operate your source under a malfunction period subject to § 63.2850(e)(2) A malfunction period. (v) Your source processes agricultural products not defined as listed oilseed An exempt period. Table 2 of § 63.2853( a If during a recorded time interval . . . Then your source operating status is . . . (vi) Your source processes any amount of listed oilseed and source is not operating under an initial startup operating period subject to § 63.2850(c)(2) or (d)(2) A normal operating period. (vii) Your source processes no agricultural product and your source is not operating under an initial startup period subject to § 63.2850(c)(2) or (d)(2) A nonoperating period. (viii) You choose to operate your source under an initial startup period subject to § 63.2850(c)(2) or (d)(2) An initial startup period. (ix) Your source processes agricultural products not defined as listed oilseed An exempt period. (3) Measuring the beginning and ending solvent inventory. (4) Gallons of extraction solvent received. (5) Solvent inventory adjustments. (i) Solvent destroyed in a control device. (A) On or after September 15, 2020, you must conduct all performance tests under such conditions as the Administrator specifies to you based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown unless specified by the Administrator. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (B) [Reserved] (ii) Changes in solvent working capacity. In records you keep on-site, document any process modifications resulting in changes to the solvent working capacity in your vegetable oil production process. Solvent working capacity (b) Use Equation 1 of this section to determine the actual solvent loss occurring from your affected source for all normal operating periods recorded within a calendar month. Equation 1 of this section follows: Where: SOLV B SOLV E SOLV R SOLV A n = Number of normal operating periods in a calendar month. (c) The actual solvent loss is the total solvent losses during normal operating periods for the previous 12 operating months. You determine your actual solvent loss by summing the monthly actual solvent losses for the previous 12 operating months. You must record the actual solvent loss by the end of each calendar month following an operating month. Use the actual solvent loss in Equation 2 of § 63.2840 to determine the compliance ratio. Actual solvent loss does not include losses that occur during operating status periods listed in paragraphs (c)(1) through (4) of this section. If any one of these four operating status periods span an entire month, then the month is treated as nonoperating and there is no compliance ratio determination. (1) Nonoperating periods as described in paragraph (a)(2) of this section. (2) Initial startup periods as described in § 63.2850(c)(2) or (d)(2). (3) Before September 15, 2020, malfunction periods as described in § 63.2850(e)(2). (4) Exempt operation periods as described in paragraph (a)(2) of this section. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15629, Mar. 18, 2020] § 63.2854 How do I determine the weighted average volume fraction of HAP in the actual solvent loss? (a) This section describes the information and procedures you must use to determine the weighted average volume fraction of HAP in extraction solvent received for use in your vegetable oil production process. By the end of each calendar month following an operating month, determine the weighted average volume fraction of HAP in extraction solvent received since the end of the previous operating month. If you have determined the monthly weighted average volume fraction of HAP in solvent received for 12 or more operating months, then also determine an overall weighted average volume fraction of HAP in solvent received for the previous 12 operating months. Use the volume fraction of HAP determined as a 12 operating months weighted average in Equation 2 of § 63.2840 to determine the compliance ratio. (b) To determine the volume fraction of HAP in the extraction solvent determined as a 12 operating months weighted average, you must comply with paragraphs (b)(1) through (3) of this section: (1) Record the volume fraction of each HAP comprising more than 1 percent by volume of the solvent in each delivery of solvent, including solvent recovered from off-site oil. To determine the HAP content of the material in each delivery of solvent, the reference method is EPA Method 311 of appendix A of this part. You may use EPA Method 311, an approved alternative method, or any other reasonable means for determining the HAP content. Other reasonable means of determining HAP content include, but are not limited to, a material safety data sheet or a manufacturer's certificate of analysis. A certificate of analysis is a legal and binding document provided by a solvent manufacturer. The purpose of a certificate of analysis is to list the test methods and analytical results that determine chemical properties of the solvent and the volume percentage of all HAP components present in the solvent at quantities greater than 1 percent by volume. You are not required to test the materials that you use, but the Administrator may require a test using EPA Method 311 (or an approved alternative method) to confirm the reported HAP content. However, if the results of an analysis by EPA Method 311 are different from the HAP content determined by another means, the EPA Method 311 results will govern compliance determinations. (2) Determine the weighted average volume fraction of HAP in the extraction solvent each operating month. The weighted average volume fraction of HAP for an operating month includes all solvent received since the end of the last operating month, regardless of the operating status at the time of the delivery. Determine the monthly weighted average volume fraction of HAP by summing the products of the HAP volume fraction of each delivery and the volume of each delivery and dividing the sum by the total volume of all deliveries as expressed in Equation 1 of this section. Record the result by the end of each calendar month following an operating month. Equation 1 of this section follows: Where: Received i Content i Total Received = Total gallons of extraction solvent received since the end of the previous operating month. n = Number of extraction solvent deliveries since the end of the previous operating month. (3) Determine the volume fraction of HAP in your extraction solvent as a 12 operating months weighted average. When your source has processed oilseed for 12 operating months, sum the products of the monthly weighted average HAP volume fraction and corresponding volume of solvent received, and divide the sum by the total volume of solvent received for the 12 operating months, as expressed by Equation 2 of this section. Record the result by the end of each calendar month following an operating month and use it in Equation 2 of § 63.2840 to determine the compliance ratio. Equation 2 of this section follows: Where: Received i Content i Total Received = Total gallons of extraction solvent received during the previous 12 operating months. § 63.2855 How do I determine the quantity of oilseed processed? All oilseed measurements must be determined on an as received (a) To determine the tons as received of each type of oilseed processed at your source, follow the procedures in your plan for demonstrating compliance to determine the items in paragraphs (a)(1) through (5) of this section: (1) The dates that define each operating status period. (2) Source operating status. (3) Measuring the beginning and ending inventory for each oilseed. (4) Tons of each oilseed received. (5) Oilseed inventory adjustments. (i) Oilseed that molds or otherwise become unsuitable for processing. (ii) Oilseed you sell before it enters the processing operation. (iii) Oilseed destroyed by an event such as a process malfunction, fire, or natural disaster. (iv) Oilseed processed through operations prior to solvent extraction such as screening, dehulling, cracking, drying, and conditioning; but that are not routed to the solvent extractor for further processing. (v) Periodic physical measurements of inventory. For example, some sources periodically empty oilseed storage silos to physically measure the current oilseed inventory. This periodic measurement procedure typically results in a small inventory correction. The correction factor, usually less than 1 percent, may be used to make an adjustment to the source's oilseed inventory that was estimated previously with indirect measurement techniques. To make this adjustment, your plan for demonstrating compliance must provide for such an adjustment. (b) Use Equation 1 of this section to determine the quantity of each oilseed type processed at your affected source during normal operating periods recorded within a calendar month. Equation 1 of this section follows: Where: SEED B SEED E SEED R SEED A n = Number of normal operating periods in the calendar month during which this type oilseed was processed. (c) The quantity of each oilseed processed is the total tons of each type of listed oilseed processed during normal operating periods in the previous 12 operating months. You determine the tons of each oilseed processed by summing the monthly quantity of each oilseed processed for the previous 12 operating months. You must record the 12 operating months quantity of each type of oilseed processed by the end of each calendar month following an operating month. Use the 12 operating months quantity of each type of oilseed processed to determine the compliance ratio as described in § 63.2840. The quantity of oilseed processed does not include oilseed processed during the operating status periods in paragraphs (c)(1) through (4) of this section: (1) Nonoperating periods as described in § 63.2853 (a)(2)(ii). (2) Initial startup periods as described in § 63.2850(c)(2) or (d)(2). (3) Before September 15, 2020, malfunction periods as described in § 63.2850(e)(2). (4) Exempt operation periods as described in § 63.2853 (a)(2)(v). (5) If any one of these four operating status periods span an entire calendar month, then the calendar month is treated as a nonoperating month and there is no compliance ratio determination. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15630, Mar. 18, 2020] Notifications, Reports, and Records § 63.2860 What notifications must I submit and when? You must submit the one-time notifications listed in paragraphs (a) through (d) of this section to the responsible agency: (a) Initial notification for existing sources. (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) Identification of the relevant standard, such as the vegetable oil production NESHAP, and compliance date. (4) A brief description of the source including the types of listed oilseeds processed, nominal operating capacity, and type of desolventizer(s) used. (5) A statement designating the source as a major source of HAP or a demonstration that the source meets the definition of an area source. An area source is a source that is not a major source and is not collocated within a plant site with other sources that are individually or collectively a major source. (b) Initial notifications for new and reconstructed sources. (1) The application for approval of construction does not require the specific HAP emission data required in § 63.5(d)(1)(ii)(H) and (iii), (d)(2) and (d)(3)(ii). The application for approval of construction would include, instead, a brief description of the source including the types of listed oilseeds processed, nominal operating capacity, and type of desolventizer(s) used. (2) The notification of actual startup date must also include whether you have elected to operate under an initial startup period subject to § 63.2850(c)(2) and provide an estimate and justification for the anticipated duration of the initial startup period. (c) Significant modification notifications. (1) Initial notification. You must submit an initial notification to the agency responsible for these NESHAP 30 days prior to initial startup of the significantly modified source. The initial notification must demonstrate that the proposed changes qualify as a significant modification. The initial notification must include the items in paragraphs (c)(1)(i) and (ii) of this section: (i) The expected startup date of the modified source. (ii) A description of the significant modification including a list of the equipment that will be replaced or modified. If the significant modification involves changes other than adding or replacing extractors, desolventizer-toasters (conventional and specialty), and meal dryer-coolers, then you must also include the fixed capital cost of the new components, expressed as a percentage of the fixed capital cost to build a comparable new vegetable oil production process; supporting documentation for the cost estimate; and documentation that the proposed changes will significantly affect solvent losses. (2) Notification of actual startup. You must submit a notification of actual startup date within 15 days after initial startup of the modified source. The notification must include the items in paragraphs (c)(2)(i) through (iv) of this section: (i) The initial startup date of the modified source. (ii) An indication whether you have elected to operate under an initial startup period subject to § 63.2850(d)(2). (iii) The anticipated duration of any initial startup period. (iv) A justification for the anticipated duration of any initial startup period. (d) Notification of compliance status. (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) Each listed oilseed type processed during the previous 12 operating months. (4) Each HAP identified under § 63.2854(a) as being present in concentrations greater than 1 percent by volume in each delivery of solvent received during the 12 operating months period used for the initial compliance determination. (5) A statement designating the source as a major source of HAP or a demonstration that the source qualifies as an area source. An area source is a source that is not a major source and is not collocated within a plant site with other sources that are individually or collectively a major source. (6) A compliance certification indicating whether the source complied with all of the requirements of this subpart throughout the 12 operating months used for the initial source compliance determination. This certification must include a certification of the items in paragraphs (d)(6)(i) through (iii) of this section: (i) The plan for demonstrating compliance (as described in § 63.2851) and SSM plan (as described in § 63.2852) are complete and available on-site for inspection. (ii) You are following the procedures described in the plan for demonstrating compliance. (iii) The compliance ratio is less than or equal to 1.00. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 73904, Nov. 19, 2020] § 63.2861 What reports must I submit and when? After the initial notifications, you must submit the reports in paragraphs (a) through (d) of this section to the agency responsible for these NESHAP at the appropriate time intervals: (a) Annual compliance certifications. (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) Each listed oilseed type processed during the 12 calendar months period covered by the report. (4) Each HAP identified under § 63.2854(a) as being present in concentrations greater than 1 percent by volume in each delivery of solvent received during the 12 calendar months period covered by the report. (5) A statement designating the source as a major source of HAP or a demonstration that the source qualifies as an area source. An area source is a source that is not a major source and is not collocated within a plant site with other sources that are individually or collectively a major source. (6) A compliance certification to indicate whether the source was in compliance for each compliance determination made during the 12 calendar months period covered by the report. For each such compliance determination, you must include a certification of the items in paragraphs (a)(6)(i) through (ii) of this section: (i) You are following the procedures described in the plan for demonstrating compliance. (ii) The compliance ratio is less than or equal to 1.00. (b) Deviation notification report. (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) Each listed oilseed type processed during the 12 operating months period for which you determined the deviation. (4) The compliance ratio comprising the deviation. You may reduce the frequency of submittal of the deviation notification report if the agency responsible for these NESHAP does not object as provided in § 63.10(e)(3)(iii). (5) Beginning on September 15, 2020, the number of deviations and for each deviation the date and duration of each deviation. Flag and provide an explanation for any deviation from the compliance ratio for which a deviation report is being submitted for more than one consecutive month ( i.e., (6) Beginning on September 15, 2020, a statement of the cause of each deviation (including unknown cause, if applicable). (7) Beginning on September 15, 2020, for each deviation, a list of the affected sources or equipment, an estimate of the quantity of HAP emitted over the emission requirements of § 63.2840, and a description of the method used to estimate the emissions. (8) A description of the deviation from the work practice standard during the initial startup period, including the records of § 63.2862(f) for the deviation. (c) Periodic startup, shutdown, and malfunction report. (1) The name, title, and signature of a source's responsible official who is certifying that the report accurately states that all actions taken during the initial startup or malfunction period were consistent with the SSM plan. (2) A description of events occurring during the time period, the date and duration of the events, and reason the time interval qualifies as an initial startup period or malfunction period. (3) An estimate of the solvent loss during the initial startup or malfunction period with supporting documentation. (d) Immediate SSM reports. (1) The name, title, and signature of a source's responsible official who is certifying the accuracy of the report, an explanation of the event, and the reasons for not following the SSM plan. (2) A description and date of the SSM event, its duration, and reason it qualifies as a SSM. (3) An estimate of the solvent loss for the duration of the SSM event with supporting documentation. (e) Initial startup period reports. (1) The name and address of the owner or operator. (2) The physical address of the vegetable oil production process. (3) A compliance certification indicating whether the source was in compliance with the work practice standard of § 63.2840(h). (f) Performance tests. (1) Data collected using test methods supported by EPA's Electronic Reporting Tool (ERT) as listed on EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by EPA's ERT as listed on EPA's ERT website at the time of the test. (3) Confidential business information (CBI). (g) Submitting reports electronically. https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (h) Claims of EPA system outage. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (i) Claims of force majeure. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [66 FR 19011, Apr. 12, 2001, as amended at 67 FR 16321, Apr. 5, 2002; 85 FR 15630, Mar. 18, 2020] § 63.2862 What records must I keep? (a) You must satisfy the recordkeeping requirements of this section by the compliance date for your source specified in Table 1 of § 63.2834. (b) Before September 15, 2020, prepare a plan for demonstrating compliance (as described in § 63.2851) and a SSM plan (as described in § 63.2852). In these two plans, describe the procedures you will follow in obtaining and recording data, and determining compliance under normal operations or a SSM subject to the § 63.2850(c)(2) or (d)(2) initial startup period or the § 63.2850(e)(2) malfunction period. Complete both plans before the compliance date for your source and keep them on-site and readily available as long as the source is operational. On and after September 15, 2020, the requirement to prepare a SSM plan no longer applies, and the plan for demonstrating compliance must only describe the procedures you develop according to the requirements of § 63.2851. (c) If your source processes any listed oilseed, record the items in paragraphs (c)(1) through (3) of this section: (1) For the solvent inventory, record the information in paragraphs (c)(1)(i) through (vii) of this section in accordance with your plan for demonstrating compliance: (i) Dates that define each operating status period during a calendar month. (ii) The operating status of your source such as normal operation, nonoperating, initial startup period, malfunction period, or exempt operation for each recorded time interval. (iii) Record the gallons of extraction solvent in the inventory on the beginning and ending dates of each normal operating period. (iv) The gallons of all extraction solvent received, purchased, and recovered during each calendar month. (v) All extraction solvent inventory adjustments, additions or subtractions. You must document the reason for the adjustment and justify the quantity of the adjustment. (vi) The total solvent loss for each calendar month, regardless of the source operating status. (vii) The actual solvent loss in gallons for each operating month. (2) For the weighted average volume fraction of HAP in the extraction solvent, you must record the items in paragraphs (c)(2)(i) through (iii) of this section: (i) The gallons of extraction solvent received in each delivery. (ii) The volume fraction of each HAP exceeding 1 percent by volume in each delivery of extraction solvent. (iii) The weighted average volume fraction of HAP in extraction solvent received since the end of the last operating month as determined in accordance with § 63.2854(b)(2). (3) For each type of listed oilseed processed, record the items in paragraphs (c)(3)(i) through (vi) of this section, in accordance with your plan for demonstrating compliance: (i) The dates that define each operating status period. These dates must be the same as the dates entered for the extraction solvent inventory. (ii) The operating status of your source, as described in § 63.2853(a)(2). On the log for each type of listed oilseed that is not being processed during a normal operating period, you must record which type of listed oilseed is being processed in addition to the source operating status. (iii) The oilseed inventory for the type of listed oilseed being processed on the beginning and ending dates of each normal operating period. (iv) The tons of each type of listed oilseed received at the affected source each normal operating period. (v) All listed oilseed inventory adjustments, additions or subtractions for normal operating periods. You must document the reason for the adjustment and justify the quantity of the adjustment. (vi) The tons of each type of listed oilseed processed during each operating month. (d) After your source has processed listed oilseed for 12 operating months, record the items in paragraphs (d)(1) through (5) of this section by the end of the calendar month following each operating month: (1) The 12 operating months rolling sum of the actual solvent loss in gallons as described in § 63.2853(c). (2) The weighted average volume fraction of HAP in extraction solvent received for the previous 12 operating months as described in § 63.2854(b)(3). (3) The 12 operating months rolling sum of each type of listed oilseed processed at the affected source in tons as described in § 63.2855(c). (4) A determination of the compliance ratio. Using the values from §§ 63.2853, 63.2854, 63.2855, and Table 1 of § 63.2840, calculate the compliance ratio using Equation 2 of § 63.2840. (5) A statement of whether the source is in compliance with all of the requirements of this subpart. This includes a determination of whether you have met all of the applicable requirements in § 63.2850. (e) Before September 15, 2020, for each SSM event subject to an initial startup period as described in § 63.2850(c)(2) or (d)(2), or a malfunction period as described in § 63.2850(e)(2), record the items in paragraphs (e)(1) through (3) of this section by the end of the calendar month following each month in which the initial startup period or malfunction period occurred. The provisions of this paragraph (e) do not apply on and after September 15, 2020. (1) A description and date of the SSM event, its duration, and reason it qualifies as an initial startup or malfunction. (2) An estimate of the solvent loss in gallons for the duration of the initial startup or malfunction period with supporting documentation. (3) A checklist or other mechanism to indicate whether the SSM plan was followed during the initial startup or malfunction period. (f) On and after September 15, 2020, for each initial startup period subject to § 63.2850(c)(2) or (d)(2), record the items in paragraphs (f)(1) through (6) of this section by the end of the calendar month following each month in which the initial startup period occurred. (1) A description and dates of the initial startup period, and reason it qualifies as an initial startup. (2) An estimate of the solvent loss in gallons for the duration of the initial startup or malfunction period with supporting documentation. (3) Nominal design rate of the extractor and operating rate of the extractor for the duration of the initial startup period, or permitted production rate and actual production rate of your source for the duration of the initial startup period. (4) Measured values for temperature and pressure for the desolventizing and oil distillation units associated with solvent recovery. (5) Information to indicate the mineral oil absorption system was operating at all times during the initial startup period. (6) Information to indicate the solvent condensers were operating at all times during the initial startup period. (g) On and after September 15, 2020, keep the records of deviations specified in paragraphs (f)(1) through (4) of this section for each compliance determination you make in which the compliance ratio exceeds 1.00 as determined under § 63.2840(c) or if you deviate from the work practice standard for an initial startup period subject to § 63.2850(c)(2) or (d)(2). (1) The number of deviations, and the date and duration of each deviation. For deviations from the compliance ratio, the date of the deviation is the date the compliance ratio determination is made. The duration of the deviation from the compliance ratio is the length of time taken to address the cause of the deviation, including the duration of any malfunction, and return the affected unit(s) to its normal or usual manner of operation. For deviations from the work practice standard during the initial startup period, the date of the deviation is the date(s) when the facility fails to comply with any of the work practice standard in § 63.2840(h). The duration of the deviation from the work practice standard is the length of time taken to return to the work practice standards. (2) A statement of the cause of each deviation (including unknown cause, if applicable). (3) For each deviation, a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (4) Actions taken to minimize emissions in accordance with § 63.2840(g), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (5) If you deviate from the work practice standard for an initial startup period, a description of the deviation from the work practice standard. (h) Any records required to be maintained by this part that are submitted electronically via EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or EPA as part of an on-site compliance evaluation. [66 FR 19011, Apr. 12, 2001, as amended at 85 FR 15632, Mar. 18, 2020] § 63.2863 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for review in accordance with § 63.10(b)(1). (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, in accordance with § 3.10(b)(1). You can keep the records off-site for the remaining 3 years. Other Requirements and Information § 63.2870 What parts of the General Provisions apply to me? Table 1 of this section shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Table 1 of § 63.2870 follows: Table 1 to § 63.2870—Applicability of 40 CFR Part 63, Subpart A, to 40 CFR, Part 63, Subpart GGGG General provisions citation Subject of citation Brief description of requirement Applies to subpart Explanation § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions; notifications Yes § 63.2 Definitions Definitions for part 63 standards Yes Except as specifically provided in this subpart. § 63.3 Units and abbreviations Units and abbreviations for part 63 standards Yes § 63.4 Prohibited activities and circumvention Prohibited activities; compliance date; circumvention; severability Yes § 63.5 Construction/reconstruction Applicability; applications; approvals Yes Except for subsections of § 63.5 as listed below. § 63.5(c) [Reserved] § 63.5(d)(1)(ii)(H) Application for approval Type and quantity of HAP, operating parameters No All sources emit HAP. Subpart GGGG does not require control from specific emission points. § 63.5(d)(1)(ii)(I) [Reserved] § 63.5(d)(1)(iii), (d)(2), (d)(3)(ii) Application for approval No The requirements of the application for approval for new, reconstructed and significantly modified sources are described in § 63.2860(b) and (c) of subpart GGGG. General provision requirements for identification of HAP emission points or estimates of actual emissions are not required. Descriptions of control and methods, and the estimated and actual control efficiency of such do not apply. Requirements for describing control equipment and the estimated and actual control efficiency of such equipment apply only to control equipment to which the subpart GGGG requirements for quantifying. § 63.6 Applicability of General Provisions Applicability Yes Except for subsections of § 63.6 as listed below. § 63.6(b)(1)-(3) Compliance dates, new and reconstructed sources No Section 63.2834 of subpart GGGG specifies the compliance dates for new and reconstructed sources. § 63.6(b)(6) [Reserved] § 63.6(c)(3)-(4) [Reserved] § 63.6(d) [Reserved] § 63.6(e)(1)(i) Operation and Maintenance Yes, before September 15, 2020. No, on or after September 15, 2020 See § 63.2840(g) for general duty requirement § 63.6(e)(1)(ii) Operation and Maintenance Requirement to correct malfunctions as soon as practicable Yes, before September 15, 2020]. No, on or after September 15, 2020 See § 63.2840(g) for general duty requirement. § 63.6(e)(3)(i) through (e)(3)(ii) and § 63.6(e)(3)(v) through (vii) Operation and maintenance requirements Yes, before September 15, 2020 Minimize emissions to the extent practicable. On or after September 15, 2020, see § 63.2840(g) for general duty requirement. § 63.6(e)(3)(iii) Operation and maintenance requirements No Minimize emissions to the extent practicable. On or after September 15, 2020, see § 63.2840(g) for general duty requirement. § 63.6(e)(3)(iv) Operation and maintenance requirements No Report SSM and in accordance with § 63.2861(c) and (d). § 63.6(e)(3)(viii) Operation and maintenance requirements Yes, before September 15, 2020. No, on or after September 15, 2020 Except, before September 15, 2020, report each revision to your SSM plan in accordance with § 63.2861(c) rather than § 63.10(d)(5) as required under § 63.6(e)(3)(viii). § 63.6(e)(3)(ix) Title V permit Yes, before September 15, 2020. No, on or after September 15, 2020 § 63.6(f)(1) Compliance with nonopacity emission standards except during SSM Comply with emission standards at all times except during SSM Yes, before September 15, 2020. No, on or after September 15, 2020 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Standard Yes § 63.6(h) Opacity/Visible emission (VE) standards No Subpart GGGG has no opacity or VE standards. § 63.6(i) Compliance extension Procedures and criteria for responsible agency to grant compliance extension Yes. § 63.6(j) Presidential compliance exemption President may exempt source category from requirement to comply with subpart Yes. § 63.7(e)(1) Performance testing requirements Representative conditions for performance test Yes, before September 15, 2020. No, on or after September 15, 2020 See § 63.2853(a)(5)(i)(A) for performance testing requirements. § 63.7(e)(2)-(4), (f), (g), and (h) Performance testing requirements Schedule, conditions, notifications and procedures Yes Subpart GGGG requires performance testing only if the source applies additional control that destroys solvent. Section 63.2850(a)(6) requires sources to follow the performance testing guidelines of the General Provisions if a control is added. § 63.8 Monitoring requirements No Subpart GGGG does not require monitoring other than as specified therein. § 63.9 Notification requirements Applicability and state delegation Yes Except for subsections of § 63.9 as listed below. § 63.9(b)(2) Notification requirements Initial notification requirements for existing sources No Section 63.2860(a) of subpart GGGG specifies the requirements of the initial notification for existing sources. § 63.9(b)(3)-(5) Notification requirements Notification requirement for certain new/reconstructed sources Yes Except the information requirements differ as described in § 63.2860(b) of subpart GGGG. § 63.9(e) Notification of performance test Notify responsible agency 60 days ahead Yes Applies only if performance testing is performed. § 63.9(f) Notification of VE/opacity observations Notify responsible agency 30 days ahead No Subpart GGGG has no opacity or VE standards. § 63.9(g) Additional notifications when using a continuous monitoring system (CMS) Notification of performance evaluation; Notification using COMS data; notification that exceeded criterion for relative accuracy No Subpart GGGG has no CMS requirements. § 63.9(h) Notification of compliance status Contents No Section 63.2860(d) of subpart GGGG specifies requirements for the notification of compliance status. § 63.9(j) Notification requirements Change in previous information Yes § 63.9(k) Notification requirements Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10 Recordkeeping/reporting Schedule for reporting, record storage Yes Except for subsections of § 63.10 as listed below. § 63.10(b)(2)(i) Recordkeeping Record SSM event Yes, before September 15, 2020. No, on or after September 15, 2020 Before September 15, 2020, applicable to periods when sources must implement their SSM plan as specified in subpart GGGG. On or after September 15, 2020, meet the requirements of § 63.2862(f). § 63.10(b)(2)(ii)-(iii) Recordkeeping Malfunction of air pollution equipment No Before September 15, 2020, applies only if air pollution control equipment has been added to the process and is necessary for the source to meet the emission limit. On or after September 15, 2020, meet the requirements of § 63.2862(g). § 63.10(b)(2)(iv)-(v) Recordkeeping SSM recordkeeping Yes, before September 15, 2020. No, on or after September 15, 2020 § 63.10(b)(2)(vi) Recordkeeping CMS recordkeeping No Subpart GGGG has no CMS requirements. § 63.10(b)(2)(viii)-(ix) Recordkeeping Conditions of performance test Yes Applies only if performance tests are performed. Subpart GGGG does not have any CMS opacity or VE observation requirements. § 63.10(b)(2)(x)-(xii) Recordkeeping CMS, performance testing, and opacity and VE observations recordkeeping No Subpart GGGG does not require CMS. § 63.10(c) Recordkeeping Additional CMS recordkeeping No Subpart GGGG does not require CMS. § 63.10(d)(2) Reporting Reporting performance test results Yes Applies only if performance testing is performed. § 63.10(d)(3) Reporting Reporting opacity or VE observations No Subpart GGGG has no opacity or VE standards. § 63.10(d)(4) Reporting Progress reports Yes Applies only if a condition of compliance extension exists. § 63.10(d)(5) Reporting SSM reporting No Section 63.2861(c) and (d) specify SSM reporting requirements. § 63.10(e) Reporting Additional CMS reports No Subpart GGGG does not require CMS. § 63.11 Control device requirements Requirements for flares Yes Applies only if your source uses a flare to control solvent emissions. Subpart GGGG does not require flares. § 63.12 State authority and delegations State authority to enforce standards Yes § 63.13 State/regional addresses Addresses where reports, notifications, and requests are sent Yes § 63.14 Incorporation by reference Test methods incorporated by reference Yes § 63.15 Availability of information and confidentiality Public and confidential information Yes [66 FR 19011, Apr. 12, 2001, as amended at 67 FR 16321, Apr. 5, 2002; 71 FR 20463, Apr. 20, 2006; 85 FR 15632, Mar. 18, 2020; 85 FR 73904, Nov. 19, 2020] § 63.2871 Who implements and enforces this subpart? (a) This subpart can be implemented by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, as well as the U.S. EPA, has the authority to implement and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the Administrator of the U.S. EPA and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are as follows: (1) Approval of alternative nonopacity emissions standards under § 63.6(g). (2) Approval of alternative opacity standards under § 63.6(h)(9). (3) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (4) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (5) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.2872 What definitions apply to this subpart? Terms used in this subpart are defined in the sources listed: (a) The Clean Air Act, section 112(a). (b) In 40 CFR 63.2, the NESHAP General Provisions. (c) In this section as follows: Accounting month Actual solvent loss Agricultural product Allowable HAP loss Area source As received Batch operation Calendar month Compliance date Compliance ratio Continuous operation Conventional desolventizer Corn germ dry milling Corn germ wet milling Exempt period Extraction solvent Hazardous air pollutant (HAP) Initial startup date Initial startup period Large cottonseed plant Malfunction period Mechanical extraction Nonoperating month Nonoperating period Normal operating period normal operation Oilseed or listed oilseed Oilseed solvent loss factor Operating month Significant modification (1) Significantly affects solvent losses from your vegetable oil production process; (2) The fixed capital cost of the new components represents a significant percentage of the fixed capital cost of building a comparable new vegetable oil production process; (3) The fixed capital cost of the new equipment does not constitute reconstruction as defined in § 63.2; and (4) Examples of significant modifications include replacement of or major changes to solvent recovery equipment such as extractors, desolventizer-toasters/dryer-coolers, flash desolventizers, and distillation equipment associated with the mineral oil system, and equipment affecting desolventizing efficiency and steady-state operation of your vegetable oil production process such as flaking mills, oilseed heating and conditioning equipment, and cracking mills. Small cottonseed plant Solvent extraction Solvent working capacity Specialty desolventizer Vegetable oil production process [66 FR 19011, Apr. 12, 2001, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 15635, Mar. 18, 2020] Subpart HHHH—National Emission Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production Source: 67 FR 17835, Apr. 11, 2002, unless otherwise noted. What This Subpart Covers § 63.2980 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for emissions from facilities that produce wet-formed fiberglass mat. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.2981 Does this subpart apply to me? You must comply with this subpart if you meet the criteria in paragraphs (a) and (b) of this section: (a) You own or operate a drying and curing oven at a wet-formed fiberglass mat production facility. (b) Your drying and curing oven or the facility at which your drying and curing oven is located is a major source of hazardous air pollutants (HAP). A major source is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or can potentially emit, considering controls, in the aggregate, 9.07 megagrams (10 tons) or more per year of a single HAP or 22.68 megagrams (25 tons) or more per year of any combination of HAP. § 63.2982 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing affected source. The affected source (the portion of your plant covered by this subpart) is each wet-formed fiberglass mat drying and curing oven. (b) An affected source is a new affected source if you commenced construction of the affected source after May 26, 2000, and you meet the applicability criteria in § 63.2981 at start-up. (c) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (d) An affected source is existing if it is not new or reconstructed. Emission Limitations § 63.2983 What emission limits must I meet? (a) You must limit the formaldehyde emissions from each drying and curing oven by either: (1) Limiting emissions of formaldehyde to 0.03 kilograms or less per megagram (0.05 pounds per ton) of fiberglass mat produced; or (2) Reducing uncontrolled formaldehyde emissions by 96 percent or more. (b) [Reserved] § 63.2984 What operating limits must I meet? (a) You must maintain operating parameters within established limits or ranges specified in your operation, maintenance, and monitoring (OMM) plan described in § 63.2987. If there is a deviation of any of the specified parameters from the limit or range specified in the OMM plan, you must address the deviation according to paragraph (b) of this section. You must comply with the operating limits specified in paragraphs (a)(1) through (4) of this section: (1) You must operate the thermal oxidizer so that the average operating temperature in any 3-hour block period does not fall below the temperature established during your performance test and specified in your OMM plan, except during periods when using a non-HAP binder. (2) You must not use a resin with a free-formaldehyde content greater than that of the resin used during your performance test and specified in your OMM plan. (3) You must operate the wet-formed fiberglass mat production process so that the average urea formaldehyde resin solids application rate in any 3-hour block period does not exceed the average application rate achieved during your performance test and specified in your OMM plan. (4) If you use an add-on control device other than a thermal oxidizer or wish to monitor an alternative parameter and comply with a different operating limit than the limit specified in paragraph (a)(1) of this section, you must obtain approval for the alternative monitoring under § 63.8(f). You must include the approved alternative monitoring and operating limits in the OMM plan specified in § 63.2987. (b) When during a period of normal operation, you detect that an operating parameter deviates from the limit or range established in paragraph (a) of this section, you must initiate corrective actions within 1 hour according to the provisions of your OMM plan. The corrective actions must be completed in an expeditious manner as specified in the OMM plan. (c) You must maintain and inspect control devices according to the procedures specified in the OMM plan. (d) You must include the operating limits specified in paragraphs (a)(1) through (4) of this section and their allowable ranges or levels in your OMM plan. Your 40 CFR part 70 operating permit for the drying and curing oven must contain a requirement that you develop and operate according to an OMM plan at all times. (e) If you use a thermal oxidizer or other control device to achieve the emission limits in § 63.2983, you must capture and convey the formaldehyde emissions from each drying and curing oven according to the procedures in Chapters 3 and 5 of “Industrial Ventilation: A Manual of Recommended Practice” (23rd Edition) or the appropriate chapters of “Industrial Ventilation: A Manual of Recommended Practice for Design” (27th Edition) (both are incorporated by reference, see § 63.14). In addition, you may use an alternate as approved by the Administrator. [67 FR 17835, Apr. 11, 2002, as amended at 71 FR 20464, Apr. 20, 2006; 84 FR 6692, Feb. 28, 2019] § 63.2985 When do I have to comply with these standards? (a) Existing drying and curing ovens must be in compliance with this subpart no later than April 11, 2005, except as otherwise specified in this section and §§ 63.2986, 63.2998, 63.3000, and 63.3004 and Table 2 to this subpart. (b) Drying and curing ovens constructed or reconstructed after May 26, 2000 and before April 9, 2018 must be in compliance with this subpart at startup or by April 11, 2002, whichever is later, except as otherwise specified in this section and §§ 63.2986, 63.2998, 63.3000, and 63.3004 and Table 2 to this subpart. (c) If your facility is an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, the following apply: (1) Any portion of the existing facility that is a new affected source or a new reconstructed affected source must be in compliance upon startup. (2) All other parts of the source must be in compliance with this subpart 1 year after becoming a major source or by April 11, 2005, whichever is later. (d) Drying and curing ovens constructed or reconstructed after April 6, 2018 must be in compliance with this subpart at startup or by February 28, 2019 whichever is later. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6692, Feb. 28, 2019] § 63.2986 How do I comply with the standards? (a) You must install, maintain, and operate a thermal oxidizer or other control device or implement a process modification that reduces formaldehyde emissions from each drying and curing oven to the emission limits specified in § 63.2983. (b) You must comply with the operating limits specified in § 63.2984. The operating limits prescribe the requirements for demonstrating continuous compliance based on the OMM plan. You must begin complying with the operating limits on the date by which you must complete the initial performance test. (c) You must conduct a performance test according to §§ 63.2991, 63.2992, and 63.2993 to demonstrate compliance for each drying and curing oven subject to the emission limits in § 63.2983, and to establish or modify the operating limits or ranges for process or control device parameters that will be monitored to demonstrate continuous compliance. (d) You must install, calibrate, maintain, and operate devices that monitor the parameters specified in your OMM plan at the frequency specified in the plan. All continuous parameter monitoring systems must be installed and operating no later than the applicable compliance date specified in § 63.2985. (e) You must prepare and follow a written OMM plan as specified in § 63.2987. (f) You must comply with the monitoring, recordkeeping, notification, and reporting requirements of this subpart as required by §§ 63.2996 through 63.3000. (g) You must comply with the requirements in paragraphs (g)(1) through (3) of this section. (1) Before August 28, 2019, existing drying and curing ovens and drying and curing ovens constructed or reconstructed after May 26, 2000 and before April 7, 2018 must be in compliance with the emission limits in § 63.2983 and the operating limits in § 63.2984 at all times, except during periods of startup, shutdown, or malfunction. After August 27, 2019, affected sources must be in compliance with the emission limits in § 63.2983 and the operating limits in § 63.2984 at all times, including periods of startup, shutdown, or malfunction. Affected sources that commence construction or reconstruction after April 6, 2018, must comply with all requirements of the subpart, no later than February 28, 2019 or upon startup, whichever is later. (2) Before August 28, 2019, existing drying and curing ovens and drying and curing ovens constructed or reconstructed after May 26, 2000 and before April 9, 2018 must always operate and maintain any affected source, including air pollution control equipment and monitoring equipment, according to the provisions in § 63.6(e)(1). After August 27, 2019, for such affected sources, and after February 28, 2019 for affected sources that commence construction or reconstruction after April 6, 2018, at all times, you must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if you are in compliance with the emissions limits required by this subpart. The Administrator will base the determination of whether a source is operating in compliance with operation and maintenance requirements on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (3) Before August 28, 2019, for each existing source and for each new or reconstructed source for which construction commenced after May 26, 2000 and before April 9, 2018, you must maintain your written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). The startup, shutdown, and malfunction plan must address the startup, shutdown, and corrective actions taken for malfunctioning process and air pollution control equipment. A startup, shutdown, and malfunction plan is not required for such affected sources after August 27, 2019. No startup, shutdown, or malfunction plan is required for any affected source that commences construction or reconstruction after April 6, 2018. [67 FR 17835, Apr. 11, 2002, as amended at 71 FR 20464, Apr. 20, 2006; 84 FR 6693, Feb. 28, 2019] Operation, Maintenance, and Monitoring Plan § 63.2987 What must my operation, maintenance, and monitoring (OMM) plan include? (a) You must prescribe the monitoring that will be performed to ensure compliance with these emission limitations. Table 1 to this subpart lists the minimum monitoring requirements. Your plan must specify the items listed in paragraphs (a)(1) through (3) of this section: (1) Each process and control device to be monitored, the type of monitoring device that will be used, and the operating parameters that will be monitored. (2) A monitoring schedule that specifies the frequency that the parameter values will be determined and recorded. (3) The operating limits or ranges for each parameter that represent continuous compliance with the emission limits in § 63.2983. Operating limits and ranges must be based on values of the monitored parameters recorded during performance tests. (b) You must establish routine and long-term maintenance and inspection schedules for each control device. You must incorporate in the schedules the control device manufacturer's recommendations for maintenance and inspections or equivalent procedures. If you use a thermal oxidizer, the maintenance schedule must include procedures for annual or more frequent inspection of the thermal oxidizer to ensure that the structural and design integrity of the combustion chamber is maintained. At a minimum, you must meet the requirements of paragraphs (b)(1) through (10) of this section: (1) Inspect all burners, pilot assemblies, and pilot sensing devices for proper operation. Clean pilot sensor if necessary. (2) Ensure proper adjustment of combustion air and adjust if necessary. (3) Inspect, when possible, all internal structures (such as baffles) to ensure structural integrity per the design specifications. (4) Inspect dampers, fans, and blowers for proper operation. (5) Inspect motors for proper operation. (6) Inspect, when possible, combustion chamber refractory lining. Clean and repair or replace lining if necessary. (7) Inspect the thermal oxidizer shell for proper sealing, corrosion, and hot spots. (8) For the burn cycle that follows the inspection, document that the thermal oxidizer is operating properly and make any necessary adjustments. (9) Generally observe whether the equipment is maintained in good operating condition. (10) Complete all necessary repairs as soon as practicable. (c) You must establish procedures for responding to operating parameter deviations. At a minimum, the procedures must include the information in paragraphs (c)(1) through (3) of this section. (1) Procedures for determining the cause of the operating parameter deviation. (2) Actions for correcting the deviation and returning the operating parameters to the allowable ranges or limits. (3) Procedures for recording the date and time that the deviation began and ended, and the times corrective actions were initiated and completed. (d) Your plan must specify the recordkeeping procedures to document compliance with the emissions and operating limits. Table 1 to this subpart establishes the minimum recordkeeping requirements. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019] § 63.2988 [Reserved] § 63.2989 How do I change my OMM plan? Changes to the operating limits or ranges in your OMM plan require a new performance test. (a) To revise the ranges or levels established for your operating limits in § 63.2984, you must meet the requirements in paragraphs (a)(1) and (2) of this section: (1) Submit a notification of performance test to the Administrator as specified in § 63.7(b) to revise your operating ranges or limits. (2) After completing the performance test to demonstrate that compliance with the emissions limits can be achieved at the revised levels of the operating limits, you must submit the performance test results and the revised operating limits as part of the notification of compliance status required under § 63.9(h). (b) If you are revising the inspection and maintenance procedures in your plan that are specified in § 63.2987(b), you do not need to conduct a new performance test. (c) If you plan to operate your process or control device under alternative operating conditions and do not wish to revise your OMM plan when you change operating conditions, you can perform a separate compliance test to establish operating limits for each condition. You can then include the operating limits for each condition in your OMM plan. After completing the performance tests, you must record the date and time when you change operations from one condition to another, the condition under which you are operating, and the operating limits that apply under that condition. If you can perform a single performance test that establishes the most stringent operating limits that cover all alternative operating conditions, then you do not need to comply with the provisions of this paragraph. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019] § 63.2990 Can I conduct short-term experimental production runs that cause parameters to deviate from operating limits? With the approval of the Administrator, you may conduct short-term experimental production runs during which your operating parameters deviate from the operating limits. Experimental runs may include, but are not limited to, runs using resin with a higher free-formaldehyde content than specified in the OMM plan, or using experimental pollution prevention techniques. To conduct a short-term experimental production run, you must complete the requirements in paragraphs (a) and (b) of this section. (a) Prepare an application to the Administrator for approval to conduct the experimental production runs. Your application must include the items listed in paragraphs (a)(1) through (6) of this section. (1) The purpose of the experimental production run. (2) Identification of the affected line. (3) An explanation of how the operating parameters will deviate from the previously approved ranges and limits. (4) The duration of the experimental production run. (5) The date and time of the experimental production run. (6) A description of any emission testing to be performed during the experimental production run. (b) Submit the application to the Administrator for approval at least 30 days before you conduct the experimental production run. (c) If you conduct such experimental production runs without first receiving approval from the Administrator, then you must conduct a performance test under those same experimental production run conditions to show that you were in compliance with the formaldehyde emission limits in § 63.2983. Testing and Initial Compliance Requirements § 63.2991 When must I conduct performance tests? Except for drying and curing ovens subject to a federally enforceable permit that requires the exclusive use of non-HAP binders, you must conduct a performance test for each drying and curing oven subject to this subpart according to the provisions in paragraphs (a) through (c) of this section: (a) Initially. (b) Every 5 years. (c) To change your OMM plan. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019] § 63.2992 How do I conduct a performance test? (a) You must verify the performance of monitoring equipment as specified in § 63.2994 before performing the test. (b) You must conduct the performance test according to the requirements in § 63.7(a) through (d), (e)(2) through (4), and (f) through (h). (c) You must conduct the performance test under the conditions specified in paragraphs (c)(1) and (2) of this section. (1) The resin must have the highest specified free-formaldehyde content that will be used. (2) You must operate at the maximum feasible urea-formaldehyde resin solids application rate (pounds urea-formaldehyde resin solids applied per hour) that will be used. (d) During the performance test, you must monitor and record the operating parameters that you will use to demonstrate continuous compliance after the test. These parameters are listed in Table 1 to this subpart. (e) You must conduct performance tests under conditions that are representative of the performance of the affected source. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and record an explanation to support that such conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (f) You must conduct three separate test runs for each performance test as specified in § 63.7(e)(3), and each test run must last at least 1 hour. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6693, Feb. 28, 2019] § 63.2993 What test methods must I use in conducting performance tests? (a) Use EPA Method 1 (40 CFR part 60, appendix A-1) for selecting the sampling port location and the number of sampling ports. (b) Use EPA Method 2 (40 CFR part 60, appendix A-1) for measuring the volumetric flow rate of the stack gas. (c) Use EPA Method 3 or 3A (40 CFR part 60, appendix A-2) for measuring oxygen and carbon dioxide concentrations needed to correct formaldehyde concentration measurements to a standard basis. (d) Use EPA Method 4 (40 CFR part 60, appendix A-3) for measuring the moisture content of the stack gas. (e) Use EPA Method 316, 318, or 320 (40 CFR part 63, appendix A) for measuring the concentration of formaldehyde. (f) Use the method contained in appendix A to this subpart or the resin purchase specification and the vendor specification sheet for each resin lot for determining the free-formaldehyde content in the urea-formaldehyde resin. (g) Use the method in appendix B to this subpart for determining product loss-on-ignition. [84 FR 6694, Feb. 28, 2019] § 63.2994 How do I verify the performance of monitoring equipment? (a) Before conducting the performance test, you must take the steps listed in paragraphs (a)(1) through (3) of this section: (1) Install and calibrate all process equipment, control devices, and monitoring equipment. (2) Develop and implement a continuous parameter monitoring system (CPMS) quality control program that includes written procedures for CPMS according to § 63.8(d)(1) and (2). You must keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this subpart, to be made available for inspection, upon request, by the Administrator. If you revise the performance evaluation plan, you must keep previous ( i.e., (3) Conduct a performance evaluation of the CPMS according to § 63.8(e) which specifies the general requirements and requirements for notifications, the site-specific performance evaluation plan, conduct of the performance evaluation, and reporting of performance evaluation results. (b) If you use a thermal oxidizer, the temperature monitoring device must meet the performance and equipment specifications listed in paragraphs (b)(1) through (3) of this section: (1) The temperature monitoring device must be installed either at the exit of the combustion zone of each thermal oxidizer, or at the location specified by the manufacturer. The temperature monitoring device must also be installed in a location before any heat recovery or heat exchange equipment, and it must remain in the same location for both the performance test and the continuous monitoring of temperature. (2) The recorder response range must include zero and 1.5 times the average temperature required in § 63.2984(a)(1). (3) The measurement method or reference method for calibration must be a National Institute of Standards and Technology calibrated reference thermocouple-potentiometer system or an alternate reference subject to the approval of the Administrator. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019] § 63.2995 What equations must I use to determine compliance? (a) Percent reduction for formaldehyde. Where: E f M i M o (b) Formaldehyde mass emissions rate. Where: E = Formaldehyde mass emissions rate, kilograms (pounds) of formaldehyde per megagram (ton) of fiberglass mat produced. M = Formaldehyde mass emissions rate, kilograms (pounds) per hour. P = The wet-formed fiberglass mat production rate during the emissions sampling period, including any material trimmed from the final product, megagrams (tons) per hour. (c) Urea-formaldehyde (UF) resin solids application rate. Where: UF solids/hour = UF resin solids application rate (pounds per hour). LOI = loss on ignition (weight faction), or pound of organic binder per pound of mat. UFL = UF-to-latex ratio in the binder (mass fraction of UF resin solids in total combined resin solids for UF and latex), or pound of UF solids per pound of total resin solids (UF and latex). MW = weight of the final mat per square (pounds per roofing square). SQ = roofing squares produced per hour. Monitoring Requirements § 63.2996 What must I monitor? (a) You must monitor the parameters listed in Table 1 to this subpart and any other parameters specified in your OMM plan. You must monitor the parameters, at a minimum, at the corresponding frequencies listed in Table 1 to this subpart, except as specified in paragraph (b) of this section. (b) During periods when using a non-HAP binder, you are not required to monitor the parameters in Table 1 to this subpart. [84 FR 6694, Feb. 28, 2019] § 63.2997 What are the requirements for monitoring devices? (a) If you control formaldehyde emissions using a thermal oxidizer, you must meet the requirements in paragraphs (a)(1) and (2) of this section: (1) Install, calibrate, maintain, and operate a device to monitor and record continuously the thermal oxidizer temperature at the exit of the combustion zone before any substantial heat exchange occurs or at the location consistent with the manufacturer's recommendations. (2) Continuously monitor the thermal oxidizer temperature and determine and record the average temperature in 15-minute and 3-hour block averages. You may determine the average temperature more frequently than every 15 minutes and every 3 hours, but not less frequently. (b) If you use process modifications or a control device other than a thermal oxidizer to control formaldehyde emissions, you must install, calibrate, maintain, and operate devices to monitor the parameters established in your OMM plan at the frequency established in the plan. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019] Notifications, Reports, and Records § 63.2998 What records must I maintain? You must maintain records according to the procedures of § 63.10. You must maintain the records listed in paragraphs (a) through (i) of this section. (a) All records required by § 63.10, where applicable. Table 2 of this subpart presents the applicable requirements of the general provisions. (b) The OMM plan. (c) During periods when the binder formulation being applied contains HAP, records of values of monitored parameters listed in Table 1 to this subpart to show continuous compliance with each operating limit specified in Table 1 to this subpart. If you do not monitor the parameters in Table 1 to this subpart during periods when using non-HAP binder, you must record the dates and times that production of mat using non-HAP binder began and ended. (d) Records of maintenance and inspections performed on the control devices. (e) Before August 28, 2019, for existing drying and curing ovens and drying and curing ovens constructed or reconstructed after May 26, 2000 and before April 7, 2018, if an operating parameter deviation occurs, you must record: (1) The date, time, and duration of the operating parameter deviation; (2) A brief description of the cause of the operating parameter deviation; (3) The dates and times at which corrective actions were initiated and completed; (4) A brief description of the corrective actions taken to return the parameter to the limit or to within the range specified in the OMM plan; and (5) A record of whether the deviation occurred during a period of startup, shutdown, or malfunction. (f) Before August 28, 2019, for existing drying and curing ovens and drying and curing ovens constructed or reconstructed after May 26, 2000 and before April 7, 2018, keep all records specified in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. Records specified in § 63.6(e)(3)(iii) through (v) are not required to be kept after August 27, 2019 for existing or new drying and curing ovens. (g) After February 28, 2019 for affected sources that commence construction or reconstruction after April 6, 2018, and after August 27, 2019 for all other affected sources, in the event that an affected source fails to meet an applicable standard, including deviations from an emission limit in § 63.2983 or an operating limit in § 63.2984, you must record the number of failures and, for each failure, you must: (1) Record the date, time, and duration of the failure; (2) Describe the cause of the failure; (3) Record and retain a list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions; and (4) Record actions taken to minimize emissions in accordance with § 63.2986(g)(2) and any corrective actions taken to return the affected unit to its normal or usual manner of operation and/or to return the operating parameter to the limit or to within the range specified in the OMM plan, and the dates and times at which corrective actions were initiated and completed. (h) If you operate your process or control device under alternative operating condition and have established operating limits for each condition as specified in § 63.2989(c), then you must keep records of the date and time you changed operations from one condition to another, the condition under which you are operating, and the applicable operating limits for that condition. (i) Records showing how the maximum residence time was derived. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6694, Feb. 28, 2019] § 63.2999 In what form and for how long must I maintain records? (a) You must maintain each record required by this subpart for 5 years. You must maintain the most recent 2 years of records at the facility. The remaining 3 years of records may be retained offsite. (b) Your records must be readily available and in a form so they can be easily inspected and reviewed. You can keep the records on paper or an alternative medium, such as microfilm, computer, computer disks, compact disk, digital versatile disk, flash drive, other commonly used electronic storage medium, magnetic tape, or on microfiche. (c) You may maintain any records that you submitted electronically via the EPA's Compliance and Emissions Data Reporting Interface (CEDRI) in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an onsite compliance evaluation. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6695, Feb. 28, 2019] § 63.3000 What notifications and reports must I submit? (a) You must submit all notifications and reports required by the applicable general provisions and this section. Table 2 of this subpart presents the applicable requirements of the general provisions. (b) Notification of compliance status. (c) Semiannual compliance reports. (1) Dates for submitting reports. (2) Inclusion with title V report. (3) Contents of reports. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. (iv) A summary of the total duration of continuous parameter monitoring system downtime during the semiannual reporting period and the total duration of continuous parameter monitoring system downtime as a percent of the total source operating time during that semiannual reporting period. (v) The date of the latest continuous parameter monitoring system certification or audit. (vi) A description of any changes in the wet-formed fiberglass mat manufacturing process, continuous parameter monitoring system, or add-on control device since the last semiannual reporting period. (4) No deviations. (5) Deviations. (i) The date and time that each malfunction started and stopped. (ii) The date and time that each continuous parameter monitoring system was inoperative, except for zero (low-level) and high-level checks. (iii) The date, time, and duration that each continuous parameter monitoring system was out-of-control, including the information in § 63.8(c)(8). (iv) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (v) The date and time that corrective actions were taken, a description of the cause of the deviation, and a description of the corrective actions taken. (vi) A summary of the total duration of each deviation during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (vii) A breakdown of the total duration of the deviations during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (viii) A brief description of the associated process units. (ix) A brief description of the associated continuous parameter monitoring system. (6) Deviations. (i) The date, time, and duration of each failure. (ii) The date and time that each continuous parameter monitoring system was inoperative, except for zero (low-level) and high-level checks. (iii) The date, time, and duration that each continuous parameter monitoring system was out-of-control, including the information in § 63.8(c)(8). (iv) A list of the affected sources or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (v) The date and time that corrective actions were taken, a description of the cause of the failure (including unknown cause, if applicable), and a description of the corrective actions taken. (vi) A summary of the total duration of each failure during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (vii) A breakdown of the total duration of the failures during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (viii) A brief description of the associated process units. (ix) A brief description of the associated continuous parameter monitoring system. (d) Startup, shutdown, malfunction reports. (e) Performance test results. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information you are submitting under paragraph (e)(1) is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disk, flash drive or other commonly used electronic storage medium to the EPA. You must clearly mark the electronic medium as CBI and mail to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, Mail Drop C404-02, 4930 Old Page Rd., Durham, NC 27703. You must submit the same ERT or alternate file with the CBI omitted to the EPA via the EPA's CDX as described in paragraph (e)(1) of this section. (f) Claims of EPA system outage. (1) You must have been or will be precluded from accessing CEDRI and submitting a required test report within the time prescribed due to an outage of either the EPA's CEDRI or CDX Systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (g) Claims of force majeure. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirements to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., hurricanes, earthquakes, or floods), acts of war or terrorism, or equipment failure or safety hazard beyond the control of the affected facility (e.g., large scale power outage). (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6695, Feb. 28, 2019] Other Requirements and Information § 63.3001 What sections of the general provisions apply to me? You must comply with the requirements of the general provisions of 40 CFR part 63, subpart A, as specified in Table 2 of this subpart. [84 FR 6696, Feb. 28, 2019] § 63.3002 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by the U.S. EPA or a delegated authority, such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency is the primary enforcement authority. If the Administrator has not delegated authority to your State, only EPA enforces this subpart. You should contact your U.S. EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1) through (4) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency. (1) The authority under § 63.6(g) to approve alternatives to the emission limits in § 63.2983 and operating limits in § 63.2984 is not delegated. (2) The authority under § 63.7(e)(2)(ii) and (f) to approve of major alternatives (as defined in § 63.90) to the test methods in § 63.2993 is not delegated. (3) The authority under § 63.8(f) to approve major alternatives (as defined in § 63.90) to the monitoring requirements in §§ 63.2996 and 63.2997 is not delegated. (4) The authority under § 63.10(f) to approve major alternatives (as defined in § 63.90) to recordkeeping, notification, and reporting requirements in §§ 63.2998 through 63.3000 is not delegated. § 63.3003 [Reserved] § 63.3004 What definitions apply to this subpart? Terms used in this subpart are defined the Clean Air Act, in § 63.2, and in this section as follows: Administrator Deviation (1) Before August 28, 2019, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. (2) After February 28, 2019 for affected sources that commence construction or reconstruction after April 6, 2018, and after August 27, 2019 for all other affected sources, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Drying and curing oven Emission limitation Fiberglass mat production rate Loss-on-ignition Maximum residence time T = L/S Where: T is the residence time, in seconds; L is the length of the drying and curing oven, in feet; and S is the slowest line speed normally operated on the line, excluding periods of ramping up to speed during startup, in feet per second. Non-HAP binder Nonwoven wet-formed fiberglass mat manufacturing Roofing square Shutdown Startup Thermal oxidizer Urea-formaldehyde content in binder formulation [67 FR 17835, Apr. 11, 2002, as amended at 84 FR 6696, Feb. 28, 2019] §§ 63.3005-63.3079 [Reserved] Table 1 to Subpart HHHH of Part 63—Minimum Requirements for Monitoring and Recordkeeping As stated in § 63.2998(c), you must comply with the minimum requirements for monitoring and recordkeeping in the following table: You must monitor these parameters: At this frequency: And record for the monitored parameter: 1. Thermal oxidizer temperature 1 4 Continuously 15-minute and 3-hour block averages. 2. Other process or control device parameters specified in your OMM plan 2 4 As specified in your OMM plan As specified in your OMM plan. 3. Urea-formaldehyde resin solids application rate 4 On each operating day, calculate the average lb/h application rate for each product manufactured during that day The average lb/h value for each product manufactured during the day. 4. Resin free-formaldehyde content 4 For each lot of resin purchased The value for each lot used during the operating day. 5. Loss-on-ignition 3 4 Measured at least once per day, for each product manufactured during that day The value for each product manufactured during the operating day. 6. UF-to-latex ratio in the binder 3 4 For each batch of binder prepared the operating day The value for each batch of binder prepared during the operating day. 7. Weight of the final mat product per square (lb/roofing square) 3 4 Each product manufactured during the operating day The value for each product manufactured during the operating day. 8. Average nonwoven wet-formed fiberglass mat production rate (roofing square/h) 3 4 For each product manufactured during the operating day The average value for each product manufactured during operating day. 1 2 3 4 [84 FR 6697, Feb. 28, 2019] Table 2 to Subpart HHHH of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart HHHH As stated in § 63.3001, you must comply with the applicable General Provisions requirements according to the following table: Citation Requirement Applies to subpart HHHH Explanation § 63.1(a)(1)-(4) General Applicability Yes. § 63.1(a)(5) No [Reserved]. § 63.1(a)(6)-(8) Yes. § 63.1(a)(9) No [Reserved]. § 63.1(a)(10)-(14) Yes. § 63.1(b) Initial Applicability Determination Yes. § 63.1(c)(1) Applicability After Standard Established Yes. § 63.1(c)(2) Yes Some plants may be area sources. § 63.1(c)(3) No [Reserved]. § 63.1(c)(4)-(5) Yes. § 63.1(c)(6) Reclassification Yes. § 63.1(d) No [Reserved]. § 63.1(e) Applicability of Permit Program Yes. § 63.2 Definitions Yes Additional definitions in § 63.3004. § 63.3 Units and Abbreviations Yes. § 63.4(a)(1)-(3) Prohibited Activities Yes. § 63.4(a)(4) No [Reserved]. § 63.4(a)(5) Yes. § 63.4(b)-(c) Circumvention/Severability Yes. § 63.5(a) Construction/Reconstruction Yes. § 63.5(b)(1) Existing/Constructed/Reconstruction Yes. § 63.5(b)(2) No [Reserved]. § 63.5(b)(3)-(6) Yes. § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction/Reconstruction Yes. § 63.5(e) Approval of Construction/Reconstruction Yes. § 63.5(f) Approval of Construction/Reconstruction Based on State Review Yes. § 63.6(a) Compliance with Standards and Maintenance—Applicability Yes. § 63.6(b)(1)-(5) New and Reconstructed Sources-Dates Yes. § 63.6(b)(6) No [Reserved]. § 63.6(b)(7) Yes. § 63.6(c)(1)-(2) Existing Sources Dates Yes § 63.2985 specifies dates. § 63.6(c)(3)-(4) No [Reserved]. § 63.6(c)(5) Yes. § 63.6(d) No [Reserved]. § 63.6(e)(1)(i) General Duty to Minimize Emissions No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2986(g) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions As Soon As Possible No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.6(e)(1)(iii) Operation and Maintenance Requirements Yes §§ 63.2984 and 63.2987 specify additional requirements. § 63.6(e)(2) No [Reserved]. § 63.6(e)(3) SSM Plan Requirements No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.6(f)(1) SSM Exemption No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.6(f)(2) and (3) Compliance with Non-Opacity Emission Standards Yes. § 63.6(g) Alternative Non-Opacity Emission Standard Yes EPA retains approval authority. § 63.6(h) Compliance with Opacity/Visible Emissions Standards No Subpart HHHH does not specify opacity or visible emission standards. § 63.6(i)(1)-(14) Extension of Compliance Yes. § 63.6(i)(15) No [Reserved]. § 63.6(i)(16) Yes. § 63.6(j) Exemption from Compliance Yes. § 63.7(a) Performance Test Requirements—Applicability and Dates Yes. § 63.7(b) Notification of Performance Test Yes. § 63.7(c) Quality Assurance Program/Test Plan Yes. § 63.7(d) Testing Facilities Yes. § 63.7(e)(1) Performance Testing No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2992(c). § 63.7(e)(2)-(4) Conduct of Tests Yes §§ 63.2991-63.2994 specify additional requirements. § 63.7(f) Alternative Test Method Yes EPA retains approval authority § 63.7(g) Data Analysis Yes. § 63.7(h) Waiver of Tests Yes. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes. § 63.8(a)(3) No [Reserved]. § 63.8(a)(4) Yes. § 63.8(b) Conduct of Monitoring Yes. § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.8(c)(1)(ii) Continuous Monitoring System (CMS) Operation and Maintenance Yes. § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.8(c)(2)-(4) Yes. § 63.8(c)(5) Continuous Opacity Monitoring System (COMS) Procedures No Subpart HHHH does not specify opacity or visible emission standards. § 63.8(c)(6)-(8) Yes. § 63.8(d)(1) and (2) Quality Control Yes. § 63.8(d)(3) Written Procedures for CMS No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2994(a). § 63.8(e) CMS Performance Evaluation Yes. § 63.8(f)(1)-(5) Alternative Monitoring Method Yes EPA retains approval authority. § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart HHHH does not require the use of continuous emissions monitoring systems (CEMS). § 63.8(g)(1) Data Reduction Yes. § 63.8(g)(2) Data Reduction No Subpart HHHH does not require the use of CEMS or COMS. § 63.8(g)(3)-(5) Data Reduction Yes. § 63.9(a) Notification Requirements—Applicability Yes. § 63.9(b) Initial Notifications Yes. § 63.9(c) Request for Compliance Extension Yes. § 63.9(d) New Source Notification for Special Compliance Requirements Yes. § 63.9(e) Notification of Performance Test Yes. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart HHHH does not specify opacity or visible emission standards. § 63.9(g)(1) Additional CMS Notifications Yes. § 63.9(g)(2)-(3) No Subpart HHHH does not require the use of COMS or CEMS. § 63.9(h)(1)-(3) Notification of Compliance Status Yes § 63.3000(b) specifies additional requirements. § 63.9(h)(4) No [Reserved]. § 63.9(h)(5)-(6) Yes. § 63.9(i) Adjustment of Deadlines Yes. § 63.9(j) Change in Previous Information Yes. § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability Yes. § 63.10(b)(1) General Recordkeeping Requirements Yes § 63.2998 includes additional requirements. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet a Standard No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.2998(g) for recordkeeping requirements for an affected source that fails to meet an applicable standard. § 63.10(b)(2)(iii) Maintenance Records Yes. § 63.10(b)(2)(iv) and (v) Actions Taken to Minimize Emissions During SSM No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes. § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes. § 63.10(b)(3) Recordkeeping requirement for applicability determinations Yes. § 63.10(c)(1) Additional CMS Recordkeeping Yes. § 63.10(c)(2)-(4) No [Reserved]. § 63.10(c)(5)-(8) Yes. § 63.10(c)(9) No [Reserved]. § 63.10(c)(10)-(14) Yes. § 63.10(c)(15) Use of SSM Plan No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter § 63.10(d)(1) General Reporting Requirements Yes § 63.3000 includes additional requirements. § 63.10(d)(2) Performance Test Results Yes § 63.3000 includes additional requirements. § 63.10(d)(3) Opacity or Visible Emissions Observations No Subpart HHHH does not specify opacity or visible emission standards. § 63.10(d)(4) Progress Reports Under Extension of Compliance Yes. § 63.10(d)(5) SSM Reports No, for new or reconstructed sources which commenced construction or reconstruction after April 6, 2018. Yes, for all other affected sources before August 28, 2019, and No thereafter See § 63.3000(c) for malfunction reporting requirements. § 63.10(e)(1) Additional CMS Reports—General No Subpart HHHH does not require CEMS. § 63.10(e)(2) Reporting results of CMS performance evaluations. Yes. § 63.10(e)(3) Excess Emission/CMS Performance Reports. Yes. § 63.10(e)(4) COMS Data Reports No Subpart HHHH does not specify opacity or visible emission standards. § 63.10(f) Recordkeeping/Reporting Waiver Yes EPA retains approval authority. § 63.11 Control Device Requirements—Applicability. No Facilities subject to subpart HHHH do not use flares as control devices. § 63.12 State Authority and Delegations Yes. § 63.13 Addresses Yes. § 63.14 Incorporation by Reference Yes See § 63.14(b)(2) and (3) for applicability requirements. § 63.15 Availability of Information/Confidentiality Yes. [84 FR 6697, Feb. 28, 2019, as amended at 85 FR 73904, Nov. 19, 2020] Appendix A to Subpart HHHH of Part 63—Method for Determining Free-Formaldehyde in Urea-Formaldehyde Resins by Sodium Sulfite (Iced & Cooled) 1.0 Scope This procedure corresponds to the Housing and Urban Development method of determining free-formaldehyde in urea-formaldehyde resins. This method applies to samples that decompose to yield formaldehyde under the conditions of other free-formaldehyde methods. The primary use is for urea-formaldehyde resins. 2.0 Part A—Testing Resins Formaldehyde will react with sodium sulfite to form the sulfite addition products and liberate sodium hydroxide (NaOH); however, at room temperature, the methanol groups present will also react to liberate NaOH. Titrate at 0 degrees Celsius (°C) to minimize the reaction of the methanol groups. 2.1 Apparatus Required. 2.1.1 Ice crusher. 2.1.2 One 100-milliliter (mL) graduated cylinder. 2.1.3 Three 400-mL beakers. 2.1.4 One 50-mL burette. 2.1.5 Analytical balance accurate to 0.1 milligrams (mg). 2.1.6 Magnetic stirrer. 2.1.7 Magnetic stirring bars. 2.1.8 Disposable pipettes. 2.1.9 Several 5-ounce (oz.) plastic cups. 2.1.10 Ice cube trays (small cubes). 2.2 Materials Required. 2.2.1 Ice cubes (made with distilled water). 2.2.2 A solution of 1 molar (M) sodium sulfite (Na 2 3 2 3 2 2.2.3 Standardized 0.1 normal (N) hydrochloric acid (HCl). 2.2.4 Thymolphthalein indicator (1.0 g thymolphthalein/199 g methanol). 2.2.5 Sodium chloride (NaCl) (reagent grade). 2.2.6 Sodium hydroxide (NaOH). 2.3 Procedure. 2.3.1 Prepare sufficient quantity of crushed ice for three determinations (two trays of cubes). 2.3.2 Put 70 cubic centimeters (cc) of 1 M Na 2 3 2.3.3 Add 10-15 drops of thymolphthalein indicator to the chilled solution. If the solution remains clear, add 0.1 N NaOH until the solution turns blue; then add 0.1 N HCl back to the colorless endpoint. If the solution turns blue upon adding the indicator, add 0.1 N HCl to the colorless endpoint. 2.3.4 On the analytical balance, accurately weigh the amount of resin indicated under the “ Resin Sample Size Resin Sample Size Approximate free HCHO Sample weight <0.5 10 0.5-1.0 5 1.0-3.0 2 3.0 1 2.3.4.1 Pour about 1 inch of resin into a 5 oz. plastic cup. 2.3.4.2 Determine the gross weight of the cup, resin, and disposable pipette (with the narrow tip broken off) fitted with a small rubber bulb. 2.3.4.3 Pipette out the desired amount of resin into the stirring, chilled solution (approximately 1.5 to 2 g per pipette-full). 2.3.4.4 Quickly reweigh the cup, resin, and pipette with the bulb. 2.3.4.5 The resultant weight loss equals the grams of resin being tested. 2.3.5 Rapidly titrate the solution with 0.1 N HCl to the colorless endpoint described in Step 3 (2.3.3). 2.3.6 Repeat the test in triplicate. 2.4 Calculation. 2.4.1 The percent free-formaldehyde (%HCHO) is calculated as follows: 2.4.2 Compute the average percent free-formaldehyde of the three tests. ( Note: 3.0 Part B—Standard Check Part B ensures that test reagents used in determining percent free-formaldehyde in urea-formaldehyde resins are of proper concentration and that operator technique is correct. Should any doubts arise in either of these areas, the formaldehyde standard solution test should be carried out. 3.1 Preparation and Standardization of a 1 Percent Formalin Solution. Prepare a solution containing approximately 1 percent formaldehyde from a stock 37 percent formalin solution. Standardize the prepared solution by titrating the hydroxyl ions resulting from the formation of the formaldehyde bisulfite complex. 3.2 Apparatus Required. Note: All reagents must be American Chemical Society analytical reagent grade or better. 3.2.1 One 1-liter (L) volumetric flask (class A). 3.2.2 One 250-mL volumetric flask (class A). 3.2.3 One 250-mL beaker. 3.2.4 One 100-mL pipette (class A). 3.2.5 One 10-mL pipette (class A). 3.2.6 One 50-mL graduated cylinder (class A). 3.2.7 A pH meter, standardized using pH 7 and pH 10 buffers. 3.2.8 Magnetic stirrer. 3.2.9 Magnetic stirring bars. 3.2.10 Several 5-oz. plastic cups. 3.2.11 Disposal pipettes. 3.2.12 Ice cube trays (small cubes). 3.3 Materials Required. 3.3.1 A solution of 37 percent formalin. 3.3.2 Anhydrous Na 2 3 3.3.3 Distilled water. 3.3.4 Standardized 0.100 N HCl. 3.3.5 Thymolphthalein indicator (1.0 g thymolphthalein/199 g methanol). 3.4 Preparation of Solutions and Reagents. 3.4.1 Formaldehyde Standard Solution (approximately 1 percent). Measure, using a graduated cylinder, 27.0 mL of analytical reagent 37 percent formalin solution into a 1-L volumetric flask. Fill the flask to volume with distilled water. ( Note: 3.4.2 Sodium Sulfite Solution 1.0 M (used for standardization of Formaldehyde Standard Solution). Quantitatively transfer, using distilled water as the transfer solvent, 31.50 g of anhydrous Na 2 3 ( Note: 3.4.3 Hydrochloric Acid Standard Solution 0.100 M. This reagent should be readily available as a primary standard that only needs to be diluted. 3.5 Standardization. 3.5.1 Standardization of Formaldehyde Standard Solution. 3.5.1.1 Pipette 100.0 mL of 1 M sodium sulfite into a stirred 250-mL beaker. 3.5.1.2 Using a standardized pH meter, measure and record the pH. The pH should be around 10. It is not essential the pH be 10; however, it is essential that the value be accurately recorded. 3.5.1.3 To the stirring Na 2 3 3.5.1.4 Using the pH meter as a continuous monitor, titrate the solution back to the original exact pH using 0.100 N HCl. Record the milliliters of HCl used as titrant. ( Note: 3.5.1.5 Calculate the concentration of the Formaldehyde Standard Solution using the equation as follows: 3.6 Procedure. 3.6.1 Prepare a sufficient quantity of crushed ice for three determinations (two trays of cubes). 3.6.2 Put 70 cc of 1 M Na 2 3 3.6.3 Add 10-15 drops of thymolphthalein indicator to the chilled solution. If the solution remains clear, add 0.1 N NaOH until the solution turns blue; then add 0.1 N HCl back to the colorless endpoint. If the solution turns blue upon adding the indicator, add 0.1 N HCl to the colorless endpoint. 3.6.4 On the analytical balance, accurately weigh a sample of Formaldehyde Standard Solution as follows. 3.6.4.1 Pour about 0.5 inches of Formaldehyde Standard Solution into a 5-oz. plastic cup. 3.6.4.2 Determine the gross weight of the cup, Formaldehyde Standard Solution, and a disposable pipette fitted with a small rubber bulb. 3.6.4.3 Pipette approximately 5 g of the Formaldehyde Standard Solution into the stirring, chilled Na 2 3 3.6.4.4 Quickly reweigh the cup, Formaldehyde Standard Solution, and pipette with the bulb. 3.6.4.5 The resultant weight loss equals the grams of Formaldehyde Standard Solution being tested. 3.6.5 Rapidly titrate the solution with 0.1 N HCl to the colorless endpoint in Step 3 (3.6.3). 3.6.6 Repeat the test in triplicate. 3.7 Calculation for Formaldehyde Standard Solution. 3.7.1 The percent free-formaldehyde (% HCHO) is calculated as follows: 3.7.2 The range of the results of three tests should be no more than ±5 percent of the actual Formaldehyde Standard Solution concentration. Report results to two decimal places. 3.8 Reference. West Coast Adhesive Manufacturers Trade Association Test 10.1. Appendix B to Subpart HHHH of Part 63—Method for the Determination of Loss-on-Ignition 1.0 Purpose The purpose of this test is to determine the loss-on-ignition (LOI) of wet-formed fiberglass mat. 2.0 Equipment 2.1 Scale sensitive to 0.001 gram (g). 2.2 Drying oven equipped with a means of constant temperature regulation and mechanical air convection. 2.3 Furnace designed to heat to at least 625 °C (1,157 °F) and controllable to ±25 °C (±45 °F). 2.4 Crucible, high form, 250 milliliter (mL). 2.5 Desiccator. 2.6 Pan balance (see Note 2 in 4.9) 3.0 Sample Collection Procedure 3.1 Obtain a sample of mat in accordance with Technical Association of the Pulp and Paper Industry (TAPPI) method 1007 “Sample Location.” 3.2 Use a 5- to 10-g sample cut into pieces small enough to fit into the crucible. 3.3 Place the sample in the crucible. ( Note 1: 3.4 Condition the sample in the furnace set at 105 ±3 °C (221 ±9 °F) for 5 minutes ±30 seconds. 4.0 Procedure 4.1 Condition each sample by drying for 5 minutes ±30 seconds at 105 ±3 °C (22 ±5 °F). 4.2 Remove the test sample from the furnace and cool in the desiccator for 30 minutes in the standard atmosphere for testing glass textiles. 4.3 Place the empty crucible in the furnace at 625 ±25 °C (1,157 ±45 °F). After 30 minutes, remove and cool the crucible in the standard atmosphere (TAPPI method 1008) for 30 minutes. 4.4 Identify each crucible with respect to each test sample of mat. 4.5 Weigh the empty crucible to the nearest 0.001 g. Record this weight as the tare mass, T. 4.6 Place the test sample in the crucible and weigh to the nearest 0.001 g. Record this weight as the initial mass, A. 4.7 Place the test sample and crucible in the furnace and ignite at 625 ±25 °C (1,157 ±45 °F). 4.8 After ignition for at least 30 minutes, remove the test sample and crucible from the furnace and cool in the desiccator for 30 minutes in the standard atmosphere (TAPPI method 1008). 4.9 Remove each crucible, and test each sample separately from the desiccator, and immediately weigh each sample to the nearest 0.001 g. Record this weight as the ignited mass, B. ( Note 2: 5.0 Calculation 5.1 Calculate the LOI for each sample as follows: Where: A = initial mass of crucible and sample before ignition (g); B = mass of crucible and glass residue after ignition (g); and T = tare mass of crucible, (g) (see Note 2). 5.2 Report the percent LOI of the glass mat to the nearest 0.1 percent. 6.0 Precision The repeatability of this test method for measurements on adjacent specimens from the same sample of mat is better than 1 percent. Subpart IIII—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks Source: 69 FR 22623, Apr. 26, 2004, unless otherwise noted. What This Subpart Covers § 63.3080 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for facilities which surface coat new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks. This subpart also establishes NESHAP for facilities which surface coat new other motor vehicle bodies or body parts for new other motor vehicles which you choose to include in your affected source pursuant to § 63.3082(c). This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. [71 FR 76926, Dec. 22, 2006] § 63.3081 Am I subject to this subpart? (a) Except as provided in paragraph (c) of this section, the source category to which this subpart applies is automobile and light-duty truck surface coating. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3082, that, except as noted in paragraph (b)(1) of this section, is located at a facility which applies topcoat to new automobile or new light-duty truck bodies or body parts for new automobiles or new light-duty trucks, and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP). You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3082, in which you choose to include, pursuant to § 63.3082(c), any coating operations which apply coatings to new other motor vehicle bodies or body parts for new other motor vehicles; parts intended for use in new automobiles, new light-duty trucks, or new other motor vehicles; or aftermarket repair or replacement parts for automobiles, light-duty trucks, or other motor vehicles; and the affected source is located at a facility that is a major source, is located at a major source, or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. (1) You are not subject to this subpart if you meet all of the criteria of paragraphs (b)(1)(i) through (iii) of this section: (i) Your coating operation is located at a plastic or composites molding facility; (ii) All of the body parts topcoated at your facility for use in new automobiles or new light-duty trucks were fabricated (molded, stamped, formed, etc.) at your facility or at another plastic or composites molding facility which you own or operate, and none of the new vehicles in which these body parts are used are assembled at your facility; and (iii) You do not topcoat all of the body parts for any single new automobile or new light-duty truck at your facility. (2) [Reserved] (c) This subpart does not apply to surface coating, surface preparation, or cleaning activities that meet the criteria of paragraph (c)(1) or (2) of this section. (1) Surface coating subject to any other NESHAP in this part as of June 25, 2004 except as provided in § 63.3082(c). (2) Surface coating that occurs during research or laboratory activities or that is part of janitorial, building, and facility maintenance operations, including maintenance spray booths used for painting production equipment, furniture, signage, etc., for use within the plant. [57 FR 61992, Dec. 29, 1992, as amended at 72 FR 20233, Apr. 24, 2007] § 63.3082 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source. (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of new automobile or new light-duty truck bodies, or body parts for new automobiles or new light-duty trucks: (1) All coating operations as defined in § 63.3176. (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed. (3) All manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials. (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) In addition, you may choose to include in your affected source, and thereby make subject to the requirements of this subpart, any coating operations, as defined in § 63.3176, which would otherwise be subject to the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products (subpart MMMM of this part) or the National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products (subpart PPPP of this part) which apply coatings to new other motor vehicle bodies or body parts for new other motor vehicles, parts intended for use in new automobiles, new light-duty trucks, or new other motor vehicles, or aftermarket repair or replacement parts for automobiles, light-duty trucks, or other motor vehicles. (d) For all coating operations which you choose to add to your affected source pursuant to paragraph (c) of this section: (1) All associated storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and storage containers and manual and automated equipment and containers used for conveying waste materials are also included in your affected source and are subject to the requirements of this subpart. (2) All cleaning and purging of equipment associated with the added surface coating operations is subject to the requirements of this subpart. (3) You must identify and describe all additions to the affected source made pursuant to paragraph (c) of this section in the initial notification required in § 63.3110(b). (e) An affected source is a new affected source if: (1) You commenced its construction after December 24, 2002; and (2) The construction is of a completely new automobile and light-duty truck assembly plant, automobile and light-duty truck paint shop, automobile and light-duty truck topcoat operation, other motor vehicle assembly plant, other motor vehicle paint shop, or other motor vehicle topcoat operation where previously no automobile and light-duty truck assembly plant, automobile and light-duty truck assembly paint shop, or automobile and light-duty truck assembly topcoat operation had existed; and (i) No other motor vehicle assembly plant, other motor vehicle paint shop, or other motor vehicle topcoat operation had existed previously; or (ii) No previously existing other motor vehicle assembly plant, other motor vehicle paint shop, or other motor vehicle topcoat operation is subject to this subpart; or (iii) If the facility was previously not a major source for HAP, no previously existing other motor vehicle assembly plant, other motor vehicle paint shop, or other motor vehicle topcoat operation is made part of the affected source under this subpart. (f) An affected source is reconstructed if its paint shop undergoes replacement of components to such an extent that: (1) The fixed capital cost of the new components exceeded 50 percent of the fixed capital cost that would be required to construct a new paint shop; and (2) It was technologically and economically feasible for the reconstructed source to meet the relevant standards established by the Administrator pursuant to section 112 of the Clean Air Act (CAA). (g) An affected source is existing if it is not new or reconstructed. [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76926, Dec. 22, 2006] § 63.3083 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstrations described in §§ 63.3150, 63.3160, and 63.3170. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before June 25, 2004, the compliance date is June 25, 2004. (2) If the initial startup of your new or reconstructed affected source occurs after June 25, 2004, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is April 26, 2007. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or June 25, 2004, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or April 26, 2007, whichever is later. (d) You must meet the notification requirements in § 63.3110 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.3090 What emission limits must I meet for a new or reconstructed affected source? (a) Except as provided in paragraph (b) of this section, you must limit combined organic HAP emissions to the atmosphere from electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.036 kilogram (kg)/liter (0.30 pound (lb)/gallon (gal)) of coating solids deposited during each month, determined according to the requirements in § 63.3161. (b) If you meet the operating limits of § 63.3092(a) or (b), you must either meet the emission limits of paragraph (a) of this section or limit combined organic HAP emissions to the atmosphere from primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.060 kg/liter (0.50 lb/gal) of applied coating solids used during each month, determined according to the requirements in § 63.3171. If you do not have an electrodeposition primer system, you must limit combined organic HAP emissions to the atmosphere from primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.060 kg/liter (0.50 lb/gal) of applied coating solids used during each month, determined according to the requirements in § 63.3171. (c) You must limit average organic HAP emissions from all adhesive and sealer materials other than materials used as components of glass bonding systems to no more than 0.010 kg/kg (lb/lb) of adhesive and sealer material used during each month. (d) You must limit average organic HAP emissions from all deadener materials to no more than 0.010 kg/kg (lb/lb) of deadener material used during each month. (e) For coatings and thinners used in coating operations added to the affected source pursuant to § 63.3082(c): (1) Adhesive and sealer materials that are not components of glass bonding systems are subject to and must be included in your demonstration of compliance for paragraph (c) of this section. (2) Deadener materials are subject to and must be included in your demonstration of compliance for paragraph (d) of this section. (3) All other coatings and thinners are subject to and must be included in your demonstration of compliance for paragraphs (a) or (b) of this section. (f) If your facility has multiple paint lines ( e.g., (1) You may choose to use a single grouping under paragraph (a) of this section for all of your electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations. (2) You may choose to use a single grouping under paragraph (b) of this section for all of your primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations as long as each of your electrodeposition primer systems meets the operating limits of § 63.3092(a) or (b). (3) You may choose to use one or more groupings under paragraph (a) of this section for the electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from one or more of your paint lines; and one or more groupings under paragraph (b) of this section for the primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from the remainder of your paint lines, as long as each electrodeposition primer system associated with each paint line you include in a grouping under paragraph (b) of this section meets the operating limits of § 63.3092(a) or (b). For example, if your facility has three paint lines, you may choose to use one grouping under paragraph (a) of this section for two of the paint lines; and a separate grouping under paragraph (b) of this section for the third paint line, as long as the electrodeposition primer system associated with the paint line you include in the grouping under paragraph (b) of this section meets the operating limits of § 63.3092(a) or (b). Alternatively, you may choose to use one grouping for two of the paint lines and a separate grouping of the same type for the third paint line. Again, each electrodeposition primer system associated with each paint line you include in a grouping under paragraph (b) of this section must meet the operating limits of § 63.3092(a) or (b). (4) You may choose to consider the electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from each of your paint lines as a separate grouping under either paragraph (a) or paragraph (b) of this section. The electrodeposition primer system associated with each paint line you choose to consider in a grouping under paragraph (b) of this section must meet the operating limits of § 63.3092(a) or (b). For example, if your facility has two paint lines, you may choose to use the grouping under paragraph (a) of this section for one paint line and the grouping under paragraph (b) of this section for the other paint line. § 63.3091 What emission limits must I meet for an existing affected source? (a) Except as provided in paragraph (b) of this section, you must limit combined organic HAP emissions to the atmosphere from electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.072 kg/liter (0.60 lb/gal) of coating solids deposited during each month, determined according to the requirements in § 63.3161. (b) If you meet the operating limits of § 63.3092(a) or (b), you must either meet the emission limits of paragraph (a) of this section or limit combined organic HAP emissions to the atmosphere from primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.132 kg/liter (1.10 lb/gal) of coating solids deposited during each month, determined according to the requirements in § 63.3171. If you do not have an electrodeposition primer system, you must limit combined organic HAP emissions to the atmosphere from primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) to no more than 0.132 kg/liter (1.10 lb/gal) of coating solids deposited during each month, determined according to the requirements in § 63.3171. (c) You must limit average organic HAP emissions from all adhesive and sealer materials other than materials used as components of glass bonding systems to no more than 0.010 kg/kg (lb/lb) of adhesive and sealer material used during each month. (d) You must limit average organic HAP emissions from all deadener materials to no more than 0.010 kg/kg (lb/lb) of deadener material used during each month. (e) For coatings and thinners used in coating operations added to the affected source pursuant to § 63.3082(c): (1) Adhesive and sealer materials that are not components of glass bonding systems are subject to and must be included in your demonstration of compliance for paragraph (c) of this section. (2) Deadener materials are subject to and must be included in your demonstration of compliance for paragraph (d) of this section. (3) All other coatings and thinners are subject to and must be included in your demonstration of compliance for paragraphs (a) or (b) of this section. (f) If your facility has multiple paint lines ( e.g., (1) You may choose to use a single grouping under paragraph (a) of this section for all of your electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations. (2) You may choose to use a single grouping under paragraph (b) of this section for all of your primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations, as long as each of your electrodeposition primer systems meets the operating limits of § 63.3092(a) or (b). (3) You may choose to use one or more groupings under paragraph (a) of this section for the electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from one or more of your paint lines; and one or more groupings under paragraph (b) of this section for the primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from the remainder of your paint lines, as long as each electrodeposition primer system associated with each paint line you include in a grouping under paragraph (b) of this section meets the operating limits of § 63.3092(a) or (b). For example, if your facility has three paint lines, you may choose to use one grouping under paragraph (a) of this section for two of the paint lines and a separate grouping under paragraph (b) of this section for the third paint line, as long as the electrodeposition primer system associated with the paint line you include in the grouping under paragraph (b) of this section meets the operating limits of § 63.3092(a) or (b). Alternatively, you may choose to use one grouping for two of the paint lines and a separate grouping of the same type for the third paint line. Again, each electrodeposition primer system associated with each paint line you include in a grouping under paragraph (b) of this section must meet the operating limits of § 63.3092(a) or (b). (4) You may choose to consider the electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations from each of your paint lines as a separate grouping under either paragraph (a) or paragraph (b) of this section. The electrodeposition primer system associated with each paint line you choose to consider in a grouping under paragraph (b) of this section must meet the operating limits of § 63.3092(a) or (b). For example, if your facility has two paint lines, you may choose to use the grouping under paragraph (a) of this section for one paint line and the grouping under paragraph (b) of this section for the other paint line. § 63.3092 How must I control emissions from my electrodeposition primer system if I want to comply with the combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive emission limit? If your electrodeposition primer system meets the requirements of either paragraph (a) or (b) of this section, you may choose to comply with the emission limits of § 63.3090(b) or § 63.3091(b) instead of the emission limits of § 63.3090(a) or § 63.3091(a). (a) Each individual material added to the electrodeposition primer system contains no more than: (1) 1.0 percent by weight of any organic HAP; and (b) Emissions from all bake ovens used to cure electrodeposition primers must be captured and ducted to a control device having a destruction or removal efficiency of at least 95 percent. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41124, July 8, 2020] § 63.3093 What operating limits must I meet? (a) You are not required to meet any operating limits for any coating operation(s) without add-on controls, nor are you required to meet operating limits for any coating operation(s) that do not utilize emission capture systems and add-on controls to comply with the emission limits in § 63.3090 or § 63.3091. (b) Except as provided in paragraph (d) of this section, for any controlled coating operation(s), you must meet the operating limits specified in table 1 to this subpart. These operating limits apply to the emission capture and add-on control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during performance tests according to the requirements in § 63.3167. You must meet the operating limits at all times after you establish them. (c) If you choose to meet the emission limitations of § 63.3092(b) and the emission limits of § 63.3090(b) or § 63.3091(b), then except as provided in paragraph (d) of this section, you must operate the capture system and add-on control device used to capture and control emissions from your electrodeposition primer bake oven(s) so that they meet the operating limits specified in Table 1 to this subpart. (d) If you use an add-on control device other than those listed in Table 1 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41125, July 8, 2020] § 63.3094 What work practice standards must I meet? (a) [Reserved] (b) You must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, all coating operations for which emission limits are established under § 63.3090(a) through (d) or § 63.3091(a) through (d). The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be stored in closed containers. (2) The risk of spills of organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels, other than day tanks equipped with continuous agitation systems, which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) You must develop and implement a work practice plan to minimize organic HAP emissions from cleaning and from purging of equipment associated with all coating operations for which emission limits are established under § 63.3090(a) through (d) or § 63.3091(a) through (d). (1) The plan shall, at a minimum, address each of the operations listed in paragraphs (c)(1)(i) through (viii) of this section in which you use organic-HAP-containing materials or in which there is a potential for emission of organic HAP. (i) The plan must address vehicle body wipe emissions through one or more of the techniques listed in paragraphs (c)(1)(i)(A) through (E) of this section, or an approved alternative. (A) Use of solvent-moistened wipes. (B) Keeping solvent containers closed when not in use. (C) Keeping wipe disposal/recovery containers closed when not in use. (D) Use of tack-wipes. (E) Use of solvents containing less than 1 percent organic HAP by weight. (ii) The plan must address coating line purging emissions through one or more of the techniques listed in paragraphs (c)(1)(ii)(A) through (D) of this section, or an approved alternative. (A) Air/solvent push-out. (B) Capture and reclaim or recovery of purge materials (excluding applicator nozzles/tips). (C) Block painting to the maximum extent feasible. (D) Use of low-HAP or no-HAP solvents for purge. (iii) The plan must address emissions from flushing of coating systems through one or more of the techniques listed in paragraphs (c)(1)(iii)(A) through (D) of this section, or an approved alternative. (A) Keeping solvent tanks closed. (B) Recovering and recycling solvents. (C) Keeping recovered/recycled solvent tanks closed. (D) Use of low-HAP or no-HAP solvents. (iv) The plan must address emissions from cleaning of spray booth grates through one or more of the techniques listed in paragraphs (c)(1)(iv)(A) through (E) of this section, or an approved alternative. (A) Controlled burn-off. (B) Rinsing with high-pressure water (in place). (C) Rinsing with high-pressure water (off line). (D) Use of spray-on masking or other type of liquid masking. (E) Use of low-HAP or no-HAP content cleaners. (v) The plan must address emissions from cleaning of spray booth walls through one or more of the techniques listed in paragraphs (c)(1)(v)(A) through (E) of this section, or an approved alternative. (A) Use of masking materials (contact paper, plastic sheet, or other similar type of material). (B) Use of spray-on masking. (C) Use of rags and manual wipes instead of spray application when cleaning walls. (D) Use of low-HAP or no-HAP content cleaners. (E) Controlled access to cleaning solvents. (vi) The plan must address emissions from cleaning of spray booth equipment through one or more of the techniques listed in paragraphs (c)(1)(vi)(A) through (E) of this section, or an approved alternative. (A) Use of covers on equipment (disposable or reusable). (B) Use of parts cleaners (off-line submersion cleaning). (C) Use of spray-on masking or other protective coatings. (D) Use of low-HAP or no-HAP content cleaners. (E) Controlled access to cleaning solvents. (vii) The plan must address emissions from cleaning of external spray booth areas through one or more of the techniques listed in paragraphs (c)(1)(vii)(A) through (F) of this section, or an approved alternative. (A) Use of removable floor coverings (paper, foil, plastic, or similar type of material). (B) Use of manual and/or mechanical scrubbers, rags, or wipes instead of spray application. (C) Use of shoe cleaners to eliminate coating track-out from spray booths. (D) Use of booties or shoe wraps. (E) Use of low-HAP or no-HAP content cleaners. (F) Controlled access to cleaning solvents. (viii) The plan must address emissions from housekeeping measures not addressed in paragraphs (c)(1)(i) through (vii) of this section through one or more of the techniques listed in paragraphs (c)(1)(viii)(A) through (C) of this section, or an approved alternative. (A) Keeping solvent-laden articles (cloths, paper, plastic, rags, wipes, and similar items) in covered containers when not in use. (B) Storing new and used solvents in closed containers. (C) Transferring of solvents in a manner to minimize the risk of spills. (2) Notwithstanding the requirements of paragraphs (c)(1)(i) through (viii) of this section, if the type of coatings used in any facility with surface coating operations subject to the requirements of this section are of such a nature that the need for one or more of the practices specified under paragraphs (c)(1)(i) through (viii) is eliminated, then the plan may include approved alternative or equivalent measures that are applicable or necessary during cleaning of storage, conveying, and application equipment. (d) As provided in § 63.6(g), we, the Environmental Protection Agency (EPA), may choose to grant you permission to use an alternative to the work practice standards in this section. (e) The work practice plans developed in accordance with paragraphs (b) and (c) of this section are not required to be incorporated in your title V permit. Any revisions to the work practice plans developed in accordance with paragraphs (b) and (c) of this section do not constitute revisions to your title V permit. (f) Copies of the current work practice plans developed in accordance with paragraphs (b) and (c) of this section, as well as plans developed within the preceding 5 years must be available on-site for inspection and copying by the permitting authority. General Compliance Requirements § 63.3100 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in §§ 63.3090 and 63.3091 at all times, as determined on a monthly basis. (b) Before January 5, 2021, the coating operations must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3093 at all times except during periods of SSM. On and after January 5, 2021, the coating operations must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3093 at all times. (c) You must be in compliance with the work practice standards in § 63.3094 at all times. (d) Before January 5, 2021, you must always operate and maintain your affected source including all air pollution control and monitoring equipment you use for purposes of complying with this subpart according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (e) You must maintain a log detailing the operation and maintenance of the emission capture systems, add-on control devices, and continuous parameter monitoring systems (CPMS) during the period between the compliance date specified for your affected source in § 63.3083 and the date when the initial emission capture system and add-on control device performance tests have been completed, as specified in § 63.3160. (f) Before January 5, 2021, if your affected source uses emission capture systems and add-on control devices, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). The SSMP must address startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control devices. On and after January 5, 2021, the SSMP is not required. [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 41125, July 8, 2020] § 63.3101 What parts of the General Provisions apply to me? Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.3110 What notifications must I submit? (a) General. (b) You must submit the Initial Notification required by § 63.9(b) for a new or reconstructed affected source no later than 120 days after initial startup, 120 days after the source becomes subject to this subpart, or 120 days after June 25, 2004, whichever is later. For an existing affected source, you must submit the Initial Notification no later than 1 year after April 26, 2004, or no later than 120 days after the source becomes subject to this subpart, whichever is later. Existing sources that have previously submitted notifications of applicability of this rule pursuant to section 112(j) of the CAA are not required to submit an Initial Notification under § 63.9(b) except to identify and describe all additions to the affected source made pursuant to § 63.3082(c). If you elect to include the surface coating of new other motor vehicle bodies, body parts for new other motor vehicles, parts for new other motor vehicles, or aftermarket repair or replacement parts for other motor vehicles in your affected source pursuant to § 63.3082(c) and your affected source has an initial startup before February 20, 2007, then you must submit an Initial Notification of this election no later than 120 days after initial startup or February 20, 2007, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (c) Notification of compliance status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.3160 that applies to your affected source. (4) Identification of the compliance option specified in § 63.3090(a) or (b) or § 63.3091(a) or (b) that you used for electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet any of the applicable emission limits in § 63.3090 or § 63.3091, include all the calculations you used to determine the applicable emission rate or applicable average organic HAP content for the emission limit(s) that you failed to meet. You do not need to submit information provided by the materials suppliers or manufacturers, or test reports. (7) All data and calculations used to determine the monthly average mass of organic HAP emitted per volume of applied coating solids from: (i) The combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) if you were eligible for and chose to comply with the emission limits of § 63.3090(b) or § 63.3091(b); or (ii) The combined electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c). (8) All data and calculations used to determine compliance with the separate limits for electrodeposition primer in § 63.3092(a) or (b) if you were eligible for and chose to comply with the emission limits of § 63.3090(b) or § 63.3091(b). (9) All data and calculations used to determine the monthly mass average HAP content of materials subject to the emission limits of § 63.3090(c) or (d) or the emission limits of § 63.3091(c) or (d). (10) All data and calculations used to determine the transfer efficiency for primer-surfacer and topcoat coatings, and for all coatings, except for deadener and for adhesive and sealer that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c). (11) You must include the information specified in paragraphs (c)(11)(i) through (iii) of this section. (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the procedure followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports unless requested. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (12) A statement of whether or not you developed and implemented the work practice plans required by § 63.3094(b) and (c). [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76927, Dec. 22, 2006; 85 FR 73904, Nov. 19, 2020] § 63.3120 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.3160 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. (iv) Identification of the compliance option specified in § 63.3090(b) or § 63.3091(b) that you used for electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) in the affected source during the initial compliance period. (4) No deviations. (5) Deviations: adhesive, sealer, and deadener. (i) The beginning and ending dates of each month during which the monthly average organic HAP content exceeded the applicable emission limit in § 63.3090(c) and (d) or § 63.3091(c) and (d). (ii) The volume and organic HAP content of each material used that is subject to the applicable organic HAP content limit. (iii) The calculation used to determine the average monthly organic HAP content for the month in which the deviation occurred. (iv) The reason for the deviation (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over the applicable emission limit in § 63.3090(c) and (d) or § 63.3091(c) and (d), and a description of the method used to estimate the emissions. (6) Deviations: (i) The beginning and ending dates of each month during which the monthly organic HAP emission rate from combined electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) exceeded the applicable emission limit in § 63.3090(a) or § 63.3091(a); or the monthly organic HAP emission rate from combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) exceeded the applicable emission limit in § 63.3090(b) or § 63.3091(b). (ii) The calculation used to determine the monthly organic HAP emission rate in accordance with § 63.3161 or § 63.3171. You do not need to submit the background data supporting these calculations, for example information provided by materials suppliers or manufacturers, or test reports. (iii) The date and time that each malfunction of the capture system or add-on control devices used to control emissions from these operations started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, for each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (vii) Before January 5, 2021, the date and time period that each CPMS was out of control, including the information in § 63.8(c)(8). On and after January 5, 2021, for each instance that the CPMS was out of control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, The date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of each bypass of an add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the date, time, and duration of each deviation from an operating limit in table 1 to this subpart; and the date, time, and duration of each bypass of an add-on control device. (ix) A summary of the total duration and the percent of the total source operating time of the deviations from each operating limit in Table 1 to this subpart and the bypass of each add-on control device during the semiannual reporting period. (x) Before January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration and the percent of the total source operating time of the downtime for each CPMS during the semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control devices since the last semiannual reporting period. (xiii) Before January 5, 2021, for each deviation from the work practice standards a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(6)(xiii)(A) and (B) of this section. (A) A description of the deviation, the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3100(d). (B) A list of the affected sources or equipment for which a deviation occurred, the cause of the deviation (including unknown cause, if applicable), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (xiv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limitation in § 63.3090(a) or (b) or § 63.3091(a) or (b) or operating limit in table 1 of this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (xv) On and after January 5, 2021, for each deviation from an emission limitation in § 63.3090(a) or (b), or § 63.3091(a) or (b), or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3090(a) or (b) or § 63.3091(a) or (b), and a description of the method used to estimate the emissions. (7) Deviations: Separate electrodeposition primer organic HAP content limit. (i) Identification of each material used that deviated from the emission limit, and the date, time, and duration each was used. (ii) The determination of mass fraction of each organic HAP for each material identified in paragraph (a)(7)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by material suppliers or manufacturers, or test reports. (iii) A statement of the cause of each deviation (including unknown case, if applicable). (iv) On and after January 5, 2021, the number of deviations, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3092(a), and a description of the method used to estimate the emissions. (8) Deviations: Separate electrodeposition primer bake oven capture and control limitations. (i) The beginning and ending dates of each month during which there was a deviation from the separate electrodeposition primer bake oven capture and control limitations in § 63.3092(b). (ii) The date and time that each malfunction of the capture systems or control devices used to control emissions from the electrodeposition primer bake oven started and stopped. (iii) A brief description of the CPMS. (iv) The date of the latest CPMS certification or audit. (v) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, for each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (vi) Before January 5, 2021, the date, time, and duration that each CPMS was out of control, including the information in § 63.8(c)(8). On and after January 5, 2021, for each instance that the CPMS was out of control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (vii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of each bypass of an add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the date, time, and duration of each deviation from an operating limit in table 1 to this subpart; and the date, time, and duration of each bypass of an add-on control device. (viii) A summary of the total duration and the percent of the total source operating time of the deviations from each operating limit in Table 1 to this subpart and the bypasses of each add-on control device during the semiannual reporting period. (ix) Before January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from each operating limit in table 1 to this subpart and bypasses of each add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (x) A summary of the total duration and the percent of the total source operating time of the downtime for each CPMS during the semiannual reporting period. (xi) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control devices since the last semiannual reporting period. (xii) A statement of the cause of each deviation (including unknown cause, if applicable). (9) Deviations: Work practice plans. (i) Before January 5, 2021, the time period during which each deviation occurred. On and after January 5, 2021, the date, time, and duration of the deviation. (ii) Before January 5, 2021, the nature of each deviation. On and after January 5, 2021, the nature of the deviation, including a list of the affected sources or equipment for which the deviation occurred, and the cause of the deviation (including unknown cause, if applicable). (iii) The corrective action(s) taken to bring the applicable work practices into compliance with the work practice plan. (b) Performance test reports. (c) SSM reports. (1) If your actions were consistent with your SSMP, you must include the information specified in § 63.10(d) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your SSMP, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) Performance test reports. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (c)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) of this section. (e) Initial notification reports. https://cdx.epa.gov/ (f) Semiannual compliance reports. https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (g) Reporting during EPA system outages. (h) Reporting during force majeure events. e.g., e.g., [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41125, July 8, 2020] § 63.3130 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP, the density and the volume fraction of coating solids for each coating, the mass fraction of organic HAP and the density for each thinner, and the mass fraction of organic HAP for each cleaning material. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. If you use the results of an analysis conducted by an outside testing lab, you must keep a copy of the test report. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each month, the records specified in paragraphs (c)(1) through (6) of this section. (1) For each coating used for electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations and for each coating, except for deadener and for adhesive and sealer that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c), a record of the volume used in each month, the mass fraction organic HAP content, the density, and the volume fraction of solids. (2) For each thinner used for electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations and for each thinner, except for thinner used for deadener and for adhesive and sealer that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c), a record of the volume used in each month, the mass fraction organic HAP content, and the density. (3) For each deadener material and for each adhesive and sealer material, a record of the mass used in each month and the mass organic HAP content. (4) A record of the calculation of the organic HAP emission rate for electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) for each month if subject to the emission limit of § 63.3090(a) or § 63.3091(a). This record must include all raw data, algorithms, and intermediate calculations. If the guidelines presented in the “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see (5) A record of the calculation of the organic HAP emission rate for primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) for each month if subject to the emission limit of § 63.3090(b) or § 63.3091(b), and a record of the weight fraction of each organic HAP in each material added to the electrodeposition primer system if subject to the limitations of § 63.3092(a). This record must include all raw data, algorithms, and intermediate calculations. If the guidelines presented in the “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see (6) A record, for each month, of the calculation of the average monthly mass organic HAP content of: (i) Sealers and adhesives; and (ii) Deadeners. (d) A record of the name and volume of each cleaning material used during each month. (e) A record of the mass fraction of organic HAP for each cleaning material used during each month. (f) A record of the density for each cleaning material used during each month. (g) Before January 5, 2021, a record of the date, time, and duration of each deviation, and for each deviation, a record of whether the deviation occurred during a period of SSM. On and after January 5, 2021, for each deviation from an emission limitation, operating limit, or work practice plan reported under § 63.3120(a)(5) through (9), a record of the information specified in paragraphs (g)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, and for each deviation, the information as reported under § 63.3120(a)(5) through (9). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.3120(a)(5) through (9). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3090(a) through (d) or § 63.3091(a) through (d) or any applicable operating limit in table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.3120(a)(5) through (9). (4) A record of actions taken to minimize emissions in accordance with § 63.3100(d) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (h) Before January 5, 2021, the records required by § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the provisions of this paragraph no longer apply. (i) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.3165(a). (j) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.3164 and 63.3165(b) through (g), including the records specified in paragraphs (j)(1) through (4) of this section that apply to you. (1) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (2) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (3) Records for panel tests. (4) Records for an alternative protocol. (k) The records specified in paragraphs (k)(1) and (2) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.3166. (1) Records of each add-on control device performance test conducted according to §§ 63.3164 and 63.3166. (2) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (l) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.3167 and to document compliance with the operating limits as specified in Table 1 to this subpart. (m) Records of the data and calculations you used to determine the transfer efficiency for primer-surfacer and topcoat coatings and for all coatings, except for deadener and for adhesive and sealer that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c). (n) A record of the work practice plans required by § 63.3094(b) and (c) and documentation that you are implementing the plans on a continuous basis. Appropriate documentation may include operational and maintenance records, records of documented inspections, and records of internal audits. (o) For each add-on control device and for each continuous parameter monitoring system, a copy of the equipment operating instructions must be maintained on-site for the life of the equipment in a location readily available to plant operators and inspectors. You may prepare your own equipment operating instructions, or they may be provided to you by the equipment supplier or other third party. (p) On and after January 5, 2021, any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20233, Apr. 24, 2007; 85 FR 41128, July 8, 2020; 86 FR 66039, Nov. 19, 2021] § 63.3131 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) Except as provided in § 63.3130(o), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record, as specified in § 63.10(b)(1). (c) Except as provided in § 63.3130(o), you must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020] Compliance Requirements for Adhesive, Sealer, and Deadener § 63.3150 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3151. The initial compliance period begins on the applicable compliance date specified in § 63.3083 and ends on the last day of the month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. You must determine the mass average organic HAP content of the materials used each month for each group of materials for which an emission limitation is established in § 63.3090(c) and (d) or § 63.3091(c) and (d). The initial compliance demonstration includes the calculations according to § 63.3151 and supporting documentation showing that during the initial compliance period, the mass average organic HAP content for each group of materials was equal to or less than the applicable emission limits in § 63.3090(c) and (d) or § 63.3091(c) and (d). § 63.3151 How do I demonstrate initial compliance with the emission limitations? You must separately calculate the mass average organic HAP content of the materials used during the initial compliance period for each group of materials for which an emission limit is established in § 63.3090(c) and (d) or § 63.3091(c) and (d). If every individual material used within a group of materials meets the emission limit for that group of materials, you may demonstrate compliance with that emission limit by documenting the name and the organic HAP content of each material used during the initial compliance period. If any individual material used within a group of materials exceeds the emission limit for that group of materials, you must determine the mass average organic HAP content according to the procedures of paragraph (d) of this section. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in table 5 to this subpart that is present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e.g., (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e.g., (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). e see (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the density of each material used. see see (c) Determine the volume of each material used. (d) Determine the mass average organic HAP content for each group of materials. (1) Calculate the mass average organic HAP content of adhesive and sealer materials other than components of the glass bonding system used in the initial compliance period using Equation 1 of this section: Where: C avg, as Vol as, j D as, j W as, j r = Number of adhesive and sealer materials used. (2) Calculate the mass average organic HAP content of deadener materials used in the initial compliance period using Equation 2 of this section: Where: C avg, d Vol d, m D d, m W d, m s = Number of deadener materials used. (e) Compliance demonstration. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020] § 63.3152 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the mass average organic HAP content for each compliance period, determined according to § 63.3151(a) through (d), must be less than or equal to the applicable emission limit in § 63.3090(c) and (d) or § 63.3091(c) and (d). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in § 63.3150 is a compliance period consisting of that month. (b) If the mass average organic HAP emission content for any compliance period exceeds the applicable emission limit in § 63.3090(c) and (d) or § 63.3091(c) and (d), this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(5). (c) You must maintain records as specified in §§ 63.3130 and 63.3131. Compliance Requirements for the Combined Electrodeposition Primer, Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission Limitations § 63.3160 By what date must I conduct initial performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3083. You must conduct a performance test of each capture system and add-on control device according to §§ 63.3164 through 63.3166 and establish the operating limits required by § 63.3093 no later than 180 days after the applicable compliance date specified in § 63.3083. (2) You must develop and begin implementing the work practice plans required by § 63.3094(b) and (c) no later than the compliance date specified in § 63.3083. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3161. The initial compliance period begins on the applicable compliance date specified in § 63.3083 and ends on the last day of the month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. You must determine the mass of organic HAP emissions and volume of coating solids deposited in the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3164 through 63.3166; supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the emission limit in § 63.3090(a); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3168; and documentation of whether you developed and implemented the work practice plans required by § 63.3094(b) and (c). (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.3093 until after you have completed the performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and CPMS during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (a)(1) of this section. (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3083. You must conduct an initial performance test of each capture system and add-on control device according to the procedures in §§ 63.3164 through 63.3166 and establish the operating limits required by § 63.3093 no later than the compliance date specified in § 63.3083. (2) You must develop and begin implementing the work practice plans required by § 63.3094(b) and (c) no later than the compliance date specified in § 63.3083. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3161. The initial compliance period begins on the applicable compliance date specified in § 63.3083 and ends on the last day of the month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. You must determine the mass of organic HAP emissions and volume of coating solids deposited during the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3164 through 63.3166; supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the emission limits in § 63.3091(a); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3168; and documentation of whether you developed and implemented the work practice plans required by § 63.3094(b) and (c). (c) You are not required to conduct an initial performance test to determine capture efficiency or destruction efficiency of a capture system or control device if you receive approval to use the results of a performance test that has been previously conducted on that capture system (either a previous stack test or a previous panel test) or control device. You are not required to conduct an initial test to determine transfer efficiency if you receive approval to use the results of a test that has been previously conducted. Any such previous tests must meet the conditions described in paragraphs (c)(1) through (3) of this section. (1) The previous test must have been conducted using the methods and conditions specified in this subpart. (2) Either no process or equipment changes have been made since the previous test was performed or the owner or operator must be able to demonstrate that the results of the performance test reliably demonstrate compliance despite process or equipment changes. (3) Either the required operating parameters were established in the previous test or sufficient data were collected in the previous test to establish the required operating parameters. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41129, July 8, 2020] § 63.3161 How do I demonstrate initial compliance? (a) You must meet all of the requirements of this section to demonstrate initial compliance. To demonstrate initial compliance, the organic HAP emissions from the combined electrodeposition primer, primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) must meet the applicable emission limitation in § 63.3090(a) or § 63.3091(a) and the applicable operating limits and work practice standards in §§ 63.3093 and 63.3094. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. see (e) Determine the mass fraction of organic HAP, density, and volume used. (f) Determine the volume fraction of coating solids for each coating. (1) ASTM Method D2697-03 (Reapproved 2014) or ASTM Method D6093-97 (Reapproved 2016). see see (2) Information from the supplier or manufacturer of the material. (g) Determine the transfer efficiency for each coating. see see see (h) Calculate the total mass of organic HAP emissions before add-on controls. Where: H BC A = Total mass of organic HAP in the coatings used during the month, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinners used during the month, kg, as calculated in Equation 1B of this section. (1) Calculate the kg organic HAP in the coatings used during the month using Equation 1A of this section: Where: A = Total mass of organic HAP in the coatings used during the month, kg. Vol c, i D c, i W c, i m = Number of different coatings used during the month. (2) Calculate the kg of organic HAP in the thinners used during the month using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinners used during the month, kg. Vol t, j D t, j W t, j n = Number of different thinners used during the month. (i) Calculate the organic HAP emission reduction for each controlled coating operation. (j) Calculate the organic HAP emission reduction for each controlled coating operation not using liquid-liquid material balances. Where: H Cn A C B C A unc B unc CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.3164 and 63.3165 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.3164 and 63.3166 to measure and record the organic HAP destruction or removal efficiency. (1) Calculate the mass of organic HAP in the coatings used in the controlled coating operation, kg, using Equation 2A of this section. Where: A C Vol c, i D c, i W c, i m = Number of different coatings used. (2) Calculate the mass of organic HAP in the thinners used in the controlled coating operation, kg, using Equation 2B of this section. Where: B C Vol t, j D t, j W t, j n = Number of different thinners used. (3) Calculate the mass of organic HAP in the coatings used in the controlled coating operation during deviations specified in § 63.3163(c) and (d), using Equation 2C of this section: Where: A unc VOLD i D i W i m = Number of different coatings. (4) Calculate the mass of organic HAP in the thinners used in the controlled coating operation during deviations specified in § 63.3163(c) and (d), using Equation 2D of this section: Where: B unc VOLD j D j W h n = Number of different thinners. (k) Calculate the organic HAP emission reduction for each controlled coating operation using liquid-liquid material balances. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each month. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the month, kg, based on measurement with the device required in paragraph (k)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A-7, or an EPA approved alternative method, or you may use information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of EPA Method 24 of 40 CFR part 60, appendix A-7, or an approved alternative method, the test method results will govern unless after consultation, the facility demonstrates to the satisfaction of the enforcement authority that the facility's data are correct. (4) Determine the density of each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, kg per liter, according to § 63.3151(b). (5) Measure the volume of each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, liters. (6) Each month, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 3 of this section: Where: R V M VR Vol i D i WV c, i Vol j D j WV t, j m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the month. n = Number of different thinners used in the coating operation controlled by the solvent recovery system during the month. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the month, using Equation 4 of this section: Where: H CSR A CSR B CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, kg, using Equation 4A of this section. Where: A CSR Vol c, i D c, i W c, i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners used in the coating operation controlled by the solvent recovery system, kg, using Equation 4B of this section. Where: B CSR Vol t, j D t, j W t, j n = Number of different thinners used. (l) Calculate the total volume of coating solids deposited. Where: V sdep Vol c,i V s,i TE c,i M = Number of coatings used during the month. (m) Calculate the mass of organic HAP emissions for each month. Where: H HAP H BC H Cn, i H CSR, j H DEV, k, m q = Number of controlled coating operations not using a liquid-liquid material balance. r = Number of coating operations controlled by a solvent recovery system using a liquid-liquid material balance. S k (n) Calculate the organic HAP emission rate for the month. Where: H rate H HAP V sdep (o) Compliance demonstration. (p) You may request approval from the Administrator to use non-zero capture efficiencies and add-on control device efficiencies for any period of time in which a deviation, including a deviation during a period of startup, shutdown, or malfunction, from an operating limit or from any CPMS requirement for the capture system or add-on control device serving a controlled coating operation occurred. (1) If you have manually collected parameter data indicating that a capture system or add-on control device was operating normally during a CPMS malfunction, a CPMS out-of-control period, or associated repair, then these data may be used to support and document your request to use the normal capture efficiency or add-on control device efficiency for that period of deviation. (2) If you have data indicating the actual performance of a capture system or add-on control device ( e.g., (3) The organic HAP emission reduction achieved during each period of deviation, including a deviation during a period of startup, shutdown, or malfunction, from an operating limit or from any CPMS requirement for the capture system or add-on control device serving a controlled coating operation for which the Administrator has approved the use of non-zero capture efficiency and add-on control device efficiency values is calculated using Equation 8 of this section. Where: H DEV A DEV B DEV CE DEV DRE DEV (4) Calculate the total mass of organic HAP in the coatings used in the controlled coating operation during the period of deviation using equation 8A of this section: Where: A DEV VOL CDEV, i D c, i W c, i m = Number of different coatings used. (5) Calculate the total mass of organic HAP in the thinners used in the controlled coating operation during the period of deviation using equation 8B of this section: Where: B DEV VOL TDEV, j D t, j W t, j n = Number of different thinners used. [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20233, Apr. 24, 2007; 85 FR 41129, July 8, 2020; 86 FR 66040, Nov. 19, 2021] § 63.3162 [Reserved] § 63.3163 How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.3090(a) or § 63.3091(a), the organic HAP emission rate for each compliance period, determined according to the procedures in § 63.3161, must be equal to or less than the applicable emission limit in § 63.3090(a) or § 63.3091(a). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in § 63.3160 is a compliance period consisting of that month. You must perform the calculations in § 63.3161 on a monthly basis. (b) If the organic HAP emission rate for any 1 month compliance period exceeded the applicable emission limit in § 63.3090(a) or § 63.3091(a), this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6). (c) You must demonstrate continuous compliance with each operating limit required by § 63.3093 that applies to you, as specified in table 1 to this subpart, and you must conduct performance tests as specified in paragraph (c)(3) of this section. (1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6). (2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation except as provided in § 63.3161(p). (3) Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3161(k) for controlled coating operations, you must conduct periodic performance tests of add-on controls and establish the operating limits required by § 63.3093 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2022. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3167(b) and following the catalyst maintenance procedures in § 63.3167(b)(6), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. The requirements of this paragraph do not apply to measuring emission capture system efficiency. (d) You must meet the requirements for bypass lines in § 63.3168(b) for control devices other than solvent recovery systems for which you conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6). For the purposes of completing the compliance calculations specified in § 63.3161(k), you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. (e) You must demonstrate continuous compliance with the work practice standards in § 63.3094. If you did not develop a work practice plan, if you did not implement the plan, or if you did not keep the records required by § 63.3130(n), this is a deviation from the work practice standards that must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6). (f) If there were no deviations from the emission limitations, submit a statement as part of the semiannual compliance report that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3090(a) or § 63.3091(a), § 63.3090(b) or § 63.3091(b), or § 63.3092(a) or § 63.3092(b), you achieved the operating limits required by § 63.3093, and you achieved the work practice standards required by § 63.3094 during each compliance period. (g) [Reserved] (h) Before January 5, 2021, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of SSM of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a SSM are violations according to the provisions in § 63.6(e). On and after January 5, 2021, the provisions of this paragraph no longer apply. (i) [Reserved] (j) You must maintain records as specified in §§ 63.3130 and 63.3131. [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 41130, July 8, 2020] § 63.3164 What are the general requirements for performance tests? (a) You must conduct each applicable performance test required by §§ 63.3160, 63.3163, and 63.3171 according to the requirements in § 63.7(e)(1) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.3165. You must conduct each performance test of an add-on control device according to the requirements in § 63.3166. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41130, July 8, 2020] § 63.3165 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by §§ 63.3160 and 63.3163. For purposes of this subpart, a spray booth air seal is not considered a natural draft opening in a PTE or a temporary total enclosure provided you demonstrate that the direction of air movement across the interface between the spray booth air seal and the spray booth is into the spray booth. For purposes of this subpart, a bake oven air seal is not considered a natural draft opening in a PTE or a temporary total enclosure provided you demonstrate that the direction of air movement across the interface between the bake oven air seal and the bake oven is into the bake oven. You may use lightweight strips of fabric or paper, or smoke tubes to make such demonstrations as part of showing that your capture system is a PTE or conducting a capture efficiency test using a temporary total enclosure. You cannot count air flowing from a spray booth air seal into a spray booth as air flowing through a natural draft opening into a PTE or into a temporary total enclosure unless you elect to treat that spray booth air seal as a natural draft opening. You cannot count air flowing from a bake oven air seal into a bake oven as air flowing through a natural draft opening into a PTE or into a temporary total enclosure unless you elect to treat that bake oven air seal as a natural draft opening. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings and thinners used in the coating operation are applied within the capture system, and coating solvent flash-off and coating curing and drying occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings and thinners are applied, and all areas where emissions from these applied coatings and thinners subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating and thinner used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term volatile organic compounds (VOC) in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings and thinners used in the coating operation during each capture efficiency test run. Where: TVH i Vol i D i n = Number of different coatings and thinners used in the coating operation during the capture efficiency test run. (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings and thinners are applied, and all areas where emissions from these applied coatings and thinners subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously or sequentially measured in each duct, and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Panel testing to determine the capture efficiency of flash-off or bake oven emissions. see see see see (1) Calculate the volume of coating solids deposited per volume of coating used for coating, i, or the composite volume of coating solids deposited per volume of coating used for the group of coatings including coating, i, used during the month in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted using Equation 5 of this section: Where: V sdep, i V s, i TE c, i (2) Calculate the mass of VOC per volume of coating for coating, i, or the composite mass of VOC per volume of coating for the group of coatings including coating, i, used during the month in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted, kg, using Equation 6 of this section: Where: VOC i D c,i Wvoc c,i see (3) As an alternative, you may choose to express the results of your panel tests in units of mass of VOC per mass of coating solids deposited and convert such results to a percent using Equation 7 of this section. If you panel test representative coatings, then you may convert the panel test result for each representative coating either to a unique percent capture efficiency for each coating grouped with that representative coating by using coating specific values for the mass of coating solids deposited per mass of coating used, mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section; or to a composite percent capture efficiency for the group of coatings by using composite values for the group of coatings for the mass of coating solids deposited per mass of coating used and average values for the mass of VOC per volume of coating, average values for the group of coatings for mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency for that coating by using coating specific values for the mass of coating solids deposited per mass of coating used, mass fraction VOC, transfer efficiency, and mass fraction solids in Equations 7 and 8 of this section. Panel test results expressed in units of mass of VOC per mass of coating solids deposited must be converted to percent capture efficiency using Equation 7 of this section: Where: CE i P m,i W sdep,i Wvoc c,i see (4) Calculate the mass of coating solids deposited per mass of coating used for each coating or the composite mass of coating solids deposited per mass of coating used for each group of coatings used during the month in the spray booth(s) preceding the flash-off area or bake oven for which the panel test is conducted using Equation 8 of this section: Where: W sdep, i W s, i see TE c, i (f) Alternative capture efficiency procedure. (g) Panel testing to determine the capture efficiency of spray booth emissions from solvent-borne coatings. [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20234, Apr. 24, 2007; 85 FR 41131, July 8, 2020; 86 FR 66040, Nov. 19, 2021] § 63.3166 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.3160, § 63.3163, or § 63.3171. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1, or 2G of appendix A-2 to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. The ANSI/ASME PTC 19.10-1981 (incorporated by reference, see (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60, as specified in paragraphs (b)(1) through (4) of this section. You must use the same method for both the inlet and outlet measurements. (1) Use Method 25 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million by volume (ppmv) at the control device outlet. (2) Use Method 25A if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppmv or less at the control device outlet. (3) Use Method 25A if the add-control device is not an oxidizer. (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume, dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency using Equation 2 of this section: Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41131, July 8, 2020] § 63.3167 How do I establish the add-on control device operating limits during performance tests? During the performance tests required by §§ 63.3160, 63.3163, and 63.3171 (and described in §§ 63.3164 and 63.3166), you must establish the operating limits required by § 63.3093 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.3093. (a) Thermal oxidizers. (1) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) Use all valid data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum 3-hour average operating limit for your thermal oxidizer. (3) As an alternative, if the latest operating permit issued before April 26, 2007, for the thermal oxidizer at your facility contains recordkeeping and reporting requirements for the combustion temperature that are consistent with the requirements for thermal oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limit for the combustion temperature for each such thermal oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average combustion temperature during the performance test of that thermal oxidizer. If you do not have an operating permit for the thermal oxidizer at your facility and the latest construction permit issued before April 26, 2007, for the thermal oxidizer at your facility contains recordkeeping and reporting requirements for the combustion temperature that are consistent with the requirements for thermal oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limit for the combustion temperature for each such thermal oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average combustion temperature during the performance test of that thermal oxidizer. If you use 28 degrees Celsius (50 degrees Fahrenheit) below the combustion temperature maintained during the performance test as the minimum operating limit for a thermal oxidizer, then you must keep the combustion temperature set point on that thermal oxidizer no lower than 14 degrees Celsius (25 degrees Fahrenheit) below the lower of that set point during the performance test for that thermal oxidizer and the average combustion temperature maintained during the performance test for that thermal oxidizer. (b) Catalytic oxidizers. (1) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) Use all valid data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. The minimum 3-hour average operating limits for your catalytic oxidizer are the average temperature just before the catalyst bed maintained during the performance test of that catalytic oxidizer and 80 percent of the average temperature difference across the catalyst bed maintained during the performance test of that catalytic oxidizer, except during periods of low production, the latter minimum operating limit is to maintain a positive temperature gradient across the catalyst bed. A low production period is when production is less than 80 percent of production rate during the performance test of that catalytic oxidizer. (3) As an alternative, if the latest operating permit issued before April 26, 2007, for the catalytic oxidizer at your facility contains recordkeeping and reporting requirements for the temperature before the catalyst bed that are consistent with the requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limits for each such catalytic oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer and 80 percent of the average temperature difference across the catalyst bed maintained during the performance test for that catalytic oxidizer, except during periods of low production the latter minimum operating limit is to maintain a positive temperature gradient across the catalyst bed. If you do not have an operating permit for the catalytic oxidizer at your facility and the latest construction permit issued before April 26, 2007, for the catalytic oxidizer at your facility contains recordkeeping and reporting requirements for the temperature before the catalyst bed that are consistent with the requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limits for each such catalytic oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer and 80 percent of the average temperature difference across the catalyst bed maintained during the performance test for that catalytic oxidizer, except during periods of low production the latter minimum operating limit is to maintain a positive temperature gradient across the catalyst bed. A low production period is when production is less than 80 percent of production rate during the performance test. If you use 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test as the minimum operating limits for a catalytic oxidizer, then you must keep the set point for the temperature just before the catalyst bed on that catalytic oxidizer no lower than 14 degrees Celsius (25 degrees Fahrenheit) below the lower of that set point during the performance test for that catalytic oxidizer and the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer. (4) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(6) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use all valid data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (5) If the latest operating permit issued before April 26, 2007, for the catalytic oxidizer at your facility contains recordkeeping and reporting requirements for the temperature before the catalyst bed that are consistent with the requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limit for each such catalytic oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer. If you do not have an operating permit for the catalytic oxidizer at your facility and the latest construction permit issued before April 26, 2007, for the catalytic oxidizer at your facility contains recordkeeping and reporting requirements for the temperature before the catalyst bed that are consistent with the requirements for catalytic oxidizers in 40 CFR 60.395(c), then you may set the minimum operating limit for each such catalytic oxidizer at your affected source at 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer. If you use 28 degrees Celsius (50 degrees Fahrenheit) below the average temperature just before the catalyst bed maintained during the performance test as the minimum operating limit for a catalytic oxidizer, then you must keep the set point for the temperature just before the catalyst bed on that catalytic oxidizer no lower than 14 degrees Celsius (25 degrees Fahrenheit) below the lower of that set point during the performance test for that catalytic oxidizer and the average temperature just before the catalyst bed maintained during the performance test for that catalytic oxidizer. (6) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(4) or (b)(5) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(6)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e. (ii) Monthly external inspection of the catalytic oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found during the annual internal inspection of the catalyst, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations. If the catalyst bed is replaced and is not of like or better kind and quality as the old catalyst, then you must conduct a new performance test to determine destruction efficiency according to § 63.3166. If a catalyst bed is replaced and the replacement catalyst is of like or better kind and quality as the old catalyst, then a new performance test to determine destruction efficiency is not required and you may continue to use the previously established operating limits for that catalytic oxidizer. (c) Regenerative carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During the performance test, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) Use all valid data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum 3-hour average operating limit for your condenser. (e) Concentrators. (1) During the performance test, you must monitor and record the desorption gas inlet temperature at least once every 15 minutes during each of the three runs of the performance test. (2) Use all valid data collected during the performance test to calculate and record the average desorption gas inlet temperature. The minimum operating limit for the concentrator is 8 degrees Celsius (15 degrees Fahrenheit) below the average desorption gas inlet temperature maintained during the performance test for that concentrator. You must keep the set point for the desorption gas inlet temperature no lower than 6 degrees Celsius (10 degrees Fahrenheit) below the lower of that set point during the performance test for that concentrator and the average desorption gas inlet temperature maintained during the performance test for that concentrator. (f) Emission capture systems. (1) During the capture efficiency determination required by §§ 63.3160 and 63.3163 and described in §§ 63.3164 and 63.3165, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device, using all valid data. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20235, Apr. 24, 2007; 85 FR 41132, July 8, 2020] § 63.3168 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally-spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) You must maintain the CPMS at all times in accordance with § 63.3100(d) and have readily available necessary parts for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating in accordance with § 63.3100(d). (6) Before January 5, 2021, you must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. On and after January 5, 2021, startups and shutdowns are normal operation for this source category. Emissions from these activities are to be included when determining if the standards specified in §§ 63.3090, 63.3091, 63.3092, 63.4292, and 63.4293 are being attained. You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out of control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period during which the CPMS fails to operate and record data continuously as required by paragraph (a)(1) of this section, or generates data that cannot be included in calculating averages as specified in this paragraph (a)(7) constitutes a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.3120. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install a gas temperature monitor upstream of the catalyst bed. If you establish the operating parameters for a catalytic oxidizer under § 63.3167(b)(1) through (3), you must also install a gas temperature monitor downstream of the catalyst bed. The temperature monitors must be in the gas stream immediately before and after the catalyst bed to measure the temperature difference across the bed. If you establish the operating parameters for a catalytic oxidizer under § 63.3167(b)(4) through (6), you need not install a gas temperature monitor downstream of the catalyst bed. (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a)(1) through (6) and (c)(3)(i) through (vii) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 4 degrees Fahrenheit or 0.75 percent of the temperature value, whichever is larger. (iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (iv) If a gas temperature chart recorder is used, it must have a measurement sensitivity in the minor division of at least 20 degrees Fahrenheit. (v) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer's owners manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 30 degrees Fahrenheit of the process temperature sensor reading. (vi) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (vii) At least monthly, inspect components for integrity and electrical connections for continuity, oxidation, and galvanic corrosion. (d) Regenerative carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent, capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must have a measurement sensitivity of 1 percent of the temperature (as expressed in degrees Fahrenheit) recorded or 1 degree Fahrenheit, whichever is greater, and must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (e) Condensers. (1) The gas temperature monitor must have a measurement sensitivity of 1 percent of the temperature (expressed in degrees Fahrenheit) recorded or 1 degree Fahrenheit, whichever is greater. (2) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (f) Concentrators. (g) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a)(1) through (6) and (g)(1)(i) through (iv) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iii) Conduct a flow sensor calibration check at least semiannually. (iv) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a)(1) through (6) and (g)(2)(i) through (vi) of this section. (i) Locate the pressure tap(s) in a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Check pressure tap pluggage daily. (iv) Using an inclined manometer with a measurement sensitivity of 0.0002 inch water, check gauge calibration quarterly and transducer calibration monthly. (v) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vi) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41132, July 8, 2020] § 63.3169 What are the requirements for a capture system or add-on control device which is not taken into account when demonstrating compliance with the applicable emission limitations? You may have capture systems or add-on control devices which you choose not to take into account when demonstrating compliance with the applicable emission limitations. For any such capture system or add-on control device, you are not required to comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency. If, at a later date, you decide to take any such capture system or add-on control device into account when demonstrating compliance with the emission limitations, then at that time you must comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, and removal efficiency, as applicable, for that capture system or add-on control device. [72 FR 20235, Apr. 24, 2007] Compliance Requirements for the Combined Primer-Surfacer, Topcoat, Final Repair, Glass Bonding Primer, and Glass Bonding Adhesive Emission Limitations and the Separate Electrodeposition Primer Emission Limitations § 63.3170 By what date must I conduct performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (b) Existing affected sources. § 63.3171 How do I demonstrate initial compliance? (a) You must meet all of the requirements of this section to demonstrate initial compliance. To demonstrate initial compliance, the organic HAP emissions from the combined primer-surfacer, topcoat, final repair, glass bonding primer, and glass bonding adhesive operations plus all coatings and thinners, except for deadener materials and for adhesive and sealer materials that are not components of glass bonding systems, used in coating operations added to the affected source pursuant to § 63.3082(c) must meet the applicable emission limitation in § 63.3090(b) or § 63.3091(b); the organic HAP emissions from the electrodeposition primer operation must meet the applicable emissions limitations in § 63.3092(a) or (b); and you must meet the applicable operating limits and work practice standards in §§ 63.3093 and 63.3094. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of each organic HAP in each material used in the electrodeposition primer operation. (1) Method 311 (appendix A to 40 CFR part 63). (2) Alternative method. (3) Information from the supplier or manufacturer of the material. (f) Capture of electrodeposition bake oven emissions. (g) Control of electrodeposition bake oven emissions. (h) Compliance demonstration. [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20235, Apr. 24, 2007; 85 FR 41132, July 8, 2020] § 63.3172 [Reserved] § 63.3173 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.3090(b) or § 63.3091(b), the organic HAP emission rate for each compliance period determined according to the procedures in § 63.3171 must be equal to or less than the applicable emission limit in § 63.3090(b) or § 63.3091(b). A compliance period consists of 1 month. Each month after the end of the initial compliance period described in § 63.3170 is a compliance period consisting of that month. You must perform the calculations in § 63.3171 on a monthly basis. (b) If the organic HAP emission rate for any 1 month compliance period exceeded the applicable emission limit in § 63.3090(b) or § 63.3091(b), this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.3110(c)(6) and 63.3120(a)(6). (c) You must meet the requirements of § 63.3163(c) through (j). § 63.3174 What are the requirements for a capture system or add-on control device which is not taken into account when demonstrating compliance with the applicable emission limitations? You may have capture systems or add-on control devices which you choose not to take into account when demonstrating compliance with the applicable emission limitations. For any such capture system or add-on control device, you are not required to comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, or removal efficiency. If, at a later date, you decide to take any such capture system or add-on control device into account when demonstrating compliance with the emission limitations, then at that time you must comply with the requirements of §§ 63.3093, 63.3100, 63.3110, 63.3120, 63.3130, 63.3131, and 63.3160 through 63.3168 with regard to notification, reporting, recordkeeping, performance tests, monitoring, operating parameters, capture efficiency, add-on control device efficiency, destruction efficiency, and removal efficiency, as applicable, for that capture system or add-on control device. [72 FR 20236, Apr. 24, 2007] Other Requirements and Information § 63.3175 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, EPA, or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the work practice standards in § 63.3094 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.3176 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in the General Provisions of this part, and in this section as follows: Add-on control device Add-on control device efficiency Adhesive Adhesive and sealer material Anti-chip coating electrodeposition primer topcoat. primer-surfacer. Automobile Light-duty truck. Automobile and light-duty truck assembly plant Bake oven air seal Basecoat/clearcoat Blackout coating Body part Capture device Capture efficiency or capture system efficiency Capture system Catalytic oxidizer Chip resistant edge primer anti-chip coating Cleaning material e.g., Coating Coating operation Coating solids Container Continuous parameter monitoring system (CPMS) Controlled coating operation coating operation capture system add-on control device Day tank Deadener Deadener material Deposited solids Deviation (1) Before January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit or operating limit or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Electrodeposition primer or electrocoating primer Emission limitation Final repair Flash-off area Glass bonding adhesive Glass bonding primer Guide coat Primer-surfacer. In-line repair Light-duty truck Lower body anti-chip coating anti-chip coating Manufacturer's formulation data Mass fraction of organic HAP Month Organic HAP Other motor vehicle Other motor vehicle assembly plant Paint line Paint shop Permanent total enclosure (PTE) Plastic or composites molding facility Primer-surfacer electrodeposition primer topcoat. guide coat surfacer. Anti-chip coating Purge/clean operation Purge capture Purge material Protective oil Research or laboratory operations de minimis Responsible official Sealer Spray booth Spray booth air seal Startup, initial Surface preparation Surfacer Primer-surfacer. Tack-wipe Temporary total enclosure Thermal oxidizer Thinner Topcoat Total volatile hydrocarbon (TVH) Touchup bottle Transfer efficiency Uncontrolled coating operation Underbody anti-chip coating anti-chip coating Volatile organic compound (VOC) Volume fraction of coating solids [69 FR 22623, Apr. 26, 2004, as amended at 71 FR 76927, Dec. 22, 2006; 72 FR 20236, Apr. 24, 2007; 85 FR 41132, July 8, 2020] Table 1 to Subpart IIII of Part 63—Operating Limits for Capture Systems and Add-On Control Devices If you are required to comply with operating limits by § 63.3093, you must comply with the applicable operating limits in the following table For the following device ... You must meet the following operating limit ... And you must demonstrate continuous compliance with the operating limit by 1. Thermal oxidizer a. The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.3167(a) i. Collecting the combustion temperature data according to § 63.3168(c); 2. Catalytic oxidizer a. The average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.3167(b); and either i. Collecting the temperature data temperature according to § 63.3168(c); b. Ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.3167(b)(2); or i. Collecting the temperature data according to § 63.3168(c); c. Develop and implement an inspection and maintenance plan according to § 63.3167(b)(4) i. Maintaining an up-to-date inspection maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.3167(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. Regenerative carbon adsorber a. The total regeneration desorbing gas ( e.g., i. Measuring the total regeneration desorbing gas ( e.g., b. The temperature of the carbon bed after completing each regeneration and any cooling cycle must not exceed the carbon bed temperature limit established according to § 63.3167(c) i. Measuring the temperature of the carbon bed after completing each regeneration and any cooling cycle according to § 63.3168(d); and 4. Condenser a. The average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.3167(d) i. Collecting the condenser outlet (product side) gas temperature according to § 63.3168(e); 5. Concentrators, including zeolite wheels and rotary carbon adsorbers a. The average desorption gas inlet temperature in any 3-hour period must not fall below the limit established according to § 63.3167(e) i. Collecting the temperature data according to § 63.3168(f); 6. Emission capture system that is a PTE a. The direction of the air flow at all times must be into the enclosure; and either i. Collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.3168(g)(1) or the pressure drop across the enclosure according to § 63.3168(g)(2); and 7. Emission capture system that is not a PTE a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.3167(f). This applies only to capture devices that are not part of a PTE that meets the criteria of § 63.3165(a) and that are not capturing emissions from a downdraft spray booth or from a flashoff area or bake oven associated with a downdraft spray booth i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.3168(g); [69 FR 22623, Apr. 26, 2004, as amended at 72 FR 20236, Apr. 24, 2007] Table 2 to Subpart IIII of Part 63—Applicability of General Provisions to Subpart IIII of Part 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart IIII Explanation § 63.1(a)(1)-(12) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart IIII is also specified in § 63.3081. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart IIII. § 63.1(c)(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.3176. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Fragmentation Yes § 63.5(a) Preconstruction Review Applicability Yes § 63.5(b)(1), (3), (4), (6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(5), (b)(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.3083 specifies the compliance dates. § 63.6(c)(1), (2), (5) Compliance Dates for Existing Sources Yes Section 63.3083 specifies the compliance dates. § 63.6(e)(1)(i)-(ii) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 See § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3)(i), (e)(3)(iii)-(ix) SSMP Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(1) Compliance Except During SSM Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Standard Yes § 63.6(h) Compliance With Opacity/Visible Emission Standards No Subpart IIII does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(14), (16) Extension of Compliance Yes 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3164 and 63.3166. § 63.7(a)(2) except (a)(2)(i)-(viii) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.3160 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3)-(4) Performance Tests Required By the Administrator, Force Majeure Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.7(e)(1) Conduct of performance tests Yes before January 5, 2021. No on and after January 5, 2021 See § 63.7(e)(2)-(4) Conduct of performance tests Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.3168. § 63.8(a)(4) Additional Monitoring Requirements No Subpart IIII does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring Systems (CMS) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 Section 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.3168. § 63.8(c)(4) CMS No Section 63.3168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply with the standards. § 63.8(c)(5) COMS No Subpart IIII does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Section 63.3168 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply with the standards. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods Reporting No Section 63.3120 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart IIII does not require the use of continuous emissions monitoring systems. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart IIII does not require the use of CEMS. § 63.8(g) Data Reduction No Sections 63.3167 and 63.3168 specify monitoring data reduction. § 63.9(a) Notification Requirements Yes § 63.9(b)(1)-(2) Initial Notifications Yes § 63.9(b)(4)(i), (b)(4)(v), (b)(5) Application for Approval of Construction or Reconstruction Yes § 63.9(c) Request for Extension of Compliance Yes § 63.9(d) Special Compliance Requirement Notification Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart IIII does not have opacity or visible emission standards. § 63.9(g) Additional Notifications When Using CMS No Subpart IIII does not require the use of CEMS. § 63.9(h)(1)-(3), (5)-(6) Notification of Compliance Status Yes Section 63.3110 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.3130 and 63.3131. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(vii)-(xi) Records Yes § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart IIII does not require the use of CEMS. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Yes § 63.10(c)(15) Records Regarding the SSM Plan Yes before January 5, 2021. No on and after January 5, 2021 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.3120. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.3120(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart IIII does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) SSM Reports Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart IIII does not require the use of CEMS. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.3120(b) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart IIII does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart IIII does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 IBR Yes § 63.15 Availability of Information/Confidentiality Yes [85 FR 41133, July 8, 2020, as amended at 85 FR 73904, Nov. 19, 2020] Table 3 to Subpart IIII of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data Solvent/solvent blend CAS. No. Average Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 4 to Subpart IIII of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data Solvent type Average Typical organic HAP, percent by mass Aliphatic b 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic c 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. a b E.g. c E.g. Table 5 to Subpart IIII of Part 63—List of HAP That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [85 FR 41136, July 8, 2020] Appendix A to Subpart IIII of Part 63—Determination of Capture Efficiency of Automobile and Light-Duty Truck Spray Booth Emissions From Solvent-borne Coatings Using Panel Testing 1.0 Applicability, Principle, and Summary of Procedure. 1.1 Applicability. This procedure applies to the determination of capture efficiency of automobile and light-duty truck spray booth emissions from solvent-borne coatings using panel testing. This procedure can be used to determine capture efficiency for partially controlled spray booths ( e.g., 1.2 Principle. 1.2.1 The volatile organic compounds (VOC) associated with the coating solids deposited on a part (or panel) in a controlled spray booth zone (or group of contiguous controlled spray booth zones) partition themselves between the VOC that volatilize in the controlled spray booth zone (principally between the spray gun and the part) and the VOC that remain on the part (or panel) when the part (or panel) leaves the controlled spray booth zone. For solvent-borne coatings essentially all of the VOC associated with the coating solids deposited on a part (or panel) in a controlled spray booth zone that volatilize in the controlled spray booth zone pass through the waterwash and are exhausted from the controlled spray booth zone to the control device. 1.2.2 The VOC associated with the overspray coating solids in a controlled spray booth zone partition themselves between the VOC that volatilize in the controlled spray booth zone and the VOC that are still tied to the overspray coating solids when the overspray coating solids hit the waterwash. For solvent-borne coatings almost all of the VOC associated with the overspray coating solids that volatilize in the controlled spray booth zone pass through the waterwash and are exhausted from the controlled spray booth zone to the control device. The exact fate of the VOC still tied to the overspray coating solids when the overspray coating solids hit the waterwash is unknown. This procedure assumes that none of the VOC still tied to the overspray coating solids when the overspray coating solids hit the waterwash are captured and delivered to the control device. Much of this VOC may become entrained in the water along with the overspray coating solids. Most of the VOC that become entrained in the water along with the overspray coating solids leave the water, but the point at which this VOC leave the water is unknown. Some of the VOC still tied to the overspray coating solids when the overspray coating solids hit the waterwash may pass through the waterwash and be exhausted from the controlled spray booth zone to the control device. 1.2.3 This procedure assumes that the portion of the VOC associated with the overspray coating solids in a controlled spray booth zone that volatilizes in the controlled spray booth zone, passes through the waterwash and is exhausted from the controlled spray booth zone to the control device is equal to the portion of the VOC associated with the coating solids deposited on a part (or panel) in that controlled spray booth zone that volatilizes in the controlled spray booth zone, passes through the waterwash, and is exhausted from the controlled spray booth zone to the control device. This assumption is equivalent to treating all of the coating solids sprayed in the controlled spray booth zone as if they are deposited coating solids ( i.e., 1.2.4 This is a conservative (low) assumption for the portion of the VOC associated with the overspray coating solids in a controlled spray booth zone that volatilizes in the controlled spray booth zone. Thus, this assumption results in an underestimate of conservative capture efficiency. The overspray coating solids have more travel time and distance from the spray gun to the waterwash than the deposited coating solids have between the spray gun and the part (or panel). Therefore, the portion of the VOC associated with the overspray coating solids in a controlled spray booth zone that volatilizes in the controlled spray booth zone should be greater than the portion of the VOC associated with the coating solids deposited on a part (or panel) in that controlled spray booth zone that volatilizes in that controlled spray booth zone. 1.3 Summary of Procedure. 1.3.1 A panel test is performed to determine the mass of VOC that remains on the panel when the panel leaves a controlled spray booth zone. The total mass of VOC associated with the coating solids deposited on the panel is calculated. 1.3.2 The percent of the total VOC associated with the coating solids deposited on the panel in the controlled spray booth zone that remains on the panel when the panel leaves the controlled section of the spray booth is then calculated from the ratio of the two previously determined masses. The percent of the total VOC associated with the coating solids deposited on the panel in the controlled spray booth zone that is captured and delivered to the control device equals 100 minus this percentage. (The mass of VOC associated with the coating solids deposited on the panel which is volatilized and captured in the controlled spray booth zone equals the difference between the total mass of VOC associated with the coating solids deposited on the panel and the mass of VOC remaining with the coating solids deposited on the panel when the panel leaves the controlled spray booth zone.) 1.3.3 The percent of the total VOC associated with the coating sprayed in the controlled spray booth zone that is captured and delivered to the control device is assumed to be equal to the percent of the total VOC associated with the coating solids deposited on the panel in the controlled spray booth zone that is captured and delivered to the control device. The percent of the total VOC associated with the coating sprayed in the entire spray booth that is captured and delivered to the control device can be calculated by multiplying the percent of the total VOC associated with the coating sprayed in the controlled spray booth zone that is captured and delivered to the control device by the fraction of coating sprayed in the spray booth that is sprayed in the controlled spray booth zone. 2.0 Procedure. 2.1 You may conduct panel testing to determine the capture efficiency of spray booth emissions. You must follow the instructions and calculations in this appendix A, and use the panel testing procedures in ASTM Method D5087-02, “Standard Test Method for Determining Amount of Volatile Organic Compound (VOC) Released from Solvent-borne Automotive Coatings and Available for Removal in a VOC Control Device (Abatement)” (incorporated by reference, see see 2.2 You may conduct panel testing on representative coatings as described in “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see 2.3 Identification of Controlled Spray Booth Zones. You must identify each controlled spray booth zone or each group of contiguous controlled spray booth zones to be tested. (For example, a controlled bell zone immediately followed by a controlled robotic zone.) Separate panel tests are required for non-contiguous controlled spray booth zones. The flash zone between the last basecoat zone and the first clearcoat zone makes these zones non-contiguous. 2.4 Where to Apply Coating to the Panel. If you are conducting a panel test for a single controlled spray booth zone, then you must apply coating to the panel only in that controlled spray booth zone. If you are conducting a panel test for a group of contiguous controlled spray booth zones, then you must apply coating to the panel only in that group of contiguous controlled spray booth zones. 2.5 How to Process and When to Weigh the Panel. The instructions in this section pertain to panel testing of coating, i, or of the coating representing the group of coatings that includes coating, i. 2.5.1 You must weigh the blank panel. (Same as in bake oven panel test.) The mass of the blank panel is represented by W blank,i 2.5.2 Apply coating, i, or the coating representing coating, i, to the panel in the controlled spray booth zone or group of contiguous controlled spray booth zones being tested (in plant test), or in a simulation of the controlled spray booth zone or group of contiguous controlled spray booth zones being tested (laboratory test). 2.5.3 Remove and weigh the wet panel as soon as the wet panel leaves the controlled spray booth zone or group of contiguous controlled spray booth zones being tested. (Different than bake oven panel test.) This weighing must be conducted quickly to avoid further evaporation of VOC. The mass of the wet panel is represented by W wet,i 2.5.4 Return the wet panel to the point in the coating process or simulation of the coating process where it was removed for weighing. 2.5.5 Allow the panel to travel through the rest of the coating process in the plant or laboratory simulation of the coating process. You must not apply any more coating to the panel after it leaves the controlled spray booth zone (or group of contiguous controlled spray booth zones) being tested. The rest of the coating process or simulation of the coating process consists of: 2.5.5.1 All of the spray booth zone(s) or simulation of all of the spray booth zone(s) located after the controlled spray booth zone or group of contiguous controlled spray booth zones being tested and before the bake oven where the coating applied to the panel is cured, 2.5.5.2 All of the flash-off area(s) or simulation of all of the flash-off area(s) located after the controlled spray booth zone or group of contiguous controlled spray booth zones being tested and before the bake oven where the coating applied to the panel is cured, and 2.5.5.3 The bake oven or simulation of the bake oven where the coating applied to the panel is cured. 2.5.6 After the panel exits the bake oven, you must cool and weigh the baked panel. (Same as in bake oven panel test.) The mass of the baked panel is represented by W baked,i 3.0 Panel Calculations. The instructions in this section pertain to panel testing of coating, i, or of the coating representing the group of coatings that includes coating, i. 3.1 The mass of coating solids (from coating, i, or from the coating representing coating, i, in the panel test) deposited on the panel equals the mass of the baked panel minus the mass of the blank panel as shown in Equation A-1. Where: W sdep, i 3.2 The mass of VOC (from coating, i, or from the coating representing coating, i, in the panel test) remaining on the wet panel when the wet panel leaves the controlled spray booth zone or group of contiguous controlled spray booth zones being tested equals the mass of the wet panel when the wet panel leaves the controlled spray booth zone or group of contiguous controlled spray booth zones being tested minus the mass of the baked panel as shown in Equation A-2. Where: W rem, i 3.3 Calculate the mass of VOC (from coating, i, or from the coating representing coating, i, in the panel test) remaining on the wet panel when the wet panel leaves the controlled spray booth zone or group of contiguous controlled spray booth zones being tested per mass of coating solids deposited on the panel as shown in Equation A-3. Where: P m, i W rem, i W sdep, i 4.0 Converting Panel Result to Percent Capture. The instructions in this section pertain to panel testing of for coating, i, or of the coating representing the group of coatings that includes coating, i. 4.1 If you panel test representative coatings, then you may convert the panel test result for each representative coating from section 3.3 of this appendix A either to a unique percent capture efficiency value for each coating grouped with that representative coating by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A, or to a composite percent capture efficiency value for the group of coatings by using the average values for the group of coatings for mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. If you panel test each coating, then you must convert the panel test result for each coating to a unique percent capture efficiency value by using coating specific values for the mass fraction coating solids and mass fraction VOC in section 4.2 of this appendix A. The mass fraction of VOC in the coating and the mass fraction of solids in the coating must be determined by Method 24 (appendix A-7 to 40 CFR part 60) or by following the guidelines for combining analytical VOC content and formulation solvent content presented in “Protocol for Determining the Daily Volatile Organic Compound Emission Rate of Automobile and Light-Duty Truck Primer-Surfacer and Topcoat” EPA-453/R-08-002 (incorporated by reference, see 4.2 The percent of VOC for coating, i, or composite percent of VOC for the group of coatings including coating, i, associated with the coating solids deposited on the panel that remains on the wet panel when the wet panel leaves the controlled spray booth zone or group of contiguous controlled spray booth zones being tested is calculated using Equation A-4. Where: Pvoc pan, i P m, i W s, i see Wvoc c, i see 4.3 The percent of VOC for coating, i, or composite percent of VOC for the group of coatings including coating, i, associated with the coating sprayed in the controlled spray booth zone (or group of contiguous controlled spray booth zones) being tested that is captured in the controlled spray booth zone or group of contiguous controlled spray booth zones being tested, CE zone,i Where: CE zone, i 4.4 Calculate the percent of VOC for coating, i, or composite percent of VOC for the group of coatings including coating, i, associated with the entire volume of coating, i, or with the total volume of all of the coatings grouped with coating, i, sprayed in the entire spray booth that is captured in the controlled spray booth zone or group of contiguous controlled spray booth zones being tested, using Equation A-6. The volume of coating, i, or of the group of coatings including coating, i, sprayed in the controlled spray booth zone or group of contiguous controlled spray booth zones being tested, and the volume of coating, i, or of the group of coatings including coating, i, sprayed in the entire spray booth may be determined from gun on times and fluid flow rates or from direct measurements of coating usage. Where: CE i V zone, i V booth, i 4.5 If you conduct multiple panel tests for the same coating or same group of coatings in the same spray booth (either because the coating or group of coatings is controlled in non-contiguous zones of the spray booth, or because you choose to conduct separate panel tests for contiguous controlled spray booth zones), then you may add the result from section 4.4 for each such panel test to get the total capture efficiency for the coating or group of coatings over all of the controlled zones in the spray booth for the coating or group of coatings. [69 FR 22623, Apr. 26, 2004, as amended at 85 FR 41137, July 8, 2020; 86 FR 66040, Nov. 19, 2021] Subpart JJJJ—National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating Source: 67 FR 72341, Dec. 4, 2002, unless otherwise noted. What This Subpart Covers § 63.3280 What is in this subpart? This subpart describes the actions you must take to reduce emissions of organic hazardous air pollutants (HAP) from paper and other web coating operations. This subpart establishes emission standards for web coating lines and specifies what you must do to comply if you own or operate a facility with web coating lines that is a major source of HAP. Certain requirements apply to all who are subject to this subpart; others depend on the means you use to comply with an emission standard. § 63.3290 Does this subpart apply to me? The provisions of this subpart apply to each new and existing facility that is a major source of HAP, as defined in § 63.2, at which web coating lines are operated. § 63.3300 Which of my emission sources are affected by this subpart? The affected source subject to this subpart is the collection of all web coating lines at your facility. This includes web coating lines engaged in the coating of metal webs that are used in flexible packaging, and web coating lines engaged in the coating of fabric substrates for use in pressure sensitive tape and abrasive materials. Web coating lines specified in paragraphs (a) through (g) of this section are not part of the affected source of this subpart. (a) Any web coating line that is stand-alone equipment under subpart KK of this part (National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Printing and Publishing Industry) which the owner or operator includes in the affected source under subpart KK. (b) Any web coating line that is a product and packaging rotogravure or wide-web flexographic press under subpart KK of this part (NESHAP for the Printing and Publishing Industry) which is included in the affected source under subpart KK. (c) Web coating in lithography, screenprinting, letterpress, and narrow-web flexographic printing processes. (d) Any web coating line subject to subpart EE of this part (NESHAP for Magnetic Tape Manufacturing Operations). (e) Any web coating line subject to subpart SSSS of this part (NESHAP for Surface Coating of Metal Coil). (f) Any web coating line subject to subpart OOOO of this part (NESHAP for the Printing, Coating, and Dyeing of Fabrics and Other Textiles). This includes any web coating line that coats both a paper or other web substrate and a fabric or other textile substrate, except for a fabric substrate used for pressure sensitive tape and abrasive materials. (g) Any web coating line that is defined as research or laboratory equipment in § 63.3310. (h) Any web coating line that coats both paper or a web, and another substrate such as fabric, may comply with the subpart of this part that applies to the predominant activity conducted on the affected source. Predominant activity for this subpart is 90 percent of the mass of substrate coated during the compliance period. For example, a web coating line that coats 90 percent or more of a paper substrate, and 10 percent or less of a fabric or other textile substrate, would be subject to this subpart and not subpart OOOO of this part. You may use data for any reasonable time period of at least one year in determining the relative amount of coating activity, as long as they are expected to represent the way the source will continue to operate in the future. You must demonstrate and document the predominant activity annually. (i) Any web coating line subject to this part that is modified to include printing activities, may continue to demonstrate compliance with this part, in lieu of demonstrating compliance with subpart KK of this part. Any web coating line with product and packaging rotogravure print station(s) and/or a wide-web flexographic print station(s) that is subject to this subpart may elect to continue demonstrating compliance with this subpart in lieu of subpart KK of this part, if the mass of the materials applied to the line's print station(s) in a month ever exceed 5 percent of the total mass of materials applied onto the line during the same period. (j) If all of the subject web coating lines at your facility utilize non-HAP coatings, you can become exempt from the reporting requirements of this subpart, provided you submit a one-time report as required in § 63.3370(s) to your permitting authority documenting the use of only non-HAP coatings. [67 FR 72341, Dec. 4, 2002, as amended at 71 FR 29805, May 24, 2006; 85 FR 41295, July 9, 2020] § 63.3310 What definitions are used in this subpart? All terms used in this subpart that are not defined in this section have the meaning given to them in the Clean Air Act (CAA) and in subpart A of this part. Always-controlled work station Applied As-applied As-purchased Capture efficiency Capture system Car-seal e.g., Coating material(s) Control device Control device efficiency Day Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during start-up, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Existing affected source Fabric Facility Flexible packaging Formulation data HAP HAP applied Intermittently-controlled work station Metal coil Month Never-controlled work station New affected source Overall organic HAP control efficiency Pressure sensitive tape Research or laboratory equipment de minimis Rewind or cutting station Uncontrolled coating line Unwind or feed station Web e.g., Web coating line Work station [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020] Emission Standards and Compliance Dates § 63.3320 What emission standards must I meet? (a) If you own or operate any affected source that is subject to the requirements of this subpart, you must comply with these requirements on and after the compliance dates as specified in § 63.3330. (b) You must limit organic HAP emissions to the level specified in paragraph (b)(1), (2), (3), or (4) of this section for all periods of operation, including startup, shutdown, and malfunction (SSM). (1) No more than 5 percent of the organic HAP applied for each month (95 percent reduction) at existing affected sources, and no more than 2 percent of the organic HAP applied for each month (98 percent reduction) at new affected sources; or (2) No more than 4 percent of the mass of coating materials applied for each month at existing affected sources, and no more than 1.6 percent of the mass of coating materials applied for each month at new affected sources; or (3) No more than 20 percent of the mass of coating solids applied for each month at existing affected sources, and no more than 8 percent of the coating solids applied for each month at new affected sources. (4) If you use an oxidizer to control organic HAP emissions, operate the oxidizer such that an outlet organic HAP concentration of no greater than 20 parts per million by volume (ppmv) on a dry basis is achieved and the efficiency of the capture system is 100 percent. (c) You must demonstrate compliance with this subpart by following the procedures in § 63.3370. [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020] § 63.3321 What operating limits must I meet? (a) For any web coating line or group of web coating lines for which you use add-on control devices to demonstrate compliance with the emission standards in § 63.3320, unless you use a solvent recovery system and conduct a liquid-liquid material balance, you must meet the operating limits specified in Table 1 to this subpart or according to paragraph (b) of this section. These operating limits apply to emission capture systems and control devices used to demonstrate compliance with this subpart, and you must establish the operating limits during the performance test according to the requirements in § 63.3360(e)(3). You must meet the operating limits at all times after you establish them. (b) If you use an add-on control device other than those listed in Table 1 to this subpart or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41296, July 9, 2020] § 63.3330 When must I comply? (a) For affected sources which commenced construction or reconstruction prior to September 19, 2019, you must comply as follows: (1) Before July 9, 2021, the affected coating operation(s) must be in compliance with the applicable emission limit in § 63.3320 at all times, except during periods of SSM. On and after July 9, 2021, the affected coating operation(s) must be in compliance with the applicable emission limit in § 63.3320 at all times, including periods of SSM. (2) A periodic emissions performance test must be performed by July 9, 2023, or within 60 months of the previous test, whichever is later, and subsequent tests no later than 60 months thereafter, as required in § 63.3360. Performance testing for HAP or VOC destruction efficiency required by state agencies can be used to meet this requirement. (3) After July 9, 2021, you must electronically submit initial notifications, notifications of compliance status, performance evaluation reports, and performance test reports, as required in § 63.3400. Semiannual compliance reports must be submitted electronically for the first full semiannual compliance period after the template has been available in the Compliance and Emissions Data Reporting Interface (CEDRI) for 1 year. (b) For new affected sources which commenced construction or reconstruction after September 19, 2019, you must comply as indicated in paragraphs (b)(1) through (3) of this section. Existing affected sources which have undergone reconstruction as defined in § 63.2 are subject to the requirements for new affected sources. The costs associated with the purchase and installation of air pollution control equipment are not considered in determining whether the existing affected source has been reconstructed. Additionally, the costs of retrofitting and replacing of equipment that is installed specifically to comply with this subpart are not considered reconstruction costs. (1) The coating operation(s) must be in compliance with the applicable emission limit in § 63.3320 at all times, including periods of SSM, starting July 9, 2020, or immediately upon startup, whichever is later. (2) You must complete any initial performance test required in § 63.3360 within the time limits specified in § 63.7(a)(2), and subsequent tests no later than 60 months thereafter. (3) You must electronically submit initial notifications, notifications of compliance status, performance evaluation reports, and performance test reports as required in § 63.3400 starting July 9, 2020, or immediately upon startup, whichever is later. Semiannual compliance reports must be submitted electronically for the first full semiannual compliance period after the template has been available in CEDRI for 1 year. [85 FR 41296, July 9, 2020] General Requirements for Compliance With the Emission Standards and for Monitoring and Performance Tests § 63.3340 What general requirements must I meet to comply with the standards? (a) Before July 9, 2021, for each existing source for which construction or reconstruction commenced on or before September 19, 2019, you must be in compliance with the emission limits and operating limits in this subpart at all times, except during periods of SSM. On and after July 9, 2021, for each such source you must be in compliance with the emission limits and operating limits in this subpart at all times. For new and reconstructed sources for which construction or reconstruction commenced after September 19, 2019, you must be in compliance with the emission limits and operating limits in this subpart at all times, starting July 9, 2020, or immediately upon startup, whichever is later. (b) For affected sources as of September 19, 2019, before July 9, 2021, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after July 9, 2021, for such sources and on July 9, 2020, or immediately upon startup, whichever is later, for new or reconstructed affected sources, you must always operate and maintain your affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (c) You must conduct each performance test required by § 63.3360 according to the requirements in § 63.3360(e)(2) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. You must conduct the performance test under representative operating conditions for the coating operation. Operations during periods of startup, shutdown, and nonoperation do not constitute representative conditions. You may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. Upon request, you shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (2) Representative emission capture system and add-on control device operating conditions. You must conduct the performance test when the emission capture system and add-on control device are operating at a representative flow rate, and the add-on control device is operating at a representative inlet concentration. Representative conditions exclude periods of startup and shutdown. You may not conduct performance tests during periods of malfunction. You must record information that is necessary to document emission capture system and add-on control device operating conditions during the test and explain why the conditions represent normal operation. (d) Table 2 to this subpart specifies the provisions of subpart A of this part that apply if you are subject to subpart JJJJ. [85 FR 41296, July 9, 2020] § 63.3350 If I use a control device to comply with the emission standards, what monitoring must I do? (a) A summary of monitoring you must do follows: If you operate a web coating line, and have the following: Then you must: (1) Intermittently-controlled work stations Record parameters related to possible exhaust flow bypass of control device and to coating use (§ 63.3350(c)). (2) Solvent recovery unit Operate continuous emission monitoring system and perform quarterly audits or determine volatile matter recovered and conduct a liquid-liquid material balance (§ 63.3350(d)). (3) Control Device Operate continuous parameter monitoring system (§ 63.3350(e)). (4) Capture system Monitor capture system operating parameter (§ 63.3350(f)). (b) Following the date on which the initial or periodic performance test of a control device is completed to demonstrate continuing compliance with the standards, you must monitor and inspect each capture system and each control device used to comply with § 63.3320. You must install and operate the monitoring equipment as specified in paragraphs (c) and (f) of this section. (c) Bypass and coating use monitoring. (1) Flow control position indicator. (2) Car-seal or lock-and-key valve closures. (3) Valve closure continuous monitoring. (4) Automatic shutdown system. (d) Solvent recovery unit. (1) Continuous emission monitoring system (CEMS). (i) Measure the total organic volatile matter mass flow rate at both the control device inlet and the outlet such that the reduction efficiency can be determined. Each continuous emission monitor must comply with performance specification 6, 8, or 9 of 40 CFR part 60, appendix B, as appropriate. (ii) You must follow the quality assurance procedures in procedure 1, appendix F of 40 CFR part 60. In conducting the quarterly audits of the monitors as required by procedure 1, appendix F, you must use compounds representative of the gaseous emission stream being controlled. (iii) You must have valid data from at least 90 percent of the hours when the process is operated. Invalid or missing data should be reported as a deviation in the semiannual compliance report. (2) Liquid-liquid material balance. (e) Continuous parameter monitoring system (CPMS). (1) Each CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation to have a valid hour of data. (2) You must have valid data from at least 90 percent of the hours when the process operated. (3) You must determine the hourly average of all recorded readings according to paragraphs (e)(3)(i) and (ii) of this section. (i) To calculate a valid hourly value, you must have at least three of four equally spaced data values from that hour from a continuous monitoring system (CMS) that is not out-of-control. (ii) Provided all of the readings recorded in accordance with paragraph (e)(3) of this section clearly demonstrate continuous compliance with the standard that applies to you, then you are not required to determine the hourly average of all recorded readings. (4) You must determine the block 3-hour average of all recorded readings for each operating period. To calculate the average for each 3-hour averaging period, you must have at least two of three of the hourly averages for that period using only average values that are based on valid data ( i.e., (5) Except for temperature sensors, you must develop a quality control program that must contain, at a minimum, a written protocol that describes the procedures for each of the operations in § 63.3350(e)(5)(i) through (vi). The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator. If the performance evaluation plan is revised, the owner or operator shall keep previous ( i.e., (i) Initial and any subsequent calibration of the continuous monitoring system (CMS); (ii) Determination and adjustment of the calibration drift of the CMS; (iii) Preventative maintenance of the CMS, including spare parts inventory; (iv) Data recording, calculations, and reporting; (v) Accuracy audit procedures, including sampling and analysis methods; and (vi) Program of corrective action for a malfunctioning CMS. (6) You must record the results of each inspection, calibration, and validation check of the CPMS. (7) At all times, you must maintain the monitoring system in proper working order including, but not limited to, maintaining necessary parts for routine repairs of the monitoring equipment. (8) Except for monitoring malfunctions, associated repairs, or required quality assurance or control activities (including calibration checks or required zero and span adjustments), you must conduct all monitoring at all times that the unit is operating. Data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities shall not be used for purposes of calculating the emissions concentrations and percent reductions specified in § 63.3370. You must use all the valid data collected during all other periods in assessing compliance of the control device and associated control system. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. (9) Any averaging period for which you do not have valid monitoring data and such data are required constitutes a deviation, and you must notify the Administrator in accordance with § 63.3400(c). (10) Oxidizer. (i) Install, maintain, and operate temperature monitoring equipment according to the manufacturer's specifications. (ii) For an oxidizer other than a catalytic oxidizer, install, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device must be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Fahrenheit or ±1.8 degrees Fahrenheit, whichever is greater. The temperature sensor must be installed in the combustion chamber at a location in the combustion zone. (iii) For a catalytic oxidizer, install, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device must be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Fahrenheit or ±1.8 degrees Fahrenheit, whichever is greater. The temperature sensor must be installed in the vent stream at the nearest feasible point to the inlet and outlet of the catalyst bed. Calculate the temperature rise across the catalyst. (iv) For temperature sensors, you must develop a quality control program that must contain, at a minimum, a written protocol that describes the procedures for verifying that the temperature sensor is operating properly using at least one of the methods in paragraph (e)(10)(iv)(A), (B), (C), (D), (E), or (F) of this section. The owner or operator shall keep these written procedures on record for the life of the affected source or until the affected source is no longer subject to the provisions of this part, to be made available for inspection, upon request, by the Administrator: (A) Semiannually, compare measured readings to a National Institute of Standards and Technology (NIST) traceable temperature measurement device or simulate a typical operating temperature using a NIST traceable temperature simulation device. When the temperature measurement device method is used, the sensor of the calibrated device must be placed as close as practicable to the process sensor, and both devices must be subjected to the same environmental conditions. The accuracy of the temperature measured must be 2.5 percent of the temperature measured by the NIST traceable device or 5 degrees Fahrenheit whichever is greater. (B) Annually validate the temperature sensor by following applicable mechanical and electrical validation procedures in the manufacturer owner's manual. (C) Annually request the temperature sensor manufacturer to certify or re-certify electromotive force (electrical properties) of the thermocouple. (D) Annually replace the temperature sensor with a new certified temperature sensor in lieu of validation. (E) Permanently install a redundant temperature sensor as close as practicable to the process temperature sensor. The sensors must yield a reading within 2.5 percent of each other for thermal oxidizers and catalytic oxidizers. (F) Permanently install a temperature sensor with dual sensors to account for the possibility of failure. (v) Conduct the validation checks in paragraph (e)(10)(iv)(A), (B), or (C) of this section any time the temperature sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (vi) At least quarterly, inspect temperature sensor components for proper connection and integrity or continuously operate an electronic monitoring system designed to notify personnel if the signal from the temperature sensor is interrupted. (11) Other types of control devices. (f) Capture system monitoring. (1) The monitoring plan must: (i) Identify the operating parameter to be monitored to ensure that the capture efficiency determined during the initial compliance test is maintained; and (ii) Explain why this parameter is appropriate for demonstrating ongoing compliance; and (iii) Identify the specific monitoring procedures. (2) The monitoring plan must specify the operating parameter value or range of values that demonstrate compliance with the emission standards in § 63.3320. The specified operating parameter value or range of values must represent the conditions present when the capture system is being properly operated and maintained. (3) You must conduct all capture system monitoring in accordance with the plan. (4) Any deviation from the operating parameter value or range of values which are monitored according to the plan will be considered a deviation from the operating limit. (5) You must review and update the capture system monitoring plan at least annually. [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41297, July 9, 2020] § 63.3360 What performance tests must I conduct? (a) The performance test methods you must conduct are as follows: If you control organic HAP on any individual web coating You must: (1) Limiting organic HAP or volatile matter content of coatings Determine the organic HAP or volatile matter and coating solids content of coating materials according to procedures in paragraphs (c) and (d) of this section. If applicable, determine the mass of volatile matter retained in the coated web or otherwise not emitted to the atmosphere according to paragraph (g) of this section. (2) Using a capture and control system (i) Initially, conduct a performance test for each capture and control system to determine: The destruction or removal efficiency of each control device other than solvent recovery according to § 63.3360(e), and the capture efficiency of each capture system according to § 63.3360(f). If applicable, determine the mass of volatile matter retained in the coated web or otherwise not emitted to the atmosphere according to § 63.3360(g). (ii) Perform a periodic test once every 5 years for each thermal oxidizer to determine the destruction or removal efficiency according to § 63.3360(e). If applicable, determine the mass of volatile matter retained in the coated web or otherwise not emitted to the atmosphere according to § 63.3360(g). (iii) Either perform a periodic test once every 5 years for each catalytic oxidizer to determine the destruction or removal efficiency according to § 63.3360(e) OR perform a catalyst activity test annually on each catalytic oxidizer to ensure that the catalyst is performing properly according to § 63.3360(e)(3)(ii)(D)(1). If applicable, determine the mass of volatile matter retained in the coated web or otherwise not emitted to the atmosphere according to § 63.3360(g). (b) Control Device. (1) The control device is equipped with continuous emission monitoring systems (CEMS) for determining inlet and outlet total organic volatile matter concentration and meeting the requirements of Performance Specification 6, 8, or 9 in appendix B to 40 CFR part 60 and capture efficiency has been determined in accordance with the requirements of this subpart such that an overall organic HAP control efficiency can be calculated, and the CEMS are used to demonstrate continuous compliance in accordance with § 63.3350; or (2) You have met the requirements of § 63.7(h) (for waiver of performance testing); or (3) The control device is a solvent recovery system and you comply by means of a monthly liquid-liquid material balance. (c) Organic HAP content. (1) Method 311. (i) Include each organic HAP determined to be present at greater than or equal to 0.1 mass percent for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in section A.6.4 of appendix A to 29 CFR 1910.1200 and greater than or equal to 1.0 mass percent for other organic HAP compounds. (ii) Express the mass fraction of each organic HAP you include according to paragraph (c)(1)(i) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (iii) Calculate the total mass fraction of organic HAP in the tested material by summing the counted individual organic HAP mass fractions and truncating the result to three places after the decimal point (for example, 0.763). (2) Method 24. (i) ASTM D1963-85 (Reapproved 1996), (incorporated by reference, see § 63.14); (ii) ASTM D2111-10 (Reapproved 2015), (incorporated by reference, see § 63.14); (iii) ASTM D2369-10 (Reapproved 2015) e (iv) ASTM D2697-03 (Reapproved 2014), (incorporated by reference, see § 63.14); and (v) ASTM D6093-97 (Reapproved 2016), (incorporated by reference, see § 63.14). (3) Formulation data. (4) As-applied organic HAP mass fraction. (d) Volatile organic and coating solids content. (1) Method 24. (2) Formulation data. (3) As-applied volatile organic content and coating solids content. (e) Control device efficiency. (1) Initial performance test. (i) Method 1 or 1A of appendix A-1 to 40 CFR part 60 must be used for sample and velocity traverses to determine sampling locations. (ii) Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR part 60, or Method 2G of appendix A-2 to 40 CFR part 60 must be used to determine gas volumetric flow rate. (iii) Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60 must be used for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981 Part 10, (incorporated by reference, see § 63.14). (iv) Method 4 of appendix A-3 to 40 CFR part 60 must be used to determine stack gas moisture. (v) Methods for determining the gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (vi) Method 25 or 25A of appendix A-7 to 40 CFR part 60 must be used to determine total gaseous organic matter concentration. Use the same test method for both the inlet and outlet measurements which must be conducted simultaneously. You must submit notice of the intended test method to the Administrator for approval along with notification of the performance test required under § 63.7(b). You must use method 25A if any of the conditions described in paragraphs (e)(1)(vi)(A) through (D) of this section apply to the control device. (A) The control device is not an oxidizer. (B) The control device is an oxidizer but an exhaust gas volatile organic matter concentration of 50 ppmv or less is required to comply with the emission standards in § 63.3320; or (C) The control device is an oxidizer but the volatile organic matter concentration at the inlet to the control system and the required level of control are such that they result in exhaust gas volatile organic matter concentrations of 50 ppmv or less; or (D) The control device is an oxidizer but because of the high efficiency of the control device the anticipated volatile organic matter concentration at the control device exhaust is 50 ppmv or less, regardless of inlet concentration. (vii) Except as provided in § 63.7(e)(3), each performance test must consist of three separate runs with each run conducted for at least 1 hour under the conditions that exist when the affected source is operating under normal operating conditions. For the purpose of determining volatile organic compound concentrations and mass flow rates, the average of the results of all the runs will apply. (viii) Volatile organic matter mass flow rates must be determined for each run specified in paragraph (e)(1)(vii) of this section using Equation 1: Where: M f Q sd C c 12.0 = Molecular weight of carbon. 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (ix) For each run, emission control device destruction or removal efficiency must be determined using Equation 2: Where: E = Organic volatile matter control efficiency of the control device, percent. M fi M fo (x) The control device destruction or removal efficiency is determined as the average of the efficiencies determined in the test runs and calculated in Equation 2. (2) Process information. (3) Operating limits. (i) Thermal oxidizer. If your add-on control device is a thermal oxidizer, establish the operating limits according to paragraphs (e)(3)(i)(A) and (B) of this section. (A) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (B) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. Maintain the 3-hour average combustion temperature no more than 50 degrees Fahrenheit lower than this average combustion temperature. (ii) Catalytic oxidizer. If your add-on control device is a catalytic oxidizer, establish the operating limits according to paragraphs (e)(3)(ii)(A) and (B) or paragraphs (e)(3)(ii)(C) and (D) of this section. (A) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (B) Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. Maintain the 3-hour average combustion temperature no more than 50 degrees Fahrenheit lower than this average combustion temperature or maintain the 3-hour average temperature difference across the catalyst bed at no less than 80 percent of this average temperature differential, provided that the minimum temperature is always 50 degrees Fahrenheit above the catalyst's ignition temperature. (C) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (e)(3)(ii)(D) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. Maintain the 3-hour average combustion temperature no more than 50 degrees Fahrenheit lower than this average combustion temperature. (D) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (e)(3)(ii)(C) of this section. The plan must address, at a minimum, the elements specified in paragraphs (e)(3)(ii)(D)(1) through (3) of this section. ( 1 i.e., ( 2 ( 3 (4) Control Destruction Efficiency Curve Development. (f) Capture efficiency. (1) You may assume your capture efficiency equals 100 percent if your capture system is a permanent total enclosure (PTE). You must confirm that your capture system is a PTE by demonstrating that it meets the requirements of section 6 of EPA Method 204 of 40 CFR part 51, appendix M, and that all exhaust gases from the enclosure are delivered to a control device. (2) You may determine capture efficiency according to the protocols for testing with temporary total enclosures that are specified in Methods 204 and 204A through F of 40 CFR part 51, appendix M. You may exclude never-controlled work stations from such capture efficiency determinations. (3) You may use any capture efficiency protocol and test methods that satisfy the criteria of either the Data Quality Objective or the Lower Confidence Limit approach as described in appendix A of subpart KK of this part. You may exclude never-controlled work stations from such capture efficiency determinations. (g) Volatile matter retained in the coated web or otherwise not emitted to the atmosphere. (1) Calculate the mass of volatile organics retained in the coated web or otherwise not emitted for the month from each group of similar products using Equation 3: Where: M vret C vi M i q = Number of different materials added to the coating material. C vij M ij EF i (2) [Reserved] (h) Control devices in series. e.g., [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41298, July 9, 2020; 88 FR 18413, Mar. 29, 2023] Requirements for Showing Compliance § 63.3370 How do I demonstrate compliance with the emission standards? You must demonstrate compliance each month with the emission limitations in § 63.3320(b)(1) through (4). For each monthly demonstration, you may apply any combination of the emission limitations to each of your web coating lines individually, to each of one or more groupings of your lines (including a single grouping encompassing all lines of your affected source), or to any combination of individual and grouped lines, so long as each web coating line is included in the compliance demonstration for the month ( i.e., (a) A summary of how you must demonstrate compliance follows: If you choose to demonstrate Then you must demonstrate that: To accomplish this: (1) Use of “as-purchased” compliant coating materials (i) Each coating material used at an existing affected source does not exceed 0.04 kg organic HAP per kg coating material, and each coating material used at a new affected source does not exceed 0.016 kg organic HAP per kg coating material as-purchased; or Follow the procedures set out in § 63.3370(b). (ii) Each coating material used at an existing affected source does not exceed 0.2 kg organic HAP per kg coating solids, and each coating material used at a new affected source does not exceed 0.08 kg organic HAP per kg coating solids as-purchased Follow the procedures set out in § 63.3370(b). (2) Use of “as-applied” compliant coating materials (i) Each coating material used at an existing affected source does not exceed 0.04 kg organic HAP per kg coating material, and each coating material used at a new affected source does not exceed 0.016 kg organic HAP per kg coating material as-applied; or Follow the procedures set out in § 63.3370(c)(1). Use either Equation 4 or 5 of § 63.3370 to determine compliance with § 63.3320(b)(2) in accordance with § 63.3370(c)(5)(i). (ii) Each coating material used at an existing affected source does not exceed 0.2 kg organic HAP per kg coating solids, and each coating material used at a new affected source does not exceed 0.08 kg organic HAP per kg coating solids as-applied; or Follow the procedures set out in § 63.3370(c)(2). Use Equations 6 and 7 of § 63.3370 to determine compliance with § 63.3320(b)(3) in accordance with § 63.3370(c)(5)(i). (iii) Monthly average of all coating materials used at an existing affected source does not exceed 0.04 kg organic HAP per kg coating material, and monthly average of all coating materials used at a new affected source does not exceed 0.016 kg organic HAP per kg coating material as-applied on a monthly average basis; or Follow the procedures set out in § 63.3370(c)(3). Use Equation 8 of § 63.3370 to determine compliance with § 63.3320(b)(2) in accordance with § 63.3370(c)(5)(ii). (iv) Monthly average of all coating materials used at an existing affected source does not exceed 0.2 kg organic HAP per kg coating solids, and monthly average of all coating materials used at a new affected source does not exceed 0.08 kg organic HAP per kg coating solids as-applied on a monthly average basis Follow the procedures set out in § 63.3370(c)(4). Use Equation 9 of § 63.3370 to determine compliance with § 63.3320(b)(3) in accordance with § 63.3370(c)(5)(ii). (3) Tracking total monthly organic HAP applied Total monthly organic HAP applied does not exceed the calculated limit based on emission limitations Follow the procedures set out in § 63.3370(d). Show that total monthly HAP applied (Equation 10 of § 63.3370) is less than the calculated equivalent allowable organic HAP (Equation 17 or 18 of § 63.3370). (4) Accounting for volatile matter retained in the coated web or otherwise not emitted A site- and product-specific emission factor was appropriately established for the group of products for which the site- and product-specific emission factor was used in the compliance calculations Follow the procedures set out in § 63.3360(g) and § 63.3370(e) (5) Use of a capture system and control device (i) Overall organic HAP control efficiency is equal to 95 percent at an existing affected source and 98 percent at a new affected source on a monthly basis; or oxidizer outlet organic HAP concentration is no greater than 20 ppmv and capture efficiency is 100 percent; or operating parameters are continuously monitored; or Follow the procedures set out in § 63.3370(f) to determine compliance with § 63.3320(b)(1) according to § 63.3370(j) if using a solvent recovery device, or § 63.3370(k) if using a control device and CPMS, or § 63.3370(l) if using an oxidizer. (ii) Overall organic HAP emission rate does not exceed 0.2 kg organic HAP per kg coating solids for an existing affected source or 0.08 kg organic HAP per kg coating solids for a new affected source on a monthly average as-applied basis; Follow the procedures set out in § 63.3370(g) to determine compliance with § 63.3320(b)(3) according to § 63.3370(j) if using a solvent recovery device, or § 63.3370(l) if using an oxidizer. (iii) Overall organic HAP emission rate does not exceed 0.04 kg organic HAP per kg coating material for an existing affected source or 0.016 kg organic HAP per kg coating material for a new affected source on a monthly average as-applied basis; or Follow the procedures set out in § 63.3370(h) to determine compliance with § 63.3320(b)(2) according to § 63.3370(j) if using a solvent recovery device, or § 63.3370(l) if using an oxidizer. (iv) Overall organic HAP emission rate does not exceed the calculated limit based on emission limitations Follow the procedures set out in § 63.3370(i). Show that the monthly organic HAP emission rate is less than the calculated equivalent allowable organic HAP emission rate (Equation 17 or 18 of § 63.3370). Calculate the monthly organic HAP emission rate according to § 63.3370(j) if using a solvent recovery device, or § 63.3370(l) if using an oxidizer. (6) Use of multiple capture and/or control devices (i) Overall organic HAP control efficiency is equal to 95 percent at an existing affected source and 98 percent at a new affected source on a monthly basis; or Follow the procedures set out in § 63.3370(f) to determine compliance with § 63.3320(b)(1) according to § 63.3370(f)(1) or (2). (ii) Average equivalent organic HAP emission rate does not exceed 0.2 kg organic HAP per kg coating solids for an existing affected source or 0.08 kg organic HAP per kg coating solids for a new affected source on a monthly average as-applied basis; or Follow the procedures set out in § 63.3370(g) to determine compliance with § 63.3320(b)(3) according to § 63.3370(o). (iii) Average equivalent organic HAP emission rate does not exceed 0.04 kg organic HAP per kg coating material for an existing affected source or 0.016 kg organic HAP per kg coating material for a new affected source on a monthly average as-applied basis; or Follow the procedures set out in § 63.3370(h) to determine compliance with § 63.3320(b)(2) according to § 63.3370(o). (iv) Average equivalent organic HAP emission rate does not exceed the calculated limit based on emission limitations Follow the procedures set out in § 63.3370(i). Show that the monthly organic HAP emission rate is less than the calculated equivalent allowable organic HAP emission rate (Equation 17 or 18 of § 63.3370) according to § 63.3370(o). (7) Use of a combination of compliant coatings and control devices (i) Average equivalent organic HAP emission rate does not exceed 0.2 kg organic HAP per kg coating solids for an existing affected source or 0.08 kg organic HAP per kg coating solids for a new affected source on a monthly average as-applied basis; or Follow the procedures set out in § 63.3370(g) to determine compliance with § 63.3320(b)(3) according to § 63.3370(o). (ii) Average equivalent organic HAP emission rate does not exceed 0.04 kg organic HAP per kg coating material for an existing affected source or 0.016 kg organic HAP per kg coating material for a new affected source on a monthly average as-applied basis; or Follow the procedures set out in § 63.3370(h) to determine compliance with § 63.3320(b)(2) according to § 63.3370(o). (iii) Average equivalent organic HAP emission rate does not exceed the calculated limit based on emission limitations Follow the procedures set out in § 63.3370(i). Show that the monthly organic HAP emission rate is less than the calculated equivalent allowable organic HAP emission rate (Equation 17 or 18 of § 63.3370) according to § 63.3370(o). (8) Use of non-HAP coatings All coatings for all coating lines at an affected source have organic HAP contents below 0.1 percent by mass for OSHA-defined carcinogens as specified in section A.6.4 of appendix A to 29 CFR 1910.1200, and below 1.0 percent by mass for other organic HAP compounds Follow the procedures set out in § 63.3370(s). (b) As-purchased “compliant” coating materials. (2) You are in compliance with emission standards in § 63.3320(b)(2) and (3) if each coating material applied at an existing affected source is applied as-purchased and contains no more than 0.04 kg organic HAP per kg coating material or 0.2 kg organic HAP per kg coating solids, and each coating material applied at a new affected source is applied as-purchased and contains no more than 0.016 kg organic HAP per kg coating material or 0.08 kg organic HAP per kg coating solids. (c) As-applied “compliant” coating materials. (1) Each coating material as-applied meets the mass fraction of coating material standard (§ 63.3320(b)(2)). (i) Determine the organic HAP content or volatile organic content of each coating material applied on an as-purchased basis in accordance with § 63.3360(c). (ii) Calculate the as-applied organic HAP content of each coating material using Equation 4: Where: C ahi C hi M i q = number of different materials added to the coating material. C hij M ij Where: C avi C vi M i q = Number of different materials added to the coating material. C vij M ij (2) Each coating material as-applied meets the mass fraction of coating solids standard (§ 63.3320(b)(3)). (i) Determine the as-applied coating solids content of each coating material following the procedure in § 63.3360(d). You must calculate the as-applied coating solids content of coating materials which are reduced, thinned, or diluted prior to application, using Equation 6: Where: C si M i q = Number of different materials added to the coating material. C sij M ij (ii) Calculate the as-applied organic HAP to coating solids ratio using Equation 7: Where: H si C ahi C asi (3) Monthly average organic HAP content of all coating materials as-applied is less than the mass percent limit (§ 63.3320(b)(2)). Where: H L p = Number of different coating materials applied in a month. C hi M i q = Number of different materials added to the coating material. C hij M ij M vret (4) Monthly average organic HAP content of all coating materials as-applied is less than the mass fraction of coating solids limit (§ 63.3320(b)(3)). Where: H s p = Number of different coating materials applied in a month. C hi M i q = Number of different materials added to the coating material. C hij M ij M vret C si C sij (5) The affected source is in compliance with emission standards in § 63.3320(b)(2) or (3) if: (i) The organic HAP content of each coating material as-applied at an existing affected source is no more than 0.04 kg organic HAP per kg coating material or 0.2 kg organic HAP per kg coating solids, and the organic HAP content of each coating material as-applied at a new affected source contains no more than 0.016 kg organic HAP per kg coating material or 0.08 kg organic HAP per kg coating solids; or (ii) The monthly average organic HAP content of all as-applied coating materials at an existing affected source are no more than 0.04 kg organic HAP per kg coating material or 0.2 kg organic HAP per kg coating solids, and the monthly average organic HAP content of all as-applied coating materials at a new affected source is no more than 0.016 kg organic HAP per kg coating material or 0.08 kg organic HAP per kg coating solids. (d) Monthly allowable organic HAP applied. Where: H m p = Number of different coating materials applied in a month. C hi M i q = Number of different materials added to the coating material. C hij M ij M vret (e) Accounting for volatile matter retained in the coated web or otherwise not emitted. (f) Capture and control to reduce emissions to no more than allowable limit (§ 63.3320(b)(1)). (1) If the affected source has only always-controlled work stations and operates more than one capture system or more than one control device, you must demonstrate compliance in accordance with the provisions of either paragraph (o) or (q) of this section. (2) If the affected source operates one or more never-controlled work stations or one or more intermittently-controlled work stations, you must demonstrate compliance in accordance with the provisions of paragraph (o) of this section. (3) An alternative method of demonstrating compliance with § 63.3320(b)(1) is the installation of a PTE around the web coating line that achieves 100 percent capture efficiency and ventilation of all organic HAP emissions from the total enclosure to an oxidizer with an outlet organic HAP concentration of no greater than 20 ppmv on a dry basis. If this method is selected, you must demonstrate compliance by following the procedures in paragraphs (f)(3)(i) and (ii) of this section. Compliance is determined according to paragraph (f)(3)(iii) of this section. (i) Demonstrate that a total enclosure is installed. An enclosure that meets the requirements in § 63.3360(f)(1) will be considered a total enclosure. (ii) Determine the organic HAP concentration at the outlet of your total enclosure using the procedures in paragraph (f)(3)(ii)(A) or (B) of this section. (A) Determine the control device efficiency using Equation 2 of § 63.3360 and the applicable test methods and procedures specified in § 63.3360(e). (B) Use a CEMS to determine the organic HAP emission rate according to paragraphs (j)(2)(i) through (x) of this section. (iii) You are in compliance if the installation of a total enclosure is demonstrated and the organic HAP concentration at the outlet of the incinerator is demonstrated to be no greater than 20 ppmv on a dry basis. (g) Capture and control to achieve mass fraction of coating solids applied limit (§ 63.3320(b)(3)). (h) Capture and control to achieve mass fraction limit (§ 63.3320(b)(2)). (i) Capture and control to achieve allowable emission rate. (j) Solvent recovery device compliance demonstration. (1) Liquid-liquid material balance. (i) Determine the mass of each coating material applied on the web coating line or group of web coating lines controlled by a common solvent recovery device during the month. (ii) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied, organic HAP emission rate based on coating material applied, or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each coating material as-applied during the month following the procedure in § 63.3360(c). (iii) Determine the volatile organic content of each coating material as-applied during the month following the procedure in § 63.3360(d). (iv) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied or emission of less than the calculated allowable organic HAP, determine the coating solids content of each coating material applied during the month following the procedure in § 63.3360(d). (v) Determine and monitor the amount of volatile organic matter recovered for the month according to the procedures in § 63.3350(d). (vi) Recovery efficiency. Where: R v M vr M vret p = Number of different coating materials applied in a month. C vi M i q = Number of different materials added to the coating material. C vij M ij (vii) Organic HAP emitted. Where: H e R v p = Number of different coating materials applied in a month. C hi M i q = Number of different materials added to the coating material. C hij M ij M vret (viii) Organic HAP emission rate based on coating solids applied. Where: L = Mass organic HAP emitted per mass of coating solids applied, kg/kg. H e p = Number of different coating materials applied in a month. C si M i q = Number of different materials added to the coating material. C sij M ij (ix) Organic HAP emission rate based on coating materials applied. Where: S = Mass organic HAP emitted per mass of material applied, kg/kg. H e p = Number of different coating materials applied in a month. M i q = Number of different materials added to the coating material. M ij (x) You are in compliance with the emission standards in § 63.3320(b) if: (A) The volatile organic matter collection and recovery efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (B) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (C) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (D) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (2) Continuous emission monitoring of capture system and control device performance. (i) Control device efficiency. e.g., (ii) Capture efficiency monitoring. (iii) Determine the percent capture efficiency in accordance with § 63.3360(f). (iv) Control efficiency. Where: R = Overall organic HAP control efficiency, percent. E = Organic volatile matter control efficiency of the control device, percent. CE = Organic volatile matter capture efficiency of the capture system, percent. (v) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied, organic HAP emission rate based on coating materials applied, or emission of less than the calculated allowable organic HAP, determine the mass of each coating material applied on the web coating line or group of web coating lines controlled by a common control device during the month. (vi) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied, organic HAP emission rate based on coating material applied, or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each coating material as-applied during the month following the procedure in § 63.3360(c). (vii) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied or emission of less than the calculated allowable organic HAP, determine the coating solids content of each coating material as-applied during the month following the procedure in § 63.3360(d). (viii) Organic HAP emitted. Where: H e R = Overall organic HAP control efficiency, percent. p = Number of different coating materials applied in a month. C ahi M i M vret (ix) Organic HAP emission rate based on coating solids applied. (x) Organic HAP emission rate based on coating materials applied. (xi) Compare actual performance to the performance required by compliance option. (A) The organic volatile matter collection and recovery efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (B) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (C) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (D) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (k) Capture and control system compliance demonstration procedures using a CPMS. (1) Determine the control device destruction or removal efficiency using the applicable test methods and procedures in § 63.3360(e). (2) Determine the emission capture efficiency in accordance with § 63.3360(f). (3) Whenever a web coating line is operated, continuously monitor the operating parameters established according to § 63.3350(e) and (f). (4) No operating limit deviations. (i) The overall organic HAP control efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (ii) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (iii) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (iv) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (5) Operating limit deviations. (i) The overall organic HAP control efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (ii) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (iii) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (iv) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (l) Oxidizer compliance demonstration procedures. (1) Demonstrate initial compliance through performance tests of capture efficiency and control device efficiency and continuing compliance through continuous monitoring of capture system and control device operating parameters as specified in paragraphs (l)(1)(i) through (vi) of this section: (i) Determine the oxidizer destruction efficiency using the procedure in § 63.3360(e). (ii) Determine the capture system capture efficiency in accordance with § 63.3360(f). (iii) Capture and control efficiency monitoring. (iv) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied, organic HAP emission rate based on coating materials applied, or emission of less than the calculated allowable organic HAP, determine the mass of each coating material applied on the web coating line or group of web coating lines controlled by a common oxidizer during the month. (v) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied, organic HAP emission rate based on coating material applied, or emission of less than the calculated allowable organic HAP, determine the organic HAP content of each coating material as-applied during the month following the procedure in § 63.3360(c). (vi) If demonstrating compliance on the basis of organic HAP emission rate based on coating solids applied or emission of less than the calculated allowable organic HAP, determine the coating solids content of each coating material applied during the month following the procedure in § 63.3360(d). (2) Convert the information obtained under paragraph (q)(1) of this section into the units of the selected compliance option using the calculation procedures specified in paragraphs (l)(2)(i) through (iv) of this section. (i) Control efficiency. (ii) Organic HAP emitted. (iii) Organic HAP emission rate based on coating solids applied. (iv) Organic HAP emission rate based on coating materials applied. (3) No operating limit deviations. (i) The overall organic HAP control efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (ii) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (iii) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (iv) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (4) Operating limit deviations. (i) The overall organic HAP control efficiency is 95 percent or greater at an existing affected source and 98 percent or greater at a new affected source; or (ii) The organic HAP emission rate based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (iii) The organic HAP emission rate based on coating material applied is no more than 0.04 kg organic HAP per kg coating material applied at an existing affected source and no more than 0.016 kg organic HAP per kg coating material applied at a new affected source; or (iv) The organic HAP emitted during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section. (m) Monthly allowable organic HAP emissions. (1) Determine the as-purchased mass of each coating material applied each month. (2) Determine the as-purchased coating solids content of each coating material applied each month in accordance with § 63.3360(d)(1). (3) Determine the as-purchased mass fraction of each coating material which was applied at 20 mass percent or greater coating solids content on an as-applied basis. (4) Determine the total mass of each solvent, diluent, thinner, or reducer added to coating materials which were applied at less than 20 mass percent coating solids content on an as-applied basis each month. (5) Calculate the monthly allowable organic HAP emissions using Equation 17 for an existing affected source: Where: H a p = Number of different coating materials applied in a month. M i G i C si q = Number of different materials added to the coating material. M Lj or Equation 18 for a new affected source: Where: H a p = Number of different coating materials applied in a month. M i G i C si q = Number of different materials added to the coating material. M Lj (n) [Reserved] (o) Combinations of capture and control. (1) Solvent recovery system using liquid-liquid material balance compliance demonstration. (i) In accordance with paragraphs (j)(1)(i) through (iii) and (v) through (vii) of this section, if the web coating lines controlled by that solvent recovery system have only always-controlled work stations; or (ii) In accordance with paragraphs (j)(1)(ii), (iii), (v), and (vi) and (p) of this section, if the web coating lines controlled by that solvent recovery system have one or more never-controlled or intermittently-controlled work stations. (2) Solvent recovery system using performance test compliance demonstration and CEMS. (i) For each capture system delivering emissions to that solvent recovery system, monitor the operating parameter established in accordance with § 63.3350(f) to ensure capture system efficiency; and (ii) Determine the organic HAP emissions for those web coating lines served by each capture system delivering emissions to that solvent recovery system either: (A) In accordance with paragraphs (j)(2)(i) through (iii), (v), (vi), and (viii) of this section, if the web coating lines served by that capture and control system have only always-controlled work stations; or (B) In accordance with paragraphs (j)(2)(i) through (iii), (vi), and (p) of this section, if the web coating lines served by that capture and control system have one or more never-controlled or intermittently-controlled work stations. (3) Oxidizer. (i) Monitor the operating parameter in accordance with § 63.3350(e) to ensure control device efficiency; and (ii) For each capture system delivering emissions to that oxidizer, monitor the operating parameter established in accordance with § 63.3350(f) to ensure capture efficiency; and (iii) Determine the organic HAP emissions for those web coating lines served by each capture system delivering emissions to that oxidizer either: (A) In accordance with paragraphs (l)(1)(i) through (vi) of this section, if the web coating lines served by that capture and control system have only always-controlled work stations; or (B) In accordance with paragraphs (l)(1)(i) through (iii), (v), and (p) of this section, if the web coating lines served by that capture and control system have one or more never-controlled or intermittently-controlled work stations. (4) Uncontrolled coating lines. (5) Convert the information obtained under paragraphs (o)(1) through (4) of this section into the units of the selected compliance option using the calculation procedures specified in paragraphs (o)(5)(i) through (iv) of this section. (i) Organic HAP emitted. (ii) Coating solids applied. (iii) Organic HAP emission rate based on coating solids applied. (iv) Organic HAP based on materials applied. (6) Compliance. (i) The total mass of organic HAP emitted by the affected source based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (ii) The total mass of organic HAP emitted by the affected source based on material applied is no more than 0.04 kg organic HAP per kg material applied at an existing affected source and no more than 0.016 kg organic HAP per kg material applied at a new affected source; or (iii) The total mass of organic HAP emitted by the affected source during the month is less than the calculated allowable organic HAP as determined using paragraph (m) of this section; or (iv) The total mass of organic HAP emitted by the affected source was not more than 5 percent of the total mass of organic HAP applied for the month at an existing affected source and no more than 2 percent of the total mass of organic HAP applied for the month at a new affected source. The total mass of organic HAP applied by the affected source in the month must be determined using Equation 10. (p) Intermittently-controlled and never-controlled work stations. (1) Determine the sum of the mass of all coating materials as-applied on intermittently-controlled work stations operating in bypass mode and the mass of all coating materials as-applied on never-controlled work stations during the month. (2) Determine the sum of the mass of all coating materials as-applied on intermittently-controlled work stations operating in a controlled mode and the mass of all coating materials applied on always-controlled work stations during the month. (3) Liquid-liquid material balance compliance demonstration. Where: H e p = Number of different coating materials applied in a month. M ci C ahi R v M Bi C ahi M vret (4) Performance test to determine capture efficiency and control device efficiency. Where: H e p = Number of different coating materials applied in a month. M ci C ahi R = Overall organic HAP control efficiency, percent. M Bi C ahi M vret (q) Always-controlled work stations with more than one capture and control system. (1) The volatile matter collection and recovery efficiency as determined by paragraphs (j)(1)(i), (iii), (v), and (vi) of this section is at least 95 percent at an existing affected source and at least 98 percent at a new affected source; or (2) The overall organic HAP control efficiency as determined by paragraphs (j)(2)(i) through (iv) of this section for each web coating line or group of web coating lines served by that control device and a common capture system is at least 95 percent at an existing affected source and at least 98 percent at a new affected source; or (3) The overall organic HAP control efficiency as determined by paragraphs (l)(1)(i) through (iii) and (l)(2)(i) of this section for each web coating line or group of web coating lines served by that control device and a common capture system is at least 95 percent at an existing affected source and at least 98 percent at a new affected source. (r) Mass-balance approach. (1) Separately for each individual/grouping(s) of lines, you must sum the mass of organic HAP emitted during the month and divide by the corresponding total mass of all organic HAP applied on the lines, or total mass of coating materials applied on the lines, or total mass of coating solids applied on the lines, for the same period, in accordance with the emission limitation that you have elected at § 63.3320(b)(1) through (3) for the month's demonstration. You may also choose to use volatile organic content as a surrogate for organic HAP for the compliance demonstration in accordance with § 63.3360(d). You are required to include all emissions and inputs that occur during periods that each line or grouping of lines operates in accordance with the applicability criteria in § 63.3300. (2) You must include all of the organic HAP emitted by your individual/grouping(s) of lines, as follows. (i) You must record the mass of organic HAP or volatile organic content utilized at all work stations of all of your individually/grouping(s) of lines. You must additionally record the mass of all coating materials applied at these work stations if you are demonstrating compliance for the month with the emission limitation at § 63.3320(b)(2) (the “coating materials” option). You must additionally record the mass of all coating solids applied at these work stations if you are demonstrating compliance for the month with the emission limitation at § 63.3320(b)(3) (the “coating solids” option). (ii) You must assume that all of the organic HAP input to all never-controlled work stations is emitted, unless you have determined an emission factor in accordance with § 63.3360(g). (iii) For all always-controlled work stations, you must assume that all of the organic HAP or volatile organic content is emitted, less the reductions provided by the corresponding capture system and control device, in accordance with the most recently measured capture and destruction efficiencies, or in accordance with the measured mass of volatile organic compounds (VOC) recovered for the month ( e.g., (iv) For all intermittently-controlled work stations, you must assume that all of the organic HAP or volatile organic content is emitted during periods of no control. During periods of control, you must assume that all of the organic HAP or volatile organic content is emitted, less the reductions provided by the corresponding capture system and control device, in accordance with the most recently measured capture and destruction efficiencies, or in accordance with the measured mass of VOC recovered for the month ( e.g., (v) You must record the organic HAP or volatile organic content input to all work stations of your individual/grouping(s) of lines and the mass of coating materials and/or solids applied, if applicable, and determine corresponding emissions during all periods of operation, including malfunctions or startups and shutdowns of any web coating line or control device. (3) You are in compliance with the emission standards in § 63.3320(b) if each of your individual/grouping(s) of lines, meets one of the requirements in paragraphs (r)(3)(i) through (iii) of this section, as applicable. If operating parameter limit deviations occurred, including periods that the oxidizer control device(s), if any, operated at an average combustion temperature more than 50 degrees Fahrenheit below the temperature established in accordance with § 63.3360(e), or the 3-hour average temperature difference across the catalyst bed at no less than 80 percent of this average temperature differential and the catalytic oxidizer maintained a minimum temperature 50 degrees Fahrenheit above the catalyst's ignition temperature, you are in compliance with the emission standards in § 63.3320(b) for the month, if assuming no control of emissions for each 3-hour deviation period (or in accordance with an alternate approved method), one of the requirements in paragraphs (r)(3)(i) through (iii) of this section was met. (i) The total mass of organic HAP emitted by the affected source based on HAP applied is no more than 0.05 kg organic HAP per kg HAP applied at an existing affected source and no more than 0.02 kg organic HAP per kg HAP applied at a new affected source; or (ii) The total mass of organic HAP emitted by the affected source based on coating solids applied is no more than 0.20 kg organic HAP per kg coating solids applied at an existing affected source and no more than 0.08 kg organic HAP per kg coating solids applied at a new affected source; or (iii) The total mass of organic HAP emitted by the affected source based on material applied is no more than 0.04 kg organic HAP per kg material applied at an existing affected source and no more than 0.016 kg organic HAP per kg material applied at a new affected source. (s) Non-HAP coating. (1) Determine the organic HAP mass fraction of each coating material “as purchased” by following one of the procedures in paragraphs § 63.3360(c)(1) through (3) and determine the organic HAP mass fraction of each coating material “as applied” by following the procedures in paragraph § 63.3360(c)(4). (2) Submit to your permitting authority a report certifying that all coatings applied at all of the web coating lines at your effected source are non-HAP coatings. (3) Maintain records of coating formulations used as required in § 63.3410(a)(1)(iii). (4) Resume reporting requirements if any of the coating formulations are modified to exceed the thresholds in § 63.3370(s) or new coatings which exceed the thresholds in paragraph (s) of this section are used. [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41301, July 9, 2020] Notifications, Reports, and Records § 63.3400 What notifications and reports must I submit? (a) Reports. (b) Initial notifications. (1) Initial notification for existing affected sources must be submitted no later than 1 year before the compliance date specified in § 63.3330(a), or no later than 120 days after the source becomes subject to this subpart, whichever is later. (2) Initial notification for new and reconstructed affected sources must be submitted as required by § 63.9(b). (3) For the purpose of this subpart, a title V or part 70 permit application may be used in lieu of the initial notification required under § 63.9(b), provided the same information is contained in the permit application as required by § 63.9(b) and the State to which the permit application has been submitted has an approved operating permit program under part 70 of this chapter and has received delegation of authority from the EPA to implement and enforce this subpart. (4) If you are using a permit application in lieu of an initial notification in accordance with paragraph (b)(3) of this section, the permit application must be submitted by the same due date specified for the initial notification. (c) You must submit a semiannual compliance report according to paragraphs (c)(1) and (2) of this section. (1) Compliance report dates. (i) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.3330 and ending on June 30 or December 31, whichever date is the first date following the end of the calendar half immediately following the compliance date that is specified for your affected source in § 63.3330. (ii) The first compliance report is due no later than July 31 or January 31, whichever date follows the end of the calendar half immediately following the compliance date that is specified for your affected source in § 63.3330. Prior to the electronic template being available in CEDRI for one year, the report must be postmarked or delivered by the aforementioned dates. After the electronic template has been available in CEDRI for 1 year, the next full report must be submitted electronically as described in paragraph (h) of this section. (iii) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iv) Each subsequent compliance report must be submitted electronically no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (v) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and the permitting authority has established dates for submitting semiannual reports pursuant to § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (c)(1)(i) through (iv) of this section. (2) Compliance report contents. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature certifying the accuracy of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. (iv) If there are no deviations from any emission limitations (emission limit or operating limit) that apply to you, a statement that there were no deviations from the emission limitations during the reporting period, and that no CMS was inoperative, inactive, malfunctioning, out-of-control, repaired, or adjusted. (v) For each deviation from an emission limitation (emission limit or operating limit) that applies to you and that occurs at an affected source where you are not using a CMS to comply with the emission limitations in this subpart, the compliance report must contain the following information: (A) The total operating time of the web coating line(s) during the reporting period. (B) Information on the number, duration, and cause of deviations (including unknown cause), if applicable, and the corrective action taken. (C) An estimate of the quantity of each regulated pollutant emitted over the emission limits in § 63.3320 for each monthly period covered in the report if the source failed to meet an applicable emission limit of this subpart. (vi) For each deviation from an emission limit occurring at an affected source where you are using a CEMS or CPMS to comply with the emission limit in this subpart, you must include the following information: (A) The total operating time of the web coating line(s) during the reporting period. (B) The date and time that each CEMS and CPMS, if applicable, was inoperative except for zero (low-level) and high-level checks. (C) The date and time that each CEMS and CPMS, if applicable, was out-of-control, including the information in § 63.8(c)(8). (D) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (E) A summary of the total duration (in hours) of each deviation during the reporting period and the total duration of each deviation as a percent of the total source operating time during that reporting period. (F) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (G) A summary of the total duration (in hours) of CEMS and/or CPMS downtime during the reporting period and the total duration of CEMS and/or CPMS downtime as a percent of the total source operating time during that reporting period. (H) A breakdown of the total duration of CEMS and/or CPMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, non-monitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes. (I) The date of the latest CEMS and/or CPMS certification or audit. (J) A description of any changes in CEMS, CPMS, or controls since the last reporting period. (K) An estimate of the quantity of each regulated pollutant emitted over the emission limits in § 63.3320 for each monthly period covered in the report if the source failed to meet an applicable emission limit of this subpart. (d) You must submit a Notification of Performance Tests as specified in §§ 63.7 and 63.9(e) if you are complying with the emission standard using a control device and you are required to conduct a performance test of the control device. This notification and the site-specific test plan required under § 63.7(c)(2) must identify the operating parameters to be monitored to ensure that the capture efficiency of the capture system and the control efficiency of the control device determined during the performance test are maintained. Unless EPA objects to the parameter or requests changes, you may consider the parameter approved. (e) Notification of Compliance Status. (f) Performance test reports. (1) Data collected using test methods supported by EPA's Electronic Reporting Tool (ERT) as listed on EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/). (2) Data collected using test methods that are not supported by EPA's ERT as listed on EPA's ERT website at the time of the test. (3) Confidential business information (CBI). (g) Performance evaluation reports. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by EPA's ERT as listed on EPA's ERT website at the time of the evaluation. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by EPA's ERT as listed on EPA's ERT website at the time of the evaluation. (3) Confidential business information (CBI). (h) Electronic reporting. https://cdx.epa.gov/). https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri) (i) Extension for CDX/CEDRI outage. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (j) Extension for force majeure events. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. (k) SSM reports. (1) If actions taken by an owner or operator during a startup, shutdown, or malfunction of an affected source (including actions taken to correct a malfunction) are not consistent with the procedures specified in the affected source's SSMP required by § 63.6(e)(3), the owner or operator must state such information in the report. The startup, shutdown, or malfunction report must consist of a letter containing the name, title, and signature of the responsible official who is certifying its accuracy and must be submitted to the Administrator. (2) Separate startup, shutdown, and malfunction reports are not required if the information is included in the report specified in paragraph (c)(2)(vi) of this section. [67 FR 72341, Dec. 4, 2002, as amended at 85 FR 41313, July 9, 2020; 85 FR 73905, Nov. 19, 2020] § 63.3410 What records must I keep? (a) Each owner or operator of an affected source subject to this subpart must maintain the records specified in paragraphs (a)(1) and (2) of this section on a monthly basis in accordance with the requirements of § 63.10(b)(1): (1) Records specified in § 63.10(b)(2) of all measurements needed to demonstrate compliance with this standard as indicated in Table 2 to subpart JJJJ of part 63, including: (i) Continuous emission monitor data in accordance with the requirements of § 63.3350(d); (ii) Control device and capture system operating parameter data in accordance with the requirements of § 63.3350(c), (e), and (f); (iii) Organic HAP content data for the purpose of demonstrating compliance in accordance with the requirements of § 63.3360(c); (iv) Volatile matter and coating solids content data for the purpose of demonstrating compliance in accordance with the requirements of § 63.3360(d); (v) Overall control efficiency determination using capture efficiency and control device destruction or removal efficiency test results in accordance with the requirements of § 63.3360(e) and (f); (vi) Material usage, organic HAP usage, volatile matter usage, and coating solids usage and compliance demonstrations using these data in accordance with the requirements of § 63.3370(b), (c), and (d); and (vii) Emission factor development calculations and HAP content for coating materials used to develop the emission factor as needed for § 63.3360(g). (2) Records specified in § 63.10(c) for each CMS operated by the owner or operator in accordance with the requirements of § 63.3350(b), as indicated in Table 2 to subpart JJJJ of part 63. (b) Each owner or operator of an affected source subject to this subpart must maintain records of all liquid-liquid material balances performed in accordance with the requirements of § 63.3370. The records must be maintained in accordance with the applicable requirements of § 63.10(b). (c) For each deviation from an operating limit occurring at an affected source, you must record the following information. (1) The total operating time the web coating line(s) controlled by the corresponding add-on control device and/or emission capture system during the reporting period. (2) Date, time, duration, and cause of the deviations. (3) If the facility determines by its monthly compliance demonstration, in accordance with § 63.3370, as applicable, that the source failed to meet an applicable emission limit of this subpart, you must record the following for the corresponding affected equipment: (i) Record an estimate of the quantity of HAP (or VOC if used a surrogate in accordance with § 63.3360(d)) emitted in excess of the emission limit for the month, and a description of the method used to estimate the emissions. (ii) Record actions taken to minimize emissions in accordance with § 63.3340(a), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (d) Records of results from the annual catalyst activity test, if applicable. (e) Any records required to be maintained by this part that are submitted electronically via EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [85 FR 41316, July 9, 2020] Delegation of Authority § 63.3420 What authorities may be delegated to the States? (a) In delegating implementation and enforcement authority to a state, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (b) of this section must be retained by the EPA Administrator and not transferred to a state, local, or tribal agency. (b) Authority which will not be delegated to state, local, or tribal agencies are listed in paragraphs (b)(1) and (2) of this section: (1) Approval of alternate test method for organic HAP content determination under § 63.3360(c). (2) Approval of alternate test method for volatile matter determination under § 63.3360(d). [85 FR 41316, July 9, 2020] Table 1 to Subpart JJJJ of Part 63—Operating Limits if Using Add-On Control Devices and Capture System If you are required to comply with operating limits by § 63.3321, you must comply with the applicable operating limits in the following table: For the following device: You must meet the following operating limit: And you must demonstrate continuous compliance with operating limits by: 1. Thermal oxidizer a. The average combustion temperature in any 3-hour period must not fall more than 50 °F below the combustion temperature limit established according to § 63.3360(e)(3)(i) i. Collecting the combustion temperature data according to § 63.3350(e)(10); iii. Maintain the 3-hour average combustion temperature at or above the temperature limit. 2. Catalytic oxidizer a. The average temperature at the inlet to the catalyst bed in any 3-hour period must not fall more than 50 degrees Fahrenheit below the combustion temperature limit established according to § 63.3360(e)(3)(ii) i. Collecting the catalyst bed inlet temperature data according to § 63.3350(e)(10); b. The temperature rise across the catalyst bed must not fall below 80 percent of the limit established according to § 63.3360(e)(3)(ii), provided that the minimum temperature is always 50 degrees Fahrenheit above the catalyst's ignition temperature i. Collecting the catalyst bed inlet and outlet temperature data according to § 63.3350(e)(10); 3. Emission capture system Submit monitoring plan to the Administrator that identifies operating parameters to be monitored according to § 63.3350(f) Conduct monitoring according to the plan (§ 63.3350(f)(3)). [85 FR 41316, July 9, 2020] Table 2 to Subpart JJJJ of Part 63—Applicability of 40 CFR Part 63 General Provisions to Subpart JJJJ You must comply with the applicable General Provisions requirements according to the following table: General provisions reference Applicable to subpart JJJJ Explanation § 63.1(a)(1)-(4) Yes § 63.1(a)(5) No Reserved. § 63.1(a)(6)-(8) Yes § 63.1(a)(9) No Reserved. § 63.1(a)(10)-(14) Yes § 63.1(b)(1) No Subpart JJJJ specifies applicability. § 63.1(b)(2)-(3) Yes § 63.1(c)(1) Yes § 63.1(c)(2) No Area sources are not subject to emission standards of subpart JJJJ. § 63.1(c)(3) No Reserved. § 63.1(c)(4) Yes § 63.1(c)(5) Yes § 63.1(c)(6) Yes § 63.1(d) No Reserved. § 63.1(e) Yes § 63.2 Yes Additional definitions in subpart JJJJ. § 63.3(a)-(c) Yes § 63.4(a)(1)-(3) Yes § 63.4(a)(4) No Reserved. § 63.4(a)(5) Yes § 63.4(b)-(c) Yes § 63.5(a)(1)-(2) Yes § 63.5(b)(1) Yes § 63.5(b)(2) No Reserved. § 63.5(b)(3)-(6) Yes § 63.5(c) No Reserved. § 63.5(d) Yes § 63.5(e) Yes § 63.5(f) Yes § 63.6(a) Yes Applies only when capture and control system is used to comply with the standard. § 63.6(b)(1)-(5) No § 63.3330 specifies compliance dates. § 63.6(b)(6) No Reserved. § 63.6(b)(7) Yes § 63.6(c)(1)-(2) Yes § 63.6(c)(3)-(4) No Reserved. § 63.6(c)(5) Yes § 63.6(d) No Reserved. § 63.6(e)(1)(i) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019, see § 63.3340(a) for general duty requirement. Yes, for all other affected sources before July 9, 2021, and No thereafter, see § 63.3340(a) for general duty requirement. § 63.6(e)(1)(ii) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.6(e)(1)(iii) Yes § 63.6(e)(2) No Reserved. § 63.6(e)(3) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.6(f)(1) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.6(f)(2)-(3) Yes § 63.6(g) Yes § 63.6(h) No Subpart JJJJ does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(14) Yes § 63.6(i)(15) No Reserved. § 63.6(i)(16) Yes § 63.6(j) Yes § 63.7(a)-(d) Yes § 63.7(e)(1) No See § 63.3360(e)(2). § 63.7(e)(2)-(3) Yes § 63.7(f)-(h) Yes § 63.8(a)(1)-(2) Yes § 63.8(a)(3) No Reserved. § 63.8(a)(4) No Subpart JJJJ does not have monitoring requirements for flares. § 63.8(b) Yes § 63.8(c)(1) and § 63.8(c)(1)(i) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019, see § 63.3340(a) for general duty requirement. Yes, for all other affected sources before July 9, 2021, and No thereafter, see § 63.3340(a) for general duty requirement. § 63.8(c)(1)(ii) Yes § 63.8(c)(1)(ii) only applies if you use capture and control systems. § 63.8(c)(1)(iii) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.8(c)(2)-(3) Yes See § 63.3350(e)(10)(iv) for temperature sensor validation procedures. § 63.8(c)(4) No § 63.3350 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) No Subpart JJJJ does not require COMS. § 63.8(c)(6)-(8) Yes Provisions for COMS are not applicable. § 63.8(d)(1)-(2) Yes Refer to § 63.3350(e)(5) for CPMS quality control procedures to be included in the quality control program. § 63.8(d)(3) No § 63.3350(e)(5) specifies the program of corrective action. § 63.8(e)-(f) Yes § 63.8(e)(2) does not apply to CPMS. § 63.8(f)(6) only applies if you use CEMS. § 63.8(g) Yes Only applies if you use CEMS. § 63.9(a) Yes § 63.9(b)(1) Yes § 63.9(b)(2) Yes Except § 63.3400(b)(1) requires submittal of initial notification for existing affected sources no later than 1 year before compliance date. § 63.9(b)(3)-(5) Yes § 63.9(c)-(e) Yes § 63.9(f) No Subpart JJJJ does not require opacity and visible emissions observations. § 63.9(g) Yes Provisions for COMS are not applicable. § 63.9(h)(1)-(3) Yes § 63.9(h)(4) No Reserved. § 63.9(h)(5)-(6) Yes § 63.9(i) Yes § 63.9(j) Yes § 63.9(k) Yes Only as specified in § 63.9(j). § 63.10(a) Yes § 63.10(b)(1) Yes § 63.10(b)(2)(i) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.10(b)(2)(ii) No See § 63.3410 for recordkeeping of relevant information. § 63.10(b)(2)(iii) Yes § 63.10(b)(2)(iii) only applies if you use a capture and control system. § 63.10(b)(2)(iv)-(v) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.10(b)(2)(vi)-(xiv) Yes § 63.10(b)(3) Yes § 63.10(c)(1) Yes § 63.10(c)(2)-(4) No Reserved. § 63.10(c)(5)-(8) Yes § 63.10(c)(9) No Reserved. § 63.10(c)(10)-(14) Yes § 63.10(c)(15) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. § 63.10(d)(1)-(2) Yes § 63.10(d)(3) No Subpart JJJJ does not require opacity and visible emissions observations. § 63.10(d)(4) Yes § 63.10(d)(5)(i) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. See § 63.3400(c) for malfunction reporting requirements. § 63.10(d)(5)(ii) Depends, see explanation No, for new or reconstructed sources which commenced construction or reconstruction after September 19, 2019. Yes, for all other affected sources before July 9, 2021, and No thereafter. See § 63.3400(c) for malfunction reporting requirements. § 63.10(e)(1)-(2) Yes Provisions for COMS are not applicable. § 63.10(e)(3)-(4) No Subpart JJJJ does not require opacity and visible emissions observations. § 63.10(f) Yes § 63.11 No Subpart JJJJ does not specify use of flares for compliance. § 63.12 Yes § 63.13 Yes § 63.14 Yes Subpart JJJJ includes provisions for alternative ASME and ASTM test methods that are incorporated by reference. § 63.15 Yes § 63.16 Yes [85 FR 41317, July 9, 2020, as amended at 85 FR 73905, Nov. 19, 2020] Subpart KKKK—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans Source: 68 FR 64446, Nov. 13, 2003, unless otherwise noted. What This Subpart Covers § 63.3480 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for metal can surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.3481 Am I subject to this subpart? (a) Except as provided in paragraph (c) of this section, the source category to which this subpart applies is surface coating of metal cans and ends (including decorative tins) and metal crowns and closures. It includes the subcategories listed in paragraphs (a)(1) through (4) of this section. Surface coating is the application of coatings to a substrate using, for example, spray guns or dip tanks. (1) One- and two-piece draw and iron can body coating. (2) Sheetcoating. (3) Three-piece can body assembly coating. (4) End coating. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3482, that uses 5,700 liters (1,500 gallons (gal)) per year, or more, of coatings in the source category defined in paragraph (a) of this section and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP). A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit, considering controls, any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. (c) This subpart does not apply to surface coating that meets the criteria of paragraphs (c)(1) through (5) of this section. (1) Surface coating conducted at a source that uses only coatings, thinners, and cleaning materials that contain no organic HAP, as determined according to § 63.3521(a). (2) Surface coating subject to any other NESHAP in this part as of November 13, 2003. (3) Surface coating and cleaning activities that use research or laboratory equipment or that are part of janitorial, building, and facility maintenance operations. (4) Surface coating of continuous metal coil that may subsequently be used in manufacturing cans. Subpart SSSS of this part covers surface coating performed on a continuous metal coil substrate. (5) Surface coating of metal pails, buckets, and drums. Subpart MMMM of this part covers surface coating of all miscellaneous metal parts and products not explicitly covered by another subpart. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 10847, Feb. 25, 2020] § 63.3482 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source. (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of metal cans and ends (including decorative tins), or metal crowns or closures: (1) All coating operations as defined in § 63.3561; (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) An affected source is a new affected source if you commenced its construction after January 15, 2003 by installing new coating equipment. New coating equipment is equipment used to perform metal can surface coating at a facility where no metal can surface coating was previously performed and the construction is of a completely new metal can surface coating source where previously no metal can surface coating source had existed. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.3483 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.3520, 63.3530, 63.3540, and 63.3550. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section. (1) If the initial startup of your new or reconstructed affected source is before November 13, 2003, the compliance date is November 13, 2003. (2) If the initial startup of your new or reconstructed affected source occurs after November 13, 2003, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is November 13, 2006. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or November 13, 2003 whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or November 13, 2006, whichever is later. (d) You must meet the notification requirements in § 63.3510 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.3490 What emission limits must I meet? (a) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere to no more than the emission limit(s) in Table 1 to this subpart that apply to you during each 12-month compliance period, determined according to the requirements in § 63.3521, § 63.3531, or § 63.3541; or if you control emissions with an emissions control system using the control efficiency/outlet concentration option as specified in § 63.3491(d), you must reduce organic HAP emissions to the atmosphere to no more than the limit(s) in Table 3 to this subpart, determined according to the requirements of § 63.3551. If you perform surface coating in more than one subcategory or utilize more than one coating type within a subcategory, then you must meet the individual emission limit(s) for each subcategory and coating type included. (b) For an existing affected source, you must limit organic HAP emissions to the atmosphere to no more than the emission limit(s) in Table 2 to this subpart that apply to you during each 12-month compliance period, determined according to the requirements in § 63.3521, § 63.3531, or § 63.3541; or if you control emissions with an emissions control system using the control efficiency/outlet concentration option as specified in § 63.3491(d), you must reduce organic HAP emissions to the atmosphere to no more than the limit(s) in Table 3 to this subpart, determined according to the requirements of § 63.3551. If you perform surface coating in more than one subcategory or utilize more than one coating type within a subcategory, then you must meet the individual emission limit(s) for each subcategory and coating type included. (c) If you perform surface coating in different subcategories as described in § 63.3481(a)(1) through (4), then the coating operations in each subcategory constitute a separate affected source, and you must conduct separate compliance demonstrations for each applicable subcategory and coating type emission limit in paragraphs (a) and (b) of this section and reflect those separate determinations in notifications, reports, and records required by §§ 63.3510, 63.3511, and 63.3512, respectively. § 63.3491 What are my options for meeting the emission limits? You must include all coatings and thinners used in all surface coating operations within a subcategory or coating type segment when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.3490. To make that determination, you must use at least one of the four compliance options listed in paragraphs (a) through (d) of this section. You may apply any of the compliance options to an individual coating operation or to multiple coating operations within a subcategory or coating type segment as a group. You may use different compliance options for different coating operations or at different times on the same coating operation. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document that switch as required by § 63.3512(c), and you must report it in the next semiannual compliance report required in § 63.3511. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. (d) Control efficiency/outlet concentration option. § 63.3492 What operating limits must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any operating limits. (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option or the control efficiency/outlet concentration option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.3541(i), you must meet the operating limits specified in Table 4 to this subpart. Those operating limits apply to the emission capture and control systems for the coating operation(s) used for purposes of complying with this subpart. You must establish the operating limits during the performance tests required in § 63.3540 or § 63.3550 according to the requirements in § 63.3546 or § 63.3556. You must meet the operating limits established during the most recent performance tests required in § 63.3540 or § 63.3550 at all times after they have been established during the performance test. (c) If you use an add-on control device other than those listed in Table 4 to this subpart or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 10847, Feb. 25, 2020] § 63.3493 What work practice standards must I meet? (a) For any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. (b) If you use the emission rate with add-on controls option or the control efficiency/outlet concentration option to comply with the emission limitations, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, the coating operation(s) for which you use those options; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be stored in closed containers. (2) Spills of organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), we, the U.S. Environmental Protection Agency (U.S. EPA), may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.3500 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) and (2) of this section. (1) Any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, as specified in § 63.3491(a) and (b), must be in compliance with the applicable emission limit in § 63.3490 at all times. (2) Any coating operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.3491(c), or the control efficiency/outlet concentration option, as specified in § 63.3491(d), must be in compliance with the emission limitations as specified in paragraphs (a)(2)(i) through (iii) of this section. (i) The coating operation(s) must be in compliance with the applicable emission limit in § 63.3490 at all times. (ii) The coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3492 at all times, except for those for which you use a solvent recovery system and conduct liquid-liquid material balances according to § 63.3541(i). The operating limits apply only to capture systems and control devices used for purposes of complying with this subpart. (iii) The coating operation(s) must be in compliance with the work practice standards in § 63.3493 at all times. (b) Before August 24, 2020, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after August 24, 2020, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before August 24, 2020, if your affected source uses an emission capture system and add-on control device for purposes of complying with this subpart, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). The plan must address startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. On and after August 24, 2020, the SSMP is not required. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 10847, Feb. 25, 2020] § 63.3501 What parts of the General Provisions apply to me? Table 5 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.3510 What notifications must I submit? (a) General. (b) Initial notification. (c) Notification of compliance status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.3520, § 63.3530, § 63.3540, or § 63.3550 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.3491 that you used on each coating operation in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.3490, include all the calculations you used to determine the kilogram (kg) organic HAP emitted per liter of coating solids used. You do not need to submit information provided by the materials suppliers or manufacturers or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material or a summary of the results of testing conducted according to § 63.3521(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating and for one thinner. (ii) Volume fraction of coating solids for one coating. (iii) Density for one coating and one thinner, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.3531. (8) The calculation of kg organic HAP emitted per liter of coating solids used for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section. (i) For the compliant material option, provide an example calculation of the organic HAP content for one coating, using Equation 1 of § 63.3521. (ii) For the emission rate without add-on controls option, provide the calculation of the total mass of organic HAP emissions for each month, the calculation of the total volume of coating solids used each month, and the calculation of the 12-month organic HAP emission rate, using Equations 1, 1A, 1B, 2, and 3, respectively, of § 63.3531, or Equation 4 of § 63.3531, if applicable. (iii) For the emission rate with add-on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings and thinners used each month, using Equations 1, 1A, and 1B of § 63.3531; the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.3531; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equations 1 and 1A through 1C of § 63.3541, and Equations 2, 3, 3A, and 3B of § 63.3541, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.3541, as applicable; and the calculation of the 12-month organic HAP emission rate, using the applicable equation, Equation 5 of § 63.3541 or Equation 4 of § 63.3531. (9) For the emission rate with add-on controls option or the control efficiency/outlet concentration option, you must include the information specified in paragraphs (c)(9)(i) through (iv) of this section. The requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3541(i). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a PTE or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.3493. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 73905, Nov. 19, 2020] § 63.3511 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.3520, § 63.3530, § 63.3540, or § 63.3550 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. (iv) Identification of the compliance option or options specified in § 63.3491 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. (v) If you used the emission rate without add-on controls or the emission rate with add-on controls compliance option (§ 63.3491(b) or (c)), the calculation results for each rolling 12-month organic HAP emission rate during the 6-month reporting period. (4) No deviations. (5) Deviations: Compliant material option. (i) Identification of each coating used that deviated from the emission limit, each thinner used that contained organic HAP, and the date, time, and duration each was used. (ii) The calculation of the organic HAP content (using Equation 1 of § 63.3521) for each coating identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iii) The determination of mass fraction of organic HAP for each coating and thinner identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iv) Before August 24, 2020, a statement of the cause of each deviation. On and after August 24, 2020, a statement of the cause of each deviation (including unknown cause, if applicable). (v) On and after August 24, 2020, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3500(b). (6) Deviations: Emission rate without add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.3490. (ii) The calculations used to determine the 12-month organic HAP emission rate for the compliance period in which the deviation occurred. You must provide the calculations for Equations 1, 1A, 1B, 2, and 3 in § 63.3531 or Equation 4 in § 63.3531, if applicable; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3531(e)(3). You do not need to submit background data supporting these calculations ( e.g., (iii) Before August 24, 2020, a statement of the cause of each deviation. On and after August 24, 2020, a statement of the cause of each deviation (including unknown cause, if applicable). (iv) On and after August 24, 2020, the number of deviations, date, time, duration, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3500(b). (7) Deviations: Emission rate with add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.3490. (ii) The calculations used to determine the 12-month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings and thinners used each month, using Equations 1, 1A, and 1B of § 63.3531 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3531(e)(3); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.3531; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equations 1 and 1A through 1C of § 63.3541, and Equations 2, 3, 3A, and 3B of § 63.3541, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.3541; and the calculation of the 12-month organic HAP emission rate, using Equation 5 of § 63.3541, or Equation 4 in § 63.3531, if applicable. You do not need to submit the background data supporting these calculations ( e.g., (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) Before August 24, 2020, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after August 24, 2020, the number of instances that the CPMS was inoperative, and for each instance, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.3500(b). (vii) Before August 24, 2020, the date, time, and duration that each CPMS was out of control, including the information in § 63.8(c)(8). On and after August 24, 2020, the number of instances that the CPMS was out of control as specified in § 63.8(c)(7) and, for each instance, the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before August 24, 2020, the date and time period of each deviation from an operating limit in Table 4 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. On and after August 24, 2020, the number of deviations from an operating limit in Table 4 to this subpart and, for each deviation, the date, time, and duration of each deviation; the date, time, and duration of any bypass of the add-on control device. (ix) A summary of the total duration of each deviation from an operating limit in Table 4 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (x) Before August 24, 2020, a breakdown of the total duration of the deviations from the operating limits in Table 4 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after August 24, 2020, a breakdown of the total duration of the deviations from the operating limits in Table 4 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xiii) Before August 24, 2020, for each deviation from the work practice standards, a description of the deviation; the date, and time period of the deviation; and the actions you took to correct the deviation. On and after August 24, 2020, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(7)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3500(b). (B) The description required in paragraph (a)(7)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable. (xiv) Before August 24, 2020, a statement of the cause of each deviation. On and after August 24, 2020, for deviations from an emission limit in § 63.3490 or an operating limit in Table 4 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable) and the actions you took to minimize emissions in accordance with § 63.3500(b). (xv) On and after August 24, 2020, for each deviation from an emission limit in § 63.3490 or operating limit in Table 4 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3490 or operating limit in Table 4 to this subpart, and a description of the method used to estimate the emissions. (8) Deviations: control efficiency/outlet concentration option. (i) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (ii) A brief description of the CPMS. (iii) The date of the latest certification or audit of the CPMS. (iv) Before August 24, 2020, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after August 24, 2020, for each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.3500(b). (v) For each instance that the CPMS was out of control as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out of control; the cause (including unknown cause) for the CPMS being out of control; and the actions you took to minimize emissions in accordance with § 63.3500(b). (vi) Before August 24, 2020, the date and time period of each deviation from an operating limit in Table 4 to this subpart; date and time of any bypass of the add-on control device; and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. On and after August 24, 2020, the date, time, and duration of each deviation from an operating limit in Table 4 to this subpart; and the date, time, and duration of any bypass of the add-on control device. (vii) A summary of the total duration of each deviation from an operating limit in Table 4 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (viii) Before August 24, 2020, a breakdown of the total duration of the deviations from the operating limits in Table 4 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after August 24, 2020, a breakdown of the total duration of the deviations from the operating limits in Table 4 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (ix) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (x) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xi) Before August 24, 2020, for each deviation from the work practice standards, a description of the deviation; the date and time period of the deviation; and the actions you took to correct the deviation. On and after August 24, 2020, for deviations from the work practice standards in § 63.3493(b), the number of deviations, and, for each deviation, the information in paragraphs (a)(8)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3500(b). (B) The description required in paragraph (a)(8)(xi)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable). (xii) Before August 24, 2020, a statement of the cause of each deviation. On and after August 24, 2020, for deviations from an emission limit in § 63.3490 or operating limit in Table 4 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (xiii) On and after August 24, 2020, for each deviation from an emission limit in § 63.3490 or operating limit in Table 4 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3490, and a description of the method used to estimate the emissions. (b) Performance test reports. (c) Startup, shutdown, malfunction reports. (1) If your actions were consistent with your SSMP, you must include the information specified in § 63.10(d) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your SSMP, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the SSMP. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) On and after August 24, 2020, you must submit the results of the performance test required in §§ 63.3540 and 63.3550 following the procedure specified in paragraphs (d)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test in portable document format (PDF) using the attachment module of the ERT. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) of this section. (e) On and after August 24, 2020, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in §§ 63.9(h) and 63.3510(c) to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov (f) On and after March 25, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in paragraph (a) of this section to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (g) If you are required to electronically submit a report through the CEDRI in the EPA's CDX, you may assert a claim of the EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of the EPA system outage, you must meet the requirements outlined in paragraphs (g)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (h) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (h)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 10847, Feb. 25, 2020] § 63.3512 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep the records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP and density for each coating and thinner and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraphs (c)(1) through (4) of this section. (1) A record of the coating operations at which you used each compliance option and the time periods (beginning and ending dates and times) you used each option. (2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 1 of § 63.3521. (3) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings and thinners used each month, using Equations 1, 1A, 1B, and 2 of § 63.3531 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3531(e)(3); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.3531; and the calculation of each 12-month organic HAP emission rate, using Equation 3 of § 63.3531, or Equation 4 in § 63.3531, if applicable. (4) For the emission rate with add-on controls option, records of the calculations specified in paragraphs (c)(4)(i) through (vi) of this section. (i) The calculation of the total mass of organic HAP emissions for the coatings and thinners used each month, using Equations 1, 1A, and 1B of § 63.3531 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3531(e)(3). (ii) The calculation of the total volume of coating solids used each month, using Equation 2 of § 63.3531. (iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equations 1 and 1A through 1C of § 63.3541, and Equations 2, 3, 3A, and 3B of § 63.3541, as applicable. (iv) The calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.3541. (v) The calculation of each 12-month organic HAP emission rate, using Equation 5 of § 63.3541. (vi) The OSEL calculation, if applicable, using Equation 4 of § 63.3531. (5) For the control efficiency/outlet concentration option, records of the measurements made by the CPMS used to demonstrate compliance. For any coating operation(s) for which you use this option, you do not have to keep the records specified in paragraphs (d) through (g) of this section. (d) A record of the name and volume of each coating and thinner used during each compliance period. (e) A record of the mass fraction of organic HAP for each coating and thinner used during each compliance period. (f) A record of the volume fraction of coating solids for each coating used during each compliance period. (g) A record of the density for each coating used during each compliance period; and, if you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, the density for each thinner used during each compliance period. (h) If you use an allowance in Equation 1 of § 63.3531 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility (TSDF) according to § 63.3531(e)(3) or otherwise managed in accordance with applicable Federal and State waste management regulations, you must keep records of the information specified in paragraphs (h)(1) through (3) of this section. (1) The name and address of each TSDF or other applicable waste management location to which you sent waste materials for which you use an allowance in Equation 1 of § 63.3531, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.3531. (3) The methodology used in accordance with § 63.3531(e)(3) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF or other applicable waste management location each month and the methodology to determine the mass of organic HAP contained in these waste materials. That must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (i) Before August 24, 2020, a record of the date, time, and duration of each deviation. On and after August 24, 2020, for each deviation from an emission limitation reported under § 63.3511(a)(5) through (8), a record of the information specified in paragraphs (i)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.3511(a)(5) through (8). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.3511(a)(5) through (8). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3490 or any applicable operating limit in Table 4 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.3511(a)(5) through (8). (4) A record of actions taken to minimize emissions in accordance with § 63.3500(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (j) If you use the emission rate with add-on controls option or the control efficiency/outlet concentration option, you must also keep the records specified in paragraphs (j)(1) through (8) of this section. (1) Before August 24, 2020, for each deviation, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction. On and after August 24, 2020, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction is not required. (2) Before August 24, 2020, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. On and after August 24, 2020, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction are not required. (3) The records required to show continuous compliance with each operating limit specified in Table 4 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.3544(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.3543 and 63.3544(b) through (e) including the records specified in paragraphs (j)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (j)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.3545 or § 63.3555. (i) Records of each add-on control device performance test conducted according to § 63.3543 or §§ 63.3553 and 63.3545 or § 63.3555. (ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.3546 or § 63.3556 and to document compliance with the operating limits as specified in Table 4 to this subpart. (8) A record of the work practice plan required by § 63.3493 and documentation that you are implementing the plan on a continuous basis. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 10850, Feb. 25, 2020] § 63.3513 In what form and for how long must I keep my records? (a) Your records must be kept in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after August 24, 2020, any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10851, Feb. 25, 2020] Compliance Requirements for the Compliant Material Option § 63.3520 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.3521. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. The initial compliance demonstration includes the calculations according to § 63.3521 and supporting documentation showing that, during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.3490 and you used no thinners that contained organic HAP. § 63.3521 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations within a subcategory or coating type segment, or for all the coating operations within a subcategory or coating type segment. You must use either the emission rate without add-on controls option, the emission rate with add-on controls option, or the control efficiency/outlet concentration option for any coating operation in the affected source for which you do not use that option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limit in § 63.3490 and must use no thinner that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.3492 and 63.3493, respectively. You must conduct a separate initial compliance demonstration for each one and two-piece draw and iron can body coating, sheetcoating, three-piece can body assembly coating, and end coating affected source. You must meet all the requirements of this section for the coating operation or group of coating operations using this option. Use the procedures in this section on each coating and thinner in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration ( e.g., (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in Table 8 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 8 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e.g., (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e.g., (2) Method 24 (appendix A to 40 CFR part 60). (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the volume fraction of coating solids for each coating. (1) ASTM Method D2697-03 (2014) or D6093-97 (2016). 03 see see (2) Information from the supplier or manufacturer of the material. (c) Determine the density of each coating. (d) Calculate the organic HAP content of each coating. Where: H c D c W c V s (e) Compliance demonstration. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006; 85 FR 10851, Feb. 25, 2020] § 63.3522 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period, to demonstrate continuous compliance, you must use no coating for which the organic HAP content, determined using Equation 1 of § 63.3521, exceeds the applicable emission limit in § 63.3490 and use no thinner that contains organic HAP, determined according to § 63.3521(a). A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3520 is the end of a compliance period consisting of that month and the preceding 11 months. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating or thinner that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(5). (c) As part of each semiannual compliance report required by § 63.3511, you must identify the coating operation(s) for which you used the compliant material option. If there were no deviations from the emission limitations set forth in § 63.3490, submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because you used no coating for which the organic HAP content exceeded the applicable emission limit in § 63.3490, and you used no thinner that contained organic HAP, as determined according to § 63.3521(a). (d) You must maintain records as specified in §§ 63.3512 and 63.3513. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1383, Jan. 6, 2006] Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.3530 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3531. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the calculations according to § 63.3531 and supporting documentation showing that, during the initial compliance period, the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.3490. § 63.3531 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any coating operation, for any group of coating operations within a subcategory or coating type segment, or for all of the coating operations within a subcategory or coating type segment. You must use either the compliant material option, the emission rate with add-on controls option, or the control efficiency/outlet concentration option for any coating operation in the affected source for which you do not use this option. If you use the alternative overall emission limit for a subcategory according to paragraph (i) of this section to demonstrate compliance, however, you must include all coating operations in all coating type segments in the subcategory to determine compliance with the overall limit. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.3490, but is not required to meet the operating limits or work practice standards in §§ 63.3492 and 63.3493, respectively. You must conduct a separate initial compliance demonstration for each one and two-piece draw and iron can body coating, sheetcoating, three-piece can body assembly coating, and end coating affected source. You must meet all the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.3490 for the coating operation(s). When calculating the organic HAP emission rate according to this section, do not include any coatings or thinners used on coating operations for which you use the compliant material option, the emission rate with add-on controls option, or the control efficiency/outlet concentration option or coating operations in a different affected source in a different subcategory. Use the procedures in this section on each coating and thinner in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration ( e.g., (a) Determine the mass fraction of organic HAP for each material. (b) Determine the volume fraction of coating solids for each coating. (c) Determine the density of each material. (d) Determine the volume of each material used. (e) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coatings used during the month, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinners used during the month, kg, as calculated in Equation 1B of this section. R w w (1) Calculate the mass of organic HAP in the coatings used during the month using Equation 1A of this section. Where: A = Total mass of organic HAP in the coatings used during the month, kg. Vol c,i D c,i W c,i m = Number of different coatings used during the month. (2) Calculate the mass of organic HAP in the thinners used during the month using Equation 1B of this section. Where: B = Total mass of organic HAP in the thinners used during the month, kg. Vol t,j D t,j W t,j n = Number of different thinners used during the month. (3) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF or other applicable waste management location in Equation 1 of this section, then you must determine it according to paragraphs (e)(3)(i) through (iv) of this section. (i) You may include in the determination only waste materials that are generated by coating operations for which you use Equation 1 of this section and that will be treated or disposed of by a facility regulated as a TSDF under 40 CFR part 262, 264, 265, or 266 or otherwise managed in accordance with applicable Federal and State waste management regulations. The TSDF or other applicable waste management location may be either offsite or onsite. You may not include organic HAP contained in wastewater. (ii) You must determine either the amount of the waste materials sent to a TSDF, or other applicable waste management location, during the month, or the amount collected and stored during the month and designated for future transport to a TSDF or other applicable waste management location. Do not include in your determination any waste materials sent to a TSDF or other applicable waste management location during a month if you have already included them in the amount collected and stored during that month or a previous month. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(3)(ii) of this section. (iv) You must document the methodology you used to determine the amount of waste materials and the total mass of organic HAP they contain as required in § 63.3512(h). To the extent that waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total volume of coating solids used. Where: V st Vol c,i V s,i m = Number of coatings used during the month. (g) Calculate the organic HAP emission rate. Where: H yr H e V st y = Identifier for months. (h) Compliance demonstration. yr (i) Alternative calculation of overall subcategory emission limit (OSEL). Where: OSEL = Total allowable organic HAP in kg HAP/liter coating solids (pound (lb) HAP/gal solids) that can be emitted to the atmosphere from all coating type segments in the subcategory. L i V i n = Number of coating type segments within one subcategory being used at the affected source. You must use the OSEL determined by Equation 4 of this section throughout the 12-month compliance period and may not switch between compliance with individual coating type limits and an OSEL. You may not include coatings in different subcategories in determining your OSEL by this approach. You must keep all records as required by §§ 63.3512 and 63.3513. As part of the Notification of Compliance Status required by § 63.3510, you must identify the subcategory for which you used a calculated OSEL and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate for the subcategory was less than or equal to the OSEL determined according to this section. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10851, Feb. 25, 2020] § 63.3532 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, determined according to § 63.3531(a) through (g), must be less than or equal to the applicable emission limit in § 63.3490. Alternatively, if you calculate an OSEL for all coating type segments within a subcategory according to § 63.3531(i), the organic HAP emission rate for the subcategory for each compliance period must be less than or equal to the calculated OSEL. You must use the calculated OSEL throughout each compliance period. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3530 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.3531(a) through (g) on a monthly basis using data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.3490 or the OSEL calculated according to § 63.3531(i), this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.3510(c)(6) and 63.3511(a)(6). (c) As part of each semiannual compliance report required by § 63.3511, you must identify the coating operation(s) for which you used the emission rate without add-on controls option. If there were no deviations from the emission limitations, you must submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3490 determined according to § 63.3531(a) through (g), or using the OSEL calculated according to § 63.3531(i). (d) You must maintain records as specified in §§ 63.3512 and 63.3513. Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.3540 By what date must I conduct performance tests and initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3483. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3541(i), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3543, 63.3544, and 63.3545 and establish the operating limits required by § 63.3492. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.3541(i), you must initiate the first material balance no later than the applicable compliance date specified in § 63.3483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3492 no later than 180 days after the applicable compliance date specified in § 63.3483. (ii) If you are not required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the first periodic performance test before March 25, 2023, unless you already have conducted a performance test on or after March 25, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. If you are required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the periodic testing in accordance with the terms and schedule required by your permit conditions. (2) You must develop and begin implementing the work practice plan required by § 63.3493 no later than the compliance date specified in § 63.3483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3541. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3543, 63.3544, and 63.3545; results of liquid-liquid material balances conducted according to § 63.3541(i); calculations according to § 63.3541 and supporting documentation showing that, during the initial compliance period, the organic HAP emission rate was equal to or less than the emission limit in § 63.3490(a); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3547; and documentation of whether you developed and implemented the work practice plan required by § 63.3493. (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.3492 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section for your affected source on the date you complete the performance tests. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.3541(i). (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3483. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3541(i), you must conduct according to the schedule in paragraphs (b)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3543, 63.3544, and 63.3545 and establish the operating limits required by § 63.3492. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.3541(i), you must initiate the first material balance no later than the compliance date specified in § 63.3483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3492 no later than 180 days after the applicable compliance date specified in § 63.3483. (ii) If you are not required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the first periodic performance test before March 25, 2023, unless you already have conducted a performance test on or after March 25, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. If you are required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the periodic testing in accordance with the terms and schedule required by your permit conditions. (2) You must develop and begin implementing the work practice plan required by § 63.3493 no later than the compliance date specified in § 63.3483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3541. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3543, 63.3544, and 63.3545; results of liquid-liquid material balances conducted according to § 63.3541(i); calculations according to § 63.3541 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the emission limit in § 63.3490(b); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3547; and documentation of whether you developed and implemented the work practice plan required by § 63.3493. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10851, Feb. 25, 2020] § 63.3541 How do I demonstrate initial compliance? (a) You may use the emission rate with add-on controls option for any coating operation, for any group of coating operations within a subcategory or coating type segment, or for all of the coating operations within a subcategory or coating type segment. You may include both controlled and uncontrolled coating operations in a group for which you use this option. You must use either the compliant material option, the emission rate without add-on controls option, or the control efficiency/outlet concentration option for any coating operation in the affected source for which you do not use the emission rate with add-on controls option. To demonstrate initial compliance, the coating operation(s) for which you use the emission rate with add-on controls option must meet the applicable emission limitations in § 63.3490. You must conduct a separate initial compliance demonstration for each one and two-piece draw and iron can body coating, sheetcoating, three-piece can body assembly coating, and end coating affected source. You must meet all the requirements of this section to demonstrate initial compliance with the emission limitations. When calculating the organic HAP emission rate according to this section, do not include any coatings or thinners used on coating operations for which you use the compliant material option, the emission rate without add-on controls option, or the control efficiency/outlet concentration option. You do not need to redetermine the mass of organic HAP in coatings or thinners that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate with add-on controls option. All required calculations and compliance demonstrations may be performed with either metric or English units. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of organic HAP, density, volume used, and volume fraction of coating solids. (f) Calculate the total mass of organic HAP emissions before add-on controls. (g) Calculate the organic HAP emission reduction for each controlled coating operation. (h) Calculate the organic HAP emission reduction for each controlled coating operation not using liquid-liquid material balances. Where: H c A c B c H unc CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.3543 and 63.3544 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.3543 and 63.3545 to measure and record the organic HAP destruction or removal efficiency. (i) Calculate the organic HAP emission reduction for each controlled coating operation using liquid-liquid material balances. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each month. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the month, kg, based on measurement with the device required in paragraph (i)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, in kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using Method 24 of 40 CFR part 60, appendix A, ASTM D2369-10 (2015), “Test Method for Volatile Content of Coatings” (incorporated by reference, see § 63.14), or an EPA approved alternative method. Alternatively, you may determine the volatile organic matter mass fraction using information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of Method 24 of 40 CFR part 60, appendix A, ASTM D2369-10 (2015) or an approved alternative method, the test method results will take precedence unless, after consultation, a regulated source can demonstrate to the satisfaction of the enforcement agency that the formulation data are correct. (4) Determine the density of each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, kg per liter, according to § 63.3531(c). (5) Measure the volume of each coating and thinner used in the coating operation controlled by the solvent recovery system during the month, liters. (6) Each month, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section. Where: R V M VR Vol i D i WV c,i Vol j D j WV t, j m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the month. n = Number of different thinners used in the coating operation controlled by the solvent recovery system during the month. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the month using Equation 3 of this section. Where: H CSR A CSR B CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, kg, using Equation 3A of this section. Where: A CSR Vol c,i D c,i W c,i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners used in the coating operation controlled by the solvent recovery system using Equation 3B of this section. Where: B CSR Vol t,j D t,j W t,j n = Number of different thinners used. (j) Calculate the total volume of coating solids used. (k) Calculate the mass of organic HAP emissions for each month. Where: H HAP H e H C,i H CSR,j q = Number of controlled coating operations not using a liquid-liquid material balance. r = Number of coating operations controlled by a solvent recovery system using a liquid-liquid material balance. (l) Calculate the organic HAP emission rate for the 12-month compliance period. Where: H annual H HAP,y V st,y y = Identifier for months. (m) Compliance demonstration. (n) Alternative calculation of overall subcategory emission limit. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10852, Feb. 25, 2020; 86 FR 66041, Nov. 19, 2021] § 63.3542 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.3490, the organic HAP emission rate for each compliance period, determined according to the procedures in § 63.3541, must be equal to or less than the applicable emission limit in § 63.3490. Alternatively, if you calculate an OSEL for all coating type segments within a subcategory according to § 63.3531(i), the organic HAP emission rate for the subcategory for each compliance period must be less than or equal to the calculated OSEL. You must use the calculated OSEL throughout each compliance period. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3540 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.3541 on a monthly basis using data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.3490, that is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.3492 that applies to you as specified in Table 4 to this subpart. (1) If an operating parameter is out of the allowed range specified in Table 4 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 4 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation, unless you have other data indicating the actual efficiency of the emission capture system and add-on control device, and the use of these data has been approved by the Administrator. For the purposes of completing the compliance calculations specified in § 63.3541(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation as indicated in Equation 1 of § 63.3541. (d) You must meet the requirements for bypass lines in § 63.3547(b) for controlled coating operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). For the purposes of completing the compliance calculations specified in § 63.3541(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation as indicated in Equation 1 of § 63.3541. (e) You must demonstrate continuous compliance with the work practice standards in § 63.3493. If you did not develop a work practice plan or you did not implement the plan or you did not keep the records required by § 63.3512(j)(8), that is a deviation from the work practice standards that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). (f) As part of each semiannual compliance report required in § 63.3511, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limits in § 63.3490, the operating limits in § 63.3492, and the work practice standards in § 63.3493, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3490, and you achieved the operating limits required by § 63.3492 and the work practice standards required by § 63.3493 during each compliance period. (g) [Reserved] (h) Before August 24, 2020, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a startup, shutdown, or malfunction are violations according to the provisions in § 63.6(e). On and after August 24, 2020, deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.3500(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.3500(b). (i) You must maintain records as specified in §§ 63.3512 and 63.3513. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 10852, Feb. 25, 2020] § 63.3543 What are the general requirements for performance tests? (a) Before August 24, 2020, you must conduct each performance test required by § 63.3540 according to the requirements in § 63.7(e)(1) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after August 24, 2020, you must conduct each performance test required by § 63.3540 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.3544. You must conduct each performance test of an add-on control device according to the requirements in § 63.3545. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10853, Feb. 25, 2020] § 63.3544 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of each performance test required by § 63.3540. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings and thinners used in the coating operation are applied within the capture system, and coating solvent flash-off, curing, and drying occurs within the capture system. For example, the criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings and thinners are applied and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a TTE or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating and thinner used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term volatile organic compounds (VOC) in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings and thinners used in the coating operation during each capture efficiency test run. Where: TVH used TVH i Vol i D i n = Number of different coatings and thinners used in the coating operation during the capture efficiency test run. (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the TTE or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a TTE. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure other than the coating operation for which capture efficiency is being determined must be shut down but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section. Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings and thinners are applied and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a TTE or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for Method 204B or 204C of appendix M to 40 CFR part 51 measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct, and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the TTE or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a TTE. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section. Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10853, Feb. 25, 2020] § 63.3545 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance tests required by § 63.3540. For each performance test, you must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]” (incorporated by reference, see § 63.14). (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously using either Method 25 or 25A of appendix A-7 to 40 CFR part 60 as specified in paragraphs (b)(1) through (5) of this section. You must use the same method for both the inlet and outlet measurements. (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 ppm at the control device outlet. (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-control device is not an oxidizer. (4) You may use Method 18 of appendix A-6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (5) Alternatively, any other test method or data that have been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, and approved by the Administrator, may be used. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet for the low-volume concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high-volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 Note: If M f 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section. Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10853, Feb. 25, 2020] § 63.3546 How do I establish the emission capture system and add-on control device operating limits during the performance test? During performance tests required by § 63.3540 and described in §§ 63.3543, 63.3544, and 63.3545, you must establish the operating limits required by § 63.3492 unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.3492. (a) Thermal oxidizers. (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. That average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During performance tests, you must monitor and record the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. The average temperature difference is the minimum operating limit for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During performance tests, you must monitor and record the temperature at the inlet to the catalyst bed at least once every 15 minutes during each of the three test runs. For each performance test, use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed during the performance test. That is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e, (ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer's recommendations and conduct a new performance test to determine destruction efficiency according to § 63.3545. (c) Regenerative oxidizers. (1) You must establish all applicable operating limits according to paragraphs (a) and (b) of this section. (2) You must submit a valve inspection plan that documents the steps taken to minimize the amount of leakage during the regenerative process. This plan can include, but is not limited to, routine inspection of key parameters of the valve operating system ( e.g., (d) Carbon adsorbers. (1) During performance tests, you must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle, and the maximum carbon bed temperature recorded after the cooling cycle. (e) Condensers. (1) During performance tests, monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (f) Concentrators. (1) During performance tests, monitor and record the inlet temperature to the desorption/reactivation zone of the concentrator at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption/reactivation zone inlet temperature. (3) During each performance test, monitor and record an indicator(s) of performance for the desorption/reactivation fan operation at least once every 15 minutes during each of the three runs of the performance test. The indicator can be speed in revolutions per minute (rpm), power in amps, static pressure, or flow rate. (4) Establish a suitable range for the parameter(s) selected based on the system design specifications, historical data, and/or data obtained concurrent with an emissions performance test. This is the operation limit range for the desorption/reactivation fan operation. (5) During each performance test, monitor the rotational speed of the concentrator at least once every 15 minutes during each of the three runs of the performance test. (6) For each performance test, use the data collected during the performance test to calculate and record the average rotational speed. This is the minimum operating limit for the rotational speed of the concentrator. However, the indicator range for the rotational speed may be changed if an engineering evaluation is conducted and a determination made that the change in speed will not affect compliance with the emission limit. (7) Develop and implement an inspection and maintenance plan for the concentrator(s) that you elect to monitor according to paragraph (f) of this section. The plan must include, at a minimum, annual sampling and analysis of the absorbent material ( i.e., (g) Emission capture systems. (1) During the capture efficiency determination required by § 63.3540 and described in §§ 63.3543 and 63.3544, you must monitor and record either the gas volumetric flow rate at a location upstream of the control device, or the duct static pressure at a location upstream of the primary fan in each duct of each capture device or upstream of the fan that is common to multiple capture devices at least once every 15 minutes during each of the three test runs. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device or system of multiple capture devices. The average gas volumetric flow rate is the minimum operating limit for that specific capture device or system of multiple capture devices. The average duct static pressure is the maximum operating limit for that specific capture device or system of multiple capture devices. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10853, Feb. 25, 2020] § 63.3547 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) Before August 24, 2020, you must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. On and after August 24, 2020, you must maintain the CPMS at all times in accordance with § 63.3500(b) and keep necessary parts readily available for routine repairs of the monitoring equipment. (5) Before August 24, 2020, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after August 24, 2020, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.3500(b). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out of control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Before August 24, 2020, any period for which the monitoring system is out of control and data are not available for required calculations is a deviation from the monitoring requirements. On and after August 24, 2020, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. (b) Capture system bypass line. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. The flow indicator shall be installed at the entrance to any bypass line. Alternatively, install, maintain, and operate a bypass line valve indicator or damper indicator that indicates valve position. (2) Secure the bypass line valve in the nondiverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the nondiverting position and the vent stream is not diverted through the bypass line. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install a gas temperature monitor according to paragraph (c)(2)(i) or (ii) of this section. (i) If you establish operating limits according to § 63.3546(b)(1) and (2), then you must install the gas temperature monitors both upstream and downstream of the catalyst bed. The temperature monitors must be in the gas stream at the inlet to and the outlet of the catalyst bed to measure the temperature difference across the bed. (ii) If you establish operating limits according to § 63.3546(b)(3) and (4), then you must install a gas temperature monitor upstream of the catalyst bed. The temperature monitor must be in the gas stream at the inlet to the catalyst bed to measure the temperature. (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (ii) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a minimum accuracy of ±1.2 degrees Celsius or ±1 percent of the temperature value in degrees Celsius, whichever is larger. (d) Carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having an accuracy of ±10 percent capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must have a minimum accuracy of ±1.2 degrees Celsius or ±1 percent of the temperature value in degrees Celsius, whichever is larger, and must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (e) Condensers. (1) The gas temperature monitor must have a minimum accuracy of ±1 percent of the temperature recorded in degrees Celsius or ±1.2 degrees Celsius, whichever is greater. (2) The temperature monitor must provide a continuous gas temperature record. (f) Concentrators. (1) You must install a temperature monitor at the inlet to the desorption/reactivation zone of the concentrator. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must select an indicator(s) of performance of the desorption/reactivation fan operation, such as speed, power, static pressure, or flow rate. (3) You must monitor the rotational speed of the concentrator in revolutions per hour. (4) You must verify the performance of the adsorbent material by examining representative samples and testing adsorbent activity per the manufacturer's recommendations. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10854, Feb. 25, 2020] Compliance Requirements for the Control Efficiency/Outlet Concentration Option § 63.3550 By what date must I conduct performance tests and initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3483. You must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to §§ 63.3553, 63.3554, and 63.3555 and establish the operating limits required by § 63.3492. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3492 no later than 180 days after the applicable compliance date specified in § 63.3483. (ii) If you are not required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the first periodic performance test before March 25, 2023, unless you already have conducted a performance test on or after March 25, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. If you are required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the periodic testing in accordance with the terms and schedule required by your permit conditions. (2) You must develop and begin implementing the work practice plan required by § 63.3493 no later than the compliance date specified in § 63.3483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3551. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to § 63.3553, 63.3554, and 63.3555; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3557; and documentation of whether you developed and implemented the work practice plan required by § 63.3493. (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.3492 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section on the date you complete the performance tests. (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3483. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3541(i), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3543, 63.3544, and 63.3545 and establish the operating limits required by § 63.3492. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3492 no later than 180 days after the applicable compliance date specified in § 63.3483. (ii) If you are not required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the first periodic performance test before March 25, 2023, unless you already have conducted a performance test on or after March 25, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. If you are required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the periodic testing in accordance with the terms and schedule required by your permit conditions. (2) You must develop and begin implementing the work practice plan required by § 63.3493 no later than the compliance date specified in § 63.3483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3551. The initial compliance period begins on the applicable compliance date specified in § 63.3483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3553, 63.3554, and 63.3555; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3557; and documentation of whether you developed and implemented the work practice plan required by § 63.3493. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10854, Feb. 25, 2020] § 63.3551 How do I demonstrate initial compliance? (a) You may use the control efficiency/outlet concentration option for any coating operation, for any group of coating operations within a subcategory or coating type segment, or for all of the coating operations within a subcategory or coating type segment. You must use the compliant material option, the emission rate without add-on controls option, or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use the control efficiency/outlet concentration option. To demonstrate initial compliance, the coating operation(s) for which you use the control efficiency/outlet concentration option must meet the applicable levels of emission reduction in § 63.3490. You must conduct a separate initial compliance demonstration for each one and two-piece draw and iron can body coating, sheetcoating, three-piece can body assembly coating, and end coating affected source. You must meet all the requirements of this section to demonstrate initial compliance with the emission limitations. When calculating the organic HAP emission rate according to this section, do not include any coatings or thinners used on coating operations for which you use the compliant material option, the emission rate without add-on controls option, or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings or thinners that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate with add-on controls option. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance demonstration. § 63.3552 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the emission limitations using the control efficiency/outlet concentration option, the organic HAP emission rate for each compliance period must be equal to or less than 20 ppmvd or must be reduced by the amounts specified in § 63.3490. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3550 is the end of a compliance period consisting of that month and the preceding 11 months. (b) You must demonstrate continuous compliance with each operating limit required by § 63.3492 that applies to you, as specified in Table 4 to this subpart. If an operating parameter is out of the allowed range specified in Table 4 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). (c) You must meet the requirements for bypass lines in § 63.3557(b). If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). For purposes of demonstrating compliance, you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation. (d) You must demonstrate continuous compliance with the work practice standards in § 63.3493. If you did not develop a work practice plan or you did not implement the plan or you did not keep the records required by § 63.3512(j)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.3510(b)(6) and 63.3511(a)(7). (e) As part of each semiannual compliance report required in § 63.3511, you must identify the coating operation(s) for which you used the control efficiency/outlet concentration option. If there were no deviations from the operating limits or work practice standards, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than 20 ppmvd or was reduced by the amount specified in § 63.3490, and you achieved the operating limits required by § 63.3492 and the work practice standards required by § 63.3493 during each compliance period. (f) [Reserved] (g) Before August 24, 2020, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as a startup, shutdown, or malfunction are violations, according to the provisions in § 63.6(e). On and after August 24, 2020 deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.3500(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.3500(b). (h) You must maintain records applicable to the control efficiency/outlet concentration option as specified in §§ 63.3512 and 63.3513. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 20464, Apr. 20, 2006; 85 FR 10855, Feb. 25, 2020] § 63.3553 What are the general requirements for performance tests? (a) Before August 24, 2020, you must conduct each performance test required by § 63.3550 according to the requirements in § 63.7(e)(1) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after August 24, 2020, you must conduct each performance test required by § 63.3550 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.3554. You must conduct each performance test of an add-on control device according to the requirements in § 63.3555. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020] § 63.3554 How do I determine the emission capture system efficiency? The capture efficiency of your emission capture system must be 100 percent to use the control efficiency/outlet concentration option. You may assume the capture system efficiency is 100 percent if both of the conditions in paragraphs (a) and (b) of this section are met. (a) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (b) All coatings and thinners used in the coating operation are applied within the capture system, and coating solvent flash-off, curing, and drying occurs within the capture system. This criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. § 63.3555 How do I determine the outlet THC emissions and add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine either the outlet THC emissions or add-on control device emission destruction or removal efficiency as part of the performance tests required by § 63.3550. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]” (incorporated by reference, see § 63.14). (4) Use Method 4 of appendix A to 40 CFR part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously using either Method 25 or 25A of appendix A-7 to 40 CFR part 60 as specified in paragraphs (b)(1) through (3) of this section. You must use the same method for both the inlet and outlet measurements. (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be more than 50 ppm at the control device outlet. (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is not an oxidizer. (4) You may use Method 18 of appendix A-6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (5) Alternatively, any other test method or data that have been validated according to the applicable procedures in Method 301 of 40 CFR part 63, appendix A, and approved by the Administrator may be used. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume dilute stream that has been treated by the concentrator and a second add-on control device is an oxidizer with an outlet for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high-volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and outlet of the add-on control device using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 Note: If M f 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency using Equation 2 of this section. Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020] § 63.3556 How do I establish the emission capture system and add-on control device operating limits during the performance test? During the performance tests required by § 63.3550 and described in §§ 63.3553, 63.3554, and 63.3555, you must establish the operating limits required by § 63.3492 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.3492. (a) Thermal oxidizers. (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. That average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During performance tests, you must monitor and record the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. The average temperature difference is the minimum operating limit for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During performance tests, you must monitor and record the temperature at the inlet to the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during each performance test to calculate and record the average temperature at the inlet to the catalyst bed during the performance test. That is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer's recommendations and conduct a new performance test to determine destruction efficiency according to § 63.3555. (c) Regenerative oxidizers. (1) You must establish all applicable operating limits according to paragraphs (a) and (b) of this section. (2) You must submit a valve inspection plan that documents the steps taken to minimize the amount of leakage during the regenerative process. This plan can include, but is not limited to, routine inspection of key parameters of the valve operating system ( e.g., (d) Carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (e) Condensers. (1) During performance tests, monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (f) Concentrators. (1) During performance tests, monitor and record the inlet temperature to the desorption/reactivation zone of the concentrator at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption/reactivation zone inlet temperature. (3) During performance tests, monitor and record an indicator(s) of performance for the desorption/reactivation fan operation at least once every 15 minutes during each of the three runs of the performance test. The indicator can be speed in rpm, power in amps, static pressure, or flow rate. (4) Establish a suitable range for the parameter(s) selected based on the system design specifications, historical data, and/or data obtained concurrent with an emissions performance test. This is the operation limit range for the desorption/reactivation fan operation. (5) During performance tests, monitor the rotational speed of the concentrator at least once every 15 minutes during each of the three runs of a performance test. (6) For each performance test, use the data collected during the performance test to calculate and record the average rotational speed. This is the minimum operating limit for the rotational speed of the concentrator. However, the indicator range for the rotational speed may be changed if an engineering evaluation is conducted and a determination made that the change in speed will not affect compliance with the emission limit. (7) Develop and implement an inspection and maintenance plan for the concentrator(s) that you elect to monitor according to paragraph (f) of this section. The plan must include, at a minimum, annual sampling and analysis of the absorbent material ( i.e., (g) Emission capture systems. [68 FR 64446, Nov. 13, 2003, as amended at 85 FR 10855, Feb. 25, 2020] § 63.3557 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) You must maintain the CPMS at all times in accordance with § 63.3500(b) and have readily available necessary parts for routine repairs of the monitoring equipment. (5) You must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.3500(b) that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out of control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused, in part, by poor maintenance or careless operation are not malfunctions. Before August 24, 2020, any period for which the monitoring system is out of control and data are not available for required calculations is a deviation from the monitoring requirements. On and after August 24, 2020, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. (b) Capture system bypass line. (1) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. The flow indicator shall be installed at the entrance to any bypass line. (2) Secure the bypass line valve in the nondiverting position with a car-seal or lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the nondiverting position, and the vent stream is not diverted through the bypass line. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install a gas temperature monitor according to paragraph (c)(2)(i) or (ii) of this section. (i) If you establish operating limits according to § 63.3556(b)(1) and (2), then you must install the gas temperature monitors both upstream and downstream of the catalyst bed. The temperature monitors must be in the gas stream at the inlet to and the outlet of the catalyst bed to measure the temperature difference across the bed. (ii) If you establish operating limits according to § 63.3556(b)(3) and (4), then you must install a gas temperature monitor upstream of the catalyst bed. The temperature monitor must be in the gas stream at the inlet to the catalyst bed to measure the temperature. (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (ii) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a minimum accuracy of ±1.2 degrees Celsius or ±1 percent of the temperature value in degrees Celsius, whichever is larger. (d) Carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having an accuracy of ±10 percent capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must have a minimum accuracy of ±1.2 degrees Celsius or ±1 percent of the temperature value in degrees Celsius, whichever is larger, and must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (e) Condensers. (1) The gas temperature monitor must have a minimum accuracy of ±1.2 degrees Celsius or ±1 percent of the temperature value in degrees Celsius, whichever is larger. (2) The temperature monitor must provide a continuous gas temperature record. (f) Concentrators. (1) You must install a temperature monitor at the inlet to the desorption/reactivation zone of the concentrator. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must select an indicator(s) of performance of the desorption/reactivation fan operation, such as speed, power, static pressure, or flow rate. (3) You must monitor the rotational speed of the concentrator in revolutions per hour. (4) You must verify the performance of the adsorbent material by examining representative samples and testing adsorbent activity per the manufacturer's recommendations. [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10856, Feb. 25, 2020] Other Requirements and Information § 63.3560 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the United States Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the EPA, has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the work practice standards in § 63.3493. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.3561 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Add-on control Adhesive Aerosol can Aseptic coating Can body Can end Capture device Capture efficiency capture system efficiency Capture system Cleaning material e.g., Coating Coating operation Coating solids Continuous parameter monitoring system (CPMS) Controlled coating operation Crowns and closures Decorative tin Deviation, before August 24, 2020, (1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart. Deviation, on and after August 24, 2020, (1) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Drum Emission limitation Enclosure End coating End seal compound Exempt compound Food can Fusion paste General line can Ink jet marking Inside spray Lubricant e.g., Manufacturer's formulation data Mass fraction of organic HAP Metal can Mist solution Month Nonaseptic coating One and two-piece draw and iron can One-piece aerosol can Organic HAP content Pail Permanent total enclosure (PTE) Protective oil Repair spray Research or laboratory equipment de minimis Responsible official Sheetcoating Side seam stripe Startup, initial Surface preparation Temporary total enclosure (TTE) Thinner Three-piece aerosol can Three-piece can assembly Three-piece food can Total volatile hydrocarbon (TVH) Two-piece beverage can Two-piece food can Uncontrolled coating operation Volatile organic compound (VOC) Volume fraction of coating solids Wastewater [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006; 85 FR 10856, Feb. 25, 2020] Table 1 to Subpart KKKK of Part 63—Emission Limits for New or Reconstructed Affected Sources You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(a) through (c). If you apply surface coatings to metal cans or metal can parts in this subcategory ... Then for all coatings of this type ... You must meet the following organic HAP emission limit in kg HAP/liter solids (lbs HAP/gal solids): a b 1. One and two-piece draw and iron can body coating a. Two-piece beverage cans—all coatings 0.04 (0.31). 2. Sheetcoating Sheetcoating 0.02 (0.17). 3. Three-piece can assembly a. Inside spray 0.12 (1.03). b. Aseptic side seam stripes on food cans 1.48 (12.37). c. Nonaseptic side seam stripes on food cans 0.72 (5.96). d. Side seam stripes on general line nonfood cans 1.18 (9.84). e. Side seam stripes on aerosol cans 1.46 (12.14). 4. End coating a. Aseptic end seal compounds 0.06 (0.54). b. Nonaseptic end seal compounds 0.00 (0.00). c. Repair spray coatings 0.64 (5.34). a b Table 2 to Subpart KKKK of Part 63—Emission Limits for Existing Affected Sources You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(a) through (c). If you apply surface coatings to metal cans or metal can parts in this subcategory ... Then for all coatings of this type ... You must meet the following organic HAP emission limit in kg HAP/liter solids (lbs HAP/gal solids): a b 1. One and two-piece draw and iron can body coating a. Two-piece beverage cans—all coatings 0.07 (0.59). 2. Sheetcoating Sheetcoating 0.03 (0.26). 3. Three-piece can assembly a. Inside spray 0.29 (2.43). b. Aseptic side seam stripes on food cans 1.94 (16.16). c. Nonaseptic side seam stripes on food cans 0.79 (6.57). d. Side seam stripes on general line nonfood cans 1.18 (9.84). e. Side seam stripes on aerosol cans 1.46 (12.14). 4. End coating a. Aseptic end seal compounds 0.06 (0.54). b. Nonaseptic end seal compounds 0.00 (0.00). c. Repair spray coatings 2.06 (17.17). a b Table 3 to Subpart KKKK of Part 63—Emission Limits for Affected Sources Using the Control Efficiency/Outlet Concentration Compliance Option You must comply with the emission limits that apply to your affected source in the following table as required by § 63.3490(d). If you use the control efficiency/outlet concentration option to comply with the emission limitations for any coating operation(s) . . . Then you must comply with one of the following by using an emissions control system to . . . 1. in a new or reconstructed affected source a. reduce emissions of total HAP, measured as THC (as carbon), a a 2. in an existing affected source a. reduce emissions of total HAP, measured as THC (as carbon), a a a Table 4 to Subpart KKKK of Part 63—Operating Limits If Using the Emission Rate With Add-on Controls Option or the Control Efficiency/Outlet Concentration Compliance Option If you are required to comply with operating limits by § 63.3492, you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. Thermal oxidizer a. The average combustion temperature in each 3-hour block period must not fall below the combustion temperature limit established according to § 63.3546(a) or § 63.3556(a). i. Collecting the combustion temperature data according to § 63.3547(c) or § 63.3557(c); 2. Catalytic oxidizer a. The average temperature difference across the catalyst bed in each 3-hour period does not fall below the temperature difference limit established according to § 63.3546(b)(2) or § 63.3556(b)(2); or i. Collecting the temperature data according to § 63.3547(c) or § 63.3578(c); b. The average temperature measured at the inlet to the catalyst bed in each 3-hour block period must not fall below the limit established according to § 63.3546(b) or § 63.3556(b); and i. Collecting the temperature data according to § 63.3547(c) or § 63.3557(c); and c. Develop and implement an inspection and maintenance plan according to § 63.3546(b)(4) or § 63.3556(b)(4). Maintaining an up-to-date inspection plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.3546(b)(4) or § 63.3556(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. Regenerative oxidizers a. Develop and implement a valve inspection plan according to § 63.3546(c) or § 63.3546(c); and either Maintaining an up-to-date valve inspection plan. If a problem is discovered during an inspection required by § 63.3556(c), or § 63.3556(c), you must take corrective action as soon as soon as practicable. b. If you are using a regenerative thermal oxidizer, follow the operating limits according to 1.a of this table; or See all applicable items in 1.a of this table. c. If you are using a regenerative catalytic oxidizer, follow the operating limits according to item 2.a of this table. See all applicable items in 2.a, 2.b, and 2.c of this table. 4. Carbon adsorber a. The total regeneration desorbing gas ( e.g., i. Measuring the total regeneration desorbing gas ( e.g., b. The temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.3546(d) or § 63.3556(d). i. Measuring the temperature of the carbon bed, after completing each regeneration and any cooling cycle, according to § 63.3547(d) or § 63.3557(d); and 5. Condenser a. The average condenser outlet (product side) gas temperature in each 3-hour period must not exceed the temperature limit established according to § 63,3546(e) or § 63.3556(e). i. Collecting the condenser outlet (product side) gas temperature according to § 63.3547(e) or § 63.3557(e); 6. Concentrators, including zeolite wheels and rotary carbon absorbers a. The average inlet temperature measured from the desorption reactivation zone in each 3-hour block period must not fall below the limit established according to § 63.3546(f) or § 63.3556(f). i. Collecting the temperature data including zeolite inlet temperature according to § 63.3547(f); b. The indicator of performance for the desorption reactivation fan operation in each 3-hour block period must not fall outside of the range established according to § 63.3547(f) or § 63.3556(f). i. Collecting the indicator data according to § 63.3547(f) or § 63.3557(f); and c. The nominal rotational speed of the concentrator in each 3-hour block period must not fall below the speed established according to § 63.3546(f) or § 63.3556(f). i. Collecting the rotational speed according to § 63.3547(f) or § 63.3557(f); d. Develop and implement an inspection and maintenance plan according to § 63.3546(f)(3) or § 63.3556(f)(3). Maintaining an up-to-date inspection plan, and records of annual adsorbent activity checks. The results shall be compared to historical results and/or results for new adsorbents. If a problem is discovered during the annual inspection required by § 63.3546(f)(3) or § 63.3556(f)(3), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 7. Emission capture system that is a PTE according to § 63.3544(a) or § 63.3554(a) a. The direction of the air flow at all times must be into the enclosure; and either i. Collecting the direction of air of air flow, and either the facial velocity of air through all natural draft openings or the pressure drop across the enclosure; and b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or See c. The pressure drop across the enclosure must be at least 0.007 inch H 2 See 8. Emission capture system that is not a PTE according to § 63.3544(a) a. The average gas volumetric flow rate at a location upstream of the control device, or duct static pressure at a location upstream (i.e., vacuum side) of the primary fan in each duct of each capture device or upstream of the fan that is common to multiple capture devices in each 3-hour period must not fall below the average volumetric flow rate or above the duct static pressure limit established for that capture device in accordance with § 63.3546 or § 63.3556, as applicable. i. Measuring the gas volumetric flow at a location upstream of the control device, or duct static pressure at a location upstream (i.e., vacuum side) of the primary fan in each duct of each capture device upstream or upstream of the fan that is common to multiple capture devices; and [68 FR 64446, Nov. 13, 2003, as amended at 71 FR 1384, Jan. 6, 2006] Table 5 to Subpart KKKK of Part 63—Applicability of General Provisions to Subpart KKKK You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart KKKK Explanation § 63.1(a)(1)-(4) General Applicability Yes § 63.1(a)(6) Source Category Listing Yes § 63.1(a)(10)-(12) Timing and Overlap Clarifications Yes § 63.1(b)(1) Initial Applicability Determination Yes Applicability to subpart KKKK is also specified in § 63.3481. § 63.1(b)(3) Applicability Determination Recordkeeping Yes § 63.1(c)(1) Applicability after Standard Established Yes § 63.1(c)(2) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart KKKK. § 63.1(c)(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.3561. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Fragmentation Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1), (3), (4), (6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance with Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(5), (b)(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.3483 specifies the compliance dates. § 63.6(c)(1), (2), (5) Compliance Dates for Existing Sources Yes Section 63.3483 specifies the compliance dates. § 63.6(e)(1)(i)-(ii) Operation and Maintenance Yes before August 24, 2020, No on and after August 24, 2020 See § 63.3500(b) for general duty requirement. § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3)(i), (e)(3)(iii)-(ix) SSMP Yes before August 24, 2020, No on and after August 24, 2020 § 63.6(f)(1) Compliance Except during Startup, Shutdown, and Malfunction Yes before August 24, 2020, No on and after August 24, 2020 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Standard Yes § 63.6(h) Compliance with Opacity/Visible Emission Standards No Subpart KKKK does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(14) Extension of Compliance Yes § 63.6(i)(16) Compliance Extensions and Administrator's Authority Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3543, 63.3544, 63.3545, 63.3554, and 63.3555. § 63.7(a)(2) except (a)(2)(i)-(viii) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Sections 63.3540 and 63.3550 specify the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3) Performance Tests Required by the Administrator Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.7(e)(1) Conduct of Performance Tests Yes before August 24, 2020, No on and after August 24, 2020 See §§ 63.3543 and 63.3553. § 63.7(e)(2)-(4) Conduct of Performance Tests Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in §§ 63.3547 and 63.3557. § 63.8(a)(4) Additional Monitoring Requirements No Subpart KKKK does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring System (CMS) Operation and Maintenance Yes before August 24, 2020, No on and after August 24, 2020 Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in §§ 63.3547 and 63.3557. § 63.8(c)(4) CMS No Sections 63.3547 and 63.3557 specify the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart KKKK does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Sections 63.3547 and 63.3557 specify the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods Reporting No Section 63.3511 requires reporting of CMS out of control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Section 63.8(f)(6) provisions are not applicable because subpart KKKK does not require CEMS. § 63.8(g) Data Reduction No Sections 63.3542, 63.3547, 63.3552 and 63.3557 specify monitoring data reduction. § 63.9(a) Notification Applicability Yes § 63.9(b)(1)-(2) Initial Notifications Yes § 63.9(b)(4)(i), (b)(4)(v), (b)(5) Application for Approval of Construction or Reconstruction Yes § 63.9(c) Request for Extension of Compliance Yes § 63.9(d) Special Compliance Requirement Notification Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart KKKK does not have opacity or visible emission standards. § 63.9(g) Additional Notifications When Using CMS No § 63.9(h)(1)-(3) Notification of Compliance Status Yes Section 63.3510 specifies the dates for submitting the notification of compliance status. § 63.9(h)(5)-(6) Clarifications Yes § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.3512 and 63.3513. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards Yes before August 24, 2020, No on and after August 24, 2020 See § 63.3512(i). § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction Yes before August 24, 2020, No on and after August 24, 2020 See § 63.3512(i)(4) for a record of actions taken to minimize emissions duration a deviation from the standard. § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes before August 24, 2020, No on and after August 24, 2020 See § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. § 63.10(b)(2) (vii)-(xii) Records Yes § 63.10(b)(2) (xiii) No § 63.10(b)(2) (xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(5)-(6) Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.3512(i) for records of periods of deviation from the standard, including instances where a CMS is inoperative or out-of-control. § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the Startup, Shutdown, and Malfunction Plan Yes before August 24, 2020, No on and after August 24, 2020 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.3511. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.3511(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart KKKK does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources with Compliance Extensions Yes § 63.10(d)(5) Startup, Shutdown, Malfunction Reports Yes before August 24, 2020, No on and after August 24, 2020 See § 63.3511(a)(7) and (8). § 63.10(e)(1)-(2) Additional CMS Reports No § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.3511(b) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart KKKK does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart KKKK does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13(a) Addresses Yes before August 24, 2020, No on and after August 24, 2020 § 63.13(b) Submittal to State Agencies Yes § 63.13(c) Submittal to State Agencies Yes before August 24, 2020, No unless the state requires the submittal via CEDRI, on and after August 24, 2020 § 63.14 Incorporation by Reference Yes § 63.15 Availability of Information/Confidentiality Yes [85 FR 10856, Feb. 25, 2020, as amended at 85 FR 73905, Nov. 19, 2020] Table 6 to Subpart KKKK of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent/solvent blend CAS. No. Average Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% Xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% Xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% Xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% Toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% Naphthalene, 4% biphenyl. Table 7 to Subpart KKKK of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent type Average Typical Aliphatic b 0.03 1% Xylene, 1% toluene, and 1% ehylbenzene. Aromatic c 0.06 4% Xylene, 1% toluene, and 1% ethylbenzene. a b E.g., c E.g., Table 8 to Subpart KKKK of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [85 FR 10860, Feb. 25, 2020] Subpart MMMM—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products Source: 69 FR 157, Jan. 2, 2004, unless otherwise noted. What This Subpart Covers § 63.3880 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for miscellaneous metal parts and products surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.3881 Am I subject to this subpart? (a) Miscellaneous metal parts and products include, but are not limited to, metal components of the following types of products as well as the products themselves: motor vehicle parts and accessories, bicycles and sporting goods, recreational vehicles, extruded aluminum structural components, railroad cars, heavy duty trucks, medical equipment, lawn and garden equipment, electronic equipment, magnet wire, steel drums, industrial machinery, metal pipes, and numerous other industrial, household, and consumer products. Except as provided in paragraph (c) of this section, the source category to which this subpart applies is the surface coating of any miscellaneous metal parts or products, as described in paragraph (a)(1) of this section, and it includes the subcategories listed in paragraphs (a)(2) through (6) of this section. (1) Surface coating is the application of coating to a substrate using, for example, spray guns or dip tanks. When application of coating to a substrate occurs, then surface coating also includes associated activities, such as surface preparation, cleaning, mixing, and storage. However, these activities do not comprise surface coating if they are not directly related to the application of the coating. Coating application with handheld, non-refillable aerosol containers, touch-up markers, marking pens, or the application of paper film or plastic film which may be pre-coated with an adhesive by the manufacturer are not coating operations for the purposes of this subpart. (2) The general use coating subcategory includes all surface coating operations that are not high performance, magnet wire, rubber-to-metal, or extreme performance fluoropolymer coating operations. (3) The high performance coating subcategory includes surface coating operations that are performed using coatings that meet the definition of high performance architectural coating or high temperature coating in § 63.3981. (4) The magnet wire coating subcategory includes surface coating operations that are performed using coatings that meet the definition of magnet wire coatings in § 63.3981. (5) The rubber-to-metal coatings subcategory includes surface coating operations that are performed using coatings that meet the definition of rubber-to-metal coatings in § 63.3981. (6) The extreme performance fluoropolymer coatings subcategory includes surface coating operations that are performed using coatings that meet the definition of extreme performance fluoropolymer coatings in § 63.3981. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.3882, that uses 946 liters (250 gallons (gal)) per year, or more, of coatings that contain hazardous air pollutants (HAP) in the surface coating of miscellaneous metal parts and products defined in paragraph (a) of this section; and that is a major source, is located at a major source, or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. You do not need to include coatings that meet the definition of non-HAP coating contained in § 63.3981 in determining whether you use 946 liters (250 gal) per year, or more, of coatings in the surface coating of miscellaneous metal parts and products. (c) This subpart does not apply to surface coating or a coating operation that meets any of the criteria of paragraphs (c)(1) through (17) of this section. (1) A coating operation conducted at a facility where the facility uses only coatings, thinners and other additives, and cleaning materials that contain no organic HAP, as determined according to § 63.3941(a). (2) Surface coating operations that occur at research or laboratory facilities, or is part of janitorial, building, and facility maintenance operations, or that occur at hobby shops that are operated for noncommercial purposes. (3) Coatings used in volumes of less than 189 liters (50 gal) per year, provided that the total volume of coatings exempt under this paragraph does not exceed 946 liters (250 gal) per year at the facility. (4) The surface coating of metal parts and products performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State) or the National Aeronautics and Space Administration, or the surface coating of military munitions manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State). (5) Surface coating where plastic is extruded onto metal wire or cable or metal parts or products to form a coating. (6) Surface coating of metal components of wood furniture that meet the applicability criteria for wood furniture manufacturing (subpart JJ of this part). (7) Surface coating of metal components of large appliances that meet the applicability criteria for large appliance surface coating (subpart NNNN of this part). (8) Surface coating of metal components of metal furniture that meet the applicability criteria for metal furniture surface coating (subpart RRRR of this part). (9) Surface coating of metal components of wood building products that meet the applicability criteria for wood building products surface coating (subpart QQQQ of this part). (10) Surface coating of metal components of aerospace vehicles that meet the applicability criteria for aerospace manufacturing and rework (40 CFR part 63, subpart GG). (11) Surface coating of metal parts intended for use in an aerospace vehicle or component using specialty coatings as defined in appendix A to subpart GG of this part. (12) Surface coating of metal components of ships that meet the applicability criteria for shipbuilding and ship repair (subpart II of this part). (13) Surface coating of metal using a web coating process that meets the applicability criteria for paper and other web coating (subpart JJJJ of this part). (14) Surface coating of metal using a coil coating process that meets the applicability criteria for metal coil coating (subpart SSSS of this part). (15) Surface coating of boats or metal parts of boats (including, but not limited to, the use of assembly adhesives) where the facility meets the applicability criteria for boat manufacturing facilities (subpart VVVV of this part), except where the surface coating of the boat is a metal coating operation performed on personal watercraft or parts of personal watercraft. This subpart does apply to metal coating operations performed on personal watercraft and parts of personal watercraft. (16) Surface coating of assembled on-road vehicles that meet the applicability criteria for the assembled on-road vehicle subcategory in plastic parts and products surface coating (40 CFR part 63, subpart PPPP). (17) Surface coating of metal components of automobiles and light-duty trucks that meets the applicability criteria in § 63.3082(b) for the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) at a facility that meets the applicability criteria in § 63.3081(b). (d) If your facility meets the applicability criteria in § 63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII), and you perform surface coating of metal parts or products that meets both the applicability criteria in § 63.3082(c) and the applicability criteria of the Surface Coating of Miscellaneous Metal Parts and Products (40 CFR part 63, subpart MMMM), then for the surface coating of any or all of your metal parts or products that meets the applicability criteria in § 63.3082(c), you may choose to comply with the requirements of subpart IIII of this part in lieu of complying with the Surface Coating of Miscellaneous Metal Parts and Products NESHAP. Surface coating operations on metal parts or products (e.g., parts for motorcycles or lawnmowers) not intended for use in automobiles, light-duty trucks, or other motor vehicles as defined in § 63.3176 cannot be made part of your affected source under subpart IIII of this part. (e) If you own or operate an affected source that meets the applicability criteria of this subpart and at the same facility you also perform surface coating that meets the applicability criteria of any other final surface coating NESHAP in this part you may choose to comply as specified in paragraph (e)(1), (2), or (3) of this section. (1) You may have each surface coating operation that meets the applicability criteria of a separate NESHAP comply with that NESHAP separately. (2) You may comply with the emission limitation representing the predominant surface coating activity at your facility, as determined according to paragraphs (e)(2)(i) and (ii) of this section. However, you may not establish high performance, rubber-to-metal, or extreme performance fluoropolymer coating operations as the predominant activity. You must not consider any surface coating activity that is subject to the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in determining the predominant surface coating activity at your facility. (i) If a surface coating operation accounts for 90 percent or more of the surface coating activity at your facility (that is, the predominant activity), then compliance with the emission limitations of the predominant activity for all surface coating operations constitutes compliance with these and other applicable surface coating NESHAP. In determining predominant activity, you must include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than 1 percent of total coating activities at your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of coating activities need not be included in the determination of predominant activity but must be included in the compliance calculation. (ii) You must use liters (gal) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative volume of coating solids used from parameters other than coating consumption and volume solids content ( e.g., (3) You may comply with a facility-specific emission limit calculated from the relative amount of coating activity that is subject to each emission limit. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limitations in this subpart for all surface coating operations constitutes compliance with this and other applicable surface coating NESHAP. The procedures for calculating the facility-specific emission limit are specified in § 63.3890. In calculating a facility-specific emission limit, you must include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than 1 percent of total coating activities at your facility. You must not consider any surface coating activity that is subject to the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in determining a facility-specific emission limit for your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of total coating activities need not be included in the calculation of the facility-specific emission limit but must be included in the compliance calculations. [69 FR 157, Jan. 2, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 71 FR 76927, Dec. 22, 2006] § 63.3882 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source within each of the four subcategories listed in § 63.3881(a). (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of miscellaneous metal parts and products within each subcategory. (1) All coating operations as defined in § 63.3981; (2) All storage containers and mixing vessels in which coatings, thinners and/or other additives, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers used for conveying coatings, thinners and/or other additives, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) An affected source is a new affected source if you commenced its construction after August 13, 2002 and the construction is of a completely new miscellaneous metal parts and products surface coating facility where previously no miscellaneous metal parts and products surface coating facility had existed. (d) An affected source is reconstructed if it meets the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.3883 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.3940, 63.3950, and 63.3960. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before January 2, 2004, the compliance date is January 2, 2004. (2) If the initial startup of your new or reconstructed affected source occurs after January 2, 2004, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is the date 3 years after January 2, 2004. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or January 2, 2004, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after January 2, 2004, whichever is later. (d) You must meet the notification requirements in § 63.3910 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.3890 What emission limits must I meet? (a) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs (a)(1) through (5) of this section, except as specified in paragraph (c) of this section, determined according to the requirements in § 63.3941, § 63.3951, or § 63.3961. (1) For each new general use coating affected source, limit organic HAP emissions to no more than 0.23 kilograms (kg) (1.9 pound (lb)) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (2) For each new high performance coating affected source, limit organic HAP emissions to no more than 3.3 kg (27.5 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (3) For each new magnet wire coating affected source, limit organic HAP emissions to no more than 0.050 kg (0.44 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (4) For each new rubber-to-metal coating affected source, limit organic HAP emissions to no more than 0.81 kg (6.8 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (5) For each new extreme performance fluoropolymer coating affected source, limit organic HAP emissions to no more than 1.5 kg (12.4 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (b) For an existing affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs (b)(1) through (5) of this section, except as specified in paragraph (c) of this section, determined according to the requirements in § 63.3941, § 63.3951, or § 63.3961. (1) For each existing general use coating affected source, limit organic HAP emissions to no more than 0.31 kg (2.6 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (2) For each existing high performance coating affected source, limit organic HAP emissions to no more than 3.3 kg (27.5 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (3) For each existing magnet wire coating affected source, limit organic HAP emissions to no more than 0.12 kg (1.0 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (4) For each existing rubber-to-metal coating affected source, limit organic HAP emissions to no more than 4.5 kg (37.7 lb) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (5) For each existing extreme performance fluoropolymer coating affected source, limit organic HAP emissions to no more than 1.5 kg (12.4 lbs) organic HAP per liter (gal) coating solids used during each 12-month compliance period. (c) If your facility's surface coating operations meet the applicability criteria of more than one of the subcategory emission limits specified in paragraphs (a) or (b) of this section, you may comply separately with each subcategory emission limit or comply using one of the alternatives in paragraph (c)(1) or (2) of this section. (1) If the general use or magnet wire surface coating operations subject to only one of the emission limits specified in paragraphs (a)(1), (3), (b)(1), or (3) of this section account for 90 percent or more of the surface coating activity at your facility ( i.e., e.g., (2) You may calculate and comply with a facility-specific emission limit as described in paragraphs (c)(2)(i) through (iii) of this section. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limitations in this subpart for all surface coating operations constitutes compliance with this and other applicable surface coating NESHAP. In calculating a facility-specific emission limit, you must include coating activities that meet the applicability criteria of the other subcategories and constitute more than 1 percent of total coating activities. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of coating activities need not be included in the determination of predominant activity but must be included in the compliance calculation. (i) You are required to calculate the facility-specific emission limit for your facility when you submit the notification of compliance status required in § 63.3910(c), and on a monthly basis afterward using the coating data for the relevant 12-month compliance period. (ii) Use Equation 1 of this section to calculate the facility-specific emission limit for your surface coating operations for each 12-month compliance period. Where: Facility-specific emission limit = Facility-specific emission limit for each 12-month compliance period, kg (lb) organic HAP per kg (lb) coating solids used. Limit i Solids i e.g., n = The number of different coating operations included in the facility-specific emission limit. (iii) If you need to convert an emission limit in another surface coating NESHAP from kg (lb) organic HAP per kg (lb) coating solids used to kg (lb) organic HAP per liter (gal) coating solids used, you must use the default solids density of 1.26 kg solids per liter coating solids (10.5 lb solids per gal solids). § 63.3891 What are my options for meeting the emission limits? You must include all coatings (as defined in § 63.3981), thinners and/or other additives, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.3890. To make this determination, you must use at least one of the three compliance options listed in paragraphs (a) through (c) of this section. You may apply any of the compliance options to an individual coating operation, or to multiple coating operations as a group, or to the entire affected source. You may use different compliance options for different coating operations, or at different times on the same coating operation. You may employ different compliance options when different coatings are applied to the same part, or when the same coating is applied to different parts. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.3930(c), and you must report it in the next semiannual compliance report required in § 63.3920. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. § 63.3892 What operating limits must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any operating limits. (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.3961(j), you must meet the operating limits specified in Table 1 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during the performance test according to the requirements in § 63.3967. You must meet the operating limits at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 1 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). § 63.3893 What work practice standards must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. (b) If you use the emission rate with add-on controls option, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners and/or other additives, and cleaning materials used in, and waste materials generated by the controlled coating operation(s) for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be stored in closed containers. (2) Spills of organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), we, the U.S. Environmental Protection Agency, may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.3900 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) and (2) of this section. (1) Any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, as specified in § 63.3891(a) and (b), must be in compliance with the applicable emission limit in § 63.3890 at all times. (2) Any coating operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.3891(c), must be in compliance with the emission limitations as specified in paragraphs (a)(2)(i) through (iii) of this section. (i) Before January 5, 2021, the coating operation(s) must be in compliance with the applicable emission limit in § 63.3890 at all times except during periods of SSM. On or after January 5, 2021, you must be in compliance with the applicable emission limits in § 63. 3890 and the operating limits in table 1 of this subpart at all times. (ii) Before January 5, 2021, the coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3892 at all times except during periods of SSM and except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j). On or after January 5, 2021, the coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.3892 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j). (iii) The coating operation(s) must be in compliance with the work practice standards in § 63.3893 at all times. (b) Before January 5, 2021, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before January 5, 2021, if your affected source uses an emission capture system and add-on control device, you must develop a written SSMP according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. On and after January 5, 2021, the SSMP is not required. [69 FR 157, Jan. 2, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 FR 41138, July 8, 2020] § 63.3901 What parts of the General Provisions apply to me? Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.3910 What notifications must I submit? (a) General. (b) Initial notification. (c) Notification of compliance status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.3940, § 63.3950, or § 63.3960 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.3891 that you used on each coating operation in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.3890, include all the calculations you used to determine the kg (lb) of organic HAP emitted per liter (gal) coating solids used. You do not need to submit information provided by the materials' suppliers or manufacturers, or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data may include a copy of the information provided by the supplier or manufacturer of the example coating or material, or a summary of the results of testing conducted according to § 63.3941(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating, for one thinner and/or other additive, and for one cleaning material. (ii) Volume fraction of coating solids for one coating. (iii) Density for one coating, one thinner and/or other additive, and one leaning material, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.3951. (8) The calculation of kg (lb) of organic HAP emitted per liter (gal) coating solids used for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section. (i) For the compliant material option, provide an example calculation of the organic HAP content for one coating, using Equation 2 of § 63.3941. (ii) For the emission rate without add-on controls option, provide the calculation of the total mass of organic HAP emissions for each month; the calculation of the total volume of coating solids used each month; and the calculation of the 12-month organic HAP emission rate using Equations 1 and 1A through 1C, 2, and 3, respectively, of § 63.3951. (iii) For the emission rate with add-on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.3951; the calculation of the total volume of coating solids used each month using Equation 2 of § 63.3951; the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.3961 and Equations 2, 3, and 3A through 3C of § 63.3961 as applicable; the calculation of the total mass of organic HAP emissions each month using Equation 4 of § 63.3961; and the calculation of the 12-month organic HAP emission rate using Equation 5 of § 63.3961. (9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (c)(9)(i) through (iv) of this section, except that the requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.3893. (10) If you are complying with a single emission limit representing the predominant activity under § 63.3890(c)(1), include the calculations and supporting information used to demonstrate that this emission limit represents the predominant activity as specified in § 63.3890(c)(1). (11) If you are complying with a facility-specific emission limit under § 63.3890(c)(2), include the calculation of the facility-specific emission limit and any supporting information as specified in § 63.3890(c)(2). [69 FR 157, Jan. 2, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 85 FR 73906, Nov. 19, 2020] § 63.3920 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.3940, § 63.3950, or § 63.3960 that applies to your affected source and ends on June 30 or December 31, whichever date is the first date following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. (iv) Identification of the compliance option or options specified in § 63.3891 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates for each option you used. (v) If you used the emission rate without add-on controls or the emission rate with add-on controls compliance option (§ 63.3891(b) or (c)), the calculation results for each rolling 12-month organic HAP emission rate during the 6-month reporting period. (vi) If you used the predominant activity alternative (§ 63.3890(c)(1)), include the annual determination of predominant activity if it was not included in the previous semi-annual compliance report. (vii) If you used the facility-specific emission limit alternative (§ 63.3890(c)(2)), include the calculation of the facility-specific emission limit for each 12-month compliance period during the 6-month reporting period. (4) No deviations. (5) Deviations: Compliant material option. (i) Identification of each coating used that deviated from the applicable emission limit, and each thinner and/or other additive, and cleaning material used that contained organic HAP, and the dates, time and duration each was used. (ii) The calculation of the organic HAP content (using Equation 2 of § 63.3941) for each coating identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iii) The determination of mass fraction of organic HAP for each thinner and/or other additive, and cleaning material identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3900(b). (6) Deviations: Emission rate without add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.3890. (ii) The calculations used to determine the 12-month organic HAP emission rate for the compliance period in which the deviation occurred. You must submit the calculations for Equations 1, 1A through 1C, 2, and 3 of § 63.3951; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3951(e)(4). You do not need to submit background data supporting these calculations ( e.g., (iii) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (iv) On and after January 5, 2021, the number of deviations and, for each deviation, the date, time, duration, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.3900(b). (7) Deviations: Emission rate with add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.3890. (ii) The calculations used to determine the 12-month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1 and 1A through 1C of § 63.3951; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3951(e)(4); the calculation of the total volume of coating solids used each month using Equation 2 of § 63.3951; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.3961, and Equations 2, 3, and 3A through 3C of § 63.3961, as applicable; the calculation of the total mass of organic HAP emissions each month using Equation 4 of § 63.3961; and the calculation of the 12-month organic HAP emission rate using Equation 5 of § 63.3961. You do not need to submit the background data supporting these calculations ( e.g., (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, the number of instances that the CPMS was inoperative, and for each instance, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.3900(b). (vii) Before January 5, 2021, the date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). On and after January 5, 2021, the number of instances that the CPMS was out of control as specified in § 63.8(c)(7) and, for each instance, the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the number of deviations from an operating limit in table 1 to this subpart and, for each deviation, the date, time, and duration of each deviation; and the date, time, and duration of any bypass of the add-on control device. (ix) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and each bypass of the add-on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period. (x) Before January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 of this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xiii) Before January 5, 2021, for each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(7)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.3900(b). (B) The description required in paragraph (a)(7)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable). (xiv) Before January 5, 2021, statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limit in § 63.3890 or an operating limit in table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable) and the actions you took to minimize emissions in accordance with § 63.3900(b). (xv) On and after January 5, 2021, for each deviation from an emission limit in § 63.3890 or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.3890 or operating limit in table 1 to this subpart, and a description of the method used to estimate the emissions. (b) Performance test reports. (c) SSM reports. (1) If your actions were consistent with your startup, shutdown, and malfunction plan, you must include the information specified in § 63.10(d) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) Performance test reports. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov// (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (d)(1) of this section. (e) Initial notification reports. https://cdx.epa.gov/ (f) Semiannual compliance reports. https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (g) Reporting during EPA system outages. (h) Reporting during force majeure events. e.g., e.g., [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41138, July 8, 2020] § 63.3930 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. If you are using the predominant activity alternative under § 63.3890(c), you must keep records of the data and calculations used to determine the predominant activity. If you are using the facility-specific emission limit alternative under § 63.3890(c), you must keep records of the data used to calculate the facility-specific emission limit for the initial compliance demonstration. You must also keep records of any data used in each annual predominant activity determination and in the calculation of the facility-specific emission limit for each 12-month compliance period included in the semi-annual compliance reports. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP and density for each coating, thinner and/or other additive, and cleaning material, and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraphs (c)(1) through (4) of this section. (1) A record of the coating operations on which you used each compliance option and the time periods (beginning and ending dates and times) for each option you used. (2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 2 of § 63.3941. (3) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1, 1A through 1C, and 2 of § 63.3951; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3951(e)(4); the calculation of the total volume of coating solids used each month using Equation 2 of § 63.3951; and the calculation of each 12-month organic HAP emission rate using Equation 3 of § 63.3951. (4) For the emission rate with add-on controls option, records of the calculations specified in paragraphs (c)(4)(i) through (v) of this section. (i) The calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1 and 1A through 1C of § 63.3951 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.3951(e)(4); (ii) The calculation of the total volume of coating solids used each month using Equation 2 of § 63.3951; (iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.3961 and Equations 2, 3, and 3A through 3C of § 63.3961, as applicable; (iv) The calculation of each month's organic HAP emission rate using Equation 4 of § 63.3961; and (v) The calculation of each 12-month organic HAP emission rate using Equation 5 of § 63.3961. (d) A record of the name and volume of each coating, thinner and/or other additive, and cleaning material used during each compliance period. If you are using the compliant material option for all coatings at the source, you may maintain purchase records for each material used rather than a record of the volume used. (e) A record of the mass fraction of organic HAP for each coating, thinner and/or other additive, and cleaning material used during each compliance period unless the material is tracked by weight. (f) A record of the volume fraction of coating solids for each coating used during each compliance period. (g) If you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, the density for each coating, thinner and/or other additive, and cleaning material used during each compliance period. (h) If you use an allowance in Equation 1 of § 63.3951 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility (TSDF) according to § 63.3951(e)(4), you must keep records of the information specified in paragraphs (h)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.3951; a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility; and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.3951. (3) The methodology used in accordance with § 63.3951(e)(4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (i) [Reserved] (j) Before January 5, 2021, you must keep records of the date, time, and duration of each deviation. On and after January 5, 2021, for each deviation from an emission limitation reported under § 63.3920(a)(5) through (7), a record of the information specified in paragraphs (j)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.3920(a)(5) through (7). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.3920(a)(5) through (7). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.3890 or any applicable operating limit in table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.3920(a)(5) through (7). (4) A record of actions taken to minimize emissions in accordance with § 63.3900(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (k) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (k)(1) through (8) of this section. (1) Before January 5, 2021, for each deviation, a record of whether the deviation occurred during a period of SSM. On and after January 5, 2021, a record of whether the deviation occurred during a period of SSM is not required. (2) Before January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM are not required. (3) The records required to show continuous compliance with each operating limit specified in Table 1 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.3965(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.3964 and 63.3965(b) through (e), including the records specified in paragraphs (k)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-uncaptured gas protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (k)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.3966. (i) Records of each add-on control device performance test conducted according to §§ 63.3964 and 63.3966. (ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.3967 and to document compliance with the operating limits as specified in Table 1 to this subpart. (8) A record of the work practice plan required by § 63.3893 and documentation that you are implementing the plan on a continuous basis. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020] § 63.3931 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record according to § 63.10(b)(1). You may keep the records off-site for the remaining 3 years. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020] Compliance Requirements for the Compliant Material Option § 63.3940 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.3941. The initial compliance period begins on the applicable compliance date specified in § 63.3883 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through that month plus the next 12 months. The initial compliance demonstration includes the calculations according to § 63.3941 and supporting documentation showing that during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.3890, and that you used no thinners and/or other additives, or cleaning materials that contained organic HAP as determined according to § 63.3941(a). § 63.3941 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limits in § 63.3890 and must use no thinner and/or other additive, or cleaning material that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.3892 and 63.3893, respectively. You must conduct a separate initial compliance demonstration for each general use, high performance, magnet wire, rubber-to-metal, and extreme performance fluoropolymer coating operation unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.3890(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.3890(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. Use the procedures in this section on each coating, thinner and/or other additive, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the organic HAP content of coatings, thinners and/or other additives, and cleaning materials that are reclaimed on-site (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coating operation for which you use the compliant material option, provided these materials in their condition as received were demonstrated to comply with the compliant material option. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e.g., (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e.g., (2) Method 24 (appendix A to 40 CFR part 60). (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the volume fraction of coating solids for each coating. (1) ASTM Method D2697-03 (Reapproved 2014) or D6093-97 (Reapproved 2016). see see (2) Alternative method. (3) Information from the supplier or manufacturer of the material. (4) Calculation of volume fraction of coating solids. Where: V s m volatiles D avg see (c) Determine the density of each coating. see (d) Determine the organic HAP content of each coating. Where: H c D c W c V s (e) Compliance demonstration. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020] § 63.3942 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period to demonstrate continuous compliance, you must use no coating for which the organic HAP content (determined using Equation 2 of § 63.3941) exceeds the applicable emission limit in § 63.3890, and use no thinner and/or other additive, or cleaning material that contains organic HAP, determined according to § 63.3941(a). A compliance period consists of 12 months. Each month, after the end of the initial compliance period described in § 63.3940, is the end of a compliance period consisting of that month and the preceding 11 months. If you are complying with a facility-specific emission limit under § 63.3890(c), you must also perform the calculation using Equation 1 in § 63.3890(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner and/or other additive, or cleaning material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(5). (c) As part of each semiannual compliance report required by § 63.3920, you must identify the coating operation(s) for which you used the compliant material option. If there were no deviations from the applicable emission limit in § 63.3890, submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in § 63.3890, and you used no thinner and/or other additive, or cleaning material that contained organic HAP, determined according to § 63.3941(a). (d) You must maintain records as specified in §§ 63.3930 and 63.3931. Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.3950 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3951. The initial compliance period begins on the applicable compliance date specified in § 63.3883 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the calculations according to § 63.3951 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.3890. § 63.3951 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.3890, but is not required to meet the operating limits or work practice standards in §§ 63.3892 and 63.3893, respectively. You must conduct a separate initial compliance demonstration for each general use, magnet wire, rubber-to-metal, and extreme performance fluoropolymer coating operation unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.3890(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.3890(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners and/or other additives, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coating operation for which you use the emission rate without add-on controls option. If you use coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site, the amount of each used in a month may be reduced by the amount of each that is reclaimed. That is, the amount used may be calculated as the amount consumed to account for materials that are reclaimed. (a) Determine the mass fraction of organic HAP for each material. (b) Determine the volume fraction of coating solids. (c) Determine the density of each material. see see (d) Determine the volume of each material used. (e) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coatings used during the month, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinners and/or other additives used during the month, kg, as calculated in Equation 1B of this section. C = Total mass of organic HAP in the cleaning materials used during the month, kg, as calculated in Equation 1C of this section. R w w (1) Calculate the kg organic HAP in the coatings used during the month using Equation 1A of this section: Where: A = Total mass of organic HAP in the coatings used during the month, kg. Vol c,i D c,i W c,i m = Number of different coatings used during the month. (2) Calculate the kg of organic HAP in the thinners and/or other additives used during the month using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinners and/or other additives used during the month, kg. Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used during the month. (3) Calculate the kg organic HAP in the cleaning materials used during the month using Equation 1C of this section: Where: C = Total mass of organic HAP in the cleaning materials used during the month, kg. Vol s,k D s,k W s,k p = Number of different cleaning materials used during the month. (4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine the mass according to paragraphs (e)(4)(i) through (iv) of this section. (i) You may only include waste materials in the determination that are generated by coating operations in the affected source for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater. (ii) You must determine either the amount of the waste materials sent to a TSDF during the month or the amount collected and stored during the month and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a month if you have already included them in the amount collected and stored during that month or a previous month. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section. (iv) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.3930(h). If waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total volume of coating solids used. Where: V st Vol c,i V s,i m = Number of coatings used during the month. (g) Calculate the organic HAP emission rate. Where: H yr H e V st y = Identifier for months. n = Number of full or partial months in the compliance period (for the initial compliance period, n equals 12 if the compliance date falls on the first day of a month; otherwise n equals 13; for all following compliance periods, n equals 12). (h) Compliance demonstration. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41141, July 8, 2020] § 63.3952 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, determined according to § 63.3951(a) through (g), must be less than or equal to the applicable emission limit in § 63.3890. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3950 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.3951(a) through (g) on a monthly basis using data from the previous 12 months of operation. If you are complying with a facility-specific emission limit under § 63.3890(c), you must also perform the calculation using Equation 1 in § 63.3890(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.3890, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(6). (c) As part of each semiannual compliance report required by § 63.3920, you must identify the coating operation(s) for which you used the emission rate without add-on controls option. If there were no deviations from the emission limitations, you must submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3890, determined according to § 63.3951(a) through (g). (d) You must maintain records as specified in §§ 63.3930 and 63.3931. Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.3960 By what date must I conduct performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3883. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3964, 63.3965, and 63.3966 and establish the operating limits required by § 63.3892. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.3961(j), you must initiate the first material balance no later than the applicable compliance date specified in § 63.3883. For magnet wire coating operations, you may, with approval, conduct a performance test of one representative magnet wire coating machine for each group of identical or very similar magnet wire coating machines. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3892 no later than 180 days after the applicable compliance date specified in § 63.3883. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.3892 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3967(b) and following the catalyst maintenance procedures in § 63.3967(b)(4), you are not required to conduct periodic testing control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. (2) You must develop and begin implementing the work practice plan required by § 63.3893 no later than the compliance date specified in § 63.3883. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3961. The initial compliance period begins on the applicable compliance date specified in § 63.3883 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coatings solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3964, 63.3965, and 63.3966; results of liquid-liquid material balances conducted according to § 63.3961(j); calculations according to § 63.3961 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.3890; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3968; and documentation of whether you developed and implemented the work practice plan required by § 63.3893. (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.3892 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section for your affected source on the date you complete the performance tests. For magnet wire coating operations, you must begin complying with the operating limits for all identical or very similar magnet wire coating machines on the date you complete the performance test of a representative magnet wire coating machine. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.3961(j). (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.3883. Except for magnet wire coating operations and solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.3961(j), you must conduct according to the schedule in paragraphs (b)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.3964, 63.3965, and 63.3966 and establish the operating limits required by § 63.3892. For magnet wire coating operations, you may, with approval, conduct a performance test of a single magnet wire coating machine that represents identical or very similar magnet wire coating machines. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.3961(j), you must initiate the first material balance no later than the compliance date specified in § 63.3883. (i) You must conduct the initial performance test and establish the operating limits required by § 63.3892 no later than 180 days after the applicable compliance date specified in § 63.3883. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.3892 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2020, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.3967(b) and following the catalyst maintenance procedures in § 63.3967(b)(4), you are not required to conduct periodic testing control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. (2) You must develop and begin implementing the work practice plan required by § 63.3893 no later than the compliance date specified in § 63.3883. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.3961. The initial compliance period begins on the applicable compliance date specified in § 63.3883 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coatings solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.3964, 63.3965, and 63.3966; results of liquid-liquid material balances conducted according to § 63.3961(j); calculations according to § 63.3961 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.3890; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.3968; and documentation of whether you developed and implemented the work practice plan required by § 63.3893. (c) You are not required to conduct an initial performance test to determine capture efficiency or destruction efficiency of a capture system or control device if you receive approval to use the results of a performance test that has been previously conducted on that capture system or control device. Any such previous tests must meet the conditions described in paragraphs (c)(1) through (3) of this section. You are still required to conduct a periodic performance test according to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) of this section. (1) The previous test must have been conducted using the methods and conditions specified in this subpart. (2) Either no process or equipment changes have been made since the previous test was performed or the owner or operator must be able to demonstrate that the results of the performance test, reliably demonstrate compliance despite process or equipment changes. (3) Either the required operating parameters were established in the previous test or sufficient data were collected in the previous test to establish the required operating parameters. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41142, July 8, 2020] § 63.3961 How do I demonstrate initial compliance? (a) You may use the emission rate with add-on controls option for any coating operation, for any group of coating operations in the affected source, or for all of the coating operations in the affected source. You may include both controlled and uncontrolled coating operations in a group for which you use this option. You must use either the compliant material option or the emission rate without add-on controls option for any coating operation in the affected source for which you do not use the emission rate with add-on controls option. To demonstrate initial compliance, the coating operation(s) for which you use the emission rate with add-on controls option must meet the applicable emission limitations in §§ 63.3890, 63.3892, and 63.3893. You must conduct a separate initial compliance demonstration for each general use, magnet wire, rubber-to-metal, and extreme performance fluoropolymer coating operation, unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.3890(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners and/or other additives, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate without add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners and/or other additives, or cleaning materials that have been reclaimed onsite (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coatings operation(s) for which you use the emission rate with add-on controls option. If you use coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site, the amount of each used in a month may be reduced by the amount of each that is reclaimed. That is, the amount used may be calculated as the amount consumed to account for materials that are reclaimed. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of organic HAP, density, volume used, and volume fraction of coating solids. (f) Calculate the total mass of organic HAP emissions before add-on controls. (g) Calculate the organic HAP emission reduction for each controlled coating operation. (h) Calculate the organic HAP emission reduction for each controlled coating operation not using liquid-liquid material balance. Where: H C A C B C C C R W W H UNC CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.3964 and 63.3965 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.3964 and 63.3966 to measure and record the organic HAP destruction or removal efficiency. (1) Calculate the mass of organic HAP in the coatings used in the controlled coating operation, kg (lb), using Equation 1A of this section: Where: A C Vol c,i D c,i W c,i m = Number of different coatings used. (2) Calculate the mass of organic HAP in the thinners and/or other additives used in the controlled coating operation, kg (lb), using Equation 1B of this section: Where: B C Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used. (3) Calculate the mass of organic HAP in the cleaning materials used in the controlled coating operation during the month, kg (lb), using Equation 1C of this section: Where: C C Vol s,k D s,k W s,k p = Number of different cleaning materials used. (4) Calculate the mass of organic HAP in the coatings, thinners and/or other additives, and cleaning materials used in the controlled coating operation during deviations specified in § 63.3963(c) and (d), using Equation 1D of this section: Where: H UNC Vol h D h W h q = Number of different coatings, thinners and/or other additives, and cleaning materials used. (i) [Reserved] (j) Calculate the organic HAP emission reduction for each controlled coating operation using liquid-liquid material balances. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each month. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the month, based on measurement with the device required in paragraph (j)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015) e see e (4) Determine the density of each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg per liter, according to § 63.3951(c). (5) Measure the volume of each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, liters. (6) Each month, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section: Where: R V M VR Vol i D i WV c,i Vol j D j WV t,j Vol k D k WV s,k m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the month. n = Number of different thinners and/or other additives used in the coating operation controlled by the solvent recovery system during the month. p = Number of different cleaning materials used in the coating operation controlled by the solvent recovery system during the month. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the month, using Equation 3 of this section and according to paragraphs (j)(7)(i) through (iii) of this section: Where: H CSR A CSR B CSR C CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, kg, using Equation 3A of this section. Where: A CSR Vol c,i D c,i W c,i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners and/or other additives used in the coating operation controlled by the solvent recovery system, kg, using Equation 3B of this section: Where: B CSR Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used. (iii) Calculate the mass of organic HAP in the cleaning materials used in the coating operation controlled by the solvent recovery system during the month, kg, using Equation 3C of this section: Where: C CSR Vol s,k D s,k W s,k p = Number of different cleaning materials used. (k) Calculate the total volume of coating solids used. (l) Calculate the mass of organic HAP emissions for each month. where: H HAP H e H C,i H CSR,j q = Number of controlled coating operations not controlled by a solvent recovery system using a liquid-liquid material balance. r = Number of coating operations controlled by a solvent recovery system using a liquid-liquid material balance. (m) Calculate the organic HAP emission rate for the compliance period. Where: H annual H HAP,y V st,y y = Identifier for months. n = Number of full or partial months in the compliance period (for the initial compliance period, n equals 12 if the compliance date falls on the first day of a month; otherwise n equals 13; for all following compliance periods, n equals 12). (n) Compliance demonstration. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020] § 63.3962 [Reserved] § 63.3963 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.3890, the organic HAP emission rate for each compliance period, determined according to the procedures in § 63.3961, must be equal to or less than the applicable emission limit in § 63.3890. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.3960 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.3961 on a monthly basis using data from the previous 12 months of operation. If you are complying with a facility-specific emission limit under § 63.3890(c), you must also perform the calculation using Equation 1 in § 63.3890(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.3890, this is a deviation from the emission limitation for that compliance period that must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.3892 that applies to you, as specified in Table 1 to this subpart, when the coating line is in operation. (1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation, unless you have other data indicating the actual efficiency of the emission capture system and add-on control device and the use of these data is approved by the Administrator. (d) You must meet the requirements for bypass lines in § 63.3968(b) for controlled coating operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(7). For the purposes of completing the compliance calculations specified in §§ 63.3961(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation as indicated in Equation 1 of § 63.3961. (e) You must demonstrate continuous compliance with the work practice standards in § 63.3893. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.3930(k)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.3910(c)(6) and 63.3920(a)(7). (f) As part of each semiannual compliance report required in § 63.3920, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limits in § 63.3890, the operating limits in § 63.3892, and the work practice standards in § 63.3893, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.3890, and you achieved the operating limits required by § 63.3892 and the work practice standards required by § 63.3893 during each compliance period. (g)-(h) [Reserved] (i) On and after January 5, 2021, deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.3900(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.3900(b). (j) You must maintain records as specified in §§ 63.3930 and 63.3931. [69 FR 157, Jan. 2, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 FR 41143, July 8, 2020] § 63.3964 What are the general requirements for performance tests? (a) Before January 5, 2021, you must conduct each performance test required by § 63.3960 according to the requirements in § 63.7(e)(1) and under the conditions in this section, unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after January 5, 2021, you must conduct each performance test required by § 63.3960 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.3965. You must conduct each performance test of an add-on control device according to the requirements in § 63.3966. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020] § 63.3965 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of each performance test required by § 63.3960. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings, thinners and/or other additives, and cleaning materials used in the coating operation are applied within the capture system; coating solvent flash-off, curing, and drying occurs within the capture system; and the removal or evaporation of cleaning materials from the surfaces they are applied to occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners and/or other additives, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating, thinner and/or other additive, and cleaning material used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term VOC in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings, thinners and/or other additives, and cleaning materials used in the coating operation during each capture efficiency test run: Where: TVH used TVH i Vol i D i n = Number of different coatings, thinners and/or other additives, and cleaning materials used in the coating operation during the capture efficiency test run. (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system. They are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners and/or other additives, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020] § 63.3966 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.3960. For each performance test, you must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. If the source is a magnet wire coating machine, you may use the procedures in section 3.0 of appendix A to this subpart as an alternative. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, 2F, or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B of appendix A to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. (4) Use Method 4 of appendix A to 40 CFR part 60, to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60. (1) Use EPA Method 25 of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is not an oxidizer. (4) You may use EPA Method 18 of appendix A-6 to 40 CFR part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet to the atmosphere of each device. For example, if one add-on control device is a concentrator with an outlet to the atmosphere for the high-volume dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet to the atmosphere for the low-volume concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions: Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section: Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41143, July 8, 2020] § 63.3967 How do I establish the emission capture system and add-on control device operating limits during the performance test? During the performance test required by § 63.3960 and described in §§ 63.3964, 63.3965, and 63.3966, you must establish the operating limits required by § 63.3892 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.3892. (a) Thermal oxidizers. (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During performance tests, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) You must monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly external inspection of the catalytic oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found during the annual internal inspection of the catalyst, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations. If the catalyst bed is replaced and is not of like or better kind and quality as the old catalyst then you must conduct a new performance test to determine destruction efficiency according to § 63.3966. If a catalyst bed is replaced and the replacement catalyst is of like or better kind and quality as the old catalyst, then a new performance test to determine destruction efficiency is not required and you may continue to use the previously established operating limits for that catalytic oxidizer. (c) Regenerative carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your regenerative carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During performance tests, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) Concentrators. (1) During performance tests, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During performance tests, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) For each performance test, use the data collected during the performance test to calculate and record the average pressure drop. This is the minimum operating limit for the dilute stream across the concentrator. (f) Emission capture systems. (1) During the capture efficiency determination required by § 63.3960 and described in §§ 63.3964 and 63.3965, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020] § 63.3968 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) Before January 5, 2021, you must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. On and after January 5, 2021, you must maintain the CPMS at all times in accordance with § 63.3900(b) and keep necessary parts readily available for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.3900(b). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (v) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (v) Flow direction indicator. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.3920. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install gas temperature monitors upstream and/or downstream of the catalyst bed as required in § 63.3967(b). (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 5 degrees Fahrenheit or 1.0 percent of the temperature value, whichever is larger. (iii) Before using the sensor for the first time or when relocating or replacing the sensor, perform a validation check by comparing the sensor output to a calibrated temperature measurement device or by comparing the sensor output to a simulated temperature. (iv) Conduct an accuracy audit every quarter and after every deviation. Accuracy audit methods include comparisons of sensor output to redundant temperature sensors, to calibrated temperature measurement devices, or to temperature simulation devices. (v) Conduct a visual inspection of each sensor every quarter if redundant temperature sensors are not used. (d) Regenerative carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (3) For all regenerative carbon adsorbers, you must meet the requirements in paragraphs (c)(3)(i) through (v) of this section for each temperature monitoring device. (e) Condensers. (1) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (2) For all condensers, you must meet the requirements in paragraphs (c)(3)(i) through (v) of this section for each temperature monitoring device. (f) Concentrators. (1) You must install a temperature monitor in the desorption gas stream. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must install a device to monitor pressure drop across the zeolite wheel or rotary carbon bed. The pressure monitoring device must meet the requirements in paragraphs (a) and (g)(2) of this section. (g) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (g)(1)(i) through (vii) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Use a flow sensor with an accuracy of at least 10 percent of the flow. (iii) Perform an initial sensor calibration in accordance with the manufacturer's requirements. (iv) Perform a validation check before initial use or upon relocation or replacement of a sensor. Validation checks include comparison of sensor values with electronic signal simulations or via relative accuracy testing. (v) Conduct an accuracy audit every quarter and after every deviation. Accuracy audit methods include comparisons of sensor values with electronic signal simulations or via relative accuracy testing. (vi) Perform leak checks monthly. (vii) Perform visual inspections of the sensor system quarterly if there is no redundant sensor. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (g)(2)(i) through (vii) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Use a pressure sensor with an accuracy of at least 0.5 inches of water column or 5 percent of the measured value, whichever is larger. (iii) Perform an initial calibration of the sensor according to the manufacturer's requirements. (iv) Conduct a validation check before initial operation or upon relocation or replacement of a sensor. Validation checks include comparison of sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (v) Conduct accuracy audits every quarter and after every deviation. Accuracy audits include comparison of sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (vi) Perform monthly leak checks on pressure connections. A pressure of at least 1.0 inches of water column to the connection must yield a stable sensor result for at least 15 seconds. (vii) Perform a visual inspection of the sensor at least monthly if there is no redundant sensor. [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020] Other Requirements and Information § 63.3980 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (EPA), or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as the EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the requirements in §§ 63.3881 through 3883 and 63.3890 through 3893. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.3981 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Additive e.g., Add-on control Adhesive, adhesive coating Assembled on-road vehicle coating Capture device Capture efficiency or capture system efficiency Capture system Cleaning material e.g., Coating Coating operation Coatings solids Continuous parameter monitoring system (CPMS) Controlled coating operation Deviation (1) Before January 5, 2021, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to, any emission limit or operating limit or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Emission limitation Enclosure Exempt compound Extreme performance fluoropolymer coating e.g., Facility maintenance General use coating High performance architectural coating High performance coating High temperature coating Hobby shop Magnet wire coatings, Magnet wire coating machine Manufacturer's formulation data Mass fraction of organic HAP Month Non-HAP coating Organic HAP content Permanent total enclosure (PTE) Personal watercraft Protective oil Reactive adhesive Research or laboratory facility de minimis Responsible official Rubber-to-metal coatings Startup, initial Surface preparation Temporary total enclosure Thinner Total volatile hydrocarbon (TVH) Uncontrolled coating operation Volatile organic compound (VOC) Volume fraction of coating solids Wastewater [69 FR 157, Jan. 2, 2004, as amended at 85 FR 41144, July 8, 2020] Table 1 to Subpart MMMM of Part 63—Operating Limits if Using the Emission Rate With Add-On Controls Option If you are required to comply with operating limits by § 63.3892(c), you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. Thermal oxidizer a. The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.3967(a) i. Collecting the combustion temperature data according to § 63.3968(c); 2. Catalytic oxidizer a. The average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.3967(b) (for magnet wire coating machines, temperature can be monitored before or after the catalyst bed); and either i. Collecting the temperature data according to § 63.3968(c); b. Ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.3967(b) (2); or i. Collecting the temperature data according to § 63.3968(c); c. Develop and implement an inspection and maintenance plan according to § 63.3967(b)(4) or for magnet wire coating machines according to section 3.0 of appendix A to this subpart i. Maintaining and up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.3967(b)(4) or for magnet wire coating machines by section 3.0 of appendix A to this subpart, you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. Regenerative carbon adsorber a. The total regeneration desorbing gas ( e.g., i. Measuring the total regeneration desorbing gas ( e.g., b. The temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.3967(c) i. Measuring the temperature of the carbon bed after completing each regeneration and any cooling cycle according to § 63.3968(d); and 4. Condenser a. The average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.3967(d) i. Collecting the condenser outlet (product side) gas temperature according to § 63.3968(e); 5. Concentrators, including zeolite wheels and rotary carbon adsorbers a. The average gas temperature of the desorption concentrate stream in any 3-hour period must not fall below the limit established according to § 63.3967(e); and i. Collecting the temperature data according to 63.3968(f); b. The average pressure drop of the dilute stream across the concentrator in any 3-hour period must not fall below the limit established according to § 63.3967(e) i. Collecting the pressure drop data according to 63.3968(f); 6. Emission capture system that is a PTE according to § 63.3965(a) a. The direction of the air flow at all times must be into the enclosure; and either i. Collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.3968(b)(1) or the pressure drop across the enclosure according to § 63.3968(g)(2); and b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minutes; or i. See items 6.a.i and 6.a.ii. c. The pressure drop across the enclosure must be at least 0.007 inch H 2 i. See items 6.a.i and 6.a.ii. 7. Emission capture system that is not a PTE according to § 63.3965(a) a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.3967(f) i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.3968(g); Table 2 to Subpart MMMM of Part 63—Applicability of General Provisions to Subpart MMMM of Part 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to subpart MMMM Explanation § 63.1(a)(1)-(14) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart MMMM is also specified in § 63.3881. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2)-(3) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart MMMM. § 63.1(c)(4)-(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.3981. § 63.1(a)-(c) Units and Abbreviations Yes § 63.4(a)(1)-(5) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Severability Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1)-(6) Requirements for Existing Newly Constructed, and Reconstructed Sources Yes § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.3883 specifies the compliance dates. § 63.6(c)(1)-(5) Compliance Dates for Existing Sources Yes Section 63.3883 specifies the compliance dates. § 63.6(e)(1)-(2) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 See § 63.6(e)(3) SSMP Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(1) Compliance Except During SSM Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(2)-(3) Methods for Determining Compliance. Yes § 63.6(g)(1)-(3) Use of an Alternative Standard Yes § 63.6(h) Compliance With Opacity/Visible Emission Standards No Subpart MMMM does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.3964, 63.3965, and 63.3966. § 63.7(a)(2) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard. Section 63.3960 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3)-(4) Performance Tests Required By the Administrator, Force Majeure Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.7(e)(1) Conduct of Performance Tests Yes before January 5, 2021. No on and after January 5, 2021 See § 63.7(e)(2)-(4) Conduct of Performance Tests Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.8(a)(1)-(3) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for monitoring are specified in § 63.3968. § 63.8(a)(4) Additional Monitoring Requirements No Subpart MMMM does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring System (CMS) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 Section 63.3968 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.3968. § 63.8(c)(4) CMS No § 63.3968 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart MMMM does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Section 63.3968 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods and Reporting No § 63.3920 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.8(g)(1)-(5) Data Reduction No Sections 63.3967 and 63.3968 specify monitoring data reduction. § 63.9(a)-(d) Notification Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standard. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart MMMM does not have opacity or visible emissions standards. § 63.9(g)(1)-(3) Additional Notifications When Using CMS No Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.9(h) Notification of Compliance Status Yes Section 63.3910 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.3930 and 63.3931. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iii). § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the SSMP Yes before January 5, 2021. No on and after January 5, 2021 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.3920. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.3920(b) and (d). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart MMMM does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) SSM Reports Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart MMMM does not require the use of continuous emissions monitoring systems. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.3920(b) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart MMMMM does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart MMMM does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 IBR Yes § 63.15 Availability of Information/Confidentiality Yes [85 FR 41145, July 8, 2020, as amended at 85 FR 73906, Nov. 19, 2020] Table 3 to Subpart MMMM of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data and which match either the solvent blend name or the chemical abstract series (CAS) number. If a solvent blend matches both the name and CAS number for an entry, that entry's organic HAP mass fraction must be used for that solvent blend. Otherwise, use the organic HAP mass fraction for the entry matching either the solvent blend name or CAS number, or use the organic HAP mass fraction from table 4 to this subpart if neither the name or CAS number match. Solvent/solvent blend CAS. No. Average organic HAP mass fraction Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 4 to Subpart MMMM of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent type Average organic HAP mass fraction Typical organic HAP, percent by mass Aliphatic b 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic c 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. a b c Table 5 to Subpart MMMM of Part 63—List of HAP That Must Be Counted Toward Total Organic HAP Content If Present at 0.1 Percent or More by Mass Chemical Name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [85 FR 41148, July 8, 2020] Appendix A to Subpart MMMM of Part 63—Alternative Capture Efficiency and Destruction Efficiency Measurement and Monitoring Procedures for Magnet Wire Coating Operations 1.0 Introduction. 1.1 These alternative procedures for capture efficiency and destruction efficiency measurement and monitoring are intended principally for newer magnet wire coating machines where the control device is internal and integral to the oven so that it is difficult or infeasible to make gas measurements at the inlet to the control device. 1.2 In newer gas fired magnet wire ovens with thermal control (no catalyst), the burner tube serves as the control device (thermal oxidizer) for the process. The combustion of solvents in the burner tube is the principal source of heat for the oven. 1.3 In newer magnet wire ovens with a catalyst there is either a burner tube (gas fired ovens) or a tube filled with electric heating elements (electric heated oven) before the catalyst. A large portion of the solvent is often oxidized before reaching the catalyst. The combustion of solvents in the tube and across the catalyst is the principal source of heat for the oven. The internal catalyst in these ovens cannot be accessed without disassembly of the oven. This disassembly includes removal of the oven insulation. Oven reassembly often requires the installation of new oven insulation. 1.4 Some older magnet wire ovens have external afterburners. A significant portion of the solvent is oxidized within these ovens as well. 1.5 The alternative procedure for destruction efficiency determines the organic carbon content of the volatiles entering the control device based on the quantity of coating used, the carbon content of the volatile portion of the coating and the efficiency of the capture system. The organic carbon content of the control device outlet (oven exhaust for ovens without an external afterburner) is determined using Method 25 or 25A. 1.6 When it is difficult or infeasible to make gas measurements at the inlet to the control device, measuring capture efficiency with a gas-to-gas protocol (see § 63.3965(d)) which relies on direct measurement of the captured gas stream will also be difficult or infeasible. In these situations, capture efficiency measurement is more appropriately done with a procedure which does not rely on direct measurement of the captured gas stream. 1.7 Magnet wire ovens are relatively small compared to many other coating ovens. The exhaust rate from an oven is low and varies as the coating use rate and solvent loading rate change from job to job. The air balance in magnet wire ovens is critical to product quality. Magnet wire ovens must be operated under negative pressure to avoid smoke and odor in the workplace, and the exhaust rate must be sufficient to prevent over heating within the oven. 1.8 The liquid and gas measurements needed to determine capture efficiency and control device efficiency using these alternative procedures may be made simultaneously. 1.9 Magnet wire facilities may have many ( e.g., 2.0 Capture Efficiency. 2.1 If the capture system is a permanent total enclosure as described in § 63.3965(a), then its capture efficiency may be assumed to be 100 percent. 2.2 If the capture system is not a permanent total enclosure, then capture efficiency must be determined using the liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure in § 63.3965(c), or an alternative capture efficiency protocol (see § 63.3965(e)) which does not rely on direct measurement of the captured gas stream. 2.3 As an alternative to establishing and monitoring the capture efficiency operating parameters in § 63.3967(f), the monitoring described in either section 2.4 or 2.5, and the monitoring described in sections 2.6 and 2.7 may be used for magnet wire coating machines. 2.4 Each magnet wire oven must be equipped with an interlock mechanism which will stop or prohibit the application of coating either when any exhaust fan for that oven is not operating or when the oven experiences an over limit temperature condition. 2.5 Each magnet wire oven must be equipped with an alarm which will be activated either when any oven exhaust fan is not operating or when the oven experiences an over limit temperature condition. 2.6 If the interlock in 2.4 or the alarm in 2.5 is monitoring for over limit temperature conditions, then the temperature(s) that will trigger the interlock or the alarm must be included in the start-up, shutdown and malfunction plan and the interlock or alarm must be set to be activated when the oven reaches that temperature. 2.7 Once every 6 months, each magnet wire oven must be checked using a smoke stick or equivalent approach to confirm that the oven is operating at negative pressure compared to the surrounding atmosphere. 3.0 Control Device Efficiency. 3.1 Determine the weight fraction carbon content of the volatile portion of each coating, thinner, additive, or cleaning material used during each test run using either the procedure in section 3.2 or 3.3. 3.2 Following the procedures in Method 204F, distill a sample of each coating, thinner, additive, or cleaning material used during each test run to separate the volatile portion. Determine the weight fraction carbon content of each distillate using ASTM Method D5291-02, “Standard Test Methods for Instrumental Determination of Carbon, Hydrogen, and Nitrogen in Petroleum Products and Lubricants” (incorporated by reference, see § 63.14). 3.3 Analyze each coating, thinner, additive or cleaning material used during each test run using Method 311. For each volatile compound detected in the gas chromatographic analysis of each coating, thinner, additive, or cleaning material calculate the weight fraction of that whole compound in the coating, thinner, additive, or cleaning material. For each volatile compound detected in the gas chromatographic analysis of each coating, thinner, additive, or cleaning material calculate the weight fraction of the carbon in that compound in the coating, thinner, additive, or cleaning material. Calculate the weight fraction carbon content of each coating, thinner, additive, or cleaning material as the ratio of the sum of the carbon weight fractions divided by the sum of the whole compound weight fractions. 3.4 Determine the mass fraction of total volatile hydrocarbon (TVH i v w 3.5 Determine the volume (VOL i i 3.6 Calculate the total volatile hydrocarbon input (TVHC inlet where: TVH i VOL i D i CD i n = Number of coating, thinner, additive, and cleaning materials used in the coating operation during the test run. 3.7 If the mass, MASS i i i i 3.8 Determine the TVHC output (TVHC outlet fo outlet fo 3.9 Determine the control device efficiency (DRE) for each test run using Equation 2: 3.10 The efficiency of the control device is the average of the three individual test run values determined in section 3.9. 3.11 As an alternative to establishing and monitoring the destruction efficiency operating parameters for catalytic oxidizers in § 63.3967(b), the monitoring described in sections 3.12 and 3.13 may be used for magnet wire coating machines equipped with catalytic oxidizers. 3.12 During the performance test, you must monitor and record the temperature either just before or just after the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature either just before or just after the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer and for the catalytic oxidizers in identical or very similar magnet wire coating machines represented by the tested magnet wire coating machine. 3.13 You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s). The plan must address, at a minimum, the elements specified in sections 3.14 and 3.15, and the elements specified in either (a) section 3.16 or (b) sections 3.17 and 3.18. 3.14 You must conduct a monthly external inspection of each catalytic oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. 3.15 You must conduct an annual internal inspection of each accessible catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must replace the catalyst bed or take corrective action consistent with the manufacturer's recommendations. This provision does not apply to internal catalysts which cannot be accessed without disassembling the magnet wire oven. 3.16 You must take a sample of each catalyst bed and perform an analysis of the catalyst activity ( i.e., Table 1—Catalyst Monitoring Requirements If the catalyst was last (more recently) replaced and the warranty period is . . . Then the time between catalyst replacement and the next catalyst activity test cannot exceed the earlier of . . . And the catalyst was more recently tested, then the time between catalyst activity tests cannot exceed the earlier of . . . 1 year 8,760 operating hours or 5 calendar years 8,760 operating hours or 3 calendar years. 2 years 15,520 operating hours or 5 calendar years 8,760 operating hours or 3 calendar years. 3 years 26,280 operating hours or 5 calendar years 13,100 operating hours or 3 calendar years. 4 years 35,040 operating hours or 5 calendar years 17,520 operating hours or 3 calendar years. 5 or more years 43,800 operating hours or 5 calendar years 21,900 operating hours or 3 calendar years. 3.17 During the performance test, you must determine the average concentration of organic compounds as carbon in the magnet wire oven exhaust stack gases (C c 3.18 For each magnet wire coating machine equipped with a catalytic oxidizer you must perform an annual 10 minute test of the oven exhaust stack gases using EPA Method 25A. This test must be performed under steady state operating conditions similar to those at which the last destruction efficiency test for equipment of that type (either the specific magnet wire coating machine or an identical or very similar magnet wire coating machine) was conducted. If the average exhaust stack gas concentration during the annual test of a magnet wire coating machine equipped with a catalytic oxidizer is greater than the operating limit established in section 3.17 then that is a deviation from the operating limit for that catalytic oxidizer. If problems are found during the annual 10-minute test of the oven exhaust stack gases, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations. 3.19 If a catalyst bed is replaced and the replacement catalyst is not of like or better kind and quality as the old catalyst, then you must conduct a new performance test to determine destruction efficiency according to § 63.3966 and establish new operating limits for that catalytic oxidizer unless destruction efficiency test results and operating limits for an identical or very similar unit (including consideration of the replacement catalyst) are available and approved for use for the catalytic oxidizer with the replacement catalyst. 3.20 If a catalyst bed is replaced and the replacement catalyst is of like or better kind and quality as the old catalyst, then a new performance test to determine destruction efficiency is not required and you may continue to use the previously established operating limits for that catalytic oxidizer. Subpart NNNN—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances Source: 67 FR 48262, July 23, 2002, unless otherwise noted. What This Subpart Covers § 63.4080 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants for large appliance surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.4081 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a facility that applies coatings to large appliance parts or products, and is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP), except as provided in paragraph (d) of this section. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. You are not subject to this subpart if your large appliance surface coating facility is located at, or is part of, an area source of HAP emissions. An area source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that is not a major source. (b) The large appliance surface coating source category includes any facility engaged in the surface coating of a large appliance part or product. Large appliance parts and products include but are not limited to cooking equipment; refrigerators, freezers, and refrigerated cabinets and cases; laundry equipment; dishwashers, trash compactors, and water heaters; and heating, ventilation, and air-conditioning (HVAC) units, air-conditioning (except motor vehicle) units, air-conditioning and heating combination units, comfort furnaces, and electric heat pumps. Specifically excluded are heat transfer coils and large commercial and industrial chillers. (c) The large appliance surface coating activities and equipment to which this subpart applies are listed in paragraphs (c)(1) through (9) of this section: (1) Surface preparation of large appliance parts and products; (2) Preparation of a coating for application (e.g., mixing in thinners and other components); (3) Application of a coating to large appliance parts and products using, for example, spray guns or dip tanks; (4) Application of porcelain enamel, powder coating, and asphalt interior soundproofing coating; (5) Flash-off, drying, or curing following the coating application operation; (6) Cleaning of equipment used in coating operations (e.g., application equipment, hangers, racks); (7) Storage of coatings, thinners, and cleaning materials; (8) Conveying of coatings, thinners, and cleaning materials from storage areas to mixing areas or coating application areas, either manually (e.g., in buckets) or by automated means (e.g., transfer through pipes using pumps); and (9) Handling and conveying of waste materials generated by coating operations. (d) This subpart does not apply to surface coating that meets any of the criteria of paragraphs (d)(1) through (5) of this section. (1) The surface coating of large appliance parts such as metal or plastic handles, hinges, or fasteners that have a wider use beyond large appliances is not subject to this subpart. (2) The surface coating of large appliances conducted for the purpose of repairing or maintaining large appliances used by a facility and not for commerce is not subject to this subpart unless organic HAP emissions from the surface coating itself are as high as the rates specified in paragraph (a) of this section. (3) The surface coating of heat transfer coils or large commercial and industrial chillers. (4) The provisions of this subpart do not apply to research or laboratory facilities; janitorial, building, and facility maintenance operations; hobby shops operated for noncommercial purposes or coating applications using hand-held non-refillable aerosol containers. (5) The provisions of this subpart do not apply to processes involving metal plating or phosphating of a substrate. (e) If you own or operate an affected source that is subject to this subpart and at the same affected source you also perform surface coating subject to any other subparts in this part, you may choose for the affected source to comply with only one subpart. In order to choose this alternative, the total mass of organic HAP emissions from all surface coating operations in the affected source must be less than or equal to the total mass of organic HAP emissions that would result if it complied separately with all applicable subparts. You must make this comparison for the initial compliance period and report it in the Notification of Compliance Status as required in § 63.4110(b)(10) and in the Notification of Compliance Status required by the other subparts. If you choose this alternative, your demonstration of compliance with the other subpart constitutes compliance with this subpart. § 63.4082 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source. (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are part of the large appliance surface coating facility: (1) All coating operations as defined in § 63.4181; (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) An affected source is a new affected source if you commenced its construction after July 23, 2002, and the construction is of a completely new large appliance surface coating facility where previously no large appliance surface coating facility had existed. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.4083 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4140, 63.4150, and 63.4160. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section. (1) If the initial startup of your new or reconstructed affected source is before July 23, 2002, the compliance date is July 23, 2002. (2) If the initial startup of your new or reconstructed affected source occurs after July 23, 2002, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is July 25, 2005. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source, or the date the area source becomes a major source, or July 23, 2002, whichever is latest. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or July 25, 2005, whichever is later. (d) You must meet the notification requirements in § 63.4110 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.4090 What emission limits must I meet? (a) For an existing affected source, you must limit organic HAP emissions to the atmosphere to no more than 0.13 kilogram per liter (kg/liter) (1.1 pound per gallon (lb/gal)) of coating solids used during each compliance period. (b) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere to no more than 0.022 kg/liter (0.18 lb/gal) of coating solids used during each compliance period. § 63.4091 What are my options for meeting the emission limits? You must include all coatings, thinners, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.4090. To make this determination, you must use at least one of the three compliance options listed in paragraphs (a) through (c) of this section. You may apply any of the compliance options to an individual coating operation or to multiple coating operations as a group or to the entire affected source. You may use different compliance options for different coating operations or at different times on the same coating operation. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.4130(c), and you must report it in the next semiannual compliance report required in § 63.4120. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. § 63.4092 What operating limits must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any operating limits. (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4161(h), you must meet the operating limits specified in Table 1 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during the performance test according to the requirements in § 63.4167. You must meet the operating limits at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 1 to this subpart or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the U.S. Environmental Protection Agency (EPA) Administrator for approval of alternative monitoring under § 63.8(f). § 63.4093 What work practice standards must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. (b) If you use the emission rate with add-on controls option, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, the coating operation(s) for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be stored in closed containers. (2) Spills of organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), we, the EPA, may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.4100 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) and (2) of this section. (1) Any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, as specified in § 63.4091(a) and (b), must be in compliance with the applicable emission limit in § 63.4090 at all times. (2) Any coating operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.4091(c), must be in compliance with the applicable emission limit in § 63.4090 and work practice standards in § 63.4093 at all times. Each controlled coating operation must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4092 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h). (b) Before September 12, 2019, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after September 12, 2019, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) If your affected source uses an emission capture system and add-on control device, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date specified for your affected source in § 63.4083 and the date when the initial emission capture system and add-on control device performance tests have been completed as specified in § 63.4160. This requirement does not apply to a solvent recovery system for which you conduct a liquid-liquid material balance according to § 63.4161(h) in lieu of conducting performance tests. (d) Before September 12, 2019, if your affected source uses an emission capture system and add-on control device, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. A startup, shutdown, and malfunction plan is not required on and after September 12, 2019. [67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9611, Mar. 15, 2019] § 63.4101 What parts of the General Provisions apply to me? Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.4110 What notifications must I submit? (a) You must submit the notifications in §§ 63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the dates specified in those sections, except as provided in paragraphs (a)(1) and (2) of this section. (1) You must submit the Initial Notification required by § 63.9(b) for an existing affected source no later than July 23, 2003, or no later than 120 days after the source becomes subject to this subpart. For a new or reconstructed affected source, you must submit the Initial Notification no later than 120 days after initial startup, November 20, 2002, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (2) You must submit the Notification of Compliance Status required by § 63.9(h) no later than 30 calendar days following the end of the initial compliance period described in § 63.4140, § 63.4150, or § 63.4160 that applies to your affected source. (b) The Notification of Compliance Status must contain the information specified in paragraphs (b)(1) through (10) of this section and the applicable information specified in § 63.9(h). (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4140, § 63.4150, or § 63.4160 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.4091 that you used on each coating operation in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (b)(6)(i) and (ii) of this section. (i) A description of and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.4090, include all the calculations you used to determine the kg organic HAP emitted per liter of coating solids used. You do not need to submit information provided by the materials suppliers or manufacturers or test reports. (7) For each of the data items listed in paragraphs (b)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material or a summary of the results of testing conducted according to § 63.4141(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating, for one thinner, and for one cleaning material. (ii) Volume fraction of coating solids for one coating. (iii) Density for one coating, one thinner, and one cleaning material, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4151. (8) The determination of kg organic HAP emitted per liter of coating solids used for the compliance option(s) you use, as specified in paragraphs (b)(8)(i) through (iii) of this section. (i) For the compliant material option, provide an example determination of the organic HAP content for one coating, according to § 63.4141(d). (ii) For the emission rate without add-on controls option, provide the calculation of the total mass of organic HAP emissions; the calculation of the total volume of coating solids used; and the calculation of the organic HAP emission rate, using Equations 1, 1A through 1C, 2, and 3, respectively, of § 63.4151. (iii) For the emission rate with add-on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used, using Equations 1 and 1A through 1C of § 63.4151; the calculation of the total volume of coating solids used, using Equation 2 of § 63.4151; the calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equations 1, 1A through 1C, 2, 3, and 3A through 3C of § 63.4161, as applicable; and the calculation of the organic HAP emission rate, using Equation 4 of § 63.4161. (9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (b)(9)(i) through (v) of this section, except that the requirements in paragraphs (b)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4093. (v) Before September 12, 2019, a statement of whether or not you developed the startup, shutdown, and malfunction plan required by § 63.4100(d). This statement is not required on and after September 12, 2019. (10) If you have chosen for your affected source to comply with the requirements of another subpart in lieu of the requirements of this subpart, as allowed in § 63.4081(d), your Notification of Compliance Status must include a statement certifying your intent, as well as documentation and supporting materials showing that, during the initial compliance period, your affected source's total organic HAP emissions were equal to or less than the organic HAP emissions that would have resulted from complying separately with each applicable subpart. [67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9611, Mar. 15, 2019; 85 FR 73906, Nov. 19, 2020] § 63.4120 What reports must I submit? You must submit semiannual compliance reports for each affected source according to the requirements of this section. The semiannual compliance reporting requirements of this section may be satisfied by reports required under other parts of the Clean Air Act (CAA), as specified in paragraph (a)(5) of this section. (a) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must prepare and submit each semiannual compliance report according to the dates specified in paragraphs (a)(1) through (4) of this section. (1) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4140, § 63.4150, or § 63.4160 that applies to your affected source and ends on June 30 or December 31, whichever date is the first date following the end of the initial compliance period. (2) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (3) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (4) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent semiannual compliance reports according to the dates the permitting authority has established instead of the date specified in paragraph (a)(3) of this section. (5) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 40 CFR part 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If an affected source submits a semiannual compliance report pursuant to this section along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the semiannual compliance report includes all required information concerning deviations from any emission limitation in this subpart, its submission shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a semiannual compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permitting authority. (b) The semiannual compliance report must contain the information specified in paragraphs (b)(1) through (4) of this section and the information specified in paragraphs (c) through (j) of this section that is applicable to your affected source. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature certifying the truth, accuracy, and completeness of the content of the report. (3) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. (4) Identification of the compliance option or options specified in § 63.4091 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. (c) If there were no deviations from the emission limitations in §§ 63.4090, 63.4092, and 63.4093 that apply to you, the semiannual compliance report must include a statement that there were no deviations from the emission limitations during the reporting period. (d) If you use the compliant material option and there was a deviation from the applicable emission limit in § 63.4090, the semiannual compliance report must contain the information in paragraph (d)(1) or (2) of this section, as applicable. (1) Before September 12, 2019, the information in paragraphs (d)(1)(i) through (iv) of this section. (i) Identification of each coating used that deviated from the emission limit, each thinner and cleaning material used that contained organic HAP, and the dates and time periods each was used. (ii) The determination of the organic HAP content, according to § 63.4141(d), for each coating identified in paragraph (d)(1)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by coating suppliers or manufacturers or test reports. (iii) The determination of mass fraction of organic HAP for each thinner and cleaning material identified in paragraph (d)(1)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by material suppliers or manufacturers or test reports. (iv) A statement of the cause of each deviation. (2) On and after September 12, 2019, if there was a deviation from the applicable emission limit in § 63.4090, the semiannual compliance report must contain the information in paragraphs (d)(2)(i) through (v) of this section. (i) Identification of each coating used that deviated from the emission limit, each thinner and cleaning material used that contained organic HAP, and the date, time, and duration each was used. (ii) The determination of the organic HAP content, according to § 63.4141(d), for each coating identified in paragraph (d)(2)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by coating suppliers or manufacturers or test reports. (iii) The determination of mass fraction of organic HAP for each thinner and cleaning material identified in paragraph (d)(2)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by material suppliers or manufacturers or test reports. (iv) A statement of the cause of each deviation (including unknown cause, if applicable). (v) The number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4090, and a description of the method used to estimate the emissions. (e) If you use the emission rate without add-on controls option and there was a deviation from the applicable emission limitation in § 63.4090, the semiannual compliance report must contain the information in paragraph (e)(1) or (2), as applicable. (1) Before September 12, 2019, the information in paragraphs (e)(1)(i) through (iii) of this section. (i) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the emission limit. (ii) The calculations used to determine the organic HAP emission rate for the compliance period in which the deviation occurred. You must provide the calculations for Equations 1, 1A through 1C, 2, and 3 in § 63.4151; and, if applicable, the calculation used to determine the organic HAP in waste materials according to § 63.4151(e)(4). You do not need to submit background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports. (iii) A statement of the cause of each deviation. (2) On and after September 12, 2019, if there was a deviation from the applicable emission limit in § 63.4090, the semiannual compliance report must contain the information in paragraphs (e)(2)(i) through (iv) of this section. (i) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the emission limit. (ii) The calculations used to determine the organic HAP emission rate for the compliance period in which the deviation occurred. You must provide the calculations for Equations 1, 1A through 1C, 2, and 3 in § 63.4151; and, if applicable, the calculation used to determine the organic HAP in waste materials according to § 63.4151(e)(4). You do not need to submit background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports. (iii) A statement of the cause of each deviation (including unknown cause, if applicable). (iv) The number of deviations, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4090, and a description of the method used to estimate the emissions. (f) If you use the emission rate with add-on controls option and there were no periods during which the continuous parameter monitoring systems (CPMS) were out-of-control as specified in § 63.8(c)(7), the semiannual compliance report must include a statement that there were no periods during which the CPMS were out-of-control during the reporting period. (g) If you use the emission rate with add-on controls option and there was a deviation from an emission limitation (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), the semiannual compliance report must contain the information in paragraph (g)(1) or (2) of this section, as applicable. (1) Before September 12, 2019, the information in paragraphs (g)(1)(i) through (xiv) of this section. This includes periods of startup, shutdown, and malfunction during which deviations occurred. (i) The beginning and ending dates of each compliance period, during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4090. (ii) The calculations used to determine the organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during the compliance period, using Equations 1, 1A through 1C, and 2 of § 63.4151 and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to § 63.4151(e)(4); the calculation of the total volume of coating solids used during the compliance period, using Equation 2 of § 63.4151; the calculation of the mass of organic HAP emission reduction during the compliance period by emission capture systems and add-on control devices, using Equations 1, 1A through 1C, 2, 3, and 3A through 3C of § 63.4161; and the calculation of the organic HAP emission rate, using Equation 4 of § 63.4161. You do not need to submit the background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports. (iii) The date and time that each malfunction started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. (vii) The date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). (viii) The date and time period of each deviation from an operating limit in Table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (ix) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (x) A breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xiii) For each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. (xiv) A statement of the cause of each deviation. (2) On and after September 12, 2019, the information in paragraphs (g)(2)(i) through (xii), (xiv), and (xv) of this section if there was a deviation from the applicable emission limit in § 63.4090 or the applicable operating limit(s) in Table 1 to this subpart (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere) and the information in paragraph (g)(2)(xiii) of this section if there was a deviation from the work practice standards in § 63.4093(b). (i) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4090. (ii) The calculations used to determine the organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during the compliance period, using Equations 1, 1A through 1C, and 2 of § 63.4151 and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to § 63.4151(e)(4); the calculation of the total volume of coating solids used during the compliance period, using Equation 2 of § 63.4151; the calculation of the mass of organic HAP emission reduction during the compliance period by emission capture systems and add-on control devices, using Equations 1, 1A through 1C, 2, 3, and 3A through 3C of § 63.4161; and the calculation of the organic HAP emission rate, using Equation 4 of § 63.4161. You do not need to submit the background data supporting these calculations, for example, information provided by materials suppliers or manufacturers or test reports. (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) For each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (vii) For each instance that the CPMS was out-of-control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) The date, time, and duration of each deviation from an operating limit in Table 1 to this subpart; and the date, time, and duration of any bypass of the add-on control device. (ix) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (x) A breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xiii) For deviations from the work practice standards in § 63.4093(b), the number of deviations and, for each deviation: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.4100(b). (B) The description required in paragraph (g)(2)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable). (xiv) For deviations from an emission limit in § 63.4090 or operating limit in Table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (xv) For each deviation from an emission limit in § 63.4090 or operating limit in Table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4090, and a description of the method used to estimate the emissions. (h) If you use the emission rate with add-on controls option, you must submit reports of performance test results for emission capture systems and add-on control devices no later than 60 days after completing the tests as specified in § 63.10(d)(2). (i) [Reserved] (j) Before September 12, 2019, if you use the emission rate with add-on controls option and you have a startup, shutdown, or malfunction during the semiannual reporting period, you must submit the reports specified in paragraphs (j)(1) and (2) of this section. The reports specified in paragraphs (j)(1) and (2) of this section are not required on and after September 12, 2019. (1) If your actions were consistent with your startup, shutdown, and malfunction plan (SSMP), you must include the information specified in § 63.10(d)(5) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your SSMP, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (j)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile (fax), telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). [67 FR 48262, July 23, 2002, as amended at 84 FR 9611, Mar. 15, 2019] § 63.4121 What are my electronic reporting requirements? (a) Beginning no later than June 13, 2019, you must submit the results of the performance test required in § 63.4120(h) following the procedure specified in paragraphs (a)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (a)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (b) Beginning on March 15, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in § 63.9(h) and § 63.4110(a)(2) and (b) to the EPA via CEDRI. The CEDRI can be accessed through the EPA's CDX ( https://cdx.epa.gov (c) Beginning on March 15, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in § 63.4120 to the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (d) If you are required to electronically submit a report through CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (e) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., [84 FR 9613, Mar. 15, 2019] § 63.4130 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers such as manufacturer's formulation data or test data used to determine the mass fraction of organic HAP and density for each coating, thinner, and cleaning material and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, a record of the time periods (beginning and ending dates and times) and the coating operations at which each compliance option was used and a record of all determinations of kg organic HAP per liter of coating solids for the compliance option(s) you used, as specified in paragraphs (c)(1) through (3) of this section. (1) For the compliant material option, a record of the determination of the organic HAP content for each coating, according to § 63.4141(d). (2) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4151 and, if applicable, the calculations used to determine the mass of organic HAP in waste materials according to § 63.4151(e)(4); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4151; and the calculation of the organic HAP emission rate, using Equation 3 of § 63.4151. (3) For the emission rate with add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4151 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4151(e)(4); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4151; the calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equations 1, 1A through 1C, 2, 3, and 3A through 3C of § 63.4161, as applicable; and the calculation of the organic HAP emission rate, using Equation 4 of § 63.4161. (d) A record of the name and volume of each coating, thinner, and cleaning material used during each compliance period. (e) A record of the mass fraction of organic HAP for each coating, thinner, and cleaning material used during each compliance period. (f) A record of the volume fraction of coating solids for each coating used during each compliance period except for zero-HAP coatings for which volume solids determination is not required as allowed in § 63.4141. (g) A record of the density for each coating used during each compliance period except for zero-HAP coatings for which volume solids determination is not required as allowed in § 63.4141 and, if you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, a record of the density for each thinner and cleaning material used during each compliance period. (h) If you use an allowance in Equation 1 of § 63.4151 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility (TSDF) according to § 63.4151(e)(4), you must keep records of the information specified in paragraphs (h)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.4151, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility, and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.4151. (3) The methodology used in accordance with § 63.4151(e)(4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (i) [Reserved] (j) Before September 12, 2019, you must keep records of the date, time, and duration of each deviation. On and after September 12, 2019, for each deviation from an emission limitation reported under § 63.4120(d), (e), and (g), a record of the information specified in paragraphs (j)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.4120(d), (e), and (g). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.4120(d), (e), and (g). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4090 or any applicable operating limit in Table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.4120(d), (e), and (g). (4) A record of actions taken to minimize emissions in accordance with § 63.4100(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (k) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (k)(1) through (8) of this section. (1) Before September 12, 2019, for each deviation, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction. The record in this paragraph (k)(1) is not required on and after September 12, 2019. (2) Before September 12, 2019, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. The records in this paragraph (k)(2) are not required on and after September 12, 2019. (3) The records required to show continuous compliance with each operating limit specified in Table 1 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4165(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4164 and 63.4165(b) through (e) including the records specified in paragraphs (k)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (k)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.4166. (i) Records of each add-on control device performance test conducted according to §§ 63.4164 and 63.4166. (ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4167 and to document compliance with the operating limits as specified in Table 1 of this subpart. (8) A record of the work practice plan required by § 63.4093, and documentation that you are implementing the plan on a continuous basis. [67 FR 48262, July 23, 2002, as amended at 84 FR 9614, Mar. 15, 2019] § 63.4131 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a data base. Any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. [67 FR 48262, July 23, 2002, as amended at 84 FR 9615, Mar. 15, 2019] Compliance Requirements for the Compliant Material Option § 63.4140 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.4141. The initial compliance period begins on the applicable compliance date specified in § 63.4083 and ends on the last day of the first full month after the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. The initial compliance demonstration includes the determination according to § 63.4141 and supporting documentation showing that, during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.4090, and that you used no thinners or cleaning materials that contained organic HAP. § 63.4141 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation(s) in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limit in § 63.4090 and must use no thinner or cleaning material that contains organic HAP, as determined according to this section during the initial compliance period. Any coating operation(s) for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.4092 and 63.4093, respectively. To demonstrate initial compliance with the emission limitations using the compliant material option, you must meet all the requirements of this section for the coating operation(s) using this option. Use the procedures in this section on each coating, thinner, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the HAP content of coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the compliant material option, provided these materials in their condition as received were demonstrated to comply with the compliant material option. If the mass fraction of organic HAP of a coating equals zero, determined according to paragraph (a) of this section, and you use the compliant material option, you are not required to comply with paragraphs (b) and (c) of this section for that coating. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in Table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other organic HAP compounds. For example, if toluene (not listed in Table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point (for example, 0.3791). (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point (for example, 0.763). (2) Method 24 in appendix A-7 of part 60. see (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the volume fraction of coating solids for each coating. (1) ASTM D2697-03 (R2014) or D6093-97 (R2016). You may see (2) Information from the supplier or manufacturer of the material. (3) Calculation of volume fraction of coating solids. Where: V s m volatiles see D avg see (c) Determine the density of each coating. see (d) Determine the organic HAP content of each coating. Determine the organic HAP content, kg organic HAP per liter coating solids, of each coating used during the compliance period, using Equation 2 of this section, except that if the mass fraction of organic HAP equals zero, then the organic HAP content also equals zero and you are not required to use Equation 2 to calculate the organic HAP content: Where: H c D c W c V s (e) The organic HAP content for each coating used during the initial compliance period must be less than or equal to the applicable emission limit in § 63.4090; and each thinner and cleaning material used during the initial compliance period must contain no organic HAP, determined according to paragraph (a) of this section. You must keep all records required by §§ 63.4130 and 63.4131. As part of the Notification of Compliance Status required in § 63.4110, you must identify the coating operation(s) for which you used the compliant material option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you used no coatings for which the organic HAP content exceeds the applicable emission limit in § 63.4090, and you used no thinners or cleaning materials that contain organic HAP, determined according to paragraph (a) of this section. [67 FR 48262, July 23, 2002, as amended at 84 FR 9615, Mar. 15, 2019] § 63.4142 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period, to demonstrate continuous compliance, you must use no coating for which the organic HAP content, determined according to § 63.4141(d), exceeds the applicable emission limit in § 63.4090, and use no thinner or cleaning material that contains organic HAP, determined according to § 63.4141(a). Each month following the initial compliance period described in § 63.4140 is a compliance period. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner, or cleaning material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.4110(b)(6) and 63.4120(d). (c) As part of each semiannual compliance report required by § 63.4120, you must submit a statement that you were in compliance with the emission limitations during the reporting period because, during the compliance period, you used no thinners or cleaning materials that contained organic HAP, and you used no coatings for which the organic HAP content exceeded the applicable emission limit in § 63.4090. (d) You must maintain records as specified in §§ 63.4130 and 63.4131. [67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019] Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.4150 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4151. The initial compliance period begins on the applicable compliance date specified in § 63.4083 and ends on the last day of the first full month after the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. The initial compliance demonstration includes the calculations according to § 63.4151 and supporting documentation showing that the organic HAP emission rate for the initial compliance period was equal to or less than the applicable emission limit in § 63.4090. § 63.4151 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all of the coating operations in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation(s) in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation(s) must meet the applicable emission limit in § 63.4090 but not the operating limits or work practice standards in §§ 63.4092 and 63.4093, respectively, during the initial compliance period. You must meet all of the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.4090 for the coating operation(s). When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate without add-on controls option. (a) Determine the mass fraction of organic HAP for each material. (b) Determine the volume fraction of coating solids for each coating. (c) Determine the density of each material. (d) Determine the volume of each material used during the compliance period. (e) Calculate the mass of organic HAP emissions during the compliance period. Where: H e A = total mass of organic HAP in the coatings used during the compliance period, kg, as calculated in Equation 1A of this section. B = total mass of organic HAP in the thinners used during the compliance period, kg, as calculated in Equation 1B of this section. C = total mass of organic HAP in the cleaning materials used during the compliance period, kg, as calculated in Equation 1C of this section. R w w (1) Calculate the kg organic HAP in the coatings used during the compliance period, using Equation 1A of this section: Where: A = total mass of organic HAP in the coatings used during the compliance period, kg. Vol c,i D c,i W c,i m = number of different coatings used during the compliance period. (2) Calculate the kg of organic HAP in the thinners used during the compliance period, using Equation 1B of this section: Where: B = total mass or organic HAP in the thinners used during the compliance period, kg. Vol t,j D t,j W t,j n = number of different thinners used during the compliance period. (3) Calculate the kg organic HAP in the cleaning materials used during the compliance period, using Equation 1C of this section: Where: C = total mass of organic HAP in the cleaning materials used during the compliance period, kg. Vol s,k D s,k W s,k p = number of different cleaning materials used during the compliance period. (4) Determine the mass of organic HAP contained in waste materials sent to a TSDF. If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in the calculation of the mass of organic HAP emissions (Equation 1 of this section), then you must determine it according to paragraphs (e)(4)(i) through (v) of this section. (i) You may include in the determination of organic HAP in waste materials only the waste materials that are generated by coating operations for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include in the determination the organic HAP contained in wastewater. (ii) You must determine either the amount of waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that compliance period or a previous compliance period. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section. (iv) You must document your methodology to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4130(h). (v) To the extent that waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total volume of coating solids used during the compliance period. Where: V st Vol c,i V s,i m = number of coatings used during the compliance period. (g) Calculate the organic HAP emission rate, kg organic HAP per liter coating solids used, using Equation 3 of this section: Where: H avg H e V st (h) The organic HAP emission rate for the initial compliance period must be less than or equal to the applicable emission limit in § 63.4090. You must keep all records as required by §§ 63.4130 and 63.4131. As part of the Notification of Compliance Status required by § 63.4110, you must identify the coating operation(s) for which you used the emission rate without add-on controls option and, if there were no deviations from the emission limitations, submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4090. [67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019] § 63.4152 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, for the compliance period, the organic HAP emission rate determined according to § 63.4151(a) through (g) must be less than or equal to the applicable emission limit in § 63.4090. Each month following the initial compliance period described in § 63.4150 is a compliance period. (b) If the organic HAP emission rate for any compliance period exceeded the applicable emission limit in § 63.4090, this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.4110(b)(6) and 63.4120(e). (c) As part of each semiannual compliance report required by § 63.4120, if there were no deviations from the emission limitations, you must submit a statement that you were in compliance with the emission limitations during the reporting period because, during the compliance period, the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4090. (d) You must maintain records as specified in §§ 63.4130 and 63.4131. [67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019] Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.4160 By what date must I conduct initial performance tests and other initial compliance demonstrations? (a) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS you use to demonstrate compliance must be installed and operating no later than the applicable compliance date specified in § 63.4083. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4164, 63.4165, and 63.4166, and establish the operating limits required by § 63.4092 no later than the compliance date specified in § 63.4083. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4161(h), you must initiate the first material balance no later than the compliance date specified in § 63.4083. (2) You must develop and begin implementing the work practice plan required by § 63.4093 no later than the compliance date specified in § 63.4083. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4161. The initial compliance period begins on the applicable compliance date specified in § 63.4083 and ends on the last day of the first full month after the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next month. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4164, 63.4165, and 63.4166; results of liquid-liquid material balances conducted according to § 63.4161(h); calculations according to § 63.4161 and supporting documentation showing that, during the initial compliance period, the organic HAP emission rate was equal to or less than the emission limit in § 63.4090(a); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4168; and documentation of whether you developed and implemented the work practice plan required by § 63.4093. (b) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS you use to demonstrate compliance must be installed and operating no later than the applicable compliance date specified in § 63.4083. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4164, 63.4165, and 63.4166, and establish the operating limits required by § 63.4092 no later than 180 days after the applicable compliance date specified in § 63.4083. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4161(h), you must initiate the first material balance no later than 180 days after the applicable compliance date specified in § 63.4083. (2) You must develop and begin implementing the work practice plan required by § 63.4093 no later than the compliance date specified in § 63.4083. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4161. The initial compliance period begins on the applicable compliance date specified in § 63.4083 and ends on the last day of the first full month after the compliance date, or the date you conduct the performance tests of the emission capture systems and add-on control devices, or initiate the first liquid-liquid material balance for a solvent recovery system; whichever is later. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4164, 63.4165, and 63.4166; results of liquid-liquid material balances conducted according to § 63.4161(h); calculations according to § 63.4161 and supporting documentation showing that, during the initial compliance period, the organic HAP emission rate was equal to or less than the emission limit in § 63.4090(b); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4168; and documentation of whether you developed and implemented the work practice plan required by § 63.4093. (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4092 until after you have completed the performance tests specified in paragraph (b)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (b)(1) of this section. This requirement does not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h). [67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019] § 63.4161 How do I demonstrate initial compliance? You may use the emission rate with add-on controls option for any coating operation, for any group of coating operations in the affected source, or for all of the coating operations in the affected source. You may include both controlled and uncontrolled coating operations in a group for which you use this option. You must use either the compliant material option or the emission rate without add-on controls option for any coating operation(s) in the affected source for which you do not use this option. To demonstrate initial compliance, the coating operation(s) for which you use the emission rate with add-on controls option must meet the applicable emission limit in § 63.4090 and the work practice standards required in § 63.4093; and each controlled coating operation must meet the operating limits required in § 63.4092. You must meet all the requirements of this section to demonstrate initial compliance with the emission limitations. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate without add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate with add-on controls option. (a) Except as provided in § 63.4160(b)(4) and except for solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements of § 63.4161(h), you must establish and demonstrate continuous compliance during the initial compliance period with the operating limits required by § 63.4092, using the procedures specified in §§ 63.4167 and 63.4168. (b) You must develop, implement, and document your implementation of the work practice plan required by § 63.4093 during the initial compliance period as specified in § 63.4130. (c) You must follow the procedures in paragraphs (d) through (l) of this section to demonstrate compliance with the applicable emission limit in § 63.4090. (d) Determine the mass fraction of organic HAP, density, volume used, and volume fraction of coating solids. (e) Calculate the total mass of organic HAP emissions before add-on controls. (f) Calculate the organic HAP emission reduction for each controlled coating operation. (g) Calculate the organic HAP emissions reduction for controlled coating operations not using liquid-liquid material balance. Where: H C A I B I C I CE = capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4164 and 63.4165 to measure and record capture efficiency. DRE = organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4164 and 63.4166 to measure and record the organic HAP destruction or removal efficiency. (1) Calculate the kg of organic HAP in the coatings used in the controlled coating operation, using Equation 1A of this section: Where: A I Vol c,i D c,i W c,i m = number of different coatings used. (2) Calculate the kg of organic HAP in the thinners used in the controlled coating operation, using Equation 1B of this section: Where: B I Vol t,j D t,j W t,j n = number of different thinners used. (3) Calculate the kg of organic HAP in the cleaning materials used in the controlled coating operation during the compliance period, using Equation 1C of this section: Where: C I Vol s,k D s,k W s,k p = number of different cleaning materials used. (h) Calculate the organic HAP emissions reduction for controlled coating operations using liquid-liquid material balance. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each compliance period. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the compliance period, kg, based on measurement with the device required in paragraph (h)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating used in the coating operation controlled by the solvent recovery system during the compliance period, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using Method 24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), “Test Method for Volatile Content of Coatings” (incorporated by reference, see (4) Determine the density of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the compliance period, kg per liter, according to § 63.4151(c). (5) Measure the volume of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the compliance period, liters. (6) Calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section: Where: R V M VR Vol i D i C Vi Vol j D j Vol k D k m = number of different coatings used in the coating operation controlled by the solvent recovery system during the compliance period. n = number of different thinners used in the coating operation controlled by the solvent recovery system during the compliance period. p = number of different cleaning materials used in the coating operation controlled by the solvent recovery system during the compliance period. (7) Calculate the mass of organic HAP emissions reduction for the coating operation controlled by the solvent recovery system during the compliance period, using Equation 3 of this section: Where: H CSR A I B I C I R V (i) [Reserved] (j) Calculate the total volume of coating solids used. (k) Calculate the organic HAP emission rate. Where: H HAP H e H C,i H CSR,j V st q = number of controlled coating operations except those controlled with a solvent recovery system. r = number of coating operations controlled with a solvent recovery system. (l) To demonstrate initial compliance with the emission limit, calculated using Equation 4 of this section, must be less than or equal to the applicable emission limit in § 63.4090. You must keep all records as required by §§ 63.4130 and 63.4131. As part of the Notification of Compliance Status required by § 63.4110, you must identify the coating operation(s) for which you used the emission rate with add-on controls option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4090, and you achieved the operating limits required by § 63.4092 and the work practice standards required by § 63.4093. [67 FR 48262, July 23, 2002, as amended at 84 FR 9616, Mar. 15, 2019] § 63.4162 [Reserved] § 63.4163 How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.4090, the organic HAP emission rate for each compliance period determined according to the procedures in § 63.4161 must be equal to or less than the applicable emission limit in § 63.4090. Each month following the initial compliance period described in § 63.4160 is a compliance period. (b) If the organic HAP emission rate for any compliance period exceeded the applicable emission limit in § 63.4090, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4110(b)(6) and 63.4120(g). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4092 that applies to you as specified in Table 1 to this subpart, and you must conduct periodic performance tests as specified in paragraph (c)(3) of this section. (1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4110(b)(6) and 63.4120(g). (2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. For the purposes of completing the compliance calculations specified in § 63.4161, you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation. You must not include those materials in the calculation of organic HAP emissions reductions in Equation 1 of § 63.4161. (3) Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4161(h), you must conduct according to the procedures in §§ 63.4164, 63.4165, and 63.4166 periodic performance tests of each capture system and add-on control device used to demonstrate compliance, and you must establish the operating limits required by § 63.4092. You must conduct the first periodic performance test and establish the operating limits required by § 63.4092 before March 15, 2022, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after March 15, 2017. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. (d) You must meet the requirements for bypass lines in § 63.4168(b). If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.4110(b)(6) and 63.4120(g). For the purposes of completing the compliance calculations specified in § 63.4161, you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation. You must not include those materials in the calculation of organic HAP emissions reductions in Equation 1 of § 63.4161. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4093. If you did not develop a work practice plan, did not implement the plan, or did not keep the records required by § 63.4130(k)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4110(b)(6) and 63.4120(g). (f) As part of each semiannual compliance report required in § 63.4120, you must submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4090, and you achieved the operating limits required by § 63.4092 and the work practice standards required by § 63.4093 during each compliance period. (g) [Reseved] (h) Before September 12, 2019, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations according to the provisions in § 63.6(e). On and after September 12, 2019, as specified in § 63.4100(b), at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions, and determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator. (i) [Reserved] (j) You must maintain records as specified in §§ 63.4130 and 63.4131. [67 FR 48262, July 23, 2002, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9617, Mar. 15, 2019] § 63.4164 What are the general requirements for performance tests? (a) You must conduct each performance test required by § 63.4160 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.4165 and of an add-on control device according to the requirements in § 63.4166. (c) The performance test to determine add-on control device organic HAP destruction or removal efficiency must consist of three runs as specified in § 63.7(e)(3) and each run must last at least 1 hour. [67 FR 48262, July 23, 2002, as amended at 84 FR 9617, Mar. 15, 2019] § 63.4165 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by § 63.4160. (a) You may assume the capture system efficiency is 100 percent if both of the conditions in paragraphs (a)(1) and (2) of this section are met: (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings, thinners, and cleaning materials used in the coating operation are applied within the capture system; coating solvent flash-off and coating, curing, and drying occurs within the capture system and the removal or evaporation of cleaning materials from the surfaces they are applied to occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) If the capture system does not meet both of the criteria in paragraphs (a)(1) and (2) of this section, then you must use one of the three protocols described in paragraphs (c), (d), and (e) of this section to measure capture efficiency. The capture efficiency measurements use TVH capture efficiency as a surrogate for organic HAP capture efficiency. For the protocols in paragraphs (c) and (d) of this section, the capture efficiency measurement must consist of three test runs. Each test run must be at least 3 hours duration or the length of a production run, whichever is longer, up to 8 hours. For the purposes of this test, a production run means the time required for a single part to go from the beginning to the end of production which includes surface preparation activities and drying or curing time. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating, thinner, and cleaning material used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term VOC in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings, thinners, and cleaning materials used in the coating operation during each capture efficiency test run. Where: TVH used TVH i Vol i D i n = number of different coatings, thinners, and cleaning materials used in the coating operation during the capture efficiency test run. (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system, using Equation 2 of this section: Where: CE = capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied and all areas where emissions from these applied coatings and materials subsequently occur such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct, and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure other than the coating operation for which capture efficiency is being determined must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system, using Equation 3 of this section: Where: CE = capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. § 63.4166 How do I determine the add-on control device emission destruction or removal efficiency? (a) For all types of add-on control devices, use the test methods as specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, or 2F in appendix A-1, or Method 2G in appendix A-2, of part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B in appendix A-2 of part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME, PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference, see (4) Use Method 4 in appendix A-3 of part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either Method 25 or 25A in appendix A-7 of part 60, as specified in paragraphs (b)(1) through (3) of this section. You must use the same method for both the inlet and outlet measurements. You may use Method 18 in appendix A-6 of part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (1) Use Method 25 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use Method 25A if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use Method 25A if the add-on control device is not an oxidizer. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume, dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high-volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. Where: M f C c Q sd 0.0416 = conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section. Where: DRE = add-on control device organic emissions destruction or removal efficiency, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [67 FR 48262, July 23, 2002, as amended at 84 FR 9617, Mar. 15, 2019] § 63.4167 How do I establish the emission capture system and add-on control device operating limits during performance tests? During the performance tests required by §§ 63.4160 and 63.4163, and described in §§ 63.4164, 63.4165, and 63.4166, you must establish the operating limits required by § 63.4092 according to this section unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4092. (a) Thermal oxidizers. (1) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature just before the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly inspection of the oxidizer system including the burner assembly and fuel supply lines for problems and, as necessary, adjusting the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer's recommendations and conduct a new performance test to determine destruction efficiency according to § 63.4166. (c) Carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each regeneration cycle and the carbon bed temperature after each carbon bed regeneration and cooling cycle for the regeneration cycle either immediately preceding or immediately following the performance test. (2) The operating limits for your carbon absorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During the performance test, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) Concentrators. (1) During the performance test, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) Use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During the performance test, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) Use the data collected during the performance test to calculate and record the average pressure drop. This is the maximum operating limit for the dilute stream across the concentrator. (f) Emission capture system. (1) During the capture efficiency determination required by §§ 63.4160 and 63.4163, and described in §§ 63.4164 and 63.4165, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. [67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019] § 63.4168 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation except as specified in paragraph (a)(6) of this section. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) You must maintain the CPMS at all times in accordance with § 63.4100(b) and have readily available necessary parts for routine repairs of the monitoring equipment. (5) Before September 12, 2019, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after September 12, 2019, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.4100(b). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Except for periods of required quality assurance or control activities, any period during which the CPMS fails to operate and record data continuously as required by paragraph (a)(1) of this section, or generates data that cannot be included in calculating averages as specified in paragraph (a)(6) of this section, is a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.4120. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install a gas temperature monitor in the gas stream immediately before the catalyst bed, and if you establish operating limits according to § 63.4167(b)(1) and (2), also install a gas temperature monitor in the gas stream immediately after the catalyst bed. (3) For each gas temperature monitoring device, you must comply with the requirements in paragraphs (c)(3)(i) through (vii) of this section. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 4 degrees Fahrenheit or 0.75 percent of the temperature value, whichever is larger. (iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (iv) If a gas temperature chart recorder is used, it must have a measurement sensitivity in the minor division of at least 20 degrees Fahrenheit. (v) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer's owner's manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 30 degrees Fahrenheit of the process temperature sensor's reading. (vi) Any time the sensor exceeds the manufacturer's specified maximum operating temperature range, either conduct calibration and validation checks or install a new temperature sensor. (vii) At least monthly, inspect components for integrity and electrical connections for continuity, oxidation, and galvanic corrosion. (d) Carbon adsorbers. (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent, capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must have a measurement sensitivity of 1 percent of the temperature recorded or 1 degree Fahrenheit, whichever is greater, and must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (e) Condensers. (1) The gas temperature monitor must have a measurement sensitivity of 1 percent of the temperature recorded or 1 degree Fahrenheit, whichever is greater. (2) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (f) Concentrators. (1) You must install a temperature monitor in the desorption gas stream. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must install a device to monitor pressure drop across the zeolite wheel or rotary carbon bed. The pressure monitoring device must meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a transducer with a minimum tolerance of 1 percent of the pressure range. (iv) Check the pressure tap daily. (v) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (vi) Conduct calibration checks anytime the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vii) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. (g) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (g)(1)(i) through (iv) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iii) Conduct a flow sensor calibration check at least semiannually. (iv) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Check pressure tap pluggage daily. (iv) Using an inclined manometer with a measurement sensitivity of 0.0002 inch water, check gauge calibration quarterly and transducer calibration monthly. (v) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vi) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. [67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019; 85 FR 41149, July 8, 2020] Other Requirements and Information § 63.4180 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as the EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section. (1) Approval of alternatives to the work practice standards in § 63.4093 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.4181 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, the General Provisions of this part, and in this section as follows: Add-on control device Adhesive Capture device Capture efficiency capture system efficiency Capture system Cleaning material Coating Coating operation Coating solids Continuous parameter monitoring system Controlled coating operation Deviation (1) Before September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart; and (2) On and after September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Emission limitation Enclosure Exempt compound Facility maintenance Heat transfer coil Large appliance part Large appliance product (1) Cooking equipment (ovens, ranges, and microwave ovens but not including toasters, counter-top grills, and similar small products); (2) Refrigerators, freezers, and refrigerated cabinets and cases; (3) Laundry equipment (washers, dryers, drycleaning machines, and pressing machines); (4) Dishwashers, trash compactors, and water heaters; and (5) HVAC units, air-conditioning (except motor vehicle) units, air-conditioning and heating combination units, comfort furnaces, and electric heat pumps. Specifically excluded are heat transfer coils and large commercial and industrial chillers. Large commercial and industrial chillers Manufacturer's formulation data Mass fraction of organic HAP Month Organic HAP content Permanent total enclosure (PTE) Protective oil Research or laboratory facility Responsible official Startup, initial Surface preparation Temporary total enclosure Thinner Total volatile hydrocarbon (TVH) Uncontrolled coating operation Volatile organic compound (VOC) Volume fraction of coating solids Wastewater [67 FR 48262, July 23, 2002, as amended at 84 FR 9618, Mar. 15, 2019] Table 1 to Subpart NNNN of Part 63—Operating Limits if Using the Emission Rate With Add-On Controls Option If you are required to comply with operating limits by § 63.4092, you must comply with the applicable operating limits in the following table: For following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. thermal oxidizer a. the average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.4167(a) i. collecting the combustion temperature data according to § 63.4168(c); 2. catalytic oxidizer a. the average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.4167(b); and either i. collecting the temperature data according to § 63.4168(c); b. ensure that average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.4167(b)(2); or i. collecting the temperature data according to § 63.4168(c); c. develop and implement an inspection and maintenance plan according to § 63.4167(b)(4) i. maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.4167(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. carbon adsorber a. the total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each carbon bed regeneration cycle must not fall below the total regeneration desorbing gas mass flow limit established according to § 63.4167(c) i. measuring the total regeneration desorbing gas (e.g., steam or nitrogen) mass flow for each regeneration cycle according to § 63.4168(d); and b. the temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.4167(c) i. measuring the temperature of the carbon bed after completing each regeneration and any cooling cycle according to § 63.4168(d); and 4. condenser a. the average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.4167(d) i. collecting the condenser outlet (product side) gas temperature according to § 63.4168(e); 5. concentrators, including zeolite wheels and rotary carbon adsorbers a. the average gas temperature of the desorption concentrate stream in any 3-hour period must not fall below the limit established according to § 63.4167(e) i. collecting the temperature data according to 63.4168(f); b. the average pressure drop of the dilute stream across the concentrator in any 3-hour period must not fall below the limit established according to § 63.4167(e) i. collecting the pressure drop data according to 63.4168(f); and 6. emission capture system that is a PTE according to § 63.4165(a) a. the direction of the air flow at all times must be into the enclosure; and either i. collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.4168(g)(1) or the pressure drop across the enclosure according to § 63.4168(g)(2); and b. the average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or See item 6.a. of this table. c. the pressure drop across the enclosure must be at least 0.007 inch H2O, as established in Method 204 of appendix M to 40 CFR part 51 See item 6.a. of this table. 7. emission capture system that is not a PTE according to § 63.4165(a) a. the average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.4167(f) i. collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.4168(g); Table 2 to Subpart NNNN of Part 63—Applicability of General Provisions to Subpart NNNN [You must comply with the applicable General Provisions requirements according to the following table:] Citation Subject Applicable to subpart NNNN Explanation § 63.1(a)(1)-(12) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart NNNN is also specified in § 63.4081. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2)-(3) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart NNNN. § 63.1(c)(4)-(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.4181. § 63.3(a)-(c) Units and Abbreviations Yes § 63.4(a)(1)-(5) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Severability Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1)-(6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.4083 specifies the compliance dates. § 63.6(c)(1)-(5) Compliance Dates for Existing Sources Yes Section 63.4083 specifies the compliance dates. § 63.6(e)(1)(i) Operation and Maintenance Yes, before September 12, 2019. No on and after September 12, 2019 See § 63.6(e)(1)(ii) Operation and Maintenance Yes, before September 12, 2019. No on and after September 12, 2019 § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3) Startup, shutdown, malfunction plan (SSMP) Yes, before September 12, 2019. No on and after September 12, 2019 § 63.6(f)(1) Compliance Except During Startup, Shutdown, and Malfunction Yes, before September 12, 2019. No on and after September 12, 2019 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g)(1)-(3) Use of an Alternative Standard Yes § 63.6(h) Compliance With Opacity/Visible Emission standards No Subpart NNNN does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.4164, 63.4165, and 63.4166. § 63.7(a)(2) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.4160 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3) Performance Tests Required By the Administrator Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.7(e)(1) Conduct of performance tests Yes, before September 12, 2019. No on and after September 12, 2019 See § 63.7(e)(2)-(4) Conduct of performance tests Yes. § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.8(a)(1)-(3) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for monitoring are specified in § 63.4168. § 63.8(a)(4) Additional Monitoring Requirements No Subpart NNNN does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring Systems (CMS) Operation and Maintenance Yes, before September 12, 2019. No on and after September 12, 2019 § 63.8(c)(2)-(3) Continuous Monitoring Systems (CMS) Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.4168. § 63.8(c)(4) CMS No Section 63.4168 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart NNNN does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Section 63.4168 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods and Reporting No Section 63.4120 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart NNNN does not require the use of CEMS. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart NNNN does not require the use of CEMS. § 63.8(g)(1)-(5) Data Reduction No Sections 63.4167 and 63.4168 specify monitoring data reduction. § 63.9(a)-(d) Notification Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standard. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart NNNN does not have opacity or visible emission standards. § 63.9(g)(1)-(3) Additional Notifications When Using CMS No Subpart NNNN does not require the use of CEMS. § 63.9(h) Notification of Compliance Status Yes Section 63.4110 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.4130 and 63.4131. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns Yes, before September 12, 2019. No on and after September 12, 2019 See § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet Standards Yes, before September 12, 2019. No on and after September 12, 2019 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(vi) Records for CMS malfunctions Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(vii)-(xi) Records Yes § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart NNNN does not require the use of CEMS. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the SSMP Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.4120. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.4120(h). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart NNNN does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart NNNN does not require the use of CEMS. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.4120(g) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart NNNN does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart NNNN does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Availability of Information/Confidentiality Yes [84 FR 9618, Mar. 15, 2019, as amended at 85 FR 73906, Nov. 19, 2020] Table 3 to Subpart NNNN of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent/solvent blend CAS. No. Average organic HAP mass fraction Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 4 to Subpart NNNN of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent type Average organic HAP mass fraction Typical organic HAP, percent by mass Aliphatic b 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic c 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. a b c Table 5 to Subpart NNNN of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [84 FR 9621, Mar. 15, 2019] Subpart OOOO—National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles Source: 68 FR 32189, May 29, 2003, unless otherwise noted. What This Subpart Covers § 63.4280 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for fabric and other textiles printing, coating and dyeing operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.4281 Am I subject to this subpart? (a) Except as provided in paragraphs (c) and (d) of this section, the source category to which this subpart applies is the printing, coating, slashing, dyeing or finishing of fabric and other textiles, and it includes the subcategories listed in paragraphs (a)(1) through (3) of this section. (1) The coating and printing subcategory includes any operation that coats or prints fabric or other textiles. Coating and printing operations are defined in § 63.4371. Coated and printed substrates are used in products including, but not limited to, architectural structures, apparel, flexible hoses, hot-air balloons, lightweight liners, luggage, military fabric, rainwear, sheets, tents, threads and V-belts. The coating and printing subcategory includes any fabric or other textile web coating line that also performs coating on another substrate unless such coating is specifically excluded from this subpart by another NESHAP in this part or is exempted from the requirements of this subpart based on the criteria in paragraph (e) of this section. Web coating lines exclusively dedicated to coating or printing fabric and other textiles are subject to this subpart. (2) The slashing subcategory includes any operation with slashing operations as defined in § 63.4371. In the slashing process, sizing compounds are applied to warp yarn to bind the fiber together and stiffen the yarn to provide abrasion resistance during weaving. (3) The dyeing and finishing subcategory includes any operation that dyes or finishes a fabric or other textiles. Dyeing and finishing operations are defined in § 63.4371. Dyed and finished textiles are used in a wide range of products including, but not limited to, apparel, carpets, high-performance industrial fabrics, luggage, military fabrics, outer wear, sheets, towels, and threads. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.4282, that is a major source, is located at a major source, or is part of a major source of hazardous air pollutants (HAP). Major source is defined in § 63.2 of this part. (c) This subpart does not apply to coating, printing, slashing, dyeing, or finishing operations that meet any of the criteria of paragraphs (c)(1) through (5) of this section. (1) Coating and printing, slashing, or dyeing and finishing operations conducted at a source that uses only regulated materials that contain no organic HAP as defined in § 63.4371. (2) Coating, printing, slashing, dyeing, or finishing that occurs at research or laboratory operations or that is part of janitorial, building, and facility maintenance operations. (3) Coating, printing, slashing, dyeing, or finishing operations used by a facility and not for commerce, unless organic HAP emissions from the coating, printing, slashing, dyeing or finishing operations are as high as the major source HAP emissions specified in paragraph (b) of this section. (4) Fabric and other textile substrate web coating or printing operations conducted at ambient temperatures that do not involve drying or curing equipment such as ovens, tenter frames, steam cans, or dryers. (5) Coating, printing, slashing, dyeing, or finishing operations performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any State). (d) Web coating lines specified in paragraphs (d)(1) through (4) of this section are not part of the affected source of this subpart. (1) Any web coating operation that is part of the affected source of subpart JJJJ of this part (national emission standards for hazardous air pollutants for paper and other web coating). This would include any web coating line that coats both a paper and other web substrate and a fabric or other textile substrate for use in flexible packaging, pressure sensitive tape and abrasive materials, or any web coating line laminating a fabric substrate to paper. (2) Any web coating operation that is part of the affected source of subpart XXXX of this part (NESHAP for tire manufacturing). This would include any web coating line that applies coatings to both tire cord and to textile cord used in the production of belts and hoses. (3) Coating, slashing, dyeing, or finishing operations at a synthetic fiber manufacturing facility where the fibers are the final product of the facility. (4) Any web coating line that coats or prints fabric or other textiles for use in flexible packaging and that is included in an affected source under subpart KK of this part (National Emission Standards for the Printing and Publishing Industry). (e) Any web coating line that coats both fabric and other textiles, and another substrate such as paper, must comply with the subpart of this part that applies to the predominant activity conducted on the affected source. Predominant activity for this subpart is 90 percent of the mass of substrate coated during the compliance period. (For example, a web coating line that coats 90 percent or more of a paper substrate, and 10 percent or less of a fabric or other textile substrate, would be subject to 40 CFR 63, subpart JJJJ.) [68 FR 32189, May 29, 2003, as amended at 69 FR 47005, Aug. 4, 2004; 71 FR 29805, May 24, 2006] § 63.4282 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source within each of the three subcategories listed in § 63.4281(a). (b) The affected source for the web coating and printing subcategory is the collection of all of the items listed in paragraphs (b)(1) through (5) of this section that are used in fabric and other textiles web coating and printing operations. The regulated materials for the web coating and printing subcategory are the coating, printing, thinning and cleaning materials used in the affected source. (1) All web coating and printing equipment used to apply cleaning materials to a substrate on the coating or printing line to prepare it for coating or printing material application, to apply coating or printing materials to a substrate and to dry or cure the coating or printing materials, or equipment used to clean web coating/printing operation equipment; (2) All containers used for storage and vessels used for mixing coating, printing, thinning, or cleaning materials; (3) All equipment and containers used for conveying coating, printing, thinning, or cleaning materials; (4) All containers used for storage, and all equipment and containers used for conveying waste materials generated by a coating or printing operation; and (5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a coating or printing operation. (c) The affected source for the slashing subcategory is the collection of all of the items listed in paragraphs (c)(1) through (5) of this section that are used in slashing operations. The regulated materials for the slashing subcategory are the slashing materials used in the affected source. (1) All slashing equipment used to apply and dry size on warp yarn; (2) All containers used for storage and vessels used for mixing slashing materials; (3) All equipment and containers used for conveying slashing materials; (4) All containers used for storage and all equipment and containers used for conveying waste materials generated by a slashing operation; and (5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a slashing operation. (d) The affected source for the dyeing and finishing subcategory is the collection of all of the items listed in paragraphs (d)(1) through (5) of this section that are used in dyeing and finishing operations. The regulated materials for the dyeing and finishing subcategory are the dyeing and finishing materials used in the affected source. (1) All dyeing and finishing equipment used to apply dyeing or finishing materials, to fix dyeing materials to the substrate, to rinse the textile substrate, or to dry or cure the dyeing or finishing materials; (2) All containers used for storage and vessels used for mixing dyeing or finishing materials; (3) All equipment and containers used for conveying dyeing or finishing materials; (4) All containers used for storage, and all equipment and containers used for conveying, waste materials generated by a dyeing or finishing operation; and (5) All equipment, structures, and/or devices(s) used to convey, treat, or dispose of wastewater streams or residuals generated by a dyeing or finishing operation. (e) An affected source is a new source if it meets the criteria in paragraph (e)(1) of this section and the criteria in either paragraph (e)(2) or (3) of this section. (1) You commenced the construction of the source after July 11, 2002. (2) The web coating and printing, slashing, or dyeing and finishing operation is performed at a source where no web coating and printing, slashing, or dyeing and finishing operation was previously performed. (3) The web coating and printing, slashing, or dyeing and finishing operation is performed in a subcategory in which no web coating and printing, slashing, or dyeing and finishing operation was previously performed. (f) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (g) An affected source is existing if it is not new or reconstructed. § 63.4283 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4320, 63.4330, 63.4340, and 63.4350. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before May 29, 2003, the compliance date is May 29, 2003. (2) If the initial startup of your new or reconstructed affected source occurs after May 29, 2003, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is the date 3 years after May 29, 2003. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or May 29, 2003, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after May 29, 2003, whichever is later. (d) You must meet the notification requirements in § 63.4310 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.4290 What emission limits must I meet? You must meet the emission limit for the subcategory or subcategories present in your facility. The three subcategories are: Web coating and printing, slashing, and dyeing and finishing. Table 1 to this subpart presents the emission limits for a new or reconstructed affected source and for an existing affected source in each subcategory. § 63.4291 What are my options for meeting the emission limits? You must include all regulated materials (as defined in § 63.4371) used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in Table 1 to this subpart. To make this determination, you must use at least one of the compliance options for the subcategory listed in paragraphs (a) through (c) of this section. (a) Web coating and printing. (1) Compliant material option. (2) Emission rate without add-on controls option. (3) Emission rate with add-on controls option. (4) Organic HAP overall control efficiency option. (5) Oxidizer outlet organic HAP concentration limit. (b) Slashing. (c) Dyeing and finishing. (1) Compliant material option. (2) Emission rate without add-on controls option. (3) Emission rate with add-on controls option. (4) Equivalent emission rate option. (i) The fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater is at least 90 percent, determined according to § 63.4331(d). (ii) The wastewater is discharged to a POTW or onsite secondary wastewater treatment. (iii) The total organic HAP emissions from your dyeing/finishing affected source are less than 10 tons per year, as calculated in Equation 4 of § 63.4331. (iv) You must meet the applicable requirements of § 63.4330 and maintain records in accordance with § 63.4312(c)(2)(iv) to demonstrate compliance with the equivalent emission rate option. § 63.4292 What operating limits must I meet? (a) For any web coating/printing operation, slashing operation, or dyeing/finishing operation on which you use the compliant material option; web coating/printing operation or dyeing/finishing operation on which you use the emission rate without add-on controls option; or dyeing/finishing affected source on which you use the equivalent emission rate limit option, you are not required to meet any operating limits. (b) For any controlled web coating/printing operation or dyeing/finishing operation on which you use the emission rate with add-on controls option, or controlled web coating/printing operation on which you use the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option, except those web coating/printing operations for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4341(e)(5) and those dyeing/finishing operations for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4341(f)(5), you must meet the operating limits specified in Table 2 of this subpart. These operating limits apply to the emission capture and control systems on the web coating/printing operation(s) and dyeing/finishing operations for which you use this option, and you must establish the operating limits during the performance test according to the procedures in § 63.4363. You must meet the operating limits at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 2 of this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). § 63.4293 What work practice standards must I meet? (a) For any slashing operation, you are not required to meet any work practice standards. For any web coating/printing operation(s) or dyeing/finishing operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. For any dyeing/finishing affected source on which you use the equivalent emission rate option, you are not required to meet any work practice standards. (b) If you use either the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for a web coating/printing operation; or you use the emission rate with add-on controls option for a dyeing/finishing operation; you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of regulated materials used in, and waste materials generated by, the coating/printing or dyeing/finishing operations for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing regulated materials and waste materials must be stored in closed containers. (2) Spills of organic-HAP-containing regulated materials, and waste materials must be minimized. (3) Organic-HAP-containing regulated materials and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing regulated materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of web coating/printing or dyeing/finishing storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), you may request approval from the Administrator to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.4300 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) through (4) of this section. (1) Any web coating/printing, slashing, or dyeing/finishing operation(s) for which you use the compliant material option, as specified in § 63.4291(a)(1), (b), or (c)(1) must be in compliance with the applicable emission limit in Table 1 to this subpart at all times. (2) Any web coating/printing or dyeing/finishing operation(s) for which you use the emission rate without add-on controls option, as specified in § 63.4291(a)(2) or (c)(2), must be in compliance with the applicable emission limit in Table 1 to this subpart for all compliance periods. (3) Any web coating/printing or dyeing/finishing operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.4291(a)(3) or (c)(3), and any web coating/printing operation(s) for which you use either the organic HAP overall control efficiency option, as specified in § 63.4291(a)(4), or the oxidizer outlet organic HAP concentration option, as specified in § 63.4291(a)(5), must be in compliance with the emission limitations as specified in paragraphs (a)(3)(i) through (iii) of this section. (i) Before September 12, 2019, the web coating/printing or dyeing/finishing operation(s) must be in compliance with the applicable emission limit in Table 1 to this subpart or minimize emissions at all times as required by § 63.6(e)(1). On and after September 12, 2019, the web coating/printing or dyeing/finishing operation(s) must be in compliance with the applicable emission limit in Table 1 to this subpart at all times. (ii) Each controlled web coating/printing or dyeing/finishing operation must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4292 for all averaging time periods except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5) or § 63.4351(d)(5). (iii) Each controlled web coating/printing or dyeing/finishing operation must be in compliance with the work practice standards in § 63.4293 at all times. (4) Any dyeing/finishing affected source for which you use the equivalent emission rate option, as specified in § 63.4291(c)(4), must operate within the operating scenarios, as defined in § 63.4371, for which you determined the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to wastewater according to § 63.4331(d) at all times. (b) Before September 12, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). On and after September 12, 2019, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before September 12, 2019, if your affected source uses an emission capture system and add-on control device, you must develop a written startup, shutdown, and malfunction plan according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any web coating/printing or dyeing/finishing operation equipment such as conveyors that move the substrate among enclosures that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions. A startup, shutdown, and malfunction plan is not required on and after September 12, 2019. [68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9623, Mar. 15, 2019] § 63.4301 What parts of the General Provisions apply to me? Table 3 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.4310 What notifications must I submit? (a) You must submit the notifications in §§ 63.7(b) and (c), 63.8(f)(4), and 63.9(b) through (e) and (h) that apply to you by the dates specified in those sections, except as provided in paragraphs (b) and (c) of this section. (b) Initial Notification. (c) Notification of Compliance Status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4320, § 63.4330, § 63.4340, or § 63.4350 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.4291 that you used during the initial compliance period on each web coating/printing operation in each web coating/printing affected source, on each slashing operation in each slashing affected source, and on each dyeing/finishing operation in each dyeing/finishing affected source. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description, and statement of the cause of, the deviation. (ii) If you failed to meet the applicable emission limit in Table 1 to this subpart, include all the calculations you used to determine the kilogram (kg) organic HAP emitted per kg of solids applied in coating and printing material or the weight percent organic HAP compounds in slashing, dyeing or finishing material to demonstrate your failure to meet the applicable emission limit. You do not need to submit information provided by the materials suppliers or manufacturers or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iii) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example regulated material or a summary of the results of testing conducted according to § 63.4321(e)(1) or (2). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP and mass fraction of solids for one coating or printing formulation including thinning materials, mass fraction of organic HAP for one cleaning material and mass fraction of organic HAP for all of the regulated materials as purchased used in one slashing operation or dyeing/ finishing operation. (ii) Mass of coating or printing formulation used in web coating/printing operation or of dyeing and finishing materials used in the dyeing/finishing operation during the compliance period. (iii) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 or 4 of § 63.4331. (iv) The mass of organic HAP in the dyeing and finishing materials applied during the compliance period and the mass of organic HAP in wastewater discharged to a POTW or receiving onsite secondary treatment for which you are claiming an allowance in Equation 4 of § 63.4331. (8) The calculation of kg organic HAP per kg of coating and printing solids applied and of kg organic HAP per kg of dyeing and finishing material as purchased for the compliance option(s) you use, as specified in paragraphs (c)(8)(i) through (vii) of this section. (i) For the compliant material option as specified in § 63.4291(a)(1) for web coating/printing operations, provide an example calculation of the organic HAP content for one coating and one printing material, as appropriate, using Equation 1 of § 63.4321. (ii) For the emission rate without add-on controls option as specified in § 63.4291(a)(2) for web coating/printing operations, provide the calculation of the total mass of organic HAP emissions; the calculation of the total mass of coating and printing solids applied; and the calculation of the organic HAP emission rate, using Equations 1, 2, and 3, respectively, of § 63.4331. (iii) For the emission rate without add-on controls option as specified in § 63.4291(c)(2) for dyeing/finishing operations, provide the calculation of the total mass of organic HAP emissions; the calculation of the total mass of dyeing and finishing materials applied; and the calculation of the organic HAP emission rate, using Equations 4, 5, and 6, respectively, of § 63.4331. (iv) For the emission rate with add-on controls option as specified in § 63.4291(a)(3) for web coating/printing operations, provide the calculation of the total mass of organic HAP emissions before add-on controls using Equation 1 of § 63.4331, and the calculation of the organic HAP emission rate using Equation 4 of § 63.4341. (v) For the emission rate with add-on controls option as specified in § 63.4291(c)(3) for dyeing/finishing operations, provide the calculation of the mass of organic HAP emissions before add-on controls using Equation 4 of § 63.4331, and the calculation of the organic HAP emission rate using Equation 8 of § 63.4341. (vi) For the organic HAP overall control efficiency option as specified in § 63.4291(a)(4), provide the calculation of the total mass of organic HAP emissions before add-on controls using Equation 1 of § 63.4331 and the calculation of the organic HAP overall control efficiency using Equation 1 of § 63.4351. (vii) For the equivalent emission rate option as specified in § 63.4291(c)(4), provide the calculation of the fraction of organic HAP applied in affected processes that is discharged to wastewater according to § 63.4331(d), the calculation of the total organic HAP emissions from your dyeing/finishing affected source using Equation 4 of § 63.4331, and documentation that organic HAP containing wastewater is either discharged to a POTW or treated onsite in a treatment system that includes at least secondary treatment. (9) For the emission rate with add-on controls option as specified in § 63.4291(a)(3) and (c)(3), the organic HAP overall control efficiency option as specified in § 63.4291(a)(4), and the oxidizer outlet organic HAP concentration option as specified in § 63.4291(a)(5), for each controlled web coating/printing or dyeing/finishing operation using an emission capture system and add-on control device other than a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5) or § 63.4351(d)(5), you must include the information specified in paragraphs (c)(9)(i) through (v) of this section. (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. If you are demonstrating compliance with the oxidizer outlet organic HAP concentration option, the emission capture system must be a PTE. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4293. (v) Before September 12, 2019, a statement of whether or not you developed the startup, shutdown, and malfunction plan required by § 63.4300(c). This statement is not required on and after September 12, 2019. [68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9623, Mar. 15, 2019; 85 FR 73907, Nov. 19, 2020] § 63.4311 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4320, § 63.4330, § 63.4340, or § 63.4350 that applies to your affected source and ends on June 30 or December 31, whichever date is the first date at least 6 months after the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. (iv) Identification of the compliance option or options specified in § 63.4291 that you used on each web coating/printing and dyeing/finishing operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. (v) If you used the emission rate without add-on controls, the emission rate with add-on controls, or the organic HAP overall control efficiency compliance option for web coating/printing operations (§ 63.4291(a)(2), (3), or (4)), or the emission rate without add-on controls or the emission rate with add-on controls compliance option for dyeing/finishing operations (§ 63.4291(c)(2) or (c)(3)), the calculation results for each compliance period ending each month during the 6-month reporting period. (4) No deviations. (5) Deviations: Compliant material option. (i) Before September 12, 2019, the information in paragraph (a)(5)(i)(A) through (D) of this section. (A) Identification of each coating, printing, slashing, dyeing or finishing material applied that deviated from the emission limit and each thinning or cleaning material applied in web coating/printing operations that contained organic HAP, and the dates and time periods each was applied. (B) The calculation of the organic HAP content using Equation 1 of § 63.4321 for each coating or printing material identified in paragraph (a)(5)(i)(A) of this section. You do not need to submit background data supporting this calculation ( e.g., (C) The determination of mass fraction of organic HAP for each regulated material identified in paragraph (a)(5)(i)(A) of this section. You do not need to submit background data supporting this calculation ( e.g., (D) A statement of the cause of each deviation. (ii) On and after September 12, 2019, the information in paragraphs (a)(5)(ii)(A) through (E) of this section. (A) Identification of each coating, printing, slashing, dyeing or finishing material applied that deviated from the emission limit and each thinning or cleaning material applied in web coating/printing operations that contained organic HAP, and the date, time, and duration each was applied. (B) The calculation of the organic HAP content using Equation 1 of § 63.4321 for each coating or printing material identified in paragraph (a)(5)(ii)(A) of this section. You do not need to submit background data supporting this calculation ( e.g., (C) The determination of mass fraction of organic HAP for each regulated material identified in paragraph (a)(5)(ii)(A) of this section. You do not need to submit background data supporting this calculation ( e.g., (D) A statement of the cause of each deviation (including unknown cause, if applicable). (E) The number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in Table 1 to this subpart, and a description of the method used to estimate the emissions. (6) Deviations: Emission rate without add-on controls option. (i) Before September 12, 2019, the information in paragraphs (a)(6)(i)(A) through (C) of this section. (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in Table 1 to this subpart. (B) The calculations used to determine the organic HAP emission rate for the compliance period in which the deviation occurred. You must submit the calculations for Equations 1, 1A and 1B, 2, and 3 in § 63.4331 for web coating/printing operations; and for Equations 4, 4A, 5, and 6 in § 63.4331 for dyeing/finishing operations; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4331(a)(4)(iii) or (b)(3)(ii); and, for dyeing/finishing operations, if applicable, the mass of organic HAP in wastewater streams calculation for Equation 7 in § 63.4331. You do not need to submit background data supporting these calculations ( e.g., (C) A statement of the cause of each deviation. (ii) On and after September 12, 2019, the information in paragraphs (a)(6)(ii)(A) through (D) of this section. (A) The beginning and ending dates of each compliance period, during which the organic HAP emission rate exceeded the applicable emission limit in Table 1 to this subpart. (B) The calculations used to determine the organic HAP emission rate for the compliance period in which the deviation occurred. You must submit the calculations for Equations 1, 1A and 1B, 2, and 3 in § 63.4331 for web coating/printing operations; and for Equations 4, 4A, 5, and 6 in § 63.4331 for dyeing/finishing operations; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4331(a)(4)(iii) or (b)(3)(ii); and, for dyeing/finishing operations, if applicable, the mass of organic HAP in wastewater streams calculation for Equation 7 in § 63.4331. You do not need to submit background data supporting these calculations ( e.g., (C) A statement of the cause of each deviation (including unknown cause, if applicable). (D) The number of deviations, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in Table 1 to this subpart, and a description of the method used to estimate the emissions. (7) Deviations: Add-on controls options. (i) Before September 12, 2019, the information in paragraphs (a)(7)(i)(A) through (O) of this section. This includes periods of startup, shutdown, and malfunction during which deviations occurred. (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in Table 1 to this subpart. (B) If you use the emission rate option, the calculations used to determine the organic HAP emission rate for each compliance period in which a deviation occurred. You must submit the calculations that apply to you, including Equations 1, 1A, 1B, and 2 of § 63.4331 and Equations 1, 1A, 1B, 1C, 2, 3, 3A and 3B and 4 of § 63.4341 for web coating/printing operations; and Equations 4, 4A, 5, 6, and 7 of § 63.4331 and Equations 5, 5A, 5B, 6, 7, and 8 of § 63.4341 for dyeing/finishing operations. You do not need to submit the background data supporting these calculations ( e.g., (C) If you use the organic HAP overall control efficiency option, the calculations used to determine the organic HAP overall control efficiency for each compliance period in which a deviation occurred. You must submit the calculations that apply to you, including Equations 1, 1A, and 1B of § 63.4331; Equations 1, 1A, 1B, 1C, 2, 3, 3A, and 3B of § 63.4341; and Equation 1 of § 63.4351. You do not need to submit the background data supporting these calculations ( e.g., (D) The date and time that each malfunction started and stopped. (E) A brief description of the CPMS. (F) The date of the latest CPMS certification or audit. (G) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. (H) The date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). (I) The date and time period of each deviation from an operating limit in table 2 to this subpart, date and time period of any bypass of the add-on control device, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (J) A summary of the total duration of each deviation from an operating limit in table 2 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (K) A breakdown of the total duration of the deviations from the operating limits in Table 2 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (L) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (M) A description of any changes in the CPMS, web coating/printing or dyeing/finishing operation, emission capture system, or add-on control device since the last semiannual reporting period. (N) For each deviation from the work practice standards, a description of the deviation, the date and time period duration of the deviation, and the actions you took to correct the deviation. (O) A statement of the cause of each deviation. (ii) On and after September 12, 2019, the information in paragraphs (a)(7)(ii)(A) through (M), (O), and (P) of this section if there was a deviation from the applicable emission limit in Table 1 to this subpart or the applicable operating limit(s) in Table 2 to this subpart (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), and the information in paragraph (a)(7)(ii)(N) of this section if there was a deviation from the applicable work practice standards in § 63.4293(b). (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in Table 1 to this subpart. (B) If you use the emission rate option, the calculations used to determine the organic HAP emission rate for each compliance period in which a deviation occurred. You must submit the calculations that apply to you, including Equations 1, 1A, 1B, and 2 of § 63.4331 and Equations 1, 1A, 1B, 1C, 2, 3, 3A and 3B and 4 of § 63.4341 for web coating/printing operations; and Equations 4, 4A, 5, 6, and 7 of § 63.4331 and Equations 5, 5A, 5B, 6, 7, and 8 of § 63.4341 for dyeing/finishing operations. You do not need to submit the background data supporting these calculations ( e.g., (C) If you use the organic HAP overall control efficiency option, the calculations used to determine the organic HAP overall control efficiency for each compliance period in which a deviation occurred. You must submit the calculations that apply to you, including Equations 1, 1A, and 1B of § 63.4331; Equations 1, 1A, 1B, 1C, 2, 3, 3A, and 3B of § 63.4341; and Equation 1 of § 63.4351. You do not need to submit the background data supporting these calculations ( e.g., (D) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (E) A brief description of the CPMS. (F) The date of the latest CPMS certification or audit. (G) For each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and descriptions of corrective actions taken. (H) For each instance that the CPMS was out-of-control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (I) The date, time, and duration of each deviation from an operating limit in Table 2 to this subpart, and the date, time, and duration of any bypass of the add-on control device. (J) A summary of the total duration of each deviation from an operating limit in Table 2 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total source operating time during that semiannual reporting period. (K) A breakdown of the total duration of the deviations from the operating limits in Table 2 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (L) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (M) A description of any changes in the CPMS, web coating/printing or dyeing/finishing operation, emission capture system, or add-on control device since the last semiannual reporting period. (N) For deviations from the work practice standards, the number of deviations, and, for each deviation, a description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.4300(b). The description of the deviation must include a list of the affected sources or equipment for which the deviation occurred and the cause of the deviation (including unknown cause, if applicable). (O) For deviations from an emission limit in Table 1 to this subpart or operating limit in Table 2 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (P) For each deviation from an emission limit in Table 1 to this subpart or operating limit in Table 2 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in Table 1 to this subpart, and a description of the method used to estimate the emissions. (8) Deviations: Equivalent Emission Rate Option. (i) Before September 12, 2019, the beginning and ending dates of each compliance period during which the deviation occurred. On and after September 12, 2019, the beginning and ending dates of each compliance period during which the deviation occurred, the number of deviations during the compliance period, and, for each deviation, the date, time, and duration of the deviation; a list of the affected sources or equipment; and a statement of the cause of the deviation (including an unknown cause, if applicable). (ii) If the deviation consisted of failure to treat the organic HAP containing wastewater by a biological treatment process, an explanation of the deviation, the duration of the deviation, and the determination of the mass of organic HAP that was discharged in the wastewater that was not treated by a biological treatment process. (iii) The determination of the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater according to § 63.4331(d). (iv) The calculation of the total organic HAP emissions from your dyeing/finishing affected source using Equation 4 of § 63.4331. (b) Performance test reports. (c) Before September 12, 2019, if you use one of the add-on control options in § 63.4291(a) or (c) and you have a startup, shutdown, or malfunction during the semiannual reporting period, you must submit the reports specified in paragraphs (c)(1) and (2) of this section. The reports specified in paragraphs (c)(1) and (2) of this section are not required on and after September 12, 2019. (1) If your actions were consistent with your startup, shutdown, and malfunction plan, you must include the information specified in § 63.10(d) in the semiannual compliance report. (2) If your actions were not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section as required by paragraph (a) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) Beginning no later than June 13, 2019, you must submit the results of the performance test required in paragraph (b) of this section following the procedure specified in paragraphs (d)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (d)(1) of this section. (e) Beginning on March 15, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in § 63.9(h) and § 63.4310(c) to the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov (f) Beginning on March 15, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in paragraph (a) of this section to the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (g) If you are required to electronically submit a report through CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (h) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature (e.g., e.g., [68 FR 32189, May 29, 2003, as amended at 84 FR 9623, Mar. 15, 2019] § 63.4312 What records must I keep? You must collect and keep a record of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data or test data used to determine the mass fraction of organic HAP for coating, printing, slashing, dyeing, finishing, thinning, and cleaning materials; and the mass fraction of solids for coating and printing materials. If you conducted testing to determine mass fraction of organic HAP of coating materials or the mass fraction of solids of coating materials, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraph (c)(1) of this section for web coating/printing operations and the records specified in paragraph (c)(2) of this section for dyeing/finishing operations. (1) A record of the web coating/printing operations on which you used each compliance option and the time periods (beginning and ending dates) you used each option. For each month, a record of all required calculations for the compliance option(s) you used, as specified in paragraphs (c)(1)(i) through (iv) of this section. (i) For the compliant material option, a record of the calculation of the organic HAP content, as purchased, for each coating and printing material applied, using Equation 1 of § 63.4321. (ii) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coating, printing, thinning and cleaning materials applied each compliance period using Equations 1, 1A, and 1B of § 63.4331 and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to § 63.4331(a)(4)(iii); the calculation of the total mass of the solids contained in all coating and printing materials applied each compliance period using Equation 2 of § 63.4331; and the calculation of the organic HAP emission rate for each compliance period using Equation 3 of § 63.4331. (iii) For the emission rate with add-on controls option, a record of the calculation of the total mass of organic HAP emissions before add-on controls for the coating, printing, thinning and cleaning materials applied each compliance period using Equations 1, 1A, and 1B of § 63.4331 and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to § 63.4331(a)(4)(iii); the calculation of the total mass of the solids contained in all coating and printing materials applied each compliance period using Equation 2 of § 63.4331; the calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices using Equations 1, 1A, 1B, and 1C of § 63.4341 and Equations 2, 3, 3A, and 3B of § 63.4341, as applicable; and the calculation of the organic HAP emission rate for each compliance period using Equation 4 of § 63.4341. (iv) For the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option, the records specified in paragraph (j) of this section. (2) A record of the dyeing/finishing operations on which you used each compliance option and the time periods (beginning and ending dates) you used each option. For each month, a record of all required calculations for the compliance option(s) you used, as specified in paragraphs (c)(2)(i) through (iv) of this section. (i) For the compliant material option, a purchase record of the mass fraction of organic HAP for each dyeing, and finishing material applied, according to § 63.4321(e)(1)(iv). (ii) For the emission rate without add-on controls option, the calculation for the total mass of organic HAP emissions for the dyeing and finishing materials applied each compliance period using Equations 4 and 4A of § 63.4331 and, if applicable, the calculations used to determine the mass of organic HAP in waste materials according to § 63.4331(b)(3)(ii) and the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge according to § 63.4331(b)(3)(iii); the calculation of the total mass of dyeing and finishing materials applied each compliance period using Equation 5 of § 63.4331; and the calculation of the organic HAP emission rate for each compliance period using Equation 6 of § 63.4331. (iii) For the emission rate with add-on controls option, a record of the calculation of the total mass of organic HAP emissions before add-on controls for the dyeing and finishing materials applied each compliance period using Equations 4 and 4A of § 63.4331 and, if applicable, the calculation used to determine the mass of organic HAP in waste materials according to § 63.4331(b)(3)(ii) and the determination of the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge according to § 63.4331(b)(3)(iii); the calculation of the total mass of dyeing and finishing materials applied each compliance period using Equation 5 of § 63.4331; the calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices using Equations 5, 5A, and 5B of § 63.4341 and Equations 6, 7, and 7A of § 63.4341, as applicable; and the calculation of the organic HAP emission rate for each compliance period using Equation 8 of § 63.4341. (iv) For the equivalent emission rate option, a record that your dyeing/finishing affected source operated within the operating scenarios used to demonstrate initial compliance, documentation that affected wastewater was either discharged to a POTW or to onsite secondary treatment, and the calculation of the total organic HAP emissions from your dyeing/finishing affected source for each compliance period using Equation 4 of § 63.4331. (d) A record of the name and mass of each regulated material applied in the web coating and printing subcategory and the dyeing and finishing subcategory during each compliance period. If you are using the compliant material option for all regulated materials at the source, you may maintain purchase records for each material used rather than a record of the mass used. (e) A record of the mass fraction of organic HAP for each regulated material applied during each compliance period. (f) A record of the mass fraction of coating and printing solids for each coating and printing material applied during each compliance period. (g) If you use an allowance in Equation 1 or 4 of § 63.4331 for organic HAP contained in waste materials sent to, or designated for shipment to, a treatment, storage, and disposal facility (TSDF) according to § 63.4331(a)(4)(iii) or (b)(3)(ii), you must keep records of the information specified in paragraphs (g)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you used an allowance in Equation 1 or 4 of § 63.4331, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility, and the date of each shipment. (2) Identification of the web coating/printing or dyeing/finishing operations producing waste materials included in each shipment and the compliance period(s) in which you used the allowance for these materials in Equation 1 or 4, respectively, of § 63.4331. (3) The methodology used in accordance with § 63.4331(a)(3)(iii) or (b)(4)(ii) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each compliance period; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (h) If you use an allowance in Equation 4 of § 63.4331 for organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge according to § 63.4331(c), you must keep records of the information specified in paragraphs (h)(1) and (2) of this section. (1) Documentation that the wastewater was either discharged to a POTW or onsite secondary wastewater treatment. (2) Calculation of the allowance, WW, using the fraction of organic HAP applied in affected processes that is discharged to the wastewater determined from the most recent performance test and the mass of organic HAP in the dyeing and finishing materials applied during the compliance period, A, calculated in Equation 4 of § 63.4331. (i) Before September 12, 2019, you must keep records of the date, time, and duration of each deviation. On and after September 12, 2019, for each deviation from an emission limitation reported under § 63.4311(a)(5) through (8), a record of the information specified in paragraphs (i)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.4311(a)(5) through (8). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.4311(a)(5) through (8). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in Table 1 to this subpart or any applicable operating limit in Table 2 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.4311(a)(5) through (8). If you use the equivalent emission rate option to comply with this subpart, a record of the applicable information specified in § 63.4311(a)(8)(ii) through (iv) satisfies the recordkeeping requirement in this paragraph (i)(3). (4) A record of actions taken to minimize emissions in accordance with § 63.4300(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (j) If you use the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option, you must also keep the records specified in paragraphs (j)(1) through (8) of this section. (1) Before September 12, 2019, for each deviation, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction. The record in this paragraph (j)(1) is not required on and after September 12, 2019. (2) Before September 12, 2019, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. The records in this paragraph (j)(2) are not required on and after September 12, 2019. (3) The records required to show continuous compliance with each operating limit specified in Table 2 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4361(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4360 and 63.4361(b) through (e) including the records specified in paragraphs (j)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-fugitive protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (j)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination or oxidizer outlet organic HAP concentration determination as specified in § 63.4362. (i) Records of each add-on control device performance test conducted according to §§ 63.4360 and 63.4362. (ii) Records of the web coating/printing or dyeing/finishing operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4363 and to document compliance with the operating limits as specified in Table 2 to this subpart. (8) A record of the work practice plan required by § 63.4293 and documentation that you are implementing the plan on a continuous basis. [68 FR 32189, May 29, 2003, as amended at 84 FR 9626, Mar. 15, 2019] § 63.4313 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. Any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off site for the remaining 3 years. [68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019] Compliance Requirements for the Compliant Material Option § 63.4320 By what date must I conduct the initial compliance demonstration? You must complete the compliance demonstration for the initial compliance period according to the requirements in § 63.4321. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the first full month after the compliance date. The initial compliance demonstration includes the calculations according to § 63.4321 and supporting documentation showing that, during the initial compliance period, the organic HAP content of each coating and printing material you applied and the mass fraction of organic HAP in each slashing, dyeing, and finishing material you applied did not exceed the applicable limit in Table 1 to this subpart, and documentation that in web coating/printing operations you applied only thinners and cleaners that contained no organic HAP as defined in § 63.4371. § 63.4321 How do I demonstrate initial compliance with the emission limitations? (a) You may use the compliant material option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all the web coating/printing operations in the affected source. You must use either the emission rate without add-on controls option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for any web coating/printing operation(s) in the affected source for which you do not use this option. For a web coating/printing affected source to demonstrate initial compliance using the compliant material option, the web coating/printing operation or group of web coating/printing operations must apply no coating or printing material with an organic HAP content that exceeds the applicable emission limit in Table 1 to this subpart and must apply only thinning or cleaning material that contains no organic HAP, as defined in § 63.4371. (b) You must use the compliant material option for each slashing affected source, as required in Table 1 to this subpart. For a slashing affected source to demonstrate initial compliance using the compliant material option, the slashing operation or group of slashing operations must apply only slashing material with no organic HAP as defined in § 63.4371. (c) You may use the compliant material option for any individual dyeing/finishing operation, for any group of dyeing/finishing operations in the affected source, or for all the dyeing/finishing operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any dyeing/finishing operations in the affected source for which you do not use this option. You may not use the compliant material option for any dyeing/finishing operation in a dyeing/finishing affected source for which you use the equivalent emission rate option. For a dyeing/finishing affected source to demonstrate initial compliance using the compliant material option, the dyeing/finishing operation or group of dyeing/finishing operations must apply no dyeing or finishing material with a mass fraction of organic HAP that exceeds the applicable emission limit in Table 1 to this subpart. (d) Any web coating/printing operation, slashing operation, or dyeing/finishing operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.4292 and 63.4293, respectively. (e) To demonstrate initial compliance with the emission limitations using the compliant material option, you must meet all the requirements of this section for any web coating/printing operation, slashing operation, or dyeing/finishing operation using this option. Use the applicable procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the organic HAP content of regulated materials that are reclaimed onsite and reused in the web coating/printing operation, slashing operation, or dyeing/finishing operation for which you use the compliant material option, provided these regulated materials in their condition as received were demonstrated to comply with the compliant material option. (1) Determine the mass fraction of organic HAP for each material. (i) Method 311 (appendix A to 40 CFR part 63). (A) Count each organic HAP in Table 6 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 6 to this subpart) is measured to be 0.5 percent of the material by mass, you don't have to count it. Express the mass fraction of each organic HAP you count as a value truncated to no more than four places after the decimal point ( e.g., (B) Calculate the total mass fraction of organic HAP in the regulated material being tested by adding up the individual organic HAP mass fractions and truncating the result to no more than three places after the decimal point ( e.g., (ii) Method 24 in appendix A-7 of part 60. see (iii) Alternative method. (iv) Information from the supplier or manufacturer of the material. (v) Solvent blends. (2) Determine the mass fraction of solids for each coating and printing material. (i) Method 24 in appendix A-7 of part 60. see (ii) Alternative method. (iii) Information from the supplier or manufacturer of the material. (3) Calculate the organic HAP content of each coating or printing material. Where: H c W c W f (4) Compliance demonstration. (i) Identify any web coating/printing operation, slashing operation, and dyeing/finishing operation for which you used the compliant material option; (ii) Submit a statement that the web coating/printing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied no coating and printing material for which the organic HAP content exceeds the applicable emission limit in Table 1 to this subpart, and you applied only thinning materials and cleaning materials that contained no organic HAP, as defined in § 63.4371; (iii) Submit a statement that the slashing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied only slashing materials that contained no organic HAP, as defined in § 63.4371; and (iv) Submit a statement that the dyeing/finishing operation(s) was (were) in compliance with the emission limitations during the initial compliance period because you applied no dyeing and finishing material for which the mass fraction of organic HAP exceeds the applicable emission limit in Table 1 to this subpart. [68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019] § 63.4322 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period, to demonstrate continuous compliance, you must apply no coating or printing material for which the organic HAP content determined using Equation 1 of § 63.4321, exceeds the applicable emission limit in Table 1 to this subpart. For each compliance period, to demonstrate continuous compliance, you must apply only slashing material that contains no organic HAP as defined in § 63.4371. For each compliance period, to demonstrate continuous compliance, you must apply no dyeing or finishing material for which the mass fraction of organic HAP, determined according to the requirements of § 63.4321(e)(1)(iv), exceeds the applicable emission limit in Table 1 to this subpart. For each compliance period, you must apply only thinning or cleaning materials that contain no organic HAP (as defined in § 63.4371) in a coating/printing affected source. Each month following the initial compliance period described in § 63.4320 is a compliance period. (b) If you choose to comply with the emission limitations by using the compliant material option, the application of any regulated material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(5). (c) As part of each semiannual compliance report required by § 63.4311, you must identify any web coating/printing operation, slashing operation, or dyeing/finishing operation for which you used the compliant material option. If there were no deviations from the applicable emission limit in Table 1 to this subpart, submit a statement that, as appropriate, the web coating/printing operations were in compliance with the emission limitations during the reporting period because you applied no coating or printing material for which the organic HAP content exceeded the applicable emission limit in Table 1 to this subpart, and you applied only thinning and cleaning materials that contained no organic HAP (as defined in § 63.4371) in a web coating/printing affected source; the slashing operations were in compliance with the emission limitations during the reporting period because you applied only slashing materials with no organic HAP (as defined in § 63.4371) in a slashing affected source; and the dyeing/finishing operations were in compliance with the emission limitations during the reporting period because you applied no dyeing or finishing material for which the mass fraction of organic HAP exceeded the applicable emission limit in Table 1 to this subpart. (d) You must maintain records as specified in §§ 63.4312 and 63.4313. Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.4330 By what date must I conduct the initial compliance demonstration? You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4331. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the 12th full month after the compliance date. The initial compliance demonstration includes the calculations according to § 63.4331 and supporting documentation showing that for web coating/printing operations, the organic HAP emission rate for the initial compliance period was equal to or less than the applicable emission limit in Table 1 to this subpart and for dyeing/finishing operations, the mass fraction of organic HAP for the initial compliance period was less than or equal to the applicable emission limit in Table 1 to this subpart. § 63.4331 How do I demonstrate initial compliance with the emission limitations? (a) For web coating/printing operations, you may use the emission rate without add-on controls option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all the web coating/printing operations as a group in the affected source. You must use either the compliant material option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for any web coating/printing operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the web coating/printing operation or group of web coating/printing operations must meet the applicable emission limit in Table 1 to this subpart but is not required to meet the operating limits or work practice standards in §§ 63.4292 and 63.4293, respectively. You must meet all the requirements of paragraphs (a)(1) through (7) of this section to demonstrate initial compliance with the applicable emission limit in Table 1 to this subpart for the web coating/printing operation(s). When calculating the organic HAP emission rate according to this section, do not include any coating, printing, thinning, or cleaning materials applied on web coating/printing operations for which you use the compliant material option, the emission rate with add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option. Use the procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. (1) Determine the mass fraction of organic HAP for each material. (2) Determine the mass fraction of solids for each material. (3) Determine the mass of each material. (4) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coating and printing materials applied during the compliance period, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinning and cleaning materials applied during the compliance period, kg, as calculated in Equation 1B of this section. R w w (i) Calculate the kg organic HAP in the coating and printing materials applied during the compliance period using Equation 1A of this section: Where: A = Total mass of organic HAP in the coating and printing materials applied during the compliance period, kg. M c, i W c, i m = Number of different coating and printing, materials applied during the compliance period. (ii) Calculate the kg of organic HAP in the thinning and cleaning materials applied during the compliance period using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinning and cleaning materials applied during the compliance period, kg. M t, j W t, j n = Number of different thinning and cleaning materials applied during the compliance period. (iii) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine it according to paragraphs (a)(4)(iii)(A) through (D) of this section. (A) You may include in the determination only waste materials that are generated by web coating/printing operations in the affected source for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater. (B) You must determine either the amount of the waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that compliance period or a previous compliance period. (C) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (a)(4)(iii)(B) of this section. (D) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4312(g). To the extent that waste manifests include this, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (5) Calculate the total mass of coating and printing solids. Where: H t M c, i W f, i m = Number of coating and printing materials applied during the compliance period. (6) Calculate the organic HAP emission rate for the compliance period, kg organic HAP emitted per kg solids used, using Equation 3 of this section: Where: H yr H e H t (7) Compliance demonstration. (b) For dyeing and finishing operations, you may use the emission rate without add-on controls option for any individual dyeing/finishing operation, for any group of dyeing/finishing operations in the affected source, or for dyeing/finishing operations as a group in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any dyeing/finishing operation in the affected source for which you do not use this option. You may not use the emission rate without add-on controls option for any dyeing/finishing operation in a dyeing/finishing affected source for which you use the equivalent emission rate option. To demonstrate initial compliance using the emission rate without add-on controls option, the dyeing/finishing operation or group of operations must meet the applicable emission limit in Table 1 to this subpart but is not required to meet the operating limits or work practice standards in §§ 63.4292 and 63.4293, respectively. You must meet all the requirements of paragraphs (b)(1) through (6) of this section to demonstrate initial compliance with the applicable emission limit in Table 1 to this subpart for the dyeing/finishing operation(s). When calculating the organic HAP emission rate according to this section, do not include any dyeing and finishing materials applied on dyeing/finishing operations for which you use the compliant material option or the emission rate with add-on controls option. Use the procedures in this section on each regulated material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. Water added in mixing at the affected source is not a regulated material and should not be included in the determination of the total mass of dyeing and finishing materials applied during the compliance period, using Equation 5 of this section. (1) Determine the mass fraction of organic HAP for each material. (2) Determine the mass of each material. (3) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the dyeing and finishing materials applied during the compliance period, kg, as calculated in Equation 4A of this section. R w w WW = Total mass of organic HAP in wastewater discharged to a POTW or receiving onsite secondary treatment during the compliance period, kg, determined according to paragraph (b)(3)(iii) of this section. (You may assign a value of zero to WW if you do not wish to use this allowance.) (i) Calculate the kg organic HAP in the dyeing and finishing materials applied during the compliance period using Equation 4A of this section: Where: A = Total mass of organic HAP in the dyeing and finishing materials applied during the compliance period, kg. M c, i W c, i m = Number of dyeing and finishing materials applied during the compliance period. (ii) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 4 of this section, then you must determine it according to paragraphs (b)(3)(ii)(A) through (D) of this section. (A) You may include in the determination only waste materials that are generated by dyeing/finishing operations in the affected source for which you use Equation 4 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater. (B) You must determine either the amount of the waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that compliance period or a previous compliance period. (C) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (b)(3)(ii)(B) of this section. (D) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4312(g). To the extent that waste manifests include this, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (iii) If you choose to account for the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge in Equation 4 of this section, then you must determine it according to paragraph (c) of this section. (4) Calculate the total mass of dyeing and finishing materials. Where: M t M c, i m = Number of dyeing and finishing materials applied during the compliance period. (5) Calculate the organic HAP emission rate, kg organic HAP emitted per kg dyeing and finishing material applied, using Equation 6 of this section: Where: H yr H e M t (6) Compliance demonstration. (i) If your affected source performs only dyeing operations, paragraphs (b)(1) through (5) of this section apply to dyeing materials only, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for dyeing operations. (ii) If your affected source performs only finishing operations, paragraphs (b)(1) through (5) of this section apply to finishing materials only, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for finishing operations. (iii) If your affected source performs both dyeing and finishing operations, paragraphs (b)(1) through (5) of this section apply to dyeing and finishing materials combined, and you must demonstrate compliance with the emission limit in Table 1 to this subpart for dyeing and finishing operations. (c) If you choose to account for the mass of organic HAP contained in wastewater discharged to a POTW or treated onsite prior to discharge in Equation 4 of this section, then you must determine it according to paragraphs (c)(1) through (5) of this section. You may include in the determination only wastewater streams that are generated by dyeing/finishing operations in the affected source for which you use Equation 4 of this section. You must determine the mass of organic HAP from the average organic HAP concentration and mass flow rate of each wastewater stream generated by the affected dyeing/finishing operation (or group of dyeing/finishing operations discharging to a common wastewater stream) for which you use this allowance. You must consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test of the organic HAP loading to the wastewater shall be performed for each operating scenario, as defined in § 63.4371, during the compliance period. (1) Procedure to determine average organic HAP concentration. w (i) Sampling. (ii) Methods. (A) Method 305. (B) Methods 624 and 625. (C) Methods 1624 and 1625. (D) Other EPA method(s). (E) Methods other than EPA method. (iii) Sampling plan. (iv) Validation of methods. (A) Validation of EPA methods and other methods. (B) Validation for EPA methods. (v) Calculate the average concentration. (vi) Adjustment for concentrations determined downstream of the point of determination. (2) Procedures to determine mass flow rate. w (i) Procedures. (A) Knowledge of the wastewater. (B) Historical records. (C) Measurement of mass flow rate. (ii) Adjustment for flow rates determined downstream of the point of determination. (3) Wastewater treatment. (4) Determine the mass of organic HAP in the affected wastewater. Where: WW = The total mass of organic HAP contained in the wastewater streams characterized by the procedures in paragraphs (c)(1) and (2) of this section, kg/yr H w,k F w,k o = Number of wastewater streams characterized by the procedures in paragraphs (c)(1) and (2) of this section. This is your allowance for organic HAP discharged to wastewater and not emitted to the atmosphere, WW in Equation 4. (5) Determine the fraction of organic HAP applied that is discharged to the wastewater. i.e., e.g., (d) If you are determining the fraction of organic HAP applied in your dyeing/finishing affected source that is discharged to the wastewater, to demonstrate compliance with the equivalent emission rate option of § 63.4291(c)(4), then you must determine it according to paragraphs (d)(1) through (5) of this section. You must include in the determination only wastewater streams generated by dyeing/finishing operations in your affected source. You shall determine the mass of organic HAP from the average organic HAP concentration and mass flow rate of each wastewater stream generated by each dyeing/finishing operation (or group of dyeing/finishing operations discharging to a common wastewater stream) in your affected source. You shall consider the actual or anticipated production over the compliance period and include all wastewater streams generated by the affected dyeing/finishing operation(s) during this period. A performance test of the organic HAP loading to the wastewater shall be conducted for each operating scenario, as defined in § 63.4371, during the compliance period. (1) Procedure to determine average organic HAP concentration. (2) Procedures to determine mass flow rate. (3) Wastewater treatment. (4) Determine the mass of organic HAP in the affected wastewater. (5) Determine the fraction of organic HAP applied that is discharged to the wastewater. i.e., § 63.4332 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, determined according to § 63.4331(a) for web coating/printing operations and according to § 63.4331(b) for dyeing/finishing operations, must be less than or equal to the applicable emission limit in Table 1 to this subpart. Each month following the initial compliance period described in § 63.4330 is a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4331 on a monthly basis. (b) If the organic HAP emission rate for any compliance period exceeded the applicable emission limit in Table 1 to this subpart, this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(6). (c) As part of each semiannual compliance report required by § 63.4311, you must identify any web coating/printing operation or dyeing/finishing operation for which you used the emission rate without add-on controls option. If there were no deviations from the applicable emission limit in Table 1 to this subpart, you must submit a statement that, as appropriate, the web coating/printing operations or the dyeing/finishing operations were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in Table 1 to this subpart. (d) You must maintain records as specified in §§ 63.4312 and 63.4313. Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.4340 By what date must I conduct initial performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4283. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4360, 63.4361, and 63.4362, and establish the operating limits required by § 63.4292, within 180 days of the applicable compliance date specified in § 63.4283. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5), you must initiate the first material balance no later than the applicable compliance date specified in § 63.4283. (2) You must develop and begin implementing the work practice plan required by § 63.4293 no later than the compliance date specified in § 63.4283. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4341. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the 12th full month after the compliance date, or the date you conduct the performance tests of the emission capture systems and add-on control devices, or initiate the first liquid-liquid material balance for a solvent recovery system, whichever is later. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4360, 63.4361, and 63.4362; results of liquid-liquid material balances conducted according to § 63.4341(e)(5) or (f)(5); calculations according to § 63.4341 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in Table 1 to this subpart; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4364; and documentation of whether you developed and implemented the work practice plan required by § 63.4293. (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4292 until after you have completed the performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (a)(1) of this section. This requirement does not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements of § 63.4341(e)(5) or (f)(5). (b) Existing sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4283. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4360, 63.4361, and 63.4362, and establish the operating limits required by § 63.4292, within 180 days of the compliance date specified in § 63.4283. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4341(e)(5) or (f)(5), you must initiate the first material balance no later than the compliance date specified in § 63.4283. (2) You must develop and begin implementing the work practice plan required by § 63.4293 no later than the compliance date specified in § 63.4283. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4341. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the 12th full month after the compliance date. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4360, 63.4361, and 63.4362; results of liquid-liquid material balances conducted according to § 63.4341(e)(5) or (f)(5); calculations according to § 63.4341 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in Table 1 to this subpart; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4364; and documentation of whether you developed and implemented the work practice plan required by § 63.4293. [68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019] § 63.4341 How do I demonstrate initial compliance? (a) You may use the emission rate with add-on controls option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all of the web coating/printing operations in the affected source. You may include both controlled and uncontrolled web coating/printing operations in a group for which you use this option. You must use either the compliant material option, the emission rate without add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option for any web coating/printing operation in the affected source for which you do not use the emission rate with add-on controls option. To demonstrate initial compliance, any web coating/printing operation for which you use the emission rate with add-on controls option must meet the applicable emission limitations in Table 1 to this subpart, and in §§ 63.4292 and 63.4293. You must meet all the requirements of paragraphs (a), (c), (d), and (e) of this section. When calculating the organic HAP emission rate according to this section, do not include any coating, printing, thinning, or cleaning materials applied on web coating/printing operations for which you use the compliant material option, the emission rate without add-on controls option, the organic HAP overall control efficiency option, or the oxidizer outlet organic HAP concentration option. You do not need to redetermine the mass of organic HAP in coating, printing, thinning, or cleaning materials that have been reclaimed onsite and reused in the web coating/printing operation(s) for which you use the emission rate with add-on control option. (b) You may use the emission rate with add-on controls option for any individual dyeing/finishing operation, for any group of dyeing/finishing operations in the affected source, or for all of the dyeing/finishing operations in the affected source. You may include both controlled and uncontrolled dyeing/finishing operations in a group for which you use this option. You must use either the compliant material option or the emission rate without add-on controls option for any dyeing/finishing operation in the affected source for which you do not use the emission rate with add-on controls option. You may not use the emission rate with add-on controls option for any dyeing/finishing operation in a dyeing/finishing affected source for which you use the equivalent emission rate option. To demonstrate initial compliance, any dyeing/finishing operation for which you use the emission rate with add-on controls option must meet the applicable emission limitations in Table 1 to this subpart, and in §§ 63.4292 and 63.4293. You must meet all the requirements of paragraphs (b), (c), (d), and (f) this section. When calculating the organic HAP emission rate according to this section, do not include any dyeing or finishing materials applied on dyeing/finishing operations for which you use the compliant material option or the emission rate without add-on controls option. You do not need to redetermine the mass of organic HAP in dyeing or finishing materials that have been reclaimed onsite and reused in the dyeing/finishing operation(s) for which you use the emission rate with add-on controls option. (c) Compliance with operating limits. (d) Compliance with work practice requirements. (e) Compliance with web coating/printing emission limits. (1) Determine the mass fraction of organic HAP, the mass fraction of solids, and mass of materials. (2) Calculate the mass of organic HAP emissions before add-on controls. (3) Calculate the organic HAP emissions reductions for each controlled web coating/printing operation. (4) Calculate the organic HAP emission reduction for each controlled web coating/printing operation not using liquid-liquid material balance. Where: H C A I B I H UNC CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4360 and 63.4361 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4360 and 63.4362 to measure and record the organic HAP destruction or removal efficiency. (i) Calculate the total mass of organic HAP in the coating and printing materials applied in the controlled web coating/printing operation(s) during the compliance period, kg, using Equation 1A of this section: Where: A I M c,i W c,i m = Number of different coating and printing materials applied during compliance period. (ii) Calculate the total mass of organic HAP in the thinning and cleaning materials applied in the controlled web coating/printing operation(s) during the compliance period, kg, using Equation 1B of this section: Where: B I M t,j W t,j n = Number of different thinning and cleaning materials applied during the compliance period. (iii) Calculate the mass of organic HAP in the coating, printing, thinning, and cleaning materials applied in the controlled web coating/printing operation during deviations specified in § 63.4342(c) and (d), using Equation 1C of this section. Where: H UNC M h W h q = Number of different coating, printing, thinning, and cleaning materials applied and used. (5) Calculate the organic HAP emissions reductions for controlled web coating/printing operation using liquid-liquid material balances. (i) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system for the compliance period. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (ii) For each solvent recovery system, determine the mass of volatile organic matter recovered for the compliance period, kg, based on measurement with the device required in paragraph (e)(5)(i) of this section. (iii) Determine the mass fraction of volatile organic matter for each coating, printing, cleaning, and thinning material applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period, kg volatile organic matter per kg coating, printing, cleaning, and thinning material. You may determine the volatile organic matter mass fraction using Method 24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), “Test Method for Volatile Content of Coatings” (incorporated by reference, see (iv) Measure the mass of each coating, printing, thinning, and cleaning material applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period, kg. (v) For the compliance period, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency using Equation 2 of this section: Where: R V M VR M i WV c,i M j WV t,j m = Number of different coating and printing materials applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period. n = Number of different thinning and cleaning materials applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period. (vi) Calculate the mass of organic HAP emission reductions for the web coating/printing operation controlled by the solvent recovery system during the compliance period using Equation 3 of this section and according to paragraphs (e)(5)(vi)(A) and (B) of this section: Where: H CSR A CSR B CSR R V (A) Calculate the total mass of organic HAP in the coating and printing materials applied in the web coating/printing operation(s) controlled by the solvent recovery system during the compliance period, kg, using Equation 3A of this section: Where: A CSR M c,i W c,i m = Number of different coating and printing materials applied during compliance period. (B) Calculate the total mass of organic HAP in the thinning and cleaning materials applied in the web coating/printing operation(s) controlled by the solvent recovery system during the compliance period, kg, using Equation 3B of this section: Where: B CSR M t,j W t,j n = Number of different thinning and cleaning materials applied during the compliance period. (6) Calculate the total mass of coating and printing solids. (7) Calculate the organic HAP emission rate with add-on controls for the compliance period. Where: H HAP H e H C,i H CSR,j H t q = Number of controlled web coating/printing operations not using a liquid-liquid material balance. r = Number of web coating/printing operations controlled by a solvent recovery system using a liquid-liquid material balance. (8) Compliance demonstration. (f) Compliance with dyeing/finishing emission limits. (1) Determine the mass fraction of organic HAP and mass of materials. (2) Calculate the mass of organic HAP emissions before add-on controls. (3) Calculate the organic HAP emissions reductions for each controlled dyeing/finishing operation. (4) Calculate the organic HAP emission reduction for each controlled dyeing/finishing operation not using liquid-liquid material balance. Where: H C A I H UNC CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4360 and 63.4361 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4360 and 63.4362 to measure and record the organic HAP destruction or removal efficiency. (i) Calculate the total mass of organic HAP in the dyeing and finishing materials applied in the controlled dyeing/finishing operation(s) during the compliance period, kg, using Equation 5A of this section: Where: A I M c,i W c,i m = Number of different dyeing and finishing materials applied during compliance period. (ii) Calculate the mass of organic HAP in the dyeing and finishing materials applied in the controlled dyeing/finishing operation during deviations specified in § 63.4342(c) and (d), using Equation 5B of this section. Where: H UNC M h W h q = Number of different dyeing and finishing materials applied. (5) Calculate the organic HAP emissions reductions for controlled dyeing/finishing operation using liquid-liquid material balances. (i) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system for the compliance period. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (ii) For each solvent recovery system, determine the mass of volatile organic matter recovered for the compliance period, kg, based on measurement with the device required in paragraph (f)(5)(i) of this section. (iii) Determine the mass fraction of volatile organic matter for each dyeing and finishing material applied in the dyeing/finishing operation controlled by the solvent recovery system during the compliance period, kg volatile organic matter per kg dyeing and finishing material. You may determine the volatile organic matter mass fraction using information provided by the manufacturer or supplier of the dyeing or finishing material. (iv) Measure the mass of each dyeing and finishing material applied in the dyeing/finishing operation controlled by the solvent recovery system during the compliance period, kg. (v) For the compliance period, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency using Equation 6 of this section: Where: R V M VR M i WV c,i m = Number of different dyeing and finishing materials applied in the dyeing/finishing operation controlled by the solvent recovery system during the compliance period. (vi) Calculate the mass of organic HAP emission reductions for the dyeing/finishing operation controlled by the solvent recovery system during the compliance period using Equation 7 of this section and according to paragraph (f)(5)(vi)(A) of this section: Where: H CSR A CSR R V (A) Calculate the total mass of organic HAP in the dyeing and finishing materials applied in the dyeing/finishing operation(s) controlled by the solvent recovery system during the compliance period, kg, using Equation 7A of this section: Where: A CSR M c,i W c,i m = Number of different dyeing and finishing materials applied during compliance period. (6) Calculate the total mass of dyeing and finishing materials. (7) Calculate the organic HAP emission rate with add-on controls for the compliance period. Where: H HAP H e H C,i H CSR,j M t q = Number of controlled dyeing/finishing operations not using a liquid-liquid material balance. r = Number of dyeing/finishing operations controlled by a solvent recovery system using a liquid-liquid material balance. (8) Compliance demonstration. [68 FR 32189, May 29, 2003, as amended at 84 FR 9627, Mar. 15, 2019] § 63.4342 How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in Table 1 to this subpart, the organic HAP emission rate for each compliance period, determined according to § 63.4341(e) for web coating/printing operations and according to § 63.4341(f) for dyeing/finishing operations, must be equal to or less than the applicable emission limit in Table 1 to this subpart. Each month following the initial compliance period described in § 63.4340 is a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4341 on a monthly basis. (b) If the organic HAP emission rate with add-on controls for any compliance period exceeded the applicable emission limit in Table 1 to this subpart, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4292 that applies to you, as specified in Table 2 to this subpart, and you must conduct periodic performance tests as specified in paragraph (c)(3) of this section. (1) If an operating parameter is out of the allowed range specified in Table 2 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 2 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. For the purposes of completing the compliance calculations specified in § 63.4341 (e)(4) and (f)(4), you must treat the regulated materials applied during a deviation on a controlled coating/printing or dyeing/finishing operation as if they were applied on an uncontrolled coating/printing or dyeing/finishing operation for the time period of the deviation, as indicated in Equation 1 of § 63.4341 for a web coating/printing operation, and in Equation 5 of § 63.4341 for a dyeing/finishing operation. (3) Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), within 5 years following the previous performance test, you must conduct according to the procedures in §§ 63.4360, 63.4361, and 63.4362 a periodic performance test of each capture system and add-on control device used, and you must establish the operating limits required by § 63.4292. You must conduct the first periodic performance test and establish the operating limits required by § 63.4292 before March 15, 2022, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after March 15, 2017. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. (d) You must meet the requirements for bypass lines in § 63.4364(b) for controlled coating/printing or dyeing/finishing operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the web coating/printing or dyeing/finishing operation is running, this is a deviation that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). For the purposes of completing the compliance calculations specified in § 63.4341(e)(4), you must treat the coating, printing, thinning, and cleaning materials applied during a deviation on a controlled web coating/printing operation as if they were used on an uncontrolled web coating/printing operation for the time period of the deviation, as indicated in Equation 1 of § 63.4341. For the purposes of completing the compliance calculations specified in § 63.4341(f)(4), you must treat the dyeing and finishing materials applied during a deviation on a controlled dyeing/finishing operation as if they were used on an uncontrolled dyeing/finishing operation for the time period of the deviation, as indicated in Equation 5 of § 63.4341. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4293. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.4312(j)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (f) As part of each semiannual compliance report required in § 63.4311, you must identify the coating/printing and dyeing/finishing operation(s) for which you use the emission rate with add-on controls option. If there were no deviations from the applicable emission limitations in §§ 63.4290, 63.4292, and 63.4293, you must submit a statement that, as appropriate, the web coating/printing operations or the dyeing/finishing operations were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in Table 1 to this subpart, and you achieved the operating limits required by § 63.4292 and the work practice standards required by § 63.4293 during each compliance period. (g) [Reserved] (h) Before September 12, 2019, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or web coating/printing or dyeing/finishing operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations according to the provisions in § 63.6(e). On and after September 12, 2019, as specified in § 63.4300(b), at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions, and determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator. (i) [Reserved] (j) You must maintain records as specified in §§ 63.4312 and 63.4313. [68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9628, Mar. 15, 2019] Compliance Requirements for the Organic HAP Overall Control Efficiency and Oxidizer Outlet Organic HAP Concentration Options § 63.4350 By what date must I conduct performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4283. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4360, 63.4361, and 63.4362, and establish the operating limits required by § 63.4292, within 180 days of the applicable compliance date specified in § 63.4283. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), you must initiate the first material balance no later than the applicable compliance date specified in § 63.4283. (2) You must develop and begin implementing the work practice plan required by § 63.4293 no later than the compliance date specified in § 63.4283. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4351. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the first full month after the compliance date, or the date you conduct the performance tests of the emission capture systems and add-on control devices, or initiate the first liquid-liquid material balance for a solvent recovery system, whichever is later. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4360, 63.4361, and 63.4362; results of liquid-liquid material balances conducted according to § 63.4351(d)(5); calculations according to § 63.4351 and supporting documentation showing that during the initial compliance period either the organic HAP overall control efficiency was equal to or greater than the applicable overall control efficiency limit in Table 1 to this subpart or the oxidizer outlet organic HAP concentration was no greater than 20 parts per million by volume (ppmv) on a dry basis; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4364; and documentation of whether you developed and implemented the work practice plan required by § 63.4293. (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4292 until after you have completed the performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (a)(1) of this section. This requirement does not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements of § 63.4351(d)(5). (b) Existing sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4283. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4360, 63.4361, and 63.4362, and establish the operating limits required by § 63.4292, within 180 days of the compliance date specified in § 63.4283. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4351(d)(5), you must initiate the first material balance no later than the compliance date specified in § 63.4283. (2) You must develop and begin implementing the work practice plan required by § 63.4293 no later than the compliance date specified in § 63.4283. (3) You must complete the compliance demonstration for the initial compliance period according to the requirements of § 63.4351. The initial compliance period begins on the applicable compliance date specified in § 63.4283 and ends on the last day of the first full month after the compliance date. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4360, 63.4361, and 63.4362; results of liquid-liquid material balances conducted according to § 63.4351(d)(5); calculations according to § 63.4351 and supporting documentation showing that during the initial compliance period the organic HAP overall control efficiency was equal to or greater than the applicable organic HAP overall control efficiency limit in Table 1 to this subpart or the oxidizer outlet organic HAP concentration was no greater than 20 ppmv on a dry basis and the efficiency of the capture system was 100 percent; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4364; and documentation of whether you developed and implemented the work practice plan required by § 63.4293. [68 FR 32189, May 29, 2003, as amended at 84 FR 9628, Mar. 15, 2019] § 63.4351 How do I demonstrate initial compliance? (a) You may use the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option for any individual web coating/printing operation, for any group of web coating/printing operations in the affected source, or for all of the web coating/printing operations in the affected source. You may include both controlled and uncontrolled web coating/printing operations in a group for which you use the organic HAP overall control efficiency option. You must use either the compliant material option, the emission rate without add-on controls option, or the emission rate with add-on controls option for any web coating/printing operation(s) in the affected source for which you do not use either the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option. To demonstrate initial compliance, any web coating/printing operation for which you use the organic HAP overall control efficiency option must meet the applicable organic HAP overall control efficiency limitations in Table 1 to this subpart according to the procedures in paragraph (d) of this section. Any web coating/printing operation for which you use the oxidizer outlet organic HAP concentration option must meet the 20 ppmv on a dry basis limit and achieve 100 percent capture efficiencies according to the procedures in paragraph (e) of this section. To demonstrate initial compliance with either option, you also must meet the applicable operating limits in § 63.4292 according to the procedures in paragraph (b) of this section and the work practice standards in § 63.4293 according to the procedures in paragraph (c) of this section. When calculating the organic HAP overall control efficiency according to this section, do not include any coating, printing, thinning, or cleaning materials applied on web coating/printing operations for which you use the compliant material option, the emission rate without add-on controls option, the emission rate with add-on controls option, or the oxidizer outlet organic HAP concentration option. You do not need to redetermine the mass of organic HAP in coating, printing, thinning, or cleaning materials that have been reclaimed onsite and reused in web coating/printing operation(s) for which you use the organic HAP overall control efficiency option. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with organic HAP overall control efficiency limits. (1) Determine the mass fraction of organic HAP and mass of coating or printing materials. (2) Calculate the total mass of organic HAP emissions before add-on controls. (3) Calculate the organic HAP emissions reductions for each controlled web coating/printing operation. (4) Calculate the organic HAP emissions reductions for controlled web coating/printing operations not using liquid-liquid material balance. (i) Calculate the total mass of organic HAP in the coating and printing material(s) applied in the controlled web coating/printing operation during the compliance period, kg, using Equation 1A of § 63.4341. (ii) Calculate the total mass of organic HAP in the thinning and cleaning materials applied in the controlled web coating/printing operation(s) during the compliance period, kg, using Equation 1B of § 63.4341. (iii) Calculate the mass of organic HAP in the coating, printing, thinning, and cleaning materials applied in the controlled web coating/printing operation during deviations specified in § 63.4352(c) and (d), using Equation 1C of § 63.4341. (5) Calculate the organic HAP emissions reductions for controlled web coating/printing operations using liquid-liquid material balance. (i) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system for the compliance period. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (ii) For each solvent recovery system, determine the mass of volatile organic matter recovered for the compliance period, kg, based on measurement with the device required in paragraph (d)(5)(i) of this section. (iii) Determine the mass fraction of volatile organic matter for each coating and printing material applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period, kg volatile organic matter per kg coating and printing material. You may determine the volatile organic matter mass fraction using Method 24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), “Test Method for Volatile Content of Coatings” (incorporated by reference, see (iv) Measure the mass of each coating, printing, thinning, and cleaning material applied in the web coating/printing operation controlled by the solvent recovery system during the compliance period, kg. (v) For the compliance period, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency using Equation 2 of § 63.4341. (vi) Calculate the mass of organic HAP emissions reductions for the web coating/printing operation controlled by the solvent recovery system during the compliance period, using Equation 3 of § 63.4341. (6) Calculate the organic HAP overall control efficiency. Where: E HAP H C,i H CSR,j H e q = Number of controlled web coating/printing operations except those controlled with a solvent recovery system. r = Number of web coating/printing operations controlled with a solvent recovery system. (7) Compliance demonstration. (e) Compliance with oxidizer outlet organic HAP concentration limit. (1) Install and operate a PTE. (2) Determine oxidizer outlet organic HAP concentration. (3) Compliance demonstration. [68 FR 32189, May 29, 2003, as amended at 84 FR 9629, Mar. 15, 2019] § 63.4352 How do I demonstrate continuous compliance with the emission limitations? (a) You must meet all the requirements of this section to demonstrate continuous compliance with the organic HAP overall control efficiency. The organic HAP overall control efficiency for each compliance period, determined according to the procedures in § 63.4351(d), must be equal to or greater than the applicable organic HAP overall control efficiency limit in Table 1 to this subpart. Each month following the initial compliance period described in § 63.4350 is a compliance period. You must perform the calculations in § 63.4351(d) on a monthly basis. You must meet the applicable requirements of paragraphs (c) through (j) of this section to demonstrate continuous compliance with the oxidizer outlet organic HAP concentration limit. (b) If the organic HAP overall control efficiency for any compliance period failed to meet the applicable organic HAP overall control efficiency in Table 1 to this subpart, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4292 that applies to you, as specified in Table 2 to this subpart. (1) If an operating parameter is out of the allowed range specified in Table 2 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 2 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. For the purposes of completing the compliance calculations specified in § 63.4351(d)(4), you must treat the coating, printing, thinning, and cleaning materials applied during a deviation on a controlled web coating/printing operation as if they were applied on an uncontrolled web coating/printing operation for the time period of the deviation as indicated in Equation 1 of § 63.4341. (d) You must meet the requirements for bypass lines in § 63.4364(b) for controlled web coating/printing operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the web coating/printing operation is running, this is a deviation that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). For the purposes of completing the compliance calculations specified in § 63.4351(d)(4), you must treat the coating, printing, thinning, and cleaning materials applied during a deviation on a controlled web coating/printing operation as if they were applied on an uncontrolled web coating/printing operation for the time period of the deviation as indicated in Equation 1 of § 63.4341. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4293. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.4312(j)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4310(c)(6) and 63.4311(a)(7). (f) As part of each semiannual compliance report required in § 63.4311, you must identify the web coating/printing operation(s) for which you use the organic HAP overall control efficiency option or the oxidizer outlet organic HAP concentration option. If there were no deviations from the organic HAP overall control efficiency limitations, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP overall control efficiency for each compliance period was greater than or equal to the applicable organic HAP overall control efficiency in Table 1 to this subpart, and you achieved the operating limits required by § 63.4292 and the work practice standards required by § 63.4293 during each compliance period. If there were no deviations from the oxidizer outlet organic HAP concentration limit, submit a statement that you were in compliance with the oxidizer outlet organic HAP concentration limit, the efficiency of the capture system is 100 percent, and you achieved the operating limits required by § 63.4292 and the work practice standards required by § 63.4293 during each compliance period. (g) [Reserved] (h) Before September 12, 2019, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of startup, shutdown, or malfunction of the emission capture system, add-on control device, or web coating/printing operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period of startup, shutdown, or malfunction are violations according to the provisions in § 63.6(e). On and after September 12, 2019, as specified in § 63.4300(b), at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions, and determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator. (i) [Reserved] (j) You must maintain records as specified in §§ 63.4312 and 63.4313. [68 FR 32189, May 29, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 9629, Mar. 15, 2019] Performance Testing and Monitoring Requirements § 63.4360 What are the general requirements for performance tests? (a) You must conduct each performance test required by § 63.4340 or § 63.4350 according to the requirements in this section, unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative web coating/printing or dyeing/finishing operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.4361. You must conduct each performance test of an add-on control device according to the requirements in § 63.4362. [68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019] § 63.4361 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by § 63.4340 or § 63.4350. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All regulated materials applied in the web coating/printing or dyeing/finishing operation are applied within the capture system; regulated material solvent flash-off, curing, and drying occurs within the capture system; and the removal or evaporation of cleaning materials from the web coating/printing operation surfaces they are applied to occurs within the capture system. For example, this criterion is not met if the web enters the open shop environment when moving between the application station and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the web coating/printing or dyeing/finishing operation where regulated materials are applied, and all areas where emissions from these applied regulated materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the web coating/printing or dyeing/finishing operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or tenter frame, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each regulated material used in the web coating/printing or dyeing/finishing operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term volatile organic compounds (VOC) in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the regulated materials applied in the web coating/printing or dyeing/finishing operation during each capture efficiency test run. Where: TVH applied TVH i M i n = Number of different regulated materials applied in the web coating/printing or dyeing/finishing operation during the capture efficiency test run. (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound-emitting operations inside the building enclosure, other than the web coating/printing or dyeing/finishing operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH applied TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the web coating/printing or dyeing/finishing operation where regulated materials are applied, and all areas where emissions from these applied regulated materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the web coating/printing or dyeing/finishing operation where capture devices collect emissions generated by the web coating/printing or dyeing/finishing operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a tenter frame, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound-emitting operations inside the building enclosure, other than the web coating/printing or dyeing/finishing operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. § 63.4362 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by §§ 63.4340 and 63.4350. You must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods as specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, or 2F in appendix A-1, or Method 2G in appendix A-2, of part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B in appendix A of part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME, PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]” (incorporated by reference, see (4) Use Method 4 in appendix A of part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure the volatile organic matter concentration as carbon at the inlet and outlet of the add-on control device simultaneously, using Method 25 or 25A in appendix A-7 of part 60. If you are demonstrating compliance with the oxidizer outlet organic HAP concentration limit, only the outlet volatile organic matter concentration must be determined. The outlet volatile organic matter concentration is determined as the average of the three test runs. You may use Method 18 in appendix A-6 of part 60 to subtract methane emissions from measured volatile organic matter concentration as carbon. (1) Use Method 25 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use Method 25A if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. Method 25A must be used to demonstrate compliance with the oxidizer outlet organic HAP concentration limit. (3) Use Method 25A if the add-on control device is not an oxidizer. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet to the atmosphere of each device. For example, if one add-on control device is a concentrator with an outlet to the atmosphere for the high-volume, dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet to the atmosphere for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions: Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mole/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency using Equation 2 of this section. Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019] § 63.4363 How do I establish the add-on control device operating limits during the performance test? During the performance test required by § 63.4340 or § 63.4350 and described in §§ 63.4360, 63.4361, and 63.4362, you must establish the operating limits required by § 63.4292 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4292. (a) Thermal oxidizers. (1) During the performance test, you must monitor and record the temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) Use the data collected during the performance test to calculate and record the average temperature maintained during the performance test. This average temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During the performance test, you must monitor and record the temperature at the inlet to the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average temperature at the inlet to the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer's recommendations and conduct a new performance test to determine destruction efficiency according to § 63.4362. § 63.4364 What are the requirements for CPMS installation, operation, and maintenance? (a) General. (1) Each CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation to have a valid hour of data. (2) You must have valid data from at least 90 percent of the hours during which the process operated. (3) You must determine the hourly average of all recorded readings according to paragraphs (a)(3)(i) and (ii) of this section. (i) To calculate a valid hourly value, you must have at least three of four equally spaced data values from that hour from a continuous monitoring system (CMS) that is not out-of-control. (ii) Provided all of the readings recorded in accordance with paragraph (a)(3) of this section clearly demonstrate continuous compliance with the standard that applies to you, then you are not required to determine the hourly average of all recorded readings. (4) You must determine the rolling 3-hour average of all recorded readings for each operating period. To calculate the average for each 3-hour averaging period, you must have at least two of three of the hourly averages for that period using only average values that are based on valid data ( i.e., (5) You must record the results of each inspection, calibration, and validation check of the CPMS. (6) At all times, you must maintain the monitoring system in accordance with § 63.4300(b) and in proper working order including, but not limited to, keeping readily available necessary parts for routine repairs of the monitoring equipment. (7) Before September 12, 2019, except for monitoring malfunctions, associated repairs, or required quality assurance or control activities (including calibration checks or required zero and span adjustments), you must conduct all monitoring at all times that the unit is operating. On and after September 12, 2019, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.4300(b). Data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities shall not be used for purposes of calculating the emissions concentrations and percent reductions specified in Table 1 to this subpart. You must use all the data collected during all other periods in assessing compliance of the control device and associated control system. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring system to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. (8) Except for periods of required quality assurance or control activities, any averaging period during which the CPMS fails to operate and record data continuously as required by paragraph (a)(1) of this section, or during which generated data cannot be included in calculating averages as specified in paragraph (a)(7) of this section, constitutes a deviation, and you must notify the Administrator in accordance with § 63.4311(a). (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure continuous monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.4311. (c) Oxidizers. (1) Install, calibrate, maintain, and operate temperature monitoring equipment according to the manufacturer's specifications. The calibration of the chart recorder, data logger, or temperature indicator must be verified every 3 months or the chart recorder, data logger, or temperature indicator must be replaced. A thermocouple is considered part of the temperature indicator for purposes of performing periodic calibration and verification checks. (2) For an oxidizer other than a catalytic oxidizer, install, calibrate, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device must have an accuracy of ±1 percent of the temperature being monitored in degrees Celsius, or ±1 °Celsius, whichever is greater. The thermocouple or temperature sensor must be installed in the combustion chamber at a location in the combustion zone. (3) For a catalytic oxidizer, install, calibrate, operate, and maintain a temperature monitoring device equipped with a continuous recorder. The device must be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Celsius or ±1 degree Celsius, whichever is greater. The thermocouple or temperature sensor must be installed in the vent stream at the nearest feasible point to the inlet and outlet of the catalyst bed. Calculate the temperature rise across the catalyst. (d) Other types of control devices. (e) Capture system monitoring. (1) The monitoring plan must: (i) Identify the operating parameter to be monitored to ensure that the capture efficiency determined during the initial compliance test is maintained; and (ii) Explain why this parameter is appropriate for demonstrating ongoing compliance; and (iii) Identify the specific monitoring procedures. (2) The monitoring plan must specify the operating parameter value or range of values that demonstrate compliance with the emission standards in § 63.4290. The specified operating parameter value or range of values must represent the conditions present when the capture system is being properly operated and maintained. (3) You must conduct all capture system monitoring in accordance with the plan. (4) Any deviation from the operating parameter value or range of values which are monitored according to the plan will be considered a deviation from the operating limit. (5) You must review and update the capture system monitoring plan at least annually. [68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019] Other Requirements and Information § 63.4370 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. EPA, or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as the U.S. EPA), has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the work practice standards in § 63.4293 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.4371 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Add-on control As-applied As purchased Capture device Capture efficiency Capture system Cleaning material Coating Coating material Coating operation Container Continuous parameter monitoring system Controlled web coating/printing or dyeing/finishing operation Deviation (1) Before September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart; and (2) On and after September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Dyeing Dyeing materials Dyeing operation Emission limitation Enclosure Fabric Finishing e.g., Finishing materials Finishing operations Laminated fabric Manufacturer's formulation data Mass fraction of organic HAP Month No organic HAP Operating scenario Organic HAP content Organic HAP overall control efficiency (1) The product of the capture efficiency as determined in accordance with the requirements of § 63.4361 and the control device organic emissions destruction or removal efficiency determined in accordance with the requirements of § 63.4362; or (2) A liquid-liquid material balance in accordance with the requirements of § 63.4341(e)(5) or (f)(5) or § 63.4351(d)(5). Permanent total enclosure (PTE) Point of determination Printing Printing material Printing operation Publically owned treatment works POTW Regulated materials Research or laboratory operation de minimis Responsible official Slashing Slashing materials, Slashing operation Solids Startup, initial Surface preparation Temporary total enclosure Textile (1) Staple fibers and filaments suitable for conversion to or use as yarns, or for the preparation of woven, knit, or nonwoven fabrics; (2) Yarns made from natural or manufactured fibers; (3) Fabrics and other manufactured products made from staple fibers and filaments and from yarn; and (4) Garments and other articles fabricated from fibers, yarns, or fabrics. Thinning material Total volatile hydrocarbon (TVH) Uncontrolled web coating/printing or dyeing/finishing operation Volatile organic compounds (VOC) Wastewater Web [68 FR 32189, May 29, 2003, as amended at 84 FR 9630, Mar. 15, 2019; 85 FR 41150, July 8, 2020] Table 1 to Subpart OOOO of Part 63—Emission Limits for New or Reconstructed and Existing Affected Sources in the Printing, Coating and Dyeing of Fabrics and Other Textiles Source Category If you are required to comply with emission limitations in accordance with §§ 63.4290 and 63.4291, you must comply with the applicable emission limits in the following table: If your affected source is a . . . And it conducts . . . Then this is the organic HAP emission limit for each compliance period . . . 1. New or reconstructed coating and printing affected source Coating operations only, or or You may choose any one of the following limits: 2. Existing coating and printing affected source Coating operations only, or or You may choose any one of the following limits: If you use an oxidizer to control organic HAP emissions, operate the oxidizer such that an outlet organic HAP concentration of no greater than 20 ppmv on a dry basis is achieved and the efficiency of the capture system is 100 percent. 3. New, reconstructed or existing dyeing finishing affected source a. Dyeing operations only You must limit organic HAP emissions to the atmosphere to no more than 0.016 kg of organic HAP per kg of dyeing materials applied. b. Finishing operations only You must limit organic HAP emissions to the atmosphere to no more than 0.0003 kg of organic HAP per kg of finishing materials applied. c. Both dyeing and finishing operations You must limit organic HAP emissions to the atmosphere to no more than 0.016 kg of organic HAP per kg of dyeing and finishing materials applied. 4. New, reconstructed or existing slashing affected source Slashing operations only You must limit organic HAP emissions to the atmosphere to no more than zero kg organic HAP per kg of slashing materials as determined according to § 63.4321(e)(1)(iv) of this subpart. Table 2 to Subpart OOOO of Part 63—Operating Limits if Using Add-On Control Devices and Capture System If you are required to comply with the operating limits by § 63.4292, you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating And you must demonstrate continuous compliance with the operating limit by . . . 1. Thermal oxidizer a. The average temperature in any 3-hour block period must not fall below the temperature limit established according to § 63.4363(a) i. Collecting the temperature data according to § 63.4364(c); 2. Catalytic oxidizer a. The average temperature measured at the inlet to the catalyst bed in any 3-hour block period must not fall below the limit established according to § 63.4363(b); and either i. Collecting the temperature data according to § 63.4364(c); b. Ensure that the average temperature difference across the catalyst bed in any 3-hour block period does not fall below the temperature difference limit established according to § 63.4363(b)(2); or Collecting the temperature data according to § 63.4364(c), reducing the data to 3-hour block averages, and maintaining the 3-hour block average temperature difference at or above the temperature difference limit. c. Develop and implement an inspection and maintenance plan according to § 63.4363(b)(4) Maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.4363(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. Emission capture system Submit monitoring plan to the Administrator that identifies operating parameters to be monitored according to § 63.4364(e) Conduct monitoring according to the plan (§ 63.4364(e)(3)). Table 3 to Subpart OOOO of Part 63—Applicability of General Provisions to Subpart OOOO [You must comply with the applicable General Provisions requirements according to the following table:] Citation Subject Applicable to subpart OOOO Explanation § 63.1(a)(1)-(12) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart OOOO is also specified in § 63.4281. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2)-(3) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart OOOO. § 63.1(c)(4)-(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.4371. § 63.3(a)-(c) Units and Abbreviations Yes § 63.4(a)(1)-(5) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Severability Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1)-(6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.4283 specifies the compliance dates. § 63.6(c)(1)-(5) Compliance Dates for Existing Sources Yes Section 63.4283 specifies the compliance dates. § 63.6(e)(1)(i) Operation and Maintenance Yes, before September 12, 2019 See § 63.6(e)(1)(ii) Operation and Maintenance Yes, before September 12, 2019 § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3) Startup, Shutdown, and Malfunction Plan Yes, before September 12, 2019 § 63.6(f)(1) Compliance Except During Startup, Shutdown, and Malfunction Yes, before September 12, 2019 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g)(1)-(3) Use of an Alternative Standard Yes § 63.6(h) Compliance With Opacity/Visible Emission Standards No Subpart OOOO does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.4360, 63.4361, and 63.4362. § 63.7(a)(2) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard. § 63.7(a)(3) Performance Tests Required by the Administrator Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard. § 63.7(e)(1) Conduct of performance tests Yes, before September 12, 2019 See § 63.7(e)(2)-(4) Conduct of performance tests Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.8(a)(1)-(3) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.4364. § 63.8(a)(4) Additional Monitoring Requirements No Subpart OOOO does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring Systems (CMS) Operation and Maintenance Yes, before September 12, 2019 Section 63.4364 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.4364. § 63.8(c)(4) CMS No Section 63.4364 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart OOOO does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Section 63.4364 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out of Control Periods Yes § 63.8(c)(8) CMS Out of Control Periods and Reporting No Section 63.4311 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart OOOO does not require the use of CEMS. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart OOOO does not require the use of CEMS. § 63.8(g)(1)-(5) Data Reduction No Sections 63.4363 and 63.4364 specify monitoring data reduction. § 63.9(a) Applicability and General Information Yes § 63.9(b) Initial Notifications No Subpart OOOO provides 1 year for an existing source to submit an initial notification. § 63.9(c) Request for Extension of Compliance Yes § 63.9(d) Notification that Source is Subject to Special Compliance Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart OOOO does not have opacity or visible emission standards. § 63.9(g)(1)-(3) Additional Notifications When Using CMS No Subpart OOOO does not require the use of CEMS. § 63.9(h) Notification of Compliance Status Yes Section 63.4310 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional Requirements are specified in §§ 63.4312 and 63.4313. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns Yes, before September 12, 2019 See § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet Standards Yes, before September 12, 2019 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction Yes, before September 12, 2019 See § 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions Yes, before September 12, 2019 See § 63.10(b)(2)(vii)-(xi) Records Yes § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart OOOO does not require the use of CEMS. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the Startup, Shutdown, and Malfunction Plan Yes, before September 12, 2019 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.4311. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.4311(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart OOOO does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Yes, before September 12, 2019 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart OOOO does not require the use of CEMS. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.4311(a) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart OOOO does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart OOOO does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes ASNI/ASME PTC 19.10-1981, part 10. § 63.15 Availability of Information/Confidentiality Yes [84 FR 9631, Mar. 15, 2019, as amended at 85 FR 73907, Nov. 19, 2020] Table 4 to Subpart OOOO of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent/solvent blend CAS. No. Average Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphta 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 5 to Subpart OOOO of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data: Solvent type Average Typical organic HAP, percent by mass Aliphatic b 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic c 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. a b c Table 6 to Subpart OOOO of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3'-Dichlorobenzidine 91-94-1 3,3'-Dimethoxybenzidine 119-90-4 3,3'-Dimethylbenzidine 119-93-7 4,4'-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [84 FR 9634, Mar. 15, 2019] Subpart PPPP—National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products Source: 69 FR 20990, Apr. 19, 2004, unless otherwise noted. What This Subpart Covers § 63.4480 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for plastic parts and products surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.4481 Am I subject to this subpart? (a) Plastic parts and products include, but are not limited to, plastic components of the following types of products as well as the products themselves: Motor vehicle parts and accessories for automobiles, trucks, recreational vehicles; sporting and recreational goods; toys; business machines; laboratory and medical equipment; and household and other consumer products. Except as provided in paragraph (c) of this section, the source category to which this subpart applies is the surface coating of any plastic parts or products, as described in paragraph (a)(1) of this section, and it includes the subcategories listed in paragraphs (a)(2) through (5) of this section. (1) Surface coating is the application of coating to a substrate using, for example, spray guns or dip tanks. When application of coating to a substrate occurs, then surface coating also includes associated activities, such as surface preparation, cleaning, mixing, and storage. However, these activities do not comprise surface coating if they are not directly related to the application of the coating. Coating application with handheld, non-refillable aerosol containers, touch-up markers, marking pens, or the application of paper film or plastic film which may be pre-coated with an adhesive by the manufacturer are not coating operations for the purposes of this subpart. (2) The general use coating subcategory includes all surface coating operations that are not automotive lamp coating operations, thermoplastic olefin (TPO) coating operations, or assembled on-road vehicle coating operations. (3) The automotive lamp coating subcategory includes the surface coating of plastic components of the body of an exterior automotive lamp including, but not limited to, headlamps, tail lamps, turn signals, and marker (clearance) lamps; typical coatings used are reflective argent coatings and clear topcoats. This subcategory does not include the coating of interior automotive lamps, such as dome lamps and instrument panel lamps. (4) The TPO coating subcategory includes the surface coating of TPO substrates; typical coatings used are adhesion promoters, color coatings, clear coatings and topcoats. The coating of TPO substrates on fully assembled on-road vehicles is not included in the TPO coating subcategory. (5) The assembled on-road vehicle coating subcategory includes surface coating of fully assembled motor vehicles and trailers intended for on-road use, including, but not limited to: automobiles, light-duty trucks, heavy duty trucks, and busses that have been repaired after a collision or otherwise repainted; fleet delivery trucks; and motor homes and other recreational vehicles (including camping trailers and fifth wheels). This subcategory also includes the incidental coating of parts, such as radiator grilles, that are removed from the fully assembled on-road vehicle to facilitate concurrent coating of all parts associated with the vehicle. The assembled on-road vehicle coating subcategory does not include the surface coating of plastic parts prior to their attachment to an on-road vehicle on an original equipment manufacturer's (OEM) assembly line. The assembled on-road vehicle coating subcategory also does not include the use of adhesives, sealants, and caulks used in assembling on-road vehicles. Body fillers used to correct small surface defects and rubbing compounds used to remove surface scratches are not considered coatings subject to this subpart. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.4482, that uses 378 liters (100 gallons (gal)) per year, or more, of coatings that contain hazardous air pollutants (HAP) in the surface coating of plastic parts and products defined in paragraph (a) of this section; and that is a major source, is located at a major source, or is part of a major source of emissions of HAP. A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. You do not need to include coatings that meet the definition of non-HAP coating contained in § 63.4581 in determining whether you use 378 liters (100 gallons) per year, or more, of coatings in the surface coating of plastic parts and products. (c) This subpart does not apply to surface coating or a coating operation that meets any of the criteria of paragraphs (c)(1) through (17) of this section. (1) A coating operation conducted at a facility where the facility uses only coatings, thinners and other additives, and cleaning materials that contain no organic HAP, as determined according to § 63.3941(a). (2) Surface coating operations that occur at research or laboratory facilities, or is part of janitorial, building, and facility maintenance operations, or that occur at hobby shops that are operated for noncommercial purposes. (3) The surface coating of plastic parts and products performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State) or the National Aeronautics and Space Administration, or the surface coating of military munitions manufactured by or for the Armed Forces of the United States (including the Coast Guard and the National Guard of any such State). (4) Surface coating where plastic is extruded onto plastic parts or products to form a coating. (5) Surface coating of magnet wire. (6) In-mold coating operations or gel coating operations in the manufacture of reinforced plastic composite parts that meet the applicability criteria for reinforced plastics composites production (subpart WWWW of this part). (7) Surface coating of plastic components of wood furniture that meet the applicability criteria for wood furniture manufacturing (subpart JJ of this part). (8) Surface coating of plastic components of large appliances that meet the applicability criteria for large appliance surface coating (subpart NNNN of this part). (9) Surface coating of plastic components of metal furniture that meet the applicability criteria for metal furniture surface coating (subpart RRRR of this part). (10) Surface coating of plastic components of wood building products that meet the applicability criteria for wood building products surface coating (subpart QQQQ of this part). (11) Surface coating of plastic components of aerospace vehicles that meet the applicability criteria for aerospace manufacturing and rework (40 CFR part 63, subpart GG). (12) Surface coating of plastic parts intended for use in an aerospace vehicle or component using specialty coatings as defined in appendix A to subpart GG of this part. (13) Surface coating of plastic components of ships that meet the applicability criteria for shipbuilding and ship repair (subpart II of this part). (14) Surface coating of plastic using a web coating process that meets the applicability criteria for paper and other web coating (subpart JJJJ of this part). (15) Surface coating of fiberglass boats or parts of fiberglass boats (including, but not limited to, the use of assembly adhesives) where the facility meets the applicability criteria for boat manufacturing (subpart VVVV of this part), except where the surface coating of the boat is a post-mold coating operation performed on personal watercraft or parts of personal watercraft. This subpart does apply to post-mold coating operations performed on personal watercraft and parts of personal watercraft. (16) Surface coating of plastic components of automobiles and light-duty trucks that meet the applicability criteria in § 63.3082(b) of the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) at a facility that meets the applicability criteria in § 63.3081(b). (17) Screen printing. (d) If your facility meets the applicability criteria in § 63.3081(b) of the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) and you perform surface coating of plastic parts or products that meets both the applicability criteria in § 63.3082(c) and the applicability criteria of this subpart, then for the surface coating of any or all of your plastic parts or products that meets the applicability criteria in § 63.3082(c), you may choose to comply with the requirements of subpart IIII of this part in lieu of complying with this subpart. Surface coating operations on plastic parts or products (e.g., parts for motorcycles or lawnmowers) not intended for use in automobiles, light-duty trucks, or other motor vehicles as defined in § 63.3176 cannot be made part of your affected source under subpart IIII of this part. (e) If you own or operate an affected source that meets the applicability criteria of this subpart and at the same facility you also perform surface coating that meets the applicability criteria of any other final surface coating NESHAP in this part, you may choose to comply as specified in paragraph (e)(1), (2), or (3) of this section. (1) You may have each surface coating operation that meets the applicability criteria of a separate NESHAP comply with that NESHAP separately. (2) You may comply with the emission limitation representing the predominant surface coating activity at your facility, as determined according to paragraphs (e)(2)(i) and (ii) of this section. However, you may not establish assembled on-road vehicle or automotive lamp coating operations as the predominant activity. You must not consider any surface coating activity that is subject to the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in determining the predominant surface coating activity at your facility. (i) If a surface coating operation accounts for 90 percent or more of the surface coating activity at your facility (that is, the predominant activity), then compliance with the emission limitations of the predominant activity for all surface coating operations constitutes compliance with these and other applicable surface coating NESHAP. In determining predominant activity, you must include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than 1 percent of total coating activities at your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of coating activities need not be included in the determination of predominant activity but must be included in the compliance calculation. (ii) You must use kilogram (kg) (pound (lb)) of solids used as a measure of relative surface coating activity over a representative period of operation. You may estimate the relative mass of coating solids used from parameters other than coating consumption and mass solids content ( e.g., (3) You may comply with a facility-specific emission limit calculated from the relative amount of coating activity that is subject to each emission limit. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limitations in this subpart for all surface coating operations constitutes compliance with this subpart and other applicable surface coating NESHAP. The procedures for calculating the facility-specific emission limit are specified in § 63.4490. In calculating a facility-specific emission limit, you must include coating activities that meet the applicability criteria of other surface coating NESHAP and constitute more than 1 percent of total coating activities at your facility. You must not consider any surface coating activity that is subject to the Surface Coating of Automobiles and Light-Duty Trucks NESHAP (40 CFR part 63, subpart IIII) in determining a facility-specific emission limit for your facility. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of total coating activities need not be included in the calculation of the facility-specific emission limit but must be included in the compliance calculations. [69 FR 20990, Apr. 19, 2004, as amended at 69 FR 22660, Apr. 26, 2004; 71 FR 76927, Dec. 22, 2006; 72 FR 20237, Apr. 24, 2007] § 63.4482 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source within each of the four subcategories listed in § 63.4481(a). (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of plastic parts and products within each subcategory. (1) All coating operations as defined in § 63.4581; (2) All storage containers and mixing vessels in which coatings, thinners and/or other additives, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers used for conveying coatings, thinners and/or other additives, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) An affected source is a new source if it meets the criteria in paragraph (c)(1) of this section and the criteria in either paragraph (c)(2) or (3) of this section. (1) You commenced the construction of the source after December 4, 2002 by installing new coating equipment. (2) The new coating equipment is used to coat plastic parts and products at a source where no plastic parts surface coating was previously performed. (3) The new coating equipment is used to perform plastic parts and products coating in a subcategory that was not previously performed. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.4483 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4540, 63.4550, and 63.4560. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before April 19, 2004, the compliance date is April 19, 2004. (2) If the initial startup of your new or reconstructed affected source occurs after April 19, 2004, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is the date 3 years after April 19, 2004. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or April 19, 2004, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after April 19, 2004, whichever is later. (d) You must meet the notification requirements in § 63.4510 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.4490 What emission limits must I meet? (a) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs (a)(1) through (4) of this section, except as specified in paragraph (c) of this section, determined according to the requirements in § 63.4541, § 63.4551, or § 63.4561. (1) For each new general use coating affected source, limit organic HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (2) For each new automotive lamp coating affected source, limit organic HAP emissions to no more than 0.26 kg (0.26 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (3) For each new TPO coating affected source, limit organic HAP emissions to no more than 0.22 kg (0.22 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (4) For each new assembled on-road vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (b) For an existing affected source, you must limit organic HAP emissions to the atmosphere from the affected source to the applicable limit specified in paragraphs (b)(1) through (4) of this section, except as specified in paragraph (c) of this section, determined according to the requirements in § 63.4541, § 63.4551, or § 63.4561. (1) For each existing general use coating affected source, limit organic HAP emissions to no more than 0.16 kg (0.16 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (2) For each existing automotive lamp coating affected source, limit organic HAP emissions to no more than 0.45 kg (0.45 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (3) For each existing TPO coating affected source, limit organic HAP emissions to no more than 0.26 kg (0.26 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (4) For each existing assembled on-road vehicle coating affected source, limit organic HAP emissions to no more than 1.34 kg (1.34 lb) organic HAP emitted per kg (lb) coating solids used during each 12-month compliance period. (c) If your facility's surface coating operations meet the applicability criteria of more than one of the subcategory emission limits specified in paragraphs (a) or (b) of this section, you may comply separately with each subcategory emission limit or comply using one of the alternatives in paragraph (c)(1) or (2) of this section. (1) If the general use or TPO surface coating operations subject to only one of the emission limits specified in paragraphs (a)(1), (a)(3), (b)(1), or (b)(3) of this section account for 90 percent or more of the surface coating activity at your facility ( i.e., e.g., (2) You may calculate and comply with a facility-specific emission limit as described in paragraphs (c)(2)(i) through (iii) of this section. If you elect to comply using the facility-specific emission limit alternative, then compliance with the facility-specific emission limit and the emission limitations in this subpart for all surface coating operations constitutes compliance with this and other applicable surface coating NESHAP. In calculating a facility-specific emission limit, you must include coating activities that meet the applicability criteria of the other subcategories and constitute more than 1 percent of total coating activities. Coating activities that meet the applicability criteria of other surface coating NESHAP but comprise less than 1 percent of coating activities need not be included in the determination of predominant activity but must be included in the compliance calculation. (i) You are required to calculate the facility-specific emission limit for your facility when you submit the notification of compliance status required in § 63.4510(c), and on a monthly basis afterward using the coating data for the relevant 12-month compliance period. (ii) Use Equation 1 of this section to calculate the facility-specific emission limit for your surface coating operations for each 12-month compliance period. Where: Facility-specific emission limit = Facility-specific emission limit for each 12-month compliance period, kg (lb) organic HAP per kg (lb) coating solids used. Limit i Solids i e.g., n = The number of different coating operations included in the facility-specific emission limit. (iii) If you need to convert an emission limit in another surface coating NESHAP from kg (lb) organic HAP per liter (gallon) coating solids used to kg (lb) organic HAP per kg (lb) coating solids used, you must use the default solids density of 1.50 kg solids per liter coating solids (12.5 lb solids per gal solids). § 63.4491 What are my options for meeting the emission limits? You must include all coatings (as defined in § 63.4581), thinners and/or other additives, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.4490. To make this determination, you must use at least one of the three compliance options listed in paragraphs (a) through (c) of this section. You may apply any of the compliance options to an individual coating operation, or to multiple coating operations as a group, or to the entire affected source. You may use different compliance options for different coating operations, or at different times on the same coating operation. You may employ different compliance options when different coatings are applied to the same part, or when the same coating is applied to different parts. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.4530(c), and you must report it in the next semiannual compliance report required in § 63.4520. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. § 63.4492 What operating limits must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any operating limits. (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4561(j), you must meet the operating limits specified in table 1 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during the performance tests required in § 63.4560 according to the requirements in § 63.4567. You must meet the operating limits established during the most recent performance tests required in § 63.4560 at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 1 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41150, July 8, 2020] § 63.4493 What work practice standards must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. (b) If you use the emission rate with add-on controls option, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners and/or other additives, and cleaning materials used in, and waste materials generated by the controlled coating operation(s) for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be stored in closed containers. (2) Spills of organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners and/or other additives, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), we, the U.S. Environmental Protection Agency, may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.4500 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) and (2) of this section. (1) Any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, as specified in § 63.4491(a) and (b), must be in compliance with the applicable emission limit in § 63.4490 at all times. (2) Any coating operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.4491(c), must be in compliance with the emission limitations as specified in paragraphs (a)(2)(i) through (iii) of this section. (i) The coating operation(s) must be in compliance with the applicable emission limit in § 63.4490 at all times. (ii) The coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4492 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4561(j). (iii) The coating operation(s) must be in compliance with the work practice standards in § 63.4493 at all times. (b) Before January 5, 2021, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after January 5, 2021, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before January 5, 2021, if your affected source uses an emission capture system and add-on control device, you must develop a written SSMP according to the provisions in § 63.6(e)(3). The plan must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The plan must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. On and after January 5, 2021, the SSMP is not required. [69 FR 20990, Apr. 19, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 FR 41150, July 8, 2020] § 63.4501 What parts of the General Provisions apply to me? Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.4510 What notifications must I submit? (a) General. (b) Initial notification. (c) Notification of compliance status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4540, § 63.4550, or § 63.4560 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.4491 that you used on each coating operation in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.4490, include all the calculations you used to determine the kg (lb) organic HAP emitted per kg (lb) coating solids used. You do not need to submit information provided by the materials' suppliers or manufacturers, or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data may include a copy of the information provided by the supplier or manufacturer of the example coating or material, or a summary of the results of testing conducted according to § 63.4541(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating, for one thinner and/or other additive, and for one cleaning material. (ii) Mass fraction of coating solids for one coating. (iii) Density for one coating, one thinner and/or other additive, and one cleaning material, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4551. (8) The calculation of kg (lb) organic HAP emitted per kg (lb) coating solids used for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section. (i) For the compliant material option, provide an example calculation of the organic HAP content for one coating, using Equation 1 of § 63.4541. (ii) For the emission rate without add-on controls option, provide the calculation of the total mass of organic HAP emissions for each month; the calculation of the total mass of coating solids used each month; and the calculation of the 12-month organic HAP emission rate using Equations 1 and 1A through 1C, 2, and 3, respectively, of § 63.4551. (iii) For the emission rate with add-on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4551; the calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.4561 and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; the calculation of the total mass of organic HAP emissions each month using Equation 4 of § 63.4561; and the calculation of the 12-month organic HAP emission rate using Equation 5 of § 63.4561. (9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (c)(9)(i) through (iv) of this section, except that the requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4561(j). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4493. (10) If you are complying with a single emission limit representing the predominant activity under § 63.4490(c)(1), include the calculations and supporting information used to demonstrate that this emission limit represents the predominant activity as specified in § 63.4490(c)(1). (11) If you are complying with a facility-specific emission limit under § 63.4490(c)(2), include the calculation of the facility-specific emission limit and any supporting information as specified in § 63.4490(c)(2). [69 FR 20990, Apr. 19, 2004, as amended at 69 FR 22661, Apr. 26, 2004; 85 FR 73907, Nov. 19, 2020] § 63.4520 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4540, § 63.4550, or § 63.4560 that applies to your affected source and ends on June 30 or December 31, whichever date is the first date following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. (iv) Identification of the compliance option or options specified in § 63.4491 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates for each option you used. (v) If you used the emission rate without add-on controls or the emission rate with add-on controls compliance option (§ 63.4491(b) or (c)), the calculation results for each rolling 12-month organic HAP emission rate during the 6-month reporting period. (vi) If you used the predominant activity alternative (§ 63.4490(c)(1)), include the annual determination of predominant activity if it was not included in the previous semi-annual compliance report. (vii) If you used the facility-specific emission limit alternative (§ 63.4490(c)(2)), include the calculation of the facility-specific emission limit for each 12-month compliance period during the 6-month reporting period. (4) No deviations. (5) Deviations: Compliant material option. (i) Identification of each coating used that deviated from the applicable emission limit, and each thinner and/or other additive, and cleaning material used that contained organic HAP, and the date, time, and duration each was used. (ii) The calculation of the organic HAP content (using Equation 1 of § 63.4541) for each coating identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iii) The determination of mass fraction of organic HAP for each thinner and/or other additive, and cleaning material identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (v) On and after January 5, 2021, the number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.4500(b). (6) Deviations: Emission rate without add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.4490. (ii) The calculations used to determine the 12-month organic HAP emission rate for the compliance period in which the deviation occurred. You must submit the calculations for Equations 1, 1A through 1C, 2, and 3 of § 63.4551; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551(e)(4). You do not need to submit background data supporting these calculations ( e.g., (iii) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, a statement of the cause of each deviation (including unknown cause, if applicable). (iv) On and after January 5, 2021, the number of deviations, date, time, duration, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.4500(b). (7) Deviations: Emission rate with add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.4490. (ii) The calculations used to determine the 12-month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1 and 1A through 1C of § 63.4551; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551(e)(4); the calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.4561, and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; the calculation of the total mass of organic HAP emissions each month using Equation 4 of § 63.4561; and the calculation of the 12-month organic HAP emission rate using Equation 5 of § 63.4561. You do not need to submit the background data supporting these calculations ( e.g., (iii) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (iv) A brief description of the CPMS. (v) The date of the latest CPMS certification or audit. (vi) Before January 5, 2021, the date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. On and after January 5, 2021, the number of instances that the CPMS was inoperative, and for each instance, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative; and the actions you took to minimize emissions in accordance with § 63.4500(b). (vii) Before January 5, 2021, the date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). On and after January 5, 2021, the number of instances that the CPMS was out of control as specified in § 63.8(c)(7) and, for each instance, the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (viii) Before January 5, 2021, the date and time period of each deviation from an operating limit in table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of SSM or during another period. On and after January 5, 2021, the number of deviations from an operating limit in table 1 to this subpart and, for each deviation, the date, time, and duration of each deviation; the date, time, and duration of any bypass of the add-on control device. (ix) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and each bypass of the add-on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period. (x) Before January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 of this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after January 5, 2021, a breakdown of the total duration of the deviations from the operating limits in table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (xi) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (xii) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (xiii) Before January 5, 2021, for each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. On and after January 5, 2021, for deviations from the work practice standards, the number of deviations, and, for each deviation, the information in paragraphs (a)(7)(xiii)(A) and (B) of this section: (A) A description of the deviation; the date, time, and duration of the deviation; and the actions you took to minimize emissions in accordance with § 63.4500(b). (B) The description required in paragraph (a)(7)(xiii)(A) of this section must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable. (xiv) Before January 5, 2021, a statement of the cause of each deviation. On and after January 5, 2021, for deviations from an emission limit in § 63.4490 or an operating limit in Table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable) and the actions you took to minimize emissions in accordance with § 63.4500(b). (xv) On and after January 5, 2021, for each deviation from an emission limit in § 63.4490 or operating limit in table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4490 or operating limit in table 1 to this subpart, and a description of the method used to estimate the emissions. (b) Performance test reports. (c) SSM reports. (1) If your actions were consistent with your startup, shutdown, and malfunction plan, you must include the information specified in § 63.10(d) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your startup, shutdown, and malfunction plan, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) Performance test reports. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (d)(1) of this section is Confidential Business Information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive, or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAPQS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (d)(1) of this section. (e) Initial notification reports. https://cdx.epa.gov/ (f) Semiannual compliance reports. https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (g) Reporting during EPA system outages. (h) Reporting during force majeure events. e.g., e.g., [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41150, July 8, 2020] § 63.4530 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. If you are using the predominant activity alternative under § 63.4490(c), you must keep records of the data and calculations used to determine the predominant activity. If you are using the facility-specific emission limit alternative under § 63.4490(c), you must keep records of the data used to calculate the facility-specific emission limit for the initial compliance demonstration. You must also keep records of any data used in each annual predominant activity determination and in the calculation of the facility-specific emission limit for each 12-month compliance period included in the semi-annual compliance reports. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP and density for each coating, thinner and/or other additive, and cleaning material, and the mass fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or mass fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraphs (c)(1) through (4) of this section. (1) A record of the coating operations on which you used each compliance option and the time periods (beginning and ending dates and times) for each option you used. (2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 1 of § 63.4541. (3) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1, 1A through 1C, and 2 of § 63.4551 and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551(e)(4); the calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; and the calculation of each 12-month organic HAP emission rate using Equation 3 of § 63.4551. (4) For the emission rate with add-on controls option, records of the calculations specified in paragraphs (c)(4)(i) through (v) of this section. (i) The calculation of the total mass of organic HAP emissions for the coatings, thinners and/or other additives, and cleaning materials used each month using Equations 1 and 1A through 1C of § 63.4551; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4551(e)(4); (ii) The calculation of the total mass of coating solids used each month using Equation 2 of § 63.4551; (iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices using Equations 1 and 1A through 1D of § 63.4561 and Equations 2, 3, and 3A through 3C of § 63.4561, as applicable; (iv) The calculation of each month's organic HAP emission rate using Equation 4 of § 63.4561; and (v) The calculation of each 12-month organic HAP emission rate using Equation 5 of § 63.4561. (d) A record of the name and mass of each coating, thinner and/or other additive, and cleaning material used during each compliance period. If you are using the compliant material option for all coatings at the source, you may maintain purchase records for each material used rather than a record of the mass used. (e) A record of the mass fraction of organic HAP for each coating, thinner and/or other additive, and cleaning material used during each compliance period. (f) A record of the mass fraction of coating solids for each coating used during each compliance period. (g) If you use an allowance in Equation 1 of § 63.4551 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility (TSDF) according to § 63.4551(e)(4), you must keep records of the information specified in paragraphs (g)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.4551, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility; and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.4551. (3) The methodology used in accordance with § 63.4551(e)(4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (h) Before January 5, 2021, you must keep records of the date, time, and duration of each deviation. On and after January 5, 2021, for each deviation from an emission limitation reported under § 63.4520(a)(5) through (7), a record of the information specified in paragraphs (h)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.4520(a)(5) through (7). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.4520(a)(5) through (7). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4490 or any applicable operating limit in Table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.4520(a)(5) through (7). (4) A record of actions taken to minimize emissions in accordance with § 63.4500(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (i) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (i)(1) through (8) of this section. (1) Before January 5, 2021, for each deviation, a record of whether the deviation occurred during a period of SSM. On and after January 5, 2021, a record of whether the deviation occurred during a period of SSM is not required. (2) Before January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM. On and after January 5, 2021, the records in § 63.6(e)(3)(iii) through (v) related to SSM are not required. (3) The records required to show continuous compliance with each operating limit specified in Table 1 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4565(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4564 and 63.4565(b) through (e), including the records specified in paragraphs (i)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-uncaptured gas protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (i)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.4566. (i) Records of each add-on control device performance test conducted according to §§ 63.4564 and 63.4566. (ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4567 and to document compliance with the operating limits as specified in Table 1 to this subpart. (8) A record of the work practice plan required by § 63.4493 and documentation that you are implementing the plan on a continuous basis. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41152, July 8, 2020] § 63.4531 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. On and after January 5, 2021, any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record according to § 63.10(b)(1). You may keep the records off-site for the remaining 3 years. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020] Compliance Requirements for the Compliant Material Option § 63.4540 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.4541. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through that month plus the next 12 months. The initial compliance demonstration includes the calculations according to § 63.4541 and supporting documentation showing that during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.4490, and that you used no thinners and/or other additives, or cleaning materials that contained organic HAP as determined according to § 63.4541(a). § 63.4541 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limits in § 63.4490 and must use no thinner and/or other additive, or cleaning material that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.4492 and 63.4493, respectively. You must conduct a separate initial compliance demonstration for each general use coating, TPO coating, automotive lamp coating, and assembled on-road vehicle coating affected source unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. Use the procedures in this section on each coating, thinner and/or other additive, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the organic HAP content of coatings, thinners and/or other additives, and cleaning materials that are reclaimed on-site (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coating operation for which you use the compliant material option, provided these materials in their condition as received were demonstrated to comply with the compliant material option. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in Table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e.g., (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e.g., (2) EPA Method 24 (appendix A-7 to 40 CFR part 60). e see (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the mass fraction of coating solids for each coating. (1) Method 24 (appendix A to 40 CFR part 60). (2) Alternative method. (3) Information from the supplier or manufacturer of the material. (c) Calculate the organic HAP content of each coating. Where: H c W c S c (d) Compliance demonstration. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020] § 63.4542 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period to demonstrate continuous compliance, you must use no coating for which the organic HAP content (determined using Equation 1 of § 63.4541) exceeds the applicable emission limit in § 63.4490, and use no thinner and/or other additive, or cleaning material that contains organic HAP, determined according to § 63.4541(a). A compliance period consists of 12 months. Each month, after the end of the initial compliance period described in § 63.4540, is the end of a compliance period consisting of that month and the preceding 11 months. If you are complying with a facility-specific emission limit under § 63.4490(c), you must also perform the calculation using Equation 1 in § 63.4490(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner and/or other additive, or cleaning material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(5). (c) As part of each semiannual compliance report required by § 63.4520, you must identify the coating operation(s) for which you used the compliant material option. If there were no deviations from the applicable emission limit in § 63.4490, submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because you used no coatings for which the organic HAP content exceeded the applicable emission limit in § 63.4490, and you used no thinner and/or other additive, or cleaning material that contained organic HAP, determined according to § 63.4541(a). (d) You must maintain records as specified in §§ 63.4530 and 63.4531. Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.4550 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4551. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and mass of coating solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the calculations according to § 63.4551 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.4490. § 63.4551 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.4490, but is not required to meet the operating limits or work practice standards in §§ 63.4492 and 63.4493, respectively. You must conduct a separate initial compliance demonstration for each general use, TPO, automotive lamp, and assembled on-road vehicle coating operation unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners and/or other additives, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coating operation for which you use the emission rate without add-on controls option. If you use coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site, the amount of each used in a month may be reduced by the amount of each that is reclaimed. That is, the amount used may be calculated as the amount consumed to account for materials that are reclaimed. (a) Determine the mass fraction of organic HAP for each material. (b) Determine the mass fraction of coating solids. (c) Determine the density of each material. see (d) Determine the volume of each material used. (e) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coatings used during the month, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinners and/or other additives used during the month, kg, as calculated in Equation 1B of this section. C = Total mass of organic HAP in the cleaning materials used during the month, kg, as calculated in Equation 1C of this section. R w W (1) Calculate the kg organic HAP in the coatings used during the month using Equation 1A of this section: Where: A = Total mass of organic HAP in the coatings used during the month, kg. Vol c,i D c,i W c,i m = Number of different coatings used during the month. (2) Calculate the kg of organic HAP in the thinners and/or other additives used during the month using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinners and/or other additives used during the month, kg. Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used during the month. (3) Calculate the kg organic HAP in the cleaning materials used during the month using Equation 1C of this section: Where: C = Total mass of organic HAP in the cleaning materials used during the month, kg. Vol s,k D s,k W s,k p = Number of different cleaning materials used during the month. (4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine the mass according to paragraphs (e)(4)(i) through (iv) of this section. (i) You may only include waste materials in the determination that are generated by coating operations in the affected source for which you use Equation 1 of this section and that will be treated or disposed of by a facility that is regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater. (ii) You must determine either the amount of the waste materials sent to a TSDF during the month or the amount collected and stored during the month and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a month if you have already included them in the amount collected and stored during that month or a previous month. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section. (iv) You must document the methodology you use to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4530(g). If waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total mass of coating solids used. Where: M st Vol c,i D c,i M s,i m = Number of coatings used during the month. (g) Calculate the organic HAP emission rate. Where: H yr H e M st y = Identifier for months. n = Number of full or partial months in the compliance period (for the initial compliance period, n equals 12 if the compliance date falls on the first day of a month; otherwise n equals 13; for all following compliance periods, n equals 12). (h) Compliance demonstration. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020] § 63.4552 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, determined according to § 63.4551(a) through (g), must be less than or equal to the applicable emission limit in § 63.4490. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4550 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4551(a) through (g) on a monthly basis using data from the previous 12 months of operation. If you are complying with a facility-specific emission limit under § 63.4490(c), you must also perform the calculation using Equation 1 in § 63.4490(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.4490, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(6). (c) As part of each semiannual compliance report required by § 63.4520, you must identify the coating operation(s) for which you used the emission rate without add-on controls option. If there were no deviations from the emission limitations, you must submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4490, determined according to § 63.4551(a) through (g). (d) You must maintain records as specified in §§ 63.4530 and 63.4531. Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.4560 By what date must I conduct performance tests and initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4483. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4561(j), you must conduct according to the schedule in paragraphs (a)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.4564, 63.4565, and 63.4566 and establish the operating limits required by § 63.4492. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4561(j), you must initiate the first material balance no later than the applicable compliance date specified in § 63.4483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.4492 no later than 180 days after the applicable compliance date specified in § 63.4483. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.4492 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.4567(b) and following the catalyst maintenance procedures in § 63.4567(b)(4), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. (2) You must develop and begin implementing the work practice plan required by § 63.4493 no later than the compliance date specified in § 63.4483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4561. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and mass of coatings solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4564, 63.4565, and 63.4566; results of liquid-liquid material balances conducted according to § 63.4561(j); calculations according to § 63.4561 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.4490; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4568; and documentation of whether you developed and implemented the work practice plan required by § 63.4493. (4) For the initial compliance demonstration, you do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4492 until after you have completed the initial performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits established based on the initial performance tests specified in paragraph (a)(1) of this section for your affected source on the date you complete the performance tests. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.4561(j). (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4483. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4561(j), you must conduct according to the schedule in paragraphs (b)(1)(i) and (ii) of this section initial and periodic performance tests of each capture system and add-on control device according to the procedures in §§ 63.4564, 63.4565, and 63.4566 and establish the operating limits required by § 63.4492. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4561(j), you must initiate the first material balance no later than the compliance date specified in § 63.4483. (i) You must conduct the initial performance test and establish the operating limits required by § 63.4492 no later than 180 days after the applicable compliance date specified in § 63.4483. (ii) You must conduct periodic performance tests and establish the operating limits required by § 63.4492 within 5 years following the previous performance test. You must conduct the first periodic performance test before July 8, 2023, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after July 8, 2018. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. For any control device for which you are using the catalytic oxidizer control option at § 63.4567(b) and following the catalyst maintenance procedures in § 63.4567(b)(4), you are not required to conduct periodic control device performance testing as specified by this paragraph. For any control device for which instruments are used to continuously measure organic compound emissions, you are not required to conduct periodic control device performance testing as specified by this paragraph. (2) You must develop and begin implementing the work practice plan required by § 63.4493 no later than the compliance date specified in § 63.4483. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4561. The initial compliance period begins on the applicable compliance date specified in § 63.4483 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and mass of coatings solids used each month and then calculate an organic HAP emission rate at the end of the initial compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4564, 63.4565, and 63.4566; results of liquid-liquid material balances conducted according to § 63.4561(j); calculations according to § 63.4561 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.4490; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4568; and documentation of whether you developed and implemented the work practice plan required by § 63.4493. (c) You are not required to conduct an initial performance test to determine capture efficiency or destruction efficiency of a capture system or control device if you receive approval to use the results of a performance test that has been previously conducted on that capture system or control device. Any such previous tests must meet the conditions described in paragraphs (c)(1) through (3) of this section. You are still required to conduct a periodic performance test according to the applicable requirements of paragraphs (a)(1)(ii) and (b)(2)(ii) of this section. (1) The previous test must have been conducted using the methods and conditions specified in this subpart. (2) Either no process or equipment changes must have been made since the previous test was performed, or the owner or operator must be able to demonstrate that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process or equipment changes. (3) Either the required operating parameters were established in the previous test or sufficient data were collected in the previous test to establish the required operating parameters. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41153, July 8, 2020] § 63.4561 How do I demonstrate initial compliance? (a) You may use the emission rate with add-on controls option for any coating operation, for any group of coating operations in the affected source, or for all of the coating operations in the affected source. You may include both controlled and uncontrolled coating operations in a group for which you use this option. You must use either the compliant material option or the emission rate without add-on controls option for any coating operation in the affected source for which you do not use the emission rate with add-on controls option. To demonstrate initial compliance, the coating operation(s) for which you use the emission rate with add-on controls option must meet the applicable emission limitations in §§ 63.4490, 63.4492, and 63.4493. You must conduct a separate initial compliance demonstration for each general use, TPO, automotive lamp, and assembled on-road vehicle coating operation, unless you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c). If you are demonstrating compliance with a predominant activity or facility-specific emission limit as provided in § 63.4490(c), you must demonstrate that all coating operations included in the predominant activity determination or calculation of the facility-specific emission limit comply with that limit. You must meet all the requirements of this section. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners and/or other additives, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate without add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners and/or other additives, or cleaning materials that have been reclaimed onsite (or reclaimed off-site if you have documentation showing that you received back the exact same materials that were sent off-site) and reused in the coatings operation(s) for which you use the emission rate with add-on controls option. If you use coatings, thinners and/or other additives, or cleaning materials that have been reclaimed on-site, the amount of each used in a month may be reduced by the amount of each that is reclaimed. That is, the amount used may be calculated as the amount consumed to account for materials that are reclaimed. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of organic HAP, density, volume used, and mass fraction of coating solids. (f) Calculate the total mass of organic HAP emissions before add-on controls. (g) Calculate the organic HAP emission reduction for each controlled coating operation. (h) Calculate the organic HAP emission reduction for each controlled coating operation not using liquid-liquid material balance. Where: H C A C B C C C R w w H UNC CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4564 and 63.4565 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4564 and 63.4566 to measure and record the organic HAP destruction or removal efficiency. (1) Calculate the mass of organic HAP in the coatings used in the controlled coating operation, kg (lb), using Equation 1A of this section: Where: A C Vol c,i D c,i W c,i m = Number of different coatings used. (2) Calculate the mass of organic HAP in the thinners and/or other additives used in the controlled coating operation, kg (lb), using Equation 1B of this section: Where: B C Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used. (3) Calculate the mass of organic HAP in the cleaning materials used in the controlled coating operation during the month, kg (lb), using Equation 1C of this section: Where: C C Vol s,k D s,k W s,k p = Number of different cleaning materials used. (4) Calculate the mass of organic HAP in the coatings, thinners and/or other additives, and cleaning materials used in the controlled coating operation during deviations specified in § 63.4563(c) and (d), using Equation 1D of this section: Where: H UNC Vol h D h W h q = Number of different coatings, thinners and/or other additives, and cleaning materials used. (i) [Reserved] (j) Calculate the organic HAP emission reduction for each controlled coating operation using liquid-liquid material balances. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each month. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the month, based on measurement with the device required in paragraph (j)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg volatile organic matter per kg coating. You may determine the volatile organic matter mass fraction using EPA Method 24 of 40 CFR part 60, appendix A-7, ASTM D2369-10 (Reapproved 2015) e see e (4) Determine the density of each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, kg per liter, according to § 63.4551(c). (5) Measure the volume of each coating, thinner and/or other additive, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, liters. (6) Each month, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section: Where: R V M VR Vol i D i WV c,i Vol j D j WV t,j Vol k D k WV s,k m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the month. n = Number of different thinners and/or other additives used in the coating operation controlled by the solvent recovery system during the month. p = Number of different cleaning materials used in the coating operation controlled by the solvent recovery system during the month. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the month, using Equation 3 of this section and according to paragraphs (j)(7)(i) through (iii) of this section: Where: H CSR A CSR B CSR C CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, kg, using Equation 3A of this section. Where: A CSR Vol c,i D c,i W c,i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners and/or other additives used in the coating operation controlled by the solvent recovery system, kg, using Equation 3B of this section: Where: B CSR Vol t,j D t,j W t,j n = Number of different thinners and/or other additives used. (iii) Calculate the mass of organic HAP in the cleaning materials used in the coating operation controlled by the solvent recovery system during the month, kg, using Equation 3C of this section: Where: C CSR Vol s,k D s,k W s,k p = Number of different cleaning materials used. (k) Calculate the total mass of coating solids used. (l) Calculate the mass of organic HAP emissions for each month. Where: H HAP H e H C,i H CSR,j q = Number of controlled coating operations not controlled by a solvent recovery system using a liquid-liquid material balance. r = Number of coating operations controlled by a solvent recovery system using a liquid-liquid material balance. (m) Calculate the organic HAP emission rate for the compliance period. Where: H annual H HAP,y M st,y y = Identifier for months. n = Number of full or partial months in the compliance period (for the initial compliance period, n equals 12 if the compliance date falls on the first day of a month; otherwise n equals 13; for all following compliance periods, n equals 12). (n) Compliance demonstration. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41154, July 8, 2020] § 63.4562 [Reserved] § 63.4563 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.4490, the organic HAP emission rate for each compliance period, determined according to the procedures in § 63.4561, must be equal to or less than the applicable emission limit in § 63.4490. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4560 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4561 on a monthly basis using data from the previous 12 months of operation. If you are complying with a facility-specific emission limit under § 63.4490(c), you must also perform the calculation using Equation 1 in § 63.4490(c)(2) on a monthly basis using the data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.4490, this is a deviation from the emission limitation for that compliance period that must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4492 that applies to you, as specified in Table 1 to this subpart, when the coating line is in operation. (1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation, unless you have other data indicating the actual efficiency of the emission capture system and add-on control device and the use of these data is approved by the Administrator. (d) You must meet the requirements for bypass lines in § 63.4568(b) for controlled coating operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(7). For the purposes of completing the compliance calculations specified in §§ 63.4561(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation as indicated in Equation 1 of § 63.4561. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4493. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.4530(i)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4510(c)(6) and 63.4520(a)(7). (f) As part of each semiannual compliance report required in § 63.4520, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limits in § 63.4490, the operating limits in § 63.4492, and the work practice standards in § 63.4493, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4490, and you achieved the operating limits required by § 63.4492 and the work practice standards required by § 63.4493 during each compliance period. (g) On and after January 5, 2021, deviations that occur due to malfunction of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are required to operate in accordance with § 63.4500(b). The Administrator will determine whether the deviations are violations according to the provisions in § 63.4500(b). (h)-(i) [Reserved] (j) You must maintain records as specified in §§ 63.4530 and 63.4531. [69 FR 20990, Apr. 19, 2004, as amended at 71 FR 20465, Apr. 20, 2006; 85 FR 41154, July 8, 2020] § 63.4564 What are the general requirements for performance tests? (a) Before January 5, 2021, you must conduct each performance test required by § 63.4560 according to the requirements in § 63.7(e)(1) and under the conditions in this section, unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). On and after January 5, 2021, you must conduct each performance test required by § 63.4560 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. You must conduct the performance test under representative operating conditions for the coating operation. Operations during periods of startup, shutdown, or nonoperation do not constitute representative conditions for purposes of conducting a performance test. The owner or operator may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.4565. You must conduct each performance test of an add-on control device according to the requirements in § 63.4566. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020] § 63.4565 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of each performance test required by § 63.4560. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings, thinners and/or other additives, and cleaning materials used in the coating operation are applied within the capture system; coating solvent flash-off, curing, and drying occurs within the capture system; and the removal or evaporation of cleaning materials from the surfaces they are applied to occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners and/or other additives, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating, thinner and/or other additive, and cleaning material used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term volatile organic compounds (VOC) in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings, thinners and/or other additives, and cleaning materials used in the coating operation during each capture efficiency test run: Where: TVH used TVH i Vol i D i n = Number of different coatings, thinners and/or other additives, and cleaning materials used in the coating operation during the capture efficiency test run. (4) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system. They are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners and/or other additives, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, kg, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020] § 63.4566 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.4560. For each performance test, you must conduct three test runs as specified in § 63.7(e)(3) and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use EPA Method 1 or 1A of appendix A-1 to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use EPA Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR part 60, or 2G of appendix A-2 to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use EPA Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. (4) Use EPA Method 4 of appendix A-3 to 40 CFR part 60, to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either EPA Method 25 or 25A of appendix A-7 to 40 CFR part 60. (1) Use EPA Method 25 of appendix A-7 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A of appendix A-7 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A of appendix A-7 if the add-on control device is not an oxidizer. (4) You may use EPA Method 18 in appendix A-6 of part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet to the atmosphere of each device. For example, if one add-on control device is a concentrator with an outlet to the atmosphere for the high-volume dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet to the atmosphere for the low-volume concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions: Where: M f C c Q sd 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section: Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020] § 63.4567 How do I establish the emission capture system and add-on control device operating limits during the performance test? During performance tests required by § 63.4560 and described in §§ 63.4564, 63.4565, and 63.4566, you must establish the operating limits required by § 63.4492 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4492. (a) Thermal oxidizers. (1) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) For each performance test, use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During performance tests, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) You must monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During performance tests, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. For each performance test, use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly external inspection of the catalytic oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found during the annual internal inspection of the catalyst, you must replace the catalyst bed or take other corrective action consistent with the manufacturer's recommendations. If the catalyst bed is replaced and is not of like or better kind and quality as the old catalyst then you must conduct a new performance test to determine destruction efficiency according to § 63.4566. If a catalyst bed is replaced and the replacement catalyst is of like or better kind and quality as the old catalyst, then a new performance test to determine destruction efficiency is not required and you may continue to use the previously established operating limits for that catalytic oxidizer. (c) Regenerative carbon adsorbers. (1) During performance tests, you must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your regenerative carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During performance tests, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) Concentrators. (1) During performance tests, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) For each performance test, use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During each performance test, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) For each performance test, use the data collected during the performance test to calculate and record the average pressure drop. This is the minimum operating limit for the dilute stream across the concentrator. (f) Emission capture systems. (1) During the capture efficiency determination required by § 63.4560 and described in §§ 63.4564 and 63.4565, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41155, July 8, 2020] § 63.4568 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) Before January 5, 2021, you must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. On and after January 5, 2021, you must maintain the CPMS at all times in accordance with § 63.4500(b) and keep necessary parts readily available for routine repairs of the monitoring equipment. (5) Before January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after January 5, 2021, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.4500(b). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Before January 5, 2021, any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. On and after January 5, 2021, except for periods of required quality assurance or control activities, any period for which the CPMS fails to operate and record data continuously as required by paragraph (a)(5) of this section, or generates data that cannot be included in calculating averages as specified in (a)(6) of this section constitutes a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (v) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (v) Flow direction indicator. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.4520. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install gas temperature monitors upstream and/or downstream of the catalyst bed as required in § 63.3967(b). (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (v) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 5 degrees Fahrenheit or 1.0 percent of the temperature value, whichever is larger. (iii) Before using the sensor for the first time or when relocating or replacing the sensor, perform a validation check by comparing the sensor output to a calibrated temperature measurement device or by comparing the sensor output to a simulated temperature. (iv) Conduct an accuracy audit every quarter and after every deviation. Accuracy audit methods include comparisons of sensor output to redundant temperature sensors, to calibrated temperature measurement devices, or to temperature simulation devices. (v) Conduct a visual inspection of each sensor every quarter if redundant temperature sensors are not used. (d) Regenerative carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (3) For all regenerative carbon adsorbers, you must meet the requirements in paragraphs (c)(3)(i) through (v) of this section for each temperature monitoring device. (e) Condensers. (1) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (2) For all condensers, you must meet the requirements in paragraphs (c)(3)(i) through (v) of this section for each temperature monitoring device. (f) Concentrators. (1) You must install a temperature monitor in the desorption gas stream. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must install a device to monitor pressure drop across the zeolite wheel or rotary carbon bed. The pressure monitoring device must meet the requirements in paragraphs (a) and (g)(2) of this section. (g) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (g)(1)(i) through (vii) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Use a flow sensor with an accuracy of at least 10 percent of the flow. (iii) Perform an initial sensor calibration in accordance with the manufacturer's requirements. (iv) Perform a validation check before initial use or upon relocation or replacement of a sensor. Validation checks include comparison of sensor values with electronic signal simulations or via relative accuracy testing. (v) Conduct an accuracy audit every quarter and after every deviation. Accuracy audit methods include comparisons of sensor values with electronic signal simulations or via relative accuracy testing. (vi) Perform leak checks monthly. (vii) Perform visual inspections of the sensor system quarterly if there is no redundant sensor. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (g)(2)(i) through (vii) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Use a pressure sensor with an accuracy of at least 0.5 inches of water column or 5 percent of the measured value, whichever is larger. (iii) Perform an initial calibration of the sensor according to the manufacturer's requirements. (iv) Conduct a validation check before initial operation or upon relocation or replacement of a sensor. Validation checks include comparison of sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (v) Conduct accuracy audits every quarter and after every deviation. Accuracy audits include comparison of sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (vi) Perform monthly leak checks on pressure connections. A pressure of at least 1.0 inches of water column to the connection must yield a stable sensor result for at least 15 seconds. (vii) Perform a visual inspection of the sensor at least monthly if there is no redundant sensor. [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41156, July 8, 2020] Other Requirements and Information § 63.4580 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (EPA), or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as the EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the requirements in §§ 63.4481 through 4483 and §§ 63.4490 through 4493. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.4581 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Additive Add-on control Adhesive, adhesive coating Assembled on-road vehicle coating Automotive lamp coating Capture device Capture efficiency or capture system efficiency Capture system Cleaning material e.g., Coating Coating operation Coatings solids Continuous parameter monitoring system (CPMS) Controlled coating operation Deviation (1) Before January 5, 2021, any instance in which an affected source subject to this subpart, or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to, any emission limit or operating limit or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during SSM, regardless of whether or not such failure is permitted by this subpart; and (2) On and after January 5, 2021, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Emission limitation Enclosure Exempt compound Facility maintenance General use coating Hobby shop Manufacturer's formulation data Mass fraction of coating solids Mass fraction of organic HAP Month Non-HAP coating Organic HAP content Permanent total enclosure (PTE) Personal watercraft Plastic part and product Protective oil Reactive adhesive Research or laboratory facility de minimis Responsible official Startup, initial Surface preparation Temporary total enclosure Thermoplastic olefin (TPO) Thermoplastic olefin (TPO) coating Thinner Total volatile hydrocarbon (TVH) Uncontrolled coating operation Volatile organic compound (VOC) Wastewater [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41156, July 8, 2020] Table 1 to Subpart PPPP of Part 63—Operating Limits if Using the Emission Rate With Add-On Controls Option If you are required to comply with operating limits by § 63.4491(c), you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. Thermal oxidizer a. The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.4567(a). i. Collecting the combustion temperature data according to § 63.4568(c); 2. Catalytic oxidizer a. The average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.4567(b); and either i. Collecting the temperature data according to § 63.4568(c); b. Ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.4567(b)(2); or i. Collecting the temperature data according to § 63.4568(c); c. Develop and implement an inspection and maintenance plan according to § 63.4567(b)(4). i. Maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.4567(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. Regenerative carbon adsorber a. The total regeneration desorbing gas ( e.g., i. Measuring the total regeneration desorbing gas ( e.g., b. The temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.4567(c). i. Measuring the temperature of the carbon bed after completing each regeneration and any cooling cycle according to § 63.4568(d); and 4. Condenser a. The average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.4567(d). i. Collecting the condenser outlet (product side) gas temperature according to § 63.4568(e); 5. Concentrators, including zeolite wheels and rotary carbon adsorbers a. The average gas temperature of the desorption concentrate stream in any 3-hour period must not fall below the limit established according to § 63.4567(e); and i. Collecting the temperature data according to § 63.4568(f); b. The average pressure drop of the dilute stream across the concentrator in any 3-hour period must not fall below the limit established according to § 63.4567(e). i. Collecting the pressure drop data according to § 63.4568(f); 6. Emission capture system that is a PTE according to § 63.4565(a) a. The direction of the air flow at all times must be into the enclosure; and either i. Collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.4568(g)(1) or the pressure drop across the enclosure according to § 63.4568(g)(2); and b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or i. See c. The pressure drop across the enclosure must be at least 0.007 inch H 2 i. See 7. Emission capture system that is not a PTE according to § 63.4565(a) a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.4567(f). i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.4568(g); Table 2 to Subpart PPPP of Part 63—Applicability of General Provisions to Subpart PPPP of Part 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable to Explanation § 63.1(a)(1)-(12) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart PPPP is also specified in § 63.4481. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart PPPP. § 63.1(c)(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.4581. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Fragmentation Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1), (3), (4), (6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(5), (b)(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.4483 specifies the compliance dates. § 63.6(c)(1), (2), (5) Compliance Dates for Existing Sources Yes Section 63.4483 specifies the compliance dates. § 63.6(e)(1)(i)-(ii) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 See § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3)(i), (e)(3)(iii)-(ix) SSMP Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(1) Compliance Except During SSM Yes before January 5, 2021. No on and after January 5, 2021 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g) Use of an Alternative Standard Yes § 63.6(h) Compliance With Opacity/Visible Emission Standards No Subpart PPPP does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(14), (16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.4564, 63.4565, and 63.4566. § 63.7(a)(2), except (a)(2)(i)-(viii) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.4560 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3)-(4) Performance Tests Required By the Administrator, Force Majeure Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.7(e)(1) Conduct of Performance Tests Yes before January 5, 2021. No on and after January 5, 2021 See § 63.7(e)(2)-(4) Conduct of Performance Tests Yes § 63.7(f) Performance Test Requirements—Use Alternative Test Method Yes Applies to all test methods except those of used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.4568. § 63.8(a)(4) Additional Monitoring Requirements No Subpart PPPP does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring System (CMS) Operation and Maintenance Yes before January 5, 2021. No on and after January 5, 2021 Section 63.4568 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.4568. § 63.8(c)(4) CMS No Section 63.4568 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart PPPP does not have opacity or visible emission standards. § 63.8(c)(6) CMS Requirements No Section 63.4568 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods and Reporting No Section 63.4520 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart PPPP does not require the use of continuous emissions monitoring systems. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart PPPP does not require the use of continuous emissions monitoring systems. § 63.8(g) Data Reduction No Sections 63.4567 and 63.4568 specify monitoring data reduction. § 63.9(a)-(d) Notification Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart PPPP does not have opacity or visible emission standards. § 63.9(g) Additional Notifications When Using CMS No Subpart PPPP does not require the use of continuous emissions monitoring systems. § 63.9(h)(1)-(3), (5)-(6) Notification of Compliance Status Yes Section 63.4510 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.4530 and 63.4531. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and of Failures to Meet Standards Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(b)(2)(vii)-(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart PPPP does not require the use of continuous emissions monitoring systems. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1), (5)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the SSMP Yes before January 5, 2021. No on and after January 5, 2021 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.4520. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.4520(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart PPPP does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) SSM Reports Yes before January 5, 2021. No on and after January 5, 2021 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart PPPP does not require the use of continuous emissions monitoring systems. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.4520(b) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart PPPP does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart PPPP does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 IBR Yes § 63.15 Availability of Information/Confidentiality Yes [85 FR 41156, July 8, 2020, as amended at 85 FR 73907, Nov. 19, 2020] Table 3 to Subpart PPPP of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data and which match either the solvent blend name or the chemical abstract series (CAS) number. If a solvent blend matches both the name and CAS number for an entry, that entry's organic HAP mass fraction must be used for that solvent blend. Otherwise, use the organic HAP mass fraction for the entry matching either the solvent blend name or CAS number, or use the organic HAP mass fraction from table 4 to this subpart if neither the name or CAS number match. Solvent/solvent blend CAS. No. Average organic Typical organic HAP, 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 4 to Subpart PPPP of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent type Average Typical organic HAP, percent by mass Aliphatic b 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic c 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. a b c Table 5 to Subpart PPPP of Part 63—List of HAP That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [85 FR 41160, July 8, 2020] Appendix A to Subpart PPPP of Part 63—Determination of Weight Volatile Matter Content and Weight Solids Content of Reactive Adhesives 1.0 Applicability and Principle 1.1 Applicability: 1.2 Principle: One-part and multiple-part reactive adhesives undergo a reactive conversion from liquid to solid during the application and assembly process. Reactive adhesives are applied to a single surface, but then are usually quickly covered with another mating surface to achieve a bonded assembly. The monomers employed in such systems typically react and are converted to non-volatile solids. If left uncovered, as in a EPA Method 24 (or ASTM D2369-10 (Reapproved 2015) e 2.0 Materials and Apparatus 2.1 Aluminum foil, aluminum sheet, non-leaching plastic film or non-leaching plastic sheet, approximately 3 inches by 3 inches. Precondition the foil, film, or sheet for 30 minutes in an oven at 110 ±5 degrees Celsius and store in a desiccator prior to use. Use tongs or rubber gloves or both to handle the foil, film, or sheet. 2.2 Flat, rigid support panels slightly larger than the foil, film, or sheet. Polypropylene with a minimum thickness of 1/8 2.3 Aluminum spacers, 1/8 2.4 Forced draft oven, type IIA or IIB as specified in ASTM E145-94 (Reapproved 2001), “Standard Specification for Gravity-Convection and Forced-Ventilation Ovens” (incorporated by reference, see § 63.14). 2.5 Electronic balance capable of weighing to ±0.0001 grams (0.1 mg). 2.6 Flat bottom weight (approximately 3 lbs) or clamps. Material and Apparatus Notes 1—The foil, film, or sheet should be thick or rigid enough so that it can be easily handled in the test procedure. 3.0 Procedure 3.1 Two procedures are provided. In Procedure A the initial specimen weight is determined by weighing the foil, film, or sheet before and after the specimen is dispensed onto the foil, film, or sheet. In Procedure B the initial specimen weight is determined by weighing the adhesive cartridge (kit) before and after the specimen is dispensed. 3.2 At least four test specimens should be run for each test material. Run the test at room temperature, 74 degrees Fahrenheit (23 degrees Celsius). Procedure A 1. Zero electronic balance. 2. Place 2 pieces of aluminum foil (or aluminum sheet, plastic film, or plastic sheet) on scale. 3. Record weight of aluminum foils. (A). 4. Tare balance. 5. Remove top piece of aluminum foil. 6. Dispense a 10 to 15 gram specimen of premixed adhesive onto bottom piece of aluminum foil. Place second piece of aluminum foil on top of the adhesive specimen to make a sandwich. 7. Record weight of sandwich (specimen and aluminum foils). (B). 8. Remove sandwich from scale, place sandwich between two support panels with aluminum spacers at the edges of the support panels to make a supported sandwich. The spacers provide a standard gap. Take care to mate the edges. 9. Place the supported sandwich on a flat surface. 10. Place the weight on top of the supported sandwich to spread the adhesive specimen to a uniform thickness within the sandwich. Check that no adhesive squeezes out from between the pieces of aluminum foil or through tears in the aluminum foil. 11. Allow to cure 24 hours. 12. Remove the sandwich from between the support panels. Record the weight of the sandwich. This is referred to as the 24 hr weight. (C). 13. Bake sandwich at 110 degrees Celsius for 1 hour. 14. Remove sandwich from the oven, place immediately in a desiccator, and cool to room temperature. Record post bake sandwich weight. (D). Procedure B 1. Zero electronic balance. 2. Place two pieces of aluminum foil (or aluminum sheet, plastic film, or plastic sheet) on scale. 3. Record weight of aluminum foils. (A). 4. Tare balance. 5. Place one support panel on flat surface. Place first piece of aluminum foil on top of this support panel. 6. Record the weight of a pre-mixed sample of adhesive in its container. If dispensing the adhesive from a cartridge (kit), record the weight of the cartridge (kit) plus any dispensing tips. (F). 7. Dispense a 10 to 15 gram specimen of mixed adhesive onto the first piece of aluminum foil. Place second piece of aluminum foil on top of the adhesive specimen to make a sandwich. 8. Record weight of the adhesive container. If dispensing the adhesive from a cartridge (kit), record the weight of the cartridge (kit) plus any dispensing tips. (G). 9. Place the aluminum spacers at the edges of the bottom support panel polypropylene sheet. The spacers provide a standard gap. 10. Place the second support panel on top of the assembly to make a supported sandwich. Take care to mate the edges. 11. Place the supported sandwich on a flat surface. 12. Place the weight on top of the supported sandwich to spread the adhesive specimen to a uniform thickness within the sandwich. Check that no adhesive squeezes out from between the pieces of aluminum foil or through tears in the aluminum foil. 13. Allow to cure 24 hours. 14. Remove the sandwich from between the support panels. Record the weight of the sandwich. This is referred to as the 24 hr weight. (C). 15. Bake sandwich at 110 degrees Celsius for 1 hour. 16. Remove sandwich from the oven, place immediately in a desiccator, and cool to room temperature. 17. Record post-bake sandwich weight. (D). Procedural Notes 1—The support panels may be omitted if the aluminum foil (or aluminum sheet, plastic film, or plastic sheet) will not tear and the adhesive specimen will spread to a uniform thickness within the sandwich when the flat weight is placed directly on top of the sandwich. 2—Clamps may be used instead of a flat bottom weight to spread the adhesive specimen to a uniform thickness within the sandwich. 3—When dispensing from a static mixer, purging is necessary to ensure uniform, homogeneous specimens. The weighing in Procedure B, Step 6 must be performed after any purging. 4—Follow the adhesive manufacturer's directions for mixing and for dispensing from a cartridge (kit). 4.0 Calculations 4.1 The total weight loss from curing and baking of each specimen is used to determine the weight percent volatile matter content of that specimen Procedure A Weight of original specimen (S) = (B)−(A) Weight of post-bake specimen (P) = (D)−(A) Total Weight Loss (L) = (S)−(P) Procedure B Weight of original specimen (S) = (F)−(G) Weight of post-bake specimen (P) = (D)−(A) Total Weight Loss (L) = (S)−(P) Procedure A and Procedure B Weight Percent Volatile Matter Content (V) = [(Total weight loss)/(Initial specimen weight)] × 100 = [(L)/(S)] × 100 4.2 The weight volatile matter content of a material is the average of the weight volatile matter content of each specimen of that material. For example, if four specimens of a material were tested, then the weight percent volatile matter content for that material is: V = [V1 + V2 + V3 + V4]/4 Where: Vi = the weight percent volatile matter content of specimen i of the material. 4.3 The weight percent solids content of the material is calculated from the weight percent volatile content of the material. Weight Percent Solids Content (N) = 100−(V) Calculation Notes 1—The weight loss during curing and the weight loss during baking may be calculated separately. These values may be useful for identifying sources of variation in the results obtained for different specimens of the same material. 2—For both Procedure A and Procedure B, the weight loss during curing is (S)−[(C)−(A)] and the weight loss during baking is (C)−(D). [69 FR 20990, Apr. 19, 2004, as amended at 85 FR 41161, July 8, 2020] Subpart QQQQ—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products Source: 68 FR 31760, May 28, 2003, unless otherwise noted. What This Subpart Covers § 63.4680 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for wood building products surface coating sources. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.4681 Am I subject to this subpart? (a) Except as provided in paragraphs (c) and (d) of this section, the source category to which this subpart applies is surface coating of wood building products, which means the application of coatings using, for example, roll coaters or curtain coaters in the finishing or laminating of any wood building product that contains more than 50 percent by weight wood or wood fiber excluding the weight of any glass components, and is used in the construction, either interior or exterior, of a residential, commercial, or institutional building. The wood building products source category includes the subcategories listed in paragraphs (a)(1) through (5) of this section. (1) Doors, windows, and miscellaneous. (2) Flooring. (3) Interior wall paneling and tileboard. (4) Other interior panels. (5) Exterior siding and primed doorskins. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source, as defined in § 63.4682, that uses 4,170 liters (1,100 gallons) per year, or more, of coatings in the source category defined in paragraph (a) of this section and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP). A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. (c) This subpart does not apply to surface coating and other operations that meet the criteria of paragraphs (c)(1) through (5) of this section. (1) Surface coating in the processes identified in paragraphs (c)(1)(i) through (xi) of this section that are part of plywood and composite wood product manufacturing and subject to subpart DDDD of this part including: (i) Edge seals applied to a reconstituted wood product or plywood. (ii) Anti-skid coatings applied to reconstituted wood products. (iii) Primers applied to waferboard or oriented strand board (OSB) siding at the site of manufacture of the waferboard or OSB siding. (iv) Surface coating that occurs during the manufacture of fiberboard, including application of clay slurry, titanium dioxide, or asphalt coatings to fiberboard. (v) Painting of company logo information on plywood or reconstituted wood products. (vi) Application of trademarks and grade stamp to reconstituted wood products or plywood. (vii) Application of nail lines to reconstituted wood products. (viii) Synthetic patches, wood patches, and wood putty applied to plywood. (ix) Application of concrete forming and other drying or tempering oils to wood building products. (x) Veneer composing. (xi) Application of shelving edge fillers to reconstituted wood products. (2) Surface coating of wood furniture subject to subpart JJ of this part, including finishing, gluing, cleaning, and washoff operations associated with the production of wood furniture or wood furniture components. The surface coating of millwork and trim associated with cabinet manufacturing is also subject to subpart JJ of this part and not to this subpart. (3) Surface coating that occurs during the manufacture of prefabricated homes and mobile/modular homes. (4) Surface coating that occurs at research or laboratory facilities; janitorial, building, and facility construction or maintenance operations; or hobby shops that are operated for personal rather than for commercial purposes. The source category also does not include non-commercial coating operations or coating applications using handheld nonrefillable aerosol containers. (5) Wood treatment or fire retardant operations located at wood building products sources that involve impregnating the wood product with the wood treatment chemicals or fire retardant by using a retort or other pressure vessel. (d) If you have an affected source with surface coating operations subject to the requirements of another subpart of this part that account for at least 95 percent of the total (annual) coating usage for the affected source, you may demonstrate compliance with the requirements, including all applicable emission limit(s), for that subpart for the entire affected source. [68 FR 31760, May 28, 2003, as amended at 84 FR 7698, Mar. 4, 2019] § 63.4682 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source. (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of wood building products: (1) All coating operations as defined in § 63.4781; (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers used for conveying coatings, thinners, and cleaning materials; and (4) All storage containers and all manual and automated equipment and containers used for conveying waste materials generated by a coating operation. (c) An affected source is a new affected source if its construction commenced after June 21, 2002, and the construction is of a completely new wood building products surface coating source where previously no wood building products surface coating source had existed. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.4683 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4740, 63.4750, and 63.4760. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before May 28, 2003, the compliance date is May 28, 2003; except that the compliance date for the revised requirements promulgated at §§ 63.4700, 63.4710, 63.4720, 63.4730, 63.4741, 63.4751, 63.4752, 63.4761, 63.4763, 63.4764, 63.4766, 63.4781, table 4 of this subpart QQQQ, and appendix A to 40 CFR part 63 is September 3, 2019. (2) If the initial startup of your new or reconstructed affected source occurs after May 28, 2003, the compliance date is March 4, 2019 or the date of initial startup of your affected source, whichever is later; except that if you commenced construction or reconstruction of your new or reconstructed affected source after May 28, 2003, but on or before May 16, 2018, the compliance date for the revised requirements promulgated at §§ 63.4700, 63.4710, 63.4720, 63.4730, 63.4741, 63.4751, 63.4752, 63.4761, 63.4763, 63.4764, 63.4766, 63.4781, table 4 of this subpart QQQQ, and appendix A to 40 CFR part 63 is September 3, 2019. (b) For an existing affected source, the compliance date is the date 3 years after May 28, 2003, except that the compliance date for the revised requirements promulgated at §§ 63.4700, 63.4710, 63.4720, 63.4730, 63.4741, 63.4751, 63.4752, 63.4761, 63.4763, 63.4764, 63.4766, 63.4781, table 4 of this subpart QQQQ of part 63, and appendix A to 40 CFR part 63 is September 3, 2019. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or May 28, 2003, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after May 28, 2003, whichever is later. (d) You must meet the notification requirements in § 63.4710 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. [68 FR 31760, May 28, 2003, as amended at 84 FR 7698, Mar. 4, 2019] Emission Limitations § 63.4690 What emission limits must I meet? (a) For a new or reconstructed affected source, you must limit organic HAP emissions to the atmosphere to no more than the applicable emission limit(s) in Table 1 to this subpart, determined according to the requirements in § 63.4741, § 63.4751, or § 63.4761. (b) For an existing affected source, you must limit organic HAP emissions to the atmosphere to no more than the applicable emission limit(s) in Table 2 to this subpart, determined according to the requirements in § 63.4741, § 63.4751, or § 63.4761. (c) If the affected source applies coatings to products that are in different subcategories as described in § 63.4681(a), then you must demonstrate initial and continuous compliance by selecting one of the approaches described in paragraphs (c)(1) and (2) of this section. (1) Conduct separate compliance demonstrations for each applicable subcategory emission limit and reflect these separate determinations in notifications, reports, and records required by §§ 63.4710, 63.4720, and 63.4730, respectively. (2) Demonstrate compliance with the most stringent of the applicable subcategory emission limits. § 63.4691 What are my options for meeting the emission limits? You must include all coatings, thinners, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.4690. To make this determination, you must use at least one of the three compliance options listed in paragraphs (a) through (c) of this section. You may apply any of the compliance options to an individual coating operation or to multiple coating operations as a group or to the entire affected source. You may use different compliance options for different coating operations or at different times on the same coating operation. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.4730(c), and you must report it in the next semiannual compliance report required in § 63.4720. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. § 63.4692 What operating limits must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any operating limits. (b) For any controlled coating operation(s) on which you use the emission rate with add-on controls option, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4761(j), you must meet the operating limits specified in Table 3 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation(s) for which you use this option, and you must establish the operating limits during the performance test according to the requirements in § 63.4767. You must meet the operating limits at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 3 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). § 63.4693 What work practice standards must I meet? (a) For any coating operation(s) on which you use the compliant material option or the emission rate without add-on controls option, you are not required to meet any work practice standards. (b) If you use the emission rate with add-on controls option, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, the coating operation(s); or you must meet an alternative standard as provided in paragraph (d) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. You must make the plan available upon request for inspection by the Administrator. (1) All organic-HAP coatings, thinners, cleaning materials, and waste materials must be stored in closed containers. (2) Spills of organic-HAP coatings, thinners, cleaning materials, and waste materials must be minimized. (3) Organic-HAP coatings, thinners, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels that contain organic-HAP coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic-HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) If your affected source has an existing documented plan that incorporates steps taken to minimize emissions from the sources specified in paragraphs (b)(1) through (5) of this section, then your existing plan can be used to meet the requirement for a work practice plan as specified in paragraph (b) of this section. (d) As provided in § 63.6(g), we, the U.S. Environmental Protection Agency (U.S. EPA), may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.4700 What are my general requirements for complying with this subpart? (a) You must be in compliance with the emission limitations in this subpart as specified in paragraphs (a)(1) and (2) of this section. (1) Any coating operation(s) for which you use the compliant material option or the emission rate without add-on controls option, as specified in § 63.4691(a) and (b), must be in compliance with the applicable emission limit in § 63.4690 at all times. (2) Any coating operation(s) at existing sources for which you use the emission rate with add-on controls option, as specified in § 63.4691(c), must be in compliance with the applicable emission limitations as specified in paragraphs (a)(2)(i) through (iii) of this section. (i) Before September 3, 2019, the coating operation(s) must be in compliance with the applicable emission limit in § 63.4690 at all times, except during periods of startup, shutdown, and malfunction (SSM). On and after September 3, 2019, the coating operation(s) must be in compliance with the applicable emission limit in § 63.4690 at all times. (ii) Before September 3, 2019, the coating operation(s) must be in compliance with the applicable operating limits for emission capture systems and add-on control devices required by § 63.4692 at all times, except during periods of SSM, and except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j). On and after September 3, 2019, the coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4692 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j). (iii) The coating operation(s) must be in compliance with the work practice standards in § 63.4693 at all times. (3) For new or reconstructed sources with initial startup after May 16, 2018, any coating operation(s) for which you use the emission rate with add-on controls option, as specified in § 63.4691(c), must be in compliance with the applicable emission limitations and work practice standards as specified in paragraphs (a)(3)(i) through (iii) of this section. (i) The coating operation(s) must be in compliance with the applicable emission limit in § 63.4690 at all times. (ii) The coating operation(s) must be in compliance with the operating limits for emission capture systems and add-on control devices required by § 63.4692 at all times, except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j). (iii) The coating operation(s) must be in compliance with the work practice standards in § 63.4693 at all times. (b) For existing sources as of March 4, 2019, before September 3, 2019, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after September 3, 2019 for such existing sources and after March 4, 2019 for new or reconstructed sources, you must always operate and maintain your affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (c) If your affected source uses an emission capture system and add-on control device, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date specified for your affected source in § 63.4683 and the date when the initial emission capture system and add-on control device performance tests have been completed, as specified in § 63.4760. This requirement does not apply to a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4761(j) in lieu of conducting performance tests. (d) For existing sources, before September 3, 2019, if your affected source uses an emission capture system and add-on control device, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). The SSMP must address startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The SSMP must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. [68 FR 31760, May 28, 2003, as amended at 71 FR 20465, Apr. 20, 2006; 84 FR 7699, Mar. 4, 2019] § 63.4701 What parts of the General Provisions apply to me? Table 4 to this subpart indicates which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.4710 What notifications must I submit? (a) General. (b) Initial Notification. (c) Notification of Compliance Status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4740, § 63.4750, or § 63.4760 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.4691 that you used on each coating operation in the affected source during the initial compliance period. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.4690, include all the calculations you used to determine the grams organic HAP emitted per liter of coating solids used (pounds (lb) organic HAP emitted per gallon of coating solids used). You do not need to submit information provided by the materials suppliers or manufacturers, or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material or a summary of the results of testing conducted according to § 63.4741(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating, for one thinner, and for one cleaning material. (ii) Volume fraction of coating solids for one coating. (iii) Density for one coating, one thinner, and one cleaning material, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4751. (8) The calculation of grams organic HAP emitted per liter coating solids used (lb organic HAP emitted per gallon coating solids used) for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section. (i) For the compliant material option, provide an example calculation of the organic HAP content for one coating, using Equation 2 of § 63.4741. (ii) For the emission rate without add-on controls option, provide the calculation of the total mass of organic HAP emissions for each month; the calculation of the total volume of coating solids used each month; and the calculation of the 12-month organic HAP emission rate, using Equations 1 and 1A (or 1A-alt) through 1C, 2, and 3, respectively, of § 63.4751. (iii) For the emission rate with add-on controls option, provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4751; the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4751; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equations 1, 1A through 1D, 2, 3, and 3A through 3C of § 63.4761, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4761; and the calculation of the 12-month organic HAP emission rate, using Equation 5 of § 63.4761. (9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (c)(9)(i) through (iv) of this section, except that the requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system and add-on control device operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4693. [68 FR 31760, May 28, 2003, as amended at 84 FR 7699, Mar. 4, 2019; 85 FR 73907, Nov. 19, 2020] § 63.4720 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4740, § 63.4750, or § 63.4760 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the date specified in paragraph (a)(1)(iii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. (iv) Identification of the compliance option or options specified in § 63.4691 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. (v) If you used the emission rate without add-on controls or the emission rate with add-on controls compliance option (§ 63.4691(b) or (c)), the calculation results for each rolling 12-month organic HAP emission rate during the 6-month reporting period. (4) No deviations. (5) Deviations: compliant material option. (i) Identification of each coating used that deviated from the emission limit, each thinner and cleaning material used that contained organic HAP, and the dates and time periods each was used. (ii) The calculation of the organic HAP content (using Equation 2 of § 63.4741) for each coating identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iii) The determination of mass fraction of organic HAP for each coating, thinner, and cleaning material identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation ( e.g., (iv) A statement of the cause of each deviation. (6) Deviations: emission rate without add-on controls option. (i) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.4690. (ii) The calculations used to determine the 12-month organic HAP emission rate for the compliance period in which the deviation occurred. You must provide the calculations for Equations 1, 1A (or 1A-alt) through 1C, 2, and 3 in § 63.4751; and if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4751(e)(4). You do not need to submit background data supporting these calculations ( e.g., (iii) A statement of the cause of each deviation. (7) Deviations: Emission rate with add-on controls option. (i) For existing sources, before September 3, 2019, if you used the emission rate with add-on controls option and there was a deviation from an emission limitation (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), the semiannual compliance report must contain the information in paragraphs (a)(7)(i)(A) through (N) of this section. This includes periods of SSM during which deviations occurred. (A) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.4690. (B) The calculations used to determine the 12-month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4751; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4751(e)(4); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4751; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equations 1 and 1A through 1D of § 63.4761, and Equations 2, 3, and 3A through 3C of § 63.4761, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4761; and the calculation of the 12-month organic HAP emission rate, using Equation 5 of § 63.4761. You do not need to submit the background data supporting these calculations ( e.g., (C) The date and time that each malfunction started and stopped. (D) A brief description of the CPMS. (E) The date of the latest CPMS certification or audit. (F) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. (G) The date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). (H) The date and time period of each deviation from an operating limit in Table 3 to this subpart, date and time period of any bypass of the add-on control device, and whether each deviation occurred during a period of SSM or during another period. (I) A summary of the total duration of each deviation from an operating limit in Table 3 to this subpart, each bypass of the add-on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period. (J) A breakdown of the total duration of the deviations from the operating limits in Table 3 to this subpart and bypasses of the add-on control device during the semiannual reporting period by identifying deviations due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (K) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (L) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (M) For each deviation from the work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. (N) A statement of the cause of each deviation. (ii) After March 4, 2019 for new and reconstructed sources, and on and after September 3, 2019 for existing sources, if you used the emission rate with add-on controls option and there was a deviation from an emission limitation (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere), the semiannual compliance report must contain the information in paragraphs (a)(7)(ii)(A) through (M) of this section. (A) The beginning and ending dates of each compliance period during which the 12-month organic HAP emission rate exceeded the applicable emission limit in § 63.4690. (B) The calculations used to determine the 12-month organic HAP emission rate for each compliance period in which a deviation occurred. You must provide the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4751; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4751(e)(4); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4751; the calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equations 1 and 1A through 1D of § 63.4761, and Equations 2, 3, and 3A through 3C of § 63.4761, as applicable; the calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4761; and the calculation of the 12-month organic HAP emission rate, using Equation 5 of § 63.4761. You do not need to submit the background data supporting these calculations ( e.g., (C) A brief description of the CPMS. (D) The date of the latest CPMS certification or audit. (E) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. (F) The date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). (G) The date and time period of each deviation from an operating limit in Table 3 to this subpart, date and time period of any bypass of the add-on control device. (H) A summary of the total duration of each deviation from an operating limit in Table 3 to this subpart, each bypass of the add-on control device during the semiannual reporting period, and the total duration as a percent of the total source operating time during that semiannual reporting period. (I) A breakdown of the total duration of the deviations from the operating limits in Table 3 to this subpart and bypasses of the add-on control device during the semiannual reporting period by identifying deviations due to control equipment problems, process problems, other known causes, and other unknown causes; a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (J) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total source operating time during that semiannual reporting period. (K) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (L) For each deviation from the standard, including work practice standards, a description of the deviation, the date and time period of the deviation, and the actions you took to correct the deviation. (M) A statement of the cause of each deviation. (b) Performance test reports. (c) SSM reports. (1) If your actions were consistent with your SSMP, you must include the information specified in § 63.10(d) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your SSMP, you must submit an immediate SSM report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). (d) Electronic reporting. (i) Data collected using test methods supported by EPA's Electronic Reporting Tool (ERT) as listed on EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (ii) Data collected using test methods that are not supported by EPA's ERT as listed on EPA's ERT website at the time of the test. (iii) Confidential business information (CBI). (2) You must submit the Notification of Compliance Status required in § 63.4710(c) and the semiannual compliance reports required in paragraph (a) of this section to the EPA via the CEDRI. (CEDRI can be accessed through the EPA's CDX ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (3) If you are required to electronically submit a report through CEDRI in EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (d)(3)(i) through (vii) of this section. (i) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either EPA's CEDRI or CDX systems. (ii) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (iii) The outage may be planned or unplanned. (iv) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (v) You must provide to the Administrator a written description identifying: (A) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (B) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (C) Measures taken or to be taken to minimize the delay in reporting; and (D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (vi) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (vii) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (4) If you are required to electronically submit a report through CEDRI in EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (d)(4)(i) through (v) of this section. (i) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (ii) You must submit the notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (iii) You must provide to the Administrator: (A) A written description of the force majeure event; (B) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (C) Measures taken or to be taken to minimize the delay in reporting; and (D) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (iv) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (v) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [68 FR 31760, May 28, 2003, as amended at 84 FR 7699, Mar. 4, 2019] § 63.4730 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers, such as manufacturer's formulation data, or test data used to determine the mass fraction of organic HAP and density for each coating, thinner, and cleaning material and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraphs (c)(1) through (4) of this section. (1) A record of the coating operations at which you used each compliance option and the time periods (beginning and ending dates and times) you used each option. (2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 2 of § 63.4741. (3) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1, 1A (or 1A-alt) through 1C, and 2 of § 63.4751; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4751(e)(4); the calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4751; and the calculation of each 12-month organic HAP emission rate, using Equation 3 of § 63.4751. (4) For the emission rate with add-on controls option, records of the calculations specified in paragraphs (c)(4)(i) through (v) of this section. (i) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used each month, using Equations 1 and 1A through 1C of § 63.4751; and, if applicable, the calculation used to determine mass of organic HAP in waste materials according to § 63.4751(e)(4). (ii) The calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4751. (iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equations 1 and 1A through 1D of § 63.4761, and Equations 2, 3, and 3A through 3C of § 63.4761, as applicable. (iv) The calculation of the total mass of organic HAP emissions each month, using Equation 4 of § 63.4761. (v) The calculation of each 12-month organic HAP emission rate, using Equation 5 of § 63.4761. (d) A record of the name and volume of each coating, thinner, and cleaning material used during each compliance period. (e) A record of the mass fraction of organic HAP for each coating, thinner, and cleaning material used during each compliance period. (f) A record of the volume fraction of coating solids for each coating used during each compliance period. (g) A record of the density for each coating used during each compliance period; and, if you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, the density for each thinner and cleaning material used during each compliance period. (h) If you use an allowance in Equation 1 of § 63.4751 for organic HAP contained in waste materials sent to or designated for shipment to a treatment, storage, and disposal facility (TSDF) according to § 63.4751(e)(4), you must keep records of the information specified in paragraphs (h)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.4751; a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility; and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.4751. (3) The methodology used in accordance with § 63.4751(e)(4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (i) [Reserved] (j) You must keep records of the date, time, and duration of each deviation. (k) If you use the emission rate with add-on controls option, you must keep the records specified in paragraphs (k)(1) through (2) of this section. (1) For existing sources, before September 3, 2019: (i) For each deviation, a record of whether the deviation occurred during a period of SSM. (ii) The records in § 63.6(e)(3)(iii) through (v) related to SSM. (iii) The records required to show continuous compliance with each operating limit specified in Table 3 to this subpart that applies to you. (iv) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4765(a). (v) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4764 and 63.4765(b) through (e), including the records specified in paragraphs (k)(1)(v)(A) through (C) of this section that apply to you. (A) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (B) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (C) Records for an alternative protocol. (vi) The records specified in paragraphs (k)(1)(vi)(A) and (B) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.4766. (A) Records of each add-on control device performance test conducted according to §§ 63.4764 and 63.4766. (B) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (vii) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4767 and to document compliance with the operating limits as specified in Table 3 to this subpart. (viii) A record of the work practice plan required by § 63.4693, and documentation that you are implementing the plan on a continuous basis. (2) After March 4, 2019 for new and reconstructed sources, and on and after September 3, 2019 for existing sources: (i) The records required to show continuous compliance with each operating limit specified in Table 3 to this subpart that applies to you. (ii) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4765(a). (iii) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4764 and 63.4765(b) through (e), including the records specified in paragraphs (k)(2)(iii)(A) through (C) of this section that apply to you. (A) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (B) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (C) Records for an alternative protocol. (iv) The records specified in paragraphs (k)(2)(iv)(A) and (B) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.4766. (A) Records of each add-on control device performance test conducted according to §§ 63.4764 and 63.4766. (B) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (v) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4767 and to document compliance with the operating limits as specified in Table 3 to this subpart. (vi) A record of the work practice plan required by § 63.4693, and documentation that you are implementing the plan on a continuous basis. [68 FR 31760, May 28, 2003, as amended at 84 FR 7701, Mar. 4, 2019] § 63.4731 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep the records off-site for the remaining 3 years. Compliance Requirements for the Compliant Material Option § 63.4740 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.4741. The initial compliance period begins on the applicable compliance date specified in § 63.4683 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. The initial compliance demonstration includes the calculations according to § 63.4741 and supporting documentation showing that during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.4690, and that you used no thinners or cleaning materials that contained organic HAP. § 63.4741 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limit in § 63.4690 and must use no thinner or cleaning material that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to meet the operating limits or work practice standards required in §§ 63.4692 and 63.4693, respectively. To demonstrate initial compliance with the emission limitations using the compliant material option, you must meet all the requirements of this section for the coating operation or group of coating operations using this option. Use the procedures in this section on each coating, thinner, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the compliant material option, provided these materials in their condition as received were demonstrated to comply with the compliant material option. If the mass fraction of organic HAP of a coating equals zero, determined according to paragraph (a) of this section, and you use the compliant material option, you are not required to comply with paragraphs (b) and (c) of this section for that coating. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in table 7 to subpart QQQQ of part 63 that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other compounds. For example, if toluene (not listed in Table 7 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point ( e.g., (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point ( e.g., (2) Method 24 (appendix A-7 to 40 CFR part 60). Note: (i) ASTM Method D2111-10 (Reapproved 2015), “Standard Test Methods for Specific Gravity and Density of Halogenated Organic Solvents and Their Admixtures,” (incorporated by reference, see § 63.14); (ii) ASTM Method D2369-10 (Reapproved 2015) e (iii) ASTM Method D2697-03 (Reapproved 2014), “Standard Test Method for Volume Nonvolatile Matter in Clear or Pigmented Coatings,” (incorporated by reference, see § 63.14); and (iv) ASTM Method D6093-97 (Reapproved 2016), “Standard Test Method for Percent Volume Nonvolatile Matter in Clear or Pigmented Coatings Using a Helium Gas Pycnometer,” (incorporated by reference, see § 63.14). (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the volume fraction of coating solids for each coating. (1) ASTM Method D2697-03 (Reapproved 2014) or D6093-97 (Reapproved 2016). (2) Information from the supplier or manufacturer of the material. (3) Calculation of volume fraction of coating solids. Where: V s m volatiles D avg (c) Determine the density of each coating. (d) Calculate the organic HAP content of each coating. Where: H c D c W c V s (e) Compliance demonstration. [68 FR 31760, May 28, 2003, as amended at 84 FR 7702, Mar. 4, 2019; 88 FR 14287, Mar. 8, 2023] § 63.4742 How do I demonstrate continuous compliance with the emission limitations? (a) For each compliance period to demonstrate continuous compliance, you must use no coating for which the organic HAP content determined using Equation 2 of § 63.4741 exceeds the applicable emission limit in § 63.4690; and use no thinner or cleaning material that contains organic HAP, determined according to § 63.4741(a). A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4740 is the end of a compliance period consisting of that month and the preceding 11 months. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner, or cleaning material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(5). (c) As part of each semiannual compliance report required by § 63.4720, you must identify the coating operation(s) for which you used the compliant material option. If there were no deviations from the emission limitations in § 63.4690, submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because you used no coating for which the organic HAP content exceeded the applicable emission limit in § 63.4690, and you used no thinner or cleaning material that contained organic HAP, determined according to § 63.4741(a). (d) You must maintain records as specified in §§ 63.4730 and 63.4731. Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.4750 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4751. The initial compliance period begins on the applicable compliance date specified in § 63.4683 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the calculations according to § 63.4751 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the applicable emission limit in § 63.4690. § 63.4751 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must meet the applicable emission limit in § 63.4690. Any coating operation for which you use the emission rate without add-on controls option is not required to meet the operating limits or work practice standards required in §§ 63.4692 and 63.4693, respectively. You must meet all the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.4690 for the coating operation(s). When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation(s) for which you use the emission rate without add-on controls option. (a) Determine the mass fraction of organic HAP for each material. (b) Determine the volume fraction of coating solids for each coating. (c) Determine the density of each material. (d) Determine the volume of each material used. (e) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coatings used during the month, grams, as calculated in Equation 1A (or 1A-alt) of this section. B = Total mass of organic HAP in the thinners used during the month, grams, as calculated in Equation 1B of this section. C = Total mass of organic HAP in the cleaning materials used during the month, grams, as calculated in Equation 1C of this section. R w w (1) Calculate the mass of organic HAP in the coatings used during the month, using Equation 1A of this section: Where: A = Total mass of organic HAP in the coatings used during the month, grams. Vol c,i D c,i W c,i m = Number of different coatings used during the month. (2) Calculate the mass of organic HAP in the thinners used during the month, using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinners used during the month, grams. Vol t,j D t,j W t,j n = Number of different thinners used during the month. (3) Calculate the mass of organic HAP in the cleaning materials used during the month using Equation 1C of this section: Where: C = Total mass of organic HAP in the cleaning materials used during the month, grams. Vol s,k D s,k W s,k p = Number of different cleaning materials used during the month. (4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in Equation 1 of this section, then you must determine it according to paragraphs (e)(4)(i) through (iv) of this section. (i) You may include in the determination only waste materials that are generated by coating operations for which you use Equation 1 of this section and that will be treated or disposed of by a facility regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include organic HAP contained in wastewater. (ii) You must determine either the amount of the waste materials sent to a TSDF during the month or the amount collected and stored during the month and designated for future transport to a TSDF. Do not include in your determination any waste materials sent to a TSDF during a month if you have already included them in the amount collected and stored during that month or a previous month. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section. (iv) You may use any reasonable methodology to determine the amount of waste materials and the total mass of organic HAP they contain, and you must document your methodology as required in § 63.4730(h). To the extent that waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total volume of coating solids used. Where: V st Vol c,i V s,i m = Number of coatings used during the month. (g) Calculate the organic HAP emission rate. Where: H yr H e V st y = Identifier for months. (h) Compliance demonstration. (i) Alternative compliance demonstration. (1) You must also calculate the mass of organic HAP emitted from the coatings used during the month using Equation 1A-alt of this section: Where: A = Total mass of organic HAP in the coatings used during the month, grams. Vol c,i D c,j W c,i EF c,i m = Number of different coatings used during the month. (2) Calculate the organic HAP emission rate for the 12-month compliance period, grams organic HAP per liter coating solids used, using Equation 3 of this section. (3) The organic HAP emission rate for the initial 12-month compliance period, calculated using Equation 3 of this section, must be less than or equal to the applicable emission limit in § 63.4690. You must keep all records as required by §§ 63.4730 and 63.4731. As part of the Notification of Compliance Status required by § 63.4710, you must identify the coating operation(s) for which you used the emission rate without add-on controls option and submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the initial compliance period because the organic HAP emission rate was less than or equal to the applicable emission limit in § 63.4690, determined according to this section. (4) If ASTM D6348-03 (Reapproved 2010) is used, the conditions specified in paragraphs (i)(4)(i) and (ii) must be met. (i) Test plan preparation and implementation in the Annexes to ASTM D6348-03 (Reapproved 2010), sections A1 through A8 are mandatory. (ii) In ASTM D6348-03 (Reapproved 2010) Annex A5 (Analyte Spiking Technique), the percent (%) R must be determined for each target analyte (Equation A5.5 of ASTM D6348-03). In order for the test data to be acceptable for a compound, %R must be between 70 and 130 percent. If the %R value does not meet this criterion for a target compound, the test data are not acceptable for that compound, and the test must be repeated for that analyte following adjustment of the sampling and/or analytical procedure before the retest. The %R value for each compound must be reported in the test report, and all field measurements must be corrected with the calculated %R value for that compound using the following equation: Reported Result = (Measured Concentration in the Stack × 100)/%R. [68 FR 31760, May 28, 2003, as amended at 84 FR 7702, Mar. 4, 2019] § 63.4752 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance, the organic HAP emission rate for each compliance period, calculated using Equation 3 of § 63.4751, must be less than or equal to the applicable emission limit in § 63.4690. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4750 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4751(a) through (g) on a monthly basis using data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.4690, this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(6). (c) As part of each semiannual compliance report required by § 63.4720, you must identify the coating operation(s) for which you used the emission rate without add-on controls option. If there were no deviations from the emission limitations, you must submit a statement that the coating operation(s) was (were) in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4690, determined according to § 63.4751(a) through (g). (d) You must maintain records as specified in §§ 63.4730 and 63.4731. (e) If you use the alternative compliance demonstration described in § 63.4751(i), you must identify each organic HAP component in the coating(s) and conduct a performance test every 5 years to obtain an organic HAP emission factor (EF). You must use the following methods, as appropriate: Method 320 of appendix A to 40 CFR part 63 or NCASI Method ISS/FP A105.01 (incorporated by reference, see § 63.14) (for formaldehyde) or Method 326 of appendix A to 40 CFR part 63 (for isocyanates). The voluntary consensus standard ASTM D6348-03 (Reapproved 2010) (incorporated by reference, see § 63.14) may be used as an alternative to using Method 320 under the conditions specified in § 63.4751(i)(4)(i) and (ii). [68 FR 31760, May 28, 2003, as amended at 84 FR 7703, Mar. 4, 2019] Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.4760 By what date must I conduct performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4683. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j), you must conduct a performance test of each capture system and add-on control device according to §§ 63.4764, 63.4765, and 63.4766, and establish the operating limits required by § 63.4692 no later than 180 days after the applicable compliance date specified in § 63.4683. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4761(j), you must initiate the first material balance no later than 180 days after the applicable compliance date specified in § 63.4683. (2) You must develop and begin implementing the work practice plan required by § 63.4693 no later than the compliance date specified in § 63.4683. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4761. The initial compliance period begins on the applicable compliance date specified in § 63.4683 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4764, 63.4765, and 63.4766; results of liquid-liquid material balances conducted according to § 63.4761(j); calculations according to § 63.4761 and supporting documentation showing that during the initial compliance period, the organic HAP emission rate was equal to or less than the emission limit in § 63.4690(a); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4768; and documentation of whether you developed and implemented the work practice plan required by § 63.4693. (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4692 until after you have completed the performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (a)(1) of this section. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to the requirements in § 63.4761(j). (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4683. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4761(j), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4764, 63.4765, and 63.4766 and establish the operating limits required by § 63.4692 no later than the applicable compliance date specified in § 63.4683. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4761(j), you must initiate the first material balance no later than the compliance date specified in § 63.4683. (2) You must develop and begin implementing the work practice plan required by § 63.4693 no later than the compliance date specified in § 63.4683. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4761. The initial compliance period begins on the applicable compliance date specified in § 63.4683 and ends on the last day of the 12th month following the compliance date. If the compliance date occurs on any day other than the first day of a month, then the initial compliance period extends through the end of that month plus the next 12 months. You must determine the mass of organic HAP emissions and volume of coating solids used each month and then calculate a 12-month organic HAP emission rate at the end of the initial 12-month compliance period. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4764, 63.4765, and 63.4766; results of liquid-liquid material balances conducted according to § 63.4761(j); calculations according to § 63.4761 and supporting documentation showing that during the initial compliance period the organic HAP emission rate was equal to or less than the emission limit in § 63.4690(b); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4768; and documentation of whether you developed and implemented the work practice plan required by § 63.4693. § 63.4761 How do I demonstrate initial compliance? (a) You may use the emission rate with add-on controls option for any coating operation, for any group of coating operations in the affected source, or for all of the coating operations in the affected source. You may include both controlled and uncontrolled coating operations in a group for which you use this option. You must use either the compliant material option or the emission rate without add-on controls option for any coating operation in the affected source for which you do not use the emission rate with add-on controls option. To demonstrate initial compliance, the coating operation(s) for which you use the emission rate with add-on controls option must meet the applicable emission limitations in §§ 63.4690, 63.4692, and 63.4693. You must meet all the requirements of this section to demonstrate initial compliance with the emission limitations. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate without add-on controls option. You do not need to redetermine the mass of organic HAP in coatings, thinners, or cleaning materials that have been reclaimed and reused in the coating operation(s) for which you use the emission rate with add-on controls option. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of organic HAP, density, volume used, and volume fraction of coating solids. (f) Calculate the total mass of organic HAP emissions before add-on controls. (g) Calculate the organic HAP emission reduction for each controlled coating operation. (h) Calculate the organic HAP emission reduction for each controlled coating operation not using liquid-liquid material balances. Where: H c A c B c C c H unc CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4764 and 63.4765 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4764 and 63.4766 to measure and record the organic HAP destruction or removal efficiency. (1) Calculate the mass of organic HAP in the coatings used in the controlled coating operation, grams, using Equation 1A of this section: Where: A c Vol c,i D c,i W c,i m = Number of different coatings used. (2) Calculate the mass of organic HAP in the thinners used in the controlled coating operation, grams, using Equation 1B of this section: Where: B c Vol t,j D t,j W t,j n = Number of different thinners used. (3) Calculate the mass of organic HAP in the cleaning materials used in the controlled coating operation during the month, grams, using Equation 1C of this section: Where: C c Vol s,k D s,k W s,k p = Number of different cleaning materials used. (4) Calculate the mass of organic HAP in the coatings, thinners, and cleaning materials used in the controlled coating operation during deviations specified in § 63.4763(c) and (d), using Equation 1D of this section: Where: H unc Vol h D h W h q = Number of different coatings, thinners, or cleaning materials. (i) [Reserved] (j) Calculate the organic HAP emission reduction for each controlled coating operation using liquid-liquid material balances. (1) For each solvent recovery system, install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each month. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the month, grams, based on measurement with the device required in paragraph (j)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, grams volatile organic matter per gram coating. You may determine the volatile organic matter mass fraction using Method 24 of 40 CFR part 60, appendix A-7, one of the voluntary consensus standards specified in § 63.4741(a)(2)(i) through (iv), or an EPA approved alternative method, or you may use information provided by the manufacturer or supplier of the coating. In the event of any inconsistency between information provided by the manufacturer or supplier and the results of Method 24 of 40 CFR part 60, appendix A-7, or an approved alternative method, the test method results will take precedence unless after consultation, a regulated source could demonstrate to the satisfaction of the enforcement agency that the formulation data were correct. (4) Determine the density of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, grams per liter, according to § 63.4751(c). (5) Measure the volume of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the month, liters. (6) Each month, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section: Where: R v M vr Vol i D i WV c,i Vol j D j WV t,j Vol k D k WV s,k m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the month. n = Number of different thinners used in the coating operation controlled by the solvent recovery system during the month. p = Number of different cleaning materials used in the coating operation controlled by the solvent recovery system during the month. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the month, using Equation 3 of this section: Where: H CSR A CSR B CSR C CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, grams, using Equation 3A of this section: Where: A CSR Vol c,i D c,i W c,i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners used in the coating operation controlled by the solvent recovery system, grams, using Equation 3B of this section: Where: B CSR Vol t,j D t,j W t,j n = Number of different thinners used. (iii) Calculate the mass of organic HAP in the cleaning materials used in the coating operation controlled by the solvent recovery system during the month, grams, using Equation 3C of this section. Where: C CSR Vol s,k D s,k W s,k p = Number of different cleaning materials used. (k) Calculate the total volume of coating solids used. (l) Calculate the mass of organic HAP emissions for each month. Where: H HAP H e H c,i H CSR,j q = Number of controlled coating operations not using a liquid-liquid material balance. r = Number of coating operations controlled by a solvent recovery system using a liquid-liquid material balance. (m) Calculate the organic HAP emission rate for the 12-month compliance period. Where: H annual H HAP,y V st,y y = Identifier for months. (n) Compliance demonstration. [68 FR 31760, May 28, 2003, as amended at 84 FR 7703, Mar. 4, 2019] § 63.4762 [Reserved] § 63.4763 How do I demonstrate continuous compliance with the emission limitations? (a) To demonstrate continuous compliance with the applicable emission limit in § 63.4690, the organic HAP emission rate for each compliance period, calculated using Equation 5 of § 63.4761, must be equal to or less than the applicable emission limit in § 63.4690. A compliance period consists of 12 months. Each month after the end of the initial compliance period described in § 63.4760 is the end of a compliance period consisting of that month and the preceding 11 months. You must perform the calculations in § 63.4761 on a monthly basis using data from the previous 12 months of operation. (b) If the organic HAP emission rate for any 12-month compliance period exceeded the applicable emission limit in § 63.4690, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4692 that applies to you, as specified in Table 3 to this subpart. (1) If an operating parameter is out of the allowed range specified in Table 3 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 3 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. For the purposes of completing the compliance calculations specified in § 63.4761(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation, as indicated in Equation 1 of § 63.4761. (d) You must meet the requirements for bypass lines in § 63.4768(b) for controlled coating operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when a controlled coating operation is running, this is a deviation that must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(7). For the purposes of completing the compliance calculations specified in § 63.4761(h), you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation, as indicated in Equation 1 of § 63.4761. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4693. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.4730(k)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4710(c)(6) and 63.4720(a)(7). (f) As part of each semiannual compliance report required in § 63.4720, you must identify the coating operation(s) for which you used the emission rate with add-on controls option. If there were no deviations from the emission limitations, submit a statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4690, and you achieved the operating limits required by § 63.4692 and the work practice standards required by § 63.4693 during each compliance period. (g) [Reserved] (h) For existing sources, before September 3, 2019, consistent with §§ 63.6(e) and 63.7(e)(1), deviations that occur during a period of SSM of the emission capture system, add-on control device, or coating operation that may affect emission capture or control device efficiency are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.6(e)(1). The Administrator will determine whether deviations that occur during a period you identify as an SSM are violations, according to the provisions in § 63.6(e). (i) [Reserved] (j) You must maintain records as specified in §§ 63.4730 and 63.4731. [68 FR 31760, May 28, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 84 FR 7703, Mar. 4, 2019] § 63.4764 What are the general requirements for performance tests? (a) You must conduct each performance test required by § 63.4760 according to the requirements in § 63.7(e)(1) and under the conditions in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.4765. You must conduct each performance test of an add-on control device according to the requirements in § 63.4766. [68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019] § 63.4765 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by § 63.4760. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings, thinners, and cleaning materials used in the coating operation are applied within the capture system; coating solvent flash-off and coating, curing, and drying occurs within the capture system; and the removal or evaporation of cleaning materials from the surfaces they are applied to occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction of TVH liquid input from each coating, thinner, and cleaning material used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term volatile organic compounds (VOC) in the methods. (3) Use Equation 1 of this section to calculate the total mass of TVH liquid input from all the coatings, thinners, and cleaning materials used in the coating operation during each capture efficiency test run. Where: TVH used TVH i Vol i D i n = Number of different coatings, thinners, and cleaning materials used in the coating operation during the capture efficiency test run. (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass, grams, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass, grams, of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C of appendix M to 40 CFR part 51 measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct, and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass, grams, of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D of appendix M to 40 CFR part 51 if the enclosure is a temporary total enclosure. (ii) Use Method 204E of appendix M to 40 CFR part 51 if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. § 63.4766 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.4760. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A of appendix A-1 to 40 CFR part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, or 2F of appendix A-1 to 40 CFR part 60, or Method 2G of appendix A-2 to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B of appendix A-2 to 40 CFR part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]” (incorporated by reference, see § 63.14). (4) Use Method 4 of appendix A-3 to 40 CFR part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using Method 25 or 25A of appendix A-7 to 40 CFR part 60, and Method 320 or 326 of appendix A to 40 CFR part 63, as specified in paragraphs (b)(1) through (5) of this section. The voluntary consensus standard ASTM D6348-03 (Reapproved 2010) (incorporated by reference in § 63.14) may be used as an alternative to using Method 320 if the conditions specified in § 63.4751(i)(4)(i) and (ii) are met. You must use the same method for both the inlet and outlet measurements. (1) Use Method 25 of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is an oxidizer, and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use Method 25A of appendix A-7 to 40 CFR part 60 if the add-on control device is not an oxidizer. (4) If Method 25A is used, and if formaldehyde is a major organic HAP component of the surface coating exhaust stream, use Method 320 of appendix A to 40 CFR part 63 or NCASI Method ISS/FP A105.01 (incorporated by reference in § 63.14) or ASTM D6348-03 (Reapproved 2010) (incorporated by reference in § 63.14) to determine formaldehyde concentration. (5) In addition to Method 25 or 25A, use Method 326 of appendix A to 40 CFR part 63 if isocyanate is a major organic HAP component of the surface coating exhaust stream. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume, dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. The mass emission rates for formaldehyde and individual isocyanate must be determined separately. Where: M f MW = Molecular weight of analyte of interest (12 for Method 25 and 25A results). C c Q sd 41.6 = Conversion factor for molar volume, gram-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section: Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. Destruction and removal efficiency must be determined independently for formaldehyde and isocyanates. [68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019] § 63.4767 How do I establish the emission capture system and add-on control device operating limits during the performance test? During the performance test required by § 63.4760 and described in §§ 63.4764, 63.4765, and 63.4766, you must establish the operating limits required by § 63.4692 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4692. (a) Thermal oxidizers. (1) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During the performance test, you must monitor and record the temperature before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average temperature difference across the catalyst bed maintained during the performance test. This is the minimum operating limit for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. ( Note: (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e, (ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must take corrective action consistent with the manufacturer's recommendation and conduct a new performance test to determine destruction efficiency according to § 63.4766. (c) Carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle, and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During the performance test, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) Concentrators. (1) During the performance test, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) Use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During the performance test, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) Use the data collected during the performance test to calculate and record the average pressure drop. This is the maximum operating limit for the dilute stream across the concentrator. (f) Emission capture system. (1) During the capture efficiency determination required by § 63.4760 and described in §§ 63.4764 and 63.4765, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. § 63.4768 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) You must maintain the CPMS at all times and have available necessary parts for routine repairs of the monitoring equipment. (5) You must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). (6) You must not use emission capture system or add-on control device parameter data recorded during periods when the control device is not receiving emissions, monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened and there was a deviation from the applicable emission limitation, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.4720. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, you must install a gas temperature monitor in the gas stream immediately before the catalyst bed, and if you established operating limits according to § 63.4767(b)(1) and (2), also install a gas temperature monitor in the gas stream immediately after the catalyst bed. (i) If you establish operating limits according to § 63.4767(b)(1) and (2), then you must install the gas temperature monitors both upstream and downstream of the catalyst bed. The temperature monitors must be in the gas stream immediately before and after the catalyst bed to measure the temperature difference across the bed. (ii) If you establish operating limits according to § 63.4767(b)(3) and (4), then you must install a gas temperature monitor upstream of the catalyst bed. The temperature monitor must be in the gas stream immediately before the catalyst bed to measure the temperature. (3) For all thermal oxidizers and catalytic oxidizers, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (vii) of this section for each gas temperature monitoring device. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a measurement sensitivity of 4 degrees Fahrenheit or 0.75 percent of the temperature value, whichever is larger. (iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (iv) If a gas temperature chart recorder is used, it must have a measurement sensitivity in the minor division of at least 20 degrees Fahrenheit. (v) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer's owners manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 30 degrees Fahrenheit of the process temperature sensor reading. (vi) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (vii) At least monthly, inspect components for integrity and electrical connections for continuity, oxidation, and galvanic corrosion. (d) Carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must have a measurement sensitivity of 1 percent of the temperature recorded or 1 degree Fahrenheit, whichever is greater, and must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (e) Condensers. (1) The gas temperature monitor must have a measurement sensitivity of 1 percent of the temperature recorded or 1 degree Fahrenheit, whichever is greater. (2) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (f) Concentrators. (1) You must install a temperature monitor in the desorption gas stream. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must install a device to monitor pressure drop across the zeolite wheel or rotary carbon bed. The pressure monitoring device must meet the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Use a gauge with a minimum tolerance of 0.5 inch of water or a transducer with a minimum tolerance of 1 percent of the pressure range. (iv) Check the pressure tap daily. (v) Using a manometer, check gauge calibration quarterly and transducer calibration monthly. (vi) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vii) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. (g) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (g)(1)(i) through (iv) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iii) Conduct a flow sensor calibration check at least semiannually. (iv) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (g)(2)(i) through (vi) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iii) Check pressure tap pluggage daily. (iv) Using an inclined manometer with a measurement sensitivity of 0.0002 inch water, check gauge calibration quarterly and transducer calibration monthly. (v) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vi) At least monthly, inspect components for integrity, electrical connections for continuity, and mechanical connections for leakage. Other Requirements and Information § 63.4780 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency, in addition to the EPA, has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the work practice standards under § 63.4693. (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.4781 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Add-on control Adhesive Block average e.g., Capture device Capture efficiency capture system efficiency Capture system Cleaning material e.g., Coating Coating operation Coating solids Continuous parameter monitoring system (CPMS) Controlled coating operation Deviation (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to any emission limit, or operating limit, or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) On and after September 3, 2019, fails to meet any emission limit, or operating limit, or work practice standard in this subpart during SSM. Emission limitation Enclosure Exempt compound Finished wood product Laminated wood product Manufacturer's formulation data Mass fraction of organic HAP Millwork Month Organic HAP content Permanent total enclosure (PTE) Protective oil Research or laboratory facility Responsible official Startup, initial Surface preparation Temporary total enclosure Thinner Tileboard Total volatile hydrocarbon (TVH) Uncontrolled coating operation Volatile organic compound (VOC) Volume fraction of coating solids Wastewater Wood building product [68 FR 31760, May 28, 2003, as amended at 84 FR 7704, Mar. 4, 2019] Table 1 to Subpart QQQQ of Part 63—Emission Limits for New or Reconstructed Affected Sources You must comply with the emission limits that apply to your affected source in the following table as required by § 63.4690. If the affected source applies coating to products in the following subcategory. . . Then, the organic HAP emission limit for the affected source, in grams HAP/liter solids (lb HAP/gal solids) 1 2 1. Exterior siding and primed doorskins 0 (0.00) 2. Flooring 0 (0.00) 3. Interior wall paneling or tileboard 5 (0.04) 4. Other interior panels 0 (0.00) 5. Doors, windows, and miscellaneous 57 (0.48) 1 2 Table 2 to Subpart QQQQ of Part 63—Emission Limits for Existing Affected Sources You must comply with the emission limits that apply to your affected source in the following table as required by § 63.4690. If the affected source applies coating to products in the following subcategory. . . Then, the organic HAP emission limit for the affected source, in grams HAP/liter solids (lb HAP/gal solids) 1 2 1. Exterior siding and primed doorskins 7 (0.06) 2. Flooring 93 (0.78) 3. Interior wall paneling or tileboard 183 (1.53) 4. Other interior panels 20 (0.17) 5. Doors, windows, and miscellaneous 231 (1.93) 1 2 Table 3 to Subpart QQQQ of Part 63—Operating Limits if Using the Emission Rate With Add-On Controls Option If you are required to comply with operating limits by § 63.4692, you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. Thermal oxidizer a. The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.4767(a) i. Collecting the combustion temperature data according to § 63.4768(c); 2. Catalytic oxidizer a. The average temperature difference measured across the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.4767(b); or i. Collecting the temperature data according to § 63.4768(c); b. Ensure that the inlet temperature of the catalyst bed in any 3-hour period does not fall below the temperature limit established according to § 63.4767(b)(2) and develop and implement an inspection and maintenance plan according to § 63.4767(b)(3) and (4) i. Collecting the temperature data according to § 63.4768(c), reducing the data to 3-hour block averages, and maintaining the 3-hour average temperature at or above the temperature limit; and 3. Carbon absorber a. The total regeneration desorbing gas ( e.g., i. Measuring the total regeneration desorbing gas ( e.g., b. The temperature of the carbon bed, after completing each regeneration and any cooling cycle, must not exceed the carbon bed temperature limit established according to § 63.4767(c) i. Measuring the temperature of the carbon bed, after completing each regeneration and any cooling cycle, according to § 63.4768(d); and 4. Condenser a. The average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.4767(d) i. Collecting the condenser outlet (product side) gas temperature according to § 63.4768(e); 5. Emission capture system that is a PTE according to § 63.4765(a) a. The direction of the air flow at all times must be into the enclosure; and either i. Collecting the direction of the air flow; and either the facial velocity of air through all natural draft openings according to § 63.4768(g)(1) or the pressure drop across the enclosure according to § 63.4768(g)(2); and ii. Maintaining the facial velocity of air flow through all natural draft openings or the pressure drop at or above the facial velocity limit or pressure drop limit, and maintaining the direction of air flow into the enclosure at all times. b. The average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or i. See items 5.a.i and 5.a.ii. c. The pressure drop across the enclosure must be at least 0.007 inch H 2 i. See items 5.a.i and 5.a.ii. 6. Emission capture system that is not a PTE according to § 63.4765(a) a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.4767(f) i. Collecting the gas volumetric flow gas or duct static pressure for each capture device according to § 63.4768(g); 7. Concentrators, including zeolite wheels and rotary carbon absorbers The average gas temperature of the desorption concentrate stream in any 3-hour period must not fall below the limit established according to § 63.4767(e); and i. Collecting the temperature data according to § 63.4768(f); b. The average pressure drop of the dilute stream across the concentrator in any 3-hour period must not exceed the limit established according to § 63.4767(e) i. Collecting the pressure drop data according to § 63.4768(f); and Table 4 to Subpart QQQQ of Part 63—Applicability of General Provisions to Subpart QQQQ of Part 63 You must comply with the applicable General Provisions requirements according to the following table: Citation Subject Applicable Explanation § 63.1(a)(1)-(14) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart QQQQ is also specified in § 63.4681. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart QQQQ. § 63.1(c)(3) [Reserved] No § 63.1(c)(4)-(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(d) [Reserved] No § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.4781. § 63.3(a)-(c) Units and Abbreviations Yes § 63.4(a)(1)-(5) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Severability Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1)-(6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(c) [Reserved] No § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(7) Compliance Dates for New and Reconstructed Sources Yes § 63.4683 specifies compliance dates. § 63.6(c)(1)-(5) Compliance Dates for Existing Sources Yes § 63.4683 specifies compliance dates. § 63.6(d) [Reserved] No § 63.6(e)(1)(i) General Duty to Minimize Emissions No See § 63.4700(b) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions ASAP No § 63.6(e)(1)(iii) Operation and Maintenance Requirements Enforceable Independent of Emissions Limitations Yes § 63.6(e)(2) [Reserved] No § 63.6(e)(3) SSMP No § 63.6(f)(1) Compliance Except During SSM No § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g)(1)-(3) Use of an Alternative Standard Yes § 63.6(h) Compliance with Opacity/Visible Emissions Standards No Subpart QQQQ does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources. Additional requirements for performance testing are specified in §§ 63.4751, 63.4752, 63.4764, 63.4765, and 63.4766. § 63.7(a)(2) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standard. § 63.4760 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3) Performance Tests Required By the Administrator Yes § 63.7(a)(4) Notification of Delay in Performance Testing Due to Force Majeure Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary for Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.7(e)(1) Performance Testing Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standard. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for monitoring are specified in § 63.4768. § 63.8(a)(3) [Reserved] No § 63.8(a)(4) Additional Monitoring Requirements No Subpart QQQQ does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring System (CMS) Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standard. Additional requirements for CMS operations and maintenance are specified in § 63.4768. § 63.8(c)(1)(i) General Duty to Minimize Emissions and CMS Operation No § 63.8(c)(1)(ii) Operation and Maintenance of CMS Yes § 63.8(c)(1)(iii) Requirement to Develop SSM Plan for CMS No § 63.8(c)(2)-(3) Monitoring System Installation Yes § 63.8(c)(4) CMSs No § 63.4768 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart QQQQ does not have opacity for visible emission standards. § 63.8(c)(6) CMS Requirements Yes § 63.4768 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods Reporting No § 63.4720 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart QQQQ does not require the use of continuous emissions monitoring systems. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart QQQQ does not require the use of continuous emissions monitoring systems. § 63.8(g)(1)-(5) Data Reduction No §§ 63.4767 and 63.4768 specify monitoring data reduction. § 63.9(a)-(d) Notification Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standard. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart QQQQ does not have opacity or visible emission standards. § 63.9(g)(1)-(3) Additional Notifications When Using CMS No Subpart QQQQ does not require the use of continuous emissions monitoring systems. § 63.9(h) Notification of Compliance Status Yes § 63.4710 specifies the dates for submitting the Notification of Compliance Status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.4730 and 63.4731. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns No § 63.10(b)(2)(iii) Recordkeeping Relevant to CMS Yes § 63.10(b)(2)(iv)-(v) Recordkeeping Relevant to SSM No § 63.10(b)(2)(vi)-(xi) Recordkeeping for CMS Malfunctions Yes § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart QQQQ does not require the use of continuous emissions monitoring systems. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) No The same records are required in § 63.4720(a)(7). § 63.10(c)(9)-(14) Yes § 63.10(c)(15) Use of SSM Plan No § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.4720. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.4720(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart QQQQ does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) SSM Reports No Malfunctions shall be reported based on compliance option under § 63.4720(a)(5-7). § 63.10(e)(1)-(2) Additional CMS Reports No Subpart QQQQ does not require the use of continuous emissions monitoring systems. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No § 63.4720(b) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart QQQQ does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart QQQQ does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes Test Methods ANSI A135.4-2012, ANSI/ASME PTC 19.10-1981, Part 10, ASTM D1475-13, ASTM D2111-10 (Reapproved 2015), ASTM D2369-10 (Reapproved 2015) e e § 63.15 Availability of Information/Confidentiality Yes § 63.16 Requirements for Performance Track Member Facilities Yes [84 FR 7705, Mar. 4, 2019, as amended at 85 FR 73908, Nov. 19, 2020] Table 5 to Subpart QQQQ of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent/solvent blend CAS. No. Average organic HAP mass fraction Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethylbenzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 6 to Subpart QQQQ of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups a You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data. Solvent type Average organic HAP mass fraction Typical organic HAP, percent by mass Aliphatic b 0.03 1% xylene, 1% toluene, and 1% ethylbenzene. Aromatic c 0.06 4% xylene, 1% toluene, and 1% ethylbenzene. a b E.g., c E.g., Table 7 to Subpart QQQQ of Part 63—List of HAP That Must Be Counted Toward Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [88 FR 14287, Mar. 8, 2023] Subpart RRRR—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture Source: 68 FR 28619, May 23, 2003, unless otherwise noted. What This Subpart Covers § 63.4880 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for metal furniture surface coating facilities. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limitations. § 63.4881 Am I subject to this subpart? (a) Except as provided in paragraph (c) of this section, the source category to which this subpart applies is surface coating of metal furniture. (1) Surface coating is the application of coatings to a substrate using, for example, spray guns or dip tanks. (2) Metal furniture means furniture or components of furniture constructed either entirely or partially from metal. Metal furniture includes, but is not limited to, components of the following types of products as well as the products themselves: household, office, institutional, laboratory, hospital, public building, restaurant, barber and beauty shop, and dental furniture; office and store fixtures; partitions; shelving; lockers; lamps and lighting fixtures; and wastebaskets. (b) You are subject to this subpart if you own or operate a new, reconstructed, or existing affected source as defined in § 63.4882, in the source category defined in paragraph (a) of this section, and that is a major source, is located at a major source, or is part of a major source of emissions of hazardous air pollutants (HAP). A major source of HAP emissions is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.07 megagrams (Mg) (10 tons) or more per year or any combination of HAP at a rate of 22.68 Mg (25 tons) or more per year. (c) This subpart does not apply to surface coating that meets any of the criteria of paragraphs (c)(1) through (6) of this section. (1) Surface coating conducted at an affected source that uses only coatings, thinners, and cleaning materials that contain no organic HAP. (2) Surface coating of metal components of wood furniture conducted in an operation that is subject to the wood furniture manufacturing NESHAP in subpart JJ of this part. (3) Surface coating that occurs at research or laboratory facilities or that is part of janitorial, building, and facility maintenance operations. (4) Surface coating of only small items such as knobs, hinges, or screws that have a wider use beyond metal furniture are not subject to this subpart unless the surface coating occurs at an affected metal furniture source. (5) Surface coating of metal furniture conducted for the purpose of repairing or maintaining metal furniture used by a major source and not for commerce is not subject to this subpart, unless organic HAP emissions from the surface coating itself are as high as the rates specified in paragraph (b) of this section. (6) Surface coating of metal furniture performed on-site at installations owned or operated by the Armed Forces of the United States (including the Coast Guard and the National Guard of any State). § 63.4882 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, and existing affected source. (b) The affected source is the collection of all of the items listed in paragraphs (b)(1) through (4) of this section that are used for surface coating of metal furniture: (1) All coating operations as defined in § 63.4981; (2) All storage containers and mixing vessels in which coatings, thinners, and cleaning materials are stored or mixed; (3) All manual and automated equipment and containers and all pumps and piping within the affected source used for conveying coatings, thinners, and cleaning materials; and (4) All storage containers, all pumps and piping, and all manual and automated equipment and containers within the affected source used for conveying waste materials generated by a coating operation. (c) An affected source is a new affected source if you commenced its construction after April 24, 2002, and the construction is of a completely new metal furniture surface coating facility where previously no metal furniture surface coating facility had existed. (d) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (e) An affected source is existing if it is not new or reconstructed. § 63.4883 When do I have to comply with this subpart? The date by which you must comply with this subpart is called the compliance date. The compliance date for each type of affected source is specified in paragraphs (a) through (c) of this section. The compliance date begins the initial compliance period during which you conduct the initial compliance demonstration described in §§ 63.4940, 63.4950, and 63.4960. (a) For a new or reconstructed affected source, the compliance date is the applicable date in paragraph (a)(1) or (2) of this section: (1) If the initial startup of your new or reconstructed affected source is before May 23, 2003, the compliance date is May 23, 2003. (2) If the initial startup of your new or reconstructed affected source occurs after May 23, 2003, the compliance date is the date of initial startup of your affected source. (b) For an existing affected source, the compliance date is the date 3 years after May 23, 2003. (c) For an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP emissions, the compliance date is specified in paragraphs (c)(1) and (2) of this section. (1) For any portion of the source that becomes a new or reconstructed affected source subject to this subpart, the compliance date is the date of initial startup of the affected source or May 23, 2003, whichever is later. (2) For any portion of the source that becomes an existing affected source subject to this subpart, the compliance date is the date 1 year after the area source becomes a major source or 3 years after May 23, 2003, whichever is later. (d) You must meet the notification requirements in § 63.4910 according to the dates specified in that section and in subpart A of this part. Some of the notifications must be submitted before the compliance dates described in paragraphs (a) through (c) of this section. Emission Limitations § 63.4890 What emission limits must I meet? (a) For a new or reconstructed affected source, you must emit no organic HAP during each compliance period, determined according to the procedures in § 63.4941. (b) Alternative emission limit. (1) Any request to use an alternative emission limit under paragraph (b) of this section must contain specific information demonstrating why no organic HAP-free coating technology can be used on the metal furniture components. The request must be based on objective criteria related to the performance or appearance requirements of the finished coating, which may include but is not limited to the criteria listed in paragraphs (b)(1)(i) through (viii) of this section. (i) Low dried film thickness requirements ( e.g., (ii) Flexibility requirements for parts subject to repeated bending. (iii) Chemical resistance to withstand chemical exposure in environments such as laboratories. (iv) Resistance to the effects of exposure to ultraviolet light. (v) Adhesion characteristics related to the condition of the substrate. (vi) High gloss requirements. (vii) Custom colors such as matching the color of a corporate logo. (viii) Non-uniform surface finishes such as an antique appearance that requires visible cracking of the dried film. (2) If the request to use an alternative emission limit under paragraph (b) of this section is approved, the new source must meet an emission limit of 0.094 kilogram (kg) organic HAP per liter (kg/liter) (0.78 pounds per gallon (lb/gal)) coating solids used for only those components subject to the approval. All other metal furniture surface coating operations at the new source must meet the emission limit specified in paragraph (a) of this section. Until approval to use the alternative emission limit has been granted by the Administrator under this paragraph (b)(2), you must meet the emission limit specified in paragraph (a) of this section and all other applicable requirements in this subpart. (c) For an existing affected source, you must limit organic HAP emissions to the atmosphere to no more than 0.10 kg organic HAP per liter (0.83 lb/gal) of coating solids used during each compliance period, determined according to the procedures in § 63.4941, § 63.4951, or § 63.4961. § 63.4891 What are my options for demonstrating compliance with the emission limits? You must include all coatings, thinners, and cleaning materials used in the affected source when determining whether the organic HAP emission rate is equal to or less than the applicable emission limit in § 63.4890. To make this determination, you must use at least one of the three compliance options listed in paragraphs (a) through (c) of this section. You may apply any of the compliance options to an individual coating operation or to multiple coating operations as a group or to the entire affected source. You may use different compliance options for different coating operations or at different times on the same coating operation. However, you may not use different compliance options at the same time on the same coating operation. If you switch between compliance options for any coating operation or group of coating operations, you must document this switch as required by § 63.4930(c), and you must report it in the next semiannual (6-month period) compliance report required in § 63.4920. (a) Compliant material option. (b) Emission rate without add-on controls option. (c) Emission rate with add-on controls option. (d) If you choose to use the emission rate with add-on controls compliance option in paragraph (c) of this section and operate the coating operation, its emission capture system, or its add-on control device at multiple sets of representative operating conditions that result in different capture system or add-on control device efficiencies during a compliance period, you must follow one of the procedures in paragraph (d)(1) or (2) of this section. (1) Determine the operating conditions that result in the lowest emission capture system and add-on control device efficiencies through performance testing conducted according to §§ 63.4963, 63.4964, and 63.4965. Use these emission capture system and add-on control device efficiencies for all representative operating conditions during the compliance period. (2) Develop a compliance calculation procedure for determining the organic HAP emission rate for the compliance period that takes into account all of the representative operating conditions the source was operated under during the compliance period and submit the procedure to the Administrator for approval. Until you receive approval from the Administrator, you must determine compliance according to paragraph (c) of this section. § 63.4892 What operating limits must I meet? (a) For any coating operation or group of coating operations for which you use the compliant material option or the emission rate without add-on controls option to demonstrate compliance, you are not required to meet any operating limits. (b) For any coating operation or group of coating operations for which you use the emission rate with add-on controls option to demonstrate compliance, except those for which you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.4961(j), you must meet the operating limits specified in Table 1 to this subpart. These operating limits apply to the emission capture and control systems on the coating operation or group of coating operations for which you use emission capture and add-on controls to demonstrate compliance. You must establish the operating limits during the performance test according to the requirements in § 63.4966. You must meet the operating limits at all times after you establish them. (c) If you use an add-on control device other than those listed in Table 1 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). § 63.4893 What work practice standards must I meet? (a) For any coating operation or group of coating operations for which you use the compliant material option or the emission rate without add-on controls option to demonstrate compliance, you are not required to meet any work practice standards. (b) For any coating operation or group of coating operations for which you use the emission rate with add-on controls option to demonstrate compliance, you must develop and implement a work practice plan to minimize organic HAP emissions from the storage, mixing, and conveying of coatings, thinners, and cleaning materials used in, and waste materials generated by, the coating operation or group of coating operations for which you use this option; or you must meet an alternative standard as provided in paragraph (c) of this section. The plan must specify practices and procedures to ensure that, at a minimum, the elements specified in paragraphs (b)(1) through (5) of this section are implemented. (1) All organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be stored in closed containers. You must ensure that these containers are kept closed at all times except when depositing or removing these materials from the container. (2) Spills of organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be minimized. (3) Organic-HAP-containing coatings, thinners, cleaning materials, and waste materials must be conveyed from one location to another in closed containers or pipes. (4) Mixing vessels which contain organic-HAP-containing coatings and other materials must be closed except when adding to, removing, or mixing the contents. (5) Emissions of organic HAP must be minimized during cleaning of storage, mixing, and conveying equipment. (c) As provided in § 63.6(g), the Administrator may choose to grant you permission to use an alternative to the work practice standards in this section. General Compliance Requirements § 63.4900 What are my general requirements for complying with this subpart? (a) The affected source must be in compliance at all times with the applicable emission limitations specified in §§ 63.4890, 63.4892, and 63.4893. (b) Before September 12, 2019, you must always operate and maintain your affected source, including all air pollution control and monitoring equipment you use for purposes of complying with this subpart, according to the provisions in § 63.6(e)(1)(i). On and after September 12, 2019, at all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Before September 12, 2019, if your affected source uses an emission capture system and add-on control device to comply with the emission limitations in § 63.4890, you must develop a written startup, shutdown, and malfunction plan (SSMP) according to the provisions in § 63.6(e)(3). The SSMP must address the startup, shutdown, and corrective actions in the event of a malfunction of the emission capture system or the add-on control device. The SSMP must also address any coating operation equipment that may cause increased emissions or that would affect capture efficiency if the process equipment malfunctions, such as conveyors that move parts among enclosures. A startup, shutdown, and malfunction plan is not required on and after September 12, 2019. [84 FR 9635, Mar. 15, 2019] § 63.4901 What parts of the General Provisions apply to me? Table 2 to this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. Notifications, Reports, and Records § 63.4910 What notifications must I submit? (a) General. (b) Initial Notification. (c) Notification of Compliance Status. (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the report. Such certifications must also comply with the requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d). (3) Date of the report and beginning and ending dates of the reporting period. The reporting period is the initial compliance period described in § 63.4940, § 63.4950, or § 63.4960 that applies to your affected source. (4) Identification of the compliance option or options specified in § 63.4891 that you used on each coating operation in the affected source during the initial compliance period and that you will use for demonstrating continuous compliance. (5) Statement of whether or not the affected source achieved the emission limitations for the initial compliance period. (6) If you had a deviation, include the information in paragraphs (c)(6)(i) and (ii) of this section. (i) A description and statement of the cause of the deviation. (ii) If you failed to meet the applicable emission limit in § 63.4890, include all the calculations you used to determine compliance. You do not need to submit information provided by material suppliers or manufacturers or test reports. (7) For each of the data items listed in paragraphs (c)(7)(i) through (iv) of this section that is required by the compliance option(s) you used to demonstrate compliance with the emission limit, include an example of how you determined the value, including calculations and supporting data. Supporting data can include a copy of the information provided by the supplier or manufacturer of the example coating or material or a summary of the results of testing conducted according to § 63.4941(a), (b), or (c). You do not need to submit copies of any test reports. (i) Mass fraction of organic HAP for one coating, for one thinner, and for one cleaning material. (ii) Volume fraction of coating solids for one coating. (iii) Density for one coating, one thinner, and one cleaning material, except that if you use the compliant material option, only the example coating density is required. (iv) The amount of waste materials and the mass of organic HAP contained in the waste materials for which you are claiming an allowance in Equation 1 of § 63.4951. (8) The calculation of the organic HAP emission rate for the compliance option(s) you used, as specified in paragraphs (c)(8)(i) through (iii) of this section. (i) For the compliant materials option, provide an example calculation of the organic HAP content for one coating, using Equation 2 of § 63.4941. (ii) For the emission rate without add-on controls option, provide the information specified in paragraphs (c)(8)(ii)(A) through (C) of this section. (A) The calculation of the total mass of organic HAP emissions during the initial compliance period, using Equation 1 of § 63.4951. (B) The calculation of the total volume of coating solids used during the initial compliance period, using Equation 2 of § 63.4951. (C) The calculation of the organic HAP emission rate for the initial compliance period, using Equation 3 of § 63.4951. (iii) For the emission rate with add-on controls option, provide the information specified in paragraphs (c)(8)(iii)(A) through (D) of this section. (A) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during the initial compliance period, using Equation 1 of § 63.4951. (B) The calculation of the total volume of coating solids used during the initial compliance period, using Equation 2 of § 63.4951. (C) The calculation of the mass of organic HAP emission reduction during the initial compliance period by emission capture systems and add-on control devices, using Equation 1 of § 63.4961, and the calculation of the mass of organic HAP emission reduction for the coating operations controlled by solvent recovery systems during each compliance period, using Equation 3 of § 63.4961 as applicable. (D) The calculation of the organic HAP emission rate for the initial compliance period, using Equation 4 of § 63.4961. (9) For the emission rate with add-on controls option, you must include the information specified in paragraphs (c)(9)(i) through (v) of this section. However, the requirements in paragraphs (c)(9)(i) through (iii) of this section do not apply to solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4961(j). (i) For each emission capture system, a summary of the data and copies of the calculations supporting the determination that the emission capture system is a permanent total enclosure (PTE) or a measurement of the emission capture system efficiency. Include a description of the protocol followed for measuring capture efficiency, summaries of any capture efficiency tests conducted, and any calculations supporting the capture efficiency determination. If you use the data quality objective (DQO) or lower confidence limit (LCL) approach, you must also include the statistical calculations to show you meet the DQO or LCL criteria in appendix A to subpart KK of this part. You do not need to submit complete test reports. (ii) A summary of the results of each add-on control device performance test. You do not need to submit complete test reports. (iii) A list of each emission capture system's and add-on control device's operating limits and a summary of the data used to calculate those limits. (iv) A statement of whether or not you developed and implemented the work practice plan required by § 63.4893. (v) Before September 12, 2019, a statement of whether or not you developed and implemented the startup, shutdown, and malfunction plan required by § 63.4900. This statement is not required on and after September 12, 2019. [68 FR 28619, May 23, 2003, as amended at 84 FR 9635, Mar. 15, 2019; 85 FR 73908, Nov. 19, 2020] § 63.4920 What reports must I submit? (a) Semiannual compliance reports. (1) Dates. (i) The first semiannual compliance report must cover the first semiannual reporting period which begins the day after the end of the initial compliance period described in § 63.4940, § 63.4950, or § 63.4960 that applies to your affected source and ends on June 30 or December 31, whichever occurs first following the end of the initial compliance period. (ii) Each subsequent semiannual compliance report must cover the subsequent semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iii) Each semiannual compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (iv) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting 6-month monitoring reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent semiannual compliance reports according to the dates the permitting authority has established for the 40 CFR part 70 or 40 CFR part 71 6-month monitoring reports instead of according to the dates specified in paragraph (a)(1)(iii) of this section. However, under no circumstances shall the semiannual compliance report be submitted more than 30 days after the end of the semiannual reporting period established in paragraphs (a)(1)(i) and (ii) of this section. (2) Inclusion with title V report. (3) General requirements. (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the report. Such certifications must also comply with the requirements of 40 CFR 70.5(d) or 40 CFR 71.5(d). (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. (iv) Identification of the compliance option or options specified in § 63.4891 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning and ending dates you used each option. (v) If you used the emission rate without add-on controls or the emission rate with add-on controls compliance option (§ 63.4891(b) or (c)), the calculation results for each organic HAP emission rate for each compliance period ending in the 6-month reporting period. (4) No deviations. (5) Deviations: Compliant material option. (i) Before September 12, 2019, the information in paragraphs (a)(5)(i)(A) through (D) of this section. (A) Identification of each coating used that deviated from the emission limit, and of each thinner and cleaning material used that contained organic HAP, and the dates and time periods each was used. (B) The calculation of the organic HAP content for each coating identified in paragraph (a)(5)(i) of this section, using Equation 2 of § 63.4941. You do not need to submit background data supporting this calculation, for example, information provided by materials suppliers or manufacturers, or test reports. (C) The determination of mass fraction of organic HAP for each coating, thinner, and cleaning material identified in paragraph (a)(5)(i) of this section. You do not need to submit background data supporting this calculation, for example, information provided by materials suppliers or manufacturers, or test reports. (D) A statement of the cause of each deviation. (ii) On and after September 12, 2019, if there was a deviation from the applicable emission limit in § 63.4890, the semiannual compliance report must contain the information in paragraphs (a)(5)(ii)(A) through (E) of this section. (A) Identification of each coating used that deviated from the emission limit, and of each thinner and cleaning material used that contained organic HAP, and the date, time, and duration each was used. (B) The calculation of the organic HAP content for each coating identified in paragraph (a)(5)(ii)(A) of this section, using Equation 2 of § 63.4941. You do not need to submit background data supporting this calculation, for example, information provided by materials suppliers or manufacturers, or test reports. (C) The determination of mass fraction of organic HAP for each coating, thinner, and cleaning material identified in paragraph (a)(5)(ii)(A) of this section. You do not need to submit background data supporting this calculation, for example, information provided by materials suppliers or manufacturers, or test reports. (D) A statement of the cause of each deviation (including unknown cause, if applicable). (E) The number of deviations and, for each deviation, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4890, and a description of the method used to estimate the emissions. (6) Deviations: Emission rate without add-on controls option. (i) Before September 12, 2019, the information in paragraphs (a)(6)(i)(A) through (E) of this section. (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4890. (B) The calculation of the total mass of organic HAP emissions for each month, using Equations 1 of § 63.4951. (C) The calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4951. (D) The calculation of the organic HAP emission rate for each month, using Equation 3 of § 63.4951. (E) A statement of the cause of each deviation. (ii) On and after September 12, 2019, if there was a deviation from the applicable emission limit in § 63.4890, the semiannual compliance report must contain the information in paragraphs (a)(6)(ii)(A) through (F) of this section. (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4890. (B) The calculation of the total mass of organic HAP emissions for each month, using Equation 1 of § 63.4951. (C) The calculation of the total volume of coating solids used each month, using Equation 2 of § 63.4951. (D) The calculation of the organic HAP emission rate for each month, using Equation 3 of § 63.4951. (E) A statement of the cause of each deviation (including unknown cause, if applicable). (F) The number of deviations, a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4890, and a description of the method used to estimate the emissions. (7) Deviations: Emission rate with add-on controls option. (i) Before September 12, 2019, the information in paragraphs (a)(7)(i)(A) through (Q) of this section. This includes periods of startup, shutdown, and malfunction during which deviations occurred. You do not need to submit background data supporting these calculations, for example, information provided by materials suppliers or manufacturers, or test reports. (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4890. (B) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during each month, using Equation 1 of § 63.4951 and, if applicable, the calculation used to determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste treatment, storage, and disposal facility (TSDF) for treatment or disposal during each compliance period, according to § 63.4951(e)(4). (C) The calculation of the total volume of coating solids used, using Equation 2 of § 63.4951. (D) The calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equation 1 of § 63.4961, and Equation 3 of § 63.4961 for the calculation of the mass of organic HAP emission reduction for the coating operation controlled by solvent recovery systems each compliance period, as applicable. (E) The calculation of the organic HAP emission rate for each compliance period, using Equation 4 of § 63.4961. (F) The date and time that each malfunction started and stopped. (G) A brief description of the CPMS. (H) The date of the latest CPMS certification or audit. (I) The date and time that each CPMS was inoperative, except for zero (low-level) and high-level checks. (J) The date, time, and duration that each CPMS was out-of-control, including the information in § 63.8(c)(8). (K) The date and time period of each deviation from an operating limit in Table 1 to this subpart; date and time period of any bypass of the add-on control device; and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (L) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total affected source operating time during that semiannual reporting period. (M) A breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (N) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total affected source operating time during that semiannual reporting period. (O) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (P) For each deviation from the work practice standards, a description of the deviation; the date and time period of the deviation; and the actions you took to correct the deviation. (Q) A statement of the cause of each deviation. (ii) On and after September 12, 2019, the information in paragraphs (a)(7)(ii)(A) through (O), (Q), and (R) of this section if there was a deviation from the applicable emission limit in § 63.4890 or the applicable operating limit(s) in Table 1 to this subpart (including any periods when emissions bypassed the add-on control device and were diverted to the atmosphere) and the information in paragraph (a)(7)(ii)(P) of this section if there was a deviation from the work practice standards in § 63.4893(b). (A) The beginning and ending dates of each compliance period during which the organic HAP emission rate exceeded the applicable emission limit in § 63.4890. (B) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during each month, using Equation 1 of § 63.4951 and, if applicable, the calculation used to determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste treatment, storage, and disposal facility (TSDF) for treatment or disposal during each compliance period, according to § 63.4951(e)(4). (C) The calculation of the total volume of coating solids used, using Equation 2 of § 63.4951. (D) The calculation of the mass of organic HAP emission reduction each month by emission capture systems and add-on control devices, using Equation 1 of § 63.4961, and Equation 3 of § 63.4961 for the calculation of the mass of organic HAP emission reduction for the coating operation controlled by solvent recovery systems each compliance period, as applicable. (E) The calculation of the organic HAP emission rate for each compliance period, using Equation 4 of § 63.4961. (F) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (G) A brief description of the CPMS. (H) The date of the latest CPMS certification or audit. (I) For each instance that the CPMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CPMS was inoperative; the cause (including unknown cause) for the CPMS being inoperative, and descriptions of corrective actions taken. (J) For each instance that the CPMS was out-of-control, as specified in § 63.8(c)(7), the date, time, and duration that the CPMS was out-of-control; the cause (including unknown cause) for the CPMS being out-of-control; and descriptions of corrective actions taken. (K) The date, time, and duration of each deviation from an operating limit in Table 1 to this subpart; and the date, time, and duration of any bypass of the add-on control device. (L) A summary of the total duration of each deviation from an operating limit in Table 1 to this subpart and each bypass of the add-on control device during the semiannual reporting period and the total duration as a percent of the total affected source operating time during that semiannual reporting period. (M) A breakdown of the total duration of the deviations from the operating limits in Table 1 to this subpart and bypasses of the add-on control device during the semiannual reporting period into those that were due to control equipment problems, process problems, other known causes, and other unknown causes. (N) A summary of the total duration of CPMS downtime during the semiannual reporting period and the total duration of CPMS downtime as a percent of the total affected source operating time during that semiannual reporting period. (O) A description of any changes in the CPMS, coating operation, emission capture system, or add-on control device since the last semiannual reporting period. (P) For deviations from the work practice standards in § 63.4893(b), the number of deviations, and, for each deviation: A description of the deviation; the date, time, and duration of the deviation; and the actions taken to minimize emissions in accordance with § 63.4900(b). The description of the deviation must include a list of the affected sources or equipment for which a deviation occurred and the cause of the deviation (including unknown cause, if applicable). (Q) For deviations from an emission limit in § 63.4890 or operating limit in Table 1 to this subpart, a statement of the cause of each deviation (including unknown cause, if applicable). (R) For each deviation from an emission limit in § 63.4890 or operating limit in Table 1 to this subpart, a list of the affected sources or equipment for which a deviation occurred, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.4890, and a description of the method used to estimate the emissions. (b) Performance test reports. (c) Before September 12, 2019, if you used the emission rate with add-on controls option and you had a startup, shutdown, or malfunction during the semiannual reporting period, you must submit the reports specified in paragraphs (c)(1) and (2) of this section. The reports specified in paragraphs (c)(1) and (2) of this section are not required on and after September 12, 2019. (1) If your actions were consistent with your SSMP, you must include the information specified in § 63.10(d)(5) in the semiannual compliance report required by paragraph (a) of this section. (2) If your actions were not consistent with your SSMP, you must submit an immediate startup, shutdown, and malfunction report as described in paragraphs (c)(2)(i) and (ii) of this section. (i) You must describe the actions taken during the event in a report delivered by facsimile, telephone, or other means to the Administrator within 2 working days after starting actions that are inconsistent with the plan. (ii) You must submit a letter to the Administrator within 7 working days after the end of the event, unless you have made alternative arrangements with the Administrator as specified in § 63.10(d)(5)(ii). The letter must contain the information specified in § 63.10(d)(5)(ii). [68 FR 28619, May 23, 2003, as amended at 84 FR 9636, Mar. 15, 2019] § 63.4921 What are my electronic reporting requirements? (a) Beginning no later than June 13, 2019, you must submit the results of the performance test required § 63.4920(b) following the procedure specified in paragraphs (a)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website147 ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13, unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (a)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (b) Beginning on March 15, 2021, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in § 63.9(h) and § 63.4910(c) to the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov (c) Beginning on March 15, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in § 63.4920 to the EPA via CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (d) If you are required to electronically submit a report through CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (e) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., [84 FR 9638, Mar. 15, 2019] § 63.4930 What records must I keep? You must collect and keep records of the data and information specified in this section. Failure to collect and keep these records is a deviation from the applicable standard. (a) A copy of each notification and report that you submitted to comply with this subpart, and the documentation supporting each notification and report. (b) A current copy of information provided by materials suppliers or manufacturers. This would include records pertaining to the design and manufacturer's specifications for the life of the add-on control equipment. It would also include information such as manufacturer's formulation data for the materials used, or test data used to determine the mass fraction of organic HAP and density for each coating, thinner, and cleaning material and the volume fraction of coating solids for each coating. If you conducted testing to determine mass fraction of organic HAP, density, or volume fraction of coating solids, you must keep a copy of the complete test report. If you use information provided to you by the manufacturer or supplier of the material that was based on testing, you must keep the summary sheet of results provided to you by the manufacturer or supplier. You are not required to obtain the test report or other supporting documentation from the manufacturer or supplier. (c) For each compliance period, the records specified in paragraphs (c)(1) through (4) of this section. (1) A record of the coating operations at which you used each compliance option and the time periods (beginning and ending dates and times) you used each option. (2) For the compliant material option, a record of the calculation of the organic HAP content for each coating, using Equation 2 of § 63.4941. (3) For the emission rate without add-on controls option, a record of the calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during each compliance period, using Equation 1 of § 63.4951 and, if applicable, the calculation used to determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period, according to § 63.4951(e)(4); the calculation of the total volume of coating solids used during each compliance period, using Equation 2 of § 63.4951; and the calculation of the organic HAP emission rate for each compliance period, using Equation 3 of § 63.4951. (4) For the emission rate with add-on controls option, records of the calculations specified in paragraphs (c)(4)(i) through (iv) of this section. (i) The calculation of the total mass of organic HAP emissions for the coatings, thinners, and cleaning materials used during each compliance period, using Equation 1 of § 63.4951 and, if applicable, the calculation used to determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period, according to § 63.4951(e)(4); (ii) The calculation of the total volume of coating solids used during each compliance period, using Equation 2 of § 63.4951; (iii) The calculation of the mass of organic HAP emission reduction by emission capture systems and add-on control devices, using Equation 1 of § 63.4961, and the calculation of the mass of organic HAP emission reduction for the coating operation controlled by a solvent recovery system during the compliance period, using Equation 3 of § 63.4961, as applicable; (iv) The calculation of the organic HAP emission rate for each compliance period, using Equation 4 of § 63.4961. (d) A record of the name and volume of each coating, thinner, and cleaning material used during each compliance period. (e) A record of the mass fraction of organic HAP for each coating, thinner, and cleaning material used during each compliance period. (f) A record of the volume fraction of coating solids for each coating used during each compliance period. (g) If a determination of density is required by the compliance option(s) you used to demonstrate compliance with the emission limit, a record of the density for each coating used during each compliance period; and, if you use either the emission rate without add-on controls or the emission rate with add-on controls compliance option, the density for each thinner and cleaning material used during each compliance period. (h) If you use an allowance in Equation 1 of § 63.4951 for organic HAP contained in waste materials sent to or designated for shipment to a TSDF according to § 63.4951(e)(4), you must keep records of the information specified in paragraphs (h)(1) through (3) of this section. (1) The name and address of each TSDF to which you sent waste materials for which you use an allowance in Equation 1 of § 63.4951, a statement of which subparts under 40 CFR parts 262, 264, 265, and 266 apply to the facility, and the date of each shipment. (2) Identification of the coating operations producing waste materials included in each shipment and the month or months in which you used the allowance for these materials in Equation 1 of § 63.4951. (3) The methodology used in accordance with § 63.4951(e)(4) to determine the total amount of waste materials sent to or the amount collected, stored, and designated for transport to a TSDF each month; and the methodology to determine the mass of organic HAP contained in these waste materials. This must include the sources for all data used in the determination, methods used to generate the data, frequency of testing or monitoring, and supporting calculations and documentation, including the waste manifest for each shipment. (i) [Reserved] (j) Before September 12, 2019, you must keep records of the date, time, and duration of each deviation. On and after September 12, 2019, for each deviation from an emission limitation reported under § 63.4920(a)(5) through (7), you must keep a record of the information specified in paragraphs (j)(1) through (4) of this section, as applicable. (1) The date, time, and duration of the deviation, as reported under § 63.4920(a)(5) through (7). (2) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.4920(a)(5) through (7). (3) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.4890 or any applicable operating limit(s) in Table 1 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.4920(a)(5) through (7). (4) A record of actions taken to minimize emissions in accordance with § 63.4900(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (k) If you use the emission rate with add-on controls option, you must also keep the records specified in paragraphs (k)(1) through (8) of this section. (1) Before September 12, 2019, for each deviation, a record of whether the deviation occurred during a period of startup, shutdown, or malfunction. The record in this paragraph (k)(1) is not required on and after September 12, 2019. (2) Before September 12, 2019, the records in § 63.6(e)(3)(iii) through (v) related to startup, shutdown, and malfunction. The records in this paragraph (k)(2) are not required on and after September 12, 2019. (3) The records required to show continuous compliance with each operating limit specified in Table 1 to this subpart that applies to you. (4) For each capture system that is a PTE, the data and documentation you used to support a determination that the capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and has a capture efficiency of 100 percent, as specified in § 63.4964(a). (5) For each capture system that is not a PTE, the data and documentation you used to determine capture efficiency according to the requirements specified in §§ 63.4963 and 63.4964(b) through (e), including the records specified in paragraphs (k)(5)(i) through (iii) of this section that apply to you. (i) Records for a liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (ii) Records for a gas-to-gas protocol using a temporary total enclosure or a building enclosure. (iii) Records for an alternative protocol. (6) The records specified in paragraphs (k)(6)(i) and (ii) of this section for each add-on control device organic HAP destruction or removal efficiency determination as specified in § 63.4965. (i) Records of each add-on control device performance test conducted according to §§ 63.4963 and 63.4965. (ii) Records of the coating operation conditions during the add-on control device performance test showing that the performance test was conducted under representative operating conditions. (7) Records of the data and calculations you used to establish the emission capture and add-on control device operating limits as specified in § 63.4966 and to document compliance with the operating limits as specified in Table 1 to this subpart. (8) A record of the work practice plan required by § 63.4893 and documentation that you are implementing the plan on a continuous basis. [68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019] § 63.4931 In what form and for how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). Where appropriate, the records may be maintained as electronic spreadsheets or as a database. Any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record on-site for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You may keep these records off-site for the remaining 3 years. You must keep records on-site pertaining to the design and manufacturer's specifications for operation of add-on control equipment for the life of the equipment. [68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019] Compliance Requirements for the Compliant Material Option § 63.4940 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements in § 63.4941. The initial compliance period begins on the applicable compliance date specified in § 63.4883 and ends on the last day of the first full month following the compliance date. The initial compliance demonstration includes the calculations according to § 63.4941 and supporting documentation showing that, during the initial compliance period, you used no coating with an organic HAP content that exceeded the applicable emission limit in § 63.4890, and you used no thinners or cleaning materials that contained organic HAP. § 63.4941 How do I demonstrate initial compliance with the emission limitations? You may use the compliant material option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source to demonstrate compliance with an organic HAP emission limit. You must use either the emission rate without add-on controls option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the compliant material option, during the compliance period the coating operation or group of coating operations must use no coating with an organic HAP content that exceeds the applicable emission limit in § 63.4890 and must use no thinner or cleaning material that contains organic HAP as determined according to this section. Any coating operation for which you use the compliant material option is not required to comply with the operating limits or work practice standards required in §§ 63.4892 and 63.4893, respectively. To demonstrate initial compliance with the emission limitations using the compliant material option, you must meet all the requirements of this section for the coating operation or group of coating operations using this option. Use the procedures in this section for each coating, thinner, and cleaning material in the condition it is in when it is received from its manufacturer or supplier and prior to any alteration. You do not need to redetermine the organic HAP content of cleaning materials that are reclaimed and reused onsite provided these materials in their condition as received were demonstrated to comply with the compliant material option. (a) Determine the mass fraction of organic HAP for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Count each organic HAP in Table 5 to this subpart that is measured to be present at 0.1 percent by mass or more and at 1.0 percent by mass or more for other organic HAP compounds. For example, if toluene (not listed in Table 5 to this subpart) is measured to be 0.5 percent of the material by mass, you do not have to count it. Express the mass fraction of each organic HAP you count as a value truncated to four places after the decimal point (for example, 0.3791). (ii) Calculate the total mass fraction of organic HAP in the test material by adding up the individual organic HAP mass fractions and truncating the result to three places after the decimal point (for example, 0.763). (2) Method 24 in appendix A-7 of part 60. see (3) Alternative method. (4) Information from the supplier or manufacturer of the material. (5) Solvent blends. (b) Determine the volume fraction of coating solids for each coating. (1) Test results. see (2) Information from the supplier or manufacturer of the material. (3) Calculation of volume fraction of coating solids. Where: V s M volatiles see D avg see (c) Determine the density of each coating. see (d) Calculate the organic HAP content of each coating. Where: H c D c W c V s (e) Compliance demonstration. [68 FR 28619, May 23, 2003, as amended at 84 FR 9639, Mar. 15, 2019] § 63.4942 How do I demonstrate continuous compliance with the emission limitations? (a) Following the initial compliance period, you must complete a compliance demonstration according to the requirements in § 63.4941(e) for each subsequent compliance period. Each month following the initial compliance period described in § 63.4940 is a compliance period. (b) If you choose to comply with the emission limitations by using the compliant material option, the use of any coating, thinner, or cleaning material that does not meet the criteria specified in paragraph (a) of this section is a deviation from the emission limitations that must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(5). (c) As part of each semiannual compliance report required by § 63.4920, you must identify the coating operation or group of coating operations for which you used the compliant material option. If there were no deviations from the emission limits in § 63.4890, submit an affirmative statement that the coating operation or group of coating operations was in compliance with the emission limitations during the reporting period because you used no coating for which the organic HAP content exceeded the applicable emission limit in § 63.4890, and you used no thinner or cleaning material that contained organic HAP. (d) You must maintain records as specified in §§ 63.4930 and 63.4931. Compliance Requirements for the Emission Rate Without Add-On Controls Option § 63.4950 By what date must I conduct the initial compliance demonstration? You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4951. The initial compliance period begins on the applicable compliance date specified in § 63.4883 and ends on the last day of the first full month following the compliance date. The initial compliance demonstration includes the calculations showing that the organic HAP emission rate for the initial compliance period was equal to or less than the applicable emission limit in § 63.4890. § 63.4951 How do I demonstrate initial compliance with the emission limitations? You may use the emission rate without add-on controls option for any individual coating operation, for any group of coating operations in the affected source, or for all the coating operations in the affected source to demonstrate compliance with an organic HAP emission limit. You must use either the compliant material option or the emission rate with add-on controls option for any coating operation in the affected source for which you do not use this option. To demonstrate initial compliance using the emission rate without add-on controls option, the coating operation or group of coating operations must comply with the applicable emission limit in § 63.4890, but is not required to meet the operating limits or work practice standards in §§ 63.4892 and 63.4893, respectively. You must meet all the requirements of this section to demonstrate initial compliance with the applicable emission limit in § 63.4890 for the coating operation or group of coating operations. When calculating the organic HAP emission rate according to this section, do not include any coatings, thinners, or cleaning materials used on coating operations for which you use the compliant material option or the emission rate with add-on controls option. You do not need to include organic HAP in coatings, thinners, or cleaning materials that have been reclaimed onsite and reused in the coating operation for which you use the emission rate without add-on controls option. (a) Determine the mass fraction of organic HAP for each material. (b) Determine the volume fraction of coating solids for each coating. (c) Determine the density of each material. (d) Determine the volume of each material used. (e) Calculate the mass of organic HAP emissions. Where: H e A = Total mass of organic HAP in the coatings used during the compliance period, kg, as calculated in Equation 1A of this section. B = Total mass of organic HAP in the thinners used during the compliance period, kg, as calculated in Equation 1B of this section. C = Total mass of organic HAP in the cleaning materials used during the compliance period, kg, as calculated in Equation 1C of this section. R w w w (1) Calculate the mass of organic HAP in the coatings used during the compliance period, using Equation 1A of this section: Where: A = Total mass of organic HAP in the coatings used during the compliance period, kg. Vol c,i D c,i W c,i m = Number of different coatings used during the compliance period. (2) Calculate the mass of organic HAP in the thinners used during the compliance period, using Equation 1B of this section: Where: B = Total mass of organic HAP in the thinners used during the compliance period, kg. Vol t,j D t,j W t,j n = Number of different thinners used during the compliance period. (3) Calculate the mass of organic HAP in the cleaning materials used during the compliance period using Equation 1C of this section: Where: C = Total mass of organic HAP in the cleaning materials used during the compliance period, kg. Vol s,k D s,k W s,k p = Number of different cleaning materials used during the compliance period. (4) If you choose to account for the mass of organic HAP contained in waste materials sent or designated for shipment to a hazardous waste TSDF in the calculation of the total mass of organic HAP emissions during the compliance period in Equation 1 of this section, then you must determine the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period, according to paragraphs (e)(4)(i) through (iv) of this section. (i) You may include in the determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period only waste materials that are generated by coating operations for which you use Equation 1 of this section and that will be treated or disposed of by a facility regulated as a TSDF under 40 CFR part 262, 264, 265, or 266. The TSDF may be either off-site or on-site. You may not include in the determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period only waste materials that are generated by coating operations the organic HAP contained in wastewater, nor the organic HAP contained in any waste material reused during the same compliance period. (ii) You must determine either the amount of the waste materials sent to a TSDF during the compliance period or the amount collected and stored during the compliance period and designated for future transport to a TSDF. Do not include in your determination of the total mass of organic HAP in waste materials sent or designated for shipment to a hazardous waste TSDF for treatment or disposal during each compliance period only waste materials that are generated by coating operations any waste materials sent to a TSDF during a compliance period if you have already included them in the amount collected and stored during that or a previous compliance period. (iii) Determine the total mass of organic HAP contained in the waste materials specified in paragraph (e)(4)(ii) of this section. (iv) You must document your methodology to determine the amount of waste materials and the total mass of organic HAP they contain, as required in § 63.4930(h). To the extent that waste manifests include this information, they may be used as part of the documentation of the amount of waste materials and mass of organic HAP contained in them. (f) Calculate the total volume of coating solids used. Where: V st Vol c,i V s,i m = Number of coatings used during the compliance period. (g) Calculate the organic HAP emission rate. Where: H avg H e V st (h) Compliance demonstration. [68 FR 28619, May 23, 2003, as amended at 84 FR 9640, Mar. 15, 2019] § 63.4952 How do I demonstrate continuous compliance with the emission limitations? (a) Following the initial compliance period, you must complete a compliance demonstration according to the requirements in § 63.4951(h) for each subsequent compliance period. Each month following the initial compliance period described in § 63.4950 is a compliance period. (b) If the organic HAP emission rate for any compliance period exceeded the applicable emission limit in § 63.4890, this is a deviation from the emission limitations for that compliance period and must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(6). (c) As part of each semiannual compliance report required by § 63.4920, you must identify the coating operation or group of coating operations for which you used the emission rate without add-on controls option. If there were no deviations from the emission limitations, you must submit an affirmative statement that the coating operation or group of coating operations was in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4890. (d) You must maintain records as specified in §§ 63.4930 and 63.4931. Compliance Requirements for the Emission Rate With Add-On Controls Option § 63.4960 By what date must I conduct initial performance tests and other initial compliance demonstrations? (a) New and reconstructed affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4883. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4961(j), you must conduct a performance test of each capture system and add-on control device according to §§ 63.4963, 63.4964, and 63.4965, and establish the operating limits required by § 63.4892, no later than 180 days after the applicable compliance date specified in § 63.4883. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4961(j), you must initiate the first material balance no later than 180 days after the applicable compliance date specified in § 63.4883. (2) You must develop and begin implementing the work practice plan required by § 63.4893 no later than the compliance date specified in § 63.4883. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4961. The initial compliance period begins on the applicable compliance date specified in § 63.4883 and ends on the last day of the first full month following the compliance date. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4963, 63.4964, and 63.4965; results of liquid-liquid material balances conducted according to § 63.4961(j); calculations showing whether the organic HAP emission rate for the initial compliance period was equal to or less than the emission limit in § 63.4890; the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4967; and documentation of whether you developed and implemented the work practice plan required by § 63.4893. (4) You do not need to comply with the operating limits for the emission capture system and add-on control device required by § 63.4892 until after you have completed the performance tests specified in paragraph (a)(1) of this section. Instead, you must maintain a log detailing the operation and maintenance of the emission capture system, add-on control device, and continuous parameter monitors during the period between the compliance date and the performance test. You must begin complying with the operating limits for your affected source on the date you complete the performance tests specified in paragraph (a)(1) of this section. The requirements in this paragraph (a)(4) do not apply to solvent recovery systems for which you conduct liquid-liquid material balances. (b) Existing affected sources. (1) All emission capture systems, add-on control devices, and CPMS must be installed and operating no later than the applicable compliance date specified in § 63.4883. Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4961(j), you must conduct a performance test of each capture system and add-on control device according to the procedures in §§ 63.4963, 63.4964, and 63.4965, and establish the operating limits required by § 63.4892, no later than the compliance date specified in § 63.4883. For a solvent recovery system for which you conduct liquid-liquid material balances according to § 63.4961(j), you must initiate the first material balance no later than the compliance date specified in § 63.4883. (2) You must develop and begin implementing the work practice plan required by § 63.4893 no later than the compliance date specified in § 63.4883. (3) You must complete the initial compliance demonstration for the initial compliance period according to the requirements of § 63.4961. The initial compliance period begins on the applicable compliance date specified in § 63.4883 and ends on the last day of the first full month following the compliance date. The initial compliance demonstration includes the results of emission capture system and add-on control device performance tests conducted according to §§ 63.4963, 63.4964, and 63.4965; results of liquid-liquid material balances conducted according to § 63.4961(j); calculations showing whether the organic HAP emission rate for the initial compliance period was equal to or less than the emission limit in § 63.4890(c); the operating limits established during the performance tests and the results of the continuous parameter monitoring required by § 63.4967; and documentation of whether you developed and implemented the work practice plan required by § 63.4893. § 63.4961 How do I demonstrate initial compliance? (a) When add-on controls are used. (b) Compliance with operating limits. (c) Compliance with work practice requirements. (d) Compliance with emission limits. (e) Determine the mass fraction of organic HAP, density, volume used, and volume fraction of coating solids. (f) Calculate the total mass of organic HAP emissions before add-on controls. (g) Calculate the organic HAP emission reduction for each controlled coating operation. (h) Calculate the organic HAP emission reduction for controlled coating operations not using liquid-liquid material balance. Where: H R A I B I C I R w w w CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. Use the test methods and procedures specified in §§ 63.4963 and 63.4964 to measure and record capture efficiency. DRE = Organic HAP destruction or removal efficiency of the add-on control device, percent. Use the test methods and procedures in §§ 63.4963 and 63.4965 to measure and record the organic HAP destruction or removal efficiency. H unc (1) Calculate the mass of organic HAP in the coatings used in the controlled coating operation, using Equation 1A of this section. Do not include in the calculation the coatings used during any deviation specified in § 63.4962(c) or (d) that occurred during the month. Include such coatings in the calculation of the total mass of organic HAP in the coatings, thinners, and cleaning materials used during all deviations that occurred during the compliance period in the controlled coating operation in Equation 1D of this section. Where: A I Vol c,i D c,i W c,i m = Number of different coatings used. (2) Calculate the mass of organic HAP in the thinners used in the controlled coating operation, using Equation 1B of this section. Do not include in the calculation the thinners used during any deviation specified in § 63.4962(c) or (d) that occurred during the month. Include such coatings in the calculation of the total mass of organic HAP in the coatings, thinners, and cleaning materials used during all deviations that occurred during the compliance period in the controlled coating operation in Equation 1D of this section. Where: B I Vol t,j D t,j W t,j n = Number of different thinners used. (3) Calculate the mass of organic HAP in the cleaning materials used in the controlled coating operation, using Equation 1C of this section. Do not include in the calculation the cleaning materials used during any deviation specified in § 63.4962(c) or (d) that occurred during the compliance period. Include such cleaning materials in the calculation of the total mass of organic HAP in the coatings, thinners, and cleaning materials used during all deviations that occurred during the compliance period in the controlled coating operation in Equation 1D of this section. Where: C I Vol s,k D s,k W s,k p = Number of different cleaning materials used. (4) Calculate the mass of organic HAP in the coatings, thinners, and cleaning materials used in the controlled coating operation during deviations specified in § 63.4962(c) and (d), using Equation 1D of this section: Where: H unc Vol h D h W h q = Number of different coatings, thinning solvents, or cleaning materials. (i) [Reserved] (j) Calculate the organic HAP emission reduction for controlled coating operations using liquid-liquid material balance. (1) For each solvent recovery system, you must install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile organic matter recovered by the solvent recovery system each compliance period. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent of the mass of volatile organic matter recovered. (2) For each solvent recovery system, determine the mass of volatile organic matter recovered for the compliance period, based on measurement with the device required in paragraph (j)(1) of this section. (3) Determine the mass fraction of volatile organic matter for each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the compliance period. You may determine the volatile organic matter mass fraction using Method 24 in appendix A-7 of part 60, ASTM D2369-10 (R2015), “Test Method for Volatile Content of Coatings” (incorporated by reference, see (4) Determine the density of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the compliance period according to § 63.4951(c). (5) Measure the volume of each coating, thinner, and cleaning material used in the coating operation controlled by the solvent recovery system during the compliance period. (6) For each compliance period, calculate the solvent recovery system's volatile organic matter collection and recovery efficiency, using Equation 2 of this section: Where: R V M VR Vol i D i WV c,i Vol j D j WV t,j Vol k D k WV s,k m = Number of different coatings used in the coating operation controlled by the solvent recovery system during the compliance period. n = Number of different thinners used in the coating operation controlled by the solvent recovery system during the compliance period. p = Number of different cleaning materials used in the coating operation controlled by the solvent recovery system during the compliance period. (7) Calculate the mass of organic HAP emission reduction for the coating operation controlled by the solvent recovery system during the compliance period, using Equation 3 of this section: Where: H CSR A CSR B CSR C CSR R V (i) Calculate the mass of organic HAP in the coatings used in the coating operation controlled by the solvent recovery system, kg, using Equation 3A of this section. Where: A CSR Vol c,i D c,i W c,i m = Number of different coatings used. (ii) Calculate the mass of organic HAP in the thinners used in the coating operation controlled by the solvent recovery system, using Equation 3B of this section: Where: B CSR Vol t,j D t,j W t,j n = Number of different thinners used. (iii) Calculate the mass of organic HAP in the cleaning materials used in the coating operation controlled by the solvent recovery system during the month, using Equation 3C of this section: Where: C CSR Vol s,k D s,k W s,k p = Number of different cleaning materials used. (k) Calculate the total volume of coating solids used. (l) Calculate the organic HAP emissions rate. Where: H hap H e H R,i H CSR,j V st q = Number of controlled coating operations except those controlled with a solvent recovery system. r = Number of coating operations controlled with a solvent recovery system. (m) Compliance demonstration. [68 FR 28619, May 23, 2003, as amended at 84 FR 9640, Mar. 15, 2019] § 63.4962 How do I conduct periodic performance tests and demonstrate continuous compliance with the emission limitations? (a) Following the initial compliance period, you must complete a compliance demonstration according to the requirements in § 63.4961(m) for each subsequent compliance period. Each month following the initial compliance period described in § 63.4960 is a compliance period. (b) If the organic HAP emission rate for any compliance period exceeded the applicable emission limit in § 63.4890, this is a deviation from the emission limitation for that compliance period and must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(7). (c) You must demonstrate continuous compliance with each operating limit required by § 63.4892 that applies to you, as specified in Table 1 to this subpart, and you must conduct periodic performance tests as specified in paragraph (c)(3) of this section. (1) If an operating parameter is out of the allowed range specified in Table 1 to this subpart, this is a deviation from the operating limit that must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(7). (2) If an operating parameter deviates from the operating limit specified in Table 1 to this subpart, then you must assume that the emission capture system and add-on control device were achieving zero efficiency during the time period of the deviation. For the purposes of completing the compliance calculations specified in § 63.4961, you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation, as indicated in Equation 1 of § 63.4961. (3) Except for solvent recovery systems for which you conduct liquid-liquid material balances according to § 63.4961(j), within 5 years following the previous performance test, you must conduct according to the procedures in §§ 63.4963, 63.4964, and 63.4965 a periodic performance test of each capture system and add-on control device used, and you must establish the operating limits required by § 63.4892. You must conduct the first periodic performance test and establish the operating limits required by § 63.4892 before March 15, 2022, unless you are already required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71 and have conducted a performance test on or after March 15, 2017. Thereafter you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. (d) You must meet the requirements for bypass lines in § 63.4967(b) for controlled coating operations for which you do not conduct liquid-liquid material balances. If any bypass line is opened and emissions are diverted to the atmosphere when the coating operation is running, this is a deviation that must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(7). For the purposes of completing the compliance calculations in § 63.4961, you must treat the materials used during a deviation on a controlled coating operation as if they were used on an uncontrolled coating operation for the time period of the deviation, as indicated in Equation 1 of § 63.4961. (e) You must demonstrate continuous compliance with the work practice standards in § 63.4893. If you did not develop a work practice plan, or you did not implement the plan, or you did not keep the records required by § 63.4930(k)(8), this is a deviation from the work practice standards that must be reported as specified in §§ 63.4910(c)(6) and 63.4920(a)(7). (f) As part of each semiannual compliance report required in § 63.4920, you must identify the coating operation or group of coating operations for which you used the emission rate with add-on controls option. If there were no deviations from the emission limitations, submit an affirmative statement that you were in compliance with the emission limitations during the reporting period because the organic HAP emission rate for each compliance period was less than or equal to the applicable emission limit in § 63.4890, and you achieved the operating limits required by § 63.4892 and the work practice standards required by § 63.4893 during each compliance period. (g)-(h) [Reserved] (i) You must maintain records as specified in §§ 63.4930 and 63.4931. [68 FR 28619, May 23, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 84 FR 9641, Mar. 15, 2019] § 63.4963 What are the general requirements for performance tests? (a) You must conduct each performance test required by §§ 63.4960 and 63.4962 according to the requirements in this section unless you obtain a waiver of the performance test according to the provisions in § 63.7(h). (1) Representative coating operation operating conditions. (2) Representative emission capture system and add-on control device operating conditions. (b) You must conduct each performance test of an emission capture system according to the requirements in § 63.4964. You must conduct each performance test of an add-on control device according to the requirements in § 63.4965. (c) The performance test to determine add-on control device organic HAP destruction or removal efficiency must consist of three runs as specified in § 63.7(e)(3) and each run must last at least 1 hour. [68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019] § 63.4964 How do I determine the emission capture system efficiency? You must use the procedures and test methods in this section to determine capture efficiency as part of the performance test required by § 63.4960. (a) Assuming 100 percent capture efficiency. (1) The capture system meets the criteria in Method 204 of appendix M to 40 CFR part 51 for a PTE and directs all the exhaust gases from the enclosure to an add-on control device. (2) All coatings, thinners, and cleaning materials used in the coating operation are applied within the capture system; coating solvent flash-off and coating, curing, and drying occurs within the capture system; and the removal of or evaporation of cleaning materials from the surfaces they are applied to occurs within the capture system. For example, this criterion is not met if parts enter the open shop environment when being moved between a spray booth and a curing oven. (b) Measuring capture efficiency. (c) Liquid-to-uncaptured-gas protocol using a temporary total enclosure or building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions for routing to an add-on control device, such as the entrance and exit areas of an oven or spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204A or 204F of appendix M to 40 CFR part 51 to determine the mass fraction, kg TVH per kg material, of TVH liquid input from each coating, thinner, and cleaning material used in the coating operation during each capture efficiency test run. To make the determination, substitute TVH for each occurrence of the term VOC in the methods. (3) Use Equation 1 of this section to calculate the mass of TVH liquid input from all the coatings, thinners, and cleaning materials used in the coating operation during each capture efficiency test run: Where: TVH used TVH i Vol i D i n = Number of different coatings, thinners, and cleaning materials used in the coating operation during the capture efficiency test run. (4) Use Method 204D or E of appendix M to 40 CFR part 51 to measure the total mass of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (5) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system, using Equation 2 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH used TVH uncaptured (6) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (d) Gas-to-gas protocol using a temporary total enclosure or a building enclosure. (1) Either use a building enclosure or construct an enclosure around the coating operation where coatings, thinners, and cleaning materials are applied, and all areas where emissions from these applied coatings and materials subsequently occur, such as flash-off, curing, and drying areas. The areas of the coating operation where capture devices collect emissions generated by the coating operation for routing to an add-on control device, such as the entrance and exit areas of an oven or a spray booth, must also be inside the enclosure. The enclosure must meet the applicable definition of a temporary total enclosure or building enclosure in Method 204 of appendix M to 40 CFR part 51. (2) Use Method 204B or 204C of appendix M to 40 CFR part 51 to measure the total mass of TVH emissions captured by the emission capture system during each capture efficiency test run as measured at the inlet to the add-on control device. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) The sampling points for the Method 204B or 204C measurement must be upstream from the add-on control device and must represent total emissions routed from the capture system and entering the add-on control device. (ii) If multiple emission streams from the capture system enter the add-on control device without a single common duct, then the emissions entering the add-on control device must be simultaneously measured in each duct and the total emissions entering the add-on control device must be determined. (3) Use Method 204D or 204E of appendix M to 40 CFR part 51 to measure the total mass of TVH emissions that are not captured by the emission capture system; they are measured as they exit the temporary total enclosure or building enclosure during each capture efficiency test run. To make the measurement, substitute TVH for each occurrence of the term VOC in the methods. (i) Use Method 204D if the enclosure is a temporary total enclosure. (ii) Use Method 204E if the enclosure is a building enclosure. During the capture efficiency measurement, all organic compound emitting operations inside the building enclosure, other than the coating operation for which capture efficiency is being determined, must be shut down, but all fans and blowers must be operating normally. (4) For each capture efficiency test run, determine the percent capture efficiency of the emission capture system, using Equation 3 of this section: Where: CE = Capture efficiency of the emission capture system vented to the add-on control device, percent. TVH captured TVH uncaptured (5) Determine the capture efficiency of the emission capture system as the average of the capture efficiencies measured in the three test runs. (e) Alternative capture efficiency protocol. § 63.4965 How do I determine the add-on control device emission destruction or removal efficiency? You must use the procedures and test methods in this section to determine the add-on control device emission destruction or removal efficiency as part of the performance test required by § 63.4960. You must conduct three test runs as specified in § 63.7(e)(3), and each test run must last at least 1 hour. (a) For all types of add-on control devices, use the test methods specified in paragraphs (a)(1) through (5) of this section. (1) Use Method 1 or 1A in appendix A-1 of part 60, as appropriate, to select sampling sites and velocity traverse points. (2) Use Method 2, 2A, 2C, 2D, 2F in appendix A-1, or Method 2G in appendix A-2, of part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 3, 3A, or 3B in appendix A-2 of part 60, as appropriate, for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas in ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]” (incorporated by reference, see (4) Use Method 4 in appendix A-3 of part 60 to determine stack gas moisture. (5) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run. (b) Measure total gaseous organic mass emissions as carbon at the inlet and outlet of the add-on control device simultaneously, using either Method 25 or 25A in appendix A-7 of part 60, as specified in paragraphs (b)(1) through (3) of this section. You must use the same method for both the inlet and outlet measurements. You may use Method 18 in appendix A-6 of part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. (1) Use EPA Method 25 to appendix A-7 to part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be more than 50 parts per million (ppm) at the control device outlet. (2) Use EPA Method 25A to appendix A-7 to part 60 if the add-on control device is an oxidizer and you expect the total gaseous organic concentration as carbon to be 50 ppm or less at the control device outlet. (3) Use EPA Method 25A to appendix A-7 to part 60 if the add-on control device is not an oxidizer. (c) If two or more add-on control devices are used for the same emission stream, then you must measure emissions at the outlet of each device. For example, if one add-on control device is a concentrator with an outlet for the high-volume, dilute stream that has been treated by the concentrator, and a second add-on control device is an oxidizer with an outlet for the low-volume, concentrated stream that is treated with the oxidizer, you must measure emissions at the outlet of the oxidizer and the high volume dilute stream outlet of the concentrator. (d) For each test run, determine the total gaseous organic emissions mass flow rates for the inlet and the outlet of the add-on control device, using Equation 1 of this section. If there is more than one inlet or outlet to the add-on control device, you must calculate the total gaseous organic mass flow rate using Equation 1 of this section for each inlet and each outlet and then total all of the inlet emissions and total all of the outlet emissions. Where: M f Q sd C c 0.0416 = Conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (e) For each test run, determine the add-on control device organic emissions destruction or removal efficiency, using Equation 2 of this section: Where: DRE = Organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (f) Determine the emission destruction or removal efficiency of the add-on control device as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. [68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019; 85 FR 41161, July 8, 2020] § 63.4966 How do I establish the emission capture system and add-on control device operating limits during performance tests? During the performance tests required by §§ 63.4960 and 63.4962, and described in §§ 63.4963, 63.4964, and 63.4965, you must establish the operating limits required by § 63.4892 according to this section, unless you have received approval for alternative monitoring and operating limits under § 63.8(f) as specified in § 63.4892. (a) Thermal oxidizers. (1) During the performance test, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (2) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (b) Catalytic oxidizers. (1) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (3) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (b)(4) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (4) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (b)(3) of this section. The plan must address, at a minimum, the elements specified in paragraphs (b)(4)(i) through (iii) of this section. (i) Annual sampling and analysis of the catalyst activity ( i.e., (ii) Monthly inspection of the oxidizer system, including the burner assembly and fuel supply lines for problems and, as necessary, adjust the equipment to assure proper air-to-fuel mixtures. (iii) Annual internal and monthly external visual inspection of the catalyst bed to check for channeling, abrasion, and settling. If problems are found, you must replace the catalyst bed or take corrective action consistent with the manufacturer's recommendations and conduct a new performance test to determine destruction efficiency according to § 63.4965. (c) Carbon adsorbers. (1) You must monitor and record the total regeneration desorbing gas ( e.g., (2) The operating limits for your carbon adsorber are the minimum total desorbing gas mass flow recorded during the regeneration cycle and the maximum carbon bed temperature recorded after the cooling cycle. (d) Condensers. (1) During the performance test, you must monitor and record the condenser outlet (product side) gas temperature at least once every 15 minutes during each of the three test runs. (2) Use the data collected during the performance test to calculate and record the average condenser outlet (product side) gas temperature maintained during the performance test. This average condenser outlet gas temperature is the maximum operating limit for your condenser. (e) Emission capture system. (1) During the capture efficiency determination required by §§ 63.4960 and 63.4962, and described in §§ 63.4963 and 63.4964, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate capture device in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the capture device and the add-on control device inlet. (2) Calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each capture device. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific capture device. (f) Concentrators. (1) During the performance test, you must monitor and record the desorption concentrate stream gas temperature at least once every 15 minutes during each of the three runs of the performance test. (2) Use the data collected during the performance test to calculate and record the average temperature. This is the minimum operating limit for the desorption concentrate gas stream temperature. (3) During the performance test, you must monitor and record the pressure drop of the dilute stream across the concentrator at least once every 15 minutes during each of the three runs of the performance test. (4) Use the data collected during the performance test to calculate and record the average pressure drop. This is the maximum operating limit for the dilute stream across the concentrator. (g) Bioreactors. [68 FR 28619, May 23, 2003, as amended at 84 FR 9641, Mar. 15, 2019] § 63.4967 What are the requirements for continuous parameter monitoring system installation, operation, and maintenance? (a) General. (1) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four equally spaced successive cycles of CPMS operation in 1 hour. (2) You must determine the average of all recorded readings for each 3-hour period of the emission capture system and add-on control device operation. (3) You must record the results of each inspection, calibration, and validation check of the CPMS. (4) You must maintain the CPMS at all times in accordance with § 63.4900(b) and have readily available necessary parts for routine repairs of the monitoring equipment. (5) Before September 12, 2019, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times that a controlled coating operation is operating, except during monitoring malfunctions, repairs to correct the monitor malfunctions, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). On and after September 12, 2019, you must operate the CPMS and collect emission capture system and add-on control device parameter data at all times in accordance with § 63.4900(b). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, repairs to correct the monitor malfunctions, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the CPMS to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. Any period for which the monitoring system is out-of-control and data are not available for required calculations is a deviation from the monitoring requirements. (b) Capture system bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (b)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.4920. (c) Thermal oxidizers and catalytic oxidizers. (1) For a thermal oxidizer, install a gas temperature monitor in the firebox of the thermal oxidizer or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. (2) For a catalytic oxidizer, install a gas temperature monitor in the gas stream immediately before the catalyst bed, and if you are establishing operating limits according to § 63.4966(b)(1) and (2), also install a gas temperature monitor in the gas stream immediately after the catalyst bed. (3) For each gas temperature monitoring device, you must meet the requirements in paragraphs (a) and (c)(3)(i) through (vi) of this section for each gas temperature monitoring device. For the purposes of this paragraph (c)(3), a thermocouple is part of the temperature sensor. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with an accuracy of at least 5 degrees Fahrenheit or 1.0 percent of the temperature value, whichever is larger. (iii) Perform an initial calibration according to the manufacturer's requirements. (iv) Before using the sensor for the first time or upon relocation or replacement of the sensor, perform a validation check by comparing the sensor output to a calibrated temperature measurement device or by comparing the sensor output to a simulated temperature. (v) Conduct an accuracy audit every quarter and after every 24 hour excursion. Accuracy audit methods include comparisons of sensor output to redundant temperature sensors, to calibrated temperature measurement devices, or to temperature simulation devices. (vi) Conduct a visual inspection of each sensor every quarter if redundant temperature sensors are not used. (d) Carbon adsorbers. e.g., (1) The regeneration desorbing gas mass flow monitor must be an integrating device having a measurement sensitivity of plus or minus 10 percent, capable of recording the total regeneration desorbing gas mass flow for each regeneration cycle. (2) The carbon bed temperature monitor must be capable of recording the temperature within 15 minutes of completing any carbon bed cooling cycle. (3) For all carbon adsorbers, you must meet the requirements in paragraphs (c)(3)(i) through (vi) of this section for each gas temperature monitoring device. (e) Condensers. (1) The temperature monitor must provide a gas temperature record at least once every 15 minutes. (2) For all condensers, you must meet the requirements in paragraphs (c)(3)(i) through (vi) of this section for each gas temperature monitoring device. (f) Emission capture systems. (1) For each flow measurement device, you must meet the requirements in paragraphs (a) and (f)(1)(i) through (vii) of this section. (i) Locate a flow sensor in a position that provides a representative flow measurement in the duct from each capture device in the emission capture system to the add-on control device. (ii) Use a flow sensor with an accuracy of at least 10 percent of the flow. (iii) Perform an initial sensor calibration in accordance with the manufacturer's requirements. (iv) Perform a validation check before initial use or upon relocation or replacement of a sensor. Validation checks include comparison of sensor values with electronic signal simulations or via relative accuracy testing. (v) Perform accuracy audits every quarter and after every 24 hour excursion. Accuracy audits include comparison of sensor values with electronic signal simulations or with values obtained via relative accuracy testing. (vi) Perform leak checks monthly. (vii) Perform visual inspections of the sensor system quarterly if there is no redundant sensor. (2) For each pressure drop measurement device, you must comply with the requirements in paragraphs (a) and (f)(2)(i) through (vii) of this section. (i) Locate the pressure sensor(s) in or as close to a position that provides a representative measurement of the pressure drop across each opening you are monitoring. (ii) Use a pressure sensor with an accuracy of at least 0.5 inches of water column or 5 percent of the measured value, whichever is larger. (iii) Perform an initial calibration of the sensor according to the manufacturer's requirements. (iv) Conduct a validation check before initial operation or upon relocation or replacement of the sensor. Validation checks include comparison of the sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (v) Conduct accuracy audits every quarter and after every 24 hour excursion. Accuracy audits include comparison of sensor values to calibrated pressure measurement devices or to pressure simulation using calibrated pressure sources. (vi) Perform monthly leak checks on pressure connections. A pressure of at least 1.0 inches of water column to the connection must yield a stable sensor result for at least 15 seconds. (vii) Perform a visual inspection of the sensor at least monthly if there is no redundant sensor. (g) Concentrators. (1) You must install a temperature monitor in the desorption gas stream. The temperature monitor must meet the requirements in paragraphs (a) and (c)(3) of this section. (2) You must install a device to monitor pressure drop across the zeolite wheel or rotary carbon bed. The pressure monitoring device must meet the requirements in paragraphs (a) and (f)(2) of this section. [68 FR 28619, May 23, 2003, as amended at 84 FR 9642, Mar. 15, 2019] Other Requirements and Information § 63.4980 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the U.S. Environmental Protection Agency (EPA), or a delegated authority such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency (as well as EPA) has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if implementation and enforcement of this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the work practice standards in § 63.4893 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f), and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.4981 What definitions apply to this subpart? Terms used in this subpart are defined in the CAA, in 40 CFR 63.2, and in this section as follows: Add-on control Adhesive Capture device Capture efficiency capture system efficiency Capture system Cleaning material e.g., Coating Coating operation Coating solids Continuous parameter monitoring system (CPMS) Controlled coating operation Deviation (1) Before September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (iii) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction regardless of whether or not such failure is permitted by this subpart; and (2) On and after September 12, 2019, any instance in which an affected source subject to this subpart or an owner or operator of such a source: (i) Fails to meet any requirement or obligation established by this subpart including but not limited to any emission limit, or operating limit, or work practice standard; or (ii) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Emission limitation Enclosure Exempt compound Facility maintenance Manufacturer's formulation data Mass fraction of coating solids Mass fraction of organic HAP Month Organic HAP content Permanent total enclosure (PTE) Protective oil Research or laboratory facility de minimis Responsible official Startup, initial Surface preparation Temporary total enclosure Thinner Total volatile hydrocarbon (TVH) Uncontrolled coating operation Volatile organic compound (VOC) Volume fraction of coating solids Wastewater [68 FR 28619, May 23, 2003, as amended at 84 FR 9642, Mar. 15, 2019] Table 1 to Subpart RRRR of Part 63—Operating Limits if Using the Emission Rate With Add-on Controls Option If you are required to comply with operating limits by § 63.4892, you must comply with the applicable operating limits in the following table: For the following device . . . you must meet the following operating limit . . . and you must demonstrate continuous compliance with the operating limit by . . . 1. thermal oxidizer a. the average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.4966(a) i. collecting the combustion temperature data according to § 63.4967(c); 2. catalytic oxidizer a. the average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.4966(b); and either i. collecting the temperature data according to § 63.4967(c); b. ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.4966(b), or i. collecting the temperature data according to § 63.4967(c); c. develop and implement an inspection and maintenance plan according to § 63.4966(b)(3) and (4). i. maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.4966(b)(4), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. carbon adsorber a. the total regeneration desorbing gas ( e.g., i. measuring the total regeneration desorbing gas ( e.g., b. the temperature of the carbon bed after completing each regeneration and any cooling cycle must not exceed the carbon bed temperature limit established according to § 63.4966(c) i. measuring the temperature of the carbon bed after completing each regeneration and any cooling cycle according to § 63.4967(d); and 4. condenser a. the average condenser outlet (product side) gas temperature in any 3-hour period must not exceed the temperature limit established according to § 63.4966(d) i. collecting the condenser outlet (product side) gas temperature according to § 63.4967(e); 5. emission capture system that is a PTE according to § 63.4964(a) a. the direction of the air flow at all times must be into the enclosure; and either i. collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.4967(f)(1) or the pressure drop across the enclosure according to § 63.4967(f)(2); and b. the average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or i. collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.4967(f)(1) or the pressure drop across the enclosure according to § 63.4967(f)(2); and c. the pressure drop across the enclosure must be at least 0.007 inch H 2 i. collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.4967(f)(1) or the pressure drop across the enclosure according to § 63.4967(f)(2); and 6. emission capture system that is not a PTE according to § 63.4964(a) a. the average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.4966(e) i. collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.4967(f); 7. concentrators, including zeolite wheels and rotary carbon adsorbers a. the average gas temperature of the desorption concentrate stream in any 3-hour period must not fall below the limit established according to § 63.4966(f) i. collecting the temperature data according to § 63.4967(g); b. the average pressure drop of the dilute stream across the concentrator in any 3-hour period must not fall below the limit established according to § 63.4966(f) i. collecting the pressure drop data according to § 63.4967(g); 8. bioreactor systems a. the use of an alternative monitoring method as set forth in § 63.8(f) Table 2 to Subpart RRRR of Part 63—Applicability of General Provisions to Subpart RRRR [You must comply with the applicable General Provisions requirements according to the following table:] Citation Subject Applicable to subpart Explanation § 63.1(a)(1)-(12) General Applicability Yes § 63.1(b)(1)-(3) Initial Applicability Determination Yes Applicability to subpart RRRR is also specified in § 63.4881. § 63.1(c)(1) Applicability After Standard Established Yes § 63.1(c)(2)-(3) Applicability of Permit Program for Area Sources No Area sources are not subject to subpart RRRR. § 63.1(c)(4)-(5) Extensions and Notifications Yes § 63.1(c)(6) Reclassification Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.4981. § 63.3(a)-(c) Units and Abbreviations Yes § 63.4(a)(1)-(5) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Severability Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1)-(6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d) Application for Approval of Construction/Reconstruction Yes § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance With Standards and Maintenance Requirements—Applicability Yes § 63.6(b)(1)-(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.4883 specifies the compliance dates. § 63.6(c)(1)-(5) Compliance Dates for Existing Sources Yes Section 63.4883 specifies the compliance dates. § 63.6(e)(1)(i) Operation and Maintenance Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.6(e)(1)(ii) Operation and Maintenance Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.6(e)(1)(iii) Operation and Maintenance Yes § 63.6(e)(3) Startup, shutdown, and malfunction Plan (SSMP) Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.6(f)(1) Compliance Except During Startup, Shutdown, and Malfunction Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.6(f)(2)-(3) Methods for Determining Compliance Yes § 63.6(g)(1)-(3) Use of Alternative Standards Yes § 63.6(h) Compliance With Opacity/Visible Emission Standards No Subpart RRRR does not establish opacity standards and does not require continuous opacity monitoring systems (COMS). § 63.6(i)(1)-(16) Extension of Compliance Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)(1) Performance Test Requirements—Applicability Yes Applies to all affected sources using an add-on control device to comply with the standards. Additional requirements for performance testing are specified in §§ 63.4963, 63.4964, and 63.4965. § 63.7(a)(2) Performance Test Requirements—Dates Yes Applies only to performance tests for capture system and control device efficiency at sources using these to comply with the standards. Section 63.4960 specifies the schedule for performance test requirements that are earlier than those specified in § 63.7(a)(2). § 63.7(a)(3) Performance Tests Required by the Administrator Yes § 63.7(b)-(d) Performance Test Requirements—Notification, Quality Assurance, Facilities Necessary Safe Testing, Conditions During Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.7(e)(1) Conduct of performance tests Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.7(e)(2)-(4) Conduct of performance tests Yes § 63.7(f) Performance Test Requirements—Use of Alternative Test Method Yes Applies to all test methods except those used to determine capture system efficiency. § 63.7(g)-(h) Performance Test Requirements—Data Analysis, Recordkeeping, Reporting, Waiver of Test Yes Applies only to performance tests for capture system and add-on control device efficiency at sources using these to comply with the standards. § 63.8(a)(1)-(3) Monitoring Requirements—Applicability Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for monitoring are specified in § 63.4967. § 63.8(a)(4) Additional Monitoring Requirements No Subpart RRRR does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Continuous Monitoring Systems (CMS) Operation and Maintenance Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.4967. § 63.8(c)(4) CMS No Section 63.4967 specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(5) COMS No Subpart RRRR does not have opacity or visible emissions standards. § 63.8(c)(6) CMS Requirements No Section 63.4967 specifies the requirements for monitoring systems for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(7) CMS Out-of-Control Periods Yes § 63.8(c)(8) CMS Out-of-Control Periods Reporting No Section 63.4920 requires reporting of CMS out-of-control periods. § 63.8(d)-(e) Quality Control Program and CMS Performance Evaluation No Subpart RRRR does not require the use of CEMS. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes § 63.8(f)(6) Alternative to Relative Accuracy Test No Subpart RRRR does not require the use of CEMS. § 63.8(g)(1)-(5) Data Reduction No Sections 63.4966 and 63.4967 specify monitoring data reduction. § 63.9(a)-(d) Notification Requirements Yes § 63.9(e) Notification of Performance Test Yes Applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart RRRR does not have opacity or visible emission standards. § 63.9(g)(1)-(3) Additional Notifications When Using CMS No Subpart RRRR does not require the use of CEMS. § 63.9(h) Notification of Compliance Status Yes Section 63.4910 specifies the dates for submitting the notification of compliance status. § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in §§ 63.4930 and 63.4931. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet Standards Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(iii) Recordkeeping Relevant to Maintenance of Air Pollution Control and Monitoring Equipment Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During SSM Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(vi) Recordkeeping for CMS malfunctions Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(b)(2)(vii)-(xi) Records Yes § 63.10(b)(2)(xii) Records Yes § 63.10(b)(2)(xiii) No Subpart RRRR does not require the use of CEMS. § 63.10(b)(2)(xiv) Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c)(1)-(6) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(7)-(8) Additional Recordkeeping Requirements for Sources with CMS No See § 63.10(c)(10)-(14) Additional Recordkeeping Requirements for Sources with CMS Yes § 63.10(c)(15) Records Regarding the SSMP Yes, before September 12, 2019. No, on and after September 12, 2019 § 63.10(d)(1) General Reporting Requirements Yes Additional requirements are specified in § 63.4920. § 63.10(d)(2) Report of Performance Test Results Yes Additional requirements are specified in § 63.4920(b). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart RRRR does not require opacity or visible emissions observations. § 63.10(d)(4) Progress Reports for Sources With Compliance Extensions Yes § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports Yes, before September 12, 2019. No, on and after September 12, 2019 See § 63.10(e)(1)-(2) Additional CMS Reports No Subpart RRRR does not require the use of CEMS. § 63.10(e)(3) Excess Emissions/CMS Performance Reports No Section 63.4920(a) specifies the contents of periodic compliance reports. § 63.10(e)(4) COMS Data Reports No Subpart RRRR does not specify requirements for opacity or COMS. § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart RRRR does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13 Addresses Yes § 63.14 Incorporation by Reference Yes § 63.15 Availability of Information/Confidentiality Yes [84 FR 9642, Mar. 15, 2019, as amended at 85 FR 73908, Nov. 19, 2020] Table 3 to Subpart RRRR of Part 63—Default Organic HAP Mass Fraction for Solvents and Solvent Blends You may use the mass fraction values in the following table for solvent blends for which you do not have test data or manufacturer's formulation data: Solvent/Solvent blend CAS. No. Average organic HAP mass fraction Typical organic HAP, percent by mass 1. Toluene 108-88-3 1.0 Toluene. 2. Xylene(s) 1330-20-7 1.0 Xylenes, ethylbenzene. 3. Hexane 110-54-3 0.5 n-hexane. 4. n-Hexane 110-54-3 1.0 n-hexane. 5. Ethylbenzene 100-41-4 1.0 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 0.02 1% xylene, 1% cumene. 8. Aromatic 150 0.09 Naphthalene. 9. Aromatic naphtha 64742-95-6 0.02 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 0.1 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 0.15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 0.01 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.001 Toluene. 18. Stoddard solvent 8052-41-3 0.01 Xylenes. 19. Super high-flash naphtha 64742-95-6 0.05 Xylenes. 20. Varsol ® solvent 8052-49-3 0.01 0.5% xylenes, 0.5% ethyl benzene. 21. VM & P naphtha 64742-89-8 0.06 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 0.08 4% naphthalene, 4% biphenyl. Table 4 to Subpart RRRR of Part 63—Default Organic HAP Mass Fraction for Petroleum Solvent Groups 1 You May Use the Mass Fraction Values in the Following Fable for Solvent Blends for Which You Do Not Have Test Data or Manufacturer's Formulation Data: Solvent type Average organic HAP mass fraction Typical organic percent HAP, by mass Aliphatic 2 0.03 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic 3 0.06 4% Xylene, 1% Toluene, and 1% Ethylbenzene. 1 2 3 Table 5 to Subpart RRRR of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3'-Dichlorobenzidine 91-94-1 3,3'-Dimethoxybenzidine 119-90-4 3,3'-Dimethylbenzidine 119-93-7 4,4'-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [84 FR 9645, Mar. 15, 2019] Subpart SSSS—National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil Source: 67 FR 39812, June 10, 2002, unless otherwise noted. What This Subpart Covers § 63.5080 What is in this subpart? This subpart describes the actions you must take to reduce emissions of hazardous air pollutants (HAP) if you own or operate a facility that performs metal coil surface coating operations and is a major source of HAP. This subpart establishes emission standards and states what you must do to comply. Certain requirements apply to all who must comply with the subpart; others depend on the means you use to comply with an emission standard. § 63.5090 Does this subpart apply to me? (a) The provisions of this subpart apply to each facility that is a major source of HAP, as defined in § 63.2, at which a coil coating line is operated, except as provided in paragraphs (b) and (e) of this section. (b) This subpart does not apply to any coil coating line that meets the criteria of paragraph (b)(1) or (2) of this section. (1) A coil coating line that is part of research or laboratory equipment. (2) A coil coating line on which at least 85 percent of the metal coil coated, based on surface area, is less than 0.15 millimeter (0.006 inch) thick, except as provided in paragraph (c) of this section. (c) If you operate a coating line subject to subpart JJJJ of this part that also meets the criteria in either paragraph (c)(1) or (2) of this section, and you choose to comply with the requirements of this subpart, then such compliance constitutes compliance with subpart JJJJ. The coating line for which you choose this option is, therefore, included in the affected source for this subpart as defined in § 63.5110 and shall not be included in the affected source for subpart JJJJ as defined in § 63.3300. (1) The coating line is used to coat metal coil of thicknesses both less than and greater than or equal to 0.15 millimeter (0.006 inch) thick, regardless of the percentage of surface area of each thickness coated. (2) The coating line is used to coat only metal coil that is less than 0.15 millimeter (0.006 inch) thick and the coating line is controlled by a common control device that also receives organic HAP emissions from a coil coating line that is subject to the requirements of this subpart. (d) Each coil coating line that does not comply with the provisions of this subpart because it meets the criteria in paragraph (b)(2) of this section, that for any rolling 12-month period fails to meet the criteria in paragraph (b)(2) would from that point forward become subject to the provisions of this subpart. After becoming subject to the provisions of this subpart, the coil coating line would no longer be eligible to use the criteria of paragraph (b)(2) of this section, even if in subsequent 12-month periods at least 85 percent of the metal coil coated, based on surface area, is less than 0.15 millimeter (0.006 inch) thick. (e) This subpart does not apply to the application of incidental markings (including letters, numbers, or symbols) that are added to bare metal coils and that are used for only product identification or for product inventory control. The application of letters, numbers, or symbols to a coated metal coil is considered a coil coating process and part of the coil coating affected source. [67 FR 39812, June 10, 2002, as amended at 85 FR 10861, Feb. 25, 2020] § 63.5100 Which of my emissions sources are affected by this subpart? The affected source subject to this subpart is the collection of all of the coil coating lines at your facility. § 63.5110 What special definitions are used in this subpart? All terms used in this subpart that are not defined in this section have the meaning given to them in the Clean Air Act (CAA) and in subpart A of this part. Always-controlled work station Capture efficiency Capture system Car-seal Coating Coating material Coil coating line Control device Control device efficiency Curing oven Day Deviation, before August 24, 2020, (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limitation (including any operating limit) or work practice standard in this subpart during start-up, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Deviation, on and after August 24, 2020, (1) Fails to meet any requirement or obligation established by this subpart including, but not limited to, any emission limitation (including any operating limit) or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Existing affected source Facility Flexible packaging HAP applied Intermittently-controllable work station Metal coil Month Never-controlled work station New affected source Overall organic HAP control efficiency (1) The product of the capture efficiency as determined in accordance with the requirements of § 63.5160(e) and the control device efficiency as determined in accordance with the requirements of § 63.5160(a)(1)(i) and (ii) or § 63.5160(d); or (2) A liquid-liquid material balance in accordance with the requirements of § 63.5170(e)(1). Permanent total enclosure (PTE) Protective oil Research or laboratory equipment Temporary total enclosure (TTE) Work station [67 FR 39812, June 10, 2002, as amended at 85 FR 10861, Feb. 25, 2020] Emission Standards and Compliance Dates § 63.5120 What emission standards must I meet? (a) Each coil coating affected source must limit organic HAP emissions to the level specified in paragraph (a)(1), (2), or (3) of this section: (1) No more than 2 percent of the organic HAP applied for each month during each 12-month compliance period (98 percent reduction); or (2) No more than 0.046 kilogram (kg) of organic HAP per liter of solids applied during each 12-month compliance period; or (3) If you use an oxidizer to control organic HAP emissions, operate the oxidizer such that an outlet organic HAP concentration of no greater than 20 parts per million by volume (ppmv) on a dry basis is achieved and the efficiency of the capture system is 100 percent. (b) You must demonstrate compliance with one of these standards by following the applicable procedures in § 63.5170. § 63.5121 What operating limits must I meet? (a) Except as provided in paragraph (b) of this section, for any coil coating line for which you use an add-on control device, unless you use a solvent recovery system and conduct a liquid-liquid material balance according to § 63.5170(e)(1), you must meet the applicable operating limits specified in Table 1 to this subpart. You must establish the operating limits during performance tests according to the requirements in § 63.5160(d)(3) and Table 1 to § 63.5160. You must meet the operating limits established during the most recent performance test required in § 63.5160 at all times after you establish them. (b) If you use an add-on control device other than those listed in Table 1 to this subpart, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). [67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020] § 63.5130 When must I comply? (a) For an existing affected source, the compliance date is June 10, 2005. (b) If you own or operate a new affected source subject to the provisions of this subpart, you must comply immediately upon start-up of the affected source, or by June 10, 2002, whichever is later. (c) Affected sources which have undergone reconstruction are subject to the requirements for new affected sources. (d) The initial compliance period begins on the applicable compliance date specified in paragraph (a) or (b) of this section and ends on the last day of the 12th month following the compliance date. If the compliance date falls on any day other than the first day of a month, then the initial compliance period extends through that month plus the next 12 months. (e) For the purpose of demonstrating continuous compliance, a compliance period consists of 12 months. Each month after the end of the initial compliance period described in paragraph (d) of this section is the end of a compliance period consisting of that month and the preceding 11 months. [67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020] General Requirements for Compliance with the Emission Standards and for Monitoring and Performance Tests § 63.5140 What general requirements must I meet to comply with the standards? (a) Before August 24, 2020, you must be in compliance with the applicable emission standards in § 63.5120 and the operating limits in Table 1 to this subpart at all times, except during periods of start-up, shutdown, and malfunction of any capture system and control device used to comply with this subpart. On and after August 24, 2020 you must be in compliance with the applicable emission standards in § 63.5120 and the operating limits in Table 1 to this subpart at all times. If you are complying with the emission standards of this subpart without the use of a capture system and control device, you must be in compliance with the standards at all times. (b) Before August 24, 2020, you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1). On and after August 24, 2020, at all times, you must operate and maintain your affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) Table 2 of this subpart provides cross references to subpart A of this part, indicating the applicability of the General Provisions requirements to this subpart. [67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020] § 63.5150 If I use a control device to comply with the emission standards, what monitoring must I do? Table 1 to § 63.5150—Control Device Monitoring Requirements Index If you operate a coil coating line and have the following: Then you must: 1. Control device Monitor control device operating parameters (§ 63.5150(a)(3)). 2. Capture system Monitor capture system operating parameters (§ 63.5150(a)(4)). 3. Intermittently controllable work station Monitor parameters related to possible exhaust flow through any bypass to a control device (§ 63.5150(a)(1)). 4. Continuous emission monitors Operate continuous emission monitors and perform a quarterly audit (§ 63.5150(a)(2)). (a) To demonstrate continuing compliance with the standards, you must monitor and inspect each capture system and each control device required to comply with § 63.5120 following the date on which the initial performance test of the capture system and control device is completed. You must install and operate the monitoring equipment as specified in paragraphs (a)(1) through (4) of this section. On and after August 24, 2020, you must also maintain the monitoring equipment at all times in accordance with § 63.5140(b) and keep the necessary parts readily available for routine repairs of the monitoring equipment. (1) Bypass monitoring. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure continuous monitoring. (iv) Automatic shutdown system. (2) Continuous emission monitoring system (CEMS). (i) All CEMS must comply with performance specification 8 or 9 of 40 CFR part 60, appendix B, as appropriate for the detection principle you choose. The requirements of 40 CFR part 60, procedure 1, appendix F must also be followed. In conducting the quarterly audits of the monitors as required by procedure 1, appendix F, you must use compounds representative of the gaseous emission stream being controlled. (ii) As specified in § 63.8(c)(4)(ii), each CEMS and each flow rate monitor must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. Information which must be determined for recordkeeping purposes, as required by § 63.5190(a)(1)(i) includes: (A) The hourly average of all recorded readings; (B) The daily average of all recorded readings for each operating day; and (C) The monthly average for each month during the semiannual reporting period. (3) Temperature monitoring of oxidizers. (i) Install, calibrate, maintain, and operate temperature monitoring equipment according to manufacturer's specifications. The calibration of the chart recorder, data logger, or temperature indicator must be verified every 3 months; or the chart recorder, data logger, or temperature indicator must be replaced. You must replace the equipment either if you choose not to perform the calibration, or if the equipment cannot be calibrated properly. Each temperature monitoring device must be equipped with a continuous recorder. The device must have an accuracy of ±1 percent of the temperature being monitored in degrees Celsius, or ±1 °Celsius, whichever is greater. (ii) For an oxidizer other than a catalytic oxidizer, to demonstrate continuous compliance with the operating limit established according to § 63.5160(d)(3)(i), you must install the thermocouple or temperature sensor in the combustion chamber at a location in the combustion zone. (iii) For a catalytic oxidizer, if you are demonstrating continuous compliance with the operating limit established according to § 63.5160(d)(3)(ii)(A) and (B), then you must install the thermocouples or temperature sensors in the vent stream at the nearest feasible point to the inlet and outlet of the catalyst bed. Calculate the temperature difference across the catalyst. If you are demonstrating continuous compliance with the operating limit established according to § 63.5160(d)(3)(ii)(C) and (D), then you must install the thermocouple or temperature sensor in the vent stream at the nearest feasible point to the inlet of the catalyst bed. (4) Capture system monitoring. (i) The monitoring plan must identify the operating parameter to be monitored to ensure that the capture efficiency measured during compliance tests is maintained, explain why this parameter is appropriate for demonstrating ongoing compliance, and identify the specific monitoring procedures. (ii) The plan also must specify operating limits at the capture system operating parameter value, or range of values, that demonstrates compliance with the standards in § 63.5120. The operating limits must represent the conditions indicative of proper operation and maintenance of the capture system. (iii) You must conduct monitoring in accordance with the plan. (b) If an operating parameter monitored in accordance with paragraphs (a)(3) and (4) of this section is out of the allowed range specified in Table 1 to this subpart it will be considered a deviation from the operating limit. [67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020] § 63.5160 What performance tests must I complete? Table 1 to § 63.5160—Required Performance Testing Summary If you control HAP on your coil coating line by: You must: 1. Limiting HAP or Volatile matter content of coatings Determine the HAP or volatile matter and solids content of coating materials according to the procedures in § 63.5160(b) and (c). 2. Using a capture system and add-on control device Except as specified in paragraph (a) of this section, conduct an initial performance test within 180 days of the applicable compliance date in § 63.5130, and conduct periodic performance tests within 5 years following the previous performance test, as follows: If you are not required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the first periodic performance test before March 25, 2023, unless you already have conducted a performance test on or after March 25, 2018; thereafter, you must conduct a performance test no later than 5 years following the previous performance test. Operating limits must be confirmed or reestablished during each performance test. If you are required to complete periodic performance tests as a requirement of renewing your facility's operating permit under 40 CFR part 70 or 40 CFR part 71, you must conduct the periodic testing in accordance with the terms and schedule required by your permit conditions. For each performance test: (1) For each capture and control system, determine the destruction or removal efficiency of each control device according to § 63.5160(d) and the capture efficiency of each capture system according to § 63.5160(e), and (2) confirm or re-establish the operating limits. (a) If you use a control device to comply with the requirements of § 63.5120, you are not required to conduct a performance test to demonstrate compliance if one or more of the criteria in paragraphs (a)(1) through (3) of this section are met: (1) The control device is equipped with continuous emission monitors for determining total organic volatile matter concentration, and capture efficiency has been determined in accordance with the requirements of this subpart; and the continuous emission monitors are used to demonstrate continuous compliance in accordance with § 63.5150(a)(2); or (2) You have received a waiver of performance testing under § 63.7(h); or (3) The control device is a solvent recovery system and you choose to comply by means of a monthly liquid-liquid material balance. (b) Organic HAP content. (1) Method 311. (i) Count only those organic HAP in Table 3 to this subpart that are measured to be present at greater than or equal to 0.1 weight percent and greater than or equal to 1.0 weight percent for other organic HAP compounds. (ii) Express the weight fraction of each organic HAP you count according to paragraph (b)(1)(i) of this section as a value truncated to four places after the decimal point (for example, 0.3791). (iii) Calculate the total weight fraction of organic HAP in the tested material by summing the counted individual organic HAP weight fractions and truncating the result to three places after the decimal point (for example, 0.763). (2) Method 24 in appendix A-7 of part 60. (3) Alternative method. (4) Formulation data. (c) Solids content and density. (d) Control device destruction or removal efficiency. (1) Performance tests conducted to determine the destruction or removal efficiency of the control device must be performed such that control device inlet and outlet testing is conducted simultaneously. To determine the outlet organic HAP concentration achieved by the oxidizer, only oxidizer outlet testing must be conducted. The data must be reduced in accordance with the test methods and procedures in paragraphs (d)(1)(i) through (ix). (i) Method 1 or 1A of 40 CFR part 60, appendix A, is used for sample and velocity traverses to determine sampling locations. (ii) Method 2, 2A, 2C, 2D, 2F, or 2G of 40 CFR part 60, appendix A, is used to determine gas volumetric flow rate. (iii) Method 3, 3A, or 3B of 40 CFR part 60, appendix A, used for gas analysis to determine dry molecular weight. You may also use as an alternative to Method 3B, the manual method for measuring the oxygen, carbon dioxide, and carbon monoxide content of exhaust gas, ANSI/ASME PTC 19.10-1981, “Flue and Exhaust Gas Analyses” (incorporated by reference, see § 63.14). (iv) Method 4 of 40 CFR part 60, appendix A, is used to determine stack gas moisture. (v) Methods for determining gas volumetric flow rate, dry molecular weight, and stack gas moisture must be performed, as applicable, during each test run, as specified in paragraph (d)(1)(vii) of this section. (vi) Method 25 or 25A in appendix A-7 of part 60 is used to determine total gaseous non-methane organic matter concentration. You may use Method 18 in appendix A-6 of part 60 to subtract methane emissions from measured total gaseous organic mass emissions as carbon. Use the same test method for both the inlet and outlet measurements, which must be conducted simultaneously. You must submit notification of the intended test method to the Administrator for approval along with notification of the performance test required under § 63.7 (b). You must use Method 25A if any of the conditions described in paragraphs (d)(1)(vi)(A) through (D) of this section apply to the control device. (A) The control device is not an oxidizer. (B) The control device is an oxidizer, but an exhaust gas volatile organic matter concentration of 50 ppmv or less is required to comply with the standards in § 63.5120; or (C) The control device is an oxidizer, but the volatile organic matter concentration at the inlet to the control system and the required level of control are such that they result in exhaust gas volatile organic matter concentrations of 50 ppmv or less; or (D) The control device is an oxidizer, but because of the high efficiency of the control device, the anticipated volatile organic matter concentration at the control device exhaust is 50 ppmv or less, regardless of inlet concentration. (vii) Each performance test must consist of three separate runs, except as provided by § 63.7(e)(3); each run must be conducted for at least 1 hour under the conditions that exist when the affected source is operating under normal operating conditions. For the purpose of determining volatile organic matter concentrations and mass flow rates, the average of the results of all runs will apply. If you are demonstrating compliance with the outlet organic HAP concentration limit in § 63.5120(a)(3), only the average outlet volatile organic matter concentration must be determined. (viii) If you are determining the control device destruction or removal efficiency, for each run, determine the volatile organic matter mass flow rates using Equation 1 of this section: Where: M f C c Q sd 0.0416 = conversion factor for molar volume, kg-moles per cubic meter (mol/m 3 (ix) For each run, determine the control device destruction or removal efficiency, DRE, using Equation 2 of this section: Where: DRE = organic emissions destruction or removal efficiency of the add-on control device, percent. M fi M fo (x) The control device destruction or removal efficiency is determined as the average of the efficiencies determined in the three test runs and calculated in Equation 2 of this section. (2) You must record such process information as may be necessary to determine the conditions in existence at the time of the performance test. Before August 24, 2020, operations during periods of start-up, shutdown, and malfunction will not constitute representative conditions for the purpose of a performance test. On and after August 24, 2020, you must conduct the performance test under representative operating conditions for the coating operation. Operations during periods of start-up, shutdown, or nonoperation do not constitute representative conditions for the purpose of a performance test. The owner or operator may not conduct performance tests during periods of malfunction. You must record the process information that is necessary to document operating conditions during the test and explain why the conditions represent normal operation. Upon request, you must make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (3) Operating limits. (i) Thermal oxidizer. (A) During performance tests, you must monitor and record the combustion temperature at least once every 15 minutes during each of the three test runs. You must monitor the temperature in the firebox of the thermal oxidizer or immediately downstream of the firebox before any substantial heat exchange occurs. (B) Use the data collected during the performance test to calculate and record the average combustion temperature maintained during the performance test. This average combustion temperature is the minimum operating limit for your thermal oxidizer. (ii) Catalytic oxidizer. (A) During the performance test, you must monitor and record the temperature just before the catalyst bed and the temperature difference across the catalyst bed at least once every 15 minutes during each of the three test runs. (B) Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed and the average temperature difference across the catalyst bed maintained during the performance test. These are the minimum operating limits for your catalytic oxidizer. (C) As an alternative to monitoring the temperature difference across the catalyst bed, you may monitor the temperature at the inlet to the catalyst bed and implement a site-specific inspection and maintenance plan for your catalytic oxidizer as specified in paragraph (d)(3)(ii)(D) of this section. During the performance test, you must monitor and record the temperature just before the catalyst bed at least once every 15 minutes during each of the three test runs. Use the data collected during the performance test to calculate and record the average temperature just before the catalyst bed during the performance test. This is the minimum operating limit for your catalytic oxidizer. (D) You must develop and implement an inspection and maintenance plan for your catalytic oxidizer(s) for which you elect to monitor according to paragraph (d)(3)(ii)(C) of this section. The plan must address, at a minimum, the elements specified in paragraphs (d)(3)(ii)(D) (1) through (3) ( 1 i.e., ( 2 ( 3 (iii) Other types of control devices. (e) Capture efficiency. (1) For an enclosure that meets the criteria for a PTE, you may assume it achieves 100 percent capture efficiency. You must confirm that your capture system is a PTE by demonstrating that it meets the requirements of section 6 of EPA Method 204 of 40 CFR part 51, appendix M (or an EPA approved alternative method), and that all exhaust gases from the enclosure are delivered to a control device. (2) You may determine capture efficiency, CE, according to the protocols for testing with temporary total enclosures that are specified in Method 204A through F of 40 CFR part 51, appendix M. You may exclude never-controlled work stations from such capture efficiency determinations. (3) As an alternative to the procedures specified in paragraphs (e)(1) and (2) of this section, if you are required to conduct a capture efficiency test, you may use any capture efficiency protocol and test methods that satisfy the criteria of either the Data Quality Objective or the Lower Confidence Limit approach as described in appendix A to subpart KK of this part. You may exclude never-controlled work stations from such capture efficiency determinations. [67 FR 39812, June 10, 2002, as amended at 85 FR 10862, Feb. 25, 2020] Requirements for Showing Compliance § 63.5170 How do I demonstrate compliance with the standards? You must include all coating materials (as defined in § 63.5110) used in the affected source when determining compliance with the applicable emission limit in § 63.5120. To make this determination, you must use at least one of the four compliance options listed in Table 1 of this section. You may apply any of the compliance options to an individual coil coating line, or to multiple lines as a group, or to the entire affected source. You may use different compliance options for different coil coating lines, or at different times on the same line. However, you may not use different compliance options at the same time on the same coil coating line. If you switch between compliance options for any coil coating line or group of lines, you must document this switch as required by § 63.5190(a), and you must report it in the next semiannual compliance report required in § 63.5180. Table 1 to § 63.5170—Compliance Demonstration Requirements Index If you choose to demonstrate compliance by: Then you must demonstrate that: 1. Use of “as purchased” compliant coatings a. Each coating material used during the 12-month compliance period does not exceed 0.046 kg HAP per liter solids, as purchased. Paragraph (a) of this section. 2. Use of “as applied” compliant coatings a. Each coating material used does not exceed 0.046 kg HAP per liter solids on a rolling 12-month average as applied basis, determined monthly. Paragraphs (b)(1) of this section; or b. Average of all coating materials used does not exceed 0.046 kg HAP per liter solids on a rolling 12-month average as applied basis, determined monthly. Paragraph (b)(2) of this section. 3. Use of a capture system and control device Overall organic HAP control efficiency is at least 98 percent on a monthly basis for individual or groups of coil coating lines; or overall organic HAP control efficiency is at least 98 percent during performance tests conducted according to Table 1 to § 63.5170 and operating limits are achieved continuously for individual coil coating lines; or oxidizer outlet HAP concentration is no greater than 20 ppmv and there is 100-percent capture efficiency during performance tests conducted according to Table 1 to § 63.5170 and operating limits are achieved continuously for individual coil coating lines. Paragraph (c) of this section. 4. Use of a combination of compliant coatings and control devices and maintaining an acceptable equivalent emission rate Average equivalent emission rate does not exceed 0.046 kg HAP per liter solids on a rolling 12-month average as applied basis, determined monthly. Paragraph (d) of this section. (a) As-purchased compliant coatings. (1) Determine the organic HAP content for each coating material in accordance with § 63.5160(b) and the volume solids content in accordance with § 63.5160(c). (2) Combine these results using Equation 1 of this section and compare the result to the organic HAP emission limit in § 63.5120(a)(2) to demonstrate that each coating material contains no more organic HAP than the limit. Where: H siap C hi D i Vsi = volume fraction of solids in coating, i, l/l. (b) As-applied compliant coatings. (1) To demonstrate that the average organic HAP content on the basis of solids applied for each coating material applied, H Si yr Where: H si yr V i D i C ahi V j D j C hij V si y = identifier for months. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (2) To demonstrte that the average organic HAP content on the basis of solids applied, H S yr Where: H S yr Vi = volume of coating material, i, l. D i C ahi Vj = volume of solvent, j, l. D j C hij Vsi = volume fraction of solids in coating, i, l/l. p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. y = identifier for months. (c) Capture and control to reduce emissions to no more than the allowable limit. (1) If the affected source uses one compliance procedure to limit organic HAP emissions to the level specified in § 63.5120(a)(1) or (3) and has only always-controlled work stations, then you must demonstrate compliance with the provisions of paragraph (e) of this section when emissions from the affected source are controlled by one or more solvent recovery devices. (2) If the affected source uses one compliance procedure to limit organic HAP emissions to the level specified in § 63.5120(a)(1) or (3) and has only always-controlled work stations, then you must demonstrate compliance with the provisions of paragraph (f) of this section when emissions are controlled by one or more oxidizers. (3) If the affected source operates both solvent recovery and oxidizer control devices, one or more never-controlled work stations, or one or more intermittently-controllable work stations, or uses more than one compliance procedure, then you must demonstrate compliance with the provisions of paragraph (g) of this section. (4) The method of limiting organic HAP emissions to the level specified in § 63.5120(a)(3) is the installation and operation of a PTE around each work station and associated curing oven in the coating line and the ventilation of all organic HAP emissions from each PTE to an oxidizer with an outlet organic HAP concentration of no greater than 20 ppmv on a dry basis. An enclosure that meets the requirements in § 63.5160(e)(1) is considered a PTE. Compliance of the oxidizer with the outlet organic HAP concentration limit is demonstrated either through continuous emission monitoring according to paragraph (c)(4)(ii) of this section or through performance tests according to the requirements of § 63.5160(d) and Table 1 to § 63.5160. If this method is selected, you must meet the requirements of paragraph (c)(4)(i) of this section to demonstrate continuing achievement of 100 percent capture of organic HAP emissions and either paragraph (c)(4)(ii) or paragraph (c)(4)(iii) of this section, respectively, to demonstrate continuous compliance with the oxidizer outlet organic HAP concentration limit through continuous emission monitoring or continuous operating parameter monitoring: (i) Whenever a work station is operated, continuously monitor the capture system operating parameter established in accordance with § 63.5150(a)(4). (ii) To demonstrate that the value of the exhaust gas organic HAP concentration at the outlet of the oxidizer is no greater than 20 ppmv, on a dry basis, install, calibrate, operate, and maintain CEMS according to the requirements of § 63.5150(a)(2). (iii) To demonstrate continuous compliance with operating limits established in accordance with § 63.5150(a)(3), whenever a work station is operated, continuously monitor the applicable oxidizer operating parameter. (d) Capture and control to achieve the emission rate limit. (1) If you use one or more solvent recovery devices, you must demonstrate compliance with the provisions in paragraph (e) of this section. (2) If you use one or more oxidizers, you must demonstrate compliance with the provisions in paragraph (f) of this section. (3) If you use both solvent recovery devices and oxidizers, or operate one or more never-controlled work stations or one or more intermittently controllable work stations, you must demonstrate compliance with the provisions in paragraph (g) of this section. (e) Use of solvent recovery to demonstrate compliance. (1) Liquid-liquid material balance. (i) Measure the mass of each coating material applied on the work station or group of work stations controlled by one or more solvent recovery devices during the month. (ii) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the organic HAP content of each coating material applied during the month following the procedure in § 63.5160(b). (iii) Determine the volatile matter content of each coating material applied during the month following the procedure in § 63.5160(c). (iv) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the solids content of each coating material applied during the month following the procedure in § 63.5160(c). (v) For each solvent recovery device used to comply with § 63.5120(a), install, calibrate, maintain, and operate according to the manufacturer's specifications, a device that indicates the cumulative amount of volatile matter recovered by the solvent recovery device on a monthly basis. The device must be initially certified by the manufacturer to be accurate to within ±2.0 percent. (vi) For each solvent recovery device used to comply with § 63.5120(a), measure the amount of volatile matter recovered for the month. (vii) Recovery efficiency, R v v Where: R v M kvr M i C vi M j 2 p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. s = number of solvent recovery devices used to comply with the standard of § 63.5120 of this subpart, in the facility. (viii) Organic HAP emitted, H e e Where: H e R v C hi M i C hij M ij p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (ix) Organic HAP emission rate based on solids applied for the 12-month compliance period, ANNUAL ANNUAL Where: L ANNUAL H e C si M i y = identifier for months. p = number of different coating materials applied in a month. (x) Compare actual performance to performance required by compliance option. (A) The average volatile organic matter collection and recovery efficiency, R v (B) The organic HAP emission rate based on solids applied for the 12-month compliance period, L ANNUAL (2) Continuous emission monitoring of control device performance. (i) Control device destruction or removal efficiency, DRE. (ii) Determine the percent capture efficiency, CE, for each work station in accordance with § 63.5160(e). (iii) Capture efficiency monitoring. (iv) Control efficiency, R. Where: R = overall organic HAP control efficiency, percent. DRE k CE A M Ai C vi M Aj 2 M i M j 2 w = number of always-controlled work stations in the facility. p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (v) If demonstrating compliance with the organic HAP emission rate based on solids applied, measure the mass of each coating material applied on each work station during the month. (vi) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the organic HAP content of each coating material applied during the month in accordance with § 63.5160(b). (vii) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the solids content of each coating material applied during the month in accordance with § 63.5160(c). (viii) If demonstrating compliance with the organic HAP emission rate based on solids applied, calculate the organic HAP emitted during the month, H e Where: H e DRE k CE A C hi M Ai C hij M Aij w = number of always-controlled work stations in the facility. p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (ix) Organic HAP emission rate based on solids applied for the 12-month compliance period, L ANNUAL ANNUAL (x) Compare actual performance to performance required by compliance option. (A) The overall organic HAP control efficiency, R, is 98 percent or greater for each; or (B) The organic HAP emission rate based on solids applied for the 12-month compliance period, L ANNUAL (f) Use of oxidation to demonstrate compliance. (1) Continuous monitoring of capture system and control device operating parameters. (i) For each oxidizer used to comply with § 63.5120(a), determine the oxidizer destruction or removal efficiency, DRE, using the procedure in § 63.5160(d). (ii) Whenever a work station is operated, continuously monitor the operating parameter established in accordance with § 63.5150(a)(3). (iii) Determine the capture system capture efficiency, CE, for each work station in accordance with § 63.5160(e). (iv) Whenever a work station is operated, continuously monitor the operating parameter established in accordance with § 63.5150(a)(4). (v) Calculate the overall organic HAP control efficiency, R, achieved using Equation 7 of this section. (vi) If demonstrating compliance with the organic HAP emission rate based on solids applied, measure the mass of each coating material applied on each work station during the month. (vii) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the organic HAP content of each coating material applied during the month following the procedure in § 63.5160(b). (viii) If demonstrating compliance with the organic HAP emission rate based on solids applied, determine the solids content of each coating material applied during the month following the procedure in § 63.5160(c). (ix) Calculate the organic HAP emitted during the month, H e (A) For each work station and its associated oxidizer, use Equation 8 of this section. (B) For periods when the oxidizer has not operated within its established operating limit, the control device efficiency is determined to be zero. (x) Organic HAP emission rate based on solids applied for the 12-month compliance period, L ANNUAL ANNUAL (xi) Compare actual performance to performance required by compliance option. (A) The overall organic HAP control efficiency, R, is 98 percent or greater for each; or (B) The organic HAP emission rate based on solids applied, L ANNUAL (2) Continuous emission monitoring of control device performance. (g) Combination of capture and control. (1) Solvent recovery system using liquid/liquid material balance compliance demonstration. (i) In accordance with paragraphs (e)(1)(i) through (iii) and (e)(1)(v) through (viii) of this section if the work stations controlled by that solvent recovery system are only always-controlled work stations; or (ii) In accordance with paragraphs (e)(1)(ii) through (iii), (e)(1)(v) through (vi), and (h) of this section if the work stations controlled by that solvent recovery system include one or more never-controlled or intermittently-controllable work stations. (2) Solvent recovery system using performance test and continuous monitoring compliance demonstration. (i) For each capture system delivering emissions to that solvent recovery system, monitor an operating parameter established in § 63.5150(a)(4) to ensure that capture system efficiency is maintained; and (ii) Determine the organic HAP emissions for those work stations served by each capture system delivering emissions to that solvent recovery system according to either paragraph (g)(2)(ii)(A) or (B) of this section: (A) In accordance with paragraphs (e)(2)(i) through (iii) and (e)(2)(v) through (viii) of this section if the work stations served by that capture system are only always-controlled coil coating stations; or (B) In accordance with paragraphs (e)(2)(i) through (iii), (e)(2)(v) through (vii), and (h) of this section if the work stations served by that capture system include one or more never-controlled or intermittently-controllable work stations. (3) Oxidizer using performance tests and continuous monitoring of operating parameters compliance demonstration. (i) Monitor an operating parameter established in § 63.5150(a)(3) to ensure that control device destruction or removal efficiency is maintained; and (ii) For each capture system delivering emissions to that oxidizer, monitor an operating parameter established in § 63.5150(a)(4) to ensure capture efficiency; and (iii) Determine the organic HAP emissions for those work stations served by each capture system delivering emissions to that oxidizer according to either paragraph (g)(3)(iii)(A) or (B) of this section: (A) In accordance with paragraphs (f)(1)(i) through (v) and (ix) of this section if the work stations served by that capture system are only always-controlled work stations; or (B) In accordance with paragraphs (f)(1)(i) through (v), (ix), and (h) of this section if the work stations served by that capture system include one or more never-controlled or intermittently-controllable work stations. (4) Oxidizer using continuous emission monitoring compliance demonstration. (i) For each capture system delivering emissions to that oxidizer, monitor an operating parameter established in § 63.5150(a)(4) to ensure capture efficiency; and (ii) Determine the organic HAP emissions for those work stations served by each capture system delivering emissions to that oxidizer according to either paragraph (g)(4)(ii)(A) or (B) of this section: (A) In accordance with paragraphs (e)(2)(i) through (iii) and (e)(2)(v) through (viii) of this section if the work stations served by that capture system are only always-controlled work stations; or (B) In accordance with paragraphs (e)(2)(i) through (iii), (e)(2)(v) through (vii), and (h) of this section if the work stations served by that capture system include one or more never-controlled or intermittently-controllable work stations. (5) Uncontrolled work stations. Where: H m C hi M Ai C hij M Aij x = number of uncontrolled work stations in the facility. p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (6) If demonstrating compliance with the organic HAP emission rate based on solids applied, each month of the 12-month compliance period you must determine the solids content of each coating material applied during the month following the procedure in § 63.5160(c). (7) Organic HAP emitted. (8) Compare actual performance to performance required by compliance option. (i) The total mass of organic HAP emitted by the affected source was not more than 0.046 kg HAP per liter of solids applied for the 12-month compliance period; or (ii) The total mass of organic HAP emitted by the affected source was not more than 2 percent of the total mass of organic HAP applied by the affected source each month. You must determine the total mass of organic HAP applied by the affected source in each month of the 12-month compliance period using Equation 9 of this section. (h) Organic HAP emissions from intermittently-controllable or never-controlled coil coating stations. (1) Determine the sum of the mass of all solids-containing coating materials which are applied on intermittently-controllable work stations in bypass mode, and the mass of all solids-containing coating materials which are applied on never-controlled coil coating stations during each month of the 12-month compliance period, M B i (2) Determine the sum of the mass of all solvents, thinners, reducers, diluents, and other nonsolids-containing coating materials which are applied on intermittently-controllable work stations in bypass mode, and the mass of all solvents, thinners, reducers, diluents and other nonsolids-containing coating materials which are applied on never-controlled work stations during each month of the 12-month compliance period, M B j (3) Determine the sum of the mass of all solids-containing coating materials which are applied on intermittently-controllable work stations in controlled mode, and the mass of all solids-containing coating materials which are applied on always-controlled work stations during each month of the 12-month compliance period, M C i (4) Determine the sum of the mass of all solvents, thinners, reducers, diluents, and other nonsolids-containing coating materials which are applied on intermittently-controllable work stations in controlled mode, and the mass of all solvents, thinners, reducers, diluents, and other nonsolids-containing coating materials which are applied on always-controlled work stations during each month of the 12-month compliance period, M Cj (5) Liquid-liquid material balance calculation of HAP emitted. Where: H e M ci C hi M cj C hj M kvr C vi M Bi M Bj p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. s = number of solvent recovery devices used to comply with the standard of § 63.5120 of this subpart, in the facility. (6) Control efficiency calculation of HAP emitted. e Where: H e M ci C hi M cj C hj DRE k CE A M Bi M Bj w i p = number of different coating materials applied in a month. q = number of different solvents, thinners, reducers, diluents, or other non-solids-containing coating materials applied in a month. (i) Capture and control system compliance demonstration procedures using a CPMS for a coil coating line. (1) Conduct performance tests according to the schedule in Table 1 to § 63.5160 to determine the control device destruction or removal efficiency, DRE, according to § 63.5160(d) and Table 1 to § 63.5160. (2) Determine the emission capture efficiency, CE, in accordance with § 63.5160(e). (3) Whenever a coil coating line is operated, continuously monitor the operating parameters established according to § 63.5150(a)(3) and (4) to ensure capture and control efficiency. [67 FR 39812, June 10, 2002, as amended at 85 FR 10864, Feb. 25, 2020] Reporting and Recordkeeping § 63.5180 What reports must I submit? (a) Submit the reports specified in paragraphs (b) through (i) of this section to the EPA Regional Office that serves the State or territory in which the affected source is located and to the delegated State agency: (b) You must submit an initial notification required in § 63.9(b). (1) Submit an initial notification for an existing source no later than 2 years after June 10, 2002, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (2) Submit an initial notification for a new or reconstructed source as required by § 63.9(b). (3) For the purpose of this subpart, a title V permit application may be used in lieu of the initial notification required under § 63.9(b), provided the same information is contained in the permit application as required by § 63.9(b), and the State to which the permit application has been submitted has an approved operating permit program under part 70 of this chapter and has received delegation of authority from the EPA. (4) Submit a title V permit application used in lieu of the initial notification required under § 63.9(b) by the same due dates as those specified in paragraphs (b)(1) and (2) of this section for the initial notifications. (c) You must submit a Notification of Performance Test as specified in §§ 63.7 and 63.9(e) if you are complying with the emission standard using a control device. This notification and the site-specific test plan required under § 63.7(c)(2) must identify the operating parameter to be monitored to ensure that the capture efficiency measured during the performance test is maintained. You may consider the operating parameter identified in the site-specific test plan to be approved unless explicitly disapproved, or unless comments received from the Administrator require monitoring of an alternate parameter. (d) You must submit a Notification of Compliance Status as specified in § 63.9(h). You must submit the Notification of Compliance Status no later than 30 calendar days following the end of the initial 12-month compliance period described in § 63.5130. (e) You must submit performance test reports as specified in § 63.10(d)(2) if you are using a control device to comply with the emission standards and you have not obtained a waiver from the performance test requirement. (f) Before August 24, 2020, you must submit start-up, shutdown, and malfunction reports as specified in § 63.10(d)(5) if you use a control device to comply with this subpart. (1) Before August 24, 2020, if your actions during a start-up, shutdown, or malfunction of an affected source (including actions taken to correct a malfunction) are not completely consistent with the procedures specified in the source's start-up, shutdown, and malfunction plan specified in § 63.6 (e)(3) and required before August 24, 2020, you must state such information in the report. The start-up, shutdown, or malfunction report will consist of a letter containing the name, title, and signature of the responsible official who is certifying its accuracy, that will be submitted to the Administrator. Separate start-up, shutdown, or malfunction reports are not required if the information is included in the report specified in paragraph (g) of this section. The start-up, shutdown, and malfunction plan and start-up, shutdown, and malfunction report are no longer required on and after August 24, 2020. (2) [Reserved] (g) You must submit semi-annual compliance reports containing the information specified in paragraphs (g)(1) and (2) of this section. (1) Compliance report dates. (i) The first semiannual reporting period begins 1 day after the end of the initial compliance period described in § 63.5130(d) that applies to your affected source and ends 6 months later. (ii) The first semiannual compliance report must cover the first semiannual reporting period and be postmarked or delivered no later than 30 days after the reporting period ends. (iii) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (iv) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (v) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or part 71, and the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (g)(1)(i) through (iv) of this section. (2) The semi-annual compliance report must contain the following information: (i) Company name and address. (ii) Statement by a responsible official with that official's name, title, and signature, certifying the accuracy of the content of the report. (iii) Date of report and beginning and ending dates of the reporting period. The reporting period is the 6-month period ending on June 30 or December 31. Note that the information reported for each of the 6 months in the reporting period will be based on the last 12 months of data prior to the date of each monthly calculation. (iv) Identification of the compliance option or options specified in Table 1 to § 63.5170 that you used on each coating operation during the reporting period. If you switched between compliance options during the reporting period, you must report the beginning dates you used each option. (v) A statement that there were no deviations from the applicable emission limit in § 63.5120 or the applicable operating limit(s) established according to § 63.5121 during the reporting period, and that no CEMS were inoperative, inactive, malfunctioning, out-of-control, repaired, or adjusted. (h) You must submit, for each deviation occurring at an affected source where you are not using CEMS to comply with the standards in this subpart, the semi-annual compliance report containing the information in paragraphs (g)(2)(i) through (iv) of this section and the information in paragraphs (h)(1) through (4) of this section: (1) The total operating time of each affected source during the reporting period. (2) Before August 24, 2020, you must provide information on the number, duration, and cause of deviations (including unknown cause, if applicable) as applicable, and the corrective action taken. On and after August 24, 2020, you must provide information on the number, date, time, duration, and cause of deviations from an emission limit in § 63.5120 or any applicable operating limit established according to § 63.5121 (including unknown cause, if applicable) as applicable, and the corrective action taken. (3) Before August 24, 2020, you must provide information on the number, duration, and cause for continuous parameter monitoring system downtime incidents (including unknown cause other than downtime associated with zero and span and other daily calibration checks, if applicable). On and after August 24, 2020, you must provide the information specified in paragraphs (h)(3)(i) and (ii) of this section. (i) Number, date, time, duration, cause (including unknown cause), and descriptions of corrective actions taken for continuous parameter monitoring systems that are inoperative (except for zero (low-level) and high-level checks). (ii) Number, date, time, duration, cause (including unknown cause), and descriptions of corrective actions taken for continuous parameter monitoring systems that are out of control as specified in § 63.8(c)(7). (4) On and after August 24, 2020, for each deviation from an emission limit in § 63.5120 or any applicable operating limit established according to § 63.5121, you must provide a list of the affected source or equipment, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.5120, a description of the method used to estimate the emissions, and the actions you took to minimize emissions in accordance with § 63.5140(b). (i) You must submit, for each deviation from the applicable emission limit in § 63.5120 or the applicable operation limit(s) established according to § 63.5121 occurring at an affected source where you are using CEMS to comply with the standards in this subpart, the semi-annual compliance report containing the information in paragraphs (g)(2)(i) through (iv) of this section, and the information in paragraphs (i)(1) through (12) of this section: (1) The date and time that each malfunction of the capture system or add-on control devices started and stopped. (2) Before August 24, 2020, the date and time that each CEMS was inoperative, except for zero (low-level) and high-level checks. On and after August 24, 2020, for each instance that the CEMS was inoperative, except for zero (low-level) and high-level checks, the date, time, and duration that the CEMS was inoperative; the cause (including unknown cause) for the CEMS being inoperative; and a description of corrective actions taken. (3) Before August 24, 2020, the date and time that each CEMS was out-of-control, including the information in § 63.8(c)(8). On and after August 24, 2020, for each instance that the CEMS was out-of-control, as specified in § 63.8(c)(7), the date, time, and duration that the CEMS was out-of-control; the cause (including unknown cause) for the CEMS being out-of-control; and descriptions of corrective actions taken. (4) Before August 24, 2020, the date and time that each deviation started and stopped, and whether each deviation occurred during a period of start-up, shutdown, or malfunction or during another period. On and after August 24, 2020, the date, time, and duration of each deviation from an emission limit in § 63.5120. For each deviation, an estimate of the quantity of each regulated pollutant emitted over any emission limit in § 63.5120 to this subpart, and a description of the method used to estimate the emissions. (5) A summary of the total duration of the deviation during the reporting period, and the total duration as a percent of the total source operating time during that reporting period. (6) Before August 24, 2020, a breakdown of the total duration of the deviations during the reporting period into those that are due to start-up, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. On and after August 24, 2020, a breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. (7) A summary of the total duration of CEMS downtime during the reporting period, and the total duration of CEMS downtime as a percent of the total source operating time during that reporting period. (8) A breakdown of the total duration of CEMS downtime during the reporting period into periods that are due to monitoring equipment malfunctions, nonmonitoring equipment malfunctions, quality assurance/quality control calibrations, other known causes, and other unknown causes. (9) Before August 24, 2020, a brief description of the metal coil coating line. On and after August 24, 2020, a list of the affected source or equipment, including a brief description of the metal coil coating line. (10) The monitoring equipment manufacturer(s) and model number(s). (11) The date of the latest CEMS certification or audit. (12) A description of any changes in CEMS, processes, or controls since the last reporting period. [67 FR 39812, June 10, 2002, as amended at 68 FR 12592, Mar. 17, 2003; 85 FR 10865, Feb. 25, 2020; 85 FR 73908, Nov. 19, 2020] § 63.5181 What are my electronic reporting requirements? (a) Beginning no later than August 24, 2020, you must submit the results of each performance test as required in § 63.5180(e) following the procedure specified in paragraphs (a)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test in portable document format (PDF) using the attachment module of the ERT. (3) If you claim that some of the performance test information being submitted under paragraph (a)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (b) Beginning on August 24, 2020, the owner or operator shall submit the initial notifications required in § 63.9(b) and the notification of compliance status required in §§ 63.9(h) and 63.5180(d) to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov (c) Beginning on March 25, 2021, or once the reporting template has been available on the CEDRI website for 1 year, whichever date is later, the owner or operator shall submit the semiannual compliance report required in § 63.5180(g) through (i), as applicable, to the EPA via the CEDRI. The CEDRI interface can be accessed through the EPA's CDX ( https://cdx.epa.gov https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (d) If you are required to electronically submit a report through the CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (g)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning five business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (e) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (h)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [85 FR 10866, Feb. 25, 2020] § 63.5190 What records must I maintain? (a) You must maintain the records specified in paragraphs (a) and (b) of this section in accordance with § 63.10(b)(1): (1) Records of the coating lines on which you used each compliance option and the time periods (beginning and ending dates and times) you used each option. (2) Records specified in § 63.10(b)(2) of all measurements needed to demonstrate compliance with this subpart, including: (i) Continuous emission monitor data in accordance with § 63.5150(a)(2); (ii) Control device and capture system operating parameter data in accordance with § 63.5150(a)(1), (3), and (4); (iii) Organic HAP content data for the purpose of demonstrating compliance in accordance with § 63.5160(b); (iv) Volatile matter and solids content data for the purpose of demonstrating compliance in accordance with § 63.5160(c); (v) Overall control efficiency determination or alternative outlet HAP concentration using capture efficiency tests and control device destruction or removal efficiency tests in accordance with § 63.5160(d), (e), and (f); and (vi) Material usage, HAP usage, volatile matter usage, and solids usage and compliance demonstrations using these data in accordance with § 63.5170(a), (b), and (d); (3) Records specified in § 63.10(b)(3); and (4) Additional records specified in § 63.10(c) for each continuous monitoring system operated by the owner or operator in accordance with § 63.5150(a)(2). (5) On and after August 24, 2020, for each deviation from an emission limitation reported under § 63.5180(h) or (i), a record of the information specified in paragraphs (a)(5)(i) through (iv) of this section, as applicable. (i) The date, time, and duration of the deviation, as reported under § 63.5180(h) and (i). (ii) A list of the affected sources or equipment for which the deviation occurred and the cause of the deviation, as reported under § 63.5180(h) and (i). (iii) An estimate of the quantity of each regulated pollutant emitted over any applicable emission limit in § 63.5120 to this subpart or any applicable operating limit established according to § 63.5121 to this subpart, and a description of the method used to calculate the estimate, as reported under § 63.5180(h) and (i). (iv) A record of actions taken to minimize emissions in accordance with § 63.5140(b) and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (b) Maintain records of all liquid-liquid material balances that are performed in accordance with the requirements of § 63.5170. (c) Any records required to be maintained by this subpart that are in reports that were submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [67 FR 39812, June 10, 2002, as amended at 85 FR 10867, Feb. 25, 2020] Delegation of Authority § 63.5200 What authorities may be delegated to the States? (a) This subpart can be implemented and enforced by us, the EPA, or a delegated authority such as your State, local, or tribal agency. If the EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraph (c) of this section are retained by the EPA Administrator and not transferred to the State, local, or tribal agency. (c) Authority which will not be delegated to States, local, or tribal agencies: (1) Approval of alternatives to the emission limitations in § 63.5120; (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.5160; (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.5150; and (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in §§ 63.5180 and 63.5190. §§ 63.5201-63.5209 [Reserved] Table 1 to Subpart SSSS of Part 63—Operating Limits if Using Add-on Control Devices and Capture System If you are required to comply with operating limits by § 63.5121, you must comply with the applicable operating limits in the following table: For the following device . . . You must meet the following operating limit . . . And you must demonstrate continuous compliance with the operating limit by . . . 1. thermal oxidizer a. the average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.5160(d)(3)(i) i. collecting the combustion temperature data according to § 63.5150(a)(3); 2. catalytic oxidizer a. the average temperature measured just before the catalyst bed in any 3-hour period must not fall below the limit established according to § 63.5160(d)(3)(ii); and either i. collecting the temperature data according to § 63.5150(a)(3); b. ensure that the average temperature difference across the catalyst bed in any 3-hour period does not fall below the temperature difference limit established according to § 63.5160(d)(3)(ii); or i. collecting the temperature data according to § 63.5150(a)(3); c. develop and implement an inspection and maintenance plan according to § 63.5160(d)(3)(ii) maintaining an up-to-date inspection and maintenance plan, records of annual catalyst activity checks, records of monthly inspections of the oxidizer system, and records of the annual internal inspections of the catalyst bed. If a problem is discovered during a monthly or annual inspection required by § 63.5160(d)(3)(ii), you must take corrective action as soon as practicable consistent with the manufacturer's recommendations. 3. emission capture system develop a monitoring plan that identifies operating parameter to be monitored and specifies operating limits according to § 63.5150(a)(4) conducting monitoring according to the plan § 63.5150(a)(4). Table 2 to Subpart SSSS of Part 63—Applicability of General Provisions to Subpart SSSS You must comply with the applicable General Provisions requirements according to the following table: General provisions reference Subject Applicable to subpart SSSS Explanation § 63.1(a)(1)-(4) General Applicability Yes § 63.1(a)(6) Source Category Listing Yes § 63.1(a)(10)-(12) Timing and Overlap Clarifications Yes § 63.1(b)(1) Initial Applicability Determination Yes Applicability to Subpart SSSS is also specified in § 63.5090. § 63.1(b)(3) Applicability Determination Recordkeeping Yes § 63.1(c)(1) Applicability after Standard Established Yes § 63.1(c)(2) Applicability of Permit Program for Area Sources Yes § 63.1(c)(5) Extensions and Notifications Yes § 63.1(c)(6) Yes § 63.1(e) Applicability of Permit Program Before Relevant Standard is Set Yes § 63.2 Definitions Yes Additional definitions are specified in § 63.5110. § 63.3 Units and Abbreviations Yes § 63.4(a)(1)-(2) Prohibited Activities Yes § 63.4(b)-(c) Circumvention/Fragmentation Yes § 63.5(a) Construction/Reconstruction Yes § 63.5(b)(1), (3), (4), (6) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes § 63.5(d)(1)(i)-(ii)(F), (d)(1)(ii)(H), (d)(1)(ii)(J), (d)(1)(iii), (d)(2)-(4) Application for Approval of Construction/Reconstruction Yes Only total HAP emissions in terms of tons per year are required for § 63.5(d)(1)(ii)(H). § 63.5(e) Approval of Construction/Reconstruction Yes § 63.5(f) Approval of Construction/Reconstruction Based on Prior State Review Yes § 63.6(a) Compliance with Standards and Maintenance Requirements-Applicability Yes § 63.6(b)(1)-(5), (b)(7) Compliance Dates for New and Reconstructed Sources Yes Section 63.5130 specifies the compliance dates. § 63.6(c)(1), (2), (5) Compliance Dates for Existing Sources Yes Section 63.5130 specifies the compliance dates. § 63.6(e)(1)(i)-(ii) General Duty to Minimize Emissions and Requirement to Correct Malfunctions As Soon As Possible Yes before August 24, 2020. No on and after August 24, 2020 See § 63.5140(b) for general duty requirement. § 63.6(e)(1)(iii) Operation and Maintenance Requirements Yes § 63.6(e)(3)(i), (e)(3)(iii)-(ix) SSMP Requirements Yes before August 24, 2020. No on and after August 24, 2020 § 63.6(f)(1) SSM Exemption Yes before August 24, 2020. No on and after August 24, 2020 See § 63.5140(b) for general duty requirement. § 63.6(f)(2)-(3) Compliance with Non-Opacity Emission Standards Yes § 63.6(g) Alternative Non-Opacity Emission Standard Yes § 63.6(h) Compliance with Opacity/Visible Emission Standards No Subpart SSSS does not establish opacity standards or visible emission standards. § 63.6(i)(1)-(14), (i)(16) Extension of Compliance and Administrator's Authority Yes § 63.6(j) Presidential Compliance Exemption Yes § 63.7(a)-(d) except (a)(2)(i)-(viii) Performance Test Requirements Yes § 63.7(e)(1) Performance Testing Yes before August 24, 2020. No on and after August 24, 2020 See § 63.5160(d)(2). § 63.7(e)(2)-(4) Conduct of Performance Tests Yes § 63.7(f) Alternative Test Method Yes EPA retains approval authority. § 63.7(g)-(h) Data Analysis and Waiver of Tests Yes § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes Additional requirements for monitoring are specified in § 63.5150(a). § 63.8(a)(4) Additional Monitoring Requirements No Subpart SSSS does not have monitoring requirements for flares. § 63.8(b) Conduct of Monitoring Yes § 63.8(c)(1) Operation and Maintenance of Continuous Monitoring System (CMS) Yes before August 24, 2020. No on and after August 24, 2020 Section 63.5150(a) specifies the requirements for the operation of CMS for capture systems and add-on control devices at sources using these to comply. § 63.8(c)(2)-(3) CMS Operation and Maintenance Yes Applies only to monitoring of capture system and add-on control device efficiency at sources using these to comply with the standards. Additional requirements for CMS operations and maintenance are specified in § 63.5170. § 63.8(c)(4)-(5) CMS Continuous Operation Procedures No Subpart SSSS does not require COMS. § 63.8(c)(6)-(8) CMS Requirements Yes Provisions only apply if CEMS are used. § 63.8(d)-(e) CMS Quality Control, Written Procedures, and Performance Evaluation Yes Provisions only apply if CEMS are used. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes EPA retains approval authority. § 63.8(f)(6) Alternative to Relative Accuracy Test No Section 63.8(f)(6) provisions are not applicable because subpart SSSS does not require CEMS. § 63.8(g) Data Reduction No Sections 63.5170, 63.5140, 63.5150, and 63.5150 specify monitoring data reduction. § 63.9(a) Notification of Applicability Yes § 63.9(b)(1) Initial Notifications Yes § 63.9(b)(2) Initial Notifications Yes With the exception that § 63.5180(b)(1) provides 2 years after the proposal date for submittal of the initial notification for existing sources. § 63.9(b)(4)(i), (b)(4)(v), (b)(5) Application for Approval of Construction or Reconstruction Yes § 63.9(c)-(e) Request for Extension of Compliance, New Source Notification for Special Compliance Requirements, and Notification of Performance Test Yes Notification of performance test requirement applies only to capture system and add-on control device performance tests at sources using these to comply with the standards. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart SSSS does not require opacity and visible emissions observations. § 63.9(g) Additional Notifications When Using CMS No Provisions for COMS are not applicable. § 63.9(h)(1)-(3) Notification of Compliance Status Yes Section 63.5130 specifies the dates for submitting the notification of compliance status. § 63.9(h)(5)-(6) Clarifications Yes § 63.9(i) Adjustment of Submittal Deadlines Yes § 63.9(j) Change in Previous Information Yes § 63.9(k) Yes Only as specified in § 63.9(j) § 63.10(a) Recordkeeping/Reporting—Applicability and General Information Yes § 63.10(b)(1) General Recordkeeping Requirements Yes Additional requirements are specified in § 63.5190. § 63.10(b)(2)(i)-(ii) Recordkeeping of Occurrence and Duration of Startups and Shutdowns and Recordkeeping of Failures to Meet Standards Yes before August 24, 2020. No on and after August 24, 2020 See § 63.5190(a)(5). § 63.10(b)(2)(iii) Maintenance Records Yes § 63.10(b)(2)(iv)-(v) Actions Taken to Minimize Emissions During Startup, Shutdown, and Malfunction Yes before August 24, 2020, No on and after August 24, 2020 See § 63.5190(a)(5). § 63.10(b)(2)(vi) Recordkeeping for CMS Malfunctions Yes before August 24, 2020, No on and after August 24, 2020 See § 63.5190(a)(5). § 63.10(b)(2)(vii)-(xiv) Other CMS Requirements Yes § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.10(c) Additional CMS Recordkeeping Requirements No See § 63.5190(a)(5). § 63.10(d)(1)-(2) General Reporting Requirements and Report of Performance Test Results Yes Additional requirements are specified in § 63.5180(e). § 63.10(d)(3) Reporting Opacity or Visible Emissions Observations No Subpart SSSS does not require opacity and visible emissions observations. § 63.10(d)(4) Progress Reports for Sources with Compliance Extensions Yes § 63.10(d)(5) Startup, Shutdown, Malfunction Reports Yes before August 24, 2020. No on and after August 24, 2020 § 63.10(e) Additional Reporting Requirements for Sources with CMS No § 63.10(f) Recordkeeping/Reporting Waiver Yes § 63.11 Control Device Requirements/Flares No Subpart SSSS does not specify use of flares for compliance. § 63.12 State Authority and Delegations Yes § 63.13(a) Addresses Yes before August 24, 2020. No on and after August 24, 2020 § 63.13(b) Submittal to State Agencies Yes § 63.13(c) Submittal to State Agencies Yes before August 24, 2020. No unless the state requires the submittal via CEDRI, on and after August 24, 2020 § 63.14 Incorporation by Reference Yes Subpart SSSS includes provisions for alternative ASTM and ASME test methods that are incorporated by reference. § 63.15 Availability of Information/Confidentiality Yes [85 FR 10868, Feb. 25, 2020, as amended at 85 FR 73908, Nov. 19, 2020] Table 3 to Subpart SSSS of Part 63—List of Hazardous Air Pollutants That Must Be Counted Toward Total Organic HAP Content if Present at 0.1 Percent or More by Mass Chemical name CAS No. 1,1,2,2-Tetrachloroethane 79-34-5 1,1,2-Trichloroethane 79-00-5 1,1-Dimethylhydrazine 57-14-7 1,2-Dibromo-3-chloropropane 96-12-8 1,2-Diphenylhydrazine 122-66-7 1,3-Butadiene 106-99-0 1,3-Dichloropropene 542-75-6 1,4-Dioxane 123-91-1 2,4,6-Trichlorophenol 88-06-2 2,4/2,6-Dinitrotoluene (mixture) 25321-14-6 2,4-Dinitrotoluene 121-14-2 2,4-Toluene diamine 95-80-7 2-Nitropropane 79-46-9 3,3′-Dichlorobenzidine 91-94-1 3,3′-Dimethoxybenzidine 119-90-4 3,3′-Dimethylbenzidine 119-93-7 4,4′-Methylene bis(2-chloroaniline) 101-14-4 Acetaldehyde 75-07-0 Acrylamide 79-06-1 Acrylonitrile 107-13-1 Allyl chloride 107-05-1 alpha-Hexachlorocyclohexane (a-HCH) 319-84-6 Aniline 62-53-3 Benzene 71-43-2 Benzidine 92-87-5 Benzotrichloride 98-07-7 Benzyl chloride 100-44-7 beta-Hexachlorocyclohexane (b-HCH) 319-85-7 Bis(2-ethylhexyl)phthalate 117-81-7 Bis(chloromethyl)ether 542-88-1 Bromoform 75-25-2 Captan 133-06-2 Carbon tetrachloride 56-23-5 Chlordane 57-74-9 Chlorobenzilate 510-15-6 Chloroform 67-66-3 Chloroprene 126-99-8 Cresols (mixed) 1319-77-3 DDE 3547-04-4 Dichloroethyl ether 111-44-4 Dichlorvos 62-73-7 Epichlorohydrin 106-89-8 Ethyl acrylate 140-88-5 Ethylene dibromide 106-93-4 Ethylene dichloride 107-06-2 Ethylene oxide 75-21-8 Ethylene thiourea 96-45-7 Ethylidene dichloride (1,1-Dichloroethane) 75-34-3 Formaldehyde 50-00-0 Heptachlor 76-44-8 Hexachlorobenzene 118-74-1 Hexachlorobutadiene 87-68-3 Hexachloroethane 67-72-1 Hydrazine 302-01-2 Isophorone 78-59-1 Lindane (hexachlorocyclohexane, all isomers) 58-89-9 m-Cresol 108-39-4 Methylene chloride 75-09-2 Naphthalene 91-20-3 Nitrobenzene 98-95-3 Nitrosodimethylamine 62-75-9 o-Cresol 95-48-7 o-Toluidine 95-53-4 Parathion 56-38-2 p-Cresol 106-44-5 p-Dichlorobenzene 106-46-7 Pentachloronitrobenzene 82-68-8 Pentachlorophenol 87-86-5 Propoxur 114-26-1 Propylene dichloride 78-87-5 Propylene oxide 75-56-9 Quinoline 91-22-5 Tetrachloroethene 127-18-4 Toxaphene 8001-35-2 Trichloroethylene 79-01-6 Trifluralin 1582-09-8 Vinyl bromide 593-60-2 Vinyl chloride 75-01-4 Vinylidene chloride 75-35-4 [85 FR 10870, Feb. 25, 2020] Subpart TTTT—National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations Source: 67 FR 9162, Feb. 27, 2002, unless otherwise noted. What This Subpart Covers § 63.5280 What is the purpose of this subpart? This subpart establishes national emission standards for hazardous air pollutants (NESHAP) for leather finishing operations. These standards limit HAP emissions from specified leather finishing operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards. § 63.5285 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a leather finishing operation that is a major source of hazardous air pollutants (HAP) emissions or that is located at, or is part of, a major source of HAP emissions. A leather finishing operation is defined in § 63.5460. In general, a leather finishing operation is a single process or group of processes used to adjust and improve the physical and aesthetic characteristics of the leather surface through multistage application of a coating comprised of dyes, pigments, film-forming materials, and performance modifiers dissolved or suspended in liquid carriers. (b) You are a major source of HAP emissions if you own or operate a plant site that emits or has the potential to emit any single HAP at a rate of 10 tons (9.07 megagrams) or more per year or any combination of HAP at a rate of 25 tons (22.68 megagrams) or more per year. (c) You are not subject to this subpart if your source finishes leather solely for the purpose of research and development. § 63.5290 What parts of my facility does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing affected source at leather finishing operations. (b) The affected source subject to this subpart is the collection of all equipment and activities used for the multistage application of finishing materials to adjust and improve the physical and aesthetic characteristics of the leather surface. This subpart applies to the leather finishing operations listed in paragraphs (b)(1) through (4) of this section and as defined in § 63.5460, whether or not the operations are collocated with leather tanning operations: (1) Upholstery leather with greater than or equal to 4 grams finish add-on per square foot of leather; (2) Upholstery leather with less than 4 grams finish add-on per square foot of leather; (3) Water-resistant/specialty leather; and (4) Nonwater-resistant leather. (c) An affected source does not include portions of your leather finishing operation that are listed in paragraphs (c)(1) and (2) of this section: (1) Equipment used solely with leather tanning operations; and (2) That portion of your leather finishing operation using a solvent degreasing process, such as in the manufacture of leather chamois, that is already subject to the Halogenated Solvent Cleaning NESHAP (40 CFR part 63, subpart T). (d) An affected source is a new affected source if you commenced construction of the affected source on or after October 2, 2000, and you meet the applicability criteria at the time you commenced construction. (e) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (f) An affected source is existing if it is not new or reconstructed. § 63.5295 When do I have to comply with this subpart? (a) If you have a new or reconstructed affected source, you must comply with this subpart according to paragraphs (a)(1) and (2) of this section: (1) If you startup your affected source before February 27, 2002, then you must comply with the emission standards for new and reconstructed sources in this subpart no later than February 27, 2002. (2) If you startup your affected source after February 27, 2002, then you must comply with the emission standards for new and reconstructed sources in this subpart upon startup of your affected source. (b) If you have an existing affected source, you must comply with the emission standards for existing sources no later than February 28, 2005. (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP and an affected source subject to this subpart, paragraphs (c)(1) and (2) of this section apply. (1) An area source that meets the criteria of a new affected source, as specified at § 63.5290(d), or a reconstructed affected source, as specified at § 63.5290(e), must be in compliance with this subpart upon becoming a major source. (2) An area source that meets the criteria of an existing affected source, as specified at § 63.5290(f), must be in compliance with this subpart no later than 3 years after it becomes a major source. (d) You must meet the notification requirements in § 63.5415 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission standards in this subpart. Standards § 63.5305 What emission standards must I meet? The emission standards limit the number of pounds of HAP lost per square foot of leather processed. You must meet each emission limit in Table 1 of this subpart that applies to you. Compliance Requirements § 63.5320 How does my affected major source comply with the HAP emission standards? (a) All affected sources must be in compliance with the requirements of this subpart at all times. (b) At all times, the owner or operator must operate and maintain any affected source, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator that may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the affected source. (c) You must perform all of the items listed in paragraphs (c)(1) through (10) of this section: (1) Submit the necessary notifications in accordance with § 63.5415. (2) Develop and implement a plan for demonstrating compliance in accordance with § 63.5325. (3) Submit the necessary reports in accordance with § 63.5420. (4) Keep a finish inventory log, as specified at § 63.5335(b), to record monthly the pounds of each type of finish applied for each leather product process operation and the mass fraction of HAP in each applied finish. You may be required to start recordkeeping prior to the compliance dates specified at § 63.5295. (5) Keep an inventory log, as specified at § 63.5430(f), to record monthly the surface area of leather processed in 1,000's of square feet for each product process operation. You may be required to start recordkeeping prior to the compliance dates specified at § 63.5295. (6) Determine the actual HAP loss from your affected source in accordance with § 63.5335. (7) Determine the allowable HAP loss for your affected source in accordance with § 63.5340. (8) Determine the compliance ratio for your affected source each month as specified at § 63.5330. The compliance ratio compares your actual HAP loss to your allowable HAP loss for the previous 12 months. (9) Maintain the compliance ratio for your affected source at or below 1.00 in accordance with § 63.5330. (10) Maintain all the necessary records you have used to demonstrate compliance with this subpart in accordance with § 63.5430. [67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3320, Feb. 12, 2019] § 63.5325 What is a plan for demonstrating compliance and when must I have one in place? (a) You must develop and implement a written plan for demonstrating compliance that provides the detailed procedures you will follow to monitor and record data necessary for demonstrating compliance with this subpart. Procedures followed for quantifying HAP loss from the source and amount of leather processed vary from source to source because of site-specific factors such as equipment design characteristics and operating conditions. Typical procedures include one or more accurate measurement methods such as weigh scales and volumetric displacement. Because the industry does not have a uniform set of procedures, you must develop and implement your own site-specific plan for demonstrating compliance not later than the compliance date for your source. You must also incorporate the plan for demonstrating compliance by reference in the source's title V permit. The plan for demonstrating compliance must include the items listed in paragraphs (a)(1) through (7) of this section: (1) The name and address of the owner or operator. (2) The physical address of the leather finishing operation. (3) Provide a detailed description of all methods of measurement your source will use to determine your finish usage, HAP content of each finish, quantity of leather processed, and leather product process operation type. (4) Specify when each measurement will be made. (5) Provide examples of each calculation you will use to determine your compliance status. Include examples of how you will convert data measured with one parameter to other terms for use in compliance determination. (6) Provide example logs of how data will be recorded. (7) Provide a quality assurance/quality control plan to ensure that the data continue to meet compliance demonstration needs. (b) You may be required to revise your plan for demonstrating compliance. We may require reasonable revisions if the procedures lack detail, are inconsistent, or do not accurately determine finish usage, HAP content of each finish, quantity of leather processed, or leather product process operation type. § 63.5330 How do I determine the compliance ratio? (a) When your source has processed leather for 12 months, you must determine the compliance ratio for your affected source by the fifteenth of each month for the previous 12 months. (b) You must determine the compliance ratio using Equation 1 of this section as follows: Where: Actual HAP Loss = Pounds of actual HAP loss for the previous 12 months, as determined in § 63.5335. Allowable HAP Loss = Pounds of allowable HAP loss for the previous 12 months, as determined in § 63.5340. (1) If the value of the compliance ratio is less than or equal to 1.00, your affected source was in compliance with the applicable HAP emission limits of this subpart for the previous month. (2) If the value of the compliance ratio is greater than 1.00, your affected source was deviating from compliance with the applicable HAP emission limits of this subpart for the previous month. § 63.5335 How do I determine the actual HAP loss? (a) This section describes the information and procedures you must use to determine the actual HAP loss from your leather finishing operation. By the fifteenth of each month, you must determine the actual HAP loss in pounds from your leather finishing operation for the previous month. (b) Use one of the procedures listed in either paragraph (b)(1) or (b)(2) of this section for determining the actual HAP loss from your affected sources. Regardless of which procedure is used to determine HAP loss, each source is still required to maintain a written or printed log that documents the total quantity of solvents/finishes used each month in the process and the mass fraction of HAP in each solvent/finish. (1) Measure Finish as Applied. (i) Finish type; (ii) Pounds (or density and volume) of each finish applied to the leather; (iii) Mass fraction of HAP in each applied finish; (iv) Date of the recorded entry; (v) Time of the recorded entry; (vi) Name of the person recording the entry; (vii) Product process operation type. (2) Chemical Inventory Mass Balance. (c) To determine the pounds of HAP loss for the previous month, you must first determine the pounds of HAP loss from each finish application according to paragraph (c)(1) or (2) of this section. (1) For facilities not using add-on emission control devices, the entire HAP content of the finishes are assumed to be released to the environment. Using the finish inventory log, multiply the pounds of each recorded finish usage by the corresponding mass fraction of HAP in the finish. The result is the HAP loss in pounds from each finish application. Sum the pounds of HAP loss from all finish applications recorded during the previous month to determine the total monthly HAP loss in pounds from your finishing operation. (2) For facilities using add-on emission control devices, the finish inventory log and the emission reduction efficiency of the add-on capture and control devices can be used to determine the net HAP loss in pounds. The emission reduction efficiency for a control device must be determined from a performance test conducted in accordance with §§ 63.5375 and 63.5380. Using the finish inventory log, multiply the pounds of each recorded finish usage by the corresponding mass fraction of HAP in the finish. The result is the gross HAP loss in pounds from each finish application prior to the add-on control device. Multiply the gross HAP loss by the percent emission reduction achieved by the add-on control device and then subtract this amount from the gross HAP loss. The result is the net HAP loss in pounds from each finish application. Sum the pounds of net HAP loss from all finish applications recorded during the previous month to determine the total monthly net HAP loss in pounds from your finishing operation. (d) After collecting HAP loss data for 12 months, you must also determine by the fifteenth of each month the annual HAP loss in pounds by summing the monthly HAP losses for the previous 12 months. The annual HAP loss is the “actual HAP loss,” which is used in Equation 1 of § 63.5330 to calculate your compliance ratio, as described in § 63.5330. [67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005] § 63.5340 How do I determine the allowable HAP loss? (a) By the fifteenth of each month, you must determine the allowable HAP loss in pounds from your leather finishing operation for the previous month. (b) To determine the allowable HAP loss for your leather finishing operation, you must select the appropriate HAP emission limit, expressed in pounds of HAP loss per 1,000 square feet of leather processed, from Table 1 of this subpart, for each type of leather product process operation performed during the previous 12 months. Under the appropriate existing or new source column, select the HAP emission limit that corresponds to each type of product process operation performed during the previous 12 months. Next, determine the annual total of leather processed in 1,000's of square feet for each product process operation in accordance with § 63.5400. Then, multiply the annual total of leather processed in each product process operation by the corresponding HAP emission limit to determine the allowable HAP loss in pounds for the corresponding leather product process operation. Finally, sum the pounds of HAP loss from all leather product process operations performed in the previous 12 months. Equation 1 of this section illustrates the calculation of allowable HAP loss as follows: Where: Annual Total of Leather Processed = 1,000's of square feet of leather processed in the previous 12 months in product process operation “i”. HAP Emission Limit = From Table 1 of this subpart, the HAP emission limit in pounds of HAP loss per 1,000 square feet of leather processed for product process operation “i”. n = Number of leather product process operation types performed during the previous 12 months. (c) The resulting “allowable HAP loss” is used in Equation 1 of § 63.5330 to calculate your compliance ratio, as described in § 63.5330. § 63.5345 How do I distinguish between the two upholstery product process operations? (a) Product process operations that finish leather for use in automobile and furniture seat coverings are categorized as an upholstery product process operation. There are two upholstery product process operations subject to the requirements of this subpart—operations with less than 4 grams of finish add-on per square foot, and operations with 4 grams or more of finish add-on per square foot. You must distinguish between the two upholstery product process operations so that you can determine which HAP emission limit in Table 1 of this subpart applies to your affected source. (b) You must determine finish add-on by calculating the difference in mass before and after the finishing process. You may use an empirical method to determine the amount of finish add-on applied during the finishing process, as described in paragraphs (b)(1) through (4) of this section: (1) Weigh a one square foot representative section of polyester film, paper, cardstock, or equivalent material substrate to be finished. This will provide an initial mass and surface area prior to starting the finishing process. (2) Use a scale with an accuracy of at least 5 percent of the mass in grams of the representative section of substrate. (3) Upon completion of these measurements, process the representative section of substrate on the finishing line as you would for a typical section of leather. (4) After the finishing and drying process, weigh the representative section of substrate to determine the final mass. Divide the net mass in grams gained on the representative section by its surface area in square feet to determine grams per square foot of finish add-on. Equation 1 of this section illustrates this calculation, as follows: Where: Finish Add-On = Grams per square foot of finish add-on applied to a representative section of polyester film or equivalent material substrate. Final Mass = Final mass in grams of representative section of polyester film or equivalent material substrate, after finishing and drying. Initial Mass = Initial mass in grams of representative section of polyester film or equivalent material substrate, prior to finishing. Surface Area = Surface area in square feet of a representative section of polyester film or equivalent material substrate. (c) Any appropriate engineering units may be used for determining the finish add-on. However, finish add-on results must be converted to the units of grams of finish add-on per square foot of leather processed. If multiple representative leather sections are analyzed, then use the average of these measurements for selecting the appropriate product process operation. (d) For each leather product with a unique finish application, you must maintain records to support how the leather product was categorized to a product process operations type. You must repeat the leather product categorization to a product process operation type no less frequently than once every 5 years if the applied finish chemical characteristics of the leather product have not changed, or when the applied finish chemical characteristics of the leather product change, whichever is sooner. [67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005] § 63.5350 How do I distinguish between the water-resistant/specialty and nonwater-resistant leather product process operations? (a) Product process operations that finish leather for nonupholstery use are categorized as either water-resistant/specialty or nonwater-resistant product process operations. You must distinguish between the water-resistant/specialty and nonwater-resistant product process operations so that you can determine which HAP emission limit in Table 1 of this subpart applies to your affected source. Water-resistant and nonwater-resistant product process operations for nonupholstery use can be distinguished using the methods described in paragraph (b) of this section. Specialty leather product process operations for nonupholstery use can be distinguished using the criteria described in paragraph (c) of this section. (b) To determine whether your product process operation produces water-resistant or nonwater-resistant leather, you must conduct the Maeser Flexes test method according to American Society for Testing and Materials (ASTM) Designation D2099-00 (incorporated by reference-see § 63.14) or a method approved by the Administrator. (1) Statistical analysis of initial water penetration data performed to support ASTM Designation D2099-00 indicates that poor quantitative precision is associated with this testing method. Therefore, at a minimum, 36 leather substrate samples ( i.e., (2) Results from leather samples indicating an average of 5,000 Maeser Flexes or more is considered a water-resistant product process operation, and results indicating less than 5,000 Maeser Flexes is considered a nonwater-resistant product process operation. However, leather samples resulting in less than 5,000 Maeser Flexes may be categorized as specialty leather in paragraph (c) of this section. (3) For each leather product with a unique finish application, you must maintain records to support how the leather product was categorized to a product process operations type. You must repeat the leather product categorization to a product process operation type no less frequently than once every 5 years if the applied finish chemical characteristics of the leather product have not changed, or when the applied finish chemical characteristics of the leather product do change, whichever is sooner. (c) To determine whether your product process operation produces specialty leather, you must meet the criteria in paragraphs (c)(1) and (2), or (c)(3) of this section: (1) The leather must be a select grade of chrome tanned, bark retanned, or fat liquored leather. (2) The leather must be retanned through the application of grease, waxes, and oil in quantities greater than 12 percent of the dry leather weight. Specialty leather is also finished with higher solvent-based finishes that provide rich color, luster, or an oily/tacky feel. Specialty leather products may include, but are not limited to, specialty shoe leather and top grade football leathers. (3) The leather must be a high-quality dress or performance shoe leather that can withstand one of the visual tests in paragraph (c)(3)(i) or (ii) of this section: (i) Moisture injection into the leather using vacuum mulling without signs of blistering. (ii) Prolonged ironing at 200 °F for smoothing out surface roughness without finish lift off. (4) For each leather product with a unique finish application, you must maintain records to support how the leather product was categorized to a product process operations type. You must repeat the leather product categorization to a product process operation type no less frequently than once every 5 years if the applied finish chemical characteristics of the leather product have not changed, or when the applied finish chemical characteristics of the leather product do change, whichever is sooner. [67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005] § 63.5355 How do I monitor and collect data to demonstrate continuous compliance? (a) You must monitor and collect data according to this section. (b) You must collect data at all required intervals as specified in your plan for demonstrating compliance as specified at § 63.5325. (c) For emission control devices, except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating. (d) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the compliance ratio, and, if an emission control device is used, in assessing the operation of the control device. § 63.5360 How do I demonstrate continuous compliance with the emission standards? (a) You must demonstrate continuous compliance with the emission standards in § 63.5305 by following the requirements in paragraphs (a)(1) and (2) of this section: (1) You must collect and monitor data according to the procedures in your plan for demonstrating compliance as specified in § 63.5325. (2) If you use an emission control device, you must comply with § 63.982(a)(2) (subpart SS of this part) and collect the monitoring data as specified therein. (3) You must maintain your compliance ratio less than or equal to 1.00, as specified at § 63.5330. (b) You must report each instance in which you did not meet the emission standards in § 63.5305. These deviations must be reported according to the requirements in § 63.5420(b). (c) You must conduct the initial compliance demonstration before the compliance date that is specified for your source in § 63.5295. [67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019] Testing and Initial Compliance Requirements § 63.5375 When must I conduct a performance test or initial compliance demonstration? You must conduct performance tests after the installation of any emission control device that reduces HAP emissions and will be used to comply with the HAP emission requirements of this subpart. You must complete your performance tests not later than 60 calendar days before the end of the 12-month period used in the initial compliance determination. [84 FR 3321, Feb. 12, 2019] § 63.5380 How do I conduct performance tests? (a) Each performance test must be conducted according to the requirements in § 63.7(e)(2) through (4) and the procedures of § 63.997(e)(1) and (2). (b) Performance tests shall be conducted under such conditions as the Administrator specifies to the owner or operator based on representative performance of the affected source for the period being tested. Representative conditions exclude periods of startup and shutdown. The owner or operator may not conduct performance tests during periods of malfunction. The owner or operator must record the process information that is necessary to document operating conditions during the test and include in such record an explanation to support that such conditions represent normal operation. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests. (c) You must conduct three separate test runs for each performance test required in this section, as specified in § 63.7(e)(3). Each test run must last at least 1 hour. [67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019] § 63.5385 How do I measure the quantity of finish applied to the leather? (a) To determine the amount of finish applied to the leather, you must measure the mass, or density, and volume of each applied finish. (b) Determine the mass of each applied finish with a scale calibrated to an accuracy of at least 5 percent of the amount measured. The quantity of all finishes used for finishing operations must be weighed or have a predetermined weight. (c) Determine the density and volume of each applied finish according to the criteria listed in paragraphs (c)(1) through (3) of this section: (1) Determine the density of each applied finish in pounds per gallon in accordance with § 63.5395. The finish density will be used to convert applied finish volumes from gallons into mass units of pounds. (2) Volume measurements of each applied finish can be obtained with a flow measurement device. For each flow measurement device, you must perform the items listed in paragraphs (c)(2)(i) through (v) of this section: (i) Locate the flow sensor and other necessary equipment such as straightening vanes in or as close to a position that provides a representative flow. (ii) Use a flow sensor with a minimum tolerance of 2 percent of the flow rate. (iii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iv) Conduct a flow sensor calibration check at least semiannually. (v) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (3) Volume measurements of each applied finish can be obtained with a calibrated volumetric container with an accuracy of at least 5 percent of the amount measured. § 63.5390 How do I measure the HAP content of a finish? (a) To determine the HAP content of a finish, the reference method is EPA Method 311 of appendix A of 40 CFR part 63. You may use EPA Method 311, an alternative method approved by the Administrator, or any other reasonable means for determining the HAP content. Other reasonable means of determining HAP content include, but are not limited to, a material safety data sheet (MSDS) or a manufacturer's hazardous air pollutant data sheet. If the HAP content is provided on a MSDS or a manufacturer's data sheet as a range of values, then the highest HAP value of the range must be used for the determination of compliance to this standard. This value must be entered on the finish log for each type of finish applied. You are not required to test the materials that you use, but the Administrator may require a test using EPA Method 311 (or another approved method) to confirm the reported HAP content. However, if the results of an analysis by EPA Method 311 are different from the HAP content determined by another means, the EPA Method 311 results will govern compliance determinations. (b) You may use the weighted average of the HAP content analysis as determined in paragraph (a) of this section for each finish when you perform one of the actions listed in paragraphs (b)(1) and (2) of this section: (1) Mix your own finishes on site. (2) Mix new quantities of finish with previous quantities of finish that may have a different HAP content. § 63.5395 How do I measure the density of a finish? (a) To determine the density of a finish, the reference method is EPA Method 24 of appendix A of 40 CFR part 60. You may use EPA Method 24, an alternative method approved by the Administrator, or any other reasonable means for determining the density of a finish. Other reasonable means of determining density include, but are not limited to, an MSDS or a manufacturer's hazardous air pollutant data sheet. If the density is provided on a MSDS or a manufacturer's data sheet as a range of values, then the highest density value of the range must be used for the determination of compliance to this standard. This value must be entered on the finish log for each type of finish applied. You are not required to test the materials that you use, but the Administrator may require a test using EPA Method 24 (or another approved method) to confirm the reported density. However, if the results of an analysis by EPA Method 24 are different from the density determined by another means, the EPA Method 24 results will govern compliance determinations. (b) You may use the weighted average of finish densities as determined in paragraph (a) of this section for each finish when you perform one of the actions listed in paragraphs (b)(1) and (2) of this section: (1) Mix your own finishes on site. (2) Mix new quantities of finish with previous quantities of finish that may have different densities. (c) Equation 1 of this section may be used to determine the weighted average of finish densities, as follows: Where: Average Weighted Density = The average weighted density of applied finishes in pounds per gallon. Mass = Pounds of finish “i” applied. Density = The density of finish “i” in pounds per gallon. n = Number of finish types applied. § 63.5400 How do I measure the quantity of leather processed? (a) This section describes the information and procedures you must use to determine the quantity of leather processed at your affected source. (1) To determine the surface area (i.e., quantity) of leather substrate processed each month at your source for each product process operation, follow the procedures in your plan for demonstrating compliance. You must consistently measure the surface area of processed leather substrate at one of the manufacturing locations listed in paragraph (a)(1)(i) or (ii) of this section: (i) Measure the surface area of processed leather upon exiting the leather finishing operation. (ii) Measure the surface area of processed leather upon shipment from the source. (2) By the fifteenth of each month, you must determine the quantity of leather processed in 1,000's of square feet for each product process operation during the previous month. After collecting data on the amount of leather processed for 12 months, you must also determine by the fifteenth of each month the annual total of leather processed in 1,000's of square feet for each product process operation by summing the monthly quantities of leather processed in each product process operation for the previous 12 months. The “annual total of leather processed” in each product process operation is used in Equation 1 of § 63.5340 to calculate your allowable HAP loss as described in § 63.5340. Your allowable HAP loss is then subsequently used to calculate your compliance ratio as described in § 63.5330. (b) To determine the surface area of leather processed at your source for each product process operation, you must use one of the methods listed in paragraphs (b)(1) and (2) of this section: (1) Premeasured leather substrate sections being supplied by another manufacturer as an input to your finishing process. (2) Measure the surface area of each piece of processed or shipped leather with a computer scanning system accurate to 0.1 square feet. The computer scanning system must be initially calibrated for minimum accuracy to the manufacturer's specifications. For similar leather production runs, use an average based on a minimum of 500 pieces of leather in lieu of individual measurements. (c) Except as provided in paragraph (d) of this section, you must include the surface area of each piece of processed leather only once when determining the monthly quantity of leather processed, regardless of the number of times a piece of leather is reprocessed through a portion of the finishing operations. (d) If a piece of leather is completely stripped of all applied finishes and reprocessed through the entire finishing operation as if it were a new piece of leather, you may recount the surface area of leather reprocessed when determining the monthly quantity of leather processed. Notifications, Reports, and Records § 63.5415 What notifications must I submit and when? (a) In accordance with §§ 63.7(b) and (c) and 63.9(b) and (h) of the General Provisions, you must submit the one-time notifications listed in paragraphs (b) through (g) of this section. (b) As specified in § 63.9(b)(2), if you start up your affected source before February 27, 2002, you must submit an Initial Notification not later than June 27, 2002, or no later than 120 days after the source becomes subject to this subpart, whichever is later. (c) In the Initial Notification, include the items in paragraphs (c)(1) through (4) of this section: (1) The name and address of the owner or operator. (2) The physical address of the leather finishing operation. (3) Identification of the relevant standard, such as the Leather Finishing Operations NESHAP, and compliance date. (4) A brief description of the source including the types of leather product process operations and nominal operating capacity. (d) As specified in § 63.9(b)(1) and (2), if you startup your new or reconstructed affected source on or after February 27, 2002, you must submit an Initial Notification not later than 120 calendar days after you become subject to this subpart. (e) If you are required to conduct a performance test, you must submit a Notification of Intent to Conduct a Performance Test at least 60 calendar days before the performance test is scheduled to begin as required in § 63.7(b)(1). (f) You must submit a Notification of Compliance Status report not later than 60 calendar days after determining your initial 12-month compliance ratio. The notification of compliance status must contain the items in paragraphs (f)(1) through (5) of this section: (1) The name and address of the owner or operator. (2) The physical address of the leather finishing operation. (3) Each type of leather product process operation performed during the previous 12 months. (4) Each HAP identified under § 63.5390 in finishes applied during the 12-month period used for the initial compliance determination. (5) A compliance status certification indicating whether the source complied with all of the requirements of this subpart throughout the 12-month period used for the initial source compliance determination. This certification must include the items in paragraphs (f)(5)(i) through (iii) of this section: (i) The plan for demonstrating compliance, as described in § 63.5325, is complete and available on site for inspection. (ii) You are following the procedures described in the plan for demonstrating compliance. (iii) The compliance ratio value was determined to be less than or equal to 1.00, or the value was determined to be greater than 1.00. (g) If your source becomes a major source on or after February 27, 2002, you must submit an initial notification not later than 120 days after you become subject to this subpart. [67 FR 9162, Feb. 27, 2002, as amended at 85 FR 73909, Nov. 19, 2020] § 63.5420 What reports must I submit and when? (a) You must submit the first annual compliance status certification 12 months after you submit the Notification of Compliance Status. Each subsequent annual compliance status certification is due 12 months after the previous annual compliance status certification. The annual compliance status certification provides the compliance status for each month during the 12-month period ending 60 days prior to the date on which the report is due. Include the information in paragraphs (a)(1) through (5) of this section in the annual certification: (1) The name and address of the owner or operator. (2) The physical address of the leather finishing operation. (3) Each type of leather product process operation performed during the 12-month period covered by the report. (4) Each HAP identified under § 63.5390, in finishes applied during the 12-month period covered by the report. (5) A compliance status certification indicating whether the source complied with all of the requirements of this subpart throughout the 12-month period covered by the report. This certification must include the items in paragraphs (a)(5)(i) and (ii) of this section: (i) You are following the procedures described in the plan for demonstrating compliance. (ii) The compliance ratio value was determined to be less than or equal to 1.00, or the value was determined to be greater than 1.00. (b) You must submit a Deviation Notification Report for each compliance determination you make in which the compliance ratio exceeds 1.00, as determined under § 63.5330. Submit the deviation report by the fifteenth of the following month in which you determined the deviation from the compliance ratio. The Deviation Notification Report must include the items in paragraphs (b)(1) through (6) of this section: (1) The name and address of the owner or operator. (2) The physical address of the leather finishing operation. (3) The 12-month period covered by the report and each type of leather product process operation performed during the 12-month period. (4) The compliance ratio comprising the deviation. You may reduce the frequency of submittal of the Deviation Notification Report if the Administrator of these NESHAP approves an alternative schedule. (5) An estimate of the quantity of HAP (in pounds) emitted during the 12 months specified in paragraph (b)(3) of this section in excess of the allowable HAP loss. Calculate this estimate of excess emissions by subtracting the allowable HAP loss determined as specified in § 63.5340 from the actual HAP loss determined as specified in § 63.5335. (6) The cause of the events that resulted in the source failing to meet an applicable standard (including unknown cause, if applicable). (c) Within 60 days after the date of completing each performance test (as defined in § 63.2) required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (c)(1) through (3) of this section. (1) For data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) For data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test, you must submit the results of the performance test to the Administrator at the appropriate address listed in § 63.13 unless the Administrator agrees to or specifies an alternate reporting method. (3) If you claim that some of the performance test information being submitted under paragraph (c)(1) of this section is confidential business information (CBI), you must submit a complete file generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website, including information claimed to be CBI, on a compact disc, flash drive or other commonly used electronic storage medium to the EPA. The electronic medium must be clearly marked as CBI and mailed to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or alternate file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (c)(1) of this section. (4) If you are required to electronically submit a report through the CEDRI in the EPA's CDX, and due to a planned or actual outage of either the EPA's CEDRI or CDX systems within the period of time beginning 5 business days prior to the date that the submission is due, you will be or are precluded from accessing CEDRI or CDX and submitting a required report within the time prescribed, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or caused a delay in reporting. You must provide to the Administrator a written description identifying the date, time and length of the outage; a rationale for attributing the delay in reporting beyond the regulatory deadline to the EPA system outage; describe the measures taken or to be taken to minimize the delay in reporting; and identify a date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) If you are required to electronically submit a report through CEDRI in the EPA's CDX and a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning 5 business days prior to the date the submission is due, the owner or operator may assert a claim of force majeure for failure to timely comply with the reporting requirement. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., [67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3321, Feb. 12, 2019] § 63.5425 When must I start recordkeeping to determine my compliance ratio? (a) If you have a new or reconstructed affected source, you must start recordkeeping to determine your compliance ratio according to one of the schedules listed in paragraphs (a)(1) and (2) of this section: (1) If the startup of your new or reconstructed affected source is before February 27, 2002, then you must start recordkeeping to determine your compliance ratio no later than February 27, 2002. (2) If the startup of your new or reconstructed affected source is after February 27, 2002, then you must start recordkeeping to determine your compliance ratio upon startup of your affected source. (b) If you have an existing affected source, you must start recordkeeping to determine your compliance ratio no later than February 27, 2004. (c) If you have a source that becomes a major source of HAP emissions after February 27, 2002, then you must start recordkeeping to determine your compliance ratio immediately upon submitting your Initial Notification, as required at § 63.5415(g). § 63.5430 What records must I keep? You must satisfy the recordkeeping requirements in paragraphs (a) through (i) of this section by the compliance date specified in § 63.5295. (a) You must keep the plan for demonstrating compliance as required at § 63.5325 onsite and readily available as long as the source is operational. If you make any changes to the plan for demonstrating compliance, then you must keep all previous versions of the plan and make them readily available for inspection for at least 5 years after each revision. (b) You must keep a copy of each notification and report that you are required to submit in accordance with this subpart. (c) You must keep records of performance tests in accordance with this subpart. (d) You must record and maintain a continuous log of finish usage as specified at § 63.5335(b). (e) You must maintain all necessary records to document the methods you used and the results of all HAP content measurements of each applied finish. (f) For each leather product process operation, you must maintain a monthly log of the items listed in paragraphs (f)(1) and (2) of this section: (1) Dates for each leather product process operation. (2) Total surface area of leather processed for each leather product process operation. (g) If you use an emission control device, you must keep records of monitoring data as specified at § 63.982(a)(2) (subpart SS of this part). (h) In the event that the compliance ratio exceeded 1.00, as determined under § 63.5330, keep a record of the information specified in paragraphs (h)(1) through (5) of this section for each exceedance. (1) The 12-month period in which the exceedance occurred, as reported in § 63.5420(b). (2) Each type of leather product process operation performed during the 12-month period in which the exceedance occurred, as reported in § 63.5420(b). (3) Estimate of the quantity of HAP (in pounds) emitted during the 12 months specified in § 63.5420(b)(3) in excess of the allowable HAP loss, as reported in § 63.5420(b). (4) Cause of the events that resulted in the source failing to meet an applicable standard (including unknown cause, if applicable), as reported in § 63.5420(b). (5) Actions taken to minimize emissions in accordance with § 63.5320(b), and any corrective actions taken to return the affected unit to its normal or usual manner of operation. (i) Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [67 FR 9162, Feb. 27, 2002, as amended at 84 FR 3322, Feb. 12, 2019] § 63.5435 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review according to § 63.10(b)(1). (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record onsite for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record according to § 63.10(b)(1). You can keep the records offsite for the remaining 3 years. Other Requirements and Information § 63.5450 What parts of the General Provisions apply to me? Table 2 of this subpart shows which parts of the General Provisions in §§ 63.1 through 63.15 apply to you. § 63.5455 Who administers this subpart? (a) This subpart can be administered by us, the United States Environmental Protection Agency (U.S. EPA), or a delegated authority such as your State, local, or tribal agency. If the U.S. EPA Administrator has delegated authority to your State, local, or tribal agency, then that agency has the primary authority to administer and enforce this subpart. You should contact your U.S. EPA Regional Office to find out if the authority to implement and enforce this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the authorities contained in paragraph (c) of this section are retained by the Administrator of U.S. EPA and are not transferred to the State, local, or tribal agency. (c) The authorities that will not be delegated to State, local, or tribal agencies are listed in paragraphs (c)(1) through (4) of this section: (1) Approval of alternatives to the emission standards in § 63.5305 under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.5460 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act, § 63.2, and in this section as follows: Area source Compliance ratio Deviation Drying Finish add-on Hazardous air pollutants (HAP) Leather Leather finishing Leather substrate Leather tanning Month Nonwater-resistant leather Product process operation Specialty leather Upholstery leather (greater than or equal to 4 grams finish add-on per square foot) Upholstery leather (less than 4 grams finish add-on per square foot) Vacuum mulling Water-resistant leather [67 FR 9162, Feb. 27, 2002, as amended at 70 FR 6360, Feb. 7, 2005; 84 FR 3322, Feb. 12, 2019] Figure 1 to Subpart TTTT of Part 63—Example Logs for Recording Leather Finish Use and HAP Content Month:____________ Year:____________ Finish Inventory Log Finish type Finish usage HAP Content Date and time Operator's name Product process operation Monthly Summary of Finish Usage Upholstery leather Upholstery leather Water-resistant/ Nonwater-resistant leather Number of Entries Total Finish Usage (pounds) Total HAP Usage (pounds) Table 1 to Subpart TTTT of Part 63—Leather Finishing HAP Emission Limits for Determining the Allowable HAP Loss As required in §§ 63.5305 and 63.5340(b), you must meet the appropriate emission limits in the following table: Type of Leather Product Process Operation HAP Emission Limit (pounds of HAP loss per 1,000 square feet of leather processed) Existing New 1. Upholstery Leather (≥4 grams add-on/square feet) 2.6 0.5 2. Upholstery Leather (<4 grams add-on/square feet) 6.8 2.5 3. Water-resistant (≥5,000 Maeser Flexes)/Specialty Leather 5.6 4.9 4. Nonwater-resistant Leather (<5,000 Maeser Flexes) 3.7 2.1 Table 2 to Subpart TTTT of Part 63—Applicability of General Provisions to Subpart TTTT As required in § 63.5450, you must meet the appropriate NESHAP General Provision requirements in the following table: General provisions citation Subject of citation Brief description of requirement Applies to Explanation § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications Yes § 63.2 Definitions Definitions for Part 63 standards Yes Except as specifically provided in this subpart. § 63.3 Units and abbreviations Units and abbreviations for Part 63 standards Yes § 63.4 Prohibited activities and circumvention Prohibited activities; compliance date; circumvention, severability Yes § 63.5 Construction/reconstruction Applicability; applications; approvals Yes Except for paragraphs of § 63.5 as listed below. § 63.5(c) [Reserved] § 63.5(d)(1)(ii)(H) Application for approval Type and quantity of HAP, operating parameters No All sources emit HAP. Subpart TTTT does not require control from specific emission points. § 63.5(d)(1)(i) [Reserved] § 63.5(d)(1)(iii), (d)(2), (d)(3)(ii) Application for approval No The requirements of the application for approval for new and reconstructed sources are described in § 63.5320(b). General provision requirements for identification of HAP emission points or estimates of actual emissions are not required. Descriptions of control and methods, and the estimated and actual control efficiency of such do not apply. Requirements for describing control equipment and the estimated and actual control efficiency of such equipment apply only to control equipment to which the subpart TTTT requirements for quantifying solvent destroyed by an add-on control device would be applicable. § 63.6 Applicability of general provisions Applicability of general provisions Yes Except for paragraphs of § 63.6 as listed below. § 63.6(b)(1)-(3) Compliance dates, new and reconstructed sources No Section § 63.5283 specifies the compliance dates for new and reconstructed sources. § 63.6(b)(6) [Reserved] § 63.6(c)(3)-(4) [Reserved] § 63.6(d) [Reserved] § 63.6(e)(1) Operation and maintenance requirements No See § 63.5320(b) for general duty requirement. § 63.6(e)(2) [Reserved] § 63.6(e)(3) Operation and maintenance requirements Startup, shutdown, and malfunction plan requirements No Subpart TTTT does not have any startup, shutdown, and malfunction plan requirements. § 63.6(f)-(g) Compliance with nonopacity emission standards except during SSM Comply with emission standards at all times except during SSM No Subpart TTTT does not have nonopacity requirements. § 63.6(h) Opacity/visible emission (VE) standards No Subpart TTTT has no opacity or visual emission standards. § 63.6(i) Compliance extension Procedures and criteria for responsible agency to grant compliance extension Yes § 63.6(j) Presidential compliance exemption President may exempt source category from requirement to comply with subpart Yes § 63.7 Performance testing requirements Schedule, conditions, notifications and procedures Yes Except for paragraphs of § 63.7 as listed below. Subpart TTTT requires performance testing only if the source applies additional control that destroys solvent. § 63.5311 requires sources to follow the performance testing guidelines of the General Provisions if a control is added. § 63.7(a)(2) (i) and (iii) Performance testing requirements Applicability and performance dates No § 63.5310(a) of subpart TTTT specifies the requirements of performance testing dates for new and existing sources. § 63.7(e)(1) Conduct of performance tests Defines representative conditions; provides an exemption from the standards for periods of startup, shutdown, and malfunction; requires that, upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests No See § 63.5380. § 63.8 Monitoring requirements Applicability, conduct of monitoring, operation and maintenance, quality control, performance evaluations, use of alternative monitoring method, reduction of monitoring data No See § 63.5360(a)(2) for monitoring requirements. § 63.9 Notification requirements Applicability and State delegation Yes Except for paragraphs of § 63.9 as listed below. § 63.9(e) Notification of performance test Notify responsible agency 60 days ahead Yes Applies only if performance testing is performed. § 63.9(f) Notification of VE/opacity observations Notify responsible agency 30 days ahead No Subpart TTTT has no opacity or visual emission standards. § 63.9(g) Additional notifications when using a continuous monitoring system (CMS) Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy No See § 63.5360(a)(2) for CMS requirements. § 63.9(h) Notification of compliance status Contents No § 63.5320(d) specifies requirements for the notification of compliance status. § 63.9(j) Notification requirements Change in previous information Yes § 63.9(k) Notification requirements Electronic reporting procedures Yes Only as specified in § 63.9(j). § 63.10 Recordkeeping/reporting Schedule for reporting, record storage Yes Except for paragraphs of § 63.10 as listed below. § 63.10(b)(2) Recordkeeping CMS recordkeeping; CMS records of startup, shutdown, and malfunction events No See § 63.5360 for CMS recordkeeping requirements, except see § 63.5430(h) for CMS recordkeeping requirements if there is a deviation from the standard. § 63.10(c) Recordkeeping Additional CMS recordkeeping No See § 63.5360(a)(2) for CMS recordkeeping requirements. § 63.10(d)(2) Reporting Reporting performance test results Yes Applies only if performance testing is performed. § 63.10(d)(3) Reporting Reporting opacity or VE observations No Subpart TTTT has no opacity or visible emission standards. § 63.10(d)(4) Reporting Progress reports Yes Applies if a condition of compliance extension. § 63.10(d)(5) Reporting Startup, shutdown, and malfunction reporting No See § 63.5420(b) for reporting requirements if there is a deviation from the standard. § 63.10(e) Reporting Additional CMS reports No See § 63.5360(a)(2) for monitoring requirements. § 63.11 Control device requirements Requirements for flares Yes Applies only if your source uses a flare to control solvent emissions. Subpart TTTT does not require flares. § 63.12 State authority and delegations State authority to enforce standards Yes § 63.13 State/regional addresses Addresses where reports, notifications, and requests are sent Yes § 63.14 Incorporation by reference Test methods incorporated by reference Yes § 63.15 Availability of information and confidentiality Public and confidential information Yes [84 FR 3322, Feb. 12, 2019, as amended at 85 FR 73909, Nov. 19, 2020] Subpart UUUU—National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing Source: 67 FR 40055, June 11, 2002, unless otherwise noted. What This Subpart Covers § 63.5480 What is the purpose of this subpart? This subpart establishes emission limits, operating limits, and work practice standards for hazardous air pollutants (HAP) emitted from cellulose products manufacturing operations. Carbon disulfide, carbonyl sulfide, ethylene oxide, methanol, methyl chloride, propylene oxide, and toluene are the HAP emitted in the greatest quantities from cellulose products manufacturing operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission limits, operating limits, and work practice standards. § 63.5485 Am I subject to this subpart? You are subject to this subpart if you own or operate a cellulose products manufacturing operation that is located at a major source of HAP emissions. (a) Cellulose products manufacturing includes both the Miscellaneous Viscose Processes source category and the Cellulose Ethers Production source category. The Miscellaneous Viscose Processes source category includes all of the operations that use the viscose process. These operations include the cellulose food casing, rayon, cellulosic sponge, and cellophane operations, as defined in § 63.5610. The Cellulose Ethers Production source category includes all of the cellulose ether operations, as defined in § 63.5610, that use the cellulose ether process. (b) A major source of HAP is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit any single HAP at a rate of 9.1 megagrams per year (Mg/yr) (10 tons per year (tpy)) or more or any combination of HAP at a rate of 23 Mg/yr (25 tpy) or more. (c) The provisions of this subpart do not apply to research and development facilities, as defined in section 112(b)(7) of the Clean Air Act (CAA), regardless of whether the facilities are located at the same plant site as an operation subject to the provisions of this subpart. (d) For cellulose ether operations, the applicability provisions in paragraph (d)(1) or (2) of this section apply. (1) The applicability provisions in §§ 63.100(a) through (f) and 63.160 apply if you are complying with the equipment leak provisions of subpart H of this part. (2) The applicability provisions in § 63.1019 apply if you are complying with the equipment leak provisions in subpart UU of this part. (e) For cellulose ether operations, the applicability provisions in §§ 63.100(a) through (f) and 63.110(a), (e) and (h) apply if you are complying with the wastewater provisions in subparts F and G of this part. § 63.5490 What parts of my plant does this subpart cover? (a) This subpart applies to each new, reconstructed, or existing affected source for the Miscellaneous Viscose Processes and Cellulose Ethers Production source categories. (b) The affected source for the Miscellaneous Viscose Processes source category is each cellulose food casing, rayon, cellulosic sponge, or cellophane operation, as defined in § 63.5610. The affected source for the Cellulose Ethers Production source category is each cellulose ether operation, as defined in § 63.5610. (c) You must consider storage vessels to be part of your process unit, as defined in § 63.5610, under either of the conditions described in paragraphs (c)(1) and (2) of this section. Otherwise, you may assign your storage vessels according to paragraph (c)(3) or (4) of this section. (1) The input to the storage vessel from your viscose process or cellulose ether process (either directly or through other storage vessels assigned to your process unit) is greater than or equal to the input from any other process. (2) The output from the storage vessel to your viscose process or cellulose ether process (either directly or through other storage vessels assigned to your process unit) is greater than or equal to the output to any other process. (3) If the greatest input to and/or output from a shared storage vessel is the same for two or more processes, including at least one viscose process or cellulose ether process, you may assign the storage vessel to any process unit that has the greatest input or output. (4) If the use varies from year to year, then you must base the determination on the utilization that occurred during the year preceding June 11, 2002 or, if the storage vessel was not operating during that year, you must base the use on the expected use for the first 5-year period after startup. You must include this determination in the Notification of Compliance Status Report specified in Table 7 to this subpart. (d) An affected source is a new affected source if you began construction of the affected source after August 28, 2000 and you met the applicability criteria in § 63.5485 at the time you began construction. (e) An affected source is reconstructed if you meet the criteria as defined in § 63.2. (f) An affected source is existing if it is not new or reconstructed. (g) For the purposes of this subpart, the definitions of new and existing affected source in paragraphs (d) through (f) of this section supersede the definitions of new and existing affected source in subparts F, G, H, U and UU of this part. [67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005] § 63.5495 When do I have to comply with this subpart? (a) If you have a new or reconstructed affected source, then you must comply with this subpart according to the requirements in paragraphs (a)(1) and (2) of this section. (1) If you start up your affected source before June 11, 2002, then you must comply with the emission limits, operating limits, and work practice standards for new and reconstructed sources in this subpart no later than June 11, 2002. (2) If you start up your affected source after June 11, 2002, then you must comply with the emission limits, operating limits, and work practice standards for new and reconstructed sources in this subpart upon startup of your affected source. (b) If you have an existing affected source, then you must comply with this subpart according to the requirements in paragraphs (b)(1) and (2) of this section. (1) Cellulose food casing, cellulosic sponge, cellophane, and cellulose ether operations must comply with the emission limits, operating limits, and work practice standards for existing sources in this subpart no later than June 13, 2005. (2) Rayon operations must comply with this subpart according to the requirements in paragraphs (b)(2)(i) through (iii) of this section. (i) Rayon operations must comply with the 35 percent reduction emission limit and associated operating limits and work practice standards for existing sources in this subpart no later than June 13, 2005. (ii) Rayon operations must comply with the work practice standard for carbon disulfide unloading and storage operations for existing sources in this subpart no later than June 13, 2005. (iii) Rayon operations must comply with the 40 percent reduction emission limit and associated operating limits and work practice standards for existing sources in this subpart no later than June 11, 2010. (c) If you have an area source that increases its emissions or its potential to emit so that it becomes a major source of HAP and an affected source subject to this subpart, then the requirements in paragraphs (c)(1) and (2) of this section apply. (1) An area source that meets the criteria of a new affected source, as specified in § 63.5490(d), or a reconstructed affected source, as specified in § 63.5490(e), must be in compliance with this subpart upon becoming a major source. (2) An area source that meets the criteria of an existing affected source, as specified in § 63.5490(f), must be in compliance with this subpart no later than 3 years after it becomes a major source. (d) You must meet the notification requirements in § 63.5575 and in subpart A of this part. Some of the notifications must be submitted before you are required to comply with the emission limits, operating limits, and work practice standards in this subpart. (e) For the purposes of this subpart, the compliance dates in this section supersede the compliance dates in subparts F, G, H, U and UU of this part. Emission Limits, Operating Limits, and Work Practice Standards § 63.5505 What emission limits, operating limits, and work practice standards must I meet? (a) You must meet each emission limit and work practice standard in Table 1 to this subpart that applies to you. (b) You must meet each operating limit in Table 2 to this subpart that applies to you. (c) As provided in § 63.6(g), you may apply to EPA for permission to use an alternative to the work practice standards in this section. (d) Opening of a safety device, as defined in § 63.5610, is allowed at any time that conditions require venting to avoid unsafe conditions. (e) The emission limits in Table 1 to this subpart used to control emissions from storage vessels do not apply during periods of planned routine maintenance. Periods of planned routine maintenance of each control device, during which the control device does not meet the emission limit specified in Table 1 to this subpart, must not exceed 240 hours per year. (f) Carbon disulfide storage tanks part of a submerged unloading and storage operation subject to this part are not subject to 40 CFR part 60, subpart Kb (Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced After July 23, 1984). [67 FR 40055, June 11, 2002, as amended at 85 FR 39994, July 2, 2020] General Compliance Requirements § 63.5515 What are my general requirements for complying with this subpart? (a) On or before December 29, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must be in compliance with the emission limits, operating limits, and work practice standards in this subpart at all times, except during periods of startup, shutdown, and malfunction. After December 29, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must be in compliance with the emission limitations in this subpart at all times. For new and reconstructed sources for which construction or reconstruction commenced after September 9, 2019, you must be in compliance with the emission limits, operating limits, and work practice standards in this subpart at all times on July 2, 2020, or immediately upon startup, whichever is later. (b) On or before December 29, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). After December 29. 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), and after September 9, 2019, for new and reconstructed sources for which construction or reconstruction commenced after September 9, 2019, you must always operate and maintain your affected source, including air pollution control and monitoring equipment in a manner consistent with good air pollution control practices for minimizing emissions at least to the levels required by this subpart. The general duty to minimize emissions does not require you to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether a source is operating in compliance with operation and maintenance requirements will be based on information available to the Administrator which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the source. (1) During the period, if any, between the compliance date specified for your affected source in § 63.5495 and the date upon which continuous monitoring systems (CMS) have been installed and validated and any applicable operating limits have been set, you must maintain a log detailing the operation and maintenance of any control technique used to comply with this subpart. (2) [Reserved] (c) On or before December 29 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), you must maintain a written startup, shutdown, and malfunction (SSM) plan according the provisions in § 63.6(e)(3). For each such source, a SSM plan is not required after December 29, 2020. No SSM plan is required for any new or reconstruction source for which construction or reconstruction commenced after September 9, 2019. (d) After you treat a wastewater stream according to the provisions of subparts F and G of this part, it is no longer subject to this subpart. (e) If you use a boiler or process heater to comply with an emission limit or work practice standard in Table 1 to this subpart, then the vent stream must be introduced into the flame zone of the boiler or process heater. (f) You are not required to conduct a performance test when you use any of the units specified in paragraphs (f)(1) through (5) of this section to comply with the applicable emission limit or work practice standard in table 1 to this subpart. You are also exempt from the continuous compliance, reporting, and recordkeeping requirements specified in tables 5 through 9 to this subpart for any of these units. This exemption applies to units used as control devices or wastewater treatment units. (1) A boiler or process heater with a design heat input capacity of 44 megawatts or greater; (2) A boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel; (3) A boiler or process heater burning hazardous waste that meets the requirements in paragraph (f)(3)(i) or (ii) of this section. (i) The boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (ii) The boiler or process heater has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (4) A hazardous waste incinerator that has been issued a final permit under 40 CFR part 270 and that complies with the requirements of 40 CFR part 264, subpart O, or that has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (5) A control device for which a performance test was conducted for determining compliance with a rule promulgated by EPA and the test was conducted using the same test methods specified in Table 4 to this subpart and either you have made no deliberate process changes since the test, or you can demonstrate that the results of the performance test with or without adjustments, reliably demonstrate compliance despite process changes. (g) For purposes of meeting any of the emission limits in Table 1 to this subpart, you may use either a single control technique or any combination of control techniques, as defined in § 63.5610. (h) You must be in compliance with the provisions of subpart A of this part, except as noted in Table 10 to this subpart. [67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005; 71 FR 20466, Apr. 20, 2006; 85 FR 39994, July 2, 2020] Testing and Initial Compliance Requirements § 63.5530 How do I demonstrate initial compliance with the emission limits and work practice standards? (a) You must demonstrate initial compliance with each emission limit and work practice standard that applies to you according to Table 3 to this subpart. You must also install and operate the monitoring equipment according to the requirements in § 63.5545 that apply to you. (b) You must establish each site-specific operating limit in Table 2 to this subpart that applies to you according to the requirements in § 63.5535 and Table 4 to this subpart UUUU. (c) You must submit the Notification of Compliance Status Report containing the results of the initial compliance demonstration according to the requirements in § 63.5575 and Table 7 to this subpart UUUU. § 63.5535 What performance tests and other procedures must I use? (a) You must conduct each performance test in Table 4 to this subpart UUUU that applies to you. (b) You must conduct each performance test for continuous process vents and combinations of batch and continuous process vents based on representative performance ( i.e., (c) [Reserved] (d) You must conduct three separate test runs for each performance test required in this section, as specified in § 63.7(e)(3). Each test run must last at least 1 hour, except as specified in § 63.490(c) for batch process vents. (e) Except as specified in § 63.490(c) for batch process vents, you may use the equations in paragraphs (e)(1) through (3) of this section as applicable to determine the control efficiency for each performance test. (1) The total organic HAP emission rate is the sum of the emission rates of the individual HAP components. You must calculate the total organic HAP emission rate at the inlet and outlet of each control device for each test run using Equation 1 of this section: Where: ER HAPt ER HAPj j = individual HAP. m = number of individual HAP sampled in each test run. (2) The total sulfide emission rate is the sum of the emission rates of the individual sulfide components, expressed as carbon disulfide. You must calculate the total sulfide emission rate at the inlet and outlet of each control device for each test run using Equation 2 of this section: Where: ER sulf t ER CS 2 ER H 2 S M CS 2 M H 2 S ER COS M COS (3) You must calculate the control efficiency for each control device for each test run using Equation 3 of this section: Where: CE = control efficiency, percent. ER i HAP t sulf t ER o HAP t sulf t (f) When a flare is used to comply with the applicable emission limit or work practice standard in Table 1 to this subpart, you must comply with the requirements in paragraphs (f)(1) through (3) of this section. You are not required to conduct a performance test to determine the control efficiency of the flare or the outlet organic HAP concentration. If you have previously conducted a compliance demonstration for a flare using the techniques specified in paragraphs (f)(1) through (3) of this section, you may use that compliance demonstration to satisfy the requirements of this paragraph if either no deliberate process changes have been made since the compliance demonstration, or the results of the compliance demonstration reliably demonstrate compliance despite process changes. (1) Conduct a visible emission test using the techniques specified in § 63.11(b)(4); (2) Determine the net heating value of the gas being combusted using the techniques specified in § 63.11(b)(6); and (3) Determine the exit velocity using the techniques specified in either § 63.11(b)(7) or (b)(8), as appropriate. (g) Viscose process affected sources must conduct a month-long initial compliance demonstration according to the requirements in paragraphs (g)(1) through (5) of this section and Table 3 to this subpart. (1) Viscose process affected sources that must use non-recovery control devices to meet the applicable emission limit in table 1 to this subpart must conduct an initial performance test of their non-recovery control devices according to the requirements in table 4 to this subpart to determine the control efficiency of their non-recovery control devices and incorporate this information in their material balance. Periodic performance tests must be conducted as specified in § 63.5541. (2) Viscose process affected sources that use recovery devices to meet the applicable emission limit in Table 1 to this subpart must determine the quantity of carbon disulfide fed to the process and the quantity of carbon disulfide recovered using the recovery device and incorporate this information in their material balance. (3) Viscose process affected sources that use viscose process changes to meet the applicable emission limit in Table 1 to this subpart must determine the quantity of carbon disulfide used before and after the process change and incorporate this information in their material balance. (4) Cellophane operations that use recovery devices to meet the 95 percent toluene emission limit in Table 1 to this subpart must determine the quantity of toluene fed to the process and the toluene recovered using the solvent recovery device and incorporate this information in their material balance. (5) Using the pertinent material balance information obtained according to paragraphs (g)(1) through (4) of this section, viscose process affected sources must calculate the monthly average percent reduction for their affected source over the month-long period of the compliance demonstration. (h) Cellulose ether affected sources using the material balance compliance demonstration must conduct a month-long initial compliance demonstration according to the requirements in paragraphs (h)(1) through (4) of this section and table 3 to this subpart. (1) Cellulose ether affected sources that must use non-recovery control devices to meet the applicable emission limit in table 1 to this subpart must conduct an initial performance test of their non-recovery control devices according to the requirements in table 4 to this subpart to determine the control efficiency of their non-recovery control devices and incorporate this information in their material balance. Periodic performance tests must be conducted as specified in § 63.5541. (2) Cellulose ether affected sources that use recovery devices to meet the applicable emission limit in table 1 to this subpart must determine the quantity of organic HAP fed to the process and the quantity of organic HAP recovered using the recovery device and incorporate this information in their material balance. (3) Cellulose ether affected sources that use cellulose ether process changes to meet the applicable emission limit in table 1 to this subpart must determine the quantity of organic HAP used before and after the process change and incorporate this information in their material balance. For cellulose ether affected sources that use extended cookout, the start point from which the percent reduction is determined must be the onset of extended cookout. (4) Using the pertinent material balance information obtained according to paragraphs (h)(1) through (3) of this section, cellulose ether affected sources must calculate the monthly average percent reduction for their affected source over the month-long period of the compliance demonstration. (i) During the period of each compliance demonstration, you must establish each site-specific operating limit in table 2 to this subpart that applies to you according to the requirements in paragraphs (i)(1) through (9) of this section. (1) For continuous, batch, and combinations of continuous and batch process vents, establish your site-specific operating limit using the procedures in § 63.505(c), except that, if you demonstrate initial compliance using a month-long compliance demonstration, references to “performance test” mean “compliance demonstration” for purposes of this subpart. (2) For condensers, record the outlet (product side) gas or condensed liquid temperature averaged over the same period as the compliance demonstration while the vent stream is routed and constituted normally. Locate the temperature sensor in a position that provides a representative temperature. (3) For thermal oxidizers, record the firebox temperature averaged over the same period as the compliance demonstration. Locate the temperature sensor in a position that provides a representative temperature. (4) For water scrubbers, record the range of the pressure drop and flow rate of the scrubber liquid over the same time period as the compliance demonstration while the vent stream is routed and constituted normally. Locate the pressure and flow sensors in a position that provides a representative measurement of the parameter. (5) For caustic scrubbers, record the range of the pressure drop, flow rate of the scrubber liquid, and pH, conductivity, or alkalinity of the scrubber liquid over the same time period as the compliance demonstration while the vent stream is routed and constituted normally. Locate the pressure sensors, flow sensors, and pH, conductivity, or alkalinity sensors in positions that provide representative measurements of these parameters. Ensure the sample is properly mixed and representative of the fluid to be measured. (6) For flares, record the presence of a pilot flame. Locate the pilot flame sensor in a position that provides an accurate and continuous determination of the presence of the pilot flame. (7) For biofilters, record the pressure drop across the biofilter beds, inlet gas temperature, and effluent pH or conductivity averaged over the same time period as the compliance demonstration while the vent stream is routed and constituted normally. Locate the pressure, temperature, and pH or conductivity sensors in positions that provide representative measurement of these parameters. Ensure the sample is properly mixed and representative of the fluid to be measured. (8) For carbon adsorbers, record the total regeneration stream mass or volumetric flow during each carbon bed regeneration cycle during the period of the compliance demonstration. Record the temperature of the carbon bed after each carbon bed regeneration cycle during the period of the compliance demonstration (and within 15 minutes of completion of any cooling cycle(s)). Record the operating time since the end of the last carbon bed regeneration cycle and the beginning of the next carbon bed regeneration cycle during the period of the compliance demonstration. Locate the temperature and flow sensors in positions that provide representative measurement of these parameters. (9) For oil absorbers, record the flow of absorption liquid through the absorber, the temperatures of the absorption liquid before and after the steam stripper, and the steam flow through the steam stripper averaged during the same period of the compliance demonstration. Locate the temperature and flow sensors in positions that provide representative measurement of these parameters. [67 FR 40055, June 11, 2002, as amended at 70 FR 46692, Aug. 10, 2005; 85 FR 39995, July 2, 2020] § 63.5540 By what date must I conduct a performance test or other initial compliance demonstration? (a) You must conduct performance tests or other initial compliance demonstrations no later than 180 calendar days after the compliance date that is specified for your source in § 63.5495 and according to the provisions in § 63.7(a)(2). § 63.5541 When must I conduct subsequent performance tests? (a) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commenced construction or reconstruction before September 9, 2019, a periodic performance test must be performed by July 2, 2023, and subsequent tests no later than 60 months thereafter. (b) For each affected source utilizing a non-recovery control device to comply with § 63.5515 that commences construction or reconstruction after September 9, 2019, a periodic performance test must be performed no later than 60 months after the initial performance test required by § 63.5535, and subsequent tests no later than 60 months thereafter. [85 FR 39995, July 2, 2020] § 63.5545 What are my monitoring installation, operation, and maintenance requirements? (a) For each CMS required in this section, you must develop and make available for inspection by the permitting authority, upon request, a site-specific monitoring plan that addresses the provisions in paragraphs (a)(1) through (3) of this section. (1) Installation of the CMS sampling probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions (e.g., on or downstream of the last control device); (2) Performance and equipment specifications for the sample interface, the pollutant concentration or parametric signal analyzer, and the data collection and reduction system; and (3) Performance evaluation procedures and acceptance criteria (e.g., calibrations). (b) In your site-specific monitoring plan, you must also address the provisions in paragraphs (b)(1) through (3) of this section. (1) Ongoing operation and maintenance procedures in accordance with the general requirements of §§ 63.8(c)(3) and (4)(ii), 63.5515(b), and 63.5580(c)(6); (2) Ongoing data quality assurance procedures in accordance with the general requirements of § 63.8(d)(2); and (3) Ongoing recordkeeping and reporting procedures in accordance with the general requirements of §§ 63.10(c), (e)(1), (e)(2)(i) and 63.5585. (c) You must conduct a performance evaluation of each CMS in accordance with your site-specific monitoring plan. (d) You must operate and maintain the CMS in continuous operation according to the site-specific monitoring plan. (e) For each continuous emissions monitoring system (CEMS), you must meet the requirements in paragraphs (e)(1) through (6) of this section. (1) Each CEMS must be installed, operated, and maintained according to the applicable performance specification (PS) listed in paragraphs (e)(1)(i) through (iv) of this section: (i) PS-7 of 40 CFR part 60, appendix B, for CEMS used to measure hydrogen sulfide emissions; (ii) PS-8 of 40 CFR part 60, appendix B, for CEMS used to measure volatile organic compound emissions; (iii) PS-9 of 40 CFR part 60, appendix B, for CEMS that use gas chromatography to measure organic HAP emissions; and (iv) PS-15 of 40 CFR part 60, appendix B, for CEMS that use Fourier transform infrared spectroscopy to measure organic HAP emissions. (2) You must conduct a performance evaluation of each CEMS according to the requirements in § 63.8, Procedure 1 of 40 CFR part 60, appendix F, and according to the applicable performance specification listed in paragraphs (e)(1)(i) through (iv) of this section. (3) As specified in § 63.8(c)(4)(ii), each CEMS must complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period. (4) The CEMS data must be reduced to operating data averages computed using valid data from at least 75 percent of the hours during the averaging period. To have a valid hour of data, you must have four or more data points equally spaced over the 1-hour period (or at least two data points during an hour when calibration, quality assurance, or maintenance activities are being performed), except as specified in paragraph (e)(5) of this section. (5) The CEMS data taken during periods in which the control devices are not functioning in controlling emissions, as indicated by periods of no flow for all or a portion of an affected source, must not be considered in the averages. (6) Determine the daily average of all recorded readings for each operating day during the semiannual reporting period described in Table 8 to this subpart. (f) For each continuous parameter monitoring system (CPMS), you must meet the requirements in paragraphs (f)(1) through (9) of this section. (1) Satisfy all requirements of performance specifications for CPMS upon promulgation of such performance specifications. (2) Satisfy all requirements of quality assurance (QA) procedures for CPMS upon promulgation of such QA procedures. (3) The CPMS must complete a minimum of one cycle of operation for each successive 15-minute period. (4) To calculate a valid hourly average, there must be at least four equally spaced values for that hour, excluding data collected during the periods described in paragraph (f)(6) of this section. (5) Have valid hourly data for at least 75 percent of the hours during the averaging period. (6) The CPMS data taken during periods in which the control devices are not functioning in controlling emissions, as indicated by periods of no flow for all or a portion of an affected source, must not be considered in the averages. (7) Calculate a daily average using all of the valid hourly averages for each operating day during the semiannual reporting period. (8) Record the results of each inspection, calibration, and validation check. (9) Except for redundant sensors, any device that is used to conduct an initial validation or accuracy audit of a CPMS must meet the accuracy requirements specified in paragraphs (f)(9)(i) and (ii) of this section. (i) The device must have an accuracy that is traceable to National Institute of Standards and Technology (NIST) standards. (ii) The device must be at least three times as accurate as the required accuracy for the CPMS. (g) If flow to a control device could be intermittent, you must install, calibrate, and operate a flow indicator at the inlet or outlet of the control device to identify periods of no flow. [67 FR 40055, June 11, 2002, as amended at 70 FR 46693, Aug. 10, 2005; 85 FR 39995, July 2, 2020] Continuous Compliance Requirements § 63.5555 How do I demonstrate continuous compliance with the emission limits, operating limits, and work practice standards? (a) You must demonstrate continuous compliance with each emission limit, operating limit, and work practice standard in Tables 1 and 2 to this subpart that applies to you according to methods specified in Tables 5 and 6 to this subpart. (b) You must report each instance in which you were not in continuous compliance (as specified in Tables 5 and 6 to this subpart) with each emission limit, each operating limit, and each work practice standard that apply to you. This includes periods of startup, shutdown, and malfunction. These instances are deviations from the emission limits, operating limits, and work practice standards in this subpart. These deviations must be reported according to the requirements in § 63.5580. (c) [Reserved] (d) For each affected source that commenced construction or reconstruction before September 9, 2019, on or before December 29, 2020, deviations that occur during a period of startup, shutdown, or malfunction are not violations if you demonstrate to the Administrator's satisfaction that you were operating in accordance with § 63.5515(b). The Administrator will determine whether deviations that occur on or before December 29, 2020, and during a period you identify as a startup, shutdown, or malfunction are violations, according to the provisions in § 63.5515(b). This section no longer applies after December 30, 2020. For new sources that commence construction or reconstruction after September 9, 2019, this section does not apply. [67 FR 40055, June 11, 2002, as amended at 71 FR 20466, Apr. 20, 2006; 85 FR 39995, July 2, 2020] § 63.5560 How do I monitor and collect data to demonstrate continuous compliance? (a) You must monitor and collect data according to this section. (b) Except for monitor malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must monitor continuously (or collect data at all required intervals) at all times that the affected source is operating, including periods of startup, shutdown, and malfunction. (c) You may not use data recorded during monitoring malfunctions, associated repairs, required quality assurance or control activities, and periods of no flow for all or a portion of an affected source in data averages and calculations used to report emission or operating levels, nor may such data be used in fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. (d) All terms in this subpart that define a period of time for completing required tasks (e.g., weekly, monthly, quarterly, or annually) refer to the standard calendar periods. (1) You may change time periods specified in this subpart for completing required tasks by mutual agreement with the Administrator, as specified in subpart A of this part. For example, a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period. For each time period that is changed by agreement, the revised period must remain in effect until it is changed. A new request is not necessary for each recurring period. (2) Where the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, then you must comply according to the schedule specified in paragraph (d)(2)(i) or (ii) of this section, as appropriate. (i) You must comply before the end of the standard calendar period within which the compliance deadline occurs, if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed quarterly, or at least 3 months for tasks that must be performed annually; or (ii) In all instances where a provision of this subpart requires completing a task during each of multiple successive periods, you may perform the required task at any time during the specified period, provided that the task is conducted at a reasonable interval after completion of the task during the previous period. Notifications, Reports, and Records § 63.5575 What notifications must I submit and when? You must submit each notification in Table 7 to this subpart that applies to you by the date specified in Table 7 to this subpart. Initial notifications and Notification of Compliance Status Reports shall be electronically submitted in portable document format (PDF) following the procedure specified in § 63.5580(g). [85 FR 39995, July 2, 2020] § 63.5580 What reports must I submit and when? (a) You must submit each report in Table 8 to this subpart that applies to you. (b) Unless the Administrator has approved a different schedule for submitting reports under § 63.10, you must submit each compliance report by the date in Table 8 to this subpart and according to the requirements in paragraphs (b)(1) through (6) of this section. (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.5495 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.5495. (2) The first compliance report must be submitted no later than August 31 or February 28, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.5495. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be submitted no later than August 31 or February 28, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 40 CFR part 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (6) Prior to December 29, 2020, all compliance reports submitted by mail must be postmarked or delivered no later than the dates specified in paragraphs (b)(1) through (5). Beginning on December 29, 2020, you must submit all compliance reports following the procedure specified in paragraph (g) of this section by the dates specified in paragraphs (b)(1) through (5). (c) The compliance report must contain the information in paragraphs (c)(1) through (6) of this section. (1) Company name and address. (2) Statement by a responsible official, with that official's name, title, and signature, certifying that, based on information and belief formed after reasonable inquiry, the statements and information in the report are true, accurate, and complete. (3) Date of report and beginning and ending dates of the reporting period. (4) Before December 30, 2020, for each existing source (and for each new or reconstructed source for which construction or reconstruction commenced on or before September 9, 2019), if you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your SSM plan, the compliance report must include the information in § 63.10(d)(5)(i). After December 29, 2020, you are no longer required to report the information in § 63.10(d)(5)(i). No SSM plan is required for any new or reconstruction source for which construction or reconstruction commenced after September 9, 2019. (5) If there are no deviations from any emission limits, operating limits, or work practice standards that apply to you (see Tables 5 and 6 to this subpart), the compliance report must contain a statement that there were no deviations from the emission limits, operating limits, or work practice standards during the reporting period. (6) If there were no periods during which the CMS was out-of-control, the compliance report must contain a statement that there were no periods during which the CMS was out-of-control during the reporting period. You must include specifications for out-of-control operation in the quality control plan required under § 63.8(d)(2). (d) For each deviation from an emission limit or work practice standard that occurs at an affected source where you are not using a CMS to demonstrate continuous compliance with the emission limits or work practice standards in this subpart (see Table 5 to this subpart), the compliance report must contain the information in paragraphs (c)(1) through (4) and (d)(1) and (2) of this section. This includes periods of startup, shutdown, and malfunction. (1) The total operating time of each affected source during the reporting period. (2) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (e) For each deviation from an emission limit or operating limit occurring at an affected source where you are using a CMS to demonstrate continuous compliance with the emission limit or operating limit in this subpart (see Tables 5 and 6 to this subpart), you must include the information in paragraphs (c)(1) through (4) and (e)(1) through (14) of this section. This includes periods of SSM. (1) The date and time that each malfunction started and stopped. (2) The date, time, and duration that each CMS was inoperative, except for zero (low-level) and high-level checks. (3) The date, time, and duration that each CMS was out-of-control. (4) The date and time that each deviation started and stopped, and whether each deviation occurred during a period of startup, shutdown, or malfunction or during another period. (5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to startup, shutdown, control equipment problems, process problems, other known causes, and other unknown causes. (7) A summary of the total duration of CMS downtime during the reporting period and the total duration of CMS downtime as a percent of the total source operating time during that reporting period. (8) An identification of each HAP that is known to be in the emission stream at the affected source. (9) A brief description of the process units. (10) A brief description of the CMS. (11) The date of the latest CEMS certification or audit or CPMS inspection, calibration, or validation check. (12) A description of any changes in CMS, processes, or controls since the last reporting period. (13) The operating day average values of monitored parameters. (14) An estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions. (f) If you have obtained a title V operating permit according to 40 CFR part 70 or 40 CFR part 71, you must report all deviations as defined in this subpart in the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A). If you submit a compliance report according to Table 8 to this subpart along with, or as part of, the semiannual monitoring report required by 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any emission limit, operating limit, or work practice standard in this subpart, then submitting the compliance report will satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submitting a compliance report will not otherwise affect any obligation you may have to report deviations from permit requirements to the permit authority. (g) If you are required to submit notifications or reports following the procedure specified in this paragraph, you must submit notifications or reports to the EPA via the Compliance and Emissions Data Reporting Interface (CEDRI), which can be accessed through the EPA's Central Data Exchange (CDX) ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (h) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (h)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) at the time of the test. https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. (3) Confidential business information (CBI). (i) Within 60 days after the date of completing each CMS performance evaluation (as defined in § 63.2), you must submit the results of the performance evaluation following the procedures specified in paragraphs (i)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. (3) Confidential business information (CBI). (j) If you are required to electronically submit a report or notification through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (j)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of the EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (k) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (k)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [67 FR 40055, June 11, 2002, as amended at 85 FR 39995, July 2, 2020] § 63.5585 What records must I keep? You must keep the records in Table 9 to this subpart that apply to you. § 63.5590 In what form and how long must I keep my records? (a) Your records must be in a form suitable and readily available for expeditious review, according to § 63.10(b)(1). (b) As specified in § 63.10(b)(1), you must keep each record for 5 years following the date of each occurrence, measurement, maintenance, corrective action, report, or record. (c) You must keep each record onsite for at least 2 years after the date of each occurrence, measurement, maintenance, corrective action, report, or record, according to § 63.10(b)(1). You can keep the records offsite for the remaining 3 years. (d) You may keep records in hard copy or computer-readable form including, but not limited to, paper, microfilm, computer, floppy disk, magnetic tape, or microfiche. (e) Any records required to be maintained by this part that are submitted electronically via EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [67 FR 40055, June 11, 2002, as amended at 85 FR 39997, July 2, 2020] Other Requirements and Information § 63.5595 What compliance options do I have if part of my affected source is subject to both this subpart and another subpart? (a) For any Group 1 or Group 2 wastewater stream that is subject to the wastewater provisions in this subpart and the wastewater provisions in 40 CFR parts 260 through 272, you must comply with the requirements of either paragraph (a)(1) or (2) of this section. (1) You must comply with more stringent control, testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subpart and the provisions of 40 CFR parts 260 through 272. You must keep a record of the information used to determine which requirements were the most stringent and submit this information if requested by the Administrator. (2) You must submit, no later than 4 months before the applicable compliance date specified in § 63.5495, a request for a case-by-case determination of requirements. The request must include the information specified in paragraphs (a)(2)(i) and (ii) of this section. (i) Identification of the wastewater streams that are subject to this subpart and to provisions in 40 CFR parts 260 through 272, determination of the Group 1/Group 2 status of those streams, determination of whether or not those streams are listed or exhibit a characteristic as specified in 40 CFR part 261, and determination of whether the waste management unit is subject to permitting under 40 CFR part 270. (ii) Identification of the specific control, testing, monitoring, recordkeeping, and reporting requirements that overlap between the provisions of this subject and the provisions of 40 CFR parts 260 through 272. (b) If any combustion device, recovery device, or recapture device, as defined in § 63.111, subject to this subpart is also subject to the monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subpart AA or CC, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subpart AA or CC, and you comply with the periodic reporting requirements under 40 CFR part 264, subpart AA or CC, that would apply to the device if the affected source had final-permitted status, you may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart, or with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, as described in this paragraph (b), which will constitute compliance with the monitoring, recordkeeping, and reporting requirements of this subpart. You must identify which option has been selected in the Notification of Compliance Status Report required in § 63.5575 and Table 7 to this subpart. § 63.5600 What other requirements apply to me? (a) Table 10 to this subpart shows which provisions of the General Provisions in §§ 63.1 through 63.15 apply to you. (b) For the purposes of this subpart, the applicable subpart A requirements in Table 10 to this subpart supersede the applicable subpart A requirements in subparts F, G, H, U and UU of this part. § 63.5605 Who implements and enforces this subpart? (a) This subpart can be implemented and enforced by us, the US Environmental Protection Agency (EPA), or a delegated authority, such as your State, local, or tribal agency. If the Administrator has delegated authority to your State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. You should contact your EPA Regional Office to find out if this subpart is delegated to your State, local, or tribal agency. (b) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under subpart E of this part, the Administrator keeps the authorities contained in paragraphs (b)(1) through (4) of this section and does not delegate such authorities to a State, local, or tribal agency. (1) Approval of alternatives to the non-opacity emission limits, operating limits, and work practice standards in § 63.5505(a) through (c) and under § 63.6(g). (2) Approval of major alternatives to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90. (3) Approval of major alternatives to monitoring under § 63.8(f) and as defined in § 63.90. (4) Approval of major alternatives to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90. § 63.5610 What definitions apply to this subpart? (a) For all affected sources complying with the batch process vent testing provisions in § 63.490(c) and the operating limit provisions in § 63.505(c), the terms used in this subpart and in subpart U of this part are defined in § 63.482 and paragraph (g) of this section. (b) For all affected sources complying with the closed-vent system and bypass line requirements in § 63.148, the terms used in this subpart and in subpart G of this part are defined in § 63.111 and paragraph (g) of this section. (c) For all affected sources complying with the heat exchanger system requirements in § 63.104, the terms used in this subpart and in subpart F of this part are defined in § 63.101 and paragraph (g) of this section. (d) For cellulose ether affected sources complying with the maintenance wastewater, process wastewater, and liquid stream in open system requirements of subparts F and G of this part, the terms used in this subpart and in subparts F and G of this part are defined in §§ 63.101 and 63.111 and paragraph (g) of this section. (e) For cellulose ether affected sources complying with the equipment leak requirements of subpart H of this part, the terms used in this subpart and in subpart H of this part are defined in § 63.161 and paragraph (g) of this section. (f) For cellulose ether affected sources complying with the equipment leak requirements of subpart UU of this part, the terms used in this subpart and in subpart UU of this part are defined in § 63.1020 and paragraph (g) of this section. (g) All other terms used in this subpart have the meaning given them in § 63.2 and this paragraph (g). If a term is defined in § 63.2, § 63.101, § 63.111, § 63.161, or § 63.1020 and in this paragraph (g), the definition in this paragraph (g) applies for purposes of this subpart. Bottoms receiver Carbon disulfide unloading and storage operation Cellophane Cellophane operation Cellophane process unit Cellulose ether Cellulose ether operation Cellulose ether process (1) A manufacturing process that includes the following process steps: (i) Reaction of cellulose (e.g., wood pulp or cotton linters) with sodium hydroxide to produce alkali cellulose; (ii) Reaction of the alkali cellulose with a chemical compound(s), such as ethylene oxide, propylene oxide, methyl chloride, or chloroacetic acid, to produce a particular cellulose ether; (iii) Washing and purification of the cellulose ether; and (iv) Drying of the cellulose ether. (2) Solids handling steps downstream of the drying process are not considered part of the cellulose ether process. Cellulose ether process change Cellulose ether process unit Cellulose Ethers Production source category Cellulose food casing Cellulose food casing operation Cellulose food casing process unit Cellulosic sponge Cellulosic sponge operation Cellulosic sponge process unit Closed-loop system Control technique Deviation (1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit, or work practice standard; (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limit, operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Emission point Extended cookout (ECO) Miscellaneous Viscose Processes source category Nitrogen storage system Nitrogen unloading and storage system Nitrogen unloading system Non-recovery control device Oil absorber Onsite Process vent Rayon Rayon operation Rayon process unit Recovery device Responsible official Safety device Solvent coating process Storage vessel (1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; (2) Pressure vessels designed to operate in excess of 204.9 kilopascals (30 pounds per square inch) and without emissions to the atmosphere; (3) Vessels with capacities smaller than 38 cubic meters (10,000 gallons); (4) Vessels and equipment storing and/or handling material that contains no HAP or contains HAP as impurities only; (5) Bottoms receiver tanks; (6) Surge control vessels; (7) Wastewater storage vessels; and (8) Storage vessels assigned to another process unit regulated under another subpart of part 63. Surge control vessel Total HAP Total sulfide Viscose process (1) A manufacturing process that includes the following process steps: (i) Reaction of cellulose (e.g., wood pulp) with sodium hydroxide to produce alkali cellulose; (ii) Reaction of alkali cellulose with carbon disulfide to produce sodium cellulose xanthate; (iii) Combination of sodium cellulose xanthate with additional sodium hydroxide to produce viscose solution; (iv) Extrusion of the viscose into various shapes (e.g., hollow casings, thin fibers, thin sheets, molds); (v) Regeneration of the cellulose product; (vi) Washing of the cellulose product; and (vii) Possibly acid or salt recovery. (2) The cellulose products manufactured using the viscose process include cellulose food casings, rayon, cellulosic sponges, and cellophane. Viscose process change Wastewater (1) Contains either: (i) An annual average concentration of organic HAP (listed in Table 9 to subpart G of this part) of at least 5 parts per million by weight (ppmw) and has an annual average flow rate of 0.02 liter per minute or greater; or (ii) An annual average concentration of organic HAP (listed in Table 9 to subpart G of this part) of at least 10,000 ppmw at any flow rate. (2) Is discarded from a cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit that is part of an affected source. Wastewater is process wastewater or maintenance wastewater. Water storage system Water unloading and storage system Water unloading system Work practice standard [67 FR 40055, June 11, 2002, as amended at 70 FR 36524, June 24, 2005; 70 FR 46693, Aug. 10, 2005] Table 1 to Subpart UUUU of Part 63—Emission Limits and Work Practice Standards As required in § 63.5505(a), you must meet the appropriate emission limits and work practice standards in the following table: For . . . at . . . you must . . . 1. the sum of all viscose process vents a. each existing cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 25% based on a 6-month rolling average; b. each new cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75% based on a 6-month rolling average; c. each existing rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 35% within 3 years after the effective date based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; and d. each new rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75% based on a 6-month rolling average; e. each existing or new cellulosic sponge operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75% based on a 6-month rolling average; f. each existing or new cellophane operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75% based on a 6-month rolling average; 2. the sum of all solvent coating process vents a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95% based on a 6-month rolling average; 3. the sum of all cellulose ether process vents a. each existing or new cellulose ether operation i. reduce total uncontrolled organic HAP emissions by at least 99%; 4. closed-loop systems each existing or new cellulose ether operation comply by operating the closed-loop system. 5. each carbon disulfide unloading and storage operation a. each existing or new viscose process affected source i. reduce uncontrolled carbon disulfide emissions by at least 83% from unloading and storage operations based on a 6-month rolling average if you use an alternative control technique not listed in this table source for carbon disulfide unloading and storage operations; if using a control device to reduce emissions, route emissions through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; 6. each toluene storage vessel a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95% based on a 6-month rolling average; 7. equipment leaks a. each existing or new cellulose ether operation i. comply with the applicable equipment leak standards of §§ 63.162 through 63.179, except that references to “process unit” mean “cellulose ether process unit” for the purposes of this subpart; or 8. all sources of wastewater emissions each existing or new cellulose ether operation comply with the applicable wastewater provisions of §§ 63.105 and 63.132 through 63.140. 9. liquid streams in open systems each existing or new cellulose ether operation comply with the applicable provisions or § 63.149, except that references to “chemical manufacturing process unit” ether means “cellulose ether process unit” for the purposes of this subpart. 10. closed-vent system used to route emissions to a control device each existing or new affected source (except for retractable hoods over sulfuric acid baths at a cellophane operation) conduct annual inspections, repair leaks, and maintain records as specified in § 63.148. 11. closed-vent system containing a bypass line that could divert a vent stream away from a control device, except for equipment needed for safety purposes (described in § 63.148(f)(3) a. each existing or new affected source (except for retractable hoods over sulfuric acid baths at a cellophane operation) (i) install, calibrate, maintain, and operate a flow indicator as specified in § 63.148(f)(1); or 12. heat exchanger system that cools process equipment or materials in the process unit each existing or new affected source monitor and repair the heat exchanger system according to § 63.104(a) through (e), except that references to “chemical manufacturing process unit” mean “cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit” for the purposes of this subpart. [67 FR 40055, June 11, 2002, as amended at 70 FR 46694, Aug. 10, 2005] Table 2 to Subpart UUUU of Part 63—Operating Limits As required in § 63.5505(b), you must meet the appropriate operating limits in the following table: For the following control technique . . . you must . . . 1. condenser maintain the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration. 2. thermal oxidizer a. for periods of normal operation, maintain the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup demonstrating that the oxidizer was properly operating ( e.g., 3. water scrubber a. for periods of normal operation, maintain the daily average scrubber pressure drop and scrubber liquid flow rate within the range of values established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or, reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer's recommendations, or other site-specific operating values established for normal operating periods. 4. caustic scrubber a. for periods of normal operation, maintain the daily average scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity within the range of values established during the compliance demonstration; b. after December 29, 2020, for existing sources (and new or reconstructed sources for which construction or reconstruction commenced on or before September 9, 2019), and on July 2, 2020, or immediately upon startup, whichever is later for new or reconstructed sources for which construction or reconstruction commenced after September 9, 2019, maintain documentation for periods of startup and shutdown to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer's recommendations, or other site-specific operating values established for normal operating periods. 5. flare maintain the presence of a pilot flame. 6. biofilter maintain the daily average biofilter inlet gas temperature, biofilter effluent pH or conductivity, and pressure drop within the operating values established during the compliance demonstration. 7. carbon absorber maintain the regeneration frequency, total regeneration adsorber stream mass or volumetric flow during carbon bed regeneration, and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values established during the compliance demonstration. 8. oil absorber maintain the daily average absorption liquid flow, absorption liquid temperature, and steam flow within the values established during the compliance demonstration. 9. any of the control techniques specified in this table if using a CEMS, maintain the daily average control efficiency of each control device no lower than the value established during the compliance demonstration. 10. any of the control techniques specified in this table a. if you wish to establish alternative operating parameters, submit the application for approval of the alternative operating parameters no later than the notification of the performance test or CEMS performance evaluation or no later than 60 days prior to any other initial compliance demonstration; b. the application must include: Information justifying the request for alternative operating parameters (such as the infeasibility or impracticality of using the operating parameters in this final rule); a description of the proposed alternative control device operating parameters; the monitoring approach; the frequency of measuring and recording the alternative parameters; how the operating limits are to be calculated; and information documenting that the alternative operating parameters would provide equivalent or better assurance of compliance with the standard; c. install, operate, and maintain the alternative parameter monitoring systems in accordance with the application approved by the Administrator; d. establish operating limits during the initial compliance demonstration based on the alternative operating parameters included in the approved application; and e. maintain the daily average alternative operating parameter values within the values established during the compliance demonstration. 11. alternative control technique a. submit for approval no later than the notification of the performance test or CEMS performance evaluation or no later than 60 days prior to any other initial compliance demonstration a proposed site-specific plan that includes: A description of the alternative control device; test results verifying the performance of the control device; the appropriate operating parameters that will be monitored; and the frequency of measuring and recording to establish continuous compliance with the operating limits; b. install, operate, and maintain the parameter monitoring system for the alternative control device in accordance with the plan approved by the Administrator; c. establish operating limits during the initial compliance demonstration based on the operating parameters for the alternative control device included in the approved plan; and d. maintain the daily average operating parameter values for the alternative control technique within the values established during the compliance demonstration. [85 FR 39997, July 2, 2020] Table 3 to Subpart UUUU of Part 63—Initial Compliance With Emission Limits and Work Practice Standards As required in §§ 63.5530(a) and 63.5535(g) and (h), you must demonstrate initial compliance with the appropriate emission limits and work practice standards according to the requirements in the following table: For . . . at . . . for the following emission limit or work practice standard . . . you have demonstrated initial compliance if . . . 1. the sum of all viscose process vents a. each existing cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 25 percent based on a 6-month rolling average; (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 25 percent; b. each new cellulose food casing operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 75 percent; c. each existing rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 35 percent within 3 years after the effective date based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; and (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 35 percent within 3 years after the effective date; ii. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 40 percent within 8 years after the effective date based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 40 percent within 8 years after the effective date; d. each new rayon operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent; based on a 6-month rolling average; (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 75 percent; e. each existing or new cellulosic sponge operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 75 percent; f. each existing or new cellophane operation i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least 75 percent based on a 6-month rolling average; (1) the average uncontrolled total sulfide emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 75 percent; 2. the sum of all solvent coating process vents a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; (1) the average uncontrolled toluene emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 95 percent; 3. the sum of all cellulose ether process vents a. each existing or new cellulose ether operation using a performance test to demonstrate initial compliance; or i. reduce total uncontrolled organic HAP emissions by at least 99 percent; (1) average uncontrolled total organic HAP emissions, measured during the performance test or determined using engineering estimates are reduced by at least 99 percent; b. each existing or new cellulose ether operation using a material balance compliance demonstration to demonstrate initial compliance i. reduce total uncontrolled organic HAP emissions by at least 99 percent based on a 6-month rolling average; (1) average uncontrolled total organic HAP emissions, determined during the month-long compliance demonstration or using engineering estimates are reduced by at least 99 percent; 4. closed-loop systems each existing or new cellulose ether operation operate and maintain the closed-loop system for cellulose ether operations. you have a record certifying that a closed-loop system is in use for cellulose ether operations. 5. each carbon disulfide unloading and storage operation a. each existing or new viscose process affected source i. reduce uncontrolled carbon disulfide emissions by at least 83 percent from unloading and storage operations based on a 6-month rolling average if you use an alternative control technique not listed in this table for carbon disulfide unloading and storage operations; if using a control device to reduce emissions, route emissions through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; (1) you have a record documenting the 83-percent reduction in uncontrolled carbon disulfide emissions; and ii. reduce uncontrolled carbon disulfide by at least 0.14 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; (1) you comply with the initial compliance requirements for viscose process vents at existing or new cellulose food casing, rayon, cellulosic sponge, or cellophane operations, as applicable; iii. install a nitrogen unloading and storage system; or you have a record certifying that a nitrogen unloading and storage system is in use; or iv. install a nitrogen unloading system; reduce uncontrolled carbon disulfide by at least 0.045 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. (1) you have a record certifying that a nitrogen unloading system is in use; 6. each toluene storage vessel a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; (1) the average uncontrolled toluene emissions, determined during the month-long compliance demonstration or using engineering assessments, are reduced by at least 95 percent; 7. equipment leaks a. each existing or new cellulose ether operation i. comply with the applicable equipment leak standards of §§ 63.162 through 63.179; or you comply with the applicable requirements described in the Notification of Compliance Status Report provisions in § 63.182(a)(2) and (c)(1) through (3), except that references to the term “process unit” mean “cellulose ether process unit” for the purposes of this subpart; or ii. comply with the applicable equipment leak standards of §§ 63.1021 through 63.1027. you comply with the applicable requirements described in the Initial Compliance Status Report provisions of § 63.1039(a), except that references to the term “process unit” mean “cellulose ether process unit” for the purposes of this subpart. 8. all sources of wastewater emissions each existing or new cellulose ether operation comply with the applicable wastewater provisions of § 63.105 and §§ 63.132 through 63.140. you comply with the applicability and Group 1/Group 2 determination provisions of § 63.144 and the initial compliance provisions of §§ 63.105 and 63.145. 9. liquid streams in open systems each existing or new cellulose ether operation comply with the applicable provisions of § 63.149, except that references to “chemical manufacturing process unit” mean “cellulose ether process unit” for the purposes of this subpart. you install emission suppression equipment and conduct an initial inspection according to the provisions of §§ 63.133 through 63.137. 10. closed-vent system used to route emissions to a control device a. each existing or new affected source i. conduct annual inspections, repair leaks, and maintain records as specified in § 63.148. (1) you conduct an initial inspection of the closed-vent system and maintain records according to § 63.148; 11. closed-vent system containing a bypass line that could divert a vent stream away from a control device, except for equipment needed for safety purposes (described in § 63.148(f)(3)) a. each existing or new affected source i. install, calibrate, maintain, and operate a flow indicator as specified in § 63.148(f)(1); or you have a record documenting that you installed a flow indicator as specified in Table 1 to this subpart; or ii. secure the bypass line valve in the closed position with a car-seal or lock-and-key type configuration and inspect the seal or closure mechanism at least once per month as specified in § 63.148(f)(2) you have record documenting that you have secured the bypass line valve as specified in Table 1 to this subpart. 12. heat exchanger system that cools process equipment or materials in the process unit a. each existing or new affected source i. monitor and repair the heat exchanger system according to § 63.104(a) through (e), except that references to “chemical manufacturing process unit” mean “cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit” for the purposes of this subpart. (1) you determine that the heat exchanger system is exempt from monitoring requirements because it meets one of the conditions in § 63.104(a)(1) through (6), and you document this finding in your Notification of Compliance Status Report; or [85 FR 39998, July 2, 2020] Table 4 to Subpart UUUU of Part 63—Requirements for Performance Tests As required in §§ 63.5530(b) and 63.5535(a), (b), (g)(1), and (h)(1), you must conduct performance tests, other initial compliance demonstrations, and CEMS performance evaluations and establish operating limits according to the requirements in the following table: For . . . at . . . you must . . . using . . . according to the following 1. the sum of all process vents a. each existing or new affected source i. select sampling port's location and the number of traverse points; EPA Method 1 or 1A in appendix A-1 to part 60 of this chapter; sampling sites must be located at the inlet and outlet to each control device; ii. determine velocity and volumetric flow rate; EPA Method 2, 2A, 2C, 2D, 2F, or 2G in appendices A-1 and A-2 to part 60 of this chapter; you may use EPA Method 2A, 2C, 2D, 2F, or 2G as an alternative to using EPA Method 2, as appropriate; iii. conduct gas analysis; and, (1) EPA Method 3, 3A, or 3B in appendix A-2 to part 60 of this chapter; or, you may use EPA Method 3A or 3B as an alternative to using EPA Method 3; or, (2) ASME PTC 19.10-1981—Part 10 (incorporated by reference—see § 63.14); and, you may use ASME PTC 19.10-1981—Part 10 as an alternative to using the manual procedures (but not instrumental procedures) in EPA Method 3B. iv. measure moisture content of the stack gas. EPA Method 4 in appendix A-3 to part 60 of this chapter. 2. the sum of all viscose process vents a. each existing or new viscose process source i. measure total sulfide emissions. (1) EPA Method 15 in appendix A-5 to part 60 of this chapter; or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (2) carbon disulfide and/or hydrogen sulfide CEMS, as applicable; (a) you must measure emissions at the inlet and outlet of each control device using CEMS; 3. the sum of all solvent coating process vents a. each existing or new cellophane operation i. measure toluene emissions. (1) EPA Method 18 in appendix A-6 to part 60 of this chapter, or Method 320 in appendix A to part 63; or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (2) ASTM D6420-99 (Reapproved 2010) (incorporated by reference—see § 63.14); or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (3) ASTM D6348-12e1 (incorporated by reference—see § 63.14). (a) you must conduct testing of emissions at the inlet and outlet of each control device; i.e., 4. the sum of all cellulose ether process vents a. each existing or new cellulose ether operation i. measure total organic HAP emissions. (1) EPA Method 18 in appendix A-6 to part 60 of this chapter or Method 320 in appendix A to this part, or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (2) ASTM D6420-99 (Reapproved 2010); or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (3) ASTM D6348-12e1. (a) you must conduct testing of emissions at the inlet and outlet of each control device; i.e., (4) EPA Method 25 in appendix A-7 to part 60 of this chapter; or (a) you must conduct testing of emissions at the inlet and outlet of each control device; (5) EPA Method 25A in appendix A-7 to part 60 of this chapter. (a) you must conduct testing of emissions at the inlet and outlet of each control device; 5. each toluene storage vessel a. each existing or new cellophane operation i. measure toluene emissions. (1) EPA Method 18 in appendix A-6 to part 60 of this chapter or Method 320 in appendix A to this part; or (a) if venting to a control device to reduce emissions, you must conduct testing of emissions at the inlet and outlet of each control device; (2) ASTM D6420-99; or (a) if venting to a control device to reduce emissions, you must conduct testing of emissions at the inlet and outlet of each control device; (3) ASTM D6348-12e1. (a) you must conduct testing of emissions at the inlet and outlet of each control device; i.e., 6. the sum of all process vents controlled using a flare each existing or new affected source measure visible emissions. EPA Method 22 in appendix A-7 to part 60 of this chapter. you must conduct the flare visible emissions test according to § 63.11(b). 7. equipment leaks a. each existing or new cellulose ether operation i. measure leak rate. (1) applicable equipment leak test methods in § 63.180; or you must follow all requirements for the applicable equipment leak test methods in § 63.180; or (2) applicable equipment leak test methods in § 63.1023. you must follow all requirements for the applicable equipment leak test methods in § 63.1023. 8. all sources of wastewater emissions a. each existing or new cellulose ether operation i. measure wastewater HAP emissions. (1) applicable wastewater test methods and procedures in §§ 63.144 and 63.145; or (a) You must follow all requirements for the applicable wastewater test methods and procedures in §§ 63.144 and 63.145; or (2) applicable wastewater test methods and procedures in §§ 63.144 and 63.145, using ASTM D5790-95 (Reapproved 2012) (incorporated by reference—see § 63.14) as an alternative to EPA Method 624 in appendix A to part 163 of this chapter. (a) you must follow all requirements for the applicable waste water test methods and procedures in §§ 63.144 and 63.145, except that you may use ASTM D5790-95 (Reapproved 2012) as an alternative to EPA Method 624, under the condition that this ASTM method be used with the sampling procedures of EPA Method 25D or an equivalent method. 9. any emission point a. each existing or new affected source using a CEMS to demonstrate compliance i. conduct a CEMS performance evaluation. (1) applicable requirements in § 63.8 and applicable performance specification (PS-7, PS-8, PS-9, or PS-15) in appendix B to part 60 of this chapter. (a) you must conduct the CEMS performance evaluation during the period of the initial compliance demonstration according to the applicable requirements in § 63.8 and the applicable performance specification (PS-7, PS-8, PS-9, or PS-15) of 40 CFR part 60, appendix B; [85 FR 40003, July 2, 2020] Table 5 to Subpart UUUU of Part 63—Continuous Compliance With Emission Limits and Work Practice Standards As required in § 63.5555(a), you must demonstrate continuous compliance with the appropriate emission limits and work practice standards according to the requirements in the following table: For . . . at . . . for the following emission limit or work practice standard . . . you must demonstrate continuous compliance by . . . 1. the sum of all viscose process vents a. each existing or new viscose process affected source i. reduce total uncontrolled sulfide emissions (reported as carbon disulfide) by at least the specified percentage based on a 6-month rolling average; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; 2. the sum of all solvent coating process vents a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; 3. the sum of all cellulose ether process vents a. each existing or new cellulose ether operation using a performance test to demonstrate initial compliance; or i. reduce total uncontrolled organic HAP emissions by at least 99 percent; (1) complying with the continuous compliance requirements for closed-vent systems; or b. each existing or new cellulose ether operation using a material balance compliance demonstration to demonstrate initial compliance i. reduce total uncontrolled organic HAP emissions by at least 99 percent based on a 6-month rolling average; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total organic HAP emissions; 4. closed-loop systems each existing or new cellulose ether operation operate and maintain a closed-loop system. keeping a record certifying that a closed-loop system is in use for cellulose ether operations. 5. each carbon disulfide unloading and storage operation a. each existing or new viscose process affected source i. reduce uncontrolled carbon disulfide emissions by at least 83 percent based on a 6-month rolling average if you use an alternative control technique not listed in this table for carbon disulfide unloading and storage operations; if using a control device to reduce emissions, route emissions through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; (1) keeping a record documenting the 83 percent reduction in carbon disulfide emissions; and ii. reduce total uncontrolled sulfide emissions by at least 0.14 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of total sulfide emissions; iii. install a nitrogen unloading and storage system; or Keeping a record certifying that a nitrogen unloading and storage system is in use; or iv. install a nitrogen unloading system; reduce total uncontrolled sulfide emissions by at least 0.045 percent from viscose process vents based on a 6-month rolling average; for each vent stream that you control using a control device, route the vent stream through a closed-vent system to the control device; and comply with the work practice standard for closed-vent systems. (1) keeping a record certifying that a nitrogen unloading system is in use; 6. each toluene storage vessel a. each existing or new cellophane operation i. reduce uncontrolled toluene emissions by at least 95 percent based on a 6-month rolling average; (1) maintaining a material balance that includes the pertinent data used to determine the percent reduction of toluene emissions; 7. equipment leaks a. each existing or new cellulose ether operation i. applicable equipment leak standards of §§ 63.162 through 63.179; or complying with the applicable equipment leak continuous compliance provisions of §§ 63.162 through 63.179; or complying with the applicable equipment leak continuous compliance provisions of §§ 63.1021 through 63.1037. 8. all sources of wastewater emissions each existing or new cellulose either operation applicable wastewater provisions of § 63.105 and §§ 63.132 through 63.140. complying with the applicable wastewater continuous compliance provisions of §§ 63.105, 63.143, and 63.148. 9. liquid streams in open systems each existing or new cellulose ether operation comply with the applicable provisions of § 63.149, except that references to “chemical manufacturing process unit” mean “cellulose ether process unit” for the purposes of this subpart. conducting inspections, repairing failures, documenting delay of repair, and maintaining records of failures and corrective actions according to §§ 63.133 through 63.137. 10. closed-vent system used to route emissions to a control device each existing or new affected source conduct annual inspections, repair leaks, maintain records as specified in § 63.148. conducting the inspections, repairing leaks, and maintaining records according to § 63.148. 11. closed-vent system containing a bypass line that could divert a vent stream away from a control device, except for equipment needed for safety purposes (described in § 63.148(f)(3) a. each existing or new affected source i. install, calibrate, maintain, and operate a flow indicator as specified in § 63.148(f)(1); or (1) taking readings from the flow indicator at least once every 15 minutes; ii. secure the bypass line valve in the closed position with a car-seal or lock-and-key type configuration and inspect the seal or mechanism at least once per month as specified in § 63.148(f)(2). (1) maintaining a record of the monthly visual inspection of the seal or closure mechanism for the bypass line; and 12. heat exchanger system that cools process equipment or materials in the process unit a. each existing or new affected source i. monitor and repair the heat exchanger system according to § 63.104(a) through (e), except that references to “chemical manufacturing process unit” mean “cellulose food casing, rayon, cellulosic sponge, cellophane, or cellulose ether process unit” for the purposes of this subpart. (1) monitoring for HAP compounds, other substances, or surrogate indicators at the frequency specified in § 63.104(b) or (c); [85 FR 40012, July 2, 2020] Table 6 to Subpart UUUU of Part 63—Continuous Compliance With Operating Limits As required in § 63.5555(a), you must demonstrate continuous compliance with the appropriate operating limits according to the requirements in the following table: For the following control technique . . . for the following operating limit . . . you must demonstrate continuous compliance by . . . 1. condenser maintain the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration collecting the condenser outlet gas or condensed liquid temperature data according to § 63.5545; reducing the condenser outlet gas temperature data to daily averages; and maintaining the daily average condenser outlet gas or condensed liquid temperature no higher than the value established during the compliance demonstration. 2. thermal oxidizer a. for normal operations, maintain the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration collecting the thermal oxidizer firebox temperature data according to § 63.5545; reducing the thermal oxidizer firebox temperature data to daily averages; and maintaining the daily average thermal oxidizer firebox temperature no lower than the value established during the compliance demonstration. b. for periods of startup, maintain documentation demonstrating that the oxidizer was properly operating ( e.g., collecting the appropriate, site-specific data needed to demonstrate that the oxidizer was properly operating prior to emission unit start up; and excluding firebox temperature from the daily averages during emission unit startup. 3. water scrubber a. for periods of normal operation, maintain the daily average scrubber pressure drop and scrubber liquid flow rate within the range of values established during the compliance demonstration collecting the scrubber pressure drop and scrubber liquid flow rate data according to § 63.5545; reducing the scrubber parameter data to daily averages; and maintaining the daily scrubber parameter values within the range of values established during the compliance demonstration. b. for periods of startup and shutdown, maintain documentation to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer's recommendations, or other site-specific operating values established for normal operating periods. collecting the appropriate, site-specific data needed to demonstrate that the scrubber was operating properly during emission unit startup and emission unit shutdown; and excluding parameters from the daily average calculations. 4. caustic scrubber a. for periods of normal operation, maintain the daily average scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity within the range of values established during the compliance demonstration collecting the scrubber pressure drop, scrubber liquid flow rate, and scrubber liquid pH, conductivity, or alkalinity data according to § 63.5545; reducing the scrubber parameter data to daily averages; and maintaining the daily scrubber parameter values within the range of values established during the compliance demonstration. b. for periods of startup and shutdown, maintain documentation to confirm that the scrubber is operating properly prior to emission unit startup and continues to operate properly until emission unit shutdown is complete. Appropriate startup and shutdown operating parameters may be based on equipment design, manufacturer's recommendations, or other site-specific operating values established for normal operating periods. collecting the appropriate, site-specific data needed to demonstrate that the scrubber was operating properly during emission unit startup and emission unit shutdown; and excluding parameters from the daily average calculations. 5. flare maintain the presence of a pilot flame collecting the pilot flame data according to § 63.5545; and maintaining the presence of the pilot flame. 6. biofilter maintain the daily average biofilter inlet gas temperature, biofilter effluent pH or conductivity, and pressure drop within the values established during the compliance demonstration collecting the biofilter inlet gas temperature, biofilter effluent pH or conductivity, and biofilter pressure drop data according to § 63.5545; reducing the biofilter parameter data to daily averages; and maintaining the daily biofilter parameter values within the values established during the compliance demonstration. 7. carbon absorber maintain the regeneration frequency, total regeneration stream mass or volumetric flow during carbon bed regeneration and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle within the values established during the compliance demonstration collecting the data on regeneration frequency, total regeneration stream mass or volumetric flow during carbon bed regeneration and temperature of the carbon bed after regeneration (and within 15 minutes of completing any cooling cycle(s)) for each regeneration cycle according to § 63.5545; and maintaining carbon absorber parameter values for each regeneration cycle within the values established during the compliance demonstration. 8. oil absorber maintain the daily average absorption liquid flow, absorption liquid temperature, and steam flow within the values established during the compliance demonstration collecting the absorption liquid flow, absorption liquid temperature, and steam flow data according to § 63.5545; reducing the oil absorber parameter data to daily averages; and maintaining the daily oil absorber parameter values within the values established during the compliance demonstration. 9. any of the control techniques specified in this table if using a CEMS, maintain the daily average control efficiency for each control device no lower than the value established during the compliance demonstration collecting CEMS emissions data at the inlet and outlet of each control device according to § 63.5545; determining the control efficiency values for each control device using the inlet and outlet CEMS emissions data; reducing the control efficiency values for each control device to daily averages; and maintaining the daily average control efficiency for each control device no lower than the value established during the compliance demonstration. [85 FR 40014, July 2, 2020] Table 7 to Subpart UUUU of Part 63—Notifications As required in §§ 63.5490(c)(4), 63.5530(c), 63.5575, and 63.5595(b), you must submit the appropriate notifications specified in the following table: If you . . . then you must . . . 1. are required to conduct a performance test submit a notification of intent to conduct a performance test at least 60 calendar days before the performance test is scheduled to begin, as specified in §§ 63.7(b)(1) and 63.9(e). 2. are required to conduct a CMS performance evaluation submit a notification of intent to conduct a CMS performance evaluation at least 60 calendar days before the CMS performance evaluation is scheduled to begin, as specified in §§ 63.8(e)(2) and 63.9(g). 3. wish to use an alternative monitoring method submit a request to use alternative monitoring method no later than the notification of the initial performance test or CMS performance evaluation or 60 days prior to any other initial compliance demonstration, as specified in § 63.8(f)(4). 4. start up your affected source before June 11, 2002 submit an initial notification no later than 120 days after June 11, 2002, or no later than 120 after the source becomes subject to this subpart, whichever is later, as specified in § 63.9(b)(2). 5. start up your new or reconstructed source on or after June 11, 2002 submit an initial notification no later than 120 days after you become subject to this subpart, as specified in § 63.9(b)(3). 6. cannot comply with the relevant standard by the applicable compliance date submit a request for extension of compliance no later than 120 days before the compliance date, as specified in §§ 63.9(c) and 63.6(i)(4). 7. are subject to special requirements as specified in § 63.6(b)(3) and (4) notify the Administrator of your compliance obligations no later than the initial notification dates established in § 63.9(b) for new sources not subject to the special provisions, as specified in § 63.9(d). 8. are required to conduct visible emission observations to determine the compliance of flares as specified in § 63.11(b)(4) notify the Administrator of the anticipated date for conducting the observations specified in § 63.6(h)(5), as specified in §§ 63.6(h)(4) and 63.9(f). 9. are required to conduct a performance test or other initial compliance demonstration as specified in Table 3 to this subpart a. submit a Notification of Compliance Status Report, as specified in § 63.9(h); 10. comply with the equipment leak requirements of subpart H of this part for existing or new cellulose ether affected sources comply with the notification requirements specified in § 63.182(a)(1) and (2), (b), and (c)(1) through (3) for equipment leaks, with the Notification of Compliance Status Reports required in subpart H included in the Notification of Compliance Status Report required in this subpart. 11. comply with the equipment leak requirements of subpart UU of this part for existing or new cellulose ether affected sources comply with the notification requirements specified in § 63.1039(a) for equipment leaks, with the Notification Compliance Status Reports required in subpart UU of this part included in the Notification of Compliance Status Report required in this subpart. 12. comply with the wastewater requirements of subparts F and G of this part for existing or new cellulose ether affected sources comply with the notification requirements specified in §§ 63.146(a) and (b), 63.151, and 63.152(a)(1) through (3) and (b)(1) through (5) for wastewater, with the Notification of Compliance Status Reports required in subpart G of this part included in the Notification of Compliance Status Report required in this subpart. [85 FR 40015, July 2, 2020, as amended at 85 FR 73909, Nov. 19, 2020] Table 8 to Subpart UUUU of Part 63—Reporting Requirements As required in § 63.5580, you must submit the appropriate reports specified in the following table: You must submit a compliance report, which must contain the following information . . . and you must submit the report . . . 1. if there are no deviations from any emission limit, operating limit, or work practice standard during the reporting period, then the report must contain the information specified in § 63.5580(c); semiannually as specified in § 63.5580(b); beginning on December 29, 2020, submit all subsequent reports following the procedure specified in § 63.5580(g). 2. if there were no periods during which the CMS was out-of-control, then the report must contain the information specified in § 63.5580(c)(6); 3. if there is a deviation from any emission limit, operating limit, or work practice standard during the reporting period, then the report must contain the information specified in § 63.5580(c) and (d); 4. if there were periods during which the CMS was out-of-control, then the report must contain the information specified in § 63.5580(e); 5. for sources which commenced construction or reconstruction on or before September 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions consistent with your SSM plan, then the report must contain the information specified in § 63.10(d)(5)(i); 6. for sources which commenced construction or reconstruction on or before September 9, 2019, if prior to December 29, 2020, you had a startup, shutdown, or malfunction during the reporting period and you took actions that are not consistent with your SSM plan, then the report must contain the information specified in § 63.10(d)(5)(ii); 7. the report must contain any changes in information already provided, as specified in § 63.9(j), except changes in major source status must be reported per § 63.9(j); 8. for cellulose ether affected sources complying with the equipment leak requirements of subpart H of this part, the report must contain the information specified in § 63.182(a)(3) and (6) and (d)(2) through (4); 9. for cellulose ether affected sources complying with the equipment leak requirements of subpart UU of this part, the report must contain the information specified in § 63.1039(b); 10. for cellulose ether affected sources complying with the wastewater requirements of subparts F and G of this part, the report must contain the information specified in §§ 63.146(c) through (e) and 63.152(a)(4) and (5) and (c) through (e); 11. for affected sources complying with the closed-vent system provisions in § 63.148, the report must contain the information specified in § 63.148(j)(1); 12. for affected sources complying with the bypass line provisions in § 63.148(f), the report must contain the information specified in § 63.148(j)(2) and (3); 13. for affected sources invoking the delay of repair provisions in § 63.104(e) for heat exchanger systems, the next compliance report must contain the information in § 63.104(f)(2)(i) through (iv); if the leak remains unrepaired, the information must also be submitted in each subsequent compliance report until the repair of the leak is reported; and 14. for storage vessels subject to the emission limits and work practice standards in Table 1 to Subpart UUUU, the report must contain the periods of planned routine maintenance during which the control device does not comply with the emission limits or work practice standards in Table 1 to this subpart. [85 FR 40016, July 2, 2020, as amended at 85 FR 73909, Nov. 19, 2020] Table 9 to Subpart UUUU of Part 63—Recordkeeping Requirements As required in § 63.5585, you must keep the appropriate records specified in the following table: If you operate . . . then you must keep . . . and the record(s) must contain . . . 1. an existing or new affected source a copy of each notification and report that you submitted to comply with this subpart all documentation supporting any Initial Notification or Notification of Compliance Status Report that you submitted, according to the requirements in § 63.10(b)(2)(xiv), and any compliance report required under this subpart. 2. an existing or new affected source that commenced construction or reconstruction on or before September 9, 2019 a. the records in § 63.6(e)(3)(iii) through (iv) related to startup, shutdown, and malfunction prior to December 30, 2020 i. SSM plan; b. records related to startup and shutdown, failures to meet the standard, and actions taken to minimize emissions after December 29, 2020 i. record the date, time, and duration of each startup and/or shutdown period, including the periods when the affected source was subject to the alternative operating parameters applicable to startup and shutdown; 3. a new or reconstructed affected source that commenced construction or reconstruction after September 9, 2019 a. records related to startup and shutdown, failures to meet the standard, and actions taken to minimize emissions i. record the date, time, and duration of each startup and/or shutdown period, including the periods when the affected source was subject to alternative operating parameters applicable to startup and shutdown; 4. an existing or new affected source a. a site-specific monitoring plan i. information regarding the installation of the CMS sampling source probe or other interface at a measurement location relative to each affected process unit such that the measurement is representative of control of the exhaust emissions ( e.g., e.g., 5. an existing or new affected source records of performance tests and CEMS performance evaluations, as required in § 63.10(b)(2)(viii) and any other initial compliance demonstrations all results of performance tests, CEMS performance evaluations, and any other initial compliance demonstrations, including analysis of samples, determination of emissions, and raw data. 6. an existing or new affected source a. records for each CEMS i. records described in § 63.10(b)(2)(vi) through (xi); 7. an existing or new affected source a. records for each CPMS i. records required in Table 6 to Subpart UUUU to show continuous compliance with each operating limit that applies to you; and 8. an existing or new cellulose ether affected ether source records of closed-loop systems records certifying that a closed-loop system is in use for cellulose ether operations. 9. an existing or new viscose process affected source records of nitrogen unloading and storage systems or nitrogen unloading systems records certifying that a nitrogen unloading and storage systems or nitrogen unloading system is in use. 10. an existing or new viscose process affected source records of material balances all pertinent data from the material balances used to estimate the 6-month rolling average percent reduction in HAP emissions. 11. an existing or new viscose process affected source records of calculations documenting the percent reduction in HAP emissions using pertinent data from the material balances. 12. an existing or new cellulose ether affected source a. extended cookout records i. the amount of HAP charged to the reactor; 13. an existing or new cellulose ether affected source a. equipment leak records i. the records specified in § 63.181 for equipment leaks; or 14. an existing or new cellulose ether affected source wastewater records the records specified in §§ 63.105, 63.147, and 63.152(f) and (g) for wastewater. 15. an existing or new affected source closed-vent system records the records specified in § 63.148(i). 16. an existing or new affected source a. bypass line records i. hourly records of flow indicator operation and detection of any diversion during the hour and records of all periods when the vent stream is diverted from the control stream or the flow indicator is not operating; or 17. an existing or new affected source heat exchanger system records records of the results of inspections and repair according to source § 63.104(f)(1). 18. an existing or new affected source control device maintenance records records of planned routine maintenance for control devices used to comply with the percent reduction emission limit for storage vessels in Table 1 to Subpart UUUU. 19. an existing or new affected source safety device records a record of each time a safety device is opened to avoid unsafe conditions according to § 63.5505(d). [85 FR 40017, July 2, 2020] Table 10 to Subpart UUUU of Part 63—Applicability of General Provisions to Subpart UUUU As required in §§ 63.5515(h) and 63.5600, you must comply with the appropriate General Provisions requirements specified in the following table: Citation Subject Brief description Applies to § 63.1 Applicability Initial applicability determination; applicability after standard established; permit requirements; extensions, notifications Yes. § 63.2 Definitions Definitions for part 63 standards Yes. § 63.3 Units and Abbreviations Units and abbreviations for part 63 standards Yes. § 63.4 Prohibited Activities and Circumvention Prohibited activities; compliance date; circumvention, severability Yes. § 63.5 Preconstruction Review and Notification Requirements Preconstruction review requirements of section 112(i)(1) Yes. § 63.6(a) Applicability General provisions apply unless compliance extension; general provisions apply to area sources that become major Yes. § 63.6(b)(1) through (4) Compliance Dates for New and Reconstructed sources Standards apply at effective date; 3 years after effective date; upon startup; 10 years after construction or reconstruction commences for CAA section 112(f) Yes. § 63.6(b)(5) Notification Must notify if commenced construction or reconstruction after proposal Yes. § 63.6(b)(6) [Reserved] § 63.6(b)(7) Compliance Dates for New and Reconstructed Area Sources That Become Major Area sources that become major must comply with major source and standards immediately upon becoming major, regardless of whether required to comply when they were an area source Yes. § 63.6(c)(1) and (2) Compliance Dates for Existing Sources Comply according to date in subpart, which must be no later than 3 years after effective date; for CAA section 112(f) standards, comply within 90 days of effective date unless compliance extension Yes. § 63.6(c)(3) and (4) [Reserved] § 63.6(c)(5) Compliance Dates for Existing Area Sources That Become Major Area sources that become major must comply with major source standards by date indicated in subpart or by equivalent time period ( e.g., Yes. § 63.6(d) [Reserved] § 63.6(e)(1)(i) General Duty to Minimize Emissions You must operate and maintain affected source in a manner consistent with safety and good air pollution control practices for minimizing emissions No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b) for general duty requirement. § 63.6(e)(1)(ii) Requirement to Correct Malfunctions ASAP You must correct malfunctions as soon as practicable after their occurrence No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. § 63.6(e)(1)(iii) Operation and Maintenance Requirements Operation and maintenance requirements are enforceable independent of emissions limitations or other requirements in relevant standards Yes. § 63.6(e)(2) [Reserved] § 63.6(e)(3) SSM Plan Requirement for SSM and SSM plan; content of SSM plan No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.6(f)(1) SSM Exemption You must comply with emission standards at all times except during SSM No, see 40 CFR 63.5515(a). § 63.6(f)(2) and (3) Methods for Determining Compliance/Finding of Compliance Compliance based on performance test, operation and maintenance plans, records, inspection Yes. § 63.6(g)(1) through (3) Alternative Standard Procedures for getting an alternative standard Yes. § 63.6(h)(1) SSM Exemption You must comply with opacity and visible emission standards at all times except during SSM No, see CFR 63.5515(a). § 63.6(h)(2) through (9) Opacity and Visible Emission (VE) Standards Requirements for opacity and visible emission limits Yes, but only for flares for which EPA Method 22 observations are required under § 63.11(b). § 63.6(i)(1) through (16) Compliance Extension Procedures and criteria for Administrator to grant compliance extension Yes. § 63.6(j) Presidential Compliance Exemption President may exempt source category from requirement to comply with subpart Yes. § 63.7(a)(1) and (2) Performance Test Dates Dates for conducting initial performance test; testing and other compliance demonstrations; must conduct 180 days after first subject to subpart Yes. § 63.7(a)(3) Section 114 Authority Administrator may require a performance test under CAA section 114 at any time Yes. § 63.7(b)(1) Notification of Performance Test Must notify Administrator 60 days before the test Yes. § 63.7(b)(2) Notification of Rescheduling If rescheduling a performance test is necessary, must notify Administrator 5 days before scheduled date of rescheduled test Yes. § 63.7(c) Quality Assurance and Test Plan Requirement to submit site-specific test plan 60 days before the test or on date Administrator agrees with; test plan approval procedures; performance audit requirements; internal and external QA procedures for testing No. § 63.7(d) Testing Facilities Requirements for testing facilities Yes. § 63.7(e)(1) Performance Testing Performance tests must be conducted under representative conditions; cannot conduct performance tests during SSM; not a violation to exceed standard during SSM No, see § 63.5535 and Table 4. § 63.7(e)(2) Conditions for Conducting Performance Tests Must conduct according to this subpart and EPA test methods unless Administrator approves alternative Yes. § 63.7(e)(3) Test Run Duration Must have three test runs of at least 1 hour each; compliance is based on arithmetic mean of three runs; conditions when data from an additional test run can be used Yes. § 63.7(f) Alternative Test Method Procedures by which Administrator can grant approval to use an alternative test method Yes. § 63.7(g) Performance Test Data Analysis Must include raw data in performance test report; must submit performance test data 60 days after end of test with the Notification of Compliance Status Report; keep data for 5 years Yes. § 63.7(h) Waiver of Tests Procedures for Administrator to waive performance test Yes. § 63.8(a)(1) Applicability of Monitoring Requirements Subject to all monitoring requirements in standard Yes. § 63.8(a)(2) Performance Specifications Performance specifications in appendix B of 40 CFR part 60 apply Yes. § 63.8(a)(3) [Reserved] § 63.8(a)(4) Monitoring with Flares Unless your subpart says otherwise, the requirements for flares in § 63.11 apply Yes. § 63.8(b)(1) Monitoring Must conduct monitoring according to standard unless Administrator approves alternative Yes. § 63.8(b)(2) and (3) Multiple Effluents and Multiple Monitoring Systems Specific requirements for installing monitoring systems; must install on each effluent before it is combined and before it is released to the atmosphere unless Administrator approves otherwise; if more than one monitoring system on an emission point, must report all monitoring system results, unless one monitoring system is a backup Yes. § 63.8(c)(1) and (c)(1)(i) General Duty to Minimize Emissions and CMS Operation Maintain monitoring system in a manner consistent with good air pollution control practices No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(b). § 63.8(c)(1)(ii) Parts for Routine Repairs Keep parts for routine repairs readily available Yes. § 63.8(c)(1)(iii) Requirements to develop SSM Plan for CMS Develop a written SSM plan for CMS No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.8(c)(2) and (3) Monitoring System Installation Must install to get representative emission of parameter measurements; must verify operational status before or at performance test Yes. § 63.8(c)(4) CMS Requirements CMS must be operating except during breakdown, out-of control, repair, maintenance, and high-level calibration drifts No. Replaced with language in § 63.5560. § 63.8(c)(4)(i) and (ii) CMS Requirements Continuous opacity monitoring systems (COMS) must have a minimum of one cycle of sampling and analysis for each successive 10-second period and one cycle of data recording for each successive 6-minute period; CEMS must have a minimum of one cycle of operation for each successive 15-minute period Yes, except that § 63.8(c)(4)(i) does not apply because subpart UUUU does not require COMS. § 63.8(c)(5) COMS Minimum Procedures COMS minimum procedures No. Subpart UUUU does not require COMS. § 63.8(c)(6) CMS Requirements Zero and high level calibration check requirements; out-of-control periods No. Replaced with language in § 63.5545. § 63.8(c)(7) and (8) CMS Requirements Out-of-control periods, including reporting No. Replaced with language in § 63.5580(c)(6). § 63.8(d) CMS Quality Control Requirements for CMS quality control, including calibration, etc.; must keep quality control plan on record for 5 years; keep old versions for 5 years after revisions; program of correction action to be included in plan required under § 63.8(d)(2) No, except for requirements in § 63.8(d)(2). § 63.8(e) CMS Performance Evaluation Notification, performance evaluation test plan, reports Yes, except that § 63.8(e)(5)(ii) does not apply because subpart UUUU does not require COMS. § 63.8(f)(1) through (5) Alternative Monitoring Method Procedures for Administrator to approve alternative monitoring Yes, except that no site-specific test plan is required. The request to use an alternative monitoring method must be submitted with the notification of performance test or CEMS performance evaluation or 60 days prior to any initial compliance demonstration. § 63.8(f)(6) Alternative to Relative Accuracy Test Procedures for Administrator to approve alternative relative accuracy tests for CEMS Yes. § 63.8(g)(1) through (4) Data Reduction COMS 6-minute averages calculated over at least 36 evenly spaced data points; CEMS 1-hour averages computed over at least four equally spaced data points; data that cannot be used in average No. Replaced with language in § 63.5545(e). § 63.8(g)(5) Data Reduction Data that cannot be used in computing averages for CEMS and COMS No. Replaced with language in § 63.5560(b). § 63.9(a) Notification Requirements Applicability and State delegation Yes. § 63.9(b)(1) through (5) Initial Notifications Submit notification subject 120 days after effective date; notification of intent to construct or reconstruct; notification of commencement of construction or reconstruction; notification of startup; contents of each Yes. § 63.9(c) Request for Compliance Extension Can request if cannot comply by date or if installed BACT/LAER Yes. § 63.9(d) Notification of Special Compliance Requirements for New Source For sources that commence construction between proposal and promulgation and want to comply 3 years after effective date Yes. § 63.9(e) Notification of Performance Test Notify Administrator 60 days prior Yes. § 63.9(f) Notification of VE or Opacity Test Notify Administrator 30 days prior Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment. § 63.9(g) Additional Notifications When Using CMS Notification of performance evaluation; notification using COMS data; notification that exceeded criterion for relative accuracy Yes, except that § 63.9(g)(2) does not apply because subpart UUUU does not require COMS. § 63.9(h)(1) through (6) Notification of Compliance Status Report Contents; due 60 days after end of performance test or other compliance demonstration, except for opacity or VE, which are due 30 days after; when to submit to federal vs. state authority Yes, except that Table 7 to this subpart specifies the submittal date for the notification. The contents of the notification will also include the results of EPA Method 22 observations required as part of a flare compliance assessment. § 63.9(i) Adjustment of Submittal Deadlines Procedures for Administrator to approve change in when notifications must be submitted Yes. § 63.9(j) Change in previous information Must submit within 15 days of the change Yes, except the notification for all but change in major source status must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart. § 63.9(k) Electronic reporting procedures Procedure for electronically reporting the notification required by § 63.9(j) Yes, as specified in § 63.9(j). § 63.10(a) Recordkeeping and Reporting Applies to all, unless compliance extension; when to submit to federal vs. state authority; procedures for owners of more than one source Yes. § 63.10(b)(1) Recordkeeping and Reporting General requirements; keep all records readily available; keep for 5 years Yes. § 63.10(b)(2)(i) Recordkeeping of Occurrence and Duration of Startups and Shutdowns Records of occurrence and duration of each startup or shutdown that causes source to exceed emission limitation No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019.For all other affected sources, Yes before December 29, 2020, and No thereafter. § 63.10(b)(2)(ii) Recordkeeping of Failures to Meet a Standard Records of occurrence and duration of each malfunction of operation or air pollution control and monitoring equipment No, see Table 9 for recordkeeping of (1) date, time and duration; (2) listing of affected source or equipment, and an estimate of the quantity of each regulated pollutant emitted over the standard; and (3) actions to minimize emissions and correct the failure. § 63.10(b)(2)(iii) Maintenance Records Records of maintenance performed on air pollution control and monitoring equipment Yes. § 63.10(b)(2)(iv) and (v) Actions Taken to Minimize Emissions During SSM Records of actions taken during SSM to minimize emissions No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. § 63.10(b)(2)(vi), (x), and (xi) CMS Records Malfunctions, inoperative, out-of-control; calibration checks, adjustments, maintenance Yes. § 63.10(b)(2)(vii) through (ix) Records Measurements to demonstrate compliance with emission limits; performance test, performance evaluation, and opacity/VE observation results; measurements to determine conditions of performance tests and performance evaluations Yes, including results of EPA Method 22 observations required as part of a flare compliance assessment. § 63.10(b)(2)(xii) Records Records when under waiver Yes. § 63.10(b)(2)(xiii) Records Records when using alternative to relative accuracy test Yes. § 63.10(b)(2)(xiv) Records All documentation supporting Initial Notification and Notification of Compliance Status Report Yes. § 63.10(b)(3) Records Applicability determinations Yes. § 63.10(c)(1) through (6), (9) through (14) Records Additional records for CMS Yes. § 63.10(c)(7) and (8) Records Records of excess emissions and parameter monitoring exceedances for CMS No. Replaced with language in Table 9 to this subpart. § 63.10(c)(15) Use of SSM Plan Use SSM plan to satisfy recordkeeping requirements for identification of malfunction, correction action taken, and nature of repairs to CMS No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See 40 CFR 63.5515(c). § 63.10(d)(1) General Reporting Requirements Requirement to report Yes. § 63.10(d)(2) Report of Performance Test Results When to submit to federal or state authority Yes, except that Table 7 to this subpart specifies the submittal date for the Notification of Compliance Status Report. § 63.10(d)(3) Reporting Opacity or VE Observations What to report and when Yes, but only for flares for which EPA Method 22 observations are required as part of a flare compliance assessment. § 63.10(d)(4) Progress Reports Must submit progress reports on schedule if under compliance extension Yes. § 63.10(d)(5)(i) Periodic SSM Reports Contents and submission of periodic SSM reports No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 30, 2020, and No thereafter. See § 63.5580(c)(4) and Table 8 for malfunction reporting requirements. § 63.10(d)(5)(ii) Immediate SSM Reports Contents and submission of immediate SSM reports No, for new or reconstructed sources which commenced construction or reconstruction after September 9, 2019. For all other affected sources, Yes before December 29, 2020, except that the immediate SSM report must be submitted as part of the next semiannual compliance report, as specified in Table 8 to this subpart, and No thereafter. § 63.10(e)(1) and (2) Additional CMS Reports Must report results for each CEMS on a unit; written copy of performance evaluation; three copies of COMS performance evaluation Yes, except that § 63.10(e)(2)(ii) does not apply because subpart UUUU does not require COMS. § 63.10(e)(3)(i) through (iii) Reports Schedule for reporting excess emissions and parameter monitor exceedance (now defined as deviations) No. Replaced with language in § 63.5580. § 63.10(e)(3)(iv) Excess Emissions Reports Requirement to revert to quarterly submission if there is an excess emissions and parameter monitor exceedance (now defined as deviations); provision to request semiannual reporting after compliance for 1 year; submit report by 30th day following end of quarter or calendar half; if there has not been an exceedance or excess emission (now defined as deviations), report contents is a statement that there have been no deviations No. Replaced with language in § 63.5580. § 63.10(e)(3)(v) Excess Emissions Reports Must submit report containing all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8) No. Replaced with language in § 63.5580. § 63.10(e)(3)(vi) through (viii) Excess Emissions Report and Summary Report Requirements for reporting excess emissions for CMS (now called deviations); requires all of the information in § 63.10(c)(5) through (13), § 63.8(c)(7) and (8) No. Replaced with language in § 63.5580. § 63.10(e)(4) Reporting COMS Data Must submit COMS data with performance test data No. Subpart UUUU does not require COMS. § 63.10(f) Waiver for Recordkeeping or Reporting Procedures for Administrator to waive Yes. § 63.11 Control and Work Practice Requirements Requirements for flares and alternative work practice for equipment leaks Yes. § 63.12 State Authority and Delegations State authority to enforce standards Yes. § 63.13 Addresses Addresses where reports, notifications, and requests are sent Yes. § 63.14 Incorporations by Reference Test methods incorporated by reference Yes. § 63.15 Availability of Information and Confidentiality Public and confidential information Yes. § 63.16 Performance Track Provisions Requirements for Performance Track member facilities Yes. [85 FR 40019, July 2, 2020, as amended at 85 FR 73910, Nov. 19, 2020] Subpart VVVV—National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing Source: 66 FR 44232, Aug. 22, 2001, unless otherwise noted. What the Subpart Covers § 63.5680 What is the purpose of this subpart? (a) This subpart establishes national emission standards for hazardous air pollutants (HAP) for new and existing boat manufacturing facilities with resin and gel coat operations, carpet and fabric adhesive operations, or aluminum recreational boat surface coating operations. This subpart also establishes requirements to demonstrate initial and continuous compliance with the emission standards. § 63.5683 Does this subpart apply to me? (a) This subpart applies to you if you meet both of the criteria listed in paragraphs (a)(1) and (2) of this section. (1) You are the owner or operator of a boat manufacturing facility that builds fiberglass boats or aluminum recreational boats. (2) Your boat manufacturing facility is a major source of HAP either in and of itself, or because it is collocated with other sources of HAP, such that all sources combined constitute a major source. (b) A boat manufacturing facility is a facility that manufactures hulls or decks of boats from fiberglass or aluminum, or assembles boats from premanufactured hulls and decks, or builds molds to make fiberglass hulls or decks. A facility that manufactures only parts of boats (such as hatches, seats, or lockers) or boat trailers is not considered a boat manufacturing facility for the purpose of this subpart. (c) A major source is any stationary source or group of stationary sources located within a contiguous area and under common control that emits or can potentially emit, considering controls, in the aggregate, 9.1 megagrams (10 tons) or more per year of a single HAP or 22.7 megagrams (25 tons) or more per year of a combination of HAP. (d) This subpart does not apply to aluminum coating operations on aluminum boats intended for commercial or military (nonrecreational) use, antifoulant coatings, assembly adhesives, fiberglass hull and deck coatings, research and development activities, mold sealing and release agents, mold stripping and cleaning solvents, and wood coatings as defined in § 63.5779. This subpart does not apply to materials contained in handheld aerosol cans. § 63.5686 How do I demonstrate that my facility is not a major source? You can demonstrate that your facility is not a major source by using the procedures in either paragraph (a) or (b) of this section. (a) Emission option. (b) Material consumption option. (1) If your facility is primarily a fiberglass boat manufacturing facility, you must demonstrate that you consume less than 45.4 megagrams per rolling 12-month period of all combined polyester-and vinylester-based resins and gel coats (including tooling and production resins and gel coats, and clear gel coats), and you must demonstrate that at least 90 percent of total annual HAP emissions at the facility (including emissions from aluminum recreational boat manufacturing or other source categories) originate from the fiberglass boat manufacturing materials. (2) If your facility is primarily an aluminum recreational boat manufacturing facility, you must demonstrate that it consumes less than 18.2 megagrams per rolling 12-month period of all combined surface coatings, aluminum wipedown solvents, application gun cleaning solvents, and carpet and fabric adhesives; and you must demonstrate that at least 90 percent of total annual HAP emissions at the facility (including emissions from fiberglass boat manufacturing or other source categories) originate from the aluminum recreational boat manufacturing materials. (3) If your facility is a fiberglass boat or an aluminum recreational boat manufacturing facility, you must demonstrate that the boat manufacturing materials consumed per rolling 12-month period contain a total of less than 4.6 megagrams of any single HAP and less than 11.4 megagrams of all combined HAP, and you must demonstrate that at least 90 percent of total annual HAP emissions at the facility (including emissions from other source categories) originate from these boat manufacturing materials. (c) If you use the material consumption option described in paragraph (b) of this section to demonstrate that you are not a major source, you must comply with the requirements of paragraphs (c)(1) through (3) of this section. (1) If your facility has HAP emissions that do not originate from boat manufacturing operations or materials described in paragraph (b), then you must keep any records necessary to demonstrate that the 90 percent criterion is met. (2) A rolling 12-month period includes the previous 12 months of operation. You must maintain records of the total amount of materials described in paragraph (b) of this section used each month, and, if necessary, the HAP content of each material and the calculation of the total HAP consumed each month. Because records are needed for a 12-month period, you must keep records beginning no later than 12 months before the compliance date specified in § 63.5695. Records must be kept for 5 years after they are created. (3) In determining whether the 90 percent criterion included in paragraph (b) of this section is met, you do not need to include materials used in routine janitorial, building, or facility grounds maintenance; personal uses by employees or other persons; or products used for maintaining motor vehicles operated by the facility. § 63.5689 What parts of my facility are covered by this subpart? The affected source (the portion of your boat manufacturing facility covered by this subpart) is the combination of all of the boat manufacturing operations listed in paragraphs (a) through (f) of this section. (a) Open molding resin and gel coat operations (including pigmented gel coat, clear gel coat, production resin, tooling gel coat, and tooling resin). (b) Closed molding resin operations. (c) Resin and gel coat mixing operations. (d) Resin and gel coat application equipment cleaning operations. (e) Carpet and fabric adhesive operations. (f) Aluminum hull and deck coating operations, including solvent wipedown operations and paint spray gun cleaning operations, on aluminum recreational boats. § 63.5692 How do I know if my boat manufacturing facility is a new source or an existing source? (a) A boat manufacturing facility is a new source if it meets the criteria in paragraphs (a)(1) through (3) of this section. (1) You commence construction of the affected source after July 14, 2000. (2) It is a major source. (3) It is a completely new boat manufacturing affected source where no other boat manufacturing affected source existed prior to the construction of the new source. (b) For the purposes of this subpart, an existing source is any source that is not a new source. § 63.5695 When must I comply with this subpart? You must comply with the standards in this subpart by the compliance dates specified in Table 1 to this subpart. Standards for Open Molding Resin and Gel Coat Operations § 63.5698 What emission limit must I meet for open molding resin and gel coat operations? (a) You must limit organic HAP emissions from the five open molding operations listed in paragraphs (a)(1) through (5) of this section to the emission limit specified in paragraph (b) of this section. Operations listed in paragraph (d) are exempt from this limit. (1) Production resin. (2) Pigmented gel coat. (3) Clear gel coat. (4) Tooling resin. (5) Tooling gel coat. (b) You must limit organic HAP emissions from open molding operations to the limit specified by equation 1 of this section, based on a 12-month rolling average. Where: HAP Limit= total allowable organic HAP that can be emitted from the open molding operations, kilograms. M R M PG M CG M TR M TG (c) The open molding emission limit is the same for both new and existing sources. (d) The materials specified in paragraphs (d)(1) through (3) of this section are exempt from the open molding emission limit specified in paragraph (b) of this section. (1) Production resins (including skin coat resins) that must meet specifications for use in military vessels or must be approved by the U.S. Coast Guard for use in the construction of lifeboats, rescue boats, and other life-saving appliances approved under 46 CFR subchapter Q or the construction of small passenger vessels regulated by 46 CFR subchapter T. Production resins for which this exemption is used must be applied with nonatomizing (non-spray) resin application equipment. You must keep a record of the resins for which you are using this exemption. (2) Pigmented, clear, and tooling gel coat used for part or mold repair and touch up. The total gel coat materials included in this exemption must not exceed 1 percent by weight of all gel coat used at your facility on a 12-month rolling-average basis. You must keep a record of the amount of gel coats used per month for which you are using this exemption and copies of calculations showing that the exempt amount does not exceed 1 percent of all gel coat used. (3) Pure, 100 percent vinylester resin used for skin coats. This exemption does not apply to blends of vinylester and polyester resins used for skin coats. The total resin materials included in the exemption cannot exceed 5 percent by weight of all resin used at your facility on a 12-month rolling-average basis. You must keep a record of the amount of 100 percent vinylester skin coat resin used per month that is eligible for this exemption and copies of calculations showing that the exempt amount does not exceed 5 percent of all resin used. § 63.5701 What are my options for complying with the open molding emission limit? You must use one or more of the options listed in paragraphs (a) through (c) of this section to meet the emission limit in § 63.5698 for the resins and gel coats used in open molding operations at your facility. (a) Maximum achievable control technology (MACT) model point value averaging (emissions averaging) option. (2) Those operations and materials not included in the emissions average must comply with either paragraph (b) or (c) of this section. (b) Compliant materials option. (c) Add-on control option. § 63.5704 What are the general requirements for complying with the open molding emission limit? (a) Emissions averaging option. (1) Use the methods specified in § 63.5758 to determine the organic HAP content of resins and gel coats. (2) Complete the calculations described in § 63.5710 to show that the organic HAP emissions do not exceed the limit specified in § 63.5698. (3) Keep records as specified in paragraphs (a)(3)(i) through (iv) of this section for each resin and gel coat. (i) Hazardous air pollutant content. (ii) Amount of material used per month. (iii) Application method used for production resin and tooling resin. This record is not required if all production resins and tooling resins are applied with nonatomized technology. (iv) Calculations performed to demonstrate compliance based on MACT model point values, as described in § 63.5710. (4) Prepare and submit the implementation plan described in § 63.5707 to the Administrator and keep it up to date. (5) Submit semiannual compliance reports to the Administrator as specified in § 63.5764. (b) Compliant materials option. (1) Use the methods specified in § 63.5758 to determine the organic HAP content of resins and gel coats. (2) Complete the calculations described in § 63.5713 to show that the weighted-average organic HAP content does not exceed the limit specified in Table 2 to this subpart. (3) Keep records as specified in paragraphs (b)(3)(i) through (iv) of this section for each resin and gel coat. (i) Hazardous air pollutant content. (ii) Application method for production resin and tooling resin. This record is not required if all production resins and tooling resins are applied with nonatomized technology. (iii) Amount of material used per month. This record is not required for an operation if all materials used for that operation comply with the organic HAP content requirements. (iv) Calculations performed, if required, to demonstrate compliance based on weighted-average organic HAP content as described in § 63.5713. (4) Submit semiannual compliance reports to the Administrator as specified in § 63.5764. (c) Add-on control option. (1) Conduct a performance test of the control device as specified in §§ 63.5719 and 63.5722 to demonstrate initial compliance. (2) Use the performance test results to determine control device parameters to monitor after the performance test as specified in § 63.5725. (3) Comply with the operating limits specified in § 63.5715 and the control device and emission capture system monitoring requirements specified in § 63.5725 to demonstrate continuous compliance. (4) Keep the records specified in § 63.5767. (5) Submit to the Administrator the notifications and reports specified in §§ 63.5761 and 63.5764. § 63.5707 What is an implementation plan for open molding operations and when do I need to prepare one? (a) You must prepare an implementation plan for all open molding operations for which you comply by using the emissions averaging option described in § 63.5704(a). (b) The implementation plan must describe the steps you will take to bring the open molding operations covered by this subpart into compliance. For each operation included in the emissions average, your implementation plan must include the elements listed in paragraphs (b)(1) through (3) of this section. (1) A description of each operation included in the average. (2) The maximum organic HAP content of the materials used, the application method used (if any atomized resin application methods are used in the average), and any other methods used to control emissions. (3) Calculations showing that the operations covered by the plan will comply with the open molding emission limit specified in § 63.5698. (c) You must submit the implementation plan to the Administrator with the notification of compliance status specified in § 63.5761. (d) You must keep the implementation plan on site and provide it to the Administrator when asked. (e) If you revise the implementation plan, you must submit the revised plan with your next semiannual compliance report specified in § 63.5764. § 63.5710 How do I demonstrate compliance using emissions averaging? (a) Compliance using the emissions averaging option is demonstrated on a 12-month rolling-average basis and is determined at the end of every month (12 times per year). The first 12-month rolling-average period begins on the compliance date specified in § 63.5695. (b) At the end of the twelfth month after your compliance date and at the end of every subsequent month, use equation 1 of this section to demonstrate that the organic HAP emissions from those operations included in the average do not exceed the emission limit in § 63.5698 calculated for the same 12-month period. (Include terms in equation 1 of § 63.5698 and equation 1 of this section for only those operations and materials included in the average.) Where: HAP emissions= Organic HAP emissions calculated using MACT model point values for each operation included in the average, kilograms. PV R M R PV PG M PG PV CG M CG PV TR M TR PV TG M TG (c) At the end of every month, use equation 2 of this section to compute the weighted-average MACT model point value for each open molding resin and gel coat operation included in the average. Where: PV OP R PG CG TR TG M i n = number of different open molding resins and gel coats used within an operation in the past 12 months. PV i (d) You must use the equations in Table 3 to this subpart to calculate the MACT model point value (PV i (e) If the organic HAP emissions, as calculated in paragraph (b) of this section, are less than the organic HAP limit calculated in § 63.5698(b) for the same 12-month period, then you are in compliance with the emission limit in § 63.5698 for those operations and materials included in the average. [66 FR 44232, Aug. 22, 2001; 66 FR 50504, Oct. 3, 2001] § 63.5713 How do I demonstrate compliance using compliant materials? (a) Compliance using the organic HAP content requirements listed in Table 2 to this subpart is based on a 12-month rolling average that is calculated at the end of every month. The first 12-month rolling-average period begins on the compliance date specified in § 63.5695. If you are using filled material (production resin or tooling resin), you must comply according to the procedure described in § 63.5714. (b) At the end of the twelfth month after your compliance date and at the end of every subsequent month, review the organic HAP contents of the resins and gel coats used in the past 12 months in each operation. If all resins and gel coats used in an operation have organic HAP contents no greater than the applicable organic HAP content limits in Table 2 to this subpart, then you are in compliance with the emission limit specified in § 63.5698 for that 12-month period for that operation. In addition, you do not need to complete the weighted-average organic HAP content calculation contained in paragraph (c) of this section for that operation. (c) At the end of every month, you must use equation 1 of this section to calculate the weighted-average organic HAP content for all resins and gel coats used in each operation in the past 12 months. Where: M i HAP i n = number of different open molding resins or gel coats used in the past 12 months in an operation. (d) If the weighted-average organic HAP content does not exceed the applicable organic HAP content limit specified in Table 2 to this subpart, then you are in compliance with the emission limit specified in § 63.5698. § 63.5714 How do I demonstrate compliance if I use filled resins? (a) If you are using a filled production resin or filled tooling resin, you must demonstrate compliance for the filled material on an as-applied basis using equation 1 of this section. Where: PV F PV u % Filler = The weight-percent of filler in the as-applied filled resin system. (b) If the filled resin is used as a production resin and the value of PV F (c) If the filled resin is used as a tooling resin and the value of PV F (d) If you are including a filled resin in the emissions averaging procedure described in § 63.5710, then use the value of PV F Demonstrating Compliance for Open Molding Operations Controlled by Add-On Control Devices § 63.5715 What operating limits must I meet? (a) For open molding operations on which you use a thermal oxidizer as an add-on control device, you must meet the operating limits specified in Table 4 to this subpart that apply to the emission capture system and thermal oxidizer. You must establish the operating limits during the performance test according to the procedures in § 63.5725. You must meet the operating limits at all times after you establish them. (b) If you use an add-on control device other than a thermal oxidizer, or wish to monitor an alternative parameter and comply with a different operating limit, you must apply to the Administrator for approval of alternative monitoring under § 63.8(f). § 63.5716 When must I conduct a performance test? (a) If your source is an existing source, you must complete the add-on control device performance test no later than the compliance date specified in § 63.5695. (b) If your source is a new source, you must complete the add-on control device performance test no later than 180 days after the compliance date specified in § 63.5695. (c) You must conduct a performance test every 5 years as part of renewing your 40 CFR part 70 or 71 operating permit. § 63.5719 How do I conduct a performance test? (a) You must capture the emissions using a permanent enclosure (such as a spray booth or similar containment device) and direct the captured emissions to the add-on control device. (b) You must measure emissions as specified in paragraph (b)(1) or (2) of this section. (1) If the enclosure vented to the control device is a permanent total enclosure as defined in Method 204 of appendix M to 40 CFR part 51, then you may measure emissions only at the outlet of the control device. (2) If the permanent enclosure vented to the control device is not a total enclosure, you must build a temporary total enclosure, as defined in Method 204 of appendix M to 40 CFR part 51, around the permanent enclosure. You must then simultaneously measure emissions from the control device outlet and the emissions from the temporary total enclosure outlet. You determine compliance from the combined emissions from the control device outlet and the temporary total enclosure outlet. (c) You must conduct the control device performance test using the emission measurement methods specified in paragraphs (c)(1) through (4) of this section. (1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select the sampling sites. (2) Use Method 2, 2A, 2C, 2D, 2F or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 18 of appendix A to 40 CFR part 60 to measure organic HAP emissions or use Method 25A of appendix A to 40 CFR part 60 to measure total gaseous organic emissions as a surrogate for total organic HAP emissions. If you use Method 25A, you must assume that all gaseous organic emissions measured as carbon are organic HAP emissions. If you use Method 18 and the number of organic HAP in the exhaust stream exceeds five, you must take into account the use of multiple chromatographic columns and analytical techniques to get an accurate measure of at least 90 percent of the total organic HAP mass emissions. Do not use Method 18 to measure organic HAP emissions from a combustion device; use instead Method 25A and assume that all gaseous organic mass emissions measured as carbon are organic HAP emissions. (4) You may use American Society for Testing and Materials (ASTM) D6420-99 (available for purchase from at least one of the following addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the conditions specified in paragraphs (c)(4)(i) through (iii) of this section. (i) If the target compound(s) is listed in Section 1.1 of ASTM D6420-99 and the target concentration is between 150 parts per billion by volume and 100 parts per million by volume. (ii) If the target compound(s) is not listed in Section 1.1 of ASTM D6420-99, but is potentially detected by mass spectrometry, an additional system continuing calibration check after each run, as detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, documented, and submitted with the performance test report even if you do not use a moisture condenser or the compound is not considered soluble. (iii) If a minimum of one sample/analysis cycle is completed at least every 15 minutes. (d) The control device performance test must consist of three runs and each run must last at least 1 hour. The production conditions during the test runs must represent normal production conditions with respect to the types of parts being made and material application methods. The production conditions during the test must also represent maximum potential emissions with respect to the organic HAP content of the materials being applied and the material application rates. (e) During the test, you must also monitor and record separately the amounts of production resin, tooling resin, pigmented gel coat, clear gel coat, and tooling gel coat applied inside the enclosure that is vented to the control device. § 63.5722 How do I use the performance test data to demonstrate initial compliance? Demonstrate initial compliance with the open molding emission limit as described in paragraphs (a) through (c) of this section: (a) Calculate the organic HAP limit you must achieve using equation 1 of § 63.5698. For determining initial compliance, the organic HAP limit is based on the amount of material used during the performance test, in megagrams, rather than during the past 12 months. Calculate the limit using the megagrams of resin and gel coat applied inside the enclosure during the three runs of the performance test and equation 1 of § 63.5698. (b) Add the total measured emissions, in kilograms, from all three of the 1-hour runs of the performance test. (c) If the total emissions from the three 1-hour runs of the performance test are less than the organic HAP limit calculated in paragraph (a) of this section, then you have demonstrated initial compliance with the emission limit in § 63.5698 for those operations performed in the enclosure and controlled by the add-on control device. § 63.5725 What are the requirements for monitoring and demonstrating continuous compliance? (a) You must establish control device parameters that indicate proper operation of the control device. (b) You must install, operate, and maintain a continuous parameter monitoring system as specified in paragraphs (b)(1) through (8) of this section. (1) The continuous parameter monitoring system must complete a minimum of one cycle of operation for each successive 15-minute period. You must have a minimum of four successive cycles of operation to have a valid hour of data. (2) You must have valid data from at least 90 percent of the hours during which the process operated. (3) You must determine the average of all recorded readings for each successive 3-hour period of the emission capture system and add-on control device operation. (4) You must maintain the continuous parameter monitoring system at all times and have available necessary parts for routine repairs of the monitoring equipment. (5) You must operate the continuous parameter monitoring system and collect emission capture system and add-on control device parameter data at all times that a controlled open molding operation is being performed, except during monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, if applicable, calibration checks and required zero and span adjustments). (6) You must not use emission capture system or add-on control device parameter data recorded during monitoring malfunctions, associated repairs, out-of-control periods, or required quality assurance or control activities when calculating data averages. You must use all the data collected during all other periods in calculating the data averages for determining compliance with the emission capture system and add-on control device operating limits. (7) You must record the results of each inspection, calibration, and validation check. (8) Any period for which the monitoring system is out-of-control, as defined in § 63.7(d)(7), or malfunctioning, and data are not available for required calculations is a deviation from the monitoring requirements. A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the continuous parameter monitoring system to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. (c) Enclosure bypass line. (1) You must monitor or secure the valve or closure mechanism controlling the bypass line in a nondiverting position in such a way that the valve or closure mechanism cannot be opened without creating a record that the valve was opened. The method used to monitor or secure the valve or closure mechanism must meet one of the requirements specified in paragraphs (c)(1)(i) through (iv) of this section. (i) Flow control position indicator. (ii) Car-seal or lock-and-key valve closures. (iii) Valve closure continuous monitoring. (iv) Automatic shutdown system. (2) If any bypass line is opened, you must include a description of why the bypass line was opened and the length of time it remained open in the semiannual compliance reports required in § 63.5764(d). (d) Thermal oxidizers. (1) You must install a combustion temperature monitoring device in the firebox of the thermal oxidizer or incinerator, or in the duct immediately downstream of the firebox before any substantial heat exchange occurs. You must meet the requirements in paragraphs (b) and (d)(1)(i) through (vii) of this section for each temperature monitoring device. (i) Locate the temperature sensor in a position that provides a representative temperature. (ii) Use a temperature sensor with a minimum tolerance of 2.2 °C or 0.75 percent of the temperature value, whichever is larger. (iii) Shield the temperature sensor system from electromagnetic interference and chemical contaminants. (iv) If a chart recorder is used, it must have a sensitivity in the minor division of at least 10 °C. (v) Perform an electronic calibration at least semiannually according to the procedures in the manufacturer's owners manual. Following the electronic calibration, you must conduct a temperature sensor validation check in which a second or redundant temperature sensor placed nearby the process temperature sensor must yield a reading within 16.7 °C of the process temperature sensor's reading. (vi) Conduct calibration and validation checks any time the sensor exceeds the manufacturer's specified maximum operating temperature range or install a new temperature sensor. (vii) At least monthly, inspect all components for integrity and all electrical connections for continuity, oxidation, and galvanic corrosion. (2) Before or during the performance test, you must conduct a performance evaluation of the combustion temperature monitoring system according to § 63.8(e). Section 63.8(e) specifies the general requirements for continuous monitoring systems and requirements for notifications, the site-specific performance evaluation plan, conduct of the performance evaluation, and reporting of performance evaluation results. (3) During the performance test required by § 63.5716, you must monitor and record the combustion temperature and determine the average combustion temperature for the three 1-hour test runs. This average temperature is the minimum operating limit for the thermal oxidizer. (4) Following the performance test, you must continuously monitor the combustion temperature and record the average combustion temperature no less frequently than every 15 minutes. (5) You must operate the incinerator or thermal oxidizer so that the average combustion temperature in any 3-hour period does not fall below the average combustion temperature recorded during the performance test. (6) If the average combustion temperature in any 3-hour period falls below the average combustion temperature recorded during the performance test, or if you fail to collect the minimum data specified in paragraph (d)(4) of this section, it is a deviation for the operating limit in § 63.5715. (e) Other control devices. (f) Emission capture system. (1) You must install a device to measure and record either the flow rate or the static pressure in the duct from each enclosure to the add-on control device. (2) You must install a device to measure and record the pressure drop across at least one opening in each enclosure. (3) Each flow measurement device must meet the requirements in paragraphs (b) and (f)(3)(i) through (iv) of this section. (i) Locate the flow sensor in a position that provides a representative flow measurement in the duct between each enclosure in the emission capture system and the add-on control device. (ii) Reduce swirling flow or abnormal velocity distributions due to upstream and downstream disturbances. (iii) Conduct a flow sensor calibration check at least semiannually. (iv) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (4) For each pressure measurement device, you must comply with the requirements in paragraphs (a) and (f)(4)(i) through (vii) of this section. (i) Locate each pressure drop sensor in or as close to a position that provides a representative measurement of the pressure drop across each enclosure opening you are monitoring. (ii) Locate each duct static pressure sensor in a position that provides a representative measurement of the static pressure in the duct between the enclosure and control device. (iii) Minimize or eliminate pulsating pressure, vibration, and internal and external corrosion. (iv) Check the pressure tap for plugging daily. (v) Use an inclined manometer with a measurement sensitivity of 0.0004 millimeters mercury (mmHg) to check gauge calibration quarterly and transducer calibration monthly. (vi) Conduct calibration checks any time the sensor exceeds the manufacturer's specified maximum operating pressure range or install a new pressure sensor. (vii) At least monthly, inspect all components for integrity, all electrical connections for continuity, and all mechanical connections for leakage. (5) For each capture device that is not part of a permanent total enclosure as defined in Method 204 in appendix M to 40 CFR part 51, you must establish an operating limit for either the gas volumetric flow rate or duct static pressure, as specified in paragraphs (f)(5)(i) and (ii) of this section. You must also establish an operating limit for pressure drop across at least one opening in each enclosure according to paragraphs (f)(5)(iii) and (iv) of this section. The operating limits for a permanent total enclosure are specified in Table 4 to this subpart. (i) During the emission test required by § 63.5716 and described in § 63.5719, you must monitor and record either the gas volumetric flow rate or the duct static pressure for each separate enclosure in your emission capture system at least once every 15 minutes during each of the three test runs at a point in the duct between the enclosure and the add-on control device inlet. (ii) Following the emission test, calculate and record the average gas volumetric flow rate or duct static pressure for the three test runs for each enclosure. This average gas volumetric flow rate or duct static pressure is the minimum operating limit for that specific enclosure. (iii) During the emission test required by § 63.5716 and described in § 63.5719, you must monitor and record the pressure drop across the opening of each enclosure in your emission capture system at least once every 15 minutes during each of the three test runs. (iv) Following the emission test, calculate and record the average pressure drop for the three test runs for each enclosure. This average pressure drop is the minimum operating limit for that specific enclosure. Standards for Closed Molding Resin Operations § 63.5728 What standards must I meet for closed molding resin operations? (a) If a resin application operation meets the definition of closed molding specified in § 63.5779, there is no requirement to reduce emissions from that operation. (b) If the resin application operation does not meet the definition of closed molding, then you must comply with the limit for open molding resin operations specified in § 63.5698. (c) Open molding resin operations that precede a closed molding operation must comply with the limit for open molding resin and gel coat operations specified in § 63.5698. Examples of these operations include gel coat or skin coat layers that are applied before lamination is performed by closed molding. Standards for Resin and Gel Coat Mixing Operations § 63.5731 What standards must I meet for resin and gel coat mixing operations? (a) All resin and gel coat mixing containers with a capacity equal to or greater than 208 liters, including those used for on-site mixing of putties and polyputties, must have a cover with no visible gaps in place at all times. (b) The work practice standard in paragraph (a) of this section does not apply when material is being manually added to or removed from a container, or when mixing or pumping equipment is being placed in or removed from a container. (c) To demonstrate compliance with the work practice standard in paragraph (a) of this section, you must visually inspect all mixing containers subject to this standard at least once per month. The inspection should ensure that all containers have covers with no visible gaps between the cover and the container, or between the cover and equipment passing through the cover. (d) You must keep records of which mixing containers are subject to this standard and the results of the inspections, including a description of any repairs or corrective actions taken. Standards for Resin and Gel Coat Application Equipment Cleaning Operations § 63.5734 What standards must I meet for resin and gel coat application equipment cleaning operations? (a) For routine flushing of resin and gel coat application equipment (e.g., spray guns, flowcoaters, brushes, rollers, and squeegees), you must use a cleaning solvent that contains no more than 5 percent organic HAP by weight. For removing cured resin or gel coat from application equipment, no organic HAP content limit applies. (b) You must store organic HAP-containing solvents used for removing cured resin or gel coat in containers with covers. The covers must have no visible gaps and must be in place at all times, except when equipment to be cleaned is placed in or removed from the container. On containers with a capacity greater than 7.6 liters, the distance from the top of the container to the solvent surface must be no less than 0.75 times the diameter of the container. Containers that store organic HAP-containing solvents used for removing cured resin or gel coat are exempt from the requirements of 40 CFR part 63, subpart T. Cured resin or gel coat means resin or gel coat that has changed from a liquid to a solid. § 63.5737 How do I demonstrate compliance with the resin and gel coat application equipment cleaning standards? (a) Determine and record the organic HAP content of the cleaning solvents subject to the standards specified in § 63.5734 using the methods specified in § 63.5758. (b) If you recycle cleaning solvents on site, you may use documentation from the solvent manufacturer or supplier or a measurement of the organic HAP content of the cleaning solvent as originally obtained from the solvent supplier for demonstrating compliance, subject to the conditions in § 63.5758 for demonstrating compliance with organic HAP content limits. (c) At least once per month, you must visually inspect any containers holding organic HAP-containing solvents used for removing cured resin and gel coat to ensure that the containers have covers with no visible gaps. Keep records of the monthly inspections and any repairs made to the covers. Standards for Carpet and Fabric Adhesive Operations § 63.5740 What emission limit must I meet for carpet and fabric adhesive operations? (a) You must use carpet and fabric adhesives that contain no more than 5 percent organic HAP by weight. (b) To demonstrate compliance with the emission limit in paragraph (a) of this section, you must determine and record the organic HAP content of the carpet and fabric adhesives using the methods in § 63.5758. Standards for Aluminum Recreational Boat Surface Coating Operations § 63.5743 What standards must I meet for aluminum recreational boat surface coating operations? (a) For aluminum wipedown solvent operations and aluminum surface coating operations, you must comply with either the separate emission limits in paragraphs (a)(1) and (2) of this section, or the combined emission limit in paragraph (a)(3) of this section. Compliance with these limitations is based on a 12-month rolling average that is calculated at the end of every month. (1) You must limit emissions from aluminum wipedown solvents to no more than 0.33 kilograms of organic HAP per liter of total coating solids applied from aluminum primers, clear coats, and top coats combined. No limit applies when cleaning surfaces are receiving decals or adhesive graphics. (2) You must limit emissions from aluminum recreational boat surface coatings (including thinners, activators, primers, topcoats, and clear coats) to no more than 1.22 kilograms of organic HAP per liter of total coating solids applied from aluminum primers, clear coats, and top coats combined. (3) You must limit emissions from the combined aluminum surface coatings and aluminum wipedown solvents to no more than 1.55 kilograms of organic HAP per liter of total coating solids applied from aluminum primers, clear coats, and top coats combined. (b) You must comply with the work practice standard in paragraph (b)(1), (2), (3), or (4) of this section when cleaning aluminum coating spray guns with solvents containing more than 5 percent organic HAP by weight. (1) Clean spray guns in an enclosed device. Keep the device closed except when you place spray guns in or remove them from the device. (2) Disassemble the spray gun and manually clean the components in a vat. Keep the vat closed when you are not using it. (3) Clean spray guns by placing solvent in the pressure pot and forcing the solvent through the gun. Do not use atomizing air during this procedure. Direct the used cleaning solvent from the spray gun into a container that you keep closed when you are not using it. (4) An alternative gun cleaning process or technology approved by the Administrator according to the procedures in § 63.6(g). § 63.5746 How do I demonstrate compliance with the emission limits for aluminum wipedown solvents and aluminum coatings? To demonstrate compliance with the emission limits for aluminum wipedown solvents and aluminum coatings specified in § 63.5743(a), you must meet the requirements of paragraphs (a) through (f) of this section. (a) Determine and record the organic HAP content (kilograms of organic HAP per kilogram of material, or weight fraction) of each aluminum wipedown solvent and aluminum coating (including primers, topcoats, clear coats, thinners, and activators). Use the methods in § 63.5758 to determine organic HAP content. (b) Use the methods in § 63.5758(b) to determine the solids content (liters of solids per liter of coating, or volume fraction) of each aluminum surface coating, including primers, topcoats, and clear coats. Keep records of the solids content. (c) Use the methods in § 63.5758(c) to determine the density of each aluminum surface coating and wipedown solvent. (d) Compliance is based on a 12-month rolling average calculated at the end of every month. The first 12-month rolling-average period begins on the compliance date specified in § 63.5695. (e) At the end of the twelfth month after your compliance date and at the end of every subsequent month, use the procedures in § 63.5749 to calculate the organic HAP from aluminum wipedown solvents per liter of coating solids, and use the procedures in § 63.5752 to calculate the kilograms of organic HAP from aluminum coatings per liter of coating solids. (f) Keep records of the calculations used to determine compliance. (g) Approval of alternative means of demonstrating compliance. (1) The application must include the information listed in paragraphs (g)(1)(i) through (iii) of this section. (i) An engineering evaluation that compares the emissions using the alternative means to the emissions that would result from using the strategy specified in paragraphs (a) through (e) of this section. The engineering evaluation may include the results from an emission test that accurately measures the capture efficiency and control device efficiency achieved by the control system and the composition of the associated coatings so that the emissions comparison can be made. (ii) A proposed monitoring protocol that includes operating parameter values to be monitored for compliance and an explanation of how the operating parameter values will be established through a performance test. (iii) Details of appropriate recordkeeping and reporting procedures. (2) The Administrator will approve the alternative means of limiting emissions if the Administrator determines that HAP emissions will be no greater than if the source uses the procedures described in paragraphs (a) through (e) of this section to demonstrate compliance. (3) The Administrator's approval may specify operation, maintenance, and monitoring requirements to ensure that emissions from the regulated operations are no greater than those that would otherwise result from regulated operations in compliance with this subpart. § 63.5749 How do I calculate the organic HAP content of aluminum wipedown solvents? (a) Use equation 1 of this section to calculate the weighted-average organic HAP content of aluminum wipedown solvents used in the past 12 months. Where: HAP WD n = number of different wipedown solvents used in the past 12 months. Vol j D j W j m = number of different aluminum surface coatings (primers, top coats, and clear coats) used in the past 12 months. Vol i Solids i (b) Compliance is based on a 12-month rolling average. If the weighted-average organic HAP content does not exceed 0.33 kilograms of organic HAP per liter of total coating solids, then you are in compliance with the emission limit specified in § 63.5743(a)(1). § 63.5752 How do I calculate the organic HAP content of aluminum recreational boat surface coatings? (a) Use equation 1 of this section to calculate the weighted-average HAP content for all aluminum surface coatings used in the past 12 months. Where: HAP SC m = number of different aluminum primers, top coats, and clear coats used in the past 12 months. Vol i D i W i p = number of different thinners, activators, and other coating additives used in the past 12 months. Vol k D k W k Solids i (b) Compliance is based on a 12-month rolling average. If the weighted-average organic HAP content does not exceed 1.22 kilograms of organic HAP per liter of coating solids, then you are in compliance with the emission limit specified in § 63.5743(a)(2). § 63.5753 How do I calculate the combined organic HAP content of aluminum wipedown solvents and aluminum recreational boat surface coatings? (a) Use equation 1 of this section to calculate the combined weighted-average organic HAP content of aluminum wipedown solvents and aluminum recreational boat surface coatings. Where: HAP WD HAP SC (b) Compliance is based on a 12-month rolling average. If the combined organic HAP content does not exceed 1.55 kilograms of organic HAP per liter of total coating solids, then you are in compliance with the emission limit specified in § 63.5743(a)(3). § 63.5755 How do I demonstrate compliance with the aluminum recreational boat surface coating spray gun cleaning work practice standards? You must demonstrate compliance with the aluminum coating spray gun cleaning work practice standards by meeting the requirements of paragraph (a) or (b) of this section. (a) Demonstrate that solvents used to clean the aluminum coating spray guns contain no more than 5 percent organic HAP by weight by determining organic HAP content with the methods in § 63.5758. Keep records of the organic HAP content determination. (b) For solvents containing more than 5 percent organic HAP by weight, comply with the requirements in paragraph (b)(1) or (b)(2), and paragraph (b)(3) of this section. (1) If you are using an enclosed spray gun cleaner, visually inspect it at least once per month to ensure that covers are in place and the covers have no visible gaps when the cleaner is not in use, and that there are no leaks from hoses or fittings. (2) If you are manually cleaning the gun or spraying solvent into a container that can be closed, visually inspect all solvent containers at least once per month to ensure that the containers have covers and the covers fit with no visible gaps. (3) Keep records of the monthly inspections and any repairs that are made to the enclosed gun cleaners or the covers. Methods for Determining Hazardous Air Pollutant Content § 63.5758 How do I determine the organic HAP content of materials? (a) Determine the organic HAP content for each material used. (1) Method 311 (appendix A to 40 CFR part 63). (i) Include in the organic HAP total each organic HAP that is measured to be present at 0.1 percent by mass or more for Occupational Safety and Health Administration (OSHA)-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA carcinogen) is measured to be 0.5 percent of the material by mass, you do not need to include it in the organic HAP total. Express the mass fraction of each organic HAP you measure as a value truncated to four places after the decimal point (for example, 0.1234). (ii) Calculate the total organic HAP content in the test material by adding up the individual organic HAP contents and truncating the result to three places after the decimal point (for example, 0.123). (2) Method 24 (appendix A to 40 CFR part 60). (3) ASTM D1259-85 (Standard Test Method for Nonvolatile Content of Resins). (4) Alternative method. (5) Information from the supplier or manufacturer of the material. (i) Include in the organic HAP total each organic HAP that is present at 0.1 percent by mass or more for OSHA-defined carcinogens as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other compounds. For example, if toluene (not an OSHA carcinogen) is 0.5 percent of the material by mass, you do not have to include it in the organic HAP total. (ii) If the organic HAP content is provided by the material supplier or manufacturer as a range, then you must use the upper limit of the range for determining compliance. If a separate measurement of the total organic HAP content using the methods specified in paragraphs (a)(1) through (4) of this section exceeds the upper limit of the range of the total organic HAP content provided by the material supplier or manufacturer, then you must use the measured organic HAP content to determine compliance. (iii) If the organic HAP content is provided as a single value, you may assume the value is a manufacturing target value and actual organic HAP content may vary from the target value. If a separate measurement of the total organic HAP content using the methods specified in paragraphs (a)(1) through (4) of this section is less than 2 percentage points higher than the value for total organic HAP content provided by the material supplier or manufacturer, then you may use the provided value to demonstrate compliance. If the measured total organic HAP content exceeds the provided value by 2 percentage points or more, then you must use the measured organic HAP content to determine compliance. (6) Solvent blends. (b) Determine the volume fraction solids in aluminum recreational boat surface coatings. (1) ASTM Method D2697-86(1998) or D6093-97. (2) Information from the supplier or manufacturer of the material. (3) Calculation of volume fraction of coating solids. Where: Solids = volume fraction of coating solids, liters coating solids per liter coating. m D avg (c) Determine the density of each aluminum recreational boat wipedown solvent and surface coating. Notifications, Reports, and Records § 63.5761 What notifications must I submit and when? (a) You must submit all of the notifications in Table 7 to this subpart that apply to you by the dates in the table. The notifications are described more fully in 40 CFR part 63, subpart A, General Provisions, referenced in Table 8 to this subpart. (b) If you change any information submitted in any notification, you must submit the changes in writing to the Administrator within 15 calendar days after the change. § 63.5764 What reports must I submit and when? (a) You must submit the applicable reports specified in paragraphs (b) through (e) of this section. To the extent possible, you must organize each report according to the operations covered by this subpart and the compliance procedure followed for that operation. (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report by the dates in paragraphs (b)(1) through (5) of this section. (1) If your source is not controlled by an add-on control device (i.e., you are complying with organic HAP content limits, application equipment requirements, or MACT model point value averaging provisions), the first compliance report must cover the period beginning 12 months after the compliance date specified for your source in § 63.5695 and ending on June 30 or December 31, whichever date is the first date following the end of the first 12-month period after the compliance date that is specified for your source in § 63.5695. If your source is controlled by an add-on control device, the first compliance report must cover the period beginning on the compliance date specified for your source in § 63.5695 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.5695. (2) The first compliance report must be postmarked or delivered no later than 60 calendar days after the end of the compliance reporting period specified in paragraph (b)(1) of this section. (3) Each subsequent compliance report must cover the applicable semiannual reporting period from January 1 through June 30 or from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than 60 calendar days after the end of the semiannual reporting period. (5) For each affected source that is subject to permitting regulations pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to 40 CFR 70.6(a)(3)(iii)(A) or 40 CFR 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) The compliance report must include the information specified in paragraphs (c)(1) through (7) of this section. (1) Company name and address. (2) A statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the report. (3) The date of the report and the beginning and ending dates of the reporting period. (4) A description of any changes in the manufacturing process since the last compliance report. (5) A statement or table showing, for each regulated operation, the applicable organic HAP content limit, application equipment requirement, or MACT model point value averaging provision with which you are complying. The statement or table must also show the actual weighted-average organic HAP content or weighted-average MACT model point value (if applicable) for each operation during each of the rolling 12-month averaging periods that end during the reporting period. (6) If you were in compliance with the emission limits and work practice standards during the reporting period, you must include a statement to that effect. (7) If you deviated from an emission limit or work practice standard during the reporting period, you must also include the information listed in paragraphs (c)(7)(i) through (iv) of this section in the semiannual compliance report. (i) A description of the operation involved in the deviation. (ii) The quantity, organic HAP content, and application method (if relevant) of the materials involved in the deviation. (iii) A description of any corrective action you took to minimize the deviation and actions you have taken to prevent it from happening again. (iv) A statement of whether or not your facility was in compliance for the 12-month averaging period that ended at the end of the reporting period. (d) If your facility has an add-on control device, you must submit semiannual compliance reports and quarterly excess emission reports as specified in § 63.10(e). The contents of the reports are specified in § 63.10(e). [66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15971, Mar. 20, 2020] § 63.5765 How do I submit my reports? (a) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (a)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (b) Within 60 days after the date of completing each continuous monitoring system (CMS) performance evaluation as defined in § 63.2, you must submit the results of the performance evaluation following the procedures specified in paragraphs (b)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information. If you claim some of the information submitted under paragraph (a)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (c) For sources that commence construction or reconstruction before or on May 17, 2019, you must submit to the Administrator semiannual compliance reports of the information required in § 63.5764(c) and (d) beginning on September 16, 2020. For sources that commence construction or reconstruction after May 17, 2019, you must submit to the Administrator semiannual compliance reports of the information required in § 63.5764(c) and (d) beginning on March 20, 2020, or upon startup, whichever is later. (d) If you are required to submit reports following the procedure specified in this paragraph (d), beginning on September 16, 2020, you must submit all subsequent reports to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (e) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of EPA system outage for failure to timely comply with the reporting requirement. To assert a claim of EPA system outage, you must meet the requirements outlined in paragraphs (e)(1) through (7) of this section. (1) You must have been or will be precluded from accessing CEDRI and submitting a required report within the time prescribed due to an outage of either the EPA's CEDRI or CDX systems. (2) The outage must have occurred within the period of time beginning 5 business days prior to the date that the submission is due. (3) The outage may be planned or unplanned. (4) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (5) You must provide to the Administrator a written description identifying: (i) The date(s) and time(s) when CDX or CEDRI was accessed and the system was unavailable; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to EPA system outage; (iii) Measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (6) The decision to accept the claim of EPA system outage and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (7) In any circumstance, the report must be submitted electronically as soon as possible after the outage is resolved. (f) If you are required to electronically submit a report through CEDRI in the EPA's CDX, you may assert a claim of force majeure for failure to timely comply with the reporting requirement. To assert a claim of force majeure, you must meet the requirements outlined in paragraphs (f)(1) through (5) of this section. (1) You may submit a claim if a force majeure event is about to occur, occurs, or has occurred or there are lingering effects from such an event within the period of time beginning five business days prior to the date the submission is due. For the purposes of this section, a force majeure event is defined as an event that will be or has been caused by circumstances beyond the control of the affected facility, its contractors, or any entity controlled by the affected facility that prevents you from complying with the requirement to submit a report electronically within the time period prescribed. Examples of such events are acts of nature ( e.g., e.g., (2) You must submit notification to the Administrator in writing as soon as possible following the date you first knew, or through due diligence should have known, that the event may cause or has caused a delay in reporting. (3) You must provide to the Administrator: (i) A written description of the force majeure event; (ii) A rationale for attributing the delay in reporting beyond the regulatory deadline to the force majeure event; (iii) A description of measures taken or to be taken to minimize the delay in reporting; and (iv) The date by which you propose to report, or if you have already met the reporting requirement at the time of the notification, the date you reported. (4) The decision to accept the claim of force majeure and allow an extension to the reporting deadline is solely within the discretion of the Administrator. (5) In any circumstance, the reporting must occur as soon as possible after the force majeure event occurs. [85 FR 15971, Mar. 20, 2020] § 63.5767 What records must I keep? You must keep the records specified in paragraphs (a) through (d) of this section in addition to records specified in individual sections of this subpart. (a) You must keep a copy of each notification and report that you submitted to comply with this subpart. (b) You must keep all documentation supporting any notification or report that you submitted. (c) If your facility is not controlled by an add-on control device (i.e., you are complying with organic HAP content limits, application equipment requirements, or MACT model point value averaging provisions), you must keep the records specified in paragraphs (c)(1) through (3) of this section. (1) The total amounts of open molding production resin, pigmented gel coat, clear gel coat, tooling resin, and tooling gel coat used per month and the weighted-average organic HAP contents for each operation, expressed as weight-percent. For open molding production resin and tooling resin, you must also record the amounts of each applied by atomized and nonatomized methods. (2) The total amount of each aluminum coating used per month (including primers, top coats, clear coats, thinners, and activators) and the weighted-average organic HAP content as determined in § 63.5752. (3) The total amount of each aluminum wipedown solvent used per month and the weighted-average organic HAP content as determined in § 63.5749. (d) If your facility has an add-on control device, you must keep the records of any failures to meet the applicable standards, including the date, time, and duration of the failure; a list of the affected add-on control device and actions taken to minimize emissions, an estimate of the quantity of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions; control device performance tests; and continuous monitoring system performance evaluations. [66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020] § 63.5770 In what form and for how long must I keep my records? (a) Your records must be readily available and in a form so they can be easily inspected and reviewed. (b) You must keep each record for 5 years following the date that each record is generated. (c) You must keep each record on site for at least 2 years after the date that each record is generated. You can keep the records offsite for the remaining 3 years. (d) You can keep the records on paper or an alternative media, such as microfilm, computer, computer disks, magnetic tapes, or on microfiche. (e) Any records required to be maintained by this part that are submitted electronically via the EPA's CEDRI may be maintained in electronic format. This ability to maintain electronic copies does not affect the requirement for facilities to make records, data, and reports available upon request to a delegated air agency or the EPA as part of an on-site compliance evaluation. [66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020] Other Information You Need To Know § 63.5773 What parts of the General Provisions apply to me? You must comply with the requirements of the General Provisions in 40 CFR part 63, subpart A, as specified in Table 8 to this subpart. § 63.5776 Who implements and enforces this subpart? (a) If the Administrator has delegated authority to your State or local agency, the State or local agency has the authority to implement and enforce this subpart. (b) In delegating implementation and enforcement authority of this subpart to a State or local agency under 40 CFR part 63, subpart E, the authorities that are retained by the Administrator of the U.S. EPA and are not transferred to the State or local agency are listed in paragraphs (b)(1) through (4) of this section. (1) Under § 63.6(g), the authority to approve alternatives to the standards listed in paragraphs (b)(1)(i) through (vii) of this section is not delegated. (i) § 63.5698—Emission limit for open molding resin and gel coat operations. (ii) § 63.5728—Standards for closed molding resin operations. (iii) § 63.5731(a)—Standards for resin and gel coat mixing operations. (iv) § 63.5734—Standards for resin and gel coat application equipment cleaning operations. (v) § 63.5740(a)—Emission limit for carpet and fabric adhesive operations. (vi) § 63.5743—Standards for aluminum recreational boat surface coating operations. (vii) § 63.5746(g)—Approval of alternative means of demonstrating compliance with the emission limits for aluminum recreational boat surface coating operations. (2) Under § 63.7(e)(2)(ii) and (f), the authority to approve alternatives to the test methods listed in paragraphs (b)(2)(i) through (iv) of this section is not delegated. (i) § 63.5719(b)—Method for determining whether an enclosure is a total enclosure. (ii) § 63.5719(c)—Methods for measuring emissions from a control device. (iii) § 63.5725(d)(1)—Performance specifications for thermal oxidizer combustion temperature monitors. (iv) § 63.5758—Method for determining hazardous air pollutant content of regulated materials. (3) Under § 63.8(f), the authority to approve major alternatives to the monitoring requirements listed in § 63.5725 is not delegated. A “major alternative” is defined in § 63.90. (4) Under § 63.10(f), the authority to approve major alternatives to the reporting and recordkeeping requirements listed in §§ 63.5764, 63.5767, and 63.5770 is not delegated. A “major alternative” is defined in § 63.90. Definitions § 63.5779 What definitions apply to this subpart? Terms used in this subpart are defined in the Clean Air Act, in § 63.2, and in this section as follows: Add-on control Administrator Aluminum recreational boat Aluminum recreational boat surface coating operation Aluminum coating spray gun cleaning Aluminum wipedown solvents Antifoulant coating et seq. Assembly adhesive Atomized resin application Boat Boat manufacturing facility Carpet and fabric adhesive Clear gel coat Closed molding Cured resin and gel coat Deviation after (1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit. Deviation before (1) Fails to meet any requirement or obligation established by this subpart, including, but not limited to, any emission limit, operating limit, or work practice standard; or (2) Fails to meet any term or condition that is adopted to implement an applicable requirement in this subpart and that is included in the operating permit for any affected source required to obtain such a permit; or (3) Fails to meet any emission limit, or operating limit, or work practice standard in this subpart during startup, shutdown, or malfunction, regardless of whether or not such failure is permitted by this subpart. Enclosure Fiberglass boat Fiberglass hull and deck coatings Filled resin Gel coat Hazardous air pollutant or HAP Hazardous air pollutant content or HAP content Hazardous air pollutant data sheet (HDS) Maximum achievable control technology (MACT) model point value Manufacturer's certification Mold Mold sealing and release agents Mold stripping and cleaning solvents Month Neat resin Nonatomized resin application Open molding resin and gel coat operation Pigmented gel coat Production resin Recycled resin and gel coat application equipment cleaning solvent Research and development activities (1) Activities conducted at a laboratory to analyze air, soil, water, waste, or product samples for contaminants, environmental impact, or quality control; (2) Activities conducted to test more efficient production processes or methods for preventing or reducing adverse environmental impacts, provided that the activities do not include the production of an intermediate or final product for sale or exchange for commercial profit, except in a de minimis (3) Activities conducted at a research or laboratory facility that is operated under the close supervision of technically trained personnel, the primary purpose of which is to conduct research and development into new processes and products and that is not engaged in the manufacture of products for sale or exchange for commercial profit, except in a de minimis Resin Resin and gel coat application equipment cleaning Resin and gel coat mixing operation Roll-out Shutdown Skin coat Startup Tooling resin Tooling gel coat Vacuum bagging Vinylester resin Volume fraction of coating solids Wood coatings [66 FR 44232, Aug. 22, 2001, as amended at 85 FR 15973, Mar. 20, 2020] Table 1 to Subpart VVVV of Part 63—Compliance Dates for New and Existing Boat Manufacturing Facilities As specified in § 63.5695, you must comply by the dates in the following table: If your facility is— And— Then you must comply by this date— 1. An existing source Is a major source on or before August 22, 2001 1 August 23, 2004. 2. An existing or new area source Becomes a major source after August 22, 2001 1 1 year after becoming a major source or August 22, 2002, whichever is later. 3. A new source Is a major source at startup 1 Upon startup or August 22, 2001, whichever is later. 1 Table 2 to Subpart VVVV of Part 63—Alternative Organic HAP Content Requirements for Open Molding Resin and Gel Coat Operations As specified in §§ 63.5701(b), 63.5704(b)(2), and 63.5713(a), (b), and (d), you must comply with the requirements in the following table: For this operation— And this application method— You must not exceed this weighted-average organic HAP content (weight percent) requirement— 1. Production resin operations Atomized (spray) 28 percent. 2. Production resin operations Nonatomized (nonspray) 35 percent. 3. Pigmented gel coat operations Any method 33 percent. 4. Clear gel coat operations Any method 48 percent 5. Tooling resin operations Atomized (spray) 30 percent. 6. Tooling resin operations Nonatomized (nonspray) 39 percent. 7. Tooling gel coat operations Any method 40 percent. Table 3 to Subpart VVVV of Part 63—MACT Model Point Value Formulas for Open Molding Operations 1 As specified in §§ 63.5710(d) and 63.5714(a), you must calculate point values using the formulas in the following table: For this operation— And this application method— Use this formula to calculate the MACT model plant value for each resin and gel coat— 1. Production resin, tooling resin a. Atomized 0.014 × (Resin HAP%) 2.425 b. Atomized, plus vacuum bagging with roll-out 0.01185 × (Resin HAP%) 2.425 c. Atomized, plus vacuum bagging without roll-out 0.00945 × (Resin HAP%) 2.425 d. Nonatomized 0.014 × (Resin HAP%) 2.275 e. Nonatomized, plus vaccum bagging with roll-out 0.0110 × (Resin HAP%) 2.275 f. Nonatomized, plus vacuum bagging without roll-out 0.0076 × (Resin HAP%) 2.275 2. Pigmented gel coat, clear gel coat, tooling gel coat All methods 0.445 × (Gel coat HAP%) 1.675 1 [66 FR 44232, Aug. 22, 2001; 66 FR 50504, Oct. 3, 2001] Table 4 to Subpart VVVV of Part 63—Operating Limits if Using an Add-on Control Device for Open Molding Operations As specified in §§ 63.5715(a) and 63.5725(f)(5), you must meet the operating limits in the following table: For the following device— You must meet the following operating limit— And you must demonstrate continuous compliance with the operating limit by— 1. Thermal oxidizer The average combustion temperature in any 3-hour period must not fall below the combustion temperature limit established according to § 63.5725(d) a. Collecting the combustion temperature data according to § 63.5725(d); b. reducing the data to 3-hour block averages; and c. maintaining the 3-hour average combustion temperature at or above the temperature limit. 2. Other control devices An operating limit approved by the Administrator according to § 63.8(f) a. Collecting parameter monitoring as approved by the Administrator according to § 63.8(f); and b. maintaining the parameters within the operating limits approved according to § 63.8(f). 3. Emission capture system that is a PTE according to § 63.5719(b) a. The direction of the air flow at all times must be into the enclosure; and b. in any 3-hour period, either the average facial velocity of air through all natural draft openings in the enclosure must be at least 200 feet per minute; or c. the pressure drop across the enclosure must be at least 0.007 inch H 2 i. Collecting the direction of air flow, and either the facial velocity of air through all natural draft openings according to § 63.5725(f)(3) or the pressure drop across the enclosure according to § 63.5725(f)(4); and ii. reducing the data for facial velocity or pressure drop to 3-hour block averages; and iii. maintaining the 3-hour average facial velocity of air flow through all natural draft openings or the pressure drop at or above the facial velocity limit or pressure drop limit, and maintaining the direction of air flow into the enclosure at all times. 4. Emission capture system that is not a PTE according to § 63.5719(b) a. The average gas volumetric flow rate or duct static pressure in each duct between a capture device and add-on control device inlet in any 3-hour period must not fall below the average volumetric flow rate or duct static pressure limit established for that capture device according to § 63.5725(f)(5); and b. the average pressure drop across an opening in each enclosure in any 3-hour period must not fall below the average pressure drop limit established for that capture device according to § 63.5725(f)(5) i. Collecting the gas volumetric flow rate or duct static pressure for each capture device according to § 63.5725(f)(1) and (3); ii. reducing the data to 3-hour block averages; iii. maintaining the 3-hour average gas volumetric flow rate or duct static pressure for each capture device at or above the gas volumetric flow rate or duct static pressure limit; iv. collecting data for the pressure drop across an opening in each enclosure according to § 63.5725(f)(2) and (4); v. reducing the data to 3-hour block averages; and vi. maintaining the 3-hour average pressure drop across the opening for each enclosure at or above the gas volumetric flow rate or duct static pressure limit. Table 5 to Subpart VVVV of Part 63—Default Organic HAP Contents of Solvents and Solvent Blends As specified in § 63.5758(a)(6), when detailed organic HAP content data for solvent blends are not available, you may use the values in the following table: Solvent/solvent blend CAS No. Average organic HAP content, percent by mass Typical organic HAP, percent by mass 1. Toluene 108-88-3 100 Toluene. 2. Xylene(s) 1330-20-7 100 Xylenes, ethylbenzene. 3. Hexane 110-54-3 50 n-hexane. 4. n-hexane 110-54-3 100 n-hexane. 5. Ethylbenzene 100-41-4 100 Ethylbenzene. 6. Aliphatic 140 0 None. 7. Aromatic 100 2 1% xylene, 1% cumene. 8. Aromatic 150 9 Naphthalene. 9. Aromatic naptha 64742-95-6 2 1% xylene, 1% cumene. 10. Aromatic solvent 64742-94-5 10 Naphthalene. 11. Exempt mineral spirits 8032-32-4 0 None. 12. Ligroines (VM & P) 8032-32-4 0 None. 13. Lactol spirits 64742-89-6 15 Toluene. 14. Low aromatic white spirit 64742-82-1 0 None. 15. Mineral spirits 64742-88-7 1 Xylenes. 16. Hydrotreated naphtha 64742-48-9 0 None. 17. Hydrotreated light distillate 64742-47-8 0.1 Toluene. 18. Stoddard solvent 8052-41-3 1 Xylenes. 19. Super high-flash naphtha 64742-95-6 5 Xylenes. 20. Varol ® solvent 8052-49-3 1 0.5% xylenes, 0.5% ethyl benzene. 21. VM & P naphtha 64742-89-8 6 3% toluene, 3% xylene. 22. Petroleum distillate mixture 68477-31-6 8 4% naphthalene, 4% biphenyl. Table 6 to Subpart VVVV of Part 63—Default Organic HAP Contents of Petroleum Solvent Groups As specified in § 63.5758(a)(6), when detailed organic HAP content data for solvent blends are not available, you may use the values in the following table: Solvent type Average organic HAP content, percent by mass Typical organic HAP, percent by mass Aliphatic (Mineral Spirits 135, Mineral Spirits 150 EC, Naphtha, Mixed Hydrocarbon, Aliphatic Hydrocarbon, Aliphatic Naptha, Naphthol Spirits, Petroleum Spirits, Petroleum Oil, Petroleum Naphtha, Solvent Naphtha, Solvent Blend.) 3 1% Xylene, 1% Toluene, and 1% Ethylbenzene. Aromatic (Medium-flash Naphtha, High-flash Naphtha, Aromatic Naphtha, Light Aromatic Naphtha, Light Aromatic Hydrocarbons, Aromatic Hydrocarbons, Light Aromatic Solvent.) 6 4% Xylene, 1% Toluene, and 1% Ethylbenzene. Table 7 to Subpart VVVV of Part 63—Applicability and Timing of Notifications As specified in § 63.5761(a), you must submit notifications according to the following table: If your facility— You must submit— By this date— 1. Is an existing source subject to this subpart An initial notification containing the information specified in § 63.9(b)(2) No later than the dates specified in § 63.9(b)(2). 2. Is a new source subject to this subpart The notifications specified in § 63.9(b) (3) to (5) No later than the dates specified § 63.9(b)(4) and (5). 3. Qualifies for a compliance extension as specified in § 63.9(c) A request for a compliance extension as specified in § 63.9(c) No later than the dates specified in § 63.6(i). 4. Is complying with organic HAP content limits, application equipment requirements; or MACT model point value averaging provisions A notification of compliance status as specified in § 63.9(h) No later than 30 calendar days after the end of the first 12-month averaging period after your facility's compliance date. 5. Is complying by using an add-on control device a. notification of intent to conduct a performance test as specified in § 63.9(e) No later than the date specified in § 63.9(e). b. A notification of the date for the continuous monitoring system performance evaluation as specified in § 63.9(g) With the notification of intent to conduct a performance test. c. A notification of compliance status as specified in § 63.9(h) No later than 60 calendar days after the completion of the add-on control device performance test and continuous monitoring system performance evaluation. Table 8 to Subpart VVVV of Part 63—Applicability of General Provisions (40 CFR Part 63, Subpart A) to Subpart VVVV As specified in § 63.5773, you must comply with the applicable requirements of the General Provisions according to the following table: Citation Requirement Applies to Explanation § 63.1(a) General Applicability Yes. § 63.1(b) Initial Applicability Determination Yes. § 63.1(c)(1) Applicability After Standard Established Yes. § 63.1(c)(2) Yes Area sources are not regulated by subpart VVVV. § 63.1(c)(3) No [Reserved]. § 63.1(c)(4)-(5) Yes. § 63.1(d) No [Reserved]. § 63.1(e) Applicability of Permit Program Yes. § 63.2 Definitions Yes Additional definitions are found in § 63.5779. § 63.3 Units and Abbreviations Yes. § 63.4(a) Prohibited Activities Yes. § 63.4(b)-(c) Circumvention/Severability Yes. § 63.5(a) Construction/Reconstruction Yes. § 63.5(b) Requirements for Existing, Newly Constructed, and Reconstructed Sources Yes. § 63.5(c) No [Reserved]. § 63.5(d) Application for Approval of Construction/Reconstruction Yes. § 63.5(e) Approval of Construction/Reconstruction Yes. § 63.5(f) Approval of Construction/Reconstruction Based on prior State Review Yes. § 63.6(a) Compliance with Standards and Maintenance Requirements—Applicability Yes. § 63.6(b) Compliance Dates for New and Reconstructed Sources Yes § 63.695 specifies compliance dates, including the compliance date for new area sources that become major sources after the effective date of the rule. § 63.6(c) Compliance Dates for Existing Sources Yes § 63.5695 specifies compliance dates, including the compliance date for existing area sources that become major sources after the effective date of the rule. § 63.6(d) No [Reserved]. § 63.6(e)(1)-(2) Operation and Maintenance Requirements No Operating requirements for open molding operations with add-on controls are specified in § 63.5725. § 63.6(e)(3) Startup, Shut Down, and Malfunction Plans No Only sources with add-on controls must complete startup, shutdown, and malfunction plans. § 63.6(f)(1) No. § 63.6(f)(2)-(3) Compliance with Nonopacity Emission Standards Yes. § 63.6(g) Use of an Alternative Nonopacity Emission Standard Yes. § 63.6(h) Compliance with Opacity/Visible Emissions Standards No Subpart VVVV does not specify opacity or visible emission standards. § 63.6(i) Extension of Compliance with Emission Standards Yes. § 63.6(j) Exemption from Compliance with Emission Standards Yes. § 63.7(a)(1) Performance Test Requirements Yes. § 63.7(a)(2) Dates for performance tests No § 63.5716 specifies performance test dates. § 63.7(a)(3) Performance testing at other times Yes. § 63.7(b)-(h) Other performance testing requirements Yes. § 63.8(a)(1)-(2) Monitoring Requirements—Applicability Yes All of § 63.8 applies only to sources with add-on controls. Additional monitoring requirements for sources with add-on controls are found in § 63.5725. § 63.8(a)(3) No [Reserved]. § 63.8(a)(4) No Subpart VVVV does not refer directly or indirectly to § 63.11. § 63.8(b)(1) Conduct of Monitoring Yes. § 63.8(b)(2)-(3) Multiple Effluents and CMS Yes Applies to sources that use a CMS on the control device stack. § 63.8(c)(1)(i) and (iii) CMS Operation and Maintenance No References to startup, shutdown, malfunction are not applicable. § 63.8(c)(1)-(4) CMS Operation and Maintenance Yes Except those provisions in § 63.8(c)(1)(i) and (iii) as noted above. § 63.8(c)(5) Continuous Opacity Monitoring Systems (COMS) No Subpart VVVV does not have opacity or visible emission standards. § 63.8(c)(6)-(8) CMS Calibration Checks and Out-of-Control Periods Yes. § 63.8(d) Quality Control Program Yes Except those provisions of § 63.8(d)(3) regarding a startup, shutdown, malfunction plan as noted below. § 63.8(d)(3) Quality Control Program No No requirement for a startup, shutdown, malfunction plan. § 63.8(e) CMS Performance Evaluation Yes. § 63.8(f)(1)-(5) Use of an Alternative Monitoring Method Yes. § 63.8(f)(6) Alternative to Relative Accuracy Test Yes Applies only to sources that use continuous emission monitoring systems (CEMS). § 63.8(g) Data Reduction Yes. § 63.9(a) Notification Requirements—Applicability Yes. § 63.9(b) Initial Notifications Yes. § 63.9(c) Request for Compliance Extension Yes. § 63.9(d) Notification That a New Source Is Subject to Special Compliance Requirements Yes. § 63.9(e) Notification of Performance Test Yes Applies only to sources with add-on controls. § 63.9(f) Notification of Visible Emissions/Opacity Test No Subpart VVVV does not have opacity or visible emission standards. § 63.9(g)(1) Additional CMS Notifications—Date of CMS Performance Evaluation Yes Applies only to sources with add-on controls. § 63.9(g)(2) Use of COMS Data No Subpart VVVV does not require the use of COMS. § 63.9(g)(3) Alternative to Relative Accuracy Testing Yes Applies only to sources with CEMS. § 63.9(h) Notification of Compliance Status Yes. § 63.9(i) Adjustment of Deadlines Yes. § 63.9(j) Change in Previous Information Yes. § 63.10(a) Recordkeeping/Reporting—Applicability Yes. § 63.10(b)(1) General Recordkeeping Requirements Yes §§ 63.567 and 63.5770 specify additional recordkeeping requirements. § 63.10(b)(2)(i), (iii), (vi)-(xiv) General Recordkeeping Requirements Yes. § 63.10(b)(2)(ii), (iv), (v) Recordkeeping Relevant to Startup, Shutdown, and Malfunction Periods No. § 63.10(b)(3) Recordkeeping Requirements for Applicability Determinations Yes § 63.5686 specifies applicability determinations for non-major sources. § 63.10(c)(1)-(14) Additional Recordkeeping for Sources with CMS Yes Applies only to sources with add-on controls. § 63.10(c)(15) Additional Recordkeeping for Sources with CMS No No requirement for a startup, shutdown, malfunction plan. § 63.10(d)(1) General Reporting Requirements Yes § 63.5764 specifies additional reporting requirements. § 63.10(d)(2) Performance Test Results Yes § 63.5764 specifies additional requirements for reporting performance test results. § 63.10(d)(3) Opacity or Visible Emissions Observations No Subpart VVVV does not specify opacity or visible emission standards. § 63.10(d)(4) Progress Reports for Sources with Compliance Extensions Yes. § 63.10(d)(5) Startup, Shutdown, and Malfunction Reports No Applies only to sources with add-on controls. § 63.10(e)(1) Additional CMS Reports—General Yes Applies only to sources with add-on controls. § 63.10(e)(2) Reporting Results of CMS Performance Evaluations Yes Applies only to sources with add-on controls. § 63.10(e)(3) Excess Emissions/CMS Performance Reports Yes Applies only to sources with add-on controls. § 63.10(e)(4) COMS Data Reports No Subpart VVVV does not specify opacity or visible emission standards. § 63.10(f) Recordkeeping/Reporting Waiver Yes. § 63.11 Control Device Requirements—Applicability No Facilities subject to subpart VVVV do not use flares as control devices. § 63.12 State Authority and Delegations Yes § 63.5776 lists those sections of subpart A that are not delegated. § 63.13 Addresses Yes. § 63.14 Incorporation by Reference Yes. § 63.15 Availability of Information/Confidentiality Yes. [86 FR 66041, Nov. 19, 2021] Subpart WWWW—National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production Source: 68 FR 19402, Apr. 21, 2003, unless otherwise noted. What This Subpart Covers § 63.5780 What is the purpose of this subpart? This subpart establishes national emissions standards for hazardous air pollutants (NESHAP) for reinforced plastic composites production. This subpart also establishes requirements to demonstrate initial and continuous compliance with the hazardous air pollutants (HAP) emissions standards. § 63.5785 Am I subject to this subpart? (a) You are subject to this subpart if you own or operate a reinforced plastic composites production facility that is located at a major source of HAP emissions. Reinforced plastic composites production is limited to operations in which reinforced and/or nonreinforced plastic composites or plastic molding compounds are manufactured using thermoset resins and/or gel coats that contain styrene to produce plastic composites. The resins and gel coats may also contain materials designed to enhance the chemical, physical, and/or thermal properties of the product. Reinforced plastic composites production also includes cleaning, mixing, HAP-containing materials storage, and repair operations associated with the production of plastic composites. (b) You are not subject to this subpart if your facility only repairs reinforced plastic composites. Repair includes the non-routine manufacture of individual components or parts intended to repair a larger item as defined in § 63.5935 (c) You are not subject to this subpart if your facility is a research and development facility as defined in section 112(c)(7) of the Clean Air Act (CAA). (d) You are not subject to this subpart if your reinforced plastic composites operations use less than 1.2 tons per year (tpy) of thermoset resins and gel coats that contain styrene combined. § 63.5787 What if I also manufacture fiberglass boats or boat parts? (a) If your source meets the applicability criteria in § 63.5785, and is not subject to the Boat Manufacturing NESHAP (40 CFR part 63, subpart VVVV), you are subject to this subpart regardless of the final use of the parts you manufacture. (b) If your source is subject to 40 CFR part 63, subpart VVVV, and all the reinforced plastic composites you manufacture are used in manufacturing your boats, you are not subject to this subpart. (c) If you are subject to 40 CFR part 63, subpart VVVV, and meet the applicability criteria in § 63.5785, and produce reinforced plastic composites that are not used in fiberglass boat manufacture at your facility, all operations associated with the manufacture of the reinforced plastic composites parts that are not used in fiberglass boat manufacture at your facility are subject to this subpart, except as noted in paragraph (d) of this section. (d) Facilities potentially subject to both this subpart and 40 CFR part 63, subpart VVVV may elect to have the operations in paragraph (c) of this section covered by 40 CFR part 63, subpart VVVV, in lieu of this subpart, if they can demonstrate that this will not result in any organic HAP emissions increase compared to complying with this subpart. § 63.5790 What parts of my plant does this subpart cover? (a) This subpart applies to each new or existing affected source at reinforced plastic composites production facilities. (b) The affected source consists of all parts of your facility engaged in the following operations: Open molding, closed molding, centrifugal casting, continuous lamination, continuous casting, polymer casting, pultrusion, sheet molding compound (SMC) manufacturing, bulk molding compound (BMC) manufacturing, mixing, cleaning of equipment used in reinforced plastic composites manufacture, HAP-containing materials storage, and repair operations on parts you also manufacture. (c) The following operations are specifically excluded from any requirements in this subpart: application of mold sealing and release agents; mold stripping and cleaning; repair of parts that you did not manufacture, including non-routine manufacturing of parts; personal activities that are not part of the manufacturing operations (such as hobby shops on military bases); prepreg materials as defined in § 63.5935; non-gel coat surface coatings; application of putties, polyputties, and adhesives; repair or production materials that do not contain resin or gel coat; research and development operations as defined in section 112(c)(7) of the CAA; polymer casting; and closed molding operations (except for compression/injection molding). Note that the exclusion of certain operations from any requirements applies only to operations specifically listed in this paragraph. The requirements for any co-located operations still apply. (d) Production resins that must meet military specifications are allowed to meet the organic HAP limit contained in that specification. In order for this exemption to be used, you must supply to the permitting authority the specifications certified as accurate by the military procurement officer, and those specifications must state a requirement for a specific resin, or a specific resin HAP content. Production resins for which this exemption is used must be applied with nonatomizing resin application equipment unless you can demonstrate this is infeasible. You must keep a record of the resins for which you are using this exemption. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50124, Aug. 25, 2005] § 63.5795 How do I know if my reinforced plastic composites production facility is a new affected source or an existing affected source? (a) A reinforced plastic composites production facility is a new affected source if it meets all the criteria in paragraphs (a)(1) and (2) of this section. (1) You commence construction of the source after August 2, 2001. (2) You commence construction, and no other reinforced plastic composites production source exists at that site. (b) For the purposes of this subpart, an existing affected source is any affected source that is not a new affected source. [70 FR 50124, Aug. 25, 2005] Calculating Organic HAP Emissions Factors for Open Molding and Centrifugal Casting § 63.5796 What are the organic HAP emissions factor equations in Table 1 to this subpart, and how are they used in this subpart? Emissions factors are used in this subpart to determine compliance with certain organic HAP emissions limits in Tables 3 and 5 to this subpart. You may use the equations in Table 1 to this subpart to calculate your emissions factors. Equations are available for each open molding operation and centrifugal casting operation and have units of pounds of organic HAP emitted per ton (lb/ton) of resin or gel coat applied. These equations are intended to provide a method for you to demonstrate compliance without the need to conduct for a HAP emissions test. In lieu of these equations, you can elect to use site-specific organic HAP emissions factors to demonstrate compliance provided your site-specific organic HAP emissions factors are incorporated in the facility's air emissions permit and are based on actual facility HAP emissions test data. You may also use the organic HAP emissions factors calculated using the equations in Table 1 to this subpart, combined with resin and gel coat use data, to calculate your organic HAP emissions. § 63.5797 How do I determine the organic HAP content of my resins and gel coats? In order to determine the organic HAP content of resins and gel coats, you may rely on information provided by the material manufacturer, such as manufacturer's formulation data and material safety data sheets (MSDS), using the procedures specified in paragraphs (a) through (c) of this section, as applicable. (a) Include in the organic HAP total each organic HAP that is present at 0.1 percent by mass or more for Occupational Safety and Health Administration-defined carcinogens, as specified in 29 CFR 1910.1200(d)(4) and at 1.0 percent by mass or more for other organic HAP compounds. (b) If the organic HAP content is provided by the material supplier or manufacturer as a range, you must use the upper limit of the range for determining compliance. If a separate measurement of the total organic HAP content, such as an analysis of the material by EPA Method 311 of appendix A to 40 CFR part 63, exceeds the upper limit of the range of the total organic HAP content provided by the material supplier or manufacturer, then you must use the measured organic HAP content to determine compliance. (c) If the organic HAP content is provided as a single value, you may use that value to determine compliance. If a separate measurement of the total organic HAP content is made and is less than 2 percentage points higher than the value for total organic HAP content provided by the material supplier or manufacturer, then you still may use the provided value to demonstrate compliance. If the measured total organic HAP content exceeds the provided value by 2 percentage points or more, then you must use the measured organic HAP content to determine compliance. § 63.5798 What if I want to use, or I manufacture, an application technology (new or existing) whose organic HAP emissions characteristics are not represented by the equations in Table 1 to this subpart? If you wish to use a resin or gel coat application technology (new or existing), whose emission characteristics are not represented by the equations in Table 1 to this subpart, you may use the procedures in paragraphs (a) or (b) of this section to establish an organic HAP emissions factor. This organic HAP emissions factor may then be used to determine compliance with the emission limits in this subpart, and to calculate facility organic HAP emissions. (a) Perform an organic HAP emissions test to determine a site-specific organic HAP emissions factor using the test procedures in § 63.5850. (b) Submit a petition to the Administrator for administrative review of this subpart. This petition must contain a description of the resin or gel coat application technology and supporting organic HAP emissions test data obtained using EPA test methods or their equivalent. The emission test data should be obtained using a range of resin or gel coat HAP contents to demonstrate the effectiveness of the technology under the different conditions, and to demonstrate that the technology will be effective at different sites. We will review the submitted data, and, if appropriate, update the equations in Table 1 to this subpart. § 63.5799 How do I calculate my facility's organic HAP emissions on a tpy basis for purposes of determining which paragraphs of § 63.5805 apply? To calculate your facility's organic HAP emissions in tpy for purposes of determining which paragraphs in § 63.5805 apply to you, you must use the procedures in either paragraph (a) of this section for new facilities prior to startup, or paragraph (b) of this section for existing facilities and new facilities after startup. You are not required to calculate or report emissions under this section if you are an existing facility that does not have centrifugal casting or continuous lamination/casting operations, or a new facility that does not have any of the following operations: Open molding, centrifugal casting, continuous lamination/casting, pultrusion, SMC and BMC manufacturing, and mixing. Emissions calculation and emission reporting procedures in other sections of this subpart still apply. Calculate organic HAP emissions prior to any add-on control device, and do not include organic HAP emissions from any resin or gel coat used in operations subject to the Boat Manufacturing NESHAP, 40 CFR part 63, subpart VVVV, or from the manufacture of large parts as defined in § 63.5805(d)(2). For centrifugal casting operations at existing facilities, do not include any organic HAP emissions where resin or gel coat is applied to an open centrifugal mold using open molding application techniques. Table 1 and the Table 1 footnotes to this subpart present more information on calculating centrifugal casting organic HAP emissions. The timing and reporting of these calculations is discussed in paragraph (c) of this section. (a) For new facilities prior to startup, calculate a weighted average organic HAP emissions factor for the operations specified in § 63.5805(c) and (d) on a lbs/ton of resin and gel coat basis. Base the weighted average on your projected operation for the 12 months subsequent to facility startup. Multiply the weighted average organic HAP emissions factor by projected resin use over the same period. You may calculate your organic HAP emissions factor based on the factors in Table 1 to this subpart, or you may use any HAP emissions factor approved by us, such as factors from the “Compilation of Air Pollutant Emissions Factors, Volume I: Stationary Point and Area Sources (AP-42),” or organic HAP emissions test data from similar facilities. (b) For existing facilities and new facilities after startup, you may use the procedures in either paragraph (b)(1) or (2) of this section. If the emission factors for an existing facility have changed over the period of time prior to their initial compliance date due to incorporation of pollution-prevention control techniques, existing facilities may base the average emission factor on their operations as they exist on the compliance date. If an existing facility has accepted an enforceable permit limit that would result in less than 100 tpy of HAP measured prior to any add-on controls, and can demonstrate that they will operate at that level subsequent to the compliance date, they can be deemed to be below the 100 tpy threshold. (1) Use a calculated emission factor. (2) Conduct performance testing. (c) Existing facilities must initially perform this calculation based on their 12 months of operation prior to April 21, 2003, and include this information with their initial notification report. Existing facilities must repeat the calculation based on their resin and gel coat use in the 12 months prior to their initial compliance date, and submit this information with their initial compliance report. After their initial compliance date, existing and new facilities must recalculate organic HAP emissions over the 12-month period ending June 30 or December 31, whichever date is the first date following their compliance date specified in § 63.5800. Subsequent calculations should cover the periods in the semiannual compliance reports. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50124, Aug. 25, 2005] Compliance Dates and Standards § 63.5800 When do I have to comply with this subpart? You must comply with the standards in this subpart by the dates specified in Table 2 to this subpart. Facilities meeting an organic HAP emissions standard based on a 12-month rolling average must begin collecting data on the compliance date in order to demonstrate compliance. § 63.5805 What standards must I meet to comply with this subpart? You must meet the requirements of paragraphs (a) through (h) of this section that apply to you. You may elect to comply using any options to meet the standards described in §§ 63.5810 through 63.5830. Use the procedures in § 63.5799 to determine if you meet or exceed the 100 tpy threshold. (a) If you have an existing facility that has any centrifugal casting or continuous casting/lamination operations, you must meet the requirements of paragraph (a)(1) or (2) of this section: (1) If the combination of all centrifugal casting and continuous lamination/casting operations emit 100 tpy or more of HAP, you must reduce the total organic HAP emissions from centrifugal casting and continuous lamination/casting operations by at least 95 percent by weight. As an alternative to meeting the 95 percent by weight requirement, centrifugal casting operations may meet the applicable organic HAP emissions limits in Table 5 to this subpart and continuous lamination/casting operations may meet an organic HAP emissions limit of 1.47 lbs/ton of neat resin plus and neat gel coat plus applied. For centrifugal casting, the percent reduction requirement does not apply to organic HAP emissions that occur during resin application onto an open centrifugal casting mold using open molding application techniques. (2) If the combination of all centrifugal casting and continuous lamination/casting operations emit less than 100 tpy of HAP, then centrifugal casting and continuous lamination/casting operations must meet the appropriate requirements in Table 3 to this subpart. (b) All operations at existing facilities not listed in paragraph (a) of this section must meet the organic HAP emissions limits in Table 3 to this subpart and the work practice standards in Table 4 to this subpart that apply, regardless of the quantity of HAP emitted. (c) If you have a new facility that emits less than 100 tpy of HAP from the combination of all open molding, centrifugal casting, continuous lamination/casting, pultrusion, SMC manufacturing, mixing, and BMC manufacturing, you must meet the organic HAP emissions limits in Table 3 to this subpart and the work practice standards in Table 4 to this subpart that apply to you. (d)(1) Except as provided in paragraph (d)(2) of this section, if you have a new facility that emits 100 tpy or more of HAP from the combination of all open molding, centrifugal casting, continuous lamination/casting, pultrusion, SMC manufacturing, mixing, and BMC manufacturing, you must reduce the total organic HAP emissions from these operations by at least 95 percent by weight and meet any applicable work practice standards in Table 4 to this subpart that apply to you. As an alternative to meeting 95 percent by weight, you may meet the organic HAP emissions limits in Table 5 to this subpart. If you have a continuous lamination/casting operation, that operation may alternatively meet an organic HAP emissions limit of 1.47 lbs/ton of neat resin plus and neat gel coat plus applied. (2)(i) If your new facility manufactures large reinforced plastic composites parts using open molding or pultrusion operations, the specific open molding and pultrusion operations used to produce large parts are not required to reduce HAP emissions by 95 weight percent, but must meet the emission limits in Table 3 to this subpart. (ii) A large open molding part is defined as a part that, when the final finished part is enclosed in the smallest rectangular six-sided box into which the part can fit, the total interior volume of the box exceeds 250 cubic feet, or any interior sides of the box exceed 50 square feet. (iii) A large pultruded part is a part that exceeds an outside perimeter of 24 inches or has more than 350 reinforcements. (e) If you have a new or existing facility subject to paragraph (a)(2) or (c) of this section at its initial compliance date that subsequently meets or exceeds the 100 tpy threshold in any calendar year, you must notify your permitting authority in your compliance report. You may at the same time request a one-time exemption from the requirements of paragraph (a)(1) or (d) of this section in your compliance report if you can demonstrate all of the following: (1) The exceedance of the threshold was due to circumstances that will not be repeated. (2) The average annual organic HAP emissions from the potentially affected operations for the last 3 years were below 100 tpy. (3) Projected organic HAP emissions for the next calendar year are below 100 tpy, based on projected resin and gel coat use and the HAP emission factors calculated according to the procedures in § 63.5799. (f) If you apply for an exemption in paragraph (e) of this section and subsequently exceed the HAP emission thresholds specified in paragraph (a)(2) or (c) of this section over the next 12-month period, you must notify the permitting authority in your semiannual report, the exemption is removed, and your facility must comply with paragraph (a)(1) or (d) of this section within 3 years from the time your organic HAP emissions first exceeded the threshold. (g) If you have repair operations subject to this subpart as defined in § 63.5785, these repair operations must meet the requirements in Tables 3 and 4 to this subpart and are not required to meet the 95 percent organic HAP emissions reduction requirements in paragraph (a)(1) or (d) of this section. (h) If you use an add-on control device to comply with this subpart, you must meet all requirements contained in 40 CFR part 63, subpart SS. [70 FR 50124, Aug. 25, 2005] Options for Meeting Standards § 63.5810 What are my options for meeting the standards for open molding and centrifugal casting operations at new and existing sources? You must use one of the following methods in paragraphs (a) through (d) of this section to meet the standards for open molding or centrifugal casting operations in Table 3 or 5 to this subpart. You may use any control method that reduces organic HAP emissions, including reducing resin and gel coat organic HAP content, changing to nonatomized mechanical application, using covered curing techniques, and routing part or all of your emissions to an add-on control. You may use different compliance options for the different operations listed in Table 3 or 5 to this subpart. The necessary calculations must be completed within 30 days after the end of each month. You may switch between the compliance options in paragraphs (a) through (d) of this section. When you change to an option based on a 12-month rolling average, you must base the average on the previous 12 months of data calculated using the compliance option you are changing to, unless you were previously using an option that did not require you to maintain records of resin and gel coat use. In this case, you must immediately begin collecting resin and gel coat use data and demonstrate compliance 12 months after changing options. (a) Demonstrate that an individual resin or gel coat, as applied, meets the applicable emission limit in Table 3 or 5 to this subpart. Where: Percent Control Efficiency = a value calculated from organic HAP emissions test measurements made according to the requirements of § 63.5850 to this subpart. (2) If the calculated emission factor is less than or equal to the appropriate emission limit, you have demonstrated that this process stream complies with the emission limit in Table 3 to this subpart. It is not necessary that all your process streams, considered individually, demonstrate compliance to use this option for some process streams. However, for any individual resin or gel coat you use, if any of the process streams that include that resin or gel coat are to be used in any averaging calculations described in paragraphs (b) through (d) of this section, then all process streams using that individual resin or gel coat must be included in the averaging calculations. (b) Demonstrate that, on average, you meet the individual organic HAP emissions limits for each combination of operation type and resin application method or gel coat type. (1)(i) Group the process streams described in paragraph (a) to this section by operation type and resin application method or gel coat type listed in Table 3 to this subpart and then calculate a weighted average emission factor based on the amounts of each individual resin or gel coat used for the last 12 months. To do this, sum the product of each individual organic HAP emissions factor calculated in paragraph (a)(1) of this section and the amount of neat resin plus and neat gel coat plus usage that corresponds to the individual factors and divide the numerator by the total amount of neat resin plus and neat gel coat plus used in that operation type as shown in Equation 2 of this section. Where: Actual Process Stream EF i Material i n = number of process streams where you calculated an organic HAP emissions factor. (ii) You may, but are not required to, include process streams where you have demonstrated compliance as described in paragraph (a) of this section, subject to the limitations described in paragraph (a)(2) of this section, and you are not required to and should not include process streams for which you will demonstrate compliance using the procedures in paragraph (d) of this section. (2) Compare each organic HAP emissions factor calculated in paragraph (b)(1) of this section with its corresponding organic HAP emissions limit in Table 3 or 5 to this subpart. If all emissions factors are equal to or less than their corresponding emission limits, then you are in compliance. (c) Demonstrate compliance with a weighted average emission limit. (1) Each month calculate the weighted average organic HAP emissions limit for all open molding operations and the weighted average organic HAP emissions limit for all centrifugal casting operations for your facility for the last 12-month period to determine the organic HAP emissions limit you must meet. To do this, multiply the individual organic HAP emissions limits in Table 3 or 5 to this subpart for each open molding (centrifugal casting) operation type by the amount of neat resin plus or neat gel coat plus used in the last 12 months for each open molding (centrifugal casting) operation type, sum these results, and then divide this sum by the total amount of neat resin plus and neat gel coat plus used in open molding (centrifugal casting) over the last 12 months as shown in Equation 3 of this section. Where: EL i Material i n = number of operations. (2) Each month calculate your weighted average organic HAP emissions factor for open molding and centrifugal casting. To do this, multiply your actual open molding (centrifugal casting) operation organic HAP emissions factors calculated in paragraph (b)(1) of this section and the amount of neat resin plus and neat gel coat plus used in each open molding (centrifugal casting) operation type, sum the results, and divide this sum by the total amount of neat resin plus and neat gel coat plus used in open molding (centrifugal casting) operations as shown in Equation 4 of this section. Where: Actual Individual EF i Material i n = number of operations. (3) Compare the values calculated in paragraphs (c)(1) and (2) of this section. If each 12-month rolling average organic HAP emissions factor is less than or equal to the corresponding 12-month rolling average organic HAP emissions limit, then you are in compliance. (d) Meet the organic HAP emissions limit for one application method and use the same resin(s) for all application methods of that resin type. (1) For any combination of manual resin application, mechanical resin application, filament application, or centrifugal casting, you may elect to meet the organic HAP emissions limit for any one of these application methods and use the same resin in all of the resin application methods listed in this paragraph (d)(1). Table 7 to this subpart presents the possible combinations based on a facility selecting the application process that results in the highest allowable organic HAP content resin. If the resin organic HAP content is below the applicable value shown in Table 7 to this subpart, the resin is in compliance. (2) You may also use a weighted average organic HAP content for each application method described in paragraph (d)(1) of this section. Calculate the weighted average organic HAP content monthly. Use Equation 2 in paragraph (b)(1) of this section except substitute organic HAP content for organic HAP emissions factor. You are in compliance if the weighted average organic HAP content based on the last 12 months of resin use is less than or equal to the applicable organic HAP contents in Table 7 to this subpart. (3) You may simultaneously use the averaging provisions in paragraph (b) or (c) of this section to demonstrate compliance for any operations and/or resins you do not include in your compliance demonstrations in paragraphs (d)(1) and (2) of this section. However, any resins for which you claim compliance under the option in paragraphs (d)(1) and (2) of this section may not be included in any of the averaging calculations described in paragraph (b) or (c) of this section. (4) You do not have to keep records of resin use for any of the individual resins where you demonstrate compliance under the option in paragraph (d)(1) of this section unless you elect to include that resin in the averaging calculations described in paragraph (d)(2) of this section. [70 FR 50125, Aug. 25, 2005] § 63.5820 What are my options for meeting the standards for continuous lamination/casting operations? You must use one or more of the options in paragraphs (a) through (d) of this section to meet the standards in § 63.5805. Use the calculation procedures in §§ 63.5865 through 63.5890. (a) Compliant line option. (b) Averaging option. (c) Add-on control device option. (d) Combination option. § 63.5830 What are my options for meeting the standards for pultrusion operations subject to the 60 weight percent organic HAP emissions reductions requirement? You must use one or more of the options in paragraphs (a) through (e) of this section to meet the 60 weight percent organic HAP emissions limit in Table 3 to this subpart, as required in § 63.5805. (a) Achieve an overall reduction in organic HAP emissions of 60 weight percent by capturing the organic HAP emissions and venting them to a control device or any combination of control devices. Conduct capture and destruction efficiency testing as specified in 63.5850 to this subpart to determine the percent organic HAP emissions reduction. (b) Design, install, and operate wet area enclosures and resin drip collection systems on pultrusion machines that meet the criteria in paragraphs (b)(1) through (10) of this section. (1) The enclosure must cover and enclose the open resin bath and the forming area in which reinforcements are pre-wet or wet-out and moving toward the die(s). The surfaces of the enclosure must be closed except for openings to allow material to enter and exit the enclosure. (2) For open bath pultrusion machines with a radio frequency pre-heat unit, the enclosure must extend from the beginning of the resin bath to within 12.5 inches or less of the entrance of the radio frequency pre-heat unit. If the stock that is within 12.5 inches or less of the entrance to the radio frequency pre-heat unit has any drip, it must be enclosed. The stock exiting the radio frequency pre-heat unit is not required to be in an enclosure if the stock has no drip between the exit of the radio frequency pre-heat unit to within 0.5 inches of the entrance of the die. (3) For open bath pultrusion machines without a radio frequency pre-heat unit, the enclosure must extend from the beginning of the resin bath to within 0.5 inches or less of the die entrance. (4) For pultrusion lines with pre-wet area(s) prior to direct die injection, no more than 12.5 inches of open wet stock is permitted between the entrance of the first pre-wet area and the entrance to the die. If the pre-wet stock has any drip, it must be enclosed. (5) The total open area of the enclosure must not exceed two times the cross sectional area of the puller window(s) and must comply with the requirements in paragraphs (b)(5)(i) through (iii) of this section. (i) All areas that are open need to be included in the total open area calculation with the exception of access panels, doors, and/or hatches that are part of the enclosure. (ii) The area that is displaced by entering reinforcement or exiting product is considered open. (iii) Areas that are covered by brush covers are considered closed. (6) Open areas for level control devices, monitoring devices, agitation shafts, and fill hoses must have no more than 1.0 inch clearance. (7) The access panels, doors, and/or hatches that are part of the enclosure must close tightly. Damaged access panels, doors, and/or hatches that do not close tightly must be replaced. (8) The enclosure may not be removed from the pultrusion line, and access panels, doors, and/or hatches that are part of the enclosure must remain closed whenever resin is in the bath, except for the time period discussed in paragraph (b)(9) of this section. (9) The maximum length of time the enclosure may be removed from the pultrusion line or the access panels, doors, and/or hatches and may be open, is 30 minutes per 8 hour shift, 45 minutes per 12 hour shift, or 90 minutes per day if the machine is operated for 24 hours in a day. The time restrictions do not apply if the open doors or panels do not cause the limit of two times the puller window area to be exceeded. Facilities may average the times that access panels, doors, and/or hatches are open across all operating lines. In that case the average must not exceed the times shown in this paragraph (b)(9). All lines included in the average must have operated the entire time period being averaged. (10) No fans, blowers, and/or air lines may be allowed within the enclosure. The enclosure must not be ventilated. (c) Use direct die injection pultrusion machines with resin drip collection systems that meet all the criteria specified in paragraphs (c)(1) through (3) of this section. (1) All the resin that is applied to the reinforcement is delivered directly to the die. (2) No exposed resin is present, except at the face of the die. (3) Resin drip is captured in a closed system and recycled back to the process. (d) Use a preform injection system that meets the definition in § 63.5935 (e) Use any combination of options in paragraphs (a) through (d) of this section in which different pultrusion lines comply with different options described in paragraphs (a) through (d) of this section, and (1) Each individual pultrusion machine meets the 60 percent reduction requirement, or (2) The weighted average reduction based on resin throughput of all machines combined is 60 percent. For purposes of the average percent reduction calculation, wet area enclosures reduce organic HAP emissions by 60 percent, and direct die injection and preform injection reduce organic HAP emissions by 90 percent. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50127, Aug. 25, 2005] General Compliance Requirements § 63.5835 What are my general requirements for complying with this subpart? (a) You must be in compliance at all times with the work practice standards in Table 4 to this subpart, as well as the organic HAP emissions limits in Tables 3, or 5, or the organic HAP content limits in Table 7 to this subpart, as applicable, that you are meeting without the use of add-on controls. (b) You must be in compliance with all organic HAP emissions limits in this subpart that you meet using add-on controls at all times. (c) You must always operate and maintain your affected source, including air pollution control and monitoring equipment, according to the provisions in § 63.6(e)(1)(i). [68 FR 19402, Apr. 21, 2003, as amended at 71 FR 20466, Apr. 20, 2006; 85 FR 15975, Mar. 20, 2020] Testing and Initial Compliance Requirements § 63.5840 By what date must I conduct a performance test or other initial compliance demonstration? You must conduct performance tests, performance evaluations, design evaluations, capture efficiency testing, and other initial compliance demonstrations by the compliance date specified in Table 2 to this subpart, with three exceptions. Open molding and centrifugal casting operations that elect to meet an organic HAP emissions limit on a 12-month rolling average must initiate collection of the required data on the compliance date, and demonstrate compliance 1 year after the compliance date. New sources that use add-on controls to initially meet compliance must demonstrate compliance within 180 days after their compliance date. § 63.5845 When must I conduct subsequent performance tests? You must conduct a performance test every 5 years following the initial performance test for any standard you meet with an add-on control device. § 63.5850 How do I conduct performance tests, performance evaluations, and design evaluations? (a) If you are using any add-on controls to meet an organic HAP emissions limit in this subpart, you must conduct each performance test, performance evaluation, and design evaluation in 40 CFR part 63, subpart SS, that applies to you. The basic requirements for performance tests, performance evaluations, and design evaluations are presented in Table 6 to this subpart. (b) Each performance test must be conducted according to the requirements in § 63.7(e)(1) and under the specific conditions that 40 CFR part 63, subpart SS, specifies. (c) Each performance evaluation must be conducted according to the requirements in § 63.8(e) as applicable and under the specific conditions that 40 CFR part 63, subpart SS, specifies. (d) You may not conduct performance tests or performance evaluations during periods of startup, shutdown, or malfunction, as specified in § 63.7(e)(1). (e) You must conduct the control device performance test using the emission measurement methods specified in paragraphs (e)(1) through (5) of this section. (1) Use either Method 1 or 1A of appendix A to 40 CFR part 60, as appropriate, to select the sampling sites. (2) Use Method 2, 2A, 2C, 2D, 2F or 2G of appendix A to 40 CFR part 60, as appropriate, to measure gas volumetric flow rate. (3) Use Method 18 of appendix A to 40 CFR part 60 to measure organic HAP emissions or use Method 25A of appendix A to 40 CFR part 60 to measure total gaseous organic emissions as a surrogate for total organic HAP emissions. If you use Method 25A, you must assume that all gaseous organic emissions measured as carbon are organic HAP emissions. If you use Method 18 and the number of organic HAP in the exhaust stream exceeds five, you must take into account the use of multiple chromatographic columns and analytical techniques to get an accurate measure of at least 90 percent of the total organic HAP mass emissions. Do not use Method 18 to measure organic HAP emissions from a combustion device; use instead Method 25A and assume that all gaseous organic mass emissions measured as carbon are organic HAP emissions. (4) You may use American Society for Testing and Materials (ASTM) D6420-99 (available for purchase from at least one of the following addresses: 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, MI 48106.) in lieu of Method 18 of 40 CFR part 60, appendix A, under the conditions specified in paragraphs (c)(4)(i) through (iii) of this section. (i) If the target compound(s) is listed in Section 1.1 of ASTM D6420-99 and the target concentration is between 150 parts per billion by volume and 100 parts per million by volume. (ii) If the target compound(s) is not listed in Section 1.1 of ASTM D6420-99, but is potentially detected by mass spectrometry, an additional system continuing calibration check after each run, as detailed in Section 10.5.3 of ASTM D6420-99, must be followed, met, documented, and submitted with the performance test report even if you do not use a moisture condenser or the compound is not considered soluble. (iii) If a minimum of one sample/analysis cycle is completed at least every 15 minutes. (5) Use the procedures in EPA Method 3B of appendix A to 40 CFR part 60 to determine an oxygen correction factor if required by § 63.997(e)(2)(iii)(C). You may use American Society of Mechanical Engineers (ASME) PTC 19-10-1981-Part 10 (available for purchase from ASME, P.O. Box 2900, 22 Law Drive, Fairfield, New Jersey, 07007-2900, or online at www.asme.org/catalog (f) The control device performance test must consist of three runs and each run must last at least 1 hour. The production conditions during the test runs must represent normal production conditions with respect to the types of parts being made and material application methods. The production conditions during the test must also represent maximum potential emissions with respect to the organic HAP content of the materials being applied and the material application rates. (g) If you are using a concentrator/oxidizer control device, you must test the combined flow upstream of the concentrator, and the combined outlet flow from both the oxidizer and the concentrator to determine the overall control device efficiency. If the outlet flow from the concentrator and oxidizer are exhausted in separate stacks, you must test both stacks simultaneously with the inlet to the concentrator to determine the overall control device efficiency. (h) During the test, you must also monitor and record separately the amounts of production resin, tooling resin, pigmented gel coat, clear gel coat, and tooling gel coat applied inside the enclosure that is vented to the control device. § 63.5855 What are my monitor installation and operation requirements? You must monitor and operate all add-on control devices according to the procedures in 40 CFR part 63, subpart SS. § 63.5860 How do I demonstrate initial compliance with the standards? (a) You demonstrate initial compliance with each organic HAP emissions standard in paragraphs (a) through (h) of § 63.5805 that applies to you by using the procedures shown in Tables 8 and 9 to this subpart. (b) If using an add-on control device to demonstrate compliance, you must also establish each control device operating limit in 40 CFR part 63, subpart SS, that applies to you. Emission Factor, Percent Reduction, and Capture Efficiency Calculation Procedures for Continuous Lamination/Casting Operations § 63.5865 What data must I generate to demonstrate compliance with the standards for continuous lamination/casting operations? (a) For continuous lamination/casting affected sources complying with a percent reduction requirement, you must generate the data identified in Tables 10 and 11 to this subpart for each data requirement that applies to your facility. (b) For continuous lamination/casting affected sources complying with a lbs/ton limit, you must generate the data identified in Tables 11 and 12 to this subpart for each data requirement that applies to your facility. § 63.5870 How do I calculate annual uncontrolled and controlled organic HAP emissions from my wet-out area(s) and from my oven(s) for continuous lamination/casting operations? To calculate your annual uncontrolled and controlled organic HAP emissions from your wet-out areas and from your ovens, you must develop uncontrolled and controlled wet-out area and uncontrolled and controlled oven organic HAP emissions estimation equations or factors to apply to each formula applied on each line, determine how much of each formula for each end product is applied each year on each line, and assign uncontrolled and controlled wet-out area and uncontrolled and controlled oven organic HAP emissions estimation equations or factors to each formula. You must determine the overall capture efficiency using the procedures in § 63.5850 to this subpart. (a) To develop uncontrolled and controlled organic HAP emissions estimation equations and factors, you must, at a minimum, do the following, as specified in paragraphs (a)(1) through (6) of this section: (1) Identify each end product and the thickness of each end product produced on the line. Separate end products into the following end product groupings, as applicable: corrosion-resistant gel coated end products, noncorrosion-resistant gel coated end products, corrosion-resistant nongel coated end products, and noncorrosion-resistant nongel coated end products. This step creates end product/thickness combinations. (2) Identify each formula used on the line to produce each end product/thickness combination. Identify the amount of each such formula applied per year. Rank each formula used to produce each end product/thickness combination according to usage within each end product/thickness combination. (3) For each end product/thickness combination being produced, select the formula with the highest usage rate for testing. (4) If not already selected, also select the worst-case formula (likely to be associated with the formula with the highest organic HAP content, type of HAP, application of gel coat, thin product, low line speed, higher resin table temperature) amongst all formulae. (You may use the results of the worst-case formula test for all formulae if desired to limit the amount of testing required.) (5) For each formula selected for testing, conduct at least one test (consisting of three runs). During the test, track information on organic HAP content and type of HAP, end product thickness, line speed, and resin temperature on the wet-out area table. (6) Using the test results, develop uncontrolled and controlled organic HAP emissions estimation equations (or factors) or series of equations (or factors) that best fit the results for estimating uncontrolled and controlled organic HAP emissions, taking into account the organic HAP content and type of HAP, end product thickness, line speed, and resin temperature on the wet-out area table. (b) In lieu of using the method specified in paragraph (a) of this section for developing uncontrolled and controlled organic HAP emissions estimation equations and factors, you may either method specified in paragraphs (b)(1) and (2) of this section, as applicable. (1) For either uncontrolled or controlled organic HAP emissions estimates, you may use previously established, facility-specific organic HAP emissions equations or factors, provided they allow estimation of both wet-out area and oven organic HAP emissions, where necessary, and have been approved by your permitting authority. If a previously established equation or factor is specific to the wet-out area only, or to the oven only, then you must develop the corresponding uncontrolled or controlled equation or factor for the other organic HAP emissions source. (2) For uncontrolled (controlled) organic HAP emissions estimates, you may use controlled (uncontrolled) organic HAP emissions estimates and control device destruction efficiency to calculate your uncontrolled (controlled) organic HAP emissions provided the control device destruction efficiency was calculated at the same time you collected the data to develop your facility's controlled (uncontrolled) organic HAP emissions estimation equations and factors. (c) Assign to each formula an uncontrolled organic HAP emissions estimation equation or factor based on the end product/thickness combination for which that formula is used. (d)(1) To calculate your annual uncontrolled organic HAP emissions from wet-out areas that do not have any capture and control and from wet-out areas that are captured by an enclosure but are vented to the atmosphere and not to a control device, multiply each formula's annual usage by its appropriate organic HAP emissions estimation equation or factor and sum the individual results. (2) To calculate your annual uncontrolled organic HAP emissions that escape from the enclosure on the wet-out area, multiply each formula's annual usage by its appropriate uncontrolled organic HAP emissions estimation equation or factor, sum the individual results, and multiply the summation by 1 minus the percent capture (expressed as a fraction). (3) To calculate your annual uncontrolled oven organic HAP emissions, multiply each formula's annual usage by its appropriate uncontrolled organic HAP emissions estimation equation or factor and sum the individual results. (4) To calculate your annual controlled organic HAP emissions, multiply each formula's annual usage by its appropriate organic HAP emissions estimation equation or factor and sum the individual results to obtain total annual controlled organic HAP emissions. (e) Where a facility is calculating both uncontrolled and controlled organic HAP emissions estimation equations and factors, you must test the same formulae. In addition, you must develop both sets of equations and factors from the same tests. § 63.5875 How do I determine the capture efficiency of the enclosure on my wet-out area and the capture efficiency of my oven(s) for continuous lamination/casting operations? (a) The capture efficiency of a wet-out area enclosure is assumed to be 100 percent if it meets the design and operation requirements for a permanent total enclosure (PTE) specified in EPA Method 204 of appendix M to 40 CFR part 51. If a PTE does not exist, then a temporary total enclosure must be constructed and verified using EPA Method 204, and capture efficiency testing must be determined using EPA Methods 204B through E of appendix M to 40 CFR part 51. (b) The capture efficiency of an oven is to be considered 100 percent, provided the oven is operated under negative pressure. § 63.5880 How do I determine how much neat resin plus is applied to the line and how much neat gel coat plus is applied to the line for continuous lamination/casting operations? Use the following procedures to determine how much neat resin plus and neat gel coat plus is applied to the line each year. (a) Track formula usage by end product/thickness combinations. (b) Use in-house records to show usage. This may be either from automated systems or manual records. (c) Record daily the usage of each formula/end product combination on each line. This is to be recorded at the end of each run ( i.e., (d) Sum the amounts from the daily records to calculate annual usage of each formula/end product combination by line. § 63.5885 How do I calculate percent reduction to demonstrate compliance for continuous lamination/casting operations? You may calculate percent reduction using any of the methods in paragraphs (a) through (d) of this section. (a) Compliant line option. Where: PR = percent reduction; Inlet + HAP emissions entering the control device, lbs per year; Outlet = HAP emissions existing the control device to the atmosphere, lbs per year. Where: PR = percent reduction; WAEi ci WAEi u Oj u Oj ci WAEi co Oj co (b) Averaging option. Where: PR = percent reduction; WAEi ci WAEi u WAEi co Oj u Oj ci Oj co m = number of wet-out areas; n = number of ovens. (c) Add-on control device option. (d) Combination option. [70 FR 50127, Aug. 25, 2005] § 63.5890 How do I calculate an organic HAP emissions factor to demonstrate compliance for continuous lamination/casting operations? (a) Compliant line option. Where: E = HAP emissions factor in lbs/ton of resin and gel coat WAE u WAE c O u O c R = total usage of neat resin plus, tpy G = total usage of neat gel coat plus, tpy (b) Averaging option. Where: E = HAP emissions factor in lbs/ton of resin and gel coat WAE ui WAE ci O uj O cj i = number of wet-out areas j = number of ovens m = number of wet-out areas uncontrolled n = number of ovens uncontrolled o = number of wet-out areas controlled p = number of ovens controlled R = total usage of neat resin plus, tpy G = total usage of neat gel coat plus, tpy (c) Combination option. Continuous Compliance Requirements § 63.5895 How do I monitor and collect data to demonstrate continuous compliance? (a) During production, you must collect and keep a record of data as indicated in 40 CFR part 63, subpart SS, if you are using an add-on control device. (b) You must monitor and collect data as specified in paragraphs (b)(1) through (4) of this section. (1) Except for monitoring malfunctions, associated repairs, and required quality assurance or control activities (including, as applicable, calibration checks and required zero and span adjustments), you must conduct all monitoring in continuous operation (or collect data at all required intervals) at all times that the affected source is operating. (2) You may not use data recorded during monitoring malfunctions, associated repairs, and required quality assurance or control activities for purposes to this subpart, including data averages and calculations, or fulfilling a minimum data availability requirement, if applicable. You must use all the data collected during all other periods in assessing the operation of the control device and associated control system. (3) At all times, you must maintain necessary parts for routine repairs of the monitoring equipment. (4) A monitoring malfunction is any sudden, infrequent, not reasonably preventable failure of the monitoring equipment to provide valid data. Monitoring failures that are caused in part by poor maintenance or careless operation are not malfunctions. (c) You must collect and keep records of resin and gel coat use, organic HAP content, and operation where the resin is used if you are meeting any organic HAP emissions limits based on an organic HAP emissions limit in Tables 3 or 5 to this subpart. You must collect and keep records of resin and gel coat use, organic HAP content, and operation where the resin is used if you are meeting any organic HAP content limits in Table 7 to this subpart if you are averaging organic HAP contents. Resin use records may be based on purchase records if you can reasonably estimate how the resin is applied. The organic HAP content records may be based on MSDS or on resin specifications supplied by the resin supplier. (d) Resin and gel coat use records are not required for the individual resins and gel coats that are demonstrated, as applied, to meet their applicable emission as defined in § 63.5810(a). However, you must retain the records of resin and gel coat organic HAP content, and you must include the list of these resins and gel coats and identify their application methods in your semiannual compliance reports. If after you have initially demonstrated that a specific combination of an individual resin or gel coat, application method, and controls meets its applicable emission limit, and the resin or gel coat changes or the organic HAP content increases, or you change the application method or controls, then you again must demonstrate that the individual resin or gel coat meets its emission limit as specified in paragraph (a) of § 63.5810. If any of the previously mentioned changes results in a situation where an individual resin or gel coat now exceeds its applicable emission limit in Table 3 or 5 of this subpart, you must begin collecting resin and gel coat use records and calculate compliance using one of the averaging options on a 12-month rolling average. (e) For each of your pultrusion machines, you must record all times that wet area enclosures doors or covers are open and there is resin present in the resin bath. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005] § 63.5900 How do I demonstrate continuous compliance with the standards? (a) You must demonstrate continuous compliance with each standard in § 63.5805 that applies to you according to the methods specified in paragraphs (a)(1) through (3) of this section. (1) Compliance with organic HAP emissions limits for sources using add-on control devices is demonstrated following the procedures in 40 CFR part 63, subpart SS. Sources using add-on controls may also use continuous emissions monitors to demonstrate continuous compliance as an alternative to control parameter monitoring. (2) Compliance with organic HAP emissions limits is demonstrated by maintaining an organic HAP emissions factor value less than or equal to the appropriate organic HAP emissions limit listed in Table 3 or 5 to this subpart, on a 12-month rolling average, and/or by including in each compliance report a statement that individual resins and gel coats, as applied, meet the appropriate organic HAP emissions limits, as discussed in § 63.5895(d). (3) Compliance with organic HAP content limits in Table 7 to this subpart is demonstrated by maintaining an average organic HAP content value less than or equal to the appropriate organic HAP contents listed in Table 7 to this subpart, on a 12-month rolling average, and/or by including in each compliance report a statement that resins and gel coats individually meet the appropriate organic HAP content limits in Table 7 to this subpart, as discussed in § 63.5895(d). (4) Compliance with the work practice standards in Table 4 to this subpart is demonstrated by performing the work practice required for your operation. (b) You must report each deviation from each standard in § 63.5805 that applies to you. The deviations must be reported according to the requirements in § 63.5910. (c) You must meet the organic HAP emissions limits and work practice standards that apply to you at all times. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005; 71 FR 20466, Apr. 20, 2006; 85 FR 15975, Mar. 20, 2020] Notifications, Reports, and Records § 63.5905 What notifications must I submit and when? (a) You must submit all of the notifications in Table 13 to this subpart that apply to you by the dates specified in Table 13 to this subpart. The notifications are described more fully in 40 CFR part 63, subpart A, referenced in Table 13 to this subpart. (b) If you change any information submitted in any notification, you must submit the changes in writing to the Administrator within 15 calendar days after the change. § 63.5910 What reports must I submit and when? (a) You must submit each report in Table 14 to this subpart that applies to you. (b) Unless the Administrator has approved a different schedule for submission of reports under § 63.10(a), you must submit each report by the date specified in Table 14 to this subpart and according to paragraphs (b)(1) through (5) of this section. (1) The first compliance report must cover the period beginning on the compliance date that is specified for your affected source in § 63.5800 and ending on June 30 or December 31, whichever date is the first date following the end of the first calendar half after the compliance date that is specified for your source in § 63.5800. (2) The first compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date follows the end of the first calendar half after the compliance date that is specified for your affected source in § 63.5800. (3) Each subsequent compliance report must cover the semiannual reporting period from January 1 through June 30 or the semiannual reporting period from July 1 through December 31. (4) Each subsequent compliance report must be postmarked or delivered no later than July 31 or January 31, whichever date is the first date following the end of the semiannual reporting period. (5) For each affected source that is subject to permitting requirements pursuant to 40 CFR part 70 or 71, and if the permitting authority has established dates for submitting semiannual reports pursuant to § 70.6 (a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A), you may submit the first and subsequent compliance reports according to the dates the permitting authority has established instead of according to the dates in paragraphs (b)(1) through (4) of this section. (c) The compliance report must contain the information in paragraphs (c)(1) through (6) of this section: (1) Company name and address. (2) Statement by a responsible official with that official's name, title, and signature, certifying the truth, accuracy, and completeness of the content of the report. (3) Date of the report and beginning and ending dates of the reporting period. (4) [Reserved] (5) If there are no deviations from any organic HAP emissions limitations (emissions limit and operating limit) that apply to you, and there are no deviations from the requirements for work practice standards in Table 4 to this subpart, a statement that there were no deviations from the organic HAP emissions limitations or work practice standards during the reporting period. (6) If there were no periods during which the continuous monitoring system (CMS), including a continuous emissions monitoring system (CEMS) and an operating parameter monitoring system were out of control, as specified in § 63.8(c)(7), a statement that there were no periods during which the CMS was out of control during the reporting period. (d) For each deviation from an organic HAP emissions limitation or operating limit and for each deviation from the requirements for work practice standards that occurs at an affected source where you are not using a CMS to comply with the organic HAP emissions limitations or work practice standards in this subpart, the compliance report must contain the information in paragraphs (c)(1) through (3) of this section and in paragraphs (d)(1) and (2) of this section. (1) The total operating time of each affected source during the reporting period. (2) Information on the number, duration, and cause of deviations (including unknown cause, if applicable), as applicable, and the corrective action taken. (e) For each deviation from an organic HAP emissions limitation ( i.e., (1) The date and time that each malfunction started and stopped. (2) The date and time that each CMS was inoperative, except for zero (low-level) and high-level checks. (3) The date, time, and duration that each CMS was out of control, including the information in § 63.8(c)(8). (4) The date and time that each deviation started and stopped. (5) A summary of the total duration of the deviation during the reporting period and the total duration as a percent of the total source operating time during that reporting period. (6) A breakdown of the total duration of the deviations during the reporting period into those that are due to control equipment problems, process problems, other known causes, and other unknown causes. (f) You must report if you have exceeded the 100 tpy organic HAP emissions threshold if that exceedance would make your facility subject to § 63.5805(a)(1) or (d). Include with this report any request for an exemption under § 63.5805(e). If you receive an exemption under § 63.5805(e) and subsequently exceed the 100 tpy organic HAP emissions threshold, you must report this exceedance as required in § 63.5805(f). (g) Each affected source that has obtained a title V operating permit pursuant to 40 CFR part 70 or 71 must report all deviations as defined in this subpart in the semiannual monitoring report required by § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A). If an affected source submits a compliance report pursuant to Table 14 to this subpart along with, or as part of, the semiannual monitoring report required by § 70.6(a)(3)(iii)(A) or § 71.6(a)(3)(iii)(A), and the compliance report includes all required information concerning deviations from any organic HAP emissions limitation (including any operating limit) or work practice requirement in this subpart, submission of the compliance report shall be deemed to satisfy any obligation to report the same deviations in the semiannual monitoring report. However, submission of a compliance report shall not otherwise affect any obligation the affected source may have to report deviations from permit requirements to the permitting authority. (h) Submit compliance reports based on the requirements in §§ 63.5910 and 63.5912 and table 14 to this subpart, and not based on the requirements in § 63.999. (i) Where multiple compliance options are available, you must state in your next compliance report if you have changed compliance options since your last compliance report. [68 FR 19402, Apr. 21, 2003, as amended at 70 FR 50128, Aug. 25, 2005; 85 FR 15975, Mar. 20, 2020] § 63.5912 How do I submit my reports? (a) Within 60 days after the date of completing each performance test required by this subpart, you must submit the results of the performance test following the procedures specified in paragraphs (a)(1) through (3) of this section. (1) Data collected using test methods supported by the EPA's Electronic Reporting Tool (ERT) as listed on the EPA's ERT website ( https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert https://cdx.epa.gov/ (2) Data collected using test methods that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the test. The results of the performance test must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (b) Within 60 days after the date of completing each continuous monitoring system (CMS) performance evaluation as defined in § 63.2, you must submit the results of the performance evaluation following the procedures specified in paragraphs (b)(1) through (3) of this section. (1) Performance evaluations of CMS measuring relative accuracy test audit (RATA) pollutants that are supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. Submit the results of the performance evaluation to the EPA via CEDRI, which can be accessed through the EPA's CDX. The data must be submitted in a file format generated through the use of the EPA's ERT. Alternatively, you may submit an electronic file consistent with the XML schema listed on the EPA's ERT website. (2) Performance evaluations of CMS measuring RATA pollutants that are not supported by the EPA's ERT as listed on the EPA's ERT website at the time of the evaluation. The results of the performance evaluation must be included as an attachment in the ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the ERT generated package or alternative file to the EPA via CEDRI. (3) Confidential business information (CBI). If you claim some of the information submitted under paragraph (a)(1) of this section is CBI, you must submit a complete file, including information claimed to be CBI, to the EPA. The file must be generated through the use of the EPA's ERT or an alternate electronic file consistent with the XML schema listed on the EPA's ERT website. Submit the file on a compact disc, flash drive, or other commonly used electronic storage medium and clearly mark the medium as CBI. Mail the electronic medium to U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same file with the CBI omitted must be submitted to the EPA via the EPA's CDX as described in paragraph (a)(1) of this section. (c) For sources that commence construction or reconstruction before or on May 17, 2019, you must submit to the Administrator semiannual compliance reports of the information required in § 63.5910(c),(d), (e), (f), and (i) beginning on September 16, 2020. For sources that commence construction or reconstruction after May 17, 2019, you must submit to the Administrator semiannual compliance reports of the information required in § 63.5910(c), (d), (e), (f), and (i) beginning on March 20, 2020, or upon startup, whichever is later. (d) If you are required to submit reports following the procedure specified in this paragraph (d), beginning on September 17, 2020, you must submit all subsequent reports to the EPA via CEDRI, which can be accessed through the EPA's CDX ( https://cdx.epa.gov/ https://www.epa.gov/electronic-reporting-air-emissions/compliance-and-emissions-data-reporting-interface-cedri (e) If you are required to electronically submit a report through CEDRI in the EPA'